[Ord. 2002-06, 11/11/2002, § 1701]
Unless otherwise noted, the following provisions are applicable
to all districts, in addition to the standards of the applicable zoning
districts.
[Ord. 2002-06, 11/11/2002, § 1702; as amended by
Ord. 2009-08, 12/22/2009, § 1; by Ord. No. 2023-02, 3/28/2023]
1.
Uses Accessory to Agriculture. The following uses shall be permitted
when incidental and subordinate to an agricultural use, and when located
on the same lot or tract as the principal use:
2.
Uses Accessory to Residential Use. The following uses shall be permitted
when incidental and subordinate to an existing residential use, and
when located on the same lot or land as the principal use:
A.
Private garage, storage shed, off-street parking or driveway.
B.
Private swimming pool, bathhouse, tennis court, or other recreation
facility.
C.
Solar collection system or other alternative energy system.
D.
Private greenhouse.
G.
Patio deck or gazebo for passive outdoor use.
I.
The keeping of large domestic animals as pets (all animals below
with the exception of dogs, cats and chickens), provided the lot housing
such animals shall have a minimum lot area of two acres including
the house and all other improvements upon the property. The minimum
lot area for the keeping of domesticated chickens shall be 1/2 acre.
(1)
For large domestic animals, all shelters shall be at least 100
feet from any property line. For domesticated chickens, chicken runs,
pens, henhouses and chicken coops must be set back from all adjacent
residential dwelling units not occupied by the applicant by not less
than 75 feet and from any lot line by 50 feet.
(2)
All pastures, chicken runs or pens and grazing areas must be
fenced and located in side or rear yards.
(3)
All pasture and grazing areas shall be subject to the following
space requirements as defined by the Cooperative Extension Service
of Penn State University for various species of animals:
(a)
Sheep, Pigs and Goats. A minimum of 1/2 acre per three mature
pigs, sheep or goats or six lambs.
(b)
Chickens. Four chickens shall be permitted on the first 1/2
acre. One additional chicken shall be permitted for each additional
1/4 acre, up to a maximum of 20 chickens per property.
(c)
Cattle. A minimum of one acre for the first animal and increased
1/2 of an acre for each additional animal.
(d)
Horses or Llamas. A minimum of one acre for the first horse
and increased 1/2 of an acre for each additional horse.
(4)
No uncovered manure storage shall be permitted within 125 feet
uphill of any lot line, stream, or well. No manure storage shall be
permitted within 100 feet of any adjacent residence not occupied by
the applicant and not less than 50 feet from any lot line. All manure
must be stored in a noncombustible container. Applicant shall maintain
a written waste storage, removal and management plan.
(5)
No manure may be stored within a stormwater swale or drainage
way.
(6)
All permanent shelters shall be designed for ease of manure
removal and handling.
(7)
All pasture for large animals must consist of well-maintained
grass. Muddy or dusty, denuded areas shall be stabilized to prevent
erosion and unsightliness.
(8)
Lots shall be graded so that animal wastes are confined, stored,
or disposed of within the lot on which they originate, and are not
directed to the Flood Hazard District.
(9)
The keeping of animals as set forth in this Section is limited to
noncommercial use, with the exception of incidental sale of eggs or
milk (less than $1,000 per year).
(10)
With respect to the keeping of domesticated chickens, the following
additional provisions shall apply:
(a)
No roosters shall be permitted.
(b)
Odor from the chicken manure and related substances shall not be
perceptible at the property line.
(c)
Chickens must be contained on the property.
(d)
Chickens are not permitted in mobile home parks or on properties
containing multifamily dwelling units.
(e)
Chicken coops and henhouses used under this provision shall be enclosed
and predator-resistant. They shall be constructed of durable materials
and maintained to prevent the entry of predators or the escape of
chickens. A barrier to prevent burrowing shall be installed across
the horizontal at-grade area of not less than one foot in depth along
the interior or exterior perimeter of the run or pen.
(f)
The henhouse and coop shall provide not less than three square feet
per chicken. The chicken run or pen shall provide an area of not less
than four square feet per chicken.
(g)
The slaughtering of any chickens shall be conducted in a fully-enclosed
structure. All deceased animals shall be promptly disposed of.
(h)
A landowner shall obtain a zoning permit from the Township Zoning Officer prior to commencing the keeping of chickens as a residential accessory use. The applicant shall include all materials necessary to establish compliance with the provisions of this Section. To the extent that an applicant does not comply with this Section or the conditions of any permit, the permit is subject to suspension or revocation, in addition to any zoning enforcement under Section 27-2101.
(11)
Nothing herein shall be construed or interpreted in a manner inconsistent
with any state law, rule or regulation that is deemed to be preemptive
of municipal regulation. To the extent of an inconsistency between
this Section and current or future applicable, preemptive state law,
rule or regulation, such state laws, rules or regulations shall control
and an applicant shall establish compliance with the same.
[Ord. 2002-06, 11/11/2002, § 1703; as amended by
Ord. 2003-01, 2/27/2003, § 3]
1.
The following provisions shall apply to all agricultural uses:
A.
Agricultural uses shall be permitted as follows.
(1)
The minimum lot size shall be 10 acres, except in the Rural
Agricultural District where the minimum lot size for agricultural
use is 20 acres.
(2)
Agricultural buildings shall be set back a minimum of the following
distances from any lot boundary:
(3)
All pasture areas shall be fenced to prevent unwanted trespass
or wandering of cattle and other pasture animals.
(4)
Animal wastes shall be confined, stored, or disposed of within
the lot on which they originate, and are not directed to the Flood
Hazard District and shall be a minimum of 125 feet from any property
line. Animal waste may be used off-site of the origin site if a long-term
disposal program is provided compliant with other regulations as provided
by state and federal agencies.
B.
Sale of Agricultural Products. The display and sale of agricultural
products shall be permitted from a temporary stand dismantled and
removed at the end of the growing season or from a permanent building
provided that:
(1)
At least 50% of such products for sale shall be produced on
the agricultural land contiguous to said stand or buildings.
(2)
A permanent stand or building shall be located at least 30 feet
from any street or ultimate right-of-way line.
(3)
A temporary stand shall be located at least 15 feet from any
street or existing right-of-way line.
(4)
A minimum of three parking spaces, or one space for each 300
square feet of building floor area, whichever is greater, shall be
provided behind the street right-of-way line.
(5)
Any sales, displays, or parking area shall be at least 75 feet
from a side or rear yard lot line.
C.
Nonintensive Agricultural Uses. Nonintensive agricultural uses and
customary buildings associated with nonintensive agricultural uses
shall be in accordance with the following standards:
(1)
The keeping of farm animals, exclusive of customary household
pets and except as otherwise permitted in this section for the keeping
of livestock accessory to a residential use, shall not be permitted
on lots of less than five acres in size. Such preexisting lots created
prior to the effective date of this chapter shall be considered nonconforming
lots.
(2)
No slaughtering operations for commercial purposes shall be
permitted.
(3)
Commercials piggeries shall not be permitted as part of a nonintensive
agricultural use.
D.
Intensive Agricultural Uses. Intensive agricultural uses and customary
buildings associated with intensive agricultural uses shall be in
accordance with the following standards:
(1)
Agricultural buildings or structures housing mushrooms, poultry,
hogs, or other livestock; accessory mushroom composting, feed lots,
or other odor or dust producing activities shall be set back, a minimum
of 200 feet from any lot boundary or stream.
(2)
Land area used for feed lots shall be fenced and shall be graded
so tint animal wastes and surface runoff are confined to the lot on
which they originate, are not directed to any floodplain area, streams,
wetlands, or other bodies of water.
E.
Dwellings for Farm Employees and Their Families. Dwellings for a
farm employee and his or her family shall be permitted as a use accessory
to agriculture subject to the following restrictions and conditions:
(1)
At least one family member shall be employed on the subject
farm, on a full-time basis.
(2)
The applicant shall furnish evidence that an approved means
of sewage disposal and a potable water supply either exist or the
Chester County Health Department has issued permits for their installation.
(3)
Any dwelling(s) provided for farm employees and their families
shall be calculated as one or more of the dwellings that are allowed
under the applicable density for the zoning district in which the
farm lies.
(4)
Since this zoning provision will not require that the lot for
the dwelling(s) be subdivided, the site plan for such dwelling(s)
shall provide for the following minimum criteria:
(a)
The dwelling unit or the building of which the dwelling unit
is apart shall be so located that it may in the future be subdivided
from the farm of which it is a part without violation of any front,
side or rear yard restrictions or any other area, bulk or setback
restriction.
(b)
There shall be a conservation plan prepared in accordance with the applicable section(s) of the East Fallowfield Township Subdivision and Land Development Ordinance [Chapter 22]. Provided; however, the Zoning Officer shall limit the conservation plan to show only those elements thereof which must be addressed by reason of the construction and use contemplated and nothing herein contained shall be construed to require a conservation plan for areas unaffected by construction of the accessory dwelling unit.
(c)
There shall be a minimum tract size in accordance with other
listed criteria appropriate to the agricultural use for the zoning
district which the farm lies that shall dictate the number of farm
employee residences allowed under this section.
|
Tract Size/District
|
Limit/No. of Dwellings
|
|---|---|
|
20 acres/RA
|
1 per each 20 acres and maximum of 5 per tract
|
|
10 acres/R-1, R-2, R-3
|
1 per each 10 acres and maximum* of 3 per tract
|
|
*Maximum based on each 50 acres' gross tract area.
| |
[Ord. 2002-06, 11/11/2002, § 1704]
1.
Establishment of an automotive service station shall be in accordance
with the following standards:
A.
A minimum lot width of not less than 200 feet shall be provided along
each street on which access is proposed. This requirement shall not
apply to facilities solely providing repair services, in which case
the required width of the underlying district shall apply.
B.
Access shall be set back at least 50 feet from the intersection of
any street.
C.
Fuel pumps shall be at least 25 feet from any street right-of-way.
D.
All automotive parts, refuse, and similar articles shall be stored
within a building or enclosed area.
E.
All automotive repair or service activities, except those performed
at fuel pumps, shall take place within a completely enclosed building.
F.
Vehicles waiting for repairs shall not be stored outdoors for more
than 10 days. Junk vehicles may not be stored in the open at any time.
[Ord. 2002-06, 11/11/2002, § 1705]
1.
The following standards shall apply to the operation of any bed and
breakfast facility when permitted by this chapter.
A.
A bed and breakfast facility shall be permitted only in single-family
detached, owner-occupied dwellings and the exterior of the residence
of accessory structure shall have an appearance no different than
if there were no home occupation conducted inside.
B.
The principal use of the property shall remain that of a single-family
residential dwelling.
C.
No more than four guest rooms may be offered on any individual residential
property.
D.
There shall be provided one full bathroom (one lavatory, water closet,
bath/shower) for each two guest rooms.
E.
Any amenities (swimming pool, tennis court, etc.) shall be solely
for the use of the resident owner and bed and breakfast guests.
F.
The owner shall maintain a current guest registration, which shall
be subject to inspection by the Zoning Officer.
G.
Area and bulk standards shall be those that apply to single-family
detached dwelling within the applicable zoning district.
H.
One on-site parking space shall be provided per guest room and shall
not be located in any required yard area.
I.
One sign shall be permitted in association with a bed and breakfast operation. Any such sign shall be in conformance with standards for home occupation signs in Part 16.
J.
Each bed and breakfast facility shall be equipped at minimum with
the following:
(1)
One smoke detector in each rental room.
(2)
One fire extinguisher on each floor.
(3)
A hard wired fire resistant fire alarm system, exit lights, exit plans, and adequate fire extinguishing equipment to the satisfaction and within approval of the Township Fire Marshal, and additionally, the system shall be in compliance with the applicable Township Building Code [Chapter 5, Part 1], that the emergency exit plans shall be posted in plain view, and that there be periodic emergency drills by the owners and the then residents.
K.
If cooking is done on the premises, the bed and breakfast shall be
required to be licensed by the Chester County Health Department.
[Ord. 2002-06, 11/11/2002, § 1706]
1.
Commercial camping facilities where permitted in this chapter are
subject to the following conditions:
A.
General Conditions.
(1)
Campgrounds shall hive a minimum net lot size of 25 acres.
(2)
Campsite Density and Area. The net density of campsites in a
campground shall not exceed six campsites per net acre including service
roads and buildings. Each campsite will contain an area of at least
1,500 square feet. A minimum of 75% of the tract shall remain in open
space and recreation facilities only.
(3)
Setback From Property Lines. No campsites shall be less than
200 feet from a from any property line.
B.
Improvements.
(1)
Water Supply and Distribution. A supply of potable water meeting
the Chester County Health Department standards with a total capacity
of at least 100 gallons per campsite per day at a usable pressure
shall be provided at locations not exceeding 600 feet from any campsite.
(2)
Sanitary facilities, lavatories, and showers will comply to
the standards of the Chester County Health Department and the Pennsylvania
Department of Environmental Protection regulations as set forth in
Title 25, Pa. Code.
(3)
Sanitary facilities, lavatories, and showers will be subject
to inspection by the Chester County Health Department.
[Ord. 2002-06, 11/11/2002, § 1707]
1.
The following standards shall apply to the establishment of any cemetery
when permitted by this chapter:
A.
All cemeteries except those on the same lot as a church shall be
no less than 10 acres in size.
B.
Landscaping and ground cover shall be required and properly maintained
at all times. A master plan exhibiting perpetual care arrangements
shall be submitted to the Township.
C.
No buildings other than those directly associated with the cemetery,
such as maintenance sheds, a caretaker's house, chapel, and mausoleums
shall be permitted. Such buildings shall be no closer than 200 feet
to any lot line or public street.
D.
Markers and burial plots shall be set back at least 50 feet from
any lot line or public sheet right-of-way.
E.
An application for cemetery use shall include the following:
F.
A crematorium shall not be an accessory use to a cemetery.
[Ord. 2002-06, 11/11/2002, § 1708]
1.
The following standards shall apply to the establishment of a church
and religious institution when permitted by this chapter:
[Ord. 2002-06, 11/11/2002, § 1709]
1.
The following provisions shall apply to all commercial greenhouses
where permitted by this chapter:
A.
All structures used for greenhouse use shall observe minimum setback
requirements established by the Commercial Zoning District.
B.
Storage of bedding and plant materials shall be located a minimum
of 50 feet from all property lines or road rights-of-way.
C.
For the purpose of calculating required off-sheet parking facilities,
only the floor area devoted to sales need to be included.
D.
All greenhouse structures shall be included in the lot and building
coverage calculations.
[Ord. 2002-06, 11/11/2002, § 1710]
1.
The following provisions shall apply to all convenience stores where
permitted by this chapter.
A.
Access shall be controlled and defined by the use of concrete curbing. There shall be no more than one point of ingress and one point egress onto each street on which the lot abuts. Access points shall otherwise be designed in accordance with the access and traffic control provisions of § 27-1804.
B.
The establishment shall have access to either a collector or arterial
as defined in the Township Comprehensive Plan.
C.
When proposed in conjunction with an automotive service station; the relevant requirements of § 27-1704 shall apply. In addition, adequate distance shall be provided between the store parking area and fuel pump island stacking lanes to prevent conflicts with calculation and parking patterns.
D.
Sales and storage of merchandise, other than fuel, shall be limited
to inside the convenience store.
E.
Parking shall be provided in conformance with the parking standards of § 27-1806 for a convenience store, plus the parking and stacking requirements for an automotive service station where fuel pumps are also proposed.
G.
A trash storage area shall be provided which is screened from the
street and adjacent properties to prevent trash from blowing from
the area and to permit safe and easy trash removal. In addition, trash
receptacles shall be provided outside of a restaurant for patron use,
but shall no be located net any adjacent residential properties.
[Ord. 2002-06, 11/11/2002, § 1711; amended by Ord.
No. 2018-01, 7/24/2018]
1.
The following standards shall apply to all day care centers where
permitted by this chapter:
A.
The minimum lot area for a day-care center shall be one acre, or
the minimum lot area required by the underlying zoning district, whichever
is greater.
B.
With respect to day-care centers serving children (individuals under
the age of 18):
(1)
There shall be an indoor play area of 50 square feet per child
and an outdoor play area of 100 square feet per child provided.
(2)
Outside play shall be limited to the hours of daylight.
(3)
The outdoor play area shall be fenced on all sides and shall
not include driveways, parking areas, or land unsuited by other uses
or natural features for active play area. Fencing shall be a minimum
height of four feet.
C.
Operation of the facility shall be limited to the hours between 6:00
a.m. and 9:00 p.m.
D.
A minimum of three off-street parking spaces shall be provided for
every 1,000 square feet of floor area. An area for the discharge and
pick-up of children shall be provided, which is removed from both
the parking and ingress/egress for the site.
E.
The facility shall be licensed by the applicable department(s) of
the Commonwealth of Pennsylvania and their regulations. Applicant
shall provide the Township with copies of all required state agency
approvals and permits, upon applicant's receipt thereof.
[Ord. 2002-06, 11/11/2002, § 1712; as amended by
Ord. 2009-08, 12/22/2009, § 2]
1.
The following provisions shall apply where home occupations are permitted
by this chapter:
A.
No-Impact Home-Based Businesses. As defined, in § 27-201 of this chapter, no-impact home-based businesses shall be permitted by right in each residential district subject to the following conditions:
(1)
The business activity shall be compatible with the residential
use of the property and surrounding residential uses.
(2)
The business shall employ no employees other than family members
residing in the dwelling.
(3)
There own be no display or sale of retail goods and no stockpiling
or inventory of a substantial nature.
(4)
There shall be no outside appearance of a business use including,
but not limited to, parking, signs or lights.
(5)
The business activity may not use any equipment or process which creates noise, vibration, glare, fumes, odors, or electrical or electronic interference, including interference with radio or television reception, which is detectable beyond that allowed under § 27-1810 of this chapter.
(6)
The business activity may not generate any solid waste or sewage
discharge, in volume or type, which is not normally associated with
a permitted residential use.
(7)
The business activity shall be conducted only within the dwelling
and may not occupy more than 25% of the habitable floor area.
(8)
The business activity shall otherwise comply with all other
local, state, and federal laws and regulations.
B.
Home Occupations. As differentiated from no-impact home-based businesses,
home occupations, where permitted, are subject to the following standards.
(1)
Only single-family detached dwellings are permitted to contain
home occupations.
(2)
Home occupations may include, but shall not be limited to, such
activities as the professional practice of medicine, law, engineering,
architecture, real estate, insurance, computer science and its application,
and such other occupations as dressmaking; military, and similar handicrafts.
(3)
The principal operator of the borne occupation shall be a resident
of the dwelling except that two persons not residing on the premises
may be employed at a maximum of 50 hours per week per person.
(4)
A home occupation shall occupy no more than 25% of the total
floor area of the dwelling unit, or 750 square feet of floor area;
whichever is less.
(5)
The exterior of the residence or accessory structure shall have
an appearance no different than if there were no home occupation conducted
inside.
(6)
The use shall not omit noise, odors, or light which is noticeable
at the property line.
(7)
A minimum of two off-street parking spaces shall be provided
in addition to the required number for a residence.
(8)
No storage or display of goods shall take place out-of-doors.
No interior display of goods shall be visible from the outside of
the dwelling or accessory structure.
C.
Day Care Home. As defined in § 27-201 of this chapter, a day care home shall be permitted when incidental and subordinate to an existing residential use, and when located on the same land as the principal use, subject to the following conditions:
(1)
Only single family detached dwellings are permitted to contain
a day care home.
(2)
The principal operator of the day care home shall be a resident
of the dwelling except that two persons not residing on the premises
may be employed at a maximum of 50 hours per week per person.
(3)
A day care home shall occupy no more than 25% of the total floor
area of the dwelling unit, or 750 square feet of floor area; whichever
is less.
(4)
The exterior of the residence shall have an appearance no different
than if there were no day care home conducted inside.
(5)
The use shall not emit noise which violates the performance standards of § 27-1810 of this chapter.
(6)
A minimum of two off-street parking spaces shall be provided
in addition to the required number for a residence. An area for the
discharge and pick-up of children shall be provided, which is removed
from both the parking and ingress/egress for the site.
(7)
No storage or display of moveable play equipment or materials
shall take place out-of-doors expect during daylight hours.
(8)
There shall be an outdoor play area of 100 square feet per child,
subject to the following requirements:
(a)
Outside play shall be limited to the hours of daylight.
(b)
The outdoor play area shall be fenced on all sides and shall
not include driveways, parking areas or land unsuited by other uses
or natural features for active play area.
(c)
Fencing shall be a minimum height of four feet.
(d)
The play area shall be setback no further forward than the rear
setback line of the dwelling.
(9)
There shall be an indoor play area of 50 square feet per child.
(10)
The day care home shall meet all of the requirements of 34 Pa.
Code § 403.23(b) applicable for a day care facility that
is an R-3 occupancy which provides day care services to four to six
children.
(11)
The day care home shall be licensed under 55 Pa. Code, Chapter
3290, relating to family child day care homes, and any other applicable
state regulation.
[Ord. 2002-06, 11/11/2002, § 1713]
1.
The following provisions shall apply to all hospitals where permitted
by this chapter.
A.
The minimum lot area for a hospital shall be 10 acres. The minimum
lot area for a medical center shall be governed by the minimum requirements
of the respective zoning district.
B.
The principal access to a hospital or medical center shall be directly
from a collector or arterial road as designated by the Township Comprehensive
Plan.
C.
All buildings and structures associated with a hospital shall be
set back a minimum of 100 feet from any property line. All buildings
and structures associated with a medical center shall comply with
the minimum requirements of the respective zoning district.
E.
An application for hospital or medical center shall include a master
plan which indicated the location, type and size of, buildings, parking,
utilities, and landscaping.
F.
A waste disposal plan approved by the Township. Said plan shall demonstrate
compliance with all applicable standards for disposal of medical waste
and the Solid Waste Management Act, 35 P.S. §§ 6018.101
et seq.
[Ord. 2002-06, 11/11/2002, § 1714; amended by Ord.
No. 2018-02, 7/24/2018]
1.
An accessory shooting range (being accessory to a single-family dwelling
unit or working farm) are permitted subject to the requirements that:
A.
If an outdoor shooting range is proposed, the property shall be a
minimum of 10 acres;
B.
If an outdoor shooting range is proposed, the range must be setback
a minimum of 50 feet from the tract boundary;
D.
Hours of operation shall be limited to 8:00 a.m. to dusk.
E.
The range shall be designed such that the discharge of a firearm
will not occur onto, across, or within 50 yards of a public road;
into or within the "safety zone," the dimensions of which are defined
at 34 Pa.C.S.A. 2505(c), as may be amended; or from, onto, or across
public or private property without the owner or occupant's prior written
consent.
2.
General Shooting Range (Commercial).
A.
General shooting ranges shall be permitted by conditional use in
the RA Rural Agricultural, MU Multi-Use and O-I Office-Industrial
Zoning Districts, subject to:
(2)
Parking: Off-street parking shall be provided at the rate of
one space per shooting position;
(3)
All components of the shooting range (except for the required
parking) shall be set back a minimum of 500 feet from the property
line, and all public rights of way;
(4)
To the extent that the shooting range is outdoor, an earthen
mound, not less than 10 feet in height, shall be constructed along
the downrange side of the shooting range, and along the right and
left sides of the same, except as more stringent requirements are
imposed pursuant to the Department of Energy Range Design Criteria
set forth above;
(5)
To the extent that the shooting range is outdoor, it shall be
enclosed in a six-foot-high, nonclimbable fence to prevent unauthorized
entry;
(6)
Hours of Operation: Outdoor shooting ranges shall not be permitted
to operate before 8:00 a.m. or after dusk, while indoor shooting ranges
after shall not be permitted to operate before 8:00 a.m. or after
10:30 p.m., except as the Board of Supervisors otherwise establishes
during the conditional use process in order to mitigate the impact
of the shooting range on neighboring properties;
(7)
The storage of live ammunition shall only be permitted in approved,
secure vaults;
(8)
Exterior lighting, other than for the safety of users, is prohibited.
All exterior lighting must be shielded from view of all adjacent properties.
(9)
Applicant shall submit a plan for review by the Township's Police
Chief of the proposed design and safety measures associated with the
range.
3.
Hunt Club or Hunting Lodge.
A.
Area and bulk regulations as specified in § 27-403 shall apply, except as more stringent area and bulk regulations are set forth in the underlying zoning district;
B.
A hunt club, hunting lodge, or shooting range may not contain overnight
facilities for more than 16 persons.
C.
A hunt club or hunting lodge must have at least one parking space
per two beds. A shooting range shall have a minimum of one parking
space per each station.
D.
Exterior lighting, other than for the safety of users, is prohibited.
All exterior lighting must be shielded from view of all adjacent properties.
[Ord. 2002-06, 11/11/2002, § 1715]
1.
A junkyard or salvage yard operation shall comply with the following
standards:
A.
The tract serving as a junkyard shall contain a minimum of 10 contiguous
acres undivided by streets, streams, or rights-of-way. No part of
the operation shall be located with a Flood Hazard District or located
such that contaminants from the operation can seep or flow into a
stream or other body of water.
B.
Where a junkyard is located on a property which is adjacent to a
residential district or use, there shall be a setback from the district
boundary of at least 100 feet.
C.
The tract serving as a junkyard shall be located on lands with less
than 15% slope.
D.
The maximum lot coverage including storage, buildings, and structures
shall not exceed 70%.
E.
The area where junk and any other material is stored outside shall be enclosed with a wall or fence, at least eight feet in height and which is designed and constructed so as to be at least 90% solid or opaque. An effective year-round screen shall be provided consistent with the buffering requirements of § 27-1808.
F.
Storage piles shall not exceed eight feet in height within 50 feet
of the screening or fence line. Junk shall be permitted to be piled
not exceeding 10 feet in the remaining area of the junkyard. No more
than two adjoining rows of junked cars shall be stored together.
G.
There shall be provided at least a fourteen-foot wide accessway which
shall be clear and free at all times to provide for access to all
parts of the premises for firefighting and other safety or emergency
purposes.
H.
Waste generated by the salvage or junkyard operation shall be managed
in accordance with all applicable Township ordinances and federal
and state regulations including the Solid Waste Management Act, 35
P.S. § 6018.101 et seq., the Clean Streams Law, 35 P.S.
§ 691.1 et seq., and the Air Pollution Control Act, 35 P.S.
§ 4001 et seq., of the Commonwealth of Pennsylvania.
(1)
Automotive fluids (including gasoline, oil, antifreeze, brake,
transmission fluids, and similar fluids), Freon, and other flammable
or toxic substances shall be removed from any junk or other items
stored on the premises and shall be containerized and stored. Such
materials shall not be released into the air or deposited on or into
the ground or watercourses and shall be transported and disposed of
or recycled in accordance with applicable state and federal regulations.
(2)
Automotive batteries shall be removed from junked vehicles and
properly stored until they are disposed of or recycled.
(3)
Removal of such fluids, batteries, and other hazardous materials
shall take place on an impervious surface where they can be properly
contained without danger of spilling or being transported into the
ground.
I.
No junk or other material shall be burned on the premises. Each junkyard
shall have available in proper working condition equipment that will
control, contain, and suppress fires or other hazards, in compliance
with the recommendations of the Township Fire Marshal.
J.
Tire storage piles shall not exceed 200 tires. In addition, when
whole or processed tires are stored outdoors, each waste tire pile
shall meet the following requirements:
(1)
Piles shall not cover a surface area of greater than 1,000 square
feet.
(2)
Corridors of at least 35 feet in width shall be maintained as
firebreaks on all sides of the piles. No point in the pile shall be
more than 25 feet from a firebreak. Firebreaks shall be kept free
from obstructions that could limit access in the event of an emergency
and vegetation shall be maintained below six inches.
K.
No garbage or other organic waste liable to give off a foul odor
or to attract vermin or insects shall be kept on the premises.
L.
All junk, including tires, shall be stored or arranged to prevent
accumulation of water. Outdoor storage shall be conducted to control
mosquito propagation during warm weather. Controls may include use
of tarps, indoor storage screens or spraying.
M.
Prior to issuing of a zoning permit by the Zoning Officer, the applicant
shall provide sufficient information for the Zoning Officer to determine
that all applicable federal, state, county, and Township requirements
and regulations can be met by the proposed operation. Prior to the
issuance of the permit, the applicant shall also provide evidence
that all applicable conditions set by the Board of Supervisors during
the conditional use approval process have been met.
N.
A stormwater management plan and erosion and sedimentation control plan shall be submitted as part of the land development application for a junkyard in accordance with the Township Subdivision and Land Development Ordinance [Chapter 22].
O.
The permittee shall allow inspection of the business premises by
the Township or its appointed representative at any reasonable time.
[Ord. 2002-06, 11/11/2002, § 1716]
1.
The following provisions shall apply to all kennels where permitted:
A.
Each kennel shall have all outdoor exercise yards entirely fenced
to prevent animals from leaving the property.
B.
Exercise yards shall be setback a minimum of 100 feet from all lot
lines and screened with materials suitable to reduce noise from outdoor
animals.
C.
All buildings and structures associated with a kennel shall be sound
insulated. All buildings and structures shall comply with district
setback requirements.
D.
The sale of related products shall remain accessory to the kennel,
and shall occupy no more than 25% of the floor area of the principal
building.
E.
There shall be no outdoor storage of materials unless fully screened from adjoining properties in accordance with § 27-1808 of this chapter.
F.
The minimum lot area shall be two acres for each kennel.
G.
All kennels shall be subject to the provisions of the Pennsylvania
Dog Enforcement Bureau.
[Ord. 2002-06, 11/11/2002, § 1717]
1.
It is the intent of this section to offer a site design alternative
that can assist in preserving sensitive natural resources such as
streams, groundwater, floodplains, wet soils, wetlands, moderate to
steep slopes, young and mature woodlands, and wildlife habitat areas;
encourage cost-effective, flexible, and environmentally-sensitive
site planning; protect the existing aesthetics of the Township by
reducing the visual intrusiveness of the new residential uses; and
provide a means by which to attain the goals and objectives of the
East Fallowfield Township Comprehensive Plan (1999) relative to orderly
growth and enhancement of environmental resources.
A.
Maximum Density. The maximum number of lots created on a tract under
the lot-averaging option shall be no more than that for which the
tract would be eligible under terms of the base zoning in the R-1
District.
C.
The applicant shall prepare and submit to the Township an Environmental Impact Assessment (EIA) in accordance with § 27-1814 demonstrating how the tract warrants use of flexibility in design under this section.
D.
Area and Bulk Regulations. The following regulations shall be applicable
to subdivisions utilizing the lot-averaging option:
|
Maximum tract size (gross area)
|
30 acres
|
|
Minimum lot area
|
60,000 square feet
|
|
Minimum lot width (at setback line)
|
175 feet
|
|
Minimum lot width (at street line)
|
75 feet
|
|
Minimum front yard setback
|
50 feet
|
|
Side yards setback (aggregate)
|
60 feet
|
|
Side yards setback (individual)
|
25 feet
|
|
Rear yard setback
|
50 feet
|
|
Lot coverage (impervious surface)
|
10%
|
E.
General Controls.
(1)
No lot of such size as to be capable of further subdivision
under the district regulations shall be included in determining the
average lot area unless the possibility of such further subdivision
is eliminated by a deed restriction or agreement in a form acceptable
to the Board of Supervisors and Solicitor and duly recorded in the
office of the Recorder of Deeds of Chester County.
(2)
For the purposes of determining the average lot size in a subdivision
created pursuant to this section, any lot in excess of three acres
shall be considered a three-acre lot.
(3)
Where the minimum lot size is proposed, said lots shall not
contain floodplain, wetland, or slope in excess of 25%, and shall
be documented as suitable for supporting a conventional on-lot sewage
treatment system and replacement field area.
(4)
The tract of land to be developed shall be in one ownership
or shall be the subject of an application filed jointly by the owners
of the entire tract, and it shall be agreed that the tract shall commence
development within six months under single direction and in the manner
approved.
(5)
The site shall be suitable for development in the manner proposed without hazards to persons or property, on or off the site, due to flooding, erosion, subsidence or sloping of the soil, or other dangers or inconvenience. Conditions of soil, groundwater level, drainage, and topography shall be compatible with the proposed site design. Environmental features, as inventoried per the requirements of § 27-1814, shall be considered and conserved to the maximum extent possible.
(6)
Site planning, including layout of streets and lots, shall be,
in the judgment of the Board of Supervisors, in compliance with the
purposes and standards of this section. Each lot created shall be
essentially regular in shape, such that the largest side is no more
than three times the shortest side if generally rectangular in shape,
or no more than one and one-quarter times the shortest side if the
area is generally triangular in shape.
[Ord. 2002-06, 11/11/2002, § 1718]
1.
Mini-warehouses shall be in accordance with the following standards:
A.
The minimum required tract area for a mini-warehouse use shall be
four acres.
B.
Access shall be from a collector or arterial street as defined by
the East Fallowfield Township Comprehensive Plan (1999).
C.
The minimum aisle width between buildings shall be 20 feet.
D.
The use shall be subject to review by Township police and fire officials regarding security and fire protection. Lighting shall be in compliance with the requirements of § 27-1809 of this chapter.
E.
Storage of explosive, radioactive, toxic, highly flammable, or otherwise
hazardous materials shall be prohibited.
F.
No business activity other than leasing of storage units shall be
conducted on the premises.
G.
Except as noted in Subsection 1H below, all storage shall be within closed buildings built on a permanent foundation of durable materials. Trailers, box cars, or similar impermanent or movable structures shall not be used for storage.
H.
Outdoor storage shall comply with the following requirements:
(1)
Outdoor storage of automobiles, boats, and recreation vehicles
is permitted provided they are screened so as not to be visible from
adjacent streets, residential uses, or residentially zoned land.
(2)
A maximum of 20% of the total site area may be used for such
outdoor storage.
(3)
Stored vehicles shall not interfere with traffic movement though
the complex.
[Ord. 2002-06, 11/11/2002, § 1719]
1.
A nursing home, life care facility, or retirement community is a
form of residential use designed and operated for mature adults, which
meets the definition of "housing for older person" as set forth in
the Fair Housing Act Amendments Act of 1988, as amended, 42 U.S.C.
§ 3601 et seq., that may include one or any combination
of nursing home, life care facility, or retirement community as follows:
A.
A life care facility is a form of residential use designed and operated
for older adults, of 55 years of age or older, containing certain
support facilities including a combination of a senior center, independent
living, personal care, and/or acute care.
B.
A retirement community may provide a combination of individual dwelling
units in any combination of single-family, two-family, townhouse,
or multifamily buildings and may include a community center consisting
of one or more buildings in which accessory uses may be permitted,
but no nursing facility.
C.
A nursing home is a facility providing bed care, such as skilled
care (requiring state licensing) for persons who, by reasons of illness,
physical infirmity or age, are unable to properly care for themselves.
2.
A nursing home, life care facility, or retirement community shall
be permitted when in accordance with the following standards:
A.
The tract of land on which the use is conducted shall, in its entirety,
be owned and operated under single or common managements.
B.
The minimum tract size shall be 10 acres.
C.
Maximum building coverage shall be 40% and maximum lot coverage shall
be 50%.
D.
Wheelchair access to all dwelling units and community facilities,
in accordance with the Americans with Disabilities Act of 1990, 42
U.S.C. § 12101 et seq., shall be provided in the design
of structures, pedestrian walkways and parking lots. Where practical
and desirable, buildings shall be interconnected by means of a covered
or enclosed walkways.
E.
Location, design, and layout of buildings or dwelling units shall
be so designed to ensure open space and privacy.
F.
A minimum building setback from the entire tract perimeter of 25
feet shall be provided.
G.
Maximum building height shall be three stories or 35 feet.
H.
The following accessory support uses shall be permitted for this
use:
(1)
Indoor and outdoor recreational facilities including auditoriums,
activity rooms, craft rooms, libraries, lounges, and similar recreational
facilities for members of the retirement community.
(2)
Dining facilities.
(3)
Office and retail service facilities designed and adequate to
serve only the members of the community including, but not limited
to, pharmacy, gift shop, coffee shop, bank, beauty shop, and barber
shop.
(4)
Accessory medical offices, nursing, and convalescent facilities
limited to residents of the facility for temporary care and not operating
as the principal office of any medical practice serving the general
public.
J.
A nursing home shall have a minimum of not less than 1,000 square
feet of lot area provided per bed.
K.
A retirement community use shall have a maximum gross density of
three units per acre.
M.
A life care facility shall have a maximum density of 10 units per
acre. Nursing home care beds within this facility shall not exceed
two beds per dwelling unit.
N.
Each facility shall provide an outdoor sitting area which shall be
landscaped and shall not be located adjacent to parking lots, detention
basins, or collector or arterial streets unless adequate screening
is provided. Sitting areas shall not be located on slopes of over
5% grade.
O.
This use shall have a minimum of 10% of the land reserved for recreational
area. Maintenance of these areas shall be the responsibility of the
common management.
Q.
The proposed use shall obtain all applicable state and federal permits,
licenses, and certificate of need, as applicable to the proposed use,
as well as conditional use approval, prior to the issuance of a zoning
permit.
[Ord. 2002-06, 11/11/2002, § 1720]
1.
Outdoor storage of man-made materials, where permitted by this chapter
as a principal or accessory use, shall comply with the following standards:
A.
Outdoor storage facilities for raw materials work in process and finished products shall be enclosed with an approved safety fence, which shall comply with the requirements of § 27-1811.
B.
Outdoor storage shall not occupy any part of street rights-of-way,
pedestrian walkways, required parking spaces, and required yard areas.
C.
Outdoor storage of man-made materials shall not exceed 10 feet in
height.
[Ord. 2002-06, 11/11/2002, § 1721]
1.
The following standards shall apply to the establishment of any recreational
facilities when permitted by this chapter:
A.
Permitted Uses. Recreational facilities may include nonprofit facilities
including, but not limited to, parks, playfield, playground, arboretum,
conservation area, wildlife sanctuary, winter sport, swimming pool,
boating, horseback riding, fishing, foot, bicycle and bridle path,
picnic area, tennis and other racquet game court or any similar use
characteristically identified with open space, and of a noncommercial
nature, but in accordance with the following development standards:
B.
Any use permitted in Subsection 1A above shall comply with the following:
(1)
Development plans for any use under this sections shall be subject
to review and approval by the Township.
(2)
Minimum lot size shall be two acres.
(3)
Any structure, building, parking, storage, loading or paved areas, excluding food and bicycle paths, and other than necessary accessways to a public street, shall not be located closer than 100 feet to any lot line, and shall be buffered from dwellings in accordance with § 27-1808.
(4)
If practical, vehicular access for the use shall not be from
any local street in a residential district or residential development.
(5)
Accessory uses shall be restricted in their use to employees,
patrons, members, and guests of the principal use. Such establishments
shall present no visible evidence from any public street of their
commercial character which would attract persons other than employees,
patrons, members, and guests.
(7)
As a conditional of approval during the conditional use review
process, the Township may apply restrictions on the hours of operation
for outdoor recreational uses.
[Ord. 2002-06, 11/11/2002, § 1722]
1.
A recycling center shall be in accordance with the following standards:
A.
Operation of a recycling facility shall at all times be in full compliance
with the statutes of the Commonwealth of Pennsylvania, the Rules and
Regulations of the Department of Environmental Protection (PaDEP),
and the provisions of this chapter. In the event that any of the provisions
of this chapter are less restrictive than any present or future rules
or regulations of PaDEP, the more restrictive regulations shall supersede
and control.
B.
C.
Access to the site shall be limited to those posted times when an
attendant is on duty. In order to protect against indiscriminate and
unauthorized dumping, every recycling center shall be protected by
locked barricades, fences, gates, or other means designed to deny
access to the area at unauthorized times or locations. Such barricades
shall be kept in good repair and maintained in a uniform color.
D.
Litter control shall be exercised to confine blowing litter to the
work area and a working plan for clean up of litter shall be submitted
to the Township. To control blowing paper, a fence shall be erected
with a minimum height of eight feet, with openings not more than three
inches by three inches, along all boundaries.
E.
Buffering in accordance with the requirements of § 27-1808 of this chapter shall be required between the fence and the street line and along any edge of the property adjacent to a residential use or district.
F.
Unloading of materials shall be continuously supervised by a facility
operator.
G.
Hazardous waste included on the list of hazardous waste maintained
by the PaDEP shall not be disposed of a recycling center. No municipal
or solid waste or hazardous waste shall be processed or stored at
a recycling center.
H.
The principal access to the site shall be from a collector or arterial
road as designated by the Township Comprehensive Plan.
I.
A zoning permit shall be obtained and renewed on an annual basis.
[Ord. 2002-06, 11/11/2002, § 1723]
1.
The following provisions shall apply to the conversion of a single-family
dwelling or barn to a dwelling containing a greater number of dwelling
units, when permitted by this chapter:
A.
Site and architectural plans for the conversion of said dwelling
shall be submitted to the Zoning Hearing Board, together with an application
for special exception. If two or more families are housed above the
ground floor, such plans shall bear the approval of all mandatory
statutes as required by law.
B.
Such plans shall provide adequate and suitable parking or storage
space for at least two automobiles per dwelling unit.
C.
The yard and building area requirements for the district in which
the dwelling is located shall continue to apply to each dwelling unit.
There shall be no increase in density than that permitted in the zoning
district for the conversion of dwellings.
D.
There shall be no external alterations to any building except as
may be necessary for safety, fire escape, and outside stairways shall,
where practical, be located to the side or rear of the building.
E.
Each resulting dwelling unit shall have a minimum floor area of 700
square feet.
[Ord. 2002-06, 11/11/2002, § 1724]
1.
The following standards shall apply to all restaurants and drinking
establishments where permitted by this chapter:
A.
There shall be no drive-up or walk-up windows permitted.
B.
All retail sales shall be internal to the premises.
C.
Food shall not be consumed on any portion of the premises except
the interior of a building or packaged for off-site consumption. Outdoor
dining may be requested, subject to the approval of Board of Supervisors.
D.
The establishment shall have access to either a collector or arterial
as defined in the Township Comprehensive Plan.
E.
A trash storage area shall be provided which is screened from the
street and adjacent properties to prevent trash from blowing from
the area and to permit safe and easy trash removal. In addition, trash
receptacles shall be provided outside of a restaurant for patron use,
but shall not be located near any adjacent residential properties.
J.
A plan demonstrating adequate fire and police protection shall be
submitted to the Township.
[Ord. 2002-06, 11/11/2002, § 1725]
[Ord. 2002-06, 11/11/2002, § 1726]
1.
Where a riding academy on stables is permitted as a special exception,
the following shall apply:
A.
Standards.
(1)
The minimum size of a riding academy or stable shall be 10 acres
plus one additional acre for each horse over the number nine horses
that are stabled or pastured on the premises.
(2)
The entire periphery of all grazing areas must be enclosed in
a well-maintained fence.
(3)
No rings or exercise paddock, jumping area, or show area shall
be located within 50 feet of a lot or street line.
(4)
In the event a bridle path crosses a local road the landowner
shall be responsible for posting a sign indicating such use, in compliance
with local procedure and road sign regulations.
[Ord. 2002-06, 11/11/2002, § 1727]
1.
Rooming houses when permitted as a conditional use shall comply with
the following:
A.
Area and Bulk Regulations.
(1)
Minimum lot size: one acre.
(2)
Minimum lot width at street line: 125 feet minimum lot width
at building setback line: 150 feet.
(3)
Minimum front yard: 50 feet from street right-of-way or 70 feet
from street center line, whichever is greater.
(4)
Minimum side yards: 20 feet for either side yard or 50 feet
aggregate.
B.
Design Standards.
(1)
No rooming house may contain more than nine rooming units.
(2)
No rooming house may house more than two persons per rooming
unit.
(3)
Each rooming house shall have at least one all weather off-street
parking space per bed.
(4)
Each rooming unit shall have a minimum of 150 square feet of
habitable floor space.
(5)
Each two rooming units shall include complete bathroom facilities.
(6)
Each rooming house shall contain a communal kitchen with all
facilities unless it is declared on the land development plan that
the rooming house will not provide board.
(7)
Each rooming house shall have a hard-wired, fire resistant fire alarm system, sprinkler systems, exit lights, exit plans, and adequate fire extinguishing equipment to the satisfaction and written approval of the Township Fire Marshal, and, additionally, the system shall be in compliance with the applicable Township Building Code [Chapter 5, Part 1].
(8)
Each rooming house shall have written fire safety approval from
the Township Fire Marshal on an annual basis. Evidence of approval
shall be submitted to the Zoning Officer.
C.
Administration.
(1)
The Zoning Officer shall review all applications for a rooming
house to determine compliance.
(2)
Upon approval and completion of construction or alteration thereof,
the Zoning Officer shall inspect the premises to verify compliance
with this chapter. If, in compliance, the Zoning Officer shall issue
a permit for occupation for a period of one year. Permits shall be
renewed annually upon satisfactory inspection. Owners shall be given
a ten-day advance notice of the inspection date.
[Ord. 2002-06, 11/11/2002, § 1728]
1.
The following provisions shall apply to sanitary landfills:
A.
The tract serving as a sanitary landfill shall contain a minimum
of 100 contiguous acres, undivided by streets, streams, or right-of-way.
All operations, including buildings, structures, and grading shall
be setback a minimum of 200 feet from any property line or Flood Hazard
District boundary.
B.
All sanitary landfills shall be completely enclosed by fencing to
deter trespassing and to prevent debris from blowing onto adjoining
properties and shall provide for a rodent-proof barrier.
C.
All sanitary landfills shall be designed and operated in accordance
with the requirements of the Pennsylvania Department of Environmental
Protection.
D.
Access to sanitary landfill, facility shall be from an arterial or
collector road to limit traffic congestion and excessive wear on collector
and local roads. The applicant must show structural capacity of roads
and levels of service on all roads used by trucks entering and leaving
the landfill.
E.
All trucks entering and leaving the landfill shall be covered. Roads
used for access within or adjacent to the tract shall be patrolled
daily to pick up and dispose of scattered and blowing refuse.
F.
All sanitary landfills shall annually submit a traffic plan for all
trucks entering and leaving the landfill.
G.
The sanitary landfills shall provide road maintenance and upgrade
any and all roads used by trucks entering and leaving the landfill
to provide for adequate infrastructure and maintenance of the road
surface.
H.
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 refuse and
the removal of all facilities in the event the applicant cannot complete
the refuse program. Such performance bond shall not be used by the
Township for any other purpose.
[Ord. 2002-06, 11/11/2002, § 1729]
1.
The following regulations shall apply in all districts in which a
school or educational facility is permitted by this chapter:
A.
A public or private nonprofit school (one, which is not conducted
as a private gainful business) and is licensed under the proper governmental
authority shall be subject to the following provisions.
(1)
The minimum lot area shall be two acres.
(4)
Maximum building height shall be three stories or 35 feet.
(5)
Minimum front yard shall be 80 feet from street right-of-way.
(6)
Minimum side yards shall be 50 feet for either side yard and
125 feet aggregate.
(7)
Minimum rear yards shall be 75 feet.
(8)
Outdoor play or recreational areas adjacent to a residential
use of district shall be a minimum of 75 feet from side and rear property
lines and shall be sufficiently screened to minimize disturbance of
residential areas. Outdoor play or recreation areas adjacent to a
nonresidential use or district shall be a minimum of 50 feet from
side and rear property lines.
B.
A commercial school, including trade or professional schools of art,
music, or dancing shall not be permitted in residential zoning districts.
The minimum required lot size for a commercial school shall be as
required by the MU Multi-use District.
[Ord. 2002-06, 11/11/2002, § 1730]
1.
The following provisions shall apply to secondary farm businesses
where permitted by this chapter:
A.
The business shall remain subordinate to and compatible with the
principal agricultural use.
B.
A minimum tract size of 20 acres shall be required for a farm to
be eligible for a secondary farm business.
C.
The business shall be completely enclosed or fenced, and shall be
setback a minimum of 100 feet from any property line or public right-of-way.
D.
A minimum of three off-street parking spaces shall be provided for
the business, in addition to those required for the principal use.
E.
No more than two people may be employed by the business who do not
reside on the farm.
[Ord. 2002-06, 11/11/2002, § 1731]
1.
The following standards and criteria shall govern the design and
review procedures for the combination of two or more permitted uses
(shopping center), and for major commercial uses, defined as any single
commercial use with a gross floor area of 20,000 square feet or greater:
A.
General Regulations.
(1)
Ownership. The tract of land to be developed shall be in single
ownership, or shall be filed jointly by the owners of the entire tact,
and shall be under unified control. In the event that ownership of
all or any portion of the tract changes after the approval of the
plan the new owners shall agree in writing to be bound by the terms
and obligations of the approved plan.
(2)
Sewer and Water Facilities. The tract of land shall be served by water and sanitary sewer facilities deemed consistent with the Township 537 Plan. Such facilities shall be designed and constructed in compliance with those sections regulating sewage disposal and water supply of the East Fallowfield Township Subdivision and Land Development Ordinance [Chapter 22] or this chapter.
(3)
Development Plan. The applications for development shall be
accompanied by a plan or plans showing in detail the proposed uses
including, but not limited to, the type of uses, location, and square
footage of buildings, parking and access, loading facilities, landscaping,
screening, and lighting. The plan(s) shall cover the entire tract,
regardless of any intended phasing of development.
(4)
Development Stages and Permits. The development of a tract,
carried out in either a single phase or in stages; shall be executed
in accordance with a development agreement. The owner and/or developer
shall establish a schedule for phases and building permit applications.
Any default in such schedule shall terminate the conditional use permit.
The owner, developer, and Township shall enter into said agreement,
embodying all details regarding compliance with this chapter to assure
the binding nature thereof on the overall tract and its development,
which agreement shall be recorded at the Chester County Office of
Recorder of Deeds with the final development plan.
(5)
Stormwater Management. The control of erosion and sediment during construction, and the ongoing management of stormwater on the tract shall be accomplished in accordance with the applicable section of the Township Subdivision and Land Development Ordinance [Chapter 22].
(6)
Covenants and Restrictions. The language, terms, and conditions
of any proposed covenants or restrictions shall be subject to review
and recommendation by the Township Solicitor.
(7)
Police and Fire Protection. A plan demonstrating adequate fire
and police protection shall be submitted to the Township.
B.
Area and Bulk Regulations. The combined uses, buildings, structures, and other improvements shall collectively, comply with the Area and Bulk Regulations under Part 12 "MU Multi-use District." In addition, the following building form, size, and spacing requirements shall be met:
(1)
A shopping center or major commercial use may contain a maximum
of 60,000 square feet of total floor area. For the purposes of this
section, an individual building shall be considered as a space or
contiguous spaces under one roof, fully separated from any abutting
building by permanent walls and with no direct access to any abutting
building.
(2)
Except where buildings directly abut one another no individual
building shall be placed closer to any other building than the height
of the taller of such adjacent buildings.
(3)
Where any individual building of 20,000 square feet of more
of total floor area directly abuts any other building, there shall
be a clear dimensional differentiation of roofline (i.e., an obvious
difference in height) and/or an offset in facade of at least 10 feet.
(4)
Where any individual building facade (or adjoining facades which
abut flush to the same building line) is visible from any public right-of-way
or public space (including internal public spaces within a development)
and exceeds 80 feet in length, there shall be a clear dimensional
differentiation of roofline (i.e., an obvious difference in height)
and/or an offset in facade of at least 10 feet, effectively breaking
the single facade into two or more facades each no more than 80 feet
in length.
(a)
Where approved by the Board of Supervisors during the conditional
use review, single facades greater than 80 feet in length may be permitted
where the applicant demonstrates to the satisfaction of the Board
that the design of the building and its relationship to the surrounding
buildings and landscaped areas mitigates any negative impacts of the
long, contiguous building facade on the character of the district
in which the use is located.
(b)
Mitigating factors may include design which emulates characteristic
historical building forms which typically included relatively long
individual building facade lengths such as barns, stables, churches,
meeting houses, or other public buildings.
(c)
Building arrangements which rely on repeated use of the same
long facade element shall not be approved.
(5)
As a condition of approval, the Board of Supervisors may permit
roof structures above the cornice line which exceed the thirty-five-foot
height limit where the Board agrees that such structures enhance the
appearance of the overall design.
(6)
Not more than 15% of the gross lot or tract area shall be occupied
by structures less than one and one-half stories in height. For this
purpose, one-half story shall mean a roof-story with sufficient height
and space within the form of a pitched roof to permit the development
of habitable or leasable space, whether or not such space is actually
proposed for development.
C.
Design Standards.
(1)
Primary access shall be from an arterial street as defined in
the East Fallowfield Township Comprehensive Plan (1999).
(2)
When located adjacent to a residentially zoned district or existing
residential use, parking, loading, and service areas shall be located
at least 75 feet from the adjacent property line and buildings shall
be located at least 75 feet from adjacent property lines.
(3)
Parking lot circulation and design, landscaping, buffering, lighting, signs, loading, and access shall be in accordance with the applicable requirements of Part 18.
(4)
Establishments with outdoor storage of shopping carts shall
provide defined areas on the site for storage of such carts which
shall be clearly marked and designed for their storage and containment.
(5)
Trash receptacles shall be provided outside any establishment
with take-out service or convenience shopping.
(6)
Sidewalks shall be provided along all street frontage and pedestrian
access to sidewalks on or adjacent to the property shall be provided.
(7)
Outdoor Display and Storage. All uses, excepting parking lots
and gasoline sales, shall be completely enclosed within a building.
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 the
tenant selling the articles, 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 high. Any such
outdoor display area shall be considered sales floor area for purposes
of computing building coverage and parking requirements.
(8)
Architectural Integrity. Any shopping center or major commercial
use shall be designed as an architecturally integrated unit.
(a)
Street furniture, lighting, standards, signs, and other accessory
items installed as part of a shopping center shall be of compatible
materials, scale, and design.
(b)
Where requested by the Board, site models and/or three-dimensional
graphic portrayals, providing a clear perspective of the relationship
of the proposed development to the site and its visual impact on adjacent
properties, shall be submitted as part of the conditional use application.
[Ord. 2002-06, 11/11/2002, § 1732]
1.
The following shall apply to two-family, townhouse, and multifamily
development proposals where permitted by this chapter.
A.
The area and bulk regulations under the applicable zoning district
shall be met.
B.
The maximum length and width of a multiple-family building shall
be 100 feet. For townhouse units, a maximum of four units may be connected
in one combined building, with a maximum length of 100 feet.
C.
The minimum size of each dwelling unit shall be 800 square feet.
D.
Multiple-family buildings shall to be located in clusters which create
common courtyards and open space areas rather than situated parallel
to one another. Where clustering is not feasible due to site conditions,
there shall be no more than three abutting buildings parallel to each
other within a multiple-family development.
E.
Buildings within a multiple-family development shall be designed
to provide individual dwelling units with views and direct access
to required open space area to the extent feasible.
F.
The following building separation distances shall be met in order
to provide individual units with some level of privacy:
|
Minimum Distance
| |
|---|---|
|
Building Configuration
|
Between Buildings
|
|
Facing front or rear walls (long wall)
|
75 feet
|
|
Facing end walls (short wall) containing no dwelling windows
|
30 feet
|
|
Facing end walls (short walls) containing dwelling windows
|
35 feet
|
|
No obstruction of views created by two buildings
|
30 feet
|
G.
Walkways shall be provided between dwelling units, entrances, and
common areas, including parking and refuse collection areas.
H.
The design, ownership, and maintenance responsibilities for required open space shall be in accordance with the provisions of § 27-1812.
I.
Dwelling units shall be setback a minimum of 25 feet from common
parking lots and refuse collection centers.
J.
Staggered setbacks of individual dwelling units accompanied by a
variation in facade design are encouraged so the buildings offer visual
variety and provide private yard areas. In the case of townhouse development,
no more than two contiguous units shall have the same facade setback
within a building. Changes in unit setback shall involve a minimum
of four feet.
K.
Setback front tract boundary shall be a minimum of 50 feet.
[Ord. 2002-06, 11/11/2002, § 1733; as amended by
Ord. 2010-01, 3/23/2010]
1.
Purposes. The purpose of this subsection and the standards established
herein is to govern the use, construction, and siting of wireless
communications facilities in recognition of the nature of wireless
communications systems and the Federal Telecommunications Act of 1996.
These regulations are intended to:
A.
Promote and protect the health, safety, and general welfare, to accomplish
coordinated development and to guide and protect existing and future
governmental, economic, practical, social, and cultural facilities,
development and growth.
B.
Accommodate the need for wireless communications facilities, while
regulating their location and minimizing the number of wireless communications
towers to be constructed.
C.
Minimize the adverse visual effects and the number of such facilities
through proper design, siting, screening, material, color, and finish
and by encouraging that competing providers of wireless communications
services co-locate their communications antennae and related facilities
on existing towers.
D.
Insure the structural integrity of communications antenna support
structures through compliance with applicable industry standards and
regulations.
E.
Promote the health, safety, and welfare of the Township's residents.
2.
Permitted Areas for Wireless Communications Facilities. Wireless communications facilities, including antennas support structures (or "towers") and wireless communications equipment buildings, may be located on land located within the RA Rural Agricultural Zoning District and the O-I Office/Industrial District, through the issuance of a conditional use decision and order issued by the Board of Supervisors. Additionally, wireless communications facilities, including all components thereof, as specified herein, may be located on any land owned by the Township. In the case of the location of such facilities on land owned by the Township, no conditional use application or approval will be necessary, however, the Board of Supervisors will determine whether permission will be granted for the location of such facilities on Township-owned land, pursuant to the terms of a leasing or other agreement, which will incorporate the requirement of compliance, with such substantive regulations of this chapter, including the provisions of § 27-1734, Subsection 1A, as amended, as determined to be necessary by the Board of Supervisors.
3.
Location. Wireless communications facilities may be located on a
land site only within a zoning district where permitted as a conditional
use, or on Township-owned land, or as an attachment to an existing
structure, as provided herein. Prior to the issuance of a conditional
use approval for the construction and installation of any communications
antennas support structure, the applicant for conditional use approval
must prove by a preponderance of evidence that the applicant cannot
adequately extend or infill its communications system by the use of
equipment, such as repeaters, antennas, or other similar equipment
installed on existing structures, such as utility poles or other tall
structures. This requirements will be deemed to have been satisfied
through the submission of a report or testimony by a qualified radio
frequency engineer, verifying that the proposed communications antennae
(or other wireless communications facility component) will advance
the provision of wireless communications service. The Board of Supervisors
will limit any evidence or objections sought to be introduced by any
objecting party seeking to question the need for the installation
of any wireless communications facility (or component thereof). The
purpose of this subsection is merely to confirm that the provider
of wireless communications service has made a threshold determination
that the component for which municipal approval is sought will substantially
improve the level of wireless communications service provided to the
consumer(s) of such service.
4.
Maximum Heights. No communications antenna support structure shall be taller than 120 feet, measured from undisturbed ground level, unless the applicant proves that another provider of wireless communications service has agreed to co-locate communications antenna(e) on the applicant's communications antenna support structure or the applicant demonstrates that a greater tower height is necessary to provide satisfactory service for wireless communications. In such case, the communications antenna support structure shall not exceed 150 feet, unless the applicant secures approval as a condition of the conditional use process from the Supervisors by demonstrating such proof as would be required in the case of a special exception under § 27-2207, Subsection 3, of this chapter. In no event shall mounted communications antenna(e) height on any tower extend more than 25 feet above the installed height of the tower. While evidence relating to the criteria set forth in § 27-2207, Subsection 3, of this chapter shall be considered by the Board of Supervisors, the Board of Supervisors will impose reasonable limitations on the admissibility of evidence sought to be introduced by any objecting party seeking to question the need for any wireless communications facility (or component thereof). The requirement of establishing a need for any such component and/or the height of any proposed wireless communications support structure shall be deemed to be satisfied through the submission of a report or testimony by a properly qualified radio frequency engineer confirming that the installation of the proposed wireless communication facility will substantially improve the provision of wireless communications service.
5.
Wireless Communications Equipment Building. In those zoning districts
where communications antenna(e) and communications antenna support
structures are permitted by conditional use, or on Township-owned
property, either one single story wireless communications equipment
building, not exceeding 500 square feet in area, or metal boxes placed
on concrete pads, of a total aggregate square footage of 600 feet,
housing the receiving and transmitting equipment necessary to the
proper functioning of the wireless communications facility, may be
located on the land site selected for installation and location of
the wireless communications support structure, for each unrelated
company sharing communications antenna(e) on the wireless communications
support structure. The building and/or concrete pads may be located
within aside yard or rear yard; provided, that: (1) the concrete pad
and metal boxes or buildings are located 25 feet away from the property
line, or in the case of the building, the minimum setback distance
applicable in the zoning district, whichever is greater; (2) the combined
height of the concrete pad and metal boxes or building does not exceed
eight feet; and (3) an evergreen landscape buffer screen, having a
planted height of six feet, is installed and maintained, so as to
provide a visually effective barrier, for individuals standing at
ground level in the nearby area, between the building or metal boxes
and any adjacent property.
6.
Other Facilities. With the exception of the wireless communications
equipment building housing the receiving and transmitting equipment
necessary to the proper functioning of the tower and communications
antenna(e), all other structures and uses ancillary to communications
antenna(e) and communications antenna support structures including,
but not limited to, a business office, a mobile telephone switching
office, maintenance depot, and vehicular storage area, shall not be
located on any land site, unless otherwise permitted by the applicable
district regulations in which the site is located. Additionally, the
wireless communications equipment building must comply with the setback
regulations pertaining to structures, applicable in the zoning district
in which the building is located.
7.
Attachments to Existing Structures. In all zoning districts, an applicant
may, upon conditional use approval being granted, locate communications
antenna(e) and their support members (but not a communications antenna
support structure) on an existing smoke stack, utility pole, water
tower, commercial or industrial building, or any similar tall structure;
provided:
A.
The height of the communications antenna(e) and apparatus attaching
the communications antenna(e) thereto shall not exceed 10 feet in
height, unless the applicant proves that a greater antenna(e) 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.
B.
The applicant proves that such location is necessary to satisfy their
function in the applicant's wireless communications system, or will
obviate the need for the erection of a communications antenna support
structure in another location where the same is permitted.
C.
The applicant submits a plan showing each of the contiguous properties,
identified by tax parcel number and owner, depicting all buildings
and structures located on such properties and their principal and/or
accessory uses; provided, however, that the applicant shall not be
required to trespass upon the land of another in order to obtain the
information set forth in this provision.
D.
The applicant employs concealment or other reasonably appropriate
stealth measures (the determination of which shall be in the Board's
reasonable discretion) to camouflage or conceal antennas, such as
the use of neutral materials that hide antennas, the location of antennas
within existing structures, such as steeples, silos, and advertising
signs, the replication of steeples and other structures for such purpose,
the simulation of elements of rural landscapes, such as trees and
such other measures as are available for use for such purpose.
E.
The proposed use otherwise complies with the requirements of this
chapter (with the exception of the provisions herein pertaining to
the maximum height and location of a communications antenna support
structure or tower).
F.
If the Board finds that location of antenna(e) on an existing structure
obviates the need for the construction and erection of a communications
antenna support structure in any zoning district in which the same
is a permitted use, the Board may authorize, by conditional use, the
location of either a building not exceeding 500 square feet or metal
boxes placed on a concrete pad not exceeding, in the aggregate, 600
square feet in area, housing the receiving and transmitting equipment
necessary to the operation of the antenna(e), for each unrelated entity
or company sharing communications antenna space on the smokestack,
utility pole, water tower, commercial or industrial building, or other
similar tall structure. The building and/or concrete pads may be located
within a side yard or rear yard; provided, that: (1) the concrete
pad and metal boxes or buildings are located within 25 feet away from
the property line or in the case of the building the minimum setback
distance applicable in the zoning district, whichever is greater;
(2) the combined height of the concrete pad and metal boxes or building
does not exceed eight feet; and (3) an evergreen landscape buffer
screen, having a planted height of six feet, is installed and maintained,
so as to provide a visually effective barrier for individuals standing
at ground level in the nearby area, between the building or metal
boxes and any adjacent property.
8.
Setbacks from Tower Base. The nearest point of any communications
antenna support structure (exclusive of any guy wires or guy wire
anchors) shall be located not less than a distance equal to the height
(in linear feet) of the communications antenna support structure from
any adjoining property line and any street right-of-way.
9.
Antenna Support Structure Safety.
A.
The applicant shall demonstrate that the proposed communications
antenna(e) and communications antenna support structure are designed
and will be constructed in accordance with all applicable provisions
of the Uniform Construction Code building standards for such facilities
and structures and applicable standards developed by the Electronics
Industry Association, Institute of Electrical and Electronics Engineers,
Telecommunications Industry Association, American National Standards
Institute and Electrical Industry Association. The applicant shall
demonstrate that the proposed wireless communications facility is
designed in such a manner so that no part of the facility will attract/deflect
lightning onto adjacent properties.
B.
When a communications antenna(e) is to be located on an existing
structure and the general public has access to the structure on which
the communications antenna(e) is to be located, the applicant shall
provide engineering details showing what steps have been taken to
prevent microwave binding to wiring, pipes, or other materials. For
purposes of this section, the term "microwave binding" shall refer
to the coupling or joining of microwave energy to electrical circuits
including, but not limited to, the coupling or joining of microwave
energy to electrical circuits, not limited to power lines and telephone
wires, during which process the transference of energy one to another
occurs.
C.
The information necessary to demonstrate compliance with the above
requirements is to be submitted concurrently with the submittal of
an application for a building permit.
10.
Fencing. A security fence shall be required around the antenna support
structure and other equipment, unless the communications antenna(e)
is mounted on an existing structure, as provided herein.
11.
Landscaping. The following landscaping shall be required to screen
as much of a newly constructed communications antenna support structure
as possible. The Board of Supervisors may permit any combination of
existing vegetation, topography, walls, decorative fences, or other
features instead of landscaping, if in the discretion of the Board
of Supervisors, they achieve the same degree of screening as the required
landscaping.
A.
An evergreen screen shall be required to surround the communications
antenna support structure. The screen can be either a hedge planted
three feet on center maximum, or a row of evergreen trees planted
10 feet on center maximum. The evergreen screen shall be a minimum
planted height of six feet at planting and shell be capable of growing
to a minimum of 15 feet at maturity.
B.
Existing vegetation on and around the land site shall be preserved
to the greatest extent possible.
12.
Design. In order to reduce the number of communications antenna support
structures in the Township in the future, the proposed communications
antenna support structure shall be designed to accommodate other potential
communication users, including not less than one wireless communication
company, and not less than one local police, fire, or ambulance service
communications provider, through the addition or incorporation of
antenna anchored at a location or in locations on the communications
antenna support structure which the applicant does not intend to anchor
its communications antenna.
13.
Licensing and Applicable Regulations. The applicant must demonstrate
that it is licensed to provide wireless communications services by
the Federal Communications Commission, (FCC), through the submission
of a copy of a license issued by the FCC authorizing the provision
of wireless communications services by the applicant directly or through
licensure or other authorized permission. A copy of this license is
to be provided to the Township within 15 days of the submission of
an application for conditional use or other Township approval.
14.
Proof of Inspection. The owner of communications antenna support structure, shall submit to the Township Engineer proof of the annual inspection of the communications antenna support structure and communications antenna(e) by an independent professional engineer; as required by the ANSI/EIA/TIA-222-E Code. Based upon the results of such an inspection; the Board of Supervisors may require removal or repair of the wireless communications facility. In the event the annual inspection referred to above is not performed in a timely manner the landowner, as well as the applicant or other licensed provider of wireless communications service, shall be subject to civil enforcement proceedings, in accordance with § 27-2101 of this chapter, and such other remedies as are provided by law.
15.
Soil Report and Inspection by Engineer. A soil report complying with
the standards of Geotechnical Investigations, ANSI/EIA-222-E, as amended,
or substantively similar report, shall be submitted to the Township
Engineer to document and verify the design specifications of the foundation
for communications antenna support structure and anchors for the guy
wires, if used. The soil report must, in the opinion, of the Township
Engineer, establish that the communication support structure maybe
properly installed and maintained at the proposed site. Prior to the
Township's issuance of a permit authorizing construction and erection
of a communications antenna support structure, a structural engineer
registered in Pennsylvania shall issue to the Township a written certification
of its ability to meet the structural standards offered by either
the Electronic Industries Association or the Telecommunication Industry
Association and certify the proper construction of the foundation
and the erection of the communications antenna support structure.
Where antenna(e) are proposed to be attached to an existing structure,
such engineer shall certify that both the structure and the antenna(e)
and their appurtenances meet minimum industry standards for structural
integrity. These requirements shall constitute a required condition
of any conditional use approval for the proposed use. However, this
documentation is to be submitted concurrently with an application
for the issuance of a building permit. All reasonable engineer fees
associated with the review of these reports or other documentation
confirming the soil suitability and structural integrity of a communications
antenna support structure or anchoring for a communications antenna
will be paid by the applicant, within 30 days of the submission of
an invoice (which invoice must provide a reasonably detailed explanation
of the engineering services provided at the Township's request).
16.
Required Parking. If the wireless communication facility is fully
automated, an adequate parking area shall be required for all maintenance
workers. If the wireless communications facility is not fully automated,
the number of required parking spaces shall equal the number of employees
present at the wireless communication facility during the shift with
the greatest number of employees or staff.
17.
Visual Appearance. Communications antenna support structures shall
be painted silver or another color approved by the Board, or shall
have a galvanized finish. All wireless communications equipment buildings
and other accessory facilities shall be aesthetically and architecturally
compatible with the surrounding environment and shall maximize the
use of a like facade to blend with the existing, surroundings and
the neighboring buildings to the greatest extent possible. The Board
of Supervisors may require that:
A.
Communications antenna support structures be painted green up to
the height of nearby trees.
B.
Wireless communications equipment buildings which house electrical
transmitter equipment be placed underground, unless determined to
be detrimental to the functioning and physical integrity of such equipment.
C.
In making these determinations, the Board of Supervisors shall consider
whether its decision will: (a) promote harmonious and orderly development
of the zoning district involved; (b) encourage compatibility with
the character and type of development existing in the area; (c) benefit
neighboring properties by preventing a negative impact on the aesthetic
character of the community; (d) preserve woodlands and trees existing
at the site to the greatest possible extent; and (e) encourage sound
engineering and land development design and construction principles,
practices, and techniques.
18.
Site Plan. A full site plan shall be required for all wireless communications facilities, showing all existing and proposed structure(s) and improvements including, but not limited to, the communications antenna(e), communications antenna support structure, building, fencing buffering, and ingress and egress. The plan shall comply with the Township Subdivision and Land Development Ordinance [Chapter 22], with the exception of such planned documentation/information which would be required to demonstrate compliance with those provisions of the Township Subdivision and Land Development Ordinance [Chapter 22] (or the Pennsylvania Stormwater Management Act, 32 P.S. § 680.1 et seq.,) pertaining to stormwater management.
19.
Signs. No sign or other structure shall be mounted on the wireless
communications facility, except as may be required by the Federal
Communications Communication (FCC), Federal Aviation Administration
(FAA), or other governmental agency, and except for an identifying
sign of no greater than three square feet, setting forth the name
and means of contacting the operator.
20.
Lighting. Communications antenna support structures shall meet all
FAA regulation. No communications antenna support structure may be
artificially lighted, except when required by the FAA or other governmental
authority. When lighting is required by the FAA or other governmental
authority, it shall be limited to no greater than 50% in excess of
the minimum lumens and number of lights so required and, if not inconsistent
with FAA or other governmental regulations, shall be oriented inward
so as not to project onto surrounding properties. The applicant shall
promptly report any outage or malfunction of FAA mandated lighting
to the appropriate governmental authorities and to the Township Secretary.
21.
Maintenance. The applicant shall describe anticipated maintenance
needs, including frequency of service, personnel needs, equipment
needs, and the traffic safety and notice impacts of such maintenance.
This information shall be submitted, in writing, in the form of a
proposed maintenance schedule, as part of the conditional use application
or other application for zoning or building authorization.
22.
Vehicular Access. In the event a communications antenna(e) is attached
to an existing structure, vehicular access to the wireless communications
facility shall not interfere with the parking or vehicular circulation
on the site for the existing principal use.
23.
Co-location. If the applicant proposes to build a communications
antenna support structure (as opposed to mounting the communications
antenna(e) on an existing structure), the applicant shall demonstrate
that it has contacted the owners of structures of suitable location
and height (such as smoke stacks, water towers and buildings housing
existing communications antenna support structures) within a one mile
radius of the site proposed, and asked for permission to install the
communications antenna(e) on an existing structure, as set forth in
this paragraph, or demonstrate that the applicant cannot adequately
extend or infill its communication system through the use of these
structures.
24.
Abandonment.
A.
If use of the wireless communications facility is abandoned or is not properly maintained (so as to assure continued structural integrity and safety), or if the wireless communications facility is not in use for a period of six months or longer, the owner shall demolish and/or remove the wireless communications facility from the land site within six months of such abandonment and/or non-use. All costs of demolition and/or removal shall be borne by the owner of the wireless communications facility. In the event the demolition and/or removal referred to above is not performed in a timely manner, the owner shall be subject to civil enforcement proceedings, in accordance with Part 21 of this chapter, and other legal remedies available to the Township.
B.
Further, prior to constructing or installing any wireless communications
facility, the applicant must submit financial security in an amount
sufficient to cover the cost disassembly, demolition and removal of
the wireless communications facility. The form of the financial security
shall be of a type described in § 509 of the Pennsylvania
Municipalities Planning Code, 53 Pa.C.S.A. § 10509(c), including,
but not limited to, federal or commonwealth chartered lending institution
irrevocable letters of credit, restrictive or escrow accounts in such
lending institutions, as well as bonds. Approval of the type of financial
security to be submitted shall be determined by the Board of Supervisors,
however, approval of the form of security and of the provisions thereof,
(e.g., the language of a bond) shall not be unreasonably withheld.
The amount of financial security shall be determined by the Board
of Supervisors, based upon information submitted by the applicant
and reviewed by either the Township Engineer or other qualified consultant.
In the event of a dispute concerning the appropriate amount of financial
security, the Township Engineer and the applicant shall select a qualified
third party to arbitrate the dispute informally and submit a determination
to the Board of Supervisors; the amount of financial security determined
by the neutral third party shall be binding. The financial security
may be utilized for the disassembly, demolition, and removal of any
wireless communications facility, in the event that the facility is
either: (a) not properly maintained; (b) abandoned; or (c) not used
for a period of six months or longer. The financial security shall
be so utilized after 30 days advance written notice is forwarded by
United States mail or private courier service (e.g., Federal Express,
United Parcel Service) to any address provided by the applicant as
part of the submission of an application for zoning or municipal or
other building authorization or to any other address provided by applicant
for the purposes of the receipt of notice under this provision. The
bond or other security will be released to the applicant promptly
upon the expiration of the lease, license, or other permission/authorization
to make use of the subject property for the maintenance of a wireless
communication facility.
C.
In addition, prior to the issuance of any building permit or use
authorization or similar municipal authorization which may result
in construction or installation of communications antenna, communications
antenna support structure (tower), or wireless communications facility,
a declaration of covenant must be submitted by the applicant and approved
by the Board of Supervisors for recording in the Office of the Recorder
of Deeds of Chester County, by which the landowner and his/her/its
successors in interest, authorize Township officials and Township
designees to effectuate the disassembly, demolition, and/or removal
of any wireless communications facility antenna or similar structure,
as contemplated by this provision. Appropriate documentary proof must
be submitted to the Township staff confirming the recording of the
declaration of covenant prior to commencement of any construction
or instillation of any communications antenna/communications antenna
support structure or wireless communications facility. The covenant
requiring proper maintenance (or removal in the case of abandonment)
of a wireless communications facility shall expire promptly upon the
expiration of any lease or other arrangement by which the applicant
has permission to maintain a wireless communications facility (or
any component thereof) on a land site or other property. Upon submission
of appropriate documentary proof of the expiration of the lease or
other permission specified herein, the Township will authorize the
recording of a document memorializing the expiration of the effective
terms of the declaration of covenants.
D.
The requirement of this section may be waived or altered by the Board
of Supervisors in the event that either, (a) another appropriate form
of guarantee for the continued maintenance (or removal in the case
of abandonment) of a wireless communications support structure is
provided; or (b) the Board of Supervisors is satisfied that adherence
to these requirements would be unnecessary, duplicative, or violative
of Federal Telecommunications Act of 1996, or other applicable law.
25.
Notification. All applicants seeking to construct, erect, relocate,
or alter a wireless communications facility shall file a written certification
with the Township Zoning Officer that all property owners within a
1,000 foot radius of the proposed communications antenna support structure
have been given written notice by the applicant, mailed at least 14
days prior to the date of the hearing of the applicant's intent to
construct, erect, relocate, or alter a wireless communications facility.
The certification shall contain the name, address, and tax parcel
number of the property owners so notified. Such notice shall also
contain the date and time of the Board of Supervisors meeting at which
the applicant will appear and demonstrate compliance with the provisions
of this chapter.
26.
Interference. In the event the wireless communications facility causes interference with the radio, subscriber equipment or television reception of any Township resident for a period of three consecutive days, the resident shall notify the Township, in writing, of such interference. The Township shall notify the owner/operator of the wireless communication facility of such interference and the owner/operator, at the owner/operator's sole expense, shall thereafter ensure that any interference problems are promptly corrected. In the event the interference is not corrected in a timely manner, the owner/operator shall be subject to the civil enforcement proceedings, in accordance with Part 21 of this chapter, and may have the conditional use or other municipal approval revoked.
27.
Annual Report. In January of each year, the owner or operator of
any wireless communications facility shall pay the registration fee
established from time to time by resolution of the Board of Supervisors
and shall provide the Township Secretary with the following information.
Changes occurring with respect to any such reported information shall
be reported to the Township Secretary, in writing, within 10 days
of the effective date of such change(s):
A.
The names and addresses of the owner of the wireless communications
facility and any organization utilizing the wireless communications
facility and telephone numbers of the appropriate contact person in
case of emergency.
B.
The name and address of the property owner on which the wireless
communications facility is located.
C.
The location of the wireless communications facility by geographic
coordinates, indicating the latitude and longitude.
D.
Output frequency of the transmitter.
E.
The type of modulation, digital format, and class of service.
F.
Communications antenna(e) gain.
G.
The effective radiated power of the communications antenna(e).
H.
The number of transmitters, channels, and communications antenna(e).
I.
A copy of the owner or operator's FCC authorization. A copy of the
FCC license shall be sufficient for this purpose.
J.
Communications antenna(e) height.
K.
Power input to the communications antenna(e).
L.
A certification signed by an authorized representative of the applicant
that the wireless communications facility is continuing to comply
with this chapter and all applicable governmental regulations including,
but not limited to, output and emission limits established by the
FCC.
M.
A certificate of insurance issued to the owner/operators evidencing
that there is adequate current liability insurance in effect insuring
against liability for personal injuries and death and property damage
caused by the land site and the wireless communications facility.
N.
The following standards shall apply to microwave dish antenna:
(1)
All microwave dish antenna shall remain accessory to the principal
use of the lot.
(2)
When separately supported, the total height of the microwave antenna and supports shall not exceed 16 feet in height. Such an arrangement shall be screened, in accordance with § 27-1808.
(3)
When roof mounted, the dish antenna shall be located on a portion
of the roof sloping away from the front of the lot.
(4)
No more than one microwave dish antenna shall be permitted on
any lot.
(5)
Microwave dish antenna shall be used solely for the reception
of radio and electromagnetic band, including multifamily uses.
[Ord. 2002-06, 11/11/2002, § 1734; as added by
Ord. 2004-06, 4/25/2004, § 5]
1.
In addition to the applicable requirements of the underlying zoning
district, lots approved pursuant to the repealed provisions of the
open space design option shall comply with the following requirements:
A.
Permitted Open Space Uses. Areas designated on approved plans for
open space purposes may be used for any of the following uses, subject
to any more stringent restriction set forth in the plans, any Township
approval, and in any covenants or restrictions of record.
(1)
Crop or pasture land, subject to submission of a conservation
plan approved by the Chester County Conservation District.
(2)
Woodland, meadow, wetland, wildlife habitat, game preserve,
or similar conservation-oriented area.
(3)
Public park or trail, common area or private outdoor recreation
areas provided for use by residents, provided such area is not for
commercial purposes.
B.
Minimum Yards for Accessory Structures. In addition to the minimum
area and bulk setback requirements applicable to the underlying zoning
district, no structure shall be erected within 25 feet of restricted
open space, on a residential lot within a subdivision approved under
the former open space design option regulations.
