Township of Easttown, PA General Regulations

No more than one principal building shall be permitted on any lot in the AA, R-1, R-2, R-3, R-4, R-5 and VR Districts. One or more accessory structures may be located on a lot in the AA, R-1, R-2, R-3, R-4, R-5 and VR Districts, subject to the district regulations and as per §§ 455-47 and 455-48.

[Amended 12-15-2014 by Ord. No. 424-14]

One or more principal buildings may be located on a lot in the PBO, VB and VT Districts and the DC-Devon Center Overlay District. Unless otherwise specified in the applicable district regulations, each such principal building shall conform to all requirements of the respective district in which located as if each building were on a separate lot and with all of the requirements applicable to land developments specified in Chapter 400, Subdivision and Land Development.

[Amended 8-19-2013 by Ord. No. 417-13; 12-13-2016 by Ord. No. 427-16]

In the case of a building such as a shopping center, an office center or other similar building where there are a row of individual uses, the side yard requirement applies to the building rather than to the individual uses.

Lots.

No lot shall be so reduced that the dimensional requirements shall be smaller than prescribed in the district regulations in which the lot is located.

Every principal building shall be built upon a lot with frontage upon a public or private street improved to meet Township standards or for which such improvements have been ensured by the posting of a performance guarantee pursuant to Chapter 400, Subdivision and Land Development.

Where a minimum lot area (net lot area) is specified, no principal building or use shall be erected or established on any lot of lesser area, except as may be permitted in Subsection B(5) below.

[Amended 12-15-2014 by Ord. No. 424-14]

Where a minimum lot width is specified, no principal building shall be erected on any part of a lot which has a width of less than is specified in the appropriate district.

A building may be constructed on any lot which was lawful when created and which, prior to the effective date of this chapter, was in single and separate ownership duly recorded by deed, provided the yard requirements are observed.

Yards. Where a minimum depth of a yard setback is specified in a district, an open space of at least the specified depth shall be provided between the street line(s) or lot line(s) and the nearest point of any building or structure, except when permitted elsewhere in this chapter.

Unless clear sight distance is affected at intersections, the district's yard requirements shall not apply to an arbor, open trellis, flagpole, unroofed steps, awning or movable canopy which projects no more than 10 feet, or an open fire escape or unroofed porch at grade which extends no more than six feet into any yard.[1]

Editor's Note: Former Subsection C(1), Definitions, was repealed 12-15-2014 by Ord. No. 424-14. This ordinance also redesignated former Subsection C(2) and C(3) as Subsection C(1) and C(2), respectively.

In the case of through lots, unless the prevailing front yard pattern on adjoining lots indicates otherwise, front yards shall be provided on all frontages.

§ 455-36 Fences and walls.

Fence and wall regulations.[1]

No fence or wall over six feet in height shall be erected in any of the side or rear yard setbacks required in § 455-35C above.

[Amended 1-15-2018 by Ord. No. 433-18]

Unless otherwise restricted by this chapter, a fence or wall of not more than four feet in height or fences up to five feet in height with the top one foot being at least 50% open may be erected, installed, or constructed within the required front yard setback, except as follows:

[Amended 1-15-2018 by Ord. No. 433-18]

Fences or walls up to five feet in height or fences up to six feet in height with the top one foot being at least 50% open are permitted within the required front yard setback when set back a minimum of five feet from the right-of-way line.

Fences or walls up to six feet in height are permitted within the required front yard setback when set back a minimum of 10 feet from the right-of-way line.

Fences or walls shall not be erected, installed, or constructed between the street right-of-way line and the cartway surface of the street on which the lot fronts.

Unless otherwise restricted by this chapter, in all districts, a fence or wall of not more than six feet in height may be erected, installed, or constructed within the required side yards or rear yard of the lot.

No fence or wall shall be erected, installed or constructed which:

Violates § 400-39 of Chapter 400, Subdivision and Land Development.

Obstructs sight distance at street intersections, whether public or private, or at the point where any driveway intersects a public or private street.

Obstructs or impedes water flow in any drainage easement, perennial or intermittent stream, or other drainage course.

[Amended 12-15-2014 by Ord. No. 424-14]

Editor's Note: Former Subsection A, Definitions, was repealed 12-15-2014 by Ord. No. 424-14. This ordinance also redesignated former Subsections B and C as Subsections A and B, respectively.

No fence or wall shall be erected, installed, or constructed prior to the issuance of the permits required by § 455-95 of this chapter.

Fences shall be erected with the finished side of the fence facing adjacent properties and rights-of-way. The finished side shall be considered the side without the structural supporting members.

[Added 1-15-2018 by Ord. No. 433-18]

All fences or walls erected within the front yard setback shall provide an operable gate with a minimum width of 36 inches, where thirty-six-inch or greater openings or breaks in the fence line do not exist to provide access to the area between any fence or wall and the cartway of the abutting street, and the property owner is responsible for maintaining this area. There shall be a minimum of one operable gate or opening for each street frontage.

[Added 1-15-2018 by Ord. No. 433-18[2]]

Editor's Note: This ordinance also redesignated former Subsection C as Subsection E.

Exemption. Required open fences for tennis courts and paddle tennis courts, when an integral part of such structures, and for baseball and softball field backstops, shall not be subject to the height limitations of Subsection B(2) above. If a fence is over six feet in height, it must be located at the immediate edge of the paved playing surface.

§ 455-37 Flag lots.

Individual flag (rear) lots are permitted, subject to the following regulations:

Flag lots, as defined within this chapter, shall be permitted only within a residential district and shall be subject to all regulations of this section and the applicable district regulations. Flag lots shall be permitted within a layout of residential lots when no other alternative can be achieved. When a flag lot or flag lots are proposed as a part of a residential subdivision, only one tier or row of flag lot(s) shall be permitted behind or to the rear of typical residential lots having full lot widths at the street and the building setback line.

Only one flag lot access strip shall be permitted adjacent to a lot having full lot width and frontage on a public street.

If more than one flag lot is permitted and is proposed for a residential subdivision, each individual flag lot access strip connecting the main body of the lot to a public street, highway, or public right-of-way shall be separated horizontally along the said road frontage by a minimum of two full standard residential lots, each of which have the minimum required lot width at the street line.

The flag lot access strip shall be owned in fee simple and shall constitute a part of the lot, but its area shall be excluded from the required minimum lot area (net lot area) calculation imposed by the district regulations. No flag lot may be served by an easement.

[Amended 12-15-2014 by Ord. No. 424-14]

The flag lot access strip shall have a minimum width of 35 feet extending from the interior portion of the lot (coextensive with its front lot line) to the nearest point of access to a public right-of-way and shall not exceed 400 feet in length measured from the street right-of-way.

The front lot line for a flag lot shall be measured from the interior end of the access strip and shall not be measured where the access strip intersects with a street, highway, or public right-of-way. The width of the front lot line and the lot width at the building setback line shall each be the distance specified for the minimum lot width at the building setback line for the applicable district. The principal building on a flag lot shall be located within an area of sufficient size to hold a circle with a minimum diameter equal to the required lot width at the building setback line. The building setback line shall be measured from the interior rear lot line which the flag lot front yard faces. Applicable side and rear yards for the district shall be required for flag lots.

No more than one flag lot may be created from a through lot.

The Board of Supervisors may require an additional width for the flag lot access strip (extending up to 100 feet) if required for public safety, or sight distance or for other reasons of traffic safety.

Subject to the other requirements of this section and the limitation imposed by Subsection B above, no more than one flag lot shall be created by resubdivision from a lot that existed in single and separate ownership on the effective date of this chapter, unless such lot is capable of and proposed for subdivision into more than 10 lots in compliance with the district regulations at the time of the creation of the flag lot.

Creation of the access strip to serve the flag lot shall not create a nonconforming front lot by reducing such lot's required road frontage below the minimum or, if the front lot is already nonconforming with respect to road frontage, reduce its road frontage further.

§ 455-38 Buffering standards.

General applicability. Buffering standards are located in Article X of Chapter 274, Natural Resources Protection. Buffering standards for this chapter shall be in compliance with the standards set forth in Chapter 274, Natural Resources Protection, as incorporated by reference in Subsection B below.

Incorporation by reference. The establishment and administration of the provisions governing buffering shall be governed by the provisions of the following articles of Chapter 274, Natural Resources Protection, which are incorporated by reference as if set forth fully herein, as may be amended from time to time in accordance with the procedures set forth in Article XVII of this chapter and the Municipalities Planning Code[1]:

Article X, Landscaped Buffers, of Chapter 274.

Editor's Note: See 53 P.S. § 10101 et seq.

§ 455-39 Outdoor lighting.

Applicability.

Outdoor lighting facilities shall be required for off-street parking, off-street loading, and ingress and egress thereto for all residential developments and for all business, commercial, personal service, industrial, recreational, institutional, public, and other uses. All proposed intersections with an arterial or collector road, as defined by functional classification within the Easttown Comprehensive Plan, 2001, shall have streetlights. The Board of Supervisors shall have the authority to require outdoor lighting to be incorporated for other uses or locations where warranted. All outdoor lighting facilities shall have underground wiring.

Proposed lighting regulated by this chapter shall be reviewed and approved by the Zoning Officer prior to its installation.

Plan submission.

Lighting plans shall be submitted to the Zoning Officer for review and approval with all applications for conditional uses, special exceptions, variances, and subdivision and land development plans. Additionally, the Zoning Officer may require the submission of a lighting plan with any building permit application. Lighting plans shall be approved in conjunction with the corresponding application (conditional use, special exception, subdivision or land development, building permit, etc.). The required lighting plan shall include the following information:

A site plan containing a layout of the proposed fixture locations and type, including, at minimum, a plan displaying a ten-foot by ten-foot grid of all areas on the lot to be affected by lighting if such site plan for lighting does not display the entire parcel; an additional site plan that displays the parcel, structures, and streets shall be included, with the area(s) to be affected by lighting displayed on the site plan. The site plan should display approximate distances but does not need to be a professional architectural drawing or rendering.

Catalogue cuts and photometrics for each light fixture, the method of energizing each light fixture, a listing of the hours of operation and a plan showing the photometrics for the entire site, based upon the proposed placement of the light fixtures. A description of glare-reduction devices, lamps, wattage, control devices, mounting heights, pole foundation details, and mounting methods, as appropriate for each fixture, should also be included.

Post-approval alterations to lighting plans shall be submitted to the Township for review and approval.

The Township reserves the right to conduct a post-installation nighttime inspection to verify compliance with the requirements of this chapter and, if appropriate, to require remedial action at no expense to the Township.

Design standards.

Lighting, where required by this chapter, shall have intensities and uniformity ratios in accordance with the current recommended practices of the Illuminating Engineering Society of North America (IESNA) contained in the most current edition of the IESNA Lighting Handbook, as may be amended, including but not limited to the following:

Figure 8-1 Outdoor Lighting Requirements
Outdoor Lighted Area		Maintained Illumination Level (footcandles)
Streets, local residential		0.4 average
Streets, local commercial		0.9 average
Parking, residential, multifamily:
	Low vehicular/pedestrian activity	0.5 average
	Medium vehicular/pedestrian activity	0.8 average
Parking, nonresidential:
	High activity (regional shop center)	2.0 average
	Medium activity (community shop center)	1.0 average
	Low activity (neighborhood shopping)	1.0 average
Walkways and bikeways		0.5 average
Building entrances		0.5 average

	Horizontal on task, e.g., roadway, parking, walkway or area surface
	Source: IESNA Lighting Handbook, 8th Edition.

Outdoor lighting standards in parking areas shall not be located farther than 100 feet apart.

No outdoor lighting shall be permitted which shines directly into residential units or results in glare beyond an angle of 35° from a vertical plane.

All outdoor lighting shall be effectively shielded and shall be arranged so as to protect street and neighboring properties from direct glare or light radiation which may cause a safety problem or nuisance. Authority for determination shall rest with the Township Engineer.

For lighting horizontal tasks such as roadways, pathways and parking areas, fixtures shall meet IESNA full cutoff criteria (no light output emitted above 90° at any lateral angle around the fixture and no more than 10% light output above 80°).[1]

Editor's Note: Original § 805.C.6, regarding shielding of outdoor lighting, which immediately followed this subsection, was deleted 9-21-2009 by Ord. No. 391-09.

Floodlights and spotlights shall be so installed and aimed so that they do not project their output into the windows of neighboring residences, adjacent uses, directly skyward or onto a roadway.

Illuminated signs shall have an indirect lighting source or use directional lighting fixtures that shall be top-mounted so they are aimed downward.

(8)

The maximum height of a freestanding outdoor light standard which illuminates any portion of a lot in a residential district which is improved with a dwelling shall be eight feet, except lights which illuminate a tennis court, which may be a maximum of 20 feet in height. The maximum height of a freestanding outdoor light standard in all other districts and for all other uses other than dwellings shall be 16 feet. The height of an outdoor lighting fixture shall be defined as the vertical distance from the grade elevation of the surface being illuminated to the top of the lighting fixture.

[Amended 9-21-2009 by Ord. No. 391-09]

(9)

Unless otherwise permitted by the Township (e.g., for safety, security, or all-night operations), lighting shall be controlled by the automatic switching devices, such as time clocks or combination motion detectors and photocells, to permit extinguishing offending sources between 11:00 p.m. and dawn to mitigate nuisance glare and skylighting consequences.

(10)

All nonessential lighting, including display, aesthetic, parking, and sign lighting, shall be required to be turned off or reduced by 75% after business hours or 11:00 p.m., whichever is earlier, leaving only the necessary lighting for site security. Lighting proposed to remain on after 11:00 p.m. for a specific safety purpose shall be approved by the Township.

(11)

Directional fixtures used for architectural lighting (e.g., facade, fountain, feature and landscape lighting) shall be aimed so as not to project their output beyond the objects intended to be illuminated and shall be extinguished between the hours of 11:00 p.m. and dawn.

(12)

When an outdoor lighting installation is being modified, extended, expanded, or added to, the entire lighting installation shall be subject to the requirements of this section.

(13)

Township approval of an outdoor lighting plan does not relieve the landowner of responsibility should lights, after construction, not conform to the provisions of this section.

Installation responsibilities. The landowner shall install or cause to be installed all lighting fixtures and facilities at their expense. Fixtures and poles shall be in accordance with a utility plan prepared by the applicant and approved by the Supervisors upon recommendation of the Planning Commission. The landowner shall be responsible for all costs involved in the lighting of parking lots, streets, and street intersections.

Residential outdoor lighting requirements. Outdoor lighting facilities on individual single-family and other residential lots to illuminate private walkways, driveways, parking areas, patios, tennis courts, swimming pools, and similar areas shall not exceed 1/10 footcandle at the property lines and shall be shielded from any public right-of-way and from abutting properties.

[Amended 12-15-2014 by Ord. No. 424-14]

§ 455-40 Environmental controls.

Where requested by the Township, an applicant for a proposed use shall demonstrate as a condition of approval that adequate provisions will be made to reduce and minimize any objectionable elements to the degree necessary to insure that the proposed use will not be noxious, hazardous or offensive as defined within this chapter. If required, the applicant shall submit supplemental information, plans and impartial expert judgments, and the Township may require the expert advice of official agencies or private consultants and such reasonable tests as are deemed necessary, the costs of which shall be borne by the applicant. The burden of proof shall be upon the applicant.

Noise control.

The following are maximum permissible sound levels by receiving land use as specified in Figure 8-2 below. No person shall operate or cause to be operated on private or public property any source of continuous sound (any sound which is static, fluctuating, or intermittent with a recurrence greater than one time in any fifteen-second interval) in such a manner as to create a sound level which exceeds the limits set forth for the receiving land use category in the following figure when measured at or beyond the property boundary of the receiving land use.

Maximum continuous sound levels permitted by receiving land use.

Figure 8-2 Maximum Continuous Sound Levels
Receiving Land Use Category	Time	Sound-Level Limit (dBA)
Residential, public space, open space, agricultural, or institutional	7:00 a.m. to 7:00 p.m., Monday to Friday 8:00 a.m. to 5:00 p.m., Saturday to Sunday	55
	All other times and legal holidays	50
Commercial or business	7:00 a.m. to 7:00 p.m., Monday to Friday 8:00 a.m. to 5:00 p.m., Saturday to Sunday	65
	All other times and legal holidays	60
Industrial	At all times	70

For any source of sound which emits a pure tone, the maximum sound-level limits set forth in the above figure shall be reduced by 10 dBA. For any source of sound which emits an impulsive sound (a sound of short duration, with an abrupt onset and rapid decay and an occurrence of not more than one time in any fifteen-second interval), the excursions of sound-pressure level shall not exceed 10 dBA over the ambient sound-pressure level. Sound levels shall be measured at the property lines from which the sound emanates, by a sound level, which conforms to specifications published by the American Standards Association.

The maximum permissible sound levels by the receiving land use category as listed in the previous figure shall not apply to any of the following noise sources:

The emission of sound for purpose of alerting persons to the existence of an emergency.

Emergency work to provide electricity, water or other public utilities when public health or safety are involved.

Explosives and construction operations.

Motor vehicle operations.

Public celebrations, specifically authorized by the Township.

(f)

Surface carriers engaged in commerce by railroad.

(g)

The unamplified human voice.

Excepted from the foregoing restrictions are customary and usual agricultural operations, maintenance and repair operations performed on outdoor recreational facilities, such as parks, playing fields, playground facilities, and golf and tennis facilities. In no event shall the foregoing excepted actions commence prior to 6:00 a.m., prevailing time.

Vibration control. Operating or permitting the operation of any device that creates vibration, which is transmitted through the ground and is discernible without the aid of instruments, or is measured in excesses of 0.002g peak using either seismic or electronic vibration measuring equipment, at or at any point beyond the lot lines, shall be prohibited.

Control of dust, dirt, smoke, vapors, gases, and odors.

There shall be no emission of dust, dirt, smoke, ash, fumes, vapors, or gases or other hazardous or noxious materials to the air in such quantities that does not comply with Pennsylvania air pollution control laws, including regulations promulgated by the Pennsylvania Air Pollution Control Act of January 8, 1960, Public Law 2119, as amended,[1] including the standards set forth in the Department of Environmental Protection's Article III, Title 25, Rules and Regulations, Chapter 123 (Standards for Contaminants) and Chapter 131 (Ambient Air Quality Standards), and the National Emission Standards for Hazardous Air Pollutants of the United States Environmental Protection Agency.

Editor's Note: See 35 P.S. § 4001 et seq.

Visible air contaminants shall not be emitted in such a manner that the opacity of the emissions is equal to or greater than 20% for a period or periods aggregating more than three minutes in any one hour or equal to or greater than 60% in any one time and shall comply with Pennsylvania Code Title 25, Chapter 127, or its most recent update.

No user shall operate or maintain or be permitted to operate or maintain any equipment, installation or device which, by reason of its operation or maintenance, will discharge contaminants to the air in excess of the limits prescribed herein, unless he shall install and maintain in conjunction therewith such control as will prevent the emission into the open air of any air contaminant in a quantity that will violate any provision of this chapter.

No uses, except agricultural operations, shall emit odorous gases, or other odorous matter, in such quantities to be offensive at any point on or beyond its lot lines.

The guide for determining such quantities of offensive odors shall be the fifty-percent response level of Table 1 (Odor Thresholds in Air), "Research or Chemical Odors Part I — Odor Thresholds for 53 Commercial Chemicals," October 1968, Manufacturing Chemists Association, Inc., Washington, D.C.

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 in accordance with § 274-44C, Article XI, of Chapter 274, Natural Resources Protection.

Control of radioactivity or electrical emissions or electrical disturbances.

There shall be no activities which emit dangerous levels of radioactivity at any point. Activities which may emit radioactivity beyond enclosed areas shall comply with Chapters 221, 223, 224, 225, and 227, Title 25, Article V, Pennsylvania Department of Environmental Protection, Division of Radiology, Rules and Regulations. No operation involving radiation hazards shall be conducted which violates the regulations and standards established in Title 10, Part 20, Code of Federal Regulations, "Standards for Protection Against Radiation," in its latest revised form.

No radio or electrical disturbances, except from domestic household appliances, shall be permitted to adversely affect any equipment, such as, but not limited to, radios and televisions, at any time other than the equipment creating the disturbance.

Emergency medical services (EMS), fire departments, and the Township police shall be exempt from provisions that would hinder the regular functioning of necessary radio communications.

Fire and explosive hazards. All activities and all storage of flammable and explosive material shall be provided with adequate safety devices against the hazard of fire and explosion and adequate firefighting and fire-suppression equipment and devices as detailed and specified by the requirements of Chapter 211, Title 25, Rules and Regulations, Pennsylvania Department of Environmental Protection, for storing, handling and use of explosives.

Hazardous and special materials.

There shall be no disposal or release to the environment of any hazardous, special, or radioactive wastes.

All federal and state hazardous and special waste laws and regulations shall be complied with.

All hazardous and special wastes shall be disposed of at a properly licensed disposal facility having adequate capacity to accept the wastes. Evidence of a contractual arrangement with the facility shall be submitted.

No vehicle carrying pesticides, fertilizers, or other toxic, hazardous, or special chemicals or wastes shall pump water directly from a surface water source.

Heat.

No direct or sky-reflected glare from high temperature processes, such as combustion, welding, or otherwise, shall be permitted so as to be visible at the lot line. These regulations shall not apply to signs or floodlighting of parking areas otherwise in compliance with this chapter.

There shall be no emission or transmission of heat or heated air so as to be discernible at the lot line.

§ 455-41 Outdoor storage.

General requirements.

Outdoor storage of man-made products shall be screened from view of public rights-of-way and adjacent residential uses. Screening shall be in accordance with § 274-44C, Article XI, of Chapter 274, Natural Resources Protection.

Outdoor storage facilities for fuel, raw materials, and products shall be enclosed with an approved safety fence compatible with the architectural and landscaping style employed on the lot. In addition to a fence, bulk storage tanks shall be enclosed by a moat or berm to contain potential spillage and shall comply with all applicable EPA and Pennsylvania DEP regulations.

All organic refuse or garbage shall be stored in watertight, verminproof containers in multifamily, commercial, and industrial developments; garbage storage shall be centralized to expedite collection and enclosed on three sides by an architectural screen or plantings in accordance with § 274-44C, Article XI, of Chapter 274, Natural Resources Protection.

No highly flammable or explosive liquids, solids, or gases shall be stored in bulk above ground, except the following, which shall meet the National Fire Code:

Tanks or drums of fuel connected directly with and located and operated on the same lot as the energy devices or heating appliances they serve.

Tanks or drums for storage of not more than 300 gallons of fuel oil (other than that used for home heating) or gasoline or diesel fuel, provided such tanks are located no closer than 25 feet to any building or lot line or 50 feet from any street line.

No such tanks for heating, storage, or any other purpose shall be located within the front yard of any property.

No outdoor storage may be permitted in floodplain areas in accordance with § 274-12E(4) in Article III of Chapter 274, Natural Resources Protection, as incorporated by reference in Article VII of this chapter.

Residential outdoor storage.

Major recreational equipment.

For purposes of this chapter, major recreational equipment shall include boats and boat trailers, travel trailers, recreation vehicles (RVs), pickup campers or coaches (designed to be mounted on automotive vehicles), tent trailers, snowmobiles, and the like, and apparatus used for transporting recreational equipment, whether or not currently being used for the purpose.

Major recreational equipment shall not be parked or stored on any lot in any residential district except in an enclosed building or to the rear of the rearmost wall of the dwelling on all-weather surface material per § 455-74D(5); provided, however, that such equipment may be parked anywhere on residential premises for a period not to exceed 24 hours during loading and unloading. For the purposes of this subsection, if the rear yard of the premises is adjoining the side yard of an adjacent residential lot, it shall be considered to be the side yard, rather than the rear yard.

[Amended 11-5-2012 by Ord. No. 411-12; 1-15-2018 by Ord. No. 433-18]

Major recreational equipment that is stored outdoors in the side or rear yard shall be no closer to a property line than the setback lines created by the various yard requirements for the applicable zoning district.

[Amended 12-15-2014 by Ord. No. 424-14]

Major recreational equipment stored outdoors shall be screened from adjacent properties from which the equipment is visible so that no part of the equipment may be seen from ground level on all adjacent properties. The screening shall be in the form of either fencing in conformance with the provisions within this chapter or a vegetative buffer, with or without fencing, in accordance with § 274-44B, Article XI, of Chapter 274, Natural Resources Protection.

[Amended 11-5-2012 by Ord. No. 411-12; 12-15-2014 by Ord. No. 424-14]

No such equipment shall be used for dwelling purposes on a residential lot.

Storage of trailers when left in place and used as an extension to the building is not permitted in residential districts.

No storage shall be permitted within the front yard of any lot.

Commercial vehicles in residential districts. No commercial motor vehicle or part thereof which has a gross weight in excess of 8,000 pounds, or which is in excess of 20 feet in length, and no construction, excavating, earthmoving, or similar equipment shall be parked, stored or maintained on any road, right-of-way or lot or within any structure in any residential district (AA, R-1, R-2, R-3, R-4, R-5, and VR), except during the actual performance of work on the premises where said vehicle or equipment is or is intended to be parked, stored or maintained. The proper maintenance and storage of farm equipment, horse vans, and recreational vehicles on a lot owned or occupied by the owner of said equipment, van, or vehicle shall not be prohibited by the above provisions.

[Amended 8-19-2013 by Ord. No. 417-13; 12-15-2014 by Ord. No. 424-14]

Industrial and commercial outdoor storage. In all industrial and commercial districts or uses, storage of materials, equipment or vehicles, but not including the outdoor merchandising of vehicles, parking, and similar activities, shall be carried on within a building, except that outdoor storage for a permitted industrial or commercial use may be permitted by special exception from the Zoning Hearing Board where all of the following conditions are met:

The industrial or commercial use involved traditionally employs outdoor storage.

Such storage is needed for the successful operation of the use, and the proposed site is suitable for outdoor storage.

It can be shown that indoor storage is not practical.

The storage shall comply with all setback requirements applicable to the lot and shall cover only that percentage of total lot area which is proven practical and feasible to the Zoning Hearing Board. Wherever feasible, outdoor storage shall be located to the side or rear of the property.

The storage area shall be screened from view from any public right-of-way, residential district, or residential use by buildings, walls, or an effective screen as defined within this chapter.

Any establishment which furnishes shopping carts or mobile baskets as an adjunct to shopping shall provide definite areas within the building and parking space area for storage of said carts. In no case shall any such cart be allowed to be removed from the property. Each designated storage area shall be enclosed by a barrier at least six inches higher than the parking area surface and shall be clearly marked for storage of shopping carts. All shopping carts shall be stored indoors or otherwise properly secured during nonoperating hours.

Parking of commercial vehicles in the Planned Business – Office (PBO) District, Village Business (VB) District and Village Transition (VT) District. No commercial motor vehicle or part thereof which has a gross weight in excess of 8,000 pounds, or which is in excess of 20 feet in length, and no construction, excavating, earthmoving or similar equipment shall be parked, stored or maintained on any road or right-of-way in the PBO, VB and VT Districts, except during deliveries, for purposes of moving in and out, and when construction work is actually being performed on an adjacent lot.

[Added 9-21-2009 by Ord. No. 391-09; 8-19-2013 by Ord. No. 417-13]

§ 455-42 Removal of topsoil.

The continuation of adequate topsoil on the land within the Township is considered necessary for the general welfare of the Township. The permanent removal of topsoil from the land within the Township shall, therefore, be prohibited. This prohibition shall not be construed to render unlawful the temporary removal of topsoil for the purpose of construction of a building or buildings and the regrading of the land following construction.

§ 455-43 Temporary structure or use.

A temporary structure or use shall be permitted when in accordance with the following standards:

Permitted uses:

Bloodmobile, mobile medical testing facility and similar activities related to the promotion of public health.

Headquarters for political campaigns, for a period not to exceed three months.

Offices for contractors on the site and during the period of construction only, after which the office shall move into one of the permanent units.

Mobile office of the armed forces of the United States for public education or recruitment.

Temporary housing for residents displaced from the principal residence due to damage which has made the structure uninhabitable while the principal dwelling is being constructed, renovated, or repaired.

Temporary shelter for business operations that have been displaced from the principal building due to damage which has made the principal structure unusable while the principal structure is being repaired.

Temporary nonpermanent shelter for business operations involving the sale of merchandise, including, but not limited to, tents used by the automotive industry for special events or sales.

The location, size, purpose and duration of such shelter must be approved by the Township Zoning Officer two weeks prior to its placement on a property.

A temporary structure may not remain standing longer than 30 days, unless an extension of time is approved, in writing, by the Township at the time of application, or within seven days before the time the approved application expires.

The applicant, being either the property owner or business owner, shall submit a written letter notifying the address, size and type of structure, purpose of structure, and time the structure is proposed to remain standing. Such letter shall be submitted to the Township Zoning Officer for approval. The Zoning Officer reserves the right to obtain additional information before rendering a decision and may decline approval by supplying a written letter to the applicant stating why the proposed placement of such structure is not acceptable. Factors that may lead to disapproval include, but are not limited to, size, location, or type of structure.[1]

Editor's Note: Original § 809.A.7.d, which immediately followed this subsection, was repealed 6-2-2014 by Ord. No. 422-14.

Standards.

Except as noted, a temporary use and occupancy permit shall not exceed six months in length. Said permits may be renewed once when approved by the Zoning Officer. A temporary use and occupancy permit shall not be required for those uses listed under Subsection A(1) above, unless such uses remain in the same location for more than two consecutive days.

In the case of the temporary structures in Subsection A(3), (5) and (6) above, the temporary structure shall only remain in place until the principal structure(s) has been repaired or constructed. The initial permit may be renewed for one three-month period, provided that the applicant can demonstrate reasonable progress towards the completion of the project necessitating the temporary structure.

It shall be the responsibility of the applicant to demonstrate the need for a temporary use and occupancy permit.

All setbacks and lot coverage requirements of this chapter shall be met to the greatest extent possible.

The owner must reside in one of the structures during construction or renovations.

Prior to the issuance of a land use permit for the construction and renovation on a lot where a temporary residential structure will be located, the owner shall sign a binding agreement with the Township that the provisions of this subsection shall be complied with.

All temporary structures shall be removed completely within 30 days of the expiration of the permit without cost to the Township.

§ 455-44 Demolition of historic resources.

Purposes. In addition to the purposes and community development objectives in § 455-2 of this chapter, this section is enacted to protect valuable historic resources from degradation or destruction in order to preserve the cultural roots of the Township, in accordance with the Pennsylvania Municipalities Planning Code, Act 247, Section 603(b)(5), (c)(7) and (g)(2).[1] This section is established to:

Promote retention of the character of the Township through recognition and protection of historic and cultural resources.

Establish a clear process by which proposed changes affecting historic resources are reviewed to mitigate the negative effects.

Encourage the continued use of historic resources and to facilitate their appropriate reuse.

Encourage the preservation of historic settings and landscapes.

Discourage the demolition of historic resources.

Implement the goals of the Pennsylvania Constitution within Article I, Section 27, which establishes the state policy of encouraging the preservation of historic and aesthetic resources.

Editor's Note: See 53 P.S. § 10603(b)(5), (c)(7) and (g)(2).

Identification of historic resources. There shall be two methods of identifying historic resources in Easttown Township, as follows:

Class 1: a structure that is designated by either the 1993 Easttown Township Open Space, Recreation and Environmental Resources Plan (Map 5) or the 2001 Easttown Township Comprehensive Plan (Map 6) as a resource listed on the National Register of Historic Places, a resource eligible for National Register designation, or considered a significant historic resource by the Township as designated by the 1982 Historic Site Survey by Chester County, Pennsylvania.

Class 2: the applicant can document to the satisfaction of the Zoning Officer that the structure is more than 100 years old.

[Amended 9-21-2009 by Ord. No. 391-09]

Demolition of Class 1 and Class 2 historic resources.

No Class 1 or Class 2 historic resource shall be demolished, in whole or in part, whether deliberately or by neglect, including removal or stripping of any historically or architecturally significant exterior features, unless a permit is obtained from the Zoning Officer in accordance with the requirements of this section and other applicable standards and procedures of the Township Building and Fire Codes.

Demolition by neglect.

No Class 1 or Class 2 historic resource shall be demolished by neglect. "Demolition by neglect" shall be defined as the leaving open or vulnerable to vandalism or the improper maintenance of a Class 1 or Class 2 historic resource resulting in a detrimental effect on the character, stability, or structural integrity of the resource, thereby negating its ability for reuse, whether by ordinary negligence or willful neglect, by the owner or any party in possession thereof, which results in deterioration of exterior features as to create a hazardous or unsafe condition, deterioration of exterior walls, roofs, chimneys, or windows, the lack of adequate waterproofing, or deterioration of foundations which could result in permanent damage.

Demolition by neglect shall not be used as an automatic excuse by the applicant as justification for an active demolition application.

Demolition by neglect does not apply to ruins, such as partial roof structures, wall remains, remaining foundations, or other structures which are clearly in ruins and missing a substantial portion of the structural mass, existing at the time of adoption of this article or ruins already located on a property at the time of property purchase.

These regulations are meant to protect historic resources from parties who, by ordinary negligence or willful neglect, allow those resources, which are in usable condition on a property at the time of adoption of this chapter or at the time a new owner purchases a property, to deteriorate or become unusable and a liability to the point of needing to be demolished for safety reasons. An example of this would a party purchasing a property containing an historic resource displayed on the Township Historic Resource Map in usable condition and/or previously being used prior to the sale of the property, and, in order to avoid having to undergo the historic review process, as outlined in this section, said party allows that historic resource to become so deteriorated that the resource would qualify immediately for a demolition permit due to the unsafe or hazardous condition of the resource.

The following apply for historic resources:

Unoccupied buildings or structures should be properly sealed, fenced off, and the utilities turned off for safety at the owner's expense.

The structural integrity of both occupied and unoccupied Class 1 or Class 2 historic resources should be achieved through proper maintenance of all structural, architectural and other critical elements to ensure against damage by the elements.

Application requirements for demolition of historic resources.

The applicant shall submit to the Township an application for a demolition permit. All applications for demolition shall be reviewed against the Historic Resource Inventory and Map. If the application concerns the demolition of a Class 1 or Class 2 historic resource, the Zoning Officer shall be directed not to issue the permit and shall inform the applicant to comply with the following procedures and requirements of this section, as applicable.

In addition to the applicable requirements under the Township Building and Fire Codes, any applicant seeking a permit to demolish an historic resource shall submit the following information regarding that resource:

Owner of record.

Classification of historic resource on the Historic Resource Inventory and Map.

[3]

Recent photographs of the resource proposed for demolition.

[4]

A site plan showing all buildings and structures on the property.

[5]

Reasons for demolition.

Method of demolition.

[7]

Proposed use for the site, time line for implementation of proposed use for the site, and proposed disposition of materials from the demolished site.

[8]

Alternatives which the applicant has considered prior to demolition.

Review process for demolition permits.

The Zoning Officer shall notify the Planning Commission of the application for demolition upon acceptance of a properly completed application, including the necessary filing fee.

Within 30 days of receipt of a complete application for demolition from the Zoning Officer, at its next regular meeting or a special meeting, the Planning Commission shall review the application for demolition. The applicant will be notified of the meeting and encouraged to present evidence or testimony pertaining to the demolition. In reviewing the application, the Planning Commission shall take into account the following:

The effect of demolition on the historical significance and architectural integrity of the historic resource in question and neighboring historic resources, and on the historic character of the neighborhood, district or vicinity in which the resource is located.

Economic feasibility of continuing the existing use or of adaptively reusing the resource proposed for demolition.

[3]

Alternatives to demolition of the resource.

[4]

Whether the applicant has demonstrated that he has considered alternatives to demolition.

[5]

Whether the retention of the resource would represent an unreasonable economic hardship.

Whether the resource has been intentionally neglected.

Recommendation of the Planning Commission. The Planning Commission shall make its written recommendation to the Board of Supervisors either recommending approval of the demolition application as submitted, recommending approval of the application with conditions, or alternatively, the Planning Commission may recommend to use the following time periods to provide adequate opportunity for documentation of the resources as set forth below, for the applicant to prepare a financial analysis as set forth below, and/or to engage in discussion about alternatives to demolition with the applicant. The Planning Commission shall make every effort to communicate to the applicant the historical significance of the historic resource, its significance to the Township, and alternatives to its demolition.

Class 1 historic resources: a period not to exceed 90 days.

Class 2 historic resources: a period not to exceed 60 days.

Recommendation of the Board of Supervisors. Within 30 days of receiving the recommendation from the Planning Commission, the Board of Supervisors shall consider the application at a public meeting, together with the recommendations from the Planning Commission, and vote either to approve the application as submitted, approve the application with changes, or defer their decision affording a delay of demolition for up to the periods specified above. The applicant shall be notified at least 10 days prior to the date of the public meeting and shall have the opportunity to present reasons for filing the application. Within five days of making its decision, the Board of Supervisors shall provide written communication of its decision to the applicant, the Planning Commission, and the Zoning Officer.

Issuance of a demolition permit. Where the Board of Supervisors acts to approve the application, it shall authorize the Zoning Officer to issue the permit. Where the approval is authorized to be granted with conditions, the Zoning Officer shall be authorized to issue a permit upon receipt from the applicant of written acceptance of those conditions.

(f)

Documentation. Prior to the issuance of a demolition permit, the applicant may be required at the discretion of the Board of Supervisors to provide documentation of the Class 1 historic resource proposed for demolition. Such documentation may include:

Historical data, survey information, and other data provided by local, state, and federal historic preservation organizations and other agencies.

Photographs.

Floor plans.

Measured drawings.

Archeological survey, if appropriate.

Other available comparable forms of documentation.

(g)

Financial analysis. In cases where there is claim that demolition of a Class 1 historic resource is necessary due to financial hardship or the lack of a economically reasonable alternative for reuse, the applicant may be required at the discretion of the Board of Supervisors, during the period of the delay of demolition, to prepare a financial analysis, which may include any or all of the following information:

Amount paid for the property, date of purchase and party from whom purchased.

Assessed value of the land and improvements thereon, according to the most recent assessment.

[3]

For depreciable properties, a pro forma financial statement prepared by an accountant or broker of record.

[4]

All appraisals obtained by the owner in connection with the purchase or financing of the property, or during the ownership of the property.

[5]

Bona fide offers of the property for sale or rent, price asked, and offers received, if any.

Any consideration by the owner as to profitable, adaptive uses for the property, and any other practical uses, as well as incentives which could be offered by the Township to preserve the historic resource and any input from preservation organizations.

[7]

Where relevant, written estimates of the cost of rehabilitation from a professional restoration contractor.

(h)

Final recommendation on demolition by the Planning Commission. Prior to or at the end of the expiration of the ninety- or sixty-day review period, the Planning Commission may recommend approval of the demolition permit or, where the Planning Commission does not believe that the applicant has proven hardship, may recommend denial of the application. In such cases, the Planning Commission shall make a written report to the Board of Supervisors setting forth reasons for its recommendation and the evidence considered.

(i)

Final decision on demolition by the Board of Supervisors. The Board of Supervisors shall act upon the application for demolition within or at the ninety- or sixty-day review period, whether or not it receives a recommendation from the Planning Commission, and shall vote either to approve the application, to approve the application with changes, or to deny the application. Within 14 days of making its decision, the Board of Supervisors shall provide written communication to the applicant, Planning Commission and the Zoning Officer.

(j)

Any costs incurred by the Planning Commission, as agreed to by the applicant, to review plans or studies submitted by the Planning Commission's consultant specifically retained for this purpose shall be reimbursed to the Township by the applicant.

Enforcement.

Fines and penalties. Any person who demolishes an historic resource in violation of the provisions contained herein shall be subject to the fines and penalties imposed under this chapter in accordance with Article XIII, as well as those fines and penalties imposed under Township Building and Fire Codes.

The Zoning Officer shall withhold issuing a building permit for a property that, at the date of enactment of this article, was occupied by a Class 1 or Class 2 historic resource that was subsequently demolished in violation of this article, until the appropriate review is completed.

In addition to the above remedies, the Board of Supervisors may take other appropriate legal action, which may include equitable and injunctive relief, to enforce the provisions of this article.

Appeals to this process shall be made to the Zoning Hearing Board.

§ 455-45 Historic resource preservation incentives.

Purposes. In addition to the purposes and community development objectives in § 455-2 of this chapter, this section is enacted to protect valuable historic resources from degradation or destruction in order to preserve the cultural heritage of the Township. In accordance with the Pennsylvania Municipalities Planning Code, Act 247, Section 603(b)(5), (c)(7) and (g)(2),[1] this section is established to:

Increase the opportunity for uses in historic structures within the Township to assist in their continued viability.

Promote retention of the character of the Township through recognition and protection of historic and cultural resources.

Establish a clear process by which proposed changes affecting historic resources are reviewed to mitigate the negative effects.

Encourage the continued use of historic resources and to facilitate their appropriate reuse.

Encourage the preservation of historic settings and landscapes.

Discourage the demolition of historic resources.

Implement the goals of the Pennsylvania Constitution within Article I, Section 27, which establishes the state policy of encouraging the preservation of historic and aesthetic resources.

Editor's Note: See 53 P.S. § 10603(b)(5), (c)(7) and (g)(2).

Applicability. The provisions of this section shall apply to all properties containing Class 1 historic resources as identified in § 455-44B(1).

Permitted uses:

Any use permitted in the zoning district in which the property is located.

Where approved by the Board of Supervisors as a conditional use in accordance with Article XIV of this chapter, as well as the specific requirements for conditional use approval set forth in Subsection C(2)(a) to (d) below, additional use opportunities from those permitted in Subsection C(1) above may be permitted on properties containing Class 1 historic resource(s). Such use opportunities may be permitted in place of any existing use being made of the property, as a second principal use and/or an accessory use. It is intended that such uses not otherwise permitted in the underlying zoning district be principally contained within structures designated as Class 1 historic resources. Additional use opportunities shall, when permitted by conditional use, include the following:

Adaptive reuse. The regulations specified in § 455-49 of this chapter shall apply to a Class 1 historic resource if approved as a conditional use, except that multifamily building or development shall not be permitted.

Cultural facility, such as a nonprofit historic, educational, or like organization available to the general public in the form of a museum, historic resource, botanical garden, or like facility.

Combination of uses. More than one principle use, either as permitted in the zoning district that the historic structure is located or permitted by conditional use, may be permitted in a structure if approved by conditional use.

Similar uses. Similar uses, such as those listed above, may be permitted if the applicant for a conditional use proves to the satisfaction of the Board of Supervisors that such use will not jeopardize the integrity of the historic resource and will accomplish the goals stated in this section.

[Amended 6-2-2014 by Ord. No. 422-14]

Area and bulk regulations.

The area and bulk regulations related to the zoning district in which the historic resource is located shall apply, unless modifications are approved by Subsection D(2) below.

The Board of Supervisors, through the granting of a conditional use, may approve requested modifications to the applicable net lot area, lot width, or yard requirements for plans affecting Class 1 historic resources, in accordance with the criteria set forth under Article XIV, Conditional Uses, and provided the criteria in Subsection E below are met.

[Amended 12-15-2014 by Ord. No. 424-14]

General conditional use criteria. The Board of Supervisors, through the granting of a conditional use, may approve additional use opportunities and/or modifications to area and bulk standards for Class 1 historic resources, in accordance with the criteria set forth under Article XIV, Conditional Uses, and provided the following additional criteria are met:

The approval of the conditional use is deemed by the Board of Supervisors to be necessary to the preservation of the historic resource.

Every reasonable effort shall be made to provide a compatible use for a property, which requires minimal alteration of the building, structure or site and its environment, or to use a property for its originally intended purpose.

The distinguishing original qualities or character of a building, structure, or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible.

Deteriorated architectural features shall be repaired rather than replaced wherever possible. In the event replacement is necessary, every attempt should be made to match the original material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than conjectural designs or the availability of different architectural elements from other buildings or structures.

The approval of the conditional use will be deemed by the Board of Supervisors to have no adverse effect on adjoining properties.

In granting conditional use approval, the Board of Supervisors may require as a condition of approval the establishment of a conservation easement or other means to guarantee permanent protection of the historical integrity of the resource.