A.
Hereafter, no land shall be used or occupied, and
no building or structure shall be erected, altered, used or occupied,
except in conformity with the regulations herein established for the
district in which such land, building or structure is located.
B.
In cases of mixed occupancy, the regulations for each
use shall apply to the portion of the building or land so used.
No yard or other space provided about any building
or structure for the purpose of complying with this chapter shall
be considered as a yard or other open space for another building or
structure.
[Amended 8-14-2017 by Ord. No. 1-2017]
Excepting buildings, structures, lots, and uses which are governed by Article VI of this chapter, the following regulations shall be applicable:
A.
Nonconforming use of land. A nonconforming use of
land, exclusive of buildings on the lot, or of land containing no
buildings, may be extended on the lot so used one time during the
existence of the nonconformity where such use exists at the effective
date of this chapter, provided that the area of such use shall not
be increased by more than 25% of the area of that portion of the lot
actually occupied by the use, and such extension shall conform to
the area and bulk requirements and to the design standards for the
district. The extension of a nonconforming use of land shall be limited
to that which was in single and separate ownership on September 13,
1972; except that any portion of the lot which is subdivided after
the effective date of this chapter and to which the nonconforming
use has not been extended before subdivision, shall after subdivision
be used only in conformity with all of the provisions of this chapter.
B.
Conforming uses of conforming buildings on nonconforming
lots. Conforming buildings of which a conforming use is made and which
are located on a lot which is nonconforming at the effective date
of this chapter may be enlarged, or additional buildings may be erected,
subject to the following:
(1)
Provided all area and bulk requirements and design
standards for the district are met, except that:
(a)
If the owner of such a lot owns or controls
adjacent land sufficient to enable him to enlarge the lot in conformity
with the Pocopson Township Subdivision and Land Development Ordinance
to the size required for the use and district, he shall be required
to do so before any enlargement or additional buildings are permitted,
unless such enlargement of the nonconforming lot would create nonconformity
of any type on the adjacent land.
C.
Conforming uses of nonconforming buildings on conforming
lots.
(1)
Buildings of which a conforming use is made, but which
are nonconforming in area and bulk by exceeding the allowable lot
coverage for the district in which they are located may not be enlarged
unless the lot size is enlarged.
[Amended 3-28-2022 by Ord. No. 2-2022]
(2)
Buildings of which a conforming use is made, but which
are nonconforming in location on a lot, may be enlarged or additional
buildings may be constructed subject to the following:
(a)
Additional buildings and enlargement of existing
buildings must conform to distances from lot and setback lines and
all design standards for the district.
(b)
The additions and enlargements, together with
the buildings existing on the lot shall not exceed lot coverage requirements
for the district.
(d)
Any building which does not meet the applicable
setback requirements from state or Township arterial or collector
streets shall not be enlarged, or additional buildings constructed,
such that the resulting, total area coverage on the lot is greater
than 2 1/2 that of the existing building(s).
(3)
Buildings of which a conforming use is made, but which are nonconforming
as to the permitted height for the district in which they are located,
may be enlarged or additional buildings may be constructed, provided
the additional buildings or enlargements of existing buildings shall
conform to the permitted height for the district in which they are
located.
[Added 3-28-2022 by Ord.
No. 2-2022]
D.
Conforming uses of nonconforming buildings on nonconforming
lots. Nonconforming buildings existing on nonconforming lots at the
effective date of this chapter, if such buildings are used in conformity
with the use provisions of the district in which they are located,
may be enlarged or additional buildings may be constructed subject
to:
(1)
The requirement that any expansion shall not increase the extent
of the existing nonconformity (for example, if the building currently
extends into a required setback the addition can be built but it cannot
increase the nonconforming condition by extending further into the
required setback), and such expansion shall not increase the existing
floor area by more than 50%.
[Amended 5-20-2019 by Ord. No. 5-2019]
E.
Nonconforming uses of conforming buildings on conforming
lots. A nonconforming use of a building which is conforming in area
and bulk and location on a lot conforming in size shall be subject
to the following provisions:
(1)
In all Neighborhood Commercial or Limited Industrial
Districts, such buildings may be increased in area by enlargement
of existing buildings or by construction of additional buildings provided
that the existing buildings plus enlargements or additions do not
exceed the area, bulk and setback requirements for the district; and,
provided that all design standards for the district are complied with
or their installation and construction guaranteed by posting of a
performance bond or other acceptable, adequate security. Enlargements
and construction of additional buildings for extension of a nonconforming
use shall be limited to the lot which was in single and separate ownership
on the effective date of this chapter.
(2)
In all residential districts such buildings may be
increased in area by not more than 50% of the area of such buildings
as were on the lot at the date the use first became nonconforming.
Such increase may be by enlargement of existing buildings or the construction
of additional buildings, subject to the following:
(a)
The granting of special exception by the Zoning Hearing Board under the provisions of Article XII of this chapter.
(b)
Provided that the buildings on the lot at the
effective date of this chapter, plus the enlargements or additions,
do not exceed the area and bulk requirements for the district and
provided that all design standards for the district are complied with.
(c)
The enlargements and construction of additional
buildings for extension for the nonconforming use shall be limited
to the lot which was in single and separate ownership on September
13, 1972.
F.
Nonconforming uses of conforming buildings on nonconforming lots. Nonconforming uses of conforming buildings located on nonconforming lots shall be subject to the provisions of Subsection E above. Any expansion shall be limited to a one-time expansion during the time nonconformity exists.
G.
Nonconforming uses of nonconforming buildings on conforming
lots. A nonconforming use of a nonconforming building located on a
conforming lot shall be subject to the following provisions:
(1)
In all districts, buildings nonconforming in area
and bulk by exceeding the allowable lot coverage or height for the
district shall not be enlarged or additional buildings constructed.
(2)
Buildings nonconforming in location on the lot, by
reason of being closer to a lot line or setback line than the minimum
requirements for the district, may be enlarged or additional buildings
may be constructed subject to the following provisions:
(a)
In all Neighborhood Commercial Districts or
Limited Industrial Districts:
[1]
Provided that any expansion shall not increase the extent of
the existing nonconformity (for example, if the building currently
extends into a required setback the addition can be built but it cannot
increase the nonconforming condition by extending further into the
required setback).
[Amended 5-20-2019 by Ord. No. 5-2019]
[2]
Provided that the buildings on the lot at the
effective date of this chapter plus the enlargements or additions
do not exceed the lot coverage requirements for the district and that
all design standards for the district are complied with.
[3]
Provided that the enlargements and additional
buildings for the extension of a nonconforming use shall be limited
to the lot which was in single and separate.
(b)
In all residential districts such buildings may be increased in area by not more than 50% of the area of such buildings which were on the lot at the date the use first became nonconforming, provided the use of the building is the same as that use at the time when the nonconformity was created. Such increase may be by enlargement of existing buildings or the construction of additional buildings, subject to the granting of a special exception by the Zoning Hearing Board under the provisions of Article XII of this chapter, and subject to the provisions of Subsection A of this section and § 250-86 and Subsection M
H.
Nonconforming uses of nonconforming buildings on nonconforming
lots. A nonconforming building of which a nonconforming use is made
on a nonconforming lot may not be enlarged, nor may additional buildings
be constructed.
I.
Nonconforming lots containing no buildings. A nonconforming
lot, which contains no buildings, and which is in single and separate
ownership at the effective date of this chapter, and which is not
of the required minimum area or width, or which is of unusual dimensions
such that the owner could not provide the open spaces required for
the district, may be used or a building erected thereon under the
following conditions:
(1)
Provided that the owner does not presently own or
control other adjoining property, or has not conveyed ownership or
control in other adjoining property since the effective date of this
chapter, sufficient to enable him to comply with the area and bulk
requirements for the district.
(2)
A special exception is granted by the Zoning Hearing Board subject to the provisions of Article XII of this chapter. In considering a special exception for this use, the Zoning Hearing Board shall impose the following requirements:
J.
Change of use. Any nonconforming use of a building
or land may be changed to another nonconforming use of substantially
the same character and type provided there are no changes in the pattern
of usage (such as, but not limited to, traffic generation, operating
hours, on-site sewage or water demands, noise or light pollution)
of the building or land as it affects that building or land and adjacent
and neighborhood buildings and land.
K.
Abandonment of use. If a nonconforming use of land
or of a building or other structure is abandoned or discontinued for
a continuous uninterrupted period of one year or more, subsequent
use of such building or structure or land shall be in conformity with
the provisions of this chapter.
L.
Restoration. Any lawful nonconforming building or
other structure which has been involuntarily damaged or destroyed
by fire, explosion, windstorm or other similar active cause, to an
extent of not more than 75% of its fair market value, excluding land,
may be reconstructed in the same location, provided that:
(1)
The reconstructed building or structure shall not
exceed the height, area or volume of the damaged or destroyed building
or structure; and
(2)
Reconstruction shall begin within one year from the
date of damage or destruction and shall be completed without interruption.
(3)
If any destroyed portion of the nonconforming building
or structure did not meet setback or other applicable bulk and area
requirements or design standards, that portion of the building shall
not be rebuilt in the same location unless the owner can prove that
the building cannot be rebuilt in conformity or greater conformity
with applicable area and bulk, regulations and design standards. In
considering a request for a special exception under this section,
the Zoning Hearing Board shall have the power to impose conditions
on the location of the reconstruction consistent with this section
and chapter and the public health and safety.
M.
Maximum impervious coverage. The area of impervious
cover on nonconforming residential lots of one acre or less shall
not exceed 15% of the lot area as defined in this chapter. The area
of impervious cover on nonconforming residential lots between one
and two acres shall not exceed 10% of the lot area as defined in this
chapter. In calculating the area of impervious cover, both the area
of the existing building(s) and paving, as well as the proposed extension
or enlargement, (or when no buildings and paving are already in existence,
the proposed building and paving or that paving or parking area required
by ordinance), shall be included.
N.
Registration of nonconformity. The Zoning Officer
is authorized to compile and maintain a registration file or a list
of all nonconforming uses and structures within Pocopson Township.
The Zoning Officer may provide a notice of the registration or refusal
to register in the manner and in addition shall send notice of such
action to the property owner and any occupant or user thereof.
[Amended 3-4-2002 by Ord. No. 1-2002]
Each residential, residential-institutional
or multiuse lot served by an individual on-site sewage system shall
contain a minimum of 20,000 square feet of contiguous area suitable
for on-site sanitary sewage disposal and groundwater recharge facilities
exclusive of slopes of 20% or greater, floodplains, seasonal high
water table soils, as delineated on USGS maps, with appropriate soil
survey overlays (i.e., Soil Survey of Chester and Delaware Counties),
or, if requested by the Supervisors, a competent aerial topographic
survey, with appropriate soils information, and areas of the lot subject
to impervious cover. Commercial or industrial lots or tracts served
by an individual on-site sewage system shall have not less than 25%
of the lot or tract area, and in no event less than 10,000 contiguous
square feet, or such larger area that may be required by the Chester
County Health Department, exclusive of the aforesaid features. Where
a minimum requested square footage does not include the building site,
such area shall be no more than 100 feet from the building site and
shall not be separated from the building site by any stream, drainageway,
restrictive right-of-way or road. Said area shall be deemed acceptable
for an individual on-site sewage system by the Chester County Health
Department.
[Amended 3-4-2002 by Ord. No. 1-2002; 5-14-2007 by Ord. No.
3-2007]
A.
Purpose. The following natural resource conservation
standards are established to protect the public health, safety, and
welfare by minimizing adverse environmental impacts. These standards
are intended to meet the following purposes:
(1)
Define and delineate selected natural resources within
the Township and establish resource conservation standards to assist
the Township in reducing the impact proposed uses will have on the
environment.
(2)
Conserve valuable natural resources within the Township
in accordance with the Pocopson Township Comprehensive Plan (2001)
and the Pocopson Township Parks, Recreation, and Open Space Plan (1993).
(3)
Conserve and protect natural resources within the
Township and the Kennett Area Region in accordance with the following
policies of the Kennett Area Region Comprehensive Plan (2000), as
amended:
(a)
Preserve and protect areas which are naturally
unsuitable for development or which provide valuable wildlife habitat,
including stream valleys, riparian zones, steep slopes, floodplains,
woodlands, wetlands, and seasonal high water table soils.
(b)
Continue to preserve sensitive natural areas
and wildlife habitats from development by strengthening natural resource
conservation standards contained in each municipality's Zoning and
Subdivision and Land Development Ordinances.
(c)
Protect regional watersheds and the quality
of groundwater and streams within the region, and pursue measures
to maintain and, where possible, improve water quality.
B.
General applicability of conservation standards.
(1)
In the event that the provisions of this section and
any other provisions of the Township Code are in conflict, the more
restrictive provisions shall apply.
(2)
In the event that two or more natural resource areas
identified in this section occur on the same lot or tract, disturbance
limitations shall be measured separately. Where such resource areas
overlap, the most restrictive standard (the least amount of permitted
alteration, regrading, clearing, or building) shall apply to the area
of overlap.
(3)
It shall be a violation of this chapter to regrade,
fill, pipe, divert, channel, build upon, or otherwise alter or disturb
a natural resource protected by this section prior to the submission,
review, and approval of any applicable application for zoning or building
permit(s), conditional use or special exception approval, zoning variance,
or subdivision or land development plan(s).
(4)
Limitations to the disturbance of resources shall
apply before, during, and after construction on a site.
(5)
Disturbance limitations, established as a maximum
percentage of permitted disturbance, shall be applied concurrently
as a percentage of each applicable resource area to the extent that
it is present on the entirety of any tract or any lot and as a percentage
of the area within each discrete resource area measuring one acre
or more. A "discrete resource area" is the entirety of any single
contiguous area comprising any one resource regulated by the provisions
of this Section. Any area of resource overlap shall be measured as
part of the contiguous resource area with the most restrictive disturbance
limitation. For example, if disturbance of 25% of a particular resource
area is permitted, then it shall apply as 25% of the total area of
that resource on the applicable lot or tract. In addition, the twenty-five-percent
limitation shall apply individually to each discrete resource area
measuring one acre or more, regardless of whether, collectively, such
areas comprise 25% of all areas of such resource on the applicable
lot or tract.
(6)
Disturbance limitations shall be applied based on
the occurrence of identified resource areas at the time of adoption
of this section. Disturbance permitted over time in multiple applications
on the same lot or tract shall be measured against the same overall
limitations established at the time of the first application after
the adoption of this section. For example, if applicable disturbance
limitations for a particular resource permit two acres of disturbance,
and one acre of disturbance is permitted upon the first application
after the adoption of this section, then only one acre shall remain
to be permitted for future disturbance of the applicable resource
regardless of the total number of applications over the years.
(7)
Information submitted to demonstrate compliance with
this section shall be verified as correct by the Township Engineer
or other qualified professional as determined by the Township.
(8)
Regulations and disturbance limits for each specific resource area
set forth below shall be complied with as applicable. The following
summary table is provided as an overview of disturbance limitations.
In certain cases as provided herein, exceptions or modifications may
apply.
[Amended 8-14-2017 by Ord. No. 1-2017; 10-16-2017 by Ord. No. 3-2017]
|
Resource Area
|
Maximum Disturbance
|
|---|---|
|
Floodplain
|
0%
|
|
Very steep slopes
|
10%
|
|
Moderately steep slopes
|
25%
|
|
Steep slope margins
|
25%
|
|
Riparian buffer's inner 50 feet
|
0%
|
|
Riparian buffer's outer 50 feet
|
15%
|
|
Seasonal high-water table soils
|
20%
|
|
Heritage trees
|
0%
|
|
Rare species sites
|
0%
|
|
Exceptional natural areas
|
10%
|
|
Forest interior habitat
|
10%
|
|
Woodland
|
20%
|
|
Wetlands
|
0%
|
C.
Floodplain conservation. Areas identified as floodplains shall comply with Article VI of this chapter.
[Amended 8-14-2017 by Ord. No. 1-2017]
D.
Steep slope conservation.
(1)
Steep slope areas shall be preserved in their natural
state whenever possible. Where construction of roads, buildings, driveways,
or infrastructure cannot be avoided, disturbance shall be kept to
the minimum necessary and in no case shall it exceed the following
permitted disturbance limits:
(a)
Moderately steep slopes. No more than 25% of
moderately steep slopes shall be regraded, cleared, built upon, or
otherwise altered or disturbed.
(b)
Steep slope margins. No more than 25% of steep
slope margins shall be regraded, cleared, built upon, or otherwise
altered or disturbed.
(c)
Very steep slopes. No more than 10% of very
steep slopes shall be regraded, cleared, built upon, or otherwise
altered or disturbed. In addition, disturbance permitted on very steep
slopes shall be limited to the following activities:
[1]
Timber harvesting, when conducted in compliance
with the required timber harvesting plan. Clearcutting or grubbing
of trees is prohibited on very steep slopes.
[2]
Grading for the minimum portion of a driveway
necessary for access to the principal use and sewer, water, and other
utility lines when it can be demonstrated to the satisfaction of the
Township that no other routing is practicable, but excluding sewage
disposal systems.
[3]
Hiking and riding trail(s) of minimum adequate
width(s), where developed so as to minimize potential erosion, follow
existing topographic contours to the greatest degree practicable and,
where using unpaved surfaces, to the maximum practicable extent.
(2)
All permitted buildings or structures shall be constructed
in such a manner as to provide for the least alteration necessary
of the existing grade, vegetation, and natural soils condition.
(3)
A grading plan shall be provided identifying the existing
contours of the site, proposed finished grades, and the proposed location
of all buildings and structures. Locations for all stockpiled earth,
stone, and other materials shall be shown on the plan and shall not
be located within the dripline of any trees intended to remain post
permitted disturbance.
(4)
Excessive cut and fill shall be avoided. New roads
and improvements to existing roads should be designed within the existing
contours of the land to the extent possible and strive for compatibility
with the character of rural roads.
(5)
Finished slopes of permitted cut and fill shall not
exceed thirty-three-percent slope unless the applicant can demonstrate
the method by which steeper slopes will be stabilized and maintained
adequately.
(6)
Any stockpile(s) of earth intended to be stored for
more than 21 days shall be seeded or otherwise stabilized to the satisfaction
of the Township Engineer. Any disturbed areas of very steep slope
and any cut and fill resulting in slopes of greater than 20% shall
be protected with an erosion control blanket.
(7)
Any disturbance of land shall be in compliance with the erosion and sedimentation control standards of Chapter 190, Subdivision and Land Development, and PADEP Title 25, Chapter 102. All applicants shall refer to the PADEP Erosion and Sediment Pollution Control Program Manual dated March 2000, or latest edition, for applicable erosion and sediment control standards. Where applicable, in the context of any application before the Township, any applicant shall permit inspection of erosion and sedimentation controls by designated personnel of both the Township and the Chester County Conservation District.
(a)
An erosion and sedimentation control plan and soil stabilization plan shall be submitted consistent with the requirements of Chapter 190, Subdivision and Land Development.
(b)
The plan shall demonstrate how soil will be
protected from erosion during construction and how soil will be stabilized
upon the completion of construction.
(8)
Where the following information has not been previously
submitted as part of a subdivision or land development plan application,
such information shall be submitted to the Township with building
permit, conditional use, special exception, or zoning applications,
when applicable:
(a)
The adequacy of access to the site for emergency
vehicles shall be subject to review by the Fire Marshal or his designee.
The necessary information shall be submitted by the applicant to the
Fire Marshal or his designee for his review.
(b)
Grading plan and erosion and sedimentation control
plans.
E.
Wetlands conservation.
(1)
Wetlands shall not be regraded, filled, piped, diverted,
channeled, built upon, or otherwise altered or disturbed, including
for purposes of access or utility crossings, except where all applicable
permits have been obtained and copy thereof submitted to the Township.
(2)
Any applicant proposing a use, activity, or improvement
which would entail the regrading or placement of fill in wetlands
shall provide the Township with proof that the Pennsylvania Department
of Environmental Protection (Bureau of Dams and Waterway Safety and
Bureau of Water Quality Management) and the U.S. Army Corps of Engineers
have been contacted to determine the applicability of state and federal
wetland regulations. Any applicant contacted by the Pennsylvania Department
of Environmental Protection or the U.S. Army Corps of Engineers in
regard to wetlands also shall concurrently provide to the Township
a copy of such correspondence.
(3)
Where permitted subject to applicable regulation and
as otherwise provided herein, sewers or other liquid transport pipelines
shall only be permitted to cross wetlands on the minimum traversal
distance and where every precaution shall be taken to prevent leaks
and to prevent any possible draining of the wetland (e.g., water flowing
through or along any pipe or trench). At the expense of the applicant,
the Township may require inspection of applicable systems and facilities,
including but not limited to x-ray of steel welds and pressure testing
of pipelines.
(4)
Where wetland disturbance is permitted subject to
applicable regulation on any lot or tract, no more than 10% nor more
than one acre of any wetland area, whichever is less, shall be disturbed
for any purpose. To the maximum extent feasible, any disturbance to
or loss of natural wetlands shall be mitigated at the rate of three
times the lost or disturbed wetland area in a manner approved by the
Township. Mitigation may include creation of wetlands which shall
be hydrologically fed with stormwater discharged from an approved
stormwater management facility. Created wetlands may be located at
a site approved by the Township for such mitigation, whether on or
off the property that contains the wetland subject to disturbance.
Where approved by the Township, some or a portion of any required
wetlands mitigation, in lieu of wetland creation, may be accounted
for through permanent conservation of other existing unprotected wetlands
or by restoration of former wetlands (e.g., through removal of tilefields
or other drainage facilities) by means satisfactory to the Township.
(5)
Where required to comply with state or federal regulation,
any applicant also shall provide the Township with a full wetland
delineation report conducted by a qualified wetland biologist, soil
scientist, or environmental professional of demonstrated qualifications,
subject to the following:
(a)
Where there is any question as to the accuracy
of the wetland delineation report, the Township may hire a qualified
consultant to review the delineation and recommend revisions at the
applicant's expense.
(b)
Such a professional shall certify that the methods
used correctly reflect the currently accepted technical concepts,
including identification and analysis of wetland vegetation, hydric
soils, and hydrologic indicators. Methods used in the delineation
report shall be acceptable to the Township Engineer or other qualified
consultant hired by the Township.
(c)
The wetland report submitted to the Township
shall include a determination of whether wetlands are present on the
site and a full delineation, area measurement (in square feet), and
description of any wetlands determined to be present.
F.
Water body and riparian buffer protection standards. The provisions
of this section shall not apply to the footprints of existing primary
and accessory uses, including, but not limited to, all agricultural
uses and research related thereto, buildings, fences, lawns, gardens,
utility lines, roads, driveways, sidewalks, decks, piers, water, septic
and sewage supply facilities and their related appurtenances (well
houses, utility pump and lift stations, manholes, etc.).
[Amended 10-16-2017 by Ord. No. 3-2017]
(1)
The riparian buffer area is designated as:
(a)
An area that begins at each edge of a water body and shall extend
landward a minimum width of 100 feet, measured horizontally on a line
perpendicular to the nearest edge of the water body, as reviewed and
approved by the municipal engineer.
(b)
Where the floodplain extends greater than 100 feet from the
water body, the riparian buffer area shall extend to the outer edge
of the defined one-hundred-year floodplain.
(2)
Isolated wetlands and other water bodies. Wetlands and other water
bodies not located along a watercourse, where the wetland or water
body is greater than 5,000 square feet in area, shall have a minimum
riparian buffer width of 50 feet, measured from the edge of the wetland
or water body around the entire perimeter.
(3)
The following uses or activities are permitted by right in riparian
buffer areas:
(a)
Wildlife sanctuaries, nature preserves, forest preserves, fishing
areas, passive areas of public and private parklands.
(b)
Temporary stream restoration projects, stream bank restoration
projects, and vegetation restoration projects to restore the stream
or riparian buffer to an ecologically healthy stage utilizing natural
channel design practices to the greatest degree possible.
(c)
Stream crossings for farm vehicles and/or livestock if part
of a federal, state, and/or county conservation district and/or local
nonprofit riparian buffer improvement project.
(d)
Provision for stone-dust or natural trail and related trail
access when resulting in minimum disturbance to existing trees and
shrubs.
(e)
Research and monitoring devices, such as staff gages, water
recording, water quality testing, cross vanes, weirs and related demonstration
facilities.
(4)
The following uses or activities are permitted by special exception
in riparian buffer areas:
(a)
Structures that, by their nature, cannot be located anywhere
except within the riparian buffer. These structures shall include
docks, boat launches, public water supply intake structures, facilities
for natural water quality treatment and purification and public wastewater
treatment plant sewer lines and outfalls. The structures shall provide
for the minimum practicable disturbance of the riparian buffer by
minimizing size and location and by taking advantage of co-location,
if possible.
(b)
Road crossings (when perpendicular to the stream or buffer),
bridges, culverts, utilities, and impoundments.
(c)
Provision for paved trail and related trail access when resulting
in minimum disturbance to existing trees and shrubs.
(d)
Stormwater conveyance structures and outfalls.
(5)
The following uses or activities are permitted by special exception
approval only within the outer 50 feet of a riparian buffer area:
(a)
Any other use or activity permitted in the underlying base district,
provided there is no regrading, filling, or alteration within the
inner 50 feet of the riparian buffer area, and no more than 15% of
the outer 50 feet may be regraded, filled, or otherwise altered or
subject to land disturbance. Uses and activities permitted by this
provision shall not include the establishment of any impervious surfaces.
(6)
The following activities or practices are expressly prohibited in
riparian buffer areas:
(a)
Removal or disturbance of vegetation in a manner that is inconsistent
with erosion and sedimentation control and riparian buffer protection.
(b)
Storage or discharge of any hazardous or noxious materials,
except those used during emergencies for the treatment and/or maintenance
of any public sewer and public water treatment facilities (i.e., generator
sets or alternative drive units).
(c)
Use of fertilizers, pesticides, herbicides, and/or other chemicals,
except:
[1]
Where permitted by a valid conservation plan, forest stewardship plan, or approved planting and maintenance plan [see § 250-87F(7)(e) below];
[2]
For selective herbicide application by a qualified professional
to control noxious weeds and invasive species of plants in riparian
buffers.
(d)
Motor or wheeled vehicle traffic in any area not designed to
accommodate adequately the type and volume of vehicular movement.
(7)
Riparian buffer restoration and planting requirements. All riparian buffer areas shall be continually maintained with a diverse mix of locally adapted native species of canopy trees, understory trees, shrubs, and herbaceous plants so as to constitute a forested riparian buffer where not otherwise occupied by any existing use except in accordance with § 250-87F, or any authorized use permitted in § 250-87F(3) through (5). In addition:
(a)
The applicant shall restore the full 100 feet of the impacted riparian buffer area, or the first 100 feet of a one-hundred-year floodplain, to a forested riparian buffer, as a condition of any approval listed in § 250-87B(3), except as provided in Subsection F(7)(e) below, through invasive plant removal and planting of a diverse mix of native tree and shrub species.
(b)
Restoration plantings shall be planted at initial densities
sufficient enough to provide a minimum of 200 trees per acre at canopy
closure.
(c)
The following tree planting and spacing standards shall apply
at installation:
[1]
Seedlings: ten-foot spacing (approximately 435 seedlings/acre)
protected by five-foot tree shelters.
[2]
Bare root trees or container trees (at least six feet in height
for either): twelve-foot spacing (approximately 300 trees/acre). Tree
shelters, wraps, or other proven methods shall be required to prevent
damage from antler rubbing.
|
To reduce competition from grasses and invasives, vegetation
around tree shelters shall be sprayed or otherwise effectively controlled
annually for a minimum of four years. Tree shelters shall be maintained
at all times and removed when the tree reaches 1 1/2- to 2-inch.
Additional planting guidance may be obtained from PADEP's Bureau of
Watershed Management Document Number 394-5600-001, entitled "Riparian
Forest Buffer Guidance," November 27, 2010, and the "Chesapeake Bay
Riparian Handbook, A Guide for Establishing and Maintaining Riparian
Forest Buffers," USDA Forest Service, NA-TP-02-97, Radnor, Pennsylvania."
|
(d)
Landowners who are enrolled in, and fully in compliance with,
the Conservation Reserve Enhancement Program (CREP) administered through
their local Farm Service Agency are permitted to utilize their stream-side-buffer
restoration to satisfy the forested riparian buffer restoration requirements
of this section for as long as they are enrolled in, and fully in
compliance with, that voluntary program.
(e)
Applicants shall submit, and, as a condition of approval for any activity listed in § 250-87B(3), a planting and maintenance plan for the impacted riparian buffer. The plan shall be prepared by a registered landscape architect or professional plant ecologist. The plan shall identify the number, density and species of locally adapted native trees appropriate to the site conditions that will achieve a minimum of 60% uniform canopy coverage within 10 years. The plan shall describe the maintenance program to be conducted by the buffer owner for a minimum of five years, including measures to remove, and subsequently control, invasive plant species, limit deer and rodent damage, and replace deceased trees and shrubs for the first four years. Applicants with riparian buffer areas associated with a pending Township application, and which are also enrolled in CREP, shall submit a plan showing the existing or proposed stream-side-buffer planting that has been approved by the Farm Service Agency.
(f)
Restoration to a forested riparian buffer shall not be required
for issuance of a building permit for a single-family dwelling, addition
thereto, or for the construction of an accessory structure disturbing
less than 10,000 square feet of land on an existing lot.
(8)
Any riparian buffer that is included within a lot created after the
effective date of this ordinance shall include as a condition of approval
of the subdivision creating the lot, a restrictive covenant approved
by the municipal solicitor, and recorded with the final subdivision
or land development plan and the deed for the lot. The restrictive
covenant shall clearly define the riparian buffer area, shall include
binding provisions for the adequate long-term functioning and integrity
of the riparian buffer, and shall include a requirement for notification
of all subsequent lot owners of its restrictive nature.
G.
Conservation of seasonal high water table soils.
(1)
With the exception of those uses or activities listed
below, and where not otherwise regulated more restrictively under
the provisions of this chapter, no more than 20% of any seasonal high
water table soil shall be regraded, filled, built upon, or otherwise
altered or disturbed:
(a)
Regulated activities permitted by the commonwealth
(i.e., permitted stream or wetland crossing);
(b)
Provision for trail and trail access where approved
by the Township;
(c)
Selective removal of hazardous or invasive vegetation;
or
(d)
Vegetation management in accordance with an
approved landscape plan or open space management plan.
(2)
Notwithstanding the twenty-percent disturbance limitation
set forth above, the following regulations shall apply to seasonal
high water table soils:
(a)
No structures for human use or habitation or
for regular animal occupancy shall be constructed in any area of soil
where the seasonal high water table is within one foot of the surface;
(b)
No subsurface sewage system shall be constructed
within any area of seasonal high water table soil.
(c)
No road, driveway, or emergency access shall
cross any area of seasonal high water table soil except where providing
necessary access which clearly is otherwise impracticable and only
where drainage, adequate base preparation, and paving approved by
the Township Engineer shall be provided.
H.
Heritage trees.
(1)
No heritage trees shall be removed from any lot or
tract except where undertaken in accordance with an approved timber
harvesting plan or where the applicant demonstrates to the satisfaction
of the Township that such removal is essential to eliminate hazardous
condition(s). In consideration of any need for tree removal, the Township
may engage the services of an arborist, reasonable costs therefor
to be borne by the applicant.
(2)
To the minimum extent necessary to permit retention
of heritage trees while providing for lawful use, modification to
otherwise applicable area and bulk requirements may be approved in
the following situations:
(a)
Where approved by the Board of Supervisors as
part of any applicable subdivision or land development application;
or
(b)
Where approved by the Zoning Officer upon approval
of any applicable building permit; and
(c)
Provided that no applicable yard area setback
shall be reduced more than 50% except where approved as a variance
by the Zoning Hearing Board.
(3)
Where any applicant for building, zoning, subdivision
or land development approval establishes conservation restrictions
acceptable to the Township which shall result in the conservation
of heritage trees, all such heritage trees to be retained shall be
credited toward any tree replacement required under § 250-87K(5)
below, at the ratio of four trees credited for each heritage tree
retained.
I.
Rare species sites.
(1)
With the exception of selective removal of hazardous
or invasive vegetation, no rare species site shall be regraded, filled,
built upon, or otherwise altered or disturbed.
(2)
A buffer area with a minimum dimension of 25 feet
shall be provided around the entire perimeter of any rare species
site within which no land disturbance shall be permitted.
(3)
To the minimum extent necessary to avoid disturbance
to rare species site(s) or to provide for required buffer(s), while
providing for lawful use, modification to otherwise applicable area
and bulk requirements may be approved in the following situations:
(a)
Where approved by the Board of Supervisors as
part of any applicable subdivision or land development application;
or
(b)
Where approved by the Zoning Officer upon approval
of any applicable building permit; and
(c)
Provided that no applicable yard area setback
shall be reduced more than 50% except where approved as a variance
by the Zoning Hearing Board.
J.
Exceptional natural areas.
(1)
With the exception of those uses or activities listed
below, and where not otherwise regulated more restrictively under
the provisions of this chapter, no more than 10% of any exceptional
natural area, where not otherwise classified as woodland, shall be
regraded, filled, built upon, or otherwise altered or disturbed:
K.
Woodlands and hedgerows.
[Amended 10-16-2017 by Ord. No. 3-2017]
(1)
Disturbance limitations for woodlands and hedgerows. Notwithstanding the provisions of this section, timber harvesting shall be permitted where undertaken in compliance with the provisions set forth in § 250-87L. Except for approved timber harvesting pursuant to § 250-87L, all woodland disturbance shall be subject to the following total disturbance limitations unless modified subject to § 250-87M(3) below, and where replacement plantings are provided subject to § 250-87K(4):
(a)
Permitted woodland disturbance on any lot or tract shall not
exceed 10% of any area defined as forest interior habitat.
(b)
Permitted woodland disturbance on any lot or tract shall not
exceed 20% of any woodland other than forest interior habitat.
(c)
Disturbance limitations shall be measured based on the extent
of the woodland at the time of first submission of applicable application(s)
after the adoption of this section, and shall be indicated on applicable
plan(s). The extent of any area of woodland disturbance shall be measured
to include the entire area within the drip line of any tree where
any part of the area within the drip line of said tree is subject
to woodland disturbance. Any disturbance limitation shall run with
the land, once established. Subsequent applications shall be subject
to the initial determination of disturbance limitations, regardless
of intervening disturbance which may have occurred. If, at any time
within three years prior to an applicable application, there had existed
a greater extent of woodland, such greater area shall be utilized
to calculate the extent of woodland disturbance and the limitations
set forth herein.
(2)
In determining where necessary woodland disturbance shall occur in
the context of any subdivision or land development or building or
zoning permit application, the applicant shall consider the following:
(a)
The location(s) and benefit of conservation of healthy mature
woodland stands.
(b)
The impacts, in terms of functions and values to wildlife, of
separating, dividing and/or encroaching on wildlife travel corridors
and/or extensive habitat areas. Such impacts must be explicitly assessed
in any area designated as one or more of the following:
(3)
In areas of permitted woodland disturbance and areas adjacent to
permitted woodland disturbance, remaining trees shall be protected
from damage. The following procedures shall be utilized during construction
in order to protect remaining trees:
(a)
Where existing trees are to remain, no change in existing grade
shall be permitted within the drip line of the trees. Appropriate
fencing four feet in height shall be placed at the drip line of trees
to remain, wherever adjacent to proposed construction. Such fencing
shall be maintained in place throughout the duration of construction
activity. Roots shall not be cut within the drip line of any trees
to remain.
(b)
Trees within 25 feet of a building, or bordering entrances or
exits to building sites, shall be protected by a temporary barrier
to be maintained in place throughout the duration of construction
activity.
(c)
No boards or other material shall be nailed or otherwise attached
to trees during construction.
(d)
Construction materials, equipment, soil and/or debris shall
not be stored, nor disposed of within the drip lines of trees to remain.
(e)
Tree trunks, limbs and exposed roots damaged during construction
shall be protected from further damage by being treated immediately
in accordance with accepted professional landscape procedures.
(4)
Woodland replacement. Where subject to modifications to these provisions pursuant to § 250-87M(3), woodland disturbance is permitted in excess of the limitations established in § 250-87K(1)(a) and (b) above. Replacement plantings shall be installed in accordance with the standards set forth below. A sample list of acceptable replacement plantings is found in § 250-87N.
(a)
Required replacement tree calculation based on area of woodland disturbance. At a minimum, for each 500 square feet of woodland disturbance area, or fraction thereof, in excess of the applicable standard set forth in § 250-87K(1)(a) and (b) above, and regardless of the character and sizes of the disturbed vegetation, one tree at least 2- to 2 1/2-inch caliper shall be planted.
(b)
Replacement tree calculation based on specific tree removal.
Regardless of any disturbance allowances, for each tree greater than
12 inches dbh to be removed, required replacement trees also shall
be calculated in accordance with the following schedule. For purposes
of this section, it shall be assumed that any tree greater than 12
inches dbh shall be removed if located within 25 feet of any proposed
land disturbance.
|
For Each Tree to Be Removed
(inches dbh)
|
Minimum Number and Caliper of Replacement Trees
(inches)
|
|---|---|
|
One, 12 to 18
|
Two, 2 to 2 1/2
|
|
One, 18 to 24
|
Three, 2 to 2 1/2
|
|
One, 24 to 36
|
Four, 2 to 2 1/2
|
|
One, greater than 36
|
Six, 2 to 2 1/2
|
(c)
Required replacement shrubs. At a minimum, for each 100 square feet of woodland disturbance area, or fraction thereof, in excess of the applicable standard set forth in § 250-87K(1)(a) or (b) above and regardless of the character and sizes of the disturbed vegetation, one shrub at least 24 inches to 30 inches in height shall be planted in addition to any required tree replacement. Shrubs planted in accordance with this requirement may be of restoration quality and not necessarily landscape quality.
(d)
Required replacement plantings shall be in addition to any required street trees or any other landscape material required under the provisions of this chapter or Chapter 190, Subdivision and Land Development.
(e)
Where approved by the Township as a condition of any building, zoning, subdivision or land development approval, or as a condition of grant of modification under § 250-87M(3), required replacement trees may be substituted for greater numbers of trees of smaller caliper than otherwise required, or by vegetation other than trees (e.g., for purposes of reforestation).
(f)
Where approved by the Township as a condition of any building, zoning, subdivision or land development approval, or as a condition of grant of modification under § 250-87M(3), some or all of the required replacement plantings may be installed at a site other than that subject to required replacement planting.
(g)
In lieu of actual installation of replacement plantings, the Township may permit any applicant to place the equivalent cash value, as agreed upon by the Township and the applicant, for some or all of the required replacement plantings into a special fund established for that purpose. Such fund shall be utilized at the discretion of the Township for the purchase and installation of plantings elsewhere in the Township. Installation of such plantings on private lands shall be dependent upon the establishment of conservation easement(s) or other restriction(s) acceptable to the Township that will reasonably guarantee the permanent protection of such plantings. Where the provisions of this section are otherwise applicable, any grant of approval of modifications requested pursuant to § 250-87M(3) also may be conditioned upon the placement of equivalent cash value for otherwise required replacement plantings into such a fund.
(h)
The locations, selected species and sizes of all replacement
plantings, along with a planting schedule tied to the timing and/or
phasing of the development, shall be indicated on the final subdivision/land
development plan(s) or building or zoning permit application, as applicable.
(i)
Required replacement vegetation and their measurement shall
conform to the standards of the publications "American or U.S.A. Standard
for Nursery Stock", ANSI or U.S.A.S. Z60.1 of the American Association
of Nurserymen, as amended. All plant material used on the site shall
have been grown so as to have a high likelihood of survival on the
site (e.g., grown specifically for planting in the applicable USDA
hardiness zone) and shall be nursery grown, unless it is determined
by the Township that the transplanting of trees partially fulfills
the requirements of this section.
(j)
Species of replacement plantings selected and planting locations
shall reflect careful site evaluation and, in particular, the following
considerations:
[1]
Existing and proposed site conditions and their suitability
for the plant materials, based upon the site's geology, hydrology,
soils and microclimate.
[2]
Specific functional and design objectives of the plantings,
which may include, but not necessarily be limited to: replacement
of woodland area removed, enhancement of existing woodland or oldfield
area(s), reforestation of impacted riparian buffer areas, mitigation
of new woodland edge conditions as a result of land disturbance, provision
for landscape buffer, visual screening, noise abatement, energy conservation,
wildlife habitats and aesthetic values.
[3]
Maintenance considerations, such as hardiness, resistance to
insects and disease, longevity and availability.
[4]
Because of the many benefits of native plants (ease of maintenance,
longevity, wildlife habitat, etc.), the use of nursery-grown free-fruiting
native trees and shrubs is strongly encouraged. Species selection
should reflect species diversity characteristic of the native deciduous
woodland.
(k)
All replacement plantings shall be guaranteed and maintained
in a healthy and/or sound condition for at least 24 months, or shall
be replaced. In addition, the applicant may be required to escrow
sufficient additional funds for the maintenance and/or replacement
of the proposed vegetation during the twenty-four-month replacement
period, and to provide for the removal and replacement of vegetation
damaged during construction, based upon the recommendation of the
Township Engineer.
(l)
All applicants shall include, as part of preliminary and final
plan submission, where applicable, a plan for the long-term management
of any woodland area not subject to woodland disturbance and any area
selected for introduction of replacement plantings in accordance with
this section. Such a plan shall include a statement of woodland management
objectives and shall demonstrate to the satisfaction of the Board
of Supervisors the feasibility of intended management practices, aiming
to ensure the success of stated objectives, including the viability
of introduced plantings, deterrence of invasive vegetation, and means
to minimize any future woodland disturbance. Applicants are strongly
encouraged to seek woodland management assistance from a qualified
professional.
L.
Timber harvesting.
[Amended 10-16-2017 by Ord. No. 3-2017]
(1)
The purpose of these regulations are as follows:
(a)
To encourage proper management and silvicultural practices that
reap continuous economic benefits from a woodland or forest while
still maintaining or improving wildlife habitat, protecting forest
soils and waters, and ensuring the continuation of productive forest
ecosystems;
(b)
To retain significant ecological services that forests and woodlands
provide, including carbon sequestration and carbon storage;
(c)
To recognize the limited extent and disproportionate wildlife,
water resource, and aesthetic values of forests and woodlands in southeastern
Pennsylvania; and
(2)
Applicability. Forestry, including timber harvesting as defined in this chapter, shall be a permitted use by right in all zoning districts. Timber harvesting shall be conducted in accordance with the requirements of this § 250-87L.
(3)
Regulations.
(a)
Any timber harvesting shall be undertaken in accordance with
a timber harvesting plan submitted by a landowner or timber harvest
operator and approved by the Township. All timber harvesting plans
shall be prepared and signed by a professional forester and submitted
to the Township for review for compliance with the standards for timber
harvesting set forth herein not less than 45 days prior to commencement
of the timber harvesting. The Township may seek the assistance of
the Chester County Conservation District and/or the PA DCNR Bureau
of Forestry Service Forester in reviewing the timber harvesting plan.
Within 30 days of submission to the Township, a timber harvesting
plan shall be approved or denied.
(b)
Any timber harvesting plan submitted to the Township for review
and approval shall include both narrative and maps supplying the following:
[1]
Name, address, and telephone number of landowner and the timber
harvesting operator, if known. Identity and contact information for
the timber harvesting operator shall be provided to the Township no
later than upon award of the bid for the timber harvest covered by
the approved timber harvesting permit.
[2]
An existing features map, drawn to scale, with North arrow,
showing:
[a]
Site location and boundaries of both the entirety
of the property upon which the timber harvesting shall occur and the
area proposed for timber harvesting within that property;
[b]
General location of the area proposed for timber
harvesting in relation to municipal and state highways, roads, and
bridges, including any weight limits, locations of ingress and egress
to the public road system, and haul routes to be used through the
Township;
[c]
Existing watercourses (including identifying any
with EV or HQ status), floodplain areas, and wetlands within the area
proposed for timber harvesting;
[d]
Topography of the property, including identification
of any steeply sloped area(s), as defined herein, within the area
proposed for timber harvesting.
[3]
A logging plan, at the same scale as the existing features map,
with North arrow, showing:
[a]
The area proposed for timber harvesting within
the property;
[b]
Location of all earth disturbance activities such
as skid roads, skid trails, log landings, points of access to municipal
or state highways or roads, and water control measures and structures;
[c]
Location of all crossings of any watercourses,
wetlands, or seasonally wet areas.
[d]
Identification of forest canopy to remain using
a plot-based estimate of the residual tree stand conditions.
[e]
Design, construction, maintenance, and retirement
of the access system, including haul roads, skid roads, skid trails,
and log landings;
[f]
Design, construction, and maintenance of water
control measures and structures such as culverts, broad-based dips,
filter strips, and water bars; and
[g]
Design, construction, and maintenance of proposed
watercourse and wetland crossings.
[h]
How the plan complies with the requirements of
all applicable state regulations, including but not limited to, the
following:
[i]
Erosion and sedimentation control regulations contained in Title
25 Pennsylvania Code Chapter 102, promulgated pursuant to the Clean
Streams Law (35 P.S. § 691.1 et seq.); and
[ii]
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.).
|
NOTE: An approved timber harvest erosion and sedimentation control
plan for the proposed timber harvesting submitted to PADEP or to the
Chester County Conservation District if delegated such responsibility
by PADEP may be submitted to satisfy the requirements of Subsections
L(3)(b)[3][h][i] and [ii] above. The name and contact information
for the assigned Chester County Conservation District representative
reviewing the written E&S plan should be included with the timber
harvesting plan, if known.
|
[4]
A forest stewardship activities plan, if available, for the
area proposed for timber harvesting. If not available, then, at a
minimum, the timber harvesting plan shall include the following information:
[a]
How the timber harvest operator and landowner will
insure the success of the proposed forest regeneration method for
the area proposed for timber harvesting. Regeneration methods include,
but are not necessarily limited to, single-tree selection or group
selection, shelterwood, seed tree, and clear-cut;
[b]
Where any method of forest regeneration is proposed,
the professional forester shall provide a written narrative explaining
how regeneration within the area to be timber harvested will be successfully
accomplished and maintained based on the following analysis:
[i]
Assess advanced regeneration, seed sources for
postharvest regeneration, and potential stump and root sprouting;
[ii]
Assess and, if necessary, control competing vegetation
such as ferns, grasses, and other undesirable understory tree and
shrub species;
[iii]
Assess and, if necessary, control the potential
loss of seed, seedlings, and sprouts to deer and other wildlife.
[c]
A listing and description of the selected forest
best management practices to be employed during and after the timber
harvesting operation. (See Best Management Practices for Pennsylvania
Forests, Penn State College of Agriculture.)
|
NOTE: Where clearing of woodlands or forest is proposed to prepare
land for the growing of crops or raising of livestock, a conservation
plan report submitted for approval by the Chester County Conservation
District that reduces erosion below the tolerable levels in crop field
and incorporates the new acreage into proper management may be substituted
for a forest stewardship activities plan and shall be submitted with
the logging plan.
|
(c)
A timber harvesting plan proposing any crossing of streams or
wetlands or otherwise obstructing or encroaching any watercourse during
the harvesting operations must identify any and all required permits,
plans, and approvals required by PADEP, Chester County Conservation
District, or the United States Army Corps of Engineers. Copies of
any and all approved permits, plans, and approvals shall be provided
to the Township upon receiving such approval.
(d)
Any timber harvesting proposed on slopes of 25% or greater must
provide an explanation of the erosion and sediment control best management
practices to be employed on the slopes, the reasons for harvesting
on the slopes and method for retrieving the logs that are felled on
the slopes.
(e)
A timber harvesting plan proposing to engage in timber harvesting
activities near a floodway, identified floodplain area, zone one riparian
buffer, wetland or other water source shall include a description
of the best management practices required for the activity under both
an erosion and sediment control plan and pursuant to the dam safety
and waterway management regulations and best practices manual for
timber harvesting operations.
(f)
Proof of the plans to retire all access systems, including access
roads, haul and skid trails and landing areas shall be provided to
the Township through the timber harvesting plan and/or erosion and
sediment control plan and shall be in conformance with DEP best management
practices.
(g)
In addition to those forest best management practices selected
by a landowner or timber harvest operator, the following minimum acceptable
standards shall apply to all timber harvesting:
[1]
Diameter-limit cutting and selective cutting shall be prohibited.
[2]
Use of the clear-cut method on very steep slopes shall be prohibited.
[3]
Felling and skidding shall be undertaken in a manner which minimizes
damage to trees or other vegetation not intended to be harvested,
such as using bumper trees, exercising special care when harvesting
trees during the growing season (between April and August), and avoiding
wolf trees, den trees, and cavity trees.
[4]
Felling or skidding across any municipal or state highway or
road is prohibited without the express written consent of the Township
or PADOT, whichever is responsible for the maintenance of said highway
or road.
[5]
Slash or tops resulting from timber harvesting shall either
be cut to a height of three feet or less and left on site, or chipped
and recycled on site. The burning of slash or litter shall be prohibited.
[6]
No processing of wood products, except the processing of firewood
for the landowner's personal use, shall be permitted on site, except
where specifically permitted in the zoning district in which the timber
harvesting operation occurs.
[7]
No tops or slash shall be left within 50 feet of any Township
or state highway or road, private road, or neighboring property line.
[8]
Soils within the area proposed for timber harvesting shall not
be contaminated with fuels, lubricants, and other chemicals, and all
refuse resulting from a timber harvesting operation shall be cleaned
up daily.
M.
Application of natural resource conservation standards.
(1)
Plan information and delineation of natural resources.
To ensure compliance with the natural resource conservation standards
of this section, the following information shall be submitted by the
applicant when applying for a zoning or building permit, conditional
use or special exception approval, zoning variance, or subdivision
and land development approval where land disturbance is contemplated.
In those cases where only a limited amount of the site will be subject
to disturbance, the Board of Supervisors may allow a smaller area
of land to be shown on the plan, based upon a review and recommendation
from either the Zoning Officer or the Township Engineer, where the
information submitted will adequately demonstrate compliance with
the natural resource conservation standards of this section. Where
less than the entire site is to be shown on the plan, the application
shall be accompanied by a written explanation from the applicant as
to why it is not necessary to include the entire site with the plan
information.
[Amended 5-9-2011 by Ord. No. 1-2011]
(a)
A site plan which identifies the limits of all
natural resources on the site, including areas of woodlands or other
vegetation to be preserved, and the proposed use of the site, including
any existing or proposed structures.
(b)
The limits of all encroachments and disturbances
necessary to establish the proposed use on the site, including a grading
plan showing existing and proposed contours.
(c)
Calculations indicating the area of the site
comprising each of any regulated natural resources and the area of
each of such natural resources that would be disturbed or encroached
upon. The calculations shall be shown on submitted plan sheet(s).
(d)
Deed restrictions, conservation easements, or
other mechanisms proposed to ensure continued resource protection
where applicable and subject to Township approval.
(2)
Continued protection of identified natural resources.
To ensure the continued protection of identified natural resources,
the following requirements shall apply:
(a)
Natural resource areas on individual lots.
[1]
For natural resource areas protected under the
terms of this section located on individual lots, deed restrictions,
conservation easements, or other permanent mechanisms acceptable to
the Township shall be recorded for each lot that has such natural
resource areas within its boundaries.
[2]
The mechanism(s) approved by the Township for
permanent protection of natural resources shall clearly state that
the maintenance responsibility lies with the individual property owner
and shall provide for the continuance of natural resource protection
in accordance with the provisions of this chapter.
(b)
Natural resource areas held in common.
(c)
Changes to approved plans. All applicable plans and deeds shall include the following wording: "Any structures, infrastructure, utilities, sewage disposal systems, or other proposed land disturbance indicated on the approved final plan shall only occur at the locations shown on the plan. Changes to such locations shall be subject to additional review and reapproval in accordance with the provisions of § 250-87, Chapter 250, Zoning, of the Pocopson Township Code."
(3)
Modifications to natural resource conservation standards.
(a)
For any use or activity subject to subdivision or land development review, as part of applicable plan submission, modification(s) may be requested to the provisions of this § 250-87. Requested modification(s) may be granted at the discretion of the Board of Supervisors pursuant to the provisions of Chapter 190, Subdivision and Land Development.
(b)
For any use or activity not subject to Subdivision or Land Development review but where the use or activity is subject to application for approval of a conditional use, special exception, or zoning variance, modification(s) to the provisions of this § 250-87 may be requested as part of such application.
(c)
For any use or activity not otherwise subject to permit or approval as provided in M(3)(a) or (b), modification(s) to the provisions of this § 250-87 may be requested in the form of an application for grant of a special exception by the Zoning Hearing Board. Such applications shall be submitted to the Township Planning Commission for review and comment prior to formal special exception application to the Zoning Hearing Board.
(d)
In consideration of approval of any request for modification(s) under this § 250-87, it shall be determined that the specific nature of the lawful use or activity, existing site conditions, and/or safety considerations warrant such modification(s) and that the resource protection purposes of this § 250-87 shall be adhered to, to the maximum extent practicable.
(e)
No alteration of the use regulations set forth in § 250-87F(3) through (5) of this chapter shall be authorized as a modification pursuant to this subsection. Any such requested alteration shall require a variance in accordance with § 250-78 of this chapter.
[Added 10-16-2017 by Ord.
No. 3-2017]
(4)
Agricultural exception to natural resource conservation
standards. Disturbance or removal of woodland, hedgerow, or oldfield
vegetation may be excepted from the definitions of "land disturbance"
and "woodland disturbance," and from otherwise applicable regulation,
for purposes of expanding or continuing agricultural use on an existing
agricultural property or on adjacent property into which an existing
agricultural operation may be expanded, only in compliance with the
following:
[Added 12-10-2007 by Ord. No. 10-2007]
(a)
Agricultural operations on the subject property
shall be conducted in accordance with a conservation plan filed with
and acceptable to the Township and the Chester County Conservation
District.
(b)
The landowner intending to disturb or remove
woodland, hedgerow, or oldfield vegetation under this exception shall,
prior to initiation of such disturbance or removal, submit a signed
and dated statement to the Township that, at a minimum, indicates
commitment to comply with the following standards; where thereafter
any of the following standards are violated, the Township shall notify
the affected landowner that the exception has been violated and that
the subject lands shall be regulated as if the exception never had
been utilized:
[1]
Should the property be proposed for development
of more than an average of one dwelling per 20 acres within seven
years of the disturbance subject to this exception, the landowner
shall be required to replant the disturbed area with a mix of trees
and shrubs of sufficient size and number to provide a visual screen
and to provide for the re-creation of the preexisting woodland, hedgerow
or oldfield conditions to the satisfaction of the Township.
[2]
Should the Chester County Conservation District determine that the conservation plan in effect for the subject property has been repeatedly and/or grossly violated and that such violation(s) have not been corrected in a timely fashion after proper notice by the District or the Township, the landowner shall be required to replant the disturbed area as set forth in Subsection M(4)(b)[1] above.
[3]
This exception shall not apply to disturbance
or removal of vegetation within any wetland, exceptional natural area,
Zone One Inner Riparian Buffer or on very steep slopes.
N.
Suggested plant list. The following list includes
species acceptable for woodland replacement plantings. Examples of
species appropriate for use where screening or buffering is desirable
or required are indicated with an asterisk (*). Appropriate species
for street tree plantings are indicated by the notation "ST." Specific
species selection and planting locations shall reflect careful site
evaluation as further set forth herein.
|
Tree Common Name
|
Botanical Name of Tree
| |
|---|---|---|
|
Evergreen trees
| ||
|
Eastern red cedar*
|
Juniperus virginiana
| |
|
Canadian hemlock
|
Tsuga canadensis
| |
|
Red (eastern or yellow) spruce*
|
Picea rubens
| |
|
Norway spruce*
|
Picea abies
| |
|
Eastern white pine
|
Pinus strobes
| |
|
Shade trees
| ||
|
Red maple, ST
|
Acer rubrum
| |
|
Sugar maple, ST
|
Acer saccharum
| |
|
White ash, ST
|
Fraxinus americana
| |
|
Green ash, ST
|
Fraxinus pennsylvanica
| |
|
Sycamore
|
Platanus occidentalis
| |
|
White oak, ST
|
Quercus alba
| |
|
Northern red oak, ST
|
Quercus rubra
| |
|
Tulip poplar
|
Liriodendron tulipifera
| |
|
Scarlet oak, ST
|
Quercus coccinea
| |
|
Pin oak, ST
|
Quercus palustris
| |
|
Shagbark hickory
|
Carya ovata
| |
|
American basswood
|
Tilia americana
| |
|
American beech
|
Fagus grandifolia
| |
|
Black cherry
|
Prunus serotina
| |
|
London plane tree
|
Platanus acerifolia
| |
|
Small trees and shrubs
| ||
|
Rhododendron
|
Rhododendron sp.
| |
|
Black chokecherry
|
Aronia melanocarpa
| |
|
Shadbush/serviceberry*
|
Amelanchier canadensis
| |
|
Redbud
|
Cercis canadensis
| |
|
Flowering dogwood*
|
Cornus florida white
| |
|
Winterberry
|
Ilex verticulata
| |
|
Washington hawthorn*
|
Crataegus phaemopyrum
| |
|
New Jersey tea
|
Ceonothus americanus
| |
|
Sourwood
|
Oxydendrum arboreum
| |
|
Ironwood
|
Ostrya virginiana
| |
|
Arrowwood
|
Viburnum dentatum
| |
|
Black haw
|
Vibumum prunifolium
| |
|
Maple leaf viburnum
|
Viburnum acerifolium
| |
|
Mountain laurel
|
Kalmia latifolia
| |
|
Highbush blueberry
|
Vaccinium corybosum
| |
|
Lowbush blueberry
|
Vaccinium vacillans
| |
|
Common juniper
|
Juniperus communis
|
A.
Residential off-street parking regulations.
(1)
For all dwelling types, a minimum of two parking spaces
shall be provided on each lot, at least one of which shall be within
a structure. Where lot widths permit, driveways shall be so constructed
as to permit vehicles to turn around on the lot, so as to eliminate
the necessity of backing either on or off the lot. Each parking space
shall be at least 9 1/2 feet by 18 feet in size. Parking spaces
shall have an approved all-weather surface and shall have a safe and
convenient access in all seasons.
(2)
In a residential subdivision, excluding townhouses
and apartments, where lot frontages along the street are less than
200 feet or the road width is less than 24 feet, a third on-lot space
shall be provided in the garage or driveway, or in an alternative
off-street location approved by the Township. The applicant is encouraged
to consider designs such as those appended to this chapter, including
"boulevard parking" and "cul-de-sac" parking.
(3)
For townhouses and apartments, 2 1/2 parking
spaces per unit shall be provided on the lot or in congregate parking
areas. One additional space shall be provided for each unit with 2,400
square feet of floor area.
[Amended 11-28-2005 by Ord. No. 3-2005]
(4)
No recreational vehicles, boats, trailers, heavy trucks
or similar vehicles shall be parked within the street right-of-way
except for local deliveries, or parked or stored on a residential
property of three acres or less, unless they are screened from view
by an enclosed structure. On residential properties of less than three
acres, parking or storage of vehicles over two tons (load weight)
shall be prohibited under any circumstances.
(5)
A dwelling that is used for a short-term rental unit must have a
minimum of one parking space per bedroom.
[Added 7-27-2020 by Ord.
No. 3-2020]
B.
Nonresidential off-street parking regulations.
(1)
Standards.
(a)
Off-street parking spaces, with proper and safe
access from a street, shall be provided on each lot, either within
a structure or in the open, to serve the uses within the district
adequately.
(b)
Parking spaces for each vehicle shall at least
9 1/2 feet by 18 feet in size. Parking spaces shall have an approved
all-weather surface, and shall have a safe and convenient access in
all seasons.
(c)
Parking lots for over 20 vehicles shall be so
divided by permanent raised curbing that access lanes are clearly
defined, and that moving traffic will be confined to designated access
lanes.
(d)
Off-street parking spaces must be provided on
the lot for which they are intended unless satisfactory evidence is
presented to the Zoning Officer that an agreement exists which provides
for sufficient permanent off-street parking spaces on another lot.
(e)
Whenever possible, parking spaces shall not
be located within front yard areas.
(g)
Any parking for five or more vehicles on a lot
which abuts a residence district or a lot used for residence purposes,
whether single-family or multifamily, shall be screened from the adjacent
property by a buffer planting strip of width and density approved
by the Township, sufficient to fully screen the parking area from
view.
(h)
Aisles servicing parking spaces shall be a minimum
of 24 feet for back-to-back double-bay parking, and 18 feet for single-bay
ninety-degree parking.
(2)
Space requirements. There shall be sufficient parking
places provided for each use so that there is a minimum of one place
for each employee on the shift of greatest employment, plus additional
parking places to be provided by the application of the appropriate
formula listed below for each use:
(a)
Golf course: three parking spaces for each tee.
(b)
Park, riding academy, fox hunting club or other
outdoor recreational use: variable depending upon proposed intensity
of use, subject to approval of the Board of Supervisors.
(c)
Elementary school: one parking space for every
20 students, plus one parking space for each 10 fixed seats or 100
square feet of floor area in an auditorium or gymnasium.
(d)
All other schools: one parking space for each
10 students, plus one parking space for each 10 fixed seats or 100
square feet of floor area in an auditorium or gymnasium.
(e)
Offices, financial institutions, government
offices: four parking spaces for each 1,000 square feet of gross leasable
area.
(f)
Laboratory or research facilities: sufficient
parking to accommodate visitors, subject to approval of the Board
of Supervisors.
(g)
Wholesales, storage, or distribution: one parking
space for each 1,000 feet of floor area.
(h)
Gift, art, craft, and antique shops, food stores
and pharmacies: one parking space for each 100 square feet of sales
area.
(i)
Personal service shops and other retail stores:
one parking space for each 200 square feet of sales area.
(j)
Eating and drinking establishments: one parking
space for each four seats.
(k)
Motels: one parking space for each guestroom.
(l)
Supermarkets: one parking space for each 200
square feet of sales area.
(m)
Gasoline service station: two parking spaces
for each pump.
(n)
Public places of amusement: one parking space
for each four seats and/or 50 square feet of floor area.
(o)
Undertaking establishments: sufficient parking
to accommodate proposed use, subject to approval of the Board of Supervisors.
(p)
Automobile sales and service, garage, automobile
repair shop, or car wash, in addition to display and storage areas:
one parking space for each 200 square feet of floor area.
(q)
Newspaper publishing, job printing, and all
other commercial uses: one parking space for each 500 square feet
of floor area.
(r)
Hospital, sanitarium, nursing or convalescent
home, home for handicapped individuals: one parking space for each
three beds for patient use.
(s)
Retirement community: one parking space for
each dwelling unit plus one additional parking space for each three
beds for patient use.
C.
Off-street loading. Adequate space shall be provided
to accommodate the loading and unloading of trucks, tractors, and
trailers servicing any commercial, industrial, or large-scale residential
or institutional use. Loading berth space which is utilized for the
location of solid waste collection or compaction units shall be provided
for and shall be in addition to the loading space requirements provided
in this section.
(1)
Area of loading berths or spaces. A required off-street
loading berth or space shall be at least 12 feet in width and at least
65 feet in length, exclusive of aisle and maneuver space, and shall
have a vertical clearance of at least 14 feet.
(2)
Access to loading area. Each required off-street loading
space or berth shall be afforded appropriate means of vehicular access
to a street, highway, or alley in a manner which will least interfere
with traffic movement.
(3)
Surfacing. All open off-street loading areas shall
be improved with a compacted select gravel base and surfaced with
an all-weather dustless material, suitably designed for the intended
use to a standard approved by the Township Engineer. In general, the
standards of residential and collector streets shall be used depending
on projected weight limits of vehicles servicing the facility.
(4)
Screening. All loading berths or spaces and truck
circulation areas which abut a residential district shall be set back
at least 100 feet therefrom unless they are completely screened therefrom
by building walls, or a solid fence, wall, earth berm and landscaping,
or any combination thereof, not less than six feet in height; in no
case shall be at least 75 feet from residential property lines and
screened from view from such areas and from public roads.[2]
(5)
Number of spaces. Buildings with commercial, industrial,
or storage uses which exceed 6,000 square feet of gross leasable area
shall be provided with a minimum of one off-street loading space.
(6)
Location. Loading and unloading areas including those
for solid wastes shall not be located between the building setback
line and the street line, or within any required parking spaces, access
drives, or pedestrian ways.
[Amended 12-21-2009 by Ord. No. 3-2009; 7-27-2020 by Ord. No. 1-2020]
Home occupations, as defined in § 250-6 of this chapter and permitted under the provisions of § 250-15, shall comply with the following regulations and standards:
A.
General standards.
(1)
A home occupation shall be conducted within a single-family dwelling
which is the bona fide residence of the principal practitioner of
the home occupation or in an accessory building thereto which is normally
associated with a residential use. The home occupation shall be carried
on wholly indoors. There shall be no more than one home occupation
in a dwelling or accessory building.
(2)
The area used for the conduct of a home occupation, whether conducted
all or partly in an accessory structure, shall occupy no more than
25% of the total floor area of the principal dwelling unit and no
more than 1,000 square feet total, whichever is less.
(3)
There shall be no exterior display, sale or storage of materials,
products, equipment or refuse related to the conduct of the home occupation.
(4)
There shall be no discharge of potentially dangerous effluent or
fumes.
(5)
There shall be no production or storage of any material designed
for use as an explosive or any other hazardous material or chemical,
excluding such quantity of materials as might normally be used on
a property of a homeowner not engaged in a home occupation.
(6)
No equipment or process shall be used in the conduct of the home
occupation which creates noise, vibration, glare, smoke, fumes, odors,
dust, electrical interference, or other objectionable effects perceptible
at or beyond the lot boundaries.
(7)
All home occupations shall demonstrate that there are adequate sewage
facilities to handle anticipated sewage flows from the proposed use.
(8)
The Zoning Officer shall issue a permit if the standards and conditions of this chapter are met. If the home occupation shall cease to be conducted in compliance with these standards and conditions, the Zoning Officer may revoke the permit and seek enforcement remedies as provided in Article XIV.
B.
Additional standards for minor home occupations (permitted by right).
(1)
There shall be no signs, advertising or otherwise, or other indicia
showing evidence of the existence or conduct of a minor home occupation.
(2)
No additional off-street parking area shall be provided to facilitate
the conduct of the home occupation other than the off-street parking
required or permitted for the particular residential use, nor shall
the home occupation generate vehicular traffic such that there is
a need for such additional parking.
(3)
No retail sales shall be permitted on the premises.
C.
Additional standards for major home occupations (permitted by right).
(1)
No more than two persons who are not residents of the dwelling may
be employed by the principal practitioner of the major home occupation.
The principal practitioner of the major home occupation must be the
owner or tenant or the spouse of the owner or tenant, or offspring
of the owner or tenant, and a resident of the property on which the
occupation is practiced.
(2)
There shall be no more than one sign, nonilluminated, and no larger
than four square feet in aggregate area, identifying the name and
occupation of the home occupation. The area of any sign on a vehicle
or structure which is regularly visible from the street shall be included
in calculating compliance.
(3)
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 employee, plus one additional off-street parking space for
each 400 square feet of space in the dwelling or accessory structure
occupied by the home occupation; provided, however, that a total of
no more than six off-street parking spaces shall be permitted on one
lot. Off-street parking spaces are not permitted in front yards. Two
off-street parking spaces may be of concrete or asphalt. Any parking
spaces in addition to the two spaces of concrete or asphalt must be
porous, concrete or lattice block pavers. All off-street parking spaces
shall be located at least 50 feet from any property line.
(4)
No more than one business vehicle may be parked on the property on
a regular basis. Any trucks, vans or business vehicles shall have
loading capacities not exceeding two tons. The business vehicle shall
be parked in an enclosed structure or in an area screened from view
from neighboring properties and streets.
(5)
No major home occupation shall be permitted in a mobile home within
a mobile home park.
D.
Standards for bed-and-breakfast facilities.
(1)
A bed-and-breakfast facility shall be considered a major home occupation,
and shall be subject to all applicable standards of this section regarding
major home occupations.
(2)
A bed-and-breakfast facility shall be permitted only in single-family
detached owner-occupied dwellings, or existing buildings accessory
thereto on the same property. Only those buildings identified as surveyed
historic resources within Pocopson Township shall be eligible for
use as a bed-and-breakfast facility.
(3)
A lot size of not less than five acres shall be required for the
operation of a bed-and-breakfast facility. The Board may consider
a reduced lot size, but in no case less than one acre, where:
(a)
The property in question is adjacent to a commercial or an industrial
zoning district;
(b)
The Board is satisfied that sufficient parking to meet the requirements
of this section can be provided on the lot without altering substantially
its residential character;
(c)
The adequacy of the sewage system to handle the increased flows
and the availability of sufficient backup area on the lot has been
certified by the Chester County Health Department on the basis of
an on-site inspection, or the requisite improvements on the system
have been made; and
(d)
Compliance with all other requirements of this section can be
demonstrated.
(4)
The principal use of the property shall remain that of a single-family
dwelling.
(5)
No more than three guest rooms may be offered for bed-and-breakfast
purposes on any individual residential property.
(6)
There shall be provided one full bathroom (one toilet, wash basin,
bath and/or shower) for each two guest rooms.
(7)
Length of stay shall not exceed seven uninterrupted days for any
guest.
(8)
Meals shall consist of breakfast only, and only for guests of the
establishment. Owners shall comply with all federal, state and local
requirements for the preparation, handling, and serving of food.
(9)
Any amenities (swimming pool, tennis court, etc.) shall be for the
sole use of the resident owner and the bed-and-breakfast guests.
(10)
The owner shall maintain a current guest register.
(11)
Other than minimum lot size, area and bulk standards shall be
those that apply to single-family detached dwellings within the applicable
zoning district.
(12)
One off-street parking space shall be provided per guest room,
which shall not be located in any required front yard area.
(13)
No signs shall be permitted in association with a bed-and-breakfast
operation.
(14)
Each bed-and-breakfast facility shall be equipped, at minimum,
with one smoke detector in each guest room and one fire extinguisher
per floor or sleeping area. Guests shall be provided information regarding
the floor plan of the dwelling and the location of the emergency exits.
(15)
Proof of annual fire inspection by a fire company or recognized
fire safety organization shall be available at all times.
E.
Issuance of permit. All applications for approval of a home occupation
shall be filed with the Township Zoning Officer and shall be accompanied
by plot plan in duplicate, drawn to scale, showing the location and
size of each building on the lot on which the home occupation use
will be made, the actual dimensions of the lot including dimensions
of the front, back and side yards and such other information, in narrative
form if necessary, as may be necessary to enable the Zoning Officer
to determine that the proposed home occupation will conform to the
provisions of all Township ordinances and regulations. A record of
such application and plans submitted in support thereof shall be kept
on file by the Zoning Officer. No zoning permit shall be issued until
the Zoning Officer has determined that the proposed home occupation
complies with all the provisions of this chapter.
[Added 7-27-2020 by Ord.
No. 1-2020]
A home-related business, as defined in § 250-6 of this chapter and permitted under the provisions of § 250-15, shall comply with the following regulations and standards:
A.
General standards.
(1)
Location. A home-related business shall take place only on a
lot containing a single-family detached dwelling and shall be conducted
only within the dwelling unit or an accessory structure allowed as
an accessory use in the zoning district in which the lot is located;
except that a home-related business may be conducted from a multifamily
dwelling unit, provided that there shall be no nonfamily workers or
family workers that reside outside the dwelling unit and there shall
be only two business vehicles permitted.
(2)
The area used for the conduct of a home-related business, whether
conducted all or partly in an accessory structure, shall occupy no
more than 25% of the total floor area of the principal dwelling unit
and no more than 1,000 square feet total, whichever is less.
(3)
There shall be no exterior display, sale or storage of materials,
products, equipment or refuse related to the conduct of the home-related
business.
(4)
There shall be no discharge of potentially dangerous effluent
or fumes.
(5)
There shall be no production or storage of any material designed
for use as an explosive or any other hazardous material or chemical,
excluding such quantity of materials as might normally be used on
a property of a homeowner not engaged in a home-related business.
(6)
No equipment or process shall be used in the conduct of the
home-related business which creates noise, vibration, glare, smoke,
fumes, odors, dust, electrical interference, or other objectionable
effects perceptible at or beyond the lot boundaries.
(7)
Nonfamily members, family members that reside outside the dwelling
unit, or independent contractors working on the property, whether
receiving remuneration or not, shall not exceed two persons. Persons
assisting with the administration of the home-related business shall
be considered workers regardless of whether they receive remuneration
or not.
(8)
Sign. No sign shall be permitted on the property indicating the presence of a home-related business except signs on vehicles used for the home-related business as permitted in this § 250-89.1.
(9)
Parking. All employees of the home-related business shall park
in the off-street parking spaces require by this section. 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 employee, plus one additional off-street parking space for each
400 square feet of space on the premises occupied by the home-related
business; provided, however, that a total of no more than six off-street
parking spaces shall be permitted on one lot. (Off-street parking
spaces are not permitted in front yards.) Two off-street parking spaces
may be of concrete or asphalt. Any parking spaces in addition to the
two spaces of concrete or asphalt must be porous, concrete or lattice
block pavers. All off-street parking spaces shall be located at least
50 feet from any property line.
(10)
Business vehicles. A maximum of two vehicles, bearing current
and valid inspection and emissions stickers and currently licensed
by the Pennsylvania Department of Motor Vehicles, which are used for
a home-related business shall be permitted on the lot on which the
home-related business is conducted, except in the case of a multifamily
dwelling unit where only one such vehicle shall be permitted for a
home-related business. No one vehicle or trailer capable of being
attached to the vehicle shall exceed 10,000 pounds of gross vehicle
weight.
(11)
Uses. Permitted home-related business uses include, but are
not limited to, such uses as an electrician, plumber, carpenter and
other skilled workman.
(12)
Customer/client visits. The home-related business use shall
not involve any customer or client visits to the property, and there
shall be no direct sales of products on or from the lot.
(13)
Number of uses. Only one home-related business shall be permitted
on any one lot.
B.
Issuance of permit. All applications for approval of a home-related
business shall be made to the Township Zoning Officer and shall be
accompanied by plot plan in duplicate, drawn to scale, showing the
location and size of each building on the lot on which the home-related
business use will be made, the actual dimensions of the lot including
dimensions of the front, back and side yards and such other information,
in narrative form if necessary, as may be necessary to enable the
Zoning Officer to determine that the proposed home-related business
will conform to the provisions of all Township ordinances and regulations.
A record of such application and plans submitted in support thereof
shall be kept on file by the Zoning Officer. No zoning permit shall
be issued until the Zoning Officer has determined that the proposed
home related-business complies with all the provisions of this chapter.
To minimize traffic congestion and hazard, control
street access, and encourage orderly development of street highway
frontage, the following regulations shall apply:
A.
Unless clearly impractical or inappropriate, lots
which abut two or more streets shall have direct access only to a
street of lesser functional classification.
B.
Where residential lots are created having frontage
on an existing arterial, collector, or local road within the Township,
the subdivision street pattern shall provide reverse frontage access
to a local street within the subdivision, rather than access to the
existing arterial, collector, or local road. All such lots shall be
provided with a minimum rear yard of 80 feet from the street line
of any existing arterial, collector, or local road.
C.
No more than one point of ingress/egress from/to a
public street shall be permitted per street frontage for any tract,
except that a tract with more than 500 feet of frontage on a public
street may have a second access point on that street. The second access
point shall be located not less than 300 feet from the first, as measured
from center line to center line and shall meet sight distance requirements
established by PennDOT or the Township, whichever is more stringent.
D.
All vehicular accessways to or from any public street
shall be located not less than 100 feet (measured from center line
to center line) from any intersection of streets. Greater distances
may be required for commercial or industrial uses accessing from unsignalized
arterial or collector roads.
E.
Provision shall be made for safe and efficient ingress
and egress to and from public streets without undue congestion or
interference with normal traffic flow within the Township. The developer
shall be responsible for the design, construction, and costs of any
necessary traffic control devices and/or highway modifications required
by the Township and/or the Pennsylvania Department of Transportation.
F.
In cases where property access poses a particular
safety problem with respect to inadequate sight distance or similar
concerns, the Board may require the construction of a common driveway
in place of two individual driveways to serve adjacent lots.
The following standards shall apply to the storage
of all man-made materials:
A.
Storage for periods in excess of 30 days shall be
screened from view of any public right-of-way and any contiguous residential
use. Screening shall consist of contiguous evergreen plantings and/or
include walls, opaque fencing, or similar screening designed to be
architecturally compatible with the building and an architectural
screen approved by the Board.
B.
No storage shall be permitted within any front yard.
C.
No merchandise, goods, articles, or equipment shall
be stored, displayed, or offered for sale outside any building except
seasonal articles which are too large or otherwise infeasible to be
stored indoors. Such articles shall be stored adjacent to the building
housing any principal use, and shall be enclosed by either walls or
opaque fencing designed to be architecturally compatible with the
building. Such enclosure shall be at least six feet in height. Any
outdoor display area shall be considered sales floor area for purposes
of computing building coverage and parking requirement.
D.
Any organic refuse and garbage shall be stored in
tight, verminproof containers. On multifamily, commercial, or industrial
properties, solid waste storage shall be centralized to expedite collection
and adequate space provided to facilitate separation of wastes for
recycling. Storage containers shall be enclosed on three sides by
walls, opaque fencing, or similar screening designed to be architecturally
compatible with the building.
E.
Flammable and combustible liquids, solids or gases
shall be stored in accordance with the BOCA Fire Code. There shall
be no storage of toxic or hazardous waste anywhere within the Township,
including temporary storage in a parked vehicle. Hazardous waste shall
be as defined in the Pennsylvania Act 97-1980, or any subsequent amendment
or revision thereto.
[Amended 11-23-2009 by Ord. No. 2-2009; 10-16-2017 by Ord. No. 4-2017]
A.
Purpose.
(1)
This section establishes reasonable regulations governing the keeping
of animals in order to protect human and animal health, safety and
welfare, prevent unsightly and erosion-prone land use conditions,
prevent the contamination of groundwater and surface waters, and reduce
the safety hazards of straying animals.
(2)
Pet animals and livestock shall be kept only in accordance with the
standards set forth herein.
B.
ADULT ANIMAL
EXOTIC WILDLIFE
FOWL
KENNEL (COMMERCIAL)
KENNEL (PRIVATE)
LIVESTOCK
PET ANIMAL
Definitions. The following definitions shall apply to this section.
An animal having reached maturity.
Wild, dangerous and/or exotic nondomesticated animals, including,
but not limited to, bears, coyotes, foxes, raccoons, lions, tigers,
wolves, and similar animals, as defined in the Game and Wildlife Code,
Act 93 of 1986, or amendments thereof, as "exotic wildlife" or "wildlife."
Chickens, guinea hens, peacocks, ducks, geese, turkeys and
the like.
Any lot, building, structure, enclosure, or premises where
six or more dogs over six months of age are kept for commercial purposes,
including boarding, breeding, wholesale and retail of goods or animals,
or the rendering of services for profit, or any facility which is
classified as a regulated business by the Commonwealth of Pennsylvania.
A shelter at or adjoining a private residence where fewer
than 10 dogs over six months of age are bred and/or kept for hunting,
training, and exhibition for organized shows, field, working and/or
obedience trials, or for the enjoyment of an identifiable species
of dog with no wholesaling of animals.
Cattle, sheep, swine, goats, buffalo, camel, emu, ostrich,
llama, alpaca, horses, donkeys, mules, burros, ponies, fowl and other
animals of a similar nature.
Dogs, cats, rabbits, guinea pigs, rodents, birds, reptiles,
and other species of animal that may be restrained by a leash, or
by holding the animal in the hands, or by having direct supervision
and control of the animal.
C.
General standards for keeping of pet animals. The following standards
shall apply to all properties in the Township:
(1)
No pet animals of any kind shall be kept in any structure or enclosure
or elsewhere on a property which will result in unhealthy or unsanitary
conditions for humans or animals or cause excessive noise, objectionable
odors, or pollution of groundwater or stormwater runoff to neighboring
properties and surface waters.
(2)
All pet animals shall have appropriate and adequate facilities for
food and water. Permanent shelter shall be provided for all pet animals
not kept in the residence.
(3)
A fenced or otherwise enclosed outside area shall be provided which
is capable of containing any pet animals that are permanently maintained
outside on the property. Materials used for fencing shall be of sufficient
sturdiness and properly designed, installed and maintained so as to
prevent straying.
(4)
Exotic wildlife shall not be permitted in any district within the
Township unless authorized by the Exotic Wildlife Possession Permits
section of the Game and Wildlife Code, Act 93 of 1986,[1] or amendments thereto. In the event of such authorization,
the permit holder shall comply with all requirements of the Pennsylvania
Game Commission. The permit holder shall produce the permit upon request
of the Township.
[1]
Editor's Note: See 34 Pa.C.S.A. § 101 et seq.
(5)
A private kennel shall only be located on at least three acres of
land and shall be permitted by conditional use of the Board of Supervisors.
Such kennels shall comply with the Pennsylvania Dog Law (3 P.S. §§ 459-101
through 459-1205), as amended. A building used for a private kennel
shall be set back at least 100 feet from all property boundaries.
(6)
A commercial kennel shall only be located on at least 10 or more
acres of land and shall be permitted by conditional use of the Board
of Supervisors. Such kennels shall comply with the Pennsylvania Dog
Law, as amended. A building used for a commercial kennel shall be
set back at least 100 feet from all property boundaries.
(7)
In the event a homeowner's document, covenant, or other similar document
is in place and applicable to a property, whichever contains the most
restrictive standard, be it this ordinance or the document, shall
prevail.
D.
Standards for keeping of pet animals on properties less than 1/2 acre. An individual owning 1/2 acre or less shall comply with the general standards of Subsection C and the following additional regulations.
(1)
Pet canines, pet cats or other small pet animals of similar character
may be kept up to a total not to exceed three animals of any combination.
No more than one canine may be left outside the home or a soundproof
building at night.
E.
Standards for keeping of pet animals on properties between 1/2 acre and 10 acres. An individual owning less than 10 acres but more than 1/2 acre shall comply with the general standards of Subsection C and the following additional regulations:
(1)
Adult pet canines, pet cats or other small pet animals of similar
character and impact may be kept up to a total not to exceed six animals
of any combination. No more than one canine may be left outside the
home or a soundproof building at night.
(2)
A maximum of 20 fowl, rabbits, guinea pigs or the like may be kept
on any parcel greater than two acres. For lot sizes of less than two
acres, five fowl or 10 rabbits and the like may be kept. Any structure
housing fowl shall be set back a minimum of 50 feet from any dwelling
on an adjacent lot and a minimum of 25 feet from the property boundaries.
F.
Standards for keeping of pet animals on properties 10 acres or greater. An individual owning more than 10 acres shall comply with the general standards of Subsection C and the following:
(1)
No adult pet canines in excess of those permitted by Subsection E(1) shall be permitted, except in kennels or in facilities maintained for the benefit of a member-supported foxhunting organization. Such kennels or other suitable shelter for six or more canines shall not be located within 500 feet of any adjoining property unless permitted by special exception of the Zoning Hearing Board. The Board shall ensure that soundproofing, waste treatment facilities, food preparation and storage facilities, and running water are provided, that the facility will be landscaped to prevent viewing from public roads or neighboring residences, and all other requirements for a special exception are met. No more than one canine may be left outside the home or a soundproof building at night.
(2)
A maximum of 30 fowl, rabbits, guinea pigs or the like may be kept
on any parcel greater than 10 acres. Any structure housing fowl shall
be set back a minimum of 50 feet from any dwelling on an adjacent
lot and a minimum of 25 feet from the property boundaries.
G.
General standards for keeping of livestock.
(1)
Buildings or structures that house any livestock shall be constructed
or placed at least 100 feet from any property line.
(2)
All permanent shelters for livestock shall be designed for ease of
manure removal and handling.
(3)
A fenced or otherwise enclosed outside area shall be provided which
is capable of containing the livestock and is of sufficient size and
properly located for good sanitation practices. Materials used for
fencing shall be of sufficient sturdiness and properly designed, installed
and maintained so as to prevent straying.
(4)
The owner of any livestock shall provide proof of a written manure
management plan or certified nutrient management plan, as applicable,
that identifies any animal concentration areas and best management
practices as required by the Department of Environmental Protection
(DEP) and DEP's Manure Management Manual.
(5)
The owner of any livestock shall provide proof of a written agricultural
erosion and sediment control plan, if required by DEP.
(6)
Manure storage shall be set back a minimum of 100 feet from the property
line and shall be designed, constructed, maintained and operated in
accordance with the applicable laws and regulations. Permits shall
be secured from all governmental agencies having jurisdiction over
this activity.
(7)
Livestock that are not kept in the course of a normal agricultural
operation as such term is defined pursuant to the Pennsylvania Right
to Farm Act, 3 P.S. § 951 et seq., shall not be kept on
properties of less than one acre.
H.
Standards for keeping animals for commercial purposes. The keeping
of animals for commercial purposes, including, but not limited to,
riding academies, commercial stables and kennels, shall be permitted
only on those land parcels over 10 acres, with the exception of private
kennels which are permitted on properties of three acres or greater.
A conditional use permit shall be required for these uses.
A.
Purpose. In allowing opportunities for the creation
of accessory dwelling units within existing single-family dwellings,
in buildings accessory to single-family dwellings, or in new structures
designed specifically for that purpose, it is the intent of this section
to address the housing needs of small households and the economic
viability of the existing housing stock in the Township. In particular,
it is the intent to balance the needs and desires of extended families
to provide an independent residence for a family member with the need
to protect the existing residential character of the surrounding neighborhood.
The ability to make reasonable and efficient use of large residential
structures already situated in the Township, again consistent with
neighborhood character, also is an important objective.
B.
General standards.
(1)
Accessory dwelling units shall be permitted only in the Residential and Agricultural District, and only upon the grant of conditional use approval from the Board of Supervisors, pursuant to § 250-70 of this chapter.
(3)
There shall not be more than one accessory dwelling
unit on any lot occupied by a single-family dwelling.
(4)
One of the two dwelling units shall be occupied by
the owner of the lot on which both dwelling units are located.
(5)
The lot on which the accessory dwelling unit is proposed must meet the minimum lot size requirement (calculated in net acres) for the underlying zoning district; lots of record which are nonconforming with respect to required minimum lot size requirement (calculated in net acres) shall not be eligible for conditional use approval for an accessory dwelling unit. In addition, the lot must comply with the minimum contiguous lot area requirements of § 250-86.
[Amended 12-10-2007 by Ord. No. 9-2007]
(6)
Except as otherwise required by Subsection D, below, the lot must be served by a septic tank with a minimum capacity of 1,000 gallons. The applicant must present documentation from the Chester County Health Department as to the size of the tank, as well as the adequacy of the drainage field and the absence of reported failures or problems. Where these conditions cannot be fulfilled, the Board may require the replacement of the existing system or the installation of an additional septic system to serve the proposed accessory dwelling unit.
(7)
Where the existing garage on a property is to be fully converted to an accessory dwelling unit, the applicant must demonstrate the availability of, and/or must construct, sufficient replacement parking facilities to comply with the requirements of Subsection B(10) below, prior to the issuance of a certificate of occupancy.
(8)
Water supply for the two dwelling units must meet
all applicable standards of the Chester County Health Department and
the Pennsylvania Department of Environmental Protection.
(9)
The driveway and parking area on the property must
be in sufficiently good condition to serve both dwelling units. The
Board may require an inspection by and report from the Township Engineer
as to the quality of the existing surfaces, and may require resurfacing
by the applicant as it deems necessary.
(10)
One off-street parking space shall be required
for the accessory dwelling unit, in addition to those required for
the principal dwelling. The additional parking space shall not be
located within any required minimum area or setback area.
C.
Additional standards for an accessory dwelling unit
to be contained within a single-family detached dwelling.
(1)
The accessory dwelling unit must be entirely within
the principal dwelling or located within a garage or barn attached
to the principal dwelling unit.
(2)
Such an accessory dwelling unit shall comprise not
more than 600 square feet of gross floor area, and, absent unusual
or compelling circumstances, the accessory dwelling unit shall not
be occupied by more than one resident.
(3)
Any addition to the existing structure to accommodate
an accessory dwelling unit shall be limited in its size to 10% of
the net floor area of the existing principal dwelling. No other alteration
to the exterior of the structure shall be permitted unless necessary
for health and safety reasons.
(4)
No exterior changes shall be made which, in the judgment
of the Board, are not in conformance with the existing character of
the neighborhood. No special entrance shall be created in any facade
which faces a street. The property shall contain not more than one
exterior mailbox and shall be identified as one number address.
D.
Additional standards for an accessory dwelling unit
to be contained within a detached structure.
(1)
A property proposed to contain an accessory dwelling
unit in a detached structure must have a minimum lot size of not less
than three net acres.
[Amended 12-10-2007 by Ord. No. 9-2007]
(2)
The accessory dwelling unit may be located in an existing
detached structure or in a structure proposed to be built for that
purpose.
(3)
The gross and net floor area of the accessory dwelling unit shall not exceed 25% of the respective gross and net floor area of the principal residence on the property, or 600 square feet, whichever is greater. This limitation shall not apply to properties which meet the criteria of Subsection D(5)(b), below; on such properties, there shall be no limit on maximum size of the accessory dwelling unit.
(4)
Where the floor area of the accessory dwelling unit
will exceed 600 square feet, or its location precludes the reasonable
ability to utilize the existing septic system on the property, a separate
septic system on the property, a separate septic tank and drainage
field, shall be installed in accordance with all requirements of the
Chester County Health Department.
(5)
For any property containing two times the minimum
lot size for the RA District, and thus having the potential for further
subdivision, the plan for the accessory dwelling unit also shall demonstrate
whether the property is capable of subdivision, consistent with all
requirements of this chapter and the Township Subdivision Land Development
Ordinance, thereby creating a separate lot for each dwelling unit.
(a)
Where the property could not qualify for subdivision
approval, a deed restriction against further subdivision to run in
favor of the Township, in form acceptable to the Board of Supervisors
and the Township Solicitor, shall be imposed on the property, and
recorded in the Recorder of Deeds Office for Chester County.
(b)
Where the property does have the potential for
meeting all applicable requirements of this chapter and the Township
Subdivision and Land Development Ordinance, the proposed improvements
for the accessory dwelling unit shall satisfy, or have good and sufficient
reasons for not satisfying those additional requirements. No formal
subdivision approval shall be sought or granted, but the results of
this review process shall be filed with the application for building
permit. This review process and the location of the accessory dwelling
unit shall not be construed to limit the full application of the Township
Zoning Ordinance and Subdivision and Land Development Ordinance in
the future, or in any way constitute a waiver of the requirement that
subdivision or land development approval be obtained pursuant to applicable
Township ordinances.
(6)
No separate driveway access to a street shall be created
for the detached accessory dwelling unit. Access shall be shared with
that which exists for the principal residence.
[Amended 12-10-2007 by Ord. No. 9-2007; 12-3-2012 by Ord. No. 8-2012]
A.
Accessory buildings and structures in residential
districts that do not exceed 300 square feet of floor area and are
not designed or used for temporary or regular human or animal habitation
shall be set back from the side and rear property lines a minimum
distance equal to the height of the building at its highest point
or 10 feet, whichever is greater, and shall comply with minimum front
yard setbacks, impervious surface limits and the following:
(1)
The accessory building or storage/utility structure
shall be built out of materials (and painted or otherwise finished)
as to be compatible with the dwelling unit on the same lot and the
other dwelling units in the neighborhood. Exterior doors shall not
permit any opening with a width of greater than seven feet.
(2)
An accessory building or storage/utility structure
of this size may not be used for the storage and repair of licensable
or licensed motor vehicles or for any commercial or home occupation
purposes. The structure shall be used for the storage of household
articles, yard and garden tools, and small equipment such as lawn
mowers, chain saws, etc.
(3)
Swimming pools, tennis or basketball courts, or other
active use facilities shall be set back from all side and rear property
lines a minimum of 50 feet and 100 feet from roadways. Equestrian
riding rings shall be set back twice the above minimums.
(4)
If the underlying zoning district or selected development
option contains more-restrictive setback requirements, the applicant
shall comply with the more-stringent requirements.
B.
Accessory buildings and structures in residential districts that exceed 300 square feet of floor area but are less than 2,500 square feet of floor area and are not designed or used for temporary or regular human or animal habitation, including freestanding garages, shall be set back from the side and rear property lines a minimum distance equal to the height of the building at its highest point or 30 feet, whichever is greater, and shall comply with minimum front yard setbacks and Subsection C below.
C.
Accessory buildings and structures in residential
districts that are designed or could be used for animal husbandry
shall comply as follows:
(1)
Building for pigeons, poultry, miniature equines,
rabbits and other small, quiet animals with inoffensive smells or
habits shall be set back a minimum of 100 feet from a street right-of-way
line and a distance from side and rear property lines equal to the
height of the building at its highest point or 10 feet, whichever
is greater.
(2)
Buildings for bovines, ovines, equines and other pack
animals must be set back a minimum of 150 feet from a street right-of-way
or any residential structure on adjacent properties and no less than
100 feet from any side or rear property line.
(3)
Setbacks for swine and large animal confinement buildings
shall be 200 feet from any residential buildings on adjacent properties.
D.
Accessory building and structures (excluding fences) in the C-1 Neighborhood Commercial District, the Limited Industrial District, and the I-Institutional District shall comply with the standards set forth in Article V, Article VII, and Article XV, respectively.
[Amended 3-28-2022 by Ord. No. 2-2022]
E.
Fences and walls.
(1)
The following regulations shall apply to all fences and walls in
all districts:
(a)
No fence or wall shall encroach on any right-of-way.
(b)
No fence or wall shall be erected, installed or constructed
which obstructs sight distance at street intersections, whether public
or private, or at the point where any driveway intersects a public
or private street.
(d)
No fence or wall with barbed wire, spikes, exposed nails or
other sharp objects shall be permitted. Notwithstanding the above,
barbed wire or aboveground electrified fences shall be permitted on
lots used for agricultural purposes that are three or more acres in
size. Aboveground electrified fences shall be nonhazardous to people
and shall be clearly marked.
(e)
Chain-link fence is not permitted, except as required for security or access control purposes as provided in §§ 250-49 and 250-96, or by special exception of the Zoning Hearing Board. Where granted, the fence shall be landscaped in such a manner as to be indiscernible from such landscaping from any viewpoint on adjacent properties and street. Fences generally shall be made of wood, wrought iron, plastic, vinyl, aluminum or other architectural-grade material. Stockade or solid barrier fencing is permitted if located behind existing vegetation or if it is landscaped with suitable green materials or a living plant screen.
(f)
At no time may a person or persons installing a fence or wall
encroach onto the adjacent property without the written approval of
the adjacent property owner, a copy to be submitted to Township Office
and attached to the permit application.
(2)
The following regulations shall apply to all fences and walls in
the residential and agricultural district:
(a)
No fence over six feet in height or wall over four feet in height
shall be erected, installed or constructed, except in compliance with
all requirements applicable to construction of a structure including
obtaining required permits.
(b)
Fences erected, installed or constructed in the front yard of
any parcel shall not exceed five feet in height and shall have a ratio
of open to solid area of at least four to one.
(c)
Fences or walls erected, installed or constructed in a side
yard or rear yard setback area of any lot shall not exceed six feet
in height and may be solid.
(d)
No permit shall be required for decorative fences and walls
and nonboundary fences with a maximum height of three feet located
within a parcel. Examples of decorative fences and walls include,
but are not limited to, picket fences, iron or similar fences, stone
or similar walls, and raised planting areas. Decorative walls shall
not be used as retaining walls.
(e)
To the extent that any side of a fence is more finished than
the other side of that fence, the more finished side of the fence
must face the abutting property, regardless of whether the abutting
property is public or private.
(3)
The following regulations shall apply to fence and wall installation
and maintenance in all districts:
(a)
Fences and walls shall be installed so that they are straight
and do not sag, lean in any direction or extend over the property
line.
(b)
Fences and walls shall be erected, installed or constructed
only at the natural grade of the property and shall not be erected
on berms or artificial mounds.
(c)
Fences, walls and related structures shall be kept in good repair,
structurally sound and in compliance with the International Building
Codes so as not to pose a threat to public health, safety or welfare.
(d)
Fences, walls and related structures shall be repaired or replaced
if the nominal strength of any structural member is exceeded by nominal
loads, the load effect or the required strength due to rust, decay
or deterioration.
(4)
The following regulations shall apply to boundary fences and walls
in all districts:
(a)
Boundary fences and walls shall be set back at least 10 feet
from the paved area of all public roads or streets.
(b)
Boundary fences and walls shall not obstruct existing or proposed
trail easements and shall be installed to allow for maintenance on
both sides of the fence or wall.
(c)
In front yards, boundary fences and walls shall be a maximum
height of five feet unless authorized by a special exception of the
Zoning Hearing Board.
(d)
In side yards beyond the front yard setback, and rear yards,
the maximum height for a boundary fence shall be six feet unless authorized
by a special exception by the Zoning Hearing Board.
(5)
The following regulations shall apply to privacy and residential
swimming pool fences in all districts:
(a)
In side yards beyond the front yard setback, and rear yards,
privacy fences shall be located a minimum of 10 feet from the property
lines.
(b)
Privacy fences are not permitted forward of the rear of the
main building unless authorized as a special exception by the Zoning
Hearing Board.
(c)
The maximum height of a privacy fence shall be six feet; the
minimum height for a swimming pool fence shall be four feet.
(d)
Where privacy fences are attached to a structure, there shall
be at least one access point (such as a gate or opening) at least
three feet wide for rapid access to and from the yard enclosed by
a fence.
(e)
All swimming pool fences and/or privacy fences enclosing a swimming
pool shall have a self-locking gate with an audible alarm.
(6)
The following regulations shall apply to temporary fences in all
districts:
(a)
A temporary fence may be constructed of wire, rolled plastic,
wood or other suitable material as determined and approved by the
Township Building Inspector or Zoning Officer.
(b)
The maximum height of a temporary fence shall be six feet unless
a height in excess of six feet is required by the International Building
Code for the protection of a construction site or for the protection
of a deemed hazard by the Township Building Inspector or Zoning Officer.
(c)
No permit shall be required for a temporary fence which is erected
for less than six months during a calendar year.
(7)
The following regulations shall apply to deer and plant protection
fencing in the residential and agricultural district:
(a)
Deer and plant protection fencing shall be constructed of a
monofilament material that is dark green, black, or brown in color
or of a similar material with low visibility.
(b)
Low-visibility polypropylene fencing used to control deer may
include metal hexagrid fencing products used for segments of perimeter
or boundary control.
(c)
Fence posts shall be dark green, black, or brown in color or
of a material that will provide minimal visual impact.
(d)
Deer and plant protection fencing shall not exceed a height
of 10 feet.
(e)
Deer fencing shall not encircle an entire property perimeter.
Deer fencing shall be set back from any property line by the distance
required for accessory buildings.
(f)
Deer fencing shall be set back at least 20 feet from existing
Township trails. Deer fencing shall not cross or close off existing
Township trails.
(8)
The following regulations shall apply to retaining walls in all districts:
(a)
No retaining wall shall be erected, installed or constructed,
except in compliance with all requirements applicable to a structure.
(b)
No retaining wall shall be constructed without review and approval
of the design and specifications by the Township Engineer.
(c)
When the adjoining grade is not higher than the natural level, the person causing an excavation to be made shall erect a retaining wall pursuant to the provision of the Grading Ordinance, Chapter 85, or the Subdivision and Land Development Ordinance (Chapter 190) at his own expense and on his own land. Such wall shall be built to a height sufficient to retain the adjoining earth and shall be properly coped.
(d)
Walls built to retain or support the lateral pressure of earth,
water or other superimposed loads shall be designed and constructed
of approved masonry, reinforced concrete, steel sheet pilings or other
approved materials within the allowable stresses of engineering practices,
and subject to the approval of the Township Engineer and the Zoning
Officer and in conformance with the Township Code.
(e)
A retaining wall of approved construction, designed by a registered
civil engineer or architect, shall be required for all permanent landfills
or excavations which exceed three feet in height or depth along a
property boundary line, unless a 1:1 natural slope of the land can
be maintained entirely within the boundaries of the excavated or filled
property.
(f)
A fence or other barrier to pedestrians such as plants shall
be installed at the top of any retaining wall four or more feet high
and on retaining walls less than four feet high if determined necessary
for safety by the Zoning Officer or Township Engineer.
(g)
Retaining walls shall require a grading permit, building permit,
and approval by a professional engineer along with requisite inspections.
(9)
Permits.
(a)
The landowner, or the applicant with the landowner's permission,
shall submit a copy of the certified survey, or proof of boundary
markers by photographs, and a detailed plan showing the location of
the fence or wall on the property, the type of fence or wall, the
height from the natural grade, all openings and other related information.
(b)
The Township shall have the authority to inspect the fence or
wall once it is installed or built to ensure that it was constructed
according to the approved permit and plan submitted.
(c)
A building and/or zoning permit must be applied for, approved,
received, and posted on the property prior to the start of any work
to construct a fence or retaining wall that exceeds the heights specified
in the International Residential Code or when determined by the Building
Inspector, Zoning Officer, and/or Township Engineer.
(d)
Issuance of the permit by the Township in no way implies or
confirms that a project has been approved by the applicant's homeowners'
association, if applicable, and/or that the issuance supersedes the
requirements of the homeowners' association. It is solely the applicant's
obligation to comply with the homeowners' association's requirements.
(10)
All existing fences and walls which do not conform to the requirements
of this section shall be nonconforming and shall be made to conform
as follows:
(a)
Once a fence or wall is removed voluntarily or through neglect,
the replacement wall or fence must comply with all the provisions
of this section.
(b)
Any completed repairs or repairs required to be done more than
50% of the overall linear feet of the fence or wall will require the
entire fence or wall to comply with all the provisions of these regulations.
(c)
Any fence or wall which in the judgment of the Zoning Officer
is dilapidated, unsafe, dangerous and/or a menace to the health, safety
and general welfare of the people of Pocopson Township shall be made
to comply with all provisions of these regulations.
A.
The provisions of this section are enacted in order
to minimize undesirable off-site effects while providing for lighting
that is sufficient for the safe and pleasurable use of each property.
All lighting shall be arranged, constructed, screened, or shielded
so as to protect streets and neighboring properties from direct or
indirect glare which may cause a safety problem.
B.
All exterior light fixtures, except streetlighting
and associated traffic safety devices provided by a public utility
or governmental entity within a public right-of-way, shall comply
with the following standards. Measurements shall be made two hours
after sunset with the lamp(s) or luminaire(s) in question on and then
off; all lamps, luminaires, transparencies, translucencies, and meter
filters must be clean; the difference between the on and off readings
shall not exceed the permitted value.
(1)
Illuminance at property lines. Illuminance at any
point of a property's perimeter shall be no more than 0.5 footcandle
when measured with a calibrated, stable reading photometer, regardless
of the attitude or angle of the meter to the light source.
(2)
Point sources of light. In addition to the above requirement,
all lamps equipped with diffusing translucencies and rated at more
than 1,750 lumens average (a G.E. "soft white" one-hundred-watt lightbulb
is rated at 1710 lumens) and measuring greater than 8.0 footcandles
when measured with a calibrated, stable reading photometer at a distance
of five feet from the light source(s), regardless of the attitude
or angle of the meter to the light source(s) shall be shielded so
that the light source(s) are not directly visible beyond the perimeter
of the lot. All lamps not equipped with diffusing translucencies and
rated at more than 1,200 lumens average (a G.E. "crystal clear" seventy-five-watt
lightbulb is rated at 1,190 lumens average) and measuring greater
than 4.0 footcandles when measured with a calibrated, stable reading
photometer at a distance of five feet from the light source(s) shall
be shielded so that the light source(s) are not directly visible beyond
the perimeter of the lot.
(3)
Broad areas of illumination. In addition to the above
requirements, illuminated areas visible beyond the perimeter of a
lot shall not be illuminated so that the reflected light is in excess
of an average of 1.0 footcandle and may not exceed 5.0 footcandles
at any point when measured at a distance of one foot from the surface
with a calibrated, stable reading photometer regardless of the attitude
or angle of the meter to the lighted surface. Illuminated areas not
visible beyond the perimeter of a lot shall not be illuminated so
that the reflected light is in excess of an average of 2.0 footcandles
and may not exceed 10.0 footcandles at any point when measured at
a distance of one foot from the surface with a calibrated, stable
reading photometer regardless of the attitude or angle of the meter
to the lighted surface.
(4)
Beam projectors. In addition to the requirements in Subsection B(1) and (3) above, types of lamps or luminaires that produce light in near parallel rays, including but not limited to spot and flood lamps, shall be directed generally downwards so that the center of the beam of light is no more than 30° from vertical and so that the beam angle will fall completely within the perimeter of the property.
(5)
No exterior lighting fixture shall have any blinking,
flashing, or fluttering light or other illuminating device which has
changing light intensity, brightness, or color. No beacon light shall
be permitted.
(6)
Neither direct nor reflected light from any exterior
lighting fixture shall create a disabling glare that would be a potential
traffic hazard for motor vehicle operators on public roads.
(7)
The Township may allow lighting in excess of this
section, including but not limited to low-level specialized lighting
of buildings, accent lighting, security lighting, or lighting of recreational
areas within a property, only if it can be demonstrated that the lighting
design will restrict lighting pollution, overhead sky glow, and lighting
trespass onto adjacent properties and roads.
(8)
A lighting plan must be developed to demonstrate compliance
with this chapter.
[Amended 7-13-2015 by Ord. No. 3-2015]
A.
Purposes and findings of fact.
(1)
The purpose of this section is to regulate the placement, construction
and modification of wireless communications facilities, in order to
protect the health, safety and welfare of the public, while not unreasonably
interfering with the development of the competitive wireless telecommunications
marketplace in Pocopson Township (hereinafter the "Municipality").
The purpose of this section may be achieved through adherence to the
following objectives:
(a)
Protect residential areas and land uses from potential adverse
impacts that wireless communications facilities might create, including
but not limited to negative impacts on aesthetics, environmentally
sensitive areas, historically significant locations, flight corridors,
and health and safety of persons and property;
(b)
Establishment of clear and nondiscriminatory local regulations
concerning wireless telecommunications providers and services that
are consistent with federal and state laws and regulations pertaining
to telecommunications providers;
(c)
Encourage the location of wireless communications facilities
in nonresidential areas and allow wireless communications facilities
in residential areas only when necessary to meet functional requirements
of the telecommunications industry as defined by the Federal Communications
Commission;
(d)
Encourage and, where legally permissible, require cooperation
between competitors and, as a primary option, joint use of new and
existing towers, tower sites and suitable structures to the greatest
extent possible, in order to reduce cumulative negative impact on
the Municipality;
(e)
Ensure wireless communications facilities are configured in
a way that minimizes the adverse visual impact of the facilities,
as viewed from different vantage points, through careful design, landscape
screening, minimal impact siting options and camouflaging techniques,
and through assessment of current location options, siting, future
available locations, and innovative siting techniques;
(f)
Enhance the ability of the providers of telecommunications services
to provide such services to the community quickly, effectively and
efficiently;
(g)
Provide for the prompt removal of wireless communications facilities
that are abandoned or no longer inspected for safety concerns and
building code compliance, and provide a mechanism for the Municipality
to cause these abandoned wireless communications facilities to be
removed as necessary to protect the citizens from imminent harm and
danger;
(h)
Avoid potential damage to adjacent properties from tower failure,
through strict compliance with state building and electrical codes;
(i)
Provide a means for public input on wireless communication facility
placement, construction and modification; and
(j)
Address new wireless technologies, including, but not limited
to, distributed antenna systems, data collection units, cable wi-fi
and other wireless communications facilities.
(2)
In furtherance of these objectives, the Municipality shall give due
consideration to the zoning code, existing land uses, and environmentally
sensitive areas when approving sites for the location of communication
towers and antennas.
(3)
These objectives were developed to protect the public health, safety
and welfare, to protect property values, and to minimize visual impact,
while furthering the development of enhanced telecommunications services
in the Municipality. These objectives were designed to comply with
the Federal Telecommunications Act of 1996 and the Pennsylvania Wireless
Broadband Collocation Act. The provisions of this section are not
intended to and shall not be interpreted to prohibit or to have the
effect of prohibiting personal wireless services. This section shall
not be applied in such a manner as to unreasonably discriminate between
providers of functionally equivalent personal wireless services.
(4)
In reviewing any application to place, construct or modify wireless
communications facilities, the Municipality shall act within a reasonable
period of time after an application for a permit is duly filed, taking
into account the nature and scope of the application. Any decision
to deny an application shall be in writing, supported by substantial
evidence contained in a written record. The Municipality shall approve,
approve with conditions, or deny the application in accordance with
this title, this section, and other applicable ordinances and regulations.
B.
General siting criteria and design requirements.
(1)
This Municipality encourages wireless communication services providers
to use existing sites or more frequent, less noticeable sites instead
of attempting to provide coverage through use of taller towers. To
that end, applicants shall consider the following priority of preferred
locations for wireless communications facilities:
(a)
Co-location, without an increase in the height of the building,
pole or structure upon which the facility would be located;
(b)
Co-location, where additional height is necessary above existing
building, pole, or structure;
(c)
A replacement pole or structure for an existing one;
(d)
A new pole or structure altogether.
(2)
Co-location shall be encouraged for all wireless communication facilities'
applications and is implemented through less complex permit procedures.
(a)
Applicants for new monopole facilities shall be required to
build mounts capable of accommodating at least two other carriers.
(b)
Any wireless communication facility that requires a conditional
use approval under the provisions of this section shall be separated
by a minimum of 500 feet from any other WCF requiring a conditional
use approval, unless the submitted engineering information clearly
indicates that the requested site is needed in order to provide coverage
for the particular provider and other siting options have been analyzed
and proven infeasible.
C.
Tower-based communications facilities.
(1)
General requirements applicable to all tower-based wireless communications
facilities.
(a)
Standard of care. Tower-based WCF shall be designed, constructed,
operated, maintained, repaired, modified and removed in strict compliance
with all current applicable technical and safety codes, including,
but not limited to, the most recent editions of the American National
Standards Institute Code, National Electrical Safety Code, National
Electrical Code, as well as the accepted and responsible workmanlike
industry practices of the National Association of Tower Erectors and
the applicable provisions of the IBC International Building Code.
Tower-based WCF shall at all times be kept and maintained in good
condition, order and repair by qualified maintenance and construction
personnel, so that the same shall not endanger the life of any person
or any property in the Municipality.
(b)
Wind. Tower-based WCF shall be designed to withstand the effects
of wind according to the standard designed by the American National
Standards Institute as prepared by the engineering departments of
the Electronics Industry Association and Telecommunications Industry
Association (ANSFEINTIA-222-E Code, as amended).
(c)
Height. Tower-based WCF shall be designed at the minimum functional
height and shall not exceed a maximum total height of 150 feet, which
height shall include all subsequent additions or alterations.
(d)
Additional antennae. As a condition of approval for all tower-based
WCF, the WCF applicant shall provide the Municipality with a written
commitment that it will allow other service providers to co-locate
antennae on their tower-based WCF where technically and economically
feasible. The owner of a tower-based WCF shall not install any additional
antennae without obtaining the prior written approval of the Municipality.
(e)
Visual or land use impact. The Municipality reserves the right
to deny an application for the construction or placement of any tower-based
WCF based upon site specific aesthetics and/or land use impact based
upon legitimate regulatory factors including municipal ordinances,
protection of natural resources, scenic vistas, and protections set
forth in the Municipality's Comprehensive Plan and any related planning
documents.
(f)
Public safety communications. Tower-based WCF shall not interfere
with public safety communications or the reception of broadband, television,
radio or other communication services enjoyed by occupants of nearby
properties.
(g)
Maintenance. The following maintenance requirements shall apply:
[1]
Tower-based WCF shall be fully automated and unattended on a
daily basis and shall be visited only for maintenance or emergency
repair.
[2]
Such maintenance shall be performed to ensure the upkeep of
the WCF in order to promote the safety and security of the Municipality's
residents.
[3]
All maintenance activities shall utilize nothing less than the
best available technology for preventing failures and accidents.
(h)
Radio frequency emissions. Tower-based WCF shall not, by itself
or in conjunction with any other WCF, generate radio frequency emissions
in excess of the standards and regulations of the FCC, including but
not limited to, the FCC Office of Engineering Technology Bulletin
65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure
to Radio Frequency Electromagnetic Fields," as amended.
(i)
Historic protections. No tower-based WCF may be located on a
property, building or structure that is listed on the National Register
of Historic Places, the Pennsylvania Register of Historic Places or
included on a list of official historic places and/or within historic
districts as established and maintained by the Municipality. No tower-based
WCF may be located within 150 feet of any historic building, structure,
property or designated historic district.
(j)
Identification. All tower-based WCFs shall post a notice in
a readily visible location identifying the name and phone number of
a party to contact in the event of an emergency and such contact information
shall also be provided to the Municipality.
(k)
Lighting. Tower-based WCF shall not be artificially lighted,
except as required by law and as may be approved by the Municipality.
If lighting is required, the applicant shall provide a detailed plan
for sufficient lighting, demonstrating as unobtrusive and inoffensive
an effect as is permissible under state and federal regulations.
(l)
Appearance. The tower portion of tower-based WCF shall employ
stealth technology including, if feasible, galvanized and/or painted
with a rust-preventative paint of an appropriate color to harmonize
with surroundings, and maximize the use of a like facade to blend
in with the existing surroundings and neighboring buildings to the
greatest extent possible.
(m)
Noise. Tower-based WCF shall be operated and maintained so as
not to produce noise in excess of applicable noise standards under
state law and local regulations, except in emergency situations requiring
the use of a backup generator, where such noise standards may be exceeded
on a temporary basis only.
(n)
Aviation safety. Tower-based WCF shall comply with all federal
and state laws and regulations concerning aviation safety.
(o)
Conditional use and notice. Upon submission of an application
for a tower-based WCF and scheduling of the required conditional use
hearing, the applicant shall mail notice thereof to the owner or owners
of every property within 1,000 feet of property lines of the parcel
or property upon which the proposed facility is to be situated. Such
notice requirements shall be met by the applicant and proof of notification
provided to the Municipality and also confirmed by the applicant as
part of the conditional use hearing.
(p)
Application requirements. An application for a tower-based WCF
shall not be approved unless the applicant can show that the wireless
communications equipment planned for the proposed tower-based WCF
cannot be accommodated on an existing wireless support structure,
including a wireless support structure that could be considered and
approved by the Municipality such as existing water towers or similar
type structures. The following information must be submitted as part
of a completed application:
[1]
Project description including a design narrative, technology
description, and co-location analysis indicating the alternative locations
and technologies considered;
[2]
Existing wireless coverage map overlaid on a current aerial
photo showing provider's existing facilities and wireless coverage
in the area, including the gap in coverage which is resulting in the
need for the tower-based WCF;
[3]
Proposed wireless coverage map overlaid on a current aerial
photo showing provider's wireless coverage with the proposed facility;
[4]
Site information on scaled plans, including:
[a]
Site plan;
[b]
Elevation drawings;
[c]
Undergrounding details, as applicable;
[d]
Screening, camouflaging or landscaping plan and
cost estimate, as appropriate;
[e]
All plans and drawings for a tower and antenna
shall contain a seal and signature of a professional structural engineer,
licensed in the Commonwealth of Pennsylvania.
[5]
Photos and photo simulations showing the existing appearance
of the site and appearance of the proposed installation from nearby
public viewpoints;
[6]
A copy of the current FCC license for the entity that will own
or operate the tower-based WCF, including the contact information
of the operator of the facility. The applicant shall also provide
a copy of all applicable FCC regulations with which it is required
to comply and a schedule of estimated FCC inspections;
[7]
Any other documentation deemed required and necessary by the
Municipality in order to issue a decision.
(q)
Retention of experts/consultants. Applicants may use various
methodologies and analyses, including geographically based computer
software, to determine the specific technical parameters of the services
to be provided utilizing the proposed WCF, such as expected coverage
area, antenna configuration, capacity, and topographic constraints
that affect signal paths. In certain instances, a third-party expert,
and other consultants, may be needed to review the engineering and
technical data submitted by an applicant. The Municipality may at
its discretion require consultant assistance, including third-party
engineering and technical review as part of a permitting process.
The costs of such reviews shall be borne by the applicant. Based on
the results of the expert review, the Municipality may require changes
to the proposal. The third-party review shall address the following:
[1]
The accuracy and completeness of submissions;
[2]
The applicability of analysis techniques and methodologies;
[3]
The validity of conclusions reached;
[4]
The viability of other site or sites in the Municipality for
the use intended by the applicant; and
[5]
Any specific engineering or technical issues deemed necessary
by the Municipality.
(r)
Timing of approval. Within 30 calendar days of the date that
an application for a tower-based WCF is filed with the Municipality,
the Municipality shall notify the applicant in writing of any information
that may be required to complete such application. The Municipality
shall have 14 days from the receipt of the additional information
to issue a letter of completeness, or request additional information
as appropriate. All applications for tower-based WCF shall be acted
upon within 150 days of the receipt of a fully completed application
for the approval of such tower-based WCF and the Municipality shall
advise the applicant in writing of its decision. If additional information
was requested by the Municipality to complete an application, the
time required by the applicant to provide the information shall not
be counted toward the one-hundred-fifty-day review period. The parties
can mutually agree upon extensions of time.
[1]
Timing of approval for SWF. Within 10 calendar days of the date
that an application for a tower-based WCF that is also a SWF is filed
with the Municipality, the Municipality shall notify the applicant
in writing of any information that may be required to complete such
application. The Municipality shall have 10 days from receipt of the
additional information to issue a letter of completeness, or to request
additional information as appropriate. Within 90 calendar days of
receipt of a complete application, the Municipality shall make its
final decision on whether to approve the application and shall advise
the applicant in writing of such decision. If additional information
was requested by the Municipality to complete an application, the
time required by the applicant to provide the information shall not
be counted toward the Municipality's ninety-day review period. If
the application is subject to conditional use approval, such conditional
use provisions will remain applicable to the application; however,
the timing of approval shall not fall outside the timeline set forth
in this section unless otherwise agreed upon by the applicant and
the Municipality.
[Added 5-20-2019 by Ord.
No. 4-2019]
(s)
Nonconforming uses. Nonconforming tower-based WCF which are
hereafter damaged or destroyed due to any reason or cause may be repaired
and restored at their former location, but must otherwise comply with
the terms and conditions of this section.
(t)
Permit fees. The Municipality may assess appropriate, fair and
reasonable permit fees directly related to the Municipality's actual
costs in reviewing and processing the application for approval of
a tower-based WCF as set forth in fee schedules established by the
Municipality.
[Amended 5-20-2019 by Ord. No. 4-2019]
(u)
Bond. Prior to the issuance of a permit, the owner of a tower-based
WCF shall, at its own cost and expense, obtain and maintain from a
surety licensed to do business in Pennsylvania a bond, or other form
of financial security acceptable to the Municipality's Solicitor,
in an amount of $100,000 to assure the faithful performance of the
terms and conditions of this section. The language contained in the
bond or other form of financial security shall be reviewed and approved
by the Municipal Solicitor. The bond shall provide that the Municipality
may recover from the principal and surety any and all compensatory
damages incurred by the Municipality for violations of this section,
including the costs of removal of the tower if necessary, after reasonable
notice and opportunity to cure. The owner shall file the bond with
the Municipality prior to, or at the same time as, the issuance of
the permit.
(v)
Each person that owns or operates a tower-based WCF greater
than 50 feet in height shall provide the Municipality with a certificate
of insurance evidencing general liability coverage in the minimum
amount of $5,000,000 per occurrence, and property damage coverage
in the minimum amount of $5,000,000 per occurrence covering the tower-based
WCF.
[Amended 5-20-2019 by Ord. No. 4-2019]
(w)
Indemnification. Each person that owns or operates a tower-based
WCF shall, at its sole cost and expense, indemnify, defend and hold
harmless the Municipality, its elected and appointed officials, employees
and agents, at all times against any and all claims for personal injury,
including death, and property damage arising in whole or in part from,
caused by or connected with any act or omission of the person, its
officers, agents, employees or contractors arising out of, but not
limited to, the construction, installation, operation, maintenance
or removal of the tower-based WCF. Each person that owns or operates
a tower-based WCF shall defend any actions or proceedings against
the Municipality in which it is claimed that personal injury, including
death, or property damage was caused by the construction, installation,
operation, maintenance or removal of tower-based WCF. The obligation
to indemnify, hold harmless and defend shall include, but not be limited
to, the obligation to pay judgments, injuries, liabilities, damages,
reasonable attorneys' fees, reasonable expert fees, court costs and
all other costs of indemnification.
(x)
The owner and/or operator of any tower-based WCF shall submit
an annual routine maintenance and inspection report to the Municipality.
Any structural faults will be immediately corrected by the owner/operator.
Failure to provide proof of certified inspection will result in notification
to the owner of fines, and cease of operations and dismantle of tower.
(y)
Removal. In the event that use of a tower-based WCF is planned
to be discontinued, the owner shall provide written notice to the
Municipality of its intent to discontinue use and the date when the
use shall be discontinued. Unused or abandoned WCF or portions of
WCF shall be removed as follows:
[1]
All unused or abandoned tower-based WCF and accessory facilities
shall be removed within six months of the cessation of operations
at the site unless a time extension is approved by the Municipality.
[2]
If the WCF is not removed within six months of the cessation
of operations at a site, or within any longer period approved by the
Municipality, the WCF and accessory facilities and equipment may be
removed by the Municipality and the cost of removal assessed against
the owner of the WCF.
[3]
Any unused portions of tower-based WCF, including antennas,
shall be removed within six months of the time of cessation of operations.
The Municipality must approve all replacements of portions of a tower-based
WCF previously removed.
(2)
Specific requirements applicable to tower-based wireless communications
facilities located outside of the rights-of-way.
(a)
Development regulations.
[2]
Sole use on a lot. A tower-based WCF is permitted as a sole
use on a lot subject to the minimum lot area and yards complying with
the requirements for the applicable zoning district. Additionally,
the minimum distance between the base of the tower and any adjoining
property line or street right-of-way shall equal 110% of the proposed
WCF tower height.
[3]
Combined with another use. A tower-based WCF may be permitted
on a property with an existing use or on a vacant parcel in combination
with another permitted use, subject to the following conditions:
[a]
The existing use on the property shall be any permitted
use in the applicable district, and need not be affiliated with the
tower-based WCF.
[b]
Minimum lot area. The minimum lot shall comply
with the requirements for the applicable district and shall be the
area needed to accommodate the tower-based WCF, the WCF equipment
enclosure, security fence, and buffer planting.
[c]
Minimum setbacks. The tower-based WCF and WCF equipment
enclosure shall comply with the setback requirements for the applicable
zoning district. Additionally, the minimum distance between the base
of the tower and any adjoining property line or street right-of-way
shall equal 110% of the proposed WCF tower height.
(b)
Surrounding environment.
[1]
The tower-based WCF applicant shall provide a landscape plan
to the Municipality and shall further ensure that the existing vegetation,
trees and shrubs located within proximity to the tower-based WCF shall
be preserved to the maximum extent possible.
[2]
The tower-based WCF applicant shall submit a soil report to
the Municipality showing compliance with the accepted industry standards
and to document and verify the design specifications of the foundation
of the tower-based WCF as being compliant with all applicable safety
regulations.
(c)
Security fencing and screening.
[1]
A security fence having a maximum height of at least eight feet
shall completely surround any tower-based WCF and WCF equipment enclosure.
[2]
An evergreen screen that consists of a hedge, or a row of evergreen
trees or some similar type of vegetative buffer approved by the Municipality,
shall be located along the perimeter of the security fence.
[3]
The WCF applicant shall submit a landscape plan for review and
approval by the Municipality for all proposed screening.
(d)
Wireless communications facility equipment enclosure and accessory
equipment.
[1]
Ground-mounted equipment associated to, or connected with, a
tower-based WCF shall be underground. In the event that an applicant
can demonstrate that the equipment cannot be located underground to
the satisfaction of the Municipality Engineer, then the ground mounted
equipment shall be screened from public view using stealth technologies.
[2]
All wireless communications facility equipment enclosures and
accessory structures shall be architecturally designed to blend into
the environment in which they are situated and shall meet the minimum
setback requirements of the underlying zoning district.
(e)
Access road. An access road, turnaround space and parking shall
be provided to ensure adequate emergency and service access to tower-based
WCF. Maximum use of existing roads, whether public or private, shall
be made to the extent practicable. Road construction shall at all
times minimize ground disturbance and the cutting of vegetation. Road
grades shall closely follow natural contours to assure minimal visual
disturbance and minimize soil erosion. Where applicable, the WCF owner
shall present documentation to the Municipality that the property
owner has granted an easement for the proposed facility.
(f)
Inspection. The Municipality reserves the right to inspect any
tower-based WCF to ensure compliance with the provisions of this section
and any other provisions found within the federal, state or local
law. The Municipality and/or its agents shall have the authority to
enter the property upon which a tower-based WCF is located at any
time, upon reasonable notice to the operator, to ensure such compliance
and assess the cost of such inspection against the owner/operator.
(3)
Specific requirements applicable to tower-based wireless communications
facilities located within the rights-of-way.
(a)
Prohibited in underground utility areas. Tower-based WCF are
prohibited in the rights-of-way along any roadways or corridors of
the Municipality which are served by underground utilities (with the
exception of sewer and water lines). Tower-based WCF are prohibited
from being located within the rights-of-way which abut front yard
setback areas upon properties with a residential dwelling(s).
(b)
Permitted by conditional use.
[Amended 5-20-2019 by Ord. No. 4-2019]
[1]
Only tower-based WCF that are 50 feet or shorter in height are
permitted, by conditional use, within the public rights-of-ways along
the following corridors and roadways, regardless of the underlying
zoning district, provided they are not located within an area that
is entirely served by underground utilities (excluding underground
sewer and water lines):
(c)
Time, place and manner. The Municipality shall determine the
time, place and manner of construction, maintenance, repair and/or
removal of all tower-based WCFs in the ROW based on public safety,
traffic management, physical burden on the ROW, and related considerations.
For public utilities, the time, place and manner requirements shall
be consistent with the police powers of the Municipality and the requirements
of the Public Utility Code.
(d)
Restoration. If appropriate, the applicant shall provide an
estimate of the cost of restoration to the ROW by disturbances caused
by its installation of a tower-based WCF. After completion of any
maintenance, placement, installation, or removal of any tower-based
WCF in the ROW, the owner of such facility shall, at its own expense,
restore the ROW to its original condition within 20 days or such longer
period as may reasonably be required and approved by the Municipality.
Additionally:
[1]
For one year following the completion of such work, the owner
of such tower-based WCF shall guarantee its work and correct, at its
own expense, any restoration work that does not satisfy the construction
standards under the Municipality's codes; and
[2]
The owner of the tower-based WCF shall exercise due care in
such restoration of the ROW and shall take all reasonable steps to
safeguard work site areas.
(e)
Equipment location. Tower-based WCF and accessory equipment
shall be located so as not to cause any physical or visual obstruction
to pedestrian or vehicular traffic, or to otherwise create safety
hazards to pedestrians and/or motorists or to otherwise inconvenience
public use of the ROW as determined by the Municipality. In addition:
[1]
Ground-mounted equipment, walls, or landscaping shall not be
located within 18 inches of the face of the curb.
[2]
Ground-mounted equipment that cannot be placed underground shall
be screened, to the fullest extent possible, through the use of landscaping
or other decorative features to the satisfaction of the Municipality.
[3]
Required electrical meter cabinets shall be screened to blend
in with the surrounding area to the satisfaction of the Municipality.
[4]
Any graffiti on the tower or on any accessory equipment shall
be removed at the sole expense of the owner within 10 business days
of notice of the existence of the graffiti.
[5]
Any underground vaults related to tower-based WCF shall be reviewed
and approved by the Municipality.
(f)
Relocation or removal of facilities. Within 60 days following
written notice from the Municipality, or such longer period as the
Municipality determines is reasonably necessary or such shorter period
in the case of an emergency, an owner of tower-based WCF shall, at
its own expense, temporarily or permanently remove, relocate, change
or alter the position of any tower-based WCF when the Municipality,
consistent with its police powers and any applicable Public Utility
Commission regulations, shall determine that such removal, relocation,
change or alteration is reasonably necessary under the following circumstances:
[1]
The construction, repair, maintenance or installation of any
municipal improvement or other public improvements necessary within
the right-of-way.
[2]
Certain operations of the Municipality or other governmental
entity are required to take place within such right-of-way and the
tower-based WCF is interfering with the ability of the Municipality
or other government entity to function and perform such operations
within such right-of-way.
[3]
Vacation of a street or road or the release of a utility easement.
[4]
An emergency as determined by the Municipality.
(g)
Compensation for ROW use. In addition to other permit fees as
required by the Municipality, every tower-based WCF in the ROW is
subject to the Municipality's right to fix annually a fair and reasonable
compensation to be paid for use and occupancy of the ROW. Such compensation
for ROW use shall be directly related to the Municipality's actual
ROW management costs including, but not limited to, the costs of the
administration and performance of all reviewing, inspecting, permitting,
supervising and other ROW management activities by the Municipality.
The owner of each tower-based WCF shall pay an annual fee as determined
by the Municipality to compensate the Municipality for the Municipality's
costs incurred in connection with the activities described above.
D.
Structure-mounted wireless communications facilities.
(1)
Provisions applicable to all structure-mounted wireless communications
facilities.
(a)
Standard of care. Any structure-mounted WCF shall be designed,
constructed, operated, maintained, repaired, modified and removed
in strict compliance with all current applicable technical, and safety
codes, including, but not limited to, the most recent editions of
the American National Standards Institute (ANSI) Code, National Electrical
Safety Code, and National Electrical Code and the applicable regulations
of the IBC, International Building Code. Any WCF shall at all times
be maintained in good condition, order and repair by qualified maintenance
and construction personnel, so that the same shall not endanger the
life of any person or any property in the Municipality.
(b)
Wind. Any structure-mounted WCF shall be designed to withstand
the effects of wind according to the standard designed by the American
National Standards Institute as prepared by the engineering departments
of the Electronics Industry Association, and Telecommunications Industry
Association (ANSFEINTIA-222-E Code, as amended).
(c)
Public safety communications. Structure-mounted WCF shall not
interfere with public safety communications or the reception of broadband,
television, radio or other communication services enjoyed by occupants
of nearby properties.
(d)
Aviation safety. Structure-mounted WCF shall comply with all
federal and state laws and any local regulations concerning aviation
safety.
(e)
Maintenance. The following maintenance requirements shall apply:
[1]
The structure-mounted WCF shall be fully automated and unattended
on a daily basis and shall be visited only for maintenance or emergency
repair.
[2]
Such maintenance shall be performed to ensure the upkeep of
the facility in order to promote the safety and security of the Municipality's
residents.
[3]
All maintenance activities shall utilize nothing less than the
best available technology for preventing failures and accidents.
(f)
Radio frequency emissions. Structure-mounted WCF shall not,
by itself or in conjunction with other WCFs, generate radio frequency
emissions in excess of the standards and regulations of the FCC, including
but not limited to, the FCC Office of Engineering Technology Bulletin
65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure
to Radio Frequency Electromagnetic Fields," as amended.
(g)
Historic protections. Structure-mounted WCF shall not be located
on a property, building or structure that is listed on the National
Register of Historic Places, the Pennsylvania Register of Historic
Places or included on the list of official historic places and/or
within historic districts as established and maintained by the Municipality.
No structure-mounted WCF may be located within 150 feet of any historic
building, structure, property or designated historic district.
(h)
Insurance. Each person that owns or operates a structure-mounted
WCF shall provide the Municipality with a certificate of insurance
evidencing general liability coverage in the minimum amount of $1,000,000
per occurrence and property damage coverage in the minimum amount
of $1,000,000 per occurrence covering the structure-mounted WCF.
(i)
Indemnification. Each person that owns or operates a structure-mounted
WCF shall, at its sole cost and expense, indemnify, defend and hold
harmless the Municipality, its elected and appointed officials, employees
and agents, at all times against any and all claims for personal injury,
including death, and property damage arising in whole or in part from,
caused by or connected with any act or omission of the person, its
officers, agents, employees or contractors arising out of, but not
limited to, the construction, installation, operation, maintenance
or removal of the structure-mounted WCF. Each person that owns or
operates a structure-mounted WCF shall defend any actions or proceedings
against the Municipality in which it is claimed that personal injury,
including death, or property damage was caused by the construction,
installation, operation, maintenance or removal of a structure-mounted
WCF. The obligation to indemnify, hold harmless and defend shall include,
but not be limited to, the obligation to pay judgments, injuries,
liabilities, damages, reasonable attorneys' fees, reasonable expert
fees, court costs and all other costs of indemnification.
(j)
Removal. In the event that use of a structure-mounted WCF is
discontinued, the owner shall provide written notice to the Municipality
of its intent to discontinue use and the date when the use shall be
discontinued. Unused or abandoned WCF or portions of WCFs shall be
removed as follows:
[1]
All abandoned or unused WCFs and accessory facilities shall
be removed within three months of the cessation of operations at the
site unless a time extension is approved by the Municipality.
[2]
If the WCF or accessory facility is not removed within three
months of the cessation of operations at a site, or within any longer
period approved by the Municipality, the WCF and/or associated facilities
and equipment may be removed by the Municipality and the cost of removal
assessed against the owner of the WCF.
(2)
Specific requirements applicable to structure-mounted wireless communications
facilities that do not substantially change the physical dimensions
of the wireless support structure to which they are attached.
(a)
Permitted by building permit. Structure-mounted WCF that do
not substantially change the physical dimensions of the wireless support
structure to which they are proposed to be attached are permitted
by building permit in all zoning districts within the Municipality.
(b)
A structure-mounted WCF proposing a co-location in a zoning
district or designated area where WCF are not currently permitted
by zoning ordinance may still be permitted if there are currently
wireless support structures in place and available for co-location.
Such co-location shall be subject to the regulations and conditions
prescribed below and the prior written approval of the Municipality.
(c)
Timing of approval. Within 30 calendar days of the date that
an application for a structure-mounted WCF is filed with the Municipality,
the Municipality shall notify the applicant in writing of any information
that may be required to complete such application. The Municipality
shall have 14 days from receipt of the additional information to issue
a letter of completeness, or request additional information as appropriate.
Within 60 calendar days of receipt of a complete application, the
Municipality shall make its final decision on whether to approve the
application and shall advise the applicant in writing of such decision.
If additional information was requested by the Municipality to complete
an application, the time required by the applicant to provide the
information shall not be counted toward the Municipality's sixty-day
review period. The parties can mutually agree upon extensions of time.
[1]
Timing of approval for SWF. Within 10 calendar days of the date
that an application for a structure-mounted WCF that is also a SWF
is filed with the Municipality, the Municipality shall notify the
applicant in writing of any information that may be required to complete
such application. The Municipality shall have 10 days from the receipt
of the additional information to issue a letter of completeness, or
to request additional information as appropriate. Within 60 calendar
days of receipt of a complete application, the Municipality shall
make its final decision on whether to approve the application and
shall advise the applicant in writing of such decision. If additional
information was requested by the Municipality to complete an application,
the time required by the applicant to provide the information shall
not be counted toward the sixty-day review period. If the application
is subject to conditional use approval, such conditional use provisions
will remain applicable to the application; however, the timing of
approval shall not fall outside the timeline set forth in this section
unless otherwise agreed upon by the applicant and the Municipality.
[Added 5-20-2019 by Ord.
No. 4-2019]
(d)
Permit fees. The Municipality may assess appropriate, fair and
reasonable permit fees directly related to the Municipality's actual
costs in reviewing and processing the application for approval of
a structure-mounted WCF as set forth in fee schedules established
by the Municipality.
[Amended 5-20-2019 by Ord. No. 4-2019]
(3)
Specific requirements applicable to structure-mounted wireless communications
facilities that do substantially change the wireless support structure
to which they are attached.
(a)
Permitted in certain zones subject to regulations. Structure-mounted
WCF that substantially change the wireless support structure to which
they are proposed to be attached are permitted in the zoning districts
by conditional use in the following zoning districts, and within ROWs
upon the following roadways and corridors:
(b)
Conditional use and notice. Upon submission of the application
for the structure-mounted WCF and scheduling of the required conditional
use hearing, the applicant shall mail notice thereof to the owner
or owners of every property within 1,000 feet of the property line
of the parcel or property upon which the proposed facility is to be
situated. Such notice requirements shall be met by the applicant and
proof of notification provided to the Municipality and also confirmed
by the applicant as part of the conditional use hearing.
(c)
Timing of approval. Within 30 calendar days of the date that
an application for a structure-mounted WCF is filed with the Municipality,
the Municipality shall notify the applicant in writing of any information
that may be required to complete such application. The Municipality
shall have 14 days from receipt of the additional information to issue
a letter of completeness, or request additional information as appropriate.
Within 90 calendar days of receipt of a complete application, the
Municipality shall make its final decision on whether to approve the
application and shall advise the applicant in writing of such decision.
If additional information was requested by the Municipality to complete
an application or the parties agree to an extension of time, the time
required by the applicant to provide the information shall not be
counted toward the Municipality's ninety-day review period.
[1]
Timing of approval for SWF. Within 10 calendar days of the date
that an application for a structure-mounted WCF that is also a SWF
is filed with the Municipality, the Municipality shall notify the
applicant in writing of any information that may be required to complete
such application. The Municipality shall have 10 days from the receipt
of the additional information to issue a letter of completeness, or
to request additional information as appropriate. Within 60 calendar
days of receipt of a complete application, the Municipality shall
make its final decision on whether to approve the application and
shall advise the applicant in writing of such decision. If additional
information was requested by the Municipality to complete an application,
the time required by the applicant to provide the information shall
not be counted toward the sixty-day review period. If the application
is subject to conditional use approval, such conditional use provisions
will remain applicable to the application; however, the timing of
approval shall not fall outside the timeline set forth in this section
unless otherwise agreed upon by the applicant and the Municipality.
[Added 5-20-2019 by Ord.
No. 4-2019]
(d)
Application requirements. An application for a structure-mounted
WCF that proposes to substantially change the wireless support structure
must submit the following as part of a completed application:
[1]
Project description including a design narrative, technology
description, and co-location analysis indicating the alternative locations
and technologies considered;
[2]
Existing wireless coverage map overlaid on a current aerial
photo showing provider's existing facilities and wireless coverage
in the area;
[3]
Proposed wireless coverage map overlaid on a current aerial
photo showing provider's wireless coverage with the proposed facility;
[4]
Photos and photo simulations showing the existing appearance
of the site and appearance of the proposed installation from nearby
public viewpoints; and
[5]
Any other documentation deemed necessary by the Municipality
in order to issue a decision.
(e)
Retention of experts. The Municipality may hire any consultant
and/or expert necessary to assist the Municipality in reviewing and
evaluating the application for approval of the WCF, and reviewing
any potential violations. This analysis may include determining whether
or not the co-location is substantially changing the wireless support
structure despite falling outside the technical scope as defined in
this zoning ordinance. The applicant or the owner of the WCF shall
reimburse the Municipality for all expert and/or consultant costs.
(f)
Bond. Prior to the issuance of a permit, the owner of each individual
structure-mounted WCF shall, at its own cost and expense, obtain and
maintain from a surety licensed to do business in Pennsylvania a bond,
or other form of security acceptable to the Municipality's Solicitor,
in an amount of $25,000 for each individual structure-mounted CF,
to assure the faithful performance of the terms and conditions of
this section. The bond language or other financial security language
shall be review and approved by the Municipality's Solicitor. The
bond shall provide that the Municipality may recover from the principal
and surety any and all compensatory damages incurred by the Municipality
for violations of this section, after reasonable notice and opportunity
to cure. The owner shall file a copy of the bond with the Municipality.
(g)
Permit fees. The Municipality may assess appropriate, fair and
reasonable permit fees directly related to the Municipality's actual
costs in reviewing and processing the application for approval of
a structure-mounted WCF as set forth in fee schedules established
by the Municipality.
[Amended 5-20-2019 by Ord. No. 4-2019]
(4)
Requirements applicable to structure-mounted wireless communications
facilities located outside the rights-of-way that substantially change
the wireless support structure to which they are attached.
(a)
Development regulations. Structure-mounted WCF shall be co-located
on existing structures, such as existing buildings or tower-based
WCF subject to the following conditions:
[1]
Such WCF does not exceed a maximum height of 150 feet.
[2]
If the WCF applicant proposes to locate the communications equipment
in a separate building, the building shall comply with the minimum
requirements for the applicable zoning district.
[3]
A eight-foot-high security fence shall surround any separate
communications equipment building. Vehicular access to the communications
equipment building shall not interfere with the parking or vehicular
circulations on the site for the principal use.
(b)
Design regulations.
[1]
Structure-mounted WCF shall employ stealth technology and the
stealth technology chosen by the WCF applicant shall be subject to
the approval of the Municipality.
[2]
Structure-mounted WCF, which are mounted to a building or similar
structure, may not exceed a height of 15 feet above the roof or parapet,
whichever is higher.
[3]
All structure-mounted WCF applicants must submit documentation
to the Municipality justifying the total height of the nontower structure.
Such documentation shall be analyzed in the context of such justification
on an individual basis.
[4]
Antennae, and their respective accompanying support structures,
shall be no greater in diameter than any cross-sectional dimension
than is reasonably necessary for their proper functioning.
[5]
Noncommercial usage exemption. The design regulations enumerated
in this Subsection shall not apply to direct broadcast satellite dishes
installed for the purpose of receiving video and related communications
services at residential dwellings.
(c)
Removal, replacement, and/or modification.
[1]
The removal and replacement of structure-mounted WCF and/or
accessory equipment for the purpose of upgrading or repairing the
WCF is permitted, so long as such repair or upgrade does not increase
the overall size of the WCF or the numbers of antennae.
[2]
Any material modification to WCF shall require a prior amendment
to the original permit or authorization.
(d)
Inspection. The Municipality reserves the right to inspect any
WCF to ensure compliance with the provisions of this section and any
other provisions found within the local, state or federal law. The
Municipality and/or its agents shall have the authority to enter the
property upon which a WCF is located at any time upon reasonable notice
to the operator, to ensure such compliance and to assess such inspection
costs against the owner/operator.
(5)
Additional requirements applicable to all structure-mounted wireless
communications facilities located in the rights-of-way.
(a)
Co-location. Structure-mounted WCF in the ROW shall be co-located
on existing poles, such as existing utility poles or light poles.
(b)
Design requirements.
[1]
WCF installations located above the surface grade in the public
ROW including, but not limited to, those on streetlights and joint
utility poles, shall consist of equipment components that are no more
than six feet in height and that are compatible in scale and proportion
to the structures upon which they are mounted. All equipment shall
be the smallest and least visibly intrusive equipment feasible.
[2]
Antennae and all support equipment shall be treated to match
the supporting structure. WCFs and accompanying equipment shall be
painted, or otherwise coated, to be visually compatible with the support
structure upon which they are mounted.
(c)
Compensation for ROW use. In addition to permit fees as described
above, every structure-mounted WCF in the ROW is subject to the Municipality's
right to fix annually a fair and reasonable compensation to be paid
for use and occupancy of the ROW. Such compensation for ROW use shall
be directly related to the Municipality's actual ROW management costs
including, but not limited to, the costs of the administration and
performance of all reviewing, inspecting, permitting, supervising
and other ROW management activities by the Municipality. The owner
of each structure-mounted WCF shall pay an annual fee to the Municipality
to compensate the Municipality for its costs incurred in connection
with the activities described above. The annual ROW management fee
for structure-mounted WCF shall be determined by the Municipality
and shall be based on the Municipality's actual ROW management costs
as applied to such structure-mounted WCF.
(d)
Time, place and manner. The Municipality shall determine the
time, place and manner of construction, maintenance, repair and/or
removal of all structure-mounted WCF in the ROW based on public safety,
traffic management, physical burden on the ROW, and related considerations.
For public utilities, the time, place and manner requirements shall
be consistent with the police powers of the Municipality and the requirements
of the Public Utility Code.
(e)
Restoration. If appropriate, the applicant shall provide an
estimate of the cost of restoration to the ROW by disturbances caused
by its installation of any structure-mounted WCF. If necessary, after
completion of any maintenance, placement, installation, or removal
of any structure-mounted WCF in the ROW, the owner of such facility
shall, at its own expense, restore the ROW to its original condition
within 20 days or such longer period as may reasonably be required
and approved by the Municipality. Additionally:
[1]
For one year following the completion of any such necessary
work, the owner of such structure-mounted WCF shall guarantee its
work and correct, at its own expense, any restoration work that does
not satisfy the construction standards under the Municipality's codes;
and
[2]
The owner of the structure-mounted WCF shall exercise due care
in any such restoration of the ROW and shall take all reasonable steps
to safeguard work site areas.
(f)
Equipment location. Structure-mounted WCF and accessory equipment
shall be located so as not to cause any physical or visual obstruction
to pedestrian or vehicular traffic, or to otherwise create safety
hazards to pedestrians and/or motorists or to otherwise inconvenience
public use of the ROW as determined by the Municipality. In addition:
[1]
Ground-mounted equipment, walls, or landscaping shall not be
located within 18 inches of the face of the curb.
[2]
Ground-mounted equipment shall be located underground. In the
event an applicant can demonstrate, to the satisfaction of the Municipality
Engineer, that ground-mounted equipment cannot be placed underground,
then all such equipment shall be screened, to the fullest extent possible,
through the use of landscaping or other decorative features to the
satisfaction of the Municipality.
[3]
Required electrical meter cabinets shall the screened to blend
in with the surrounding area to the satisfaction of the Municipality.
[4]
Any graffiti on the tower or on any accessory equipment shall
be removed at the sole expense of the owner within 10 business days
of notice of the existence of the graffiti.
[5]
Any underground vaults related to structure-mounted WCF shall
be reviewed and approved by the Municipality.
(g)
Relocation or removal of facilities. Within 60 days following
written notice from the Municipality, or such longer period as the
Municipality determines is reasonably necessary or such shorter period
in the case of an emergency, an owner of a structure-mounted WCF in
the ROW shall, at its own expense, temporarily or permanently remove,
relocate, change or alter the position of any WCF when the Municipality,
consistent with its police powers and applicable Public Utility Commission
regulations, shall have determined that such removal, relocation,
change or alteration is reasonably necessary under the following circumstances:
[1]
The construction, repair, maintenance or installation of any
municipal improvement or other public improvements necessary within
the right-of-way.
[2]
Certain operations of the Municipality or other governmental
entity are required to take place within such right-of-way and the
structure-mounted WCF is interfering with the ability of the Municipality
or other government entity to function and perform such operations
within such right-of-way.
[3]
Vacation of a street or road or the release of a utility easement.
[4]
An emergency as determined by the Municipality.
E.
Consistency with state and federal laws and regulations. The provisions
contained herein regulating wireless communications facilities are
intended to comply with federal and state laws and regulations in
effect as of the date of adoption of this section. To the extent that
any of the provisions in this section conflict with any federal or
state statute or regulations, the federal or state statutes or regulations
shall control unless the applicable federal or state statutes or regulations
allow for more stringent provisions in local ordinances. In which
case, the more stringent provisions of local ordinances shall remain
in effect and shall control in such instances.
[Added 5-20-2019 by Ord.
No. 4-2019]
[Added 7-13-2015 by Ord.
No. 4-2015]
A.
Purpose and objective.
(1)
Pocopson Township seeks to provide opportunities for alternative
and emerging energy facilities, while regulating the use of potentially
intrusive facilities, equipment and machinery.
(2)
The purpose of this section of the Zoning Chapter is to establish
provisions for the design, permitting, construction and operation
of alternative and emerging energy facilities within the Township,
subject to reasonable conditions that will protect the public health,
safety and/or general welfare of the community.
B.
Applicability and permitted uses.
(1)
This section shall apply to all alternative and emerging energy
facilities that are proposed to be constructed after the effective
date of this section.
(2)
Alternative and/or emerging energy facilities constructed prior
to the effective date of this section shall not be required to meet
the requirements specified under this section unless otherwise specified,
but shall be required to register with the Zoning Officer. Any physical
modification, alternation, construction or reconstruction to an existing
alternative or emerging energy facility that alters the size, type
and/or generating capacities of the facilities shall require a permit
and shall be brought into compliance with the applicable provisions
specified under this section.
(3)
Alternative and/or emerging energy facilities shall be permitted
within all zoning districts as an accessory use by right, except as
otherwise specified in this section.
(4)
Alternative and/or emerging energy facilities shall be utilized
by the principal use of the lot on which it is located. Surplus energy
may be exchanged, transferred and/or sold to a public utility company,
provided that such surplus energy is exchanged, transferred and/or
sold in accordance with the provisions established by the Public Utility
Commission and Public Utility Code.
(5)
Alternative and/or emerging energy facilities shall not generate
energy in excess of 200% of the normal peak on-site energy demand
of the principal and accessory uses of the property.
C.
Land use and dimensional requirements.
(1)
The following provisions shall apply to wind turbines or wind
energy facilities:
(a)
Wind turbines or wind energy facilities shall be permitted by
conditional use in all zoning districts as an accessory use. A wind
energy facility is considered an accessory wind energy facility if
it supplies electrical power primarily for on-site use.
(b)
All wind turbines or wind energy facilities shall be located,
designed and installed as per the manufacturer's specifications, shall
conform to applicable industry standards, such as those of the American
National Standards Institute (ANSI), Underwriters Laboratories, Det
Norske Veritas, Germanischer Lloyd Wind Energies, the American Society
for Testing and Materials (ASTM), or other similar certifying organizations,
shall comply with all zoning, building code and utility requirements
and shall comply with all federal, state, county and local laws, regulations
and ordinances.
(c)
When a property upon which a wind turbine or wind energy facility
is installed also receives electrical power supplied by a public utility
company, excess electrical power generated by the wind turbine or
wind energy facility and not presently needed for on-site use may
be used by the public utility company, as long as the electrical power
generated by the wind turbine or wind energy facility is used primarily
on-site. The owner of the wind turbines or wind energy facilities
shall provide written confirmation that the public utility company
has been informed of the customer's intent to install an interconnected
customer-owned generator and also approves of such connection. Facilities
not connected to the public utility grid shall be exempt from this
requirement.
(d)
Wind turbines or wind energy facilities that are designed and
permitted as an attached alternative energy facility shall comply
with the maximum height requirements for buildings in the zoning district
on which it is located or 50 feet, whichever is less, as measured
from the ground surface to the tip of the blade at its highest turning
movement.
(e)
For any roof-mounted wind turbines or wind energy facilities,
the applicant must demonstrate to the Building Code Inspector, by
credible evidence, that the structural integrity of the structure
on which the roof-mounted wind turbine or wind energy facility will
be mounted is such that it can adequately support the system being
considered.
(f)
Wind turbines or wind energy facilities that are designed as
a freestanding alternative energy facility shall be setback more than
1.1 times the turbine height from any structure. The required setback
distance shall be measured from the nearest point of the wind turbine
base to the nearest point of the structure.
(g)
All wind turbines or wind energy facilities shall be set back
from all structures located on a nonparticipating landowner's property
a distance of not less than five times the turbine height, as measured
from the nearest point of the wind turbine base to the nearest point
of the structure(s).
(h)
All wind turbines or wind energy facilities shall be set back
from the nearest property line a distance of not less than the normal
setback requirements for that zoning district or two times the turbine
height, whichever is greater. The required setback distance shall
be measured from the nearest point of the wind turbine base to the
property line.
(i)
All wind turbines or wind energy facilities shall be set back
from the nearest public road a distance of not less than two times
the turbine height, as measured from the nearest point of the wind
turbine base to the right-of-way line of the nearest public road.
(j)
All wind turbines or wind energy facilities shall be set back
sufficiently from any aboveground utility lines, radio, television,
or telecommunication towers so as to present no danger to those lines
or structures, as certified by the applicant's engineer. No portion
of any wind energy system shall extend over parking areas, access
drives, driveways or sidewalks.
(k)
No wind turbine shall be permitted in the front yard of the
lot on which it is located or along any street frontage (e.g., in
a side yard abutting a street).
(l)
The minimum height of a wind turbine shall be 15 feet, as measured
from the ground surface to the tip of the blade at its lowest turning
movement. If the wind turbine proposed is a vertical axis wind turbine,
the height between the lowest point of the turbine and the ground
may be reduced to 10 feet.
(m)
Wind turbines or wind energy facilities shall not generate noise
which exceeds 55 decibels, or 10 decibels above ambient noise, in
any hour, whichever is higher. Noise is measured from the property
line of the closest neighboring inhabited structure or nearest habitable
structure setback line on any abutting property. The ambient sound
measurement, known as "A-weighted sound level," is taken where the
noise from the wind turbine or wind energy facility cannot be heard,
or with the wind turbine or wind energy facility shut down. The ambient
sound level shall be considered the level that is exceeded 90% of
the time when the noise measurements are taken. Any noise exceeding
this level may be subject to the nuisance provisions of the Township
Code. Notwithstanding the above, the 55 decibel or 10 decibel over
ambient level may be exceeded during short-term events such as utility
outages and/or severe windstorms.
(n)
No more than one wind turbine shall be permitted per lot. A
wind energy facility made up of a number of adjacent micro-turbine
panels is considered one turbine for the purposes of this subsection.
(o)
If the owner of the wind energy system determines it is necessary
to ensure that wind access to any wind system shall not be obstructed
over time by permissible uses on any adjacent property (e.g., by planting
or growth of vegetation or by new construction), it shall be the responsibility
of the owner of the wind energy system to obtain appropriate wind
access easement(s) from neighboring property owners(s) and to notify
the Township upon the recording of any such easement(s). All wind
access easements shall be recorded in the Office of the Chester County
Recorder of Deeds.
(p)
All wind turbines and wind energy facilities shall be equipped
with a redundant braking system, which shall include both aerodynamic
over-speed controls (including variable pitch, tip, and other similar
systems) and mechanical brakes. Mechanical brakes shall be operated
in a fail-safe mode. Stall regulation shall not be considered a sufficient
braking system for over-speed protection.
(q)
Wind turbines shall not be climbable up to 15 feet above ground
surface. All access doors to wind turbines and electrical equipment
shall be locked or fenced, as appropriate, to prevent entry by nonauthorized
persons.
(2)
The following provisions shall specifically apply to solar energy
systems:
(a)
Solar energy systems shall be located, designed and installed
as per the manufacturer's specifications as well as all zoning, building
code and utility requirements and shall comply with all federal, state,
county and local laws, regulations and ordinances.
(b)
A solar energy system connected to the public utility grid shall
provide written authorization from the public utility company acknowledging
and approving such connection. Excess electrical power generated by
the solar energy system and not presently needed for on-site use may
be used by the public utility company, as long as the electrical power
generated by the solar energy system is primarily for on-site use.
Facilities not connected to the public utility grid shall be exempt
from this requirement.
(c)
Solar energy systems which are designed as an attached alternative
energy facility shall be permitted provided that all structural components
of the solar energy system do not exceed the permitted building height
requirements of the zoning district in which it is located and the
system does not extend beyond the existing overhangs of the structure
to which it is attached. The building height shall be measured from
the average ground elevation of the building to the average height
of the solar panel(s) or other structural components of the solar
energy facilities.
(d)
Solar energy systems designed and permitted as a freestanding
alternative energy facility shall not exceed 15 feet in height and
shall be located not less than the normal setback requirements for
that zoning district or 15 feet from a property line, whichever is
greater. All such solar energy systems shall comply with the building
and lot coverage requirements of the zoning district on which it is
located. For the purposes of this section, all "at grade" or "above
grade" features and facilities relating to ground-mounted solar energy
systems, including appurtenances, shall be considered impervious surface
and shall be counted in the maximum impervious coverage requirements
of the zoning district, unless the applicant can demonstrate to the
Township Engineer, by credible evidence, that stormwater will infiltrate
into the ground beneath the solar collection system at a rate equal
to that of the infiltration prior to placement of the system.
(e)
Solar energy systems shall be located behind the front facade
of the building for the primary permitted use. No solar energy system
shall be permitted in the front yard of the lot or along any street
frontage.
(f)
Solar energy systems shall be located to ensure solar access
without reliance on adjacent properties.
(g)
If the owner of the solar energy system determines it is necessary
to ensure that solar access to any solar energy system shall not be
obstructed over time by permissible uses on any adjacent property
(e.g., by planting or growth of vegetation or by new construction),
it shall be the responsibility of the owner of the solar energy system
to obtain appropriate solar access easement(s) from neighboring property
owners(s) and to notify the Township upon the recording of any such
easement(s). All solar access easements shall be recorded in the Office
of the Chester County Recorder of Deeds.
(h)
Solar energy panels shall be designed and located in order to
minimize glare and visual impact on neighboring properties or roadways.
As part of permit issuance, the Township may require a vegetative
buffer to minimize glare or visual impact on neighboring properties
or roadways. Any glare that is visible beyond the property lines of
the property upon which the solar energy system is located shall be
considered a nuisance and may be subject to the nuisance provisions
of the Township Code.
(3)
The following provisions shall specifically apply to geothermal
energy systems:
(a)
Closed-loop geothermal energy systems, as an accessory use,
shall be permitted by right provided that the energy supplied is solely
for the use of principal and accessory uses permitted on the subject
property.
(b)
Open-loop geothermal energy systems, as an accessory use, shall
be permitted by conditional use provided that the energy supplied
is solely for the use of principal and accessory uses permitted on
the subject property.
(c)
Geothermal energy systems may be located on a lot with a permitted
use, provided that all structural components comply with the building
setback requirements and lot coverage requirements of the zoning district
on which it is located.
(d)
The design and installation of geothermal energy systems and
related boreholes shall conform to the manufacturer's specifications
and applicable industry standards, including those of the American
National Standards Institute (ANSI), the International Ground Source
Heat Pump Association (IGSHPA), the American Society for Testing and
Materials (ASTM), the Air Conditioning and Refrigeration Institute
(ARI), or other similar certifying organizations, and shall comply
with the Township Building Code, all other applicable Township requirements
and all federal, state, county and local laws, regulations and ordinances.
A zoning permit and building permit, consistent with the Pennsylvania
Uniform Construction Code, shall be required. Applicable manufacturer
specifications shall be submitted as part of the application for any
permit.
(f)
Recognizing the potential formation of sinkholes, all applicants
for geothermal energy systems, as part of the application for permit
process for installation of a geothermal energy system, shall submit
a notarized agreement stating as follows:
[1]
In all situations when boreholes or trenches are
(or have been) excavated, or natural conditions have otherwise been
disturbed (such as through the withdrawal of groundwater in an open-loop
system), the likelihood of sinkhole formation increases;
[2]
The applicant, its successors, heirs and assigns
accepts all responsibility and liability for any sinkholes that form
in association with the geothermal energy system; and
[3]
The applicant, its successors, heirs and assigns
agrees to repair any and all significant sinkholes that form in association
with the geothermal energy system.
(g)
All or any mechanical equipment (appurtenances) associated with
and necessary for the operation of the geothermal energy system shall
comply with all accessory setbacks for the zoning district in which
the system is installed.
(h)
To the extent any provision of the Chester County Health Department
rules and regulations is inconsistent with the terms of this section,
the Chester County Health Department rules and regulations shall control.
(i)
Closed-loop geothermal energy systems shall utilize fluids conforming
to all standards set by the Pennsylvania Department of Environmental
Protection (DEP). A permanent sign must be attached to the heat pump
specifying that only approved heat-transfer fluids must be used.
(j)
The following regulations shall apply to all open-loop geothermal
energy systems:
[1]
Water extraction:
[a]
Extraction of water from surface waters shall be
prohibited.
[b]
All open-loop geothermal energy systems that extract
water from groundwater sources shall comply with extraction limitations
set for potable water wells under federal, state, county and Township
laws, regulations and ordinances.
[c]
Installation requirements for extraction wells
shall be the same as those for potable water wells, with respect to
those regulations designed to prevent aquifer contamination (grouting,
etc.), or in conformance with IGSHPA standards, as determined by the
Township Engineer.
[d]
Prior to the issuance of any permit for the installation
of an open-loop geothermal energy system, the applicant shall submit
a report to the Township of the yield of the supply and recharge of
the groundwater system. It shall be satisfactorily demonstrated that
the groundwater yield will be adequate to meet the demands of the
manufacturer's specifications for the equipment and shall not negatively
impact the domestic water supply.
[2]
Aboveground discharge of water:
[3]
Underground injection of water from an open-loop
geothermal energy system shall be subject to the following conditions:
[a]
Returned water shall contain no treatment additives
or other introduced chemicals.
[b]
The return well shall recharge the groundwater
from which supply water is extracted.
[c]
Because such return wells are included as "Class
V Underground Injection Wells," the applicant shall submit an "Inventory
of injection wells" form, available from the U.S. Environmental Protection
Agency, at the time of permit application and shall comply with all
federal, state, county and Township laws, regulations and ordinances.
(4)
The following provisions shall specifically apply to wood-fired
boilers:
(a)
Wood-fired boilers shall be permitted by special exception as
an accessory use in any zoning district.
(b)
Wood-fired boilers shall be located on a conforming lot with
a minimum lot area of 25 net acres.
(c)
Wood-fired boilers designed as a freestanding alternative energy
facility shall not exceed 20 feet in height and shall be located at
least 150 feet from any property line, street right-of-way, or any
inhabited dwelling not located on the lot on which the wood-fired
boiler is proposed. All such systems shall comply with the building
and lot coverage requirements of the zoning district on which it is
located.
(d)
Wood-fired boilers shall be located, designed and installed
per the manufacturer's specifications as well as all zoning, building
code and utility requirements, and shall conform to applicable industry
standards, including those of the United States Environmental Protection
Agency (EPA), American National Standards Institute (ANSI), Underwriters
Laboratories (UL), the American Society for Testing and Materials
(ASTM), or other similar certifying organizations as demonstrated
to the Building Code Inspector by credible evidence.
(e)
The use of wood-fired bollers shall comply with all federal,
state and local laws, regulations and ordinances.
(f)
Wood-fired boilers shall be located behind the front facade
of the building utilized for the primary permitted use. No structural
components of the wood-fired boiler shall be permitted in the front
yard of the lot.
(g)
Wood-fired boilers shall be installed with a permanent attached
stack, which shall have a minimum stack height of 10 feet above the
ground and that also extends at least two feet above the highest peak
of any residence located less than 150 feet from the outdoor wood-fired
boiler.
(h)
Wood-fired boilers shall not use a fuel other than clean wood,
wood pellets made from clean wood. Home heating oil, natural gas,
or propane that complies with all applicable sulfur limits may be
used as a starter or supplemental fuel for dual-fired outdoor wood-fired
boilers.
(i)
Any of the following shall not be burned in a wood-fired boiler: any material not listed in Subsection C(4)(h) as a permitted fuel, including but not limited to, treated or painted wood, furniture, garbage, tires, lawn clippings or yard waste, material containing plastic, material containing rubber, waste petroleum products, paints and paint thinners, chemicals, any hazardous waste, coal, construction and demolition debris, plywood, particleboard, salt water driftwood, manure, animal carcasses or asphalt products.
(j)
Wood-fired boilers shall be designed and located in order to
minimize smoke and odor that is emitted and directed towards an occupied
residential use.
(k)
Wood-fired boilers may be located on a lot provided that the
wood-fired boiler is located, designed and installed so as not to
interfere with the health, safety and general welfare of the adjacent
property owners and complies with the provisions of the Township's
Nuisance Ordinance.[1]
(l)
Effective with the enactment of this section, it shall be unlawful
to operate any wood-burning device within the Township which is not
United States EPA Phase II certified, a pellet-fueled heater or approved
by the Zoning Officer. The Zoning Officer may grant an exception to
this section in case of hardship. Hardship can include one of the
following:
(5)
The following provisions shall specifically apply to manure
digesters:
(a)
Manure digesters, as an accessory use, shall be permitted as
a conditional use in the RA Zoning District on residential and agricultural
properties of 25 net acres or more.
(b)
A manure digester shall be permitted as an accessory use only
if it supplies electrical or thermal power primarily for on-site use.
A manure digester shall not be permitted as a principal use.
(c)
When a property upon which a manure digester is installed also
receives electrical power supplied by a public utility company, excess
electrical power generated and not presently needed for on-site use
may be used by the public utility company, as long as the electrical
power generated is used primarily for on-site use. The owner of the
manure digester shall provide written confirmation that the public
utility company has been informed of the customer's intent to install
an interconnected customer-owned generator and also approves of such
connection. Systems not connected to the public utility grid shall
be exempt from this requirement.
(d)
A manure digester shall only use feedstock produced on the property
on which it is located.
(e)
Design and installation.
[1]
The design and installation of any manure digester
shall conform to applicable industry standards and shall comply with
the Township Building Code, and with all other applicable fire and
life safety requirements. A zoning permit and building permit, consistent
with the Pennsylvania Uniform Construction Code, shall be required.
Applicable manufacturer specifications shall be submitted as part
of the application for any permit. At the conditional use hearing,
the applicant shall address and provide documentation regarding performance
standards for siting to minimize impacts on neighboring properties,
which shall include considerations of odor, prevailing wind patterns,
proximity to nonagricultural properties, operational noise, feedstock
to be used and specific hours of operation.
[2]
Manure digesters shall be designed and constructed
in compliance with the applicable guidelines outlined by the USDA
Natural Resources Conservation Services and in the Pennsylvania Department
of Environmental Protection's Bureau of Water Quality Management publication(s),
and any revisions, supplements and replacements thereto by the PADEP.
[3]
Manure digesters shall also be designed and constructed
in compliance with applicable federal, state, county and Township
laws and regulations. Evidence of all federal and state regulatory
agencies' approvals shall be included with the application for conditional
use.
[4]
A certified professional, qualified to do such,
shall furnish and demonstrate compliance with all details of construction,
operation, maintenance and necessary controls related to the manure
digester at the conditional use hearing.
(f)
The proposed use shall be subject to any applicable operation
and performance standards set forth by DEP.
(g)
Manure digesters shall not be located within 50 feet of any
side property line, within 75 feet of any rear property line, within
150 feet from any residential structure other than that of the property
owner, or within 100 feet of any public road right-of-way.
(h)
The footprint of a manure digester shall be calculated as part
of the overall lot coverage.
(6)
The following provisions shall specifically apply to emerging
energy facilities not otherwise described in this section of the Township
Code:
(a)
Emerging energy systems, as an accessory use, shall be permitted
by special exception in any zoning district.
(b)
Emerging energy systems may be located on or attached to an
occupied building provided that the structural components of the emerging
energy facilities do not exceed the permitted building height requirements
of the zoning district in which it is located and a roof-mounted system
does not extend beyond the existing overhangs of the structure to
which it is attached.
(c)
Emerging energy systems shall be located on a lot with a primary
permitted use and all structural components shall comply with the
building setback requirements and lot coverage requirements of the
zoning district on which it is located.
(d)
Emerging energy systems that utilize tower-mounted devices shall
comply with the wind energy setback and height provisions of this
section.
(e)
Emerging energy systems shall be located, designed and installed
taking into consideration the health, safety and general welfare of
the adjacent property owners. As part of the special exception application,
the Zoning Hearing Board may attach reasonable conditions and safeguards.
(7)
The following provisions shall apply to noise, shadow flickering
and/or interference involving alternative and/or emerging energy facilities:
(b)
The applicant shall make reasonable efforts to minimize shadow
flicker at the property line.
(c)
An alternative and/or emerging energy facility shall not disrupt
radio, telephone, television or similar communication signals.
(d)
An alternative and/or emerging energy facility shall not cause
a disturbance that adversely affects or causes harm to wildlife.
D.
Permit and application requirements.
(1)
No alternative or emerging energy facility shall be located,
modified or constructed within the Township unless a permit has been
issued to the landowner in accordance with the provisions of this
section.
(2)
The permit application and special exception and/or conditional
use application shall demonstrate that the alternative or emerging
energy facility will comply with the provisions contained under this
section and such other sections of the Township Code, as may be applicable.
The following specific items shall be provided by the applicant:
(a)
A complete narrative describing the proposed alternative or
emerging energy facility, which shall include: a project overview;
the project location; the number of the alternative or emerging energy
facilities; the area and height of the alternative or emerging energy
facilities; the initial and potential generating capacities; the facility
dimensions; and the manufacturer's specifications.
(b)
A list of the properties within 500 feet on which the proposed
alternative or emerging energy facility will be located.
(c)
A site plan showing the boundary lines of the property occupied
by the alternative or emerging energy facility and the properties
within 500 feet on which the proposed alternative or emerging energy
facility will be located. The site plan shall also include: topographical
and natural features; the planned location of the alternative or emerging
energy facilities; the building setback lines; the access road and
turnout locations; building and structures; stormwater management
facilities and all public utilities.
(d)
The existing and projected annual energy needs of the permitted
use that will benefit from the alternative or emerging energy facility,
including the amount of surplus energy that will be exchanged, transferred
and/or sold to a public utility company.
(e)
Shadow flicker and noise studies for wind turbines.
(f)
Documents related to the potential abandonment and/or decommissioning
of the alternative or emerging energy facilities.
(g)
Such other items as may be specified in this section.
(h)
Other relevant studies, reports, certifications and approvals
as may be reasonably requested by the Township to ensure compliance
with this section of the Zoning Chapter.
(3)
All applicants for an alternative and emerging energy facility
permit shall pay all fees for application and inspection as established
by resolution of the Board of Supervisors.
E.
Design and installation requirements.
(1)
The design of the alternative or emerging energy facility shall
conform to applicable industry standards, including those of the American
National Standards Institute, the Uniform Construction Code, and/or
other pertinent codes adopted by Pocopson Township. In the event of
a conflict between the provisions of this section and the Township
Building Code, the more stringent requirements shall apply.
(2)
Aboveground alternative and emerging energy facilities shall
be clear-coated, transparent, and/or be designed with a nonobtrusive
color such as white, off-white, gray or black. All such facilities
shall not be artificially lighted, except to the extent required by
the Federal Aviation Administration or other applicable authority
that regulates air safety.
(3)
Aboveground alternative and emerging facilities shall not display
advertising, except for reasonable identification of the manufacturer.
(4)
All exterior electrical and/or plumbing lines serving the alternative
and/or emerging energy facility shall be underground and be placed
in conduit.
(5)
Clearly visible warning signs concerning voltage must be placed
at the base of all aboveground transformers and substations. Visible,
reflective, colored objects, such as flags, reflectors, or tape shall
be placed on the anchor points of guy wires and along the guy wires
up to a height of 10 feet from the ground.
(6)
Aboveground alternative and emerging energy facilities shall
not be combined with other support towers or accessory structural
components that are devoted to or utilized by public or private utilities.
F.
Decommissioning.
(1)
The alternative or emerging energy system shall be presumed
to be at the end of its useful life if no energy is generated for
a continuous period of 12 months.
(2)
The landowner shall, at the landowner's expense, complete decommissioning
of the alternative or emerging energy facility including removal of
the alternative or emerging energy facility components, cleaning the
site and restoring, grading and re-seeding disturbed earth within
six months after the end of its useful life.
(3)
An independent and certified professional engineer may be retained
by the Township to inspect the decommissioning of the alternative
and emerging facilities. All such inspection fees shall be paid by
the landowner.
(4)
If the landowner fails to complete decommissioning during the
prescribed period of six months, the Township may, but shall have
not have the duty, to enter onto the premises to take such measures
as necessary to complete decommissioning in accordance with the Township
Code and the laws of the Commonwealth of Pennsylvania. Such entry
and decommissioning shall not constitute a taking. The Township may
charge and assess the costs thereof to each owner of the property
and to enforce said charges and assessment by a lien upon the property.
Such charge and/or lien may include all decommissioning and other
costs incurred by the Township including costs in connection with
the enforcement or attempted enforcement, reasonable attorneys' fees
and court costs incurred in connection with any legal or equitable
proceeding brought to enforce this section. The Township reserves
all the right to pursue all remedies available at law or in equity.
All permits issued under this section for alternative and/or emerging
energy systems shall require the permit holder to acknowledge this
subsection.
[Added 11-19-2003 by Ord. No. 3-2003; amended 5-9-2011 by Ord. No. 1-2011]
A.
Applicability.
(1)
Except for individual lots existing at the time of adoption of this section and occupied or intended to be occupied by single-family or two-family dwellings, the provisions of § 190-35 of the Pocopson Subdivision and Land Development Ordinance shall apply to all uses and to any change in use in Pocopson Township, such standards incorporated herein by this reference.
(2)
Where any use or activity requires approval of any building or zoning permit, zoning variance, special exception or conditional use, such approval or permit shall be conditioned upon compliance with the provisions of said § 190-35, including submission of a landscaping plan as set forth in § 190-35B. Plans accompanying conditional use application may be conceptual in nature but shall demonstrate the ability to achieve the objectives of § 190-35.
(3)
It is the intention of this section that the provisions of said § 190-35 shall apply independently under this chapter only where the Subdivision and Land Development Ordinance does not otherwise apply to the proposed use or activity. Therefore, where any use, activity, permit or approval is also subject to subdivision or land development review, there shall be no requirement for additional review under this chapter. Further, where and to the extent that modification(s) of any of the provisions of said § 190-35 has/have been approved by the Board of Supervisors in connection with any subdivision or land development review, the said requirements shall not be independently enforced pursuant to this chapter.
B.
Modifications.
(1)
For any use or activity subject to subdivision or land development review, modification(s) to the provisions of § 190-35 of the Pocopson Subdivision and Land Development Ordinance may be requested, which modification(s) may be granted at the discretion of the Board of Supervisors pursuant to the provisions of that ordinance.
(2)
For any use or activity not subject to subdivision or land development review, but where the use or activity is subject to application for approval of a conditional use, special exception, or zoning variance, modification(s) to the provisions of said § 190-35 may be requested as part of such application.
(3)
For any use or activity not otherwise subject to permit or approval as provided in Subsection B(1) or (2) above, modification(s) to the provisions of said § 190-35 may be requested in the form of an application for grant of a special exception by the Zoning Hearing Board. Such applications shall be submitted to the Township Planning Commission for review and comment prior to formal special exception application to the Zoning Hearing Board.
(4)
In approving any application pursuant to Subsection B(2) or (3) above, the Zoning Hearing Board or Board of Supervisors, as applicable, as a condition of approval of such application, may permit specific modification(s) to the provisions of said § 190-35 subject to the following:
(a)
The Zoning Hearing Board or Board of Supervisors, as applicable,
shall determine that the specific nature of the lawful use or activity,
existing site conditions, or safety considerations warrant such modification(s);
and
[Added 11-19-2003 by Ord. No. 3-2003]
These standards are designed to ensure that
all residents of Pocopson Township shall have opportunities for active
and passive recreation including enjoyment of historic and natural
areas and to ensure safe, clean sustainable water supplies through
natural recharge of groundwater.
A.
General.
(1)
Conventional development.
(a)
The developer of a conventional development
of lots averaging less than three acres shall pay to the Township
Recreation Fund a proportionate share of the Township’s cost
of acquiring and developing active recreational facilities as set
forth herein.
[Amended 5-9-2011 by Ord. No. 1-2011]
(b)
In lieu of payment, the Township may accept
the donation of land of commensurate value that is suitable and appropriate
for active recreation or for the preservation and extension of important
natural areas.
(c)
Anyone constructing a residence of a lot subdivided prior to the
enactment of this section (November 19, 2003) and in a subdivision
where no prior contribution to active recreational development was
made commensurate with the requirements of this section, shall pay
to the Township Recreation Fund a fee established by resolution of
the Board of Supervisors.
[Added 5-9-2011 by Ord. No. 1-2011]
(2)
Cluster development.
(a)
A minimum of 5% of the gross tract acreage in
any cluster development shall be suitable and accessible for active
recreation by the residents and appropriate facilities provided.
(b)
The developers of any cluster development with
fewer than 20 dwelling units may, in lieu of dedicating land for recreation,
elect to contribute to the Township Recreation Fund a proportionate
share of the Township's costs of acquiring and developing active recreational
facilities off-site as set forth herein.
[Amended 5-9-2011 by Ord. No. 1-2011]
B.
Location and design of open spaces.
(1)
Township priorities for restricted open space use
(in order of priority):
(a)
Woodland and natural areas preservation as described
in this chapter.
(b)
Protection of historic sites.
(c)
Recreation for residents of the development
subject to application and Township residents in general.
(d)
Agriculture.
(e)
Greenways and scenic river and scenic road corridors
with trails or riparian buffers.
(f)
Wastewater spray irrigation and intensive stormwater
recharge facilities (not necessarily mutually exclusive with any of
the above).
(2)
Consideration shall be given to the arrangement and
location of open spaces in order to take advantage of physical characteristics
of the site and to place open spaces within easy access and view of
dwelling units. In general, large blocks of contiguous lands containing
undisturbed woodlands and natural areas, agricultural lands, and recreational
areas are recommended. Physical interconnection(s) with other such
open space areas off site also is recommended. Designation of open
space is further encouraged in areas which will afford buffering of
important on- or off-site natural or recreational areas. A minimum
of 50% of the land(s) intended to meet the minimum open space requirement
in any development shall consist of contiguous blocks of open space
land with a minimum width of 150 feet and minimum length of 400 feet.
The remaining 50% shall be comprised of areas not less than 1/4 acre
of contiguous area and not less than 75 feet in width, except where
a narrower area of linear open space serves as a connecting access
strip, protects a woodland or other important natural feature located
between larger open space parcels, or includes a portion of a trail
system or pathway network.
(3)
Areas identified within § 250-17B, Conservation of site features, as unique features shall to the maximum feasible extent be incorporated into the design for common open space areas.
(4)
Areas set aside for open space shall be of sufficient
size and character to support the use(s) designated. Any open space
areas shall contain only those structures relating to the purposes
of the open space or to wastewater, stormwater or water supply facilities
permitted by this chapter in the open space. Areas that will be spray
irrigated as well as half of the land devoted to buildings and curvilinear-shaped
treatment and storage ponds may be counted in open space calculations.
All land used for community septic or drip irrigation fields (where
and if permitted by the Township) or any other sewage facilities,
all land within a minimum three-hundred-foot-diameter circle around
telephone transmission towers, one acre of land around and under any
water towers, all land under or within 50 feet of transformer stations
and land under or within 25 feet of telephone or electronic switching
structures shall be excluded from calculation of minimum required
open space.
(5)
Active recreational use areas shall be located where
noise, light, and other attributes of the proposed use will not adversely
affect the residents of the development or abutting properties. The
Board of Supervisors shall approve the location and design of such
areas and may impose limitations on hours of use.
(6)
The design standards contained within this chapter
shall be used where applicable for the control of access, parking,
and landscaping associated with uses permitted within an open space
area.
(7)
Any open space land offered for dedication to the
Township shall be accessible to Township residents and maintenance
vehicles from a public road or across a minimum twenty-foot-wide,
easily traversed right-of-way from a public road.
(8)
The Township may require that, to the greatest extent
practicable, all contiguous woodlands, greenways, riparian areas,
and any Township-identified natural areas of importance be in common
or single ownership.
C.
Trails and bikeways. All developments shall make provision
for the construction and dedication of the sections of the Township
comprehensive Trail and Bikeway System linking their development to
the rest of the system or, if the linkages along a development's frontage
roads or another accessible location has been completed on another
property, shall pay a fee for trail and bikeway acquisition, construction,
and management to the Township Trails Fund. Such fee shall be established
by resolution of the Board of Supervisors. Sidewalks (as may be required
by this chapter) and trails within the development shall provide safe
connection for the development residents to the Township-wide system.
[Amended 5-9-2011 by Ord. No. 1-2011]
D.
Mandatory conservation easement. All ground required to be set aside for open space shall be subject to a conservation easement granted to the Township or to a qualified nonprofit conservation organization that restricts the open space land to open space uses in perpetuity and empowers the Township or nonprofit to enforce such restriction at law or in equity. Where any required conservation easement is not granted to the Township, the Township shall be granted a third-party right of enforcement. All required conservation easements shall incorporate any special restrictions or obligations required under the bonus provisions of § 250-16B(3) where applicable.
E.
Required recreational facilities or contributions
for their acquisition and development.
(1)
Conventional developments with lots of less than five acres without the common recreational facilities of the type indicated in Subsection E(2)(a) through (e) below or alternatives approved by the Board of Supervisors shall contribute funds to the Township Recreation Fund to provide the facilities noted in Subsection E(2) below according to the pro-rata formula noted. All lots over six acres in size contribute 1/2 of the per-lot amount.
[Amended 11-28-2005 by Ord. No. 3-2005; 5-9-2011 by Ord. No.
1-2011]
(2)
Every development shall either provide on-site or
contribute pro rata to off-site purchase of land and the cost of development
of the following recreational facilities (except where comparably
priced alternative facilities are approved by the Board of Supervisors):
(a)
At a minimum, for any development with at least
30 dwelling units, there shall be one tennis court, one basketball
court and one level playing field suitable for soccer or softball
or other field sports (excluding baseball); any development containing
30 or more dwelling units on lots of less than 1/2 acre shall provide
a level area of at least one acre suitable for community gardening
with appropriate fencing and watering facilities; one additional tennis
or basketball court or level playing field shall be provided for every
40 dwellings in excess of 60 up to 140. The type or mix of proposed
courts shall, to the satisfaction of the Board of Supervisors, show
a direct relationship to the anticipated age structure of the prospective
residents.
(b)
In addition, for any development with more than
60 but not more than 140 dwelling units, and for each additional 140
dwelling units or fraction thereof in excess of the initial 140 dwelling
units, one tot lot and one regulation-sized playing field in lieu
of a level playing field but suitable to accommodate a variety of
activities (e.g., baseball/soccer/nonteam recreation) shall be provided.
The regulation field requirement may be waived by the Board of Supervisors
when the proposed development is to be age-restricted to residents
50 years of age and older.
(c)
The developer of less than 30 dwelling units
shall provide a multipurpose level practice field and a tennis court/basketball
court or, if less than 15 units, may make a pro-rata contribution
to the Township Recreation Fund.
[Amended 5-9-2011 by Ord. No. 1-2011]
(d)
For developments exceeding 100 units and/or 100 acres, a recreation, historic site preservation and nature preserve plan generally incorporating the above basic facilities requirements and its per-unit provisions but specifically designed to accommodate the type of resident populations which may occupy the housing types to be developed shall be presented for review and approval by the Board of Supervisors. Community gardens, passive recreational facilities or preserved natural or historic sites (when such are found on the tract) shall be included and may be substituted for active recreation facilities in excess of those provided in Subsection E(2)(b) above. Regulation-sized playing fields shall be required and other types of recreational facilities provided. The Board of Supervisors, in its sole discretion, may agree to accept dedication of some or all of the facilities or agree to purchase land or construct additional public recreational facilities in excess of minimum requirements on the property.
(e)
If certain natural resources or a combination
of natural resources found on the site are of great significance or
an opportunity exists to restore or create a significant nature preserve
or riparian nature park, the Board of Supervisors may request that
a special plan be prepared at the developer's expense by a qualified
naturalist or landscape architect with ecological training. Such plan
shall be designed to protect the unique natural resources or create
a nature preserve or a riparian nature park with enhanced natural
plantings. The land and improvement costs of implementing such plan
shall be in lieu of recreational facilities of comparable costs.
(3)
Township Recreation Fund contributions shall be based on the Township's cost of purchasing and developing land suitable for active recreation (using current fair market value of such land and related acquisition expenses) as well as the current costs of constructing the facilities, parking, and other improvements. Pro-rata contributions per unit shall be based on 1/50 of all of these costs which would be incurred in meeting this Subsection E except that the costs of a regulation-sized soccer or baseball field would be used in place of the practice fields.
[Amended 11-28-2005 by Ord. No. 3-2005; 5-9-2011 by Ord. No.
1-2011]
F.
Permitted uses within the open space areas.
(1)
Open space areas shall be used for the following purposes:
(a)
Restricted open space lands (within the definition
of this chapter) retained by the landowner or developer shall be used
for one or more of the following purposes:
[1]
Crop or pasture land, cultivation of nursery
stock or orchard uses, and woodland managed for timber according to
sustainable forestry principles and ensuring the preservation of mature
woodlands in accordance with development approvals.
[2]
Public park, nature preservation or outdoor
recreation or nature education areas, or other conservation activities
operated by a governmental agency or nonprofit charitable organization
may be permitted, provided no buildings are constructed in the open
space for regular operations and all provisions of the conservation
easement are followed.
[3]
No uses which would be considered inherently
dangerous, noxious or a public health menace, or extremely objectionable
to the average person, shall be permitted.
[4]
Other open space uses which support the preservation
and enhancement of the agricultural, natural, and historic features
of the property in a noncommercial manner.
[5]
Lot areas around historic buildings preserved
in accordance with this chapter.
[6]
Land containing residential or agricultural
accessory buildings or supporting parking areas, confined animal pens,
or other nonresidential buildings shall be excluded from calculation
of minimum required open space.
(b)
Common open space areas within cluster developments.
[1]
Public or private recreation with no buildings
other than rest room facilities or pavilions, gazebos or similar open
recreational structures.
[2]
Natural areas preservation.
[3]
Community gardens or horse pastures for horses
of residents.
[4]
Boulevard areas a minimum of 20 feet across
and 300 feet in length (shorter boulevard areas that are part of a
larger contiguous boulevard would qualify) and looped road or cul-de-sac
planting areas at least 70 feet across at their minimum dimension
protected by curbs.
[5]
Riparian buffers of at least 75 feet on either
side of a stream or less when not physically possible.
[6]
Other open space uses benefiting the development's
residents and uses approved by the Board of Supervisors.
(2)
Improvements permitted within common or restricted
open space areas and for which full open space area and open space
credit will be counted for the land involved.
(a)
Stormwater facilities.
[1]
Stormwater recharge facilities located at higher
elevations of a development and in relationship to geologic fractures
and designed as integral open space features of the development such
as subsurface tanks and recharge drain fields in boulevard green spaces,
or park areas.
[2]
Stormwater retention basins (wet ponds) or underground
cisterns when part of a potable or nonpotable water system designed,
built, and equipped with distribution systems to serve the development
or a part thereof.
[3]
Stormwater detention facilities for controlling
soil erosion and sedimentation and runoff prior to installation or
implementation of recharge facilities when designed to provide level
sports fields.
(b)
Wastewater facilities.
[1]
In cluster developments using individual on-site
systems, drainage fields for no more than 5% of the lots.
[2]
In cluster developments with central sewerage systems employing the Township-approved land treatment techniques, the land required for a control building, 1/2 the area underlying treatment and storage lagoons, and all land devoted to spray irrigation to serve the development's needs, provided the treatment and storage lagoons are designed with natural shapes and buildings are designed to look and use materials similar to historic vernacular spring houses and agricultural structures of the area. Approval of open space classification for land needed to treat wastewater from other properties shall be at the sole discretion of the Board of Supervisors and may be conditioned upon other operating and other factors. No land used for facilities or treatment areas for other forms of wastewater treatment shall receive credit as open space lands under the requirements of Article III nor shall be credited as active recreational lands under this section.
[3]
Storage lagoons or underground cisterns for
nonpotable water supply systems using roof drainage from dwellings
or roof drainage combined with sewage treated with extended aeration,
filtration, and chlorination.
(c)
Pervious parking areas for active recreation
facilities.
(d)
Such other improvements as the Board of Supervisors
shall determine are consistent with the open space purposes of this
chapter.
(e)
Areas for which no open space credit will be
accorded:
[1]
Land within the right-of-way of any public or private street except when improved as a thirty-foot-wide corridor for a public sidewalk, trail or bikeway and landscaped with berms, native trees, shrubs, and forbs (in addition to, and separate from, trees required for street tree planting) or a planted riparian corridor or reforested area as provided in § 250-16B(3)(g).
[2]
Land within 40 feet of any structure except
structures devoted to permitted open space uses or as otherwise provided
herein.
[3]
Land within deeded property lines of a lot excluding
lots containing preserved historic buildings.
[4]
Strips of land or parcels that extend less than
75 feet in the narrowest dimension at any point and less than 400
feet in length, except strips or parcels of 30 feet or more in the
narrowest dimension that provide common or public recreational trail
access, special protection to an identified natural feature including
a wetland, specimen tree, healthy hedgerow or unusual plant colony
deemed significant by the Township, boulevard areas or linkages to
recreational areas or between natural areas.
[5]
Land occupied by overhead electric transmission
lines transmitting greater than 125 KVA.
G.
Ownership, protection and management of open space.
(1)
Ownership and protection of open space. At the time
of preliminary plan or conditional use plan submission, the developer
and landowner (if retaining an interest in the land) shall prepare
and present to the Township documents identifying the proposed ownership
of common facilities and required open space areas and the methods
for ensuring their perpetual protection including:
(a)
Restricted open space to be retained by the
owner or developer, where permitted under the applicable development
option. All such areas shall be identified in the subject and shall
be subject to a permanent conservation easement as provided herein.
(b)
Offer of dedication of some or all of the open
space areas to the Township. The Board of Supervisors may accept deeds
of dedication or any interest therein for public use and maintenance,
but has no duty to accept dedication and need not require, as a condition
of approval of the development, that land proposed to be set aside
for restricted or common open space be dedicated or made available
for public use unless such dedication is specifically required by
provisions of this chapter. The Board of Supervisors may accept dedication
of trail corridors, greenways, recreational areas, historic sites
and buildings, nature preserves or woodlands, provided all residents
of the Township and Township maintenance crews will have safe and
usable access to them, but shall not assume responsibility for areas
primarily or exclusively serving a development.
(c)
Ownership by a qualified conservation or historic
preservation organization. The Township recognizes that certain woodlands,
natural areas, or historic properties or sites may benefit from the
technical and managerial expertise of well-established private, nonprofit
charitable conservation or historic preservation organizations. Ownership
of such properties by these organizations could provide a higher level
of protection to unique resources than could be provided by public
ownership. Where this form of ownership is chosen, however, the Township
shall be granted a conservation easement and shall be granted a perpetual
reversionary interest in fee title should the organization or a successor
organization approved by the Township wish to divest itself of the
property.
(d)
Ownership by homeowners' association or condominium
association. In the event of no offer of dedication, or if the Township
or a conservation or preservation organization does not accept some
or all of the land for dedication, the developer shall provide for
the establishment of an organization for ownership, operation, and
maintenance of all of the remaining open space areas and common facilities.
The organization shall consist of all of the property owners within
the development, each entitled to an equal vote ensuring equal responsibility
for maintenance and other costs of ownership and operation of open
space areas and common facilities. Such an organization shall not
be dissolved nor shall it dispose of the common property.
(2)
Required grant of conservation easements:
(a)
A conservation easement shall be granted to
ensure that all open space required by this chapter (restricted and
common open spaces) shall remain open in perpetuity and not be further
subdivided in any manner without the unanimous approval of the Board
of Supervisors after a special hearing on any such proposal, and shall
empower the holder of the easement (Township or conservation organization)
and approved third parties (the Township when it is not the holder)
to enforce such restrictions at law or in equity. Residents of the
development and the homeowners' or condominium association (if such
exists) shall have third-party rights of enforcement with regards
to conservation easements placed on restricted open space retained
by the developer or landowner. The acceptance of such an easement
by the Township or conservation organization shall not obligate them
to maintain the restricted lands or relieve the owners of common or
restricted lands from other burdens of ownership nor permit the general
public access or use of such lands unless such access is required
in the development approval.
(b)
All common open spaces or privately owned lands
(restricted open space) for which open space credit is being claimed,
including active recreational areas, agricultural land, and right-of-way
trail corridors, historic properties and others, shall be subject
to conservation easement. To the extent that a private conservation
easement on some or part of these areas has been granted, the Township
or a qualified land conservation organization, another conservation
easement covering the remaining areas shall be granted to the Township
with third-party rights of enforcement granted to the residents of
the development or homeowners' association.
(3)
Management. The developer and landowner of every proposed
development shall prepare and present, at the time of application
of conditional use approval or preliminary plan approval, as applicable,
a conceptual plan for the management of any common open space, required
recreational facilities and trails, and community wastewater, water
supplies, and stormwater facilities. At a minimum the open space portion
of the plan shall provide:
(a)
In regard to all common open space, a graphic
and narrative description for all open space areas on the site indicating
their proposed uses, any facilities to be installed, how the land
and vegetation in specific areas is to be managed (including areas
which will be regularly mowed, mowed once or twice a year, areas allowed
to proceed through natural succession with control of invasive plants
only, riparian planting areas, or areas subject to regular flooding
to be maintained in wetland plants), and written description of the
techniques to be employed.
(b)
A maintenance schedule for both annual maintenance
obligations (such as mowing schedules and striping of tennis and basketball
courts) and less frequent maintenance and replacement obligations
(tennis or basketball courts, patching, court fence repairs, net replacements),
and maintenance for softball, soccer fields and tot lots, etc.
(c)
A projection of the annual costs of maintenance
as outlined above and a description of the capital reserve fund provisions
of the homeowners' association documents which will provide for renewal
and replacement of funds as they are expended.
(d)
A provision for leasing certain open space lands
back to the original developer, his or her heirs or assigns, or to
any qualified person, or corporation for the operation and maintenance
of open space lands, provided residents have access at all times,
and the agreements and any transfer or assignment of the lease is
approved by the homeowners' association and the Board of Supervisors.
No lease shall extend beyond the time when the homeowners assume majority
control of the homeowners' association unless provision is made for
review and approval at such time. Lease agreements of five years or
more shall be recorded with the Office of the Recorder of Deeds of
Chester County. Copies of current leases shall be kept on file with
the Township Secretary.
[Amended 5-9-2011 by Ord. No. 1-2011]
(4)
Final open space management plan. With the final plan submission, the developer and landowners shall present a final Open Space Management Plan for the development including, in final form, all of the narrative information required under Subsection G(3) above and graphically showing all open spaces and recreational facilities, trails and linkages to sidewalks (if such are required), with notations on the plan, and included in the written narrative, description as to who will own and maintain the various open spaces, and who will own and maintain the public trails and private trails. Conservation easements and any additional private deed restrictions proposed to be placed on restricted open space shall be provided. After approval of the final plan, both graphic and narrative information shall be provided to the Township in electronic format on a computer disk as directed by the Township.
(5)
Enforcement of open space management plan. In the
event that the organization established to own and maintain the open
space or other common facilities, or any successor organization, shall,
at any time after development of the property, fail to maintain the
common open space or facilities in reasonable order and condition
in accordance with the Open Space Management Plan, the Board of Supervisors
may serve written notice upon such organization or upon the residents
and owners of the development. That notice shall set forth the manner
in which the organization has failed to maintain the common open space
or other common facilities in reasonable condition and said notice
shall include a demand that such deficiencies of maintenance be cured
within 30 days thereof, and shall state the date and place of the
hearing thereon which shall be held within 14 days of the notice.
At such hearing, the Board of Supervisors may modify the terms of
the original notice as to the deficiencies and may give an extension
of time within which they shall be corrected. If the deficiencies
contained in the original notice or modifications thereto are not
corrected within 30 days or any extension thereof, the Township, in
order to preserve the taxable values of the properties within the
development, to prevent the common open space from becoming a public
nuisance, or to otherwise enforce the provisions of the homeowners'
documents, conservation easements, and restrictive covenants, may
enter upon the common open space and operate and maintain the same
for a period of one year. Said operation and maintenance by the Township
shall not constitute a taking of said common open space nor shall
it vest in the public any rights to use the same if not previously
provided. Before the expiration of said year, the Township shall,
upon its initiative or upon the request of the organization theretofore
responsible for the maintenance of the common open space, hold a public
hearing upon notice to such organization, or to the residents of the
development, at which hearing such organization or the residents of
the cluster development shall show cause why such maintenance by the
Township shall not, at the sole option of the Board of Supervisors,
continue for a succeeding year. If the Board of Supervisors shall
determine such organization is ready and able to maintain said common
open space in reasonable condition as otherwise required by the homeowners'
documents, conservation easements, and restrictive covenants, the
Township may, in its sole discretion, continue to maintain said common
open space during the next succeeding year, and, subject to appeal
to the Court of Common Pleas in the same manner and within the same
time limitations as is provided for zoning appeals.
(6)
Taxation. The developer and landowner of every development
including common open space shall arrange with the County Board of
Assessment a method of assessment of the common open space that will
allocate to each tax parcel in the development a proportionate share
of the total assessment for such open space. The Board of Supervisors
shall approve the method of allocation.
H.
Assuring compliance with open space requirements and
completion and integrity of open space facilities and improvements.
In addition to the financial security required for public improvements
such as streets, trails and bikeways on or off the property, water
supply, wastewater, and stormwater facilities, etc., the Township
shall require that either cash or financial security for certain open
space costs be posted at the time of issuance of the first building
permit or final plan approval as set forth hereafter:
(1)
Fees in lieu of open space acquisition and open space
improvements.
(a)
Whenever a landowner or developer is required
or has been permitted under the provisions of this chapter to provide
funds for the acquisition and improvement of open space in lieu of
providing such on the property, the landowner or developer, in the
case of developments or dwellings not requiring subdivision or land
development approval, shall pay such fees prior to the issuance of
the first building permit.
(b)
In the case of subdivisions or land developments
requiring final plan approval, financial security in the full amount
of that required to cover the required funds shall be posted with
the Township at the time of final plan approval. Prior to the issuance
of the first building permit, the developer shall pay the Township
1/2 of the total fees to cover land acquisition costs. The balance
shall be paid in two increments: 1) at the time of application for
a building permit representing 1/2 of total permitted structures;
and 2) upon application for the last building permit or at the time
of dedication of public improvements, whichever shall first occur.
(2)
On-site open space and improvements.
(a)
The Township shall require that financial security
be posted at the time of final plan approval to cover the costs of
installing required recreational facilities and a time table for their
completion shall be provided that shall ensure that 1/2 of the facilities
shall be completed before building permits representing more than
1/3 of the total approved dwellings have been issued and the remainder
of the facilities completed before building permits representing 2/3
of the total approved dwellings are issued.
(b)
At such time as recreational facilities, structures,
and lands are dedicated to the Township or at the time financial security
is to be released for completed improvements that are being transferred
to the homeowners' association, financial security in the amount of
15% of the replacement costs (for Township-dedicated facilities) or
15% of actual costs for those transferred to the homeowners' association
shall be retained as financial security for 18 months to assure the
physical integrity of the structures or facilities.
[Added 11-19-2003 by Ord. No. 3-2003]
A.
Wherever the ownership and management of certain land
areas, buildings, stormwater management, water supply or sewage facilities,
or other improvements in a development will devolve in whole or in
part to its residents, the developer and landowner shall provide for
the establishment of a homeowners' association which shall be formed
and operated in accordance with the Uniform Planned Community Act,
except that where the provisions herein are more stringent they shall
apply. Such organization shall be responsible for ownership, operation,
maintenance of open space areas and common facilities, and for exterior
maintenance of residential units where such responsibility has been
deemed advisable by the Township Board of Supervisors or has been
incorporated in the homeowners' association's articles of incorporation.
The organization shall consist of all homeowners within the development
and the developer until such time as the developer has completed all
improvements for which the homeowners' association will be responsible
and dedicated all public improvements. Until such time, voting rights
shall be based on one vote for every approved residential lot; provided,
however, that no changes or alterations of the bylaws, the articles
of incorporation, or the obligations of the homeowners' association
shall be made without the approval of the developer and the Board
of Supervisors in consideration of the recommendation(s) of a majority
of the homeowners within the development. At such time as the homeowners
take full control of the homeowners' association, each shall be entitled
to an equal vote ensuring equal responsibility for maintenance and
other costs of ownership and operation of open space areas, common
facilities, exterior maintenance where such is to be provided, and
such other responsibilities as they may vote to accept. If exterior
maintenance will only be provided to certain sections of the property
or types of residential units, provisions shall be made for separate
voting procedures for those lot, structure, or condominium owners
with regards to exterior maintenance only and separate funds and assessments
established therefor. Such owners shall have full voting rights on
other homeowners' association matters and shall abide by all homeowners'
association decisions. The homeowners' association shall not be dissolved
nor shall it dispose of the common property.
B.
The developer and landowner of a development with
common ownership of open space or common facilities as defined herein
shall prepare and present at the time of application for final approval
by the Board of Supervisors documents identifying the disposition
of ownership of common facilities and open space areas and any provisions
for exterior maintenance of dwellings and yard areas of any portions
of the development that will be commonly managed. A homeowners' association
shall be structured and operated in accordance with the following
minimum regulations which shall be presented in the documents and
approved by the Township:
(1)
Bylaws describing the formation and the duties of
the homeowners' association including the responsibilities for maintenance
of the common open areas and common facilities and the right of the
homeowners' association to lien individual properties for failure
to pay such maintenance fees as may be established by the homeowners'
association.
(2)
Mandatory membership by all property owners of the development and their successors and assigns with all membership and voting rights defined. There shall be one class of members to which all homeowners shall belong and for which assessments shall be established for the management, maintenance and insurance of all common facilities and open space. As noted in Subsection A above, if certain residential property owners will be dependent on homeowners' association maintenance of dwellings and yards, a separate and additional class of homeowners' association members may be created for the maintenance and management of exteriors of dwelling and their yard areas and design approval of alterations to such. The members of such class shall bear sole responsibility for management and maintenance of the buildings and yard areas and shall be separately assessed the costs thereof.
(3)
The homeowners' association shall be organized by
the developer and operating with financial subsidy by the developer,
before the sale of any lots within the development. Once established,
the homeowners' association's bylaws or articles of incorporation
shall not be altered or amended without prior legal notice to the
homeowners and approval by the Township Board of Supervisors upon
consideration of the recommendation(s) of a majority of the homeowners
in residence. Such approval shall not be withheld, provided any alteration
or amendment will not unreasonably alter the rights and responsibilities
of the homeowner members or conflict with the provisions of this chapter.
(4)
The conditions and timing of transfer of control of the homeowners' association from the developer to the homeowners shall be identified. Prior to transfer, the developer shall provide semiannual estimates and annual audited cost statements to the homeowners for all costs that will be apportioned between the developer and the homeowners and a statement of the balance and contributions made to the trust account [see Subsection B(5) below]. In general, costs of maintaining community open spaces and snowplowing of streets shall be apportioned equally to the owners of each lot (including all developed and undeveloped lots) and on an actual usage basis wherever possible in the case of water, wastewater, and other such services. Maintenance costs of stormwater facilities (other than individual property recharge or storage facilities) and other facilities directly related to the property's development shall remain the developer's exclusive responsibility until dedicated or approved by the Township Board of Supervisors for transfer to the homeowners' association.
(5)
As noted above, all members of the homeowners' association
(including the developer) shall share equitably in the costs of maintaining
the common lands and all shall share in improving the common lands
and common facilities after the developer's obligations to install
improvements have been fulfilled. Homeowners' association assessments
shall provide for both annual operating costs and projected long-range
costs relating to the repair and replacement of facilities and equipment.
A trust account shall be established at the time of organization of
the homeowners' association to serve as a repository for funds reserved
for such long-range costs, and procedures shall be established to
ensure that such funds cannot be withdrawn without the approval of
the homeowners in accordance with the provisions of the homeowners'
association bylaws.
(6)
Any sale or transfer of a lot or lots within the development
shall provide a disclosure to the buyer at the time of signing the
agreement of sale and on the deed informing the buyer of the homeowners'
association's existence and providing copies of (at the signing of
agreement) or reference to (in the deed) the articles of incorporation,
recorded covenants and restrictions and the bylaws and rules and regulations.
At the signing of the agreement, the buyer shall be provided a plan
showing all land and facilities that will be owned and managed by
the homeowners' association, information on how the land is to be
managed and reference made to the conservation easement that restricts
its use and management, and an estimate of the annual assessment for
which the buyer will be responsible.
(7)
The documents and recorded deeds shall explicate the
rights and duties of the Township and members of the homeowners' association
in the event of a breach of the covenants and restrictions.
(8)
The documents and deeds shall contain a statement
that grants to the Township powers with reference to the maintenance
of the common open space and the common facilities and assessing the
cost of the same as provided within the Pennsylvania Municipalities
Planning Code.
(9)
A provision for leasing certain open space lands back
to the original developer, his or her heirs or assigns, or to any
qualified person or corporation for the operation and maintenance
of open space lands, provided residents have access at all times,
and the agreements and any transfer or assignment of the lease is
approved by the homeowners' association and the Board of Supervisors.
No lease shall extend beyond the time when the homeowners assume majority
control of the homeowners' association unless provision is made for
review at such time. Lease agreements shall be recorded with the Office
of the Recorder of Deeds of Chester County and filed with the Township
Secretary.
[Amended 5-9-2011 by Ord. No. 1-2011]
(10)
The developer and landowner of every development shall prepare and present, at the time of application for final approval by the Board of Supervisors, a plan for the management of all common open space and common facilities, which plan shall provide, at a minimum the open space management plan set forth in § 250-98G(3).
(11)
In regard to all community sewerage or water
supply systems:
(a)
The maintenance requirements of all elements
of the systems shall be identified; annual maintenance schedules shall
be established, along with other repair and replacement schedules
based on manufacturer's specifications and the projected life cycles
of the facilities and equipment. Semiannual reports verifying compliance
with the above schedules and the monitoring performance of the facilities
shall be prepared by a qualified engineer or the homeowners' association
and submitted to the Township Engineer. Pumping of any community septic
tanks shall occur at least once every two years, with proof of such
pumping submitted to the Township.
(b)
The present costs of all major system components
shall be identified and the maintenance, repair, and replacement costs
shall be projected. Annual operating costs and annual contributions
toward the costs for major repairs and replacements that will need
to be placed in the homeowners' association's trust account shall
be identified. Substantial deflation of cost estimates by the applicant
shall be considered reasonable grounds for denial of final approval.
(12)
The maintenance and repair requirements for
all stormwater management and recharge facilities (excluding storm
sewers and inlets) shall be identified and annual cost projections
developed. Schedules for biennial inspections of all facilities by
the entity responsible for their management during and after rainfall
events shall be established to ensure proper connections and operation
and to determine the need for cleaning or repair of any tanks or connecting
lines. The annualized costs of major repairs and replacements that
will need to be placed in the homeowners' association's trust account
shall be identified.
(13)
Maintenance of common open space and common
facilities.
(a)
In the event that the organization established
to own and maintain common open space or other common facilities,
or any successor organization, shall at any time after establishment
of the homeowners' association fail to maintain the common open space
or common facilities in reasonable order and condition in accordance
with the development plan, the Board of Supervisors may serve written
notice upon such homeowners' association or upon the homeowners and
owners of the development, setting forth the manner in which the homeowners'
association has failed to maintain the common open space or other
common facilities in reasonable condition and said notice shall include
a demand that such deficiencies of maintenance be cured within 30
days thereof, and shall state the date and place of a hearing thereon
which shall be held within 14 days of the notice. At such hearing,
the Board of Supervisors may modify the terms of the original notice
as to the deficiencies and may grant an extension of time within which
they shall be corrected. If the deficiencies contained in the original
notice or modifications thereto are not corrected within 30 days or
any extension thereof, the Township, in order to preserve the taxable
values of the properties within the development, to prevent the common
open space or facilities from becoming a public nuisance or environmental
hazard, or to otherwise enforce the provisions of the homeowners'
documents and restrictive covenants, may enter upon the common open
space or common facilities and operate and maintain the same for a
period of one year. Said operation and maintenance by the Township
shall not constitute a taking of said common open space or common
facilities nor shall it vest in the public any rights to use the same.
(b)
Before the expiration of said year the Township
shall, upon its initiative or upon the request of the organization
theretofore responsible for the maintenance of the common open space
and common facilities, hold a public hearing upon notice to such organization,
or to the homeowners or residents of the development, at which hearing
such organization or the homeowners or residents of the development
shall show cause why such maintenance by the Township shall not, at
the sole option of the Board of Supervisors, continue for a succeeding
year. If the Board of Supervisors shall determine that such organization
is ready and able to maintain said common open space or other common
facilities in reasonable condition as otherwise required by the homeowners'
documents and restrictive covenants, the Township may, in its sole
discretion, continue to maintain said common open space or facilities
during the next succeeding year, and subject to a similar hearing
and determination in each year thereafter. The decision of the governing
body shall be subject to appeal to the Court of Common Pleas in the
same manner and within the same time limitations as is provided for
zoning appeals by this chapter.
[Added 1-24-2022 by Ord.
No. 1-2022]
A.
Outdoor shooting ranges that are the principal use of the property
shall be permitted in the LI Limited Industrial District by conditional
use approval.
B.
Private outdoor shooting ranges that are an accessory use to a single
family dwelling shall be permitted in all zoning districts, by special
exception approval, subject to the standards herein. Outdoor shooting
ranges which are permitted as an accessory use shall not be utilized
as a commercial use.
C.
Any portion of a property used for a commercial outdoor shooting
range that is the principal use of the property shall be situated
a minimum of 500 feet from any property line and a minimum of 1,500
feet from any residential building existing on the effective date
of this section. This shall not apply to structures on the same parcel
as the shooting range.
D.
Any portion of property used for an outdoor shooting range that is
an accessory use to a single-family dwelling shall be a minimum of
150 yards from any occupied structure.
E.
All shooting ranges shall be designed and constructed with safety
facilities to prevent accidental wild or ricocheting projectiles and
stray arrows. Such features shall include but not be limited to increased
setbacks, earthen berms behind the target mounting area and along
each side of the shooting range enclosing the full length of the range
from firing area to the back of the target area, range orientation
and a limitation of hours of operation.
F.
All shooting ranges shall be designed to minimize any noise created by the facility and shall comply with the noise standards in Chapter 125 of the Pocopson Code titled "Noise."
G.
No firearm or other projectile shall be discharged outdoors between
4:00 p.m. and 10:00 a.m.
H.
Security fencing may be required by the Township if necessary to
restrict accidental access to any range.
