Township of Westtown, PA Article XVI Supplemental Regulations

§ 170-1600 Statement of intent.

The regulations in this article are meant to give guidance to those seeking approval for certain supplemental uses and activities and for uses not specifically designated within one or more zoning districts. It is the intent of the Township that, where these uses or activities are authorized, they comply strictly with standards that have been created to address their particular impacts and characteristics.

§ 170-1601 Public utility corporations.

This chapter shall not apply to any existing or proposed building or extension thereof, or to any land, used or to be used by a public utility corporation if, upon petition of the corporation, the Public Utility Commission shall, after a public hearing, decide that the present or proposed situation or use of the building or land in question is reasonably necessary for the convenience or welfare of the public.

§ 170-1602 Automobile service stations.

The following specific development standards shall be met for any automobile service station, where such use is authorized by this chapter, so as to control the mode of development and method of operation and to ensure that the location does not adversely affect the health, safety and welfare of the community, especially in terms of traffic impacts.

A. Minimum lot area. A service station lot shall contain a minimum area of two acres or shall contain a minimum of 3,000 square feet for each pump, whichever is greater. A pump may have more than one hose. Minimum lot frontage shall be 150 feet.

B. Setbacks. Pump islands and any similar equipment or facilities shall be set back at least 30 feet from any property line or street right-of-way. The overhang of canopies may extend to within 20 feet of a property line, but the supporting structure for such canopies to protect automobiles positioned for service at pump islands shall be set back at least 30 feet from a property line or street right-of-way. Such setback distances shall be in addition to those required by buffer requirements contained in § 170-1105.

C. Service bays. Service bays shall be limited to one per 7,000 square feet of site area. All service bays are to be contained entirely within the principal building. Where any side or rear yard is adjacent to a residential district, no more than three service bays shall be permitted. Service bay doors shall not face residentially zoned property.

D. Noise. Plantings or other noise-abatement procedures may be required, as stipulated in § 170-1515C of this chapter.

[Amended 12-5-1994 by Ord. No. 94-6]

E. Supplemental services requiring approval as a special exception. The following activities may be operated in conjunction with the principal use of a service station where authorized as a special exception by the Zoning Hearing Board in accordance with § 170-2108 of this chapter:

[Amended 9-15-2008 by Ord. No. 2008-1]

(1) Leasing or rental of vehicles, trailers or similar equipment.

(2) Car washing.

F. Trash disposal. All used tires and parts, trash and similar objects shall be stored within a solid brick or concrete enclosure in the rear half or, in the case of corner sites, the rear quarter of the site, and shall be secured against dispersal by wind or water from such site.

G. Gasoline deliveries. No delivery tanker shall park on public right-of-way during gasoline delivery, nor shall any hose be permitted on the public right-of-way.

H. Landscaping and buffering. Landscaping and buffering shall be provided in accordance with §§ 170-1507 and 170-1508 of this chapter. Landscaping provided along any street frontage must preserve sight lines for entering and exiting traffic. This does not preclude careful placement of street trees with high foliage or low growing shrubbery (below 30 inches).

I. Curb cuts and corner radius. On corner sites, a twenty-foot curb radius shall be provided, and no point of access shall be located within 100 feet of the street intersection, as measured from center line to center line. At intersections where a primary flow of right-turn traffic is anticipated, a longer curb radius may be required, again with a one-hundred-foot minimum separation between any point of access and the street intersection.

J. Signs. Signs associated with any service station shall be in compliance with the standards of Article XVIII of this chapter, including in particular § 170-1806.

K. Self-service islands. No automobile service station shall contain self-service islands or pumps at which customers dispense gasoline or other flammable liquids unless:

(1) An attendant, trained in the dispensing of such liquids, is on duty and in position to observe the self-service areas and to assist as necessary; and

(2) There is installed at each self-service island an automatic fire-suppression system, the design and installation of which is approved by the Fire Marshal.

§ 170-1603 Accessory uses and structures.

[Amended 3-3-2003 by Ord. No. 2003-2]

Uses considered customarily accessory and incidental to any permitted use under this chapter shall include those generally provided for within the various zoning districts. In addition, the uses listed herein shall specifically be deemed accessory in accordance with the following terms:

A. Accessory dwellings.

[Amended 9-15-2008 by Ord. No. 2008-1; 5-21-2012 by Ord. No. 2012-5]

(1) Specific intent. In allowing opportunities for the creation of accessory dwelling units, it is the specific intent of this subsection to address directly the housing needs of small households to make more efficient use of the Township’s existing building stock and infrastructure.

(2) Standards for accessory dwellings. Where authorized as a special exception under the terms of this chapter, accessory dwellings may be created in accordance with the following standards:

(a) There shall not be more than one accessory dwelling unit created on any single-family residential lot.

(b) The accessory dwelling unit may be located in the principal dwelling or in a structure which is accessory to the principal dwelling and is located on the same single-family residential lot.

(c) One of the two dwelling units shall be occupied by the owner of the lot on which both dwelling units are located.

(d) The accessory dwelling unit shall be occupied only by members of the family of the occupants of the principal dwelling or those providing care or services to the occupants of the principal dwelling unit.

(e) The minimum size of an accessory dwelling shall be 500 square feet of gross habitable area. The accessory dwelling shall comprise not more than 35% of the gross habitable area of the principal dwelling prior to creation of the accessory dwelling. However, in no case shall the accessory dwelling exceed 1,200 square feet, not including any vehicle garage space.

(f) No other alterations to the exterior of the structure shall be permitted unless necessary for health or safety reasons. No exterior changes shall be made which, in the judgment of the Zoning Hearing Board, are not in conformance with the existing single-family character of the neighborhood.

(g) Except where an off-site sewage system is available, the applicant shall submit to the Township a permit for an on-site sewage disposal system issued by the Chester County Health Department, certifying that the sewage disposal facilities are adequate for the projected number of residents. Where the existing on-site system is found to be inadequate, by the Department, to serve the projected demand, no approval shall be given for the accessory dwelling unit until the system is improved to meet Health Department requirements and a permit is issued by the Department.

(h) One off-street parking space shall be required for the accessory dwelling unit in addition to those required for the principal dwelling. The additional parking space shall not be located within any required yard area.

(i) To ensure compliance with this chapter, an architectural plan shall be submitted, accurately drawn to scale, indicating the location and size of the existing and proposed dwelling units, parking areas and any proposed exterior alterations.

(j) All accessory dwelling units in the Township shall be subject to the requirements of §§ 170-2004, 170-2005 and 170-2006 relating to use and occupancy permits.

B. Uses accessory to agriculture.

(1) Greenhouse.

(2) Display and sale of farm products, in accordance with the following:

(a) At least 50% of such products shall have been grown on the property on which they are offered for sale or by the family of the operator.

(b) Parking space for at least three cars shall be provided on the lot. Where building area exceeds 600 square feet, one additional parking space shall be provided for each additional 200 square feet of building area.

(c) Sale of farm products shall be conducted either from a temporary stand, dismantled at the end of the growing season, or from a permanent building, the location of which complies with all Township setback standards for that zoning district. Any temporary structure shall be set back at least 25 feet from the right-of-way line of the road.

(d) The use shall be on a lot or contiguous lot(s) of at least five acres in the R-1 District, provided that the lot requirements for creation of any new lot shall be met. If the lot is not five acres or more, the use may also occur on a lot that generates more than $2,000 of annual agricultural revenue.

(e) The use may also include the sale of custom crafts as supplemental to the farm products.

(f) The applicant shall prove that any driveway location has suitable sight distances at entrances/exits to a public street.

(3) Keeping, breeding, and management of livestock and poultry, in accordance with § 170-1516 of this chapter.

(4) The following accessory uses are permitted for a malt production use as accessory and subordinate to agriculture on the same parcel(s) of land which is permitted for and being utilized for agriculture in the A/C Agricultural/Cluster Residential District, subject to the following standards in this Subsection B(4) herein, which shall control over other provisions set forth in § 170-1603B(2) and § 170-1609I(2):

[Added 9-6-2016 by Ord. No. 2016-5]

(a) Storage, processing and sale of malt and malt products whether or not the grain was grown on site subject to a maximum annual production/processing of 2,000 tons of malt. A report is required to be submitted to the Township on an annual basis confirming production output.

(b) Malt tasting room on premises for the showcase, promotion, and sale of malt and malt products as well as any other farm products grown or produced on premises subject to the following:

[1] Tastings of malt beverages are permitted on the premises only in accordance with the Pennsylvania Liquor Control Board's (PLCB) regulations for beer tastings and subject to full compliance with all PLCB regulations including possessing a valid license.

[2] Seating must be available for at least 10 patrons in accordance with the regulations of the PLCB, not to exceed 50 indoor seats.

[3] Food must be available for patrons if there will be on-premises consumption of malt beverages in accordance with the regulations of the PLCB. To the extent food trucks are used, they shall be located at a predetermined location approved by the Township at the time of building permit.

[4] On-premises consumption may occur only between the hours of 10:00 a.m. and 12:00 midnight, subject to compliance with the Township Noise Ordinance after 10:00 p.m.

[5] Outside seating is permitted for no more than 25 seats.

[6] A permanent designated parking area devoted to servicing customers and/or visitors shall be provided proximate to the building used for the malt tasting room. Any additional new parking areas shall be reviewed by the Township at the time of building permit or land development, if applicable, for appropriate berming and/or screening if determined to impact surrounding residential properties in close proximity to same. The designated parking area shall be provided at a calculation of one space per five seats and shall be improved in accordance with § 170-1703B(l).

(c) Retail area to sell packaged malt, malt products, and malt accessories including, but not limited to, shirts, hats, and glassware provided that the maximum floor area of a building or portion thereof devoted to retail sales shall be 1,000 square feet. Floor area devoted to retail sales shall include any area for customer's access and circulation, for the display of products including floor area devoted to counters, tables, display cases and similar purposes. Floor area not included in the area devoted to retail sales would include the malt tasting room, and the inside floor area for storage and processing of malt where customer access is restricted except for instructional tours related to the malt production process. No display of retail products outside the building or structure shall be permitted.

(d) Applicant shall prove that any new driveway location utilized by patrons has suitable sight distance at the entrances/exits to a public street and shall be subject to PennDOT approval, if applicable.

(e) If applicable, any and all third-party permits are required to be submitted at the time of building permit.

C. Uses and structures accessory to residential use.

[Amended 5-2-2005 by Ord. No. 2005-4; 6-3-2019 by Ord. No. 2019-01; 11-7-2022 by Ord. No. 2022-09]

(1) Private parking space.

(2) Barn, private stable or other shelter for animals (but not including, a kennel), in accordance with the terms of § 170-1516 of this chapter.

(3) Detached accessory structure such as private garage, greenhouse, garden shed, or similar structure. Accessory structures may be located only in side and rear yards. Setback standards for detached accessory structures shall be in accordance with standards set forth in § 170-1502.

(a) Size limits. The footprint of an accessory structure shall not exceed 50% of the footprint of the principal dwelling unit, or 1,000 square feet, whichever is less.

(b) Height limits. Accessory structures may not exceed the height of the principal dwelling or 20 feet, whichever is greater. Height shall be determined based on the definition of "height" per § 170-202.

(c) Permits required. Building permits are required for all accessory structures that are 250 square feet or larger and/or propose the installation of utilities. Zoning permits are required for all accessory structures under 250 square feet. Any wheels attached to a mobile structure must be removed prior to the issuance of any permits.

(4) Private recreational facilities, including above and in-ground swimming pools above 24 inches of water depth (permanent or temporary), spas/hot tubs, tennis courts, basketball courts, and other similar uses.

(5) Home occupation, in accordance with § 170-1605 of this chapter.

(6) Ham radio or television aerials, masts, or antennas; windmills and similar wind energy conversion systems. Such facilities shall comply with the height regulations of the applicable zoning district, except as provided through special exception under the terms of § 170-1504 of this chapter.

(7) Microwave antenna for satellite communication, in accordance with the terms of § 170-1604 of this chapter.

(8) Bed-and-breakfast facility, in accordance with the terms of § 170-1607 of this chapter.

(9) Vehicle repairs, provided that a residential lot in any residential district shall not be used for any of the following activities:

(a) To repair more than one motor vehicle per week that is not registered to a current resident of such lot or a person who is related to a resident of such lot;

(b) Spray painting or structural body- or framework of a motor vehicle outside of an enclosed building; or

(c) Other motor vehicle repairs that are perceptible from another dwelling between the hours of 9:00 p.m. and 7:00 a.m.

(10) Vehicle sales. No more than one motor vehicle or boat may be offered for sale on any lot at any one time unless the use is approved as a motor vehicle or boat sales use.

§ 170-1604 Microwave antennae for satellite communication.

Microwave antennae for satellite communication (hereinafter "microwave antennae") shall be subject to the following regulations:

A. All residential zones. Microwave antennae shall be considered as a permissible accessory use in the A/C, R-1, R-2, and R-3 Districts, subject to the following:

(1) The diameter of the microwave antenna shall not exceed 12 feet.

(2) When separately supported, the total height of the microwave antenna shall not exceed 14 feet.

(3) The microwave antenna may be located only in a side or rear yard and not closer than 20 feet to any property line.

(4) When roof-mounted, the microwave antenna shall be located on a portion of the roof sloping away from the front of the lot, and no part thereof shall project above the ridgeline; provided, however, that in no event shall a roof-mounted microwave antenna exceed three feet in diameter.

(5) Not more than one microwave antenna shall be permitted on any lot. Individual antennae on individual lots shall not be permitted in residential developments utilizing the cluster or flexible development options.

(6) When not roof-mounted, the microwave antenna shall be screened from adjoining lots by the installation and maintenance of a completely planted visual barrier of evergreen material, the height of which (after planting) is at least equal to the height of the microwave antenna.

(7) Before erection of any such microwave antenna, a permit application shall be made to the Township and a permit issued in accordance with § 170-2001 of this chapter.

B. Commercial (C-1) and Multi-Use (M-U) Districts. Microwave antennae shall be considered a permissible accessory use, subject to the following regulations:

(1) The diameter of the microwave antenna shall not exceed 12 feet.

(2) When separately supported, the total height of the microwave antenna shall not exceed 14 feet.

(3) The microwave antenna may be located only in the rear yard and not less than 25 feet from any property line; provided, however, that no microwave antenna shall be permitted within that portion of a rear yard designated or required to be a buffer area by any provision of this chapter.

(4) Screening shall be provided in accordance with § 170-1508 of this chapter.

(5) Roof-mounted microwave antennae shall not be permitted to exceed nine feet in diameter.

(6) Before erection of any such microwave antenna, a permit application shall be made to the Township and a permit issued in accordance with the terms of § 170-2001 of this chapter.

(7) Within the M-U District, individual antennae on individual lots shall not be permitted in integrated townhouse developments.

C. General regulations. In all zoning districts, microwave antennae shall be subject to the following additional general regulations:

(1) No microwave antenna may be erected in any district or any location within a district which is prohibited by regulation of the Federal Communications Commission or other regulatory agency having jurisdiction.

(2) Microwave antennae shall be properly anchored and installed to resist a minimum wind load of 30 pounds per square foot of projected horizontal area. Supports, anchors, and foundations shall take into account overturning moments and forces created by wind loading. The safety factor against overturning or sliding for wind forces on microwave antennae shall be 2.0.

(3) In no event shall the provisions of this section be construed to authorize as a permissible residential accessory use a microwave antenna for satellite communication that is used or intended to be used for the propagation or transmission of radio or electromagnetic waves. It is the intent hereof that such microwave antennae shall be permitted only within the Commercial (C-1) and Multi-Use (M-U) Districts.

§ 170-1605 Home occupations.

[Amended 9-15-1997 by Ord. No. 97-3]

There shall be two categories of home occupations: "minor" and "major." Such uses shall be permitted when in accordance with the following standards:

A. General standards applicable to all home occupation classifications. The following standards shall apply to all home occupations, whether minor or major:

(1) Operation. A home occupation shall be conducted within a dwelling which is the residence of the principal practitioner.

(2) Permit. All applicants shall be required to obtain a permit in accordance with the requirements of § 170-1605C.

(3) Structural appearance. The appearance of the residential structure or accessory structure shall not be altered or the occupation be conducted in such a manner which would cause the premises to differ from its residential character by the use of materials, construction, lighting, show windows, signs, or advertising visible outside the premises to attract customers or clients, other than those signs permitted by this chapter. No interior display of goods shall be visible from the outside.

(4) Vehicles. The storage of commercial vehicles shall comply with § 170-1605A(10) and (11) below.

(5) Storage. There shall be no exterior storage of materials or refuse resulting from the operation of the home occupation.

(6) Hazardous materials. There shall be no storage or use upon the premises of toxic, explosive, polluting, dangerous, or other substances defined as hazardous by the Pennsylvania Department of Environmental Protection.

(7) Nuisance. No equipment or process shall be used in a home occupation which creates noise, vibration, glare, fumes, odors, dust, or electrical interference detectable to normal senses beyond the property line in excess of levels customarily generated by a residential use. Only general types and sizes of machinery that are typically found in dwellings for hobby or domestic purposes shall be permitted. No use shall generate any of the conditions listed above in excess of what is typical in a residential neighborhood.

(8) Burden of proof. The burden of proof shall be upon the applicant to prove that the standards of this section will be met. Based upon the potential nuisances of a proposed major home occupation, the Zoning Hearing Board may determine that a particular type or intensity of use is unsuitable to be a home occupation or that the proposed lot area or setbacks are not sufficient to contain such nuisances.

(9) Truck traffic. The use shall not require the parking or servicing by a vehicle with more than 26,000 pounds gross registered vehicle weight.

(10) Hours. Home occupations shall be conducted in a way that is in conformance with the provisions of § 170-1515, Noise standards, of this chapter. This time limit shall also apply to any loading or unloading of vehicles on the property or on a street that causes noise to adjoining residents.

(11) Advertising. The address of the home occupation shall not be advertised in such a way that would encourage customers or salespersons to come to the property.

B. Determination of classification. The Zoning Officer shall determine whether a proposed home occupation is minor, major, or prohibited. The applicant shall be responsible for supplying such information as deemed necessary by the Zoning Officer to make this determination.

C. Issuance of permits. The following procedure for approval and permitting shall apply:

(1) Upon determination that the proposed use is a minor home occupation and is in conformance with the requirements of this chapter, the Zoning Officer shall issue a zoning permit.

(2) Where the Zoning Officer determines that the proposed use is a major home occupation and does not meet any or all of the criteria specified for a permitted home occupation listed in § 170-1605G, the use shall require review and approval by the Zoning Hearing Board in accordance with the provisions of § 170-2108 and the criteria of this section. The Zoning Hearing Board may attach such reasonable conditions and safeguards, as it deems necessary, to implement the purposes of this chapter. Following approval, the Zoning Officer shall issue a zoning permit.

D. Permit limitations. A home occupation permit shall not be transferable to another property or to another type of home occupation. The permit issued shall only be valid for the use and on the property for which it was originally issued. The permit shall expire five years from the date of its issuance. Both minor and major permits may be renewed by the Zoning Officer if upon review of the renewal application the Zoning Officer determines that there has been no substantial change in the scope of the original permit.

E. Prohibited home occupations. The following uses shall not be permitted as home occupations under any conditions and shall be classified as commercial uses:

(1) Animal hospital or animal shelter.

(2) Kennel, commercial kennel, or commercial stable.

(3) Boardinghome.

(4) Funeral parlor or undertaking establishment.

(5) Restaurant.

(6) Medical or dental clinic (three or more nonresident employees).

(7) Professional offices (three or more nonresident employees) except for a major home occupation which is allowed in accordance with § 170-1605G(4)(f)[1].

[Amended 11-7-2016 by Ord. No. 2016-6]

(8) Gift or antique shop.

(9) Rental business.

(10) Furniture stripping.

(11) Auto or small engine repair.

(12) Painting of vehicles, trailers, or boats.

(13) Private school with organized classes.

(14) Welding shop.

(15) Private club.

(16) Sale of firearms or weapons.

(17) Those home occupations that cannot meet any of the criteria of § 170-1605F for a minor home occupation or § 170-1605G for a major home occupation.

(18) Any occupation that the Zoning Hearing Board deems similarly objectionable in terms of scale and impact.

(19) Other uses of similar character to those listed above.

F. Minor home occupation. Minor home occupations shall meet the definition of "no-impact home-based business," as that term is defined by the Pennsylvania Municipalities Planning Code, 53 P.S. § 10107, as amended, and all of the criteria contained therein, which currently provides:

[Amended 3-3-2003 by Ord. No. 2003-2; 1-5-2015 by Ord. No. 2015-1]

(1) A business or commercial activity administered or conducted as an accessory use which is clearly secondary to the use as a residential dwelling and which involves no customer, client or patient traffic, whether vehicular or pedestrian, pickup, delivery or removal functions to or from the premises, in excess of those normally associated with residential use. The business or commercial activity must satisfy the following requirements:

(a) The business activity shall be compatible with the residential use of the property and surrounding residential uses.

(b) The business shall employ no employees other than family members residing in the dwelling.

(c) There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.

(d) There shall be no outside appearance of a business use, including, but not limited to, parking, signs or lights.

(e) The business activity may not use any equipment or process which creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood.

(f) The business activity may not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use in the neighborhood.

(g) The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.

(h) The business may not involve any illegal activity.

G. Major home occupations.

[Amended 3-3-2003 by Ord. No. 2003-2]

(1) A home occupation that cannot meet one or more of the criteria listed in § 170-1605F supra shall be defined as a major home occupation. Where permitted, major home occupations shall comply with all applicable criteria of this chapter.

(2) Major home occupations which cannot meet all of the following criteria, are not prohibited in § 170-1605E, supra, and substantially comply with the following criteria shall be permitted under the provisions of § 170-2108, Granting of special exceptions. All other home occupations shall be defined, for the purposes of this section, as commercial if they do not meet the criteria of the section or those of § 170-1605F, infra:

(a) The major home occupation shall be conducted only within a single-family dwelling or structures accessory to residential use.

(b) No products or materials used in the major home occupation shall be stored outside.

(c) An area corresponding to not more than 25% or 600 square feet of the gross square footage of the dwelling, including all floors and habitable basement areas, but excluding attic space, shall be devoted or used for the major home occupation. A maximum of one home occupation shall be permitted per dwelling unit.

(d) The Township may require screening of any parking area.

(e) No more than two nonresidents may be employed on-site.

(f) The major home occupation structure shall not be subdivided from the parent parcel.

(g) The major home occupation shall include an absolute minimum of two additional off-street parking spaces above the requirements of Article XVII of this chapter. The applicant shall prove to the satisfaction of the Zoning Hearing Board that the use will include adequate off-street parking and loading spaces. If additional parking is needed beyond what can be accommodated using a residential-style driveway, then the Township may require that such parking be provided in the rear of the home, if practical, and may deny the use if such rear parking cannot be accommodated.

(h) The major home occupation shall not contribute more than 33% additional vehicle trips per day, as defined by the standards outlined in the Institute of Transportation Engineers "Trip Generation-An Informational Report," from the dwelling. The applicant may be required to demonstrate compliance with this standard by conducting a traffic study.

(i) The Township may require periodic reinspection to ensure continued compliance with all applicable conditions.

(j) All major home occupations shall comply with the environmental performance standards in § 170-1506 of this chapter.

(k) No articles shall be sold or offered for sale on-site except those produced on the premises.

(l) Commercial delivery and pickup of goods and supplies is limited to no more than three times per week, exclusive of normal postal and parcel service typically serving a residential area.

(m) There shall be no use of show windows, business displays, or advertising visible from outside the premises. One sign, no larger than two square feet in area and consistent in all other respects with Article XVIII of this chapter, shall be permitted for major home occupation. The Zoning Hearing Board may approve an increase in the sign area to four square feet if the applicant proves such sign would be compatible with the area and would be necessary to be readable by motorists.

(n) Parking of commercial vehicles is in accordance with § 170-1708A of this chapter.

[Amended 4-4-2022 by Ord. No. 2022-02]

(3) The following are permitted major home occupations, provided they meet standards of this chapter:

(a) Photography studio.

(b) Offices of professional sole practitioners, when the proposed floor area comprises more than 25% of the total floor area of the existing dwelling unit or more than 400 square feet, whichever is less.

(c) Family day-care homes. In addition to complying with the standards in Subsection G(1), supra, family day-care homes must also comply with the following standards. Family day-care is a home occupation in which a private residence is used for the care and supervision of between three and five children not related to the caregiver. When in compliance with the provisions outlined below and all other applicable requirements, home day care shall be permitted as a major home occupation. Day care provided for more than five children is considered a commercial day-care center for the purposes of this chapter and is not permitted in residential districts. Care provided to two or fewer children is considered babysitting and is not formally regulated.

[1] The owner must be licensed or approved by the Pennsylvania Department of Public Welfare (DPW) and must demonstrate compliance with all DPW regulations for such homes;

[2] A impenetrable safety fence or natural barrier, with a minimum height of four feet, or other barrier suitable to prevent children from crossing, shall surround any requisite outdoor play area used by children or small animals;

[3] Outside play shall be limited to the hours between 9:00 a.m. and 5:00 p.m.;

[4] A proper circulation pattern must be established so that cars picking up and dropping off individuals shall not impede the flow of traffic off the site;

[5] For home day care intended for children, a minimum outdoor play area of 100 square feet of contiguous play area shall be provided for each child. The outdoor play area shall be located to the side or rear of the property; and

[6] The minimum lot area for this use shall be one acre.

(d) Catering, provided all food is served off-premises;

(e) Tutoring and instructional services may be permitted as a major home occupation provided that no more than two students may be instructed at any one time; or

(f) Dressmaking, sewing, and tailoring.

(4) Major home occupations at the intersection of two arterial streets. If an existing principal building is within a maximum of 300 feet of the intersection of the centerlines of two arterial streets, and has direct access from one or both of the intersecting arterial streets, then the major home occupation requirements shall be modified as follows:

[Amended 5-2-2005 by Ord. No. 2005-4; 11-7-2016 by Ord. No. 2016-6]

(a) The home occupation practitioner is not required to reside on the lot. However, the lot shall still contain a dwelling unit.

(b) The following additional uses may be approved as a major home occupation:

[1] Veterinary office.

[2] Gift or antique shop.

(c) Section 170-1605G(2)(h) shall not apply. As a condition of special exception approval, the applicant shall prove to the satisfaction of the Zoning Hearing Board that the traffic generation, driveway location and site design of the use will not create a significant traffic safety hazard nor generate increased traffic congestion.

(d) Any off-street parking spaces developed after the adoption of this subsection shall be set back a minimum of 30 feet from the existing legal right-of-way of an arterial street.

(e) Signs. Article XVIII shall apply, including but not limited to § 170-804A(2)(a).

(f) If the major home occupation is conducted within a structure listed on the Historic Resources Map, the following additional provision shall apply:

[1] A professional office with no more than six nonresident employees may be permitted as a major home occupation and no more than two-thirds of the gross square footage of the structure shall be used for such home occupation.

§ 170-1606 Institutions.

Institutions, as defined and provided for in this chapter, shall comply with the following standards:

A. A minimum lot area of three acres shall be required for an institution housing up to four resident/clients and any associated supervisory personnel.

B. An additional one acre of lot area shall be required above the three-acre minimum for every two additional resident/clients and associated supervisory personnel, or any portion of such increment.

C. Minimum requirements for off-street parking shall be those applicable to a single-family dwelling. The Zoning Hearing Board may require additional parking for an institution housing more than four resident/clients and associated supervisory personnel, and may employ as a guideline the standard of an additional two off-street parking spaces for each additional four resident/clients and associated supervisory personnel.

D. The applicant shall demonstrate that all necessary approvals and permits from the Pennsylvania Department of Labor and Industry have been obtained or waived, particularly with respect to fire protection, safety measures, construction standards, and design standards to accommodate the handicapped. The Zoning Hearing Board may, in the alternative, authorize approval of the conditional use contingent upon the requisite approvals from the Department of Labor and Industry being obtained.

E. The Zoning Hearing Board, in reaching its decision on any request for approval of an institution, shall consider the proximity of the proposed use to any other similar institution within the Township and/or to similar facilities in adjacent municipalities, and shall not approve any such request where resulting proximity might unduly alter the intended character of the neighborhood through the relative concentration and scale of such uses.

F. In addition to the requirements of § 170-1508 of this chapter, there shall be a fifty-foot buffer strip maintained on the property containing an institutional use when such use abuts any A/C, R-1, R-2, or R-3 District. Such buffer strip shall be in addition to any and all applicable area and bulk regulations, including setback regulations. The buffer strip shall be planted and shall not include any paved area.

§ 170-1607 Bed-and-breakfast facilities.

The following standards shall apply to the operation of any bed-and-breakfast facility permitted by this chapter:

A. A bed-and-breakfast facility shall be permitted only in single-family detached, owner-occupied dwellings, existing as of the effective date of this chapter, with a minimum lot area of two acres. A bed-and-breakfast facility shall be considered an accessory use to such residence.

B. The principal use of the property shall remain that of a single-family residential dwelling.

C. No more than three guest rooms may be offered on any individual residential property. No such room shall contain any cooking facilities.

D. There shall be provided one full bathroom (one toilet, wash basin, bath and/or shower) for each two guest rooms.

E. Length of stay shall be not more than seven consecutive days for any transient guest.

F. There shall be not more than one employee on the premises at any one time who is not a member of the household.

G. Meals shall consist of breakfast only, and only for guests of the establishment. Owners shall comply with all federal, state, and local requirements for the preparation, handling, and serving of food.

H. Any amenities (swimming pool, tennis court, etc.) shall be solely for the use of the resident owner and occupants of the bed-and-breakfast facility.

I. The owner shall maintain a guest register which shall list the names, addresses, and lengths of stay of all guests.

J. Other than the minimum lot area specified in Subsection A above, area and bulk standards shall be those that apply to single-family detached dwellings within the applicable zoning district.

K. In addition to meeting the minimum parking requirements of this chapter for single-family detached dwellings, there shall be at least one off-street parking space for each room designated for bed-and-breakfast use and one space for any employee not a member of the household. When parking spaces required for the bed-and-breakfast facility total three or more, such spaces shall be set back at least 15 feet from any property line and shall be screened from the direct view of any adjacent residential use by means of vegetative material, fence, wall, or a combination thereof.

L. One sign shall be permitted in association with a bed-and-breakfast operation. Any such sign shall comply with the standards for home occupation signs contained in Article XVIII of this chapter.

M. Each bed-and-breakfast facility shall be equipped with smoke detectors and fire extinguishers in accordance with the requirements of the Pennsylvania Department of Labor and Industry and with the stipulations of the Township Fire Code.[1] Guests shall be provided information regarding the floor plan of the dwelling and the location of emergency exits.

[1] Editor's Note: See Ch. 87, Fire Prevention.

N. Except where an off-site sewage system is available, no permit for a bed-and-breakfast facility will be issued by the Zoning Officer unless the applicant furnishes written approval from the Chester County Health Department concerning the adequacy of the on-site sewage system to serve the increased demand resulting from the bed-and-breakfast facility.

§ 170-1608 Conversion of dwellings.

A. Statement of intent. The intent of this section is to provide alternative uses for structurally sound, large, and primarily older single-family detached dwellings that are costly to maintain as a single-family use and contain an excessive amount of living space for today's decreasing family size. This section is also intended to increase the supply of smaller dwelling units and provide for a more efficient use of the existing housing stock, while protecting the character of sound, stable residential neighborhoods and preserving the basic character of dwellings that might otherwise become obsolete.

B. Standards for conversion to other residential use. A single-family detached dwelling, existing on the effective date of this chapter, may be converted into and used as a two-family or multifamily dwelling, when approved as a special exception by the Zoning Hearing Board in accordance with the terms of Article XXI of this chapter and with the following stipulations:

[Amended 5-2-2005 by Ord. No. 2005-4]

(1) The owner of the converted structure must reside on the premises.

(2) Site and architectural plans for the conversion of said dwelling shall be submitted to the Zoning Hearing Board. Where two or more families are to be housed above the ground floor, such plans shall bear the approval of the Pennsylvania Department of Labor and Industry as required by law.

(3) Such plans shall provide adequate and suitable parking spaces for a minimum of two automobiles per proposed dwelling unit. These spaces shall not be located between the front lot line and dwelling.

(4) Such dwelling(s) shall be subject to the height, width, yard, and other applicable regulations effective in the zoning district where the existing single-family dwelling is located.

(5) In no instance shall the lot area for a converted structure be less than three acres.

(6) There shall be no external alteration of the building except as may be necessary for reasons of safety. Fire escapes and outside stairways shall, where practicable, be located to the rear of the building.

(7) A new dwelling unit resulting from conversion shall have a minimum habitable floor area of 500 square feet.

(8) Regardless of the size of the existing structure, the total number of dwelling units following conversion shall not exceed five.

(9) Except where an off-site sewage system is available, the applicant shall submit a permit for an on-site sewage disposal system issued by the Chester County Health Department, certifying that the proposed sewage disposal facilities are adequate for the projected number of residents.

(10) The Zoning Hearing Board may specify the maximum number of dwelling units to be created within any such structure, and may prescribe such further conditions and restrictions with respect to the conversion and use of such dwelling, and to the use of the lot, as the Board may consider appropriate.

§ 170-1609 Agriculture.

[Amended 3-3-2003 by Ord. No. 2003-2]

A. No minimum lot area shall apply to the growing and harvesting of crops, plants or trees or raising of insects (such as honeybees), or aquaculture. A use involving the keeping of animals shall meet the lot area requirements of § 170-1516. The raising of mushrooms shall require a one-hundred-acre minimum lot area. Unless otherwise stated, any other agricultural use shall require a minimum of 10 acres. Manure shall not be kept on-site unless it was generated on-site and is actively awaiting proper disposal or is being actively used on-site.

B. Maximum impervious cover on any agricultural property shall be 10%. Both temporary and permanent structures shall be considered impervious surfaces when computing this percentage.

C. Agricultural buildings (excluding dwellings) shall comply with the following standards:

(1) Minimum lot width at street line: 300 feet.

(2) Minimum setback from all lot lines: 100 feet.

(3) Minimum separation from any residential structures on the same lot: 100 feet.

D. Silos and bulk bins shall be exempted from area and bulk regulations when attached to a building.

E. No barn or enclosed (fenced) barn yard, mushroom house, or manure storage shall be established any closer than 100 feet from any property line. Further, no manure, compost, or material of similar character may be bulk stored within 300 feet of the boundary of any property used and/or zoned for residential purposes.

F. Agricultural runoff.

(1) Runoff from agricultural buildings and other impervious surfaces shall be directed around areas where manure is stored or otherwise concentrated.

(2) The property shall be graded or otherwise managed so that runoff as described in Subsection F(1) above shall be confined to the lot.

(3) The storage and disposal of manure shall be prohibited in areas where continuous or intermittent contact occurs between the material and the groundwater table.

(4) Storage areas for manure shall be a minimum of 100 feet from any water supply source and, whenever feasible, shall be located downhill from it; such storage areas also shall be located a minimum of 100 feet from any lake or stream.

(5) There shall be an eight-foot grass strip between any road cartway and any area that is plowed or tilled; the Board of Supervisors may modify or require additional measures where topography or other conditions so dictate.

G. The number of dwellings on an agricultural property shall not be limited, provided the gross density does not exceed one dwelling per 10 acres. Dwellings shall be separated by a minimum of 100 feet.

H. Any agricultural use shall also comply with the keeping of animal regulations in § 170-1516.

I. As accessory uses to agriculture, the following shall be permitted by right:

(1) The sale or mixing of seeds, feed and fertilizers;

(2) Storage and processing of crops grown on-site, and

(3) The sale of trees or plants grown on-site, including but not limited to Christmas trees.

(4) Use of malt, malt production and malt tasting room as provided for in § 170-1603B(4).

[Added 9-6-2016 by Ord. No. 2016-5]

§ 170-1610 Temporary structures.

A. Temporary dwelling units.

(1) No temporary structure, whether fixed or mobile in nature, shall be established for any dwelling purpose for any length of time unless approved as a special exception by the Zoning Hearing Board. Such approval shall be granted only where the applicant demonstrates that a permanent use, in compliance with the applicable terms of this chapter, is being pursued with due diligence and that the temporary dwelling will be utilized for the minimum practical time period and removed immediately upon the expiration of that period. The maximum allowable time period for keeping a temporary dwelling unit on the property shall be six months, unless the Zoning Hearing Board shall, upon further request of the applicant, grant one extension of that period for a maximum of an additional six months.

(2) A use permit and an occupancy permit shall be required prior to the utilization of any such temporary dwelling unit, and shall be issued only in accordance with the above stipulations. The temporary dwelling unit shall further comply with all applicable area and bulk standards for the zoning district in which it is to be situated.

B. Sales and construction trailers.

(1) Temporary structures, located on a tract undergoing development, that are utilized for construction management purposes may, while serving that function, remain on the tract only during active development of the property. Removal shall occur immediately upon completion of the development process, as determined by the Township Engineer.

(2) Sales trailers may be located on such a tract only during active development of the property, but shall be removed no later than one month following the sale of the last unit.

(3) A use permit and an occupancy permit shall be required prior to the utilization of any such temporary structure, and shall be issued only in accordance with the above stipulations. The temporary structure shall further comply with all applicable area and bulk standards for the zoning district in which it is to be situated.

C. Tents. This provision shall only regulate tents covering more than 200 square feet of ground area. A tent may be used for a maximum of seven days in a calendar year for wedding or similar customarily accessory noncommercial uses and provided a ten-foot setback is maintained. A tent may also be used for routine and customary accessory uses for an existing principal commercial use, provided that sight distance and parking requirements are met, and provided such tent shall be used a maximum of 30 days in a calendar year. A permit shall be required.

[Added 3-3-2003 by Ord. No. 2003-2]

D. Temporary uses by conditional use. For temporary structures or uses that are not specifically permitted by right by this chapter, conditional use approval by the Board of Supervisors shall be required subject to the following additional provisions.

[Added 3-3-2003 by Ord. No. 2003-2]

(1) Existing uses. This § 170-1610D shall not require approval of temporary uses that were lawfully occurring on a periodic basis prior to the adoption of this section.

(2) Duration. The Board of Supervisors shall establish a reasonable limit on the duration, frequency and hours of operation of the use that is consistent with a truly temporary use that is not more intensive than the customary practice for such temporary use. In the case of a special event, the Board of Supervisors should not approve the use operating for more than six days in any sixty-day period. The Board of Supervisors may grant a single approval once for numerous occurrences of an event. Except for reoccurring special events, a temporary use should not be approved to continue for more than one year.

(3) Statement from owner. The applicant shall present a statement from the owner of record of the land accepting responsibility to ensure that the use or structure is removed once the permit expires.

(4) Removal. Such structure or use shall be removed completely upon expiration of the permit without cost to the Township. If the structure or use is not removed in a timely fashion after proper notification, the Township may remove the use or structure at the cost of the person who owns the land upon which the structure or use is located.

(5) Conditions. The temporary use or structure shall be compatible with adjacent uses and clearly be of a temporary nature.

(6) Fee. The Board of Supervisors may waive and/or return the required application fee if the applicant is an Internal-Revenue-Service-recognized and well-established nonprofit organization, and the applicant clearly shows that the proposed use is temporary and will be used to clearly primarily serve a charitable or public service purpose.

(7) Nonprofit. Only a well-established and Internal-Revenue-Service-recognized nonprofit organization proposing a temporary use to clearly primarily serve a charitable or public service purpose shall be eligible to receive approval for a temporary commercial use in a district where that use is not permitted.

(8) Special events. For a special event that will attract significant numbers of the public, the Board of Supervisors may deny the use if it determines that the following will not be generally appropriate: sanitary and water service, traffic control, off-street parking and protection of the public health and safety.

§ 170-1611 Swimming pools.

[Amended 5-2-2005 by Ord. No. 2005-4; 11-7-2022 by Ord. No. 2022-09]

A. Permanent or temporary in-ground and aboveground swimming pools with a water depth of 24 inches or more shall be permitted as an accessory use only in the rear yard or side yard.

B. Pools shall be located at least 25 feet from any lot line, measured from the edge of the water.

C. Pools shall be enclosed with a continuous pool-code compliant barrier. Permanent structures, such as the exterior wall of a building, may be considered a part of the enclosure.

(1) The provisions regulating fencing shall not apply to pools having sides extending four feet above grade, provided that the stairs, or other means of access to the pool, are removed or locked in such a position as to make it readily inaccessible when not in use.

D. Equipment accessory to the operation and maintenance of a swimming pool and any structure housing such equipment shall be located at least 15 feet from any lot line. Where such equipment is not housed in a structure, it shall be screened from view from any public right-of-way and neighboring properties.

E. Hot tubs, swim spas, and jacuzzi-type tubs or baths shall not be considered swimming pools, provided they have a lockable cover, and shall be permitted in side or rear yards in accordance with the setback requirements of § 170-1502C(1) and (2).

§ 170-1612 Utility uses. [1]

[Added 7-17-2017 by Ord. No. 2017-2]

A. Surface land uses affiliated with transmission pipelines.

(1) Purpose. The purpose of this section shall be to:

(a) Accommodate the need for surface land uses affiliated with transmission pipelines consistent with the intent and necessity to protect the health, safety and welfare of the citizens of the Township.

(b) Minimize aesthetic, nuisance and visual impacts of surface land uses affiliated with transmission pipelines through proper design, siting and vegetative screening.

(c) Ensure the location of surface land uses affiliated with transmission pipelines in compliance with applicable government and industry standards, including standards administered by the Federal Energy Regulatory Commission (FERC), the Pennsylvania Oil and Gas Act (as amended), and Pennsylvania case law.

(d) Preserve the rural or suburban character of neighborhoods adjacent to surface land uses affiliated with transmission pipelines.

(2) Use provisions.

(a) Surface land uses affiliated with transmission pipelines shall be permitted as a principal use by right in Article X, M-U Multi-Use District, where underground pipelines are proposed. Such uses shall meet the dimensional requirements, of Article X, M-U Multi-Use District, excluding setbacks as outlined under § 170-1612A(3)(a). Applicants are required to demonstrate to the satisfaction of the Township that the requirements of Subsection A(3), Standards for surface land uses affiliated with transmission pipelines, can be met.

(b) Except as otherwise designated in Subsection A(3) below, surface land uses affiliated with transmission pipelines shall be permitted as a principal use in all other zoning districts where underground pipelines exist as of the date of adoption of this section on properties owned by Westtown Township when authorized as a conditional use pursuant to Subsection A(3), Standards for surface land uses affiliated with transmission pipelines, and Article XX, § 170-2009, Conditional uses. In addition, such uses shall meet the dimensional requirements, including but not limited to area and bulk standards, of the underlying district, excluding setbacks as outlined under § 170-1612A(3)(a).

(c) Surface land uses affiliated with transmission pipelines shall be prohibited on a lot containing an historic resource.

(d) All other uses ancillary to surface land uses affiliated with transmission pipelines are prohibited unless otherwise permitted in the zoning district in which the use is located.

(3) Standards for surface land uses affiliated with transmission pipelines. The following standards will be considered by the Township prior to permitting surface land uses affiliated with transmission pipelines:

(a) Setbacks.

[1] Unless otherwise approved by the Board of Supervisors upon recommendation of the Township Planning Commission, surface land uses affiliated with transmission pipelines and all supporting equipment and structures shall be set back a minimum of 750 feet from residential buildings and all commercial, industrial and institutional uses or a minimum of 500 feet from the nearest lot line, whichever is greater.

[2] Setbacks may be increased by the Board of Supervisors pursuant to the type of material being managed at the surface land use affiliated with transmission pipelines and whether the use is adjacent to areas of high on-site population. The Township shall, on a case-by-case basis, determine whether increased setbacks are warranted consistent with the potential impact radius (PIR), defined by the relationship between the diameter of the adjacent pipeline (and appurtenances) and its maximum operating pressure (see Exhibit 1), [2]whether high on-site populations are located in close proximity, and whether more than one transmission pipeline (such as coupled lines) will be managed at the surface land use affiliated thereto.

[a] The PIR approach is applicable only to surface land uses affiliated with "gas" or "petroleum gas" transmission pipelines as defined by 49 CFR 192.3. Surface land uses affiliated with transmission pipelines carrying "hazardous liquids," as defined by 49 CFR 195.2, shall adhere to the setback standards contained in this subsection.

[2] Editor's Note; Said exhibit is on file in the Township offices.

(b) Landscaping. The applicant shall provide a plan prepared by a landscape architect licensed in Pennsylvania showing landscaping proposed to be installed to screen and buffer surface land uses affiliated with transmission pipelines. The landscape plan shall incorporate the use of an eight-foot decorative fence surrounded by a mix of native vegetation, including evergreens, shrubbery and trees, which shall not be less than the height of the fence and shall be of sufficient density to screen the facility. Existing vegetation in proximity to surface land uses affiliated with transmission pipelines shall be preserved to the greatest extent possible. All proposed landscaping shall comply with the requirements of § 149-925 of Chapter 149, Subdivision of Land. Applicants shall submit a visual survey from mutually agreed upon vantage points in order to support the proposed landscaping plan's mitigation of visual impacts.

(c) Noise. All noise impacts are subject to the standards set forth under § 170-1515 and sound produced by the surface land use affiliated with transmission pipelines shall not result in noise or vibration clearly exceeding the average intensity of noise or vibration occurring from other causes at the property line; in no case shall the sound pressure level exceed 60 dB(A) [according to the American National Standards Institute (ANSI) "a" weighted scale] at the property line closest to the land use.

(d) Odors. Odor, vapors or particulate matter produced by the surface land use affiliated with transmission pipelines shall not exceed the average emission of such substances occurring from other causes at the property line. Specific contaminants shall be regulated by Pa. Code Title 25, Environmental Protection, Part 1, Subpart C, Article III, Air Resources.

(e) Signage. All signs, other than utility identification signs, appropriate warning signs, or owner identification signs, shall be prohibited. There shall be no antennas, advertising, or other items or material affixed to or otherwise placed on surface land uses affiliated with transmission pipelines, except as permitted by the Township.

(f) Parking. If the surface land use affiliated with transmission pipelines is fully automated, adequate parking shall be required for maintenance workers. If the site is not automated, the number of parking spaces shall be equal to the number of people on the largest shift. Parking spaces shall be located within the decorative fence and landscape buffer area so they are substantially concealed when viewed from surrounding properties.

(g) Lighting. No surface land use affiliated with pipeline utilities shall be artificially lighted except as required for emergency night time access. Any such lights shall be shielded so as to prevent intrusion upon nearby properties.

(h) Engineered drawing submission. Applications for a land use affiliated with pipeline utilities shall be accompanied by engineering drawings prepared by an engineer licensed in Pennsylvania. The applicant shall show that all applicable Commonwealth of Pennsylvania and United States standards for the construction, operation, and maintenance of the proposed facility have been met.

(i) Design. The applicant proposing a surface land use affiliated with transmission pipelines must demonstrate that the structure has been designed to blend in with or mimic existing structures in the landscape such as residential outbuildings, farm structures, or other uses permitted in the underlying districts.

(j) Visual impact. Any surface land use affiliated with transmission pipelines shall be designed and constructed so as to mitigate the visual impact from public roads and nearby uses. In addition, the color and other visual features of the land use affiliated with pipeline utilities shall be designed and installed in such a manner so as to create the least visual impact practicable. The applicant shall demonstrate compliance with this section, by among other things, providing photographic perspectives of the proposed site from all sides of the property, adjacent road ways and neighboring properties (with permission of the owners).

(k) Emergency response. The applicant for a surface land use affiliated with transmission pipelines is required to provide the Township with an emergency liaison that may be reached 24 hours a day, seven days a week, in the event of an emergency. In addition, the applicant shall also prepare and file with the Township an emergency response plan which shall be followed in the event of an emergency at the facility.

(l) Need. The applicant for a surface land use affiliated with transmission pipelines is required to demonstrate, using scientific and technological evidence, that the facility must be located where it is proposed in order to satisfy its function in the company's pipeline system and demonstrate that there is a need for this facility at the location where it will be located.

(m) State and federal regulation. All applicants, whether commercial pipeline companies or otherwise, must demonstrate the submission of sufficient filings and/or receive sufficient approvals, as required, through the FERC, the Pipeline and Hazardous Materials Safety Administration (PHMSA), and the Commonwealth of Pennsylvania [the Pennsylvania Department of Environmental Protection (PADEP) and/or the Pennsylvania Public Utilities Commission (PA PUC)]. Such documentation is not required as part of the initial application to the Township, but must be included with the final as-built plans submitted upon approval by the Township.

(n) Removal of surface land uses affiliated with transmission pipelines. Any surface land uses affiliated with transmission pipelines that are no longer licensed and active shall be removed and the site restored to its original condition at the owner's expense within 60 days of the last date that the facility was licensed by the PADEP and FERC. A bond or escrow account shall be posted with the Township in an amount sufficient to ensure such removal and site restoration prior to the construction of the facility. The applicant shall have prepared and submit to the Township, to accompany the bond or escrow account, an estimate of the cost necessary to remove the surface land use facility associated with the pipeline and restore the site to its preconstruction condition.

[1] Editor's Note: Former § 170-1612, Standards for residential cluster development, as amended, was repealed 3-3-2003 by Ord. No. 2003-2.

§ 170-1613 Standards for residential care facilities for senior citizens.

[Amended 10-20-1997 by Ord. No. 97-4]

Recognizing the growing need for life-care facilities for the aged, which includes the need for quality housing, fellowship, health and assisted care centers, open space, and recreation areas, regulations are promulgated to permit the development of residential care facilities for senior citizens, subject to the following:

A. A building or group of buildings may be used or occupied for any of the following purposes, and no other:

(1) Residential care facilities for senior citizens providing permanent residential accommodations including independent living units, defined as those having full living accommodations including full kitchens, whether or not any meals are provided on a communal basis.

(a) A residential care facility for senior citizens is a facility operated by a legal entity holding a certificate of compliance document issued by the Pennsylvania Department of Welfare ("license"), permitting the operation of a personal care home (PCH) at the location of the facility, according to appropriate Pennsylvania Department of Welfare program licensure or approval regulations. The facility shall be used to provide dwelling units, food and personal assistance or supervision to adults of advanced age or otherwise who do not require services in or the services of a Pennsylvania Department of Health licensed long-term care facility, but who because of their advanced age or other condition require assistance or supervision in matters such as dressing, bathing, diet, financial management, evacuation of a residence in the event of an emergency, or taking medication prescribed for self-administration.

(b) Residential care facilities for senior citizens may include service facilities for senior citizens, including community facilities, congregate dining facilities, personal care services, and health care services, including temporary infirmary beds and care for not more than 10% of the maximum bed population of the resident-clients of the residential care facility, or 10 beds, whichever is lesser. These services shall be for the exclusive use of the residents of the associated facility and reasonably integrated into the residential care facility.

B. Prerequisites for residential care facilities for senior citizens development.

(1) The following conditions must be satisfied before an application for a residential care facility for senior citizens can be considered.

(a) Any tract of land to be so developed shall be in one ownership or in the case of multiple ownership of the tract, evidence shall be presented of a written agreement between the parties involved, and said agreement shall provide in terms satisfactory to the Board of Supervisors, that the development will be in accordance with a single plan with common authority and common responsibility.

(b) The tract must have available sewer and water facilities satisfactory to the Board of Supervisors. In this regard, centralized public sewer and public water will be deemed to be satisfactory to the Board.

(2) Density: No more than 25 beds per acre of lot area shall be provided.

(3) Independent living unit density: Limited to two beds per independent living unit.

(4) Minimum tract area: two acres, as defined by § 170-1519A of this chapter.

(5) Minimum setback: As stipulated in § 170-802D(2)(b) above.

(6) Maximum floor area ratio: .40.

(7) Maximum impervious coverage: 60%.

(8) Standards for lot width, distance between buildings, building length, and building height: As stipulated in § 170-802B.

(9) Building construction and placement: The following building placement restrictions shall apply:

(a) When a portion of the perimeter of the tract abuts a nonresidential use or district, all structures shall be a minimum of 50 feet from that portion of the perimeter.

(b) When a portion of the perimeter of the tract abuts any residential use or district, all structures shall be a minimum of 75 feet from that boundary.

(c) The buildings, streets, driveways, and related structures shall be laid out and constructed with the intent of encouraging an attractive facility on a large site with the buildings sited as compactly as is reasonably feasible and in a manner intended to duplicate the appearance and feel of a small, integrated community or village. The physical design of the personal care facility and the appurtenant improvements shall provide for adequate control of vehicular traffic, make adequate provisions for public water, public sewer, erosion and sedimentation control, stormwater management, fire protection and other public services and further the amenities of light, air, and visual enjoyment.

(d) The buildings comprising the personal care facility shall be architecturally designed and constructed so as to integrate to the extent that is reasonably practical with the existing development and existing land use adjacent to the site. If practical, the buildings shall be oriented with a gable end facing a street frontage and shall appear to be residential in nature. No building shall exceed three stories or 35 feet in height.

(e) There shall be at least two separate means of access to the personal care facility, each of which is of a sufficient size to provide uninhibited ingress and egress to emergency vehicles and which complies with § 149-909A of Chapter 149, Subdivision and Land Development.

(f) There shall be provided areas for loading and unloading of delivery trucks and other vehicles and for servicing permitted establishments with refuse collection, fuel and other service vehicles, which areas shall be located at the side or rear of the buildings, shall be adequate in size, shall be so arranged that they may be used without blockage or interference with the use of the accessways or parking facilities, shall be located as far as possible from the residential areas of the personal care facility, and shall be constructed so as to be as unobtrusive as possible and screened from abutting properties through landscaping berming, fencing, or other appropriate measures.

(10) All parking and service areas shall be located a minimum of 30 feet from a street right-of-way or other property line, and subject to the standards prescribed in Article XVII of this chapter. Notwithstanding those requirements, no service area may abut a residential use or district unless completely enclosed by solid fencing, walls, buildings, or a combination thereof, the purpose of which is to buffer noise.

(11) Minimum requirements for off-street parking shall be specified in § 170-1705A(6) of this chapter. In addition, one additional parking space shall be required for each employee, who works on the shift with the highest number of employees.

[Amended 2-8-2001 by Ord. No. 2001-3]

(12) Off-street parking for residents, employees, and visitors shall be placed in the rear or on the side of the facility, and shall be made as unobtrusive as possible through the use of berming and landscaping that complies with §§ 170-1508 and § 170-1507 of this chapter. Parking in the front yard shall be limited to spaces to be used for visitors, resident pickup and dropoff, and shall not exceed 25 spaces.

(13) The greatest dimension in length or depth of a building shall not exceed 250 feet, and no building connectors shall exceed 80 feet in length.

(14) In no case shall the width of a building or the aggregate widths of buildings fronting on a street exceed 50% of the property on that street. The computation of the width of such buildings shall include all buildings and parts thereof, which are intersected by a line projecting from the street line at a ninety-degree angle.

(15) The residential care facility for senior citizens shall be designed to include individual unit and central control of security, fire and life safety systems.

(16) The applicant shall demonstrate that all necessary approvals and permits from the Pennsylvania Department of Labor and Industry have been obtained or waived, particularly with respect to fire protection, safety measures, construction standards, and design standards to accommodate the handicapped. The Board of Supervisors may authorize approval of the conditional use contingent upon the requisite approvals being obtained.

(17) The Board of Supervisors shall consider the proximity of the proposed use to any other similar institution within the Township and/or to similar facilities in adjacent municipalities and shall not approve any such request where resulting proximity might unduly alter the intended character of the neighborhood through the relative concentration and scale of such uses.

C. Design standards.

(1) Screening: As required by § 170-1508 of this chapter.

(2) Storage: As required by § 170-1509.

(3) Landscaping: As required by § 170-1507.

(4) Access and traffic control: As required by § 170-1510.

(5) Interior circulation: As required by § 170-1513.

(6) Lighting: As required by § 170-1514.

(7) Signs: As required by Article XVIII.

(8) All utility services are to be installed underground.

§ 170-1614 Bus shelters.

[Amended 7-6-1998 by Ord. No. 98-1]

To provide refuge for public transit riders from adverse weather conditions, a bus shelter shall be permitted, provided that all of the following requirements are satisfied:

A. Such bus shelters shall only be permitted if the entity installing the bus shelter has a written agreement with the Board of Supervisors. Such written agreement shall specify at a minimum that:

(1) The Board of Supervisors shall have the right to preapprove the location(s) of the bus shelter(s); and

(2) An acceptable process is established in advance to address liability issues, lighting, removal and maintenance responsibilities.

B. A bus shelter regulated by this section shall only be permitted abutting the Township POC, C-1, C-2 and R-3 Zoning Districts.

[Amended 6-20-2011 by Ord. No. 2011-4]

C. A bus shelter shall not be located directly abutting the lot line of an existing single-family detached dwelling. The bus shelter shall be located to avoid interference with sight distances as specified in Township ordinances or any applicable standards of the Pennsylvania Department of Transportation, whichever is more restrictive. Bus shelters shall be permitted in the street right-of-way.

D. Such shelters shall be durably constructed. For security and safety purposes, the majority of the bus shelter shall be constructed of clear lexan, plexiglass, or clear tempered safety glass. In addition, the roof may be constructed of translucent plexiglass or another suitable material. The view into a bus shelter may only be obstructed from one of the bus shelter panels, or sides. Bus shelters shall not exceed 45 square feet and nine feet in height.

E. All lighting of the shelter and the signs shall be installed in such a way that the source of the light is shielded from direct view of abutting properties and from traffic along the street(s), and so that noxious glare is not created. Illumination shall not exceed 0.5 footcandles, a minimum CRI (Color Rendering Index) of 65, and shall be shielded so as to minimize the off-site impact of the illumination.

F. The only signs that shall be permitted shall be those that conform to those in this section and permitted by any written agreement, in addition to maps and schedules providing information regarding the public transit service. Off-premises outdoor advertising signage in a bus shelter, except for route map and schedule information, shall be limited to one double-faced panel, or side, of the bus shelter. Such advertising and signage shall conform to § 170-1806D and E of this chapter.

[Amended 6-20-2011 by Ord. No. 2011-4]

§ 170-1615 Adult community development (or "adult community").

[Added 5-3-1999 by Ord. No. 99-2]

A. Purposes. This section is intended to serve the following objectives, in addition to the overall objectives of this chapter:

(1) To recognize that developments housing older persons typically generate lower average rates of vehicle traffic, water usage and wastewater usage than other types of residential development, and less impacts upon the public school system, and a lower average number of residents per dwelling unit, and therefore, that a higher density is justified for this type of development than other types of residential development;

(2) To provide for residential developments that meet the growing needs of older persons, including the need for quality housing, fellowship, oversight, open space and recreation facilities;

(3) To encourage innovations in residential development so that growing demand for housing may be met by greater variety in type, design and layout of dwellings, and by conservation of open space within such a development in a manner that serves important public purposes;

(4) To encourage flexibility in site planning which will respect and conserve natural resources, such as streams, ponds, floodplains, groundwater, wooded areas, steeply sloped areas, and areas of significant beauty or importance to the natural ecosystem; to seek to incorporate key scenic views into site designs;

(5) To encourage more efficient use of land and public services;

(6) To provide for patterns of development around the perimeter of a tract that are compatible with neighboring development and the Township's planned trails and greenway system, while allowing greater flexibility within the interior of the tract;

(7) To recognize that the impacts of higher density developments can be offset by substantial public improvements by a developer, the preservation of important open spaces, and careful site design; and

(8) To maintain the scenic and natural character of Westtown Township as viewed from major roads, scenic roads and trails.

B. Applicability.

[Amended 3-3-2003 by Ord. No. 2003-2]

(1) An adult community development shall only be permitted as follows:

(a) It shall be a conditional use;

(b) It shall only be permitted in the A/C District; and

(c) It shall only be permitted on a tract of land encompassing a minimum of 75 contiguous acres in single ownership, or single equitable ownership, at the time of the application. For the purposes of this subsection, "contiguous" may include land that is directly abutting or separated by a waterway, street right-of-way or railroad easement or right-of-way.

(d) It shall only be permitted where located not less than 2,000 feet at any point from any other adult community development or any continuing care retirement community.

[Added 9-15-2008 by Ord. No. 2008-1]

(2) An adult community development shall meet all requirements of the A/C District and all requirements of this Zoning Chapter, except for those provisions that are specifically modified by this § 170-1615. Requirements that apply to the adult community development shall include, but not be limited to, the following articles of this Zoning Chapter: Articles I, II, III, IV, V (except § 170-502), XV, XVI, XVII, XVIII, XIX, XX, XXI, XXII, XXIII, and XXV.

(3) Residents of an adult community development shall be limited by deed, and by lease where applicable, to households including at least one permanent resident age 55 years or older, and shall prohibit occupancy by any person age 18 or younger, except as follows:

(a) Individual units may occasionally house persons younger than age 18, such as grandchildren, provided that they reside within the unit for less than 120 days in any calendar year.

(b) This § 170-615B shall not require members of a household to move out of a dwelling unit if they qualified for residency at the time of their initial occupancy and no longer meet the requirements for residency because a resident age 55 or older died, divorced, was placed in a nursing home or experienced a similar circumstance.

(4) The applicant shall prove to the satisfaction of the Board of Supervisors that an appropriate entity, such as a homeowners' association, will have appropriate authority through deed restrictions or similar mechanisms to ensure compliance with the age limitations.

(5) The applicant shall demonstrate to the satisfaction of the Board of Supervisors that the proposed development plans are consistent with the purpose statements set forth in § 170-1615A and adequately respect and incorporate the important resources of the site as set forth in § 170-1615F, Site analysis.

C. Density and dimensional requirements.

(1) Overall density. The density of an adult community development shall be calculated as follows:

(a) The applicant shall provide a survey stating the total amount of land included within the development tract. At the time of the conditional use application, land within the development tract shall be contiguous, and shall only be separated from other portions of a tract by a waterway, railroad, former railroad right-of-way or easement, or street right-of-way. The site survey shall state the total gross tract area and the net tract area as provided in § 170-1519A.

(b) The density calculation provisions of § 170-1519A and B(2), as amended, shall apply to an adult community development.

(2) Housing types and dimensional requirements.

(a) An adult community shall only include the following uses:

[1] Single-family detached dwellings;

[2] Side-by-side twin dwellings;

[3] Multifamily dwellings, except that no building containing more than five dwelling units shall be located less than 200 feet from any existing public road or highway bordering the adult community development and not less than 100 feet from the boundary of any adjacent lot or tract whereupon any single-family detached dwelling exists.

[Amended 5-2-2005 by Ord. No. 2005-4]

[4] Community center facility, swimming club and/or customarily accessory noncommercial recreation areas and facilities primarily serving residents of the development and their occasional invited guests;

[5] Structures and uses owned and/or operated by Westtown Township or an authority created by Westtown Township;

[6] Minor home occupations in accordance with § 170-1605; and

[7] Only the following customary accessory uses: hot tubs, decks, satellite dish antennae less than three feet in diameter, and patios. Household storage sheds and household swimming pools shall be prohibited.

(b) A maximum of five townhouse dwelling units shall be connected in any manner in any row.

(c) Each single-family detached dwelling lot shall include a minimum lot area of 6,000 square feet and have a minimum lot width of 55 feet. Each single-family detached dwelling shall have a minimum side yard width of five feet on one side, provided that the total width of the two side yards shall be an aggregate total width of 15 feet. Side-entry garages are specifically encouraged. Each single-family detached dwelling shall have a minimum rear yard of 20 feet. See accessory setback provisions in Subsection C(2)(i) below. The creation of individual fee simple lots are not required for single-family detached dwellings if the applicant proves there will be an appropriate system for condominium ownership. In such case, the physical layout shall be shown as if the dimensional requirements applied to separate lots for each dwelling unit. However, the actual establishment of the individual lot lines shall not be required.

[1] The creation of individual fee simple lots are not required for single-family detached dwellings if the applicant proves there will be an appropriate system for condominium ownership. In such case, the physical layout shall be shown as if the dimensional requirements applied to separate lots for each dwelling unit. However, the actual establishment of the individual lot lines shall not be required.

(d) Each twin dwelling unit, four-family dwelling unit, and townhouse dwelling unit shall have a minimum enclosed building width of 20 feet, except such minimum width shall be increased to 28 feet if one or more vehicle garages face onto the front of the dwelling unit or if a driveway for one or more vehicles is placed within 20 feet of the front of the dwelling unit.

[Amended 5-2-2005 by Ord. No. 2005-4]

[1] Each twin dwelling unit, four-family dwelling unit, and townhouse dwelling unit shall have a minimum usable outdoor green space, patio and/or deck, contiguous to the dwelling, totaling 500 square feet available for the exclusive use of its residents. Such square footage shall have a slope and drainage that is suitable for outdoor activities.

[2] Each building containing twin dwelling units, four-family dwelling units, or townhouse dwelling units shall be separated from any other principal building by a minimum of 20 feet along the side and 40 feet along the rear.

(e) Each building shall have a minimum front yard of 25 feet, unless a larger depth is required by another provision of this chapter. A maximum of 10 feet of such setback may be intruded upon by an unenclosed porch. In no other case shall any building be located within 25 feet of any street right-of-way, or from the cartway of a private street that does not have a right-of-way. If the minimum setback for a structure from an exterior lot line of an adult community development is not regulated by another section of this chapter, then such minimum setback shall be 30 feet.

(f) The following minimum setbacks shall apply from the future street right-of-way line of a public street and from any perimeter lot line (other than a railroad or former railroad easement/right-of-way):

[1] Residential buildings and off-street vehicle parking areas: 20 feet plus the specified buffer.

[2] Community center, maintenance building and/or nonmunicipal recreation building: 250 feet, unless otherwise waived by the Board of Supervisors when the applicant proposes use of existing structures or the renovation and reuse of identified historic resources of Westtown Township.

[3] Entry guard station: 50 feet.

(g) The total area occupied by a driveway and vehicle parking area shall not exceed a maximum total of 60% of the front yard of each dwelling.

(h) Maximum building height.

[Amended 5-2-2005 by Ord. No. 2005-4]

[1] Except for residential buildings containing apartment dwellings, no building shall exceed two stories or 38 feet, whichever is more restrictive. The floor area of any second story shall not exceed 70% of the total area of the first floor footprint, including the garage;

[2] Residential buildings containing apartment dwellings shall not exceed four stories or 50 feet, whichever is more restrictive. A level used for vehicle parking that is in a basement level shall not be counted towards the maximum number of stories. Extensions of roof lines above 50 feet shall be permitted to accommodate architectural roof pitches. However, the horizontal area that extends above 50 feet shall not be greater than 15% of the horizontal area covered by the building on the ground level.

(i) Accessory structures and uses shall meet minimum side and rear yard setbacks, except as provided in the following instances, provided Subsection C(2)(f) above is met:

[1] Attached decks, hot tubs, fencing and similar structures may extend into a rear setback, provided that a ten-foot minimum rear yard is not occupied by any structure.

[2] Uncovered landings (including but not limited to patios) may be placed a minimum of 10 feet from a rear lot line. However, no setback shall apply for porches, patios or similar structures, whether covered or uncovered, from a lot line along which dwelling units are attached.

(j) Parking.

[1] See § 170-1705A.

[2] Off-street parking spaces are not required to be on the same lot as the dwelling unit that they serve, provided that they are located within 250 feet of such dwelling unit and provided that there is a legally binding system to ensure the continued availability of and adequate maintenance of such parking. For example, parking spaces may be located in a landscaped parking court or within a common architecturally compatible carport.

[3] Any common carport or parking court shall be separated from any dwelling by a minimum landscaped area at least 20 feet in width.

[4] Off-street parking spaces serving dwellings may be accessed by alleys, provided that the following requirements are met:

[a] An alley shall have a minimum paved width of 12 feet for one-way traffic and 16 feet for two-way traffic;

[b] Each lot shall also abut a paved street;

[c] There shall be a legally binding system to ensure the continued use of and nonpublic maintenance of the alley; and

[d] Each alley shall have two points of access to a street.

[5] The minimum parking requirements for a recreation/community building shall be four off-street parking spaces for every 1,000 square feet of interior floor area.

(k) Building coverage. The maximum building coverage for each single-family detached dwelling lot shall be 50%.

(l) Maximum floor area. To discourage the use of dwelling units for nonsenior households over the long-term, the maximum floor area of each dwelling unit shall be 3,200 square feet. This maximum floor area shall not apply to a basement, garages, and a single-family detached dwelling on an individual lot which has an area greater than 12,000 square feet.

(m) Apartment dwellings and buildings containing apartment dwellings shall comply with the provisions of § 170-802B to the extent not inconsistent with any provisions set forth in this section. Apartment dwellings shall be included within the maximum number of dwelling units permitted within an adult community development as provided herein.

[Added 5-2-2005 by Ord. No. 2005-4]

(3) Utilities. Each dwelling unit and any community center within an adult community development shall be served by public sanitary sewage service and public water service.

(4) Recreational vehicles.

(a) Any area used for the outdoor storage of two or more recreational vehicles or boats shall be separated by substantial primarily evergreen landscaping from view of public streets and existing dwellings outside of the adult community development. Any such storage area shall be setback a minimum of 100 feet from all property lines, other than a railroad right-of-way/easement.

(b) No recreational vehicle or boat longer than 19 feet in length shall be stored for more than five consecutive days outdoors on any individual residential lot nor adjacent to any individual dwelling.

(5) Perimeter landscaping and buffer. Substantial landscaping shall be provided around the outer perimeter of an adult community development. Such landscaping shall include a buffer area with a minimum depth of 80 feet. Such buffer area shall be in addition to the required minimum yards for individual buildings. No walls shall be permitted within the buffer, except as permitted as a backing to a permitted sign. Where the buffer area is required along a public street, it shall be measured from the future street right-of-way.

(a) The buffer area plantings shall be shown on an overall landscaping plan. Such plan shall be prepared and sealed by a registered landscape architect and shall meet the requirements of § 149-922 et seq. of Chapter 149, Subdivision and Land Development. A complete visual screen is not required, but instead the landscaping is intended to filter and soften views of new development from adjacent roads and homes. Such landscaping and any berming shall be designed to have a naturalistic appearance with a mix of plant species along existing perimeter public streets.

(b) The Board of Supervisors shall have the authority as part of the conditional use approval process to reduce the eighty-foot minimum width buffer to a minimum of 30 feet in specific locations where the applicant proves to the satisfaction of the Board of Supervisors that the reduced buffer would still meet the purposes of § 170-1615A. The authority to reduce the buffer width is intended primarily to address specific portions of the site where unique topographic conditions minimize the visual impact of the development from the perimeter of the site.

(c) Fencing that is mostly open (such as split-rail fencing) and is constructed of wood or materials with a similar appearance may be used to supplement the landscaping.

(d) The perimeter landscaping provisions of § 149-925 of Chapter 149, Subdivision and Land Development, shall apply. For an adult community development, those perimeter landscaping provisions shall be modified as follows:

[1] In all cases along all perimeter property lines and perimeter street frontages, the number of canopy trees shall be increased to a minimum of three canopy trees per 100 linear feet, and the number of shrubs shall be increased to a minimum of four shrubs per 100 linear feet.

[2] The minimum caliper size for deciduous trees shall be reduced to three inches, and the minimum height for any evergreen trees shall be reduced to six feet.

(6) Any proposed dwelling unit within 200 feet of a lot line of an existing single-family detached dwelling on another lot shall be a single-family detached dwelling. However, this requirement shall not apply if the proposed dwelling would be separated from the existing dwelling by a public street.

D. Impact studies.

(1) A traffic study meeting the requirements of § 149-804 of Chapter 149, Subdivision and Land Development, shall be required to be submitted at the time of the conditional use application. In addition, such traffic study shall consider accident-prone segments and other off-site traffic safety hazards that may be worsened by the proposed development.

(2) A community impact study shall be submitted by the applicant at the time of the conditional use application. This study shall consider the impact of the development upon water supply systems, sewage treatment and collection systems, the school district, Township finances and services, and fire and emergency medical services. Improvements to such systems shall be identified that will be necessary to accommodate the impacts from the development. Particular attention shall be paid to proving that adequate access will be possible to all dwellings and principal buildings by emergency vehicles.

E. Open space and public uses. A minimum of 50% of the gross area of the tract shall be permanently preserved as common open space.

(1) If so stated by the Board of Supervisors as part of the conditional use approval, a maximum of 10% of the required common open space may be required to be dedicated to the Township for use as a nonrecreation public use.

(2) Except as provided in the above Subsection E(1), all of the required common open space shall meet the requirements for open space:

(a) The 50% open space required by this section shall be in place of the amount of open space that would otherwise be required under § 149-921, or its successor section, of Chapter 149, Subdivision and Land Development.

(b) The minimum open space shall meet the requirements of the following sections of Chapter 149, Subdivision and Land Development: § 149-921C(2) through (4), 149-921C(6)(d) through (g), 149-921D and E.

(c) To count towards the required open space, land must be landscaped in trees, shrubs and other vegetation; preserved in woods or natural vegetation; be developed as active or passive recreational facilities; or approved under Subsection E(3) below.

(d) Open space shall be interconnected with common open space areas on abutting parcels where possible, including provisions for pedestrian pathways for general public use to create linked pathway systems within the Township.

(e) Open space areas are not required to be served by their own off-street parking, unless they are developed for active recreation facilities.

(3) A stormwater detention or retention basin shall not be permitted to be counted towards the minimum open space requirement unless the applicant proves to the satisfaction of the Board of Supervisors that such basin shall comply with the provisions of § 170-904A(3)(c) and would be designed and constructed to serve a recreational use during the vast majority of weather conditions, or would function as a scenic open space asset.

[Amended 5-2-2005 by Ord. No. 2005-4]

(4) The following areas shall not be permitted to be counted towards the minimum open space requirement:

(a) Areas within the lot lines of a fee-simple lot;

(b) Areas within 20 feet of the front, rear or side of a principal building;

(c) Open space with a width of less than 50 feet, except such width may be reduced to 20 feet if the open space is part of a interlinked pathway system; and

(d) Areas involving less than 0.25 acres of contiguous open space.

(5) The applicant shall provide a suitable recreation trail easement that allows pedestrian access by the public where necessary to complete a link included within Township Comprehensive Plan or Park, Recreation and Open Space Plan, or where otherwise required under Chapter 149, Subdivision and Land Development.

(6) If land is proposed for dedication to the Township for recreation purposes, the applicant may be required by the Board of Supervisors to provide a professional assessment of such land to determine whether evidence exists of environmental contamination. If such contamination is found, the applicant shall ameliorate the contamination in a manner as to make the land suitable for its intended use.

F. Site analysis. The provisions of § 170-1617, Conservation design, shall be applicable to an adult community development. The applicant shall demonstrate compliance with the conservation design process at the conditional use hearing.

[Amended 5-2-2005 by Ord. No. 2005-4]

§ 170-1616 Farm-related business.

[Added 3-3-2003 by Ord. No. 2003-2]

Farm-related business meeting the requirements of this § 170-1616 shall be an accessory use allowed by special exception on a lot or contiguous lot(s) of at least 10 acres. The lot must include an existing principal agricultural use. The following regulations shall apply to such nonagricultural activities:

A. A farm-related business shall be defined as a low-intensity commercial or industrial activity that functions as a customary accessory use to an on-site principal agricultural activity. Farm-related businesses are intended to provide supplemental income to farmers to encourage the continuation of farming, and to provide needed services to other farmers.

B. A farm-related business shall be conducted by a resident or owner of the property, his/her immediate relatives, and a maximum total of three other on-site employees, in addition to employees of the agricultural operations. In addition, a barn that was constructed for agricultural purposes prior to the adoption of this chapter may be leased to a nonresident for a use meeting these standards.

C. To the maximum extent feasible, a farm-related business should use an existing building. Buildings that existed prior to the effective date of this section may be used for a farm-related business. Any new building constructed for a farm-related business and any new parking area for trucks shall be set back a minimum of 100 feet from any lot line of an existing dwelling, unless a larger setback is required by another section of this chapter. A farm-related business shall not occupy more than 4,000 square feet of building floor area that is constructed after the adoption of this § 170-1616.

D. The farm-related business shall not routinely require the overnight parking of more than one tractor-trailer truck.

E. The business shall not generate noxious odors, noise or glare beyond amounts that are typically generated by agricultural operations. Nonagricultural operations shall not routinely occur in a manner that generates traffic or noise heard by neighbors between the hours of 9:00 p.m. and 7:00 a.m.

F. Any retail sales shall only be occasional in nature, and shall occur by appointment or during a maximum of 20 hours per week. This provision shall not restrict permitted display and sale of farm products as allowed by § 170-1603B.

G. Only one sign shall advertise a farm-related business, which shall have a maximum sign area of 12 square feet on each of two sides, and which shall not be internally illuminated, and which shall have a maximum height of eight feet.

H. The following activities may be granted special exception approval as a farm-related businesses:

(1) Farm equipment or farm vehicle repair;

(2) Occasional repair of one motor vehicle at a time, beyond those vehicles owned or leased by a resident of the property or his/her relative, but not including a junkyard, auto body shop or spray painting;

(3) Construction tradesperson's headquarters;

(4) Small engine repair;

(5) Woodworking or wood refinishing;

(6) Custom blacksmithing or sharpening services;

(7) Veterinarian offices;

(8) Rental storage of household items and vehicles;

(9) Seasonal special events, such as hay rides and similar Halloween activities, that do not involve the erection of new permanent buildings nor mechanized amusement park rides;

(10) A bed-and-breakfast facility meeting § 170-1607, except a maximum of six guest units shall be permitted under this § 170-1616;

(11) Creation of custom crafts;

(12) Seasonal environmental education day camp;

(13) Christmas tree sales, other than those grown on-site; or

(14) Uses that the applicant proves to the Zoning Hearing Board are closely similar in impacts to the above uses.

I. This subsection shall not regulate agricultural uses that are permitted under other provisions of this chapter.

J. If an activity would be permitted as either a farm-related business or a home occupation, then the applicant may choose which set of provisions shall apply.

K. One off-street parking space shall be provided per nonresident employee, plus parking for any dwelling. In addition, the applicant shall prove to the Zoning Officer that sufficient parking will be available for customers.

L. All existing and new buildings shall maintain a residential or agricultural appearance, as viewed from a public street.

M. The use shall not involve the storage or use of highly hazardous, toxic, radioactive, flammable or explosive substances, other than types typically used in agriculture or a household.

N. Landscaping shall be placed between any outdoor storage of nonagricultural materials or products and any dwelling from which storage would be visible.

O. The applicant shall prove that adequate space will be provided for truck movements.

§ 170-1617 Conservation Design.

[Added 3-3-2003 by Ord. No. 2003-2]

A. As part of an application for a flexible development or for any application for a development of three or more acres of nonresidential development or for five or more residential lots, the applicant shall submit the sketches described in this § 170-1617 and shall demonstrate to the satisfaction of the Planning Commission that the following process was followed in designing the proposed development.

B. This process is intended to show how the special features of the property relate to resource areas on adjacent lands, and how the development will properly relate to the features of the land that are most worthy of conservation. The maps required by this § 170-1617 may be completed at a sketch plan level of detail, which shall be drawn to scale, provided that more detailed mapping required by other sections of Township chapters is also submitted as required. This process is intended to provide guidance in cases where this chapter allows flexibility in the placement of buildings and lot lines.

C. Process.

(1) Existing resources and site analysis map. This map shall be prepared and submitted to accurately show the locations of wetlands, the one-hundred-year floodplains, slopes of 15% to 25%, and slopes over 25% (in accordance with § 170-402 of this chapter). These areas are known as "primary conservation areas." This map shall accurately show the following:

(a) The wetlands shall be based upon a professional analysis, with identification of the individual who completed such analysis in accordance with § 170-401B of this chapter.

(b) The delineation of one-hundred-year floodplains based upon official floodplain mapping or a more accurate professional analysis in accordance with § 170-401C of this chapter.

(c) Other important existing resources on the site shall be added to the map, including woodlands, tree lines, large specimen trees over 18 inches in trunk diameter, scenic views from inside the site, ridgelines, and scenic views from existing streets and trails. These resources are known as "secondary conservation areas." The Planning Commission may require the identification of scenic views beyond those identified by the applicant. This map, or an accompanying map, shall also show:

[1] Uses of properties that are contiguous or across a street.

[2] Approximate locations of natural features and principal buildings on those properties that are within 150 feet of the perimeter lot lines.

[3] Approximate location of areas with a seasonally high water table, based upon the Soil Survey for Chester and Delaware Counties or a more accurate professional analysis.

[4] Locations and descriptions of existing buildings, with a description of any historic architectural significance of each, if any.

[5] Adjacent private or public open spaces, parklands and pedestrian or bicycle trails.

(d) The applicant shall then highlight on a plan the areas that are proposed to be conserved in some form of open space. Where common open space is required, it shall be shown as such. Where common open space is not required, the open space may be proposed as privately owned areas that are intended to remain unbuilt. The open space areas should be interconnected.

(2) Potential development areas concept map. Based upon consideration of the existing features map and the primary and secondary conservation areas (as described above), the potential development areas shall be mapped. These potential development areas are areas that are best suited for the majority of the development on the tract. Potential development areas shall not include any primary conservation areas, except that minor intrusion into primary conservation areas for land development purposes may be permitted where otherwise permitted in accordance with Article IV of this chapter or to provide for regulated activities permitted by the Commonwealth, i.e., permitted stream or wetland crossing or other encroachment. Potential development areas also shall be delineated so as to minimize intrusion into secondary conservation areas. Land development activities and associated land disturbance shall not be permitted within more than 50% of secondary conservation areas, except where this standard is modified at the discretion of the Board of Supervisors as a condition of preliminary or final subdivision/land development plan approval or conditional use approval as applicable. In consideration of modification of this standard, the Board shall consider the nature of the intended land use and the anticipated scope of land disturbance normally associated with such use, as well as any planning or design measures proposed by the applicant to mitigate any environmental, aesthetic, or other community impacts resulting from land disturbance within secondary conservation areas.

(3) Location of building sites. In respect of the primary and secondary conservation areas described above, the approximate proposed locations of new homes/principal buildings and, in the case of nonresidential development, associated parking areas and accessory structures and uses shall then be selected within defined potential development areas. It is recognized that on-lot septic system suitability needs to influence these choices when septic systems are used. It is also recognized that some intrusions into the secondary conservation areas may be necessary to allow reasonable uses of the land, provided that such development is carefully located and designed to minimize impacts upon the most important resources and features. Building sites and associated facilities also should be selected so as to maximize views, including views into the conservation areas.

(a) While the mapping of existing features required by this § 170-1617 is required to be accurate and to scale, the locations of proposed building sites, associated facilities, lot lines, roads and trails may be at a sketch plan level of detail for the purposes of complying with this § 170-1617. A more detailed site plan shall be required to be submitted as part of a formal conditional use application or subdivision/land development plan submission, as applicable.

(b) The applicant shall provide a written and graphic analysis of how the proposed development will respect and incorporate the important resources of the site and be coordinated with resources, open space/trail corridors and views on surrounding properties. This may involve an overlay map that shows important natural features and proposed development.

(4) Layout of streets and trails. An efficient street layout shall then be designed to serve the appropriate building sites. Trails should also be considered to link together common open spaces, clusters of homes and other destinations (such as nearby stores, parks and schools). Building sites should be clustered together to minimize expensive wetland and creek crossings by roads.

(5) Drawing the lot lines. Lot lines should then be drawn on the site to encompass the proposed building sites, to result in a development concept plan. Once this sketch is prepared, then more detailed engineering may be completed.

§ 170-1618 Renewable energy systems.

[Added 2-17-2015 by Ord. No. 2015-3]

It is the purpose of these regulations to promote the safe, effective and efficient use of renewable energy systems to reduce the consumption of utility-supplied energy, heat, hot water, or any combination of the above, while protecting the health, safety and welfare of the residents of the Township, and while protecting adjacent land uses through appropriate zoning and land-use controls. Non-utility-supplied energy systems not specified herein may be permitted subject to conditional use approval. Where, in the course of reviewing a permit application for any renewable energy system, it is deemed advisable for the Township to retain the services of the Township engineer or any other consultant, all reasonable costs therefore shall be borne by the applicant.

A. Geothermal energy systems. Geothermal energy systems shall be permitted in all zoning districts, subject to the following regulations:

(1) Accessory use. A closed-loop geothermal energy system shall be permitted in all zoning districts as an accessory use, where the energy supplied is solely for the use of principal and accessory uses permitted on the subject property. Open-loop geothermal energy systems shall not be permitted.

(2) Permitting. A zoning permit and building permit, consistent with or independent of the Pennsylvania Uniform Construction Code, shall be required prior to installation of any geothermal energy system. Applicable manufacturer specifications and Chester County Health Department permit shall be submitted to Westtown Township as part of the application for any permit.

(3) Design. The design, installation and operation of geothermal energy systems shall be permitted in conformance with all applicable regulations under Section 501 of the Chester County Health Department Rules and Regulations and shall conform to applicable industry standards, including those of the American National Standards Institute (ANSI), the International Ground Source Heat Pump Association (IGSHPA), the American Society for Testing and Materials (ASTM), the Air Conditioning and Refrigeration Institute (ARI), or other similar certifying organizations, and shall comply with the Township Building Code[1] and with all other applicable Township requirements.

[1] Editor's Note: See Ch. 57, Building Construction.

(4) Appurtenances. All or any mechanical equipment (appurtenances) associated with and necessary for the operation of the geothermal energy system shall comply with all accessory setbacks for the zoning district in which the system is installed.

(5) Heat-transfer fluids. Closed-loop geothermal systems shall utilize heat-transfer fluids conforming to all standards set by the PA Department of Environmental Protection (DEP). A permanent sign must be attached to the heat pump specifying that only approved heat-transfer fluids must be used.

(6) Disrepair. If the geothermal energy system enters into a state of disrepair, it shall be the responsibility of the property owner to properly maintain the geothermal energy system or to decommission the system within six months from the date the system enters such a state or immediately in any case determined to be a safety hazard.

(7) Abandonment and decommissioning.

(a) Where the use of any geothermal energy system is abandoned, it shall be the responsibility of the property owner to cap and seal the in-ground portion(s) of the system. The property owner may further be required to evacuate (pump out) the fluid(s) in the system and to fill the borehole(s) with bentonite or an acceptable alternative.

(b) Any earth disturbance as a result of decommissioning or removal of any geothermal energy system shall be graded and reseeded.

B. Outdoor wood-fired boilers. Outdoor wood-fired boilers or outdoor hydronic heaters, known generally as "OWBs," shall be permitted in the M-U and A/C Districts on properties of 10 acres or greater, and in the T District regardless of lot size, subject to the following regulations:

(1) Accessory use. OWBs shall be permitted as accessory uses, including accessory structures, where the energy supplied is solely for the use of principal and accessory uses permitted on the subject property. OWBs shall not be permitted as a principal use in any district.

(2) Permitting. A zoning permit and building permit, consistent with or independent of the Pennsylvania Uniform Construction Code, shall be required prior to installation of any OWB. Applicable manufacturer specifications shall be submitted to Westtown Township as part of the application for any permit.

(3) Design. The design and installation of OWBs shall conform to applicable industry standards, including those of the United States Environmental Protection Agency (EPA), American National Standards Institute (ANSI), Underwriters Laboratories (UL), the American Society for Testing and Materials (ASTM), or other similar certifying organizations, and shall comply with the Township Building Code[2] and with all other applicable fire and life safety requirements.

[2] Editor's Note: See Ch. 57, Building Construction.

(4) Compliance with other regulations. At the time of permit application, the owner of the OWB shall provide evidence indicating that the maintenance and operation of the OWB will be in compliance with applicable operations and performance standards set forth by DEP as well as in compliance with all air emissions quality standards promulgated by the United States Environmental Protection Agency (EPA), PA DEP, or other relevant state or federal agency including emissions of dust and particulates.

(5) Setback requirements. All OWBs shall be located a minimum distance of 150 feet from any property line or street right-of-way.

(6) Historic structures. If an OWB is proposed to be located within 100 feet of any historic structure as may be designated by the Township or determined to be eligible for listing on the National Register of Historic Places by the Pennsylvania Historical and Museum Commission or the National Park Service, such OWB shall be subject to conditional use approval at the sole discretion of the Township upon a finding that the proposed system will not adversely impact the historical significance or landscape context of the subject historic structure or historic resource.

(7) Stack. All OWBs shall have a permanent attached stack. The minimum height of all stacks shall be 20 feet above the ground, and stacks shall otherwise installed according to the manufacturer's specifications.

(8) Abandonment or disrepair. If the OWB is ever abandoned or enters into a state of disrepair, it shall be the responsibility of the property owner to remove or properly maintain the OWB within six months from the date the system enters such a state or immediately in any case determined to be a safety hazard.

(9) Decommissioning. Any earth disturbance as a result of the removal of the OWB shall be graded and reseeded.

C. Solar energy systems. Solar energy systems shall be permitted, subject to the following regulations and with the understanding that when a provision herein does not specifically refer to either accessory or principal uses, it shall apply to both:

(1) Principal use. A solar energy system shall be permitted as a principal use subject to conditional use approval in the T-Township and A/C Agricultural/Cluster Residential Districts only, subject to the following and as otherwise provided herein; any solar energy system not meeting the criteria for an accessory solar energy system shall be considered a principal use.

(a) The maximum area occupied by a principal solar energy system on any lot shall be 10 acres;

(b) Notwithstanding lot coverage limitations set forth in the base zoning district(s), the maximum impervious coverage for a principal solar energy system and any accessory or appurtenant structures shall be 20% of the lot area;

(c) A principal solar energy system shall be set back a minimum of 100 feet from any public right-of-way, any lot line, and any historic structure as may be designated by the Township or determined to be eligible for listing on the National Register of Historic Places by the Pennsylvania Historical and Museum Commission or the National Park Service;

(d) The entire facility comprising a principal solar energy system and its appurtenant and accessory structure(s) and equipment shall be enclosed by a fence, barrier or other appropriate means to prevent or restrict unauthorized persons or vehicles from entering the facility. Clearly visible warning signs shall be placed on the fence, barrier or at the perimeter of the facility to inform individuals of potential voltage hazards. All mechanical equipment associated with the facility shall be completely enclosed by a minimum eight-foot-high fence with a self-locking gate.

(e) Proper aisleways between panel cluster sections, at least eight feet in width, shall be provided for safe access to clusters. DC/AC inverters shall be installed at each cluster, in addition to an automatic disconnect device.

(f) A principal solar energy system shall not include the co-location of batteries or other equipment used to store the energy output from the system except where approved by the Board of Supervisors as a condition of conditional use approval upon satisfaction that adequate safety precautions are included in the design of the system.

(g) A principal solar energy system shall be serviced by an adequate water supply for firefighting purposes.

(2) Accessory use. A solar energy system shall be permitted in all zoning districts as a permitted accessory use, subject to the provisions set forth herein. A system shall be considered an accessory solar energy system only if it supplies electrical or thermal power primarily for the use of principal and other accessory uses permitted on the subject property, or properties in the case of community or virtual net metering as provided below.

(a) Individual net metering. When a property upon which an accessory solar energy system is installed also receives electrical power supplied by a utility company, excess electrical power generated and not presently needed for on-site use may be used by the utility company, as long as the electrical power generated is used primarily for on-site use. The owner of the accessory solar energy system shall provide written confirmation that the public utility company has been informed of the customer's intent to install an interconnected customer-owned generator and also approves of such connection. Systems not connected to the public utility grid shall be exempt from this requirement.

(b) Community net metering. Community net metering is similar to individual net metering, but permits the net metering credits from an accessory solar energy system to be distributed among two or more electric meters, for example, where several homeowners cooperatively install a solar energy system. Such systems shall be permitted subject to conditional use approval, where all standards set forth herein are met.

(c) Virtual net metering. Virtual net metering may be permitted subject to conditional use approval where an accessory solar energy system is installed in a different location from the meter or meters being credited with the solar energy that is produced, subject to conformance with all standards set forth herein. Instead of a direct connection to the accessory solar energy system, the consumer of electricity is credited with the amount of electricity that the system offsets through connection into the grid at its location. Virtual net metering may apply to individual or community solar energy system(s).

(3) Permitting. In addition to conditional use approval where required, a zoning permit and building permit, consistent with or independent of the Pennsylvania Uniform Construction Code, shall be required prior to installation of any solar energy system. Applicable manufacturer specifications shall be submitted to Westtown Township as part of the application for any permit.

(4) Design. The design and installation of the solar energy system shall conform to applicable industry standards, such as those of the American National Standards Institute (ANSI), Underwriters Laboratories, the American Society for Testing and Materials (ASTM), or other similar certifying organizations, and shall comply with the Township Building Code[3] and with all other applicable fire and life safety requirements.

[3] Editor's Note: See Ch. 57, Building Construction.

(5) Grid interconnection. A solar energy system connected to the utility grid shall provide written authorization from the local utility company acknowledging and approving such connection.

(6) Transmission lines. All power transmission lines from the solar energy system to any building or other structure shall be located underground, unless it can be demonstrated, to the satisfaction of the Zoning Officer, in consultation with the Township Engineer, that this is infeasible.

(7) Appurtenances. All or any mechanical equipment (appurtenances) associated with and necessary for the operation of the solar energy system shall comply with all accessory setbacks for the zoning district in which the system is installed.

(8) Hazardous materials. No solar energy system shall contain hazardous substances as defined in the Pennsylvania Hazardous Sites Cleanup Act, 35 P.S. § 6020.101 et seq.

(9) Lighting. Solar energy systems shall not be artificially lighted except to the extent required for safety or by any applicable federal, state or local authority.

(10) No advertising. Solar energy systems and appurtenant or accessory structures shall not display any advertising, except for reasonable identification of the panel or other equipment manufacturer, and the facility owner.

(11) Vehicular access. All solar energy systems shall be located where there is a means of vehicular access from a public or private street.

(12) Glare.

(a) Solar collectors shall be installed so as to prevent glare or concentrated solar radiation as may otherwise be directed onto other properties or onto roadways such that a nuisance situation is created. Antireflective surface materials or coatings shall be used to preclude glare to the extent feasible.

(b) The applicant or the installer or manufacturer of the solar energy system shall submit with the application for permit or conditional use approval, as applicable, a signed statement including the following:

[1] Certification that the proposed system shall not produce glare or reflect concentrated solar radiation visible beyond the property lines of the property upon which the solar energy system shall be located such that a nuisance situation is created;

[2] Acknowledgement that, should any glare or concentrated solar radiation produced prove to be visible beyond the property lines of the property upon which the solar energy system shall be located, at any time subsequent to the installation of the system, such that, in the opinion of the Zoning Officer, a nuisance situation or safety hazard arises for another property owner or the travelling public, the Township may at its discretion require mitigative action or may require the removal of the system or portion thereof generating the glare or reflected solar radiation;

[3] Acknowledgement that, should any mitigation or system removal deemed necessary by the Township fail to be dealt with in accordance with the Township's determination within six months of notification of the landowner and/or system owner, or immediately in any case determined to be a safety hazard, the Township may implement such mitigation or remove such systems as it deems necessary, costs therefor to be reimbursed within 90 days, and, if not, a commensurate lien shall be placed upon the property;

[4] Acknowledgement that the obligations set forth herein shall continue so long as the subject solar energy system remains in operation and that any subsequent property owner shall be so notified.

(13) Historic structures. If an accessory solar energy system is proposed to be mounted on or located within 100 feet of any historic structure as may be designated by the Township or determined to be eligible for listing on the National Register of Historic Places by the Pennsylvania Historical and Museum Commission or the National Park Service, such system shall be subject to conditional use approval at the sole discretion of the Township as provided herein and upon a finding that the proposed system will not adversely impact the historical significance or landscape context of the subject historic structure.

(14) Solar access easements. A solar energy system shall be located to ensure solar access without reliance on adjacent properties. Where any applicant desires to ensure that solar access to a solar energy system shall not be obstructed over time by permissible uses or activities on any adjacent property (i.e., by planting or growth of vegetation, new construction, etc.), it shall be the responsibility of the owner of the solar energy system to obtain appropriate solar access easement(s) from neighboring property owner(s) and to notify the Township upon the recording of any such easement(s). All solar access easements shall be recorded in the office of the Chester County Recorder of Deeds.

(15) Roof-mounted systems.

(a) Under no circumstance shall the solar energy system extend beyond the edge of the roof.

(b) Notwithstanding otherwise applicable height limitations, a roof-mounted solar energy system may exceed the height of the ridgeline of any sloping roof upon which it is mounted by no more than one foot, where the pitch of the roof exceeds a ratio of 1/3.

(c) Notwithstanding otherwise applicable height limitations, a roof-mounted solar energy system on a flat roof, or where the pitch of the roof is less than a ratio of 1/3, may exceed the height of the roof at its highest point by no more than four feet, except where a greater height is approved subject to conditional use approval.

(d) Roof-mounted solar energy systems shall not be counted as adding to any impervious coverage calculation.

(e) All roof-mounted systems must have/accommodate safe access for fire service and maintenance, as deemed appropriate by the Zoning Officer, Building Code Officer and/or Fire Marshal.

(f) Structural integrity. For any roof-mounted solar energy system, the applicant must demonstrate to the satisfaction of the Building Code Officer, by credible evidence, that the structural integrity of the structure is such that it can adequately support the roof-mounted system being considered.

(16) Ground-mounted (freestanding) systems.

(a) Principal ground-mounted solar energy systems shall meet the setback requirements, size, and impervious coverage limitations set forth in § 170-1618C(1) above.

(b) Accessory ground-mounted solar energy systems shall meet all setback requirements for an accessory structure for the zoning district in which installed, and shall be subject to the maximum impervious coverage limitations of the underlying zoning district.

(c) Accessory ground-mounted solar energy systems shall not be installed within the required front yard setback, shall not be located in the area between the front yard setback and the principal structure on the lot, nor shall be located along any street frontage (e.g., in a side yard abutting a street) except where permitted subject to conditional use approval.

(d) Impervious coverage. For the purposes of this section, all "at grade" or "above grade" features and facilities relating to ground-mounted solar energy systems, including appurtenances, shall be considered impervious surface. The extent of impervious coverage of sloping panels shall be measured as equal to their horizontal footprint.

(17) Conditional use approval. In consideration of conditional use approval where required pursuant to this section, in addition to review of the standards for conditional use approval set forth in § 170-2009D of this chapter, the Board of Supervisors shall be satisfied that the solar installation will not unduly impact other property owners or the traveling public or that potential impacts are mitigated by design of the system or structure(s) upon which it is mounted, by distance from points of visibility, by the presence of intervening topography, vegetation or structures, or will be mitigated through introduction of landscaping.

(a) Any application for conditional use approval for a principal solar energy system shall include submission of a visual analysis demonstrating that the system is designed and located to meet the objectives stated above.

(b) As a condition of approval, the Board of Supervisors may require a buffer yard around the perimeter of any facility comprising a principal solar energy system and its appurtenant or accessory structure(s) and equipment providing a continuous visual screen between such facility and any adjacent property, public right-of-way or historic structure as viewed by a person standing at ground level.

(18) Abandonment or disrepair. If the solar energy system is ever abandoned or enters into a state of disrepair, it shall be the responsibility of the property owner to remove or properly maintain the solar energy system within six months from the date the system enters such a state or immediately in any case determined to be a safety hazard.

(19) Decommissioning. If a ground-mounted solar energy system is ever removed, any earth disturbance as a result of the removal of the ground-mounted solar energy system shall be graded and reseeded to the satisfaction of the Township.

D. Wind energy systems. Wind energy systems shall be permitted in all zoning districts, subject to the following regulations and with the understanding that when a provision herein does not specifically refer to either accessory or principal uses, it shall apply to both:

(1) Principal use. A wind energy system shall be permitted as a principal use subject to conditional use approval in the T Township and A/C Agricultural/Cluster Residential Districts only, subject to the following and as otherwise provided herein; any wind energy system not meeting the criteria for an accessory wind energy system shall be considered a principal use.

(a) The maximum area occupied by a principal wind energy system on any lot shall be 20 acres;

(b) Notwithstanding lot coverage limitations set forth in the base zoning district(s), the maximum impervious coverage for a principal wind energy system and any accessory or appurtenant structures shall be 5% of the lot area;

(c) No principal wind energy system shall be installed at any location that would substantially detract from or block the view of a major portion of a recognized scenic vista, as viewed from a public road right-of-way or publically accessible parkland or open space.

(d) The owner of a principal wind energy system shall provide the Township written confirmation that the public utility to which the principal wind energy system will be connected has been informed of the intent to install a grid connected system and approved of such connection.

(e) The entirety of a principal wind energy system, regardless of number of components, shall be set back a minimum distance of 125% of the wind energy system height of the highest individual structure or system from any public right-of-way, any lot line, any aboveground electrical transmission lines, or any occupied structure.

(f) Any individual wind energy structure shall be set back a minimum distance of 125% of the wind energy system height from any other wind energy structure except its immediate appurtenant and accessory structure(s) and equipment.

(g) Height limitations for principal wind energy systems.

[1] The maximum wind energy system height of any individual wind energy structure shall be 425 feet;

[2] The minimum height of the lowest position of any wind turbine blade shall be 100 feet above the ground.

(h) All principal wind energy systems shall be built to withstand sustained winds of 100 miles per hour with a uniform loading of 50 pounds, or short-duration gusts of up to 150 miles per hour. An independent structural engineer registered in Pennsylvania shall attest to the proposed system's ability to meet this requirement and certify proper construction of the foundation and erection of the tower.

(i) The entire facility comprising a principal wind energy system and its appurtenant and accessory structure(s) and equipment shall be enclosed by a fence, barrier or other appropriate means to prevent or restrict unauthorized persons or vehicles from entering the facility. Clearly visible warning signs shall be placed on the fence, barrier or at the perimeter of the facility to inform individuals of potential voltage hazards. All mechanical equipment associated with the facility shall be completely enclosed by a minimum eight-foot-high fence with a self-locking gate. Towers supporting principal wind energy equipment shall be designed and constructed to prevent unauthorized climbing of any tower. Landscaping will be provided around all fences as necessary to screen them from public views and adjoining properties.

(j) A principal wind energy system shall not include the co-location of batteries or other equipment used to store the energy output from the system except where approved by the Board of Supervisors as a condition of conditional use approval upon satisfaction that adequate safety precautions are included in the design of the system.

(k) A principal wind energy system shall be serviced by an adequate water supply for firefighting purposes.

(l) The potential ice throw or ice shedding for a principal wind energy system shall not cross the property line on which the principal wind energy system is located nor impinge on any right-of-way or overhead utility line.

(m) The facility owner and/or operator shall ensure that the design and operation of any principal wind energy system avoids any disruption or loss of radio, telephone, television, cell, Internet, or similar signals, and shall mitigate any harm caused by the Wind Energy Facility.

(n) Use of public roads.

[1] The applicant shall identify all state and local public roads to be used to transport equipment and parts for construction, operation or maintenance of the principal wind energy system.

[2] The Township engineer or a qualified third-party engineer hired by the Township and paid for by the applicant shall document road conditions prior to construction.

[3] The Township engineer shall document road conditions again 30 days after construction is complete or as weather permits.

[4] Any road damage caused by the applicant or its contractors shall be promptly repaired at the applicant's expense.

[5] The applicant shall demonstrate that it has appropriate financial assurance to ensure the prompt repair of damaged roads.

(o) Local emergency services.

[1] The applicant shall provide a copy of the project summary and site plan to local emergency services, including paid or volunteer fire department(s).

[2] The facility owner and/or operator shall abide by all applicable local, state and federal fire code and emergency guidelines.

[3] Upon request, the applicant shall cooperate with emergency services to develop and coordinate implementation of an emergency response plan for the principal wind energy system.

(p) The owner of any principal wind energy system shall maintain a current general liability policy covering bodily injury and property damage with limits of at least $1,000,000 per occurrence and $1,000,000 in the aggregate. Certificates shall be made available to the Township upon request.

(q) The owner/operator of any principal wind energy system shall be required to routinely submit to the Township proof of an annual inspection and maintenance program. Any structural faults thus noted will be immediately corrected by the owner. Failure to provide proof of certified inspection will result in notification to the owner to cease operation and dismantle the facility as required below.

(r) The owner/operator of any principal wind energy system shall be required to notify the Township immediately upon cessation of operation or abandonment of the facility or any portion thereof. Except for temporary cessation of operation for up to 90 days, such as for maintenance or repair, the owner shall dismantle and remove from the property all structures no longer operating. At the time of issuance of the permit for the construction of the principal wind energy system or any components thereof, the owner shall provide financial security in form and amount acceptable to the Township to secure the expenses of dismantling and removing said structures if not accomplished by the owner within one year of cessation of operation.

(2) Accessory use. Accessory wind energy systems shall be permitted in all zoning districts as a permitted accessory use, subject to the provisions set forth herein. A system is considered an accessory wind energy system only if it supplies electrical power primarily for on-site use of principal or accessory uses permitted on the subject property and subject to the following:

(a) When a property upon which an accessory wind energy system is installed also receives electrical power supplied by a utility company, excess electrical power generated and not presently needed for on-site use may be used by the utility company, as long as the electrical power generated is used primarily for on-site use. The owner of the accessory wind energy system shall provide written confirmation that the public utility company has been informed of the customer's intent to install an interconnected customer-owned generator and also approves of such connection. Systems not connected to the public utility grid shall be exempt from this requirement.

(b) If an accessory wind energy system is proposed to be mounted on or located within 100 feet of any historic structure as may be designated by the Township or determined to be eligible for listing on the National Register of Historic Places by the Pennsylvania Historical and Museum Commission or the National Park Service, such system shall be subject to conditional use approval at the sole discretion of the Township upon a finding that the proposed system will not adversely impact the historical significance or landscape context of the subject historic structure or historic resource.

(c) Height limitations.

[1] The maximum height for an accessory wind energy system shall not exceed 35 feet except where approved up to a maximum of 70 feet as a conditional use.

[2] The minimum height of the lowest position of any wind turbine blade of an accessory wind energy system shall be 15 feet above the ground. If the wind turbine proposed is a vertical-axis wind turbine (also referred to as a "helix-type" turbine), the height between the lowest point of the turbine and the ground may be reduced to 10 feet.

(d) All accessory wind energy systems must, at a minimum, meet the setback requirements for accessory structures for the underlying zoning district. In addition, accessory wind energy systems shall be set back a horizontal distance equal to their height from any property line or residential dwelling, excluding any dwelling on the lot on which the wind energy system is located. No accessory wind energy systems shall be installed within the required front yard setback and shall not be located along any street frontage (e.g., in a side yard abutting a street). Additionally, all accessory wind energy systems must be set back sufficiently from any aboveground utility lines, radio, television, or telecommunication towers so as to present no danger to those lines or structures, as certified by the applicant's engineer. No portion of any accessory wind energy system shall extend over parking areas, access drives, driveways or sidewalks.

(e) The footprint of an accessory wind energy system shall be calculated as part of the overall lot coverage.

(f) For any roof-mounted wind energy systems, such as micro-turbine systems or horizontal- or vertical-axis turbines, the applicant must demonstrate to the Building Code Inspector, by credible evidence, that the integrity of the structure is such that it can adequately support the system being considered.

(g) When an accessory building is necessary for storage cells or related mechanical equipment, the accessory building shall not have a floor area exceeding 200 square feet, and shall comply with the accessory structure requirements specified within the underlying zoning district.

(h) No more than one accessory wind energy system (wind turbine) shall be permitted per lot, except where approved as a conditional use. A wind energy system made up of a number of adjacent micro-turbine panels is considered one system for the purposes of this subsection.

(i) If the accessory wind energy system is ever abandoned or enters into a state of disrepair, it shall be the responsibility of the property owner to remove or properly maintain the wind energy system within six months from the date the system enters such a state or immediately in any case determined to be a safety hazard.

(3) Permitting. A zoning permit and building permit, consistent with or independent of the Pennsylvania Uniform Construction Code, shall be required prior to installation of any wind energy system. Applicable manufacturer specifications shall be submitted to Westtown Township as part of the application for any permit or conditional use application, as applicable.

(4) Design. The design and installation of the wind energy system shall conform to applicable industry standards, such as those of the American National Standards Institute (ANSI), Underwriters Laboratories, Det Norske Veritas, Germanischer Lloyd Wind Energies, the American Society for Testing and Materials (ASTM), or other similar certifying organizations, and shall comply with the Township Building Code[4] and with all other applicable fire and life safety requirements. DC/AC inverters shall be installed at the base of each wind energy system, in addition to an automatic disconnect device.

[4] Editor's Note: See Ch. 57, Building Construction.

(5) Transmission lines. All power transmission lines from the wind energy system to any building or other structure shall be located underground.

(6) Appurtenances. All or any mechanical equipment associated with and necessary for the operation of the wind energy system shall comply with all accessory setbacks for the zoning district in which the system is installed and shall be screened from view of any neighboring property or public road.

(7) Noise limitations. Wind energy systems shall not generate noise which exceeds 55 decibels, or 10 decibels above ambient noise, in any hour, whichever is higher. Noise is measured from the property line of the closest neighboring inhabited or occupied structure or nearest habitable or occupied structure setback line on any abutting property. The ambient sound measurement, known as "A-weighted sound level," is taken where the noise from the wind turbine cannot be heard, or with the wind turbine shut down. The ambient sound level shall be considered the level that is exceeded 90% of the time when the noise measurements are taken. Any noise exceeding this level may be subject to the nuisance provisions of Article II of Chapter 168 of the Westtown Township Code. Notwithstanding the above, the 55 decibel or 10 decibel over ambient level may be exceeded during short-term events such as utility outages and/or severe wind storms.

(8) Vibration. A wind turbine shall not cause vibrations through the ground which are perceptible beyond the property line of the parcel on which it is located.

(9) Braking. All wind energy systems shall be equipped with an adequate and redundant braking system to prevent excessive speed. Such system shall include aerodynamic overspeed controls (including variable pitch, tip, and other similar systems) and mechanical brakes. Mechanical brakes shall be operated in a fail-safe mode.

(10) Lighting. Wind energy systems shall not be artificially lighted, except to the extent required by the Federal Aviation Administration (FAA).

(11) Colors. Wind energy systems shall be a nonobtrusive color acceptable to the Township, such as white, off-white or gray.

(12) Shadow flicker. All wind energy systems shall, to the extent feasible, be sited to prevent shadow flicker on any occupied structure on adjacent properties.

(13) Climbing. Wind energy systems shall be equipped with an appropriate anti-climbing device, or otherwise made unclimbable, to prevent unauthorized access to the system.

(14) Advertising and signage. Wind energy systems shall not be used to display advertising, signage, banners or similar materials, with the exception of any manufacturer's labels or warning placards. Any such sign shall have an area not to exceed four square feet.

(15) Conditional use approval. In consideration of conditional use approval where required pursuant to this section, in addition to review of the standards for conditional use approval set forth in § 170-2009D of this chapter, the Board of Supervisors shall be satisfied that the wind energy system will not unduly impact nearby property owners or the traveling public or that potential impacts are mitigated by design of the system or structure(s) upon which it is mounted, by distance from points of visibility, or by the presence of intervening topography, vegetation or structures.

(16) Decommissioning. If a wind energy system is ever removed, any earth disturbance as a result of the removal of the system shall be graded and reseeded to the satisfaction of the Township.

E. Manure digesters. Manure digesters (also known as anaerobic digesters) shall be permitted in the M-U and A/C Districts on properties of 10 acres or greater, and in the T District regardless of lot size, subject to the following regulations:

(1) Accessory use. A manure digester shall be permitted as an accessory use only if it supplies electrical or thermal power primarily for on-site use of principal or accessory uses permitted on the subject property. A manure digester shall not be permitted as a principal use.

(2) Permitting. A zoning permit and building permit, consistent with or independent of the Pennsylvania Uniform Construction Code, shall be required prior to installation of any manure digester. The applicant shall submit the following to Westtown Township as part of the application for any permit:

(a) Applicable manufacturer specifications.

(b) Documentation that performance standards for siting to minimize impacts on neighboring properties have adequately been addressed, including considerations of odor, prevailing wind patterns, proximity to nonagricultural properties, operational noise, and specific hours of operation.

(c) Evidence of all necessary federal and state regulatory agencies' approvals shall be included with the application.

(d) A letter from the Chester County Conservation District (CCCD) that 1) states that the applicant's manure digester design has been reviewed and approved by the CCCD and that all regulations and requirements of the state manure management program have been satisfied, or 2) states that CCCD will not review the design or that no review is required under applicable laws and regulations. Where a CCCD review letter has been requested but the CCCD has failed to respond within 60 days, the applicant shall provide evidence to verify such.

(3) Design and installation.

(a) The design and installation of any manure digester shall conform to applicable industry standards and shall comply with the Township Building Code[5] and with all other applicable fire and life safety requirements.

[5] Editor's Note: See Ch. 57, Building Construction.

(b) Manure digesters shall be designed and constructed in compliance with the applicable guidelines outlined in the Pennsylvania Department of Environmental Protection's Bureau of Water Quality Management publication(s), and any revisions, supplements and replacements thereto by the PA DEP.

(c) Manure digesters shall also be designed and constructed in compliance with any other applicable federal, state, county and Township laws and regulations.

(d) A certified professional, qualified to do such, shall furnish and demonstrate to the Township compliance with all details of construction, operation, maintenance and necessary controls related to the manure digester.

(4) Grid interconnection. When a property upon which the facility is installed also receives electrical power supplied by a utility company, excess electrical power generated and not presently needed for on-site use may be used by the utility company, as long as the electrical power generated is used primarily for on-site use. The owner of the manure digester shall provide written confirmation that the public utility company has been informed of the customer's intent to install an interconnected customer-owned generator and also approves of such connection. Systems not connected to the public utility grid shall be exempt from this requirement.

(5) Operation and performance standards. The proposed use shall be subject to any applicable operation and performance standards set forth by DEP.

(6) Setback requirements. Manure digesters shall not be located within 50 feet of any side property line, within 75 feet of any rear property line, within 150 feet from any residential structure other than that of the property owner, or within 100 feet of any public road right-of-way.

(7) Historic structures. If a manure digester is proposed to be located within 100 feet of any historic structure as may be designated by the Township or determined to be eligible for listing on the National Register of Historic Places by the Pennsylvania Historical and Museum Commission or the National Park Service, installation of the manure digester shall be subject to conditional use approval at the sole discretion of the Township upon a finding that the proposed system will not adversely impact the historical significance or landscape context of the subject historic structure or historic resource.

(8) Lot coverage. The footprint of a manure digester shall be calculated as part of the overall lot coverage.

(9) Abandonment or disrepair. If the manure digester is ever abandoned or enters into a state of disrepair, it shall be the responsibility of the property owner to remove or properly maintain the manure digester within six months from the date the system enters such a state or immediately in any case determined to be a safety hazard.

(10) Decommissioning. If a manure digester is ever removed, any earth disturbance as a result of the removal of the manure digester shall be graded and reseeded to the satisfaction of the Township.

§ 170-1619 Conversion of accessory dwelling unit (ADU) into rental.

[Added 5-6-2019 by Ord. No. 2019-02]

A. Statement of intent. The intent of this section is to provide an alternative use for a structurally sound, approved, and permitted ADU whose occupancy was permitted only to related or relative persons as defined under § 170-201. This section is also intended to increase the supply of smaller dwelling units and provide for a more efficient use of the existing housing stock, while protecting the character of sound, stable residential neighborhoods and preserving the basic character of dwellings that might otherwise become obsolete.

B. Standards for conversion to residential rental use. An approved, permitted ADU, either existing on the effective date of this chapter or approved and permitted thereafter, may be converted into and used as a dwelling unit for rent, when approved as a special exception by the Zoning Hearing Board in accordance with the terms of Article XXI of this chapter and with the following stipulations:

(1) The ADU may be located in the principal dwelling or in a structure which is accessory to the principal dwelling and is located on the same single-family residential lot.

(2) A detached ADU shall meet setbacks for an accessory structure for the zoning district in which it is located.

(3) The minimum size of the ADU shall be 500 square feet, the maximum size shall be no greater than 50% of the footprint of the principal dwelling.

(4) The height of the ADU shall not exceed the height of the principal dwelling.

(5) There shall not be more than one accessory dwelling unit created on any single-family residential lot.

(6) One of the two dwelling units (either the principal or the accessory) shall be occupied by the owner of the property, or a family member of the owner of the lot on which both dwelling units are located.

(7) At least one paved off-street parking space shall be required for the accessory dwelling unit in addition to those required for the principal dwelling. The additional parking space(s) shall not be located within any required setback area.

(8) Utility billing for the property shall remain under the name of the property owner.

(9) No other alterations to the exterior of the structure shall be permitted unless necessary for health or safety reasons.

(10) Except where public sewer is available, the applicant shall submit to the Township a permit for an on-site sewage disposal system issued by the Chester County Health Department, certifying that the sewage disposal facilities are adequate for the projected number of residents. Where the existing on-site system is found to be inadequate, by the Department, to serve the projected demand, no approval shall be given for the accessory dwelling unit until the system is improved to meet Health Department requirements and a permit is issued by the Department.

(11) To ensure compliance with this chapter, a site plan shall be submitted, accurately drawn to scale, indicating the location and size of the existing and proposed dwelling units, parking areas and any proposed exterior alterations.

(12) All accessory dwelling units in the Township shall be subject to the requirements of §§ 170-2004, 170-2005 and 170-2006 relating to use and occupancy permits.

(13) The rental dwelling unit shall not be occupied by more than one family per dwelling unit, which shall consist entirely of individuals who are related to one another as defined under "members of the same family."