Township of West Whiteland, PA Article VIII Supplementary Land Use Regulations

§ 325-21 Agricultural land use.

Permitted uses:

A. Agricultural uses, single-family dwellings and usual agricultural building shall be permitted as follows:

(1) Raising of garden produce, incidental to residential uses, shall be permitted without restriction.

(2) To qualify for agricultural use, the minimum lot size shall be five acres.

(3) Except for a dwelling, no mushroom house, barn or other agricultural structure shall be constructed closer than 100 feet to any lot boundary.

(4) The number of dwellings permitted on a farm shall not be limited provided gross density shall not exceed one single-family dwelling per 10 acres and dwellings shall be separated by a minimum of 100 feet.

(5) Silos and bulk bins shall be exempted from area and bulk regulations when attached to an existing building.

(6) The storage or stockpiling of manure or other odor- or dust-producing substance shall not be permitted within 100 feet of any lot boundary or watercourse.

(7) The keeping of animals, exclusive of customary household pets, shall not be permitted except on property qualifying for agricultural use in accordance with the provisions of this section. The keeping of more than two farm animals, or the keeping of not more than four horses maintained for the private use of the individual property owner, shall not be permitted on lots of less than 10 acres in size.

(8) Slaughtering operations for commercial purposes when authorized by the Zoning Hearing Board as a conditional use shall be permitted only within commercial and industrial districts on lots of not less than five acres.

(9) All pasture or exercising areas shall be fenced.

(10) Lots shall be graded so that animal wastes are confined to the lot on which they originate.

B. The display and sale of agricultural products shall be permitted from a temporary stand dismantled and removed at the end of the growing season or from a permanent building subject to land development procedures; provided that:

(1) All such products displayed for sale shall be produced on the agricultural land contiguous to said building.

(2) Such permanent building shall comply with the applicable zoning district setback requirements and such temporary stand shall be located at least 20 feet from the curbline or cartway edge.

(3) A minimum of three off-street parking spaces, or one space for each 300 square feet of building floor area, whichever shall be greater, shall be provided behind the street line.

§ 325-22 Recreational land use.

A. Permitted uses:

(1) Nonprofit facilities including, but not limited to, park, play field, playground, arboretum, conservation area, wildlife sanctuary, winter sport, swimming pool, boating, horseback riding, fishing, foot, bicycle and bridle path, picnic area, tennis and other racquet game court or any similar use characteristically identified with open space areas, and of a noncommercial nature, but in accordance with the following development standards:

(a) Impervious cover for the use shall not exceed 15% of the lot area, including pedestrian or bicycle paths.

(b) Any improvement such as a building or structure excluding impervious cover, foot or bicycle paths and unnecessary accessways, shall be no closer than 100 feet to any lot boundary.

(2) Any of the following uses when permitted by the Board of Supervisors as a conditional use in the I-2 Industrial District only as provided in § 325-124:

(a) Any use permitted in this subsection that is commercial or exceeds the development standards of that section.

(b) Golf course, racquet club or other similar commercial or noncommercial recreation club.

(c) Campground or recreational vehicle park (excluding mobile home).

(d) Auxiliary uses customarily incidental to operation of the uses in Subsection A(2)(a), (b) and (c) above, including a restaurant, locker room, laundry, management headquarters, residence, nursery and day-care center.

(3) Recreational facilities for public use that are owned by West Whiteland Township and/or Chester County. Such facilities may include managed open space areas, conservation areas, wildlife sanctuaries, recreational trails (except that trails intended for use by motorized recreational vehicles shall not be permitted), arboreta, play fields, playgrounds, outdoor game courts (tennis, basketball, and volleyball), nonmotorized boating, fishing, and buildings and structures appurtenant to such uses, including parking areas, administrative offices, park maintenance facilities, interpretive areas, rest rooms, locker rooms, shower facilities, and other uses clearly supportive of the recreational function. Facilities not listed here may be permitted, subject to a determination by the Board of Supervisors during the land development review process that such facilities are consistent with recreational use. Properties developed for this use shall comply with the following standards:

[Added 4-11-2006 by Ord. No. 337]

(a) Impervious cover shall not exceed 15% of the lot area. Surfaces improved to allow use as a recreational trail shall be included in this calculation. Where a recreational facility will occupy a number of contiguous lots all owned by the same entity, this limit shall be applied to the entire area of such lots and not to each individual lot.

(b) With the exception of access drives, any other improvement such as a building or structure, recreational trail, or unnecessary accessway, shall be set back at least 100 feet from all property lines, except where the adjoining property or properties is/are also in public recreational use and where it is the intent to develop all such properties as a single facility or in accordance with a master development plan approved by the Township.

B. Development standards. Any use permitted in Subsection A(2) as a conditional use shall comply with the following:

(1) Development plans for any use under this section shall be subject to review and approval by the Township.

(2) Minimum lot size shall be five acres.

(3) Any structure, building, parking, storage, loading or paved areas excluding foot and bicycle paths, and other than necessary accessways to a public street, shall not be located closer than 100 feet to any lot line, and shall be buffered from dwellings in accordance with § 325-33 if located within or abutting a residential district.

(4) Vehicular access for the use shall be from an arterial or collector street only in a residential district or residential development.

(5) Auxiliary uses shall be restricted in their use to employees, patrons, members and guests of the principal use. Such establishments shall present no visible evidence from any public street of their commercial character which would attract persons other than employees, patrons, members and guests.

§ 325-23 Accessory use regulations.

A. Swimming pools.

(1) No swimming pool shall be sited such that any portion of the water surface is closer than 15 feet to any dwelling unit.

[Amended 5-30-2012 by Ord. No. 399]

(2) When accessory to a residential use, swimming pools shall not be located in a front yard, nor less than 25 feet from any lot line, nor within 40 feet of any street line.

B. Home occupations.

[Amended 3-10-2004 by Ord. No. 310; 8-23-2017 by Ord. No. 437]

(1) The Township hereby establishes three categories of permitted home occupations:

(a) No-impact home-based business. A no-impact home-based business, as that term is defined by the Municipalities Planning Code and by Article II hereabove, is permitted by right as an accessory use in all dwelling units in all zoning districts, subject to the following requirements:

[1] The business shall be compatible with the residential use of the property and shall not impede the enjoyment or use of any other property or dwelling unit by their occupants.

[2] All employees of the business shall be residents of the dwelling unit wherein it is located.

[3] There shall be no display or sale of goods related to the business.

[4] All storage and stockpiling of materials related to the business shall be completely enclosed such that the materials are not evident from anywhere beyond the property line nor from any other dwelling unit.

[5] There shall be no exterior evidence of a business use, including, but not limited to, signage and marked parking areas; there shall be no exterior lighting other that what is permitted for residential uses in the zoning district wherein the business is located. Exterior alterations to the dwelling shall be permitted only to the extent that they are consistent with the residential character of the structure and the neighborhood.

[6] The business shall not generate any pedestrian or vehicular traffic by clients or customers; traffic by pickup, delivery, and removal services shall not exceed that normally associated with residential use.

[7] The business shall not use any equipment or process that creates noise, vibration, glare, fumes, odors, or electrical or electronic interference, including interference with radio or television reception, which is detectable beyond the property line or from any other dwelling unit.

[8] The business shall not generate any solid waste or sewage discharge in volume or type beyond which is normally associated with residential uses.

[9] The business activity shall be conducted only within the dwelling unit and shall not occupy more than 25% of the habitable floor area of the dwelling unit.

(b) Standard home occupation business. A standard home occupation business is a type of home occupation, as that term is defined in Article II hereabove, that is permitted by right as an accessory use only in single-family, two-family, and townhouse dwelling units in all zoning districts, subject to the following requirements:

[1] The business shall be compatible with the residential use of the property and shall not impede the enjoyment or use of any other property or dwelling unit by their occupants.

[2] Not more than one standard home occupation shall be permitted per dwelling unit; a standard home occupation shall not be permitted in a dwelling unit accommodating a special home occupation.

[3] At least one employee of the business shall be a resident of the dwelling unit wherein it is located. Where the business occupies less than 1,000 square feet of floor space, one nonresident employee is permitted; where the business occupies 1,000 square feet or more of floor space, two nonresident employees are permitted; there is no restriction on the number of resident employees. One off-street parking space must be provided for each nonresident employee in addition to the parking spaces required for the residential use.

[4] There shall be no display or sale of goods related to the business visible beyond the property line.

[5] All storage and stockpiling of materials related to the business shall be completely enclosed and not evident from anywhere beyond the property line nor from any other dwelling unit.

[6] There shall be no exterior evidence of a business use, including, but not limited to, signage and marked parking areas; there shall be no exterior lighting other that what is permitted for residential uses in the zoning district wherein the business is located. Exterior alterations to the dwelling shall be permitted only to the extent that they are consistent with the residential character of the structure and the neighborhood.

[7] In the interest of limiting vehicular and pedestrian traffic, the business shall not be visited by more than three customers or clients in the course of any twenty-four-hour period; all such visits shall be between the hours of 7:00 a.m. and 8:00 p.m., prevailing time.

[8] The business shall not use any equipment or process, nor shall it cause any electronic interference, including interference with radio or television reception, which is detectable beyond the property line or from any other dwelling unit.

[9] The business shall not generate any solid waste or sewage discharge in volume or type beyond which is normally associated with residential uses.

[10] The floor area dedicated to the business (including the floor area of any accessory structure dedicated to the business) shall not exceed 25% of the habitable floor area of the dwelling unit.

[11] Businesses deemed to be a special home occupation business shall not be allowed as a standard home occupation business.

(c) Special home occupation business. A special home occupation business is a type of home occupation, as that term is defined in Article II hereabove, that is permitted by right in all zoning districts as an accessory use only of a single-family detached dwelling unit situated on a lot with a gross lot area of 0.50 acre or more (except that family daycare homes and group day-care homes shall have a minimum lot size requirement of 30,000 square feet [0.69 acre], pursuant to § 325-27A) and subject to the following requirements:

[1] The business shall be compatible with the residential use of the property and shall not impede the enjoyment or use of any other property or dwelling unit by their occupants.

[2] Not more than one special home occupation shall be permitted per dwelling unit; a special home occupation shall not be permitted in a dwelling unit accommodating a standard home occupation.

[3] At least one employee of the business shall be a resident of the dwelling unit wherein it is located. Where the business occupies less than 1,000 square feet of floor space, one nonresident employee is permitted; where the business occupies 1,000 square feet or more of floor space, two nonresident employees are permitted; there is no restriction on the number of resident employees. One off-street parking space must be provided for each nonresident employee in addition to the parking spaces required for the residential use.

[4] There shall be no display or sale of goods related to the business visible beyond the property line.

[5] All storage and stockpiling of materials related to the business shall be completely enclosed and not evident from anywhere beyond the property line nor from any other dwelling unit.

[6] Exterior evidence of a business use shall be limited to a single sign meeting the requirements of § 325-96B(1), herebelow, and marked parking spaces; however, this section shall not be interpreted to require a sign or marked parking spaces. There shall be no exterior lighting other that what is permitted for residential uses in the zoning district wherein the business is located. Exterior alterations to the dwelling shall be permitted only to the extent that they are consistent with the residential character of the structure and the neighborhood.

[7] In the interest of limiting vehicular and pedestrian traffic, the business shall not be visited by more than five customers or clients in the course of any twenty-four-hour period; all such visits shall be between the hours of 7:00 a.m. and 8:00 p.m., prevailing time. Family day-care homes and group day-care homes are exempt from this provision, but shall be bound by the limits in the definitions of those terms found in § 325-8 and by the provisions of § 325-27.

[8] The business shall not use any equipment or process, nor shall it cause any electronic interference, including interference with radio or television reception, which is detectable beyond the property line or from any other dwelling unit.

[9] The business shall not generate any solid waste or sewage discharge in volume or type beyond which is normally associated with residential uses.

[10] The floor area dedicated to the business (including the floor area of any accessory structure dedicated to the business) shall not exceed 25% of the habitable floor area of the dwelling unit.

[11] The following activities are permitted in residential zoning districts only as a special home occupation business:

[a] Family day-care homes and group day-care homes.

[b] Hair salon, nail salon, barbershop, and similar personal care services.

[c] Photography studio.

[d] The sale and transfer of firearms, pursuant to a valid federal firearms license.

[e] Animal grooming.

[f] Any business utilizing specialized motor vehicles, including marked delivery vehicles. Furthermore, no one motor vehicle shall exceed 10,000 pounds of gross vehicle weight, nor shall the combined weight of one vehicle and another vehicle (whether motorized or nonmotorized, such as a trailer) that are attached or are capable of being attached exceed 20,000 pounds of gross vehicle weight.

[g] Medical service office, as defined in Article II hereabove, for not more than one practitioner.

(2) Activities prohibited as home occupations. The following shall not be permitted as a home occupation.

(a) Illegal activities.

(b) Sexually oriented businesses.

(c) Motor vehicle and small engine repair, including auto body repair and the repair and/or painting of automobiles, trailers, boats, and/or aircraft.

(d) Adult day care.

(e) Veterinarian office.

(f) Animal boarding.

(g) Eating and drinking establishment.

(h) Retail sales.

(i) Funeral home or mortuary.

(j) Machine shops.

(k) Manufacture of fireworks.

(l) The refinishing or restoration of woodwork, furniture, or artifacts requiring flammable, explosive, or otherwise hazardous materials.

(m) Any use found to be a nuisance, incompatible with the character of the neighborhood, or a detriment to nearby residents.

(3) Anyone wishing to establish a home occupation business other than a no-impact home-based business shall apply to the Township for a use and occupancy permit for the said occupation and shall provide the following information for review:

(a) A floor plan of the dwelling unit, indicating points of access and sufficient information to determine compliance with the space limitations noted above.

(b) A sketch plan of the lot indicating adequate additional parking for the intended use and buffering if applicable.

C. Amateur radio service communications. Amateur radio service communications antennas and amateur radio service communications support structures shall be permitted accessory to a residential use, subject to the following conditions and restrictions.

[Amended 3-10-2004 by Ord. No. 310; 3-26-2008 by Ord. No. 359; 3-14-2012 by Ord. No. 397; 3-31-2015 by Ord. No. 422]

(1) The height of such antennas, including the support structure, shall not exceed 65 feet above ground level.

(2) No such antenna or support structure shall be placed in a front yard.

(3) No such antenna or support structure shall be permitted within any registered historic district.

(4) No such antenna or support structure shall be permitted within 300 feet of any historic structure, as defined in § 325-8 hereabove.

(5) The Township may require the owner of the property accommodating the antenna or support structure to provide documentation of the structural soundness of the structure(s), to provide documentation of compliance with state and federal regulations, to provide fencing, and/or to provide visual screening as the Township may determine necessary in the interest of protecting the public health, safety, and welfare.

§ 325-24 Junkyards.

The following regulations shall apply:

A. Where a junkyard is located on a property which is adjacent to a residential district or use, there shall be a setback from the district boundary or lot line of at least 100 feet buffered in accordance with § 325-33.

B. The maximum lot coverage for storage and buildings or structures shall not exceed 70%.

C. The area where junk or any other material is stored outside shall be enclosed with a wall, landscaping, fence, etc., at least six feet in height and which is designed and constructed so as to be at least 90% solid or opaque.

D. Storage piles shall not exceed six feet in height and no more than two adjoining rows of junked cars shall be stored together.

E. There shall be provided at least a twelve-foot-wide accessway which shall be kept clear and free at all times to provide for easy access to all parts of the premises for fire-fighting and other safety or emergency purposes.

F. Gasoline and oil shall be removed from any junk or other items stored on the premises. Such liquids shall be removed and disposed of in a proper manner and shall not be deposited on or onto the ground.

G. No junk or other material shall be burned on the premises.

H. No garbage or other waste liable to give off a foul odor or attract vermin or insects shall be kept on the premises.

I. Weeds and grasses, etc., shall not exceed eight inches in height.

J. All junk shall be stored or arranged to prevent accumulation of water.

K. In addition to these requirements the standards of Chapter 185, Junkyards, of the Code of the Township of West Whiteland shall apply.

§ 325-25 Conversion of dwellings.

[Amended 3-10-2004 by Ord. No. 310]

The Board of Supervisors may authorize as a conditional use, the conversion of single-family dwellings in the R-3 Residential District into a use permitted in the R-3 Residential District existing at the effective date of this chapter on a designated lot, subject to the following requirements:

A. Site and architectural plans for the conversion of said dwelling shall be submitted, together with an application for a conditional use. If two or more families are to be housed above the ground floor, such plans shall bear the approval of the Pennsylvania Department of Labor and Industry as required by law.

B. Such plans shall provide adequate and suitable parking or storage space for at least two automobiles per dwelling unit.

C. Required parking spaces shall not be located within any required yard area.

D. The lot area per dwelling unit shall not be reduced to less than the lot area required for the district in which such lot is situated.

E. The yard, building area and other applicable requirements of the district shall not be reduced.

F. There shall be no external alteration of the building except as may be necessary for reasons of safety; fire escape and outside stairways shall, where practicable, be located to the side or rear of the building.

G. The resulting dwelling units shall have a minimum floor area of 500 contiguous square feet.

H. Where public sewage disposal is not utilized, the applicant shall submit to the Township a permit for an on-site sewage disposal system issued by the Chester County Health Department, certifying the sewage disposal facilities are adequate for the projected number of residents.

§ 325-26 Clustering and lot averaging development options.

A. Purpose. Subject to § 325-124A below, in accordance with the community development objectives in Article I, it is the purpose of this section to do the following:

(1) Permit a more varied, efficient and economical development pattern.

(2) Foster the protection of critical natural resources, such as streams, ground water, floodplains, wet soils, steep slopes, woodlands and wildlife habitat areas.

(3) Conserve open space areas and amenities within residential subdivisions, as well as where subdivisions shall be of sufficient size, to provide open space areas for passive and/or active recreation use.

(4) Reduce impervious surface and utilities, resulting in a lesser increase in stormwater runoff as well as a reduction in subdivision improvement costs.

(5) Minimize the potential adverse aesthetic effects of land development on the Township as a whole, and on historic sites and scenic resources identified on Map 2.4.4, Historic and Scenic Resources in the Comprehensive Plan, and Map No. 7 of the Township Open Space and Recreation Study.

B. Eligibility. As an option permitted in the R-1 Residential District of this chapter, a developer may be allowed to modify the area and bulk regulations for single-family dwellings only provided that for lot averaging, the minimum tract size is five acres, for clustering, the minimum tract size is 25 acres and for both lot averaging and clustering the development will have both public sewer and water.

[Amended 3-10-2004 by Ord. No. 310]

C. Development controls.

(1) In utilizing the cluster development option, the maximum gross density of the tract may be increased by 20% over what would otherwise be permitted by the zoning district regulations. In utilizing the lot averaging development option, the maximum gross density is the same that would be permitted by the zoning district regulations. In order to demonstrate compliance with this subsection, a yield plan indicating the number of lots for a conventional subdivision shall be prepared. The yield plan should be drawn at a scale not less than 200 feet per inch. The plan should accurately delineate woods and tree lines, steep slopes, floodplains and wetlands, as well as a road and lot layout drawn to the requirements of the R-1 Residential District. In addition to any other information required herein, this plan shall comply in all respects with the requirements for a sketch plan, pursuant to § 281-15 in Chapter 281, Subdivision and Land Development, of the Code of the Township of West Whiteland, as well as all other applicable requirements of that chapter and of this Chapter 325, Zoning . It is the intent of this section to protect the environmentally sensitive areas as well as the existing character of the Township. However, the applicant shall be entitled to the total number of dwelling units permitted pursuant to the R-1 Residential District regulations. Once the number of dwelling units that is achievable through the R-1 Residential District has been ascertained through the review of the submitted yield plan, then that number of dwelling units, plus an additional 20%, may be incorporated into a plan pursuant to this section.

[Amended 3-10-2004 by Ord. No. 310]

(2) Site planning, including layout of streets and lots, and placement of structures and, the layout of open space areas, shall be at the discretion of the Board of Supervisors, in compliance with the purposes of this section. Layout of open space in cluster development should strive to protect those resources identified on Map No. 4, "Woodlands," and Map No. 13, "Background Open Space and Scenic Roads," of the West Whiteland Township Open Space and Recreation Study, and historic sites identified on Map No. 7, "Historic Resources Map,"[1] inventoried by the Historical Commission, and adopted by the Board of Supervisors.

[1] Editor's Note: A copy of the Historic Resources Map is included at the end of this chapter. The Official Historic Resources Map is on file at the Township offices.

(3) Not less than 30% of the developable acreage in a cluster development shall be designated as and used exclusively for open space.

(4) Common open space.

(a) Areas agreed by the developer and the Township to be set aside for open space shall be suitable for the designated purpose and in any case shall be consistent with the Township policy and plan for future land use.

(b) Open space areas shall contain no major structures other than those related to the purposes of open space.

(c) Open space areas shall be arranged and located so as to serve the residents adequately and conveniently, taking into consideration the characteristics of the site and to preserve and enhance desirable natural features.

(d) Any land designated as common space shall be restricted to permanent, contiguous open space use by an appropriate method approved by the Board.

(e) Up to 50% of an underground utility easement or 30% of an aboveground utility easement may be considered for part of the total common open space required.

(f) Open space areas shall be consistent with the Township's Comprehensive Plan.

(g) Open space areas shall be suitable for active recreational uses to the extent deemed necessary by the Board, without interfering with adjacent dwelling units, parking driveways and roads.

(h) Open space areas shall not be less than 75 feet in width, and not less than 20,000 square feet of contiguous area, except when part of a trail system or pathway network or tot lot.

(i) Open space shall be interconnected with common open space areas on abutting parcels wherever possible, including provisions for pedestrian pathways for general public use to create linked pathway systems within the Township.

(j) Open space areas shall be provided with sufficient perimeter parking, when necessary, and with safe and convenient access by adjoining street frontage or other rights-of-way or easements capable of accommodating pedestrian, bicycle and maintenance and vehicle traffic and containing appropriate access improvements.

(k) Designated planting and recreation facilities within the open space area shall be provided by the developer. A performance bond or other security shall be required to cover costs of installation in accordance with this chapter.

(l) An appropriate portion of the performance bond or other security will be forfeited by the developer shall he fail to install the planting or recreational facilities.

(m) If approved by the Board, the applicant may pay a fee in-lieu-of or provide other on- or off-site recreation instead of providing the recreational uses required by Subsection C(4)(g) above.

D. Area and bulk regulations. For developments utilizing cluster development or lot averaging, the following minimum area and bulk regulations shall apply:

(1) Lot area (minimum for clustering or lot averaging). 22,000 square feet.

[Amended 3-10-2004 by Ord. No. 310]

(2) Lot width at building line (minimum): 100 feet.

(3) Lot width at street line (minimum): 50 feet.

(4) Front yard (minimum): 50 feet.

(5) Rear yard (minimum): 40 feet.

(6) Side yard (minimum): 20 feet.

(7) Building coverage (maximum): 12%.

(8) Total impervious coverage (maximum): 20%.

(9) Height (maximum): 35 feet.

§ 325-27 Child and adult day-care centers.

The following standards shall apply to all day-care centers, whether permitted by right or by conditional use:

A. The minimum lot area for a family day-care home or group day-care home permitted as a home occupation pursuant to § 325-23B shall be 30,000 square feet. The area, bulk and dimensional regulations applicable to a day-care center permitted in a nonresidential or mixed use zoning district including, without limitation, the TC Town Center, OL Office/Laboratory or I-1 Limited Industrial Zoning District shall be those applicable, generally, to principal uses in the said district.

B. Off-street parking and passenger dropoff spaces shall be designed to prevent interference with traffic flow on any adjacent street or road. A minimum of one safe dropoff space shall be provided for each 20 people that the facility is licensed to accommodate. Whenever possible, the dropoff area shall be located immediately adjacent to the facility. The dropoff area should be designed in such a way that pedestrians do not cross vehicular traffic lanes in any parking area or driveway. The dropoff area may be designed either as a part of the on-site parking area or the required dropoff spaces may be designed as a part of driveway providing direct access to the day-care facility. When the dropoff area is incorporated into the on-site parking area, the parking spaces nearest to the facility shall be designed as dropoff spaces. When the dropoff area is incorporated into a driveway, the dropoff spaces shall be located within a vehicle turnout area 12 feet in width exclusive of the driveway through traffic lane(s).

C. Child day-care centers shall have an outdoor play area entirely enclosed by a four-foot-high fence. The outdoor play area may not include any driveways, parking areas or land unsuited for active recreation due to slope or wet soil conditions. Natural barriers such as hedgerows, walls, dense vegetation, etc., may be substituted for fencing if it can be demonstrated that such barriers can effectively contain the activity of the children.

D. Outdoor play areas for child care adjacent to a residential use or district shall be setback a minimum of 50 feet from any property lines and shall be sufficiently screened to minimize disturbance of residential areas. Outside play areas adjacent to nonresidential uses or districts shall be set back a minimum of 25 feet from any property line.

E. Prior to issuing a permit by the Zoning Officer, the applicant shall have received and hold all pertinent approvals and licenses from appropriate state or county agencies as a condition of permit approval and continuation.

F. No facility shall be used as and for the purpose of day care except in compliance with the terms of and during the effective period of a certificate of compliance duly issued by the Commonwealth of Pennsylvania Department of Public Welfare and each such facility shall be operated at all times in compliance with the governing regulations and standards of the Commonwealth of Pennsylvania Department of Public Welfare.

§ 325-28 Sale of seasonal merchandise standards and criteria.

The following standards and criteria shall govern the sale of seasonal merchandise in the Town Center District where such sales are permitted:

A. An application for a use and occupancy permit must be made and obtained for the intended use in accordance with § 325-120 of this chapter.

B. Seasonal merchandise may only be sold during the Christmas and Easter holiday seasons by West Whiteland Township based nonprofit organizations such as Boy Scouts, Girl Scouts and fire companies.

C. The hours of operation shall be limited to 9:00 a.m. to 9:00 p.m. prevailing time.

D. Seasonal merchandise may only be sold from lots which have safe ingress and egress from and to a public street, provide adequate parking for the use intended and are not presently utilized for any other use, all in compliance with the applicable standards of this chapter and Chapter 281, Subdivision and Land Development, of the Code of the Township of West Whiteland.

§ 325-28.1 Forestry.

[Added 11-18-2009 by Ord. No. 367]

Forestry, when practiced in accordance with a plan prepared by a Pennsylvania-certified registered forester in accordance with all applicable federal and state laws and regulations and approved by the Board of Supervisors, shall be permitted in all zoning districts.

§ 325-28.2 Vehicle fueling stations.

[Added 4-27-2011 by Ord. No. 386]

The standards and requirements of this section shall apply to all vehicle fueling stations, as the term is herein defined. The construction of a vehicle fueling station on a property where none existed before as well as the expansion of any existing vehicle fueling station to accommodate an addition of four or more fuel-dispensing units shall require approval as a conditional use pursuant to § 325-124 below. For the purposes of this section, a "fuel-dispensing unit" shall be the mechanism to which the fuel delivery hoses are attached and which is typically capable of dispensing fuel to two customers simultaneously.

A. Vehicle fueling stations are permitted only in the Office/Residential (O/R) and Town Center (TC) Zoning Districts on lots that have direct vehicular access to either Lincoln Highway (also known as "Business Route 30") or to Pottstown Pike and subject to any further restrictions imposed by the regulations for the said districts and other Township ordinances. The principal point of access to the vehicle fueling station shall be from either Lincoln Highway or Pottstown Pike, although secondary access from another street may be permitted.

[Amended 5-22-2019 by Ord. No. 447]

B. Where conditional use approval is required, the applicant for such use shall provide a traffic impact study during the conditional use process. This study shall document the anticipated impact of the vehicle fueling station and any other proposed uses of the subject lot upon traffic conditions in the study area. The specific parameters as well as the physical limits of the study area to be considered in the traffic impact study shall be determined by the Township as advised by the Township traffic engineer. The applicant shall be required to mitigate adverse impacts upon traffic that are attributable to the proposed use(s); such mitigation shall be to the satisfaction of the Township, but in no event shall the applicant be required to mitigate preexisting conditions.

C. One off-street parking space shall be provided for every two fuel-dispensing units, in addition to the parking required by § 325-39H(6) for other uses that may be on or are proposed for the lot.

D. Lighting. Lighting shall comply with § 281-48C of the West Whiteland Township Subdivision and Land Development Ordinance.[1] The following provisions shall also apply:

(1) Canopy lighting.

(a) The illumination directly under a fueling canopy shall not exceed 20 footcandles' average, and at no point shall such illumination exceed 30 footcandles.

(b) Lighting shall be provided by solid-sided, flat-lens (i.e., full-cutoff) luminaires, aimed straight down.

(c) The canopy shall not contain luminous side panels.

(2) Lighting control. In addition to the provisions of § 281-48C cited above, the following shall apply:

(a) Facilities are permitted to operate site and canopy lighting at full intensity whenever they are open for business.

(b) Facilities that are not open throughout the night are subject to the provisions of § 281-48C(3)(c), cited above. Lighting that is to be extinguished after the close of business shall be controlled by a programmable controller with battery backup.

[1] Editor's Note: See Ch. 281, Subdivision and Land Development.

E. Signage shall be consistent with Article XVII.

§ 325-28.3 Surface land uses affiliated with transmission pipelines.

[Added 3-11-2015 by Ord. No. 421]

A. Purpose. The purpose of this section shall be to:

(1) Accommodate the need for surface land uses affiliated with transmission pipelines consistent with the desire to protect the health, safety and welfare of the citizens of the Township.

(2) Minimize aesthetic, nuisance and visual impacts of surface land uses affiliated with transmission pipelines through proper design, siting and vegetative screening.

(3) Ensure the location of surface land uses affiliated with transmission pipelines in compliance with applicable government and industry standards, including standards administered by the Federal Energy Regulatory Commission (FERC), the Pennsylvania Oil and Gas Act (as amended),[1] and Pennsylvania case law.

[1] Editor's Note: See 58 Pa.C.S.A. § 3201 et seq.

(4) Preserve the rural, suburban and urban character of neighborhoods adjacent to surface land uses affiliated with transmission pipelines.

B. Use provisions.

(1) Surface land uses affiliated with transmission pipelines shall be permitted in the I1 Limited Industrial District pursuant to § 325-18B(11) where underground pipelines exist or are proposed. Such uses shall meet the dimensional requirements, including but not limited to area and bulk standards, of § 325-18C. Applicants are required to demonstrate to the satisfaction of the Township that the requirements of Subsection C, Standards for surface land uses affiliated with transmission pipelines, can be met.

(2) All other uses ancillary to surface land uses affiliated with transmission pipelines are prohibited unless otherwise permitted in the zoning district in which the use is located.

C. Standards for surface land uses affiliated with transmission pipelines. The following standards will be considered by the Township prior to permitting surface land uses affiliated with transmission pipelines:

(1) Setbacks.

(a) Unless increased setbacks are required by the Board of Supervisors upon recommendation of the Township Planning Commission, the applicant shall demonstrate that the setbacks for surface land uses affiliated with transmission pipelines and all supporting equipment and structures to any property line or right-of-way shall be consistent with the minimum setback in the underlying zoning district. In addition, surface land uses affiliated with transmission pipelines and all supporting equipment and structures shall be set back a minimum of 750 feet from residential buildings and all commercial, industrial and institutional uses or a minimum of 500 feet from the nearest lot line, whichever is greater. Where yard area or other setbacks of the underlying zoning district contradict these standards, the larger of the setbacks shall apply.

(b) Setbacks may be increased by the Township pursuant to the type of material being managed at the surface land use affiliated with transmission pipelines, whether the use is adjacent to areas of high on-site population, and the current status of science regarding safety protocols in proximity to pipelines or surface land uses affiliated with transmission pipelines. The Township shall, on a case-by-case basis, determine if increased setbacks are warranted consistent with the potential impact radius (PIR), defined by the relationship between the diameter of the adjacent pipeline (and appurtenances) and its maximum operating pressure (See 325 Attachment 6.), whether high on-site populations are located in close proximity (often referred to as "high-consequence areas"), and whether more than one transmission pipeline (such as coupled lines) will be managed at the surface land use affiliated thereto. The PIR approach is applicable only to surface land uses affiliated with gas or petroleum gas transmission pipelines as defined by Title 49, Code of Federal Regulations, § 192.3. Surface land uses affiliated with transmission pipelines carrying hazardous liquids, as defined by Title 49, Code of Federal Regulations, § 195.2, shall adhere to the setback standards contained in this subsection.

(2) Landscaping. The applicant shall provide a plan prepared by a landscape architect licensed in Pennsylvania showing landscaping proposed to be installed to screen and buffer surface land uses affiliated with transmission pipelines. Existing vegetation in proximity to surface land uses affiliated with transmission pipelines shall be preserved to the greatest extent possible. All proposed landscaping shall comply with the requirements of Chapter 281, Subdivision and Land Development, of the West Whiteland Township Code of Ordinances. Applicants shall submit a visual survey from mutually agreed upon vantage points in order to support the proposed landscaping plan's mitigation of visual impacts.

(3) Noise. Limits on noise and the regulation thereof shall be in accordance with Chapter 213, Noise Disturbance, of the West Whiteland Township Code of Ordinances.

(4) Odors. Odor, vapors or particulate matter produced by the surface land use affiliated with transmission pipelines shall not exceed the average emission of such substances occurring from other causes at the property line. Specific contaminants shall be regulated by Pa. Code, Title 25, Environmental Protection, Part 1, Subpart C, Article III, Air Resources.

(5) Signage. All signs, other than utility identification signs, appropriate warning signs, or owner identification signs, shall be prohibited. There shall be no antennas, advertising, or other items or material affixed to or otherwise placed on surface land uses affiliated with transmission pipelines, except as permitted by the Township.

(6) Parking. If the surface land use affiliated with transmission pipelines is fully automated, adequate parking shall be required for maintenance workers. If the site is not automated, the number of parking spaces shall be equal to the number of people on the largest shift. Parking spaces shall be located within the decorative fence and landscape buffer area so they are substantially concealed when viewed from surrounding properties.

(7) Lighting. No surface land use affiliated with pipeline utilities shall be artificially lighted except as required for emergency nighttime access. Any such lighting shall be in accordance with § 281-48 of Chapter 281, Subdivision and Land Development, of the West Whiteland Township Code of Ordinances.

(8) Engineered drawing submission. Applications for a land use affiliated with pipeline utilities shall be accompanied by engineering drawings prepared by an engineer licensed in Pennsylvania. The applicant shall show that all applicable Commonwealth of Pennsylvania and U.S. standards for the construction, operation, and maintenance of the proposed facility have been met.

(9) Design. The applicant proposing a surface land use affiliated with transmission pipelines must demonstrate that the structure has been designed to blend in with or mimic existing structures in the landscape, such as residential outbuildings, farm structures, or other uses permitted in the underlying districts.

(10) Visual impact. Any surface land use affiliated with transmission pipelines shall be designed and constructed so as to mitigate the visual impact from public roads and nearby uses. In addition, the color and other visual features of the land use affiliated with pipeline utilities shall be designed and installed in such a manner so as to create the least visual impact practicable. The applicant shall demonstrate compliance with this section by, among other things, providing photographic perspectives of the proposed site from all sides of the property, adjacent roadways and neighboring properties (with permission of the owners).

(11) Need. The applicant for a surface land use affiliated with transmission pipelines is required to demonstrate, using scientific and technological evidence, that the facility must be located where it is proposed in order to satisfy its function in the company's pipeline system and demonstrate that there is a need for this facility at the proposed location.

(12) State and federal regulation. All applicants must demonstrate the submission of sufficient filings and/or receive sufficient approvals, as required, through the Federal Energy Regulatory Commission (PERC), the Pipeline and Hazardous Materials Safety Administration (PHMSA), and the Commonwealth of Pennsylvania [the Pennsylvania Department of Environmental Protection (PADEP) and/or the Pennsylvania Public Utilities Commission (PA PUC)]. Such documentation is not required as part of the initial application to the Township, but must be included with the final as-built plans submitted upon approval by the Township.

(13) Removal of surface land uses affiliated with transmission pipelines. Any surface land uses affiliated with transmission pipelines that are no longer licensed and active shall be removed and the site restored to its original condition at the owner's expense within 60 days of the last date that the facility was licensed by the PADEP and FERC. A bond or escrow account shall be posted with the Township in an amount sufficient to ensure such removal and site restoration prior to the construction of the facility. The applicant shall have prepared and shall submit to the Township, to accompany the bond or escrow account, an estimate of the cost necessary to remove the surface land use facility associated with the pipeline and restore the site to its preconstruction condition, such amount to be reviewed and found adequate by the Township.