Township of West Vincent, PA Article XXIII General Regulations

§ 390-144 Accessory buildings; accessory structures; accessory dwelling units.

A. Front-yard regulations for accessory buildings and structures.

(1) Accessory buildings and structures (excluding accessory dwelling units and accessory agricultural buildings and structures) may be located within the front yard so long as the total ground floor area or building footprint is no greater than the total ground floor area or building footprint of the principal building on the lot. The minimum front-yard setback of the accessory building or structure shall be no less than the following:

		Minimum Setback from Ultimate Right-of-Way of Existing Road/Street (feet)	Minimum Setback from Ultimate Right-of-Way of New Road/ Street (feet)
RC District
Tier I Subdivision		150	100
Tier II Subdivision		150	100
Tier III Subdivision		75	50
Tier IV Subdivision		75	40
R-3 District
Tier I Subdivision		125	100
Tier II Subdivision		125	100
Tier III Subdivision		75	40
Tier IV Subdivision		75	30
R-2 District
Tier I Subdivision		125	100
Tier II Subdivision		125	100
Tier III Subdivision		75	30
Tier IV Subdivision		75	20

(2) Accessory buildings and structures (excluding accessory dwelling units and accessory agricultural buildings and structures) may be located less than the above distances from the ultimate right-of-way of existing roads or streets only under the following conditions:

(a) In no case shall accessory buildings or structures be situated less than the required minimum yard setback area allowed from the ultimate right-of-way of new or existing roads or streets for principal buildings or structures in the applicable district and design option.

(b) Accessory buildings and structures shall be screened according to § 390-139B of this chapter.

(3) Accessory agricultural buildings and structures may be located within the front yard, but in no case shall the minimum front yard for the accessory building or structure be less than the distance allowed from the ultimate right-of-way of roads or streets for principal buildings or structures in the applicable district and design option.

(4) An accessory dwelling unit may be located in the front yard only when the accessory dwelling unit is situated within an existing building (existing as of the date of the enactment of this chapter) that is being converted into an accessory dwelling unit or where the accessory dwelling unit will be set back a minimum of 350 feet from the front property line of the parcel. Otherwise, accessory dwelling units must be located in the side yards, at least 15 feet behind the front facade of the primary dwelling unit, or located in the rear yard.

B. Side-yard and rear-yard setbacks for accessory buildings and structures over 500 square feet. Side- and rear-yard setbacks for accessory buildings and structures larger than 500 square feet shall be the same as those for principal buildings.

C. Side-yard setbacks for accessory buildings and structures under 500 square feet.

(1) RC and R-3 Districts.

(a) Tier I subdivision: five feet.

(b) Tier II subdivision: five feet.

(c) Tier III subdivision: five feet.

(d) Tier IV subdivision: five feet.

(2) R-2 District.

(a) Tier I subdivision: 10 feet.

(b) Tier II subdivision: 10 feet.

(c) Tier III subdivision: five feet.

(d) Tier IV subdivision: five feet.

D. Rear-yard setbacks for accessory buildings and structures under 500 square feet.

(1) RC, R-3 and R-2 Districts.

(a) Tier I subdivision: 10 feet.

(b) Tier II subdivision: 10 feet.

(c) Tier III subdivision: five feet.

(d) Tier IV subdivision: five feet.

E. Accessory dwellings. Where accessory dwellings, including but not limited to accessory apartments, carriage houses, tenant houses, or other accessory-dwelling-unit types, are permitted, the following provisions shall apply:

(1) All accessory dwelling units shall be designed to harmonize with vernacular rural buildings in the Township's historic landscape.

(2) Except as specifically provided in this section, a maximum of one accessory dwelling unit shall be permitted on any lot that is less than 25 acres, provided that all performance standards of this chapter are met. Except as specifically provided in this section, there shall be permitted a maximum of two accessory dwelling units on any building lot containing 25 or more acres, provided all performance standards of this chapter are met. An accessory apartment within a principal dwelling and the conversion of an existing barn into accessory apartment shall be allowed on any size parcel.

(3) Unless otherwise specified in this chapter, the habitable floor area of the accessory dwelling units shall not exceed 1,800 square feet.

(4) The off-street parking requirements of this chapter shall apply to each accessory dwelling unit.

(5) All sewage disposal and water system connections shall be approved by the Chester County Health Department prior to the issuance of a building permit.

(6) Separate cooking and lavatory facilities shall be provided for each accessory dwelling unit.

(7) All accessory dwelling units shall comply with the Township Building Code.

(8) For accessory dwelling units detached and freestanding from the principal dwelling, the following additional requirements shall apply:

(a) Accessory dwelling units shall be set back a minimum of 10 feet from the principal dwelling.

(b) The owner(s) of the parcel must reside in one of the dwelling units on the parcel.

(c) The accessory dwelling unit shall use the same driveway as the primary dwelling unit, unless the Board determines, in its sole discretion, that better planning will be achieved through the use of a separate, additional driveway, due to the unique characteristics of the property.

(9) The following additional accessory dwelling types are permitted on all parcels (regardless of size), provided that the following additional requirements shall apply to specific accessory-dwelling-unit types.

(a) Accessory apartment within the principal dwelling:

[1] Only one accessory apartment shall be permitted per single-family dwelling.

[2] The maximum size shall not exceed 25% of the total habitable floor area of the principal dwelling.

[3] Accessory apartments shall contain individual entrances.

[4] Required parking spaces shall be incorporated into existing facilities so as to avoid the creation of a second parking area on the lot.

(b) Accessory apartments in existing barns:

[1] For existing barns (i.e., those in existence as of the date of the enactment of this chapter), there shall be no impervious coverage limitation for such accessory apartments, provided that the impervious coverage of the existing barn does not increase beyond 1,000 square feet due to the inclusion of the accessory apartment.

[2] Additional apartments up to four in number may be allowed by conditional use in existing barns.

(c) Accessory dwelling units in historic resources. Accessory dwelling units shall be permitted in historic resources, in compliance with § 390-191 of this chapter, irrespective of any minimum lot size, maximum impervious coverage or maximum habitable floor area requirements set forth in this section (provided that the impervious coverage of the historic resource is not increased beyond 1,000 square feet due to the conversion of the historic resource to an accessory dwelling unit).

(10) The following additional accessory dwelling types are permitted on all parcels of five acres or less, provided that the following requirements shall apply to specific accessory-dwelling-unit types.

(a) Accessory dwelling in a freestanding building existing as of the date of adoption of this chapter (on parcels of five acres or less):

[1] Such dwellings shall be located in the side or rear yard areas only.

[2] Such accessory dwellings shall have a maximum impervious coverage of 1,000 square feet. To the extent that the footprint of an existing freestanding building is (or must be) expanded in order to accommodate a proposed accessory dwelling unit, the same shall be subject to the regulations set forth below at Subsection E(11) of this section. Units shall have a maximum height of 25 feet or two-story equivalent (whichever is lesser), unless the unit is placed in an existing building (in which case, the height of the existing building may not be increased).

[3] Required parking spaces shall be incorporated into existing facilities so as to avoid the creation of a second parking area on the lot.

[4] Accessory dwellings in such existing freestanding buildings may be owned in a condominium form of ownership, in conformance with state law, and sold as a condominium to a third party, subject to the applicant obtaining any necessary approvals pursuant to Chapter 315, Subdivision and Land Development, of the West Vincent Township Code.

(b) Accessory dwelling in a freestanding buildings not existing as of the date of adoption of this chapter (on parcels of five acres or less). Accessory dwellings shall not be permitted in freestanding buildings not in existence as of the date of the adoption of this chapter (on parcels of five acres or less in area).

(11) For parcels in excess of five acres, the following additional accessory dwelling types are permitted, provided that the following requirements shall apply to specific accessory-dwelling-unit types.

(a) Accessory dwelling in a freestanding building:

[1] Such dwellings shall be located in the side or rear yard areas only.

[2] The buildings in which such dwellings are located shall have a maximum impervious coverage of 1,000 square feet. In the event that there is an attached garage servicing the building in which the accessory dwelling unit is situated, the impervious coverage of the accessory-dwelling-unit building and the attached garage shall have an aggregated maximum impervious coverage of 1,600 square feet. In the event that the accessory dwelling unit is on the second floor of a garage, and the habitable floor area of the accessory dwelling unit is greater than, or coterminous with, the floor area devoted to use as a garage, a freestanding building housing an accessory dwelling unit may have a maximum impervious coverage of 1,000 square feet. Units shall have a maximum height of 25 feet or two-story equivalent (whichever is lesser) unless the unit is placed in an existing building (in which case, the height of the existing building may not be increased).

[3] Required parking spaces shall be incorporated into existing facilities so as to avoid the creation of a second parking area on the lot.

[4] Accessory dwellings in freestanding buildings may be owned in a condominium form of ownership, in conformance with state law, and sold as a condominium to a third party, subject to the applicant obtaining any necessary approvals pursuant to Chapter 315, Subdivision and Land Development, of the West Vincent Township Code.

(12) Tenant houses. Where a property is an active agricultural operation and has 50 or more contiguous acres, one tenant house may be allowed by conditional use for every 25 acres for tenancy by workers for the agricultural operation or for family members of the owner of the parcel. If there is a request for more than one tenant house on a property, multifamily units will be encouraged. Each tenant house shall have a maximum impervious coverage of 2,500 square feet.

§ 390-145 Alternative energy sources.

The construction, erection or placement of structures designed to utilize alternative energy sources, including, but not limited to, windmills, solar collectors and systems, and geothermal heat pumps shall be permitted as accessory uses under the following conditions:

A. Wind energy facilities (windmill farms).

(1) This subsection shall apply to all wind energy facilities proposed to be constructed after the effective date of the chapter, except that this section is not intended to apply to the use or construction of stand-alone wind turbines as an accessory use and accessory structure use for residential or agricultural use, as regulated below.

(2) Wind energy facilities constructed prior to the effective date of this chapter shall not be required to meet the requirements of this section, provided that any physical modification to an existing wind energy facility that materially alters the size, type and number of wind turbines or other equipment shall require conditional use approval under this section.

(3) A wind energy facility is permitted only by conditional use in all zoning districts. In order to obtain conditional use approval for a wind energy facility, the applicant must establish compliance with all criteria set forth in this section, together with those provisions set forth in § 390-219. No wind energy facility, or addition of a wind turbine to an existing wind energy facility, shall be constructed or located within the Township unless a conditional use has been granted to the wind energy facility owner or operator, approving construction of the facility under this section, by the Township Board of Supervisors. Any physical modification to an existing and permitted wind energy facility that alters the size, type and number of wind turbines or other equipment shall require conditional use approval under this chapter. Like-kind replacements of equal or lesser size and number shall not require a permit modification.

(a) Conditional use application. Among other things, the conditional use application shall contain the following, which the applicant bears the burden of establishing during such conditional use proceedings:

[1] A narrative describing the proposed wind energy facility, including an overview of the project; the project location; the approximate generating capacity of the wind energy facility; the approximate number, representative types and height or range of heights of wind turbines to be constructed, including their generating capacity, dimensions and respective manufacturers, and a description of ancillary facilities.

[2] An affidavit or similar evidence of agreement between the property owner and the wind energy facility owner or operator demonstrating that the facility owner or operator has the permission of the property owner to apply for necessary permits for construction and operation of the wind energy facility.

[3] An identification of the properties on which the proposed wind energy facility will be located and the properties adjacent to where the wind energy facility will be located.

[4] A site plan, showing the planned location of each wind turbine, property lines, setback lines, access road and turnout locations, substation(s), electrical cabling from the wind energy facility to the substation(s), ancillary equipment, buildings and structures, including permanent meteorological towers, associated transmission lines, and layout of all structures within the geographical boundaries of any applicable setback.

[5] Documents related to decommissioning.

[6] Other relevant studies, reports, certifications and approvals as may be reasonably requested by the Township to ensure compliance with this section.

[7] Design and installation. In applying for conditional use relief, the applicant shall demonstrate that the design of the wind energy facility shall conform to standards set forth below, together with applicable industry standards, including those of the American National Standards Institute. The applicant shall submit certificates of design compliance obtained by the equipment manufacturers from Underwriters Laboratories, Det Norske Veritas, Germanischer Lloyd Wind Energies, or other similar certifying organizations.

(b) Standards and restrictions for wind energy facilities.

[1] Uniform Construction Code. To the extent applicable, the wind energy facility shall comply with the Pennsylvania Uniform Construction Code, 34 Pa. Code §§ 403.1 to 403.142, as amended from time to time.

[2] Controls and brakes. All wind energy facilities shall be equipped with a redundant braking system. This braking system shall include both aerodynamic overspeed controls (including variable pitch, tip, and other similar systems) and mechanical brakes. Mechanical brakes shall be operated in a fail-safe mode. Stall regulation shall not be considered a sufficient braking system for overspeed protection.

[3] Electrical components. All electrical components of the wind energy facility shall conform to relevant and applicable local, state and national codes, and relevant and applicable international standards.

[4] Visual appearance. Wind turbines shall be a nonobtrusive color such as white, off-white or gray.

[5] Lighting. Wind energy facilities shall not be artificially lighted, except to the extent required by the Federal Aviation Administration or other applicable authority that regulates air safety.

[6] Wind turbines shall not display advertising, except for reasonable identification of the turbine manufacturer, facility owner and operator.

[7] On-site transmission and power lines between wind turbines shall be placed underground.

[8] Warnings. A clearly visible warning sign concerning the voltage dangers associated with the wind energy facility must be placed at the base of all pad-mounted transformers and substations. Visible, reflective, colored objects, such as flags, reflectors or tape, shall be placed on the anchor points of guy wires and along the guy wires up to a height of 10 feet from the ground.

[9] Climb prevention/locks. Wind turbines shall not be climbable up to 15 feet above ground surface. All access doors to wind turbines and electrical equipment shall be locked or fenced to prevent entry by nonauthorized persons.

[10] Setbacks.

[a] Wind turbines shall be set back from the nearest occupied building (being defined as a residence, school, hospital, church, public library or other building used for public gathering that is occupied or in use when the permit application is submitted) a distance not less than the normal setback requirements for that zoning classification or 1.1 times the turbine height, whichever is greater. The setback distance shall be measured from the center of the wind turbine base to the nearest point on the foundation of the occupied building.

[b] Wind turbines shall be set back from the nearest occupied building located on an adjoining property a distance of not less than five times the hub height, as measured from the center of the wind turbine base to the nearest point on the foundation of the occupied building.

[c] Property lines. All wind turbines shall be set back from the nearest property line a distance of not less than the normal setback requirements for that zoning classification or 1.1 times the turbine height, whichever is greater. The setback distance shall be measured to the center of the wind turbine base.

[d] Public roads. All wind turbines shall be set back from the nearest public road a distance of not less than 1.1 times the turbine height, as measured from the right-of-way line of the nearest public road to the center of the wind turbine base.

[e] Waiver of setbacks.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

[i] The Township may grant a waiver of the setback provisions set forth in § 390-145A(3)(b)[10][a] and [b], if the applicant can establish that the imposition of the setback constitutes an undue hardship and if all affected nonparticipating landowners execute a written waiver with respect to such setbacks, in a form and substance satisfactory to the Township. Inter alia, the written waiver shall notify the nonparticipating landowners of the setback required by this chapter, describe how the proposed wind energy facility is not in compliance, and state that consent is granted for the wind energy facility to not be set back as required by this chapter.

[ii] Any such waiver shall be recorded in the Recorder of Deeds office for the county where the property is located. The waiver shall describe the properties benefited and burdened and advise all subsequent purchasers of the burdened property that the waiver of setback shall run with the land and may forever burden the subject property.

[11] Use of public roads. The applicant shall identify all Township roads to be used within the Township to transport equipment and parts for construction, operation or maintenance of the wind energy facility. The Township Engineer or a qualified third-party engineer hired by the Township and paid for by the applicant shall document road conditions prior to construction. The engineer shall document road conditions again 30 days after construction is complete or as weather permits. The Township may bond the road in compliance with state law or state regulations. Any road damage caused by the applicant or its contractors shall be promptly repaired at the applicant's expense. The applicant shall demonstrate that it has appropriate financial assurance to ensure the prompt repair of damaged roads and shall post financial security with the Township for such purpose.

[12] Local emergency services. The applicant shall provide a copy of the project summary and site plan to local emergency services, including paid or volunteer fire department(s). Upon request, the applicant shall cooperate with emergency services to develop and coordinate implementation of an emergency response plan for the wind energy facility.

[13] Noise and shadow flicker.

[a] Audible sound from a wind energy facility shall not exceed 55 dBA, as measured at the exterior of any occupied building on a nonparticipating landowner's property. Methods for measuring and reporting acoustic emissions from wind turbines and the wind energy facility shall be equal to or exceed the minimum standards for precision described in AWEA Standard 2.1 - 1989, titled "Procedures for the Measurement and Reporting of Acoustic Emissions from Wind Turbine Generation Systems, Volume I: First Tier."

[b] The facility owner and operator shall make reasonable efforts to minimize shadow flicker to any occupied building on a nonparticipating landowner's property.

[14] Waiver of noise and shadow flicker provisions. The Township Board of Supervisors may grant a waiver of the noise and shadow flicker provisions of this chapter, upon the applicant submitting a signed, written waiver of such rights of all neighboring property owners within 500 feet of the boundary of the property, in form and substance satisfactory to the Township. The written waiver shall notify the property owner(s) of the sound or flicker limits in this chapter, describe the impact on the property owner(s), and state that the consent is granted for the wind energy facility to not comply with the sound or flicker limit in this chapter. Any such waiver shall be recorded in the Recorder of Deeds Office of Chester County. The waiver shall describe the properties benefited and burdened and advise all subsequent purchasers of the burdened property that the waiver of sound or flicker limit shall run with the land and may forever burden the subject property.

[15] Signal interference. The applicant shall make reasonable efforts to avoid any disruption or loss of radio, telephone, television or similar signals, and shall mitigate any harm caused by the wind energy facility.

[16] Liability insurance. The applicant shall maintained a current general liability policy covering bodily injury and property damage with limits of at least $1,000,000 per occurrence and $1,000,000 in the aggregate. Certificates shall be made available to the Township upon request.

[17] Decommissioning.

[a] The facility owner and operator shall, at its expense, complete decommissioning of the wind energy facility or individual wind turbines within 12 months after the end of the useful life of the facility or individual wind turbines. The wind energy facility or individual wind turbines will presume to be at the end of its useful life if no electricity is generated for a continuous period of 12 months.

[b] Decommissioning shall include removal of wind turbines, buildings, cabling, electrical components, roads, foundations to a depth of 36 inches, and any other associated facilities.

[c] Disturbed earth shall be graded and reseeded, unless the landowner requests in writing that the access roads or other land surface areas not be restored.

[d] The applicant shall provide to the Township, for its review and approval, an estimate of the total cost of decommissioning ("decommissioning costs"), without regard to salvage value of the equipment, and the cost of decommissioning net salvage value of the equipment ("net decommissioning costs"). Said estimates shall be submitted to the Township after the first year of operation and every fifth year thereafter.

[e] The facility owner or operator shall post and maintain financial security in an amount to cover decommissioning funds in an amount equal to net decommissioning costs, provided that at no point shall decommissioning funds be less than 25% of decommissioning costs. The decommissioning funds shall be posted and maintained with a bonding company or federal- or commonwealth-chartered lending institution chosen by the facility owner or operator and participating landowner posting the financial security, provided that the bonding company or lending institution is authorized to conduct such business within the commonwealth and is approved by the Township.

[f] Decommissioning funds may be in the form of a performance bond, surety bond, letter of credit, corporate guarantee or other form of financial assurance as may be acceptable to the Township.

[g] If the facility owner or operator fails to complete decommissioning within the period prescribed by Subsection A(3)(b)[17][a], then the participating landowner shall have six months to complete decommissioning.

[h] If neither the facility owner or operator, nor the participating landowner, complete decommissioning within the periods prescribed by Subsection A(3)(b)[17][a] and [g], then the Township may take such measures as necessary to complete decommissioning. The entry into and submission of evidence of a participating landowner agreement to the Township shall constitute agreement and consent of the parties to the agreement, their respective heirs, successors and assigns, that the Township may take such action as necessary to implement the decommissioning plan.

[i] The escrow agent shall release the decommissioning funds when the facility owner or operator has demonstrated and the Township concurs that decommissioning has been satisfactorily completed or upon written approval of the Township in order to implement the decommissioning plan.

[18] Public inquiries and complaints.

[a] The facility owner and operator shall maintain a phone number and notify the Township of a responsible person for the public to contact with inquiries and complaints throughout the life of the project. Such individual shall have the authority to act on behalf of the facility owner and operator.

[b] The facility owner and operator shall make reasonable efforts to respond to the public's inquiries and complaints.

B. Geothermal heat pumps.

(1) The installation and use of geothermal heat pumps may be permitted as a conditional use by the Board of Supervisors per § 390-219 of this chapter and the following additional requirements:

(a) No geothermal heat pump shall be installed or used without a building permit first being issued by the Township.

(b) All geothermal heat pump systems shall comply with Chapter 368, Article I, Well Development, of the West Vincent Township Code and other applicable county, Delaware River Basin Commission, state or federal regulations.

(c) As part of the conditional use application, the Township must receive a report on the yield of the supply and recharge of the groundwater system as part of the heat pump installation. Yield must be adequate to meet the demands of the manufacturer's specifications for the equipment and all other water needs for the uses on the lot without interfering with the water supplies of adjacent properties. The Board of Supervisors may require such consultants' or engineers' evaluation as it deems advisable to submit a recommendation to the Board. Such recommendation must be satisfactory to the Board prior to conditional use approval. The costs of such reports and review shall be borne by the applicant.

(d) The discharge or effluent from a geothermal heat pump system must be returned to the groundwater through a recharge well and the system so maintained that there is no outflow to the surface of the ground or any surface waters.

(e) Any recharge well must be located at least 100 feet from any subsurface septic or sewage disposal system. Well caps shall conform to the Chester County Health Department regulations.

(f) Nothing except heat may be added to or subtracted from the water being reinjected after having been pumped through the cooler or heater. Sediment filters are allowed.

(g) No change in any system design or in the capacity for water utilization for which approval has been granted may be made without prior approval by the Zoning Officer with consultation with the Township Engineer/Hydrogeologist.

(2) "Closed-loop" systems in which groundwater is not extracted shall be exempt from the conditional use requirements of this section if, in the opinion of the Township Engineer, such system will not adversely affect the quantity or quality of the area groundwater or surface water. Such systems shall comply with Subsection B(1)(a) and (b) above.

C. Solar collectors and systems. Any device, structure or system which is used primarily to transform solar energy into thermal, chemical or electrical energy, including any space or structural components specifically designed to retain heat derived from solar energy, photosynthetic process, energy storage facility and components for the distribution of transformed energy shall comply with the Township Building Code and the UCC Uniform Construction Code, as revised, and the following additional provisions:

(1) Solar collectors or systems as a separate structure shall be excluded from the calculation of maximum lot coverage.

(2) Solar collectors or systems mounted or installed on buildings or structures shall not exceed the height limitations for the district in which they are located.

D. Stand-alone windmills as an accessory use.

(1) Purpose. It is the purpose of this regulation to promote the safe, effective and efficient use of stand-alone wind energy systems installed to reduce the on-site consumption of utility-supplied electricity.

(2) Findings. The Township of West Vincent finds that wind energy is an abundant, renewable and nonpolluting energy resource and that its conversion to electricity will reduce our dependence on nonrenewable energy resources and decrease the air and water pollution that results from the use of conventional energy sources. Stand-alone wind energy systems will also enhance the reliability and power quality of the power grid, reduce peak power demands, and help diversify the state's energy supply portfolio. Small wind systems also make the electricity supply market more competitive by promoting customer choice. Therefore, the Township finds that it is necessary to standardize and streamline the proper issuance of building permits for stand-alone wind energy systems so that this clean, renewable energy resource can be utilized in a cost-effective and timely manner.

(3) Permitted use. Stand-alone wind energy systems shall be a permitted accessory use in all zoning districts, subject to certain requirements as set forth in this section. Stand-alone wind energy systems with a rated capacity of greater than 100 kW shall only be permitted as accessory uses to nonresidential uses, noting that such uses shall be limited to use for on-site energy consumption, and which shall be subject to compliance with the requirements in Subsection D(4) below.

(4) General requirements.

(a) Turbine height limitation. For property sizes less than one acre, the turbine height shall be limited to 50 feet. For property sizes of one acre or more, there is no limitation on turbine height, except as imposed by FAA regulations.

(b) Wind turbines. Only stand-alone wind energy systems approved under a small wind certification program recognized by the American Wind Energy Association are permitted. The applicant shall submit certificates of design compliance obtained by the equipment manufacturers from Underwriters Laboratories, Det Norske Veritas, Germanischer Lloyd Wind Energies, or other similar certifying organizations. The stand-alone wind energy system must conform to industry standards, including those of the American National Standards Institute.

(c) Compliance with Uniform Construction Code. To the extent applicable, stand-alone wind energy systems shall comply with the Pennsylvania Uniform Construction Code, Act 45 of 1999, as amended, and the regulations adopted by the Pennsylvania Department of Labor and Industry. Building permit applications for stand-alone wind energy systems shall be accompanied by standard drawings of the wind turbine structure, including the tower, base and footings. Applicant must submit an engineering analysis of the tower, showing compliance with the Uniform Construction Code, certified by a licensed professional engineer.

(d) Wind turbines shall not be directly affixed to an existing building unless the applicant submits certification from an engineer as to the structural capacity of the building to handle such turbines.

(e) Controls and braking. All stand-alone wind energy systems shall be equipped with a redundant braking system, including aerodynamic overspeed controls (including variable pitch, tip and other similar systems) and mechanical brakes. Mechanical brakes shall be operated in a fail-safe mode. Stall regulation shall not be considered a sufficient braking system for overspeed protection.

(f) Power failure. If a stand-alone wind energy system is connected to the grid of a electric utility, the stand-alone wind energy system must incorporate controls to automatically cease any transmission of electricity from the stand-alone wind energy system to the electric utility grid in the event of a power failure. The approval of such controls must be obtained from the public electric utility provider to which the stand-alone wind energy system is connected.

(g) Compliance with FAA regulations. Stand-alone wind energy systems must comply with applicable FAA regulations, including any necessary approvals for installations close to airports.

(h) Electrical components. All electrical components of the stand-alone wind energy system shall conform to the relevant and applicable local, state and national codes, and relevant and applicable international standards. Particularly, building permit applications for stand-alone wind energy systems shall be accompanied by a line drawing of the electrical components in sufficient detail to allow for a determination that the manner of installation conforms to the National Electrical Code.

(i) Utility notification. No stand-alone wind energy system shall be installed until evidence has been given that the utility company has been informed of the customer's intent to install an interconnected customer-owned generator and that such utility has approved the same. Off-grid systems shall be exempt from this requirement.

(j) Inclement weather. All stand-alone wind energy systems shall be designed to lower or as a tilt-down system in the event of inclement weather.

(k) Visual appearance; lighting; power lines.

[1] Wind turbines shall be painted a nonreflective, nonobtrusive color.

[2] Wind turbines shall not be artificially lighted, except to the extent required by the FAA or other applicable authority.

[3] Wind turbines shall not be used for displaying any advertising except for reasonable identification of the manufacturer or operator of the wind turbine.

[4] On-site transmission and power lines shall, to the maximum extent possible, be placed underground. Electrical controls and control wiring and power lines shall be wireless or not above ground, except where wind farm collector wiring is brought together for connection to the transmission or distribution network adjacent to that network.

[5] A clearly visible warning sign concerning voltage shall be placed at the base of all pad-mounted transformers and substations for wind turbines.

[6] Visible, reflective colored objects, such as flags, reflectors or tape, shall be placed on the anchor points of guy wires and along the guy wires up to a height of 10 feet.

(l) Setbacks. The following setbacks and separation requirements shall apply:

[1] Property lines. Each stand-alone wind energy system shall be set back from the nearest property line a distance no less than 1.1 times the turbine height.

[2] Public roads. Each stand-alone wind energy system shall be set back from the nearest public road a distance no less than 1.1 times the turbine height, with the nearest public road being determined at the nearest boundary of the underlying right-of-way for such public road.

[3] Communication and electrical lines. Each stand-alone wind energy system shall be set back from the nearest aboveground public electric power line or telephone line a distance no less than 1.1 times its turbine height, determined from the existing power line or telephone line.

[4] There are no setback requirements between wind turbines and other buildings or structures within an individual's property, provided that building and yard setbacks from adjacent properties are met (as are set forth in the area, yard and height regulations applicable to each zoning district). The owner shall accept liability for any damage caused by the stand-alone wind energy system.

(m) Noise. Noise due to stand-alone wind energy systems shall not exceed the sound decibel limitations set forth in § 390-145A(3)(b)[13][a] above for any period of time, when measured at the property line.

(n) Minimum ground clearance. The blade tip of any wind turbine rotor shall, at its lowest point, have ground clearance of no less than 15 feet.

(o) Signal interference. The applicant shall minimize or mitigate any interference with electromagnetic communications, such as radio, telephone or television signals, caused by any stand-alone wind energy system.

(p) Safety.

[1] All wiring between stand-alone wind energy systems, wind turbines and the facilities served thereby shall be underground.

[2] Climb prevention/locks. Wind turbines shall not be climbable up to 15 feet above ground surface. All access to stand-alone wind energy systems, including wind turbines and the associated electrical equipment, shall be locked or fenced, as appropriate, to prevent entry by unauthorized persons.

(q) Insurance. The landowner on whose property a stand-alone wind energy system is proposed shall provide the Township with proof of insurance sufficient to cover any personal injury and/or property damage to adjacent property owners or others caused by installation or result of installation. Yearly proof of insurance must be submitted to the Township.

(r) Decommissioning; removal.

[1] Should any of the following events occur, the landowner shall be responsible to decommission and remove the stand-alone wind energy system:

[a] If the landowner has ceased use or operation of the system for a period of greater than six months and after notice from the Township of the same the landowner has failed to certify its intent to recommence and to recommence its use or operation of the system within 30 days of receipt of such notice from the Township;

[b] If the Township through its Zoning Officer or Codes Enforcement Officer, as applicable and appropriate, determines that the system is not compliant with the requirements of this chapter and/or the permit approving the construction of the same; or

[c] If the system poses a threat to the public health, safety or welfare, which threat is not remedied by the landowner upon notice and within the time period prescribed by the Township.

[2] In the event that the system poses an immediate threat to the public health, safety or welfare, the Township is authorized to take appropriate steps to decommission the stand-alone wind energy system and/or to abate the immediate threat, the costs of which shall be borne by the landowner or, if the landowner refuses to remit payment for the same, may be imposed as a lien against the property.

[3] Decommissioning shall include removal of wind turbines, buildings, cabling, electrical components, roads, foundations to a depth of 36 inches, and any other associated facilities.

[4] Disturbed earth shall be graded and reseeded, unless the landowner requests in writing that the access roads or other land surface areas not be restored.

[5] In the event that the landowner does not complete the decommissioning within six months of the occurrence of any of the events set forth in Subsection D(4)(r)[1] above, the Township may decommission the system, the costs of which shall be borne by the landowner or, if the landowner refuses to remit payment for the same, may be imposed as a lien against the property.

[6] The issuance of any building permit for construction of a stand-alone wind energy system shall be conditioned upon the landowner, on behalf of itself, its heirs, successors and assigns, agreeing to the Township's entry onto the property to take such action as necessary to remedy an immediate threat to the public health, safety or welfare or to decommission any system as provided for herein.

§ 390-146 Building height exception.

The maximum building height limitations established by this chapter may be exceeded by one foot for each foot of depth added to each side yard beyond the minimum requirement, to a maximum of five feet. Height restrictions established by this chapter shall not apply to silos for agricultural use, church steeples, spires, chimneys, flagpoles, towers and antennas, bulkheads, tanks and other necessary mechanical appurtenances, windmills and other similar structures built above the roof and not devoted to human occupancy, provided the minimum setback for such structures from any lot line is a distance equal to or greater than the proposed height.

§ 390-147 Conversion of dwellings.

The following provisions shall apply to the conversion of a single-family dwelling to a two-family or multiple-family dwelling, where permitted by this chapter.

A. The following minimum habitable floor area requirements shall be met:

Type of Unit Created by Conversion	Minimum Habitable Floor Area (square feet)
Efficiency	500
1-bedroom	600
2-bedroom	750
3-bedroom	900

B. The minimum lot area, yard and building area requirements for the district in which the dwelling is located shall apply to each dwelling unit. The applicable requirements shall not be reduced.

C. There shall be no exterior alteration of the building, except as may be necessary for reasons of safety; fire escapes and outside stairways shall, where practical, be located to the side or rear of the building.

D. The off-street parking requirements of this chapter shall apply to each proposed dwelling unit.

E. The Zoning Hearing Board shall specify the maximum number of families permitted to occupy a particular building.

F. The resulting dwelling units shall comply with the Township Building Code and with the following:

(1) Sewer and water service, as approved by the Chester County Health Department.

(2) Protective fire walls between units along all party walls.

(3) Individual entrances.

(4) Individual cooking and lavatory facilities.

G. The applicant shall submit to the Zoning Hearing Board the following data:

(1) A copy of the floor plan of the proposed conversion;

(2) Lot layout plan, identifying parking and other improvements;

(3) A permit from the Chester County Health Department, which demonstrates that adequate sewage disposal and water supply facilities are available or can be provided for the projected number of residents.

H. Resulting dwelling units shall comply with the Township Building Code and the Pennsylvania Department of Labor and Industry standards, where applicable.

I. The conversion shall be authorized only for dwellings with relatively little economic usefulness as a single-family dwelling or for any other arrangement or use within the intent and purpose of this chapter.

§ 390-148 Commercial film/video production.

Use of a property as a location for a commercial film/video production shall be permitted as an accessory residential use or accessory use, subject to the following conditions:

A. Use of any property for commercial filming/video production shall not exceed a total of 12 days per calendar year. Such time period shall commence on the date of any preproduction (i.e., the date on which improvements or site preparation for the production occurs). The twelve-day time period shall be comprised of only those days of preproduction and those days on which actual production is being conducted. The use of a property as a location for commercial film/video production may exceed 12 days per calendar year if approved by the Board of Supervisors.

B. A temporary zoning/use permit per § 390-215E shall be required for each production.

(1) The Township may require the applicant to submit proof of adequate insurance for the production and may require the posting of financial security to secure against any potential damage to Township roads, land or utilities that could result from the production. Applicants must give the Township 30 days' notice in advance of the start of production if any of the following are required:

(a) An on-site crew size of more than 35;

(b) Four or more equipment trucks;

(c) More than three consecutive days of production;

(d) Any road closures; or

(e) Police to be at the location.

(2) Applicants for all other productions must give the Township seven days' notice in advance of the start of production.

C. In addition to a description of items in Subsection B(1)(a) through (e) above, the applicant's notice shall include the following:

(1) Name, address, phone number and contact person of the company.

(2) Type of production (e.g., feature film, commercial, TV program, etc.).

(3) Duration of the production, including number of days involved, start date and end date, and estimate of shooting hours, with start times and end times for each day.

D. All parking and storage of vehicles and production equipment shall be confined to the subject property or nearby properties with the consent of those property owners. On-street parking or storage may be permitted if the applicant obtains Township approval of a parking plan in advance of the start of production (establishing the adequacy of on-street parking after consideration of the parking needs of other nearby uses).

E. Any signs to direct crew members to the location shall be placed within the public right-of-way, shall be no larger than three square feet in area, and shall be removed within one hour following completion of the production.

F. Noise levels shall not exceed those established in § 390-156E.

G. Any lights used may only be aimed and directed within the subject property so as to avoid light trespass on adjacent properties. Flags, scrims or cutters shall be used and placed, if necessary, to block any light from spilling onto any adjacent properties.

H. Cast and crew members shall follow the "Code of Conduct" as established by the Greater Philadelphia Film Office.

I. Outdoor activities, including loading and unloading, shall occur only between the hours of 7:00 a.m. and 10:00 p.m.

J. The applicant shall pay all costs to the Township associated with police services requested by the applicant.

K. Filming or videotaping for journalistic purposes and filming or videotaping of private events, such as weddings, graduations, etc., are exempt from the conditions of this section.

§ 390-149 French Creek Scenic River Corridor.

Because of the historical, environmental and cultural nature of the French Creek watershed and its free-flowing, relatively high-quality waters, the French Creek and certain tributaries were designated components of the Pennsylvania Scenic Rivers Program on April 29, 1982, by the French Creek Scenic Rivers Act (Act No. 97). To implement Act 97 and to manage and protect the aesthetic, ecological and cultural values of French Creek, the following standards shall apply to designated stream segments of the French Creek watershed in the Township of West Vincent, as defined herein, in addition to the applicable district, floodplain conservation and steep slope conservation regulations of this chapter:

A. Designated stream segments. The following waterway segments within or adjacent to the Township of West Vincent are designated as scenic components of the Pennsylvania Scenic Rivers System under the French Creek Scenic River Act (Act No. 97) and are included in Appendix G of this chapter:[1]

Stream Name	Segment Limits
French Creek	Entire length of East Vincent-West Vincent Township line
Beaver Run	Fairview Road and Route 100 (East Nantmeal Township) to French Creek
West Branch Birch Run (Rock Run)	Shady Lane Road to Birch Run
Birch Run	Headwaters to French Creek

[1] Editor's Note: Appendix G, French Creek Scenic River Corridor Designated Stream Segments, is included as an attachment to this chapter.

B. Scenic river corridor delineation. For the purpose of this section, the French Creek Scenic River Corridor shall be delineated as an area 500 feet from the center line of the designated stream segments identified in Subsection A above or as the area from the center line to the ridgeline adjacent to such stream segments, whichever is less.

C. Design standards.

(1) Tier III and Tier IV design options. Unless clearly impractical, any new development in the French Creek Scenic River Corridor which meets the eligibility requirements of the applicable zoning district shall consider utilizing the Tier III or Tier IV design options of such district.

[Amended 10-17-2022 by Ord. No. 202]

(2) Ridgeline setback. New buildings and structures shall be set back a minimum of 50 feet from the edge or crest of any ridge or topographic divide in the French Creek Scenic River Corridor, as defined by USGS topographic quadrangle maps or field survey. This setback requirement may be reduced or eliminated, at the discretion of the Board of Supervisors, if existing vegetation or other natural features screen any new construction from view from any designated stream segment. Such vegetation or other natural features shall not be removed or destroyed.

(3) Maximum clearing of lots. The maximum area of a lot permitted to be cleared of existing vegetation and trees for building purposes shall be determined by the lot coverage requirements of the district in which the lot is located. Clearing shall be prohibited within the stream buffer as required by § 390-182 of this chapter or within 100 feet of any designated stream segment, whichever is greater.[2]

[2] Editor's Note: Former Subsection C(4), Timber harvest, which immediately followed this subsection, was repealed 10-17-2022 by Ord. No. 202. This ordinance also redesignated former Subsection C(5) through C(8) as Subsection C(4) through (7).

(4) Screening. Any new building or structure within the French Creek Scenic River Corridor shall be screened from view from any designated stream segment by vegetative screen according to the screening requirements of § 390-139B. The screen shall provide a year-round fifty-percent visual screen. Species used as part of a vegetative screen shall be selected based on their ability to provide the required screening within 10 years of planting. If no existing vegetative screening exists along the designated stream segment, the screening required herein is encouraged to be planted in accordance with the stream buffer standards of § 390-182 of this chapter.

(5) Access. In addition to the requirements of this chapter and Chapter 315, Subdivision and Land Development, of the Township's Code, any new road, street or bridge within the French Creek Scenic River Corridor shall be located, designed and constructed according to the "Guidelines to Improve the Aesthetic Quality of Roads in Pennsylvania," prepared by the Pennsylvania Departments of Transportation and Environmental Protection, June 1978.

(6) Grading and earthmoving. No grading or earthmoving shall be permitted which alters or changes any natural ridgeline within the French Creek Scenic River Corridor.

(7) Sludge disposal. The disposal of sludge generated from public or community sewage disposal systems shall be prohibited within the French Creek Scenic River Corridor.

§ 390-150 Gasoline service stations.

Gasoline service stations, where permitted by this chapter, shall be subject to the following supplemental regulations:

A. Gasoline pumps or other service appliance installed in connection with any service station may be placed within the required front yard but in no case closer than 25 feet of any street right-of-way line.

B. The Board of Supervisors may require screening to be provided in front of gasoline pumps per § 390-139B of this chapter.

C. A service station must have adequate fire extinguishers, ample no-smoking signs posted, and any other safeguards deemed necessary for the public safety. A permit shall be obtained from the State Police Fire Marshal.

D. Underground storage tanks shall comply with all applicable regulations of the United States Environmental Protection Agency and the Pennsylvania Department of Environmental Protection, including notification and registration requirements. If warranted, as determined by the Township, the applicant may be required to place tanks in a concrete vault, install other impervious liners, and/or install monitoring devices.

E. The gas pricing portion of any signs erected shall not be used to calculate the maximum sign area permitted by Article XXI of this chapter.

§ 390-151 Group homes.

Group homes, as defined in § 390-8 of this chapter, shall be permitted in any residential district of the Township of West Vincent under the following conditions:

A. In the case of group homes within the RC, R-3 or R-2 District the minimum lot size shall be determined by the maximum density permitted in the Tier IV design option.

B. All group homes shall comply with applicable Federal Fair Housing Act and state licensing requirements, as amended.

C. Group homes shall not be construed to include any other institutional uses as separately defined and regulated by state licensing requirements.

D. The construction of any new group home or the conversion/alteration of an existing dwelling into a group home shall require a building permit and a certificate of occupancy in compliance with applicable sections of Article XXVIII of this chapter and the Township Building Code.

§ 390-152 Home occupations.

Where home occupations are permitted, the following provisions shall apply.

A. Permitted uses.

(1) In all districts, any dwelling unit may be used for a home occupation listed in Subsection A(3) below. A no-impact home-based business is permitted in all zoning districts and in all types of residential units except to the extent that such is a restricted or prohibited use in any deed restriction, covenant, agreement restricting the use of the land, master deed, bylaw or other document applicable to a common-interest-ownership community.

(2) Prior to the use of any dwelling or accessory building for a home occupation, all applicable zoning or use permits, building permits, and certificates of occupancy shall be obtained per Article XXVIII of this chapter.

(3) The following are permitted home occupations in all types of dwelling units, provided they do not violate any of the provisions of Subsection C below:

(a) Insurance or real estate salesperson;

(b) Medical professionals, including but not limited to psychologists, psychiatrists, dentists, doctors, chiropractors, acupuncturists or massage therapists;

(c) Manufacturers' or sales representatives;

(d) Dressmaking, sewing, and tailoring;

(e) Telephone answering or secretarial;

(f) Teacher or tutor, limited to four students at a time;

(g) Architect, engineer, community planner or consultant;

(h) Painting, photography, sculpting or writing;

(i) Home crafts, such as model making, rug weaving, woodworking, and cabinet making;

(j) Home cooking and preserving;

(k) Computer services, such as programming, graphics, website development, or word processing;

(l) Lawyer, attorney-at-law;

(m) Professional, management, business, or financial consultant; or

(n) Video and film editing.

(4) The following uses are permitted as home occupations in single-family dwelling units only, provided that they do not violate any of the provisions of Subsection C below:

(a) Family day care, limited to a maximum of six children and in compliance with all applicable governmental regulations;

(b) Dancing studios, limited to a maximum of four students at one time.

B. Prohibited uses. The following are prohibited as home occupations:

(1) Animal hospitals;

(2) Mortuaries;

(3) Nursery schools;

(4) Private clubs;

(5) Repair shops;

(6) Restaurants;

(7) Automobile repair or paint shops.

C. Standards.

(1) The home occupation shall occupy no more than 50% of the habitable floor area of either the dwelling unit or an accessory building; provided, however, that the total maximum habitable floor area of such home occupation shall be limited to a maximum of 2,000 square feet.

(2) The use shall be carried on within a dwelling or accessory building by one or more occupants of such principal dwelling unit, except that there shall be no more than one additional employee at any one time. The number of additional employees may be increased as a conditional use when authorized by the Board of Supervisors, subject to the standards established herein and the standards of § 390-219 of this chapter.

(3) A minimum of two off-street parking spaces shall be provided in addition to the required number for a residence in accordance with § 390-135 of this chapter.

(4) The exterior of the residence or accessory structure shall have an appearance no different than if there were no home occupation conducted inside.

(5) No storage or display of goods, manufacturing, repairing or other mechanical work performed in connection with such home occupation shall be permitted in open areas.

(6) No interior display of goods shall be visible from the outside.

(7) The use shall not emit noise, odors, vibration, light or smoke which is noticeable at or beyond the property line.

(8) No home occupation shall be permitted that creates a hazard to persons or property, results in electrical interference, or becomes a nuisance.

D. Any proposed home occupation that is neither specifically permitted by Subsection A nor specifically prohibited by Subsection B above shall be considered a special exception when permitted by the Zoning Hearing Board, subject to the provisions of Subsection C above and § 390-228 of this chapter.

§ 390-153 Educational, medical, nursing or convalescent homes, religious and other similar uses permitted by special exception.

Educational, medical or religious uses, including (but not limited to) hospitals, animal hospitals, nursing homes, convalescent homes, educational institutions (such as schools), religious institutions or other similar institutional uses, where permitted by special exception within the PC/LI and R-2 Districts, shall be subject to the provisions of § 390-228 of this chapter and the following supplemental regulations:

A. The minimum tract size shall be 10 acres.

B. The intensity of use shall not exceed the following:

District	Number of Beds Per Acre* Maximum
R-2	4
PC/LI	4

*	Including patient beds and on-site living accommodations for staff persons.

C. Not less than 30% of the total tract area shall be designated as and used exclusively for greenway land. The location, design and layout of the greenway land shall be in accordance with Article XX of this chapter.

D. There shall be a minimum setback of 100 feet around the entire perimeter of the tract, in which no buildings shall be situated and in which screening per § 390-139B of this chapter shall be located.

E. The tract of land on which the use is conducted shall, in its entirety, be owned and operated as a single or common management and maintenance unit.

F. The proposed use shall obtain all applicable state and/or federal permits, licenses and certificates of need.

G. The tract of land on which the use is conducted shall have direct access and frontage on an arterial or collector road as identified by the West Vincent Township Comprehensive Plan.

§ 390-154 Interior lots.

An interior lot is a lot which only has access to a road either by an easement or right-of-way, where such condition was not directly or indirectly created by the landowner ("landlocked"), or which has limited frontage on a street which serves solely for access to such interior lands (flag lots). It shall be permitted only under the following conditions:

A. The lot must be connected to a road or street by a fee simple accessway or access easement at least 30 feet wide and a maximum of 40 feet wide, which accessway or easement area shall be in addition to the minimum gross lot area for the district in which the lot is located.

B. No interior lot shall be formed within 200 feet of the turnaround of a cul-de-sac street, street intersection, or existing driveway. This minimum separation distance may be reduced at the discretion of the Board of Supervisors, if it can be demonstrated to the satisfaction of the Board that adequate clear sight distances per § 390-136B can be achieved.

C. A minimum of four road-frontage lots shall be located between interior lot accessways.

D. Interior lots are prohibited along collector and arterial roads, as identified in the West Vincent Township Comprehensive Plan.

§ 390-155 Life-care communities.

Where permitted as a conditional use in the R-2 Residential District, the RM Residential Mix District and the VCR Village Center Residential District, life-care communities shall comply with § 390-219 of this chapter and the following additional provisions:

A. The life-care community and accessory facilities shall be designed and used to serve its residents and their guests only.

B. The life-care community shall be planned, developed and operated according to a unified plan under the direction of a single owner or agent for the owner, having full responsibility for and control over all facets of the housing, assisted living and nursing operations.

C. The life-care community shall be owned by a single owner.

D. The minimum tract size for a life-care community shall be 25 contiguous acres not separated by a road, road right-of-way, other right-of-way, or other easement.

E. Density.

(1) The maximum gross density within a life-care community shall not exceed the following:

(a) R-2 District: three dwelling units per adjusted tract acreage.

(b) RM District: 10 dwelling units per adjusted tract acreage.

(c) VCR District: five dwelling units per adjusted tract acreage.

(2) For the purposes of this section, four beds for patient, resident and/or staff person use provided within a skilled nursing facility within the life-care community shall be deemed the equivalent of one dwelling unit. Such density calculation for skilled nursing beds shall not apply to assisted living units.

F. The life-care community may provide individual dwelling units in any combination of single- or multiple-family dwellings and shall include a community center in which an auditorium, activity rooms, craft rooms, library, lounges, or similar low- to medium-intensity recreational facilities for members of the life-care community shall be included. Additional facilities provided as part of the life-care community shall include:

(1) Common dining facilities proximate to the dwelling units, such that the residents of life-care community will be able to easily access the common dining facilities, but in no case shall be greater than 250 feet from the furthest residential dwelling unit. The access routes for the community dining facilities shall not require the residents of the life-care community to traverse a public right-of-way. Such dining facilities shall be of sufficient combined size to serve all members of the life-care community;

(2) Assisted living, skilled nursing with dementia care and convalescent facilities;

(3) Office and retail service facilities designed and adequate to serve only the members of the life-care community, including but not necessarily limited to any of the following: doctors' offices, pharmacy, gift shop, coffee shop, bank, barber or beauty shop.

G. A minimum of 50% of the total tract area shall be designated as and used exclusively for greenway land. Ownership, location, design and layout, and maintenance of greenway land shall be in accordance with the requirements of § 390-107 and Article XX of this chapter.

H. A minimum setback of 100 feet from all tract boundaries, in which no structures shall be located, may be required at the discretion of the Board of Supervisors. The screening provisions of § 390-139B of this chapter shall be incorporated within setback areas.

§ 390-156 Performance standards.

The standards established in this section are designed to prevent dangerous or objectionable hazards or conditions which would be adverse to the health, safety and welfare of the residents of the Township. The following standards shall apply to all uses in all districts in the Township.

A. Air quality.

(1) There shall be no emission of smoke, ash, dust, fumes, vapors, gases or other matter toxic, corrosive or noxious into the air which violates the Pennsylvania Air Pollution Control Laws, including the standards set forth in Chapter 123 (Standards for Contaminants) and Chapter 131 (Ambient Air Quality Standards), Article III, Title 25 of the Pennsylvania Code, the Pennsylvania Department of Environmental Protection Rules and Regulations.

(2) No user shall operate or maintain or be permitted to operate or maintain any equipment, installation or device, which by reason of its operation or maintenance will discharge contaminants to the air in excess of the limits prescribed herein, unless he or she shall install and maintain in conjunction therewith such control as will prevent the emission into the open air of any air contaminant in a quantity that will violate any provision of this chapter.

B. Fire and explosive hazards. All activities and all storage of flammable and explosive material shall be provided with adequate safety devices against the hazard of fire and explosion and adequate firefighting and fire-suppression equipment and devices as detailed and specified by the laws of the Commonwealth of Pennsylvania. All buildings and structures and activities within such buildings and structures shall conform to the Building Code, the Fire Prevention Code, and other applicable Township ordinances. Any explosive material shall conform to the requirements of Chapter 211, Title 25 Pa. Code, Rules and Regulations, Pennsylvania Department of Environmental Protection, for storing, handling and use of explosives. A list of such liquids, solids or gases stored on site shall be supplied to the appropriate fire companies serving the Township.

C. Glare and heat. No direct or sky-reflected glare, whether from floodlights or high-temperature processes such as combustion or welding or otherwise, so as to be visible at the lot line, shall be permitted. These regulations shall not apply to signs or floodlighting of parking areas otherwise permitted by this chapter. There shall be no emission or transmission of heat or heated air so as to be discernible at the lot line.

D. Liquid and solid waste. There shall be no discharge at any point into any public or private sewerage system or watercourse or into the ground of any materials in such a way or such a nature as will contaminate or otherwise cause the emission of hazardous materials in violation of the laws of the Township of West Vincent and the Commonwealth of Pennsylvania, and specifically Pennsylvania Code Title 25, Environmental Protection, Part I, Subpart C. A list of such liquids, solids or gases stored on site shall be supplied to the appropriate fire companies serving the Township.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

E. Noise. No person shall operate or cause to be operated on private or public property any source of continuous sound (any sound which is static, fluctuating or intermittent with a recurrence greater than one time in any fifteen-second interval) in such a manner as to create a sound level which exceeds the limits set forth in the following table when measured at or within the property boundary of the receiving land use.

Receiving Land Use Category	Time	Sound Level Limit (dBA)
Residential, public space, greenway land, agricultural or institutional	7:00 a.m. to 7:00 p.m. 7:00 p.m. to 7:00 a.m. plus Sundays and legal holidays	60 50
Commercial or business	7:00 a.m. to 10:00 p.m. 10:00 p.m. to 7:00 a.m. plus Sundays and legal holidays	65 60
Industrial	At all times	70

(1) For any source of sound which emits a pure tone, the maximum sound level limits set forth in the above table shall be reduced by 5 dBA. For any source of sound which emits an impulsive sound (a sound of short duration, with an abrupt onset and rapid decay and/or an occurrence of not more than one time in any fifteen-second interval), the excursions of sound pressure level shall not exceed 20 dBA over the ambient sound level, regardless of the time of day or night or receiving land use, using the "fast" meter characteristics of a Type II meter meeting the ANSI specification S14-1971.

(2) The maximum permissible sound levels as listed in the previous table shall not apply to any of the following noise sources:

(a) The emission of sound for the purpose of alerting persons to the existence of an emergency or associated practice drills.

(b) Emergency work to provide electricity, water or other public utilities when public health or safety are involved.

(c) Domestic power tools.

(d) Excavation and construction operations carried on during normal business hours (i.e., 7:00 a.m. to 5:00 p.m.).

(e) Agriculture.

(f) Public celebrations specifically authorized by the Board of Supervisors.

(3) Motor vehicle operations shall not exceed the noise levels established in Chapter 157 of Title 67 of the Pennsylvania Code, Subchapter B, Established Sound Levels.

F. Odors. No uses except agricultural operations shall emit odorous gases or other odorous matter in such quantities to be offensive at any point on or beyond its lot lines. The guide for determining such quantities of offensive odors shall be the 50% response level of Table 1 (Odor Thresholds in Air), "Research on Chemical Odors: Part I - Odor Thresholds for 53 Commercial Chemicals," October 1968, Manufacturing Chemists Association, Inc., Washington, D.C.

G. Vibration. No vibration shall be produced which is transmitted through the ground and is discernible without the aid of instruments at or at any point beyond the lot lines.

H. Radioactivity or electrical disturbances. Any activities which generate electromagnetic radiation shall comply with applicable Federal Communications Commission regulations and shall not adversely affect the operation of equipment belonging to someone other than the creator of the disturbance. If any use, including storage and possession, is proposed which incorporates the use of radioactive material, equipment or supplies, such use shall be in strict conformity with applicable Nuclear Regulatory Commission regulations and Pennsylvania Department of Environmental Protection rules and regulations.

I. Public health and safety. No use shall create any other objectionable condition in an adjoining area which will endanger public health and safety or be detrimental to the proper use of the surrounding area.

§ 390-157 Personal-use or private-use airports.

Where permitted by conditional use in the RC Rural Conservation District, personal-use or private-use airports shall comply with the requirements of § 390-219 of this chapter and the following additional standards:

A. The proposed airport shall be constructed, operated and maintained in accordance with the published rules and regulations of the Federal Aviation Administration (FAA), Pennsylvania Bureau of Aviation and the National Fire Protection Association, governing minimum safety standards and the use and licensing of airports.

B. Each application for an airport shall include:

(1) A copy of the Federal Aviation Administration Form 7480-1, "Notice of Landing Area Proposal."

(2) A copy of a letter of "no objections" from the FAA.

(3) A copy of the State of Pennsylvania Application for Approval of Landing Area Site and the letter of site approval from the Bureau of Aviation.

(4) An aerial photograph or drawing at a scale of no less than one inch equals 400 feet, indicating the approach and departure routes; the location of all residences, schools, churches, hospitals and areas used for the open assembly of people as well as other noise-sensitive areas within a radius of 1/2 mile of the proposed airport site.

(5) A statement of property ownership or authorization of the owner for the property proposed to be used as an airport.

(6) A description of the purpose for which the airport is being established and a schedule of proposed activities, including:

(a) Number of monthly operations;

(b) Hours of operation;

(c) Support activities, such as storage, maintenance and refueling.

(7) A site plan, which shall contain the following information in addition to the requirements of Chapter 315, Subdivision and Land Development, of the Township's Code:

(a) The location, nature and height of proposed security fences, berms, landscaping and other security and noise-attenuation structures.

(b) The location and type of firefighting equipment and materials.

(c) The location and type of fuel storage facilities.

(d) The location of all existing and proposed buildings.

(e) The location of airport takeoff and landing areas, parking areas, and the method of surface preparations or stabilization.

(f) The location of airport takeoff and landing areas, parking areas, and the method of surface preparation or stabilization.

(8) Approval of the local fire company for the installation and location of firefighting equipment and materials and the installation, location and method of use for refueling equipment and procedures.

C. All runways, takeoff and landing areas shall be designed, constructed and maintained in accordance with applicable Federal Aviation Administration standards and regulations; provided, however, in the case of helicopters, the total tract area of the takeoff and landing areas shall consist of not less than one acre of unimproved and unobstructed level area.

D. The hours of operation of any personal-use or private-use airport shall be restricted to daylight hours.

E. Personal-use or private-use airports shall be screened in accordance with the requirements of § 390-139B of this chapter.

§ 390-158 Pipeline setback.

New residential buildings used for human habitation, in-ground swimming pools and all buildings for commercial, industrial or institutional use shall be set back a minimum of 50 feet from any existing or proposed pipeline right-of-way, within which is or shall be transported a flammable or explosive material, either existing or proposed. Other buildings, including garden sheds, detached garages and turnout sheds, shall not be located within any pipeline right-of-way. No activity or grading within the pipeline right-of-way or setback area shall create depressions or areas in which flammable or explosive materials may collect or accumulate.

§ 390-159 Ponds.

The construction of any new ponds, excluding stormwater retention/recharge facilities, or the expansion or maintenance of existing ponds (including the alteration of any embankment or dredging activities) shall be permitted, subject to the following standards:

A. Construction shall not commence without a permit first being issued by the Township.

B. Conditional use approval per § 390-219 of this chapter shall be required if any pond exceeds any one of the following standards:

(1) New pond construction.

(a) One hundred acres or more of contributing drainage area;

(b) One acre-foot or more of water; or

(c) Berm or dam height of five feet or more, measured at the upstream or uphill toe of the berm or dam.

(2) Existing pond expansion or enlargement.

(a) Expansion or enlargement when the existing area plus the expansion or enlargement meets or exceeds the thresholds contained in Subsection B(1) above; or

(b) Expansion or enlargement in which either the surface area or berm/height of the pond is increased by 25% or more.

C. In addition to the general permit requirements contained in Article XXVIII and the conditional use standards of § 390-219, the following additional information shall be submitted with the application:

(1) Identification, location and capacity of the source, existing or proposed, to service the pond, including information demonstrating compliance with the provisions of Chapter 368, Article I, Well Development, of the Township's Code, where applicable.

(2) Identification, location and capacity of the outlet structure or feature into which the overflow, emergency spillway, and/or outlet structure of the pond is intended to be directed.

(3) A structural and hydraulic engineering study or plan indicating details of the proposed pond construction, including, but not limited to, embankment construction/compaction, riser/barrel outfall capacity, anti-seep techniques, freeboard and emergency spillway specifications.

(4) A maintenance and inspection plan or agreement specifying techniques to be employed to guarantee the routine inspection, maintenance and repair of the pond and all of its components so as to protect the health, safety and general welfare of Township residents. The plan shall address such issues as potential collapse of dam/berm, flooding, effect on quantity and quality of neighboring water supplies, damage to dam/berm from animals and rodents.

D. The following shall be received prior to approval of any conditional use or building permit:

(1) Review and approval from the County Conservation District.

(2) Applicable permits from the Department of Environmental Protection and/or United States Army Corps of Engineers.

(3) Review and approval from the Township Engineer.

(4) Road occupancy permit from the Pennsylvania Department of Transportation or the Township if the project affects any drainage facilities within the right-of-way of a state or Township road.

E. Use of any new source to service the pond shall comply with the provisions of Chapter 368, Article I, Well Development, of the Township's Code, where applicable.

F. In addition to the applicable conditional use application and building permit fees, the applicant shall also reimburse the Township for any and all appropriate legal and engineering costs incurred as part of the review and inspection process.

§ 390-160 Projections into required yard areas.

All required yard areas shall be unobstructed except as follows:

A. An arbor, open trellis, flagpole, unroofed steps and terraces, even if located within the front yard.

B. Accessory buildings or structures, provided such a projection shall be no closer than the setback required for accessory buildings or structures in the district in which the lot is located.

C. Roofed terraces, patios, canopies or awnings attached to the building and not included in the area calculation of a building may project into any yard a maximum of 15 feet, provided such a projection into a side or rear yard shall be no closer than the setback required for accessory structures or buildings in the district in which the lot is located.

D. Alternative energy system components in accordance with the provisions of § 390-145 of this chapter.

E. Towers and antennas in accordance with the provisions of § 390-167 of this chapter.

§ 390-161 Ridgeline setback.

New buildings and structures shall be set back a minimum of 100 feet from the crest of any ridgeline, as defined herein, unless vegetation or other natural features exist to visually screen the proposed building or structure. Such vegetation or other natural features shall not be removed or destroyed.

§ 390-162 Sale of farm products and outdoor display of merchandise.

A. Where the display and sale of farm products is permitted, it shall be designated as an accessory use incidental to an agricultural activity. These activities include pick-your-own sales, CSAs, Christmas tree sales, farm tours, farm stores and stands, and shall comply with the following conditions:

(1) A minimum of 50% of all farm products shall be grown and produced on the property on which they are offered for sale.

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

(a) Such building shall be located at least 100 feet from the right-of-way line of any street.

(b) Parking spaces shall be provided outside the right-of-way of any public road at a rate of one parking space for every 100 square feet of sales space, but in no case shall less than three spaces be provided.

(c) The floor area devoted to sales shall not exceed 1,000 square feet.

(3) The area devoted to the display and sale of farm products shall comprise no more than 1/2 acre of the farm property.

B. Except when held in a designated agricultural village community, as defined in § 390-172 of this chapter, farm entertainments to be held for more than one day, such as corn mazes, hayrides, haunted houses, and other events intended to attract large numbers of visitors to the farm at any one time period, shall be permitted as a conditional use, subject to the following:

(1) The hours of operation of the event shall be subject to the approval of the Board of Supervisors but shall generally be between the hours of 10:00 a.m. and 9:00 p.m.

(2) The applicant shall submit an access and circulation plan for review and approval by the Township, which shall be designed to ensure adequate access for emergency vehicles.

(3) The applicant shall provide a description of the parking accommodations for the event, which must be suitable to provide parking for the estimated number of vehicles.

(4) The applicant shall provide the Township with the name, address and telephone number of an emergency contact person for the event.

(5) The applicant shall provide a description of the provisions for sanitary facilities.

(6) The applicant shall provide a description of any sound-amplification equipment that will be used at the event, if any, noting that the applicant shall comply with all noise provisions set forth in this chapter and any other applicable Township ordinances.

(7) The applicant shall provide a description of any alcoholic beverages that will be sold at the event, noting that applicant shall provide the township with evidence that it has obtained all required county, state or other outside agency approvals for such (e.g., approval from the Pennsylvania Liquor Control Board to serve alcoholic beverages).

(8) The applicant shall provide a description of the security and/or other crowd control measures that will be employed at the event, as required by the Board of Supervisors, in its reasonable discretion.

(9) The applicant shall bear the burden of establishing that all of the above-referenced provisions have been established, such that the special event will not cause any threat to the public health, safety and welfare.

C. In the PC/LI Planned Commercial/Limited Industrial District and the LVCC Ludwigs Village Center Commercial District, the outdoor display and sale of merchandise shall be permitted as an accessory use, provided that such display does not extend more than 15 feet from the building front and does not interfere with the safe and efficient flow of pedestrian or vehicular traffic. The sale of merchandise shall include, but is not limited to, the sale of used automobiles, motorcycles, vehicles, boats, machinery, equipment and other commercial goods. However, the sale of more than one used automobile, used motorcycle, used vehicle, used boat, used piece of machinery or used piece of equipment will not be considered as an accessory use and is instead only permitted as a conditional use under § 390-53 of this chapter.

§ 390-163 Standards for raising animals.

The raising, breeding or boarding of animals for commercial purposes or as a residential accessory use shall, where permitted, comply with the following standards:

A. Commercial boarding stables. In districts where commercial stables are permitted as a conditional use, the following minimum space requirements for horses shall apply:

(1) Pasture: one acre per horse; two acres per horse if pasture is located within woodlands.

(2) Stalls (inside dimensions).

(a) Tie stall: nine feet by 4 1/2 feet.

(b) Standard box stall: 12 feet by 12 feet.

(c) Stallion and brood mare stalls: 14 feet by 14 feet.

(3) Loose housing (shed area in square feet).

(a) Foal: 100.

(b) Yearling: 120.

(c) Mature horse: 150.

B. Residential accessory uses. The raising, breeding or boarding of animals as a residential accessory use shall be permitted only under the following conditions:

(1) Dogs and/or cats under six months' old may be kept as pets.

(2) Dogs and/or cats over six months' old may be kept as pets, provided that any outside shelter or exercise area is enclosed and located in the rear-yard area. For lots under two acres in size, a maximum of four dogs and/or four cats (in the aggregate) are allowed, with one additional dog or cat allowed for each full acre, up to a maximum of 12 dogs or 12 cats.

(3) Maintaining a horse or horses for private, noncommercial recreational use only for the residents of a single-family home with a minimum lot size of two acres for the first horse and one acre for each additional horse.

(4) Poultry or fowl may be kept, provided that any outside shelter or fenced-in area must be located behind the front facade of the principal dwelling.

C. Setback requirements. Unless otherwise specifically preempted by state law, buildings or structures used for the housing of animals or for the storage of animal wastes or other odor- or dust-producing substances, excluding exercise/training rings and turnout sheds/shelters involving no storage of animal wastes, shall be located a minimum of 100 feet from any property line and 200 feet from any dwelling other than that of the owner. Permanent animal waste piles shall be located a minimum of 200 feet from any property line. Temporary animal waste piles may be stored within this setback for the purpose of land application, provided that they are removed within 15 days. These setback requirements may be reduced for buildings or structures used for the housing of animals but not for those for the storage of animal wastes or other odor- or dust-producing substances, at the discretion of the Board of Supervisors, if it can be proven by the applicant that topography, screening or other features will reduce the effect of odors, visual intrusions, or other impacts on adjoining property owners.

D. Lots shall be graded so that animal wastes are confined to the lots on which they originate or are stored.

E. The design and construction of animal waste storage facilities shall be in accordance with Natural Resources Conservation Service standards and approved by the County Conservation District.

F. All grazing and pasture areas shall be fenced.

§ 390-164 Stripping of topsoil or sod; excavation of clay, sand, gravel or rock.

The stripping of topsoil or sod and the excavation of clay, sand, gravel, rock or other minerals shall be permitted only if conducted in accordance with applicable regulations set forth by the Pennsylvania Department of Environmental Protection and/or any other governmental agency, the provisions of Chapter 315, Subdivision and Land Development, of the Township's Code, and the following additional conditions:

A. Stripping topsoil or sod. Topsoil or sod may be removed only under the following conditions:

(1) As part of the construction, alteration or grading of a street, building, parking area, or utility improvement, provided the least amount of disturbance occurs.

(2) In connection with normal lawn preparation and maintenance on the lot from which topsoil or sod is removed.

(3) In connection with agricultural operations, provided that a minimum of six inches of topsoil remains and that areas where topsoil is removed are reseeded with an appropriate ground cover within six months. Topsoil shall refer to the "A" horizon of a soil profile.

(4) Conservation measures shall be incorporated to prevent any increase in erosion or stormwater runoff during or after stripping operations over that which occurred prior to the commencement of the activity.

B. Excavation of clay, sand, gravel, rock or other minerals. The excavation or extraction of clay, sand, gravel, rock or other minerals shall be permitted only under the following conditions:

(1) As part of the construction of a building or the construction or alteration of a street.

(2) The surface of the lot shall not be graded to a level below that of adjoining streets.

(3) Excavation shall not be conducted in a way which will leave loose boulders exposed.

(4) A minimum of three inches of topsoil shall cover disturbed areas and be reseeded with an appropriate ground cover within one year.

(5) Provision is made by the applicant for restoration of natural ground cover and control of erosion.

(6) A final grading plan be submitted to the Township.

§ 390-165 Swimming pools and swimming clubs.

A. Private swimming pools. Private swimming pools, where permitted by this chapter, shall comply with the following conditions and requirements:

(1) Every swimming pool area or the entire property on which it is located shall be completely enclosed by a fence or wall so as to prevent uncontrolled access. Said barrier shall not be less than four feet in height; constructed with no openings, holes or gaps, except gates, larger than four inches in any dimension; and shall be maintained in good condition. A dwelling, accessory building, or other structure may be used as part of such enclosure.

(2) All gates and doors opening through such enclosure shall be equipped with a self-closing and self-latching device for keeping such gate or door securely closed and latched at all times when not in use.

(3) A swimming pool and its accessory structures, including any walks or paved areas adjacent thereto, shall not be located in any required setback areas.

(4) Swimming pools shall be located so as to provide a minimum vertical clearance from overhead utility or electrical lines of 20 feet.

B. Private swimming clubs. Private swimming clubs, where permitted in this chapter, shall comply with the applicable standards of Title 28, Health and Safety, Chapter 18, of the Pennsylvania Code and the Chester County Health Department.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

§ 390-166 Timber harvesting/logging.

[Amended 10-17-2022 by Ord. No. 202]

A. Purpose. The Hopewell Big Woods is a globally significant landscape within the federally designated Highlands region. The Hopewell Big Woods occupy approximately 2/3 of West Vincent Township and contain Exceptional Value watersheds and habitat for migratory birds and interior forest-dwelling species, including endangered, threatened, rare, and vulnerable species. Because of this exceptional resource value, West Vincent Township encourages the owners of forest land to continue forestry use and management, including the production of timber, and for recreation, wildlife, and amenity values. The timber harvesting regulations contained in this section are intended to further this policy by:

(1) Promoting good forest stewardship;

(2) Protecting the rights of adjoining property owners;

(3) Minimizing the potential for adverse environmental impacts by incursions of invasive species, increased soil erosion, and over-browsing by deer; and

(4) Avoiding unreasonable and unnecessary restrictions on the right to practice forestry.

B. Applicability. To encourage maintenance and management of forested or wooded open space and promote the conduct of forestry as a sound and economically viable use of forested land throughout the Township, forestry activities, including timber harvesting, shall be a permitted use by right in all zoning districts. The regulations in this section apply to all timber harvesting within the Township that impacts one acre or more. These provisions do not apply to the cutting of trees for the personal use of the landowner or for pre-commercial timber stand improvement.

C. Notification; preparation of a logging Plan Required Procedures.

(1) Notification of commencement and completion. For all timber harvesting operations that exceed one acre, the landowner shall notify the Township enforcement officer at least three business days before the operation commences. No timber harvesting shall occur until the notice has been provided.

(a) The applicant shall file a notification form, found in Appendix N of this chapter,[1] specifying the land on which harvesting will occur, the size of the harvest area, and the anticipated starting or completion date of the operation.

[1] Editor's Note: Said appendix is included as an attachment to this chapter.

(b) Upon notification, the Township will provide the applicant a copy of Appendix K - Recommended Best Practices for Timber Harvest Operations.[2]

[2] Editor's Note: Said appendix is included as an attachment to this chapter.

(c) The applicant shall notify the Township in writing within three business days before the logging operation is complete.

(2) Logging plan. Every landowner on whose land timber harvesting is to occur shall prepare a logging plan meeting the requirements of Subsection D below. No timber harvesting shall occur until the plan has been prepared. The provisions of the plan shall be followed throughout the operation. The plan shall be available at the harvest site at all times during the operation and shall be provided to the township enforcement officer upon request. Applicants are encouraged to apply forest stewardship best management practices specified in Appendix K.[3]

[3] Editor's Note: Said appendix is included as an attachment to this chapter.

(3) Responsibility for compliance. The landowner and the operator shall be jointly and severally responsible for complying with the terms of the logging plan.

D. Contents of the logging plan.

(1) Minimum requirements. At minimum, the logging plan shall include the following:

(a) Design, construction, maintenance, and retirement of the access system, including haul roads, skid roads, skid trails and landings;

(b) Design, construction, and maintenance of water control measures and structures such as culverts, broad-based dips, filter strips, and water bars;

(c) Design, construction, and maintenance of stream and wetland crossings;

(d) The general location of the proposed operation in relation to municipal and state highways, including any accesses to those highways;

(e) Description of the general characteristics of the area to be logged, including species composition of the forest canopy, presence of invasive vegetation, evidence of forest regeneration.

(f) Impacts on PA Natural Heritage Area Core Habitats as mapped in Appendix L,[4] including Beaver Hill Road Woods, Birch Run Woods, Horseshoe Trail Wetlands; and planned efforts to protect endangered, threatened, or rare species that may occur within those areas.

[4] Editor's Note: Said appendix is included as an attachment to this chapter.

(g) Desired outcome of timber harvest (e.g., even-aged stand, regeneration of certain tree species, managed successional area, etc.);

(h) Anticipated negative outcomes of the timber harvest, such as colonization by invasive species, over-browsing of regenerating growth by deer, reduction of interior forest habitat, impacts to endangered, threatened, rare, and/or vulnerable species, etc.; and

(i) Feasible interventions by landowner/operator to manage anticipated negative outcomes. These may include best practices to promote forest regeneration, control anticipated invasive vegetation, and/or limit deer browse.

(2) Map. Each logging plan shall include a map or drawing containing the following information:

(a) Site location and boundaries, including both the boundaries of the property on which the timber harvest will take place and the boundaries of the proposed harvest area within that property;

(b) Topographic and hydrologic features related to potential environmental problems, including watercourses, mapped wetlands, and precautionary or prohibitive slopes;

(c) Location and estimated extent of invasive vegetation colonies;

(d) Location of all earth disturbance activities such as roads, landings, and water control measures and structures;

(e) Location of all crossings of waters of the commonwealth; and

(f) The general location of the proposed operation to municipal and state highways, including any accesses to those highways.

(3) Compliance with state law. The logging plan shall address and comply with the requirements of all applicable state laws and regulations including, but not limited to, the following:

(a) Erosion and sedimentation control regulations contained in Chapter 102 of Title 25 of the Pennsylvania Code, promulgated pursuant to the Clean Streams Law (35 P.S. § 691.1 et seq.); and

(b) Stream crossing and wetlands protection regulations contained in Chapter 105 of Title 25 of the Pennsylvania Code, promulgated pursuant to the Dam Safety and Encroachments Act (32 P.S. § 693.1 et seq.);

(4) Relationships of state laws, regulations, and permits to the logging plan. Any permits required by state laws and regulations shall be attached to and become part of the logging plan. An erosion and sedimentation pollution control plan that satisfies the requirements of Chapter 102 of Title 25 of the Pennsylvania Code shall also satisfy the requirements for the logging plan and associated map specified in Subsection D(1) and D(2) above.

E. Forest practices. The following requirements shall apply to all timber harvesting operations in the Township:

(1) Felling or skidding on or across any public thoroughfare is prohibited without the express written consent of the Township or the Pennsylvania Department of Transportation, whichever is responsible for maintenance of the thoroughfare.

(2) No tops or slash shall be left within 25 feet of any public thoroughfare or private roadway providing access to adjoining residential property.

(3) All tops and slash between 25 feet and 50 feet from a public roadway or private roadway providing access to adjoining residential property or within 50 feet of adjoining residential property shall be lopped to a maximum height of four feet above the surface of the ground.

(4) No tops or slash shall be left on or across the boundary of any property adjoining the operation without the consent of the owner thereof.

(5) Litter resulting from a timber harvesting operation shall be removed from the site before it is vacated by the operator.

(6) The applicant shall indicate the extent to which any seeding and stabilization of access or haul roads will be implemented upon completion of the timber harvest. Any plan for seeding or other vegetative stabilization shall include specifications on materials (including species) and methodology.

(7) Upon submittal of the logging plan, applicants will be provided a Township guide to recommended forest stewardship best management practices.

F. Enforcement.

(1) West Vincent Township shall designate an enforcement officer to enforce the provisions of this section.

(2) Inspections. The Township Enforcement Officer may go upon the site of any timber harvesting operation before, during, or after active logging to 1) review the logging plan or any other required documents for compliance and 2) inspect the operation for compliance with the logging plan and other on-site requirements of these regulations.

(3) Violation notices; suspensions. Upon finding that a timber harvesting operation is in violation of any provision of this section, the Township enforcement officer shall issue the operator and the landowner a written notice of violation describing each violation and specifying a date by which corrective action must be taken. The Township enforcement officer may order the immediate suspension of any operation upon finding that 1) corrective action has not been taken by the date specified in a notice of violation; 2) the operation is proceeding without a logging plan; or 3) the operation is causing immediate harm to the environment. Suspension orders shall be in writing, shall be issued to the operator and the landowner, and shall remain in effect until, as determined by the Township enforcement officer, the operation is brought into compliance with this section or other applicable statutes or regulations. The landowner or the operator may appeal an order or decision of an enforcement officer within 30 days of issuance to the governing body of the Township.

(4) Penalties. Any landowner or operator who 1) violates any provision of this section; 2) refuses to allow the Township Enforcement Officer access to a harvest site pursuant to Subsection F(2) above or who fails to comply with a notice of violation or suspension order issued under Subsection F(3) above is guilty of a summary offense and upon conviction shall be subject to a fine of not more than $300, plus costs, for each separate offense. Each day of continued violation of any provision of this section shall constitute a separate offense.

§ 390-167 Communications towers, equipment buildings and antennas.

The construction, use and maintenance of communications towers, equipment buildings and antennas, as defined by and permitted in the applicable zoning districts of this chapter, shall be permitted under the following conditions:

A. Communications antennas and communications equipment buildings.

(1) Building-mounted communications antennas shall not be located on any single-family dwelling or two-family dwelling.

(2) Omnidirectional or whip communications antennas shall not exceed 20 feet in height and seven inches in diameter.

(3) Directional or panel communications antennas shall not exceed five feet in height and three feet in width.

(4) Any applicant proposing communications antennas to be mounted on a building or other structure shall submit the following information with the building permit application:

(a) Evidence from a Pennsylvania-registered professional engineer, certifying that the proposed installation will not exceed the structural capacity of the building or other structure, considering wind and other loads associated with the antenna location.

(b) Detailed construction and elevation drawings indicating how the antennas will be mounted on the building or structure for review by the Building Inspector for compliance with the Township Building Code.

(c) Evidence of agreements and/or easements necessary to provide access to the building or structure on which the antennas are to be mounted so that installation and maintenance of the antennas and communications equipment building can be accomplished.

(5) Communications antennas shall comply with all applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation.

(6) Communications antennas shall not cause radio frequency interference with other communications facilities located in the Township.

(7) Communications equipment buildings shall not exceed 250 square feet in floor area.

(8) Communications equipment buildings shall be subject to the height and setback requirements of the applicable zoning district for accessory structures.

(9) The owner and/or operator of communications antennas shall be licensed by the Federal Communications Commission to operate such antennas.

(10) Communications equipment buildings shall be screened in accordance with the provisions of § 390-139B of this chapter.

(11) Communications equipment buildings shall be prohibited within the French Creek Scenic River Corridor, as identified by § 390-149 of this chapter.

(12) Where permitted, communications equipment buildings located within visual resource areas as identified by the Visual Resources Map of the Township Greenway Land and Recreation Plan or a National Register Historic District shall be aesthetically and architecturally compatible with their surrounding environment. The use of materials such as wood, stucco or stone is required for such buildings, which shall be designed to architecturally match structures within the neighborhood. In no case will metal exteriors be allowed for communications equipment buildings within these areas.

B. Communications towers.

(1) The applicant shall demonstrate that it is licensed by the Federal Communications Commission to operate a communications tower, if applicable, and communications antennas.

(2) The applicant shall demonstrate that the proposed communications tower and communications antennas proposed to be mounted thereon comply with all applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation.

(3) Communications tower shall comply with all applicable Federal Aviation Administration, Commonwealth Bureau of Aviation, and applicable provisions of § 390-157 of this chapter.

(4) Any applicant proposing construction of a new communications tower shall demonstrate that a good faith effort has been made to obtain permission to mount the communications antennas on an existing building, structure or communications tower. A good faith effort shall require that all owners of potentially suitable structures within a 1/4-mile radius of the proposed communications tower site be contacted and that one or more of the following reasons for not selecting such structure apply:

(a) The proposed antennas and related equipment would exceed the structural capacity of the existing structure, and its reinforcement cannot be accomplished at a reasonable cost.

(b) The proposed antennas and related equipment would cause radio frequency interference with other existing equipment within or mounted on the existing structure, and the interference cannot be prevented at a reasonable cost.

(c) Such existing structures do not have adequate location, space, access or height to accommodate the proposed equipment or to allow it to perform its intended function.

(d) Addition of the proposed antennas and related equipment would result in electromagnetic radiation from such structure, exceeding applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation.

(e) A commercially reasonable agreement could not be reached with the owners of such structure.

(5) Access shall be provided to the communications tower and communications equipment building by means of a public street or easement to a public street. The easement shall be a minimum of 20 feet in width and shall be improved to a width of at least 10 feet with a dust-free, all-weather surface for its entire length.

(6) A communications tower may be located on a lot occupied by other principal structures and may occupy a leased area within a lot as long as the total lot meets the minimum lot size requirements for the applicable zoning district.

(7) Recording of a plat for subdivision or land development shall not be required for a lease parcel on which a communications tower is proposed to be constructed, provided the communications equipment building is unmanned.

(8) In all zoning districts in which communications towers are permitted, the maximum height of any communications tower shall be 150 feet. The applicant shall demonstrate that the proposed height of the communications tower is the minimum height necessary to perform it function.

(9) The foundation and base of any communications tower shall be set back from any property line (not lease line) at least one foot for each one foot of height.

(10) The foundation and base of any communications tower shall be landscaped so as to screen the foundation, base and communications equipment building from abutting properties in accordance with § 390-139B of this chapter.

(11) The applicant shall submit the following as part of any applicable conditional use, special exception, and/or building permit application:

(a) Certification from a Pennsylvania-registered professional engineer that the proposed communications tower will be designed and constructed in accordance with the current Structural Standards for Steel Antenna Towers and Antenna Supporting Structures, published by the Electrical Industrial Association/Telecommunications Industry Association, and applicable requirements of the Township Building Code.

(b) A copy of its current Federal Communications Commission license; the name, address and emergency telephone number for the operator of the communications tower; and a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence, covering the communications tower and communications antennas.

(12) All guy wires associated with a guyed communications tower shall be clearly marked so as to be visible at all times and shall be located within a fenced enclosure.

(13) The site of a communications tower shall be secured by a fence with a maximum height of eight feet to limit accessibility by the general public.

(14) One off-street parking space shall be provided within the fenced area.

(15) No signs or lights shall be mounted on a communications tower, except as may be required by the Federal Communications Commission, Federal Aviation Administration or other governmental agency which has jurisdiction.

(16) Communications towers shall be protected and maintained in accordance with the requirements of the Township Building Code.

(17) Communications towers within the French Creek Scenic River Corridor, as identified by § 390-149 of this chapter, shall be prohibited.

(18) Where permitted, communications towers within visual resource areas, as identified on the Visual Resources Map of the Township Open Space and Recreation Plan, or within National Register Historic Districts shall be of such design and treated with an architectural material so that they are camouflaged to either resemble a tree, farm silo, or similar feature.

(19) If a communications tower remains unused for a period of 12 consecutive months, the owner or operator shall dismantle and remove the communications tower within six months of the expiration of such twelve-month period.

(20) Any tower or antenna deemed to be hazardous and unrepairable by the Township Engineer must be dismantled at the owner's expense within 60 days of notice thereof by the Zoning Officer. If the owner fails to comply within the above period, the Township may contract to have the tower or antenna dismantled and shall bill the owner for such expense plus a 20% penalty, payable within 30 days of the billing date. All dismantled parts shall remain on the owner's property or be disposed of properly.

C. Structural changes or conversion of single-use towers or antennas to multi-use purposes shall be considered a new use if the change involves the mounting or placement of any new equipment.

D. Increasing the height of any tower or antenna which will terminate over 35 feet from ground level shall be treated as a completely new use, and all procedures pertaining to new towers or antennas shall be followed.

§ 390-168 Trails.

Existing trails shall be preserved in accordance with the provisions of § 315-48 of Chapter 315, Subdivision and Land Development, of the Code of the Township of West Vincent.

§ 390-169 Visibility at intersections.

The following shall apply to all zoning districts:

A. On any lot, no wall, fence or other obstruction shall be erected, allowed or maintained, and no hedge, tree, shrub or other vegetation shall be planted or exist within any road right-of-way or which obscures the view of approaching traffic.

B. Clear sight triangles shall be maintained at all street intersections. Within such triangles, no object which obscures vision above a height of 3.5 feet and below a height of 10 feet shall be permitted. Heights shall be measured from the center-line grade of the street intersection. Such triangles shall be established of a distance from the curbline or edge of pavement of the intersecting street according to the following street functions:

(1) Distances for collector and arterial roads shall be in conformance with PennDOT standards, but shall in no case be less than 400 feet in each direction along the collector or arterial road.

(2) Distances for local access streets, except single-access streets, shall be based on the posted speed limit of the local-access street per § 390-136 of this chapter, but no less than 250 feet in each direction along the local access street.

(3) Distances for single-access streets shall be no less than 150 feet along the single-access street.

(4) Where an intersection is controlled by a stop sign or traffic signal, the clear sight distance shall be measured from a point in the center of the controlled or lesser street 10 feet back from the curbline or edge of pavement of the uncontrolled or through street.

§ 390-170 Well ordinance requirements.

The use and development of all properties in the Township shall comply with the terms of the West Vincent Township Well Ordinance (Ordinance No. 97-78, as amended), the terms of which are hereby incorporated by reference. See Chapter 368, Water, Article I, Well Development, of the Township's Code.

§ 390-171 Yard sales.

Yard or garage sales shall be permitted as an accessory residential use under the following conditions:

A. The number of sales shall not exceed two per year for each single-family or two-family dwelling, or two per year for each multifamily development, with each sale limited to two consecutive days.

B. All items offered for sale shall be the original property of the person(s) conducting the sale. No retail or wholesale merchandise purchased for resale shall be permitted.

C. A minimum of three parking spaces shall be provided outside the right-of-way of any public road or street.

D. Signs advertising yard or garage sales shall comply with the provisions of Article XXI of this chapter.

§ 390-172 Agricultural village community.

An agricultural village community (AVC) may be permitted in the R-2 Residential District as a conditional use when authorized by the Board of Supervisors, subject to the standards established herein and the applicable standards of § 390-219 of this chapter:

A. The AVC shall be planned, developed and operated according to a unified plan under the direction of a single owner or agent for the owner. As part of the conditional use application, a plan shall be submitted, depicting the building types and general layout of the AVC.

B. The minimum tract size for an AVC shall be 300 contiguous acres.

C. The maximum density within an AVC shall not exceed two acres per dwelling unit, based on the adjusted tract acreage. Four beds for patient, resident and/or staff person use provided within a medical facility within the AVC shall be deemed the equivalent of one dwelling unit. Five unrelated individuals housed within the AVC shall be deemed the equivalent of one dwelling unit.

D. The AVC may provide individual dwelling units in any combination of single-family or multifamily units. The AVC shall also include a community center or other facilities, such as administrative offices, auditorium, meeting and activity rooms, arts and craft rooms, cooking and dining facilities, library, lounges, or similar low- to medium-intensity recreational, vocational, therapeutic, administrative and educational facilities, when available for use by residents, support staff and guests of the AVC.

E. The additional facilities listed below may be provided as part of the AVC when provided in support of and subordinate to the AVC:

(1) Medical facilities, including rehabilitation, nursing and convalescent facilities primarily for residents;

(2) Retail shops, designed primarily to serve the residents and support staff, but also open to the general public, including coffee shop, barber or beauty shop, doctor's office, pharmacy, gift shop, or similar service shops.

F. A minimum of 80% of the adjusted tract acreage shall be designated as and used exclusively for agricultural use or greenway land. Ownership, location, design and layout, and maintenance of the agricultural land or greenway land shall be in accordance with the requirements of § 390-107 and Article XX of this chapter.

G. A minimum setback of 100 feet from any new buildings over 500 square feet to all tract boundaries, in which no buildings shall be located, may be required, at the discretion of the Board of Supervisors. The screening requirements of § 390-139B of this chapter shall be incorporated within setback areas.

§ 390-173 Tracts subject to multiple zoning districts.

A. As a conditional use and in order to create larger greenway areas and/or to preserve special areas/features of a tract or tracts of land located in more than one of the R-2, R-3, RC and VCR Zoning Districts, the property owner may develop the subject tract or tracts of land (hereinafter "unified subject tract") as a unitary development, in accordance with the following conditions:

(1) The maximum number of dwelling units permitted on the unified subject tract shall be the sum of the maximum number of dwelling units permitted for the separate parts of the subject tract in accordance with the zoning district applicable to each separate part.

(2) Development of the unified subject tract shall not exceed the other area and bulk requirement standards for the lesser or least restrictive zoning district; that is, the zoning district that imposes the lesser or least standards.

(3) The unified subject tract of land shall have a minimum of 10 acres in each zoning district applicable to the subject tract and must be comprised of contiguous parcels of land that may be separated by an existing road, unless the use proposed is one for which the separation of a tract by a road is explicitly prohibited by this chapter.

(4) The burden of proof shall be on the applicant to demonstrate, through the submission of comparative plan analyses, studies and such other relevant information requested by the Board at the conditional use hearing, that larger contiguous tracts of greenway and/or "special areas/features" will result as a consequence of the unified zone and that, where applicable, there shall be permanent greenway protection through conservation easements as provided for in § 390-123D of this chapter.

B. The procedural provisions of § 390-219B of this chapter are incorporated herein by reference, except as otherwise expressly provided in this section. All other provisions of § 390-219 shall not apply to an application for approval under this section. An applicant seeking conditional use approval under this § 390-173, however, is not required to establish that it complies with the provisions of § 390-219C unless the applicant is seeking additional conditional use relief under another provision of this chapter which explicitly incorporates § 390-219.

C. Additionally, an applicant who seeks approval solely under the provisions of this § 390-173 of this chapter, and who does so in concert with a subdivision and/or land development plan application for the unified subject tract, need not obtain approval under this section prior to preliminary subdivision and/or land development plan approval, anything in § 390-219 or 390-219B(8) to the contrary notwithstanding. Should an applicant elect to file an application under § 390-173 after having received preliminary subdivision and/or land development plan approval, it shall be understood that securing § 390-173 conditional use approval shall be a condition of any such preliminary plan approval, and that no final subdivision and/or land development plan approval may be granted absent approval by the Board of Supervisors under the provisions of § 390-173.

§ 390-174 Tree protection.

[Amended 10-17-2022 by Ord. No. 202]

A. General requirements. Except for timber harvesting performed pursuant to § 390-166 of this chapter, clearing of forests, woodlands, and specimen trees shall be minimized when performed in the execution of Township-permitted activities. Where clearing and tree removal is determined by the Board of Supervisors to be necessary for the reasonable use and improvement of property, the following standards shall apply:

(1) The maximum allowable clearing of wooded areas on a lot or tract for permitted construction or land development shall be as follows:

Critical value forests - 15%

Non-critical value forests - 20%

Critical value woodlands - 25%

Non-critical value woodlands on residential tracts - 35%

Non-critical value woodlands on nonresidential tracts - 50%

In cases where the Board of Supervisors determines that there is no feasible alternative to exceeding these thresholds, replacement tree plantings shall be provided per Subsection C below for any tree of 12 inches or greater DBH.

(2) Where disturbance of wooded areas is unavoidable, disturbance of critical value woodland or forest shall be permitted only when there is no possible alternative disturbance on a non-critical value woodland or forest.

(3) Each building and/or structure shall be constructed in such a way as to provide the least alteration or disturbance of existing trees, woodlands and forests. Clear cutting shall be minimized and trees shall be selectively removed where possible.

(4) Preserved woodlands and forests shall interconnect with wooded areas on adjacent properties in order to preserve interconnected and unfragmented habitats and to enable natural movement and migration of wildlife.

B. Protection of specimen and heritage trees. Any officially listed heritage tree shall require Township approval prior to removal. Specimen trees shall not be removed from any lot or tract which is the subject of a subdivision or land development application except where the landowner demonstrates to the satisfaction of the Township Board of Supervisors that such removal is essential to facilitate reasonable use or improvement of the property. In such cases, removal of specimen trees shall be minimized. When removed, specimen trees shall be replaced in accordance with Subsection C below.

C. Tree replacement.

(1) Tree replacement standards. The cutting of declining, damaged or diseased trees, or those which present a hazard to an existing structure are exempt from the tree replacement requirement. Otherwise, any landowner who removes or causes to have removed a specimen tree, or trees in excess of the clearing thresholds in Subsection A(1) above, shall provide replacement tree mitigation pursuant to the following standards:

(a) When required, the replacement of trees shall occur on the same lot or tract where disturbance occurs, except as may otherwise be permitted in Subsection C(1)(b) below, and shall occur as prescribed in the following tree replacement schedule:

[1] Replacement deciduous trees shall be a minimum of two inches' caliper, or eight feet minimum height if multistem trees. Evergreen replacement trees shall be seven feet minimum height.

[2] The number of replacement trees shall be determined by dividing the cumulative diameter at breast height (DBH) of the trees to be replaced by the factors below and rounding up to the next whole number of trees:

[a] Critical value forest/woodland trees - total tree DBH inches to be removed divided by four.

[b] Non-critical value forest/woodland trees - total tree DBH inches to be removed divided by six.

[3] Replacement trees shall be of nursery grade quality. Any native species tree proposed as part of a land development or other site improvement may count toward the replacement requirement.

(b) Where replacement trees are required but not suitable for the particular site prescribed due to the size of the site or other limitations, the Board of Supervisors may allow the following as alternative planting mitigation:

[1] The required number may be reduced by providing larger sized trees so that the total number of equivalent caliper inches is provided.

[2] The required trees may be planted on public lands, conservation lands, or for riparian buffer plantings. In such cases, each two-inch-caliper tree may be substituted with 12 #2 container trees planted on ten-foot centers as reforestation plantings.

[3] The applicant may provide a fee to the Township equal to the estimated installed value of plantings for subsequent installation on public lands, conservation lands, or for riparian buffer plantings.

(c) Replacement trees shall be monitored and guaranteed for a period of 18 months. If a replacement tree(s) dies or is dying within the guarantee period, the landowner shall replace the dead or dying tree(s).

D. Tree protection zone. A tree protection zone is an area radial to the trunk of a tree, woodland, or forest area to be preserved in which no disturbance shall occur, including earth disturbance, earth compaction, vehicular and foot traffic, material and stockpiling and/or construction of proposed improvements and utilities. The tree protection zone extends from the tree trunk a distance equal to 12 times the trunk diameter, or to the tree's dripline, whichever distance is greater. Thus, a twenty-four-inch DBH tree would have a circular critical root zone with a minimum radius of 24 feet. Sensitive species or mature trees in the last quarter of life expectancy will have larger tree protection zones, which should be established by an experienced arborist.

(1) Trees to be preserved within 50 feet of any proposed construction, grading, clearing, or related disturbance shall have their tree protection zones demarcated by minimum four-foot-high orange construction fencing or approved equivalent.

§ 390-175 Golf courses.

Golf courses shall comply with the following:

A. Golf courses may include tee boxes, fairways, managed roughs, greens, cart paths, accessory buildings less than 10,000 square feet in area (subject to all area and bulk requirements of the applicable zoning district), and practice facilities (but excluding a commercial driving range).

B. Neither the golf course nor any component thereof shall be utilized after sunset or before sunrise. The golf course shall not be lit for nighttime use, nor shall any golf clubhouse be utilized in any residential zoning district for restaurant service, receptions or commercial uses other than for incidental food service and incidental merchandise sales to the patrons of the golf course.

C. Audubon Gold Signature Sanctuary Program.

(1) Golf courses shall be certified, operated and continuously maintained under the Audubon Gold Signature Sanctuary Program, as administered by Audubon International (hereinafter "Audubon Gold Program"). As a component of the Audubon Gold Program, the applicant shall submit an environmental monitoring plan to the Board of Supervisors for its review and approval, which shall comply with the following standards:

(a) Elements addressed by the Audubon Gold Program shall include, but are not limited to, surface water and watercourses, groundwater quantity and quality, air quality, light pollution and noise levels.

(b) The scope of the Audubon Gold Program shall include the entire area on which the golf course is located and any watercourse or groundwater source which may, in the judgment of the natural resource manager approved by Audubon International, be affected by construction and operation of the golf course.

(c) Baseline monitoring shall be conducted for four seasonal periods prior to the start of construction pursuant to the Audubon Gold Program. Seasonal baseline monitoring shall continue if the start of construction extends beyond the four seasonal periods.

(d) A defined level of environmental impact at which some corrective action is required shall be established for each element in accordance with the Audubon Gold Program.

(e) Seasonal monitoring shall be conducted by a natural resource manager approved by Audubon International and the Township for the entire period during which the golf course is constructed and operated, and evidence of compliance with the Audubon Gold Program shall be sent to the Township.

(2) In the event that the applicant is unable to attain or retain certification under the Audubon Gold Signature Sanctuary Program, or in the event that Audubon International ceases to promulgate rules and regulations governing continued certification under the Audubon Gold Signature Program, the applicant shall be subject to the jurisdiction of the Township Board of Supervisors for compliance with an equivalent program that is selected or established by the Township, in its reasonable discretion.

D. Golf cart paths. All golf cart paths shall be constructed to a minimum of four feet in width and shall not exceed a maximum of 12 feet in width. Golf cart paths shall comply with the standards for driveways as set forth in Chapter 315, Subdivision and Land Development, of the Township's Code, except that golf cart paths may be constructed by conditional use on precautionary or prohibitive slopes, upon establishing compliance with Article XVII (considering golf cart paths as streets or roads).

E. Nine-hole golf courses shall not be permitted. The minimum permitted size of a golf course shall be 18 holes, which must be a minimum of 150 acres in area.

F. All golf courses shall be designed such that errant golf balls shall not intrude onto neighboring properties or roadways.

§ 390-175.1 Invasive plant species.

[Added 10-17-2022 by Ord. No. 202; amended 12-16-2024 by Ord. No. 210]

A. Purpose.

(1) The purpose of this section is to reduce the negative impacts of invasive species and noxious weeds on biodiversity, natural and agricultural resources, and public health, safety, and welfare through prevention, control, and restoration.

(2) The term "invasive species" refers to vegetative growth that can jeopardize the function, habitat value, and aesthetic integrity of natural areas by altering nutrient cycling, hydrology, light levels, affordance of habitat, and native species regeneration.

(3) Weeds and invasive species are regionally widespread, disturbance-adapted, grow vigorously in varied habitats, often have multiple means of reproduction, and can adapt flowering times and resource allocation. These traits are not limited to nonnative or nonindigenous species. Some native plants (e.g., Canada Goldenrod - Solidago canadensis) can become so abundant in certain situations that they degrade species diversity and habitat quality over time.

(4) Disturbed areas such as roadsides, agricultural fields, utility rights-of-way, logging sites, and construction zones are particularly susceptible to invasive species establishment. Invasion typically stems from a series of interacting factors, including invader traits, habitat characteristics, and the nature and timing of disturbance. Failing to address invasive species can have widespread impacts on biodiversity, silviculture, wildlife habitat, public health and safety, and recreational and aesthetic values.

B. Applicability. Invasive plants shall not be planted under any Township-permitted activity, and where present their management/eradication should be implemented to the extent possible.

C. Lists of invasive plant species. These lists are based on regional and Chester County floristic assessments, but may not include all invasive plants that could occur in West Vincent Township. Species are listed by type (i.e., tree, shrub, vine, grass, etc.) with habitat and reproductive means noted. Species designated as noxious weeds under Pennsylvania's Noxious Weed Control Law (Chapter 110)[1] are marked with a star (*). Species available in the nursery trade as landscape plants are marked with a degree symbol (°).

Trees
Common Name	Botanical Name	Habitat	Reproductive Means
Callery (Bradford) Pear°	Pyrus calleryana	Open uplands	Seed
Norway Maple°	Acer platanoides	Open to shaded uplands and lowlands	Seed
Paper Mulberry	Broussonetia papyrifera	Open to semi-shaded uplands and lowlands	Seed
Princesstree (Empress Tree)°	Paulownia tomentosa	Open uplands	Seed
Silk Tree (Mimosa)°	Albizia julibrissin	Open uplands and lowlands	Seed Resprouts vigorously
Tree-of-Heaven	Ailanthus altissima	Open uplands and lowlands	Seed Resprouts vigorously
White Mulberry°	Morus alba	Open to semi-shaded uplands and lowlands	Seed

° Sold in the nursery trade as an ornamental

Shrubs
Common Name	Botanical Name	Habitat	Reproductive Means
Autumn and Russian Olive	Eleangus spp.	Open to semi-shaded uplands and lowlands	Seed Vegetative (limited)
Burning Bush°	Euonymus alatus	Open to shaded uplands and lowlands	Seed
Bush Honeysuckles°	Lonicera spp.	Open to shaded uplands and lowlands	Seed Vegetative
Butterflybush°	Buddleja spp.	Open uplands	Seed
Common Buckthorn	Rhamnus cathartica	Open uplands	Seed
Japanese Barberry°	Berberis thunbergii	Open to shaded uplands and lowlands	Seed
Multiflora Rose°	Rosa multiflora	Open uplands and lowlands	Seed
Privet°	Ligustrum spp.	Open to semi-shaded uplands and lowlands	Seed Vegetative
Wineberry	Rubus phonicolasius	Open to semi-shaded uplands and lowlands	Seed Vegetative

* Noxious weed as designated by Pennsylvania's Noxious Weed Control Law

° Sold in the nursery trade as an ornamental

Grasses, Rushes, and Sedges
Common Name	Botanical Name	Habitat	Reproductive Means
Bamboos°	Bambusa vulgaris, Phyllostachys aurea, Pseudosasa japonica	Open to semi-shaded uplands and lowlands	Vegetative
Common Reed	Phragmites australis	Open uplands and lowlands	Seed Vegetative
Japanese Stiltgrass (annual)	Microstegium vimineum	Open to shaded uplands and lowlands	Seed Tillers (vegetative)
Johnsongrass*	Sorghum halepense	Open uplands, lowlands	Seed Vegetative
Reed Canary Grass	Phalaris arundinacea	Open lowlands	Seed Vegetative

* Noxious weed as designated by Pennsylvania's Noxious Weed Control Law

° Sold in the nursery trade as an ornamenta

Herbaceous Forbs
Common Name	Botanical Name	Habitat	Reproductive Means
Bull Thistle*	Cirsium vulgare	Open uplands and lowlands	Seed
Canada Thistle*	Cirsium arvense	Open uplands and lowlands	Seed Vegetative
Chinese Lespedeza (semi-woody)	Lespedeza cuneata	Open uplands and lowlands	Seed
Common Crown Vetch	Coronilla varia	Open uplands and lowlands	Seed Vegetative
Garlic Mustard (biennial)	Allaria petiolata	Open to shaded uplands and lowlands	Seed
Giant Hogweed *(biennial)	Heracleum mantegazzianum	Open uplands and lowland	Seed
Japanese Knotweed	Fallopia japonica	Open uplands and lowlands	Seed Vegetative
Lesser Celandine	Ranunculus Ficaria	Open to shaded lowlands	Seed Vegetative
Mugwort (Common Wormwood)	Artemisia vulgaris	Open to semi-shaded uplands and lowlands	Seed Vegetative
Purple Loosestrife*	Lythrum salicaria	Open lowlands	Seed Vegetative
Shrubby Bushclover	Lespedeza bicolor	Open to semi-shaded uplands and lowlands	Seed Vegetative
Spotted Knapweed	Centaurea stoebe ssp. micranthos	Open uplands	Seed

* Noxious weed as designated by Pennsylvania's Noxious Weed Control Law

° Sold in the nursery trade as an ornamental

Vines
Common Name	Botanical Name	Habitat	Reproductive Means
Common Periwinkle°	Vinca minor	Open to shaded uplands and lowlands	Vegetative
English Ivy°	Hedera helix	Open to shaded uplands and lowlands	Seed Vegetative
Japanese Honeysuckle°	Lonicera japonica	Open to shaded uplands and lowlands	Seed
Japanese Hop (annual)	Humulus japonicas	Open to semi-shaded uplands and lowlands	Seed
Kudzu*	Pueraria montana var. labata	Open to semi-shaded uplands and lowlands	Seed Vegetative
Mile-a-Minute (annual)*	Polygonum perfoliatum (Persicaria perfoliata)	Open to semi-shaded uplands and lowlands	Seed
Oriental Bittersweet°	Celastrus orbiculatus	Open to shaded uplands and lowlands	Seed Vegetative
Porcelainberry	Ampelopsis brevipedunculata	Open to semi-shaded uplands and lowlands	Seed
Swallowwort, black	Cynanchum louiseae	Open to semi-shaded uplands and lowlands	Seed
Swallowwort, European	Vincetoxicum rossicum	Open to semi-shaded uplands and lowlands	Seed
Wisteria (Chinese and Japanese)°	Wisteria sinensis Wistera floribunda	Open to semi-shaded uplands and lowlands	Seed Vegetative

* Noxious weed as designated by Pennsylvania's Noxious Weed Control Law

* Sold in the nursery trade as an ornamental

Aquatic Plants
Common Name	Botanical Name	Habitat	Reproductive Means
Eurasian Water Milfoil	Myriophyllum spicatum	Disturbed water bodies	Vegetative
Parrot-Feather	Myriophyllum aquaticum	Nontidal, slow moving, often high-nutrient freshwater	Vegetative
Water Chestnut	Trapa natans	Freshwater, often nutrient-rich lakes and rivers	Vegetative

Species to Monitor for Invasive Proliferation
Common Name	Botanical Name	Habitat	Reproductive Means
Hydrilla (aquatic)	Hydrilla verticillata	Freshwater	Vegetative
Japanese Silvergrass°	Miscanthus sinensis	Open to semi-shaded uplands and lowlands	Seed
Jetbead (shrub)°	Rhodotypos scandens	Open to semi-shaded uplands and lowlands	Seed
Small Carpetgrass	Arthraxon hispidus	Open uplands and lowlands	Seed
Wavyleaf Basketgrass*	Oplismenus hirtellus ssp. undulatifolius	Open to shaded uplands and lowlands	Seed Roots at lower stem nodes

* Noxious weed as designated by Pennsylvania's Noxious Weed Control Law

° Sold in the nursery trade as an ornamental

[1] Editor's Note: See 7 Pa. Code § 110.1 et seq.

D. Bamboo. Bamboo shall be regulated pursuant to Chapter 125 of the Township Code.

E. Prevention and control of invasive plant proliferation. The procedures described in Appendix M[2] shall be incorporated on any property subject to West Vincent Township application or permit, and are recommended practices for any other property in the Township. Where conflict in the language exists as to the regulation of Bamboo, the provisions of Chapter 125 shall apply.

[2] Editor's Note: Said appendix is included as an attachment to this chapter.