Township of Franklin, PA SUPPLEMENTAL STANDARDS

Water shall be recycled and reused to the greatest extent possible.

The applicant shall document for the Township the water conservation measures that will be incorporated into the design of the car wash.

§ 27-1702 Gasoline Service Station.

[Ord. 95-07, 12/14/1995, § 1601]

Design Standards.

Off-Street Parking. Where the operation of a gasoline service station includes a convenience store, car wash, or both, parking space requirements for a gasoline service station, convenience store and car wash, as set forth in § 27-1610, shall apply.

Setbacks.

Fuel pumps shall meet the required setbacks of the underlying district.

Canopies shall be considered part of the principal structure and shall meet the required setbacks of the underlying district.

Stacking Space. The applicant shall demonstrate to the Township that sufficient stacking space, with a minimum of 30 feet on each side of a pump island, will be provided on-site to prevent queuing traffic from backing up onto rights-of-way or otherwise interfere with the flow of local traffic.

Underground Tanks. Underground tanks shall be installed, operated and removed in accordance with applicable federal and state regulations.

Operation.

All activities except those to be performed at the fuel pumps shall be performed within a completely enclosed building.

Paint spraying and body work are prohibited.

Lubrication, oil changes, tire changes and minor repairs are permitted, provided no more than two service bays shall be established or operated for these activities and all automobile parts and similar articles are stored within a building.

Outdoor storage shall not be permitted, except vehicles awaiting repairs may be stored outdoors for a maximum of five days.

Waste oil and other automotive waste products shall be disposed of as required by applicable federal, state, and local regulations. The applicant shall demonstrate to the Township that waste will be disposed of in accordance with these regulations.

§ 27-1703 Retirement Community.

[Ord. 95-07, 12/14/1995, § 1602; as amended by Ord. 2003-05, 4/17/2003; and by Ord. 2008-04, 11/19/2008, § 1]

The following provisions shall apply to retirement communities when permitted by this chapter:

The retirement community and accessory facilities shall be designed to serve its residents and their guests only.

The retirement community and accessory facilities shall be planned, developed and operated under the direction of a single owner or agent for the owner.

The retirement community shall provide individual dwelling units in any combination of single- or multiple-family dwellings and shall include a community center in which any of the following accessory uses may be permitted for the convenience of residents and their guests:

Dining facilities.

Medical facilities including treatment, nursing and convalescent facilities.

Recreational facilities including activity rooms, auditoriums, lounges and libraries.

Office and retail service facilities including gift shop, coffee shop, barber or beauty shop, bank and pharmacy.

The maximum gross density within a retirement community shall be as specified for the underlying zoning district by the provisions of § 27-1611. The net density for this use is 4 1/2 dwelling units per acre. For the purposes of this section, three beds for patient, resident and/or staff person use provided within a medical facility shall be deemed the equivalent of one dwelling unit.

The minimum tract size for a retirement community shall be 25 contiguous acres.

A minimum of 55% of the total tract area shall be designated as and used exclusively for common open space. Ownership, maintenance, location, design and layout of common space shall be in accordance with the provisions under § 27-1611, Open Space Design, shall be used solely for recreational purposes or shall remain in its natural state.

There shall be a minimum of 100-foot setback from all tract boundaries in which no structures shall be located. The screening provisions under § 22-610 of Chapter 22, Subdivision and Land Development, shall be incorporated within setback areas.

The building height is restricted to 35 feet.

Impervious coverage/building coverage.

§ 27-1704 Nursing Home.

[Ord. 95-07, 12/14/1995, § 1603; as amended by Ord. 2008-04, 11/19/2008, § 1]

The following provisions shall apply to nursing homes when permitted by this chapter:

There shall be an additional one acre of land area provided for every 10 patient beds exceeding 50 patient beds.

The maximum gross density within a nursing home shall be five dwelling units to the acre. For purposes of this section, three beds for patient, resident and/or staff person use provided within a medical facility shall be deemed the equivalent of one dwelling unit:

Nursing home (minimum)	5 acres
Gross density	5 dwelling units per acre
Height restriction	48 feet or 4 floors, whichever is less
Impervious coverage (maximum)	40%
Building coverage (maximum)	25%
Open space (minimum)	50%

There shall be a minimum common floor area of 2,000 square feet, plus a minimum of 250 square feet of habitable floor area for each bed.

Nursing homes shall be provided with parking facilities in accordance with § 27-1610.

Nursing home facilities shall be set back a minimum of 100 feet from any property line or street right-of-way line and shall be screened from adjacent properties in accordance with § 22-610 of Chapter 22, Subdivision and Land Development.

Nursing home facilities shall be licensed and operated in accordance with the Pennsylvania Department of Health. Licenses shall be clearly displayed and made available for inspection at all times. A license shall be obtained from the Department as a condition of issuing a use and occupancy permit by the Township.

§ 27-1705 Communication Towers.

[Ord. 95-07, 12/14/1995, § 1604; as amended by Ord. 2008-04, 11/19/2008, § 1]

Permit. Communication towers shall be permitted only on a temporary basis and for an individual or company holding a valid operator's license. The temporary permit shall be effective so long as such license remains active and the tower is maintained in good repair.

Engineer.

A structural engineer, registered in the State of Pennsylvania, shall design and supervise the construction of the communications tower.

The engineer who designed and supervised the construction of the tower shall prepare a report documenting that the communications tower conforms to the standards set forth in this section and all other applicable codes and ordinances of Franklin Township.

Sharing of Towers. To minimize aesthetic, land use and public health impacts associated with communications towers, no new tower may be established if the applicant can serve the same geographic area by attaching an antenna or other communication device to an existing tower.

Design Standards.

Construction.

A tower shall meet applicable regulations of the Federal Communications Commission, Federal Aviation Administration, American National Standards Institute, Electrical Industry Association and the Telecommunications Industry Association.

The tower shall be built to withstand 100 mph sustained winds with a uniform loading of 50 pounds, or short duration gusts of up to 150 mph. The break point of the tower shall be located such that, in the event of structural failure, the tower and associated debris will fall within the fenced area required in Subsection 4B below.

In areas of heavy vegetation, the tower shall be painted green up to 35 feet, with the remainder painted blue.

Towers built on the same site shall be similar in height, design and color.

Fencing.

The owners of a tower higher than 35 feet shall secure property boundaries, or at a minimum the tower base area including any support structures, such that the requirements of Subsection 4B(2) below are met.

The fence shall be chain link and either 10 feet in height or six feet in height with three strands of barbed wire on the top of the fence.

In addition to boundary security, all towers in excess of 35 feet in height shall have an integral security platform, or other means with locked access, to prevent unauthorized climbing of the tower.

Height. The height of a tower shall be determined by the Board of Supervisors. In determining the height, the Board shall consider:

Documentation from the applicant that the height of the tower is the minimum height necessary to accommodate the antenna or communication device.

The geography and terrain of the area surrounding the proposed location of the tower.

The height recommended by the supplier of the equipment.

The requirements of the Federal Aviation Administration (FAA).

Lighting. The nighttime lighting of a tower shall be prohibited unless required by the FAA.

Setbacks.

All towers shall comply with required setbacks and, in addition, the combination of setbacks between the property in question and the adjoining property shall be at least 1/3 the height of the tower.

Towers shall be at least six feet from the surface of any related structure, except that no transmitter, antenna, or other electronic equipment shall be closer than 15 feet from the nearest exterior surface.

The Board of Supervisors may increase the size of setbacks in accordance with Subsection 5A below.

Screening.

Screening shall be provided, in accordance with § 22-610 of Chapter 22, Subdivision and Land Development, to separate the communications tower from adjacent land uses.

The applicant shall demonstrate to the Township that the design of the communications tower is as visually unobstructive as possible, given technical, engineering, economic and other pertinent considerations.

Electromagnetic Radiation.

Exposure to radiation beyond an established threshold from certain types of radio transmitters has been found to be hazardous to human health by the U.S. Environmental Protection Agency. The National Institute of Occupational Safety and Health and the American National Standards Institute have adopted exposure standards. Radiation from any proposed tower shall not exceed established safe levels outside of the fenced area required in Subsection 4B, above, either at ground level or in any habitable structure above ground level. If adequate attenuation cannot be achieved through technological improvements or an increase in tower height, setbacks shall be increased to the extent necessary to ensure that unsafe levels of radiation do not extend beyond the boundaries of the property.

The emission of radio waves emanating from the tower shall not cause measurable radio interference with the reception or operation of AM radios, TV and FM reception, car or cellular or portable phones, heart pacemakers, garage door openers, remote control units for models and other radio-dependent devices in general use within the Township.

The applicant shall demonstrate to the Township that unsafe levels of radiation do not extend beyond the boundaries of the property from the ground level to the highest point of an adjacent habitable structure.

Inspection. Each year, the owner of any tower higher than 35 feet shall submit to the Township proof of an annual inspection, by an independent licensed structural engineer and tower maintenance program including, but not limited to, evidence that levels of electromagnetic radiation meet the standards established in Subsection 5 above. Any structural faults noted will be immediately corrected by the owner.

Suspension or Revocation of Temporary Permit.

If the owner falls to provide proof of certified inspection by a licensed structural engineer, in accordance with Subsection 6 above, the Township may suspend or revoke the temporary permit and require the owner to cease operations.

The Township shall revoke the temporary permit upon immediate notice from the owner that tower operations are being ceased or abandoned.

Removal of Tower. A communications tower shall be dismantled and removed within 60 days of the revocation of a temporary permit or the cessation or abandonment of operations.

Performance Bond. A performance bond shall be posted by the applicant prior to the issuance of a permit by the Township. The amount of the performance bond shall be established by the Township Engineer and shall be an amount which will adequately cover the removal of the tower and related facilities and equipment in the event the applicant abandons the tower or is unable to correct problems identified in the annual inspection. Such performance bond shall not be used by the Township for any other purpose. Upon the removal of the tower and related facilities and equipment, to the satisfaction of the Board of Supervisors, the bond shall be released to the applicant.

Tower-Based and Non-Tower-Based Facilities in the Rights-of-Way. The following regulations shall apply to tower-based and non-tower-based wireless communications facilities located in the rights-of-way:

[Added by Ord. 2017-08, 9/20/2017]

Permitted by Conditional Use. Tower-based WCFs shall be permitted only in the ROW in nonresidential areas of arterial and collector roads and shall not be permitted on residential streets. Non-tower-based WCFs may be mounted on already existing structures and must be compatible in scale and proportion to the structure on which they are mounted. Both facilities shall be permitted by conditional use approval by the Board of Supervisors.

Gap in Coverage. An applicant for a tower-based and non-tower-based WCF must demonstrate that a significant gap in wireless coverage exists with respect to all wireless operators in the applicable area and that the type of WCF being proposed is the least intrusive means by which to fill that gap in wireless coverage. The existence or nonexistence of a gap in wireless coverage shall be a factor in the Township's decision on an application for approval of tower- and non-tower-based WCFs in the ROW.

Tower-Based Facilities in the Rights-of-Way. The following additional regulations shall apply to all tower-based wireless communications facilities located in the rights-of-way:

[Added by Ord. 2017-08, 9/20/2017]

Co-Location. An application for a new tower-based WCF in the ROW shall not be approved unless the Township finds that the proposed wireless communications equipment cannot be accommodated on an existing structure, such as a utility pole or traffic light pole. Any application for approval of a tower-based WCF shall include a comprehensive inventory of all existing towers and other suitable structures within a one-mile radius from the point of the proposed tower, unless the applicant can show to the satisfaction of the Township that a different distance is more reasonable and shall demonstrate conclusively why an existing tower or other suitable structure cannot be utilized.

Design Requirements.

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, not including antennas, each of which are no more than six feet in height and are compatible in scale and proportion to the structures upon which they are mounted. All ground-mounted equipment shall be underground.

Antennas 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.

The height of the communications antenna(s) and apparatus attaching the antenna(s) thereto shall not exceed 10 feet in height, unless the applicant obtains conditional use approval for a greater antenna(s) height and demonstrates that such height is required to make it an adequately functional component of the applicant's system, but in no case shall such height exceed 25 feet.

Compensation for ROW Use. Every tower-based WCF in the ROW is subject to the Township'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 Township'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 Township. The owner of each tower-based WCF shall pay an annual fee to the Township to compensate the Township for the Township's costs incurred in connection with the activities described above. The annual ROW management fee for tower-based WCFs shall be determined by the Township and authorized by resolution of the Board of Supervisors and shall be based on the Township's actual ROW management costs as applied to such tower-based WCF.

Time, Place and Manner. The Township 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 Township and the requirements of the Public Utility Code.[1]

[1]

Editor's Note: See 66 Pa.C.S.A. § 101 et seq.

Equipment Location. Tower-based WCFs 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 Township. In addition:

All ground equipment associated with the tower shall be located underground so as not to cause obstruction of the right-of-way.

Any graffiti on the tower or on any accessory equipment shall be removed at the sole expense of the owner within 30 business days of notice of the existence of the graffiti.

Any underground vaults related to tower-based WCFs shall be reviewed and approved by the Township.

Additional Antennas. The WCF applicant shall allow other service providers to co-locate antennas on tower-based WCFs where technically and economically feasible. The owner of a tower-based WCF shall not install any additional antennas without obtaining the prior written approval of the Township.

Relocation or Removal of Facilities. Within 60 days following written notice from the Township, or such longer period as the Township determines is reasonably necessary or such shorter period in the case of an emergency, an owner of tower-based WCF in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any WCF when the Township, consistent with its police powers and applicable Public Utility Commission regulations, shall determine that such removal, relocation, change or alteration is reasonably necessary under the following circumstances:

The construction, repair, maintenance or installation of any Township or other public improvement in the right-of-way.

The operations of the Township or other governmental entity in the right-of-way.

Vacation of a street or road or the release of a utility easement.

An emergency as determined by the Township.

12.

Non-Tower Wireless Facilities in the Rights-of-Way. The following additional regulations shall apply to all non-tower wireless communications facilities located in the rights-of-way:

[Added by Ord. 2017-08, 9/20/2017]

Co-Location. An application for approval of a non-tower-based structure shall include a comprehensive inventory of all existing towers and other suitable structures within a one-mile radius from the point of the proposed non-tower-based WCF unless the applicant can show to the satisfaction of the Township that a different distance is more reasonable, and shall demonstrate conclusively why an existing structure cannot be utilized.

Design Requirements.

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 (not including the antenna), 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 ground-mounted equipment shall be underground.

Compensation for ROW Use. Every non-tower-based WCF in the ROW is subject to the Township'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 Township'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 Township. The owner of each non-tower-based WCF shall pay an annual fee to the Township to compensate the Township for the Township's costs incurred in connection with the activities described above. The annual ROW management fee for non-tower-based WCFs shall be determined by the Township and authorized by resolution of the Board of Supervisors and shall be based on the Township's actual ROW management costs as applied to such non-tower-based WCF.

Time, Place and Manner. The Township shall determine the time, place and manner of construction, maintenance, repair and/or removal of all non-tower 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 Township and the requirements of the Public Utility Code.[2]

[2]

Editor's Note: See 66 Pa.C.S.A. § 101 et seq.

Equipment Location. Non-tower-based WCF 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 Township. In addition:

All ground equipment associated with the tower shall be located underground so as not to cause obstruction of the right-of-way.

Required electrical meter cabinets shall be screened to blend in with the surrounding area to the satisfaction of the Township.

Any graffiti on the tower or on any accessory equipment shall be removed at the sole expense of the owner within 30 business days of notice of the existence of the graffiti.

Any underground vaults related to non-tower-based WCFs shall be reviewed and approved by the Township.

Relocation or Removal of Facilities. Within 60 days following written notice from the Township, or such longer period as the Township determines is reasonably necessary or such shorter period in the case of an emergency, an owner of a WCF in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any WCF when the Township, 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:

The construction, repair, maintenance or installation of any Township or other public improvement in the right-of-way.

The operations of the Township or other governmental entity in the right-of-way.

Vacation of a street or road or the release of a utility easement.

An emergency as determined by the Township.

§ 27-1706 Recycling Facility.

[Ord. 95-07, 12/14/1995, § 1605; as amended by Ord. 2008-04, 11/19/2008, § 1]

Design Standards.

Stacking Space. The applicant shall demonstrate to the Township that sufficient stacking space, with a minimum of 60 feet, shall be provided on-site to prevent queuing traffic from backing up onto rights-of-way or otherwise interfere with the flow of local traffic.

Fencing. A fence, with a minimum height of 10 feet, shall be provided around the property to secure the site and contain within its boundaries any debris resulting from the operation of the recycling facility.

Screening. Screening shall be provided, in accordance with § 22-610 of Chapter 22, Subdivision and Land Development, to visually separate the facility from adjacent land uses.

Operation.

All operations including collection and storage shall be conducted within an enclosed building.

The applicant shall document the scope of operation to the Township including measures used to mitigate noise, fumes, dust and litter.

The recycling facility shall be regularly maintained, including immediate collection of stray debris.

The Township shall have the right to inspect the program at any time to insure compliance with the provisions of this chapter.

Delinquency of Maintenance.

In the event the owner of a recycling facility fails to maintain the same in reasonable order and according to conditions of a development plan, the Township may serve written notice upon the owner of the recycling facility setting forth the failure and surroundings.

Notice shall demand that the deficiencies of maintenance be corrected within 30 days and shall establish the date and place of a hearing to be held on the delinquency. Such a hearing should take place within 14 days of the notice. Should the deficiencies set forth in the original notice or in the subsequent modifications fail to be corrected within the established 30 days, the Township may enter the recycling facility and maintain it for a period of one year. Such efforts shall not constitute a taking of the property nor vest in the public any right to use the same. The cost of maintenance by the Township shall be assessed ratably against the property.

Such assessments shall become a lien on the said properties and shall be perfected by filing in the Office of the Prothonotary of Chester County, Pennsylvania.

Performance Bond. A performance bond shall be posted by the applicant prior to the issuance of a permit by the Township. The amount of the performance bond shall be established by the Township Engineer and shall be an amount which will adequately cover the removal of the recycling facility in the event the applicant abandons the tower or is unable to correct problems identified by the Township in an inspection. Such performance bond shall not be used by the Township for any other purpose. Upon the removal of the recycling facility to the satisfaction of the Board of Supervisors, the bond shall be released to the applicant.

§ 27-1707 Sewage Sludge Storage Facility.

[Ord. 95-07, 12/14/1995, § 1606; as amended by Ord. 2008-04, 11/19/2008, § 1]

Minimum Lot Size. A minimum of 10 acres shall be provided for a storage facility.

Department of Environmental Protection. Sewage sludge storage facilities shall comply with applicable regulations of the Department of Environmental Protection of the Commonwealth of Pennsylvania.

Design Standards.

Setbacks.

The minimum setback from any property line shall be 100 feet.

The minimum setback from any dwelling, well or water supply shall be 300 feet.

The minimum distance between an access point for the facility and an abutting residential property shall be 100 feet.

Access. Access to sewage sludge storage facility shall be provided along a collector road or road designed to serve an industrial area.

Fencing. A fence with a minimum height of 10 feet shall be provided around the property to prevent trespassing.

Operation. A delivery schedule shall be submitted to the Township prior to the issuance of a zoning or building permit. The schedule shall indicate the number of deliveries and types of trucks to be used. All deliveries shall occur during daylight hours.

Inspection. The Township shall have the right to inspect the program at any time to insure compliance with the provisions of this chapter.

Performance Bond. A performance bond shall be posted by the applicant prior to the issuance of a permit by the Township. The amount of the performance bond shall be established by the Township Engineer and shall be an amount which will adequately cover the transportation of sludge and the removal of all storage facilities in the event the applicant abandons the storage facility or is unable to correct problems identified in the annual inspection. Such performance bond shall not be used by the Township for any other purpose. Upon closure or sale of the storage facility and the removal of all facilities to the satisfaction of the Board of Supervisors, the bond shall be released to the applicant.

[Amended by A.O.]

§ 27-1708 Truck Freight Terminal.

[Ord. 95-07, 12/14/1995, § 1607]

Design Standards.

Access to the truck freight terminal shall be provided along a collector road or road designed to serve an industrial area.

The applicant shall demonstrate to the Township that sufficient stacking space will be provided on-site to prevent queuing traffic from backing up on the rights-of-way or otherwise interfere with the flow of local traffic. At the minimum, slacking space shall be provided for an overflow of 25% of the number of trucks that can be accommodated in loading berths at any one time.

Additional Information. At the discretion of the Board of Supervisors, the applicant may be required to prepare and submit traffic and noise studies.

§ 27-1709 Home Occupation.

[Ord. 95-07, 12/14/1995, § 1608; as amended by Ord. 2008-04, 11/19/2008, § 1]

Purpose. The purpose of this section is to permit home occupations within agricultural and residential zones; provided, that all residents are protected from excessive noise, excessive traffic, nuisance, fire hazard and other possible effects of home occupation activity which may threaten the peace, quiet and domestic tranquillity of the neighborhood.

Applicability. The provisions established under this section shall apply where home occupations are permitted as an accessory use.

Exemptions.

No-impact home-based businesses.

The home occupation which meets all of the following criteria is exempt from the requirements of this section.

The home occupation is operated only by inhabitants of the dwelling.

No more than one client or customer visits the dwelling each week.

There are no retail sales of services, products or merchandise.

There is no exterior indication of the home occupation, including signs, advertising, or other display.

Pickup and delivery of goods and supplies is limited to once each week, excluding normal postal services and parcel delivery.

Standards. Home occupations which are not exempt according to this section shall comply with the following standards:

The home occupation must be owned and operated by at least one resident of the dwelling. No more than two nonresidents of the dwelling may be employed or engaged in the home occupation.

The home occupation, including storage, shall not occupy more than 25% of the total floor area of the dwelling unit.

Excluding one sign described in Subsection 4D below, the residential appearance of the dwelling or premises shall not be altered and no evidence of the home occupation shall be visible from the outside.

One sign identifying the home occupation is permitted in accordance with Part 20 of this chapter.

The home occupation, including storage, shall be conducted wholly within the residence, one accessory building, or both. Sales, activities, materials and displays are prohibited in required yards.

The home occupation shall not produce noise, pollution, vibration, or heat and glare in accordance with § 27-1608.

Electrical or mechanical equipment that creates visible or audible interference in radio or television, receivers, causes fluctuations in line voltage outside the dwelling unit, or creates noise not normally associated with residential uses shall be prohibited.

The home occupation must not require the use of heavy equipment or vehicles, such as tractor trailers, farm or construction machinery and buses, other than that typically used for residential purposes.

No more than 12 clients or customers shall visit the home occupation each day.

In addition to the number of spaces required for the residence, one off-street parking space shall be provided for use by clients or customers.

No more than two deliveries from commercial suppliers shall be made each week, excluding normal postal services and parcel deliveries. Deliveries from commercial suppliers shall be made between the hours of 6:00 a.m. and 6:00 p.m.

Day-care homes that are licensed by the State of Pennsylvania and are in conformance with all standards included in this section are allowed as home occupations.

Application for Permit. A resident of a dwelling unit may apply for a permit to conduct a home occupation according to the procedure in § 27-2306 and the procedure outlined below:

An application for a use and occupancy permit must be submitted to the Zoning Officer in accordance with § 27-2308 of this chapter.

In addition to the submittal requirements set forth in § 27-2308, Subsection 2, the applicant must submit a schematic drawing indicating the following:

Lot lines and dimensions of the property in question.

Floor plan of the dwelling specifying location of home occupation activity, including storage areas.

Total number of square feet for the dwelling and home occupation.

Location of parking spaces for employees, customers and clients.

The application for a use and occupancy permit shall be accompanied by the prevailing filing fee.

Upon receipt of the application, the Township shall notify all property owners within 500 feet of the proposed home occupation. The Township shall not take action for 30 days.

Within 35 days of notification and fee submittal, the Zoning Officer will notify the applicant of one of the following:

The application does not meet the home occupation criteria listed above and the permit has been denied.

The application meets the occupation criteria listed above and a permit will be issued for a period of one year.

All home occupations being conducted on the effective date of this chapter shall have 30 days thereafter to apply for the use and occupancy permit. Such home occupations may be continued pending final determination of the application.

Permit Renewal. The use and occupancy permit shall be renewed annually, provided there has not been any violation of the provisions of this section. One month prior to expiration, requests for renewals shall be submitted to the Zoning Officer in writing and accompanied by the prevailing fee. If approved, the permit shall be extended for a period of one year.

Revocation of Permit. Failure to secure a permit or comply with the provisions of this section shall be considered a violation and applicants are subject to the provisions set forth in §§ 27-2303 and 27-2304.

Termination of Permit. If the permit is not renewed or is revoked, or if the permit holder dies or moves, the permit becomes null and void and the home occupation shall be terminated. In case of death, should a surviving spouse or child residing at the same address desire to continue the home occupation, written notice to that effect shall be given to the Zoning Officer. The Zoning Officer may authorize continuation of the home occupation for the duration of the permit.

Inspection. The Zoning Officer may conduct an inspection of a home occupation at the time of permit application or renewal. In addition, the Zoning Officer shall have the right at any time, upon reasonable request, to enter and inspect the premises covered by said permit for safety and compliance purposes in accordance with § 27-2302.

Appeal. The decision of the Zoning Officer concerning approval, renewal, or revocation shall be final unless a written appeal is filed with the Zoning Hearing Board within 10 calendar days of the decision.

Other Regulations. Home occupations are subject to all other applicable regulations within this chapter including, but not limited to, other provisions of Part 15. In the event that this section is inconsistent or in conflict with another provision of this chapter, the more restrictive regulation shall apply.

§ 27-1710 Community Living Arrangements.

[Ord. 95-07, 12/14/1995, § 1609]

Applicability. The provisions established by this section shall govern the housing of mentally retarded and emotionally disturbed in the Township where permitted by special exception.

Standards. In addition to criteria established for the review of special exceptions, the following standards shall apply to all community living arrangement applications:

The arrangement shall satisfy the definition of family as established under this chapter.

The arrangement shall be provided with twenty-four-hour live-in supervision to ensure clients receive proper care and that the arrangement will function as a family unit.

The arrangement shall not generate noise or other disturbances incompatible with residential neighborhoods which may endanger the public health, safety and welfare of Township records.

The arrangement shall have a fenced in rear yard area.

The existing building may be reduced in size during conversion to a community living arrangement but shall not be enlarged except for the creation of fire escapes and outside stairways. Such additions shall be located at the rear of the building.

The arrangement shall comply with guidelines established by the Chester County Department of Mental Health/Intellectual and Developmental Disabilities.

[Amended by A.O.]

Process. As part of the review process, all residents within 1,000 feet of the proposed arrangement shall be notified of the proposed use prior to establishing a date for a hearing before the Zoning Hearing Board.

§ 27-1711 Rooming Houses.

[Ord. 95-07, 12/14/1995, § 1610]

Applicability. The provisions established under this section shall apply to all rooming houses permitted by this chapter.

Standards. The following standards shall apply to all rooming houses:

A rooming house shall contain no less than three nor more than nine rooming units.

No more than one person shall be housed in each rooming unit.

Each rooming unit shall have a minimum of 200 square feet of habitable floor area.

For every three rooming units, there shall be a complete bathroom facility.

Each rooming house shall contain a communal kitchen with all facilities.

A minimum of one all-weather off-street parking space shall be provided per rooming unit.

Process. The Zoning Officer shall review all applications for rooming houses to determine compliance. As part of the review process, all residents within 1,000 feet shall be notified prior to establishing a date for a public hearing. Upon approval and completion or alteration of a rooming house, the Zoning Officer shall inspect the premises prior to issuing an occupancy permit to verify compliance with this chapter. An occupancy permit shall be effective for one year, with annual renewals predicated on inspections. Owners shall be given a ten-day advance notice of the inspection date.

§ 27-1712 Additional Dwelling Unit.

[Ord. 95-07, 12/14/1995, § 1611; as amended by Ord. No. 2019-01, 1/16/2019]

An additional dwelling unit as defined herein shall be permitted within a single-family dwelling or a detached accessory structure on the same property.

An additional dwelling unit shall be permitted only on a residential property where the owner of the property resides.

An additional dwelling unit, in a detached accessory structure, shall require land development as defined in § 22-202.

[Amended by A.O.]

For properties 3.5 acres or less in size, one additional dwelling unit shall be permitted within a principal structure.

For properties greater than 3.5 acres in size, but less than 10 acres, one additional dwelling unit shall be permitted as follows:

A maximum of one additional dwelling unit may be within a principal structure; or

A maximum of one additional dwelling unit may be within a detached accessory structure.

For properties 10 acres or more in size, a maximum of two additional dwelling units shall be permitted as follows:

A maximum of one additional dwelling unit shall be contained within the principal structure.

A maximum of one additional dwelling unit shall be located within a detached accessory structure.

An additional dwelling unit may only be used for long-term occupation and may not be used for a short-term rental use.

A separate street address shall be obtained and utilized for an additional dwelling unit that is located within a detached accessory structure.

An additional dwelling unit shall utilize the existing driveway to the subject property whenever possible. If necessary, a second driveway may be permitted subject to a driveway permit being obtained. The number of driveways shall comply with § 21-125.

One additional off-street parking space shall be provided for each additional dwelling unit, as required in § 27-1610. In addition, adequate maneuvering space for all parking spaces shall be provided, as determined by the Zoning Officer.

Any and all proposed impervious cover that results from the creation of an additional dwelling unit, such as an addition, a structure, a driveway, a driveway extension, etc., shall be subject to the requirements of Chapter 19, Stormwater Management.

12.

Chester County Health Department sewage approval for each proposed additional dwelling unit shall be provided.

13.

If a new well is proposed to service an additional dwelling unit, a well permit from Chester County Health Department shall be provided.

14.

Any proposed detached accessory structure in which an additional dwelling unit may be located shall comply with the setback requirements for a principal dwelling within the underlying zoning district in which it is to be located, and is exempt from § 27-1503, Yard Calculations.

15.

An additional dwelling unit shall not be located within an existing detached accessory structure that does not comply with the setback requirements for a principal dwelling.

16.

A zoning permit shall be required for an additional dwelling unit.

17.

A building permit shall be required for the construction of any additional dwelling unit and shall comply with the current UCC as adopted by the Commonwealth of Pennsylvania.

§ 27-1713 Swimming Pools.

[Ord. 95-07, 12/14/1995, § 1612]

Applicability. The provisions established under this section apply to all swimming pools as defined in § 27-202 where permitted as an accessory use.

Standards. All swimming pools shall comply with the following standards:

The pool is intended and is to be used solely for the enjoyment of the occupants of the principal use of the property on which it is located.

The pool and any pool-related structure shall be set back from any property line a minimum of 10 feet.

The pool area of the entire property on which it is located shall be walled or fenced not less than four feet in height.

The pool shall be located in the side or rear yard of a lot.

§ 27-1714 Public Utilities.

[Ord. 95-07, 12/14/1995, § 1613]

Exemptions. The provisions of this chapter shall apply to any existing or proposed building or their extension used or to be used by a public utility corporation, unless, upon petition of the corporation, the Pennsylvania Utility Commission (PUC) shall decide that the present or proposed situation of the building in question is reasonably necessary for the convenience or welfare of the public.

Lot Area and Coverage. The minimum lot area and maximum coverage regulations of this chapter shall apply to public utility facilities unless the Pennsylvania Public Utility Commission decides the proposed building is reasonably necessary. All yard and maximum height regulations shall apply, except for necessary towers, poles and lightning rods.

§ 27-1715 Golf Courses.

[Ord. 95-07, 12/14/1995, § 1614; as amended by Ord. 2013-14, 12/18/2013, § 14]

Eligibility. Use of the golf course and golf club option is authorized, provided the following conditions are met:

The gross area of the tract to be developed shall not be less than 100 contiguous acres in the AR Residential District or in the LDR Residential District or in both of the districts or in the MDR, HDR or LI Districts, provided such use in these districts does not exceed in total 10% of the proposed golf course use.

The plan, as submitted, must receive approval as a conditional use according to the procedures set forth hereinafter regarding access, ingress, egress, parking, course layout, clubhouse facilities, lighting, buffering, signs and landscaping, environmental constraints and design standards. The term "golf course" is limited and is not intended to include miniature golf courses, golf driving ranges or other commercial activity related to the game of golf. Nothing herein is intended to prohibit the operation of a club with normal accessory uses to a golf club as exists at the time of the adoption of this chapter.

Conditional Use Standards. The following standards shall be used in consideration for the approval of an application for this conditional use:

The applicant for the conditional use shall prepare and submit a study demonstrating the traffic uses on the road or roads wherein access to the golf facility is to be located, demonstrating that the nature and design of the access road or roads will be safe means of access within the standards as established by the Pennsylvania Department of Highways.

The applicant for the conditional use shall prepare and submit a study demonstrating that the parking facilities will be safe and adequate to serve the needs as reasonably anticipated under maximum conditions of the proposed functions and use of the property for golf course or golf facility.

The applicant for the conditional use shall prepare and submit schematic plans for the building construction of any clubhouse, locker room, storage facility, accessory uses and any other uses planned on the site including such items as tennis courts, swimming pools, pro shop, dining room, kitchen and other facilities. No such facilities shall contain any other commercial or business uses than those attached to such golf club use.

The applicant for the conditional use shall prepare and submit a study and report showing the proposed locations of the driveways, the fairways, greens, tees and demonstrate the design which will minimize the hazards and dangers to the surrounding highways and residential uses resulting from the proposed use.

The applicant for the conditional use shall prepare and submit a plan for any exterior lighting to take place on the site demonstrating that it will not create a hazard or a nuisance to any of the surrounding uses including surrounding highway use, a plan of buffering by landscaping or berms or other methods if any buffering is designed.

The applicant for the conditional use shall submit a proposal delineating the area of the site to be used for on-site or other sewage disposal system and the applicant shall also submit a plan for the water use and consumption on the site including the water availability and needs for domestic water and sprinkling systems to demonstrate that such uses will not adversely affect the surrounding property owner's water supply. If surface water and stream water is to be used for irrigation purposes, a study shall demonstrate the right of the applicant to remove such surface water or stream water for that use.

The applicant for conditional use shall submit a proposal for environmental constraints analysis for the site. Included in such a study shall be a survey of the existing environmental conditions on the site reporting: (1) field located streams, ponds or other water bodies; (2) name of the watershed and subwatershed, stream use and class designation; (3) field located wetlands including documentation of vegetation, soils and hydrology; (4) wetlands classifications; (5) calculated 100-year floodplain; (6) topography with slopes differentiated as 10% slopes, 11% to 19% slopes and more than 20% slopes; (7) existing land cover; and (8) location of significant plant and animal habitat.

The applicant for conditional use shall submit a proposal containing design standards. The design standards shall take into consideration those areas restricted from development because of the wetlands, floodplains and streams thereafter submitting a proposed layout of the golf course that would include the following: (1) tees, greens, fairways and practice range; (2) buildings; (3) roads and parking lots; (4) conceptual design for the management of stormwater runoff; and (5) location of irrigation wells and/or ponds. If any of the above facilities would require encroachment on streams, wetlands, floodplains, a request for a waiver to be extended by the Board of Supervisors must be made to meet the following conditions:

Fairways shall be sited to reduce the number of crossings and should be limited to a maximum of two for each 1,000 feet of stream length.

Fairways shall be sited to eliminate or minimize the need to clear forest on steep or erodible slopes.

Fairways shall cross perpendicular to the stream, wetland.

Fairway construction shall not require filling or grading in wetlands or floodplains.

In cases where lack of topographic relief requires clear cutting of trees, such use may be permitted; provided, however, that the portion of the fairway in the wetlands or floodplains must be maintained as unplayable rough. Where significant plant and/or animal habitats are determined to exist in the site, the applicant will design the golf course to preserve these areas.

The applicant for conditional use shall submit a proposal containing stormwater management and water quality management plans. The plans shall consider the managing of stormwater runoff giving major consideration to the control of stream bank erosion and control of pollutants including pesticides, nutrients, metals and organic materials from roads, parking lots, greens and fairways. Design of stormwater management and water quality facilities shall be in accordance with the provisions of Chapter 19, Stormwater Management.

The applicant for conditional use shall submit a study of stream base flow depletion. Where irrigation wells are proposed, a stream depletion analysis should be made. An assessment of the impact of stream base flow reductions on in-stream habitat shall be made.

The applicant for conditional use shall submit a proposal which shall contain a study of ponds constructed for irrigation water supply or as a hazard shall address the following impacts:

Changes in organic material support.

Invertebrate drift.

Fish passage.

Loss of wetland functions.

The applicant for conditional use shall submit a proposal which shall contain a study of forest cover and significant habitats. This shall determine the percentage of the total site acreage that is forest cover. The design of the golf course should limit clearing of forest to 25% of the total forest acreage. If the design requires that more than 25% of the existing forest be cleared, then a reforestation program must be implemented to replace any coverage over the 25% clearing limit. Forestation in other parts of the watershed may be accepted to meet the percentage of forest cover requirements. A conceptual plan for the accomplishment of this requirement is a condition of the golf course approval.

The applicant for conditional use shall submit a proposal for an integrated pest management plan. The plan shall include:

The selection of drought and disease resistant grass species for fairways, tees and grasses.

The use of biological controls instead of chemicals.

Where pesticides are used, selection of those chemicals that are less toxic, less mobile and have a shorter half life.

Strict control over those pesticides in terms of location of applications.

Identification of areas on a site that are particularly susceptible to ground water or surface water contamination.

Conjunctive Residential Use. Nothing herein is intended to prevent the construction of a golf course or a golf club in conjunction with residential uses as permitted in the applicable residential district. All such uses shall meet all of the applicable standards for the residential use districts as set forth in this chapter. Nothing is intended to prevent the area designed for golf course use from being common open space of the residential uses.

Modification of Use. Once an application for conditional use as set forth herein is approved, no alteration, expansion or change in the use or expansion of the buildings or accessory uses of parking areas or roadways and driveways shall be permitted except upon submission pursuant to this chapter as a new conditional use.

Procedures. The applicant seeking approval of the conditional uses as set forth herein shall be subject to the following procedures:

Each applicant shall submit not less than four sets of conditional use development plans setting forth a description of the property in demonstration of compliance with the standards as established herein.

The development plan shall include a statement of the proposed use of the land and shall comply with all sketch plan requirements as set forth in Chapter 22, Subdivision and Land Development. The sketch plan itself shall show the property layout, topographical features, wetlands, floodplains and other environmentally sensitive areas, lot layouts, location of existing and proposed roads, driveways, structures, sewage fields and wells and shall contain an architectural rendition of the exterior of the proposed dwellings.

Upon receipt of the plans, they shall be referred to the Franklin Township Planning Commission, which shall review the plan within two regularly scheduled Planning Commission meetings. The Planning Commission shall submit its comments to the Board of Supervisors upon completion of the review. The applicant may revise the plans pursuant to the recommendation of the Planning Commission.

The applicant shall, within 30 days of the final meeting of the Planning Commission, submit the application and plans for conditional use to the Board of Supervisors requesting a formal conditional use hearing.

A conditional use hearing, a public hearing, shall take place within 30 days of receipt of the application unless otherwise agreed by the applicant and the Township Supervisors.

After the close of the conditional use hearing, the Supervisors shall rule upon the application within 45 days. The approval by the Township Supervisors may be conditioned upon the acceptance of specified changes. If conditions are imposed, the applicant must accept the conditions in writing within 45 days of the receipt of the decision to constitute approval. If the conditions are not accepted, the Township Supervisors shall have 45 days in which to detail the matter in which the applicant fails to meet the standards and criteria for approval. If the application is disapproved, the Supervisors shall detail the manner in which the applicant fails to meet the standards and criteria for approval as set forth in this chapter. If a stenographic record is taken of the conditional use hearings, the close shall take place 45 days after the stenographic record has been lodged with the Township.

In the event the conditional use plan has been given final approval, the zoning regulations otherwise applicable to the land and its uses as shown on the plan which without the conditional use would be contrary to the zoning regulations, such regulations shall not apply. All other sections of this chapter and Chapter 22, Subdivision and Land Development, not specifically addressed in the conditional use hearing shall continue to apply. In the event the conditional use plan or any part thereof which has been approved is subsequently abandoned or in the event the landowner fails to commence the development within five years of the date of approval, no development or further development shall take place on the property in the development plan until after the property is resubmitted for review and approval as if no approval had theretofore taken place.

The approval of the Township Supervisors may be conditioned upon approval or upon approval with conditions accepted after which the application shall be submitted as a preliminary plan according to Chapter 22, Subdivision and Land Development, for review and approval. If, during the course of preliminary or final subdivision or land development approval, it is determined that through an oversight a matter which required conditional use approval was neither submitted or considered by the Board of Supervisors, the applicant may request the Board of Supervisors to reopen the conditional use matter, whereupon the Board of Supervisors shall consider the request of the applicant and shall thereafter make its determination pursuant to the procedures as set forth herein. Upon the application for reconsideration of the conditional use, the applicant shall thereupon stipulate to a tolling of any times required for approval as set forth in § 508 of the Municipalities Planning Code, 53 P.S. § 10508.

Bulk and Area Requirements. Any consideration of a building or accessory use shall be so that the building or use is set back from any roadway or adjacent to residential property no less than 75 feet.

§ 27-1716 Sale of Farm Products.

[Ord. 95-07, 12/14/1995, § 1615]

Applicability. Where the display and sale of farm products are permitted, they will be designed as an accessory use incidental to an agricultural activity.

Standards. The sale and display of farm products shall comply with the following standards:

A minimum of 50% of all farm products shall be grown and produced on the tract for which they are being offered for sale. Products which are processed in any manner prior to sale must be processed on the premises and must contain raw materials (excluding water) grown on the site in an amount equal to at least 50% of the end product's total volume. The Board of Supervisors may, for good cause shown, reduce or waive the minimum raw material requirement by granting the applicant a conditional use permit for a period of one year in accordance with the provisions of § 27-2313. No more than five such conditional use permits shall be used for any one premises or lot.

No more than 1% of a farm tract or four acres, whichever is less, shall be used for the sale of farm products.

Parking space for a minimum of three cars shall be provided on the tract to serve a sales area.

Sale of farm products shall be conducted from a portable stand dismantled at the end of each growing season or from a permanent building under the following conditions:

The sales area shall not exceed 500 square feet of floor area.

Such building shall comply with the established setback requirements of the applicable district.

Additional parking spaces shall be provided outside of the road right-of-way line at a ratio of one space for each 100 square feet of floor area.

§ 27-1717 Multiple-Family Dwellings.

[Ord. 95-07, 12/14/1995, § 1616]

Number of Attached Units. No multiple-family building shall contain more than eight dwelling units.

Building Separation. In order to insure adequate ventilation, natural illumination and access by emergency vehicles, the following separation distances shall be considered as minimum standards:

Building setback from any property lines: 50 feet.

Building setback from parking areas: 25 feet.

Distance between buildings:

Set end to end: 50 feet.

Set face to face: 80 feet.

Design. Multiple-family buildings shall be located in clusters which create common courtyards rather than parallel to one another whenever possible. No more than two multiple-family buildings shall be located in a row. Staggered setbacks of individual units accompanied by a variation in facade design are encouraged so that multiple-family buildings offer variety and reflect the character of the Township. No more than two contiguous units shall have the same facade dimension or style.

§ 27-1718 Winery and Brewery Use Accessory to Agriculture.

[Ord. 95-07, 12/14/1995; as added by Ord. 2009-06, 9/16/2009, § 2; and as amended by Ord. 2011-07, 4/20/2011, §§ 1 — 3; and by Ord. 2016-06, 7/20/2016]

Limited winery and brewery uses, as permitted by the Pennsylvania Liquor Code,[1] shall be permitted by conditional use as accessory and subordinate to agriculture on the same parcel of land which is permitted for and being utilized for agriculture in any zoning district where agriculture is a permitted use. Certain public and retail uses shall be permitted as accessory to a winery or brewery pursuant to the regulations set forth below:

Minimum Producing Crop Requirement:

At least two acres of the lot on which a winery is located shall be planted with a vineyard for the production of grapes or other crop used for the production of wine by the operator of the accessory use.

At least two acres of the lot on which a brewery is located shall be planted with a crop used for the production of malt or brewed beverages by the operator of the accessory use.

A winery or brewery accessory to agriculture shall only be permitted on a parcel containing five or more acres.

Activities Permitted.

After obtaining all necessary zoning, health, firesafety, and building permits and/or licenses, a winery or brewery accessory to agriculture may engage in the following activities:

(a)

Wholesale and retail sales of products permitted to be offered for sale on licensed premises under the Pennsylvania Liquor Code governing limited wineries and breweries.

(b)

Tastings of permitted products.

(c)

Winery or brewery tours.

(d)

Events, which shall include parties, weddings, dinners, receptions, musical performances, educational seminars, meetings, workshops and promotional events.

All outdoor events shall end by 11:00 p.m.

All activities associated with the winery or brewery use, including events, shall comply with all applicable regulations governing limited wineries and breweries pursuant to the Pennsylvania Liquor Code.

Events. A winery or brewery accessory to agriculture shall be permitted to hold indoor and outdoor events in accordance with the following standards:

In order to hold an outdoor event with more than 100 attendees, the parcel on which the winery or brewery accessory to agriculture is located must be a minimum of 10 acres in size. The maximum allowed attendance for an indoor event will be in accordance with applicable maximum occupancy requirements for the building used for the winery or brewery accessory to agriculture use.

No outdoor activity/event or temporary structure associated with an event may be located within 50 feet of any property line. Any outdoor activity/event or temporary structure associated with an event, located less than 100 feet from a property line requires a buffer. The buffer shall be designed to achieve the following:

(a)

A mature height of six feet.

(b)

A visual buffer from any property line within 100 feet.

(c)

A visual buffer during any activities/events yearlong. (Evergreens may be required.)

(d)

Properly designed vines and trellis are allowed.

Parking shall be provided in designated areas that shall be maintained in a mud-free condition. Parking areas may be located within 50 feet of property lines with a vegetative buffer area between the parking areas and any adjacent residential uses and districts. The buffer shall be designed to achieve the following:

(a)

A mature height of four feet.

(b)

A visual buffer from any adjacent property line.

(c)

A visual buffer during any activities/events yearlong. (Evergreens may be required.)

(d)

Properly designed vines and trellis are allowed.

Amplified music is permitted subject to applicable ordinances.

Lighting may be used for events for the duration of the event only and may not shine or produce glare on adjacent properties.

Access.

Any property used for a winery or brewery accessory to agriculture must have frontage on and access to a street or roadway, and the applicant shall demonstrate that safe stopping sight distances at the entrance and exit will meet Pennsylvania Department of Transportation's minimum standards.

Vehicular access shall be sufficient, in the opinion of the Township, to accommodate two-way traffic. Driveways from public roads to parking areas shall have a paved apron at the entrance which is a minimum of 50 feet in length from the edge of the paving. When feasible, the driveway shall be situated to minimize impact of headlights on nearby, existing residences.

Parking. A permanent designated parking area devoted to servicing customers and/or visitors to any winery or brewery accessory to agriculture shall be provided proximate to the building used for a winery or brewery accessory to agriculture. The designated parking area shall have no fewer than 10 parking spaces (unless more shall be required pursuant to § 27-1610, Subsection 2B, of this chapter), all of which shall be improved to a mud-free condition.

Limitation of Use. Any change or expansion of an existing permitted winery or brewery accessory to agriculture use shall only be permitted by conditional use.

[1]

Editor's Note: See 47 P.S. § 1-101 et seq.

§ 27-1719 Chickens.

[Added by Ord. 2016-01, 1/20/2016]

Chickens, as outdoor pets, may be kept in all zoning districts.

The minimum lot size to keep and/or raise chickens shall be 30,000 square feet.

A maximum number of 10 chickens may be permitted on lots containing 30,000 square feet and up to two acres in size. For each additional acre of land, five additional chickens shall be permitted.

No chickens shall be kept or raised if the subject property is being rented unless written permission from the record owner is presented.

The maximum number of chickens that may be kept as pets on any property, regardless of lot size, is 50.

All chicken coops/runs that exceed 200 square feet shall require a zoning permit.

All chicken coops, including those that do not require a zoning permit, and manure storage areas shall comply with the setbacks for accessory structures of the underlying zoning district.

Manure shall be removed from or spread on the property a minimum of once every six months.

Coops shall be provided for all chickens and shall contain at least two square feet of area per chicken.

Run areas shall be provided for all chickens and shall contain/provide at least 10 square feet per chicken.

Chickens shall be kept on the subject property at all times.

12.

No roosters are permitted unless the underlying lot area exceeds five acres.

13.

All feed used for chickens shall be kept in rodentproof containers.

14.

All coops, fenced run areas, etc., shall be maintained in good condition at all times while chickens are being kept.

§ 27-1720 Design Standards for Normal Agricultural Operations.

[Added by Ord. 2016-02, 4/20/2016]

Notwithstanding any contrary or conflicting provisions in this chapter, the design standards applicable to normal agricultural operations with respect to setbacks, lot coverage and other area and bulk requirements, with respect to natural resource protection, and with respect to environmental impacts, shall be governed exclusively, and as applicable, by the Department of Environmental Protection's Solid Waste Management Act,[1] the Clean Streams Law[2] statutory and regulatory requirements, the State Conservation Commission's Nutrient and Odor Management Act[3] and regulations, and the best practice manuals and technical guides incorporated within those regulatory schemes thereunder, as the same may be amended or updated from time to time.

[1]

Editor's Note: See 35 P.S. § 6018.101 et seq.

[2]

Editor's Note: See 35 P.S. § 691.1 et seq.

[3]

Editor's Note: See 3 Pa.C.S.A. § 501 et seq.

In addition to the state statutory and regulatory design standards and best management practices, a normal agricultural operation shall also comply with the following standards for structures.

Parking requirements as follows:

Primary agricultural use: one space per employee.