This article establishes specific controls for uses which require
special design considerations to achieve compatibility with the general
character of the uses permitted within a zoning district. The following
regulations shall apply to all zoning districts for which the particular
use being regulated is permitted. The provisions of this article shall
be in addition to the standards established by the applicable zoning
district.
A.
General regulations. Accessory uses shall be in accordance with applicable sections of Article XVI and the following:
(1)
Incidental and subordinate to the principal use on the tract or lot
and shall not constitute a single and separate use from the associated
principal use.
(2)
Located on the same tract or lot as the associated principal use.
(3)
Maximum height shall be in accordance with the regulations set forth
herein, unless otherwise expressly permitted by this chapter.
(4)
No truck bodies, travel trailers, recreational vehicles or similar
items shall be used as accessory buildings or to house any accessory
uses.
(5)
Where accessory uses include buildings or structures, such buildings
or structures shall be securely anchored, and shall not pose a hazard
to surrounding uses.
(6)
No accessory use shall constitute a nuisance by way of odor, noise,
light, glare, or other means, or shall endanger the health, safety,
or welfare of area residents and other uses.
(7)
Accessory use setbacks. Except as otherwise permitted by this chapter and as permitted in § 400-68C(4), accessory uses shall not be permitted within the required front yard and shall comply with the following regulations:
(a)
A minimum setback of not less than five feet from any right-of-way
or property line shall be required for all accessory uses, unless
otherwise specified by this chapter.
(b)
Alleys. Where accessory uses abut an alley, the accessory use
shall not be located within the right-of-way of the alley.
(d)
Industrial uses. Accessory uses shall be set back a minimum
of 20 feet from any lot line.
B.
Residential accessory uses.
(1)
Accessory uses permitted by right in every district include the following:
(3)
General regulations.
(a)
Permanent residency in travel trailers, tents, or recreational
vehicles stored on a lot shall be prohibited.
(b)
Temporary or nightly outdoor parking or storage of commercial
vehicles shall be limited to one vehicle per lot within the lot boundaries.
There shall be a maximum of one such vehicle per lot, and such vehicle
shall be owned or operated by the resident of the lot.
C.
Nonresidential accessory uses.
(1)
Accessory uses permitted by right include the following:
(a)
Driveways and off-street parking and loading in accordance with Article XVII and applicable sections of this chapter in the C-1, C-2, C-3, C-4 and LI Districts.
(c)
Accessory buildings, structures, or storage sheds.
(g)
Flagpoles.
(i)
Outdoor dining shall be permitted as an accessory use to a restaurant or similar use in accordance with § 400-98.
(j)
Crematory shall be permitted as an accessory use to a funeral
parlor or undertaker's establishment.
(2)
Accessory uses permitted by conditional use when authorized by Borough Council and subject to the requirements of Article XX for specific uses or in specified zoning districts include the following:
(a)
Cafeteria solely for the use of employees, patients or students
of the applicable use, or for official visitors to the use, but not
open to the general public, including but not limited to educational
use, place of worship, office, or other similar nonresidential use.
(b)
Child day-care center in accordance with § 400-87 shall be permitted as an accessory use for the use of employees patients, and students of the applicable use, or for official visitors to the use, but not open to the general public, including but not limited to educational use, place of worship, office, or other similar nonresidential use.
B.
No such use shall be located in any zoning district except the (LI)
Limited Industrial District.
C.
For the purposes of this section, spacing distances shall be measured
in a straight line between the closest points of the listed uses,
as follows:
(1)
From all property lines of the lot supporting any adult use.
(2)
From the outward line of boundary of all residential zoning districts
or all property lines of a residential use.
(3)
From all property lines of any use listed in § 400-83A(2)(a) through (d).
D.
Sign messages shall be limited to verbal description of material
on the premises.
E.
Sign messages may not include any graphic or pictorial depiction
of material or services available on the premises.
F.
Messages which are visible or intended to be visible from outside
the property, such as on or within doors, windows or exterior walls,
shall not display materials, items, publications, pictures, films,
or printed material available on the premises; or pictures, films
or live presentations of persons performing or services offered on
the premises.
G.
Any building or structure used and occupied as an adult-related use
shall have an opaque covering over all windows or doors of any area
in which materials, merchandise or film are exhibited or displayed,
and no sale materials, merchandise or film shall be visible from outside
of the building or structure.
H.
No materials or merchandise offered for sale, rent, lease, loan,
or for view upon the premises, shall be exhibited or displayed outside
a building or structure.
I.
Should any adult commercial use cease or discontinue operation for
a period of 90 or more consecutive days, it shall not resume, nor
may it be replaced by another adult commercial use unless said use
complies with all the requirements of this section.
J.
Nothing in this chapter shall be deemed to allow any uses that are
"obscene," as that term has been interpreted from time to time by
the courts of the United States or the Commonwealth of Pennsylvania.
A.
Bed-and-breakfast establishments shall be permitted as an accessory
use when approved as a conditional use by Borough Council. A use and
occupancy permit for a bed-and-breakfast establishment shall be required
prior to the beginning operation of the use.
B.
Bed-and-breakfast establishments shall be conducted within a single-family
detached dwelling only, which is the bona fide residence of the operator.
The appearance of the dwelling shall not be altered in such a way
as to detract from the residential character of the structure. The
principal use of the structure shall remain that of a single-family
dwelling.
C.
No more than two persons who are not residents of the property may
be hired as an employee or retained as a volunteer to conduct the
bed-and-breakfast establishment.
D.
No more than three guest rooms suitable to accommodate no more than
six guests may be offered for bed-and-breakfast use upon a single
property. Guest rooms shall not contain cooking facilities.
E.
At least one full bathroom, separate from the principal dwelling,
including a toilet, lavatory, and bathtub and/or shower, shall be
provided for each two guest rooms.
F.
No guest shall be accommodated for more than seven consecutive nights.
The owner shall maintain a guest register and the register and all
records shall be made available for inspection by the Zoning Officer
upon request.
G.
No meals may be provided, except breakfast and/or afternoon refreshments,
and any amenities associated with the residence, such as a swimming
pool or hot tub, may be made available to registered guests.
H.
Proof of annual fire inspection by a certified agency shall be available
at all times.
I.
In addition to the off-street parking spaces required for the residential
use of the property, one off-street parking space shall be provided
for each nonresident employee or volunteer, plus one additional space
for each guest room.
J.
Permits and inspections.
(1)
The proposed use shall be certified by the Chester County Health
Department or other regulatory authority having jurisdiction on the
basis of an on-site inspection, or required improvements to the sewage
system have been completed.
(2)
Upon compliance with all of the requirements of this section, other applicable codes and regulations, and in accordance with Article XX, the Borough Council may apply a condition that the Zoning Officer shall be authorized to periodically inspect the bed-and-breakfast use for a violation of any condition imposed by the Board, any misrepresentation of fact made to the Borough or Zoning Officer in conjunction with the conditional use, permit, review process, or violation of this section or any provision of this chapter.
(3)
Prior to an applicant establishing a bed-and-breakfast operation,
the Zoning Officer shall issue a temporary use and occupancy permit.
This permit shall be reviewed on an annual basis from the date it
was issued until such time that the unit is removed. A fee, in an
amount established by resolution of the Borough Council, shall be
paid by the landowner or applicant upon each renewal of the temporary
permit.
(4)
Upon nonrenewal or revocation of the use and occupancy permit for
cause shown, the use of the premises as a bed-and-breakfast shall
immediately cease, and continuation thereof shall subject the owner
to the penalty provisions of this chapter and/or such other legal
action as the Borough shall determine necessary.
When authorized by Council as a conditional use, a residential subdivision and its individual lots and uses may be developed using the standards in this section instead of those in §§ 400-24 and 400-25 which relate to the same subject. Where this section does not provide a specific standard, the other standards and regulations of this chapter shall remain in effect and be applied to the development as well as the individual lots and uses. A subdivision developed pursuant to this section is referred to as "cluster development."
A.
Prerequisites for cluster development option. In order to use the
standards of this section, a proposed development must meet the following
conditions:
C.
Density and area and bulk requirements.
(1)
The overall density (i.e., the total number of acres in the tract
to be developed minus the total area in public rights-of-way, utility
easements, stormwater retention facilities and drainage easements,
divided by the total number of dwelling units) of the cluster development
shall be a minimum of 18,100 square feet per dwelling unit. A subdivided
lot shall be provided for each dwelling unit.
(2)
Following are the minimum requirements for lot area and the placement
of structures on lots:
(a)
Lot size: 16,000 square feet.
(b)
Lot width at building line: 100 feet.
(c)
Lot width at street line: 50 feet.
(d)
Building setback line: 35 feet.
(e)
Front yard: 35 feet in depth.
(f)
Side yards: each residential lot shall have two side yards with
no side yard having less than 20 feet in depth and the aggregate depth
of both side yards shall be a minimum of 45 feet.
(g)
Rear yard: 35 feet in depth.
(h)
Corner lot yards: each yard abutting a street shall be 35 feet
in depth; the other yards shall be treated as side yards.
D.
Common open space. Shall be in accordance with § 400-108E(5).
E.
Design standards.
(1)
Each single-family detached dwelling within a cluster development
shall have a minimum of 1,700 square feet of living area, three bedrooms,
a full basement and a fully enclosed two car garage on the lot. For
purposes of this regulation, "living area" shall not include garages,
porches or basements, whether finished or not. However, any area counted
as living area must be finished. "Finished" means that the area is
floored, framed, all wall surfaces (e.g., dry wall) are complete and
electric and heat are functional and comply with applicable building
code requirements. A bedroom which is not finished may not be counted
toward the minimum bedroom requirement.
(2)
All utilities shall be placed underground.
(3)
The conditional use application shall include a landscaping plan
prepared by a registered landscape architect. This plan shall include
model landscaping plans for the individual lots, as well as an overall
design plan for required common open spaces and buffer areas. The
developer shall provide any landscaping for individual lots according
to the approved overall landscaping plan and individual lot models.
Streetlights and all proposed signage shall be shown on the landscape
plan. The plan shall also identify all significant stands of mature
trees.
(4)
The requirements of § 400-74 of this chapter may be reduced only with respect to the minimum driveway location requirement for residential lots. Private driveways may be located not less than 40 feet from any intersection of two streets, which distance shall be measured from the nearest intersection of the street lines.
A.
Commercial manure or compost wharf or areas used for the preparation
of compost or manure for the purpose of selling it to others shall
be permitted within the C-3 Zoning District.
B.
The minimum lot size shall be five acres.
C.
Such use shall be required to have a Mushroom Farm Environmental
Management Plan approved by the Chester County Conservation District.
The following standards shall apply to all day care facilities
(home occupations: home child day care, family child day-care home,
group child day-care home) and child day-care center (commercial day
care) where permitted by this chapter:
A.
Operators are responsible for obtaining and complying with all pertinent
approval and license requirements from appropriate state, county,
and other agencies including but not limited to the Pennsylvania Department
of Human Services or Department of Aging, and compliance with applicable
building, fire, UCC and other applicable code requirements. The applicant
shall have received and hold all pertinent approvals and licenses
and shall provide evidence thereof prior to issuing of a zoning permit
by the Zoning Officer.
B.
The minimum lot size for any day-care facility shall be based upon
fulfilling the requirements of this section, accommodating required
off-street parking, and buffering/landscaping requirements, but in
no case shall be less than the applicable minimum lot size of the
zoning district in which the facility is located.
C.
Minimum indoor areas and outdoor play area requirements per child
shall meet the most current Pennsylvania Department of Human Services
requirements, and the applicant shall submit proof to the Borough,
prior to the issuing of permits, that these requirements have been
met. In addition, an outdoor recreation area, where applicable, shall
be in accordance with the following:
(1)
The outdoor recreation area shall be located to the rear or side
of the building and shall not include driveways, parking areas, land
used for other purposes, or unsuited for active recreation due to
natural conditions.
(2)
The outdoor recreation area shall be enclosed by a fence suitable
to restrict attendees to the play area, and fencing shall be a minimum
of five feet in height and meet all other applicable requirements
of the UCC in conjunction with the Pennsylvania Department of Human
Services.
(3)
The outdoor recreation shall be on the same lot as the principal
structure and fully controlled by the operator of the facility.
(4)
Outside play shall be limited to the hours of daylight.
D.
Parking and dropoff area requirements for child day-care center (commercial
day care).
(1)
Off-street parking shall be provided in accordance with Article XVII and shall be so designed to prevent interference with traffic flow on any adjacent roadways. In addition, appropriate areas designed specifically for temporary parking and dropping off of patrons may be provided in addition to and separate from off-street parking spaces in accordance with this section.
(2)
Dropoff areas shall be designed to eliminate the need for patrons
to cross traffic lanes within or adjacent to the site and shall not
be provided within parking aisles or lanes.
(3)
Dropoff areas shall be separate from required off-street parking
spaces or aisles and shall be designated and maintained for the discharge
and collection of attendees associated with the day-care use.
(4)
Dropoff areas shall be marked by appropriate signs, pavement markings,
or text.
A.
Where permitted, drive-through service shall be an accessory use
in conjunction with any restaurant, bank, or other similar commercial
use that provides service to customers who remain in automobiles and
are served through an exterior window in the establishment.
B.
A site circulation plan shall be developed that separates those patrons
utilizing drive-through service from those patrons utilizing indoor
facilities. The plan shall include the following information:
C.
Drive-through facilities shall have a dedicated area for conducting
business, including a vehicle stacking lane, which shall accommodate
a minimum of five vehicles waiting to utilize the drive-through service,
and an area for departing vehicles which shall be situated to prevent
vehicles from queuing onto adjoining roadways. The stacking lane shall
not be used for parking lot circulation aisles or in any way conflict
with parking or circulation. The stacking lane shall be separated
from parking and interior aisles by a curb and/or median buffer, and
shall be clearly marked to distinguish it from parking areas and traffic
aisles.
D.
Exterior microphone/speaker system shall be arranged or screened
to prevent objectionable noise impact on adjoining properties. Devices
used to facilitate communication between the establishment and customers
shall not be audible on adjacent residential properties, where applicable.
E.
The drive-through facility, including teller windows and intercom,
and the driveway, shall be located along the side or rear faces of
the associated use.
F.
A buffer yard/screen planting shall be maintained along all property lines abutting a residential use or district in accordance with this chapter and Chapter 350, Subdivision and Land Development.
G.
Trash receptacles shall be provided outside in conjunction with drive-through
service for patron use located specifically so they may be accessed
by persons in automobiles using the drive-through facilities.
H.
When this use is adjacent to or on the same lot as other commercial
establishments, it shall use a common access with the other establishments
and not have a separate entrance to the street, otherwise, the drive-through
service shall not have a separate access from that of the associated
use. See Figure 17-1.
|
Figure 17-1: Drive Through
|
The following standards shall apply to public and private schools:
A.
Minimum lot area: two acres.
B.
Minimum lot width: 100 feet.
C.
Maximum impervious surface coverage: 50%.
D.
Outdoor play areas shall be located in the rear or side yards at a minimum of 10 feet from side yards and rear property lines. Outdoor play areas shall be screened from adjacent uses in accordance with § 400-73.
E.
All proposed areas designated for the loading or unloading school
buses shall be planned and arranged so they may be utilized without
interfering with the interior traffic circulation and parking facilities.
F.
Accessory uses shall be permitted as follows. The following accessory
support uses shall be permitted for any school only when specifically
for the use of the students, guests, or employees of the facility:
(1)
Indoor and outdoor recreational facilities including but not limited
to auditoriums, activity rooms, craft rooms, libraries, lounges, walking
trails, tennis courts, pools, sitting area, picnic areas, and pavilions
or shelters.
(2)
Kitchen and dining facilities.
(3)
Office or facilities that serve directly the facility, including
but not limited to school medical offices or treatment centers, ATM
machine, school counselors.
A.
Applicability. To encourage maintenance and management of forested
or wooded open space and promote the conduct of forestry as a sound
and economically viable use of forested land and forestry activities,
including but not limited to timber harvesting, and to be in compliance
with the Municipalities Planning Code,[1] forestry shall be a permitted use by right in all zoning
districts. The following standards apply to all timber harvesting
within the Borough where the value of trees, logs, or other timber
products removed exceed $1,000. These provisions do not apply to the
cutting of trees for the personal use of the landowner or for pre-commercial
timber stand improvement.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B.
Purpose. In order to conserve forested open space and the environmental
and economic benefits it provides, it is the policy of the Borough
to encourage the owners of forestland to continue to use their land
for forestry purposes, including the long-term production of timber,
recreation, wildlife, and amenity values. The timber harvesting regulations
contained in this section are intended to further this policy by promoting
good forest stewardship, protecting the rights of adjoining property
owners, minimizing the potential for adverse environmental impacts,
and avoiding unreasonable and unnecessary restrictions on the right
to practice forestry.
C.
Notification and preparation of a logging plan.
(1)
For all timber harvesting operations that are expected to exceed
two acres, the landowner shall notify the Borough Zoning Officer a
minimum of 10 business days before the operation commences and within
five business days before the operation is complete. No timber harvesting
shall occur until the notice has been provided. Notification shall
be in writing and shall specify the land on which harvesting will
occur, the expected size of the harvest area, and, as applicable,
the anticipated starting or completion date of the operation.
(2)
Every landowner on whose land timber harvesting is to occur shall
prepare a written logging plan in the form specified by this chapter.
No timber harvesting shall occur until the plan has been prepared.
The provisions of the plan shall be followed throughout the operation.
The plan shall be available at the harvest site at all times during
the operation and shall be provided to the Borough Zoning Officer
upon request.
(3)
The landowner and the operator shall be jointly and severally responsible
for complying with the terms of the logging plan.
(4)
The plan shall be reviewed and approved by the Chester County Conservation
District.
D.
Contents of the logging plan. As a minimum, the logging plan shall
include the following:
(1)
The design, construction, maintenance, and retirement of the access
system, including haul roads, skid roads, skid trails, and landings.
(2)
The design, construction, and maintenance of water control measures
and structures such as culverts, broad-based dips, filter strips,
and water bars.
(3)
The design, construction, and maintenance of stream and wetland crossings.
(4)
The general location of the proposed operation in relation to municipal
and state highways, including any accesses to those highways.
(5)
A sketch map or drawing containing the site location and boundaries,
including both the boundaries of the Property on which the timber
harvest will take place and the boundaries of the proposed harvest
area within the property: significant topographic features related
to potential environmental problems; location of all earth disturbance
activities such as roads, landings, and water control measures and
structures; location of all crossings of waters of the commonwealth;
and the general location of the proposed operation to municipal and
state highways, including any accesses to those highways.
(6)
Documentation of compliance with the requirements of all applicable
state regulations, including but not limited to the following: erosion
and sedimentation control regulation contained in Title 25 Pennsylvania
Code, Chapter 102, promulgated pursuant to the Clean Streams Law (35
P.S. § 691.1 et seq.) and stream crossing and wetlands protection
regulations contained in Title 25 Pennsylvania Code, Chapter 105,
promulgated pursuant to the Dam Safety and Encroachments Act (32 P.S. § 693.1
et seq.).
(7)
Any permits required by state laws and regulations shall be attached
to and become part of the logging plan. An erosion and sedimentation
pollution control plan that satisfies the requirements of Title 25
Pennsylvania Code, Chapter 102, shall also satisfy the requirements
for the logging plan and associated map specified above, provided
all information required is included or attached.
E.
Forest practices. The following requirements shall apply to all timber
harvesting operations in the Borough:
(1)
Felling or skidding on or across any public thoroughfare is prohibited
without the express written consent of the Borough or the Pennsylvania
Department of Transportation, whichever is responsible for maintenance
of the thoroughfare.
(2)
No tops or slash shall be left within 25 feet of any public thoroughfare
or private roadway providing access to adjoining residential property.
(3)
All tops and slash between 25 and 50 feet of any public roadway or
private roadway providing access to adjoining residential property
or within 50 feet of adjoining residential property shall be lopped
to a maximum height of four feet above ground.
(4)
No tops or slash shall be left on or across the boundary of any property
adjoining the operation without the consent of the owner thereof.
(5)
Litter resulting from a timber harvesting operation shall be removed
from the site before the operator vacates it.
F.
Responsibility for road maintenance and repair; road bonding. Pursuant
to Title 75 of the Pennsylvania Consolidated Statutes, Chapter 49,
and Title 67 of the Pennsylvania Code, Chapter 189, the landowner
and the operator shall be responsible for repairing any damage to
Borough roads caused by traffic associated with the timber harvesting
operation to the extent the damage is in excess of that caused by
normal traffic, and may be required to furnish a bond to guarantee
the repair of such damages.
G.
Enforcement. The Borough Zoning Officer shall be the enforcement
officer for the standards set forth herein.
H.
Inspections. The Borough Zoning Officer may go upon the site of any
timber harvesting operation before, during, or after active logging
to review the logging plan or any other required documents for compliance
with the standards and inspect the operation for compliance with the
logging plan and other on-site requirements of these regulations.
I.
Violations notices; suspensions. Upon finding that a timber harvesting
operation is in violation of any provision of these standards and
regulations, the Borough Zoning Officer shall issue the operator and
the landowner a written notice of violation describing each violation
and specifying a date by which corrective action must be taken. The
Borough Zoning Officer may order the immediate suspension of any operation
upon finding that corrective action has not been taken by the date
specified in a notice violation; the operation is proceeding without
a logging plan; or the operation is causing immediate harm to the
environment. Suspension orders shall be in writing, shall be issued
to the operator and the owner, and shall remain in effect until, as
determined by the Borough Zoning Officer, the operation is brought
into compliance with the regulations herein or other applicable statutes
or regulations. The landowner or the operator may appeal an order
or decision of an enforcement officer within 30 days of issuance to
the Zoning Hearing Board of the Borough.
J.
Penalties. Any landowner or operator who violates any provision of these regulations, refuses to allow the Borough Zoning Officer access to a harvest site pursuant to § 400-90H, or who fails to comply with a notice of violation or suspension order issued under § 400-90I, shall be subject to the enforcement remedies set forth in this chapter, in addition to any other remedy at law or in equity.
A.
The following general regulations shall apply to all home occupations, except as otherwise permitted by § 400-91B(2) for intensive home occupations by conditional use:
(1)
The business activity shall be compatible with the residential use
of the property and surrounding residential uses.
(2)
The use shall employ no employees other than the inhabitants residing
in the dwelling. Such occupations shall be incidental and accessory
to the use of the property as a residence.
(3)
There shall be no display or sale of retail goods and no stockpiling
or inventory of a substantial nature.
(4)
There shall be no exterior indication of a business use, including
but not limited to parking or lights.
(5)
The business activity may not use any equipment or process which
creates noise, vibration, glare, fumes, odors or electrical interference,
including interference with radio or television reception, which is
detectable in the neighborhood.
(6)
The business activity may not generate any solid waste or sewage
discharge, in volume or type, which is not normally associated with
residential use in the neighborhood.
(7)
The business activity shall be conducted only within the dwelling
and may not occupy greater than 25% of the habitable floor area.
(8)
The business may not involve any illegal activity.
(9)
Nonintensive home occupations shall have limited daily or regular
customers, clients, or patrons, excluding permitted pupils and day-care
children.
B.
Home occupation types shall include the following uses:
(1)
Nonintensive home occupations shall include, but not be limited to
the following:
(a)
Offices including but not limited to insurance or real estate
salesperson; manufacturer's or sales representative; telephone
answering or telephone sales, excluding retail sales and/or warehousing
of stock; general secretarial work; individual architect, engineer,
planner, lawyer, or consultant; individual contracting or renovation
consultant.
(b)
Dressmaking, tailoring, and sewing.
(c)
Teacher or tutor, limited to no more than four students at one
time.
(d)
Painting, sculpting, and writing.
(e)
Home crafts, such as model making, rug weaving, woodworking,
and cabinetmaking.
(f)
Computer programming and word processing.
(g)
Home child day care. Serving less than four children unrelated to homeowner in accordance with § 400-87.
(h)
All other home occupations deemed as nonintensive by the Zoning
Officer.
(2)
Intensive home occupations shall be permitted by conditional use
and shall include, but not be limited to, the following:
(d)
Other home occupations deemed as intensive by the Zoning Officer.
(e)
Off-street parking. One parking space shall be provided for
each employee not residing within the dwelling and not more than two
parking spaces shall be provided for guests or patrons. The maximum
number of off-street parking spaces shall be limited to six parking
spaces and shall not include the garage. The number of required spaces
shall be determined by the conditional use application and process.
A.
There shall be a minimum setback of 20 feet from any lot line and the use shall be screened in accordance with § 400-73.
B.
The maximum lot coverage including storage, buildings, and structures
shall not exceed 75%.
C.
In addition to buffers, landscaping and screening required by § 400-73, junkyards shall be protected and enclosed by continuous barricades or fencing that shall be a minimum of 90% opaque or solid, and a minimum of eight feet in height surrounding all areas on a lot used as a junkyard to deny access to the area at unauthorized times or locations.
D.
Access to the site of the junkyard and/or salvage yard shall be limited
to those posted times when an attendant is on duty. In order to protect
against indiscriminate and unauthorized activities, all access to
the site shall be closed and locked to deny access to the area at
unauthorized times or locations.
E.
Storage piles shall not exceed eight feet in height and no more than
two adjoining rows of junked cars shall be stored together.
F.
There shall be provided a minimum of twelve-foot-wide accessways
which shall be kept clear and free at all times to provide for access
to all parts of the premises for firefighting and other safety or
emergency purposes.
G.
Gasoline, oil, and other flammable or toxic substances shall be removed
from any junk or other items stored on the premises. Such liquids
shall be removed and disposed of in a proper manner and shall not
be deposited on or into the ground.
H.
No junk or other material shall be burned on the premises.
I.
No garbage or other waste liable to give off a foul odor or attract
vermin or insects shall be kept on the premises.
J.
All junk shall be kept a minimum of 200 feet from any stream or watercourse.
K.
All junk shall be stored or arranged to prevent accumulation of water
in addition to controlling mosquito propagation.
L.
Stormwater planning.
(1)
A stormwater plan shall be submitted as part of any land development
plan for a junkyard and the use shall allow reasonable inspection
by the Borough at any reasonable time.
(2)
The stormwater plan and the drainage facilities of the premises shall
be such as to prevent the accumulation of stagnant water on the site
and include best management practices to address chemicals or pollutants
that may adversely impact water quality.
M.
Tire storage piles shall be in accordance with 25 Pa. Code § 299.155-163.
O.
Junkyards shall comply with all other applicable Borough, state,
or federal regulations and shall provide proof of compliance upon
request of the Zoning Officer. Examples include Environmental Protection
Agency (EPA), the Solid Waste Management Act,[2] the Clean Streams Law,[3] in terms of water runoff, and storage and/or disposal
of hazardous materials.
P.
All tires of all trucks leaving the site shall be cleaned. All trucks
leaving the site shall not deposit accumulating amounts of dirt, mud
or other such substances on public roads. Runoff from the tire-cleaning
area shall be controlled and disposed of in accordance with all pertinent
local, county, state or federal standards.
Q.
The permittee shall allow inspection of the business premises by
the Borough or its appointed representative at any reasonable time.
A.
Minimum lot size shall be one acre with a minimum lot width of 100
feet.
C.
Each kennel shall have all outdoor exercise yards entirely fenced
to prevent animals from leaving the property. Exercise yards shall
be set back a minimum of 50 feet from front, side, and rear lot lines.
D.
Animals shall not be permitted to remain outdoors in exercise yards
overnight and exercise yards shall predominantly be used between dawn
and dusk prevailing time.
E.
Outdoor lighting of outdoor exercise yards shall be prohibited.
F.
The sale of related products shall remain accessory to the kennel,
and shall occupy no more than 25% of the floor area of the principal
building.
G.
All kennels shall be licensed by the Commonwealth of Pennsylvania,
if and as required by the Pennsylvania Dog Law, Act 119 of 2008, Pennsylvania
Statutes,[1] as it may be amended from time to time; kennels shall
apply to all pertained provisions of the Dog Law and 7 Pa. Code § 21.21
et seq.
[1]
Editor's Note: See 3 P.S. § 459-101 et seq.
A.
Uses within a medical clinic shall include but not be limited to
administrative and professional offices, outpatient examination/treatment
rooms, pharmacy, and other similar uses, in accordance with applicable
sections of this chapter and shall be for the use and treatment of
patients and their guests. The cumulative gross floor area of all
such subordinate uses shall not occupy more than 30% of the cumulative
gross floor area of the medical clinic.
Where a combination of uses, such as a dwelling above or to
the rear of a nonresidential use, an office above a commercial use,
or anywhere two or more uses are permitted within the same structure,
is proposed upon a single lot or within a single building, each of
those uses shall be required to meet the following criteria:
A.
Only those uses permitted in the district in which the mixed use is located shall be permitted. Where three or more dwelling units are created, the provisions of § 400-97 shall apply.
B.
A minimum of one improved, all-weather off-street parking space per bedroom of any residential use shall be provided and maintained for the exclusive use of the residents, otherwise, the off-street parking requirements of this chapter shall be met in accordance with Article XVII. Parking requirements shall be calculated for each use, but may be designed within a common or interconnected parking lot, or as otherwise provided by this chapter.
C.
Where a dwelling is proposed above or to the rear of a nonresidential
use, the following requirements shall apply:
(1)
Separate kitchen and bathroom facilities shall be provided per unit.
All applicable Borough Building Code[1] and Chester County Health Department regulations and permit
requirements regarding the installation of these facilities shall
be met and indicated on all plans. Approval from all applicable agencies
is necessary prior to issuance of a building permit by the Borough.
Trash receptacles shall be screened so as not to be visible from the
street or abutting properties except on scheduled days for trash pickup.
(2)
Each dwelling unit shall contain a minimum of 850 square feet of
living area.
(3)
Primary access to a dwelling shall not be from the nonresidential
use. Each dwelling unit shall have either direct access to the outdoors
or to a common area that has direct access to the outdoors.
(4)
Site and floor plans for the dwelling unit(s) shall be included with
the application for such use, including both exterior and interior
building alterations for an existing building, if applicable, and
the location of fire exits and fire escapes in accordance with building
and fire code requirements.
The following requirements shall apply to mobile (manufactured)
home parks:
A.
A mobile (manufactured) home park shall be developed and approved in accordance with regulations as set forth herein and in accordance with Chapter 350, Subdivision and Land Development.
C.
Maximum gross density: five mobile homes/acre.
C.
Multifamily apartment building containing three or more units.
(1)
Area and bulk requirements.
(a)
Mixed use. Where developed as a mixed use with dwelling units
on the second or higher floors, area and bulk requirements shall be
in accordance with the applicable underlying first floor use in the
district in which the use is located.
(b)
Single use (multifamily apartment building).
[1]
The required front yard shall meet the front yard requirements
for single-family detached dwellings in the zoning district in which
the multifamily use is located.
[2]
Required side yards shall be not less than 10 feet but shall
otherwise meet the minimum side yard requirements for single-family
detached dwellings in the zoning district in which the multifamily
use is located,
[3]
Rear yard requirements shall be not less than 30 feet but shall
otherwise meet the minimum side yard requirements for single-family
detached dwellings in the zoning district in which the multifamily
use is located.
(2)
Multifamily units shall not be located in a below-ground basement
where the exterior grade is more than half the height of the exterior
wall unless there is a minimum of one exterior wall where the multifamily
unit is at or above grade with the ground outside.
(3)
Pedestrian access from building entrances shall be connected to existing
public sidewalks at the perimeters of the lot where applicable.
(5)
Separate kitchen and bathroom facilities shall be provided per unit.
All applicable Borough Building Code and Chester County Health Department
regulations and permits requirements regarding the installation of
these facilities shall be met and indicated on all plans. Approval
from all applicable agencies is necessary prior to issuance of a building
permit by the Borough.
(6)
Each dwelling unit shall contain a minimum of 850 square feet of
living area.
(7)
Where there is condominium ownership of the dwelling units, a homeowners' association document shall be submitted and approved by the Borough in accordance with § 400-108E(5).
(8)
Trash receptacles shall be screened so as not to be visible from the street or abutting properties in accordance with § 400-73 except on scheduled days for trash pickup.
(9)
Single-use (not mixed use) multifamily apartment buildings shall
be in accordance with the following regulations:
(a)
The maximum length of a multifamily building shall be 150 feet.
(b)
Where more than one building is proposed, multifamily buildings
are encouraged to be located along a grid street pattern with open
space, walkways, and/or alleyways between buildings.
(c)
Dwelling units shall be set back a minimum of 15 feet from common
parking areas; however, common parking areas assigned to a particular
multifamily unit shall not be more than 200 feet from the building
in which the unit is located.
(d)
Sidewalks shall be provided from entrances to dwelling unit
to parking facilities, recreation or open space areas, refuse collection
points, and public sidewalks along any public street within or adjacent
to the tract on which the multifamily use is located.
(11)
All single use (not mixed use) multifamily developments shall
have a minimum of 10% of the land reserved for recreation areas which
shall comply with the following:
(a)
Recreation areas shall be free of obstructions, including watercourses,
floodplains, steep slopes, and wetlands.
(b)
Such an area shall be contiguous and shall be set back a minimum
of 10 feet from any residential uses or residential accessory uses.
(c)
Maintenance of this area shall be the responsibility of the
landowner, or homeowners' or condominium owners' association.
(d)
This area shall not be located within or be included in calculating
the required buffer area or setback areas, but shall be included in
calculating the maximum density permitted.
(e)
This area shall be substantially free of structures, except
those designed for recreational purposes (such as playground equipment),
and shall be usable to the residents of the associated multifamily
use.
(f)
This area shall be located and designed so as to be easily accessible
by residents of the multifamily dwelling development.
(g)
When an area designed for recreation abuts a collector street,
per the Borough Comprehensive Plan, it shall be fenced, provided with
an earthen berm, a landscaped screen, or combination thereof, that
physically separates it from the street.
(h)
Failure to maintain any recreational areas shall constitute
a violation of this chapter and shall be actionable by the Borough.
See Figure 17-2.
A.
Applicability.
(1)
It shall be unlawful for any person to erect, construct or maintain
an eating establishment having an outside service and seating area
without first applying for and securing a permit therefor as hereinafter
provided.
(2)
Any person who shall desire to open an eating establishment having
an outside service and seating area in the Borough shall make application
therefor (the applicant) in writing to the Zoning Officer. Such application
shall be accompanied by a certificate of general public liability
insurance in an amount not less than $500,000 per single occurrence
and such application fee as required by a schedule of fees established
by and amended from time to time by resolution of Borough Council.
Such application shall be made upon forms provided by the Borough
and shall set forth and include the following:
(a)
The name and address of the applicant.
(b)
A plan drawn to scale specifying the precise location of the
outside service and seating area of the eating establishment, including
a calculation of the proposed occupant load and the number of tables
and chairs.
(c)
The written consent of the property owner, if different than
the applicant.
(d)
An agreement of indemnity as required by this section.
(e)
The indoor seating capacity and occupant load of the eating
establishment.
(f)
A copy of the license issued by the Chester County Health Department
to the applicant permitting the service of food and beverages.
(g)
Such other information as may be required by the Zoning Officer
from time to time.
(3)
No action shall be taken on any application for a permit under this
subsection until the application has been completed in its entirety
and the application fee, as required by a schedule of fees established
and amended from time to time by resolution of Borough Council, has
been paid in full. The schedule of fees shall be kept at the Borough
Office. There shall be no proration of fees under this subsection.
(4)
The applicant/property owner shall well and truly save, indemnify,
defend and keep harmless the Borough of West Grove, its officers,
employees and agents from and against any and all actions, suits,
demands, payments, costs and charges for and by reason of the existence
of the eating establishment and all damages to persons or property
resulting from or in any manner caused by the presence, location,
use, operation, installation, maintenance, replacement or removal
of such restaurant-cafe or by the acts or omissions of the employees
or agents of the applicant in connection with such eating establishment.
B.
Outdoor dining areas shall be associated with a principal use of
a restaurant or other similar use and shall be located abutting that
building in which the principal use is located, and on the same lot
as the principal use.
C.
A minimum pedestrian walkway of 54 inches clear is to be maintained
in front of the eating establishment.
D.
The minimum height of umbrellas which project into the required minimum
pedestrian walkway shall be 80 inches.
E.
Advertising displayed on umbrellas or tables which are located on
the sidewalk directly abutting or adjacent to the eating establishment
shall not be permitted.
F.
There shall be no advertising in conjunction with the outdoor dining area aside from the approved signs for the associated use in accordance with Article XIX, Signs.
G.
There shall be no temporary signs or banners permitted outside of
the eating establishment.
H.
If the eating establishment provides on-street parking in front of the premises, tables at the curbline are prohibited. If the eating establishment does not provide on-street parking in front of the premises, tables are permitted at the curbline, provided that a barrier is erected which is approved by the Borough Zoning Officer in accordance with § 400-98A(2). The outdoor dining area shall, at all times, be separated from all parking areas by a barrier approved by the Borough Zoning Officer.
I.
Tables which are placed on the sidewalk directly abutting or adjacent
to the eating establishment shall not exceed 13 square feet in area.
J.
All tables, chairs, umbrellas, and other furnishings shall be temporary
in nature so as to be easily moved or removed during winter months
when outdoor dining is not in operation, severe weather, for emergency
purposes, or other occurrence as warranted by the Borough. However,
all furnishings shall be weighted or of a substantial nature so as
not to be blown off the property by strong winds and to ensure the
safety and convenience of patrons.
K.
Railings, fences, planters, and other enclosures shall not be greater
than 42 inches in height and shall be anchored, weighted, connected,
or constructed so as to prevent them from being easily moved.
L.
The eating establishment may utilize disposable plates and utensils.
M.
The owner of the eating establishment is responsible for keeping
the pedestrian walkway and seating area in front of the premises clean
and free of trash and debris.
N.
Owners of the eating establishment must stop serving customers on
or before 10:00 p.m. prevailing time and clear all tables of food,
beverages, and customers on or before 11:00 p.m. prevailing time.
O.
Owners of the eating establishment must provide table service.
P.
The eating establishment may serve beverages in disposable cups.
Q.
The owner shall maintain the eating establishment in accordance with
all Borough ordinances and state and federal laws, as well as rules
and regulations promulgated and adopted by the Borough which pertain
to this use of eating establishments.
R.
The owner shall remove the outdoor portion of the eating establishment
within 30 days after written notice if the Borough or the Zoning Officer
determines that the eating establishment is detrimental to the health,
safety and general welfare of the Borough or its citizens because
of one or more of the following conditions has occurred:
(1)
Due to pedestrian traffic changes, the eating establishment narrows
the sidewalk to the extent that pedestrian traffic is impeded.
(2)
The eating establishment interferes with the maintenance or installation
of an underground utility structure.
(3)
The eating establishment is no longer being used as such.
(4)
The eating establishment has been temporarily or permanently closed
for violation of any Borough, state or federal law and/or regulation.
(5)
The eating establishment is operated in violation of an ordinance,
rule, or regulation of the Borough of West Grove.
S.
In the event that the owner fails to remove the eating establishment
within 30 days after written notice, the Borough may proceed to remove
and restore the area and charge the owner for the cost thereof. Should
an eating establishment be removed by the Borough, the owner shall
be entitled to a return of the equipment, furnishings or appurtenances
so removed only after the payment of all costs due to the Borough
an by requesting the return in writing. The responsibility for removal
under the provisions of this subsection shall be the sole responsibility
of the owner without any obligation or cost assessed against the Borough.
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Figure 17-2: Outdoor Dining
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See Figure 17-3.
A.
Accessory parking structures. Where permitted as an accessory use
on the same lot as the principal structure, the following shall apply:
(1)
Accessory parking structures shall not be permitted at the ground
level facing a public street, except for entrances or exits as provided
below. Entrances to and the facade of the associated principal structure
shall predominate along public road frontages. Access to parking structures
from lower-functioning streets or alleys is encouraged.
(2)
Exit and entrances to accessory parking structures on a public street
along the front building facade shall not exceed a total of 30 feet
in width.
B.
Height requirements.
(1)
Accessory parking structures on the same lot or on an adjacent lot
and attached to the associated principal use and structure shall not
exceed the height of the principal structure.
(2)
Where a parking structure is the principal use on a lot or an accessory
use not on the same lot and not attached to the associated principal
structure (off site): the maximum building height permitted in the
zoning district in which the use shall be permitted.
C.
Where a parking structure is an accessory use, a parking structure
may accommodate some or all of the parking spaces for the associated
use or uses. It shall be the responsibility of the associated use
to fulfill all of its required parking through the use of the parking
structure and/or other available off-street parking methods as permitted
by this chapter. Where a parking structure is a principal use, it
may provide as many spaces as may be constructed in accordance with
the applicable area and bulk requirements and design standards.
D.
Where a parking structure is constructed as an accessory use to more
than one use or in a mixed use development to meet required off-street
parking requirements, an agreement documenting how different users
can maintain full required parking capacity shall be approved by the
Borough.
E.
Parking structures may contain retail or commercial space along the
entire length of each first-floor facade which faces a street, providing
all off-street parking requirements are met.
F.
Considerations for review of parking structures include but are not
limited to the following:
(1)
Functional requirements such as appropriate turning radius and future
trends such as electric vehicles utilizing recharging facilities and
bicycle parking, appropriate ventilation and lighting, internal circulation,
and exit/entrance planning in relation to traffic flow and impact
on public streets.
(2)
Structural requirements, including but not limited to the ability
of the structure to withstand environmental conditions (wind, snow,
rain), expansion and contraction, manage drainage through floor slope
and surface type, and stormwater management.
(3)
Safety and security, including but not limited to safety for pedestrians,
handicapped accessibility, safety of movement for pedestrians and
automobiles, air quality (ventilation), lighting (efficiency and safety,
interior and exterior), security devices (cameras, emergency call
access), cleanliness.
(4)
Signs and wayfinding measures, including but not limited to color
coding, visual cues, appropriate and clear directional signs, pedestrian
access and direction, exit and entrance signs, traffic control and
traffic flow/direction signs, and lighting/visibility.
(5)
Aesthetic features, including but not limited to integrating with
the architectural features of the surrounding buildings, maintaining
or improving the street front through similar sidewalk conditions
as adjacent uses, through providing storefronts at street level, facade
treatments, or elements such as benches, streetlights, and other similar
items to create a pleasant pedestrian experience, using landscaping
and changes in architectural treatments to enhance the facade along
a street, breaking down the scale of parking structures by implementing
varied facade elements, pilasters, materials, and using elevator cores
and stairwells as design elements to break up the horizontal and vertical
surface of the structure.
(6)
Environmental impact and features, including but not limited to landscaping,
use of solar panels integrated into the design for shading vehicles
on the top floor and as other elements in the structure's design,
using green roofs and the use rain gardens, dry wells, and other best
management practices to mitigate stormwater.
|
Figure 17-3: Parking Structure
*Photo credit: Hamilton Form Company, LLC
|
G.
Parking structures shall be designed to be compatible with the architecture
of the attached structure or adjacent buildings, as applicable, and
in accordance with the following:
(1)
On facades that front on public streets, facade design and screening
shall mask the interior ramps and create the illusion of horizontality
and shall minimize blank facades through architectural detail.
(2)
Accessory parking structures.
(a)
When located on the same lot and/or attached to the associated
principal structure or use for which off-street parking is required,
the design of the exterior of the accessory parking structure shall
be compatible with the exterior design of the principal structure.
Building materials used for the accessory parking structure shall
be the same as those used on the principal structure. Where the accessory
parking structure is attached to the principal structure, the facade
treatment of the principal structure shall be extended onto the parking
structures.
(b)
When not located on the same lot and/or not attached to the
associated principal structure or use for which off-street parking
is required, the design of the exterior of the accessory parking structure
shall be compatible with the exterior design of the associated principal
structure, so that the accessory parking structure is clearly identified
with the associated principal structure.
(3)
When a parking structure is the principal use, all facades that are
visible from a public street or sidewalk shall be complementary to
nearby commercial facades in terms of building materials and architectural
design.
(4)
Exterior finish materials of parking structures shall be of an enduring
quality. Stucco, concrete block and simulated wood products may not
be used as primary exterior finish materials. Vehicular entrances
to parking structures should be designed using residential or neighborhood
commercial architectural treatments such as recesses, peaked roof
forms and arches with the intention of minimizing the appearance of
a parking structure. The use of chains, bars, or similar security
devices that are visible from a street shall be prohibited.
(5)
Any portion of a ground-floor facade where parking spaces are visible
from the public right-of-way shall require a decorative fence and
landscaping or a knee wall to screen parking spaces. Such fence or
knee wall shall be a minimum of four feet in height. See Figure 17-4.
|
Figure 17-4: Parking Structure Screening
*Figure Source: Tredyffrin Township, PA, Zoning Ordinance
|
(6)
For parking structures with rooftop open-air parking, a five-foot
parapet wall is required for screening.
(7)
A vehicular clear sight zone shall be included at vehicular exit
areas as follows: See Figure 17-5.
(a)
The facade of vehicular exit areas shall be set back from any
pedestrian walkway along that facade a minimum of eight feet for the
portion of the facade that includes the vehicle exit area and eight
feet on each side of the exit opening.
(b)
A sight triangle shall be defined by drawing a line from the
edge of the vehicular exit area to a point on the property line abutting
the pedestrian walkway eight feet to the side of the exit lane.
(c)
In the sight triangle (bound by the parking structure wall,
pedestrian walkway and vehicular exit lane), ground cover, landscape,
or decorative wall shall be used to act as a buffer between the exit
aisle and the pedestrian walkway. Landscape or a decorative wall shall
not exceed three feet in height in order to maintain driver sight
lines to the pedestrian walkway.
(d)
The upper story facade(s) of the parking structure may overhang
the vehicular clear sight zone.
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Figure 17-5: Clear Sight Zone
*Figure Source: Tredyffrin Township, PA, Zoning Ordinance
|
The following uses shall be permitted accessory uses to a place
of worship and shall be conducted upon the same lot:
A.
All permanent swimming pools over 24 inches in depth, hereafter constructed,
installed, established or maintained, shall be enclosed by a permanent
fence of durable material a minimum of four feet but not more than
six feet in height, and shall be constructed so as not to have openings,
mesh or gaps larger than four square inches in any direction. If a
picket fence is erected or maintained, the horizontal dimension shall
not exceed four inches. All gates used in conjunction with the fence
shall meet the same specifications as to the fence itself and shall
be equipped with approved locking devices and shall be locked at all
times when the swimming pool is not in use.
B.
Hot tubs, whirlpool baths and tubs, and jacuzzi-type tubs or baths
shall not be considered swimming pools if located outdoors or designed
to be located outdoors, and are provided with permanent outdoor water
plumbing and a lockable cover.
C.
A dwelling unit or an accessory building may be used as part of such
enclosure. However, height requirements for a fence shall not apply
to the building.
D.
The provisions regulating fencing shall not apply to pools having
sides extending four feet above grade, provided that the stairs, or
other means of access to the pool, are removed or locked in such a
position as to make it readily inaccessible when not in use.
E.
All materials used in the construction of pools shall be waterproofed
and so designed and constructed as to facilitate emptying and cleaning
and shall be maintained and operating in such a manner as to be clean
and sanitary at all times.
F.
Water may not be discharged from a swimming pool directly onto adjacent
properties or rights-of-way, or into the public sanitary sewer system.
G.
Enclosed indoor pools must comply with applicable regulations pertaining
to accessory structures.
H.
Outdoor lighting, if any, shall be shielded and/or reflected away
from adjoining properties so that no beam of light, only diffused
or reflected light, enter adjoining properties.
A.
Where a rail yard is located on a lot which is adjacent to a residential district or use, all structures, storage of materials, and associated activities shall be set back 100 feet from the district boundary or use and screened in accordance with § 400-73.
B.
The maximum lot coverage including storage, buildings, and structures
shall not exceed 80%.
C.
Any area where material is stored outside shall be enclosed by a 90% solid or opaque screen accomplished through a combination of earthen berms, fencing and/or vegetative screening in accordance with § 400-73.
D.
Storage piles shall not exceed eight feet in height.
In any district, up to four domesticated animals over six months
in age may be kept as pets provided that any shelter is located in
the rear yard a minimum of 10 feet from any lot line and not less
than 50 feet from any dwelling other than that of their owner. Exercise
areas shall be enclosed and located in the rear yard a minimum of
10 feet from any lot line, except where an approved fence is present
that fully encloses the exercise area.
Within the R-4 District, the conversion of an existing single-family
dwelling into a multifamily dwelling may be permitted by conditional
use in addition to the following requirements:
A.
A single-family detached dwelling existing at the effective date
of this chapter may be converted from one dwelling unit into not more
than three dwelling units.
B.
Each dwelling unit shall contain a minimum of 850 square feet of
living area.
C.
The building and lot shall meet or exceed the required minimum area
and bulk requirements specified for single-family detached dwellings
in the district in which it is located.
D.
Separate kitchen and bathroom facilities shall be provided per unit.
All applicable Borough Building Code and Chester County Health Department
regulations and permits requirements regarding the installation of
these facilities shall be met and indicated on all plans. Approval
from all applicable agencies is necessary prior to issuance of a building
permit by the Borough.
E.
A floor plan shall be included with any application for a residential
conversion indicating interior modifications to the building.
F.
There shall be no external alteration of the building, except as
may be necessary for reasons of safety and access.
G.
The structure shall maintain the facade and appearance of a detached
dwelling with a single front entrance. The dwelling units may share
the single front entrance.
H.
Additional entrances, when required, shall be placed on the side
or rear of the building. Exterior stairways and fire escapes shall
be located on the rear wall in preference to either side wall, and
in no case be located on a front or side wall facing a street.
J.
Parking. A minimum of one all-weather off-street parking space shall
be required for each additional bedroom created as part of the residential
conversion. All parking areas shall meet the following standards:
(1)
Flexibility in location and construction of required parking.
Off-street parking may, in some cases, be the only factor restricting
conversion. Where physically possible, all spaces should be provided
off-street. Where it is judged by Borough Council to be undesirable
to provide all required spaces off street and where on-street parking
is permitted, all or part of the required spaces may be met through
on-street parking where approved. In computing the amount of on-street
spaces available, 22 feet of usable lot frontage along a public street
where parking is permitted may be counted as one parking space.
(2)
All off-street parking spaces shall have unrestricted ingress
and egress to the street.
(3)
All newly constructed driveways and parking spaces shall be
set back a minimum of five feet from all property lines and shall
meet all size and other requirements of this chapter.
(4)
Every effort shall be made to locate parking spaces in the rear
or side yards. Front yard parking spaces are strongly discouraged.
If the front yard must be used, in no case shall more than 25% of
the front yard be used for parking spaces or driveways.
(5)
There shall be not more than one access point to the parking
area.
(6)
The development plan required to be filed by the applicant should
clearly set forth and label the total number of parking spaces required
and the number and area that will be placed in reserve as well as
show the physical layout and design.
A.
Permitted areas for wireless communications facilities. Wireless
communications facilities, including communications antenna support
structures and wireless communications equipment buildings, may be
located on land located within the C-3 Highway Commercial and LI Limited
Industrial Zoning Districts, through the issuance of a conditional
use decision and order issued by the Borough Council. Additionally,
wireless communications facilities, including all components thereof,
as specified herein, may be located on any land owned by the Borough.
In the case of the location of such facilities on land owned by the
Borough, no conditional use application or approval will be necessary;
however, the Borough Council will determine whether permission will
be granted for the location of such facilities on Borough-owned land,
pursuant to the terms of a leasing or other agreement, which will
incorporate the requirement of compliance with such substantive regulations
of this chapter, as amended, as determined to be necessary by the
Borough Council.
B.
Location. Wireless communications facilities may be located on a
land site only within a zoning district where permitted as a conditional
use, or on Borough-owned land, or as an attachment to an existing
structure, as provided herein. Prior to the issuance of a conditional
use approval for the construction and installation of any communications
antenna support structure, the applicant for conditional use approval
must prove by a preponderance of evidence that the applicant cannot
adequately extend or in-fill its communications system by the use
of equipment, such as repeaters, antennas or other similar equipment
installed on existing structures, such as utility poles or other tall
structures. This requirement will be deemed to have been satisfied
through the submission of a report or testimony by a qualified radio
frequency engineer, verifying that the proposed communications antenna
(or other wireless communications facility component) will advance
the provision of wireless communications service. The Borough Council
will limit any evidence or objections sought to be introduced by any
objecting party seeking to question the need for the installation
of any wireless communications facility (or component thereof). The
purpose of this subsection is merely to confirm that the provider
of wireless communications service has made a threshold determination
that the component for which municipal approval is sought will substantially
improve the level of wireless communications service provided to the
consumer(s) of such service.
C.
Maximum heights. No communications antenna support structure shall be taller than 125 feet, measured from undisturbed ground level, unless the applicant proves that another provider of wireless communications service has agreed to co-locate communications antennas on the applicant's communications antenna support structure or the applicant demonstrates that a greater tower height is necessary to provide satisfactory service for wireless communications. In such case, the communications antenna support structure shall not exceed 150 feet, unless the applicant secures approval as a condition of the conditional use process from the Council members by demonstrating such proof as would be required in the case of a special exception under Article XXI of this chapter. In no event shall mounted communications antennas height on any tower extend more than 25 feet above the installed height of the tower. While evidence relating to the criteria set forth in Article XXI of this chapter shall be considered by the Borough Council, the Borough Council will impose reasonable limitations on the admissibility of evidence sought to be introduced by any objecting party seeking to question the need for any wireless communications facility (or component thereof). The requirement of establishing a need for any such component and/or the height of any proposed wireless communications support structure shall be deemed to be satisfied through the submission of a report or testimony by a properly qualified radio frequency engineer confirming that the installation of the proposed wireless communication facility will substantially improve the provision of wireless communications service.
D.
Wireless communications equipment building. In those zoning districts
where communications antenna and communications antenna support structures
are permitted by conditional use, or on Borough-owned property, either
one single-story wireless communications equipment building, not exceeding
500 square feet in area, or metal boxes placed on concrete pads, of
a total aggregate square footage of 600 feet, housing the receiving
and transmitting equipment necessary to the proper functioning of
the wireless communications facility, may be located on the land site
selected for installation and location of the wireless communications
support structure, for each unrelated company sharing communications
antenna on the wireless communications support structure. The building
and/or concrete pads may be located within a side yard or rear yard,
provided that:
(1)
The concrete pad and metal boxes or buildings are located 25
feet away from the property line, or in the case of the building,
the minimum setback distance applicable in the zoning district, whichever
is greater.
(2)
The combined height of the concrete pad and metal boxes or building
does not exceed eight feet.
(3)
An evergreen landscape buffer screen, having a planted height
of six feet, is installed and maintained, so as to provide a visually
effective barrier, for individuals standing at ground level in the
nearby area, between the building or metal boxes and any adjacent
property.
E.
Other facilities. With the exception of the wireless communications
equipment building housing the receiving and transmitting equipment
necessary to the proper functioning of the tower and communications
antenna, all other structures and uses ancillary to communications
antenna and communications antenna support structures, including but
not limited to a business office, a mobile telephone switching office,
maintenance depot and vehicular storage area, shall not be located
on any land site, unless otherwise permitted by the applicable district
regulations in which the site is located. Additionally, the wireless
communications equipment building must comply with the setback regulations
pertaining to structures applicable in the zoning district in which
the building is located.
F.
Attachments to existing structures. In all zoning districts, an applicant
may, upon conditional use approval being granted, locate communications
antenna and their support members (but not a communications antenna
support structure) on an existing smoke stack, utility pole, water
tower, commercial or industrial building, or any similar tall structure,
provided:
(1)
The height of the communications antenna and apparatus attaching
the communications antenna thereto shall not exceed 10 feet in height,
unless the applicant proves that a greater antenna height is required
to make it an adequately functional component of the applicant's
system, but in no case shall such height exceed 25 feet.
(2)
The applicant proves that such location is necessary to satisfy
their function in the applicant's wireless communications system,
or will obviate the need for the erection of a communications antenna.
Support structure in another location where the same is permitted.
(3)
The applicant submits a plan showing each of the contiguous
properties, identified by tax parcel number and owner, depicting all
buildings and structures located on such properties and their principal
and/or accessory uses; provided, however, that the applicant shall
not be required to trespass upon the land of another in order to obtain
the information set forth in this provision.
(4)
The applicant employs concealment or other reasonably appropriate
stealth measures (the determination of which shall be in the Council's
reasonable discretion) to camouflage or conceal antennas, such as
the use of neutral materials that hide antennas, the location of antennas
within existing structures, such as steeples, silos and advertising
signs, the replication of steeples and other structures for such purpose,
the simulation of elements of rural landscapes, such as trees and
such other measures as are available for use for such purpose.
(5)
The proposed use otherwise complies with the requirements of
this chapter (with the exception of the provisions herein pertaining
to the maximum height and location of a communications antenna support
structure or tower).
(6)
If the Council finds that location of antenna on an existing
structure obviates the need for the construction and erection of a
communications antenna support structure in any zoning district in
which the same is a conditional use, the Council may authorize, by
conditional use, the location of either a building not exceeding 500
square feet or metal boxes placed on a concrete pad not exceeding,
in the aggregate, 600 square feet in area, housing the receiving and
transmitting equipment necessary to the operation of the antenna(s),
for each unrelated necessary to the operation of the antenna(s), for
each unrelated entity or company sharing communications antenna space
on the smokestack, utility pole, water tower, commercial or industrial
building or other similar tall structure. The building and/or concrete
pads may be located within a side yard or rear yard, provided that:
(a)
The concrete pad and metal boxes or buildings are located within
25 feet away from the property line, or in the case of the building,
the minimum setback distance applicable in the zoning district, whichever
is greater.
(b)
The combined height of the concrete pad and metal boxes or building
does not exceed eight feet.
(c)
An evergreen landscape buffer screen, having a planted height
of six feet, is installed and maintained, so as to provide a visually
effective barrier for individuals standing at ground level in the
nearby area, between the building or metal boxes and any adjacent
property.
G.
Setbacks from tower base. The nearest point of any communications
antenna support structure (exclusive of any guy wires or guy wire
anchors) shall be located not less than a distance equal to the height
(in linear feet) of the communications antenna support structure from
any adjoining property line and any street.
H.
Antenna support structure safety.
(1)
The applicant shall demonstrate that the proposed Communications
Antenna and Communications Antenna Support Structure are designed
and will be constructed in accordance with all applicable provisions
of the Uniform Construction Code (UCC) of the Commonwealth of Pennsylvania
standards for such facilities and structures and all applicable industry
standards, including but not limited to those standards developed
by the Institute of Electrical and Electronics Engineers, Telecommunications
Industry Association and American National Standards Institute. The
applicant shall demonstrate that the proposed wireless communications
facility is designed in such a manner so that no part of the facility
will attract/deflect lightning onto adjacent properties;
(2)
When a communications antenna is to be located on an existing
structure and the general public has access to the structure on which
the communications antenna is to be located, the applicant shall provide
engineering details showing what steps have been taken to prevent
microwave binding to wiring, pipes or other metals. For purposes of
this section, the term "microwave binding" shall refer to the coupling
or joining of microwave energy to electrical circuits, including but
not limited to the coupling or joining of microwave energy to electrical
circuits, including but not limited to power lines and telephone wires,
during which process the transference of energy from one to another
occurs.
(3)
The information necessary to demonstrate compliance with the
above requirements is to be submitted concurrently with the submittal
of an application for a building permit.
I.
Fencing. A security fence shall be required around the communication
antenna support structure and other equipment, unless the communications
antenna is mounted on an existing structure, as provided herein.
J.
Landscaping. The following landscaping shall be required to screen
as much of a newly constructed communications antenna support structure
as possible. The Borough Council may permit any combination of existing
vegetation, topography, walls, decorative fences or other features
instead of landscaping, if in the discretion of the Borough Council,
they achieve the same degree of screening as the required landscaping.
(1)
An evergreen screen shall be required to surround the communications
antenna support structure. The screen can be either a hedge planted
10 feet on center maximum, or a row of evergreen trees planted 10
feet on center maximum. The evergreen screen shall be a minimum planted
height of six feet at planting and shall be capable of growing to
a minimum of 15 feet at maturity.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(2)
Existing vegetation on and around the land site shall be preserved
to the greatest extent possible.
K.
Design. In order to reduce the number of communications antenna support
structures in the Borough in the future, the proposed communications
antenna support structure shall be designed to accommodate other potential
communication users, including not less than one wireless communication
company, and not less than one local police, fire or ambulance service
communications provider, through the addition or incorporation of
antenna anchored at a location or in locations on the communications
antenna support structure which the applicant does not intend to anchor
its communications antenna.
L.
Licensing and applicable regulations. The applicant must demonstrate
that it is licensed to provide wireless communications services by
the Federal Communications Commission (FCC), through the submission
of a copy of a license issued by the FCC authorizing the provision
of wireless communications services by the applicant directly or through
licensure or other authorized permission. A copy of this license is
to be provided to the Borough within 15 days of the submission of
an application for conditional use or other municipal approval.
M.
Proof of inspection. The owner of a communications antenna support structure shall submit to the Borough Engineer proof of the annual inspection of the communications antenna support structure and communications antenna by an independent professional engineer, as required by the ANSI/EIA/TIA-222-E Code. Based upon the results of such an inspection, the Borough Council may require removal or repair of the wireless communications facility. In the event the annual inspection referred to above is not performed in a timely manner, the landowner, as well as the applicant or other licensed provider of wireless communications service, shall be subject to civil enforcement proceedings, in accordance with Article XX of this chapter, and such other remedies as are provided by law.
N.
Soil report and inspection by engineer.
(1)
A soil report complying with the standards of Geotechnical Investigations,
ANSI/EIA-222-E, or a substantively similar report, shall be submitted
to the Borough Engineer to document and verify the design specifications
of the foundation for communications antenna support structure and
anchors for the guy wires, if used. The soil report must, in the opinion
of the Borough Engineer, establish that the communication antenna
support structure may be properly installed and maintained at the
proposed site. Prior to the Borough's issuance of a permit authorizing
construction and erection of a communications antenna support structure,
a structural engineer registered in Pennsylvania shall issue to the
Borough a written certification of its ability to meet the structural
standards offered by either the Electronic Industries Association
or the Telecommunication Industry Association and certify the proper
construction of the foundation and the erection of the communications
antenna support structure. Where an antenna is proposed to be attached
to an existing structure, such engineer shall certify that both the
structure and the antenna and their appurtenances meet minimum industry
standards for structural integrity. These requirements shall constitute
a required condition of any conditional use approval for the proposed
use.
(2)
However, this documentation is to be submitted concurrently
with an application for the issuance of a building permit. All reasonable
engineer fees associated with the review of these reports or other
documentation confirming the soil suitability and structural integrity
of a communications antenna support structure or anchoring for a communications
antenna will be paid by the applicant, within 30 days of the submission
of an invoice (which invoice must provide a reasonably detailed explanation
of the engineering services provided at the Borough's request).
O.
Required parking. If the wireless communication facility is fully
automated, an adequate parking area shall be required for all maintenance
workers. If the wireless communication facility is not fully automated,
the number of required parking spaces shall equal the number of employees
present at the wireless communication facility during the shift with
the greatest number of employees or staff.
P.
Visual appearance. Communications antenna support structures shall
be painted silver or another color approved by the Borough Council
or shall have a galvanized finish. All wireless communications equipment
buildings and other accessory facilities shall be aesthetically and
architecturally compatible with the surrounding environment and shall
maximize the use of a like facade to blend with the existing surroundings
and the neighboring buildings to the greatest extent possible. The
Borough Council may require that:
(1)
Communications antenna support structures be painted green up
to the height of nearby trees.
(2)
Wireless communications equipment buildings, which house electrical
transmitter equipment be placed underground, unless determined to
be detrimental to the functioning and physical integrity of such equipment.
(3)
In making these determinations, the Borough Council shall consider
whether its decision will:
(a)
Promote harmonious and orderly development of the zoning district
involved.
(b)
Encourage compatibility with the character and type of development
existing in the area.
(c)
Benefit neighboring properties by preventing a negative impact
on the aesthetic character of the community.
(d)
Preserve woodlands and trees existing at the site to the greatest
possible extent.
(e)
Encourage sound engineering and land development design and
construction principles, practices and techniques.
Q.
Site plan. A full site plan shall be required for all wireless communications facilities, showing all existing and proposed structure(s) and improvements, including but not limited to the communications antenna, communications antenna support structure, building, fencing, buffering and ingress and egress. The plan shall comply with Chapter 350, Subdivision and Land Development, with the exception of such planned documentation/information which would be required to demonstrate compliance with those provisions of Chapter 350, Subdivision and Land Development (or the Pennsylvania Storm Water Management Act)[1] pertaining to stormwater management.
[1]
Editor's Note: See 32 P.S. § 680.1 et seq.
R.
Signs. No sign or other structure shall be mounted on the wireless
communications facility, except as may be required by the Federal
Communications Communication (FCC), Federal Aviation Administration
(FAA) or other governmental agency, and except for an identifying
sign of no greater than three square feet, setting forth the name
and means of contacting the operator.
S.
Lighting. Communications antenna support structures shall meet all
FAA regulations. No communications antenna support structure may be
artificially lighted, except when required by the FAA or other governmental
authority. When lighting is required by the FAA or other governmental
authority, it shall be limited to no greater than 50% in excess of
the minimum lumens and number of lights so required and, if not inconsistent
with FAA or other governmental regulations, shall be oriented inward
so as not to project onto surrounding properties. The applicant shall
promptly report any outage or malfunction of FAA-mandated lighting
to the appropriate governmental authorities and to the Borough Secretary.
T.
Maintenance. The applicant shall describe anticipated maintenance
needs, including landscaping, frequency of service, personnel needs,
equipment needs and the traffic safety and notice impacts of such
maintenance. This information shall be submitted, in writing, in the
form of a proposed maintenance schedule, as part of the conditional
use application or other application for zoning or building authorization.
U.
Vehicular access. In the event a communications antenna is attached
to an existing structure, vehicular access to the wireless communications
facility shall not interfere with the parking or vehicular circulation
on the site for the existing principal use.
V.
Co-location. If the applicant proposes to build a communications
antenna support structure (as opposed to mounting the communications
antenna on an existing structure), the applicant shall demonstrate
that it has contacted the owners of structures of suitable location
and height (such as smoke stacks, water towers and buildings housing
existing communications antenna support structures) within a one-mile
radius of the site proposed, and asked for permission to install the
communications antenna on an existing structure, as set forth in this
subsection, or demonstrate that the applicant cannot adequately extend
or infill its communication system through the use of these structures.
W.
Abandonment.
(1)
If use of the wireless communications facility is abandoned or is not properly maintained (so as to assure continued structural integrity and safety), or if the wireless communications facility is not in use for a period of six months or longer, the owner shall demolish and/or remove the wireless communications facility from the land site within six months of such abandonment and/or nonuse. All costs of demolition and/or removal shall be borne by the owner of the wireless communications facility. In the event the demolition and/or removal referred to above is not performed in a timely manner, the owner shall be subject to civil enforcement proceedings, in accordance with Article XX of this chapter and other legal remedies available to the Borough.
(2)
Further, prior to constructing or installing any wireless communications
facility, the applicant must submit financial security in an amount
sufficient to cover the cost of disassembly, demolition and removal
of the wireless communications facility. The form of the financial
security shall be of a type described in Section 509 of the Pennsylvania
Municipalities Planning Code, 53 P.S. § 10509(c), including
but not limited to federal- or commonwealth-chartered lending institution
irrevocable letters of credit, restrictive or escrow accounts in such
lending institutions, as well as bonds. Approval of the type of financial
security to be submitted shall be determined by the Borough Council;
however, approval of the form of security and of the provisions thereof
(e.g., the language of a bond) shall not be unreasonably withheld.
The amount of financial security shall be determined by the Borough
Council, based upon information submitted by the applicant and reviewed
by either the Borough Engineer or other qualified consultant. In the
event of a dispute concerning the appropriate amount of financial
security, the Borough Engineer and the applicant shall select a qualified
third party to arbitrate the dispute informally and submit a determination
to the Borough Council; the amount of financial security determined
by the neutral third party shall be binding. The financial security
may be utilized for the disassembly, demolition and removal of any
wireless communications facility, in the event that the facility is
either: (a) not properly maintained; (b) abandoned; or (c) not used
for a period of six months or longer. The financial security shall
be so utilized after 30 days' advance written notice is forwarded
by United States mail or private courier service (e.g., Federal Express,
United Parcel Service) to any address provided by the applicant as
part of the submission of an application for zoning or other municipal
or other building authorization or to any other address, provided
by applicant for the purposes of the receipt of notice under this
provision. The bond or other security will be released to the applicant
promptly upon the expiration of the lease, license or other permission/authorization
to make use of the subject property for the maintenance of a wireless
communication facility.
(3)
In addition, prior to the issuance of any building permit or
use authorization or similar municipal authorization which may result
in construction or installation of a communications antenna, communications
antenna support structure or wireless communications facility, a declaration
of covenant must be submitted by the applicant and approved by the
Borough Council for recording in the Office of the Recorder of Deeds
of Chester County, by which the landowner and is/her/its successors
in interest, authorize Borough officials and Borough designees to
effectuate the disassembly, demolition and/or removal of any wireless
communications facility antenna or similar structure, as contemplated
by this provision. Appropriate documentary proof must be submitted
to the Borough staff confirming the recording of the declaration of
covenant prior to commencement of any construction or installation
of any communications antenna, communications antenna support structure
or wireless communications facility. The covenant requiring proper
maintenance (or removal in the case of abandonment) of a wireless
communications facility shall expire promptly upon the expiration
of any lease or other arrangement by which the applicant has permission
to maintain a wireless communications facility (or any component thereof)
on a land site or other property. Upon submission of appropriate documentary
proof of the expiration of the lease or other permission specified
herein, the Borough will authorize the recording of a document memorializing
the expiration of the effective terms of the declaration of covenants.
(4)
The requirement of this section may be waived or altered by
the Borough Council in the event that either:
(a)
Another appropriate form of guarantee for the continued maintenance
(or removal in the case of abandonment) of a wireless communications
facility is provided; or
(b)
The Borough Council is satisfied that adherence to these requirements
would be unnecessary, duplicative or violative of Federal Telecommunications
Act of 1996, or other applicable law.
X.
Notification. All applicants seeking to construct, erect, relocate
or alter a wireless communications facility shall file a written certification
with the Borough Zoning Officer that all property owners within a
one-thousand-foot radius of the proposed communications antenna support
structure have been given written notice by the applicant, mailed
a minimum of 14 days prior to the date of the hearing of the applicant's
intent to construct, erect, relocate or alter a wireless communications
facility. The certification shall contain the name, address and tax
parcel number of the property owners so notified. Such notice shall
also contain the date and time of the Borough Council meeting at which
the applicant will appear and demonstrate compliance with the provisions
of this chapter.
Y.
Interference. In the event the wireless communications facility causes interference with the radio, subscriber equipment or television reception of any Borough resident for a period of three consecutive days, the resident shall notify the Borough, in writing, of such interference. The Borough shall notify the owner/operator of the wireless communication facility of such interference and the owner/operator, at the owner/operator's sole expense, shall thereafter ensure that any interference problems are promptly corrected. In the event the interference is not corrected in a timely manner, the owner/operator shall be subject to the civil enforcement proceedings, in accordance with Article XX of this chapter, and may have the conditional use or other municipal approval revoked.
Z.
Annual report. In January of each year, the owner or operator of
any wireless communications facility shall pay the registration fee
established from time to time by resolution of the Borough Council
and shall provide the Borough Secretary with the following information.
Changes occurring with respect to any such reported information shall
be reported to the Borough Secretary, in writing, within 10 days of
the effective date of such change(s).
(1)
The names and addresses of the owner of the wireless communications
facility and any organization utilizing the wireless communications
facility and telephone numbers of the appropriate contact person in
case of emergency.
(2)
The name and address of the property owner on which the wireless
communications facility is located.
(3)
The location of the wireless communications facility by geographic
coordinates, indicating the latitude and longitude.
(4)
Output frequency of the transmitter.
(5)
The type of modulation, digital format and class of service.
(6)
The effective radiated power of the communications antenna.
(7)
The number of transmitters, channels and communications antenna.
(8)
A copy of the owner or operator's FCC authorization. A
copy of the FCC license shall be sufficient for this purpose.
(9)
Communications antenna height.
(10)
Power input to the communications antenna.
(11)
A certification signed by an authorized representative of the
applicant that the wireless communications facility is continuing
to comply with this chapter and all applicable governmental regulations,
including but not limited to output and emission limits established
by the FCC.
(12)
A certificate of insurance issued to the owner/operators evidencing
that there is adequate current liability insurance in effect insuring
against liability for personal injuries and death and property damage
caused by the land site and the wireless communications facility.
AA.
Privately
owned and operated communications antennas, including residence-mounted
satellite dishes and television receiving devices, and ham or citizen
band radio antennas, are exempt from the regulations of this section.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
A.
General service, maintenance, and repair facilities shall be permitted,
provided that they are conducted within an enclosed building that
complies with all applicable provisions of this chapter.
B.
If gasoline pumps are to be installed, all requirements for a vehicle
fueling station shall be satisfied including but not limited to applicable
fire code, local, state, and federal requirements.
C.
Any use involving the generation of waste grease and/or oil shall
be required to install traps to collect these waste products, including
but not limited to oil water separators. Such uses shall also demonstrate
a regular and proper means of disposal of such greases and/or oils,
as required by applicable state and/or federal regulations.
D.
No outdoor stockpiling of tires, trash, or vehicle parts is permitted except as permitted by § 400-72 and screened in accordance with § 400-73. An area enclosed by a wall or fence, screened from view of adjoining properties, shall be provided whenever outdoor storage is required. No materials may be stored so as to create a fire hazard.
E.
Satisfactory provision shall be made to minimize harmful or unpleasant
effects such as noise, odors, fumes, glare, vibration and smoke.
F.
All exterior vehicle storage areas shall be screened from view of
any adjoining residential use or residentially zoned lot or zoning
district.
G.
There shall be no more than two parked vehicles awaiting service
per service bay in an open area or within a required parking space
or lot and shall not exceed greater than 30% of the required parking
spaces, any additional vehicles shall be in an enclosed or fenced
area.
H.
Junk vehicles may not be stored in the open at any time; any junked
vehicles shall be stored within an enclosed or fenced area.
I.
The demolition or cannibalization of junked vehicles is prohibited.
A.
Tract area and density requirements. Each townhouse shall be part
of a town house development on a tract ("tract") developed exclusively
for townhouses. Such a tract shall have a minimum of six gross acres.
The density of townhouses in the development shall not exceed 11 dwelling
units per net acre of tract area. Such net tract area shall be determined
by subtracting the following from the gross tract area:
(1)
All wetlands regulated as such by the United States Army Corps
of Engineers ("Corps") and/or the Pennsylvania Department of Environmental
Protection ("DEP").
(2)
All existing and proposed public road right-of-way offered for
dedication to the Borough.
(3)
All existing (not to be vacated) and proposed easements for
public water supply and sanitary sewerage (overlapping easements to
be counted once) not within road right-of-way already subtracted.
B.
In each townhouse development, a sidewalk with a width of a minimum
of four feet shall be provided along a minimum of one side of all
public streets offered for dedication, except for areas used for driveway
aprons.
C.
Each townhouse shall comply with the following:
(1)
No townhouse shall be part of a set (or "block") or connected
townhouse unit that includes more than four townhouses.
(2)
The following minimum setbacks shall apply to all townhouse
blocks and related improvements:
(a)
Thirty feet from tract boundaries except on public road frontage.
(b)
Twenty-seven feet from the face of a road curb or the edge of
paving for roads without a curb for public dedicated roads.
(c)
Fifteen feet from wetlands regulated as such by the Corps or
DEP.
(d)
Buildings, patios and decks shall be separated by a minimum
of 12 feet from all paved parking areas and common driveways.
(e)
Each patio and deck for a townhouse block shall be separated
by a minimum of 20 feet from all patios and decks of other townhouse
blocks.
(3)
Minimum separation between buildings shall be 30 feet.
(4)
The minimum width for each townhouse unit shall be 24 feet.
(5)
Parking requirements. There shall be a minimum of two paved parking spaces for the exclusive use of each townhouse. One such space shall be in a garage within the townhouse and the other shall be on the driveway which accesses the garage, which driveway shall be a minimum of 25 feet in length measured from the common driveway or public road to the garage door. Where there is a conflict, the residential off-street parking requirements in Article XVII shall not apply to townhouse developments in this section, and the requirements of this section shall apply.
D.
Where there is condominium ownership of the dwelling units or common open space created as part of the development, a homeowners' association document shall be submitted and approved by the Borough in accordance with § 400-108E(5).
A.
Prerequisites for townhouse cluster development option. In order
to use the standards of this section, a proposed development must
meet the following preconditions:
C.
Density and area and bulk requirements. The overall density (i.e.,
the total area in the tract which is either part of the lot size of
the individual townhouse lots or common open space, which does not
include any area in public rights-of-way, utility easements, stormwater
retention facilities and drainage easements, divided by the total
number of dwelling units) of the townhouse cluster development shall
be a minimum of 12,500 square feet per dwelling unit. No more than
six townhouse dwellings may be part of a connected group or row of
dwellings. A subdivided lot shall be provided for each dwelling unit.
Following are the minimum requirements for lot area and the placement
of structures on lots:
(1)
Lot size: 2,500 square feet.
(2)
Lot width at building line: 24 feet.
(3)
Lot width at street line: 10 feet.
(4)
Building setback line: 40 feet.
(5)
Front yard: 40 feet in depth.
(6)
Side yards: each townhouse which is an end unit (i.e., one with
only one common wall) shall have a lot with a side yard of not less
than 15 feet in depth, provided that unenclosed porches may be extended
from the dwelling up to five feet into the side yard.
(7)
Rear yard: 25 feet in depth, provided that unenclosed decks
and porches may be extended from the dwelling up to 12 feet into the
rear yard.
(8)
Minimum distance between buildings: 30 feet.
D.
Design standards.
(1)
Each single-family attached dwelling within a townhouse cluster
development shall have a minimum of 1,250 square feet of living area,
two bedrooms, and a full basement. For purposes of these regulations,
"living area" shall not include garages, porches or basements, whether
finished or not. However, any area counted as living area must be
finished. "Finished" means that the area is floored, framed, all wall
surfaces (e.g., dry wall) are complete and electric and heat are functional
and comply with applicable building code requirements. A bedroom which
is not finished may not be counted toward the minimum bedroom requirement.
(2)
All utilities shall be placed underground.
(3)
The conditional use application shall include a landscaping
plan prepared by a registered landscape architect. This plan shall
include basic landscaping plans for the individual lots, as well as
an overall design plan for required common open spaces and landscape
buffer areas. The developer shall provide any landscaping for common
areas and individual lots according to the approved overall landscaping
plan and the basic individual lot plans. Streetlights, sidewalks and
all proposed signage shall be shown on the landscape plan. The plan
shall also identify all existing stands of mature trees.
E.
Common open space. These provisions are intended to establish interrelated
use regulations, performance standards, design and locational criteria
for all designated open space land. Designated open space is land
identified for recreational use or other open space purposes on the
subdivision plan, which is not part of an individual lot for a dwelling
unit.
(1)
Calculating required common open space area. The following are
limitations on land which is counted for the purposes of determining
compliance with open space requirements:
(a)
The surface area of existing and proposed bodies of water, areas
with seasonal high water table soils as designated in the soil survey,
utility easements, rights-of-way, required landscape buffer areas,
and areas to be used for permanent sedimentation and erosion control
or stormwater management facilities, including drainage easements
and natural watercourses and areas regulated as wetlands by DEP or
United States Army Corps of Engineers, shall not be counted.
(b)
When land with a vertical change in grade of six feet or more
and slopes of 15% or more is designed as open space, only 1/2 of such
slopes may be counted, provided that only 1/4 of the land with vertical
change in grade of six feet or more and slopes of 25% or greater may
be counted.
(c)
When land which is in a one-hundred-year floodplain or which
has alluvial soils as identified in the soil survey is designated
as open space, only 1/4 of such land and no portion which has a seasonally
high water table may be counted.
(d)
No area within 100 feet of an area used for retail sales of
agricultural products, whether or not grown or raised on the premises,
shall be counted. Such retail uses include all accessory parking areas.
(2)
Delineating common open space areas.
(a)
Locational criteria. The location and proposed use of land designated
as common open space must be shown on preliminary and final subdivision
and land development plans and will be approved finally, for purposes
of these regulations, when the final subdivision plan is approved.
(b)
Areas identified for recreational uses must be suitable for
the proposed use.
(c)
In planning a development, land with the following characteristics
should be given a high priority for designation as open space:
[1]
Land in and contiguous to floodplains.
[2]
Areas with steep (15% to 24%) and very steep (25% and greater)
slopes.
[3]
Woodlands and stands of trees where the majority of trees are
greater than 12 inches in caliper.
[4]
Land surrounding surface water resources such as lakes, ponds,
streams and springs.
[5]
Significant groundwater recharge areas (aquifers).
(3)
Design standards for common open space areas. The common open
space designated within the development shall not be only left over
or otherwise unusable land. Common open space areas shall be laid
out according to sound site design principles and shall provide appropriate
access for residents of the development. Land designated as part of
the minimum common open space area requirement must meet the following
design standards:
(a)
Minimum contiguous area. A designated open space parcel shall
have a contiguous area of not less than 1/2 acre.
(b)
Minimum parcel width. An open space parcel shall have a minimum
average width of 50 feet in all directions.
(c)
Maximum impervious coverage. Not more than 5% of the total required
common open space area shall be covered by impervious surfaces.
(d)
Minimum setbacks.
[1]
New property lines shall be located so that any existing structures
within the designated open space shall be no less than 50 feet from
any lot line created by the proposed subdivision.
[2]
New structures, including recreational structures, but not signs,
boundary fences, walls, benches, light standards and landscaping,
shall have a setback of 100 feet from all property lines.
(4)
Use of areas designated as common open space. Land designated
as common open space may be used for any of the following purposes
and no others:
(a)
Conservation uses, including woodlands, and other natural areas
such as grasslands, marshes, lakes, ponds, streams and floodplains.
(b)
Agricultural uses including cropland, pasture, silviculture
and nurseries.
(c)
Passive recreational uses such as parks and natural trails.
(d)
Active recreational uses which are not for profit and for the
use of the residents and their guests, including playing fields, playgrounds,
tennis and basketball courts and swimming pools.
(e)
Planted areas used for visual screening purposes and noise control.
(f)
Presently existing structures may be used only in connection
with the open space uses.
(g)
The following open space uses, when approved by Council:
[1]
Bridges.
[2]
Signs which are accessory to permitted open space uses. Whenever
reasonably possible, signs should be placed outside of designated
open space areas.
[3]
Boundary fences and walls.
[4]
Recreational structures. The design of all recreational buildings
and structures must be compatible with the character of the surrounding
area, other open spaces and the development as a whole. An architect's
or landscape architect's analysis of the compatibility of the
proposed design, siting, materials and colors should accompany all
applications for approval.
(5)
Common open space ownership and maintenance.
(a)
The common open space areas or any part thereof may be offered
to the Borough which may, but is not obligated to, accept ownership
thereof. If the Borough accepts ownership of any part of the common
open space, such acceptance shall not affect the overall density of
the development.
(b)
The developer shall cause the common open space areas not conveyed
to the Borough to be deed restricted so that their use will be limited
perpetually to the uses shown on the approved final subdivision plan
and those authorized by this article.
(c)
For all common open space areas not conveyed to the Borough,
the developer shall identify the entity (called "homeowners'
association" in this section) which will own the open space and will
insure that the open space is maintained properly in perpetuity.
(d)
The Borough Solicitor shall review the legal documents creating
the homeowners' association, the association's bylaws and
the deed restrictions and shall determine whether these documents
comply with the provisions of this article. It is important to the
Borough that the open space owner be financially responsible and have
both the means and incentive to maintain and pay the taxes on the
property in a timely manner.
(e)
The homeowners' association shall be organized in compliance
with the following:
[1]
The homeowners' association shall be organized by the landowner
or developer and shall be in existence and operating before the sale
of any lots within the development.
[2]
Membership in the homeowners' association shall be mandatory
for all purchasers of dwelling units within the development with common
open space or common facilities (e.g., for stormwater management),
and must bind all purchasers' heirs, successors and assigns.
[3]
Homeowners' association members shall share equitably the
costs of maintaining the common open space areas.
[4]
The homeowners' association declaration and bylaws shall
allow the association to place a lien against an individual member's
property if the member fails to pay his or her share of the assessed
open space maintenance costs.
[5]
The homeowners' association shall be responsible for maintenance
of insurance and payment of taxes on the common open space. All homeowners
shall be responsible jointly with the association for the payment
of taxes.
[6]
The homeowners' association shall have the authority and
the ability to promptly correct hazardous conditions, nuisances and
ordinance violations with respect to the open space areas.
[7]
The landowner or developer shall provide the Borough with a
plan for adequate administration of the homeowners' association's
affairs.
(f)
In the event that the homeowners' association shall, at
any time after the creation of the common open space, fail to maintain
said open space and/or any facilities located therein in reasonable
order and condition in accordance with any and all approved plans,
the Borough shall have the right, and the documents creating the homeowners'
association shall acknowledge such right, to serve written notice
upon the association or upon the residents and owners, setting forth
the manner in which the association has failed to maintain the open
space and/or facilities in reasonable condition, and said notice shall
include a demand that such deficiencies be cured within 30 days thereof,
and shall state the date and place of a hearing, which shall be held
within 14 days of the notice. At such hearing, Borough Council may
modify the terms of the original notice as to the deficiencies and
may give an extension of time within which they shall be cured. If
the deficiencies set forth in the original notice or in the modifications
thereof shall not be cured within said 30 days or any extension thereof,
the Borough, in order to preserve the taxable values of properties
and to prevent the open space from becoming or continuing as a public
nuisance, may enter upon said open space and maintain the same for
a period of one year, at the expense of the association. The cost
of any such maintenance shall be borne by the owners of the lots within
the development from which the open space shall be derived. Said entry
and maintenance shall not vest in the public any rights to use the
open space. Before the expiration of the year during which the Borough
maintains the common open space, Borough Council shall, upon its initiative
or upon the request of the association, call a public hearing upon
notice of the association or to the residents and owners of the dwelling
units in the development. The purpose of this hearing shall be to
allow the association and the owners and residents to show cause why
such maintenance by the Borough shall not, at the election of the
Borough, continue for a succeeding year. If the Borough determines
that the association is ready and able to maintain the common open
space in reasonable condition, the Borough shall cease to maintain
said common open space at the end of said year. If the Borough determines
that the association is not ready and able to maintain the common
open space, the Borough may, in its discretion, continue to maintain
the open space during the next succeeding year and, subject to a similar
hearing and determination, in each year thereafter. The decision of
the Borough in any such case shall constitute a full administrative
decision subject to judicial review at the expense of the homeowners'
association. The Borough's cost of maintaining the common open
space under this provision shall be assessed ratably against the properties
within the development and shall become a municipal lien on said properties.
The Borough, at the time of entering upon the common open space for
the purpose of maintenance, shall file a notice of lien in the office
of the Prothonotary of Chester County, which shall give notice with
respect to all of the properties in the development.
A.
Each townhouse shall be a part of a development on a tract developed
exclusively for townhouses under the requirements of this section.
Such a tract shall have a minimum of 6 1/2 gross acres. The density
of townhouses in the development shall not exceed one townhouse per
3,000 square feet of net tract area. Such net tract area shall be
determined by subtracting the following from the gross tract area
(and not by using the requirements applicable to calculating minimum
lot size):
(1)
All wetlands regulated as such by the United States Army Corps
of Engineers ("Corps") and/or the Pennsylvania Department of Environmental
Protection ("DEP").
(2)
All existing and proposed public and private road right-of-way.
(3)
All existing (not to be vacated) and proposed easements for
public water supply and sanitary sewer facilities (overlapping easements
to be counted once) not within existing and/or proposed public or
private road right-of-way already subtracted.
(4)
All watercourses and bodies of water and their floodplains.
(5)
All areas within existing and/or proposed stormwater management
easements.
(6)
All areas within required riparian buffer setbacks.
B.
The maximum tract coverage (i.e., the maximum percentage of the area
of the tract which is not within existing and/or proposed public street
rights-of-way and which may be covered by buildings, roofed structures
and paving) shall be 35%.
C.
There shall be a minimum of one new parking space provided for common and/or guest parking for every two townhouses. Such parking shall be in addition to the parking required for the exclusive use of each individual townhouse. The common and/or guest parking may be provided along, but not within, the required cartway (i.e., the travel lanes) of streets to be constructed on the tract and/or within parking lots on the tract. However where an existing public street is widened to create new parallel parking spaces, such new parking spaces (minus any existing parking spaces which are outside of the street's travel lanes and are lost as a result of the widening) may be counted for up to 1/4 of the common/guest parking requirement if such spaces are located along public streets on or contiguous to the tract. To be counted toward the common/guest parking requirement, such spaces shall be a minimum of 10 feet wide and 24 feet long, located entirely outside of the street's travel lanes and otherwise designed according to such specifications, such as curbing, lighting, and sidewalk access, as the Borough shall direct. Parking lots for common and/or guest parking shall be screened with evergreen landscaping so that car lights shall not shine directly into any dwelling. Existing parking on existing public streets shall not be counted toward common and/or guest parking. For this section, the locational requirements for off-street parking and driveway spacing requirements in Article XVII shall not apply to off-street parking for and driveways to individual townhouses, as the requirements of this section shall control.
D.
No freestanding accessory building or roofed structure (including,
without limitation, storage sheds) shall be permitted. There shall
be no outside storage of trash, junk and/or lawn mowers.
E.
A sidewalk with a width of a minimum of four feet shall be provided
along a minimum of one side of all private streets, except for areas
used for driveway aprons. This is an addition to sidewalks required
along all existing and proposed public streets.
F.
When a development is proposed to create improvements and/or real
property which is to be operated, owned and/or maintained as a common-interest
community, planned community, condominium, cooperative and/or pursuant
to maintenance covenants between the owners of townhouses, the documents
establishing such maintenance, operation and ownership rights and
duties shall be subject to the Borough's prior written approval.
The Borough shall have the right to require terms in the governing
documents and/or covenants that will insure that adequate funds will
always be available and that the responsible parties and/or entity
can act, in a timely manner, to correct regulatory violations and
nuisance conditions with respect to such improvements and property
and maintain and operate such improvements and property in compliance
with the approved plans and all applicable regulations. The documents
and/or covenant(s) shall also authorize, but not require, the Borough
to correct regulatory violations and abate nuisances if the responsible
parties and/or entity do not do so in a timely manner and, in such
event, will give the Borough the right to recover the Borough's
costs therefore as a municipal claim. The documents and/or covenant(s),
as recorded, shall provided that the terms required by the Borough
may not be amended without the Borough's prior approval by written
resolution.
G.
Each townhouse block shall comply with the following:
(1)
The following minimum setbacks shall apply to each townhouse
block:
(a)
Thirty feet from the tract boundary.
(b)
Twenty-seven feet from all existing, dedicated, public street,
excluding any right-of-way.
(c)
Twenty-two feet from any part of a public sidewalk which is
adjacent to a street cartway.
(d)
Twenty-three feet from the end line of any existing, dedicated,
public street.
(e)
Thirty feet, from side to side, between townhouse blocks which
front in the same general direction, and 60 feet, from back to back,
between townhouse blocks the backs of which generally face each other.
(2)
Each townhouse shall comply with the following:
(a)
No townhouse shall be part of a townhouse block that includes
more than five townhouses.
(b)
The minimum setback between patios and decks and the tract boundary
shall be 20 feet.
(c)
Each patio and deck for a townhouse shall be separated by a
minimum of 30 feet from all patios and decks for townhouses in other
townhouse blocks.
(d)
The minimum width (from side to side) for each townhouse unit
shall be 20 feet.
(e)
Any stoops, steps, landing and/or porch located on the side
of a townhouse (typically called an "end unit") on the end of a townhouse
block shall extend not more than five feet into the minimum side setback
between townhouse blocks.
(f)
If a lot is to be provided for the individual townhouses, the
minimum lot size requirements of this chapter shall not apply to such
lots.
(g)
Each townhouse shall be connected to public water and sanitary
sewer service.
H.
Where there is condominium ownership of the dwelling units or common open space created as part of the development, a homeowners' association document shall be submitted and approved by the Borough in accordance with § 400-108E(5).
