The following shall apply to all zoning districts.
On a corner lot or at a point of entry on a public road, nothing shall
be erected, placed or allowed to grow in a manner which obscures vision
above the height of 2 1/2 feet, measured from the center-line
grades of the intersecting streets, and within the area bounded by
the street lines of such corner lots and a line joining points on
these street lines 25 feet from their intersection.
The following shall apply to all residential
districts:
[Amended 7-7-1987 by Ord. No. 9-1987; 10-25-1994 by Ord. No.
3-1994]
The following regulations shall apply to all
zoning districts, except as otherwise limited as specified in this
section. Otherwise, all required yards shall be and remain unobstructed,
except as herein specified:
A.
A patio, terrace, deck or unroofed porch may project into a rear yard, provided that it is set back a minimum of 15 feet from the adjacent property line in the R-3, Residential District, the R-3C Residential Infill Development and the R-4 Residential Districts and a minimum of 25 feet from the adjacent property line in the R-2 Residential District. A patio, terrace, deck or unroofed porch may be built in the R-3B Flexible Design Conservation District pursuant to the standards in § 84-14.6B(11). On a parcel defined as a through lot, a patio, terrace, deck or unroofed porch may be located behind the principal structure, provided that it conforms to the minimum set back criteria as required by this section.
[Amended 6-15-2021 by Ord. No. 7-2021]
B.
An open fire escape may project not more than six
feet into any side or rear yard.
C.
The overhang or eave of a roof may project a maximum
of two feet into any yard. A roof not to exceed 20 square feet over
an entrance or exit door may project into any yard.
D.
In the R-2, R-3 and R-4 Residential Districts, one shed may be located within a required rear yard or side yard but not in a front yard or within the required building setback line, provided that it shall be set back a minimum of six feet from the side or rear property line. A permit shall be required per § 84-67A of this chapter.
E.
In any district in which either a gasoline service
station or other use which includes, as an integral part thereof,
the retail sale and dispensing of gasoline through full service or
self-service metered gasoline pumps is a permitted use, whether by
right, special exception or conditional use, the overhang of a canopy,
as herein defined, designed and intended to provide a permanent cover
over the gasoline pump islands to protect customers and their vehicles
positioned there for service from inclement weather may encroach into
the front yard within the required building setback area, provided
that the leading edge or facade of the overhang shall be set back
not less than 10 feet from the nearest edge of the street right-of-way.
The supporting structure of the overhang shall be set back as required
by the applicable district regulations for gasoline pumps. For purposes
of this regulation, the leading edge or facade of the canopy is the
outside face or edge of that part of the canopy which is parallel
to the right-of-way, a canopy is a permanent, roof-like structure
without walls permanently attached by posts or columns to the ground
and the overhang is that part of the canopy which extends beyond the
district's minimum building setback.
[Added 3-26-1997 by Ord. No. 5-1997]
F.
In the I-C Industrial-Commercial District, noise barriers may be permitted in required yards, except front yards, between any industrial use permitted by § 84-41A(1) through (4) and a residential use located within the district, when approved as a conditional use, as determined necessary and appropriate by the Board for noise abatement, subject to the following regulations:
[Added 2-9-2005 by Ord. No. 4-2005]
(1)
The structures shall be set back a minimum of 10 feet
from the contiguous lot line or street right-of-way.
(2)
The sound barrier structures shall comply with standards
for such structures promulgated by the Pennsylvania Department of
Transportation, but shall not exceed 12 feet in height measured from
the undisturbed ground level.
G.
Fences.
[Added 6-28-2006 by Ord. No. 6-2006;
amended 12-9-2015 by Ord. No. 9-2015; 11-1-2022 by Ord. No. 6-2022]
(2)
Notwithstanding Subsection G(1) above, fences may be erected in the required front yard of a through lot, provided they meet the following criteria:
(a)
The fence does not exceed six feet in height.
(b)
The fence shall be constructed of a solid wood or vinyl material.
(c)
The fence shall be erected in the rear of the dwelling on a
through lot that adjoins one of the following streets: Pottstown Pike,
Paoli Pike, West Chester Pike, U.S. Route 322 and U.S. Route 202.
(d)
The fence shall be erected outside of the existing right-of-way.
H.
Walls.
[Added 6-28-2006 by Ord. No. 6-2006]
(1)
Freestanding walls shall not be permitted in the required
front yard area. Retaining walls with a height as approved by the
Township Engineer may be permitted in the required front yard, provided
the following criteria are met:
(a)
The height of a retaining wall which is built
in the required front yard must be approved by the Township Engineer,
provided that the maximum height of a retaining wall in the required
front yard is four feet.
(b)
The retaining wall is erected in a location
which does not obstruct clear site and is located a minimum of 10
feet from the right-of-way.
(2)
Freestanding walls and retaining walls may be built
in the required side and rear yard, provided that they do not exceed
four feet in height unless a height greater than four feet is approved
by the Township Engineer. The Township Engineer may approve a freestanding
wall or retaining wall which is greater than four feet in height in
the required side or rear yard area, provided the wall is necessary
for health and safety or must be installed to address issues with
regard to the topography of the site.
[Amended 5-8-1990 by Ord. No. 3-1990; 9-11-2002 by Ord. No. 10-2002]
A.
Unless specifically permitted, no building or structure
shall exceed the maximum height of buildings specified in this chapter,
except that the regulations shall not apply to steeples or other decorative
elements of buildings used for religious purposes, such as domes,
spires and minarets, which are usually placed above the roof level
and are not intended for human occupancy.
[Amended 6-15-2021 by Ord. No. 7-2021]
B.
Structures such as flagpoles, water towers and silos (but specifically
excluding windmills and solar energy collectors) shall be subject
to and shall not exceed the maximum permitted building height unless
a special exception is granted by the Zoning Hearing Board and the
Board affirmatively finds that such structure is proposed, designed,
intended and limited in use only to such purpose. In such case, the
Board may approve such increased height as is proven by the applicant
to be warranted by the functional needs of the structure, subject
to such reasonable limitations and conditions as the Board shall impose;
provided, the height allowed by the Board shall not exceed two times
the permitted building height absent the Board's granting of a variance.
Provided further, no structure shall significantly impair solar access
of adjacent buildings or solar collection locations.
[Amended 4-25-2012 by Ord. No. 04-2012]
Junkyards, as defined by this chapter, shall
be prohibited in all residential and commercial districts.
Agriculture, farmhouses and usual farm buildings
shall be permitted without restriction except as follows:
A.
The minimum size of a farm shall be three acres.
B.
Farm buildings shall not be constructed closer than
85 feet to a front property line nor closer than 100 feet to a side
or rear property line.
C.
No farmhouse shall be constructed closer than 75 feet
to such lines.
D.
No barn or manure storage shall be established closer
than 100 feet to any property line.
E.
There shall be no more than one additional dwelling
for each 10 acres of farm.
F.
Silos and bulk bins shall be exempted when attached
to an existing building.
G.
All other new construction, including structures for
temporary storage of feed, shall conform to setback requirements.
House trailers may not be used for business
or residential purposes except in trailer camps legally operated;
when in transit (and then for not more than eight hours); or on special
permit for temporary use as an office at construction sites (limited
to six months' use).
[Amended 2-26-1980 by Ord. No. 2-1980; 8-20-1985 by Ord. No.
14-1985]
A.
Purposes. The purposes of this section are to promote,
protect and preserve the public health, safety and general welfare
of the citizens of West Goshen Township in accordance with the following
objectives:
(1)
To control the size, location and illumination of
signs in the Township in order to reduce hazards to pedestrian and
vehicular traffic.
(2)
To encourage signs which are well designed and pleasing
in appearance and to provide incentive and latitude for variety, in
order to enhance the economic value as well as the visual character
of the Township.
(3)
To establish criteria designed to encourage signs
which are compatible with their surroundings, appropriate to the type
of activity to which they pertain, expressive of the identity of individual
proprietors and legible in the circumstances in which they are seen.
(4)
To prohibit sign or advertising distractions and obstructions
that may contribute to traffic accidents or hazards caused by signs
overhanging or projecting over public rights-of-way.
(5)
To prohibit the construction of and provide for the
removal of signs which constitute a hazardous or blighting influence.
(6)
To establish criteria for the regulation of billboards
along Route 202, to prevent the proliferation of billboards within
the Township and to provide for a maximum area for billboards sufficient
to allow motorists in vehicles on Route 202 to safely detect, read
and react to messages set forth thereon.
[Amended 1-24-2007 by Ord. No. 3-2007]
|
A.1.
|
Legislative findings. The Board of Supervisors,
having studied and considered fully various information and data with
regard to the nature and character of the Township including, without
limitation, that certain report by the Township's Special Traffic
Consultant, Traffic Planning and Design, Inc., entitled "Billboard
Ordinance Review TPD No. WGOT.A.00004," finds as follows:
[Added 1-24-2007 by Ord. No. 3-2007] | |
|
(1)
|
The Township is primarily residential in nature
with long established and centralized commercial and industrial areas.
| |
|
(2)
|
The Township is traversed by U.S. Route 202
from the Township's southwestern border with the Township of Westtown
to a point on the Township's eastern border with the Township of East
Goshen.
| |
|
(3)
|
U.S. Route 202 is a primary regional roadway
with not less than six grade-separated interchanges and one signalized
four-way intersection along its course through the Township.
| |
|
(4)
|
Within the Township, and due in part to the
presence of the aforementioned interchanges and intersection, traffic
traveling on U.S. Route 202 proceeds at a rate of speed slower than
traffic on portions of that roadway outside of the Township.
| |
|
(5)
|
Approximately 45,000 vehicles per day utilize
U.S. Route 202 at its point of intersection with Matlack Street.
| |
|
(6)
|
Industrially zoned properties in the Township
with frontage on U.S. Route 202 are logical and proper places within
the Township at which billboards may be located.
| |
|
(7)
|
Outdoor signs, including billboards, are important
and valuable tools by which individuals, companies and other organizations
communicate commercial and noncommercial messages to the general public.
| |
|
(8)
|
Notwithstanding their function and regardless
of the content of the messages displayed thereon, outdoor signs, including
billboards, have adverse secondary effects upon the communities in
which the same are located, including, without limitation, detracting
from the aesthetic value of such communities and creating the potential
for traffic hazards.
| |
|
(9)
|
The proliferation of outdoor signs within the
Township, including billboards, would have the effect of cluttering
viewscapes from public roadways and would have adverse effects upon
the aesthetic values of properties within the Township.
| |
|
(10)
|
The Board of Supervisors has a significant government
interest in preserving the aesthetic values of the Township and properties
located in the Township, including, without limitation, viewscapes
from public roadways.
| |
|
(11)
|
The Board of Supervisors has a significant government
interest in preventing the cluttering effect that would result from
the proliferation of outdoor signs.
| |
|
(12)
|
The Board of Supervisors has a significant government
interest in preventing the creation of dangerous traffic-related conditions.
| |
|
(13)
|
The proliferation of outdoor signs within the
Township, including billboards, would have the effect of distracting
motorists, and such signs, if too small or too large in size, would
create the potential for motorists to direct their attention away
from the roadway in order to safely detect, read and react to messages
set forth on such signs.
| |
|
(14)
|
The regulations set forth at § 84-52 of the Zoning Chapter are narrowly tailored to serve the Board of Supervisors' significant government interests.
| |
|
(15)
|
Though the regulations set forth at § 84-52 of the Zoning Chapter operate to prohibit certain off-site signs, the Board of Supervisors does not intend to, and by § 84-52 of the Zoning Chapter does not, regulate the content of the messages displayed on signs within the Township including, without limitation, billboards.
| |
|
(16)
|
Notwithstanding the immediately preceding subsection, to the extent that the regulations set forth at § 84-52 of the Zoning Chapter operate to regulate the content of messages displayed on signs within the Township, such is declared to be an unintended secondary effect of such regulations and, in any event, the Board of Supervisors finds that ample alternative channels exist within the Township for such content, including, without limitation, local cable and broadcast television, local print media and radio.
| |
|
(17)
|
The Board of Supervisors incorporates herein
that certain report by the Township's Special Traffic Consultant,
Traffic Planning and Design, Inc., dated July 5, 2006, and entitled
"Billboard Ordinance Review TPD# WGOT.A.00004" as if the same were
set forth here in its entirety.
| |
B.
Word usage and definitions.
(1)
ADDRESS
BALLOON
BANNER
BILLBOARD
(a)
(b)
(c)
(d)
(e)
(f)
(g)
[1]
[2]
[3]
(h)
[1]
[2]
[3]
BILLBOARD AREA
BILLBOARD STRUCTURE
BUSINESS
BUS SHELTER SIGNS
CANOPY
(a)
(b)
(c)
(d)
(e)
CHANGEABLE COPY
CHANGING IMAGE SIGN
CONSTRUCTION
DIRECTIONAL
DIRECTORY
FLAG
FREESTANDING SIGN
(a)
(b)
HEIGHT
HOME OCCUPATION
INDUSTRIAL
INSTITUTIONAL
MEASUREMENT OF AREA AND HEIGHT OF A SIGN
MULTISIDED SIGN
OFFICE
OFFICIAL
OFF-SITE SIGN
(a)
(b)
(c)
(d)
(e)
(f)
PLACE
POLE SIGN
POLITICAL SIGN
PROHIBITED SIGNS
(a)
(b)
(c)
(d)
PUBLIC INFORMATION DIRECTIONAL
(a)
(b)
(c)
REAL ESTATE
ROOF
SIGN, GENERAL
SPECIAL EVENT
SPORTS FACILITIES BUSINESS SIGNS
STREAMER
TEMPORARY SIGN
WALL
WINDOW
WINDOW SIGN
For the purposes of this chapter, the terms and regulations
used to identify and regulate sign types are herein described as follows:
[Amended 12-13-1988 by Ord. No. 10-1988; 5-14-1996 by Ord. No. 3-1996; 10-22-2004 by Ord. No. 22-2004; 12-8-2004 by Ord. No. 24-2004]
A sign identifying a dwelling, building or lot number and/or the occupant thereof. (Refer to § 54-6 of the West Goshen Code.)
An air- or gas-filled device designed to attract attention.
The height of such device shall not exceed 10 feet.
A sign consisting of lightweight, flexible material that
is supported by frame, rope, wires or other anchoring devices, which
may or may not include copy, logo or graphic symbols. Banners across
streets, alleys, and other public rights-of-way shall be permitted
to promote community events or charitable, educational, fraternal,
civic or service organizations (permitted banners). Banners to promote
business or other commercial enterprises are prohibited. Permitted
banners are subject to the following provisions:
A type of off-site sign, or part thereof, rectangular in
shape and displayed outdoors or visible from a public roadway and
which is used to advertise, identify, display, direct or attract attention
to an object, person, institution, organization, business, product,
service, event, location or political or ideological position or to
express a point of view by any means, including words, letters, figures,
designs, symbols, pictures, images (projected or otherwise), advertising
flags, fixtures, colors or illuminations. Each substantially different
face of a billboard structure shall constitute a separate billboard.
Billboards do not include on-premises signs.
[Amended 1-24-2007 by Ord. No. 3-2007]
Where allowed. Billboards shall be allowed only by conditional use pursuant to § 84-74 of this Zoning Chapter in the I-1 Campus Light Industrial District and the I-2 Light Industrial District along the limited access Route 202 highway corridor (West Chester Bypass) from Route 202's inception at its point of connection with South High Street (SR322) to a terminus point located at the Route 202 northbound on-ramp at Boot Road.
Billboard area. No billboard shall have an area greater than 300 square feet. Only one billboard shall be permitted on each billboard structure. No billboard shall be entitled to be increased in area pursuant to the criteria for bonus sign area otherwise provided for in § 84-52S.
Multisided billboards prohibited. No billboard
structure shall have more than one billboard mounted thereon. That
is, no more than one side of any billboard structure shall have any
message or advertisement set forth thereon. Furthermore, the face
of any billboard on which any message or advertisement is set forth
shall be oriented and maintained at an angle of not less than 45°
to the legal right-of-way line of U.S. Route 202 and shall face the
oncoming flow of traffic on that side of U.S. Route 202 on which the
billboard structure is erected.
Height. The top of any billboard shall not be
greater than 25 feet above the grade of the cartway of U.S. Route
202 at the closest point of the cartway parallel to the center point
of the face of the billboard.
Setback from Route 202 right-of-way: 25 feet.
Spacing. Measurements shall be made parallel
to Route 202 between perpendiculars extended from the billboard locations
in question.
Billboards per property.
Between billboards. No billboard shall be erected
or located within 2,000 linear feet of an existing billboard on either
side of the highway.
From intersections and ramps. No billboard shall
be erected or located within 200 feet of an intersection at grade
with Route 202 or within 200 feet of any on-ramp to or off-ramp from
Route 202.
From residential districts. No billboard shall
be located within 1,000 feet of any residential zoning district.
Lighting.
Billboard signs shall be externally lit only.
Lighting shall comply with the Illuminating
Engineering Society of North America's (IESNA) recommended practices
and criteria in the IESNA Lighting Handbook, including but not limited
to criteria for full-cutoff fixtures. Fixtures shall be equipped with
or be capable of being backfitted with light-directing devices such
as shields, visors or hoods when necessary to redirect offending light
distribution. All lighting shall be aimed, located, designed, fitted
and maintained so as not to project or reflect light onto a neighboring
use or property or Route 202 or nearby intersecting road. If adjacent
to a residential zoning district, the sign shall be lit only from
dusk to 10:00 p.m. All lighting fixtures shall be equipped with devices
which automatically extinguish the lighting at 10:00 p.m.
Signs or component parts thereof that flash,
blink, move, rotate, oscillate, or turn on or off intermittently,
or which outline the billboard by illuminated tubing, strings of light,
or other means, shall be prohibited.
The facing of a billboard, including copy, insignia, background,
structural supports, and border and trim. The measurement shall be
determined by the smallest rectangle inclusive of all letters and
images. The structural supports shall be excluded if they do not constitute
a major part of the billboard or if the structure is not used to identify
or attract attention to an object, person, institution, organization,
business, product, service, event or location, or to express a point
of view.
The frame and support assembly upon which a billboard is
mounted or to which a billboard is attached, including, without limitation,
all pylons set into the ground surface. No portion of any billboard
structure shall extend beyond the face of the billboard that is mounted
thereon. Furthermore, no billboard structure shall be permitted to
remain standing for a period of more than 15 consecutive days without
a billboard being mounted thereon.
[Added 1-24-2007 by Ord. No. 3-2007]
A sign identifying an establishment which sells a product
or provides a service or entertainment to the general public as distinguished
from a sign identifying places, institutions or offices.
Business signs attached to the sides of public transportation
bus shelters erected and maintained for the comfort and protection
of the traveling public and located within PennDot rights-of-way.
No more than two signs each measuring a maximum of 24 square feet
in area shall be permitted on one bus shelter.
[Added 5-14-1996 by Ord. No. 3-1996]
A permanent structure other than an awning made of cloth,
metal or other material attached or unattached to a building for the
purpose of providing shelter to patrons or automobiles. A canopy is
not a completely enclosed structure.
Canopy signs are permitted only in conjunction
with gasoline service stations and similar commercial uses where the
canopy is required to provide cover for outdoor equipment and service
area.
No more than one canopy sign shall be allowed
per canopy face and no more than two such signs per canopy shall be
permitted.
No part of the canopy sign shall be less than
12 feet nor more than 20 feet above ground level.
A canopy sign may not encroach in the respective
zoning district's minimum required yard area.
The area of a canopy sign shall not exceed 20%
of the area of the canopy face or 50 square feet, whichever is less.
Copy containing or displaying letters, numbers, or graphics
which is designed to be readily changed, either manually, electronically,
or through mechanical means (e.g., animated signs with changeable
letters).
Any sign, display, device, or portions thereof which is designed
to have the capability of movement or give the semblance of movement
of the whole or any part of the sign or that displays any artificial
light which is not maintained stationary or constant in intensity
and color at all times when such signs are in use or, through some
other automated method, results in movement, the appearance of movement
or change of sign image or text. Such signs include but are not limited
to electronic signs including LED, LCD, video or other automatic changeable
display, rotating and revolving signs, readerboard signs, flashing
signs, and wind driven signs including flags, pennants, and streamers.
A sign identifying the architect(s), engineer(s), real estate
broker and/or contractor(s) involved in construction and/or renovation
on the property. Such sign shall be removed immediately upon completion
of work.
[Amended 8-17-2021 by Ord. No. 12-2021]
An outdoor sign which guides, instructs or directs people
to a place or event located on the same lot. If directional signs
are part of or related to a special event, such signs shall be temporary
and contain no advertising and shall require a special permit from
the Zoning Officer.
A sign identifying two or more persons, agencies or establishments
located in a place or location common to them all.
A piece of fabric or other material of distinctive design
that is used as a symbol of an organization or entity, nation, state,
municipality, agency or corporation and which is usually displayed
hanging free from a permanent pole.
A sign and supporting structure which is secured to the ground
and independent of any building, fence or other support. For the purpose
of this definition, freestanding signs may consist of the following:
GROUND-MOUNTEDAny sign that is not affixed or attached to a building, and is securely and permanently mounted on the ground at grade level which has a support which places the bottom of the sign less than two feet from grade.
POLEA sign which is detached from a building and supported by more than two poles or other structural supports which are architecturally dissimilar to the design of the sign.
The vertical distance measured from the undisturbed grade
at the edge of the adjacent right-of-way to the highest point of the
sign. In the case of off-site signs, it is the vertical distance measured
from the undisturbed grade at the edge of the adjacent right-of-way
to the highest point of the sign.
A sign that identifies only the name and/or occupation of
one conducting a permitted home occupation in a dwelling.
A sign identifying an establishment involved in any production,
processing, cleaning, testing, repair, storage and distribution of
materials, goods, foodstuffs and products, not involving a retail
activity on the lot.
A sign identifying a club, association, school, hospital,
church, nursing home, firehouse, care facility, boarding- or rooming
house, institution, cemetery or similar use.
For purposes of the determination of the permissible area
of a sign under the provisions of this chapter, the area shall be
taken as that of the smallest imaginary rectangle whose sides would
touch the outer boundaries of the sign. Supports which are structural
in nature and which convey no message shall be excluded from the area
of the sign. In the case of a wall sign, where components are fastened
to or painted on a wall within a distinctive panel clearly different
in color and/or texture from the surrounding wall, the size shall
be based on the dimensions of the panel. The height of a sign is the
vertical distance measured from ground level to the highest point
on the sign itself and/or its supporting structure.
A sign constructed as a plane with a message on two opposing
sides spaced less than one foot apart may have the full permissible
design area for each face. Where a sign consists of two or more faces,
not placed back to back and parallel, no face shall exceed 1/2 the
permissible area specified for a sign. Furthermore, the sum of the
areas of all faces shall not exceed twice the permissible area.
A sign identifying any office building or use.
Those signs erected by the United States Government, the
Commonwealth of Pennsylvania, the County 0f Chester or the Township
of West Goshen which are designed to regulate, direct or inform the
public.
Also known as an "off-premises sign," it is a sign, other than a billboard sign, referring to a business, industry, event or institution on a lot other than that on which the sign is located. (See § 84-52T, Special provisions.) One sign, containing only the name of a business, industry, event or institution and directional information or directional symbols, may be permitted on a lot other than the lot on which such entity is located with the approval of the Planning Commission and Zoning Officer if:
The sign is limited to two square feet.
The lot on which the entity is located is on
a minor street and does not abut a major or collector street.
The entity would not be readily located by the
public without such sign.
Only one such sign may be permitted for each
entity, and only one such sign may be located on any single lot.
The lot on which the sign is located is zoned
either commercial or industrial, and written permission from the owner
of same is presented to the Zoning Officer.
The foregoing restrictions shall not apply to
political signs.
[Added 1-24-2007 by Ord. No. 3-2007]
A sign identifying a community, residential development,
public facility or historic facility.
A sign that is mounted on or suspended from a freestanding
pole, lamppost, or column located in or upon the ground surface to
which it is attached.
[Added 10-3-2022 by Ord. No. 5-2022]
A type of off-site sign on which there is displayed the name
of a candidate for public office, protected political speech under
the First Amendment of the United States Constitution, or an office
in a political party registered with an appropriate electoral or governmental
entity, such as the County of Chester Board of Elections and/or the
Commonwealth of Pennsylvania Department of State; a political party
registered with an appropriate electoral or governmental entity, such
as the County of Chester Board of Elections and/or the Commonwealth
of Pennsylvania Department of State; and/or an issue to be voted upon
in plebiscite or referendum at an election scheduled and to be administered
by the County of Chester Board of Elections or its successor entity.
[Added 1-24-2007 by Ord. No. 3-2007;
amended 2-19-2019 by Ord. No. 1-2019; 5-4-2021 by Ord. No. 6-2021]
Any sign that is not permitted by the provisions of this
section is hereby prohibited, with the following signs specifically
prohibited:
Signs that flash, move, rotate, oscillate or
which outline the rooflines, doors, windows or wall edges by illuminated
tubing or strings of light for advertising purposes.
Signs, other than utility or municipal, attached
to a utility pole, parking meter, traffic sign post, traffic signal
or control device, street sign, or historical marker.
Pennants, streamers, or similar devices constructed
of cloth, light fabric, plastic, cardboard or other like material,
or whirling or similar lighting devices, or searchlights displayed
for the purposes of attracting the attention of pedestrians and motorists
outside a building, except where such use is authorized by permit
on a temporary basis.
Inflatable balloons and similar devices intended
to attract attention, except where such use is authorized on a temporary
basis.
A sign containing a cautionary message, such
as "Beware of Dog," "No Trespassing" or other similar cautions.
A sign designating rest rooms, telephone or
similar public conveniences.
A sign designating handicapped parking, loading
docks, no parking, entrance, exit or similar directional information.
A temporary sign indicating exclusively the sale, rental,
lease or development of the property on which it is located.
Any sign erected wholly upon or over the roof of any building
or structure, with the principal support on the roof surface.
Any name, nameplate, emblem, painting, banner, pennant, placard,
billboard, poster, panel display, illustration, structure or other
device, illuminated or nonilluminated, used for visual communication,
which is affixed in any way, painted or represented, directly or indirectly,
upon a building or other outdoor surface or on the interior of a building
visible from the exterior, advertising a business, commodity, product,
service, person, firm, company or direction or identifying a business,
structure or the use of land, for the purpose of bringing the subject
thereof to the attention of passersby.
A sign identifying a grand opening, parade, festival, fund
drive or similar occasion.
Business signs located within a football stadium, baseball
field or similar playing fields owned or operated by a not-for-profit
organization or entity, advertising a business, service, product,
organization or entity, the proceeds from the rental of which are
used and expended to support the programs and objectives of such not-for-profit
organization or entity. No more than one sign measuring a maximum
of 16 square feet in area shall be permitted for each 500 square feet
of playing field or ground floor stadium area. Such signs may be located
on walls, fences, light poles and scoreboards but shall not be mounted
on roofs nor be freestanding.
[Added 5-14-1996 by Ord. No. 3-1996]
A long narrow flag, banner, tinsel or roping which is hung
or strung from any structure.
Any sign erected for a period of time not to exceed 30 consecutive
days in any one calendar year. A political sign shall not be considered
a temporary sign pursuant to this chapter.
[Amended 5-4-2021 by Ord. No. 6-2021]
One of the sides or surfaces of a building or structure connecting
the foundation and roof, which side or surface is not more than 15°
from the vertical. All materials comprising the "wall," including
window and door areas, shall comprise a part of the wall surface.
[Amended 12-13-1988 by Ord. No. 10-1988]
Any translucent and/or transparent surface, whether or not
any such surface can be opened.
[Amended 12-13-1988 by Ord. No. 10-1988]
Any sign affixed to or painted upon the interior or exterior
surface of a window. or otherwise displayed, whether self-standing,
hanging or mounted, in such proximity to the window as to be predominantly
visible from the exterior of the building or structure.
[Added 12-13-1988 by Ord. No. 10-1988]
C.
Permits required. Except for signs that are exempt pursuant to § 84-52Q below, it shall be unlawful for any person to erect, install, replace, alter, relocate or maintain within the Township any sign or other advertising structure without first obtaining a sign permit from the Zoning Officer.
[Amended 5-4-2021 by Ord. No. 6-2021]
D.
Application for sign permit. Application for a sign permit required by Subsection C shall be made upon forms available from the Zoning Officer and shall, at a minimum, require the following information:
(1)
Name, address and telephone number of the applicant.
(2)
Location of the building, structure or lot to which
the application pertains.
(3)
Position of the sign in relation to nearby buildings,
structures and lot lines.
(4)
Two blueprints or ink drawings containing the plans,
specifications and description of the construction materials, methods
of attachment or installation of the sign or the method of anchorage
to the ground.
(5)
Copy of stress sheets and calculations demonstrating
that the structure is designed for dead load and wind pressure in
any direction in the amount required by this chapter and all other
laws and ordinances of the Township.
(6)
Name, address and telephone number of the person erecting
the sign.
(7)
Written consent of the owner of the building, structure
or land to which or on which the sign is erected.
(8)
A copy of the electrical permit required and issued
for the proposed sign, if any.
(9)
Such other information as the Zoning Officer shall
require to demonstrate full compliance with this and all other applicable
laws and ordinances of the Township.
E.
Illuminated and electrified signs. Any sign illuminated or otherwise electrical shall be subject to the National Electrical Code and an electrical inspection by an approved electrical inspection agency pursuant to Chapter 39. The electrical inspection fee shall be borne by the applicant.
F.
Permit number, date and voltage to be placed on each
sign. Each sign hereafter erected shall have permanently painted or
affixed in a conspicuous place thereon, in letters not less than one
inch in height, the date of erection, the permit number and, if electrified,
the voltage of any electrical apparatus used in conjunction therewith.
G.
Wind pressure and dead load elements. All signs and
their supporting structures shall be designed and constructed:
H.
Face of sign to be smooth. All signs which are constructed
along the side of a street right-of-way or within five feet thereof
shall have a smooth surface, and no nails, tacks, wires or other similar
parts shall be permitted to protrude therefrom, except electrical
reflectors and devices attached to the signs.
I.
Signs not to constitute traffic hazard. No sign or
supporting structure shall be erected at or near the intersection
of any streets in such a manner as to obstruct the free and clear
vision of the traveling public or at any location where, by reason
of its position, shape or color, it may interfere with, obstruct the
view of or be confused by the traveling public with any authorized
traffic sign, signal or device; or which is a flashing or moving sign;
or which makes use of the words "stop," "look," "drive-in," "danger,"
or any other word, phrase, symbol or character which may reasonably
be expected to interfere with, mislead or confuse operators of motor
vehicles.
J.
Gooseneck reflectors. Gooseneck reflectors and lights
shall be permitted on freestanding signs, roof signs and wall signs;
provided, however, that the reflectors shall be equipped with proper
lenses concentrating the illumination upon the area of the sign only
in such manner as to prevent glare upon adjacent public or private
rights-of-way or other property.
K.
Obstructions to doors, windows or fire escapes. No
sign shall be erected, relocated or maintained so as to prevent free
ingress to or egress from any door, window or fire escape.
L.
Maintenance and construction of sign. Every sign permitted,
except temporary signs, shall be constructed of durable material and
kept in good condition and repair. Any sign which is allowed to become
dilapidated, in the judgment of the Zoning Officer, shall be removed
by the Township at the expense of the owner or lessee of the property
on which it is located if the sign is not removed by the latter within
10 days after due notice given by the Zoning Officer by registered
or certified mail to the owner or lessee of the property.
N.
Obscene matter prohibited. No sign shall be permitted
which contains obscene matter as defined in the Pennsylvania Crimes
Code.
O.
Unsafe and unlawful signs.
(1)
If the Building Inspector shall find that any sign
is unsafe or structurally unstable or is a menace to the public or
has been constructed or erected or is being maintained in violation
of the provisions of this chapter, he shall serve on the permittee,
owner, agent or person in control of the sign, either by certified
mail or by personal service, a written notice specifying the defects
and the required repairs or improvements necessary to be made to render
the sign in compliance or requiring the sign or a portion thereof
to be demolished within a stipulated time. If the person addressed
with such notice cannot be found or such notice delivered, a copy
of the notice shall be posted in a conspicuous place on the premises
on which the sign is located, and such procedure shall be deemed the
equivalent of personal notice.
(2)
Upon refusal or neglect of the person served with
such notice to comply with the requirements of the notice within the
period of 10 days from the date of the notice, the Township Solicitor
shall institute the appropriate action to compel compliance.
(3)
When, in the opinion of the Building Inspector, there
is actual and immediate danger of failure or collapse of the sign
or structure on which it is placed which would endanger life or be
a menace to members of the traveling public or constitute an attractive
nuisance creating the reasonable probability of danger, the Building
Inspector shall cause the necessary work to be done to render such
sign and/or structure or part thereof temporarily safe, whether or
not the legal procedure herein described has been instituted. For
purposes of this section, the Building Inspector is authorized to
employ the necessary labor and materials to perform the required work
as expeditiously as possible, including disassembly and/or removal
of the sign and structure.
(4)
Costs incurred in the performance of the work described
in this subsection shall be paid from the treasury of the Township
on certificate of the Building Inspector. Thereupon, the Township
Solicitor shall institute appropriate action against the owner of
the premises where the unsafe sign and structure is or was located
for the recovery of any and all such costs. including all necessary
labor and material costs. Such legal action may include, by way of
example and not by way of limitation, the filing of a legal court
action or the filing of a lien against the property.
P.
Removal of certain signs. Any sign now or hereafter
existing which no longer relates to a current activity conducted or
a product sold shall be taken down and removed by the owner, agent
or person having the beneficial use of the building or structure.
Upon such person's failing to comply with a removal notice from the
Building Inspector or Zoning Officer, the Building Inspector is hereby
authorized to cause removal of such sign, and any expense incident
thereto shall be paid by the owner of the land, building or structure
to which such sign is attached.
Q.
Exemptions. The provisions and regulations of this chapter shall apply to the following signs; provided, however, that such signs shall not be subject to the provisions of Subsections C and D:
(1)
Professional nameplates not exceeding one square foot
in area.
(2)
Bulletin boards not over eight square feet in area
located on the property of public, charitable or religious institutions,
one per property allowed.
(3)
Occupational signs denoting only the name and profession
of an occupant in a commercial building, public institutional building
or dwelling house and not exceeding two square feet in area.
(4)
Memorial signs or tablets or names of buildings and
date of erection when cut into any masonry surface or when constructed
of bronze or other noncombustible materials.
(5)
Official signs, legal notices, railroad crossing signs,
danger signs and such other temporary, emergency or nonadvertising
signs as may be approved by the Board of Supervisors.
(7)
Address, construction, home occupation, public information
and real estate signs.
(8)
Real estate signs: House-for-sale, open-house, and
new-residential-housing-development signs, provided such signs shall
not be illuminated.
[Added 10-22-2004 by Ord. No. 22-2004; amended 12-8-2004 by Ord. No. 24-2004]
(9)
Political
signs located in the right-of-way of a Township- or state-owned road,
provided that the area of any one political sign shall not exceed
three square feet. Political signs shall not be posted in public view
any earlier than the date that is 45 days prior to the date of the
election referenced therein or thereon (whether expressly or otherwise).
Political signs must be removed from public view within 15 days of
the close of polls with regard to such election. Illumination of political
signs is prohibited in all residential zoning districts.
[Added 5-4-2021 by Ord. No. 6-2021]
R.
Permissible number of signs.
(2)
Public information and directional signs: The number
shall be the minimum required to convey the essential information.
(3)
Place signs: two per lot.
(a)
Place signs in the R-3B District: A maximum of six place signs shall
be permitted per road entrance at an intersection with a major collector
street, provided that three of such place signs share the same supporting
structure; otherwise two place signs shall be permitted at such intersection.
A maximum of one additional place sign shall be permitted per road
entrance to a distinct interior community, residential development,
public facility or historic facility within a larger development tract
exclusive of any place sign permitted at a major collector road entrance.
All place signs shall be single-faced. Any illumination shall be concentrated
upon the area of the sign(s) only in such manner as to prevent glare
upon adjacent public or private rights-of-way or other property.
[Added 2-19-2019 by Ord.
No. 1-2019]
(4)
Home occupation signs: one per dwelling.
(5)
Institutional signs: two per institution.
(6)
Real estate signs, limited as follows:
[Amended 10-22-2004 by Ord. No. 22-2004; amended 12-8-2004 by Ord. No. 24-2004]
(a)
House-for-sale sign: one per property boundary
facing each separate abutting street. Off-site directional signs may
be posted at the intersection closest to the listed property on which
the house-for-sale sign is located and may be erected no earlier than
6:00 p.m. on Friday and must be removed by 6:00 p.m. on Sunday.
(b)
Open-house sign: one per property boundary facing
each separate abutting street. A maximum of two off-site directional
signs may be located at any one intersection, and on a straight-of-way
one sign may be erected per change of direction or per 1.0 mile. Signs
may contain any and all of the following information: development
name, name of real estate broker/agent or individual holding the open
house, and telephone number. Signs may be erected no earlier than
8:00 a.m. on the day of the open house and must be removed by 6:00
p.m. on the day of the open house.
(c)
New development sign: one per street entrance.
The sign may indicate that the tract is in the active process of securing
or has received subdivision and/or land development approval for residential
or nonresidential uses. Such signs may be posted no earlier than 6:00
p.m. on Friday and must be removed by 6:00 p.m. on Sunday.
(d)
The Township Zoning Officer, his/her designee,
the Streets Superintendent, Public Works Director and Public Works
employee are authorized to physically remove any such real estate
off-site directional sign remaining after the removal deadlines specified
above.
(e)
No such sign shall be located so as to obstruct
pedestrian or vehicular traffic, or obstruct vision of vehicular traffic,
nor shall any such sign be attached to a utility pole, official traffic
signpost or official street sign.
(7)
Construction: one per site.
(8)
Office signs: For a lot occupied by a single office,
one freestanding and one wall sign are permitted. Multiple occupancy
lots may have one freestanding sign identifying the complex plus one
freestanding or wall-mounted directory sign per building. Where individual
offices open to an exterior wall, each office may be identified by
an individual sign in letters not to exceed four inches in height.
(9)
Business and industrial signs: Where a single business
and/or industry occupies a single lot, three signs are permitted,
one of which may be freestanding. Where multiple businesses and/or
industries are located on the same lot but in attached buildings,
one freestanding sign is permitted. Additionally, one wall or roof
sign per business is permitted. Where multiple businesses and/or industries
are located in separate buildings on the same lot, up to three signs
per building may be permitted; provided, however, that the total number
of freestanding signs on the tract shall not exceed the lesser of
one per building or one per 200 feet of street frontage, whichever
is less. In each instance where the area of the exterior surface of
a wall is comprised of more than 30% of glass or other translucent
or transparent material, the maximum area of window sign coverage
shall be reduced from 20% to 10% of the area of the window.
[Amended 12-13-1988 by Ord. No. 10-1988]
(10)
Directory signs: one per building.
(11)
Special event: two per lot or one for every
10 acres of lot area,
S.
Criteria for bonus sign area.
(1)
To encourage design excellence, the maximum sign areas
for certain business, industrial and directory signs, as set forth
in the schedule of sign regulations,[3] may be increased by the percentages as provided herein.
A separate bonus is granted for compliance with each of the criteria,
and the area is cumulative, but the percentage increase is based on
the original sign area limitation.
[3]
Editor's Note: The schedule of sign regulations (Table 1) is included at the end of this chapter.
(2)
Freestanding signs may be increased as follows:
(a)
Twenty percent when the sign is constructed
of wood, in natural finish with only the lettering in other than natural
finish.
(b)
Ten percent when a directory sign utilizes uniform
coloring and lettering for all establishments listed in the directory.
(c)
Ten percent when the sign is installed in a
landscaped planter having an area four times the area of the resultant
sign.
(d)
Ten percent if the sign is designed to contain
only the identification of the establishment without advertisement
of any products sold on the premises.
T.
Special provisions.
(1)
No freestanding sign, other than official signs, shall
be nearer to the street right-of-way line or side or rear yard than
a distance equal to the height of the sign.
(2)
Adjacent signs readable from the same direction shall
be spaced at a distance of at least ten times their largest dimension.
(3)
Freestanding signs shall be erected within the limits of the front yard and side yard of the property to which they pertain. [Exception: See the definition of "off-site sign" in § 84-52B(1).]
(4)
Signs shall refer only to activities or articles on the premises on which the sign is located. [Exception: See the definitions of the terms "billboard" and "off-site sign" in § 84-52B(1).]
[Amended 10-22-2004 by Ord. No. 22-2004; 12-8-2004 by Ord. No. 24-2004]
(5)
Where any premises fronts on two streets or roads
which do not intersect and are approximately parallel, the owner or
user of such premises may have two freestanding ground-mounted signs
and one roof-mounted or wall sign.
(6)
Menu boards, bills of fare or price lists may be freestanding
or wall-mounted. They may not exceed 24 square feet in area; and numbers
and letters shall not exceed three inches in height. Signs shall be
located to the rear or side of an eating establishment. They shall
not be considered signs within the meaning of this article.
(7)
Special event signs are permitted for 30 days. A maximum
of three thirty-day periods shall be permitted per lot per year with
a thirty-day interval between periods. These signs shall require a
permit.
(8)
Real estate signs shall be removed within 90 days
for the sale or lease of the property to which they pertain or, in
the case of a development, within 90 days of the sale of the last
property in the development.
(9)
On a corner property where a premises fronts two intersecting
streets and access is provided for at a minimum of two separate locations
accessible and visible from each street, the owner or user of such
premises may have two wall or roof signs or any combination thereof,
one per each street on which the property fronts, not to exceed a
total of two signs. The combined square footage for both signs shall
not exceed the total square footage allowed for a wall sign.
[Added 10-22-2004 by Ord. No. 22-2004; amended 12-8-2004 by Ord. No. 24-2004]
(10)
Pole
signs shall be permitted only on lots within any subdistrict of the
Planned University Main Campus Overlay District (PUC) which are owned
by the Commonwealth of Pennsylvania, the University or an entity affiliated
with the University. Pole signs shall consist of lightweight, flexible
or fabric material containing copy, logo or graphic symbols on one
or both sides, supported by a frame or other attachment to the pole,
and shall not exceed 15 square feet in area. The pole shall be set
back a distance of not less than five feet from the cart-way of a
public or private street or pedestrian walkway.
[Added 10-3-2022 by Ord. No. 5-2022]
U.
Specifications for signs. (See Table 1.[4])
[4]
Editor's Note: Table 1 is included at the end of this chapter.
[Added 3-10-1999 by Ord. No. 2-1999;
amended 4-25-2012 by Ord. No. 04-2012]
In any district in which any provision of this
chapter allows retail sales as a lawful accessory use, the following
regulations shall apply:
A.
Retail sales shall not exceed more than 1O% of the
total wholesale sales of the principal use.
B.
The authorization to conduct retail sales shall be subject to and conditioned upon the issuance of an initial permit, which shall be renewed annually by the owner of the principal use upon submission of proof of compliance with the ten-percent limitation imposed by Subsection A of this section. The fees for issuance and renewal of the permit shall be set by resolution of the Board. This limitation shall not apply to approvals granted by the Zoning Hearing Board prior to the effective date of this section or to a lawful nonconforming accessory use retail activity otherwise regulated by this section which existed prior to the effective date of this chapter.
C.
The display and sales area of the building devoted
to retail sales shall not exceed 10% of the total floor area of the
business, exclusive of areas devoted to or used for production, processing,
merchandise and raw materials storage, or 500 square feet, whichever
is less.
D.
No exterior sign advertising retail sales shall be
permitted on the premises.
E.
No exterior display of merchandise or products offered
for sale at retail shall be permitted unless they are also sold at
wholesale and such exterior display is permitted by this chapter.
F.
There shall be no change or alteration in the existing
outside appearance of the building or premises resulting from the
allowance of retail sales nor shall there be any other visible exterior
evidence of retail sales activities.
[1]
Editor's Note: Former § 84-53, Floodway
controls, was repealed 5-12-1987 by Ord. No. 6-1987.
[Amended 1-14-1986 by Ord. No. 2-1986]
A.
Purpose and intent. It is the intent of this section
to establish supplemental regulations to control the development of
areas containing steeply sloped land for the purpose and with the
intent of preserving and promoting the health, safety and general
welfare for the following purposes:
(1)
To minimize soil erosion and sedimentation.
(2)
To protect watersheds and limit increases in stormwater
runoff.
(3)
To protect residents of the Township from property
damage and personal injury caused by runoff, erosion and landslides
attributable to nearby development on steeply sloping land.
(4)
To protect the quality of stream water subject to
degradation by indiscriminate grading and development.
(5)
To protect the natural vegetative cover in steep slopes
and to maintain adequate foliage and vegetative cover thereon.
(6)
To protect streams from increases in sediment and
pollution.
(7)
To minimize the necessity for expenditure of Township
funds for corrective public works caused by soil erosion and subsidence,
sedimentation and landslides.
B.
IMPERVIOUS SURFACES
SLOPE
STEEP SLOPES
(1)
(2)
Definitions. As used in this section, the following
terms shall have the meanings indicated:
Surfaces that do not absorb water, including but not limited
to all buildings, parking areas, driveways, roads, sidewalks and areas
of concrete, nonporous asphalt or other material.
The ratio of the change in height over the horizontal distance
as measured between consecutive contour lines. Contour intervals shall
not exceed two feet.
PRECAUTIONARY STEEP SLOPESThose sloping 15 to 20 feet vertical over a distance of 100 feet horizontal or slope of 15% to 20% on the United States Geological Survey topographic maps or a topographical survey map prepared by a registered architect or engineer licensed to practice in the Commonwealth of Pennsylvania.
PROHIBITIVE STEEP SLOPESThose areas sloping with at least a six-foot vertical change in grade over a distance of 30 feet horizontal or greater than twenty-percent slope on the United States Geological Survey topographic maps or a topographical survey map prepared by a registered architect or engineer licensed to practice in the Commonwealth of Pennsylvania.
[Amended 10-27-1987 by Ord. No. 12-1987]
C.
Rules for interpretation of steep slopes. Steep slopes, as defined in Subsection B, and the extent thereof shall be determined by the Zoning Officer by scaling distances on the United States Geological Survey topographic maps or a topographical survey map prepared by a registered architect or engineer, where such interpretation is necessary. Initially and upon any appeal, the person contesting the location of the boundary of any such slopes, as determined by the Zoning Officer, or the slope as stated, shall have the burden of establishing that the land in question does not lie within the applicable steep slopes as defined in Subsection B(1) and (2).
D.
Plan requirements for precautionary steep slopes. Where any map identified in Subsection B(1) and (2) shows the existence of precautionary steep slopes, the applicant shall supply the following information prior to the issuance of any building permit or subdivision and land development approval:
(1)
Site plan of the property indicating the existing
grades with contour lines at two-foot intervals and proposed grades
within the area of the proposed construction.
(2)
Landscaping plan indicating proposed paved areas,
storm drainage facilities, retaining walls and ground cover, together
with trees and ornamental shrub locations.
(3)
Architectural plans, elevations and sections for all
permitted buildings, structures or construction, accompanied by a
drainage plan and an erosion and sedimentation control plan.
(4)
A plan, profile and typical cross sections of the
entrance drive and the proposed public street providing access to
such drive.
(5)
A plan for on-site sewage dispose facilities if connection
to a public sanitary sewer system is not contemplated.
(6)
A statement prepared, signed and sealed by a registered
architect or a licensed civil or structural engineer describing in
detail the building methods to be used in overcoming foundation and
other structural problems created by slope conditions, how the natural
slopes and watershed will be preserved substantially undisturbed,
the method proposed to prevent soil erosion and details of how overground
stormwater runoff and groundwater will be diverted away from all building
areas below finish grade.
E.
Limitation of construction on precautionary steep
slopes. The construction, erection and development of buildings or
structures on precautionary steep slopes shall be subject to the following
limitations:
(1)
The maximum impervious surface coverage in the precautionary steep
slopes shall be limited to 20% of the total area of precautionary
steep slopes on the lot.
[Amended 4-12-2017 by Ord. No. 1-2017]
(2)
If a driveway is to be located on a precautionary steep slope, a driveway grading plan shall be submitted for approval to the Zoning Officer and Township Engineer, subject to accepted-engineering criteria consistent with the other requirements of § 84-54. The grading plan shall be prepared by a licensed professional engineer and shall show existing and proposed contour grades at two-foot contour intervals within 25 feet of either side of the proposed driveway and the center-line profile of the driveway showing slopes and vertical alignment of the proposed driveway.
[Amended 1-28-1992 by Ord. No. 1-1992]
(3)
To minimize cutting or filling, all streets shall be placed as close to the natural contour of the lot as possible. Storm sewers, culverts, stormwater retention or detention structures and related installations shall comply with the applicable provisions of the West Goshen Township Subdivision and Land Development Ordinance codified in Chapter 72 of the West Goshen Code.
[Amended 1-28-1992 by Ord. No. 1-1992; 10-25-1994 by L.L. No. 3-1994]
(4)
The construction of all buildings, structures and
streets in precautionary steep slopes shall be preceded by the installation
of the proposed storm drainage and erosion control systems.
[Amended 1-28-1992 by Ord. No. 1-1992]
(5)
Where development is proposed on a single lot which
is located in an area not having a central storm drainage system,
runoff from impervious surfaces shall be diverted and carried to an
acceptable outlet by one or a combination of the following methods:
filtration beds, subsurface drywells, storm drainage systems and/or
underground conduit systems or other adequate and protected outlets
approved by the Township Engineer.
F.
Restriction of construction and uses on prohibitive
steep slopes.
(1)
There shall be no erection or construction of any building, structure, road, driveway, parking area or other similar structure or impervious surface on prohibitive steep slopes, except for one primary road which is designed and intended to serve as an access road to the subdivision or a driveway which is designed and intended to serve as sole access to a lot therein, provided that there is no other way to design access to the property or lot in compliance with this § 84-54 and the access is approved by the Board of Supervisors as part of the final subdivision or land development plan.
[Amended 10-27-1987 by Ord. No. 12-1987]
(2)
The uses permitted on prohibitive steep slopes shall
be limited to the following:
(a)
Open space reserved as part of a land development
so long as no more than 25% of the open space has a slope greater
than 25%.
(b)
Wildlife sanctuary, woodland preserve, arboretum
(exclusive of buildings or structures) and recreation areas (exclusive
of buildings or structures).
(c)
Tree farming, forestry and other agricultural
uses (exclusive of buildings or structures) when conducted according
to conservation measures approved by the Soil Conservation Service.
G.
Special exception uses on prohibitive steep slopes. The following uses shall be permitted as a special exception when authorized by the Zoning Hearing Board subject to the requirements of this section and § 84-72O. In addition to the criteria contained in the latter referenced section, the Board shall consider the extent to which the requested use will disrupt the stability of soils and natural vegetation and contribute to erosion before and after construction or installation of the permitted use. The Board shall attach such reasonable conditions as it determines necessary and reasonable in furthering the intent and purpose of this § 84-54.
(1)
Sealed public water supply wells that have been approved
by all regulatory agencies having jurisdiction.
(2)
Sanitary or storm sewers that have been approved by
all regulatory agencies having jurisdiction.
(3)
Access roads suitable for passage of emergency vehicles in the event of fire or accident. Such roads shall be constructed only when no viable alternative for emergency access exists, provided that all applicable requirements of Chapter 72, Subdivision of Land, of this Code are met and subject to approval by all regulatory authorities having jurisdiction.
H.
Liability. Neither the approval nor the granting of
any construction permit, subdivision or land development approval
or site development plan involving any land governed by the provisions
of this section, by an officer, employee or agency of the Township,
shall constitute a representation, guaranty or warranty of any kind
by the Township or its officers, officials, employees or agencies
of the practicality or safety of any structure, use or development;
and the same shall create no liability upon or a cause of action against
the Township, its officers, agencies, agents or employees for any
damage that may result pursuant thereto.
Design standards for all areas shall be as follows.
A.
Screening. A completely planted visual barrier, consisting
of a double row of evergreen plantings having a minimum height of
eight feet (after planting) and placed no more than 16 feet apart
on center, shall be provided and continually maintained within a planting
area reserved for that purpose, having a minimum width of 16 feet,
between any industrial, commercial or multi-use district and a contiguous
residential district or residential use, and, in a residential district,
between an apartment use and a contiguous single or multifamily residential
use. The required plantings shall be staggered so as to provide as
complete a visual barrier as is possible. A stockade-type fence having
a minimum height of six feet and constructed without gaps or breaks
shall be substituted for one of the two required rows of plantings
when determined necessary by the Zoning Officer to adequately shield
the residential district or use from artificial light, glare, noise,
odors, intrusion or any other cause detrimental to the health, safety
and general welfare of such residential district or use. All uses
permitted by special exception shall be screened as required by this
section from other uses, regardless of the zoning district in which
those uses are located, when so directed by the Zoning Hearing Board
as a condition of special exception approval.
[Amended 6-14-1983 by Ord. No. 4-1983; 8-12-1986 by Ord. No.
10-1986; 10-27-1987 by Ord. No. 13-1987; 12-10-2008 by Ord. No.
10-2008]
B.
Storage. All storage shall be completely screened
from view from any public right-of-way and any residential district
which abuts the district. Screening shall consist of evergreen planting
or an architectural screen. All organic rubbish or storage shall be
contained in airtight, vermin-proof containers which shall also be
screened from view from any public right-of-way or abutting residential
district.
C.
Landscaping requirements. Landscaping shall be provided
in and around off-street parking areas and loading areas in accordance
with the standards of this section in order to provide a visual and
acoustical buffer for adjacent properties, to provide a visual buffer
for adjacent streets, to define traffic routes and pedestrian paths
through the parking area, to control erosion, to slow and filter stormwater
runoff, to moderate microclimatic effects and to provide aesthetic
benefit for the users of the lot, users of nearby properties and passersby.
[Amended 6-14-1988 by Ord. No. 7-1988]
(1)
Functions of parking lot and loading area landscaping.
Landscaping of parking lots and loading areas shall perform certain
functions depending upon its arrangement and the type of space occupied,
as described below. Aesthetic considerations are secondary to these
functions. Where screening is required, such screening need not be
opaque but must be of sufficient density and height to obstruct casual
observation.
(a)
Perimeter of area, abutting street. Landscaping
materials so located shall visually define the parking area, shall
emphasize points of ingress and egress to and from the street and
shall visually screen the parking or loading area from the street
so that headlights shining into or out of the area will not irritate
other drivers. Effectiveness of this landscaping may be enhanced by
earthen berms.
(b)
Perimeter of area, abutting other properties.
Landscaping so located shall provide a windbreak as well as a visual
and acoustical buffer for adjoining properties, particularly of any
residential properties which may abut the parking area. When a parking
or loading area abuts a residential property, a dense screen of living
matter, designed to be an effective screen year round, shall be provided
to a minimum height of six feet from the ground at time of planting.
Earthen berms may be used to enhance the effectiveness of landscaping
elements.
(c)
Landscaping within the interior of the parking
area. Landscaping located within the parking area shall be designed
to promote pedestrian safety by defining walkways, to enhance driver
safety by defining traffic lanes and discouraging cross-lot taxiing,
to act as a windbreak trapping trash and dust, to provide shade, to
reduce stormwater runoff and to enhance the appearance of the parking
area. Interior landscaping shall be designed to preserve sight distances
and not obstruct the vision of motorists or pedestrians and shall
in no way create a hazard to safety.
(2)
Applicability of standards.
(a)
Perimeter landscaping along abutting properties
shall be required for all off-street parking areas with more than
10 parking spaces and for all loading areas, regardless of size.
(b)
Interior landscaping and perimeter landscaping
along abutting properties and the street shall be required for all
off-street parking areas with more than 20 parking spaces.
(3)
Minimum landscaped area; minimum size of landscaped
area.
(a)
Perimeter landscaping shall occupy a strip at
least five feet in width.
(b)
Interior landscaping shall occupy no less than
5% of the parking lot area, exclusive of perimeter landscaping.
(c)
Each individual plot of landscaping shall occupy
an area of no less than 50 square feet and shall have no side dimension
of less than five feet.
(4)
Landscaping plan. A parking lot landscaping plan shall
be included as an element of both the preliminary plan and final plan
for all developments for which landscaping is required, to be reviewed
with those plans in accordance with the process defined in the West
Goshen Township Subdivision and Land Development Ordinance.[1] The landscaping plan may be featured with other elements
on a single sheet of the submission to the extent that that sheet
remains legible.
(5)
Sight distances. No landscape elements or other objects
may obstruct vision above the height of two feet and below 10 feet
measured from the center-line grade of the driveway and the intersecting
street. Such clear sight triangle shall be bound by two points 200
feet on either side of the point of intersection of the driveway and
street center lines along the street, and the third point shall be
12 feet back from the street right-of-way on the center line of the
driveway.
(6)
Permitted landscaping materials. Landscaping materials intended to form a screen shall create a reasonably dense, although not necessarily opaque, screen, adequate to obstruct casual observations to a height of eight feet within three years of planting, except as required in § 84-55C(1)(b). All landscaping elements within the parking lot area and all perimeter landscaping shall be in place upon occupancy of the facility served by the parking area.
[Amended 12-10-2008 by Ord. No. 10-2008]
(a)
Nonliving materials. The following materials
are permissible as landscape elements: stones, pebbles, sand, wood
chips or other decorative mulch, water or art. Under no circumstances
shall artificial plants or bare earth be considered landscape elements.
(b)
Nonliving buffers. Fences, walls and earthen
berms, preferably covered with plant material, may be used as buffers.
The Board of Supervisors may reject such nonliving buffers as it may
deem to be incompatible with the aesthetic function of landscaping.
(c)
Living material. All living materials used for
parking area landscaping shall be appropriate for this climate, hardy,
long-lived, salt-tolerant, heat-tolerant, pollution-resistant and
require low maintenance. The following requirements shall apply:
[1]
Grasses. All grasses used for landscaping must
be indigenous to the area or well-suited to this area. Hydroseeding
is an adequate method of application in most areas: swales and slopes
in excess of 15% must be sodded.
[2]
Shrubs. Flowering, ornamental shrubs shall be
preferred (but not required) for their ornamental effect. Thorn bushes
are discouraged, except in areas where security is a concern, and
should be arranged to ensure against causing damage to vehicles or
injury to pedestrians. Flowering shrubs should be sufficiently mature
at time of planting to flower by the second season following planting.
[3]
Trees. Specimens used in parking areas shall provide moderately dense shade in summer. Species with large leaves which could clog drains shall be avoided. Species that are brittle, disease-prone, have low, spreading brachiation or shallow root systems, which drop large fruit or much sap or which are otherwise messy shall also be avoided. Except for trees native to the site being retained, all trees shall be healthy nursery stock with a minimum caliper of 1 1/2 inches, two feet from the ground. Existing healthy trees shall be retained in accord with § 69-9N of the West Goshen Township Code, known as the "Soil Erosion and Sediment Control Ordinance."
[a]
The following trees are recommended
for use in parking lots:
|
Willow oak (Quercus Phellas)
| |
|
Ginkgo (male) (Ginkgo biloba)
| |
|
Locust (Gleditsia triacanthos)
| |
|
Amur maple (Ater Ginnala)
| |
|
Hedge maple (Acer Campestre)
| |
|
Red cedar (Juniperus virginiana)
| |
|
Black cherry (Prunus serotina)
| |
|
Flowering cherry (Prunus serotina)
| |
|
Linden (Tilia cordata, Tilia europaea)
| |
|
Japanese zelkova (Zelkova serrata)
| |
|
Serviceberry (Amelanchier)
|
[b]
The following trees are unsuitable
for use in parking lots and are discouraged from such use:
|
Maple (most varieties) (genus Acer): see suggested
list[2]
| |
|
Birch (most varieties) (genus Betula): see suggested
list[3]
| |
|
Chestnut (all varieties) (genus Castaenea)
| |
|
Euonymus (all varieties) (genus Euonymus)
| |
|
Walnut (all varieties) (genus Juglans)
| |
|
Poplar (all varieties) (genus Populus)
| |
|
Oak (most varieties) (genus Quercus): see suggested
list[4]
| |
|
Willow (all varieties) (genus Salix)
| |
|
Hemlock (all varieties) (genus Tsuga)
| |
|
Speckled alder (Alnus incana)
| |
|
Hawthorn (Crataegus coccinea)
| |
|
Ginkgo (female) (Ginkgo biloba)
| |
|
Tulip tree (Liriodendron tulipfera)
| |
|
White pine (Pinus strobus)
| |
|
Sycamore, London plane (Platanus acerifolia)
| |
|
Mountain ash (Pyrus aucuparia)
| |
|
American elm (Ulmus americana)
|
[2]
Editor's Note: Said list is included at the end of this chapter.
[3]
Editor's Note: Said list is included at the end of this chapter.
[4]
Editor's Note: Said list is included at the end of this chapter.
[c]
The evergreen trees below are most
suitable for buffering and perimeter landscaping, but may not be appropriate
for other parking lot landscaping:
|
Fir trees (Abies)
| |
|
Douglass fir (Pseudotsuga Menziesii)
| |
|
Norway spruce (Picea abies)
| |
|
Oriental arborvitae (Thuja orientalis)
| |
|
Canadian hemlock (Tsuga canadensis)
| |
|
Carolina hemlock (Tsuga caroliniana)
| |
|
Leyland cyprus (cupressocyparis Leyladii)
| |
|
Cryptomeria
|
[d]
Problematic trees which should
not be used:
|
Box elder
| |
|
Norway maple
| |
|
Ginkgo (female)
| |
|
Black walnut
| |
|
Osage orange
| |
|
Mulberry
| |
|
Austrian pine
| |
|
Bradford pear (flowering)
| |
|
Red oaks
| |
|
Pin oaks
| |
|
Ash
| |
|
Black locust
|
[e]
The trees and shrubs which are
listed on the Recommended Planning Guide, which is attached hereto,
and adopted by reference as part of this chapter,[5] may be used for the screening and landscaping required by this § 84-55. This list is not exclusive and an applicant may choose different species provided such different species are approved by the Board as part of an overall landscaping plan. When multiple trees are required, an applicant is encouraged to choose a variety of species unless necessary for a specific design objective.
[5]
Editor's Note: The Recommended Planting Guide is included at the end of this chapter.
(7)
Maintenance provisions. The owner of the facility
served by the parking area shall be responsible for the maintenance
of the parking area landscaping in a healthy and attractive condition.
Dead and pruned plant material and debris shall be routinely removed
or within 30 days of a directive to do so issued by the Township Codes
Enforcement Officer.
(8)
Any part or portion of the site which is not used
for buildings, other structures, loading or parking spaces and aisles,
sidewalks and designated storage areas shall be planted and continually
maintained with an all-season ground cover and shall be landscaped
in accordance with an overall landscape plan approved by the Zoning
Officer and Township Engineer. Regarding the commercial and industrial
districts, the green areas shall be visible to the public from the
roads.
D.
Access and traffic control.
[Amended 10-25-1994 by Ord. No. 3-1994]
(1)
All driveways connecting to or intersecting with any
street shall be located at least 80 feet from the intersection of
any street line and shall be designed in accordance with Township
specifications unless connection is to a state highway and the Pennsylvania
Department of Transportation requires a design specification different
from that of the Township's. Where feasible and if so directed by
the Township Engineer, access shall be located on a minor local streets
or collector streets rather than on a major street or through highway.
The developer shall be responsible to install any traffic control
devices, acceleration lanes or deceleration lanes required by PennDOT,
in the case of state highways, or the Township Engineer or Supervisors,
in the case of Township streets, related to the driveway installation.
(2)
Every use shall be served by adequate access for fire-fighting
and other emergency service equipment. Such access shall include but
not necessarily be limited to turning radii sufficient to accommodate
fire equipment, adequacy of roadway and right-of-way widths to accommodate
the free flow of such equipment and emergency access roads, including
provision for adequate access in front of, between and behind buildings
and structures, which shall be sufficient to support the weight of
fire equipment in all types of weather, as approved by the Township
Engineer and Township Fire Marshal.
E.
Design standards. The standards of this section shall
apply to all commercial, industrial, institutional, recreational and
multi-unit residential uses served by off-street parking areas.
(1)
Parking space size and design requirements. Parking spaces shall be reasonably level, sloping not more than 5% in any direction. A rectangular block of the dimensions specified in this subsection shall be provided for all off-street parking spaces, regardless of pull-in angle, and shall not be occupied nor intruded upon by light standards or their foundations, landscape elements, pedestrian walkways, driveways, passageways or any other elements or features which would result in a reduction in area of the specified minimum dimensions available for occupation by a vehicle. Parking stalls (spaces) shall be designed to agree with the definition thereof specified in § 84-8 of this chapter.
[Amended 6-23-1992 by Ord. No. 6-1992; 3-10-1999 by Ord. No.
2-1999]
(a)
Except as otherwise provided herein, parking
spaces shall have the minimum dimensions of nine feet wide by 18 feet
long. The parking spaces for any use involving retail sales, including
restaurants within a shopping center, shall have the minimum dimensions
of 10 feet wide by 18 feet long.
[Amended 3-10-2004 by Ord. No. 3-2004; 6-28-2006 by Ord. No.
8-2006]
(b)
Parking spaces for use by handicapped drivers
shall be in accordance with ADA standards, and shall have the following
minimum dimensions: the first required handicapped parking space and,
thereafter, each one space in every eight such spaces shall have the
minimum dimensions of 16 feet wide by 18 feet long. The remainder
of such spaces shall have minimum dimensions of 14 feet wide by 18
feet long. All such spaces shall be clearly marked as being reserved
for use by handicapped drivers. Handicapped parking spaces shall be
reasonably level, sloping not more than 2% in any direction.
[Amended 3-10-1999 by Ord. No. 2-1999;
amended 3-10-2004 by Ord. No. 3-2004]
(c)
Off-street parking areas shall provide parking
spaces for handicapped drivers according to the total size of the
parking area, as follows:
|
Total Parking in Lot
|
Required Minimum Number of Accessible
Spaces
| |
|---|---|---|
|
1 to 25
|
1
| |
|
26 to 50
|
2
| |
|
51 to 75
|
3
| |
|
76 to 100
|
4
| |
|
101 to 150
|
5
| |
|
151 to 200
|
6
| |
|
201 to 300
|
7
| |
|
301 to 400
|
8
| |
|
401 to 500
|
9
| |
|
501 to 1,000
|
2% of total
| |
|
1,001 and over
|
20 (plus 1 for each 100 over 1,000)
|
(d)
Parking spaces for use by handicapped drivers
shall be located to minimize the distance to a wheelchair-accessible
entrance to the facilities served, and such stalls and parking areas
shall otherwise comply with the technical requirements of the Americans
with Disabilities Act of 1990, as the same may from time to time be
amended.
(e)
All parking lots/school parking garages shall
comply with the following requirements:
[Added 9-25-2002 by Ord. No. 11-2002; amended 6-11-2003 by Ord. No. 10-2003]
[1]
Parking lot/school parking garage configuration.
When ninety-degree parking is proposed, the vehicular travel aisle
shall be a minimum of 24 feet wide and shall provide for two–way
traffic.
[Amended 10-8-2008 by Ord. No. 7-2008]
[2]
Parking lot/school parking garage configuration.
When sixty-degree parking is proposed, the vehicular travel aisle
shall be a minimum of 24 feet wide when two–way traffic is proposed.
[Amended 10-8-2008 by Ord. No. 7-2008]
[3]
Parking lot/school parking garage configuration.
When seventy-five-degree parking is proposed, the vehicular travel
aisle shall be a minimum of 22 feet wide when one-way traffic is proposed.
[4]
Parking lot/school parking garage configuration.
When sixty-degree parking is proposed, the vehicular travel aisle
shall be a minimum of 18 feet wide when one-way traffic is proposed.
(f)
A parking garage which is accessory to principal multifamily residential building and which is owned and operated by private entity shall comply with the requirements of § 84-55E(1), except that when ninety-degree parking is proposed, the vehicular travel aisle shall be a minimum of 24 feet wide and shall provide for two-way traffic.
[Added 1-23-2008 by Ord. No. 3-2008]
(2)
Traffic lane and driveway dimensions.
(a)
Lanes designed for circulation of motor vehicles
within the parking area shall have a minimum width of 24 feet for
two-way traffic. Lanes designated for circulation within the parking
area for one-way traffic shall have a minimum width of 18 feet with
sixty-degree angled parking and 22 feet for seventy-five-degree angled
parking.
[Amended 3-10-2004 by Ord. No. 3-2004; 10-8-2008 by Ord. No. 7-2008]
(b)
Driveways providing access to the parking area
from the street shall be of adequate length to accommodate off-street
stacking of vehicles waiting to enter the parking area. The stacking
area shall accommodate at least one vehicle, plus one vehicle for
every 50 spaces provided in the parking area, up to 20 stacking spaces.
(c)
Off-street parking areas shall have separate,
marked lanes for ingress and egress. For parking areas with access
solely onto a minor local street and providing 10 or fewer off-street
parking spaces, a single lane for both ingress and egress is adequate.
(d)
Miniwarehouses shall be separated on all sides
by a paved driveway access having a minimum width of 30 feet.
[Added 7-24-1990 by Ord. No. 5-1990]
(e)
Parallel parking shall be permitted along straight
driveway sections if the minimum driveway width exclusive of the parking
spaces is 24 feet for two-way traffic and 18 feet for one-way traffic.
[Added 3-10-2004 by Ord. No. 3-2004; amended 10-8-2008 by Ord. No. 7-2008]
[6]
Editor's Note: Section I of this ordinance
also provided the following: "The purpose of this ordinance is to
provide for adequate off-street parking space for the purpose of preserving
and protecting the health, safety and welfare of the general public
by:
"A. Reducing congestion on public streets.
"B. Providing adequate parking for all permitted
land uses, avoiding the circulation and congestion related to inadequate
parking areas and the environmental and safety problems associated
with over designed parking areas.
"C.Minimizing pedestrian conflict with motor
vehicles allowing motorists to exit and enter their vehicles away
from the flow of traffic and separating pedestrian circulation from
vehicular circulation within parking areas.
"D. Addressing the special needs of handicapped
persons through the provision of specially designed and located parking
spaces.
"E. Minimizing impervious surfaces to allow
for groundwater recharge through landscaping requirements and discouragement
of excessively large parking areas."
F.
Purpose. This section sets forth minimum criteria
for the installation, use and maintenance of exterior lighting, the
purposes of which are to require lighting in outdoor public places
where safety and security are concerns; protect drivers and pedestrians
on nearby streets from disabling glare from non-vehicular light sources
that shine directly into their eyes and thereby impair safe travel;
shield neighboring properties from nuisance glare resulting from excessive
light sources and from nonexistent or improperly directed or shielded
light sources; limit the height of light standards to preclude or
lessen light pollution; and promote efficient design and operation
with regard to energy conservation. As used herein, the term "glare"
means distracting, harsh or blinding or uncomfortably bright light
originating from or reflecting off man-made objects.
[Amended 6-14-1988 by Ord. No. 7-1988; 9-12-2001 by Ord. No.
11-2001].
(1)
Lighting standards: applicability. Lighting facilities
shall be required for all off-street parking areas and off-street
loading areas and for all driveways providing ingress and egress thereto
for all subdivisions and/or land developments for business, commercial,
personal service, industrial, multifamily, recreational, institutional
and public uses. In the approval of any subdivision or land development
plan, the Supervisors shall have the authority to require lighting
to be incorporated for other uses or locations where in their reasonable
discretion such lighting is warranted. In addition, the provisions
of this section shall apply to signs, architectural lighting and landscape
lighting.
(2)
Plan submission.
(a)
Lighting plans shall be submitted for review and approval for all subdivisions and land developments and for all uses identified in Subsection (3)(b) of this § 84-55F, and shall include a schematic lay-out of all proposed exterior fixture locations, ISO footcandle data and a plat demonstrating intensities and uniformities within the limitations established in Subsection F(3) of this section, and manufacturer's description of the equipment (catalog cuts), glare control devices, lamps, mounting heights and means, proposed hours of operation of the lighting and maintenance schedule. Illumination intensities shall be plotted on a 10 feet by 10 feet grid.
(b)
When required by the Township Engineer, the
applicant shall submit a visual impact photometric plan that demonstrates
both light coverage and light spillage resulting from the proposed
lighting plan and the provision for adequate measures to mitigate
nuisance from light pollution and disabling glare, both on the use
or development site and on adjacent properties.
(3)
Design standards and illumination standards.
(a)
Lighting facilities located in off-street parking areas and loading areas for uses and developments governed by this § 84-55F, or in connection with signs and recreational and institutional activities, shall provide an illumination level utilizing the current recommended practice and/or standards of the Illuminating Engineering Society of North America (IESNA), unless otherwise recommended by the Zoning Officer, or Township board or commission having jurisdiction for justifiable cause shown, except as otherwise modified by the provisions of this § 84-55F.
(b)
Illumination, where required by this § 84-55F shall, as a maximum, have the intensities and uniformity ratios in Lighting Handbook of the Illuminating Engineering Society of North America (IESNA), 9th Edition, except as modified herein as follows:
|
Use/Task
|
Maintained Footcandles
(MFC)
|
Uniformity Average: Minimum
| ||
|---|---|---|---|---|
|
(i)
|
Parking, multifamily Low vehicular/pedestrian
activity Medium vehicular/pedestrian activity
|
0.2 mm. 0.6 mm.
|
4:1 4:1
| |
|
(ii)
|
Parking, industrial/commercial/ institutional,
municipal
| |||
|
High activity, e.g., regional shopping centers,
fast-food facilities, major athletic/ civic/cultural events
|
0.75 mm.
|
4:1
| ||
|
Medium activity, e.g., community shopping centers,
office parks, hospitals, commuter lots, cultural/civic/ recreational
events
|
0.6 mm.
|
4:1
| ||
|
Low activity, e.g., neighborhood shopping, industrial
employee parking, schools, church parking
|
0.2 mm.
|
4:1
| ||
|
(iii)
|
Nonresidential walkways and bikeways
|
0.5 avg.
|
5:1
| |
|
(iv)
|
Building entrances
|
5.0 avg.
|
—
| |
|
(v)
|
Canopy over gas-dispensing devices/service station
pump islands
|
35.0 avg.
| ||
|
(vi)
|
Car dealerships
|
35.0 max.1
|
4:1 max.:min.
|
|
NOTE:
| |
|---|---|
|
135.0 MFC is the
maximum permitted and is limited to the first 100 feet of outdoor
display or parking along any street frontage, subject to otherwise
applicable setbacks mandated by the district regulations. The remainder
of the property shall be limited to 20.0 MFC, except for the rear
yard, which shall be limited to 10 MFC.
|
(c)
In the application of the above standards, the
following regulations shall apply:
[1]
Illumination levels shall be defined as maintained
horizontal footcandles on the task; for example, the pavement or area
surface. A footcandle is defined as a unit of light intensity stated
in lumens per square foot and measurable with an illuminance meter,
also known as a footcandle or light meter. Illuminance is defined
to mean the quantity of light measured in footcandles or lux. Lux
is defined to mean a unit of light intensity stated in lumens per
square meter. There are approximately 10.7 lux per footcandle.
[2]
Uniformity ratios dictate that average illumination
values shall not exceed minimum values by more than the product of
the minimum value and the specified ratio. For example, in the case
of commercial parking high activity, the average footcandles shall
not be in excess of 3.6 (0.9 x 4).
[3]
In no case shall illumination exceed 0.2 footcandle measured at the property lines, except at driveway entrances, provided the illumination at the cartway centerline of the contiguous street shall not exceed 1.0 footcandle, unless a more stringent standard is required by another provision of this § 84-55F; and the amount of illumination projected onto a residential zoned property or use from another property shall not exceed 0.1 footcandle at the property line.
[4]
Lighting standards in parking areas shall be located no more than 100 feet apart; provided that the Zoning Officer, Township board or commission having jurisdiction shall apply the standards of this § 84-55F by prohibiting the location of lighting standards in such close proximity to each other as would result in a violation of the footcandle and light spillage restrictions imposed by this § 84-55F.
[5]
Lamp types and colors shall be in harmony within
the adjacent community, any special circumstances existing on the
site and with surrounding installations. Lamp types and colors shall
be consistent with the task and setting, and shall not create a mix
of colors unless otherwise approved by the Zoning Officer, Township
board or commission having jurisdiction for cause shown.
[6]
Canopy lighting shall be located on the undersurface
(ceiling) of the canopy and shall be limited to flush lens fixtures
mounted on the canopy ceiling. Drop lens fixtures are prohibited.
Up-lens lighting fixtures mounted on the canopy structure above the
level of gas pumps are permitted if they have the effect of reducing
glare from the lighting fixtures mounted on the canopy ceiling. In
no event shall any other lighting fixtures be located on or otherwise
attached to or used to light a canopy or any area of the property
adjacent to the canopy. Outdoor canopies include, but are not limited
to, the following applications:
[7]
All other lighting proposed for use after 10:00
p.m. for commercial, industrial, institutional and recreational applications
shall be reduced by 75% from then until dawn, unless supporting a
specific purpose and approved by the Zoning Officer, Township board
or commission having jurisdiction.
(4)
Glare control. For purposes of these regulations,
"glare" is defined as the sensation produced by lighting that causes
an annoyance, discomfort or loss in visual performance and visibility
to the eye.
(a)
All lighting fixtures shall meet IESNA cut-off
criteria. No lighting shall be permitted which shines directly into
residential units, or results in glare beyond an angle of 30°
from a vertical plane, measured from the light source.
(b)
Light fixtures, including mounting base, shall
not exceed 25 feet in height above finished grade.
(c)
All lighting sources shall be effectively shielded
and shall be installed and/or aimed so as to shield nearby public
or private streets and neighboring properties from direct glare light
radiation, or light pollution which may create a safety hazard or
a nuisance.
(d)
All lighting sources shall be completely shielded
from any public right-of-way.
(e)
Illuminated signs shall have an indirect lighting
source or shielded source.
(f)
The Zoning Officer, Township board or commission
having jurisdiction may require that lighting be controlled by automatic
timing devices to extinguish light sources during specific periods
to mitigate the adverse consequences of light pollution when such
action is necessary to protect adjacent properties and uses.
(g)
Glare control shall be accomplished primarily
through the proper selection and application of lighting equipment.
Only after those means have been exhausted shall vegetation, fences
and similar screening methods be considered acceptable for reducing
glare.
(h)
Fixtures used for architectural lighting, such
as facade, feature and landscape lighting, shall be aimed or directed
so as to preclude light projection beyond the immediate objects intended
to be illuminated. All such lighting shall be extinguished between
the hours of midnight prevailing time and dawn.
(i)
In all residential districts or in connection
with residential uses, floodlighting, spotlighting and other high-intensity
lighting over 100 watts shall be located so that glare or reflection
is not greater than 0.2 footcandle at the lot line of the receiving
land. Such lighting fixtures shall be installed and/or aimed so that
they do not project their output into windows of neighboring residences,
adjacent uses, skyward or onto a public street. All such lighting
shall be extinguished after 10:00 p.m. prevailing time, except in
case of emergency use.
(j)
Unless otherwise approved by the Zoning Officer,
or Township board or commission having jurisdiction for purposes of
safety or security or all-night operations, lighting for commercial,
industrial, public recreational and industrial applications shall
be controlled by automatic switching devices such as time clocks or
combination motion detectors and photocells, to permit extinguishing
outdoor lighting fixtures between 10:00 p.m. and dawn, to mitigate
nuisance glare and sky-lighting consequences.
(5)
Installation and maintenance.
(a)
The applicant/landowner shall install or cause to be installed all lighting fixtures and facilities at his/its expense. Light fixtures and poles shall be in accordance with a lighting plan approved by the Supervisors upon recommendation of the Planning Commission and Township Engineer, in compliance with this § 84-55F. The landowner shall be responsible for all costs involved in the maintenance, upkeep and operation of all lighting of parking and loading areas and other areas required by this § 84-55F.
(b)
Electrical feeds to lighting standards shall
be run underground, not overhead.
(6)
Compliance.
(a)
Board of Supervisors' approval of a lighting plan upon the recommendation of the Planning Commission and/or Township Engineer does not relieve the landowner of responsibility should any light standards or light fixtures, after construction, fail to conform or continue to conform to the provisions of this § 84-55F. The Township reserves the right to conduct a post-installation nighttime inspection to verify compliance with the requirements of this § 84-55F and, if appropriate, to require remedial action at the expense of the landowner.
(b)
Authority for determination of correct lighting
installation shall rest with the Zoning Officer, with advice from
the Township Engineer. If the Zoning Officer determines that any lighting
installation creates a safety or personal security hazard due to insufficient
illumination levels or produces unacceptable levels of nuisance glare,
light pollution or skyward light, the landowner or other person/entity
then responsible for the use, maintenance and operation of the lighting
shall be so notified and required to take timely remedial action at
the expense of the landowner or other responsible person.
H.
Loading area requirements for industrial and commercial
uses. The requirements of this section shall apply to all industrial
and commercial subdivisions or land developments and to all uses that
include industrial and commercial uses and to all expansions of such
existing uses resulting in a gross floor area gain of 20% or more.
[Amended 8-12-1986 by Ord. No. 10-1986; 6-14-1988 by Ord. No. 7-1988]
(1)
Siting and landscaping requirements.
(a)
Loading areas for all uses shall be completely
on-site and shall not occupy any street right-of-way.
(b)
Loading areas shall not occupy parking spaces,
traffic lanes within a parking area, driveways or any public cartway.
(c)
Loading areas shall be located only in rear
or side yard areas. Loading areas are expressly prohibited in any
front yard.
(2)
Required minimum dimensions of loading berths. Loading
berths shall be sized according to the type of facility served, as
indicated below:
(a)
Large loading berth.
[1]
Minimum of 14 feet by 60 feet.
[2]
Required for factories, warehouses, distribution
centers, shopping centers, supermarkets, retail stores offering large
products (e.g., major home appliances, furniture), automobile and
farm implement dealers and office buildings larger than 500,000 square
feet.
(b)
Small loading berth.
[1]
Minimum of 12 feet by 30 feet.
[2]
Required for retail uses not specified in § 84-55H(2)(a)[2], convenience stores, all services, institutions and office buildings under 500,000 square feet.
(3)
Surface requirements for loading areas. All loading
areas shall have a dustfree surface over the entire area customarily
used by delivery vehicles for parking and maneuvering. The surface
may be asphalt, concrete, oil-sealed gravel, compacted gravel or any
other dustfree surfacing material approved by the Township Engineer.
(4)
Number of loading berths required by land use. The number of loading berths required for commercial, industrial and institutional uses shall, as a minimum, equal the number specified in this section. The size of the loading berths shall be in conformance with § 84-55H(2).
(a)
Retail sales, business and personal services,
shopping centers, wholesale sales and commercial services:
|
Size
(square feet)
|
Number of Loading Spaces
| |
|---|---|---|
|
Less than 5,000
|
0
| |
|
5,000 to 15,000
|
1
| |
|
15,000 to 40,000
|
2
| |
|
40,000 to 100,000
|
3
| |
|
100,000 to 300,000
|
4
| |
|
300,000 to 1,000,000
|
5
|
(b)
All industrial uses, warehousing and distribution
centers:
|
Size
(square feet)
|
Number of Loading Spaces
|
|---|---|
|
Less than 5,000
|
0
|
|
5,000 to 40,000
|
1
|
|
40,000 to 70,000
|
2
|
|
70,000 to 110,000
|
3
|
|
110,000 to 160,000
|
4
|
|
160,000 to 240,000
|
5
|
|
240,000 to 350,000
|
6
|
|
350,000 to 500,000
|
7
|
|
500,000 to 700,000
|
8
|
|
700,000 to 1,000,000
|
9
|
|
Over 1,000,000
|
10
|
(c)
Offices (including office parks), banks, financial
and professional services and medical clinics:
|
Size
(square feet)
|
Number of Loading Spaces
|
|---|---|
|
Less than 5,000
|
0
|
|
5,000 to 40,000
|
1
|
|
40,000 to 100,000
|
2
|
|
100,000 to 300,000
|
3
|
|
Over 300,000
|
4
|
(d)
Hotels, motels, nursing homes and hospitals;
excludes ambulance spaces and emergency room spaces for nursing homes
and hospitals:
|
Size
(square feet)
|
Number of Loading Spaces
|
|---|---|
|
Less than 10,000
|
0
|
|
10,000 to 100,000
|
1
|
|
100,000 to 200,000
|
2
|
|
Over 200,000
|
3
|
I.
Conformance.
[Amended 6-14-1988 by Ord. No. 7-1988[8]]
(1)
Off-street parking spaces shall be located on the same lot as the
use served, except as provided by § 84-551(5) below. For
each land use proposed, the applicant shall provide the minimum number
of off-street parking spaces that are set forth in § 84-551(2)
below. If the calculation to determine the required number of spaces
results in a fractional space, the number of spaces required shall
be the next highest whole number. Proposed parking areas which are
greatly in excess of those requirements hereunder shall be discouraged.
[Amended 12-9-2015 by Ord. No. 9-2015; 6-18-2019 by Ord. No. 6-2019]
(2)
Minimum number of parking spaces required per land
use. Throughout this section, "sq.ft." shall be interpreted as "square
feet" and "GFA" shall be interpreted as "gross floor area."
[Amended 7-24-1990 by Ord. No. 5-1990; 5-25-1993 by Ord. No.
2-1993; 5-9-2001 by Ord. No. 6-2001; 8-10-2005 by Ord. No.
7-2005; 6-28-2006 by Ord. No. 8-2006; 3-14-2007 by Ord. No.
9-2007; 10-24-2007 by Ord. No. 11-2007; 12-10-2008 by Ord. No. 10-2008; 12-14-2011 by Ord. No. 12-2011; 9-11-2013 by Ord. No. 10-2013; 9-11-2013 by Ord. No.
11-2013; 12-10-2014 by Ord. No. 8-2014; 11-1-2022 by Ord. No. 6-2022; 1-17-2023 by Ord. No. 2-2023; 3-5-2024 by Ord. No. 1-2024; 6-4-2024 by Ord. No. 6-2024]
|
Use
|
Number of Parking Spaces
| |||
|---|---|---|---|---|
|
Residential uses
| ||||
|
Single-family detached dwelling and mobile home
used as permanent dwelling
|
2 per dwelling unit
| |||
|
Multifamily dwelling except apartment
|
2 per dwelling unit plus 1 space for every 5
units for multi-unit structures and townhomes
| |||
|
Apartment
|
2.0 per dwelling unit
| |||
|
Commercial uses; industrial uses and services
| ||||
|
Manufacturing
|
2.5 per 1,000 sq. ft. GFA
| |||
|
Less than 100,000 sq. ft. GFA
| ||||
|
Equal to or greater than 100,000 sq. ft. GFA
|
2.0 per 1,000 sq. ft. GFA
| |||
|
Office buildings, research and development facilities,
laboratories and business services
|
3.0 per 1,000 sq. ft. GFA
| |||
|
Office parks
|
3.5 per 1,000 sq. ft. GFA
| |||
|
Personal and professional services
|
5.0 per 1,000 sq. ft. GFA
| |||
|
Bank; other financial services
|
4.0 per 1,000 sq. ft. GFA
| |||
|
Car wash
| ||||
|
Nonautomated
|
2.0 per bay, plus 3 stacking spaces per bay
| |||
|
Automated/tunnel
|
6.0, plus 6.0 dry-off spaces, plus 15.0 stacking
spaces
| |||
|
Commercial services
|
3.5 per 1,000 sq. ft. GFA
| |||
|
Funeral home
|
20.0 per 1,000 sq. ft. occupied by viewing rooms
| |||
|
Laundromat
|
20.0 per 1,000 sq. ft. GFA
| |||
|
Dog day-care facility
|
1 space per every employee per shift plus 2
additional spaces per 1,000 square feet
| |||
|
Gas station (in addition to service station
requirement, if applicable)
|
1 per pump island, plus 6 stacking spaces for
each pump island
| |||
|
Home occupation
|
Requirement varies. Applicant must demonstrate
that parking is adequate for the proposed use; in no case less than
1 space in addition to the number of spaces required by the residential
district regulations.
| |||
|
Hotel and motel
|
1 per unit, plus 4 per 50 units, plus spaces
as required for ancillary uses
| |||
|
Junkyard
|
0.1 per 1,000 sq. ft. GFA
| |||
|
Lumberyard
|
1.0 per 1,000 sq. ft. GFA
| |||
|
Personal storage; miniwarehouse
|
A minimum of 2 spaces and a maximum of 5 spaces
per development tract
| |||
|
Retail sales of consumed or perishable items,
items with little seasonal variation in demand (includes supermarkets
and convenience stores)
|
3.5 per 1,000 sq. ft. GFA
| |||
|
Retail sales of nonperishable items, often some
seasonal variation in demand (includes department stores, auto dealers,
apparel and personal accessory stores, gift shops, jewelers, nurseries,
bookstores, computer stores and all similar uses)
|
5.0 per 1,000 sq. ft. GFA (Up to 20% may be
in a reserve parking area.)
| |||
|
Service station; auto body repair shop service
(in addition to gas station and auto dealer requirements, where applicable)
|
2.0 per garage bay
| |||
|
Wholesale sales; commercial sales; freight terminal
|
1.0 per 1,000 sq. ft. GFA
| |||
|
Institutional and public uses
| ||||
|
Airport
|
30.0 per 1,000 sq. ft. GFA in terminal/administration
building
| |||
|
College, university
| ||||
|
Community college or any college where less
than 1/2 of the student body resides on-campus
|
10.0 per 1,000 sq. ft. GFA in classroom buildings
| |||
|
College or university where at least 1/2 of
the student body resides on-campus
|
1.0 per each campus residential accommodation,
plus 2.0 per 1,000 sq. ft. in classroom buildings
| |||
|
Community center; social club
|
12.0 per 1,000 sq. ft. in main assembly room
| |||
|
Day-care center
|
3.0 per 1,000 sq. ft. GFA, plus 8 stacking spaces
| |||
|
Elementary school, middle school, including
boarding schools
|
12.0 per 1,000 sq. ft. in main assembly room
(25% may be in a reserve lot.)
| |||
|
2.0 spaces per 1,000 sq. ft. of classroom area
if there is no main assembly room
| ||||
|
High school, including boarding schools
|
10.0 per 1,000 sq. ft. of classroom area or
12.0 per 1,000 sq. ft. in main assembly room, whichever is greater
| |||
|
Hospital
|
2.0 per bed
| |||
|
Library
|
3.0 per 1,000 sq. ft. GFA
| |||
|
Museum or similar institution
|
3.0 per 1,000 sq. ft. GFA
| |||
|
Place of worship
|
12.0 per 1,000 sq. ft. in main assembly room
(25% may be in reserve lot.)
| |||
|
Utility installation
|
2.0 per installation
| |||
|
Recreational uses
| ||||
|
Bowling alley
|
5.0 per lane
| |||
|
Cinema
|
12.0 per 1,000 sq. ft. GFA
| |||
|
Country club; golf club
|
5.0 per tee, plus any spaces required for ancillary
uses
| |||
|
Health club; spa
|
5.0 per 1,000 sq. ft. GFA
| |||
|
Indoor amusement arcade
|
5.0 per 1,000 sq. ft. GFA
| |||
|
Miniature golf course
|
3.0 per tee
| |||
|
Stadium; theater; gymnasium
|
0.3 per seat
| |||
|
Swim club; public pool
|
10.0 per 1,000 sq. ft. of swimming pool floor
| |||
|
Forestry
|
1.0 per every employee during the shift with
the largest number of employees, plus an additional five parking spaces
| |||
|
Mineral extraction
|
1.0 per every employee during the shift with
the largest number of employees plus an additional five parking spaces
| |||
|
Convenience store without the retail sale of automotive fuel
|
12 spaces per 1,000 sq. ft. GFA
| |||
|
Convenience store with the retail sale of automotive
fuel
|
12 spaces per 1,000 sq. ft. GFA, plus 1 space
per fueling position
| |||
|
Pharmacy
|
3.5 per 1,000 sq. ft. GFA
| |||
|
Independent living facility
|
2 spaces per dwelling unit unless the Board of Supervisors approves
a reduction in the number of parking spaces required as part of the
conditional use approval based on evidence that the parking demand
for the particular independent living facility proposed is less than
2 spaces per unit.
| |||
|
Assisted living facility
|
0.5 spaces per dwelling unit unless the Board of Supervisors
approves a reduction in the number of parking spaces required as part
of the conditional use approval based on evidence that the parking
demand for the particular assisted living facility proposed is less
than 0.5 spaces per unit.
| |||
|
Standard restaurant, fast food restaurant, drive-through restaurant
|
9 per 100 sq. ft. GFA
| |||
|
Miniwarehouse/self-storage facility
|
1 space per 10,000 sq. ft. GFA
| |||
|
Motorcycle sales, with accessory repair shop and/or merchandise
store
|
2.5 per 1,000 sq. ft. GFA dedicated to sale of motorcycles or
related merchandise, plus 1.0 per motorcycle service bay
| |||
(3)
Surfacing requirements.
(a)
The surface of all parking areas shall be dustfree
under conditions of normal use, as follows:
(b)
In those cases where parking space areas, direction
of traffic flow or traffic lanes are not readily apparent, they shall
be clearly delineated by reflective, painted lines in primary parking
areas. Additional signage shall be as required by the Township Engineer,
depending upon the necessities of each individual situation.
(c)
Concrete bumper blocks or concrete curbing shall
be provided for all parking spaces in primary parking areas.
(4)
In any zoning district, if a single lot is developed with multiple uses which are permitted in such district, the required number of parking spaces for such development shall be computed by totaling the number of parking spaces required for each discrete use specified in Subsection I(2) of this § 84-55. When any discrete use within the development is replaced with another use, the parking requirements for the entire development shall be recomputed, and such additional number of parking spaces shall be added as is necessary to comply with the parking requirements for that new discrete use. Should the single lot containing the multiple uses (or the ownership thereof) be subdivided, parking may continue to be shared, provided proof of necessary cross-easements to facilitate said shared parking are provided as may be required by the Township.
[Added 5-25-1993 by Ord. No. 2-1993;
amended 7-31-2013 by Ord. No. 09-2013]
(5)
The parking spaces for nonresidential uses required in § 84-551(2)
may be located elsewhere than on the same lot as the use served ("off-site
parking") when authorized by the Board of Supervisors, subject to
the following conditions:
[Added 6-18-2019 by Ord.
No. 6-2019]
(a)
The owners of two or more lots shall submit with their application
a site plan which depicts the location of the off-site parking and
a calculation of the number of spaces required for each use on the
lots.
(b)
The owners shall submit an agreement in a form satisfactory
to the Solicitor signed by the owners of the lots which guarantees
that the parking spaces shall be available for the uses proposed.
The agreement shall be recorded and must remain in effect for as long
as the uses require the off-site parking.
(c)
Some portion of the off-site parking area designated for a particular
use shall lie within 300 feet of a building entrance regularly used
by patrons of the use.
(d)
The lot(s) used for off-site parking must have cross access
easements such that the off-site parking spaces must be accessible
from inside of the lot or lots without the need to exit onto a public
street to gain access.
[8]
Editor's Note: Section I of this ordinance
also provided the following: "The purpose of this ordinance is to
provide for adequate off-street parking space for the purpose of preserving
and protecting the health, safety and welfare of the general public
by:
"A. Reducing congestion on public streets.
"B. Providing adequate parking for all permitted
land uses, avoiding the circulation and congestion related to inadequate
parking areas and the environmental and safety problems associated
with over-designed parking areas.
"C. Minimizing pedestrian conflict with motor
vehicles, allowing motorists to exit and enter their vehicles away
from the flow of traffic and separating pedestrian circulation from
vehicular circulation within parking areas.
"D. Addressing the special needs of handicapped
persons through the provision of specially designed and located parking
spaces.
"E. Minimizing impervious surfaces to allow
for groundwater recharge through landscaping requirements and discouragement
of excessively large parking areas."
J.
Single-family residential parking controls.
(1)
Standards. Parking space or spaces with proper and
safe access from street or alley shall be provided on each lot, either
within a structure or in the open to serve the dwellings within the
district adequately. Parking space for one vehicle shall be equal
to at least 350 square feet for purposes of computing car spaces including
stalls and driveways, and shall have a parking space of at least 10
feet by 20 feet in size. Parking spaces shall have an approved all-weather
surface and shall have a safe and convenient access in all seasons.
[Added 9-2-2014 by Ord. No. 3-2014; amended 10-8-2014 by Ord. No.
4-2014]
A.
Essential utilities, community utilities and governmental utilities, as defined in § 84-8, shall be uses permitted by right in all zoning districts, subject to the following regulations:
(1)
No such use shall include an office open to the general public, trucking
or repair facilities or housing of work crews.
(2)
The portion of any such use not located within a building shall be
enclosed or adequately screened in such a manner as to not be visible
across property lines.
(3)
No advertising shall be affixed to any structure.
B.
A public utility facility and a gas and liquid pipeline facility, as defined in § 84-8, shall be permitted by conditional use of the Board of Supervisors in the I-1, I-2, I-2R, I-3 and I-C Districts subject to the performance standards in this section. Gas and liquid pipeline facilities and hazardous liquid and/or gas pipelines are only permitted in the I-1, I-2, I-2R, I-3 and I-C districts by conditional use and subject to compliance with the following standards:
(1)
No obnoxious, toxic or corrosive fumes or gases shall be emitted
as a result of the use.
(2)
No use shall emit offensive odors which are perceptible at lot lines.
(3)
No use shall discharge into the air dust or other particulate matter
in a manner or quantity which does not conform to all applicable federal
and state laws and implementing regulations.
(4)
No use shall emit smoke from operations.
(5)
No use shall produce any heat perceptible at or beyond the lot boundaries.
(6)
No use shall utilize lighting in a manner which does not conform
with the lighting standards in this chapter.
(7)
No use shall permit physical vibrations perceptible at or beyond
the lot boundaries.
(8)
No use shall emit potentially harmful radiation.
(9)
No use shall engage in the production or storage of any material
designed for use as an explosive.
(10)
No use shall engage in the storage of waste materials on the
lot for any period beyond five days. Such waste material storage shall
be located behind the front building line of the primary building
and no closer than 50 feet to any rear or side lot line and shall
be completely screened from the view of any street or adjoining property.
(11)
No use shall discharge any objectionable and/or potentially
dangerous effluent from plant operations.
(12)
No industrial lagoons for chemicals or other liquid waste shall
be permitted.
(13)
The portion of any such use not located within a building shall
be enclosed or adequately screened in such a manner as to not be visible
across property lines.
(14)
All uses shall be conducted in compliance with applicable governmental
regulations, including the noise and lighting regulations in this
chapter.
(15)
No retail activity shall be permitted.
(16)
The owner of the public utility facility and gas and liquid
pipeline facility shall 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.
(17)
The public utility facility and gas and liquid pipeline facility
shall prepare and file with the Township an emergency response plan
which shall be followed in the event of an emergency at the facility.
(18)
A public utility facility and gas and liquid pipeline facility
that involve hazardous liquid and/or gas pipelines shall be set back
from all occupied structures a minimum distance equal to the pipeline
impact radius.
[1]
Editor’s Note: Former § 84-56, Conversion
of residence to college dormitory, as amended, was repealed 6-12-2013
by Ord. No. 02-2013.
[Added 6-14-1983 by Ord. No. 3-1983;
amended 7-14-1987 by Ord. No. 5-1987]
[1]
Editor's Note: Former § 84-57, Planned
residential development controls, as amended, was repealed 5-12-1980
by Ord. No. 4-80.
Microwave antennas for satellite communication
(hereinafter "microwave antennas") shall be subject to the following
regulations:
A.
All residential zones. Microwave antennas shall be
a permissible accessory use, subject to the following:
(1)
The diameter of the microwave antenna shall
not exceed 10 feet.
(2)
When separately supported, the total height
of the microwave antenna shall not exceed 12 feet.
(3)
The microwave antenna shall be located only
in a rear yard or in the side yard not extending beyond the building
setback 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
four feet in diameter.
(5)
Before erection of any such microwave antenna,
a permit application shall be made to the Township, and a permit shall
be issued in accordance with § 84-67E of this chapter.
B.
All commercial, industrial, Multipurpose, M-S and
POP Districts. Microwave antennas shall be a permissible accessory
use, subject to the following regulations:
(1)
When ground-mounted, the total height of the
entire structure of the microwave antenna, including the pedestal,
shall not exceed 15 feet, and in no event shall the height of the
antenna be increased by raising the natural contour or level of the
ground.
(2)
When roof-mounted, the maximum diameter of the
microwave antenna shall not exceed four feet, unless placed on a flat-roofed
building, in which event the maximum diameter shall be 10 feet. When
located on a flat roof, the antenna shall not be placed on the front
half of the roof relative to the front yard.
(3)
The microwave antenna shall be located only
in the rear yard or in the side yard not extending beyond the building
setback; provided, however, that no microwave antenna shall be permitted
within that portion of a rear or side yard designated or required
to be a buffer area by any provision of this chapter.
(4)
Before erection of any such microwave antenna,
a permit application shall be made to the Township, and a permit shall
be issued in accordance with § 84-67E of this chapter.
C.
General regulations. Microwave antennas shall, in
all zoning districts, be subject to the following additional general
regulations:
[Amended 4-14-1999 by Ord. No. 3-1999]
(1)
No more than one microwave antenna shall be
permitted on any lot. An exception is retail sales of microwave antennas
for permanent display purposes in any commercial district where retail
sales thereof are permitted, and provided, further, that such display
shall be in accordance with the applicable area and bulk regulations
and design standards of such commercial district.
(2)
Microwave antennas shall be properly anchored
and installed to resist minimum wind loads in accordance with the
manufacturer's specifications. Where no minimum standards are provided,
anchorage and installation shall be capable of resisting a minimum
wind load of 30 pounds per square foot of projected horizontal area.
The Township Engineer is authorized to establish minimum design specifications
governing anchorage and installation and, when requested by the Zoning
Officer, shall review and approve plans and specifications for any
installation. Supports, anchors and foundations shall take into account
overturning movements and forces created by wind loading.
(3)
Microwave antennas shall be limited to the following
colors: black, white, olive drab and beige.
(4)
Section 84-57.01 shall in no event be construed to permit as a permissible accessory use any microwave antenna for satellite or land-based communication used or intended to be used for the propagation or transmission of radio or elect magnetic waves, it being the intent hereof that such microwave antennas be permitted only within the I-1, I-2 and I-3 Industrial Districts.
(5)
No microwave antenna installation shall be permitted
in any parking lot or parking area.
D.
Regulations applicable to microwave antennas associated with radio and television studios permitted in the I-1 Campus Light Industrial District. The following regulations shall apply to microwave antennas associated with radio and television studios permitted as a use by right in the I-1 Zoning District and shall supersede any inconsistent provisions set forth in § 84-57.01A, B and C set forth above:
[Added 7-25-1995 by Ord. No. 3-1995]
[1]
Editor's Note: Former § 84-57.02, as amended, was repealed
2-11-2015 by Ord. No. 1-2015.
[Added 4-22-1998 by Ord. No. 5-1998;
amended 9-11-2002 by Ord. No. 10-2002; 8-11-2004 by Ord. No. 19-2004; 12-10-2008 by Ord. No. 10-2008; 7-15-2009 by Ord. No. 06-2009; 10-10-2012 by Ord. No. 07-2012; 6-12-2013 by Ord. No. 03-2013; 2-11-2015 by Ord. No. 1-2015]
A.
Purposes and findings of fact.
(1)
The purpose of these provisions is to establish uniform standards
for the siting, design, permitting, maintenance, and use of wireless
communications facilities in West Goshen Township. While the Township
recognizes the importance of wireless communications facilities in
providing high-quality communications service to its residents and
businesses, the Township also recognizes that it has an obligation
to protect public safety and to minimize the adverse visual effects
of such facilities through the standards set forth in the following
provisions.
(2)
By enacting these provisions, the Township intends to:
(a)
Accommodate the need for wireless communications facilities
while regulating their location and number so as to ensure the provision
for necessary services;
(b)
Provide for the managed development of wireless communications
facilities in a manner that enhances the benefits of wireless communication
and accommodates the needs of both Township residents and wireless
carriers in accordance with federal and state laws and regulations;
(c)
Establish procedures for the design, siting, construction, installation,
maintenance and removal of both tower-based and nontower-based wireless
communications facilities in the Township, including facilities both
inside and outside the public rights-of-way;
(d)
Address new wireless technologies, including, but not limited
to, distributed antenna systems, data collection units, cable wi-fi
and other wireless communications facilities;
(e)
Minimize the adverse visual effects and the number of such facilities
through proper design, siting, screening, material, color and finish
and by requiring that competing providers of wireless communications
services co-locate their commercial communications antennas and related
facilities on existing towers;
(f)
Ensure the structural integrity of commercial communications
antenna support structures through compliance with applicable industry
standards and regulations; and
(g)
Promote the health, safety and welfare of the Township's residents.
B.
General requirements for all nontower wireless communication facilities.
(1)
The following regulations shall apply to all nontower wireless
communications facilities located within the Township, including those
inside the public rights-of-way:
(a)
Permitted in all zoning districts subject to regulations. Nontower
WCFs are permitted in all zoning districts, subject to the restrictions
and conditions prescribed below and subject to applicable permitting
by the Township.
(b)
Standard of care. Any nontower WCF shall be designed, constructed,
operated, maintained, repaired, modified and removed in strict compliance
with all current applicable technical, safety and safety-related codes,
including but not limited to the most recent editions of the American
National Standards Institute (ANSI) Code, National Electrical Safety
Code, and National Electrical Code. Any WCF shall at all times be
kept and maintained in good condition, order and repair by qualified
maintenance and construction personnel, so that the same shall not
endanger the life of any person or any property in the Township.
(c)
Wind. All nontower WCF structures shall be designed to withstand
the effects of wind according to the standard designed by the American
National Standards Institute as prepared by the engineering departments
of the Electronics Industry Association and the Telecommunications
Industry Association (ANSI/EIA-222-E, as amended).
(d)
Aviation safety. Nontower WCFs shall comply with all federal
and state laws and regulations concerning aviation safety.
(e)
Public safety communications. No nontower WCF shall interfere
with public safety communications or the reception of broadband, television,
radio or other communication services enjoyed by occupants of nearby
properties.
(f)
Radio frequency emissions. No nontower WCF may, by itself or
in conjunction with other WCFs, generate radio frequency emissions
in excess of the standards and regulations of the FCC, including,
but not limited to, the FCC Office of Engineering Technology Bulletin
65, entitled "Evaluating Compliance with FCC Guidelines for Human
Exposure to Radio Frequency Electromagnetic Fields," as amended.
(g)
Removal. In the event that use of a nontower WCF is discontinued,
the owner shall provide written notice to the Township of its intent
to discontinue use and the date when the use shall be discontinued.
Unused or abandoned WCFs or portions of WCFs shall be removed as follows:
[1]
All abandoned or unused WCFs and accessory facilities
shall be removed within two months of the cessation of operations
at the site unless a time extension is approved by the Township.
[2]
If the WCF or accessory facility is not removed
within two months of the cessation of operations at a site, or within
any longer period approved by the Township, the WCF and/or associated
facilities and equipment may be removed by the Township and the cost
of removal assessed against the owner of the WCF.
(h)
Timing of approval. Within 30 calendar days of the date that
an application for a nontower WCF is filed with the Township, the
Township shall notify the applicant in writing of any information
that may be required to complete such application. Within 90 calendar
days of receipt of a complete application, the Township shall make
its final decision on whether to approve the application and shall
advise the applicant in writing of such decision. If additional information
was requested by the Township to complete an application, the time
required by the applicant to provide the information shall not be
counted toward the Township's ninety-day review period. Time extensions
may be mutually agreed upon by the parties.
(h.1)
Timing of approval for SWF. Within
10 calendar days of the date that an application for a nontower WCF
that is also a SWF is filed with the Township, the Township shall
notify the applicant in writing of any information that may be required
to complete such application. The Township shall have 10 days from
receipt of the additional information to issue a letter of completeness,
or to request additional information as appropriate. Within 60 calendar
days of receipt of a complete application, the Township shall make
its final decision on whether to approve the application and shall
advise the applicant in writing of such decision. If additional information
was requested by the Township to complete an application, the time
required by the applicant to provide the information shall not be
counted toward the Township's sixty-day review period.
[Added 11-19-2019 by Ord.
No. 10-2019]
(i)
Insurance. Each person that owns or operates a nontower WCF
shall provide the Township with a certificate of insurance evidencing
general liability coverage in the minimum amount of $1,000,000 per
occurrence and property damage coverage in the minimum amount of $1,000,000
per occurrence covering the nontower WCF.
(j)
Indemnification. Each person that owns or operates a nontower
WCF shall, at its sole cost and expense, indemnify, defend and hold
harmless the Township, its elected and appointed officials, employees
and agents, at all times against any and all claims for personal injury,
including death, and property damage arising in whole or in part from,
caused by or connected with any act or omission of the person, its
officers, agents, employees or contractors arising out of, but not
limited to, the construction, installation, operation, maintenance
or removal of the nontower WCF. Each person that owns or operates
a nontower WCF shall defend any actions or proceedings against the
Township in which it is claimed that personal injury, including death,
or property damage was caused by the construction, installation, operation,
maintenance or removal of a nontower WCF. The obligation to indemnify,
hold harmless and defend shall include, but not be limited to, the
obligation to pay judgments, injuries, liabilities, damages, reasonable
attorneys' fees, reasonable expert fees, court costs and all other
costs of indemnification.
(k)
Maintenance. To the extent permitted by law, the following maintenance
requirements shall apply:
[1]
The nontower WCF shall be fully automated and unattended
on a daily basis and shall be visited only for maintenance or emergency
repair.
[2]
Such maintenance shall be performed to ensure the
upkeep of the facility in order to promote the safety and security
of the Township's residents.
[3]
All maintenance activities shall utilize nothing
less than the best available technology for preventing failures and
accidents.
(l)
Reservation of rights. In accordance with applicable law, the
Township reserves the right to deny an application for the construction
or placement of any nontower WCF for numerous factors, which include,
but are not limited to, visual impact, design, and safety standards.
(2)
The following regulations shall apply to all nontower wireless
communications facilities, such as antennas, that do not substantially
change the physical dimensions of the wireless support structure to
which they are attached:
(a)
Permit required. Applicants proposing the modification of an
existing wireless support structure shall obtain the required permits
from the Township. In order to be considered for such permits, the
applicant must submit a permit application to the Township.
(b)
Such nontower WCFs that do not substantially change the physical
dimension of the wireless support structure may be eligible for a
sixty-day time frame for review. The applicant shall assert such eligibility
in writing to the Township and provide documentation reasonably related
to the determining whether the application is eligible for the shortened
review time frame, and if warranted, such application shall be reviewed
within the sixty-day time frame.
(c)
Related equipment. Ground-mounted related equipment greater
than three cubic feet shall not be located within 50 feet of a lot
in residential use or zoned residential.
(d)
Permit fees. The Township may assess appropriate, fair and reasonable
permit fees directly related to the Township's actual costs in reviewing
and processing the application for approval of a nontower WCF as set
forth in fee schedules established by the Township.
[Amended 11-19-2019 by Ord. No. 10-2019]
(3)
The following additional regulations shall apply to all nontower
wireless communications facilities, such as antennas, that do substantially
change the wireless support structure to which they are attached:
(a)
Permitted in all zoning districts subject to regulations. Nontower
WCFs are permitted in all zoning districts, subject to the restrictions
and conditions prescribed below. In residential districts, the height
of an antenna shall not exceed 20 feet, and such WCF shall be located
not closer than 25 feet to any property line.
(b)
Prohibited on certain structures. Nontower WCFs greater than
10 feet in height shall not be located on single-family detached residences,
single-family attached residences, or any residential accessory structure.
(c)
Permit required. Any applicant proposing the construction of
a new nontower WCF, or the modification of an existing nontower WCF,
shall first obtain the required permits from the Township. New construction
and modifications shall be prohibited without a permit. After receipt
of the permit application, the Township Zoning Officer shall determine
whether zoning relief is necessary under the Township Zoning Ordinance.
(d)
Historic buildings. No nontower WCF may be located on a building
or structure that is listed on either the National or Pennsylvania
Register of Historic Places, or is eligible to be so listed, or is
listed on the official historic structures and/or historic districts
list maintained by the Township, or has been designated by the Township
to be of historical significance.
(e)
Retention of experts. The Township may hire any consultant(s)
and/or expert(s) necessary to assist the Township in reviewing and
evaluating the application for approval of the nontower WCF and, once
approved, in reviewing and evaluating any potential violations of
the terms and conditions of this section. The applicant and/or owner
of the WCF shall reimburse the Township for all costs of the Township's
consultant(s) in providing expert evaluation and consultation in connection
with these activities.
(f)
Permit fees. The Township may assess appropriate, fair and reasonable
permit fees directly related to the Township's actual costs in reviewing
and processing the application for approval of a nontower WCF as set
forth in fee schedules established by the Township.
[Amended 11-19-2019 by Ord. No. 10-2019]
C.
Nontower wireless communications facilities outside rights-of-way.
(1)
The following additional regulations shall apply to nontower
wireless communications facilities located outside the rights-of-way
that do substantially change the wireless support structure to which
they are attached:
(a)
Development regulations. Nontower WCFs shall be co-located on
existing structures, such as existing buildings or tower-based WCFs,
subject to the following conditions:
[1]
The total height of any support structure and mounted
WCF shall not exceed the maximum building height permitted in the
underlying zoning district, unless the applicant obtains a variance.
[2]
In accordance with industry standards, all nontower
WCF applicants must submit documentation to the Township justifying
the total height of the nontower WCF. Such documentation shall be
analyzed in the context of such justification on an individual basis.
[3]
If the WCF applicant proposes to locate the related
equipment in a separate building, the building shall comply with the
area and bulk requirements for the applicable zoning district.
[4]
A security fence of not less than six feet and
not more than eight feet shall surround any separate communications
equipment building.
(b)
Design regulations.
[1]
Nontower WCFs shall employ stealth technology subject
to the approval of the Township.
[2]
Antennas, and their respective accompanying support
structures, shall be no greater in diameter than any cross-sectional
dimension that is reasonably necessary for their proper functioning.
[3]
Noncommercial usage exemption. Township citizens
utilizing satellite dishes and antennas for the purpose of maintaining
television, phone, and/or Internet connections at their respective
residences shall be exempt from the design regulations enumerated
in this section.
(c)
Removal and replacement.
[1]
The removal and replacement of nontower WCFs and/or
accessory equipment for the purpose of upgrading or repairing the
WCF is permitted, so long as such repair or upgrade does not increase
the overall size of the WCF or the number of antennas.
(d)
Inspection. The Township reserves the right to inspect any WCF
to ensure compliance with the provisions of this section and any other
provisions found within the Township Code or state or federal law.
The Township and/or its agents shall have the authority to enter the
property upon which a WCF is located at any time, upon reasonable
notice to the operator, to ensure such compliance.
D.
Nontower wireless communications facilities in rights-of-way.
(1)
The following additional regulations shall apply to all nontower
wireless communications facilities located in the rights-of-way:
(a)
Co-location. Nontower WCFs in the ROW shall be co-located on
existing poles, such as existing utility poles or light poles. If
co-location is not technologically feasible, the WCF applicant shall
locate its nontower WCFs on existing poles that do not already act
as wireless support structures.
(b)
Design requirements.
[1]
WCF installations located above the surface grade
in the public ROW, including, but not limited to, those on streetlights
and joint utility poles, shall consist of equipment components that
are no more than six feet in height and that are compatible in scale
and proportion to the structures upon which they are mounted. All
equipment shall be the smallest and least visibly intrusive equipment
feasible.
[2]
Antennas and all support equipment shall be treated
to match the supporting structure. WCFs and accompanying equipment
shall be painted, or otherwise coated, to be visually compatible with
the support structure upon which they are mounted.
(c)
Time, place and manner. The Township shall determine the time,
place and manner of construction, maintenance, repair and/or removal
of all nontower WCFs in the ROW based on public safety, traffic management,
physical burden on the ROW, and related considerations. For public
utilities, the time, place and manner requirements shall be consistent
with the police powers of the Township and the requirements of the
Public Utility Code.
(d)
Equipment location. Nontower WCFs and accessory equipment shall
be located so as not to cause any physical or visual obstruction to
pedestrian or vehicular traffic, or to otherwise create safety hazards
to pedestrians and/or motorists or to otherwise inconvenience public
use of the ROW as determined by the Township. In addition:
[1]
In no case shall ground-mounted equipment, walls,
or landscaping be located within 18 inches of the face of the curb
or within an easement extending onto a privately owned lot.
[2]
Ground-mounted equipment that cannot be located
underground shall be screened, to the fullest extent possible, through
the use of landscaping or other decorative features to the satisfaction
of the Township.
[3]
Required electrical meter cabinets shall be screened
to blend in with the surrounding area to the satisfaction of the Township.
[4]
Any graffiti on any accessory equipment shall be
removed at the sole expense of the owner within 10 business days of
notice of the existence of the graffiti.
[5]
Any proposed underground vault related to nontower
WCFs shall be reviewed and approved by the Township.
(e)
Relocation or removal of facilities. Within 60 days following
written notice from the Township, or such longer period as the Township
determines is reasonably necessary, or such shorter period in the
case of an emergency, an owner of a WCF in the ROW shall, at its own
expense, temporarily or permanently remove, relocate, change or alter
the position of any WCF when the Township, consistent with its police
powers and applicable Public Utility Commission regulations, shall
have determined that such removal, relocation, change or alteration
is reasonably necessary under the following circumstances:
[1]
The construction, repair, maintenance or installation
of any Township or other public improvement in the right-of-way;
[2]
The operations of the Township or other governmental
entity in the right-of-way;
[3]
Vacation of a street or road or the release of
a utility easement; or
[4]
An emergency as determined by the Township.
E.
General requirements for all tower-based wireless communications
facilities.
(1)
The following regulations shall apply to all tower-based wireless
communications facilities in the Township:
(a)
Standard of care. Any tower-based WCF shall be designed, constructed,
operated, maintained, repaired, modified and removed in strict compliance
with all current applicable technical, safety and safety-related codes,
including, but not limited to, the most recent editions of the American
National Standards Institute (ANSI) Code, National Electrical Safety
Code, National Electrical Code, as well as the accepted and responsible
workmanlike industry practices of the National Association of Tower
Erectors. Any tower-based WCF shall at all times be kept and maintained
in good condition, order and repair by qualified and licensed personnel,
so that the same shall not endanger the life of any person or any
property in the Township.
(b)
Notice. Upon submission of a conditional use application for
a tower-based WCF and the scheduling of the public hearing upon the
application, the applicant shall mail notice to all owners of every
property within 500 feet of the proposed facility. The applicant shall
provide proof of the notification to the Township.
(c)
Conditional use authorization.
[1]
Tower-based WCFs are permitted in certain zoning
districts by conditional use and only in such location within such
districts and at a height necessary to satisfy their function in the
applicant's wireless communications system.
[2]
The applicant for conditional use approval shall
prove to the reasonable satisfaction of the Board that the applicant
cannot adequately extend or infill its communications system by the
use of equipment such as radomes, repeaters, antennas and other similar
equipment installed on existing structures, such as utility poles
or their appurtenances and other available tall structures. The applicant
shall further demonstrate that the proposed WCF must be located where
it is proposed and at the height proposed in order to serve the applicant's
service area and that no other viable alternative location exists.
[3]
The conditional use application shall be accompanied
by a propagation study evidencing the need for the proposed tower
or other communication facilities and equipment, a description of
the type and manufacturer of the proposed transmission/radio equipment,
the frequency range (megahertz band) assigned to the applicant, the
power in watts at which the applicant transmits, the design gain of
the applicant's antenna(s), the subscriber equipment sensitivity expressed
in dBm, the design dBm of the transmission and receiving equipment
and the results of the drive test conducted by the applicant in determining
the need for the proposed site and installation.
[4]
The conditional use application shall also be accompanied
by documentation demonstrating that the proposed tower-based WCF complies
with all state and federal laws and regulations concerning aviation
safety.
[5]
Where the tower-based WCF is located on a property
with another principal use, the applicant shall present documentation
to the Board that the owner of the property has granted an easement
for the proposed WCF and that vehicular access will be provided to
the facility.
[6]
Tower-based WCFs shall employ stealth technology,
subject to the Board's approval, as part of the conditional use approval
process. All wireless communications equipment buildings and other
accessory facilities shall be aesthetically and architecturally compatible
with the surrounding environment and shall maximize the use of a like
facade to blend with the existing surroundings and neighboring buildings
to the greatest extent possible.
[7]
The Board of Supervisors shall consider whether
its decision and conditions placed upon any conditional use approval
will promote the harmonious and orderly development of the zoning
district involved; encourage compatibility with the character and
type of development existing in the area; benefit neighboring properties
by preventing a negative impact on the aesthetic character of the
community; preserve woodlands and trees existing at the site to the
greatest possible extent; and encourage sound engineering and land
development design and construction principles, practices and techniques.
[8]
An application for a new tower-based WCF shall
not be approved unless it is shown by the applicant that the wireless
communications equipment planned for the proposed tower-based WCF
cannot be accommodated on an existing or approved structure or building,
or on Township property. The Board of Supervisors may deny an application
to construct a new tower-based WCF if the applicant has not made a
good faith effort to mount the antenna(s) on an existing structure
as set forth in this section. The applicant shall demonstrate that
it contacted the owners of tall structures, buildings, and towers
within a one-quarter-mile radius of the site proposed, sought permission
to install an antenna on those structures, buildings, and towers and
was denied for one of the following reasons:
[a]
The proposed antenna and related equipment would
exceed the structural capacity of the existing building, structure
or tower, and its reinforcement cannot be accomplished at a reasonable
cost.
[b]
The proposed antenna and related equipment would
cause radio frequency interference with other existing equipment for
that existing building, structure, or tower, and the interference
cannot be prevented at a reasonable cost.
[c]
Such existing buildings, structures, or towers
do not have adequate location, space, access, or height to accommodate
the proposed equipment or to allow it to perform its intended function.
[d]
A commercially reasonable agreement could not be
reached with the owner of such building, structure, or tower.
[9]
An applicant for a tower-based WCF must demonstrate
that a significant gap in wireless coverage exists with respect to
all wireless operators in the applicable area and that the type of
WCF being proposed is the least intrusive means by which to fill that
gap in wireless coverage. The existence or nonexistence of a gap in
wireless coverage shall be a factor in the Township's decision on
an application for approval of tower-based WCFs.
(d)
Development and design regulations.
[1]
Compliance with the following regulations shall
be shown during the conditional use process, or prior to issuance
of building permits, and remain applicable to the tower-based WCF
during its lifetime of use:
[a]
Engineer inspection. Prior to the Township's issuance
of a permit authorizing construction and erection of a tower-based
WCF, a structural engineer registered in Pennsylvania shall issue
to the Township a written certification of the proposed WCF's ability
to meet the structural standards offered by either the Electronic
Industries Association or the Telecommunication Industry Association
and certify the proper construction of the foundation and the erection
of the structure.
[b]
Additional antennas. As a condition of approval
for all tower-based WCFs, the WCF applicant shall provide the Township
with a written commitment that it will allow other service providers
to co-locate antennas on tower-based WCFs where technically and economically
feasible. The owner of a tower-based WCF shall not install any additional
antennas without obtaining the required permits from the Township.
[c]
Permit required for modifications. To the extent
permissible under applicable state and federal law, any applicant
proposing the modification of an existing tower-based WCF which increases
the overall height of such WCF shall first obtain a zoning permit
from the Township. Nonroutine modifications shall be prohibited without
a zoning permit.
[d]
Wind. Any tower-based WCF structures shall be designed
to withstand the effects of wind according to the standard designed
by the American National Standards Institute as prepared by the engineering
departments of the Electronics Industry Association and the Telecommunications
Industry Association (ANSI/EIA-222-E, as amended).
[e]
Site plan. A full site plan shall be required for
all tower-based WCFs, showing all existing and proposed structures
and improvements, including but not limited to the antenna(s), antenna
support structure, building, fencing, buffering and ingress and egress.
[f]
Height. All tower-based WCF applicants must submit
documentation to the Township justifying the total height of the structure.
The maximum total height of any tower-based WCF which is not located
in the public ROW shall not exceed 120 feet, as measured vertically
from the ground level to the highest point on the structure, including
antennas and subsequent alterations. Should the applicant prove that
another provider of wireless communications services has agreed to
co-locate antennas on the applicant's tower-based WCF and requires
a greater tower height to provide satisfactory service for wireless
communications than is required by the applicant, the total height
of such tower-based WCF shall be permitted to extend to, but not exceed,
150 feet.
[g]
Related equipment. Either one single-story wireless
communications equipment building not exceeding 500 square feet in
area or up to five metal boxes placed on a concrete pad not exceeding
10 feet by 20 feet in area housing the receiving and transmitting
equipment may be located on the site for each unrelated company sharing
antenna space on the tower-based wireless communications facility.
[h]
Public safety communications. No tower-based WCF
shall interfere with public safety communications or the reception
of broadband, television, radio or other communication services enjoyed
by occupants of nearby properties.
[i]
Maintenance.
[i]
Any tower-based WCF shall be fully automated and
unattended on a daily basis and shall be visited only for maintenance
or emergency repair.
[ii]
Maintenance shall be performed to ensure the upkeep
of the facility in order to promote the safety and security of the
Township's residents.
[iii]
All maintenance activities shall utilize nothing
less than the best available technology for preventing failures and
accidents.
[j]
Radio frequency emissions. No tower-based WCF shall,
by itself or in conjunction with other WCFs, generate radio frequency
emissions in excess of the standards and regulations of the FCC, including,
but not limited to, the FCC Office of Engineering Technology Bulletin
65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure
to Radio Frequency Electromagnetic Fields," as amended.
[k]
Historic buildings or districts. No tower-based
WCF shall be located on a property, building or structure that is
listed on either the National or Pennsylvania Register of Historic
Places, or eligible to be so listed, or is included in the official
historic structures and/or historic districts list maintained by the
Township.
[l]
Signs. All tower-based WCFs shall post a sign in
a readily visible location identifying the name and phone number of
a party to contact in the event of an emergency. The only other signage
permitted on the WCF shall be those required by the FCC, or any other
federal or state agency.
[m]
Lighting. No tower-based WCF shall be artificially
lighted, except as required by law. If lighting is required, the applicant
shall provide a detailed plan for sufficient lighting, demonstrating
as unobtrusive and inoffensive an effect as is permissible under state
and federal regulations.
[n]
Noise. Tower-based WCFs shall be operated and maintained
so as not to produce noise in excess of applicable noise standards
under state law and the Township Code, except in emergency situations
requiring the use of a backup generator, where such noise standards
may be exceeded on a temporary basis only.
[o]
Aviation safety. Tower-based WCFs shall comply
with all federal and state laws and regulations concerning aviation
safety.
[p]
Retention of experts. The Township may hire any
consultant(s) and/or expert(s) necessary to assist the Township in
reviewing and evaluating the application for approval of the tower-based
WCF and, once approved, in reviewing and evaluating any potential
violations of the terms and conditions of this section. The applicant
and/or owner of the WCF shall reimburse the Township for all costs
of the Township's consultant(s) in providing expert evaluation and
consultation in connection with these activities.
[q]
Timing of approval. Within 30 calendar days of
the date that an application for a tower-based WCF is filed with the
Township, the Township shall notify the applicant in writing of any
information that may be required to complete such application. All
applications for tower-based WCFs shall be acted upon within 150 days
of the receipt of a fully completed application for the approval of
such tower-based WCF, and the Township shall advise the applicant
in writing of its decision. If additional information was requested
by the Township to complete an application, the time required by the
applicant to provide the information shall not be counted toward the
one-hundred-fifty-day review period. Time extensions may be granted
if mutually agreed upon by the parties.
[q.1]
Timing of approval for SWF. Within
10 calendar days of the date that an application for a tower-based
WCF that is also a SWF is filed with the Township, the Township shall
notify the applicant in writing of any information that may be required
to complete such application. The Township shall have 10 days from
the receipt of the additional information to issue a letter of completeness,
or to request additional information as appropriate. Within 90 calendar
days of receipt of a complete application, the Township shall make
its final decision on whether to approve the application and shall
advise the applicant in writing of such decision. If additional information
was requested by the Township to complete an application, the time
required by the applicant to provide the information shall not be
counted toward the ninety-day review period. If the application is
subject to conditional use approval, such conditional use provisions
will remain applicable to the application; however, the timing of
approval shall not fall outside the timeline set forth in this section
unless otherwise agreed upon by the applicant and the Township.
[Added 11-19-2019 by Ord.
No. 10-2019]
[r]
Nonconforming uses. Nonconforming tower-based WCFs
which are hereafter damaged or destroyed due to any reason or cause
may be repaired and restored at their former location, but must otherwise
comply with the terms and conditions of this section.
[s]
Removal. In the event that use of a tower-based
WCF is planned to be discontinued, the owner shall provide written
notice to the Township of its intent to discontinue use and the date
when the use shall be discontinued. Unused or abandoned WCFs or portions
of WCFs shall be removed as follows:
[ii]
All unused or abandoned tower-based WCFs and accessory
facilities shall be removed within six months of the cessation of
operations at the site unless a time extension is approved by the
Township.
[iii]
If the WCF and/or accessory facility is not removed
within six months of the cessation of operations at a site, or within
any longer period approved by the Township, the WCF and accessory
facilities and equipment may be removed by the Township and the cost
of removal assessed against the owner of the WCF.
[iv]
Any unused portions of tower-based WCFs, including
antennas, shall be removed within six months of the time of cessation
of operations. The Township must approve all replacements of portions
of a tower-based WCF previously removed.
[t]
Permit fees. The Township may assess appropriate,
fair and reasonable permit fees directly related to the Township's
actual costs in reviewing and processing the application for approval
of a tower-based WCF as set forth in fee schedules established by
the Township.
[Amended 11-19-2019 by Ord. No. 10-2019]
[u]
FCC license. Each person that owns or operates
a tower-based WCF shall submit a copy of its current FCC license,
including the name, address, and emergency telephone number for the
operator of the facility.
[v]
Reservation of rights. In accordance with applicable
law, the Township reserves the right to deny an application for the
construction or placement of any tower WCF for numerous factors, including,
but not limited to, visual impact, design, and safety standards.
[w]
Insurance. Each person that owns or operates a
tower-based WCF greater than 40 feet in height shall provide the Township
with a certificate of insurance evidencing general liability coverage
in the minimum amount of $5,000,000 per occurrence and property damage
coverage in the minimum amount of $5,000,000 per occurrence covering
the tower-based WCF. Each person that owns or operates a tower-based
WCF 40 feet or less in height shall provide the Township with a certificate
of insurance evidencing general liability coverage in the minimum
amount of $1,000,000 per occurrence and property damage coverage in
the minimum amount of $1,000,000 per occurrence covering each tower-based
WCF.
[x]
Indemnification. Each person that owns or operates
a tower-based WCF shall, at its sole cost and expense, indemnify,
defend and hold harmless the Township, its elected and appointed officials,
employees and agents, at all times against any and all claims for
personal injury, including death, and property damage arising in whole
or in part from, caused by or connected with any act or omission of
the person, its officers, agents, employees or contractors arising
out of, but not limited to, the construction, installation, operation,
maintenance or removal of the tower-based WCF. Each person that owns
or operates a tower-based WCF shall defend any actions or proceedings
against the Township in which it is claimed that personal injury,
including death, or property damage was caused by the construction,
installation, operation, maintenance or removal of the tower-based
WCF. The obligation to indemnify, hold harmless and defend shall include,
but not be limited to, the obligation to pay judgments, injuries,
liabilities, damages, reasonable attorneys' fees, reasonable expert
fees, court costs and all other costs of indemnification.
[y]
Engineer signature. All plans and drawings for
a tower-based WCF and associated antenna shall contain a seal and
signature of a professional structural engineer, licensed in the Commonwealth
of Pennsylvania.
[z]
Financial security. Prior to receipt of a zoning
permit for the construction or placement of a tower-based WCF, the
applicant shall provide to the Township financial security sufficient
to guarantee the removal of the tower-based WCF. The amount of financial
security required shall be determined by the Township Engineer based
on cost estimates of the cost to dismantle the tower-based WCF. Said
financial security shall remain in place until the tower-based WCF
is removed.
F.
Tower-based WCFs outside rights-of-way.
(1)
The following additional regulations shall apply to tower-based
wireless communications facilities located outside the rights-of-way:
(a)
Development regulations.
[2]
Sole use on lot. A tower-based WCF shall be permitted
as a sole use on a lot, provided that the underlying lot meets the
minimum lot area of the district in which it is located. The minimum
distance between the base of a tower-based WCF and any adjoining property
line or street right-of-way line shall equal 110% of the proposed
WCF structure height, unless it is demonstrated to the reasonable
satisfaction of the Board and its engineer or consultants that in
the event of failure the WCF is designed to collapse upon itself within
a setback area less than the required minimum setback without endangering
such adjoining uses and their occupants.
[3]
Combined with another use. A tower-based WCF may
be permitted on a property with an existing use, or on a vacant parcel
in combination with another use, except residential, subject to the
following conditions:
[a]
The existing use on the property may be any permitted
use in the applicable district, and need not be affiliated with the
WCF.
[b]
Minimum lot area. The minimum lot area shall comply
with the requirements for the applicable district and shall be the
area needed to accommodate the tower-based WCF, the equipment building,
security fence, and buffer planting.
[c]
Minimum setbacks. The minimum distance between
the base of a tower-based WCF and any adjoining property line or street
right-of-way line shall equal 110% of the proposed tower-based WCF's
height, unless it is demonstrated to the reasonable satisfaction of
the Board and its engineer or consultants that in the event of failure
the WCF is designed to collapse upon itself within a setback area
less than the required minimum setback without endangering such adjoining
uses and their occupants.
(c)
Surrounding environs.
[1]
The WCF applicant shall ensure that the existing
vegetation, trees and shrubs located within proximity to the WCF structure
shall be preserved to the maximum extent possible.
[2]
The WCF applicant shall submit a soil report to
the Township complying with the standards of Appendix I: Geotechnical
Investigations, ANSI/EIA-222-E, as amended, to document and verify
the design specifications of the foundation of the tower-based WCF,
and anchors for guy wires, if used.
(d)
Fence/screen.
[1]
A security fence having a minimum height of six
feet and a maximum height of eight feet shall completely surround
any tower-based WCF greater than 40 feet in height and any building
housing WCF equipment.
[2]
Landscaping. Landscaping shall be required to screen
as much of a newly constructed tower-based WCF as possible. The Board
of Supervisors may permit any combination of existing vegetation,
topography, walls, decorative fences or other features instead of
landscaping if, in the discretion of the Board of Supervisors, they
achieve the same degree of screening.
(e)
Accessory equipment.
[1]
Ground-mounted equipment associated to, or connected
with, a tower-based WCF shall be located underground or screened from
public view using stealth technologies, as described above.
[2]
All utility buildings and accessory structures
shall be architecturally designed to blend into the environment in
which they are situated and shall meet the minimum setback requirements
of the underlying zoning district.
(f)
Access road. An access road, turnaround space and parking shall
be provided to ensure adequate emergency and service access to tower-based
WCFs. Maximum use of existing roads, whether public or private, shall
be made to the extent practicable. Road construction shall at all
times minimize ground disturbance and the cutting of vegetation. Road
grades shall closely follow natural contours to assure minimal visual
disturbance and minimize soil erosion.
(g)
Parking. For each tower-based WCF greater than 40 feet in height,
there shall be two off-street parking spaces.
(h)
Inspection. The Township reserves the right to inspect any tower-based
WCF to ensure compliance with the provisions of this section and any
other applicable provisions found within the Township Code or state
or federal law. The Township and/or its agents shall have the authority
to enter the property upon which a WCF is located at any time, upon
reasonable notice to the operator, to ensure such compliance.
G.
Tower-based WCFs in rights-of-way.
(1)
The following regulations shall apply to tower-based wireless
communications facilities located in the rights-of-way:
(a)
Development regulations.
[Amended 11-19-2019 by Ord. No. 10-2019]
[1]
Tower-based WCFs greater than 55 feet in height
shall be prohibited in the public rights-of-way.
[2]
Tower-based WCFs 55 feet or shorter in height shall
be permitted by conditional use, regardless of the underlying zoning
district, within the rights-of-way of the roads as listed and specifically
described in Attachment 084d, Aerial Utility Roadways,[1] which is herein adopted.
[1]
Editor's Note: Attachment 084d, Aerial Utility Roadways, is included at the end of this chapter.
[3]
Tower-based WCFs shall not be located in a right-of-way
that directly fronts or abuts the front yard setback of a dwelling
unit that is currently used for residential purposes or zoned residential.
(b)
Time, place and manner. The Township shall determine the time,
place and manner of construction, maintenance, repair and/or removal
of all tower-based WCFs in the ROW based on public safety, traffic
management, physical burden on the ROW, and related considerations.
For public utilities, the time, place and manner requirements shall
be consistent with the police powers of the Township and the requirements
of the Public Utility Code.
(c)
Equipment location. Tower-based WCFs and accessory equipment
shall be located so as not to cause any physical or visual obstruction
to pedestrian or vehicular traffic, or to otherwise create safety
hazards to pedestrians and/or motorists or to otherwise inconvenience
public use of the ROW as determined by the Township. In addition:
[1]
In no case shall ground-mounted equipment, walls,
or landscaping be located within 18 inches of the face of the curb.
[2]
Ground-mounted equipment that cannot be located
underground shall be screened, to the fullest extent possible, through
the use of landscaping or other decorative features to the satisfaction
of the Township.
[3]
Required electrical meter cabinets shall be screened
to blend in with the surrounding area to the satisfaction of the Township.
[4]
Any graffiti on the tower or on any accessory equipment
shall be removed at the sole expense of the owner within 10 business
days of notice of the existence of the graffiti.
[5]
Any underground vaults related to tower-based WCFs
shall be reviewed and approved by the Township.
(d)
Design regulations.
[1]
The WCF shall employ the most current stealth technology
available in an effort to appropriately blend into the surrounding
environment and minimize aesthetic impact and shall be subject to
the approval of the Township.[2]
[2]
Former Subsection G(1)(d)[2], regarding tower-based WCFs in
the public right-of-way, which immediately followed this subsection,
was repealed 11-19-2019 by Ord. No. 10-2019.
(e)
Relocation or removal of facilities. Within 60 days following
written notice from the Township, or such longer period as the Township
determines is reasonably necessary or such shorter period in the case
of an Emergency, an owner of tower-based WCF in the ROW shall, at
its own expense, temporarily or permanently remove, relocate, change
or alter the position of any WCF when the Township, consistent with
its police powers and applicable Public Utility Commission regulations,
shall determine that such removal, relocation, change or alteration
is reasonably necessary under the following circumstances:
[1]
The construction, repair, maintenance or installation
of any Township or other public improvement in the right-of-way;
[2]
The operations of the Township or other governmental
entity in the right-of-way;
[3]
Vacation of a street or road or the release of
a utility easement; or
[4]
An emergency as determined by the Township.
(f)
Reimbursement for ROW use. In addition to applicable permit
fees, every tower-based WCF in the ROW is subject to the Township's
right to fix annually a fair and reasonable compensation to be paid
for use and occupancy of the ROW. Such compensation for ROW use shall
be directly related to the Township's actual ROW management costs,
including, but not limited to, the costs of the administration and
performance of all reviewing, inspecting, permitting, supervising
and other ROW management activities by the Township. The owner of
each tower-based WCF shall pay an annual fee to the Township to compensate
the Township for the Township's costs incurred in connection with
the activities described above.
H.
Wireless communications facilities in MCX Municipal Complex District.
(1)
The following regulations shall apply to wireless communications
facilities in the MCX Municipal Complex District:
(a)
Tower-based wireless communications facilities may be permitted
in the MCX Municipal Complex District when approved by conditional
use pursuant to the procedures and applicable regulations specified
in the preceding Subsections governing tower-based WCFs, and subject
to the following additional criteria, each of which shall be a condition
precedent to the grant of any such approval.
[1]
No more than two tower-based WCFs shall be located
in the MCX Municipal Complex District. Lattice tower structures shall
not be permitted.
[2]
The specific location of the tower-based WCF and
related equipment within the MCX Municipal Complex District shall
be at the absolute discretion of the Board and shall be an express
condition of approval thereof.
[3]
The conditional use application shall be accompanied
by a scaled plan prepared by a Pennsylvania-registered professional
engineer showing the proposed facilities and their location within
the MCX Municipal Complex District, and their visual and spatial relationship
to all other buildings, structures and natural features located within
the MCX Municipal Complex District, and scaled elevations of the proposed
structures.
(b)
When no tower-based structure is proposed, or in the case where
a previously approved tower-based WCF is located within the MCX Municipal
Complex District, antennas of providers other than the entity owning
the tower may co-locate on the tower, if the proposed co-location
meets all of the requirements set forth in the Pennsylvania Wireless
Broadband Collocation Act, and subject to the applicable co-location
permitting process of the Township.
I.
Police powers. The Township, by granting any permit or taking any
other action pursuant to this section, does not waive, reduce, lessen
or impair the lawful police powers vested in the Township under applicable
federal, state and local laws and regulations.
J.
Consistency with state and federal laws and regulations. The provisions
contained herein regulating wireless communications facilities are
intended to comply with federal and state laws and regulations in
effect as of the date of adoption of this section. To the extent that
any of the provisions in this section conflict with any federal or
state statute or regulations, the federal or state statutes or regulations
shall control unless the applicable federal or state statutes or regulations
allow for more stringent provisions in local ordinances. In which
case, the more stringent provisions of local ordinances shall remain
in effect and shall control in such instances.
[Added 11-19-2019 by Ord.
No. 10-2019]
[Added 8-8-1978 by Ord. No. 6-1978;
amended 2-9-2005 by Ord. No. 4-2005; 4-25-2012 by Ord. No. 03-2012]
A.
Manufacturing activities in this section shall be carried on in completely enclosed buildings. Only storage may be permitted out of doors, under the provisions of § 84-55B of this chapter.
B.
(Reserved)
C.
Control of vibration. Operating or permitting the
operation of any device that creates vibration which is above the
vibration perception threshold of an individual at or beyond the property
boundary of the source if on private property or at 50 feet from the
source if on a public space or public right-of-way shall be prohibited.
For the purposes of this section, "vibration perception threshold"
means the minimum ground- or structure-born vibrational motion necessary
to cause a normal person to be aware of the vibration by such direct
means as, but not limited to, sensation by touch or visual observation
of moving objects.
D.
Control of outdoor storage and waste disposal.
(1)
No flammable or explosive liquids, solids or
gases shall be stored in bulk above the ground, except for tanks or
drums of fuel directly connecting with energy devices, heating devices
or appliances located and operated on the same lot as the tanks or
drums of fuel.
(2)
All outdoor storage facilities for fuel, raw materials and products stored outdoors, including those permitted in Subsection D(1) above, shall be enclosed by a fence of a type, construction and size as shall be adequate to protect and conceal the facilities from any adjacent properties. Fencing shall not only encompass the question of safety but also of screening, and the screening shall preferably be evergreen. All National Occupational Safety and Health Administration regulations shall be met.
(3)
No materials or wastes shall be deposited upon
a lot in such form or manner that they may be transported off by natural
causes or forces, nor shall any substance which can contaminate a
stream or watercourse or otherwise render such stream or watercourse
undesirable as a source of water supply or recreation, or which will
destroy aquatic life, be allowed to enter any stream or watercourse.
Applicable Department of Environmental Protection regulations shall
apply.
(4)
All materials or wastes which might cause fumes
or dust or which constitute a fire hazard or which may be edible or
otherwise attractive to rodents or insects shall be stored outdoors
only if enclosed in containers adequate to eliminate such hazards.
Applicable County Department of Health and National Occupational Safety
and Health Administration regulations shall apply.
E.
Control of dust, dirt, smoke, vapors, gases and odors. The air pollution control regulations promulgated by the State Air Pollution Control Act of January 8, 1960, Public Law 2119, as amended, shall be used to control the emissions of dust, dirt, smoke, vapors, gases and odors in West Goshen Township. The regulations are part of Title 25, Rules and Regulations, Department of Environmental Protection, Subpart Co., Protection of Natural Resources, Article III, Air Resources.
F.
Storage of materials.
(1)
Highly flammable or explosive liquids, solids
or gases shall be stored underground.
(2)
No materials or wastes shall be deposited upon
a lot in such form or manner that they may be transferred off the
lot by natural causes or forces, nor shall any substance which can
contaminate a stream or watercourse or otherwise render such stream
or watercourse undesirable as a source of water supply or recreation
or which will destroy aquatic life be allowed to enter any stream
or watercourse.
(3)
All materials or wastes which might cause fumes
or dust or which constitute a fire hazard or which may be edible or
otherwise attractive to rodents or insects shall be stored outdoors
only in enclosed containers which are adequate to eliminate such hazards.
G.
Light, glare and heat control. No use shall carry
on an operation that will produce light, heat or glare perceptible
beyond the property line of the lot on which the operation is situated.
H.
Electric, diesel, gas or other power. Every use requiring
power shall be so operated that any service lines, substation, etc.,
shall conform to the highest applicable safety requirements and shall
be constructed, installed, etc., so that they will be an integral
part of the architectural features of the plant or, if visible from
abutting residential properties, shall be concealed by evergreen planting.
I.
Control of radioactivity or electrical emissions or
electrical disturbances. Activities which may emit radioactivity beyond
enclosed areas shall comply with the codes of the Pennsylvania Department
of Environmental Protection Division of Radiology. The Federal Nuclear
Regulatory Commission shall also regulate the control of radioactive
material associated with any activity in the Township. No electrical
disturbances, except from domestic household appliances, shall be
permitted to adversely affect any equipment at any time other than
the equipment creating the disturbance.
[Added 6-4-1985 by Ord. No. 10-1985;
amended 9-22-1987 by Ord. No. 10-1987; 3-10-2004 by Ord. No. 3-2004]
No commercial vehicle or part thereof having a gross vehicle weight rating (GVWR), either solely or in combination, exceeding 8,000 pounds or which is in excess of 18 feet in length shall be parked, stored or maintained on any street, road, right-of-way, lot or within any building or structure in any residential district established in § 84-4 of this chapter, except a construction vehicle or vehicles owned by a building contractor or other tradesman temporarily engaged in the performance of actual work or delivery of materials to any such street, road, right-of-way, lot, building or structure. The proper maintenance and storage of farm equipment, horse vans and recreational vehicles or a motor home, a recreational trailer or a farm truck, as the latter terms are defined in the Pennsylvania Vehicle Code, on a lot owned or occupied by the owner of such equipment or vehicle shall not be deemed to be prohibited by this section. For purposes of this section, the term "gross vehicle weight rating" shall have the meaning ascribed to it in the definition section of the Pennsylvania Vehicle Code.
[Added 11-24-1987 by Ord. No. 17-1987]
No single-family residential building may be
used or occupied as a bed-and-breakfast inn without compliance with
all of the regulations established in this section and the issuance
by the Zoning Officer of a use and occupancy permit.
A.
A bed-and-breakfast inn may be located in any zoning
district but only within a building determined by the Pennsylvania
Historic and Museum Commission to be an historic building or within
a building eligible to be listed on the National Register of Historic
Places.
[Amended 4-14-1999 by Ord. No. 3-1999]
B.
The number of guest rooms for transient accommodation
shall not exceed three in any building having a habitable floor area,
as defined in § 84-56C(1), of 3,000 square feet or less.
One additional guest room may be added for each additional 600 square
feet of habitable floor area up to a maximum total number of six guest
rooms.
C.
The minimum lot size shall be the minimum lot size
designated in the applicable zoning district, plus an additional 10,000
square feet for each guest room for any lot less than one acre.
D.
The building shall be the "principal residence" of
the "owner," as these latter two terms are defined in § 84-56C(1).
E.
At a minimum, parking shall be provided as required
by the minimum parking regulations of the applicable district; provided,
however, that one additional parking space shall be required for each
guest room and for one employee, if any. In all residential districts,
the minimum parking setback from an adjacent property line shall be
15 feet, and, when four or more guests and employee parking spaces
are provided, the parking area shall be screened from direct view
of any adjacent residential use by a completely planted visual barrier
consisting of a double row of evergreen plantings with a minimum height
of six feet after the planting and placed no more than eight feet
apart. The required plantings shall be staggered so as to provide
as complete a visual barrier as is possible.
F.
No more than one employee shall be permitted to work
on the premises at any time, and none shall be present between the
hours of 11:00 p.m. and 6:00 a.m. Members of the owner's immediate
family who are residents on the premises shall not be considered employees,
whether or not paid.
G.
Notwithstanding anything contained in any of the applicable
district regulations, any inn containing four or more guest rooms
shall be served by public sewer.
I.
No guest may be registered for a maximum continuous
period in excess of seven consecutive nights. The owner shall maintain
a guest register and shall preserve registration records for a minimum
of three years. The register and all records shall be made available
for inspection by the Township Zoning Officer or Codes Enforcement
Officer at any time.
J.
Any meals provided and any amenities connected with
the guest rooms, such as a swimming pool or tennis court, shall be
solely for the use of the owner, the owner's family and the owner's
registered guest.
K.
One sign shall be permitted identifying the property
as a bed-and-breakfast inn. The sign shall not exceed three square
feet in area, shall be set back a minimum of three feet from the road
right-of-way and shall contain no information other than identification
of the premises as the named bed-and-breakfast inn.
L.
An application for a use and occupancy permit and
the procedure for issuance shall be as set forth in § 84-56B(1)(a)
through (f) and B(2).
M.
Upon compliance with all of the requirements of this
section and other applicable codes and regulations, the Zoning Officer
shall be authorized to issue a permit which shall be valid for a period
of one year unless sooner revoked for violation of any condition imposed
by the Zoning Officer, any misrepresentation of fact made to the Zoning
Officer or Codes Enforcement Officer in conjunction with the application
and review process or violation of this section or any provision of
this Code. Within 30 days prior to the expiration of any such permit,
the property owner shall make application for a permit renewal to
the Zoning Officer, who shall, as a condition of issuance of such
renewal, make an inspection of the premises for which the permit is
sought to determine continued compliance with this Code. In the event
that the Zoning Officer determines that a violation exists, the permit
shall not be renewed until the violation is cured.
N.
Upon nonrenewal or revocation of the permit for cause
shown, the use of the premises as a bed-and-breakfast inn shall immediately
cease, and continuation thereof shall subject the owner to the penalty
provisions of this chapter and/or such other legal action as the Township
shall determine necessary.
[Added 4-18-1989 by Ord. No. 3-1989]
In any zoning district which permits child day-care
centers and/or adult day-care centers, any such facility shall, in
addition to the minimum standards established in this chapter, be
designed to the minimum specifications of commonwealth regulatory
agencies having jurisdiction, including indoor and outdoor recreational
areas and may include eating and drinking facilities for the exclusive
use of employees and clients/students, but shall not be used as a
permanent or temporary residence by employees and clients/students.
[Added 1-28-1992 by Ord. No. 1-1992]
In each district established in § 84-4 of this chapter:
A.
Eighty percent of the minimum required lot size shall
be outside the boundary of and unencumbered by the identified floodplain
area, wetlands or stormwater management basin. For purposes of this
regulation, the area of a stormwater basin shall be calculated by
measuring the area of the water surface within the basin projected
to exist at the level of the basin overflow.
[Amended 7-19-2017 by Ord. No. 5-2017]
B.
Each lot shall contain a minimum contiguous lot area
having a slope of less than 15% percent equal to the following designated
percentages of the minimum lot size required by the applicable district
regulations:
|
Minimum Lot Size
|
Percentage Under 15%
| |
|---|---|---|
|
2 acres and over
|
60%
| |
|
30,000 square feet to 2 acres
|
65%
| |
|
22,000 square feet to 29,999 square feet
|
70%
| |
|
18,000 square feet to 21,999 square feet
|
75%
| |
|
Under 17,999 square feet
|
80%
|
A.
A mansion located on a country house estate may be
used as a reception hall, museum, exhibition hall or any use of the
same general character upon compliance with all of the regulations
established in this section.
(1)
A reception hall, museum, exhibition hall or any use of the same general character may be located only in the R-3B District within a mansion located on a country house estate as those terms are defined in § 84-8.
(2)
No new buildings or structures shall be located in a buffer zone not less than 100 feet wide meeting the requirements of § 84-39B(12)(c)[1], [2] and [4] of this chapter. The buffer zone shall be located and maintained within each required side, rear and front yard around the perimeter of the lot. Buildings, structures, driveways and parking areas currently existing on a country house estate lot on the effective date of this section may be located in the required buffer zone on a lot created by subdivision after enactment of this section. New driveways, parking areas and associated directional signs may be located in the required buffer zone, provided that said parking areas are screened by a vegetative buffer screen approved by the Board of Supervisors shielding the proposed parking areas from adjacent streets and/or residential properties and said signs conform to the requirements of § 84-52 of this chapter.
(3)
The lot shall have minimum side, rear and front yards (including building setback) of 200 feet, and no new buildings or structures shall be located within the minimum yards. Buildings, structures, driveways and parking areas currently existing on a country house estate lot on the effective date of this section may remain within the required yards and required buffer zones as established in § 84-57.6A(2) above on a lot created by subdivision after enactment of this section. New driveways, parking areas and associated directional signs may be located in the required yards, provided that said parking areas are screened by a vegetative buffer screen approved by the Board of Supervisors shielding the proposed parking areas from adjacent streets and/or residential properties and said signs conform to the requirements of § 84-52 of this chapter. The lot shall have a minimum lot width at the building line of 600 feet and at the street right-of-way line of 400 feet and shall be limited to a total lot impervious coverage of 20% maximum and minimum green area of 80%. The required green area may contain pervious trails and paths.
(4)
Parking shall be located only onsite with no
off-site parking permitted and pursuant to the following minimum standards:
(a)
For a reception hall use, 15 spaces per 1,000
square feet of reception hall area shall be required.
(b)
For a museum, exhibition hall or any other use
permitted on a country house estate lot other than single-family residential
use, three spaces per 1,000 square feet of gross floor area shall
be required.
(c)
Spaces may be asphalt, grasscrete or, with the
approval of the Township Engineer, oil-sealed gravel or grass, depending
upon the degree of use anticipated.
(5)
A reception hall shall not be operated as a
commercial service and shall be solely for the use of either the owner
of the country house estate and his invited or previously ticketed
guests or the host lessee and the host lessee's invited or previously
ticketed guests.
(6)
Rental of a reception hall by the owner to a
host lessee shall be only for individual events not involving a continuous
commercial enterprise. Leases for use of the reception hall by caterers,
organizations or other similar commercial enterprises for continuous
use is prohibited.
(7)
Kitchen facilities within the mansion for food
preparation shall be permitted but only in conjunction with food prepared
to be served on site in conjunction with use of the reception hall,
museum, exhibition hall or any use of the same general character as
specified in this section.
(8)
Reception hall, museum, exhibition hall and functions associated with any other use of the same general character may be conducted on the grounds surrounding the mansion and in accessory facilities existing on the effective date of this chapter surrounding the mansion but not within the buffer zone, subject to the general performance standard for residential property specified in § 84-57.1B.
(9)
One place sign shall be permitted identifying the property by its name and/or the name of the owner. The sign shall contain no other information other than such identification of the premises and shall comply with § 84-52 of this chapter.
(11)
If a country house estate lot is used for a
reception hall, the following procedure for application and issuance
of a use and occupancy permit shall apply:
(a)
Upon compliance with all of the requirements
of this section and other applicable codes and regulations, the Zoning
Officer shall be authorized to issue a permit which shall be valid
for a period of one year unless sooner revoked for violation of any
condition imposed by the Zoning Officer, any misrepresentation of
fact made to the Zoning Officer or Codes Enforcement Officer in conjunction
with the application and review process, or violation of this section
or any provision of this Code. Within 30 days prior to the expiration
of such permit, the property owner shall make application for a permit
renewal to the Zoning Officer who shall, as a condition of issuance
of such renewal, make an inspection of the premises for which the
permit is sought to determine continued compliance with this Code.
In the event that the Zoning Officer or Codes Enforcement Officer
determines that a violation exists, the permit shall not be renewed
until the violation is cured. In the event that the Zoning Officer
is unable to complete a required inspection within 30 days from the
date of the application through no fault of the applicant, a temporary
permit renewal shall be deemed to have been issued until such required
inspection has been completed.
(b)
Upon nonrenewal or revocation of the permit
for cause shown, the use of the premises as a reception hall shall
immediately cease, and continuation thereof shall subject the owner
to the penalty provisions of this chapter and/or such other legal
action as the Township shall determine necessary.
(c)
If a country house estate lot is used for a museum, exhibition hall or any other use of the same general character, the use and occupancy permit requirements of § 84-68 shall apply.
(d)
The minimum lot size of a country house estate
utilizing the performance standards for reception halls, museums,
exhibition halls and uses of the same general character shall be no
less than 25 gross acres.
B.
A mansion located on a country house estate which
is used as a reception hall, museum, exhibition hall or use of the
same general character may be converted back to use as a single residence,
provided the lot area shall not be less than 25 acres.
[Added 3-10-1999 by Ord. No. 2-1999]
Group homes are permitted in the R-2, R-3 and
R-4 Districts, subject to compliance with the following regulations:
A.
Supervision. There shall be adequate twenty-four-hours-per-day
professional supervision, as needed, by person(s) trained in the field
for which the group home is intended. Staffing shall, at a minimum,
equal two staff persons during the day and one during the night or
shall otherwise meet minimum requirements of any applicable federal,
state or county standards.
B.
Certification. Any group home involving three or more
unrelated persons living in a dwelling unit or that is otherwise required
to be licensed or certified under an applicable state, county or federal
program shall be certified or licensed, as applicable, as a condition
to the Township's issuance of a use and occupancy permit.
(1)
A copy of any such license or certification
shall be filed with the Township and shall be required to be shown
to the Zoning Officer in the future upon request. The group home shall
notify the Township, in writing, within 14 days if there is a change
in the type of clients, the sponsoring agency, the maximum number
of residents or if an applicable certification/license expires, is
suspended or is withdrawn.
(2)
If such group home is not so certified or licensed, then the applicant shall provide a written and signed statement from a qualified medical professional stating that adequate staffing, as required by Subsection A of this section is being provided for the type of client being served. Such statement shall be subject to the reasonable review and acceptance by the Township.
C.
Registration. The group home shall register in writing
with the Township its location, general type of care, maximum number
of residents and sponsoring agency.
D.
Counseling. Any medical or counseling services provided
on the property shall be limited to the residents of the group home.
E.
Parking. One off-street parking space shall be provided for each employee on duty at any one time and for every resident reasonably expected to be capable of driving a motor vehicle. Off-street parking areas of more than four spaces shall be buffered from adjacent existing single-family dwellings by a landscape screen meeting the requirements of § 84-55A.
F.
The use shall not meet the definition of a "treatment
center." A group home shall not house persons who can reasonably be
considered to be a physical threat to others.
G.
Appearance. The residence, both house and grounds,
shall be maintained and/or constructed to ensure that they are closely
similar in appearance, condition and character to the other residential
structures in the area. No exterior signs shall be permitted.
H.
The restriction on the number of residents in a group
home shall include any employee(s) who resides in the group home on
a permanent basis. A group home shall be regulated by the maximum
number of unrelated persons permitted to live in a dwelling unit under
the definition of "family." However, that number of unrelated persons
may be increased to a maximum of eight persons if the group home is
operated in a single-family detached dwelling that is over 2,500 square
feet in floor area and in compliance with all area and bulk regulations
for the district in which the property is located.
[Amended 12-10-2008 by Ord. No. 10-2008]
I.
Septic. If a group home will use an on-lot septic
system and will involve five or more persons routinely on the premises
at any one time, the property owner shall be required to have the
septic system certified as adequate by the County Health Department.
J.
Employees of the group home shall be prohibited from
having visitors on the premises, unless such visitation is necessary
for the operation of the group home and except for emergencies.
K.
The use shall provide illuminated exit signs, emergency
battery-powered lighting and a minimum of two ABC-rated fire extinguishers.
The use shall also have an interconnected smoke detector system with
a central-station fire alarm system.
L.
Use and occupancy permit. Prior to occupancy, the
applicant shall secure a use and occupancy permit from the Township
Zoning Officer following inspection of the property by both the Fire
Marshal and the Building Official.
M.
Reasonable accommodation. In any case where an applicant
seeks a reasonable accommodation pursuant to provisions of the federal
Fair Housing Act, a written application shall be filed with the Zoning
Hearing Board which is hereby empowered to grant such an accommodation
subject to the provisions of the federal Fair Housing Act.
[Amended 12-10-2008 by Ord. No. 10-2008]
[Added 5-9-2001 by Ord. No. 6-2001]
A.
Intent. The forestry and timber harvesting regulations
contained in this section are intended to accomplish the following
goals:
B.
FELLING
LANDING
LANDOWNER
LITTER
LOP
OPERATOR
SKIDDING
SLASH
STAND
STREAM
TIMBER HARVESTING, TREE HARVESTING or LOGGING
TOP
Definitions. As used in this section, the following
terms shall have the meanings given to them below:
The act of cutting a standing tree so that it falls to the
ground.
A place where logs, pulpwood or firewood are assembled for
transportation to processing facilities.
An individual, partnership, company, firm, association or
corporation that is in actual control of forest land, whether such
control is based on legal or equitable title, or on any other interest
entitling the holder to sell or otherwise dispose of any or all of
the timber on such land in any manner, and any agents thereof acting
on behalf, such as forestry consultants, who set up and administer
timber harvesting.
Discarded items not naturally occurring on the site, such
as tires, oil cans, equipment parts and other rubbish.
To cut tops and slash into smaller pieces to allow the material
to settle close to the ground.
An individual, partnership, company, firm, association or
corporation engaged in timber harvesting, including the agents, subcontractors
and employees thereof.
Dragging trees on the ground from the stump to the landing
by any means.
Woody debris left in the woods after logging, including logs,
chunks, bark, branches, uprooted stumps and broken or uprooted trees
or shrubs.
Any area of forest vegetation whose site conditions, past
history and current species composition are sufficiently uniform to
be managed as a unit.
Any natural or artificial channel of conveyance for surface
water with an annual or intermittent flow within a defined bed and
banks.
The process of cutting down trees and removing logs from
the forest for the primary purpose of sale or commercial processing
into wood products.
The upper portion of a felled tree that is unmerchantable
because of small size, taper or defect.
C.
Scope; applicability. This section shall apply to
all forestry, timber harvesting, tree harvesting or logging within
the Township where the value of the trees, logs or other timber products
removed exceeds $1,000.
D.
Permit required. It shall be unlawful for any person
to engage in any forestry, timber harvesting, tree harvesting or logging
on any lot in the Township without first submitting a forest management
plan as described herein and securing a permit from the Township;
provided, however, that no permit shall be required for the annual
removal of up to four trees per acre on any one lot.
E.
Permit application procedure.
(1)
Any person proposing to engage in any forestry,
timber harvesting, tree harvesting or logging on any lot in the Township
shall apply for a permit by written application on a form available
from the Township. Such permit shall require the applicant's agreement
to comply with the regulations established in this section. Failure
of the applicant to abide by such regulations shall be a violation
of the provisions of this chapter.
(2)
The application for permit shall be accompanied
by the following materials and/or documents:
(a)
Any filing fee imposed by resolution of the
Board of Supervisors.
(b)
A forest management plan of the property where
the proposed forestry, timber harvesting, tree harvesting or logging
activity shall occur, which includes the following:
[1]
An identification of the concerned property,
the legal owners of the property, the mailing address(s) of the landowners
and phone number(s) at which they can be reached during normal business
hours.
[2]
The property's boundaries as well as the specific
areas of the site on which the work is to be performed and describing
existing and proposed improvements and features of the property and
the area surrounding the site of the work, including topography, existing
vegetation, watercourses, man-made features, the affected watersheds
and other natural features.
[3]
A topographical survey of the site depicting
topographic features, both existing and proposed, at a suitable scale
of no less than one inch equals 50 feet and contour intervals of no
more than two feet, prepared by a registered surveyor or registered
engineer, including a boundary line survey, the location and description
of vegetative cover, soil types and other pertinent existing natural
or man-made features.
[4]
A description, submitted by an approved forester,
of the planned forestry, timber harvesting, tree harvesting, or logging
operation as well as a description of the planned replanting of the
lot. Where no replanting is planned, a statement from the approved
forester describing the reasons why, in his opinion, the characteristics
of the lot and vegetation situate thereon make natural regeneration
appropriate or why such replanting is not otherwise necessary.
[5]
An analysis by the approved forester of the
soil erosion likely to occur as a result of the planned forestry,
timber harvesting, tree harvesting or logging operation and recommended
counter-erosion measures.
[6]
A description of the counter-erosion measures
that will be utilized by the landowners.
[7]
A drawing showing the design, construction,
maintenance and retirement of the access system, including haul roads,
skid roads, skid trails and landings.
[8]
The location of protective fencing for areas
which will not to be harvested.
(c)
A soil erosion and sediment control plan in compliance with Chapter 69 of the Code of West Goshen Township.
(d)
A stormwater management plan.
(e)
Copies of any permits or licenses required by
federal or commonwealth laws and regulations.
(3)
The requirements of this section shall be in
addition to rather than in substitution of those provisions of the
Township Subdivision and Land Development Ordinance[1] relating to storm and surface drainage and stormwater
management, grading and erosion control and stormwater management
criteria. The Township Engineer may, in his discretion, authorize
variances from strict adherence to the permit application provisions
of this section when a subdivision or land development application
is being reviewed by the Township under the Subdivision and Land Development
Ordinance and when, in such review procedure, the Township Engineer
determines that the data required to be submitted in an application
for a permit hereunder has been included in the subdivision or land
development plans and such plans are supported by documentation in
substantial compliance with the requirements of this section. In such
cases, the subdivider or land developer shall not be obligated to
make application for a permit hereunder.
(4)
A separate application shall be required for
each permit. Three copies of all plan documents referred to in this
section shall be submitted with each application, one of which, at
the discretion of the Township Engineer, shall be submitted to the
Chester County Conservation District for review and comment.
F.
Forest regulations. The following regulations shall
apply to all forestry, timber harvesting, tree harvesting and logging
operations in the Township.
(1)
Felling or skidding on or across any public
road is prohibited without the express written consent of the Township
or the Pennsylvania Department of Transportation, whichever is responsible
for maintenance of the public road.
(2)
No tops or slash shall be left within 25 feet
of any public road.
(3)
All tops and slash between 25 feet and 50 feet
from a public road or private road providing access to adjoining residential
property or within 50 feet of adjoining residential property shall
be lopped to a maximum height of four feet above the surface of the
ground.
(4)
No tops or slash shall be left on or across
the boundary of any property adjoining the operation.
(5)
Litter resulting from the forestry, timber harvesting,
tree harvesting or logging operation shall be removed from the property
at least once a week.
(6)
All holes created in the course of any tree
harvesting operation shall be filled to grade with soil.
(7)
The total number of trees harvested over any three-year period may not exceed 65% of the total basal area per acre in interior areas other than those described in Subsection (8) below.
(8)
In areas within 50 feet of lot boundaries, the
total number of trees harvested over any three-year period may not
exceed 40% of the total basal area per acre in such area. Moreover,
harvesting in these boundary areas may not be undertaken in such a
manner as to concentrate most or all of the tree harvesting in portions
of such boundary areas, if the result thereof would be the harvesting
of more than 40% of the trees in such portions.
G.
Inspection and permit fees and permit approval.
(1)
The Board of Supervisors shall by resolution
establish a schedule of fees for all permit applications required
by this section. The required fee shall be submitted with the application,
which shall not be considered for approval until the application fee
is paid.
(2)
The Township's consulting engineer shall review
the applicant's permit application, together with all plans, surveys,
schedules, design criteria and other documents submitted or required
to be submitted as part of the permit application procedure, together
with any and all amendments thereto, and shall prepare a report of
his findings and recommendations with respect to same for the Township
as he shall determine necessary prior to the issuance of any permit
or permits. The cost of all such plan review and inspections shall
be paid for by the applicant.
(3)
The Township Engineer shall approve and issue
all permits in letter form, and no work shall commence without the
issuance of such approval.
H.
Revocation or suspension of permit. Any permit issued
under this section may be revoked or suspended by the Board of Supervisors
of the Township, after notice to the permit holder for:
(1)
Failure to comply with the terms of this section.
(2)
A violation of any condition of the permit.
(3)
Violation of any provision of this chapter or
any other applicable law, ordinance, rule or regulation relating to
the forestry, timber harvesting, tree harvesting or logging operation.
(4)
Existence of any condition on the property or
the doing of any act which constitutes or creates a nuisance, hazard
or endangers human life or the property of others.
I.
Responsibility for road maintenance and repair; road
bonding. The landowner and the operator shall be responsible for repairing
any damage to Township roads caused by traffic associated with a forestry,
timber harvesting, tree harvesting or logging operation. Pursuant
to 67 Pennsylvania Code, Capter 189, the landowner or operator shall
furnish a bond in an amount determined by the Township Engineer to
guarantee the repair of such damages.
J.
Inspections/remedies. The Township may go upon the property where any forestry, timber harvesting, tree harvesting or logging operation is occurring to determine if the requirements of this section and of the permit, including conditions thereof, or to the plans and specifications submitted with the permit application, including modifications thereof, or to the approved runoff and erosion control plan, are being followed. If the Township determines that the landowner or operator is not complying with any of the above, the Township shall send a written notice to the permittee, which notice shall set forth the nature of corrections required and the time within which corrections shall be made. If the permittee fails to comply with the notice in the time specified, the permittee shall be considered in violation of this section, in which case the Township is entitled to seek all appropriate remedies at law, including the enforcement procedures provided in § 84-64 of this chapter.
[Added 5-9-2001 by Ord. No. 6-2001]
A.
Landscaping and screening. There shall be a berm around the perimeter of the mining operation, which shall be located within the required side, rear and front yard areas and not closer than 50 feet to the property boundary, or where a street forms the property boundary, not closer than 50 feet to the ultimate right-of-way of such street. The berm shall have a minimum height of 15 feet and maximum height of 35 feet. The slope of sides of the berm shall not exceed a 3:1 ratio. Berms shall be planted and all landscaping shall be in accordance with § 84-55C.
B.
Fencing. A chain-link-type fence at least six feet
in height, surmounted by three strands of barbed wire, shall be provided
around the perimeter of the mining operation and maintained in a constant
state of good repair. Appropriate warning signs shall be mounted or
posted along the fence at intervals of not more than 100 feet. The
fence shall be set back at least 15 feet from any property line or
street line.
C.
Slope of excavation. The mining operation walls shall
be sloped in accordance with the provisions of Pennsylvania Surface
Mining Conservation and Reclamation Act[1] and the rules and regulations adopted pursuant thereto.
No slope shall be maintained exceeding the normal limiting angle of
repose of the material in which the excavation or extraction should
be made. No undercutting shall be permitted within any required setback
area. The depth of extraction shall be limited so it will not contribute
to lowering the aquifer or water table off site.
[1]
Editor's Note: See 52 P.S. § 1396.2
et seq.
D.
Setback. Extraction shall not be conducted closer
than 200 feet to a property line nor closer than 300 feet to the street
line, nor closer than 400 feet to the point of intersection of the
street line. The setback area shall not be used for any other use
in conjunction with extraction except access streets, berm, screening,
directional signs, public notice signs identifying the excavation,
business signs identifying the occupant and buildings and structures
in conformity with the applicable provisions of this chapter.
E.
Lateral support. All operations shall be conducted
with sufficient lateral support to prevent: Hazard to persons, physical
damage to adjacent lands or improvements or damage to any street,
sdewalk, parking area or utility by reason of slide, sinking or collapse.
F.
Stockpiles. Stockpiles shall not exceed 100 feet in
height and the toe of the slope shall not be located closer than 200
feet to any property line nor closer than 300 feet to the street line.
G.
Drainage. All drainage from a mining extraction site
shall be controlled by dikes, barriers or drainage structures sufficient
to prevent any silt, debris or other loose materials from filling
any existing drainage course or encroaching on streets and adjacent
properties.
H.
Control of vibration. Ground vibration caused by blasting
or machinery shall not exceed the limits established by the Act of
July 10, 1957, P.L. 685, as amended, 73 P.S., §§ 164
to 168, and the rules and regulations adopted thereunder, with the
exception that blasting shall not cause a peak particle velocity greater
than one inch per second, measured at any property line or street
line.
I.
Internal circulation. An adequate internal circulation pattern of streets shall be maintained between excavation and processing areas. The use of a public street shall not be permitted for hauling between extractions and processing except as stated in Subsection J below.
J.
All necessary precautions must be taken to ensure
the safety of motorists traveling on any public highway intersected
by any internal circulation pattern. These precautions shall include
but not be limited to the following items:
(1)
Stop signs shall be placed at the intersection
of all internal roadways with public highways, halting all internal
traffic in any direction before the crossing of the public highway.
(2)
Street signs as permitted by PennDOT on all
public highways intersected by internal roadways, at a point 150 feet
from the intersection of the public highway and internal roadway,
one on either side of the intersection on the public highway indicating
that caution should be observed and the trucks will be crossing 150
feet from the signs.
(3)
Caution lights as permitted by PennDOT are to
be provided, having at least two blinking yellow lights sufficient
to attract the attention of a passing motorist, attached to a sign
advising that caution should be observed due to a truck crossing ahead.
The signs shall be at a distance of 300 feet from the intersection
of the public highway and internal roadway or less if necessary so
that one sign faces each direction of travel upon the public highway.
(4)
All public roads shall be clean from dust and
spillage.
L.
Parking. Off-street parking spaces shall be provided in accordance with the requirements of § 84-55.
M.
Prior to any mineral extractions, the landowner must
obtain a grading permit pursuant to § 69-4G.
[Added 9-25-2003 by Ord. No. 11-2002; amended 6-11-2003 by Ord. No. 10-2003; 8-10-2011 by Ord. No.
13-2011; 12-7-2021 by Ord. No. 14-2021]
A.
Purpose and intent.
(1)
It is the intention of this section to regulate educational uses and accessory uses thereto and the expansion/extension of educational uses existing on the effective date of this amendment which are proposed to be located or are located within the zoning districts where such uses are permitted by this chapter. In those cases where an educational use is determined to be a nonconforming use or is otherwise nonconforming with respect to any nonconformity governed by Article XV of this chapter, in granting any relief authorized by Article XV, the Zoning Hearing Board shall require the applicant to conform to the regulations specified in this § 84-57.10 to the greatest extent reasonably possible.
(2)
The Township recognizes that educational uses, of necessity,
are intensive land uses that have special needs associated with them,
such as, but not necessarily limited to, athletic facilities, student
and faculty parking, event parking, the adequacy of the existing and
proposed streets, intersections and driveways to accommodate vehicular
traffic, pedestrian access, and the integration and compatibility
of such uses with contiguous and nearby established uses.
(3)
Because of their intensity, educational uses are, for various
reasons, often incompatible with many other permitted uses within
the Township, especially in relation to the impact of such educational
uses upon surrounding uses caused by substantial traffic, large concentrations
of people, and heavy pedestrian and vehicular access.
(4)
It is the intent of the Township to establish land use regulations
that foster educational uses and accessory uses associated with them,
while at the same time protecting existing land uses, especially residential
uses, and making adequate provision for the protection and enhancement
of the public health, safety and general welfare of all of the Township's
residents.
(5)
All educational uses shall be subject to the requirement that the applicant file a conditional use application with the Board of Supervisors and that the Board approve such use in accordance with the conditional use procedures specified in this chapter, subject to such terms and conditions imposed by the Board consistent with the provisions of this § 84-57.10, the other applicable provisions of this chapter, and the effects of the proposed use upon the community, the existing street infrastructure, and nearby land uses.
B.
Use regulations. In those zoning districts where educational uses are permitted by conditional use subject to the provisions of this § 84-57.10, a building may be erected, altered or used and a lot may be used for any of the following purposes and for no other when approved as a conditional use, subject to the area and bulk regulations, design standards and other regulations of this § 84-57.10.
C.
Accessory use regulations. The following are permitted accessory uses in those zoning districts where educational uses are permitted by conditional use when approved by the Board of Supervisors as a conditional use in conjunction with either a proposed new educational use permitted by § 84-57.10B, or an educational use existing on the effective date of this amendment, when such accessory uses constitute a component of such educational use.
D.
Existing/future facilities. Any addition to or expansion or enlargement of any existing educational use constructed after the effective date of this amendment shall be subject to the granting of conditional use approval by the Board of Supervisors and shall comply with the requirements of this § 84-57.10, the other applicable provisions of Chapter 84, and any additional conditions imposed by the Board as warranted by the facts and circumstances of the particular application for which approval is sought. In any case where the Zoning Hearing Board is called upon to grant an approval or relief from the applicable provisions of this chapter to any use permitted by § 84-57.10B or C or with respect to any nonconformity governed by Article XV of this chapter, in granting such approval or relief, the Zoning Hearing Board shall require the applicant to conform to the regulations specified in this § 84-57.10 to the greatest extent reasonably possible.
E.
Area and bulk regulations. The following area and bulk regulations
shall apply to all educational uses.
(1)
Ten gross acres.
(2)
Lot width at the building line: 300 feet minimum.
(3)
Lot width at the street line: 200 feet minimum.
(4)
Lot coverage: 35% maximum.
(5)
Green area: 35% minimum.
(6)
Paved area: 30% maximum.
(7)
Building setback line: 100 feet minimum.
(8)
Yards, side and rear: 60 feet minimum, except when contiguous
to a residential use, which shall be 100 feet minimum, with the 20
contiguous feet nearest the lot line planted and permanently maintained
as a buffer area.
(9)
Building height: four stories, but not greater than 50 feet.
(10)
Parking setback from property lines. The parking setback shall be measured from the nearest edge of the existing street line or as the right-of-way is required to be widened in accordance with the approved traffic study required by § 84-57.10G.
(a)
Side or rear yard: 30 feet minimum, except as provided by § 84-57.10F(1) and (2).
(b)
Front yard: 30 feet minimum, except as provided by § 84-57.10F(1) and (2).
F.
The following design standards shall apply in addition to those specified in § 84-55. Whenever this § 84-57.10F applies a more stringent regulation or regulations in addition to or in place of those required by either the sections of Chapter 84 cited in this § 84-57.10F, any other applicable design standard or general performance standard imposed by the regulations of the zoning district in which the property is located, or other applicable provision of Chapter 84, the more stringent and/or additional regulation(s) specified herein shall apply and shall be considered mandatory. In all other respects, the design standards and general performance standards for the zoning district in which the property is located shall apply.
(1)
Sidewalks. A sidewalk not less than five feet in width shall
be installed and permanently maintained on the property parallel to
each adjacent street abutting the property for the full length of
the lot.
(2)
Fencing. Unless a sidewalk is not required to be installed per Subsection F(1) above, a wrought iron or equivalent aluminum fence at least six feet in height shall be installed and permanently maintained on the property along the sidewalk (on the property side of the street line) of such use for the full length of the lot.
(3)
Screening. In addition to the requirements specified in § 84-55A and C, the following regulations shall apply.
(a)
A planted landscape bed having a minimum width of 30 feet, within
which area the sidewalk and any contiguous green area may be included,
shall be required. The landscape bed shall be measured from the property
side of the street line and shall be installed and permanently maintained
on the property between the sidewalk and any proposed parking lot,
parking stalls or other parking areas or, when no parking is proposed
in that area, the nearest wall of any building or structure.
(b)
Trees shall have a minimum planted height of eight feet at the time of planting. The Board may grant a conditional use to approve an alternate landscape plan not meeting the requirements of § 84-55A if it determines that such completely planted visual barrier is unnecessary to protect adjacent property owners and that the proposed landscape plan creates an adequate landscape enhancement of the project.
(4)
Vehicular and street access. In addition to the requirements specified in § 84-55D, the following regulations shall apply.
(a)
Unless otherwise approved by the Board during the conditional
use process, where the lot abuts two or more streets, such use shall
have direct access only to and from a street of greater functional
classification, unless otherwise approved by the Board. The Board
may approve an emergency access not more than 12 feet in width, controlled
by a locked gate, from the street of lesser functional classification
if the applicant proves it is necessary for such purpose.
(b)
Where the proposed use abuts only one public street, no more
than one vehicular access street or driveway shall be permitted on
the street frontage for any lot, except in the case of a lot with
more than 500 continuous feet of street frontage, in which case a
second vehicular access street or driveway may be permitted when approved
by the Board if separated by at least 300 feet of otherwise undisturbed
frontage from the first such access, as measured from center line
to center line. The Board may by conditional use permit a variation
from this requirement if the applicant proves that such is required
for public safety.
(c)
To avoid congestion on existing residential streets, where possible
and appropriate, the Board may require one or more new vehicular access
streets or driveways serving the proposed use be constructed either
on the development property or on a contiguous property with the written
approval of the owner thereof, the use and access of which shall be
provided by means of a permanent written and recorded easement or
land acquisition dedicated to such purpose. Such access(es) shall
have its direct access to one or more other existing public streets
as the Board determines will avoid congestion on contiguous residential
streets only at such location(s) as is/are approved by the Board during
the conditional use process.
(5)
Parking lots/spaces. The requirements of § 84-55C, E and I shall apply in addition to the following regulations:
(a)
No parking lot or parking spaces shall be permitted within a front yard or side yard along an existing street opposite existing residential dwellings unless separated by the landscape buffer required by § 84-57.10F(1).
(b)
When a parking lot or parking spaces are proposed to be constructed and maintained in any other location, the parking lot shall be set back the minimum distance required by § 84-57.10E(10) from the abutting property, existing residential dwellings, or street line, as the case may be, and shall be buffered by a planted landscape screen for a minimum width of 30 feet meeting the requirements of § 84-55C(1)(a) and (b) measured from the street line.
(c)
When one or more buildings are proposed to be constructed, all
parking lots and parking spaces shall be located principally behind
such buildings or within a triangle or quadrangle formed by the buildings,
unless otherwise approved by the Board as a conditional use.
(d)
The adequacy and safety of vehicular and pedestrian access to parking lots and parking spaces from existing contiguous or adjacent public streets, and the capacity of the existing street system to accommodate the proposed conditional use, shall be demonstrated by the applicant's submission of the traffic study required by § 84-57.10G with the conditional use application.
(e)
Individual parking spaces shall have a minimum paved dimension of nine feet wide and 18 feet long, excepting required handicapped spaces, which shall meet the standard of § 84-55E(1)(b). The Board shall have the power during the conditional use process to require compliance with § 84-55E(1)(a) if it determines in the exercise of its reasonable discretion that such compliance is necessary under the specific facts presented by an application.
(6)
Loading. The requirements of § 84-55H shall apply in addition to the following regulations:
(a)
No loading space or loading area, and no loading activity, shall
be permitted within a front or side yard along an existing street
opposite existing residential dwellings.
(b)
Loading space or loading areas shall be located principally
behind buildings or within a triangle or quadrangle formed by the
rear of such buildings within an area separately and permanently marked
and devoted to such purpose only.
(8)
Storage. The requirements of § 84-55B shall apply in addition to the following regulations:
(a)
No storage shall be located in either a front or side yard;
(b)
Storage proposed to be located in a rear yard shall be buffered by a planted landscape screen for a minimum width of 30 feet meeting the requirements of § 84-55C(1)(a) and (b) measured from the property line; and
(c)
Trash and recycling dumpsters and/or containers shall be enclosed
in a masonry or wooden-fenced accessory structure (no roof shall be
required) located to the rear of the building and shall not be visible
from the street.
(9)
Lighting. The requirements of § 84-55F shall apply in addition to the following regulations. Exterior lighting for a stadium and/or an athletic field shall be permitted when approved by the Board as a conditional use in accordance with the recommended specifications of the Lighting Handbook of the Illuminating Engineering Society of North America, 9th Edition, subject to modification upon recommendation of the Township's Lighting Consultant for the specific application proposed, and subject to the following conditions:
(a)
The height of the light standards shall not exceed 60 feet,
including the mounting base;
(b)
All exterior stadium lights and/or athletic field lights of
an educational use shall be extinguished by not later than 10:00 p.m.
prevailing time;
(c)
Stadium lighting may not be used for more than two consecutive
nights in any one calendar week;
(d)
The height of the light standards within parking lots shall
not exceed 16 feet, including the mounting base;
(e)
No lighting shall be permitted which shines onto adjoining properties
or streets;
(f)
All other proposed lighting not governed by § 84-55F shall comply with the recommended specifications of the Lighting Handbook of the Illuminating Engineering Society of North America, 9th Edition, subject to modification upon recommendation of the Township's Lighting Consultant for the specific application proposed.
(10)
Building features.
(a)
Light standards shall be permitted along pedestrian sidewalks
and along interior streets and driveways on the property, when approved
by the Board as part of the conditional use application, subject to
compliance with the Lighting Handbook of the Illuminating Engineering
Society of North America, 9th Edition, as modified by the Township's
Lighting Consultant for the specific application proposed.
(b)
At a minimum, an architectural facade of stone, brick or equivalent
shall be required in the construction of all buildings and structures.
(c)
All HVAC equipment shall be shielded from view, including roof-
mounted equipment, by an architectural or landscape barrier approved
by the Board.
(11)
Required inspections. All educational uses shall be subject
to an annual inspection conducted by the Township Fire Marshal to
insure compliance with these regulations.
G.
Traffic study submission requirement. In addition to the requirements of §§ 84-74 and 84-75, the applicant shall submit with the conditional use application a traffic study prepared by a Pennsylvania registered professional engineer having a specialty in traffic engineering and design meeting the requirements of § 72-19C(4) of the West Goshen Township Code. In addition to such other reasonable conditions as the Board determines necessary for the protection of the public health, safety and general welfare of the community and the enforcement of the intent and purposes of this § 84-57.10, the Board shall have the additional specific power and authority to impose as a condition of any approval the implementation by the applicant of a plan for the handling of vehicular and pedestrian traffic deemed adequate by the Board that will most efficiently and effectively relieve traffic impacts on existing streets and intersections impacted by the proposed use and funnel traffic generated by the proposed use to those streets, intersections and other traffic arteries that will lessen such public impacts. In no event shall such traffic be connected to or diverted through primarily residential neighborhoods unless it is demonstrated by a preponderance of the evidence that no other means of access is reasonably available. In such case, the Board shall impose such restrictions as it deems necessary for the health, safety and general welfare of the affected residential neighborhoods.
[Added 8-10-2005 by Ord. No. 7-2005;
amended 6-28-2006 by Ord. No. 8-2006; 4-12-2017 by Ord. No. 1-2017]
Outdoor dining may be permitted as an accessory use to a restaurant
in the C-2, C-4 and C-5 Zoning Districts and as an accessory use to
a brewery pub and microbrewery in the C-2, C-4, I-1, I-2 and I-3 Zoning
Districts subject to the following criteria:
A.
An area which is on the sidewalk, patio or deck which directly abuts
the restaurant, brewery pub or microbrewery building may be used for
the purpose of furnishing food and beverages outside to the patrons
of the restaurant.
[Amended 8-17-2021 by Ord. No. 12-2021]
B.
The outdoor dining area must meet the setbacks for the zoning district
where the restaurant, brewery pub or microbrewery is located and must
be separated from all parking areas, streets or driveways by a barrier
which is at least four feet in height and no higher than six feet
in height. The barrier must prevent patrons of the restaurant, brewery
pub or microbrewery from exiting directly onto the parking area, street
or driveway adjacent to the outdoor dining area and instead must require
the patrons of the restaurant, brewery pub or microbrewery to exit
the outdoor dining area in a safe manner, either onto a sidewalk or
through another means of ingress and egress which is approved by the
Township Engineer. The barrier may be a fence, wall, or another suitable
barrier approved by the Township Engineer which will prevent a hazardous
condition and protect the health and safety of the outdoor diners
from vehicular traffic on adjacent parking areas, streets or driveways.
C.
Prior to serving food or beverages outdoors, the restaurant, brewery
pub or microbrewery must obtain all necessary permits from all governmental
and municipal agencies having jurisdiction, including but not limited
to the Health Department and Liquor Control Board.
D.
The area used for outdoor dining shall only be used for dining and
may not be used for outdoor entertainment or amplified sound.
E.
All food or beverages served in the outdoor dining area shall be
served in nondisposable containers.
[Added 8-10-2005 by Ord. No. 7-2005;
amended 7-31-2013 by Ord. No. 09-2013; 6-4-2024 by Ord. No. 6-2024]
A.
Convenience stores without the retail sale of automotive fuel. In addition to the general conditional use standards in § 84-75 of this chapter, the following additional standards must be met in order for the Board of Supervisors to grant conditional use approval for the use of a lot as a convenience store without the retail sale of automotive fuel:
(1)
Unless otherwise set forth in this section, the regulations
of the district in which the lot is located shall govern.
(2)
No building on a lot upon which there is proposed to be located
a convenience store shall contain more than 5,500 square feet of gross
floor area.
(3)
All ingress and egress from any lot upon which there is proposed
to be located a convenience store without the retail sale of automotive
fuel shall be designed to promote safe and convenient travel.
(4)
No outdoor display, storage or sale of products shall be permitted.
(5)
All trash shall be stored in a completely fenced-in or screened
enclosure for periods not to exceed seven days. Trash bins shall be
subject to setback regulations for the district where the lot is located.
(7)
Landscaping and screening shall be provided as required by this chapter and the applicable sections of Chapter 72, Subdivision of Land.
(8)
The Board of Supervisors may request that the applicant submit
a traffic study illustrating the adequacy of existing or proposed
roadways to accommodate any increase in traffic from the proposed
convenience store without the retail sale of automotive fuel. Any
such traffic study shall be prepared in sufficient detail to determine
peak traffic volumes and roadway capacity and provide reasonable solutions
to traffic congestion.
(9)
No direct or sky-reflected glare, whether from spotlights, floodlights,
searchlights or other sources, shall be visible from adjoining streets
or adjacent lots when viewed by a person standing on ground level
or from floor level on an adjacent property.
(10)
Exterior lighting on any lot used as a convenience store without
the retail sale of automotive fuel shall be properly shielded so as
to not be directed towards, or shine onto, other lots.
B.
Convenience stores with the retail sale of automotive fuel. In addition to the general conditional use standards in § 84-75 of this chapter, the following additional standards must be met in order for the Board of Supervisors to grant conditional use approval for the use of a lot as a convenience store with the retail sale of automotive fuel:
(1)
Unless otherwise set forth in this section, the regulations
of the district in which the lot is located shall govern.
(2)
All gasoline pump dispensers and automobile window washing materials
shall be covered by a canopy and shall be illuminated by overhead
lighting during non-daylight hours.
(3)
All gasoline pump dispensers and the canopy covering such dispensers
shall be set back at least 50 feet from the legal right-of-way line
of all streets abutting the lot upon which the convenience store is
located.
(4)
Equipment intended to be utilized for the washing of windows
of motor vehicles, as well as places for the storage of such equipment,
shall be permitted.
(5)
The internal circulation pattern of any lot upon which there
is proposed to be located a convenience store which will support the
retail sale of automotive fuel shall be designed so as to prevent
vehicles waiting for such automotive fuel service from stacking onto
public streets.
(6)
No building on a lot upon which there is proposed to be located
a convenience store with the retail sale of automotive fuel shall
contain more than 5,500 square feet of gross floor area, exclusive
of any area of such lot being used for gasoline pump dispensers or
a canopy over such dispensers.
(7)
A convenience store with the retail sale of automotive fuel
shall have two means of access points from a public roadway. All ingress
and egress from any lot upon which there is proposed to be located
a convenience store with the retail sale of automotive fuel shall
be designed to promote safe and convenient travel.
(8)
No outdoor display, storage or sale of products shall be permitted.
(9)
All trash shall be stored in a completely fenced-in or screened
enclosure for periods not to exceed seven days. Trash bins shall be
subject to setback regulations for the district where the lot is located.
(11)
Landscaping and screening shall be provided as required by this chapter and the applicable sections of Chapter 72, Subdivision of Land, provided that, so as to allow for the safe and efficient circulation of vehicles utilizing gasoline dispensing pumps, parking lot landscaping shall not be required on a lot used as a convenience store with the retail sale of automotive fuel, but such landscaping shall be located around the perimeter of such a lot.
(12)
The Board of Supervisors may request that the applicant submit
a traffic study illustrating the adequacy of existing or proposed
roadways to accommodate any increase in traffic from the proposed
convenience store. Any such traffic study shall be prepared in sufficient
detail to determine peak traffic volumes and roadway capacity and
provide reasonable solutions to traffic congestion.
(13)
No direct or sky-reflected glare, whether from spotlights, floodlights,
searchlights or other sources, shall be visible from adjoining streets
or adjacent lots when viewed by a person standing on ground level
or from floor level on an adjacent property.
(14)
Exterior lighting on any lot used as a convenience store shall
be properly shielded so as to not be directed towards, or shine onto,
other lots.
[Added 8-10-2005 by Ord. No. 7-2005]
In addition to the general conditional use standards in § 84-75 of this chapter, the following additional standards must be met in order for the Board of Supervisors to grant conditional use approval for the use of a lot as a pharmacy/drug store.
A.
Unless otherwise set forth in this section, the regulations
of the district in which the lot is located shall govern.
B.
The building used as the pharmacy/drug store shall
contain no more than 15,000 square feet of gross floor area.
[Amended 7-31-2013 by Ord. No. 09-2013]
C.
All ingress and egress from any lot upon which there
is proposed to be located a pharmacy/drug store shall provide safe
and convenient travel.
D.
No outdoor display of products shall be permitted.
E.
All trash generated from a pharmacy/drug store shall
be stored in a completely fenced-in or screened enclosure and may
be so stored for periods not to exceed seven days. Bins shall be subject
to setbacks in underlying districts.
F.
Parking on any lot used as a pharmacy/drug store shall be provided as required by § 84-55 of this chapter.
G.
Landscaping and screening on any lot used as a pharmacy/drug
store shall be provided as required by this chapter and the Subdivision
and Land Development Ordinance.
H.
The Board of Supervisors may require the applicant
to submit a traffic study illustrating the adequacy of existing or
proposed roadways to accommodate any increase in traffic from the
proposed pharmacy/drug store. Any such traffic study shall be prepared
in sufficient detail to determine peak traffic volumes and roadway
capacity and provide acceptable solutions to traffic congestion.
I.
No direct or sky-reflected glare, whether from spotlights,
floodlights, searchlights or other sources, shall be visible from
adjoining streets or adjacent lots when viewed by a person standing
on ground level, or from floor level on an adjacent property.
J.
Exterior lighting on any lot used as a pharmacy/drug
store shall be properly shielded so as to not be directed towards,
or shine onto, other lots.
K.
Except as provided herein, the use shall conform to
all requirements of the Zoning Ordinance and Subdivision and Land
Development Ordinance.
[Added 10-24-2007 by Ord. No. 11-2007; amended 9-11-2013 by Ord. No. 10-2013]
A dog day-care facility shall be permitted by special exception in the Multipurpose MPD District and in the C-5 General Highway Commercial District, when authorized by the Zoning Hearing Board by special exception subject to Article XVII of this chapter and the following additional standards:
A.
The lot shall contain a minimum of one (1) acre when
located in the Multipurpose MPD District. A lot located in the C-5
General Highway Commercial District shall contain a minimum of 0.5
acre, and the facility shall be located in a stand-alone building.
B.
All dogs must be kept inside the building at all times
except for dropoff and pickup; provided, however, if the lot area
is one acre or more, a fenced-in area may be provided for the use
of exercise of the dogs. Such fenced-in area shall have a minimum
setback of 50 feet from all property lines. If the lot is less than
one acre, a fenced-in area may be provided for and shall only be used
for the sanitary relief of the dogs subject to approval by the Zoning
Hearing Board.
C.
The building where such use is conducted must contain
sufficient soundproof devices so that barking of dogs may not be heard
beyond the property line.
D.
The overnight boarding of dogs shall not be permitted.
[Added 12-10-2008 by Ord. No. 10-2008]
In addition to the general conditional use standards in § 84-75 of this chapter, the following additional standards must be met in order for the Board of Supervisors to grant conditional use approval for an independent living facility:
A.
The dwelling units shall be leased or sold as independent
dwelling units where the occupants of the dwelling units are independent
with respect to their daily living activities such as bathing, dressing
and grooming.
B.
The dwelling units shall be limited to studio, one-
and two-bedroom apartment units; provided that no more than 40% of
the total number of dwelling units shall contain two bedrooms.
C.
The independent living facility must be age restricted
for persons 55 years of age and older and must qualify for the exemption
to the prohibition against discrimination based on familial status
found in Section 3607(b)(1) of the United States Fair Housing Act,
42 U.S.C. § 3601 et seq., and the Housing for Older Persons
Act of 1995 and the regulations promulgated thereunder.
D.
The accessory uses which are provided within an independent
living facility shall not occupy more than 25% of the gross floor
area of the building and shall be for the exclusive use of the residents
and their invitees.
E.
If a sundries shop is provided within the independent
living facility as an accessory use, the purpose of the shop is to
afford an opportunity for the residents of the facility and their
guests to purchase necessary toiletries and other miscellaneous dry
goods and snack food items. The maximum size of the shop shall not
exceed 500 square feet and there shall not be any advertising for
the store outside of the facility.
F.
The building and all units therein shall be connected
to public water and public sewer.
G.
There shall be no accessory buildings on the lot.
H.
If the dwelling units are sold in fee simple or condominium
ownership, the common areas in the independent living facility must
be owned and/or managed by a professional management company.
[Added 4-25-2012 by Ord. No. 04-2012; amended 4-13-2016 by Ord. No. 1-2016]
Geothermal energy systems shall be permitted as follows:
A.
For residential use:
(1)
Geothermal energy systems shall be permitted in all residential zoning districts by right subject to the regulations contained in this § 84-57.16A.
(2)
Prior to the installation of a geothermal energy system, the property owner shall obtain a zoning permit pursuant to this chapter and a grading permit pursuant to Chapter 69 of the West Goshen Township Code.
(3)
All wells drilled for geothermal energy systems shall be set
back a minimum of 30 feet from any building foundation and a minimum
of 10 feet from property lines.
(4)
If the geothermal well is proposed to be located on property
that is owned by a person or entity different than the applicant,
the applicant shall provide documentation to the Township with the
zoning permit application that evidences that the property owner has
consented to the installation of the geothermal well in the location
proposed.
B.
For nonresidential use:
(1)
Geothermal energy systems shall be permitted in all nonresidential zoning districts by right subject to the regulations contained in this § 84-57.16B.
(2)
Prior to the installation of a geothermal energy system, the property owner shall obtain a zoning permit pursuant to this chapter and a grading permit pursuant to Chapter 69 of the West Goshen Township Code.
(3)
All wells drilled for geothermal energy systems shall be set
back a minimum of 30 feet from a lot which is used for any nonresidential
use. The setback shall be increased to 100 feet from any lot which
is used for a single-family detached dwelling or single-family attached
dwelling.
(4)
If the geothermal well is proposed to be located on property
that is owned by a person or entity different than the applicant,
the applicant shall provide documentation to the Township with the
zoning permit application that evidences that the property owner has
consented to the installation of the geothermal well in the location
proposed.
[Added 4-25-2012 by Ord. No. 04-2012; amended 8-17-2021 by Ord. No. 11-2021]
A.
Solar energy systems as an accessory use:
(1)
Roof-mounted solar energy systems in all zoning districts and ground-mounted solar energy systems on properties with single-family dwellings shall be permitted as an accessory use by right subject to compliance with all applicable requirements in this § 84-57.17 and upon the issuance of a zoning permit pursuant to this chapter and a grading permit pursuant to Chapter 69 of the West Goshen Township Code.
(2)
Ground-mounted solar energy systems shall be permitted as an accessory use to all uses in all other zoning districts by special exception subject to compliance with all applicable requirements in this § 84-57.17 and upon the issuance of a zoning permit pursuant to this chapter and a grading permit pursuant to Chapter 69 of the West Goshen Township Code.
(3)
Ground-mounted solar energy systems which are built as an accessory
use to a commercial use shall require land development approval.
(4)
A solar energy system built as an accessory use may be rooftop-mounted or ground-mounted subject to the applicable criteria in this § 84-57.17.
(5)
Rooftop-mounted solar arrays shall comply with the following
standards:
(a)
The solar panels shall not be located so as to exceed a height
of three feet above the roof areas to which they are mounted.
(b)
No portion of a rooftop solar array attached to a pitched roof
shall extend above the ridgeline of the pitched roof.
(c)
A roof-mounted solar energy system shall not extend beyond the
existing overhangs of the structure to which is attached.
(6)
Ground-mounted solar arrays shall comply with the following
standards:
(a)
All ground arrays shall comply with the setback requirements
in the applicable zoning district regulations.
(b)
Ground arrays shall not be permitted in a front yard or between
the front facade of the principal building and the street line.
(c)
Ground arrays shall not exceed a height of 12 feet.
(d)
Ground arrays shall be screened from view from adjacent street(s)
upon which the property has frontage and from adjacent properties.
Such screening shall screen the supporting infrastructure for the
panels and control equipment; the screening shall not be required
to screen the solar panels, as reception of sunlight is essential
for proper operation thereof.
(7)
All rooftop-mounted and ground-mounted solar arrays shall also
conform to the following additional requirements:
(a)
The design and installation of solar energy systems shall conform
to applicable industry standards, including those of ANSI, Underwriters
Laboratories (UL), International Standards Organization (ISO) and
ASTM, as applicable, and shall comply with applicable building code
and fire and safety requirements. The applicant shall submit manufacturer's
specifications as part of the application for the building permit
when accessory to a single-family dwelling or as part of the application
for special exception when accessory to all other uses.
(b)
The applicant shall demonstrate that the solar energy system
shall be designed and located in order to prevent reflective glare
from reaching adjacent properties or streets.
(c)
No aerial wiring system shall be employed in transmitting energy
generated by a solar energy system. All exterior electrical and/or
plumbing lines serving ground-mounted solar energy systems shall be
buried below the surface of the ground and placed in a conduit.
(d)
The area of a ground-mounted solar energy system shall not be
calculated as building coverage and shall be considered impervious.
The area of a ground-mounted solar energy system shall be calculated
as the dimension of the footprint of the cumulative solar panels.
(e)
Solar energy systems in residential zones that include a ground-mounted
system and that are built as an accessory use shall not generate in
excess of 125% of the estimated energy need of the principal use of
the property. The energy generated in excess of the requirements of
the principal use of the property may be purchased or acquired by
a public utility in accordance with all applicable laws and government
regulations.
(f)
Solar energy systems shall comply with the area and bulk regulations
of the underlying zoning district.
(g)
A solar energy system shall be located to ensure solar access
without reliance on adjacent properties.
B.
Solar energy systems as a principal use.
(1)
Ground-mounted solar energy systems shall be permitted as a principal use in all Commercial and Industrial Districts, the Planned Office Park District, the Multipurpose District, the M-S Medical Services District, and the MCX Municipal Complex District by conditional use of the Board of Supervisors subject to compliance with all applicable regulations in § 84-57.17A and B.
(2)
Safety measures. The solar energy system shall be enclosed by
a fence, barrier or other appropriate means to prevent or restrict
unauthorized persons or vehicles from entering the property. The specifications
and details of the fence or barrier shall be approved by the Board
as part of the conditional use approval. Clearly visible warning signs
shall be placed on the fence, barrier or at the perimeter of the property
to inform individuals of potential voltage hazards.
(3)
Screening. Each solar energy system shall be screened by a buffer yard to create a continuous visual screen between the facility and a person standing at ground level on an adjacent lot. Such buffer yard shall be comprised of fencing or landscaping or some combination thereof and shall comply with the provisions in § 84-55A.
(4)
Abandonment. The following requirements shall apply and shall
be a condition of approval of a conditional use for a solar energy
system:
(a)
A solar energy system that is out of service for a continuous
twelve-month period will be deemed to have been abandoned.
(b)
The Zoning Officer may issue a notice of abandonment to the
owner, to be sent by regular mail and certified mail, return receipt
requested, at the address of record as set forth on the tax duplicate.
The owner shall have the right to appeal from such notice to the Zoning
Hearing Board and provide evidence to prove that the use was not abandoned.
(c)
Any abandoned system shall be removed at the owner's sole expense within six months after the owner receives a notice of abandonment or, in the event of an appeal, within six months after the entry of a final order by either the Zoning Hearing Board or by a reviewing court, as the case may be. Failure to comply with this requirement shall constitute a violation of this chapter subjecting the property owner to the remedies and penalties as set forth in Article XVI of this chapter.
(d)
In granting a conditional use for a solar energy system, the
Board may impose a requirement that the property owner post financial
security with the Township in an amount sufficient to cover the cost
of removal of the solar energy system in the event of abandonment.
(5)
Vehicular access. Each solar energy system shall be provided
with a means of vehicular access to and from a public or private road.
(6)
Land development. The applicant shall obtain land development
approval for the solar energy system.
[Added 4-25-2012 by Ord. No. 04-2012]
A.
A wind energy system shall be permitted as an accessory use in all
zoning districts by special exception, subject to compliance with
the following requirements:
(1)
A minimum lot size of one acre shall be provided.
(2)
All wind energy systems shall be set back from all property
lines a distance equal to the greater of:
(3)
Wind energy systems shall not be permitted in a front yard area
or between the front facade of the principal building and the adjacent
street line.
(4)
Wind turbines shall not exceed a height of 30 feet, measured
to the height of the blade at its highest point.
(5)
No more than one wind energy system shall be permitted per property.
(6)
The design and installation of wind energy systems shall conform
to applicable industry standards, including those of American National
Standards Institute (ANSI), Underwriters Laboratories (UL), International
Standards Organization (ISO) and the American Society for Testing
and Materials (ASTM), as applicable, and shall comply with applicable
building code and fire and safety requirements. The applicant shall
submit manufacturer's specifications as part of an application for
special exception.
(7)
(8)
Wind energy systems shall be designed with an automatic brake
or other similar device to prevent over-speeding and excessive pressure
on the tower structure.
(9)
Wind energy systems shall not be artificially lighted.
(10)
All ground-mounted electrical and control equipment shall be
labeled and secured to prevent unauthorized access.
(11)
The tower shall be designed and installed so as not to provide
step bolts, a ladder, or other publicly accessible means of climbing
the tower for a minimum height of eight feet above the ground.
(12)
All moving parts of the wind energy system shall be a minimum
of 10 feet above ground level.
(13)
The blades on the wind energy system shall be constructed of
a corrosion-resistant material.
(14)
The surface of the wind energy systems shall be finished with
a nonreflective coating.
(15)
Guy wires shall not be permitted. All parts of the wind energy
system shall be located on the same lot as the energy system.
(16)
No aerial wiring system shall be employed in transmitting energy
generated by a wind energy system.
(17)
Abandonment. The following requirements shall apply and shall
be a condition of approval of a special exception for a wind energy
system:
(a)
A wind energy system that is out of service for a continuous
twelve-month period will be deemed to have been abandoned.
(b)
The Zoning Officer or Code Enforcement Official may issue a
notice of abandonment to the owner, to be sent by regular mail and
certified mail, return receipt requested, at the address of record
as set forth on the tax duplicate. The owner shall have the right
to appeal from such notice to the Zoning Hearing Board, in which event
the Township shall have the burden of proving by a preponderance of
the evidence that the system has been abandoned, applying the same
tests as would apply in the context of an alleged abandonment of a
lawful nonconforming use.
(c)
Any abandoned wind energy system shall be removed at the owner's sole expense within six months after the owner receives a notice of abandonment or, in the event of an appeal, within six months after the entry of a final order by either the Zoning Hearing Board or by a reviewing court, as the case may be. Failure to comply with this requirement shall constitute a violation of this chapter subjecting the property owner to the remedies and penalties as set forth in Article XVI of this chapter.
(d)
In granting a special exception for a wind energy system, the
Zoning Hearing Board may impose a requirement that the property owner
post financial security with the Township in an amount sufficient
to cover the cost of removal, in the event of abandonment.
(18)
Land development approval shall be required for any wind energy
system that is accessory to a commercial use.
[Added 6-12-2013 by Ord. No. 02-2013]
An applicant seeking a special exception for a student home
in the R-4 District must demonstrate compliance with the following
mandatory criteria.
A.
A student home is only permitted in the R-4 District in a single-family
detached dwelling, a single-family attached dwelling and a multifamily
dwelling.
B.
The dwelling unit must have a floor area of at least 1,000 square
feet exclusive of basements, garages and accessory buildings.
C.
A student home shall meet the area and bulk requirements for single-family
detached dwellings, single-family attached dwellings and multifamily
dwellings in the R-4 District, as the case may be.
D.
The owner of the student home or the agent or manager of the student
home shall annually register the student home with the West Goshen
Township Zoning Officer on a form provided by the Township. If the
owner of a student home fails to maintain a current registration of
the student home, the Zoning Officer shall have the discretion to
revoke the zoning permit and rental permit after providing the owner
with notice and an opportunity to cure.
E.
The dwelling unit must contain a minimum of two parking spaces for
the dwelling unit and one additional space for every additional occupant
of the dwelling.
F.
All owners of student homes which are in existence as of the effective
date of this section shall have 45 days from the effective date of
this section to register their student homes with the Zoning Officer
on a form provided by the Township. Pursuant to Section 613 of the
Pennsylvania Municipalities Planning Code, 53 P.S. § 10613,
the Zoning Officer shall then confirm a list of nonconforming student
homes and identify any additional student homes which are lawfully
in existence as of the effective date of this section. Such list shall
be available for public inspection. Once the Zoning Officer has confirmed
that a student home is a lawful nonconforming student home, the owner
shall complete a rental registration form and annually register the
student home.
[Added 6-12-2013 by Ord. No. 03-2013]
A.
If permitted by the underlying zoning district regulations, a home-related business, as defined in § 84-8 shall be permitted as an accessory use to a single-family detached dwelling, subject to the following regulations.
(1)
No sign shall be permitted on the property indicating the presence
of a home-related business.
(2)
Size. The accessory use shall not exceed 500 square feet of
total floor area of the dwelling unit, including any accessory structures
or space used for storage.
(3)
Parking and loading. In addition to the off-street parking that
is required for the single-family detached dwelling use, there shall
be one off-street parking space for every nonresident employee of
the home-related business.
(4)
Building appearance. There shall be no change in the outside
appearance of the dwelling unit, accessory structure and/or lot related
to the home-related business as they existed on the date of issuance
of the permit authorizing the home-related business or other visible
evidence of the conduct of a home-related business.
(5)
Nuisance. No equipment or process shall be used in a home-related
business 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. No burning, heating or other process will take place which might
produce toxic or noxious odors, fumes or gasses.
(6)
Storage. The outside storage of materials, equipment or products
shall be prohibited. A dumpster shall not be brought onto the property,
or be utilized upon the property, for the use of the home-related
business.
(7)
Business vehicles. A maximum of two motor vehicles, bearing
current and valid inspection and emissions stickers and currently
licensed by the Pennsylvania Department of Motor Vehicles, which are
used for a home-related business shall be permitted on the lot on
which the home-related business is conducted. No one motor vehicle
shall exceed 8,000 pounds of gross vehicle weight, nor shall the combined
weight of one vehicle and another vehicle (motorized or nonmotorized,
such as a trailer or equipment) that are attached or capable of attachment
together exceed 8,000 pounds of gross vehicle weight.
(8)
Customer/client visits. The home-related business use shall
not involve any customer or client visits to the property, and there
shall be no direct sales of products on or from the lot.
(9)
Number of uses. Only one home-related business shall be permitted
on any one lot.
(10)
Number of employees. The maximum number of nonresident employees
who may report to the dwelling shall be two.
(11)
Permit. It shall be illegal for any person to conduct a home-related
business on any property unless he has applied for and been issued
a home-related business permit by the Zoning Officer. An inspection
by the Zoning Officer shall be required prior to the issuance of any
such permit.
[Added 6-12-2013 by Ord. No. 03-2013; amended 6-15-2021 by Ord. No. 7-2021]
A storage shed is permitted as an accessory structure to a single-family detached dwelling and semidetached dwellings in the R-2, R-3, R-3A, R-3C and R-4 Districts. The storage shed may be located within the side and/or rear yards of the lot, but not in the front yard or in front of the front facade of the dwelling. The shed must be set back a minimum of six feet from the property line. On lots of one acre or less, a maximum of one storage shed is permitted. On lots greater than one acre, a maximum of two storage sheds are permitted. A storage shed may not exceed 250 square feet in area and 12 feet in height measured at the peak of the roof. For lots within the R-3B District, the regulations in § 84-14.6B(13) shall govern.
[Added 6-12-2013 by Ord. No. 04-2013]
A travel center with the accessory use of an automobile repair
shop shall be permitted in the C-5 District by conditional use of
the Board of Supervisors and subject to the regulations in this section.
A.
No more than 50% of the total floor area of the building shall be
used for automobile repair.
B.
No repair of vehicles may be conducted outside of the building. All
activity relating to automobile repair shall occur inside the building.
C.
There shall be no sale of vehicles on the lot.
D.
There shall be no outdoor storage of vehicles for sale or rental
on the lot.
E.
The overhead doors and windows shall be kept closed at all times
when any noise-producing activity relating to automobile repair is
being conducted inside the building, with the exception of times when
vehicles are entering and exiting the facility.
[Added 7-31-2013 by Ord. No. 09-2013]
Where this chapter allows the development of multiple uses and
buildings on a development tract, individual units, buildings, or
parcels of land within the development tract may be subdivided, leased,
purchased, sold, mortgaged, and developed as individual zero lot line
units without meeting the lot width, lot size, impervious coverage,
building coverage, green area, and lot setbacks from internal parking
and building lines for each individual zero lot line unit; provided,
however, that the development tract shall comply with the applicable
area and bulk standards for the zoning district where the development
tract is located.
[Added 9-23-2015 by Ord.
No. 6-2015]
A.
Purpose. The purpose of this section is to provide standards for
the keeping of domesticated chickens. It is intended to enable residents
of single-family dwellings to keep a small number of female chickens
on a noncommercial basis while limiting the potential adverse impacts
on the surrounding properties.
B.
Standards for keeping domesticated chickens.
(2)
The maximum number of chickens permitted on a lot with a single-family
dwelling shall be determined based on the zoning district and lot
size as set forth below:
|
Zoning District
|
Minimum Lot Size
|
Maximum Number of Chickens
|
|---|---|---|
|
R-2 Residential District
|
1 acre
|
10
|
|
R-3 Residential District
|
30,000 square feet
|
8
|
|
22,000 square feet
|
6
| |
|
18,000 square feet
|
4
| |
|
R-4 Residential District
|
30,000 square feet
|
8
|
|
22,000 square feet
|
6
| |
|
18,000 square feet
|
4
|
(3)
Roosters are prohibited.
(4)
The slaughtering of chickens is prohibited.
(5)
For identification purposes, all chickens age six months and
older must wear leg bands which identify the permit number issued
by the Township.
[Amended 12-9-2015 by Ord. No. 9-2015]
(6)
All chickens must be maintained in a fully enclosed shelter
which has a roof or overhead covering and which may only be located
in the rear yard or in a fenced-in area. The enclosure must provide
four square feet per chicken with an exterior run and six square feet
per chicken without an exterior run. The shelter must be a minimum
of 20 feet from any rear property line and a minimum of 15 feet from
any side property line. The fence must be a minimum of four feet and
a maximum of six feet in height. A lot classified as a through lot
may keep domesticated chickens in accordance with the setbacks referenced
above as long as the shelter is located behind the principal structure.
[Amended 12-7-2021 by Ord. No. 14-2021]
(7)
It shall be unlawful for the owner of chickens to allow the
same to run at large upon any public land, including, but not limited
to, sidewalks, streets, roads, alleys, parks, or upon another person's
private property.
(8)
All enclosures and structures must meet all applicable zoning
requirements. A zoning permit shall be required for the construction
of any enclosure that is less than 500 square feet. A building permit
shall be required for the construction of any enclosure that is 500
square feet or greater.
(9)
All owners of chickens must maintain sanitary living conditions
for the chickens so that the keeping of chickens does not become a
public or private nuisance. Owners shall not allow feces from the
chickens to accumulate on the owner's land such that it becomes a
nuisance caused by odors. The feces must be regularly removed by double-bagging
and placing the bagged feces in the trash for collection.
(10)
All chicken feed must be stored in rodentproof closed containers.
C.
Permits. An owner wishing to keep chickens on his/her property must
first obtain a permit from the Zoning Officer. An applicant seeking
to obtain a permit to maintain chickens must submit an application
on forms provided by the Township and pay the applicable permit fee
as determined by resolution of the Board of Supervisors. If the applicant
resides within a homeowners' association, a letter from the homeowners'
association approving the keeping of chickens must accompany the application.
D.
Denial, suspension or revocation of permit. The Township shall deny
a permit if the applicant has not demonstrated compliance with all
of the provisions of this section. A permit to keep domesticated chickens
may be suspended or revoked by the Township where the Township finds
that the keeping of the chickens creates a public nuisance or for
any violation of, or failure to comply with, any of the provisions
of this section or with the provisions of any other applicable ordinance
or law.
[Added 12-14-2016 by Ord.
No. 5-2016]
A.
Purpose. The purpose of this section is to allow for the creation of an in-law suite for personal, noncommercial use, as defined by § 84-8, within the Township's R-2, R-3 and R-4 Zoning Districts, subject to certain Township regulations.
B.
Standards for in-law suites. In-law suites shall only be permitted
in the R-2, R-3 and R-4 Zoning Districts and are subject to the following
standards and regulations:
(1)
An in-law suite shall be restricted for the occupancy and/or care of a relative as defined by § 84-8 of this chapter. The Township Zoning Officer may require proof of relative status.
(2)
An in-law suite may be occupied by a maximum of two occupants.
(4)
The in-law suite may be contained in an existing accessory structure,
such as a garage.
(5)
The floor area of the in-law suite shall not exceed 35% of the
combined floor area of the principal dwelling plus the in-law suite.
(6)
The principal dwelling must retain its appearance as a single-family
dwelling.
(7)
All utilities shall be shared, including, but not exclusive
to, gas, electric, heat, water service and sewer service.
(8)
A use and occupancy and zoning permit shall be required prior
to the occupancy of an in-law suite.
(9)
The Zoning Officer shall require the property owner(s) to execute
an agreement in the form which is attached hereto and incorporated
herein,[2] which shall be recorded, at the owner's expense, with
the Office of the Chester County Recorder of Deeds. The agreement
shall specify the restrictions of an in-law suite and shall prohibit
the property owner(s) and future property owner(s) from renting the
in-law suite as an apartment to nonrelatives.
[2]
Editor's Note: Said agreement is on file in the Township offices.
C.
Denial, suspension or revocation of use and occupancy permit. The
Township shall deny a use and occupancy permit if the owner(s) has
not demonstrated compliance with all of the provisions and standards
of this section. Any such use and occupancy permit issued may be suspended
or revoked by the Township where the Township finds that the owner(s)
failed to comply with any of the provisions or standards of this section
or with the provisions of any other applicable ordinance or law.
[Added 4-12-2017 by Ord.
No. 1-2017]
A.
Purpose. The purpose of this section is to allow for brewery pubs and microbreweries, as defined in § 84-8, as permitted uses within the Township's C-2, I-1, I-2 and I-3 Zoning Districts subject to the regulations in this section.
B.
Standards for brewery pubs and microbreweries.
(1)
Brewery pubs and microbreweries shall be permitted to sell all
products and merchandise that they are authorized to sell pursuant
to their liquor license as well as food prepared on site, snack foods
and merchandise, such as t-shirts, hats, and glassware.
(2)
Brewery pubs and microbreweries shall comply with all parking requirements set forth in § 84-55I(2) for an eating and drinking place.
(3)
Brewery pubs and microbreweries may have outdoor dining and seating at their facility if they meet the criteria in § 84-57.11.
(4)
Brewery pubs and microbreweries may provide tours of their facility
to the public.
(5)
No exterior display or sale of retail merchandise shall be permitted
outside of the brewery pub or microbrewery.
(6)
Any signs installed for the brewery pub and microbrewery shall comply with all Township sign regulations, as set forth in § 84-52.
(7)
Brewery pub and microbreweries shall obtain all requisite licenses
from the Pennsylvania Liquor Control Board, the Chester County Health
Department, and the West Goshen Township Department of Code Enforcement
prior to operation.
[Added 11-26-2018 by Ord.
No. 8-2018]
A.
Purpose. The purpose of this section is to allow for the sale of consumer fireworks, as defined in § 84-8, as a use permitted by conditional use in the MPD District, subject to the regulations in this section.
B.
Standards for the sale of consumer fireworks. Sales of consumer fireworks from either a permanent facility or temporary structure are subject to compliance with the general provisions regarding conditional uses contained in §§ 84-74 and 84-75 of this chapter as well as all the following specific regulations with respect to such use:
(1)
The facility from which the fireworks are sold, whether permanent
or temporary, shall comply with the MPD District's dimensional, area,
and parking regulations, including, but not limited to, setbacks and
buffers.
(2)
Such use shall not be located within 1,500 feet of any premises
selling alcoholic liquors, alcohol, malt or brewed beverages for consumption
on or off premises.
(3)
Such use shall not be located within 1,500 feet of any local
or state park, school or child day-care facility, recreational establishment,
house of worship, dwelling, hospital, group home or nursing home.
(4)
Any structure containing quantities of consumer fireworks, as
defined herein, exceeding 50 pounds shall be no closer than 150 feet
to any building, state highway, railway, local street or alley, waterway,
or utility right-of-way, including, but not limited to, a natural
gas line.
(5)
Such use shall not be located within 1,500 feet of any premises
selling firearms.
(6)
All land development plans for construction, use or renovation
of an existing building for the purposes of selling fireworks shall
be reviewed by the Code Enforcement Officer for compliance with all
required fire safety codes, including, but not limited to, the International
Fire Code, and his comments and/or report shall be copied to the officer
municipality-designated fire company officer.
(7)
Sale of fireworks shall be subject to compliance with all of
the provisions of Pennsylvania Act 43 of 2017[1] pertaining to the sale thereof. Hours of operation shall
be confined to 9:00 a.m. to 7:00 p.m. Security and site management
shall be provided 24 hours per day.
[1]
Editor's Note: See 72 P.S. § 9401 et seq.
(8)
All sales of consumer fireworks shall be conducted only within
a facility approved by the Pennsylvania Department of Agriculture
pursuant to the Pennsylvania Fireworks Law, 72 P.S. § 9407,
as amended.
(9)
All sales of consumer fireworks, as defined herein, shall be
conducted only from a facility exclusively dedicated to the storage
and sale of fireworks.
(10)
If the facility in which the sale of consumer fireworks is conducted is a temporary structure, it shall comply with the following regulations, in addition to the other regulations set forth in Subsection B(1) to (9):
(a)
The temporary structure is located no closer than 250 feet from
a facility storing, selling or dispensing gasoline, propane or other
flammable products.
(b)
An evacuation plan is posted in a conspicuous location for a
temporary structure in accordance with NFPA 1124.
(c)
The outdoor storage unit, if any, is separated from the wholesale
or retail sales area to which a purchaser may be admitted by appropriately
rated fire separation.
(d)
The temporary structure complies with NFPA 1124.
(e)
The temporary structure is located one of the following distances
from a permanent facility licensed to sell consumer fireworks under
the Act of May 15, 1939 (P.L. 134, No. 65), referred to as the "Fireworks
Law,[2]" at the time of the effective date of this article: prior
to January 1, 2023, at least five miles; or beginning January 1, 2023,
at least two miles.
[2]
Editor's Note: See 72 P.S. § 9401 et seq.
(f)
The temporary structure does not exceed 2,500 square feet.
(g)
The temporary structure is secured at all times during which
consumer fireworks are displayed within the structure.
(h)
The temporary structure has a minimum of $2,000,000 in public
and product liability insurance.
(i)
The sales period is limited to June 15 through July 8 and December
21 through January 2 of each year.
(j)
Consumer fireworks not on display for retail sale are stored
in an outdoor storage unit.
(k)
Limitations. The sale of consumer fireworks from the temporary
structure is limited to the following: helicopter, aerial spinner
(APA 87-1, 3.1.2.3); Roman candle (APA 87-1, 3.1.2.4); and mine and
shell devices not exceeding 500 grams.
(l)
Storage of consumer fireworks shall be permitted only as an
accessory use to the sale of consumer fireworks on premises.
[Added 8-17-2021 by Ord.
No. 12-2021]
The following regulations shall apply to any retail establishment
that provides a drive-through lane, including but not limited to a
drive-through restaurant:
A.
Interior traffic circulation shall be designed so as to minimize
traffic congestion at points of ingress and egress and to promote
public safety for those patrons parking or using the drive-through
lane.
B.
Fire lanes shall be clearly established, as required by the Township
Fire Code.
C.
The required loading and unloading zones shall be designed to minimize
interference with interior traffic circulation and parking facilities.
D.
A ten-foot-wide stacking lane shall be provided for each service
lane or bay. The length of the stacking lane shall be sufficient to
accommodate the peak traffic anticipated to use the drive-through
lane as determined by the Township Engineer after evaluation of a
traffic study prepared by the applicant.
E.
All designated points of ingress and egress for all vehicles shall
be designed to consider traffic volumes on existing streets and adjacent
uses.
F.
All exterior speaker, microphone or intercom systems shall be designed
in a manner so the messages, music or other audible sounds are reduced
by 80% from the source to any property line.
