Township of West Bradford, PA Supplementary Regulations

On any lot, no wall, fence or other structures shall be erected, altered or maintained and no hedge, tree or other growth shall be planted or maintained which may cause danger to traffic on a street by obscuring the view.

On corner lots, no such structure or growth shall be permitted above the height of 2 1/2 feet within an area which is formed by a triangle where the two legs of the triangle extend 75 feet from the center-line intersection of the two intersecting streets.

Projections into required yards. The projection from a building, utilizing such building for support but not being enclosed or part of the living area of such structure, may extend into the required yard not more than 15 feet, provided that no projection shall extend closer than five feet to any lot line. Such projections may include overhanging eaves, gutters, cornices or chimneys.

Height, lot area and coverage exceptions.

Building or structure height limitations within this chapter shall not apply to spires, agricultural uses, belfries, cupolas, domes, monuments, towers, poles, chimneys, antennas, flagpoles and aerials.

Minimum lot size of one acre shall be required for the purpose of servicing any community utility. No structure shall be located nearer than 50 feet to any lot line.

Yard requirements for corner lots. A front yard, as provided for in the area and lot requirements for the various districts, shall be required on each street on which a corner lot abuts.

Structures to have access. Every building hereafter erected or moved shall be on a lot adjacent to a public street or with access to an approved private street. The erection of buildings without approved access shall not be permitted. Approved access shall be defined in terms of § 385-31 of Chapter 385, Subdivision and Land Development, and other applicable sections of said ordinances as may be revised from time to time for street design, or as subsequently provided for by the Township.

[Amended 9-10-2013 by Ord. No. 2013-04]

Erection of more than one principal building on a lot. More than one principal building may be erected on a single lot, provided that all lot and yard requirements, standards and other requirements of this chapter shall be met for each structure as though it were on an individual lot. In each case, the Zoning Officer shall require suitable provision for access as defined in Subsection G of this section in the event of potential subdivision of the tract.

Exception to yard requirements. In any residential district, an underground fuel storage tank that is connected to the heating appliance or other appliances in the residential unit may be placed without regard to setback requirements when the following conditions are met:

The tank shall not be placed in any easement.

The tank shall have a minimum isolation distance to any waterline, sewage line, or other underground utility of at least 10 feet.

The tank shall be installed in compliance with building, plumbing and mechanical codes of the municipality or other regulatory agencies.

The tank shall have an isolation distance of 10 feet from any public right-of- way or any property line.

§ 450-62 Supplementary use, design and performance regulations.

Screening.

[Amended 6-12-2018 by Ord. No. 2018-03]

Applicability. A planted visual barrier, landscaped berm, or other landscape screen shall be provided and maintained in the following circumstances:

Where a proposed nonresidential use abuts an existing residential use or residential district, except where natural or physical man-made barriers exist.

Where any proposed multifamily dwelling or independent senior living community abut properties in residentially zoned districts, except where natural or physical man-made barriers exist.

[Amended 6-9-2020 by Ord. No. 2020-04]

Where any proposed enlargement of any existing nonresidential use abuts an existing residential use or residential district, except where natural or physical man-made barriers exist.

Screen type. Where screening is required as set forth above, the screen types as specified in § 385-70A of Chapter 385, Subdivision and Land Development, shall be utilized.

Storage. All storage shall be completely screened from view from any public right-of-way and any residential district which abuts the district. All organic rubbish or storage shall be contained in airtight, verminproof containers which shall also be screened from view from any public right-of-way or abutting residential district.

Landscaping.

Any part or portion of a site in any district which is not used for building or other structures, loading or parking spaces and aisles, sidewalks and designated storage areas shall be planted with an all-season ground cover. It shall be maintained to provide an attractive appearance, and all nonsurviving plants shall be replaced promptly.

Within any district, no less than 3% of any parking area providing more than five spaces must be landscaped and continually maintained. Planting along the perimeter of a parking area, whether for required screening or general beautification, will be considered as part of the three-percent parking area landscaping. In complying with the three-percent landscaping requirements, the planting beds must be distributed throughout the parking areas as evenly as possible.

Access and traffic control. All accessways from any commercial or industrial development or multiple-family land development, cluster development or resort facility, whether or not such use is within the Township, to any public street or highway located within the Township, shall be located within a zoning district permitting such use and shall be at least 200 feet from the intersection of any street lines and shall be designed in a manner conducive to safe ingress and egress. Where possible, exits shall be located on minor rather than major streets or highways. The developer shall be responsible for the construction of any necessary traffic control devices or additional acceleration lanes required by the Pennsylvania Department of Transportation or the Board of Supervisors in the case of egress onto major thoroughfares.

Interior drives and parking facilities.

Interior drives within any commercial or industrial land development or multiple-family land development or cluster development shall be designed so as to prevent blockage of vehicles entering or leaving the site.

Areas provided for loading and unloading of delivery trucks and other vehicles and for the servicing of shops by refuse collection, fuel and other service vehicles shall be adequate in size and shall be so arranged that they may be used without blockage or interference with the use of accessways or automobile parking facilities.

Interior drives shall be clearly marked by adequate painting or marking (curbing and signs), so that operation of vehicles intending to patronize such parking areas shall not duly impede traffic as a result of any confusion as to location of entrances and exits and manner of reaching them.

Lighting. While in use, the parking and loading and ingress and egress area of any commercial or industrial zoning district shall be provided with lighting in accordance with the following:

Plan requirements.

Lighting plan. The location and type of all proposed exterior lighting fixtures for parking areas shall be indicated on the lighting plan, along with the expected hours of operation. On all pedestrian and vehicular use areas indicated on the lighting plan, an isolux diagram shall be drawn to sufficiently indicate the illumination levels furnished by each luminaire and the pattern of coverage on these areas. Reproduction of the cuts shall be transferred to the lighting plan for each type and configuration of proposed exterior lighting. ("Cuts" are manufacturers' catalog sheets, including photographs or pictures, showing the design of the fixture and the performance data for the luminaire. The "cuts" also show lighting fixture supports, poles and the light standards which are proposed, with applicable notes.)

[Amended 9-10-2013 by Ord. No. 2013-04]

Landscape plan. The location and type of all proposed exterior lighting fixtures shall be indicated on the landscape plan to ensure that there is no conflict between the location of light standards and the location of trees, and that trees will not adversely affect lighting patterns. Lighting fixture locations shall be indicated on the plan by symbol.

Design standards.

Lighting for safety purposes to illuminate parking and/or pedestrian areas shall conform to the following:

Lighting shall be designed so that the illumination does not appear beyond the property line on which the lighting originates at levels above 0.2 footcandle.

Parking areas shall be lighted using support poles or lighting standards. The fixtures shall be located within or adjacent to parking areas, in raised traffic islands, parking bay separators, or adjacent landscape areas. Parking areas shall not be lighted by means of floodlighting attached to buildings. Poles or standards shall be located so as not to be damaged by automobiles being parked (front overhang: minimum 39 inches; rear overhang: minimum 60 inches).

The maximum height of outdoor lighting standards and fixtures shall not exceed 20 feet in height, measured from the ground level to the top of the fixture.

All light fixtures shall be of the shielded type and provided with deflector light-cutoff shields.

Site lighting shall not be lighted by means of floodlights attached to buildings, except for single-family dwelling units.

Applicability. The submission requirements under this section shall be part of the submission of any subdivision and land development applications, where applicable. Any application for subdivision or land development which includes the installation of outdoor lighting shall not be considered complete unless accompanied by the appropriate submittals as outlined in this section.

Commercial use performance regulations.

No use shall emit any odor perceptible at the lot boundaries.

No glare shall be allowed which is perceptible at the lot boundaries.

Noise emanating from a use shall not exceed the level of ordinary conversation at the lot boundaries. Short, intermittent noise peaks may be permitted if they do not exceed normal traffic noise peaks at any point on the lot boundaries. The standards as specified in Subsection H(2)(d) shall serve as the maximum permitted sound levels. The term "residential districts" shall also mean "any residential use."

Establishments furnishing carts or mobile baskets shall provide definite areas on the site for the storage of said carts and shall be clearly marked and designated for such storage.

No highly flammable or explosive liquids, solids or gases shall be stored in bulk above ground, except 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.

No materials or wastes shall be deposited upon a lot in such form or manner that they may be transferred off the lot or into the underground aquifers by natural causes or forces, nor shall any substance which can contaminate a stream, watercourse or aquifer or otherwise render such stream, watercourse or aquifer undesirable as a source of water supply or recreation or which will destroy aquatic life be allowed to enter any stream, watercourse or aquifer.

All material 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 which are adequate to eliminate such hazards.

In areas of historic significance, it must be demonstrated that the materials, design and use will not detract from the character of the historic building or ground and that all materials, design and use will be in furtherance of the character, integrity, aesthetics of the historical nature throughout areas of historical significance. For the purpose of this section, all of the TND Zoning District and TND-2 Zoning District shall be considered to have historic significance.[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Industrial use performance regulations.

Manufacturing activities shall be carried on in completely enclosed buildings.

Uses shall be such that they:

Emit no obnoxious, toxic or corrosive fumes or gases.

Smoke. No smoke shall be emitted from any chimney or other source of visible gray greater than No. 1 of the Ringelmann Smoke Chart, as published by the United States Bureau of Mines, except that smoke of a shade not darker than No. 2 on the Ringelmann Chart may be emitted for not more than four minutes in any thirty-minute period. These provisions, applicable to visible gray smoke, shall also apply to visible smoke of any other color with an equivalent apparent opacity.

Dust and dirt, fumes, vapors and gases.

[a]

The emission of dust, dirt, fly ash, fumes, vapors or gases which can cause any damage to human health, to animals or vegetation or to other forms of property, or which can cause any soiling or staining of persons or property at any point beyond the lot line of the use creating the emission is herewith prohibited.

[b]

No emission of liquid or solid particles from any chimney or otherwise shall exceed 0.3 grains per cubic foot of the covering gas at any point beyond the lot line of the use creating the emission. For measurement of the amount of particles in gases resulting from combustion, standard correction shall be applied to a stack temperature of 500° F. and 50% excess air in stack at full load.

Emit no odors perceptible at the lot boundaries.

Odors. There shall be no emission of odorous gases or other odorous matter in such quantities as to be offensive at any point on or beyond the lot boundary line within which the industrial operation is situated. Any process which may involve the creation or emission of any odors shall be provided with a secondary safeguard system in order that control will be maintained if the primary safeguard system should fail. There is hereby established as a guide in determining such quantities of offensive odors Table III (Odor Thresholds) in Chapter 5, "Air Pollution Abatement Manual," copyright 1951 by Manufacturing Chemists' Association; the numerical average value for all authorities listed may be used.

Produce no heat or glare perceptible at or beyond the lot boundaries of the lot on which the industrial operation is situated.

Noise. The sound pressure level of any operation shall not exceed, at any point on the boundary of the lot, the decibel levels in the designated octave band shown below, except for emergency alarm signals, and subject to the following corrections: subtract five decibels for pulsating or periodic noises and five decibels for noise sources operating less than 20% of any one-hour period.

Sound Levels
Maximum Permitted Sound Level
Octave Band (in Cycles Per Second)	Decibels (decibels = 10 log. P₁ where P₂ = 0.0002)
	On boundary of lot which abuts residential districts	On boundary of lot within industrial districts
0 to 600	50	55
400 to 2,400	38	40
2,400 to 4,800	35	38
Above 4,800	32	38

Glare and heat. No industrial use shall carry on an operation that would produce heat or glare beyond the property line of the lot on which the industrial operation is situated.

Lighting of buildings, areas and parking facilities must be done in a manner which produces no glare in public streets or on any other parcel.

Produce no physical vibration perceptible at or beyond the lot boundaries.

Produce no electromagnetic radiation or radioactive emission injurious to human beings, animals or vegetation. Electromagnetic radiation or radioactive emissions shall not be of an intensity that interferes with the use of any other property or the use of any equipment other than that of the creator of such disturbance.

Do not engage in reproduction or storage of any material designed for use as an explosive or in any other way create any other danger to the safety of the surrounding area.

(j)

Discharge any untreated potentially dangerous effluent from plant operations.

(k)

Do not engage in the storage of waste materials on the lot for any period beyond 30 days.

(l)

All principal and accessory uses shall comply with all existing, applicable state and federal laws, rules and regulations dealing with noise, environmental health and pollution standards.

(m)

(n)

All outdoor storage facilities for fuel, raw materials and products and all fuel, raw materials and products stored outdoors shall be enclosed by an approved safety fence and visual screen and shall conform to all yard requirements imposed upon the main buildings of this district.

(o)

(p)

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 which are adequate to eliminate such hazards.

Agricultural use standards. The following restrictions shall apply in all districts in which agriculture is permitted.

No farm building or any other outbuilding shall be constructed closer than 50 feet to any property line.

All grazing or pasture areas shall be fenced.

The construction or operation of a building for the cultivation of mushrooms shall be prohibited within the R-2, R-3 and R-4 Residential Districts.

No slaughter area or manure storage shall be established closer than 100 feet to any property line.

A lot for the raising, maintenance or breeding of livestock or poultry (excluding pets such as dogs, cats, rabbits and the like and excluding horses for the personal recreational use of the occupants of the principal home) shall not be less than five acres, and on such lot no structure used for the housing of livestock or poultry or manure pile shall be located closer than 100 feet to any property line.

The keeping of a horse or horses for the personal recreational use of the occupants of a single-family home is a recognized accessory use, providing the following requirements are met:

No horse shall be maintained, stabled or pastured as an accessory use to a single-family residence unless a minimum lot size of two acres shall be provided.

Additional horses may be stabled, maintained and/or pastured, providing that they are for the personal recreational use of the occupants of said home, and providing that additional acreage of one acre for each and every horse over and above one shall be provided.

A lot used for said purpose shall not have a manure pile located closer than 100 feet to any property line.

Agricultural day camp standards. An agricultural day camp, as defined in § 450-8, shall be a permitted agricultural accessory use in all zoning districts that permit agricultural uses. The following regulations shall apply to agricultural day camps:

[Added 8-8-2023 by Ord. No. 2023-03]

No overnight camping shall be permitted.

A maximum of 40 campers shall be allowed at any one time on-site.

No accessory structures shall be constructed other than those that are typical for agricultural use.

The applicant shall demonstrate to the Zoning Officer that there is a sufficient area off of the street on the property to handle the estimated number of vehicles that will require parking for the camp. Any parking associated with the camp shall be located at least 100 feet from adjacent properties.

No outside public address systems or other amplifying systems shall be permitted to be used as part of the camp.

The applicant shall provide to the Township a copy of all outside agency approvals needed to operate the camp, including, but not limited to, permits from the Chester County Health Department.

Sale of farm products. Where the display and sale of farm products are permitted, it shall be provided that:

Except as otherwise permitted in the C-2 zoning district, at least 50% of such products shall have been produced on the property on which they are offered for sale or on property contiguous to the property on which they are offered for sale.

Sale of farm products shall be conducted from a portable stand, dismantled at the end of the growing season, or from a permanent building. The sale of farm products shall be subject to the following conditions:

Such building shall be located at least 50 feet from the right-of-way line of the road.

Parking space shall be provided behind the highway right-of-way line at a ratio of one space for each 200 square feet of building floor area or a minimum of three spaces.

A highway occupancy permit is obtained.

Maximum number of signs shall be two. Signs shall conform to the requirements of § 450-69.

Burning of debris and trash is prohibited.

Lighting of building, area and parking facilities must be done in a manner which produces no glare in public streets or on any other parcel.

The following portions of § 450-68, Off-street parking regulations, shall not apply when a portable stand is used for the sale of farm products: § 450-68A(2), (3) and (4).

The parking surface shall be maintained by the application of wetting and/or dust control compounds so as to minimize dust from the parking lot. If there is a failure to maintain the lot with appropriate dust control, then the lot shall be paved in accordance with § 450-68A(2).

Community utilities. The location of any structure, building or other installation for the purpose of servicing any community utility may be located within any zoning district, subject to the following regulations:

A plan shall be filed with the Zoning Officer indicating the location of all existing and proposed structures, buildings or other installations.

No building, structure or other installation shall be nearer than 50 feet to any property line unless the specific nature of the utility warrants its placement elsewhere.

Any building, structure or other installation shall be subject to the requirements of Subsections A, B, C, D, E, F and H, as herein provided.

Home occupation.

No multiple-family- or single-family-attached dwelling may contain a home occupation.

The practice of an occupation shall be permitted, provided that the principal person so employed is a resident of the dwelling unit.

Such occupations shall be incidental or secondary to the use of the property as a residence and are limited to those occupations customarily conducted within a dwelling unit.

No more than two persons not residing in such dwelling unit shall be employed full time by the practitioner of the occupation.

The area used for the practice of a home occupation shall occupy no more than 25% of the total floor area of the dwelling unit or 500 square feet, whichever is less.

No manufacturing, repairing or other mechanical work shall be performed in any open area. Such activity shall be conducted in such a way that no noise, odor, vibration, electromagnetic interference, or smoke shall be noticeable at or beyond the property line.

No storage of materials or products shall be permitted in open areas.

The exterior appearance of the structure or premises is constructed and maintained as a residential dwelling.

No goods shall be publicly displayed on the premises other than signs as provided herein.

No retail sales shall be permitted on the premises.

Provide off-street parking for all employees.

(12)

The practice of the following professions: doctor, dentist, artist, architect, lawyer, engineer or accountant may be considered a home occupation and an office established when the following standards are met:

The use is conducted within the principal dwelling or an accessory building located no further than 100 feet from the principal dwelling. The accessory use shall not be located any closer than 100 feet to any property line.

A planted visual barrier of landscape screen shall be provided and maintained between the area of the accessory use and any parking adjacent to other residential use and the nearest other residential use. The screening shall be as provided in Subsection A, Screening, of this section.

The property has a minimum lot size of five acres.

The use does not exceed 500 square feet of floor area or 25% of the total floor area of the principal dwelling, whichever is less, plus an additional 50 square feet of floor area per each additional acre in the property over the first five acres. In no case shall the use exceed 1,000 square feet of floor space.

The principal person practicing the profession must be a resident of the principal dwelling, with no more than two additional employees working on the premises at any given time.

There shall be no laboratory facility on the premises other than normal for such general professional practice.

Sufficient parking, additional to the residential use requirement, must be provided on the property, to include one parking space for each employee [as allowed in Subsection L(12)(e) above] and one for each 100 square feet of floor space occupied by the home occupation.

(13)

The use of a home in any district where home occupations are permitted may include a family care home as a home occupation without limitation to the area of the home being used for said home occupation.

(14)

The use of a home in any district where home occupations are permitted may include a day-care home when the following conditions are met:

The property has a minimum lot size of one acre.

Sufficient off-street parking in addition to the residential use requirements must be provided on the premises to include one off-street parking space for each employee and two standing areas (each one equal to a parking space) that are off the public road cartway.

The limitation to the area of the home being used for a home occupation shall not apply to this accessory use.

Any outside play area shall be fenced, which fencing shall be placed in accordance with any required yard setback for principal buildings as stipulated in the district wherein the home occupation is located.

No-impact home-based business. The accessory business or commercial activity, as defined in § 450-44, shall satisfy the following requirements:

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

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

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

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

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

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

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

The business shall not involve any illegal activity.

Bed-and-breakfast inn standards. The following regulations shall apply to bed-and-breakfast inns:

Such use may be a principal permitted use in areas of historical significance (all of the TND Zoning District and TND-2 Zoning District shall be considered to have historic significance) and may be an accessory use in an R-1 District or an R-4 District, when the R-4 District is in a certified historic district.[2]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Such use shall be limited to five guest rooms.

The minimum lot size shall be in accordance with § 450-11C for the R-1 District and § 450-17C for the R-4 District.

There shall be no more than two nonresident employees in addition to the resident family members that operate the bed-and-breakfast inn.

There shall be no separate kitchen or cooking facilities in any guest room. Food shall be served to guests only on the premises and shall be limited to breakfast and afternoon tea only.

Application for the use shall be accompanied by a valid Chester County Health Department permit indicating that the existing sewage system or proposed systems can accommodate the maximum usage proposed by the bed-and-breakfast inn. If the proposed use is to be served by a public sewerage system, the applicant shall submit documentation from the servicing authority that the proposed use will be adequately served.

A bed-and-breakfast inn shall be limited to one sign, which shall not exceed three square feet in area. The design of the sign shall utilize natural materials, with direct low-level incandescent illumination, if any is desired, the design of which shall be submitted with the application. Temporary signs are prohibited.

One off-street parking space per bedroom used by guests and one space for each nonresident employee shall be provided on the premises, in addition to other off-street parking spaces required by this chapter.

When the water supply system is on site, certification of water potability within accepted non-community-water-supply standards must accompany every application for a bed-and-breakfast inn. Off-site water supply systems require a certification of water potability within accepted community-water-supply standards.

A permit issued for a bed-and-breakfast inn shall have a life of one year. The permit must be renewed annually. The Zoning Officer shall inspect the facility, including the on-lot sewage disposal and the water systems, and shall determine its compliance with the provisions of this chapter. The fee for said permit shall be as set by resolution by the Board of Supervisors. A valid Chester County Health Department permit for eating and drinking establishments is required prior to issuance of the initial and subsequent bed-and-breakfast inn permits.[3]

Editor's Note: Original subsection 802.14, Open space residential design option standards, which immediately followed this subsection, has been repealed.

Conservation of historic resources. The purposes of this section are to preserve historic resources and to encourage and provide for uses of those resources when using a development design option such as the unified development area (UDA Master Plan) or when permitted by specific listing in a zoning district.[4]

Preservation of historical resources. Historic structures and other historical resources, including historic ruins or sites, historic roads or other transport traces, paths and trails, and any other historic landscape features, shall be preserved to the greatest degree practicable through incorporation into development plans and design.

Additional dwelling units in historic structures. In addition to the maximum permissible number of lots or dwelling units otherwise permitted on any tract, the applicant may provide dwelling units and lots therefor through the renovation or adaptive reuse of historic structures, subject to conditional use approval and further subject to compliance with the standards as listed in Subsection O(3) below. Except where physically infeasible due to existing locational and/or structural attributes, all such dwelling units must comply with applicable lot and yard area requirements.

Standards for development of additional dwelling units in historic structures. An applicant shall comply with the following standards where renovation or reuse of any historic structure is proposed in order to develop dwelling units in addition to the maximum otherwise permissible:

Construction plans for the rehabilitation, alteration or enlargement of any such historic structure shall be in substantial compliance with the Secretary of the Interior's currently adopted Standards for Rehabilitation, as revised.

Authentic period materials and colors shall be utilized on any portion of any historic structure or enlargement thereof visible from any existing or proposed public right-of-way. Appropriate replication may be substituted.

Applicant shall demonstrate preservation of sufficient landscaped or buffer area surrounding historic structures to retain the integrity of the historical landscape setting. Applicant may demonstrate mitigation of impacts to historical landscape setting through introduction of vegetation or other screening in harmony with such landscape setting and through retention of view lines which visually link historic structures to their landscape setting.

Facilities and equipment for heating/air conditioning, trash collection and compaction, and other structural elements not in keeping with historical architectural themes shall be concealed architecturally or otherwise screened from view.

Applicant shall guarantee permanent adherence to these standards through establishment of appropriate restrictions and/or conservation easement(s) acceptable to the Township; upon request, easement(s) established for this purpose shall be conveyed to West Bradford Township or to a bona fide conservation organization or agency or other entity acceptable to the Board of Supervisors.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

The construction, extension, replacement and/or repair of various public and other improvements, including but not limited sanitary sewer facilities, water facilities, storm sewer facilities, roadway and parking facilities, park and landscape facilities, and curb and sidewalk facilities, shall be provided in accordance to the West Bradford Township Design Manual.[5] In the event of a conflict between the language of this chapter and the language in the Design Manual, the most restrictive language shall prevail.

[Added 8-9-2011 by Ord. No. 2011-05]

Editor's Note: The Township Design Manual is on file in the Township's offices.

All discharges into any stormwater drain or conveyance must comply with Chapter 373 of this Code, including but not limited to regulations as to permitted and prohibited discharges, connections and alterations, as noted therein.

[Added 12-10-2013 by Ord. No. 2013-05]

§ 450-63 Special exception regulations.

The following regulations specify conditions under which special exceptions shall be granted upon application to the Zoning Hearing Board. These conditions shall apply in addition to regular district regulations and all appropriate provisions of § 450-82C.

Nonresidential conversion. The conversion of a residential dwelling in any district into a permitted nonresidential use is permitted, subject to the following regulations:

The proposed use shall comply with the yard, area, off-street parking, and other requirements of the applicable district.

No existing yards or required open space shall be reduced to less than the requirements of the applicable district governing a permitted use.

No living accommodation or sleeping quarters shall be authorized except such accessory use as is permitted in the applicable district.

The off-street parking and sign regulations of this chapter shall apply.

All other supplemental regulations of this chapter applicable to the proposed use shall apply.

Educational, religious and day-care center uses.

The Board may require that all parking facilities of more than five spaces which adjoin or are within 25 feet of a residential use be provided with a suitable screen of not less than five feet in height.

The Board may require that, where school sites and day-care centers abut residential lots, the provisions of § 450-62A, Screening, shall apply.

Day-care centers. Day-care centers shall comply with the following standards and criteria:

[Added 6-8-2021 by Ord. No. 2021-05]

The day-care center shall hold all required approvals and licenses from the Commonwealth of Pennsylvania or county agencies as a condition of conditional use approval and continuation of operation. No facility shall be used as and for the purpose of day care except in compliance with the terms of and during the effective period of a certificate of compliance duly issued by the Commonwealth of Pennsylvania, Department of Human Services, or successor agency, and shall be operated at all times in compliance with the governing laws, regulations, and standards of the Commonwealth of Pennsylvania.

The day-care center shall provide parking in accordance with § 450-68C(3). In addition, an off-street pickup and dropoff area of such width and length sufficient to accommodate a number of cars which is not less than 2% of the total maximum enrollment at the day-care center, which area shall be designated and maintained for the pickup and dropoff of children. The designated pickup and dropoff area shall be marked by signs and physically separated from any parking area, loading area, driveway, fire lane and all points for vehicular access providing ingress and egress to the facility and designed to prevent interference with traffic flow such that pedestrians do not cross vehicular traffic lanes in any parking area or driveway.

The proposed means of vehicular access to the facility and internal circulation shall be reviewed by the Township Engineer, who shall make a recommendation to the Board of Supervisors regarding safety, adequacy of ingress and egress, and internal circulation. The applicant shall implement the recommendations of the Township Engineer as approved by the Board of Supervisors.

The outdoor play area shall be surrounded by a safety fence having a minimum height of four feet and may not include any driveways, parking areas or land unsuited for active recreation due to slope or wet soil conditions.

Outdoor play areas adjacent to a residential use or district shall be set back a minimum of 50 feet from any property lines and shall be screened with an S-3 buffer in accordance with § 385-70A(7)(c). Outside play areas adjacent to nonresidential uses or districts shall be set back a minimum of 25 feet from any property line and shall be screened with an S-2 buffer in accordance with § 385-70A(7)(b).

Sewage facilities shall be provided in accordance with the requirements of the Pennsylvania Department of Environmental Protection and the Chester County Health Department. The Township reserves the right to require connection to the public sewer system, where available.

The setback regulations set forth in § 450-57D of the Code shall apply to a day-care center use in the I-Industrial District.

§ 450-64 Conditional use regulations.

General provisions. Where conditional uses are provided for in this chapter, the Board of Supervisors shall hear and decide requests for such conditional use in accordance with stated standards and criteria. In granting a conditional use, the Board of Supervisors may attach such reasonable conditions and safeguards, in addition to those expressed in the chapter, as it may deem necessary to implement the purpose of this act and this chapter. All requests for conditional use will first be sent by the Board of Supervisors to the Planning Commission for review and recommendation in accordance with the Comprehensive Plan. In rendering its decision, the Board of Supervisors shall determine that the applicant has demonstrated the following. The applicant shall have the burden of proving that the following criteria and conditions are satisfied.

The property is suitable for the use desired. The proposed request is consistent with the spirit, purpose and intent of this chapter.

The proposed conditional use will not substantially injure or detract from the use of neighboring property or from the character of the neighborhood and that the use of property adjacent to the area included in the proposed change or plan is adequately safeguarded.

The proposed conditional use will serve the best interests of the Township, the convenience of the community, and the public welfare.

There will be no adverse effect of the proposed conditional use upon the logical, efficient and economical extension of public services and facilities, such as public water, sewers, police and fire protection, and public schools.

The Board of Supervisors may impose such conditions, in addition to those required, as are necessary to assure that the intent of this chapter is complied with, which conditions may include, but are not limited to, harmonious design of buildings, planting and its maintenance as a sight or sound screen, the minimizing of noxious, offensive or hazardous elements, adequate standards of parking and sanitation.

Any unique circumstances for which the conditional use is sought were neither created by the owner of the property nor were due to or the result of general conditions in the zoning district in which the property is located.

The proposed location of an industrial or commercial use is suitable with respect to probable effects upon highway traffic, assure adequate access arrangements in order to protect major streets and highways from undue congestion and hazard, and the proposed use will not increase the flow of traffic on adjoining roads below level of service C as defined by the Pennsylvania Department of Transportation.

[Amended 9-10-2013 by Ord. No. 2013-04]

The adequacy of sanitation and public safety provisions, where applicable, and provide a certificate of adequacy of sewage and water facilities from a governmental health agency in such case required or deemed advisable.

Planned shopping center. A planned neighborhood shopping center shall be permitted as a conditional use within the C-1 Commercial District, subject to the following regulations:

Minimum lot area: three acres.

Minimum gross floor area: 30,000 square feet.

Minimum number of stores: six.

Minimum lot width at street line: 150 feet.

Minimum lot width at setback line: 200 feet.

Maximum impervious surface area: 65%.

Minimum landscape area: 10%.

The setback and building height requirements of the C-1 Commercial District shall apply.

The off-street parking and loading and sign regulations of this chapter shall apply.

Sections 450-61 and 450-62A, B, C, D, E, F and G shall apply.

The Board of Supervisors may require that a traffic study be submitted by the application where doubt exists concerning the adequacy of the existing and/or proposed road systems to accommodate increased traffic from the shopping center development. Such study shall be prepared in sufficient detail to determine peak traffic volumes and road capacity and provide solutions to traffic congestion.

Junkyards.

No junk material, appurtenant structures, or other enclosure shall be stored or placed within 50 feet of any adjoining property or public right-of-way, and such setback area shall be kept free of weeds and scrub growth unless the adjoining property is wooded.

The regulations for screening (§ 450-62A) shall apply to all abutting residential districts, recreational uses, and public rights-of-way.

All junk shall be stored or arranged so as to permit access by fire-fighting equipment and to prevent the accumulation of water and with no junk piled to a height greater than eight feet.

No oil, grease, tires, gasoline or other similar material shall be burned at any time, and all other burning shall be attended and controlled at all times.

Any junkyard shall be maintained in such a manner as to cause no public or private nuisance, nor to cause any offensive or noxious sounds or odors, nor to cause the breeding or harboring of rats, flies or other vectors.

No junkyard shall be located on land with a slope in excess of 5%.

All junkyards shall comply with Chapter 234, Junkyards, and as may be amended from time to time.

[1]Day-care centers. Day-care centers shall comply with the following standards and criteria:

[Added 6-8-2021 by Ord. No. 2021-05]

The setback regulations set forth in § 450-57D of the Code shall apply to a day-care center use in the I-Industrial District.

Editor's Note: Former § 450-64D, Steep slopes, was repealed 6-12-2018 by Ord. No. 2018-03.

Sanitary landfills.

Applications. The following information shall be submitted by an applicant for conditional use approval for a sanitary landfill and shall be evaluated by the Board. An applicant receiving conditional use approval pursuant to this section shall not be required to resubmit this information in applying for a zoning permit pursuant to § 450-74B.

Maps of the proposed sanitary landfill site, prepared by a registered engineer to a scale of one inch equals 50 feet, showing the following:

Topography;

Geological formations;

Soil classifications;

Proximity of site to surface water and use of such surface water;

Groundwater study, including location of all aquifers and aquifer recharge zones;

[6]

Wetlands;

[7]

Floodplains;

[8]

Areas of prime agricultural land;

[9]

Wildlife habitat areas;

[10]

Woodlands and other significant vegetation;

[11]

Existing uses of the property;

[12]

The names of adjacent owners and the land uses of their property;

[13]

Any existing and/or proposed natural or artificial buffers;

[14]

Nearby historic sites;

[15]

Nearby schools, hospitals and other congested areas;

[16]

Location of the site relative to public roads; and

[17]

Any proposed fencing or other improvements.

A written description of the proposed operations as per § 450-74B(4), unless otherwise covered in Subsection E(1)(h) through (n) below.

Engineering and, if any, architectural plans as per § 450-74B(6), unless otherwise covered in Subsection E(1)(h) through (n) below.

Any other information required by § 450-74B, at the request of the Board.

Written description as to the operating experience, financial status, instances of landfill permit violations, and other pertinent data concerning the applicant and, if different, the owner(s) and proposed manager; relationships among applicant, owner and proposed manager.

Anticipated types and places or origin of solid waste to be eligible for disposal.

Statement indicating expected useful life of the site as a sanitary landfill, anticipated condition of the site upon completion of operation, and plans for the restoration of the site upon termination of the landfill operation.

A copy of the application to the Department of Environmental Protection for a solid waste management permit, including Module 9, when submitted under DEP's Environmental Assessment Process.

In the event the amount of earth to be disturbed (including access roads, buffers and screens) shall exceed 25 acres, a copy of:

An application to the DEP for an erosion and sedimentation control permit; and

An erosion and sedimentation control plan.

(j)

Evidence, which may take the form of a certification by the Chester County Board of Commissioners, that the application for a solid waste management permit and the conditional use are consistent with the Chester County Solid Waste Management Plan.

(k)

Proposals for leachate collection, treatment and disposal, and for gas migration control.

(l)

Proposed sources of cover material sufficient for the project.

(m)

Adequate provisions for public services, including water, sewer, police and fire.

(n)

A traffic study prepared by a traffic engineer selected by the Township, showing:

The existing and projected traffic in the area of the proposed sanitary landfill; and

The projected traffic patterns after its completion and full operation, including proposed access routes, roads and bridges (indicating their capacity), traffic plan, and types, sizes and capacities of disposal vehicles.

(o)

Proposed hours of operation. Provided that, to the extent any such information is already contained in the applicant's application for a solid waste management permit, such information may be incorporated by reference in the application for conditional use; and provided, further, that the application for conditional use shall contain any such other information as may be requested by the Board in order to assist the Board in determining whether or not such application shall be granted.

Standards. The following standards and criteria shall be used by the Board as a guide in evaluating any application for a sanitary landfill as a conditional use.

The sanitary landfill shall:

Contain a leachate collection, treatment and disposal system to protect the surface water and groundwater;

Be adequately screened off by buffer zones from adjacent properties; and

Be properly fenced to prevent access at other than designated patrolled locations and so as to further prevent the dissemination of papers and other trash outside the site and any other nuisance on adjoining properties.

Said landfill shall be located so that safe and adequate access is available over public roads at all times. The Board may require that any road providing access to the proposed landfill be a minimum cartway of 24 feet in width and paved with surface and base course of sufficient depth to withstand traffic loads determined by the number and weight of trucks anticipated in the daily operation of the proposed landfill. The Board may further require that the cost of improvement of roads to provide this standard of access be assessed against the applicant, either by requiring contribution of monies sufficient to pay for the improvement of the road or by assessing dumping fees on the operation of said landfill sufficient to pay for the improvement and maintenance of access roads.

All trucks entering and leaving the landfill shall be covered and roads used for access to the landfill shall be patrolled daily by an agent of the landfill operator to pick up and dispose of scattered and blowing papers or other refuse.

Final grading of the land shall be done in a manner so that the land is left in a useful condition. A bond in the amount of 10% of the construction costs shall be posted to assure the Township that the property is left in such condition.

The permissible hours of landfill operation, including support operations beyond the acceptance of trash, shall be between 6:00 a.m. and 6:00 p.m. No operations shall take place on Sundays.

Conditions of operation.

Prior to the commencement of any activity to prepare or operate a site given conditional use approval as a sanitary landfill, the applicant and operator shall agree to conduct all such activities in strict accordance with the standards in Subsection E(2) above and with any other reasonable conditions that may be imposed by the Board at the time of conditional use approval. Such acknowledgement shall be in the form of a development agreement(s) with the Township executed at the time of conditional use approval and recorded with the property deed at the Chester County office of the Recorder of Deeds.

Operation of a sanitary landfill as an approved conditional use shall be contingent upon the applicant securing and conforming to the terms of a solid waste management permit from the Pennsylvania Department of Environmental Protection (DEP) and any other applicable statutes or regulations. A copy of the DEP-approved application and permit shall be filed with the Township prior to commencing any site preparation activity.

No hazardous waste shall be deposited in any such sanitary landfill.

Future use. Any subsequent use of the landfill site shall be only those permitted by the zoning district in which it is located, provided that the applicant demonstrates to the Board that the site has been or can be stabilized and otherwise made suitable and safe for the use proposed.

Violations and penalties. In addition to the fines and penalties generally prescribed for violations of this chapter in § 450-73D and E, the conditional use approval of a sanitary landfill shall be subject to suspension or termination in the event that:

Such landfill is operated in a manner other than that permitted by the conditional use approval.

The operator should ever be enjoined from operating the sanitary landfill.

The solid waste management permit for the landfill operation is suspended or revoked.

(Reserved)[2]

Editor's Note: Former Subsection F, Communication towers, added 5-14-2013 by Ord. No. 2013-02, was repealed 8-11-2015 by Ord. No. 2015-01. See now Article XV.

Billboards.

[Added 12-10-2013 by Ord. No. 2013-07; amended 4-13-2021 by Ord. No. 2021-04]

Statement of intent. It is the intent of this section to ensure that billboards are located safely and appropriately within view of the traveling public with the least distraction and degradation in driving safety; and are compatible with the historic, natural, residential and rural character of West Bradford Township in terms of size, location, visual prominence from areas other than the adjacent roadway, and materials and finishes used in construction.

One billboard shall be permitted on each property that a) possesses frontage to State Route 322, and b) is situated on the east side of State Route 322, subject to all other conditions noted herein. The east side of State Route 322 shall be defined as including all properties situated between State Route 322 and the Brandywine Creek. Billboards shall be a use permitted by conditional use approval of the Board of Supervisors.

All billboards shall be required to comply with the following provisions:

Lot area; setbacks; location.

Each face of a billboard shall be oriented toward State Route 322. The billboard shall be designed to have the least practical adverse visual effect on any residential areas that can view the billboard.

The minimum lot area of the property on which a billboard is located shall be one acre.

No portion of a billboard shall be located closer than 20 feet to the ultimate right-of-way line of State Route 322 or to a side property line or rear property line; nor shall any portion of a billboard be located farther away than 60 feet from the ultimate right-of-way line of State Route 322.

Billboards shall not be located closer than 1,000 linear feet on the same side of the roadway or 500 linear feet on the opposite side of the roadway from another billboard as measured along the right-of-way line.

No portion of a billboard shall be located within 200 feet of an intersection that possesses a traffic signal, as measured from the center line of the intersection.

[6]

No portion of a billboard shall be located within the safe clear sight distance or safe stopping distance of an intersection, which distance shall be determined in accordance with applicable Pennsylvania Department of Transportation standards. No portion of a billboard shall interfere with or obstruct vehicle traffic, travel or ingress and egress to a public street. All billboards shall be located, constructed and maintained in accordance with all applicable Pennsylvania Department of Transportation regulations.

[7]

No portion of a billboard shall be located closer than 500 feet from any dwelling unit.

[8]

A billboard shall not be located on a property listed on an historic register or eligible for listing on an historic register.

Sign area; height; face; display.

The maximum sign face size of a billboard shall be 300 square feet, inclusive of any border and trim, but excluding the base or apron, supports and other structural members. Extensions, projections and/or add-ons beyond the rectangular perimeter face of the sign are prohibited.

Billboards shall not exceed a maximum overall height of 25 feet above the center line of the adjacent roadway.

Billboards may have not more than two sign faces of equal size, rectangular shape and dimension.

Structural standards; utilities; lighting; landscaping.

Billboards shall be freestanding and self-supporting. No part or portion of a billboard shall be attached or connected to any other building or structure.

Wood and beam frame structures are prohibited. All billboard structures shall be constructed of steel.

There shall be no objects or other structures attached to a billboard or its structure except as may be necessary for the proper and safe operation and maintenance of the billboard.

The construction and operation of a billboard and appurtenances shall meet all applicable performance standards, ordinances and regulations.

All utilities serving the billboard shall be located below ground.

[6]

Billboards may be internally lit or externally lit. If lighting is proposed, a lighting plan must accompany the conditional use application. No more than 1/10 footcandle (0.1 footcandle) of light, above adjacent ambient light levels, shall be detectable along the boundary of any adjacent property possessing a residential use or zoned for residential use, and no more than 1/2 footcandle (0.5 footcandle) of light, above adjacent ambient light levels, shall be detectable at all other property boundaries. The illumination of billboards shall, at a minimum, follow the standards of the Illuminating Engineering Society of North America (IESNA) and shall be subject to review and approval by the Township.

[7]

Billboards shall be screened by a landscape buffer when the billboard is located in a residential district, abutting a residential use or located on a property that possesses a residential use. The landscape buffer shall consist of a row of evergreen trees, at a minimum of 15 feet in height at the time of planting, that forms a continuous visual buffer along or near the property line. All landscape materials that are required to be installed shall be guaranteed for a period not less than 18 months, and the applicant shall replace any diseased or dead materials before the expiration of the guarantee period, as directed by the Township and at the sole expense of the applicant. All existing site vegetation shall be preserved to the maximum extent possible.

Security; inspections; maintenance; bonding.

Billboards shall be properly and adequately secured to prevent unauthorized access. Billboards, including support structures, shall be properly and regularly maintained and shall at all times be kept in a safe and operational manner.

The applicant shall promptly remove all graffiti and remedy all acts of vandalism. The applicant shall grant to the Township the right, but not the duty, to enter the property to remove graffiti or to remedy vandalism in the event the applicant fails to do so within 10 days of the date of a written request from the Township. If the Township performs such service, the applicant shall be responsible to reimburse the Township the actual cost of the service, plus a 10% administrative fee.

At least annually, the billboard and its appurtenances shall be inspected both visually and with appropriate nondestructive testing techniques. Test results and certification of structural integrity by a registered professional engineer shall be provided to the Township. Any structural faults thus noted will be immediately corrected by the owner. Failure to provide proof of certified inspection will result in notification to the owner to cease operation and dismantle the billboard.

The applicant shall provide financial security, in a form acceptable to the Township, sufficient to secure to the Township the removal of any billboard upon which no advertising is located or otherwise ceases to be used for a period of 12 consecutive months.

The applicant shall provide, in a form acceptable to the Township, proof that the record owner and the licensee or other person in control of the signage consents to the removal of the billboard for the reasons as set forth in this section, which consent shall be in such a form, agreeable to the Township, so as to be recorded in the Office of the Recorder of Deeds for Chester County.

Other requirements; miscellaneous provisions.

All billboards shall be stationary.

Audio speakers and/or any form of pyrotechnics are prohibited.

Billboards shall comply with all provisions of the Code of West Bradford Township, Chapter 450, Article XII, § 450-69, Sign regulations. If any such provision is inconsistent with the terms of this section, the terms of this section shall apply.

The conditional use application shall comply with all applicable provisions of the Code of West Bradford Township.

Zoning and building permits shall be required to construct a billboard.

Digital billboards. All digital billboards shall be required to comply with the following provisions:

Digital billboards shall utilize digital technology to produce static images which may be changeable via a central processing unit. Digital billboards shall not scroll, flash, scintillate, oscillate, blink or otherwise give the appearance of movement or other variation in display.

Changes in the signage display shall not occur more frequently than once every 20 seconds. Changes in the signage display shall include the entire display such that different portions of the display are not changing at different times. Changes shall be accomplished in not more than one second.

An automatic light output adjustment for the billboard shall be provided to minimize light output to appropriate levels for the existing ambient light conditions. The applicant shall demonstrate that the intensity of the display shall not create or constitute a nuisance or safety hazard. However, no more than 1/10 footcandle (0.1 footcandle) of light, above adjacent ambient light levels, from the display shall be detectable along the boundary of any adjacent property possessing a residential use or zoned for residential use, and no more than 1/2 footcandle (0.5 footcandle) of light, above adjacent ambient light levels, from the display shall be detectable at all other property boundaries, including those with adjoining streets or highways.

Digital billboards visible from a residential district or use shall be extinguished automatically every day from 10:00 p.m. to 6:00 a.m. on the following day, by a form of programmable controller, with astronomical and daylight savings time control and automatic outage reset.

All digital billboards must be equipped with a properly functioning default mechanism that will stop the sign and return to a solid black display should a malfunction occur.

Digital billboards shall not create electrical interference with other uses.

The applicant shall be required to coordinate and permit access and use to Township, county, regional, state and national emergency services during emergency situations. Such access and use shall preempt all other uses, at no cost to the Township or to other governmental agencies requesting such use. The emergency use shall be continuous for a period to be determined by the Township. The applicant shall enter into an agreement with the Township, in a form acceptable to the Township, to set forth the procedure whereby access and use are made available by the applicant.

Accessory suite.

[Added 12-10-2019 by Ord. No. 19-07]

Statement of intent. It is the intent of this section to recognize that certain uses such as in-law suites and employee housing are legitimate accessory uses but that they shall be regulated in order to keep them from becoming commercial enterprises or second dwelling units on a property zoned for and used as a single-family detached dwelling.

Requirements. All conditional use applications for accessory suites shall comply with the following provisions:

Attached structure. An accessory suite shall be attached to or contained in the principal single-family detached dwelling.

Street address. There shall be a single street address for the primary dwelling and the accessory suite.

Utilities. The principal dwelling and the accessory suite shall share the same utilities and, to the extent possible, share the same meter, including, without limitation, water, sewer, electric, cable, and the like.

Primary exterior entrance. Access to the accessory suite shall be located within the dwelling unit. If the accessory suite is located in the basement, secondary egress shall be required in accordance with the Pennsylvania Uniform Construction Code, as adopted and amended from time to time by West Bradford Township.

Interior access. Interior access shall be maintained to all parts of the dwelling to ensure that no additional, separate, or independent dwelling units are created.

Sewage facilities. The applicant shall demonstrate the adequacy of the sewage facilities serving the principal dwelling and the accessory suite.

Parking. One off-street parking space shall be provided for the accessory suite, in addition to any parking required by § 450-68. The applicant shall demonstrate compliance with off-street parking requirements.

Limitation. Accessory suites shall be intended and suitable for, and exclusively used by, employees of the owner of the principal dwelling, or relatives by blood, marriage or adoption. In no event shall any property containing an accessory suite be used as, converted to, advertised or conveyed as more than one independent dwelling unit.

Code compliance. Dwellings with accessory suites shall comply with the Pennsylvania Uniform Construction Code, as adopted and amended from time to time by West Bradford Township.

(j)

Certificate of occupancy. Before a certificate of occupancy is issued for the allowance of an accessory suite, the Township shall require a written confirmation of compliance and acknowledgment of the provisions of this section, in a form satisfactory to the Township, that shall be recorded in the Chester County Office of the Recorder of Deeds, with evidence thereof provided to the Township.

(k)

Private restrictions. None of the provisions of this section shall operate to supersede any deed restriction, covenant or agreement restricting the use of land, nor any master deed, bylaw or other document applicable to a common interest ownership community, prohibiting or otherwise limiting such accessory suites.

(l)

Transfer of ownership of the principal dwelling. In the event of transfer of ownership of a principal dwelling for which an accessory suite was granted conditional use approval, West Bradford Township shall be entitled to conduct an inspection of the dwelling and accessory suite in order to verify that the regulations are met for the continuation of the accessory suite use.

§ 450-65 Accessory use regulations.

No accessory building or structure in a residential district shall be erected in any front yard or within 10 feet of any street line, and no separate accessory building or structure shall be erected within five feet of any other building or structure.

No accessory use within a commercial or residential district shall be located nearer than 35 feet to any street line or within the front yard of any property. No separate accessory building or structure shall be nearer than 10 feet to another building or structure.

Private noncommercial swimming pools which are designed to contain a water depth of 24 inches or more may be located only within a rear yard or side yard and shall be entirely enclosed with a continuous nonclimbable fence not less than five feet from the property line with a self-closing and latching gate of at least four feet in height.

Where a wall of a dwelling unit serves as part of the barrier (fence) and contains a door that provides direct access to the pool, the applicable provisions of the Township's Building Code shall regulate that access.

Pool fencing shall not be located beyond a distance, to be measured from the water's edge, that is two times the greatest distance measured across the surface of the pool.

One commercial vehicle may be stored in a private noncommercial garage where the use of such vehicle is not incidental to the use of the premises. No business, occupation or service shall be conducted therein, nor shall space therein for more than one vehicle be leased to a nonoccupant of the premises.

Accessory retaining, landscaping and ornamental walls may encroach the side, rear and front yard setbacks, subject to the following regulations:

All walls, whether a retaining, landscaping or ornamental wall, shall be at least three feet from any property line or street right-of-way.

Any wall that is over three feet six inches in height, measured from ground level at the base of the wall along the highest face, shall be at least a distance equal to that height from any property line or street right-of-way.

Any ornamental freestanding wall in a front yard shall not exceed four feet in height, measured from the ground level at the base of the wall along the highest face.

Walls shall not be located so as to interfere with sight distance for a driveway, public or private street. An applicant for a zoning permit for a wall as described in this section shall bear the responsibility to provide plans to enable the Zoning Officer to determine compliance with this section.

A qualified professional who shall provide a signed and sealed plan with the specification and design for that installation shall design any wall exceeding four feet in height.

Installation of any wall, as anticipated by this accessory use section, shall conform to any applicable Building Code requirements as adopted by West Bradford Township.

§ 450-66 Nonconforming use regulations.

Nonconforming use regulations.

Continuation. Any lawful nonconforming structure or any lawful nonconforming use of a structure or land legally existing on the effective date of this chapter may be continued, subject to the following provisions of this section.

Extension and additional structures, subject to the limitations set forth in Subsection A(3) of this section.

Any nonconforming use of a portion of a structure may be extended throughout the structure.

Any structure of which a nonconforming use is made may be extended upon the lot occupied by such structure.

Any nonconforming structure may be extended upon the lot occupied by such structure.

Any new structure may be constructed to house a nonconforming use upon a lot.

Limitations on continuation, extension and additional structures:

For the purpose of determining nonconformity of a use, lot or structure, the same shall have been nonconforming:

At the time of enactment of this chapter, or rendered nonconforming by an amendment thereto;

As of the date of application for a building permit;

At the time of final order of the Zoning Hearing Board of West Bradford Township granting or denying any application for special exception or variance or affirming or reversing any action of the Zoning Officer.

For the purpose of determining the extent of nonconformity once nonconformity has been established under all tests set forth in Subsection A(3)(a) above, the following rules shall apply:

Where part of a lot is situated in a district where the use or structure is conforming and part in a district where the use or structure is nonconforming, the portion in the district where the use or structure is nonconforming shall be deemed a separate use or structure for the purpose of determining the extent of permissible extension in that district.

For the purpose of determining the extension of nonconforming structures where the use is in multiple and similar units such as campsites, mobile home sites or substantially similar apartment units in an apartment complex or stores of similar size in a shopping center, limitations on extension of nonconforming structures or uses shall be computed under Subsection A(3)(c) by number of units or by area, whichever results in the smaller permissible extension of the use or structure.

Nothing herein contained shall be construed to permit the extension of an accessory use or convert the same to a primary use under the guise of nonconformity.

A nonconforming use or structure or any structure housing a nonconforming use may be extended or a new structure may be erected to house a nonconforming use upon a lot where such use or structure exists, provided that the area of such use or structure and the number of structures as set forth in Subsection A(3)(a)[1], [2] and [3] shall not be increased by more than 50% of the area and number of such structures actually existing at the time set forth in Subsection A(3)(a)[1] as limited and defined under Subsection A(3)(a)[1] and [2].

Any new structure or extension thereof or additional structures constituting the extension of a nonconforming use shall conform to all area, yard and coverage requirements for the district within which it is located.

In any proceeding, the burden of proving the existence and extent of any alleged nonconforming use shall be upon the owner.

Change. Any lawful nonconforming use of a building or land may not be changed to another nonconforming use of any classification. Whenever the nonconforming use of a building or land has been changed to a conforming use, such conforming use shall not thereafter be changed to a nonconforming use.

Restoration. Any lawful nonconforming building or other structure which has been involuntarily damaged or destroyed by fire, explosion, sandstorm or other similar active cause may be reconstructed in the same location, provided that:

The reconstructed building or structure shall not exceed the height, area or volume of the damaged or destroyed building or structure.

Reconstruction shall begin within one year from the date of damage or destruction and shall be carried on without interruption.

Condemned building. A nonconforming building that has been legally condemned shall not be rebuilt or used except in conformance with the requirements of the district in which it is located.

Abandonment. If a lawful nonconforming use of land or of a building or other structure is abandoned or discontinued for any period, subsequent use of such building or structure or land shall be in conformity with the provisions of this chapter applicable to the district in which it is located.

Nonconforming signs. Any sign, signboard, billboard or advertising device existing at the time of the passage of this chapter that does not conform with the regulations of the district in which it is located shall be considered a nonconforming sign and may be used in its existing location, provided it is maintained in good condition and repair at all times and does not present a traffic hazard. Nonconforming signs once removed may be replaced only with conforming signs; however, legal nonconforming signs may be repainted or repaired or modernized, provided that such repaired or modernized sign does not exceed the dimensions of the existing sign.

Lots nonconforming as to area and width regulations and lots of unusual dimensions.

A building may be erected or altered on any lot held at the effective date of this chapter in single and separate ownership which is not of the required minimum area or width or is of such unusual dimensions that the owner would have difficulty in providing the required open area, provided a special exception is authorized by the Zoning Hearing Board; and provided, further, that the applicant does not own or control other adjoining property sufficient to enable him to comply with the provisions of this chapter as amended. In considering a special exception to permit erection or alteration of a building on a lot nonconforming as to area and width regulations, the Zoning Hearing Board may impose the following requirements:

That the use of the lot may be required to conform to the permitted uses in the district in which such lot lies.

That the building height may be restricted to that specified for other buildings within the district in which the lot lies.

That the design standards imposed for uses within the district in which the lot lies may be applied to the use of the lot.

Impose such conditions as are necessary to assure that the general purpose and intent of this chapter is complied with.

In any district in which single-family dwellings are permitted, notwithstanding the area limitation imposed by other provisions of this chapter, a single-family dwelling and customary accessory buildings may be erected on any single lot of record in existence at the effective date of adoption or amendment of this chapter without Zoning Hearing Board action, provided that such lot must be in single and separate ownership.

Merger of lots. Where two or more adjacent lots, one or more of which is nonconforming, are owned by the same owner, and the ownership of the lots is concurrent, such lots shall be combined to create conforming lots, or to lessen the nonconformity if it is not possible to create all conforming lots.

[Amended 1-7-2019 by Ord. No. 2019-01]

Registration of nonconforming uses and structures. In order to protect the rights given hereunder to each owner of property upon which there is a nonconforming use or a nonconforming structure, such owners shall identify and register such nonconforming uses and nonconforming structures. Failure to register, however, shall not subject such owner to any penalty provided by § 450-73B.

§ 450-67 Off-street loading regulations.

Standards.

Off-street loading and unloading 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 uses within the district adequately.

Loading and unloading spaces shall be at least 12 feet wide, 55 feet long, and shall have at least a fourteen-foot vertical clearance.

Loading and unloading spaces shall have all-weather surfaces to provide safe and convenient access during all seasons.

Loading facilities shall not be constructed between the building setback line and a street line.

Required off-street parking space shall not be used for loading and unloading purposes except during hours when business operations are suspended.

§ 450-68 Off-street parking regulations.

Standards.

Off-street parking shall be required in accordance with the provisions of this section as a condition precedent to the occupancy of any building or use so as to alleviate traffic congestion on streets. These facilities shall be provided whenever:

A building is constructed or a new use is established;

The use of an existing building is changed to a use requiring more parking facilities; and

An existing building or use is altered or enlarged so as to increase the amount of parking space required.

All parking spaces shall have an approved all-weather dustless surface.

Parking lots shall be graded to a minimum slope of 1% and a maximum slope of 4% to provide for drainage. Adequately sized inlets and storm sewers shall be provided to discharge stormwater in accordance with a plan to be approved by the Township.

In the design of parking lots, the minimum required stall depth, stall width, and driveway width shall be as shown on Exhibit A at the end of this section. A vehicular turnaround area with a radius of not less than 25 feet shall be provided at the end of each parking lot having no outlet to a street or other parking area.

Appropriate bumper guards or curbing shall be provided as required by the Township in order to clearly define parking spaces or limits of paved areas and to prevent vehicles from projecting into required yards or rights-of-way.

All parking lots shall be adequately marked and maintained for the purpose of defining parking stalls and driveways.

All parking spaces shall be on the same lot as the principal building or use except when permitted elsewhere by the Board of Supervisors.

All access driveways shall be located, designed and constructed as approved by the Township. Not more than two driveways shall be projected to any single property or business established unless the frontage exceeds 300 feet. No access driveway, except for single-family dwellings, shall be located within 10 feet of any property line, except when using a common access driveway by approval of the Board of Supervisors.

A 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 stall of at least 10 feet by 20 feet in size.

Automotive vehicles or trailers of any kind or type without current license plates and/or current inspection stickers shall not be parked or stored on any residentially zoned property other than in completely enclosed buildings.

No major recreational equipment shall be parked or stored on any lot of less than one acre in a residential district except in a carport or enclosed building or behind the nearest portion of a building to a street; provided, however, that such equipment may be parked anywhere on residential premises for not to exceed 24 hours during loading or unloading. No such equipment shall be used for living, sleeping or housekeeping purposes when parked or stored on a residential lot or in any location not approved for such use. For purposes of these regulations, major recreational equipment is defined as including boats and boat trailers, travel trailers, pickup campers or coaches (designed to be mounted on automotive vehicles), motorized dwellings, tent trailers, and the like, and cases or boxes used for transporting recreational equipment, whether occupied by such equipment or not.

(12)

In residential districts, parking lots for more than three vehicles shall not be located closer than 10 feet to any property line or street right-of-way.

(13)

In commercial districts, no parking shall be permitted closer than 10 feet to any property line or any street right-of-way line.

(14)

In industrial districts, no parking shall be permitted closer than 10 feet to any property line or 40 feet to any street right-of-way.

Exhibit A, see § 450-68A(4).

Residential requirements.

Dwellings in residential and nonresidential districts. Two off-street parking spaces per unit.

Rooming houses and rest homes in residential and nonresidential districts. Two off-street parking spaces or one space per employee, whichever is the greater, plus one additional space per guest room.

Commercial and industrial requirements.

One such off-street parking space shall be required per employee in all commercial and industrial districts. Additional space shall be required as specified by the appropriate formula. In applying such, the following definitions shall be utilized:

SALES AREA — Space on the first floor on which goods are displayed and/or business transacted and such space or other floors on which one or more sales persons are regularly stationed.

FLOOR AREA — The sum of the area of the several floors of a building or buildings measured from the face of the exterior walls or from center lines of walls separating two buildings.

All commercial spaces shall be provided within 600 feet to an access of the business establishment along a route customarily used by pedestrian traffic. In areas where several users share parking spaces, the aggregate of all available spaces shall be compared to the sum required to serve all uses to determine whether there are sufficient spaces to permit the use.

The number of additional required spaces shall be determined by the application of the following formula to the contemplated use:

[Amended 6-8-2021 by Ord. No. 2021-05]

	Use	At least one additional parking space for each:
	Industry	200 square feet of company office gross floor area, or four spaces minimum
	Eating and drinking places	2 seats
	Day-care center	1 per employee plus 1 per every 12 children; the greater of 10% of the required minimum number of parking spaces or 5 regular and 1 handicapped space shall be reserved for dropoff/pickup.
	Driving range	1 tee
	Golf course	1/4 tee
	Personal service establishment	100 square feet of usable floor area
	Theater and churches	3 seats
	Bowling alley	1/5 alley
	Motels and hotels	1 guest room
	Hospitals, convalescent homes	750 square feet of floor area
	Wholesale sales or storage	1,000 square feet of floor area
	Gasoline service station	1/4 pump
	Laundromat	1 machine
	Elementary school	20 seats
	All other schools	10 seats
	Food stores and pharmacies	100 square feet of sales area
	Department and variety stores	200 square feet of sales area
	Gift apparel, hardware and other housewares	300 square feet of sales area
	Offices, clinics, financial institutions	200 square feet of sales area
	All other uses with a lot coverage in excess of 10%	250 square feet of floor area

§ 450-69 Sign regulations.

[Amended 9-10-2013 by Ord. No. 2013-04; 4-13-2021 by Ord. No. 2021-04]

Purpose.

Promote the safety of persons and property by providing that signs:

Do not create traffic hazards by distracting or confusing motorists, or impairing motorists' ability to see pedestrians, other vehicles, obstacles or to read traffic signs.

Do not create a hazard due to collapse, fire, collision, decay or abandonment.

Do promote the aesthetic quality, safety, health, and general welfare and the assurance of protection of adequate light and air within the Township by regulation of the posting, displaying, erection, use and maintenance of signs.

Promote the efficient transfer of information through the use of signs and to permit such use, but not necessarily in the most profitable form or format available for such use.

Protect the public welfare and enhance the overall appearance and economic value of the landscape, while preserving the unique natural and historic environment that distinguishes the Township and consistent with Article I, § 27, of the Pennsylvania Constitution.

Set standards and provide uniform controls that permit reasonable use of signs and preserve the character of West Bradford Township.

Prohibit the erection of signs in such numbers, sizes, designs, illumination, and locations as may create a hazard to pedestrians and motorists.

Avoid excessive conflicts from large or multiple signs so that permitted signs provide information while minimizing clutter, unsightliness, and confusion.

Establish a process for the review and approval of sign permit applications.

Classification of signs by use. All signs shall be divided into the following types for use and location:

Official signs. Signs installed by, over or adjacent to state or Township streets, roads and highways by the Commonwealth of Pennsylvania or the Township.

Professional, accessory or address signs. Signs attached to a building or located on a property housing a residential use, professional, professional service or a permitted business activity, or on a property on which trespassing is prohibited or adjacent to a private driveway or premises.

Identification signs. Signs attached to or located on property housing schools, churches, hospitals or similar institutions, and clubs, lodges, farms, estates or similar uses.

Temporary signs. Signs on properties where contractors, architects, mechanics and artisans work.

Real estate sale/sold/rent/development signs. Signs placed on a property to be sold, rented or developed.

Business, commercial or industrial signs. Signs attached to a building or located on a property housing a permitted use conducted on the premises.

Functional signs. Signs erected at or adjacent to restrooms, entrances, exits or other signs not otherwise defined, which are erected at or adjacent to accessory uses.

Directional signs. Signs directly adjacent to and along a pedestrian or vehicular route to an industrial, commercial or business establishment.

Area attraction sign. Signs directly adjacent to and along a pedestrian or vehicular route to an area attraction. The determination of what constitutes an attraction shall be as defined in the Pennsylvania Department of Transportation Signage Guidelines. An eighteen-hole public golf course shall be considered an attraction with or without listing in the PennDOT Guidelines.

Classification of signs by construction. All signs shall be divided into the following classifications for the purpose of construction:

Ground sign. Any sign erected upon an independent structure (legs or base) so that such structure is the main support of the sign and/or any sign which is not supported by any part of a building.

Flat wall sign. A sign erected or displayed on or parallel to the surface of a building.

Wall projecting sign. Any sign mounted upon a building so that its principal face is at right angles to the building wall.

Roof sign. A sign erected or displayed upon the roof of any building or structure or a wall sign a portion of which exceeds the height of the building.

Other. A sign not permanently attached at all points or which utilizes air motion, sounds, directed lights, or mechanical parts for effect.

General regulations. The following general regulations shall apply to all permitted sign uses:

Ground sign.

No ground sign shall project to a point nearer than 12 feet from the edge of the paved roadway (unless obstructing view, at which time further setback is required). No support for any ground sign shall be located nearer than 12 feet to the property line.

A ground sign shall not exceed eight feet in height. No ground sign shall exceed 32 square feet in area.

Flat wall sign.

Flat wall signs shall not project more than 10 inches from the building wall and must be so located that the lower edge is a minimum of eight feet above grade in any case where projection from the wall is greater than three inches.

Flat wall signs shall not exceed 10 square feet in area for each five linear feet of front building wall, and in no case shall exceed 30 feet in width or eight feet in height at the minimum allowable building setback. For each additional two feet of setback, the maximum height of the sign may be increased by one foot, provided that no sign shall exceed 20 feet in height and 15% of the face of the building.

Projecting signs.

Projecting signs shall be so located upon the buildings that the lower edge is a minimum of 10 feet above grade. Projecting signs may project a maximum of 10 feet from the building wall; provided, however, that no sign shall project to a point nearer than 12 feet from the edge of the paved roadway.

No projecting sign shall extend more than 10 feet above the top of the wall upon which it is mounted.

Roof signs.

No roof sign shall be placed upon the roof of any building so as to prevent the free passage of one part of the roof to the other thereof or interfere with any openings in such roof.

No sign erected upon the roof of any building shall project beyond the edges of said roof in any direction.

Roof signs may extend above the roof or top of wall a distance equal to 1/4 the height of the wall or five feet, whichever is the smaller height.

Roof signs may have a maximum area of 5% of the front wall area.

No roof sign parallel to a building shall extend in length a distance greater than 2/3 the length of the wall to which it is parallel.

Directional signs shall conform to the following:

No such sign shall be wider than four inches or longer than 24 inches.

The top of any sign shall be no more than four feet from the ground surface immediately underneath.

Industrial, commercial or business establishments may erect, place, install or maintain no more than three such signs within West Bradford Township, but the erection, placement, installation or maintenance of such sign in a residential zoning district shall be prohibited.

No more than three such signs may be placed at any one corner of an intersection.

No such sign may be erected, placed, installed or maintained without the permission of the owner of the real property involved.

No such sign may be erected, placed, installed or maintained without a permit therefor having been obtained from the Zoning Officer.

Total sign area shall not exceed two square feet per lineal foot of building frontage. The total number of signs allowed is three.

Professional or address signs. The area on one side of such signs shall not exceed two square feet nor project more than six inches from a wall when attached to a building.

Identification signs. A total of six square feet per side will be allowed. Not more than two such signs per organization will be permitted.

Temporary signs. Shall be displayed only while actual work is in progress and shall not exceed six square feet in area; provided, further, that such signs must be removed promptly upon completion of the work.

Real estate sale/sold/rent/development signs shall not exceed six square feet in area. All such signs shall be removed within five days after final transactions are completed.

No sign shall be of the flashing or rotating type.

No sign located within 300 feet of any traffic light shall be illuminated with red, green or yellow lighting.

(12)

All electrically illuminated designs shall be constructed to the standards of the National Board of Fire Underwriters.

(13)

The area of any sign shall be the product computed by multiplying the greatest height by the greatest width of the sign's major face, including trim or frame.

(14)

Signs of the flat wall and projecting types may be erected upon a canopy or marquee if the structural strength of such canopy or marquee is sufficient to safely carry the additional load, and provided that such signs may not extend beyond the edges of said canopy or marquee or extend within otherwise prohibited areas.

(15)

No sign shall be erected which shall obscure or interfere with the line of sight at any street intersection or traffic signal.

(16)

Any temporary display sign or banner permitted by this chapter shall be permitted for one period of 30 days. Temporary signs placed within the Township by a person or entity holding an event on a specific date shall remove such sign or signs within five days after the date of such event.

(17)

Whenever a sign becomes structurally unsafe or endangers the safety of a building or premises or endangers the public safety, the Zoning Officer shall give written notice to the owner of the premises on which the sign is located that such sign be made safe or removed within five days.

(18)

No sign shall be maintained within the Township in such a state of disrepair as to have the appearance of complete neglect or which is rotting or falling down, is illegible or has loose parts separated from original fastenings.

(19)

No signs shall be erected in residential districts except as hereinbefore provided on a structure or property housing a lawful use.

(20)

No sign shall display or contain any obscenity/pornography, fighting words or an incitement to imminent lawless action.

(21)

No sign shall be erected or located as to prevent free ingress or egress from any window, door or fire escape.

(22)

No sign shall be placed in such a position that it will obscure light or air from a building or which would create a traffic danger.

(23)

No signs, other than official signs, shall be permitted which are attached to public utility poles or trees within the right-of-way of any street or placed on or in any roundabout, traffic island or other traffic-calming feature.

(24)

No sign advertising a home occupation within a residential district shall exceed four square feet in area.

(25)

Area attraction directional signs shall conform to the following:

No such sign shall be wider than 18 inches or longer than 48 inches.

The top of the sign shall be not higher than seven feet above the surface of the adjoining road.

No area attraction shall place more than three such signs within West Bradford Township.

No more than two such signs may be placed at any one corner of an intersection.

No such sign may be erected, placed, installed or maintained without the permission of the owner of the real property involved. The signs may be erected within the right-of-way for a public highway when permission has been obtained from the government agency that has control over the use of the right-of-way.

No such sign may be erected, placed, installed or maintained without a permit therefor having been obtained from the Zoning Officer.

The signs shall be mounted on 0.080 gauge aluminum (or equivalent material) with engineer-grade reflective sheeting.

The signs shall be mounted on breakaway posts or other posts meeting the criteria of PennDOT specifications for highway signs.

Such signs shall be maintained in a functional manner. Failure to maintain the signs in such a manner shall allow the removal of the signs by Township officials after 14 days have passed from notification to the applicant of a deficiency in maintaining the sign.

Interpretations. The size of the sign shall refer to the area of the sign facing, including any border framing or decorative attachments. In the case of freestanding letters, it shall be the area contained between the highest and lowest points of any letters and the extremity points of the first and last letters.

Permits.

The following signs shall be permitted without requirement of a permit for erection when erected and maintained in conformity thereto:

Official signs.

Professional and address signs.

Identification signs.

Temporary signs of any materials located on a property on which a business is located. No display shall be located on sidewalks or thoroughfares used for public foot or mobile traffic or within 12 feet from the edge of a paved roadway.

Real estate sale/sold/rent/development signs.

Functional signs.

Signs within buildings, not visible from outdoors.

Directional signs.

Temporary signs erected not more than 30 days prior to a primary, municipal, general, or special election, provided that they do not exceed six square feet in area and are removed within seven days after such election primary, municipal, general, or special election.

Before any sign may be erected in the Township, an application for a permit to erect, install and maintain said sign shall be made in accordance with this chapter. Accompanying each application shall be the required permit fee, payable to the Township, in the proper amount.

Application for a permit shall be made, in writing, to the Zoning Officer and shall contain all information necessary for such officer to determine whether the proposed sign or the proposed alterations conform to all the requirements of this chapter.

Permits shall be granted or refused within 15 days from the date of application.

No sign permit shall be issued except in conformity with the regulations of this chapter, except upon order of the Zoning Hearing Board granted pursuant to the procedures established for the issuance of a variance.

All applications for sign permits shall be accompanied by plans or diagrams in duplicate and approximately to scale showing the following:

Exact dimensions of the lot, including any right-of-way lines, or building upon which the sign is proposed to be erected.

Exact size, dimensions and location of the said sign on the lot or building, together with its type, construction, materials to be used, and the manner of installation.

Any other lawful information which may be required on an application by the Zoning Officer.

§ 450-70 Multifamily dwellings and independent senior living communities. [1]

[Added 6-9-2020 by Ord. No. 2020-04]

The following regulations shall apply to multifamily dwellings and independent senior living communities:

Site layout and design.

Buildings shall be oriented to face public/private streets, and open space where applicable.

Streets shall include sidewalks, pedestrian-scaled streetlights, and street trees.

The visibility of aboveground transformers, meters, and other utilities shall be minimized. These utilities shall not be located within the front yard.

Traffic calming features, such as on-street parking, textured paving materials and crosswalks to reinforce a pedestrian environment shall be implemented throughout the development.

Pedestrian connections shall be provided to link sidewalks, walkways, and pathways.

Common open spaces and landscaping.

Common open spaces shall be provided for developments of more than five acres.

A minimum of 10% of the gross tract area shall be designated and maintained as common open space.

Common open space area amenities shall be centralized and directly accessible to the dwelling units.

Existing large trees and other natural features shall be integrated into the common open space when possible.

Common open spaces shall be designed and maintained to provide for both active and passive uses.

The landscaping plans and requirements of § 385-26 shall apply, as well as the following:

Building foundation plantings shall be provided in front yards, rear yards facing a street or common open space, adjacent to garages and along property lines, and shall include a combination of trees and shrubs of varying species and colors.

Common open spaces shall be accented with trees and other plantings.

Screening and buffering.

A continuously planted buffer shall be provided where any proposed multifamily dwelling or independent senior living community abut properties in residentially zoned districts, except where natural or physical man-made barriers exist.

The planted buffer shall be a minimum of 35 feet in width.

The planted buffer shall include a combination of evergreen trees and evergreen shrubs in order to ensure effective year round screening. The plants shall be consistent with the West Bradford Township List of Approved Plants in Appendix E.2 of Chapter 385.

The Screen 3 (S-3) requirements of Chapter 385 shall apply in order to provide an opaque screen with fully blocked views.

The buffer shall be a minimum height of eight feet at the time of planting.

All other requirements pertaining to buffering, landscaping, and required preservation in § 385-70 which are not inconsistent with this section shall apply.

Building design.

Buildings shall be differentiated through variations to building materials, colors, rooflines, and the use of architectural features such as awnings, light fixtures, pent eaves, porticos, pilasters, columns, arches, bay windows, and the like.

Buildings shall employ more than one color and material, and shall be designed with earth tone colors.

Changes in materials and colors shall correspond to variations in building mass or shall be separated by a building element.

A variety of building heights and varied roof articulation shall be provided through the use of dormers, gables, and the like.

The vertical massing and proportions shall be emphasized to create a rhythm to facades, and the massing shall extend down to the ground.

Taller massing shall be used to define significant building features, such as corners and terminus points.

The front facade of a building shall have recesses and projections.

Building entrances shall include features such as porches, stoops, pent eaves, front walkways, windows, and front doors, and provide a public "face" and orientation to a building.

When the side facade of a building is oriented to a street, driveway, or common open space areas, building articulation and detailing shall be consistent with the front facade.

Second and third stories shall not project beyond the ground floor footprint, except for bays no wider than 50% of that facade or projection.

Garages doors shall be of high-quality material, pattern and color consistent with the overall earth tone colors of the building.

Former § 450-70, Steep slope regulations, as amended, was repealed 6-12-2018 by Ord. No. 2018-03.

§ 450-71 Forestry activities.

Forestry activities, including but not limited to timber harvesting, shall be a permitted use by right in all zoning districts. Forestry activities shall be conducted in accordance with the following requirements, conditions and/or approvals:

A zoning permit shall be obtained from the West Bradford Township Zoning Officer prior to harvesting or otherwise removing 30 or more trees with a trunk diameter of three inches or more at a point four feet above ground level (DBH) on any tract of land larger than one acre.

A forestry management plan shall be prepared and submitted with the zoning permit. A qualified forester or forester technician shall prepare this plan.

The forestry management plan shall be consistent with the timber harvesting guidelines of the Pennsylvania Forestry Association.

Prior to issuance of the zoning permit, an erosion and sedimentation control plan shall be submitted by the applicant to the County Conservation District for review, recommendation and approval.

Clearcutting shall be prohibited except on tracts of one acre or less.

When harvesting or otherwise removing 40 or more trees with a trunk diameter of three inches or more at a point four feet above ground level (DBH) on any tract of land larger than one acre, at least 30% of the forest cover (canopy) shall be kept and the residual trees shall be well distributed. At least 30% of these residual trees shall be composed of the highest value species as determined by a forester and pursuant to the forestry management plan.

Clearcutting is prohibited in steeply sloped areas, within wetlands, within the Township's identified floodplain area, and within 100 feet of a forested riparian buffer.

[Amended 8-8-2017 by Ord. No. 2017-05; 6-12-2018 by Ord. No. 2018-03]

Applicants are encouraged to include a replanting scheme within the forestry management plan using native species.

§ 450-72 Certain previously repealed residential provisions adopted by reference. [1]

[Added 6-13-2017 by Ord. No. 2017-01]

All lots approved and developed pursuant to the R-1 Residential open space design provisions and R-1 Conventional Residential design option and R-1 TDR transfer development rights provisions, which provisions have heretofore been previously deleted from this chapter, may in the future be developed in accordance with the area and bulk regulations as set forth in those previously existent provisions, which provisions were applicable at the time of the initial development of said lots.

The area and bulk regulations set forth in the previously deleted section set forth above are hereby adopted by reference.