[Ord. 1-71, 3/2/1971, § 1400]
No yard or other space provided about any building or structure for the purpose of complying with this Chapter
27 shall be considered as a yard or other open space for another building or structure.
[Ord. 1-71, 3/2/1971, § 1401]
Where the display and sale of farm products are permitted, it
shall be provided that:
1. At least 50% of such products shall have been produced on the property
on which they are offered for sale.
2. Parking space for at least three cars shall be provided on the lot.
Where building area exceeds 600 square feet, one additional parking
space shall be provided for each additional 200 feet of building area.
3. Sale of farm products shall be conducted from a portable stand, dismantled
at the end of the growing season, or from a permanent building under
the following conditions:
A. Such building shall be located at least 50 feet from the right-of-way
line of the road, and
B. Parking space shall be provided behind the highway right-of-way line
at a ratio of one space for each 200 square feet of building floor
area.
[Ord. 1-71, 3/2/1971, § 1402; as amended by Ord.
3-99, 5/12/1999, § J]
The following shall apply to all zoning districts:
1. On a corner lot or at a point of entry on a public road, nothing
shall be erected, placed, or allowed to grow in a manner which obscures
vision:
A. Above the height of 2-1/2 feet measured from the center-line grades
of the intersecting streets, and
B. Within the area bounded by the street lines of such corner lots and
a line joining points of these street lines 100 feet from their intersection.
C. A front yard, as provided for in the area and lot requirements for
the various districts, shall be required along each street on which
a corner lot abuts.
[Ord. 1-71, 3/2/1971, § 1403]
The following shall apply to all districts.
1. Topsoil or sod may be removed from a premises only under the following
conditions:
A. In connection with the construction or alteration of a street, building,
or parking lot.
B. In connection with agricultural pursuits, provided that a suitable
ground cover is left in place or replaced, and that areas where topsoil
is removed are reseeded with an appropriate ground cover within one
year.
[Ord. 1-71, 3/2/1971, § 1404]
The following shall apply to all districts.
1. All required yards shall be unobstructed except as follows:
A. An arbor, open trellis, flagpole, unroofed steps or an unroofed terrace,
or recreational or drying yard shall be permitted with no restriction.
[Ord. 1-71, 3/2/1971, § 1406]
1. Use Regulations. The following uses are the only uses permitted in
the areas where the grade of a slope exceeds 25%.
A. Parks and outdoor recreational uses shall be permitted so long as
their activities do not conflict with the use of the land as a watershed.
B. Tree farming, forestry, and other agricultural uses when conducted
in conformance with conservation practices that ensure adequate protection
against soil erosion.
C. When authorized as a special exception by the Zoning Hearing Board,
single-family dwellings or a portion thereof may be constructed on
a slope whose grade exceeds 25% if the building is constructed in
such a manner which does not substantially alter the existing grade
and natural soil conditions. In addition, the applicant shall supply
the following:
(1)
Site plan of the property indicating existing grades with contour
lines at two foot intervals and proposed grades within the area of
the proposed construction.
(2)
Landscaping plan indicating proposed paved areas, storm drainage
facilities, retaining walls, and ground cover, as well as trees and
ornamental shrub locations.
(3)
Architectural plans, elevations, and sections.
(4)
A statement prepared by a registered architect or engineer stating
an explanation of the building methods to be used in overcoming foundation
and other structural problems created by slope conditions, preserving
the natural watersheds, and preventing soil erosion.
[Ord. 1-71, 3/2/1971, § 1407]
A plan shall be prepared by a Pennsylvania registered engineer
in accordance with the Lower Oxford Erosion and Sediment Control Regulation
and the requirements of the Pennsylvania Department of Environmental
Resources to adequately provide for drainage of all building sites
and paving including grades, inlets and piping. Drainage shall discharge
into natural swales and streams where approved by the Township Engineer.
Provisions shall be made to prevent flows onto adjoining properties
at rates greater than those that existed prior to development of the
tract. Drainage calculations shall be based upon a minimum of a twenty-five-year
storm and approved by the Township Engineer.
[Ord. 1-71, 3/2/1971, § 1408]
1. Continuation. Any lawful nonconforming structure or any lawful nonconforming use of a structure or land legally existing on the effective date of this Chapter
27 may be continued, except as otherwise herein provided.
2. Extension and Additional Buildings. Any lawful nonconforming use of a portion of a building may be extended throughout the building. Any lawful nonconforming building or any building of which a lawful nonconforming use is made may be extended upon the lot occupied by such building and held in single and separate ownership on the effective date of this Chapter
27. The area of such building or buildings housing the nonconforming use shall not be increased by more than 50% of the area of such building or buildings existing on the date it first became a nonconforming building or a building of which lawful nonconforming use is made.
|
Any new buildings, any structural alteration, extension or addition
to existing buildings shall conform with all area, height, width,
yard and coverage requirements for the district in which it is located
unless by special exception of the Zoning Hearing Board.
|
3. Use of Land. Any lawful nonconforming use of land exclusive of buildings and the uses contained therein, may be extended upon the lot upon which it exists at the time of the effective date of this Chapter
27, but such extension shall conform to area and bulk requirements and to the design standards of this Chapter
27. The extension of a nonconforming use on a lot shall be limited to the lot which was in existence on the effective date of this Chapter
27.
4. Change. Any lawful nonconforming use of a building or land may be changed to another nonconforming use of substantially the same character and for such purpose, a building may be extended or new buildings constructed on the same lot in accordance with Subsection
2 of this §
27-1407. Whenever the nonconforming use of a building or land has been changed to a conforming use, such conforming use shall not thereafter be changed to a nonconforming use.
5. Restoration. Any lawful nonconforming building or other structure
which has been involuntarily damaged or destroyed by fire, explosion,
windstorm, or other similar active cause, to an extent of not more
than 75% of its fair market value, may be reconstructed in the same
location, provided that:
A. The reconstructed building or structure shall not exceed the height,
area or volume of the damaged or destroyed building or structure.
B. Reconstruction shall begin within one year from the date of damage
or destruction and shall be carried on without interruption.
6. Abandonment. If a lawful nonconforming use of land or of a building or other structure is abandoned or discontinued for a continuous period of one year or more, subsequent use of such building or structure or land shall be in conformity with the provisions of this Chapter
27.
7. Nonconforming Signs. Any sign, signboard, billboard, or advertising device existing at the time of the passage of this Chapter
27 that does not conform with the regulations of the district in which it is located shall be considered a nonconforming sign and may be used in its existing location, provided it is maintained in good condition and repair at all times. Nonconforming signs once removed may be replaced only with conforming signs; however, legal nonconforming signs may be repainted or repaired or modernized, provided that such repaired or modernized sign does not exceed the dimensions of the existing sign.
[Ord. 1-71, 3/2/1971, § 1409; as amended by Ord.
12/21/1988A, 12/21/1988, § 3]
1. A building may be erected or altered on any lot held at the effective date of this Chapter
27 in single and separate ownership which is not of the required minimum area or width, or is of such unusual dimensions that the owner would have difficulty in providing the required open spaces for the district in which such lot is situated, provided a special exception is authorized by the Zoning Hearing Board, and provided further that the applicant does not own or control other adjoining property sufficient to enable him to comply with the provisions of this Chapter
27 as amended. In considering a special exception to permit erection or alteration of a building on a lot nonconforming as to area and width regulations, the Zoning Hearing Board may impose the following requirements:
A. That the use of the lot may be required to conform to the permitted
used in the district in which such lot lies.
B. That the building height may be restricted to that specified for
other buildings within the district in which the lot lies.
C. That the design standards imposed for uses within the district in
which the lot lies may be applied to the use of the lot.
D. Impose such conditions as are necessary for compliance with the general purpose and intent of this Chapter
27.
2. In any district in which single-family dwellings are permitted, a
single family dwelling and/or customary accessory buildings may be
erected on any single lot of record in existence at the effective
date of adopting or amendment to this Part, without Zoning Hearing
Board action, provided that such lot must be in single and separate
ownership and provided that one of the following conditions are met:
A. On a lot which is nonconforming with respect to area and the proposed
single family dwelling or accessory building meets all other regulations
of the district.
B. On a lot which is not of the required minimum area and width and
an existing structure is located closer to the property line/lines
than setbacks permit and a new structure or expansion of the existing
structure will not increase the extent of nonconformity.
[Ord. 1-71, 3/2/1971, § 1410; as amended by Ord.
1-93, 1/6/1993]
The Code Enforcement Officer shall identify and register all
nonconforming uses and nonconforming structures within the Township
pursuant to the following procedure:
1. Within one year from the effective date of this amendment to this Chapter
27, the Code Enforcement Officer of the Township shall compile a list of all nonconforming uses or structures within the Township which were nonconforming prior to the effective date of this Chapter
27 or which were made nonconforming by this amendment to this Chapter
27. In compiling said list, the Code Enforcement Officer shall follow the following procedure:
A. Within a reasonable time after the effective date of this amendment to this Chapter
27, the Code Enforcement Officer shall cause to be published in a newspaper of general circulation within the Township a notice of his intention to compile the aforementioned list within the aforesaid time. Said notice shall be published at least one time per week for at least three consecutive weeks and shall invite any and all persons who believe they are the owners of nonconforming uses or structures within the Township to submit written applications for registration on forms to be supplied by and obtained from the Code Enforcement Officer. Said notice shall also be posted conspicuously at the regular place of meeting of the Township Board of Supervisors.
B. Any person(s) who believe they are the owners of nonconforming uses or structures within the Township shall submit an application for registration of such use or structure to the Code Enforcement Officer on or before the expiration of one year from the effective date of this amendment to this Chapter
27, which shall contain the following information:
(1)
The location and description of the use and/or structure (including
county tax parcel number);
(2)
The name and address of the owner of the alleged nonconforming
use or structure;
(3)
The date when the alleged nonconforming use or structure came
into existence;
(4)
The description of the alleged nonconforming use or structure
under one or more of, but not limited to, the following classifications
in regard to the type, extent and volume of such nonconformity:
(a)
Nonconforming uses of open land (for example, junkyards and
used car lots);
(b)
Nonconforming uses of conforming buildings (for example, a funeral
home utilizing an old residence in a Residential District);
(c)
Nonconforming use of buildings usable only for nonconforming
purposes (for example, a gasoline service station in a Residential
District); and
(d)
Buildings that are nonconforming only so far as they violate
dimensional regulations.
(5)
The names and addresses of all abutting property owners.
(6)
Proof by either notarized affidavits, dated photographs, or otherwise that the use or structure was, in fact, nonconforming as of the effective date of this Chapter
27, or was made nonconforming by this amendment thereto.
C. Within 60 days after the expiration of the one-year time period following the effective date of this amendment to this Chapter
27, the Code Enforcement Officer shall either register the alleged nonconforming use or structure or shall refuse to register it.
|
In either case, the Code Enforcement Officer shall promptly
notify the respective property owners of his decision to register
or not to register by regular mail addressed to the address submitted
in the application, and shall also notify all surrounding property
owners of each alleged nonconforming use or structure of his decision.
In making the decision to register or not to register the Code Enforcement
Officer shall be guided by the following principles:
|
(1)
The burden of proof of proving the existence of a valid nonconforming
use or structure shall at all times be upon the property owner;
(2)
The existence of a valid nonconforming use or structure must
be proven by the preponderance of evidence;
(3)
The unsupported statement of the property owner, without supporting
evidence, is not sufficient evidence;
(4)
If the Code Enforcement Officer is at all uncertain or there
exists any dispute known to the Code Enforcement Officer from any
source as to the existence of a valid nonconforming use or structure,
registration of said use or structure shall be refused.
2. At any time after the expiration of one year from the effective date of this amendment to this Chapter
27, the following shall apply:
A. The Code Enforcement Officer shall be authorized to register only
those valid nonconforming uses created after the effective date of
this amendment. The Code Enforcement Officer shall register or refuse
to register any such alleged nonconforming uses or structures pursuant
to the procedures and the principles set forth in Subsections 1B and
1C hereof.
B. Any person alleging the existence of a valid nonconforming use or structure which came into existence before the effective date of the amendment to this Chapter
27 shall be required to apply directly to the Lower Oxford Township Zoning Hearing Board for recognition of the alleged nonconforming use or structure pursuant to §
27-1604 of this Chapter
27.
3. Any person aggrieved by a decision of the Code Enforcement Officer pursuant to this §
27-1410 shall have the right of appeal, within 30 days of the date upon which the Code Enforcement Officer mails the notice of his decision to such person, to the Lower Oxford Township Zoning Hearing Board as provided in §
27-1504 of this Chapter
27. In any such appeal, whether the appeal be filed by the property owner, a surrounding property owner or owners, or other aggrieved person, "the applicant" shall always be considered to be the property owner alleging the existence of the valid nonconforming use or structure for the purpose of assigning responsibility for the payment of the hearing fee required by §
27-1502, Subsection
1, of this Chapter
27. Upon the filing of any such appeal, by any party, the property owner shall pay the fee required by §
27-1502, Subsection
2, within 10 days after he receives notice of the appeal. If the property owner fails to pay said fee, the Zoning Hearing Board shall promptly deny the registration application for the alleged nonconforming use or structure. In any such appeal, the burden of proof of the existence of any valid nonconforming use or structure remains upon the property owner alleging that such a valid nonconforming use or structure exists.
[Ord. 1-71, 3/2/1971, § 1411]
A Conditional Use is a use permitted by the Board of Supervisors pursuant to the provisions of this Chapter
27. Where this Chapter
27 has provided for conditional uses to be granted or denied by the Board of Supervisors, the procedures outlined in this Part
14 shall be adhered to, and the Board shall give consideration to such conditional uses in accordance with the criteria set forth herein and in other specifically applicable sections of this Chapter
27.
[Ord. 1-71, 3/2/1971, § 1412]
Application for a conditional use shall be made to the Board of Supervisors and shall be accompanied by a plan of the property showing the details of the use proposed, along with other written and graphic material required by this Chapter
27. The applicant shall notify all adjacent lot owners of said application for a conditional use and advise them of the date, time and place of the conditional use and advise them of the date, time and place of the conditional use hearing. The application shall be accompanied by such fees as shall be set forth in a resolution of the Board of Supervisors, in an amount sufficient to cover all Township costs. Five copies of the application with all supporting documents shall be submitted.
[Ord. 1-71, 3/2/1971, § 1413; as amended by Ord.
1-93, 1/6/1993]
1. Upon receipt of an application for conditional use, the Board of
Supervisors shall promptly send copies of the application and all
supporting materials to the Lower Oxford Township Planning Commission,
the Chester County Planning Commission, and the Chester County Health
Department.
2. The Planning Commission shall be promptly review and consider the
application and all supporting materials including any Neighborhood
Impact Analysis as required by either the Board of Supervisors or
the Planning Commission and shall return the application and all supporting
materials to the Board of Supervisors, along with its recommendations
thereon.
3. The Board shall schedule a hearing and render a final decision thereon in accordance with §
27-1501.
[Ord. 1-71, 3/2/1971, § 1415]
In considering any application for conditional use permitted by this Chapter
27, the Board shall, in addition to applying the express standards and criteria, set forth in this Chapter
27:
1. Assure itself that the proposed use is consistent with the spirit, purpose and intent of this Chapter
27.
2. Determine that the proposed use will not substantially injure or
detract from the use of the neighborhood property or from the character
of the neighborhood, and that the use of the property adjacent to
the area included in the proposed change or plan is adequately safeguarded.
3. Determine that the proposed use will serve the best interests of
the Township, the convenience of the community (where applicable),
and the public welfare.
4. Consider the effect of the proposed use upon the logical efficient,
and economical extension of public service and facilities such as
public water, sewers, police and fire protection and public schools
and assure adequate arrangements for sanitation in specific instances.
5. Be guided in its study, review and recommendation by sound standards
of land development practice where applicable.
6. Guide the development of state and county highway frontage insofar
as possible so as to limit the total number of access points and encourage
the frontage of building on parallel marginal roads or on roads perpendicular
to the highway.
7. Improve such conditions, in addition to those required, as are necessary to assure that the general purpose and intent of this Chapter
27 is complied with, which conditions may include, but are not limited to, harmonious design of buildings, planting and maintenance of sight or sound screens, and the minimizing of noxious, offensive or hazardous elements or odors.
8. Weigh each case on its own merits, separately, based upon pertinent
information presented or known to the Board and without regard to
any previous case.
9. Consider the comments, if any, provided to the Board by the Chester
County Planning Commission and the Chester County Health Department.
[Ord. 1-71, 3/2/1971, § 1416]
1. Purpose. The purpose of this §
27-1414 of this Chapter
27 is to further the overall purposes of this Chapter
27 as set out in §
27-101 hereof and, also, to provide for the protection and preservation of natural resources and agricultural land and activities and to protect and promote the health, cleanliness, comfort and safety of the citizens of the Township of Lower Oxford.
2. Authorization. This §
27-1414 of this Chapter
27 is enacted pursuant to the authority granted to the Township by the Legislature of the Commonwealth of Pennsylvania in the following duly enacted statutes:
A. The sections of the Second Class Township Code authorizing the Township
to enact ordinances dealing with the protection of the health of Township
residents, refuse materials, nuisances, and public safety, codified
in Volume 53 of Purdon's Consolidated Statutes of the Commonwealth
of Pennsylvania at Sections 65729, 65708, 65712, and 65747, as amended:
B. The applicable provisions of the Pennsylvania Municipalities Planning
Code dealing with zoning ordinances codified in Volume 53 of Purdon's
Consolidated Statutes of the Commonwealth of Pennsylvania as Sections
10601 and 10603, as amended:
C. The applicable provisions of the Pennsylvania Solid Waste Management
Act, codified in Purdon's Consolidated Statutes of the Commonwealth
of Pennsylvania at Section 6010 as amended.
3. Conditional Use. Sanitary landfills are permitted only as a conditional use in the I-1 Zoning Districts within the Township, subject to the provisions of this Chapter
27. Sanitary landfills shall be operated only by Lower Oxford Township or the Lower Oxford Township Municipal Authority.
4. Application. A person wishing to establish a sanitary landfill in the Township shall present an application for a conditional use, pursuant to the procedures specified in §§
27-1410 and
27-1414 of this Chapter
27, which shall contain the following:
A. A topographical drawing, prepared by a registered engineer to a scale
no greater than one inch equals 200 feet, showing:
(1)
Location of site relative to public roads.
(2)
Owners of adjacent properties.
(3)
Proposed fencing and improvements.
B. Statement from Pennsylvania Department of Environmental Resources
or its successor indicating the general feasibility of the site for
development as a sanitary landfill. Such statement must indicate preliminarily
the appropriateness of the site, but need not include completion of
actual on-site testing for soil, groundwater, and rock conditions.
C. Identity of the owner of the site, and relationship of applicant
to the owner and notarized statement by the owner that a sanitary
landfill is permitted on the property.
D. An estimate of the expected useful life of site as sanitary landfill
and condition of site upon completion of operation.
E. An estimate of the estimated number of vehicles weighing over 20,000
pounds, loaded, which are expected to use site on daily bases, during
first two years of operation.
F. A statement of the applicant's prior experience, if any, with
sanitary landfill operation.
5. Requirements and Standards Applicable to Sanitary Landfill Operation. Prior to approving a site for a sanitary landfill, the Board of Supervisors and the Planning Commission, acting in conformity with §§
27-1411 through
27-1415 of this Chapter
27, shall require that:
A. Any application for sanitary landfill be in compliance with the requirements
of the Pennsylvania Department of Environmental Resources and that,
prior to the onset of site utilization, a permit be obtained from
the Pennsylvania Department of Environmental Resources for said operations.
B. Any such site be so located that safe and adequate access is available
over public roads at all times. The Board of Supervisors may require
that any Township road providing access to the proposed site be a
minimum of 24 feet in width and paved with surface and base course
of sufficient depth to withstand traffic loads to be determined by
the number and weight of trucks anticipated in the operation of the
proposed site. The Board of Supervisors may further require that the
cost of improvement of any Township road to provide this standard
of access may be charged against the applicant either by requiring
contribution of monies sufficient to pay for the improvement of the
road or by charging truck usage fees on the operation of the site
sufficient to pay for the improvement and maintenance of access roads;
C. The proposed operation will not create a nuisance in the Township
or otherwise impose a hardship on adjoining property owners or with
the Township in general;
D. That provision be made by the applicant that all trucks entering
and leaving the landfill shall be covered and that as a part of the
daily operation of the landfill roads used for access to the landfill
be patrolled daily to pick up and dispose of scattered and blowing
papers or other refuse.
E. That the landfill be properly fenced to prevent blowing papers and
other nuisances on adjoining properties;
F. When completed, be properly maintained such that it does not constitute
a nuisance or danger to the adjoining property owners and to the surrounding
areas from uneven settlement, emission of gases due to waste decomposition,
and potential vandalism from being out of commission. The owners and
operators of the completed landfill site are required to offer for
dedication the site after its use to the Township, who, in turn, may
use the site for parks, playgrounds, golf courses, gardens, parking
storage areas or light construction. The Township retains the right
to accept or reject the offer for dedication.
6. Minimum Acreage. No site shall be approved for a sanitary landfill
which contains less than 10 contiguous acres. In computing site sizes,
properties divided by public roads shall not be deemed contiguous.
7. Performance Bond. In order to assure the Township that the various tests and duties imposed upon an applicant by this Chapter
27 are fully performed, the Board of Supervisors shall require that a sufficient surety for such performance shall be posted by an applicant before issuing only conditional use approval or permit. The applicant shall assure the Township by means of a corporate bond or the deposit of funds or securities in escrow sufficient to cover the cost, as estimated by the Township Engineer, of performing the various tests and duties imposed upon him by the ordinance over the expected useful life of the site plus five years. The bond shall be furnished under such conditions and form and with surety as shall be approved by the Board to guarantee and secure that all such tests and duties are fully and adequately performed and are paid for by the applicant and that the Township shall, in no event, be held liable for the cost of any such duties or tests. In lieu of a bond, the applicant may deposit cash or securities with the Township or a bank or trust company to guarantee and secure the same requirements as set forth above. In the event that such cash or securities are deposited, said deposit must be made pursuant to an escrow agreement prepared or approved by the Township solicitor and the Board of Supervisors. The escrow agent for the deposit of such cash or security shall be located in Chester County and shall be subject to approval by the Board.
8. Indemnification. In addition to the foregoing requirements, all applicants to operate a sanitary landfill upon property within the Township of Lower Oxford shall, prior to the utilization of any site, deliver to the Township Board of Supervisors a liability indemnification, on a form to be prepared by or approved by the Township Solicitor, pursuant to the terms of which, the applicant specifically agrees to fully indemnify and hold harmless the Township of Lower Oxford and all of its officers, agents, and employees from any and all liability and litigation defense costs accruing to any person(s) as a result of any use of any land in the Township permitted by the Board of Supervisors pursuant to this §
27-1414.
[Ord. 1-71, 3/2/1971, § 1417]
1. Purpose. The purpose of this §
27-1415 of this Chapter
27 is to further the overall purposes of §
27-101 of this Chapter
27 and, also, to provide for the protection and preservation of natural resources and agricultural land and activities and to protect and promote the health, cleanliness, comfort and safety of the citizens of the Township of Lower Oxford.
2. Authorization. This §
27-1415 of this Chapter
27 is enacted pursuant to the authority granted to the Township by the Legislature of the Commonwealth of Pennsylvania in the following duly enacted statutes:
A. The sections of the Second Class Township Code authorizing the Township
to enact ordinances dealing with the protection of the health of Township
residents, refuse materials, nuisances, and public safety, codified
in Volume 53 of Purdon's Consolidated Statutes of the Commonwealth
of Pennsylvania at Sections 65729, 65708, 65712, and 65747, as amended.
B. The applicable provisions of the Pennsylvania Municipalities Planning
Code dealing with zoning ordinances codified in Volume 53 of Purdon's
Consolidated Statutes of the Commonwealth of Pennsylvania at Sections
10601 and 10603, as amended.
3. Conditional Use. Quarries are permitted only as a conditional use in the I-1 Zoning Districts within the Township, subject to the provisions of this Chapter
27.
4. Applications. A person wishing to operate a quarry on property in the Township shall present an application for a conditional use, pursuant to the procedures specified in §§
27-1411 through
27-1415 of this Chapter
27, which shall contain the following:
A. A topographical drawing prepared by a registered engineer to a scale
no greater than one inch equals 200 feet, showing:
(1)
Location of site relative to public roads.
(2)
Owners of adjacent properties.
(3)
Proposed fencing and improvements.
B. A statement on erosion and sedimentation control provisions in accordance
with the requirements of the Pennsylvania Department of Environmental
Resources and the Lower Oxford Township Erosion and Sediment Control
Regulation.
C. Identity of the owner of site, and relationship to owner, and notarized
statement of the property owner, and notarized statement of the property
owner that a quarry is permitted on the property.
D. An estimate of the expected useful life of site as a quarry.
E. Plan for restoration of site upon completion of operation.
F. An estimate of the number of vehicles weighing over 20,000 pounds,
loaded, which are expected to use the site on a daily basis, during
the first two years of operation.
G. Statement of applicant's prior experience, if any, in operating
quarries.
5. Requirements and Standards Applicable to Quarry Operation. Prior to approving a site for quarry operation the Board of Supervisors and the Planning Commission, acting in conformity with §§
27-1411 through
27-1415 of this Chapter
27, shall require that:
A. Any application for quarry operation be in compliance with the requirements
of the Pennsylvania Department of Environmental Resources and that,
prior to the onset of site utilization, a permit be obtained from
the Pennsylvania Department of Environmental Resources for said operations.
B. Any such site be so located that safe and adequate access is available
over public roads at all times. The Board of Supervisors may require
that any Township road providing access to the proposed site be a
minimum of 24 feet in width and paved with surface and base course
of sufficient depth to withstand traffic loads to be determined by
the number and weight of trucks anticipated in the operation of the
proposed site. The Board of Supervisors may further require that the
cost of improvement of any Township road to provide this standard
of access may be charged against the applicant either by requiring
contribution of monies sufficient to pay for the improvement of the
road or by charging truck usage fees on the operation of the site
sufficient to pay for the improvement and maintenance of access roads.
C. The proposed operation will not create a nuisance in the Township
or otherwise impose a hardship on adjoining property owners or with
the Township in general.
D. That provisions be made by the applicant to fence and secure the
quarry site from the public so as to adequately prevent trespass and
potential acts of vandalism. It shall be the responsibility of the
quarry site and equipment contained therein.
E. That quarry operations be such that dust, noise and other potential
nuisance be minimized from affecting adjoining properties.
F. When quarry operations have been completed, the site be restored
or otherwise renovated so that continuing future use for other activities
as determined by the Board of Supervisors can occur. Such renovation,
as a minimum shall conform to the following requirements:
(1)
All vertical cuts greater than 10 feet in height shall be cut
back, filled or otherwise sloped to a slope not to exceed three horizontal
to one vertical.
(2)
All pits or depressions shall be designed so as to not collect
and retain water following quarry operations.
(3)
All exposed rock shall as much as possible, be covered with
topsoil and seeded with grass or other suitable ground cover.
6. Right to Raise Minimum Standards. It is the intent of the Board of
Supervisors to prevent said quarry from becoming a public nuisance
or a danger to the public during operation or following its useful
life. To this end, the Board of Supervisors reserves the right to
require more stringent safety or restoration requirements than the
minimum specified herein.
7. Minimum Acreage. No site shall be approved for a quarry which contains
less than 10 contiguous acres. In computing site sizes, properties
divided by public roads shall not be deemed contiguous.
8. Performance Bond. In order to assure the Township that the various tests and duties imposed upon an applicant by this Chapter
27 are fully performed, the Board of Supervisors shall require that a sufficient surety for such performance shall be posted by an applicant before issuing any conditional use approval or permit. The applicant shall assure the Township by means of a corporate bond or the deposit of funds or securities in escrow sufficient to cover the cost, as estimated by the Township engineer, of performing the various tests and duties imposed upon him by this Chapter
27 over the expected useful life of the site plus five years. The bond shall be furnished under such conditions and form and with surety as shall be approved by the Board to guarantee and secure that all such tests and duties are fully and adequately performed and are paid for by the applicant and that the Township shall, in no event, be held liable for the cost of any such duties or tests. In lieu of a bond, the applicant may deposit cash or securities with the Township or a bank or trust company to guarantee and secure the same requirements as set forth above. In the event that such cash or securities are deposited, said deposit must be made pursuant to an escrow agreement prepared or approved by the Township Solicitor and the Board of Supervisors. The escrow agent for the deposit of such cash or security shall be subject to approval by the Board.
9. Indemnification. In addition to the foregoing requirements, all applicants to operate quarries upon property within the Township of Lower Oxford shall, prior to the utilization of any site, deliver to the Township Board of Supervisors a liability indemnification, on a form to be prepared by or approved by the Township Solicitor, pursuant to the terms of which, the applicant specifically agrees to fully indemnify and hold harmless the Township of Lower Oxford and all of its officers, agents, and employees from any and all liability and litigation defense costs accruing to any person(s) as a result of any land in the Township permitted by the Board of Supervisors pursuant to this §
27-1415.
[Ord. 1-71, 3/2/1971, § 1418]
1. Purpose. The purpose of this §
27-1416 is to further the overall purposes of this Chapter
27 as set out in §
27-101 hereof and, also, to provide for the protection and preservation of natural resources and agricultural land and activities and to protect and promote the health, cleanliness, comfort and safety of the citizens of the Township of Lower Oxford.
2. Authorization. This §
27-1416 is enacted pursuant to the authority granted to the Township by the Legislature of the Commonwealth of Pennsylvania in the following duly enacted statutes:
A. The sections of the Second Class Township Code authorizing the Township
to enact ordinances dealing with the protection of the health of Township
residents, refuse materials, nuisances, and public safety, codified
in Volume 53 of Purdon's Consolidated Statutes of the Commonwealth
of Pennsylvania in Sections 65729, 65708, 65712, and 65747, as amended:
B. The applicable provisions of the Pennsylvania Municipalities Planning
Code dealing with zoning ordinances codified in Volume 53 of Purdon's
Consolidated Statutes of the Commonwealth of Pennsylvania, in Sections
10601 and 10603, as amended:
C. The applicable provisions of the Pennsylvania Solid Waste Management
Act, codified in Purdon's Consolidated Statutes of the Commonwealth
of Pennsylvania in Section 6010 as amended.
3. Conditional Use. Agricultural utilization or other land application of sludge, sewage sludge or other waste material (hereby referred to as sludge) is permitted only as a conditional use in the R-1 and R-2 zoning districts within the Township, subject to the provisions of this Chapter
27.
4. Applications. A person wishing to utilize sludge on property in the Township shall present an application for a conditional use, pursuant to the procedures specified in §§
27-1411 through
27-1415 of this Chapter
27, which shall contain the following:
A. A narrative describing the proposed sludge utilization program including
the source of the sludge, the proposed utilization rate per acre,
and the total amount to be applied during the utilization period.
B. A topographical drawing, prepared by a registered engineer, to a
scale no greater than one inch equals 200 feet showing:
(1)
Location of the site relative to public roads;
(2)
Identity of owners of adjacent properties;
(3)
Boundaries of the area to be used for sludge utilization;
(4)
Location of public and private water supplies, wells, springs,
streams, swamps or other bodies of water within 1/4 of one mile of
the boundaries of the proposed sludge utilization site.
C. A soils, geologic and groundwater report of the characteristics of
the proposed sludge utilization site. The report shall be based on
a soils, geology and hydrology investigation and on a published standard
soil survey or equivalent data and shall encompass and include the
following criteria:
(1)
Excavations and borings or wells shall be made to determine
the valid and conclusive soil, geology and groundwater conditions,
including a minimum of three borings or wells which shall be drilled
10 feet into the groundwater or to bedrock, to delineate groundwater
flow system(s). A minimum of one groundwater quality monitoring point
shall be established in each dominant direction of groundwater movement
and one monitoring point upgradient of the site. The location of all
monitoring points shall be approved by the Township Engineer in advance
of drilling, but in no event shall any monitoring point be located
more than 500 feet from the nearest boundary of the proposed sludge
utilization site. Monitoring points shall be accessible to the applicant
and to the Township and its Engineer. Chemical analyses and hydrologic
data shall be submitted quarterly to the Township Engineer on a form
provided to the applicant by the Township, which shall contain all
data required from time to time by the Township. Each monitoring point
shall be purged prior to obtaining each sample for analysis.
(2)
Detailed soil descriptions based on soil borings obtained through
the well drilling procedures.
D. A chemical analyses of the sludge which shall include, but not be
limited to, the ranges of the following: moisture content, percent
total nitrogen (moist and dried), percent ammonium (NH4-N) (moist and dried), BOD, pH, and the following
reported on a dry weight basis, cyanide, sodium, cadmium, zinc, copper,
nickel, lead, chromium, mercury, and molybdenum and other toxic substances
and enteric pathogens. Chemical analyses are required according to
the following schedule:
(1)
Three composite samples of the sludge to be disposed of must
be analyzed and one composite sample each year thereafter must be
analyzed.
(2)
Additional analysis may be required by the Township when significant
changes in the treatment plant's volume or quality of effluent
is evident.
E. A statement from the Pennsylvania Department of Environmental Resources
or its successor indicating the general feasibility of the site for
utilization of sludge.
F. Identity of the owner of the site, and an explanation of the relationship
of the applicant to the owner and a notarized statement of the property
owner that sludge utilization is permitted on the property.
G. An estimate of the expected useful life of the site for utilization
of sludge.
H. An estimate of the number of vehicles weighing over 20,000 pounds,
loaded, which are expected to visit the site.
I. A statement of the applicant's prior experience, if any, with
utilization of sludge.
5. Requirements and Standards Applicable to Utilization of Sludge. Prior to approving a site for utilization of sludge, the Board of Supervisors and the Planning Commission, acting in conformity with §§
27-1410 through
27-1416 of this chapter, shall require that:
A. Any application for utilization of sludge be in compliance with the
requirements of the Pennsylvania Department of Environmental Resources
and that, prior to the onset of site utilization, a permit be obtained
from the Pennsylvania Department Environmental Resources for said
operations.
B. Any such site be so located that safe and adequate access is available
over public roads at all times. The Board of Supervisors may require
that any Township road providing access to the proposed site be a
minimum of 24 feet in width and paved with surface and base course
of sufficient depth to withstand traffic loads to be determined by
the number and weight of trucks anticipated in the operation of the
proposed site. The Board of Supervisors may further require that the
cost of improvement of any Township road to provide this standard
of access may be charged against the applicant either by requiring
contribution of monies sufficient to pay for the improvement of the
road or by charging truck usage fees on the operation of the site
sufficient to pay for the improvement and maintenance of access roads.
C. The proposed operation will not create a nuisance in the Township
or otherwise impose a hardship on adjoining property owners or with
the Township in general;
D. The applicant shall maintain records of quantities, dates, and locations
of sludge application and furnish copies of such records to the Township
upon request.
E. When the utilization of the site for sludge is completed, the aforementioned groundwater monitoring system remain in place and water quality analyses be continued for a period of not less than five years, in conformity with Subsection
4C(1) herein.
6. Storage. In no event and under no circumstance shall any person be
permitted to store or otherwise retain or keep sludge on any property
within the Township for any purpose for any period of time except
that: A person who has obtained approval for a conditional use to
utilize sludge may retain or store on the site for which the conditional
use approval has been granted a quantity of sludge equivalent to one
day's usage, provided, that, at the expiration of 24 hours after
the commencement of the storage period, the said sludge must either
be applied or removed from the property.
7. Minimum Acreage. No site shall be approved for sludge utilization
which contains less than 10 contiguous acres. In computing site sizes,
properties divided by public roads shall not be deemed contiguous.
8. Performance Bond. In order to assure the Township that the various tests and duties imposed upon an applicant by this Chapter
27 are fully performed, the Board of Supervisors shall require that a sufficient surety for such performance shall be posted by an applicant before issuing any conditional use approval or permit. The applicant shall assure the Township by means of a corporate bond or the deposit of funds or securities in escrow sufficient to cover the cost, as estimated by the Township Engineer, of performing the various tests and duties imposed upon him by this Chapter
27 over the expected useful life of the site plus five years. The bond shall be furnished under such conditions and form and with surety as shall be approved by the Board of Supervisors to guarantee and secure that all such tests and duties are fully and adequately performed and are paid for by the applicant and that the Township shall, in no event, be held liable for the cost of any such duties or tests. In lieu of a bond, the applicant may deposit cash or securities with the Township or a bank or trust company to guarantee and secure the same requirements as set forth above. In the event that such cash or securities are deposited, said deposit must be made pursuant to an escrow agreement prepared or approved by the Township Solicitor and the Board of Supervisors. The escrow agent for the deposit of such cash or security shall be located in Chester County and shall be subject to approval by the Board.
9. Indemnification. In addition to the foregoing requirements, all applicants to utilize sludge upon property within the Township of Lower Oxford shall, prior to the utilization of any sludge, deliver to the Township Board of Supervisors a liability indemnification, on a form to be prepared by or approved by the Township Solicitor, pursuant to the terms of which, the applicant specifically agrees to fully indemnify and hold harmless the Township of Lower Oxford and all of its officers, agents, and employees from any and all liability and litigation defense costs accruing to any person(s) as a result of any use of any land in the Township permitted by the Board of Supervisors pursuant to this §
27-1416.
[Ord. 1-71, 3/2/1971; as added by Ord. 3-92, 7/8/1992, § 2;
and as amended by Ord. 1-96, 5/8/1996, § 3; by Ord. 2-2002,
6/12/2002; and by Ord. 2-2006, 11/8/2006]
1. Where the family farm related business or schools are permitted,
the following provisions shall apply:
A. To qualify for a family farm related business or school, the landowner
must apply to the Board of Supervisors to request an overlay zoning
district of family farm related business. Once the overlay zoning
of FFRB is granted, the parcel is temporarily rezoned to FFRB and
no final approval of subdivision and land development applications
will be granted until such time that the FFRB zoning is repealed.
The landowner may request to have the FFRB overlay zoning repealed
at any time provided that any farm related business or school use
ceases to exist.
B. The applicant for a family farm related business or school shall
be the owner or co-owner of the business or school and the working
farm property. The family farm related business or school may be conducted
only so long as the owner or co-owner of the working farm or another
member of the same farming family is conducting the business or school
and residing on the farm.
C. A family farm related business or school may be conducted on a working
farm of at least 10 contiguous acres in size.
[Amended by Ord. No. 1-2018, 10/8/2018]
(1)
Any new building used for a family farm related business shall
have a minimum setback from all rights-of-way, and adjacent front,
side and rear property lines of 200 feet. Any existing building shall
have a minimum setback from front yard of 100 feet and from the side
and rear yard of 85 feet.
(2)
Any building used for a family farm related school shall have
a setback in compliance with the underlying zoning district.
D. Family farm related businesses and schools are not permitted to be
conducted within manufactured homes.
E. The maximum building coverage for a family farm related business
or school shall not exceed 4,000 square feet.
|
Building coverage in excess of 4,000 square feet is permitted
only as a conditional use when granted by the Board of Supervisors
under the provisions of this Part.
|
F. The family farm related business or school shall be carried on by
one or more members of the farming family residing on the family farm.
G. No storage or display of goods shall take place out-of-doors. No
interior display of goods shall be visible from adjacent properties
or the street right-of-way.
H. The exterior of a farm building used for a FFRB shall have an appearance
no different than if there were no family farm related business conducted
inside.
I. The use shall not emit any noise, odor, glare, fume, smoke, dust,
vibration, electromagnetic interference or other hazard that is noticeable
at or beyond the closest property line. No use that requires application
or permitting by the Department of Environmental Protection for the
handling of hazardous waste or other substances shall be permitted,
except for wastewater treatment.
J. A minimum of two off-street parking spaces shall be provided in addition to the required number for a residence in accordance with §
27-1109 for each 500 square feet of space used for a family farm related business.
K. A permit shall be obtained from the Lower Oxford Township Board of
Supervisors which will be good through the end of the calendar year
and shall be renewed on an annual basis. The Board of Supervisors
shall render a decision on any application for a family farm related
business or school within 30 days of receipt of an application complete
with the application fee. The fee for a family farm related business
or school shall be established by resolution. The application for
a family farm related business or school permit, or renewal shall
be made on a form to be provided by the Township and shall include
the following information:
(1)
Name, address and telephone number of the family farm related
business or school applicant.
(2)
Proof of ownership of the family farm and proof of the Supervisor's
granting the conversion to the FFRB overlay district.
(3)
Proof of receipt of all approvals and permits from county, state
or federal agencies having jurisdiction of the proposed activity.
(4)
A narrative describing the nature of the family farm related
business or school.
(5)
A sketch of the farm parcel showing the location of the building
to be used for the family farm related business or school showing
the proximity of the accessory building to the nearest property line
and the parking spaces provided.
(6)
Proof of notification of the adjacent property owners of the
proposed family farm related business or school.
(7)
The family farm related business or school permit, if approved,
shall be valid for the original applicant and shall not be used by
or conveyed to another party other than the members of the same farm
family.
(8)
One nonilluminated sign not exceeding nine square feet shall
be permitted and must be setback at least five feet from all property
lines.
[Ord. 1-71, 3/2/1971; as added by Ord. 1-95, 5/10/1995, § 9]
1. Where home occupations are permitted, the following provisions shall
apply:
A. Home occupations (limited) shall apply in Zoning Districts R-2, R-3
and R-4.
(1)
Is customarily carried on within a dwelling unit by one or more
occupants of such dwelling unit except that two persons not residing
in such dwelling unit may be employed.
(2)
Occupies not more than 25% of the total floor area of such dwelling
unit and includes, but is not limited to, such occupations as professional
practice of medicine, law, contractor's office, engineering,
architecture, real estate and insurance and such other occupations
as dressmaking, millinery, antique dealing and similar handicrafts
or other like business.
(3)
The use may be carried on within an accessory building. However,
the size shall not exceed 25% of the total floor area of the dwelling
unit.
(4)
A home occupation does not include the following:
(a)
Having exterior displays of goods or interior display of goods
visible from the outside.
(b)
Storing materials or products outside the dwelling or accessory
building.
(c)
Altering the external building in a manner not customary in
residential buildings and residential accessory buildings.
(d)
Off street parking must be provided.
(e)
Each home occupation must be approved by the Board of Supervisors.
(f)
The use shall not emit noise, odor, glare, fumes, smoke, dust,
vibration, electromagnetic interference or other hazard that is noticeable
at or beyond the closest property line. No use that requires application
or permitting by the Department of Environmental Resources for the
handling of hazardous waste or other substances shall be permitted,
except for wastewater treatment.
B. Home occupations shall apply only in Zoning Districts R-1, C-1, C-2,
C-3 and I-1.
(1)
Is customarily carried on within a dwelling unit by one or more
occupants of such dwelling unit except that two persons not residing
in such dwelling unit may be employed.
(2)
Occupies not more than 25% of the total floor area of such dwelling
unit and includes, but is not limited to, such occupations as professional
practice of medicine, law, contractor's office, engineering,
architecture, real estate and insurance and such other occupations
as dressmaking, millinery, antique dealing and similar handicrafts
or other like business.
(3)
The use may be carried on within an accessory building not to
exceed 2,000 square feet.
(4)
A home occupation does not include the following:
(a)
Having exterior displays of goods or interior display of goods
visible from the outside.
(b)
Storing materials or products outside the dwelling or accessory
building.
(c)
Altering the building exterior in a manner not customary in
residential buildings and residential accessory buildings.
(d)
Off street parking must be provided.
(e)
Each home occupation must be approved by the Board of Supervisors.
(f)
The use shall not emit noise, odor, glare, fumes, smoke, dust,
vibration, electromagnetic interference or other hazard that is noticeable
at or beyond the closest property line. No use that requires application
or permitting by the Department of Environmental Resources for the
handling of hazardous wastes or other substances shall be permitted,
except for wastewater treatment.
[Ord. 1-71, 3/2/1971; as added by Ord. 4-96, 7/10/1996, § 2;
and as amended by Ord. 2-2006, 11/8/2008]
1. A manufactured home may be placed upon any lot on a temporary basis
for use and occupancy as a residence for a parent or parents, or grandparent
or grandparents of the occupant(s) of the principal residence under
the following restrictions and conditions:
A. Use of the same water and/or sewage system may be accomplished only
with approval of the Chester County Health Department.
B. Annual status reports on a form supplied by the Township shall be
provided to the Board of Supervisors.
C. The owners of the lot shall enter into a written agreement with the
Board of Supervisors that the manufactured home shall be removed within
60 days after the vacation of the manufactured home by the parent(s)
or grandparent(s) for whatever reason.
D. A manufactured home will be a secondary or supplemental residence
for the occupant in accordance herewith and the principal residence
must have been previously occupied primarily by the child or grandchild
for a period of not less than two years.
E. Area and bulk regulations shall be complied with where physically
possible. Any variance from these regulations shall require formal
relief from the Zoning Hearing Board.
F. The manufactured home shall be situated in the rear or side yards
of the lot such that there shall be no significant adverse aesthetic
affect on the neighborhood.
G. The manufactured home shall be located in a manner which shall not
adversely affect the health, safety and welfare of the residents of
Lower Oxford Township and will not add increased traffic or fire hazard.
[Ord. 1-71, 3/2/1971; as added by Ord. 3-99, 5/12/1999, § J]
1. The keeping of large domesticated animals including horses, cows,
llamas, goats, pigs or sheep, as an accessory residential use only,
shall be permitted in the residential districts, subject to the following
conditions:
A. A minimum area of four acres shall be required for the keeping of
large animals on a residential lot. Large animals shall be permitted
according to the following schedule:
(1)
Four acre lot shall be permitted to have one large animal.
(2)
Five acre lot shall be permitted to have two large animals.
(3)
A lot between six acres and 10 acres shall be permitted to have
four large animals.
(4)
Ten or more acre lots shall be controlled by the provisions
for agriculture.
B. Stables, sheds and pens for large animals shall be a minimum 50 feet
from side or rear lot lines. Said structure shall be located only
in side or rear yard areas of a lot.
C. Lots shall be graded and structures and pens located so that animal
wastes are not conveyed to adjacent lots by means of runoff.
D. Fences shall be a minimum of three feet from lot lines unless the
fence is a part of a mutually agreeable property boundary between
two properties housing large animals in which case it may be along
the property line.
E. The manure pile shall be at least 100 feet from any lot or street
line and at least 300 feet from any well.
[Ord. 1-71, 3/2/1971; as added by Ord. 1-2004, 3/25/2004]
1. An applicant seeking to establish a commercial compost processing
operation must show compliance with the following:
A. Compliance. The applicant must demonstrate compliance, and continue
to comply, with all applicable state and federal standards and regulations.
B. An environmental impact statement will be prepared and submitted
in accordance with federal and state standards.
C. A water feasibility study will be provided to enable the municipality
to evaluate the impact of the proposed development on the groundwater
supply and on existing wells. The purpose of the study will be to
determine if there is an adequate supply of water for the proposed
development and to estimate the impact of the new development on exiting
wells in the vicinity. The water feasibility shall be reviewed by
the municipal engineer and appropriate federal and state agencies.
A water system which does not provide an adequate supply of water
for the proposed development, considering both quantity and quality,
or does not provide for adequate groundwater recharge considering
the water withdrawn by the proposed development shall not be approved
by the municipality. A water feasibility study shall include the following
information:
(1)
Calculations of the projected water needs.
(2)
A geologic map of the area with a radius of at least one mile
from the site.
(3)
The location of all existing and proposed wells within 1,000
feet of the site and all known point sources of pollution.
(4)
Based on the geologic formation(s) underlying the site, the
long-term safe yield shall be determined.
(5)
A determination of the effects of the proposed water supply
system on the quantity and quality of water in nearby wells, streams
and the groundwater table, including a baseline analysis of water
quality and water quantity within a one mile radius of the proposed
facility.
(6)
A statement of the qualification and signature(s) of the person(s)
preparing the study.
D. Driveways. All driveways onto the site must be paved for a distance
of at least 100 feet from the street right-of-way line. In addition,
a fifty-foot long gravel section of driveway shall be placed just
beyond the preceding one-hundred-foot paved section to dislodge any
mud that may have become attached to a vehicle's wheels.
E. Landscaping. A landscape strip with a minimum width of 50 feet shall
be located along all property lines. No structures, storage, parking
or any other related activity or operation shall be permitted within
this landscape strip. Fences or other screening erected on the site,
must be located on the interior of this landscape strip.
F. Leachate. Leachate shall be disposed in compliance with any applicable
state and federal laws or regulations. In no event shall leachate
be disposed of in storm sewer, to the ground, or in any other manner
inconsistent with the Department of Environmental Protection regulations.
G. Minimum Setback. No processing or storage of compost shall be permitted
within 200 feet of any lot line or 500 feet of any residential district
or use.
H. Nuisance Control. The applicant shall submit a plan demonstrating
safe access to the site, control of odors, and control of blowing
litter.
I. Operations. All composting activities including the processing, preparation,
curing, loading, material handling, unloading, storing (including
long-term storage) and packaging operations of compost for commercial
purposes must be conducted within a completely enclosed building.
The enclosed structure will be located on a concrete slab with a proper
drainage collection system so that no materials or liquids leak onto
or beneath the ground surface. The structure will also be vector-proof
and utilize state of the art technology for aerobic, thermophilic
decomposition of the materials involved in the compost preparation.
At all stages the operation must utilize the best available air scrubbing
technology to control odor and air pollution. Loading and unloading
must occur on a concrete or asphalt surface. All composting activities
must take place on the concrete impermeable pad, which size shall
be determined by the Board of Supervisors at a conditional use application
proceeding.
J. Screening. The use shall be screened from all roads and adjoining
properties by fencing or evergreen planting as determined by the Board
of Supervisors.
K. Supervision. Unloading, processing and transfer operations shall
be continuously supervised by a qualified facility operator. Hours
of operation are limited to 7:00 a.m. to sunset Monday through Saturday.
L. Unauthorized Dumping. Access to the site shall be controlled to prevent
unauthorized dumping.
M. Vehicle Stacking Lanes. All uses shall provide sufficiently-long
stacking lanes into the facility, so that vehicles waiting to be weighed
or loaded/unloaded will not back-up onto public roads.
N. Hay and straw utilized in the processing and preparation of compost
may be stored outside.
O. No hazardous materials may be utilized at any stage of the composting
process including materials to be incorporated into the process.
Q. Construction of the lagoons to contain the water used in the processing
of the compost and of the berms to hold the leachate wastewater must
comply with all state and federal regulations and with state of the
art technology.
R. All local water surface bodies and designated ground water downgrading\side
gradient, monitoring well locations (to be installed by applicant
if not otherwise available) are to be tested for pollutants once a
month at the sole expense of the operator. Such tests will include,
but not be limited to, levels of ammonia, chloride, fecal coliform,
lead and other hazardous substances that are associated with composting
operations in accordance with the Pennsylvania Department of Environmental
Protection and the Chester County Department of Health Regulations.
Air sampling for hazardous pollutants and pathogens will occur on
a monthly basis as the sole expense of the operator. Tests for hazardous
pollutants and pathogens will be consistent with constituents that
are associated with composting operations in accordance with the Pennsylvania
Department of Environmental Protection and the Chester County Health
Department. Copies of said reports shall be forwarded to Lower Oxford
Township and where appropriate, to federal and state agencies on a
monthly basis.
S. Leachate. If leachate is to be discharged into a municipal sewage
facility, appropriate permits shall be obtained from the applicable
agencies and authorities.
T. Minimum Setback. (In addition to the pending proposal) No processing
shall be permitted within 500 feet of any wells, springs, lakes and/or
streams. In addition, any ventilation outlets must be orientated away
from land within a residential zone. The setbacks contained in this
section shall not be reduced for any reason.
2. Applicant. A person wishing to establish a compost operation in the Township shall present an application for a conditional use, pursuant to the procedures specified in §§
27-1410 and
27-1413 of this Chapter
27, which shall contain the following:
A. A topographical drawing, prepared by a registered engineer to a scale
no greater than one inch equals 200 feet, showing:
(1)
Location of site relative to public roads.
(2)
Owners of adjacent properties.
(3)
Proposed fencing and improvements.
B. The identity of the owner of the site and relationship of applicant
to the owner(s). The application shall include a description of all
composting activities in which the owner(s) of the site and/or the
applicant and/or their principals have been engaged under any business
entity including fictional name registrations, partnership names and
corporate names. The description of all composting activities shall
include a history of all notices of violations, cease and desist orders,
and civil and criminal citations under any prior business entity name
in which the owner/applicant(s) were previously engaged.
C. If the proposed use is contiguous to another property being used
for the processing or preparation of compost, the applicant shall
establish that the proposed use and location will not contribute to
or compound any existing adverse safety, health and welfare conditions
as a result of the increased concentration of composting usage. The
Board of Supervisors many deny outright or impose additional conditions
arising out of problems caused by the over concentration of composting
activities in the area in question.
3. Requirements and Standards Applicable to Compost Operation. In considering the application for a commercial compost operation as a conditional use, the Board of Supervisors, acting in conformity with §§
27-1410 through
27-1413 of this Chapter
27, shall require that:
A. Any application for compost operation be in compliance with the requirements
of the Pennsylvania Department of Environmental Protection and that,
prior to the onset of site utilization, a permit be obtained from
the Pennsylvania Department of Environmental Protection for said operations
if the Pennsylvania Department of Environmental Protection so requires.
B. An application must provide an analysis of the physical conditions
of the primary road system serving the proposed use, including information
on current traffic flows on the road system including ingress and
egress to and from Lower Oxford Township and projections of traffic
generated by the proposed use to include anticipated increased noise
level, as well as the projected weight and number of vehicles. Any
such site must have direct access to either an arterial or collector
highway, or a Township road that is paved with a surface and base
course of sufficient depth to withstand traffic loads as established
by the above traffic analysis.
C. The proposed operation will not create a nuisance in the Township
or otherwise impose a hardship on adjoining property owners or with
the Township in general.
D. That provision be made by the applicant that all trucks entering
and leaving the site shall be covered and that as part of the daily
operation of the site roads used for access to the site be patrolled
daily to pick up and dispose of scattered and blowing papers or other
refuse.
E. That the site be properly fenced to prevent blowing papers and other
nuisances on adjoining properties.
F. When completed, be properly maintained such that it does not constitute
a nuisance or danger to the adjoining property owners and to the surrounding
areas from uneven settlement, emission of gases due to waste decomposition,
and potential vandalism from being abandoned.
4. Minimum Acreage. No site shall be approved for a compost operation
which contains less than 10 contiguous acres. In computing site sizes,
properties divided by public roads shall not be deemed contiguous.
No site shall be larger than 15 acres.
5. Any commercial composting site shall apply for and secure the land
development approval by Lower Oxford Township in accordance with the
Pennsylvania Municipalities Code.
6. Performance Bond. In order to assure the Township that the various tests and duties imposed upon an applicant by this Chapter
27 are fully performed, the Board of Supervisors shall require that a sufficient surety for such performance shall be posted by an applicant before issuing any conditional use approval or permit. The applicant shall assure the Township by means of financial security sufficient to cover the cost, as estimated by the Township Engineer, of performing the various tests and duties imposed upon him by the ordinance.
7. Indemnification. In addition to the foregoing requirements, all applicants
to operate a compost operation upon property within the Township of
Lower Oxford shall, prior to the utilization of any site, deliver
to the Township Board of Supervisors a liability indemnification,
on a form to be prepared by or approved by the Township Solicitor,
pursuant to the terms of which, the applicant specifically agrees
to fully indemnify and hold harmless the Township of Lower Oxford
and all of its officers, agents, and employees from any and all liability
and litigation defense costs accruing to any person(s) as a result
of any use of any land in the Township permitted by the Board of Supervisors
pursuant to this section.
[Added by Ord. 1-2012, 6/13/2012]
1. The construction of a solar energy system for commercial purposes will be permitted as a conditional use and shall be subject to the conditions contained in §
27-1202, Subsection
16, and the following conditions:
A. Minimum area of 10 contiguous acres not divided by a road.
B. Financial security satisfactory to Lower Oxford Township.
C. Stormwater management controls. A stormwater management plan shall be submitted to the Township Engineer in accordance with §
27-1202, Subsection
16.
E. The cost to remove the array should it cease to function, which shall
be a part of the financial security identified above.
2. The applicant shall submit a narrative describing the facility, which
shall be reviewed by the Township Engineer and shall be detailed and
technical in nature. The narrative shall include the generating capacity,
the heights of the panels, the maintenance required, the noise level
and any employees on the site. The applicant shall be required to
submit a site plan and is required to submit a land development plan
if the Township Engineer determines that stormwater management is
needed for the site.
3. The applicant must have evidence that the array meets current UCC
regulations.
4. The applicant must submit a lighting plan showing limited use of
light. All lighting fixtures shall be shielded so that they light
only the facility and do not impact neighboring property owners and
are no higher than 20 feet.
5. The transmission lines for a facility to transmit the electricity
shall be underground, unless the applicant can show an extreme hardship,
in which case the Board of Supervisors may modify this condition.
6. All facilities shall have both warning signs and a fence at least
six feet in high. The applicant shall show evidence of that fence
construction at the time of conditional use application.
[Added by Ord. 1-2012, 6/13/2012]
1. The construction of a wind energy system - commercial industrial scale, where permitted as a conditional use, is subject to the conditions contained in §
27-1202, Subsection
17, and the following conditions:
A. Minimum area of 10 contiguous acres not divided by a road.
B. Financial security satisfactory to Lower Oxford Township.
C. Stormwater management controls. A stormwater management plan, including
calculations, shall be submitted to the Township Engineer. If the
calculations show stormwater runoff in excess of that previously on
the site, a plan shall be submitted to control said runoff.
D. The plan showing the construction and location of each tower or turbine.
E. The cost to remove the array should it cease to function, which shall
be a part of the financial security identified above.
2. The applicant shall submit a narrative describing the facility, which
shall be used by the Township Engineer and shall be detailed and technical
in nature. The narrative shall include the generating capacity, the
height of the turbines, the maintenance required, the noise level,
and whether any employees shall remain on the site. The applicant
shall be required to submit a site plan and a land development plan
if the Township Engineer determines that stormwater management, in
accordance with regulations in this chapter, is required.
3. The applicant must present evidence that the array or that the facility
meets current UCC regulations.
4. The applicant must submit a lighting plan showing limited use of
light. All lighting fixtures shall be shielded so that they light
only the facility, do not impact neighboring property owners and are
no higher than 20 feet. If other government regulations require lighting
for the height of the turbines, such requirements must be submitted
to the Township Engineer for review.
5. The transmission lines for a facility to transmit the electricity
shall be underground, unless the applicant can show an extreme hardship,
in which case the Board of Supervisors may modify this condition.
6. All such facilities shall have both warning signs and shall be fenced
at least six feet in height. The applicant shall show evidence of
that fence construction at the time of the conditional use application.
[Added by Ord. 2-2014, 9/24/2014]
1. Unified commercial/light industrial developments are permitted as
conditional uses in the C-1, C-2 and C-3 Zones.
A. The unified commercial/light industrial development shall comply
with the following standards:
(1)
Only those uses permitted as uses by right or as a conditional
use in each of the three commercial zones shall be permitted within
a unified commercial/light industrial development.
(2)
The unified commercial/light industrial development must be
served by a public or community water supply.
(3)
The unified commercial/light industrial development must be
served by a public or community sewage treatment system.
(4)
Each tract shall meet the following requirements:
(a)
A minimum net tract area of four acres.
(b)
The minimum width of the tract measured at the existing street
right-of-way line abutting the tract to be developed shall be 100
feet.
(c)
The tract coverage after development shall not exceed 80%.
(d)
The minimum front yard setback shall be 100 feet.
(e)
The minimum side and rear yard setback shall be 50 feet.
B. Additional Regulations.
(1)
Unified commercial/light industrial development shall be in
compliance with use regulations under Part 11, Design Standards.
(2)
Unified commercial/light industrial development shall comply with regulations contained in §
27-1109, Subsection
3, concerning nonresidential parking, and §
27-1109, Subsection
4, Joint Parking Lots.
(3)
Site Design. Development of a unified commercial/light industrial
development is intended to result in a grouping of structures that
conforms to the standards contained in this chapter and which enhances
the access and management of vehicular access to arterial and collector
streets and highways, limiting such access where reasonable to no
more than one point of ingress or egress for each portion of the lot
which has road frontage.
(4)
The landscaping shall comply with other provisions of this chapter and the Lower Oxford Township Subdivision Ordinance [Chapter
22] but shall demonstrate a cohesive design pattern for the entire tract for pedestrian walks or paths and vehicular circulation and parking. In particular, pedestrian access within the site shall be designed to provide convenient, safe and direct access between the various uses within the unified commercial/light industrial development as well as access of a hearby concentration of development, either residential or commercial, where applicable.
(5)
Unified commercial/light industrial use shall be screened from any adjacent residential district in accordance with §
27-1101 of this chapter.
(6)
Signage.
(a)
In any unified commercial/light industrial development, the sign regulations under §
27-1808, Shopping Centers, shall apply, with the exception of Subsection 1A, Project Identification Signs. No project identification signs are permitted for a unified commercial/light industrial development.
[Added by Ord. 2-2015, 1/14/2015]
1. The applicant, prior to receiving a zoning and building permit, shall
provide Lower Oxford Township with financial security of a kind satisfactory
to Lower Oxford Township to insure the complete removal of the structure
and the automatic changeable-copy sign face billboard when it is no
longer used. Such financial security shall be in effect for the entire
period of time the automatic changeable-copy sign face billboard is
on location.
2. The applicant shall provide evidence of a license or easement to
access the property from any adjacent property owners whose property
is necessary to be crossed to get access the billboard structure.
3. The amount of the financial security shall be updated every three
years at the request of the Township and in an amount determined in
the sole discretion of the Lower Oxford Township Engineer, such amount
not to be unreasonably determined.
[Added by Ord. 2-2016, 7/13/2016]
1. The keeping of female-only poultry, including chickens and ducks
and no other, for nonagricultural purposes as an accessory residential
use only shall be permitted in all districts subject to the following
conditions:
A. The provision for the keeping of poultry shall refer to hens or females
only. Any reference to "poultry" means only hens or females and specifically
not males or roosters.
B. No roosters nor any other male-gendered poultry are permitted.
C. Minimum lot size equals two acres.
D. A maximum of 12 hens or female poultry may be kept on a minimum two-acre
lot as an accessory residential use. For each additional acre, six
hens or female poultry may be kept.
E. All hens or female poultry must be kept in a structure that is fully
enclosed.
(1)
Each structure must have a fenced enclosure around the structure.
(2)
The poultry structure and fenced enclosure must be located only
in the rear yard.
(3)
The structure must provide a minimum of two square feet per
hen.
(4)
The structure must meet applicable setback requirements for
the zone in which the lot is located.
(5)
Notwithstanding any other setback requirements, such poultry
structure must be set a minimum of 25 feet from all dwellings and
all property lines.
(6)
The fenced enclosure must have a minimum of four square feet
per hen/female poultry and must be set back a minimum of 10 feet from
all property lines.
F. Poultry are not permitted to run at large at any time.
(1)
Permitting poultry to run at large on any public land, including,
but not limited to, sidewalks, streets, roads, alleys, and parks,
shall be a violation of this chapter and shall be enforced as such.
(2)
Permitting poultry to run at large on any private property belonging
to another shall be a violation of this chapter and shall be enforced
as such.
(3)
It is unlawful for poultry to run loose on the property of the
person owning the poultry and is in violation of this chapter and
shall be enforced as such.
G. The living environment for the poultry must be kept free of manure
and other waste.
(1)
Upon a complaint by neighboring property owners or occupiers
that the facility has accumulated poultry manure and/or deceased poultry
or rotten eggs, creating a health hazard in the form of accumulation
of flies and other vermin, including rats and mice, then in that event
such condition is hereby determined to be a violation of this chapter
and shall be enforced as such.
(2)
All feed for said poultry must be kept in rodentproof closed
containers.
(3)
The accumulation of feed outside of closed containers shall
be a violation of this chapter and shall be enforced as such.