[Ord. 95-07, 12/14/1995, § 1400; as amended by
Ord. 2016-02, 4/20/2016]
Unless otherwise noted, the following provisions in this Part
15 are applicable to all districts, except that such provisions shall
not apply to agricultural structures and uses as part of a normal
agricultural operation.
[Ord. 95-07, 12/14/1995, § 1401]
No lot shall be reduced so that the area of the lot or its dimensions
shall be less than that required herein.
[Ord. 95-07, 12/14/1995, § 1402]
No yard or other space surrounding 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.
[Ord. 95-07, 12/14/1995, § 1403]
1.
No obstruction including, but not limited to, walls, fences, and
vegetative material shall be permitted on any lot which impedes the
vision of traffic. Landscaping shall not be located within the right-of-way
of collector and arterial roads.
2.
On a corner lot or at a point of entry on a public road, nothing
shall be erected, placed or allowed to grow in a manner which obstructs
vision:
[Ord. 95-07, 12/14/1995, § 1404; as amended by
Ord. 2013-04, 12/18/2013, § 10]
1.
Conditions. The stripping of topsoil and the excavation of clay,
sand, gravel or rock shall be permitted only under the following conditions:
2.
Standards for Stripping Soil. Topsoil may be removed, provided the
site is graded and the site is stabilized and seeded in accordance
with DEP and Chester County Conservation District Chapter 102 regulations.
In all cases, a minimum of six inches of topsoil (technically known
as the "A" Horizon, in the USDA Soil Survey) shall remain.
3.
Standards for Excavation. Excavation operations shall be permitted
and the material thus excavated may be sold only under the following
situations:
[1]
Editor's Note: Former § 27-1506, Composting Operations,
as amended, was repealed 4/20/2016 by Ord. 2016-02.
[Ord. 95-07, 12/14/1995, § 1406]
1.
All required yards shall be unobstructed except as follows:
A.
An arbor, open trellis, flagpole, unroofed steps or terrace, recreational
facilities and alternative energy system components shall be permitted
with no restriction.
B.
Roofed terraces or porches and carports not included in the area
calculation of a building may project into any yard area no more than
15 feet, provided such projections shall be no closer than 15 feet
from any lot line to provide access to firefighting equipment.
[Ord. 95-07, 12/14/1995, § 1407; as amended by
Ord. 2008-04, 11/19/2008, § 1]
1.
Applicability. Height regulations shall not apply to church steeples,
barns and silos for agricultural use, flagpoles, communication towers,
antennas and alternative energy system components, including solar
panels and electrical generating windmills.
2.
Standards. Any and all exceptions shall not be raised to a height greater than the distance between the base and the nearest property line. Foundations for any tower shall be constructed at least in accordance with the standards for foundations, footings and wind load calculations under the Uniform Construction Code [Chapter 5, Part 1].
[Ord. 95-07, 12/14/1995, § 1408; as amended by
Ord. 2008-04, 11/19/2008, § 1]
Every building and structure shall be located on a lot adjacent to a public street or have access to an approved private street. Lots having no direct access shall remain vacant until an access established by this section is provided. Access standards are contained in Chapter 22, Subdivision and Land Development.
[Ord. 95-07, 12/14/1995, § 1409]
Refuse disposal shall be the responsibility of the individual
dwelling unit and lot owners. In all instances refuse shall be stored
in durable, rust resistant, watertight and rodent and pet-proof containers.
In no event shall refuse be stored outdoors for more than seven days.
[Ord. 95-07, 12/14/1995, § 1410]
Any single-family dwelling hereafter erected, altered, or located
upon any lot in the Township shall have a minimum habitable floor
area of 700 square feet.
[Ord. 95-07, 12/14/1995, § 1411; as amended by
Ord. 2013-04, 12/18/2013, § 12]
Stormwater runoff shall be managed in accordance with the provisions of Chapter 19, Stormwater Management.
[Ord. 95-07, 12/14/1995, § 1412; as amended by
Ord. 2008-04, 11/19/2008, § 1]
1.
Legislative Intent. Franklin Township, a second class township in
Chester County, Pennsylvania, exists as a township with agricultural
uses as well as residential uses. This section is intended to apply
to the portions of the Township of Franklin not devoted to agricultural
uses. It is not intended to be applicable to land maintained in a
natural and undeveloped state such as woodland or wetland but is intended
to be applicable to the area of the Township devoted to residential
uses. This section is for the protection of the public safety and
health by regulating the maintenance of residential properties to
prevent the accumulation of noxious plants, weeds and shrubs and to
prevent the accumulation of trash and debris in such areas.
2.
Maintenance. All lots in residential areas shall be maintained in
such a manner that all excess vegetation and noxious vegetation shall
be removed.
3.
Excess Growth of Vegetation. Upon the occurrence of any excess growth
of invasive or noxious vegetation in residential areas, the owner
of the real estate shall be notified by the person so authorized to
enforce this chapter indicating the violation of this chapter. The
notice shall be valid if mailed by first-class mail to the address
of the owner given for real estate tax purposes or by personal delivery
to the occupant of the site.
[Amended by A.O.]
5.
Compliance. Failure of the owner of the property or occupier of the
property to comply with this chapter after the said seven-day notice
shall authorize the Township to enter upon the property and remove
the excess growth and noxious growth from the property and charge
the property owner or occupant of the property for the same. This
cost of removal shall be in excess of any fines imposed as stated
heretofore and shall be collected as a fine by a summary proceeding
before the Magisterial District Judge.
[1]
Editor's Note: Former § 27-1514, Environmental Impact
Assessment and Mitigation Report, added 11/19/2008 by Ord. 2008-04,
as amended, was repealed 6/17/2015 by Ord. 2015-02.
[Added by Ord. 2016-03, 4/20/2016]
2.
Detailed Requirements.
A.
Equestrian uses, including, and not limited to, events, renting,
boarding/training, therapeutic riding, rehabilitation, riding, driving,
etc., shall be considered a use by right in all zoning districts.
B.
Equestrian uses that involve wagering, and/or charging of admission
to access the property, shall be permitted in all zoning districts,
on lots in excess of 10 acres, when approved as a conditional use
by the Board of Supervisors.
C.
Properties that meet the definition of a "concentrated animal operation
(CAO)" or "concentrated animal feeding operation (CAFO)" must develop
and maintain a nutrient management plan, as required by the state.
D.
The minimum gross lot area shall be at least three acres for the
keeping of horses. Two horses may be kept on a three-acre lot. For
lots exceeding three acres, but less than 10 acres, for each additional
one acre of lot area, one additional horse shall be permitted.
E.
Conditional Use Approval.
(1)
Conditional use approval may be requested from the Board of
Supervisors for the following conditions:
(2)
In all conditional use applications, the owner shall demonstrate
that adequate provisions for keeping of horses, including and not
limited to food, housing, exercise, and cleanliness, are provided
for on the property.
F.
Horses shall be kept tied, confined, and/or within a fenced area
unless they are under the direct control of an individual.
G.
Suitable shelter shall be provided for each horse. If a barn/stable-type
shelter structure is not provided, turnout shelters shall be provided.
Any shelter shall provide at least the following minimum standards:
H.
All shelters shall meet the setback requirements for accessory structures
of the underlying zoning district.
I.
A zoning permit shall be required for all turnout shelters, barns,
and stables.
J.
A manure storage area or a manure storage structure shall be provided
and shall meet the following minimum criteria:
(1)
The nearest edge of a manure storage area shall be set back
at least twice that of the setback for accessory structures of the
underlying zoning district.
(2)
A manure storage structure shall be located no closer to a property
line than the setback for an accessory structure of the underlying
zoning district.
(3)
Manure shall be properly stored on a temporary basis so as not
to create a nuisance and/or a health hazard.
(4)
Manure shall be removed from or spread on the property a minimum
of once every six months.
(5)
The nearest edge of a manure storage area/structure shall not
be located within 25 feet of any wetlands or floodplain.
(6)
A manure storage structure must contain at least one aboveground
wall, less than four feet in height, that prevents the manure from
entering the area between the accessory structure setback line and
property line.
(7)
A zoning permit is required for a manure storage structure.
K.
All fencing, shelters, manure storage areas, etc., shall be maintained
in good condition at all times while horses are being kept.
