501.1
Purpose. The purpose of the R-A Rural Agricultural
District is to reserve for future development, through the continuance
of predominantly agricultural uses. Any use permitted in this district
by right, special exception or condition and described in § 611
of this ordinance is subject to the requirements set forth in § 611.
501.2
Permitted uses.
a.
Agricultural
uses, except intensive agriculture, and buildings, provided that any
structures used for the housing of three livestock (not including
chickens, poultry or fowl) shall not be located less than 200 feet
from any lot line and shall be situated on a lot of not less than
four acres; except that for each livestock above three, one additional
acre shall be provided (e.g., four livestock = five acres, five livestock
= six acres, etc.).
[Amended 6-13-2022 by Ord. No. 2022-05]
b.
The sale of farm products, provided such products
are produced on the property.
c.
Single-family detached dwellings.
d.
Public uses, structures or buildings owned or operated
by the Township or an Authority created by the Township, or an Authority
of which the Township is a member, or any other public use subsidized
by the Township.
e.
Churches.
f.
Cemetery, provided that the parcel devoted to this
use shall not be less than 20 acres.
g.
Residential Open Space Option pursuant to § 609.
[Added 10-14-1997 by Ord. No. 97-08]
501.3
Permitted accessory uses located on the same lot with
the permitted principal use.
501.4
Uses permitted by conditional use.
[Amended 10-14-1997 by Ord. No. 97-08; 11-25-2002 by Ord. No.
2002-08]
501.5
Uses permitted by special exception.
[Amended 12-9-2013 by Ord. No. 2013-06]
a.
Educational uses, exclusive of correctional or penal
institutions.
b.
Private clubs for swimming, golf, riding, or other
recreation, provided that the principal activity shall not be one
which is customarily carried on as a business, and further provided
that all services shall be for members and their guests only.
501.6
Minimum lot size.
|
On-Site Water and On-Site Sewage Disposal
|
Either Off-Site Water or Off-Site Sewage
Disposal
|
Off-Site Water and Sewage Disposal
| |||
|---|---|---|---|---|---|
|
a.
|
Area (acres)
|
2
|
1 1/2
|
1
| |
|
b.
|
Width (feet)
|
200
|
175
|
150
|
501.7
Minimum yard dimensions.
|
On-Site Water and On-Site Sewage Disposal
|
Either Off-Site Water or Off-Site Sewage
Disposal
|
Off-Site Water and Sewage Disposal
| |||
|---|---|---|---|---|---|
|
a.
|
Front yard
(feet)
|
50
|
50
|
50
| |
|
b.
|
Each side yard
(feet)
|
35
|
30
|
25
| |
|
c.
|
Rear yard
(feet)
|
50
|
50
|
50
|
501.8
Maximum lot coverage and building height.
a.
Maximum building coverage: 15%.
b.
Impervious coverage: No lot shall be covered by more
than 25% with impervious surface, including but not limited to principal
and accessory buildings, driveways and walkways, and parking areas.
c.
Maximum height of buildings and structures: 35 feet
or 2 1/2 stories, whichever is less.
[Amended 10-22-2009 by Ord. No. 2009-04]
502.1
Purpose. The purpose of the Rural Residential District
is to provide areas within the Township which can accommodate residents
wishing to reside on large lot, low density development maintaining
rural characteristics. Any use permitted in this district by right,
special exception or condition and described in § 611 of
this ordinance is subject to the requirements set forth in § 611.
502.2
Permitted uses.
a.
Single-family detached dwellings.
b.
Public uses, structures or buildings owned or operated
by the Township or an Authority created by the Township or an Authority
which the Township is a member, or any other public use subsidized
by the Township.
c.
Churches.
d.
Cemetery, providing that the parcel devoted to this
use shall not be less than 20 acres.
e.
The sale of farm products, provided such products
are produced on the property.
f.
Agricultural
uses, except intensive agriculture, and buildings, provided that any
structures used for the housing of three livestock (not including
chickens, poultry or fowl) shall not be located less than 200 feet
from any lot line and shall be situated on a lot of not less than
four acres; except that for each livestock above three, one additional
acre shall be provided (e.g., four livestock = five acres, five livestock
= six acres, etc.).
[Amended 6-13-2022 by Ord. No. 2022-05]
g.
Residential Open Space Option pursuant to § 609.
[Added 10-14-1997 by Ord. No. 97-08]
502.3
Permitted accessory use located on the same lot with
the permitted principal use.
502.4
Uses permitted by conditional use.
a.
Residential Open Space Option pursuant to § 609.1.g.
[Amended 10-14-1997 by Ord. No. 97-08]
b.
Stables housing three or more horses and dog kennels,
provided they are situated no less than 400 feet from any public right-of-way
and adjoining property lines.
c.
Mobile home parks, provided proposed park has satisfied
all requirements for mobile home parks found in Article VII of the
Township Subdivision and Land Development Ordinance.
[Added 11-25-2002 by Ord. No. 2002-08]
502.5
Uses permitted by special exception.
a.
Educational uses, exclusive of correctional or penal
institutions.
b.
Private clubs for swimming, golf, riding, or other
recreation, provided that the principal activity shall not be one
which is customarily carried on as a business, and further provided
that all services shall be for members and their guests only.
502.6
Minimum lot size.
|
On-Site Water and On-Site Sewage Disposal
|
Either Off-Site Water or Off-Site Sewage
Disposal
|
Off-Site Water and Sewage Disposal
| |||
|---|---|---|---|---|---|
|
a.
|
Area
|
60,000 square feet
|
50,000 square feet
|
1 acre
| |
|
b.
|
Width
(feet)
|
175
|
160
|
150
|
502.7
Minimum yard dimensions.
|
On-Site Water and On-Site Sewage Disposal
|
Either Off-Site Water or Off-Site Sewage
Disposal
|
Off-Site Water and Sewage Disposal
| |||
|---|---|---|---|---|---|
|
a.
|
Front yard
(feet)
|
50
|
50
|
50
| |
|
b.
|
Each side yard
(feet)
|
30
|
25
|
25
| |
|
c.
|
Rear yard
(feet)
|
50
|
50
|
50
|
502.8
Maximum lot coverage and building height.
a.
Maximum building coverage: 15%.
b.
Impervious coverage: No lot shall be covered by more
than 25% with impervious surface, including but not limited to principal
and accessory buildings, driveways and walkways, and parking areas.
c.
Maximum height of buildings and structures: 35 feet
or 2 1/2 stories, whichever is less.
[Amended 10-22-2009 by Ord. No. 2009-04]
502.9
Area and bulk regulations for churches, conditional uses and
special exceptions.
[Added 3-13-2017 by Ord.
No. 2017-03]
a.
All of the regulations set forth in §§ 502.6, 502.7
and 502.8 shall apply to churches, conditional uses and special exceptions,
except as follows:
(1)
Churches may have up to 60% impervious coverage and 20% building
coverage as long as the property has ingress and egress to a state
highway which contains protected turning lanes.
503.1
Purpose. The purpose of the R-1 Residential District
is to provide suitable areas for neighborhoods of single-family home
development at densities which are dependent upon the degree to which
any particular portion of the district is serviced with the off-site
sewerage facilities and off-site water facilities. Any use permitted
in this district by right, special exception or condition and described
in § 611 of this ordinance is subject to the requirements
set forth in § 611.
503.2
Permitted uses.
a.
Single-family detached dwellings.
b.
Agricultural uses, except intensive agriculture, and
buildings, provided that any structures used for the housing of three
livestock (not including chickens, poultry or fowl) shall not be located
less than 200 feet from any lot line and shall be situated on a lot
of not less than four acres; except that for each livestock above
three, one additional acre shall be provided (e.g., four livestock
= five acres, five livestock = six acres, etc.).
[Amended 6-13-2022 by Ord. No. 2022-05]
c.
Cemetery, provided that the parcel devoted to this
use shall not be less than 20 acres.
d.
The sale of farm products, provided such products
are produced on the property.
e.
Public uses, structures or buildings owned or operated
by the Township, a Municipal Authority organized by the Township or
an Authority of which the Township is a member, or any other public
use subsidized by the Township.
f.
Churches.
g.
Residential Open Space Option pursuant to § 609.
[Added 10-14-1997 by Ord. No. 97-08]
503.3
Permitted accessory uses located on the same lot with
the permitted principal use.
a.
Private garages, carports or private parking areas
pursuant to § 607.
b.
Signs pursuant to § 606.
c.
Private swimming pools.
d.
Home occupations pursuant to § 602.
e.
Home occupations permitted within the HO-2 overlay
pursuant to § 602.2.
[Amended 10-14-1997 by Ord. No. 97-08]
f.
Other accessory uses, structures or buildings, provided
they are clearly incidental to the principal use.
[Amended 10-14-1997 by Ord. No. 97-08]
503.4
Uses permitted by conditional use.
a.
Stables housing three or more horses and dog kennels,
provided they are situated no less than 400 feet from public right-of-way
and adjoining property lines.
b.
Residential Open Space Option pursuant to § 609.1.
[Amended 10-14-1997 by Ord. No. 97-08]
c.
Churches may increase impervious coverage up to 40%,
provided stormwater controls and landscaped buffers are designed to
provide protection of abutting properties and will not change the
character of the neighborhood.
d.
Planned Single-Family Development pursuant to § 613.
503.5
Uses permitted by special exception.
a.
Public swimming pools.
b.
Private clubs for swimming, golf, riding, gunning
or other recreation, provided that the principal activity shall not
be one which is customarily carried on as a business, and further
provided that all services shall be for members and their guests only.
c.
Educational uses, excluding correctional or penal
institutions.
503.6
Minimum lot size.
|
On-Site Water and Sewage Disposal
|
Either Off-Site Water or Off-Site Sewage
Disposal
|
Off-Site Water and Sewage Disposal
| |||
|---|---|---|---|---|---|
|
a.
|
Area
(square feet)
|
60,000
|
45,000
|
30,000
| |
|
b.
|
Width
(feet)
|
200
|
150
|
125
|
503.7
Minimum yard dimensions.
|
On-Site Water and Sewage Disposal
|
Either Off-Site Water or Off-Site Sewage
Disposal
|
Off-Site Water and Sewage Disposal
| |||
|---|---|---|---|---|---|
|
a.
|
Front yard
(feet)
|
50
|
50
|
50
| |
|
b.
|
Side yard
(feet)
|
30
|
25
|
20
| |
|
c.
|
Rear yard
(feet)
|
50
|
50
|
30
|
503.8
Maximum lot coverage and building height.
|
Maximum building coverage: 20%.
| |
|
Impervious coverage: No lot shall be covered
by more than 25% with impervious surface, including, but not limited
to principal and accessory buildings, driveways and walkways, and
parking areas.
| |
|
Maximum height of buildings and structures:
35 feet or 2 1/2 stories, whichever is less.
[Amended 10-22-2009 by Ord. No. 2009-04] |
504.1
Purpose. It is the purpose of the R-2 Medium Density
Residential District to provide suitable areas in the Township for
higher densities of residential development in those portions of the
community adequately served by public water and sewer and to provide
for such other uses as are compatible with the higher density residential
development. Any use permitted in this district by right, special
exception or condition and described in § 611 of this ordinance
is subject to the requirements set forth in § 611.
504.2
Permitted uses.
a.
Single-family detached dwellings.
b.
Single-family semidetached dwellings, provided that
a minimum lot area of 20 acres is provided.
c.
Two-family detached dwellings, provided that a minimum
lot area of 20 acres is provided.
d.
Two-family semidetached dwellings, provided that a
minimum lot area of 20 acres is provided.
e.
Churches.
f.
Public uses, structures or buildings owned or operated
by the Township, a Municipal Authority organized by the Township or
an Authority of which the Township is a member, or any other public
use subsidized by the Township.
504.3
Permitted accessory uses located on the same lot with
the permitted principal use:
504.4
Uses permitted by conditional use.
a.
Medical and dental clinics.
b.
Business office buildings to be used only for the
administrative functions of companies, corporations, social or philanthropic
organizations or societies and offices of accountants, architects,
brokers, engineers, lawyers and similar professions.
c.
Neighborhood commercial uses, provided that such uses
constitute the first floor, or part of the first floor, of an apartment
building and are designed to serve primarily the residents in the
immediate area within walking.
504.5
Uses permitted by special exception.
a.
Townhouses with a twenty-acre minimum lot area pursuant
to § 604.3.
b.
Garden apartments with a twenty-acre minimum lot area
pursuant to § 604.3.
c.
Low-rise apartments pursuant to § 604.3.
d.
Boarding and lodging houses; bed-and-breakfast inn.
e.
Public swimming pools.
f.
Educational and philanthropic uses, excluding correctional
or penal institutions.
504.6
Minimum lot size per building.
|
Single-Family Detached
|
Single-Family Semidetached
|
Two-Family Detached
|
Two-Family Semidetached
| |||
|---|---|---|---|---|---|---|
|
a.
|
Area
(square feet)
|
20,000
|
12,000
|
24,000
|
20,000
| |
|
b.
|
Width
(feet)
|
100
|
60
|
120
|
100
|
504.7
Minimum yard dimensions.
|
Single-Family Detached
|
Single-Family Semidetached
|
Two-Family Detached
|
Two-Family Semidetached
| |||
|---|---|---|---|---|---|---|
|
a.
|
Front yard
(feet)
|
50
|
50
|
50
|
50
| |
|
b.
|
Side yard
(feet)
|
15
(aggregate of side yards 40 feet)
|
20
(aggregate of side yards 40 feet)
|
20
(aggregate of side yards 50 feet)
|
25
| |
|
c.
|
Rear yard
(feet)
|
50
|
50
|
50
|
50
|
504.8
Maximum lot coverage and building height.
a.
Maximum building coverage: 30%.
b.
Impervious coverage: No lot shall be covered by more
than 35% with impervious surface, including but not limited to principal
and accessory buildings, driveways and walkways, and parking areas.
c.
Maximum height of buildings and structures: 35 feet
or 2 1/2 stories, whichever is less.
[Amended 10-22-2009 by Ord. No. 2009-04]
504.9
Area and bulk regulations for churches and for conditional
uses and uses by special exception.
a.
All of the regulations set forth in §§ 504.6,
504.7 and 504.8 which pertain to single-family detached shall apply
to churches and to conditional uses and uses by special exception,
except as follows:
505.1
Purpose. The purpose of the PC Planned Commercial
District is to provide and require unified and organized arrangement
of buildings (one per lot), service and parking areas, together with
adequate circulation and open space, all planned and designed as integrated
units, in a manner so as to provide and constitute efficient, safe,
convenient, and attractive shopping areas. Any use permitted in this
district by right, special exception or condition and described in § 611
of this ordinance is subject to the requirements set forth in § 611.
505.2
Review procedure.
a.
In order to assure the satisfactory development of
the Planned Commercial District, it shall be required that the development
plans be submitted to the Board of Supervisors under the procedures
established in this ordinance.
b.
A development plan for the parcel being subdivided
shall be prepared and submitted to the Board of Supervisors showing
the overall development scheme, including location, proposed site
layout, existing zoning, parking facilities, all adjacent highways,
streets, and alleys with traffic flow patterns, and a tentative list
of the kind of establishments to be located on the site and their
floor areas. Also, preliminary architectural sketches, elevations,
and engineering plans showing proposed methods of water runoff control,
type of sewage treatment, and source of water supply.
505.3
Permitted uses.
a.
Retail establishment for sale of dry goods, drugs,
food, jewelry, variety and general merchandise, hardware, household
furnishings and supplies, instruments, electronic appliances, including
repair service.
b.
Restaurant, tearoom, cafe, confectionery or other
place serving food or beverages, provided that no curb service shall
be permitted.
c.
Personal service shop, including barber, beauty salon,
shoe repair, tailor, dressmaking, pickup station for laundry and dry
cleaning.
d.
Passenger station for public transportation, bank,
savings and loan association or other financial institution, business
or professional office, offices or office building for administrative,
executive and professional activity, and similar activities involving
the performance or rendering of professional services, such as mortician,
the sale of real estate and business office, including the showing
of samples, sale promotion and demonstration of equipment; provided,
however, that no merchandise shall be warehoused on the premises for
sale, exchange or delivery thereon, and further provided that nothing
herein precludes the sale or manufacturer's representatives from arranging
for the sale of merchandise manufactured, fabricated or warehoused
at, or delivered to, locations outside of the PC Planned Commercial
District.
e.
Automatic self-service laundry and dry-cleaning establishment
with certificates of approval by the public health agency having jurisdiction,
with regard to waste disposal, and by the Fire Marshall, with regard
to compliance with all safety regulations.
f.
Churches.
g.
Public uses, structures or buildings owned or operated
by the Township, a Municipal Authority organized by the Township or
an Authority of which the Township is a member.
h.
Dispensary, provided that such use shall not be permitted closer
than 1,000 linear feet from a school or day-care center, and subject
to all applicable requirements of the Uwchlan Township Zoning Ordinance
and the Medical Marijuana Act.[1]
[Added 2-13-2017 by Ord.
No. 2017-02]
[1]
Editor's Note: See 35 P.S. § 10231.101 et seq.
505.5
Uses permitted by conditional use.
a.
Shopping centers pursuant to § 605, but
excluding gasoline service stations.
[Amended 10-25-1999 by Ord. No. 99-13]
b.
Any other use as determined by the Board of Supervisors
to be of the same general character as the permitted uses.
c.
Hotel, provided that the same shall be constructed
within 300 feet of and with exclusive access onto a divided, arterial
highway.
505.6
Uses permitted by special exception.
[Amended 10-25-1999 by Ord. No. 99-13]
a.
Automobile court or motel, indoor theater, bowling
lanes or other similar place of indoor recreation.
b.
Living quarters for a proprietor, building manager,
caretaker or watchman, if employed on the premises, as an accessory
use within a principal building.
c.
A private-use helistop as an accessory use to a permitted
principal use subject to Planning Commission review and recommendation
and conformance to the general standards prescribed in § 610.
d.
Accessory uses, structures, or buildings not located
on the same lot with the permitted principal use.
505.8
Minimum yard dimensions.
a.
Front yard: minimum of 50 feet.
b.
Each side yard:
(1)
Minimum of 50 feet, except when an agricultural
or residential district is adjacent to the side yard, in which case
the side yard setback shall be 100 feet.
(2)
When a mutual agreement is subscribed to by
adjoining commercial property owners, no side yard shall be required
where two commercial uses adjoin side by side; however, in no case
shall common walls be permitted between properties of separate ownership.
In the case of such a series of adjoining structures on lots of single
and separate ownership abutting and paralleling a public right-of-way,
an unobstructed passage of at least 20 feet in width shall be provided
at grade level at intervals not more than 400 feet apart.
c.
Rear yard: minimum of 50 feet, except when an agricultural
or residential district is adjacent to the rear yard, in which case
the rear yard setback shall be 100 feet.
d.
Provided that, anything to the contrary contained
in this § 505.8 not withstanding, the minimum required side
or rear yard where a hotel use adjoins a multifamily dwelling use
shall be 50 feet.
505.9
Maximum lot coverage and building height.
a.
Maximum building coverage: 40%.
b.
Maximum impervious coverage: No lot three net acres
or larger shall be covered by more than 65% of impervious surface,
including but not limited to principal and accessory buildings, driveways
and walkways, and parking areas. Lots three acres or less may have
up to 75% impervious coverage.
[Amended 10-28-1996 by Ord. No. 96-13]
506.1
Purpose. The purpose of the PC-2 Planned Commercial
District is to provide and require unified and organized arrangement
of buildings, service and parking areas, together with adequate circulation
and open space, all planned and designed as integrated units, in a
manner so as to provide and constitute efficient, safe, convenient
and attractive shopping areas, offices, hotels and other appropriate
uses. It is also the intent that areas zoned PC-2 be located within
one mile from a limited access highway entrance and/or exit via existing
state highways and that such areas have frontage on a minimum of two
state highways classified as major streets in § 502.3 of
the Uwchlan Township Subdivision and Land Development Ordinance. Public
water shall be in accordance with Aqua Pennsylvania specifications
public and sewers shall be in accordance with UTMA specifications
except that temporary on-site sewage shall be permitted until connection
to public facilities is available. Any use permitted in this district
by right, special exception or condition and described in § 611
of this ordinance is subject to the requirements set forth in § 611.[1]
506.2
Review procedures.
a.
In order to assure the satisfactory development of
the PC-2 Planned Commercial District, development plans shall be submitted
to the Board of Supervisors under the procedures established in the
ordinance.
b.
A development plan for the parcel being subdivided
and/or developed shall be prepared and submitted to the Board of Supervisors
showing the overall development scheme, including location, proposed
site layout, parking facilities, all adjacent highways, streets, and
alleys with traffic flow patterns, and a tentative list of the kind
of establishments to be located on the site and their approximate
floor areas. Also, preliminary architectural sketches, elevations
and engineering plans showing proposed methods of water control, type
of sewage treatment, and a source of water supply, shall be required.
506.3
Permitted uses.
a.
Retail establishment for sale of dry goods, drugs,
food, jewelry, variety, and general merchandise, hardware, household
furnishings and supplies, instruments, electronic appliances, including
repair service.
b.
Restaurant, tearoom, cafe, confectionery or other
place serving food or beverage, provided that no curb service shall
be permitted.
c.
Personal service shop, including barber shop, beauty
salon, shoe repair, tailor, dressmaking, pickup station for laundry
and dry cleaning.
d.
Passenger station for public transportation, bank,
savings and loan associations or other financial institution, business
or professional office, offices or office building for administrative,
executive and professional activity, hotel, and similar activities
involving the performance or rendering of professional services, such
as mortician, the sale of samples, sale promotion and demonstration
of equipment; provided, however, that no merchandise shall be warehoused
on the premises for sale, exchange or delivery thereon and further
provided that nothing herein preclude the sale of merchandise manufactured,
fabricated or warehoused at, or delivered to locations outside the
PC-2 Planned Commercial District.
e.
Multiple principal uses shall be permitted on a tract
of land in a PC-2 District, provided that each principal use is otherwise
permitted and only one principal use shall be permitted per lot.
506.4
Permitted accessory uses located on the same lot with
the permitted principal use.
506.5
Uses permitted by conditional use.
a.
Shopping centers pursuant to § 605.
b.
Office buildings or hotels in excess of two stories
but not more than five stories or 65 feet in height, whichever is
less, when authorized in accordance with the standards set forth below
and in § 806;
(1)
Buildings shall be constructed with an interior
fire protection sprinkler system and standpipe system, installed in
accordance with the Uwchlan Township Building Code and approved by
the Building Inspector.
(2)
The minimum building setback from all lot and
right-of-way lines shall be 50 feet except where the subject lot abuts
a residential district, in which case the minimum setback from the
lot line shall be 100 feet or twice the height of the office or hotel
building, whichever is greater.
(3)
The minimum number of parking spaces for office
buildings in excess of 2 1/2 shall be one space for each 300
square feet of leasable floor area. The number of required parking
spaces for all other uses shall be in accordance with § 607.2
of the this ordinance. If in the opinion of the Board of Supervisors
parking proves to be inadequate, a sufficient number of spaces shall
be added to alleviate the problem to the satisfaction of the Board
of Supervisors.
(4)
The size of the parking spaces within the PC-2
District for each vehicle shall consist of a rectangular area having
a dimension of not less than nine feet in width and 20 feet in length.
Subject to the discretion of the Board, up to 50% of the parking spaces
shall be 10 feet wide. Where a parking space abuts a grass median
of at least two feet in width or four feet in width where parking
spaces are on each side of the median, only 18 feet of paving shall
be necessary, with the remaining two feet being within the grass median
area.
[Amended 5-11-1998 by Ord. No. 98-07]
(5)
Retail facilities as accessory uses within office
buildings or hotels may be permitted on the first floor only. Restaurants
as accessory uses shall be permitted on any floor.
(6)
All internal setback requirements for building
and parking may be waived, subject to the approval of the Board of
Supervisors.
506.7
Maximum lot coverage and building height.
a.
Maximum building coverage: 40%.
b.
Maximum impervious coverage: No lot three net acres
or larger shall be covered by more than 65% of impervious surface,
including but not limited to principal and accessory buildings, driveways
and walkways, and parking areas. Lots three acres or less may have
up to 75% impervious coverage.
[Amended 10-28-1996 by Ord. No. 96-13]
c.
Maximum height of buildings and structures: 2 1/2
stories or 35 feet, whichever is less, except as provided in § 506.5.b.
d.
Minimum parking setback: 25 feet from any property
line other than the right-of-way line of a state or Township highway,
except as provided in § 506.5. Setback from property lines
constituting a right-of-way line of a state or Township highway shall
be 10 feet or such greater distance as may be necessary to prevent
infringement upon reasonable sight distances as per Township ordinances.
507.1
Purpose. The purpose of the PIC Planned Industrial-Commercial
District is to provide sufficient space in appropriate locations to
meet current and anticipated future regional needs for large-site
industrial and commercial development appropriate to the community.
It is further intended that the PIC District encourage industrial
and commercial development that will benefit the community and the
region, both economically and aesthetically, by permitting investment
in a planned facility that will provide for the location of several
plants and/or commercial establishments to insure efficient integration
and consolidation of access to existing and planned future roadways
and utilities. The requirement for a plan will provide the Board of
Supervisors with a means to review proposals and permit the development
of those facilities which, in addition to demonstrating a contribution
to the community and the region, would incorporate design innovations
in buildings and landscaping that would minimize any adverse impacts
on adjacent uses. It is envisioned that these benefits would accrue
with the development of a unified tract designed to integrate various,
single industrial plants and/or commercial establishments. Any use
permitted in this district by right, special exception or condition
and described in § 611 of this ordinance is subject to the
requirements set forth in § 611.
507.2
Review procedures. Planned Industrial-Commercial developments
shall be subject to the procedures for site plan review and approval
established by the Township Subdivision and Land Development.
507.3
Permitted uses.
a.
Manufacturing, wholesaling, processing, warehousing
and distributing, provided that no bulk storage of liquid or gaseous
fuels shall be permitted except for consumption on the premises.
b.
Laboratory for scientific research and development.
c.
Agriculture, except intensive agriculture.
d.
Passenger station for public transportation; electric
substations; telephone central office.
e.
Theater (movie or performing) within a permanent building;
library, civic or cultural center.
f.
Retail establishment for sale of dry goods, drugs,
food, jewelry, variety and general merchandise, hardware, household
furnishings and supplies, instruments, electronic appliances, including
repair service, job printing.
g.
Restaurant, tearoom, cafe, confectionery or other
place serving food or beverages, provided that no curb service shall
be permitted.
h.
Automobile court or motel, bowling lanes or other
similar place of indoor recreation.
i.
Personal service shop, including barber, beauty salon,
shoe repair, tailor, dressmaking, pickup station for laundry and dry
cleaning.
j.
Frozen food lockers, wholesaling, warehousing, distributing,
provided that all parking, loading and unloading shall be in the rear
of the building and screened from a side street if on a corner lot.
k.
Offices or office building for administrative, executive
and professional activity, and similar activities involving the performance
or rendering of professional service, such as a bank, financial institution,
mortician, the sale of real estate and business office, including
the showing of samples, sale promotion and demonstration of equipment;
provided, however, that no merchandise shall be warehoused on the
premises for sale, exchange or delivery thereon, and further provided
that nothing herein preclude sale or manufacturers' representatives
from arranging for the sale of merchandise manufactured, fabricated
or warehoused at, or delivered to, locations outside of PIC Planned
Industrial-Commercial District.
l.
Wholesale establishment for the sale and distribution
of dry goods, drugs, foods, variety and general merchandise, hardware,
household furnishing, electrical appliances and supplies, job printing.
m.
Wholesale establishment for the sale of plumbing and
heating equipment and supplies, lumberyard, including the customary
storage and work yards incidental thereto when screened by a fence,
wall or planting screen.
n.
Automatic self-service laundry and dry-cleaning establishment
with certificates of approval by the public health agency having jurisdiction,
with regard to waste disposal, and by the Fire Marshal, with regard
to compliance with all safety regulations.
o.
Churches.
507.5
Uses permitted by conditional use.
a.
Shopping centers pursuant to § 605.
b.
(1)
Structures over 2 1/2 stories or 35 feet
in height up to 65 feet in height may be permitted, provided they
are sprinklered according to the provisions of the Uwchlan Township
Fire Code, and provided that for each foot in excess of 35 feet, there
shall be a corresponding decrease in both maximum impervious coverage
and building coverage by 0.7% and provided such height increase does
not impinge on the rights of existing or future residents in the community.
(2)
Public and private wireless communication facilities.
[Amended 2-22-1999 by Ord. No. 99-04; 10-22-2009 by Ord. No.
2009-04; 10-14-2014 by Ord. No. 2014-03]
c.
Facilities for outdoor recreation, not including shooting
or archery ranges, motor vehicle racing or amusement parks.
d.
Any other use as determined by the Board of Supervisors
to be the same general character as the permitted uses.
e.
Off-premises outdoor advertising signs, subject to
the regulations of § 606.
[Added 1-24-2000 by Ord. No. 2000-01]
f.
Hospitals.
[Added 12-9-2013 by Ord. No. 2013-06]
g.
Any
legitimate use not specifically provided for in any zoning district
and which is not inherently objectionable.
[Added 12-9-2013 by Ord. No. 2013-06]
507.6
Uses permitted by special exception.
a.
Gasoline service station, provided that no station
be located closer than a five-hundred-foot radius from the next nearest
gasoline service station property line.
b.
Living quarters for a proprietor, building manager,
caretaker or watchman, if employed on the premises, as an accessory
use within a principal building.
c.
Commercial uses or activities which are customarily
and directly related to the comfort and convenience of the traveling
public, including rest facilities designed and operated exclusively
for licensed truckers, when maintained in strict accordance with the
regulations of the Pennsylvania Department of Labor and Industry,
and any other public agency having jurisdiction.
d.
A private-use helistop as an accessory use to a permitted
principal use subject to Planning Commission review and recommendation
and conformance to the general standards prescribed in § 610.
e.
Accessory uses not located on the same lot with the
permitted principal use.
507.8
Minimum yard dimensions, setbacks and buffers.
[Amended 8-14-2000 by Ord. No. 2000-09]
a.
Front yard: Minimum of 40 feet, except when an agricultural
or residential district is adjacent to the front yard, in which case
front yard setback shall be 150 feet minimum in conformance with Subsection
e, below.
b.
Each side yard: Minimum of 15 feet, except when an
agricultural or residential district or lot containing an occupied
dwelling is adjacent to the side yard, in which case the side yard
setback shall be 150 feet in conformance with Subsection e, below,
on the side thus abutted. On a corner lot there shall be a side yard
of not less than 40 feet.
c.
Rear yard: Minimum of 15 feet, except when an agricultural
or residential district or lot containing an occupied dwelling unit
is adjacent to the rear yard, in which case the rear yard setback
shall be 150 feet in conformance with Subsection e, below.
d.
By conditional use. Subject to § 806, the
setbacks required when a building abuts a residential or agricultural
district or a lot containing an occupied dwelling may be reduced from
150 feet to a distance determined by the Board of Supervisors to be
sufficient to allow for proper protection of abutting property and
its use but in no case to a distance less than the district normally
requires.
e.
In every instance
where a setback of 150 feet is required by this section or a reduced
setback is approved by conditional use pursuant to Subsection f, below,
the said setback shall be improved as a buffer and shall provide on
installation a year-round visual screen by a combination of planted
berms, fences, walls, coniferous and deciduous trees, shrubs and other
plantings. No other structures or signage (excepting underground utilities)
shall be permitted within the setback buffer and no parking shall
be there located. Impervious surfaces within the setback buffer shall
be limited to necessary access drives designed and located so as to
minimize the interruption of the visual screen. The following additional
requirements shall also be met:
1.
A setback buffer plan prepared and sealed by and over
the signature of a registered landscape architect authorized to provide
professional services in the Commonwealth of Pennsylvania shall be
submitted as an integral component of the application for special
exception, conditional use approval, or preliminary subdivision and
land development plan approval, whichever is first submitted. The
said plan shall comply with the general requirements applicable to
preliminary subdivision and land development plan submissions and
shall contain sufficient information to determine compliance with
this section.
2.
Berms shall be employed whenever the existing topography
permits.
3.
Existing mature trees located within the setback buffer
shall be preserved using, where necessary, tree wells and/or tree
walls and, where preserved, shall be counted toward the satisfaction
of the numerical planting requirements of this section.
4.
Where fences and walls are employed to create the
mandatory visual screen they shall be not less than eight feet in
height (except within clear-sight triangles).
5.
The type, design, location, configuration, materials,
and colors of fences and walls shall be responsive to the visual and
aesthetic characteristic of the tract and adjoining lands and uses,
shall create visual interest from the perspective of adjoining properties,
and shall avoid conflict with the character of adjoining uses.
6.
In those areas of the setback buffer improved with
an approved fence or wall, there shall additionally be planted on
the side of the fence or wall facing the adjoining property: one coniferous
tree per 20 lineal feet of buffer, one canopy tree per 30 lineal feet
of buffer, one flowering tree per 60 lineal feet of buffer, and one
each of deciduous and flowering shrubs (at a ratio of one-to-one)
per 30 lineal feet of buffer.
7.
In those areas of the setback buffer not proposed
to be improved with a fence or wall, there shall be planted: two coniferous
trees, one canopy tree, one flowering tree, and one deciduous or one
flowering shrub (at a ratio of one-to-one) per 20 lineal feet of buffer
planted generally in a double staggered row so as to achieve a naturalistic
effect to the maximum extent consistent with the requirement of providing
on installation a year-round visual screen.
8.
Canopy trees shall be of an approved species and not
less than three lineal inches in caliper on installation; coniferous
trees shall be of an approved species and not less than eight feet
in height on installation; shrubs shall be of an approved species
and not less than two feet in height on installation.
9.
All plantings shall conform to the most current edition
of the "American Standard for Nursery Stock" of the American Association
of Nurserymen; shall be typical of their species and variety, have
normal growth habits, well developed, densely foliated branches, and
vigorous, fibrous root systems; and shall be freshly dug and/or containerized
nursery-grown stock, free from defects, injuries, diseases, and pests.
10.
The estimated cost of all proposed setback buffer
plantings and structures shall be included in the financial security
posted in conformance with Section 509 of the Pennsylvania Municipalities
Planning Code, 53 P.S § 10509.
11.
A two-year maintenance and replacement guarantee
for all plantings shall be provided to the Township by the landscaping
contractor. Following the expiration of the guarantee, all dead and
injured plantings shall be promptly removed and replaced by the landowner.
All setback buffer plantings and improvements shall be maintained
by the landowner.
f.
Notwithstanding the provisions of Subsections 507.8.a
through c above, when a lot in the Planned Industrial-Commercial District
abuts a lot that is subject to a use or conservation easement or restriction
which requires the lot thus abutted to be used for agricultural or
open space purposes, the front, rear or side yard buffer setback required
by Subsections 507.8.a through c on the side thus abutted may, if
approved by conditional use by the Board of Supervisors, be reduced
to the greater of 75 feet or three feet for every one foot of building
height on the PCID lot (to a maximum setback requirement of 150 feet),
even if said agricultural or open space lot contains an occupied dwelling.
The provisions of Subsection 507.8.e above shall apply to any front,
rear or side yard governed by this Subsection f, but only within the
required buffer setback area as approved by conditional use.
507.9
Maximum building coverage and height.
a.
Maximum building coverage: 50%.
b.
Maximum building coverage: Maximum impervious coverage:
no lot three net acres or larger shall be covered by more than 65%
of impervious surface, including but not limited to principal and
accessory buildings, driveways and walkways, and parking areas. Lots
three acres or less may have up to 75% impervious coverage.
[Amended 10-28-1996 by Ord. No. 96-13]
[Amended 4-8-1996 by Ord. No. 96-04; 9-8-1997 by Ord. No. 97-12]
508.1
Purpose. The purpose of the PCID District is to provide
for unified and flexible development of a large area of land with
a mixture of uses.
508.2
Criteria for PCID
District. All land to be considered for development within the PCID
District and all proposals for development within the PCID District
shall comply with the following criteria:
1)
Areas zoned PCID shall contain a total tract area
of at least 275 contiguous acres and have direct frontage on a major
highway as defined by the Uwchlan Township Zoning Ordinance.
2)
All land proposed for development within the PCID
District must be in single ownership, or subject to an agreement among
all owners to develop pursuant to a coordinated plan.
508.3
Review procedures. In order to assure that development
of the PCID District complies with the intent of this section, a Master
Concept Plan for the tract shall be submitted to the Board of Supervisors
in conformance with the following procedure:
a.
An applicant for approval of any development within
the PCID District shall initially present a Master Concept Plan that
shall, following approval, stand as an official tentative plan, with
phased submittals for final approval as development proceeds. The
Master Concept Plan shall include the entire tract and shall contain
the following information:
(1)
Location, proposed site layout, parking facilities,
all adjacent highways, streets and alleys with traffic flow patterns,
and a tentative list of the kind of establishments to be located on
the site.
(2)
Sketches, elevations and engineering plans showing
proposed methods of stormwater control, type of sewage treatment and
disposal, and the source of water supply.
b.
In addition to the Master Concept Plan, the applicant
shall submit the following studies: traffic, utility investigations
and a detailed report that evaluates the effect of the Planned Commercial
Industrial Development on municipal services (such as police, fire,
recreation), public facilities, utilities, budget, environmental impact,
stormwater drainage and transportation system.
c.
Following approval of the Master Concept Plan, and,
where applicable, conditional use approval, site development plans
for sections of the tract shall be submitted and reviewed in accordance
with the current Subdivision and Land Development Ordinance regulations.
The provisions of the Subdivision and Land Development Ordinance,
shall apply unless the regulations are altered by this § 508.
508.4
Permitted uses. The following uses shall be permitted
in the areas of the PCID designated on the Master Concept Plan for
office park uses:
a.
Manufacturing, assembling and/or servicing electronic
equipment.
b.
Passenger station for public transportation; electric
substation; telephone central office.
c.
Hotel and/or conference center.
d.
Professional and other business offices.
e.
Restaurant, cafeteria or recreational facilities designed
for the comfort and convenience of employees, provided such facilities
are located inside the confines of the building and are not offered
for use by the general public.
f.
Churches.
g.
Public uses, structures, or buildings owned, operated
or subsidized by the Township, a Municipal Authority organized by
the Township or an Authority of which the Township is a member.
h.
Indoor recreational facilities containing amenities
such as a swimming pool, spa, indoor track, nautilus equipment, handball
courts and facilities typical of a YMCA facility.
i.
Laboratory for scientific research and development,
excluding animal research for cosmetics purposes.
j.
Day-care centers.
k.
Wholesaling, warehousing and distributing, provided
that there shall be no exterior evidence of such, and, further, no
bulk storage of liquid or gaseous fuel or chemicals shall be permitted
except for immediate consumption on the premises.
508.5
Permitted accessory uses to office park uses.
a.
Off-street parking pursuant to § 607, provided
that, where a parking space abuts a grass median of at least two feet
in width, or four feet in width where parking spaces are on each side
of the median, the minimum length of the parking space may be 18 feet.
b.
Signs pursuant to § 606.
c.
Other accessory uses, structures or building, provided
such are clearly incidental to the principal use.
508.6
Uses permitted by conditional use. The following uses
shall be permitted in the PCID District when approved by the Board
of Supervisors as a conditional use:
a.
Convenience centers. Principal uses as stated in § 605
shall be permitted subject to the provisions thereof except that no
gasoline service stations, garages (private or public) or drive-in
food establishments shall be permitted. In addition, the following
convenience uses are permitted in the PCID District:
b.
Manufacturing and processing, provided that there
shall be no bulk storage of liquid or gaseous fuels or chemicals except
for immediate consumption on the premises, and no raw materials or
finished products shall be permitted on the exterior of the building.
c.
Restaurant, tearoom, cafe, confectionery or other
place serving food or beverages, provided that no curb service shall
be permitted.
d.
Any nonresidential buildings in excess of three stories
but not more than five stories or 65 feet in height, provided that:
(1)
Structures up to 65 feet in height may be permitted,
provided they are sprinklered and have standpipe systems in accordance
with the Uwchlan Township Fire Code, and provided that for each foot
in excess of 35 feet, there shall be a corresponding decrease in both
maximum impervious coverage and building coverage by 0.7% and provided
such height increase does not impinge on the rights of existing or
future property owners in the community. The decrease in impervious
coverage shall be 0.2% for each one foot over 35 feet height limit
for a structure in the Town center only.
[Amended 9-14-2009 by Ord. No. 2009-03]
(2)
The minimum parking spaces for office buildings
shall be one space for each 300 square feet of leasable floor area.
The number of required parking spaces for all other uses shall be
in accordance with § 607.2 of this ordinance. If in the
opinion of the Board of Supervisors parking proves to be inadequate,
a sufficient number of additional spaces shall be added to alleviate
the problem to the satisfaction of the Board of Supervisors.
e.
Wagering and gambling facilities, provided that no
such use shall be located on any lot or parcel of land unless said
lot or parcel of land or any part thereof is separated by either (a)
a distance of 1,500 feet (except for a hotel) or (b) the right-of-way
of a limited access highway, from any lot or parcel of land which
is used for residential purposes (except for a hotel) in the Township
or an adjoining Township; or which is included in whole or in part
within a residential zoning district of the Township or an adjoining
Township.
h.
Off-premises outdoor advertising signs, subject to
the regulations of § 606.
[Added 1-24-2000by Ord. No. 2000-01]
i.
Any other use as determined by the Board of Supervisors
to be the same general character as the permitted uses.
j.
Any
legitimate use not specifically provided for in any zoning district
and which is not inherently objectionable.
[Added 12-9-2013 by Ord. No. 2013-06]
k.
Planned life care facility in compliance with all of the requirements
of §§ 508.13 and 806.4.
[Added 6-8-2015 by Ord.
No. 2015-03]
508.7
Uses permitted by special exception.
508.8
Minimum lot size and open space requirement for office
park uses.
a.
Area: Two acre minimum with a three acre average.
However, one to 1.99 acre size lots may be permitted for a maximum
of 5% of the total number of lots in the development. Also, any lot
which is less than three acres shall be under single ownership and
shall contain one specific use, company or corporation.
b.
Width: 200 feet.
c.
Designated open space. In areas to be developed for
office park uses the developer shall allow for a minimum of 5% of
the total net tract area, which may include stormwater management
areas, that shall be properly landscaped, separate from any lots,
and usable for any active or passive recreation.
d.
Maximum impervious coverage: No lot three net acres
or larger shall be covered by more than 65% of impervious surface,
including but not limited to principal and accessory buildings, driveways
and walkways and parking areas. Lots three acres or less may have
up to 75% impervious coverage.
508.9
Minimum yard dimensions for office park uses.
a.
Front yard: minimum of 40 feet, except when an agricultural
use or residential district is adjacent to the front yard, in which
case front yard setback shall be 150 feet minimum.
b.
Each side yard: minimum of 15 feet, except when an
agricultural use or residential district, or lot containing an occupied
dwelling, is adjacent to the side yard, in which case the side yard
setback shall be 150 feet on the side thus abutted. On a corner lot
there shall be a side yard of not less than 40 feet.
c.
Rear yard: minimum of 15 feet, except when an agricultural
use or residential district, or lot containing an occupied dwelling
unit, is adjacent to the rear yard, in which case the rear yard setback
shall be 150 feet.
d.
By conditional use: subject to § 806, the
setbacks required when a building abuts a residential or agricultural
district or a lot containing an occupied dwelling may be reduced from
150 feet to a distance determined by the Board of Supervisors to be
sufficient to allow for proper protection of abutting property and
its use but in no case to a distance less than the district normally
requires.
508.10
Requirements governing residential uses within
residential use portions of the PCID. Residential uses will be permitted
as the exclusive use only on a minimum of 100 contiguous acres.
a.
Permitted density.
[Amended 9-14-2009 by Ord. No. 2009-03]
|
The maximum allowable residential density calculated
with reference to the portion of the tract to be developed exclusively
for residential uses shall be four dwelling units per acre, provided
that a maximum density of 4.15 dwelling units per acre shall be permitted
if the dwelling units in excess of 4.0 dwelling units per acre consist
entirely of units designed and intended for occupancy by senior citizens
pursuant to a program of housing subsidization under the auspices
of an agency of the county, commonwealth, or United States government.
In no event shall the net residential density of any specific use
area and calculated with reference to that area exceed the following:
|
|
Dwelling Unit Type
|
Maximum Permitted Net Density
| ||
|---|---|---|---|
|
(1)
|
Single-family detached
|
4 dwelling units per acre
| |
|
(2)
|
Single-family semidetached
|
6 dwelling units per acre
| |
|
(3)
|
Single-family attached (townhouse or quadraplex)
|
8 dwelling units per acre
| |
|
(4)
|
Apartments, low rise apartments and multifamily
dwellings
|
12 dwelling units per acre
| |
|
(5)
|
Single-family garden lot development
|
5 dwelling units per acre
| |
|
(6)
|
Attached garden lots
|
8 dwelling units per acre
|
|
Of the total number of dwelling units within
the residential portion of the PCID development, the proportions of
each dwelling unit type shall be as follows:
|
|
% of Total Dwelling Units
| ||||
|---|---|---|---|---|
|
Building Type
|
Minimum
|
Maximum
| ||
|
(1)
|
Single-family detached
|
N/A
|
*
| |
|
(2)
|
Single-family attached (townhouse and quadraplex)
and attached garden lot development
|
0
|
40%**
| |
|
(3)
|
Apartments, low-rise apartments, mid-rise apartments,
and multifamily dwellings
|
20%
|
60%
| |
|
NOTES:
| ||
|---|---|---|
|
*
|
Of the total number of single-family detached
and semidetached dwelling units, a maximum of 25% may be semidetached
dwellings.
| |
|
**
|
Of the total number of single-family attached
dwelling units, a maximum of 15% may be quadraplex dwellings.
| |
b.
No waiver shall be granted for yards facing adjacent
properties along the tract boundaries.
c.
The developer shall establish compliance with the
area and bulk regulations set forth on the chart inserted herein for
each use and dwelling unit type.
|
Apartments, Low Rise Apartments
and Multifamily Dwellings
|
Townhouses or Quadraplexes
|
Single-Family Detached or Semidetached
|
Single-Family Garden Lot Development
|
Attached Garden Lot Development
| |||
|---|---|---|---|---|---|---|---|
|
(1)
|
Minimum lot area per dwelling unit
|
N/A
|
N/A
|
8,000 square feet
|
6,000 square feet (average lot area)
|
N/A
| |
|
(2)
|
Minimum lot width at building
|
N/A
|
20 feet [A]
|
75 feet
|
55 feet
40 feet (minimum width at street line)
|
20 feet [A]
| |
|
(3)
|
Minimum side yard
|
§ 508.10.d[B]
|
§ 508.10.d [B]
|
10 feet with a minimum aggregate of
30 feet
|
3 feet [D]
|
§ 508.10.d [B]
| |
|
(4)
|
Minimum rear yard
|
§ 508.10.d[B]
|
30 feet
|
40 feet
|
Dwelling, 10 feet; garage, 10 feet;
other structures, including fences and sheds, 10 feet [E]
|
30 feet
| |
|
(5)
|
Minimum front yard
|
10 feet
|
10 feet
|
35 feet
|
10 feet [F][G]
|
10 feet [F][G]
| |
|
(6)
|
Distance between buildings
|
§ 508.10.d
|
§ 508.10.d
|
N/A
|
20 feet
|
20 feet
| |
|
(7)
|
Parking area set back from lot line
or street ultimate right-of-way
|
20 feet [C]
|
20 feet [C]
|
N/A
|
N/A
|
N/A
| |
|
(8)
|
Maximum height
|
3 1/2 stories or 40 feet (but
see § 508.10.d)
|
2 1/2 stories or 35 feet
|
2 1/2 stories or 35 feet
|
2 1/2 stories or 35 feet
|
2 1/2 stories or 35 feet
| |
|
(9)
|
Street
|
See § 502 of the Subdivision
and Land Development Ordinance
|
See § 502 of the Subdivision
and Land Development Ordinance
|
See § 502 of the Subdivision
and Land Development Ordinance
|
A.
|
Minimum street right-of-way width 40
feet
|
Same as single-family garden lot
|
|
B.
|
Minimum street cartway width 26 feet
| ||||||
|
C.
|
Minimum alley width (private ownership)
one-directional alley, 12 feet; two-directional alley, 18 feet
| ||||||
|
D.
|
Upright curb shall not be permitted
on alleys except where required for drainage purpose
| ||||||
|
NOTES:
| |||
|---|---|---|---|
|
[A]
|
Minimum width of an individual unit
is 20 feet.
| ||
|
[B]
|
Applies to end building only. When
abutting parking area or street right-of-way, then 10 feet setback
is permissible.
| ||
|
[C]
|
Applies only to parking lots and joint
parking areas, not to on-lot parking areas associated with individual
driveways or garages.
| ||
|
[D]
|
(1)
|
Within a three-foot minimum side yard,
no structures other than the following shall be permitted: HVAC equipment,
upper level building overhang not to exceed 25 square feet, chimney
projections, columns, trellises, fences or garden walls (and in the
case of a fence or wall, only where a garden lot dwelling wall which
faces the adjacent dwelling is recessed in conjunction with a patio
or deck) and any other ancillary structures deemed appropriate by
the Township.
| |
|
(2)
|
No dwelling may be constructed closer
than 10 feet to any building that is located on an adjacent lot.
| ||
|
(3)
|
The owner of a single-family garden
lot may construct a dwelling, fence, wall, garage or other structure
within 10 feet of a lot line (a "garden lot structure") in accordance
with the Township building permit procedure (except as otherwise permitted
in this ordinance) only if:
| ||
|
(a)
|
The lot on which the garden lot structure
is constructed benefits from an easement over maintenance or repairs
to such garden lot structure, which easement shall obligate the party
exercising its rights thereunder to restore the land disturbed by
such exercise;
| ||
|
(b)
|
The lot on which such garden lot structure
is located shall be subject to a restriction prohibiting such owner
from constructing thereon any window or opening on the side of a dwelling
facing the adjacent dwelling, the nearest wall of which is less then
20 feet away from the garden lot structure and which adjacent dwelling
has a window facing the wall of the garden lot structure except that
such restriction against a first floor window in the facing wall of
a garden lot structure shall not apply if there is a fence at least
five feet in height installed in the side yard of the lot of the garden
lot structure and the adjacent dwelling (a "privacy fence"), nor shall
such restriction apply if a window in the facing wall of a garden
lot structure is a clerestory window on a sill which is a minimum
of 4'6" from the floor plate. In the case where there are two adjacent
dwellings with facing walls containing windows, both lots shall be
subject to a restriction prohibiting the owner from placing a window
on the facing wall of the extension or addition to such garden lot
structure within 10 feet of the lot line;
| ||
|
(c)
|
Within the three-foot minimum side
yard, the owner of the garden lot structure shall be permitted to
plant and maintain grass; and
| ||
|
(d)
|
The declarant under the declaration
and any homeowners' association created pursuant thereto shall likewise
benefit from the easements described in clauses (1) and (3) above,
and has the obligation to enforce the restriction described in clause
(2) above.
| ||
|
For the purposes of clause (b) above,
a window in a garden lot structure shall not be deemed to be "facing"
an adjacent dwelling unless the wall in which such window is installed
is parallel to either:
| |||
|
(a)
|
The outside wall on the adjacent dwelling
which is less than 20 feet away from the garden lot structure; or
[Amended 10-22-2009 by Ord. No. 2009-04] | ||
|
(b)
|
The privacy fence between the garden
lot structure and the adjacent dwelling.
| ||
|
[E]
|
In the case where the driveway to the
garage is from the alley, then the garage and/or dwelling must be
set back at least 20 feet from the edge of the alley cartway if the
garage doors face the alley. Where the side of the garage faces the
alley the ten-foot setback shall be from the edge of the paving. The
ten-foot setback for fences and sheds shall also be from the edge
of paving where abutting an alley. In the case of reverse frontage
lots, each lot shall provide a rear yard setback of 40 feet to the
building line. Access alleys may be located within the setback area
where adequate landscaping and berming are provided and access to
the lots is restricted to the interior street or rear alley.
[Amended 11-13-2000 by Ord. No. 2000-12] | ||
|
[F]
|
Single driveway will not be permitted
within the front yard only if the lot is not serviced by a rear or
side access alley.
| ||
|
[G]
|
Uncovered stairs attached to the house
or porch structure may extend into the required front yard. Stair
treads in the required front yard shall not exceed 48 inches vertically
above grade.
[Added 6-12-2000 by Ord. No. 2000-05] | ||
|
[H]
|
All housing types and their accessory
structures serviced by alleys shall maintain a minimum setback of
20 feet from the paving edge of the alley except as provided in [E].
[H] shall be added to all housing types of § 508.10.c under
rear yard and side yard requirements.
[Amended 11-13-2000 by Ord. No. 2000-12] | ||
|
[I]
|
Maximum impervious coverage: No lot
three net acres or larger shall be covered by more than 65% of impervious
surface, including but not limited to principal land accessory buildings,
driveways and walkways and parking areas. Lots three acres or less
may have up to 75% impervious coverage.
[Amended 10-28-1996 by Ord. No. 96-13] | ||
d.
Notwithstanding and in addition to the above requirements,
the developer shall also demonstrate compliance with the following:
(1)
The minimum horizontal distance between groups
of townhouses, attached garden lots, quadraplexes, apartments, low
rise apartments and multifamily dwelling shall be:
(a)
One and one-half times the average height of
the two groups of such buildings for front or rear walls facing front
or rear walls; architectural features that are less than 10 square
feet in area and decks shall be permitted in this required setback
area as long as they are at least 40 feet from an adjacent deck or
projection. Decks shall be set back 20 feet from paved edge of alley;
[Amended 11-13-2000 by Ord. No. 2000-12]
(b)
Twenty feet for front or rear walls facing side
walls; and
(c)
Twenty feet for side walls facing side walls.
(2)
Low rise apartment buildings may be permitted
by conditional use to a maximum height of 65 feet or five stories,
whichever is less, provided that:
(b)
There is a corresponding decrease in both maximum
impervious coverage and building coverage by 0.7% for each foot of
height in excess of 35 feet; the decrease in impervious coverage shall
be 0.2% for each one foot over 35 feet height limit for a structure
in Town Center only; and
[Amended 9-14-2009 by Ord. No. 2009-03]
(c)
Any such building is equipped with an interior
sprinkler system and standpipe system, and is not of height that exceeds
the capability of available fire and emergency equipment.
(3)
Access and service shall be provided in the
front of each dwelling. Parking may be provided on the lot, as carports
or garages; as an integral part of the dwelling; or as a joint parking
facility for a group of dwellings with such deed restrictions as are
necessary to determine ownership and maintenance of common parking
facilities and methods of assigning charges for snow removal and repairs.
(4)
Multifamily dwelling unit buildings shall not
exceed 260 feet in length.
(5)
The minimum setback of any townhouse or multifamily
building abutting a parking area or its accessway shall be not less
than 10 feet.
(6)
Rooftop air conditioners or other external mechanical
equipment on apartments, low rise apartments and multifamily dwellings
shall be adequately screened on all four sides, not to prevent proper
operation.
e.
Other regulations.
(1)
The developer shall, during the conditional
use hearing, demonstrate the feasibility of compliance with the standards,
criteria, regulations, and specifications contained in this ordinance
and in the Township's Subdivision and Land Development Ordinance.
The final plan shall be in conformance with the said standards, criteria,
regulations, and specifications. Where the standards of this section
are manifestly inconsistent with standards otherwise applicable, the
standards of this section shall control.
(2)
The application for conditional use approval
shall contain all materials and shall depict all information specified
in § 401 of the Subdivision and Land Development Ordinance
together with all materials and information necessary to establish
compliance with this section.
f.
Parking requirements.
(1)
Minimum parking requirements. All buildings
and other structures within the residential portions of the PCID shall
be provided with the minimum of 2 1/2 off-street parking spaces, which
may include garage spaces, per dwelling unit. The visitor parking
shall be indented eight feet from the travel lane and on a private
street only. Age-restricted apartments in the Town center shall require
two spaces per unit.
[Amended 11-13-2000 by Ord. No. 2000-12; 9-14-2009 by Ord. No. 2009-03]
(2)
Shared parking. One or more parking lots may
be designed to service a group of semidetached, attached, or multifamily
residential units so long as the total number of such parking spaces
is no less than 2 1/2 spaces per dwelling unit served thereby and
each dwelling unit served thereby has convenient access to the associated
parking.
(3)
Paving. All required parking areas and all access
drives shall have a macadam or concrete surface.
(4)
Parking within front yard. Required parking
shall be permitted within required front or side yards unless prohibited
by other requirements of this ordinance.
(5)
Parking requirements. In the case of single-family
garden lot development, attached garden lots, townhouses or quadraplexes,
multifamily or apartments and townhouse/retail, the following parking
requirements shall apply:
(a)
Minimum parking requirements. All single homes
shall be provided with the minimum of 2 1/2 off-street parking spaces
per dwelling unit. Garage spaces shall be included in meeting the
minimum requirements.
(b)
Parking space and garage setbacks shall be as
required by § 508.10.c (chart).
(c)
On-street parking shall be permitted when alleys,
parking areas or driveways are used for vehicular access to the dwelling
units. No parking shall be permitted on the rear alley and such rear
alleys shall be appropriately signed to prohibit rear alley parking
and to indicate that such rear alleys are fire lanes. Parking shall
be limited to one side of the street only unless the applicant demonstrates
to the satisfaction of the Board of Supervisors that parking on both
sides of the street can be accommodated in a safe and efficient manner.
g.
Storage of trash and rubbish. Exterior storage areas
for trash and rubbish shall be well screened on all four sides; one
side or portion thereof being a gate, and contained in airtight, verminproof
containers. Interior storage areas for trash and rubbish shall, at
all times, be kept in an orderly and sanitary fashion.
h.
Standards for location and management of common open
space, recreation facilities and required open space.
[Amended 12-9-2013 by Ord. No. 2013-06]
(1)
No less than 25% of the gross area of the portion
of the PCID to be developed for residential use shall be common open
space, exclusive of buildings, parking areas, and other improvements;
lots and required lot areas; and existing and proposed street rights-of-way.
Common open space must remain in its natural condition unless designed
for active or passive recreation as outlined below. No less than 50%
of the common open space must be adequate for the development of active
recreation facilities. These facilities may include, but are not limited
to, playgrounds, swimming pools, tennis courts, ball diamonds, recreation
centers and basketball courts. The number and dimensions of such facilities
shall be in accordance with the standards published by the National
Recreation and Park Association and as approved by the Board of Supervisors.
Where possible, the open space shall be designed as a contiguous area
easily accessible to the residents and preserving natural features.
(2)
The governing documents for the development
shall include provisions which insure that the common open space land
shall continue as such and be properly maintained in accordance with
an approved open space management plan as described in § 617
of this ordinance. These provisions shall be in a form acceptable
to the Township’s Solicitor. The developer shall either: a)
dedicate such land to public use of the Township or other public agency
that has indicated it will accept such dedication; b) retain ownership
and responsibility for maintenance of such common open space land;
or c) provide for and establish one or more organizations for the
ownership and maintenance of all common open space. In the case of
(c) above, each organization shall be a nonprofit homeowners’
association.
i.
Management, maintenance, and repair of public facilities
and community services.
(1)
The developer shall assume responsibility for
the management, maintenance, repair, and operation of the following
facilities: roads, gutters, sidewalks, curbs, drainage system, water
distribution system, sewerage system, public lighting system, public
signs, recreation facility and any other public facility not listed,
if not dedicated to the Township or a Municipal Authority.
|
The developer shall assume responsibility for
the provision of the following community services: refuse collection,
snow removal, leaf removal, street cleaning, and the operation of
community buildings.
| |
|
The developer may divest himself of any or all
management, repair and operational responsibility by dedication of
such facilities to the Township or a Municipal Authority, if acceptable
to these bodies, or by creating an organization acceptable to the
Board of Supervisors for the management, repair and maintenance of
public facilities.
|
j.
Standards for fences, walls and hedges.
|
Fences, walls and hedges shall be permitted
in any yard, provided no fence, wall or hedge in a required front
yard shall be greater than four feet. Any fence in a front yard that
exceeds 36 inches shall be an ornamental fence that contains an open
area of not less than 75%.
| |
|
Where a fence located in a front yard is situated
within an applicable sight triangle for a street, alley or driveway,
the height of the fence shall be no greater than three feet.
|
508.11
Requirements governing town center uses. Town
center uses shall be permitted on specific sites set aside and designated
for town center development and agreed upon by the Board. This site
shall comply with the density and area and bulk requirements of this § 508.11.
Any or all of the following standards may be waived or modified by
the Board of Supervisors upon demonstration by the applicant that
innovative layout of lots, siting of structures and architectural
design does not adversely affect the health and general welfare of
the residents of Uwchlan Township. The Master Plan of Eagleview 2021
depicts Town Center and Town Center II. There shall be no further
lands designated as town centers within Eagleview development.
[Amended 1-14-2002 by Ord. No. 2002-01; 11-25-2002 by Ord. No.
2002-07; 9-14-2009 by Ord. No. 2009-03; 6-13-2022 by Ord. No. 2022-02]
a.
Permitted residential density. For the purpose of
calculating the residential density in the town center, the applicant
shall use the entire area of the town center development. The maximum
permitted residential densities shall be as follows:
(1)
Garden apartments (one- or two-story apartments),
low rise apartments (three- to five-story apartments): 12 dwelling
units per acre.
(2)
Apartments designed and intended for occupation
by senior citizens: 16 dwelling units per acre.
(3)
Townhouse or townhouse/retail: eight dwelling
units per acre.
b.
Permitted uses in town center. Any combination of
the following uses:
(1)
Residential uses, including: townhouses, townhouse/retail,
garden apartment buildings, low rise apartment buildings, and low
rise apartment buildings specifically designed and intended for occupation
by senior persons. Unless otherwise specified, for purposes of townhouse
uses in the town center, the area and bulk regulations of § 508.10
shall apply.
(2)
Commercial uses, including: convenience retail
stores, restaurant, cafe, tavern, bank (including drive-through service),
day-care facilities and inn or hotel (including attached banquet and
meeting room facility).
(3)
Office uses, including: professional offices,
medical offices.
(4)
Public uses, including: post office, public
library, municipal uses, schools and any other similar use located
in town centers or villages.
(5)
Indoor recreational uses subject to reasonable
limitations on hours of operation.
(6)
Any other similar use as permitted by the Board
of Supervisors.
c.
Town center accessory uses. The following accessory
uses shall be permitted in the town center:
d.
Town center area and bulk regulations.
(1)
Minimum town center site area: 15 acres.
(2)
Minimum distance between detached building:
20 feet.
(3)
Parking setbacks:
|
Minimum distance from dedicated road rights-of-way
to parking lots: 15 feet, provided that this setback may be reduced
to 10 feet where deemed appropriated by the Board of Supervisors and
that where on-street parking is permitted there shall be no setback
from the right-of-way, but the minimum distance of 10 feet from parking
to buildings shall be maintained as provided in this subsection.
| |
|
Minimum distance from town center building:
10 feet, except in the case where parking extends to adjacent parking
beneath a building or into a parking structure, zero feet.
|
(4)
Building height: The provisions of Zoning Ordinance § 508.6.d
shall apply.
(5)
Maximum building length: 300 feet. This 300
feet shall not include building length as governed by Section 508.11.e.(2).
(6)
Minimum building setback from the town center
site area boundary and/or dedicated road rights-of-way.
|
Yard
|
Setback
(feet)
|
|---|---|
|
Front
|
25*
|
|
Rear
|
25*
|
|
Side
|
25
|
|
*The front and rear yard setback may be reduced
upon approval of the Board of Supervisors when townhouse/retail or
retail buildings or a public use abut a street where parallel parking
is permitted.
| |
(7)
Special provisions. In the case where a retail
building and the land upon which such building is situated in the
town center is intended to be subdivided into a separate unity, each
of which is intended to be held in separate ownership, the individual
units will not be required to individually meet the dimensional requirements
above so long as the retail building in which such units are located
meets such requirements.
(8)
Area and bulk regulations for townhouse/retail.
Notwithstanding the foregoing area and bulk regulations, the following
area and bulk regulations shall apply to those areas of the town center
where townhouse/retail is proposed:
(a)
Minimum building width: 22 feet.
(b)
Minimum side yard: eight feet (end of buildings);
provided, however, unroofed stairs attached to the house or porch
structure may extend into the required side yard as provided in § 508.11.d(8)(h)
herein below.
(c)
Minimum rear yard: 75 feet; provided, however,
the minimum rear yard may be reduced to 70 feet for residential/retail
buildings to accommodate entry halls and laundry facilities only;
and further provided the minimum rear yard may be reduced to 62 feet
for residential/retail buildings to accommodate a garage structure
only with a flat roof not exceeding a maximum building height of the
lesser of one story or 10 feet. An unroofed deck may be constructed
on the flat roof restricted to residential use unroofed only by restrictive
covenants satisfactory to the Township publicly recorded against the
property.
(d)
Minimum front yard: 10 feet; provided, however,
unroofed stairs attached to the house or porch structure may extend
into the required front yard as provided in § 508.11.d(8)(h)
herein below.
(e)
Parking area setback from lot line or street
right-of-way: 10 feet (parking lots).
(f)
Maximum building height: the lesser of three
stories or 38.5 feet.
(g)
Street standards shall be proposed by the applicant
based upon the proposed function of the roadways and may vary from
the street standards otherwise provided in the Township ordinances
where approved by the Board of Supervisors.
(h)
Encroachments into minimum front and side yards:
stair structures attached to porches or buildings may extend into
the required front or side yard but by no more than four feet. The
uppermost portion of the stair structure extending into the front
or side yard shall not exceed 96 inches vertically above grade and
shall be unroofed.
e.
Additional regulations. In addition to the above requirements,
the developer shall also demonstrate compliance with the following:
(1)
No group of townhouses or townhouse/retail shall
consist of more than 10 attached buildings.
(2)
Multifamily dwelling unit buildings shall not
exceed 300 feet in length; provided, however, that a building may
be increased to not more than 375 feet in length when units are served
by a common corridor and with approval by the Board of Supervisors.
f.
Parking requirements in a town center. The minimum
number of parking spaces for each use within the town center shall
be required by § 607.2 of this ordinance, except as follows:
g.
Loading requirements in a town center. The minimum
loading space standards for each use within the town center shall
be as established in § 607 of this ordinance, except as
follows:
(1)
Individual loading/service areas will not be
required for each new building or unit within a building. Proposed
buildings or units within a building of the same or different uses
shall be permitted to share loading space where practical.
(2)
Individual or shared loading spaces shall be
a minimum of 40 feet in depth, 12 feet in width, with an overhead
clearance of 10 feet.
(3)
Loading spaces will be permitted between the
dedicated road right-of-way and the building line where approved by
the Board of Supervisors. The applicant must demonstrate the ability
to provide a screen (to consist of any combination of landscaping,
berming or fencing) between the loading spaces and the street line
adequate to screen the loading activities from the dedicated road
traffic. No loading spaces shall be permitted on a dedicated street.
508.12
Maximum building coverage and height. Except
where otherwise specified in § 508, the maximum building
coverage and height in the PCID Zoning District shall be as follows:
a.
Maximum
building coverage: 50%.
b.
Maximum
building height: three stories or 35 feet, whichever is less, except
that building height may be increased to 65 feet as provided in § 508.6.d.
Buildings exceeding two stories in height shall be constructed with
an interior fire protection sprinkler system and standpipe system.
c.
Maximum
impervious coverage: no lot three net acres or larger shall be covered
by more than 65% of impervious surface, including but not limited
to principal and accessory buildings, driveways and walkways and parking
areas.
d.
Lots
three acres or less may have up to 75% impervious coverage.
508.13
Planned life care facility. A planned life care facility shall
comply with all of the following requirements:
[Added 6-8-2015 by Ord.
No. 2015-03]
a.
The facility shall be located on a lot that is within 100 feet of
a Town Center.
b.
Minimum lot size and open space: in compliance with § 508.8,
except the minimum lot size shall be 10 acres.
c.
Minimum yard dimensions: in compliance with § 508.9.
d.
Building height: up to 65 feet, provided, however, that for every
foot in height above 35 feet, there shall be a reduction in impervious
coverage of 0.2% and a reduction in building coverage of 0.7%.
e.
Maximum building length: 300 feet; provided, however, that the building
length may be increased to a maximum of 375 feet when the units in
such building are served by a common corridor with hold open device
doors and with conditional use approval by the Board of Supervisors.
f.
Maximum density: 26 units per gross acre of lot area (notwithstanding
any other provision or limitation of the Zoning Ordinance). For purposes
of density calculations and this § 508.13, a "unit" shall
mean an individual assisted living unit or independent living unit
arranged, designed and intended for occupancy (and actually occupied)
by a maximum of two individuals with access to each unit from a separate
doorway on a common hallway. The unit shall be a residence of the
occupants, both of whom shall be 62 years of age or older. No other
individuals shall reside in or occupy the units, except guests and
invitees of the residents for a period not to exceed a maximum of
14 days per each calendar year for all guests and invitees.
g.
The facility shall be located in a single structure; the single structure
may consist of building components connected by conditioned walkways.
h.
The facility must be owned by a single individual or entity; the
facility must also be operated by a single individual or entity which
need not be the same as the owner.
i.
The facility must include both independent and assisted living units.
A minimum of 30% of the total units must be assisted living units.
The assisted living units must be licensed by the Commonwealth of
Pennsylvania as an assisted living facility or a personal care home.
j.
Minimum parking: 0.5 space for each assisted living unit; and two
spaces for every independent living unit; and one space for each employee
during the largest shift. Up to 20% of the total parking required
may be placed in reserve when approved by the Board of Supervisors
in accordance with § 607.2.e(2). A minimum of 10% of the
total parking required shall be under the building or covered.
509.1
Purpose. The purpose of the PI Planned Industrial
District is to provide sufficient space, in appropriate locations,
to meet the anticipated future needs for limited light industrial
activity. Any use permitted in this district by right, special exception
or condition and described in § 611 of this ordinance is
subject to the requirements set forth in § 611.
509.2
Review procedure. In order to assure the satisfactory
development of the PI Planned Industrial District, it shall be required
that development plans be submitted to the Board of Supervisors under
the procedures established in this ordinance.
509.3
Permitted uses.
a.
Manufacturing, wholesaling, processing, warehousing,
and distributing, provided that no bulk storage of liquid or gaseous
fuels shall be permitted except for consumption on the premises.
b.
Laboratory for scientific research and development.
c.
Agriculture, except intensive agriculture.
d.
Passenger station for public transportation; electric
substation; telephone central office.
e.
Business or professional office and banks.
f.
Churches.
g.
Public uses, structures or buildings owned, operated
or subsidized by the Township, an Authority created by the Township
or an Authority of which the Township is a member.
509.5
Uses permitted by conditional use.
a.
Structures up to 65 feet in height may be permitted,
provided they are sprinklered and have standpipe systems in accordance
with the Uwchlan Township Fire Code, and provided that for each foot
in excess of 35 feet, there shall be a corresponding decrease in both
maximum impervious coverage and building coverage by 0.7% and provided
such height increase does not impinge on the rights of existing or
future residents in the community.
b.
Any other use as determined by the Board of Supervisors
to be of the same general character as the permitted uses.
c.
Sale of new automobiles, including repairs and used
car sales only as accessory to new car sales.
e.
Each adult entertainment use shall be subject to the
following separation distance, buffering, and screening regulations:
[Added 9-14-1998 by Ord. No. 98-14]
|
NOTE: For the purpose of this section, measurement
shall be made in a straight line, without regard to the intervening
structures or objects, from the nearest portion of the premises where
a sexually oriented business is conducted, to the nearest property
line of the premises of the listed use. The presence of a municipal,
county or other political subdivision boundary shall be irrelevant
for purposes of calculating and applying the distance requirements
of this section.
|
(1)
No adult entertainment use (or building containing
such use) shall be located:
(a)
Within 400 feet of:
1.
A church, synagogue, mosque, temple or building
which is used primarily for religious worship and related religious
activities;
2.
A public or private educational facility, including
but not limited to child day-care facilities, nursery schools, preschools,
kindergartens, elementary schools, private schools, intermediate schools,
junior high schools, middle schools, high schools, secondary schools,
continuation schools, special education schools, junior colleges,
and universities; school includes the school grounds, but does not
include the facilities used primarily for another purpose and only
incidentally as a school;
3.
A licensed premises, licensed pursuant to the
alcoholic beverage control regulations of the Commonwealth of Pennsylvania;
4.
Any other adult entertainment use;
(b)
Or within 800 feet of a boundary of a residential
district as defined in the Uwchlan Township Zoning Ordinance or any
property devoted to a residential use;
(c)
Or within 500 feet of:
1.
A public park or recreational area which has
been designated for park or recreational activities, including but
not limited to a park, playground, nature trails, swimming pool, reservoir,
athletic field, basketball or tennis courts, pedestrian/bicycle paths,
wilderness areas, or other similar public land within the Township
which is under the control, operation, or management of the Township
park and recreation authorities, or other similar land within the
Township which is under the control, operation or management of private
parties and open and available for use by the general public.
2.
An entertainment business which is oriented
primarily towards children and family entertainment.
(2)
Screening, buffering, and signage. Any lot which
is to be used for any adult entertainment use shall contain screening
and buffering along property lines adjoining other zoning districts
in accordance with the provisions of § 608, Screening, of
this ordinance. In addition to strict compliance with all other regulatory
provisions applicable to signage, no sign shall contain a graphic
representation of or refer descriptively to any "specified anatomical
area" or "specified sexual activity."
(3)
Data. Sufficient additional data shall be submitted
to enable the Planning Commission and the Board of Supervisors to
determine that the requirements of this and other ordinances of the
Township relevant to the proposed use have been fulfilled.
f.
Any
legitimate use not specifically provided for in any zoning district
and which is not inherently objectionable.
[Added 12-9-2013 by Ord. No. 2013-06]
509.6
Uses permitted by special exception.
a.
A private-use helistop as an accessory use or a private-use
heliport. Both such facilities shall be subject to Planning Commission
review and recommendation and the general conditions prescribed in § 610.[3]
[3]
Editor's Note: Former Subsection 509.6b which
immediately followed this subsection was deleted at time of adoption
of Code (see Ch, 1, General Provisions, Art. I).
509.7
Minimum lot area.
a.
Area. The average area of all lots within a single
development shall not be less than four acres, provided no lot shall
be less than two acres.
b.
Width. There shall be a minimum lot width at the building
line of 200 feet plus 50 feet for every acre of lot area in excess
of two acres but in no event shall the required lot width be more
than 400 feet.
509.8
Minimum yard dimensions.
a.
Front yard: minimum of 40 feet, except when an agricultural
or residential district is adjacent to the front yard, in which case
the front yard setback shall be 150 feet minimum.
b.
Each side yard: minimum of 15 feet, except when an
agricultural or residential district or lot containing an occupied
dwelling is adjacent to the side yard, in which case the side yard
setback shall be 150 feet on the side thus abutted. On a corner lot
there shall be a side yard of not less than 40 feet.
c.
Rear yard: minimum of 15 feet, except when an agricultural
or residential district, or lot containing an occupied dwelling unit,
is adjacent to the rear yard setback shall be 150 feet.
509.9
Maximum lot coverage and building height.
a.
Building coverage.
|
Lot Area
(acres)
|
Maximum Building Coverage
| |
|---|---|---|
|
At least 2, not over 3
|
40%
| |
|
Over 3, not over 7
|
45%
| |
|
Over 7, not over 10
|
50%
| |
|
Over 100
|
55%
|
|
Maximum impervious coverage: no lot three net
acres or larger shall be covered by more than 65% of impervious surface,
including but not limited to principal and accessory buildings, driveways
and walkways and parking areas.
| |
|
Lots three acres or less may have up to 75%
impervious coverage.
[Amended 10-28-1996 by Ord. No. 96-13] |
[Amended 9-25-2006 by Ord. No. 2006-06; 12-9-2013 by Ord. No. 2013-06; 7-10-2017 by Ord. No.
2017-05]
510.1
Statutory
authorization. The Legislature of the Commonwealth of Pennsylvania
has, by the passage of the Pennsylvania Flood Plain Management Act
of 1978,[1] delegated the responsibility to local governmental units
to adopt floodplain management regulations to promote public health,
safety, and the general welfare of its citizenry. Therefore, the Board
of Supervisors of the Township of Uwchlan does hereby order as follows.
[1]
Editor's Note: See 32 P.S. § 679.101 et seq.
510.2
General
provisions.
a.
Intent. The intent of this section is to:
(1)
Promote the general health, welfare, and safety of the community.
(2)
Encourage the utilization of appropriate construction practices
in order to prevent or minimize flood damage in the future.
(3)
Minimize danger to public health by protecting water supply
and natural drainage.
(4)
Reduce financial burdens imposed on the community, its governmental
units, and its residents, by preventing excessive development in areas
subject to flooding.
(5)
Comply with federal and state floodplain management requirements.
b.
Applicability. It shall be unlawful for any person, partnership,
business or corporation to undertake, or cause to be undertaken, any
construction or development anywhere within the Township of Uwchlan
unless a permit has been obtained from the Floodplain Administrator.
c.
Abrogation and greater restrictions. This section supersedes any
other conflicting provisions which may be in effect in identified
floodplain areas. However, any other ordinance provisions shall remain
in full force and effect to the extent that those provisions are more
restrictive. If there is any conflict between any of the provisions
of this section, the more restrictive shall apply.
d.
Severability. If any section, subsection, paragraph, sentence, clause,
or phrase of this section shall be declared invalid for any reason
whatsoever, such a decision shall not affect the remaining portions
of the section, which shall remain in full force and effect, and for
this purpose the provisions of this section are hereby declared to
be severable.
e.
Warning and disclaimer of liability.
(1)
The degree of flood protection sought by the provisions of this
section is considered reasonable for regulatory purposes and is based
on accepted engineering methods of study. Larger floods may occur
or flood heights may be increased by man-made or natural causes, such
as ice jams and bridge openings restricted by debris. This section
does not imply that areas outside any identified floodplain areas,
or that land uses permitted within such areas will be free from flooding
or flood damages.
(2)
This section shall not create liability on the part of the Township
of Uwchlan or any officer or employee thereof for any flood damages
that result from reliance on this section or any administrative decision
lawfully made thereunder.
510.3
Administration.
a.
Designation of the Floodplain Administrator.
(1)
The Township Zoning Officer is hereby appointed to administer
and enforce this section and is referred to herein as the Floodplain
Administrator. The Floodplain Administrator may: A) fulfill the duties
and responsibilities set forth in these regulations; B) delegate duties
and responsibilities set forth in these regulations to qualified technical
personnel, plan examiners, inspectors, and other employees; or C)
enter into a written agreement or written contract with another agency
or private sector entity to administer specific provisions of these
regulations. Administration of any part of these regulations by another
entity shall not relieve the community of its responsibilities pursuant
to the participation requirements of the National Flood Insurance
Program as set forth in the Code of Federal Regulations at 44 CFR
59.22.
(2)
In the absence of a designated Floodplain Administrator, the
Floodplain Administrator duties are to be fulfilled by the Assistant
Township Zoning Officer.
b.
Permits required. A permit shall be required before any construction
or development is undertaken within any area of the Township of Uwchlan.
c.
Duties and responsibilities of the Floodplain Administrator.
(1)
The Floodplain Administrator shall issue a permit only after
it has been determined that the proposed work to be undertaken will
be in conformance with the requirements of this and all other applicable
codes and ordinances.
(2)
Prior to the issuance of any permit, the Floodplain Administrator
shall review the application for the permit to determine if all other
necessary government permits required by state and federal laws have
been obtained, such as those required by the Pennsylvania Sewage Facilities
Act (Act 1966-537, as amended); the Pennsylvania Dam Safety and Encroachments
Act (Act 1978-325, as amended); the Pennsylvania Clean Streams Act
(Act 1937-394, as amended);[2] and the U.S. Clean Water Act, Section 404, 33 U.S.C. § 1344.
No permit shall be issued until this determination has been made.
[2]
Editor's Note: See 35 P.S. § 750.1 et seq., 32 P.S. § 693.1
et seq. and 35 P.S. § 691.1 et seq., respectively.
(3)
In the case of existing structures, prior to the issuance of
any development/permit, the Floodplain Administrator shall review
the proposed cost of improvements or repairs and the preimprovement
market value of the structure, so that a substantial improvement/substantial
damage determination can be made, in accordance with FEMA's Substantial
Improvement/Substantial Damage Desk Reference.
(4)
In the case of existing structures, prior to the issuance of
any development/permit, the Floodplain Administrator shall review
the history of repairs to the subject building, so that any cumulative
substantial damage concerns can be addressed before the permit is
issued.
(5)
During the construction period, the Floodplain Administrator
or other authorized official shall inspect the premises to determine
that the work is progressing in compliance with the information provided
on the permit application and with all applicable municipal laws and
ordinances. He/she shall make as many inspections during and upon
completion of the work as are necessary.
(6)
In the discharge of his/her duties, the Floodplain Administrator
shall have the authority to enter any building, structure, premises
or development in the identified floodplain area, upon presentation
of proper credentials, at any reasonable hour to enforce the provisions
of this section.
(7)
In the event the Floodplain Administrator discovers that the
work does not comply with the permit application or any applicable
laws and ordinances, or that there has been a false statement or misrepresentation
by any applicant, the Floodplain Administrator shall revoke the permit
and report such fact to the Board of Supervisors for whatever action
it considers necessary.
(8)
The Floodplain Administrator shall maintain in perpetuity, or
for the lifetime of the structure, all records associated with the
requirements of this section including, but not limited to, finished
construction elevation data, permitting, inspection and enforcement.
(9)
The Floodplain Administrator is the official responsible for
submitting a biennial report to FEMA concerning community participation
in the National Flood Insurance Program as requested.
(10)
The responsibility, authority and means to implement the commitments
of the Floodplain Administrator can be delegated from the person identified.
However, the ultimate responsibility lies with the person identified
in the floodplain ordinance as the floodplain administrator/manager.
(11)
The Floodplain Administrator shall consider the requirements
of the 34 Pa. Code and the 2009 IBC and the 2009 IRC, or the latest
revision thereof as adopted by the Commonwealth of Pennsylvania.
d.
Application procedures and requirements.
(1)
Application for such a permit shall be made, in writing, to
the Floodplain Administrator on forms supplied by the Township of
Uwchlan. Such application shall contain the following:
(a)
Name and address of applicant.
(b)
Name and address of owner of land on which proposed construction
is to occur.
(c)
Name and address of contractor.
(d)
Site location including address.
(e)
Listing of other permits required.
(f)
Brief description of proposed work and estimated cost, including
a breakout of flood-related cost and the market value of the building
before the flood damage occurred where appropriate.
(g)
A plan of the site showing the exact size and location of the
proposed construction as well as any existing buildings or structures.
(2)
If any proposed construction or development is located entirely
or partially within any identified floodplain area, applicants for
permits shall provide all the necessary information in sufficient
detail and clarity to enable the Floodplain Administrator to determine
that:
(a)
All such proposals are consistent with the need to minimize
flood damage and conform with the requirements of this and all other
applicable codes and ordinances;
(b)
All utilities and facilities, such as sewer, gas, electrical
and water systems are located and constructed to minimize or eliminate
flood damage;
(c)
Adequate drainage is provided so as to reduce exposure to flood
hazards;
(d)
Structures will be anchored to prevent flotation, collapse,
or lateral movement;
(e)
Building materials are flood-resistant;
(f)
Appropriate practices that minimize flood damage have been used;
and
(g)
Electrical, heating, ventilation, plumbing, air-conditioning
equipment, and other service facilities have been designed and located
to prevent water entry or accumulation.
(3)
Applicants shall file the following minimum information plus
any other pertinent information as may be required by the Floodplain
Administrator to make the above determination:
(a)
A completed permit application form.
(b)
A plan of the entire site, clearly and legibly drawn at a scale
of one inch being equal to 100 feet or less, showing the following:
1.
North arrow, scale, and date;
2.
Topographic contour lines, if available;
3.
The location of all existing and proposed buildings, structures,
and other improvements, including the location of any existing or
proposed subdivision and development;
4.
The location of all existing streets, drives, and other accessways;
and
5.
The location of any existing bodies of water or watercourses,
identified floodplain areas, and, if available, information pertaining
to the floodway, and the flow of water including direction and velocities.
(c)
Plans of all proposed buildings, structures and other improvements,
drawn at suitable scale showing the following:
1.
The proposed lowest floor elevation of any proposed building
based upon North American Vertical Datum of 1988;
2.
The elevation of the base flood;
3.
Supplemental information as may be necessary under 34 Pa. Code,
the 2009 IBC or the 2009 IRC, or the latest revision thereof as adopted
by the Commonwealth of Pennsylvania.
(d)
The following data and documentation:
1.
Detailed information concerning any proposed floodproofing measures
and corresponding elevations.
2.
If available, information concerning flood depths, pressures,
velocities, impact and uplift forces and other factors associated
with a base flood.
3.
Documentation, certified by a registered professional engineer
or architect, to show that the cumulative effect of any proposed development
within any identified floodplain area (See § 510.4a) when
combined with all other existing and anticipated development, will
not cause any increase in the base flood elevation.
4.
A document, certified by a registered professional engineer
or architect, which states that the proposed construction or development
has been adequately designed to withstand the pressures, velocities,
impact and uplift forces associated with the base flood. Such statement
shall include a description of the type and extent of floodproofing
measures which have been incorporated into the design of the structure
and/or the development.
5.
Detailed information needed to determine compliance with §§ 510.5c(6)
Storage, and 510.5d, Development which may endanger human life, including:
(a)
The amount, location and purpose of any materials
or substances referred to in §§ 510.5c(6) and 510.5d
which are intended to be used, produced, stored or otherwise maintained
on site.
(b)
A description of the safeguards incorporated into
the design of the proposed structure to prevent leaks or spills of
the dangerous materials or substances listed in § 510.5d
during a base flood.
6.
The appropriate component of the Department of Environmental
Protection's Planning Module for Land Development.
7.
Where any excavation or grading is proposed, a plan meeting
the requirements of the Department of Environmental Protection, to
implement and maintain erosion and sedimentation control.
(4)
Applications for permits shall be accompanied by a fee, payable
to the municipality based upon the estimated cost of the proposed
construction as determined by the Floodplain Administrator.
e.
Review of application by others. A copy of all plans and applications
for any proposed construction or development in any identified floodplain
area to be considered for approval may be submitted by the Floodplain
Administrator to any other appropriate agencies and/or individuals
(e.g., planning commission, municipal engineer, etc.) for review and
comment.
f.
Changes. After the issuance of a permit by the Floodplain Administrator,
no changes of any kind shall be made to the application, permit or
any of the plans, specifications or other documents submitted with
the application without the written consent or approval of the Floodplain
Administrator. Requests for any such change shall be in writing, and
shall be submitted by the applicant to Floodplain Administrator for
consideration.
g.
Placards. In addition to the permit, the Floodplain Administrator
shall issue a placard, or similar document, which shall be displayed
on the premises during the time construction is in progress. This
placard shall show the number of the permit, the date of its issuance,
and be signed by the Floodplain Administrator.
h.
Start of construction.
(1)
Work on the proposed construction or development shall begin
within 180 days after the date of issuance of the development permit.
Work shall also be completed within 12 months after the date of issuance
of the permit or the permit shall expire unless a time extension is
granted, in writing, by the Floodplain Administrator. The issuance
of development permit does not refer to the zoning approval.
(2)
The actual start of construction means either the first placement
of permanent construction of a structure on a site, such as the pouring
of slab or footings, the installation of piles, the construction of
columns, or any work beyond the stage of excavation; or the placement
of a manufactured home on a foundation. Permanent construction does
not include land preparation, such as clearing, grading, and filling;
nor does it include the installation of streets and/or walkways; nor
does it include excavation for a basement, footings, piers, or foundations
or the erection of temporary forms; nor does it include the installation
on the property of accessory buildings, such as garages or sheds not
occupied as dwelling units or not part of the main structure. For
a substantial improvement, the actual start of construction means
the first alteration of any wall, ceiling, floor, or other structural
part of a building, whether or not that alteration affects the external
dimensions of the building.
(3)
Time extensions shall be granted only if a written request is
submitted by the applicant, who sets forth sufficient and reasonable
cause for the Floodplain Administrator to approve such a request and
the original permit is compliant with the ordinance and FIRM/FIS in
effect at the time the extension is granted.
i.
Enforcement.
(1)
Notices. Whenever the Floodplain Administrator or other authorized
municipal representative determines that there are reasonable grounds
to believe that there has been a violation of any provisions of this
section, or of any regulations adopted pursuant thereto, the Floodplain
Administrator shall give notice of such alleged violation as hereinafter
provided. Such notice shall:
(a)
Be in writing;
(b)
Include a statement of the reasons for its issuance;
(c)
Allow a reasonable time not to exceed a period of 30 days for
the performance of any act it requires;
(d)
Be served upon the property owner or his agent as the case may
require; provided, however, that such notice or order shall be deemed
to have been properly served upon such owner or agent when a copy
thereof has been served with such notice by any other method authorized
or required by the laws of this state;
(e)
Contain an outline of remedial actions which, if taken, will
effect compliance with the provisions of this section.
(2)
Penalties. Any person, partnership, or corporation who or which
has violated or permitted the violation of the provisions of this
section shall, upon being found liable therefor in a civil enforcement
proceeding commenced hereunder, pay a judgment of not more than $500,
plus all court costs, including reasonable attorney's fees incurred
by the Township as a result thereof.
j.
Appeals.
(1)
Any person aggrieved by any action or decision of the Floodplain
Administrator concerning the administration of the provisions of this
section may appeal to the Zoning Hearing Board. Such appeal must be
filed, in writing, within 30 days after the decision, determination
or action of the Floodplain Administrator.
510.4
Identification
of floodplain areas.
a.
Identification.
(1)
The identified floodplain area shall be:
(a)
Any areas of Township of Uwchlan, classified as special flood
hazard areas (SFHAs) in the Flood Insurance Study (FIS) and the accompanying
Flood Insurance Rate Maps (FIRMs) dated September 29, 2017, and issued
by the Federal Emergency Management Agency (FEMA) or the most recent
revision thereof, including all digital data developed as part of
the Flood Insurance Study; and
(b)
Any community-identified flood hazard areas.
(2)
The above-referenced FIS and FIRMs, and any subsequent revisions
and amendments are hereby adopted by Township of Uwchlan and declared
to be a part of this section.
b.
Description and special requirements of identified floodplain areas.
The identified floodplain area shall consist of the following specific
areas:
(1)
The Floodway Area shall be those areas identified in the FIS
and the FIRM as floodway and which represent the channel of a watercourse
and the adjacent land areas that must be reserved in order to discharge
the base flood without increasing the water surface elevation by more
than one foot at any point. This term shall also include floodway
areas which have been identified in other available studies or sources
of information for those special flood hazard areas where no floodway
has been identified in the FIS and FIRM.
(a)
Within any floodway area, no encroachments, including fill,
new construction, substantial improvements, or other development shall
be permitted unless it has been demonstrated through hydrologic and
hydraulic analysis performed in accordance with standard engineering
practice that the proposed encroachment would not result in any increase
in flood levels within the community during the occurrence of the
base flood discharge.
(b)
Within any floodway area, no new construction or development
shall be allowed, unless the appropriate permit is obtained from the
Department of Environmental Protection Regional Office.
(2)
The AE Area/District shall be those areas identified as an AE
Zone on the FIRM included in the FIS prepared by FEMA for which base
flood elevations have been provided.
(a)
The AE Area adjacent to the floodway shall be those areas identified
as an AE Zone on the FIRM included in the FIS prepared by FEMA for
which base flood elevations have been provided and a floodway has
been delineated.
(b)
AE Area without floodway shall be those areas identified as
an AE Zone on the FIRM included in the FIS prepared by FEMA for which
base flood elevations have been provided but no floodway has been
determined.
1.
No encroachments, including fill, new construction, substantial
improvements, or other development shall be permitted in an AE Zone
without floodway, unless it has been demonstrated through hydrologic
and hydraulic analysis performed in accordance with standard engineering
practice that the proposed development together with all other existing
and anticipated development, would not result in an increase in flood
levels of more than one foot within the entire community during the
occurrence of the base flood discharge.
2.
No new construction or development shall be located within the
area measured 50 feet landward from the top-of-bank of any watercourse,
unless the appropriate permit is obtained from the Department of Environmental
Protection Regional Office.
(3)
The A Area/District shall be those areas identified as an A
Zone on the FIRM included in the FIS prepared by FEMA and for which
no base flood elevations have been provided. For these areas, elevation
and floodway information from other federal, state, or other acceptable
sources shall be used when available. Where other acceptable information
is not available, the base flood elevation shall be determined by
using the elevation of a point on the boundary of the identified floodplain
area which is nearest the construction site. In lieu of the above,
the municipality may require the applicant to determine the elevation
with hydrologic and hydraulic engineering techniques. Hydrologic and
hydraulic analyses shall be undertaken only by professional engineers
or others of demonstrated qualifications, who shall certify that the
technical methods used correctly reflect currently accepted technical
concepts. Studies, analyses, computations, etc., shall be submitted
in sufficient detail to allow a thorough technical review by the municipality.
In the absence of any of the above data or documentation, the community
may require elevation of the lowest floor to be at least three feet
above the highest adjacent grade.
(4)
The AO and AH Area/District shall be those areas identified
as Zones AO and AH on the FIRM and in the FIS. These areas are subject
to inundation by one-percent-annual-chance shallow flooding where
average depths are between one foot and three feet. In Zones AO and
AH, drainage paths shall be established to guide floodwaters around
and away from structures on slopes.
(5)
Community-identified flood hazard areas shall be those areas
where Township of Uwchlan has identified local flood hazard or ponding
areas, as delineated and adopted on a local flood hazard map using
best available topographic data and locally derived information such
as flood of record, historic high-water marks, soils or approximate
study methodologies.
c.
Changes in identification of area. The identified floodplain area
may be revised or modified by the Board of Supervisors where studies
or information provided by a qualified agency or person documents
the need for such revision. However, prior to any such change to the
special flood hazard area, approval must be obtained from FEMA. Additionally,
as soon as practicable, but not later than six months after the date
such information becomes available, a community shall notify FEMA
of the changes to the special flood hazard area by submitting technical
or scientific data. See § 510.5a(2) for situations where
FEMA notification is required.
d.
Boundary disputes. Should a dispute concerning any identified floodplain
boundary arise, an initial determination shall be made by the Township
of Uwchlan and any party aggrieved by this decision or determination
may appeal to the Board of Supervisors. The burden of proof shall
be on the appellant.
e.
Jurisdictional boundary changes. Prior to development occurring in
areas where annexation or other corporate boundary changes are proposed
or have occurred, the community shall review flood hazard data affecting
the lands subject to boundary changes. The community shall adopt and
enforce floodplain regulations in areas subject to annexation or corporate
boundary changes which meet or exceed those in 44 CFR 60.3.
510.5
Technical
provisions.
a.
General.
(1)
Alteration or relocation of watercourse.
(a)
No encroachment, alteration, or improvement of any kind shall
be made to any watercourse until all adjacent municipalities which
may be affected by such action have been notified by the municipality,
and until all required permits or approvals have first been obtained
from the Department of Environmental Protection Regional Office.
(b)
No encroachment, alteration, or improvement of any kind shall
be made to any watercourse unless it can be shown that the activity
will not reduce or impede the flood-carrying capacity of the watercourse
in any way.
(c)
In addition, FEMA and the Pennsylvania Department of Community
and Economic Development shall be notified prior to any alteration
or relocation of any watercourse.
(2)
When Township of Uwchlan proposes to permit the following encroachments:
any development that causes a rise in the base flood elevations within
the floodway; or any development occurring in Zones A1-30 and Zone
AE without a designated floodway, which will cause a rise of more
than one foot in the base flood elevation; or alteration or relocation
of a stream (including but not limited to installing culverts and
bridges); the applicant shall (as per 44 CFR Part 65.12):
(a)
Apply to FEMA for conditional approval of such action prior
to permitting the encroachments to occur.
(b)
Upon receipt of the FEMA Administrator's conditional approval
of map change and prior to approving the proposed encroachments, a
community shall provide evidence to FEMA of the adoption of floodplain
management ordinances incorporating the increased base flood elevations
and/or revised floodway reflecting the post-project condition.
(c)
Upon completion of the proposed encroachments, the applicant
shall provide as-built certifications. FEMA will initiate a final
map revision upon receipt of such certifications in accordance with
44 CFR Part 67.
(3)
Any new construction, development, uses or activities allowed
within any identified floodplain area shall be undertaken in strict
compliance with the provisions contained in this section and any other
applicable codes, ordinances and regulations.
(4)
Within any identified floodplain area, no new structures shall
be located within the area measured 50 feet landward from the top-of-bank
of any watercourse.
(5)
Permitted uses: The following uses and activities are permitted,
provided they are in compliance with the provisions of the underlying
district and are not prohibited by another ordinance and provided
that they do not require structures, fill or storage of materials
and equipment.
(a)
Agricultural uses, such as general farming, pasture, grazing,
outdoor plant nurseries, horticulture, truck farming, forestry, sod
farming and wild crop harvesting.
(b)
Public and private recreational uses and activities, such as
parks, day camps, picnic grounds, golf courses, boat launching and
swimming areas, hiking and horseback riding trails, wildlife and nature
preserves, fish hatcheries, and fishing areas.
(c)
Municipal use.
(d)
Temporary uses such as carnivals or festivals provided that
natural vegetative ground cover remains as it was prior to the temporary
event and is not destroyed, removed or altered in a way to create
sedimentation of erosion.
(e)
Accessory uses, such as yard areas, open space areas, gardens,
play areas, and pervious parking areas, driveways, and roadways.
b.
Elevation and floodproofing requirements. Within any identified floodplain
area any new construction or substantial improvements not listed in § 510.5a(5)
above shall be prohibited. If a variance is obtained for new construction
or substantial improvements in the identified floodplain area in accordance
with the criteria in § 510.8, then the following provisions
apply:
(1)
Residential structures.
(a)
In AE, A1-30, and AH Zones, any new construction or substantial
improvement shall have the lowest floor (including basement) elevated
up to, or above, the regulatory flood elevation.
(b)
In A Zones, where there are no base flood elevations specified
on the FIRM, any new construction or substantial improvement shall
have the lowest floor (including basement) elevated up to, or above,
the regulatory flood elevation determined in accordance with § 510.4b(3)
of this section.
(c)
In AO Zones, any new construction or substantial improvement
shall have the lowest floor (including basement) at or above the highest
adjacent grade at least as high as the depth number specified on the
FIRM.
(d)
The design and construction standards and specifications contained
in the 2009 International Building Code (IBC) and in the 2009 International
Residential Code (IRC) or the latest edition thereof adopted by the
Commonwealth of Pennsylvania, and ASCE 24 and 34 Pa. Code (Chapters
401 to 405, as amended) shall be utilized, where they are more restrictive.
(2)
Nonresidential Structures.
(a)
In AE, A1-30 and AH Zones, any new construction or substantial
improvement of a nonresidential structure shall have the lowest floor
(including basement) elevated up to, or above, the regulatory flood
elevation, or be designed and constructed so that the space enclosed
below the regulatory flood elevation:
(b)
In A Zones, where no base flood elevations are specified on
the FIRM, any new construction or substantial improvement shall have
the lowest floor (including basement) elevated or completely floodproofed
up to, or above, the regulatory flood elevation determined in accordance
with § 510.46(3) of this section.
(c)
In AO Zones, any new construction or substantial improvement
shall have their lowest floor elevated or completely floodproofed
above the highest adjacent grade to at least as high as the depth
number specified on the FIRM.
(d)
Any nonresidential structure, or part thereof, made watertight
below the regulatory flood elevation shall be floodproofed in accordance
with the W1 or W2 space classification standards contained in the
publication entitled "Flood-Proofing Regulations" published by the
U.S. Army Corps of Engineers (June 1972, as amended March 1992) or
with some other equivalent standard. All plans and specifications
for such floodproofing shall be accompanied by a statement certified
by a registered professional engineer or architect which states that
the proposed design and methods of construction are in conformance
with the above-referenced standards. There should be a statement submitted
with the permit application and a statement submitted with the as-built
floodproofing certificate prior to the issuance of the certificate
of occupancy.
(e)
Any nonresidential structure that will be floodproofed must
submit the following to the Floodplain Administrator along with the
nonresidential floodproofing certificate and prior to the issuance
of the certificate of occupancy:
1.
An inspection and maintenance plan
detailing the annual maintenance of floodproofed components ensuring
that all components will operate properly under flood conditions.
Components that must be inspected include at a minimum:
2.
Flood emergency operation plan detailing the procedures to be
followed during a flooding event, and must include information pertaining
to how all components will operate properly under all conditions,
including power failures. The design professional must produce the
plan. An adequate plan must include the following:
(a)
An established chain of command and responsibility
with leadership responsibilities clearly defined for all aspects of
the plan.
(b)
A procedure for notification of necessary parties
when flooding threatens and flood warnings are issued. Personnel required
to be at the building should have a planned and safe means of ingress
and should have no other emergency response duties during a flood
event. Alternates should be assigned in the event that the primary
persons responsible are unable to complete their assigned duties under
the plan.
(c)
A list of specific duties assigned to ensure that
all responsibilities are addressed expeditiously. The locations of
materials necessary to properly install all floodproofing components
must be included in the list.
(d)
An evacuation plan for all personnel or occupants;
those without duties for the flood emergency as well as those with
duties for implementing the plan. All possible ingress and egress
routes must be identified.
(e)
A periodic training and exercise program to keep
personnel and occupants aware of their duties and responsibilities.
Training drills should be held at least once a year and should be
coordinated with community officials.
(f)
The design and construction standards and specifications contained
in the 2009 International Building Code (IBC) and in the 2009 International
Residential Code (IRC) or the latest revision thereof as adopted by
the Commonwealth of Pennsylvania, and ASCE 24 and 34 Pa. Code (Chapters
401 to 405, as amended) shall be utilized, where they are more restrictive.
(3)
Space below the lowest floor.
(a)
Basements are prohibited.
(b)
Fully enclosed space below the lowest floor (excluding basements)
which will be used solely for the parking of a vehicle, building access,
or incidental storage in an area other than a basement, shall be designed
and constructed to allow for the automatic entry and exit of floodwaters
for the purpose of equalizing hydrostatic forces on exterior walls.
The term "fully enclosed space" also includes crawl spaces.
(c)
Designs for meeting this requirement must either be certified
by a registered professional engineer or architect, or meet or exceed
the following minimum criteria:
1.
A minimum of two openings having a net total area of not less
than one square inch for every square foot of enclosed space installed
on two separate walls.
2.
The bottom of all openings shall be no higher than one foot
above grade.
3.
Openings may be equipped with screens, louvers, or other coverings
or devices provided that they permit the automatic entry and exit
of floodwaters.
(4)
Historic structures. Historic structures undergoing repair or
rehabilitation that would constitute a substantial improvement as
defined in this section must comply with all section requirements
that do not preclude the structure's continued designation as an historic
structure. Documentation that a specific section requirement will
cause removal of the structure from the National Register of Historic
Places or the State Inventory of Historic Places must be obtained
from the Secretary of the Interior or the State Historic Preservation
Officer. Any exemption from section requirements will be the minimum
necessary to preserve the historic character and design of the structure.
c.
Design and construction standards. The following minimum standards
shall apply for all construction and development proposed within any
identified floodplain area:
(1)
Fill. Within any identified floodplain area, the use of fill
shall be prohibited. If a variance is obtained in accordance with
the criteria in § 510.8, then the following provisions apply:
(a)
If fill is used, it shall:
1.
Extend laterally at least 15 feet beyond the building line from
all points;
2.
Consist of soil or small rock materials only; sanitary landfills
shall not be permitted;
3.
Be compacted to provide the necessary permeability and resistance
to erosion, scouring, or settling;
4.
Be no steeper than one vertical to two horizontal feet unless
substantiated data justifying steeper slopes are submitted to, and
approved by the Floodplain Administrator; and
5.
Be used to the extent to which it does not adversely affect
adjacent properties.
(2)
Drainage facilities. Storm drainage facilities shall be designed
to convey the flow of stormwater runoff in a safe and efficient manner.
The system shall ensure proper drainage along streets, and provide
positive drainage away from buildings. The system shall also be designed
to prevent the discharge of excess runoff onto adjacent properties.
(3)
Water and sanitary sewer facilities and systems.
(a)
All new or replacement water supply and sanitary sewer facilities
and systems shall be located, designed and constructed to minimize
or eliminate flood damages and the infiltration of floodwaters.
(b)
Sanitary sewer facilities and systems shall be designed to prevent
the discharge of untreated sewage into floodwaters.
(c)
No part of any on-site waste disposal system shall be located
within any identified floodplain area except in strict compliance
with all state and local regulations for such systems. If any such
system is permitted, it shall be located so as to avoid impairment
to it, or contamination from it, during a flood.
(d)
The design and construction provisions of the UCC and FEMA No.
348, "Protecting Building Utilities From Flood Damages," and "the
International Private Sewage Disposal Code" shall be utilized.
(4)
Other utilities. All other utilities such as gas lines, electrical
and telephone systems shall be located, elevated (where possible)
and constructed to minimize the chance of impairment during a flood.
(5)
Streets. The finished elevation of all new streets shall be
no more than one foot below the regulatory flood elevation.
(6)
Storage. All materials that are buoyant, flammable, explosive,
or in times of flooding could be injurious to human, animal, or plant
life, and not listed in § 510.5d, Development which may
endanger human life, shall be stored at or above the regulatory flood
elevation or floodproofed to the maximum extent possible.
(7)
Placement of buildings and structures. All buildings and structures
shall be designed, located, and constructed so as to offer the minimum
obstruction to the flow of water and shall be designed to have a minimum
effect upon the flow and height of floodwater.
(8)
Anchoring.
(a)
All buildings and structures shall be firmly anchored in accordance
with accepted engineering practices to prevent flotation, collapse,
or lateral movement.
(b)
All air ducts, large pipes, storage tanks, and other similar
objects or components located below the regulatory flood elevation
shall be securely anchored or affixed to prevent flotation.
(9)
Floors, walls and ceilings.
(a)
Wood flooring used at or below the regulatory flood elevation
shall be installed to accommodate a lateral expansion of the flooring,
perpendicular to the flooring grain without causing structural damage
to the building.
(b)
Plywood used at or below the regulatory flood elevation shall
be of a marine or water-resistant variety.
(c)
Walls and ceilings at or below the regulatory flood elevation
shall be designed and constructed of materials that are water-resistant
and will withstand inundation.
(d)
Windows, doors, and other components at or below the regulatory
flood elevation shall be made of metal or other water-resistant material.
(10)
Paints and adhesives.
(a)
Paints and other finishes used at or below the regulatory flood
elevation shall be of marine or water-resistant quality.
(b)
Adhesives used at or below the regulatory flood elevation shall
be of a marine or water-resistant variety.
(c)
All wooden components (doors, trim, cabinets, etc.) used at
or below the regulatory flood elevation shall be finished with a marine
or water-resistant paint or other finishing material.
(12)
Equipment.
(a)
Water heaters, furnaces, air-conditioning and ventilating units,
and other electrical, mechanical or utility equipment or apparatus
shall not be located below the regulatory flood elevation and shall
be anchored to resist flotation, collapse, and lateral movement.
(b)
Ductwork shall be elevated to or above the regulatory flood
elevation or floodproofed to remain water resistant.
(13)
Fuel supply systems. All gas and oil supply systems shall be
designed to prevent the infiltration of floodwaters into the system
and discharges from the system into floodwaters. Additional provisions
shall be made for the drainage of these systems in the event that
floodwater infiltration occurs.
(14)
Uniform Construction Code coordination. The standards and specifications
contained in 34 Pa. Code (Chapters 401 to 405, as amended) and not
limited to the following provisions shall apply to the above and other
sections and subsections of this section, to the extent that they
are more restrictive and supplement the requirements of this section.
(a)
International Building Code (IBC) 2009 or the latest revision
thereof as adopted by the Commonwealth of Pennsylvania: Secs. 801,
1202, 1403, 1603, 1605, 1612, 3402, and Appendix G.
(b)
International Residential Building Code (IRC) 2009 or the latest
revision thereof as adopted by the Commonwealth of Pennsylvania: Secs.
R104, R105, R109, R322, Appendix E, and Appendix J.
d.
Development which may endanger human life. Within any identified
floodplain area, any structure of the kind described in Subsection
A., below, shall be prohibited. If a variance is obtained in accordance
with the criteria in Article VIII, then the following provisions apply:
(5.04 B, C, & D)
(1)
In accordance with the Pennsylvania Flood Plain Management Act,[6] and the regulations adopted by the Department of Community
and Economic Development as required by the Act, any new or substantially
improved structure which: will be used for the production or storage
of any of the following dangerous materials or substances; or will
be used for any activity requiring the maintenance of a supply of
more than 550 gallons, or other comparable volume, of any of the following
dangerous materials or substances on the premises; or will involve
the production, storage, or use of any amount of radioactive substances;
shall be subject to the provisions of this section, in addition to
all other applicable provisions. The following list of materials and
substances are considered dangerous to human life:
|
Acetone
| |
|
Ammonia
| |
|
Benzene
| |
|
Calcium carbide
| |
|
Carbon disulfide
| |
|
Celluloid
| |
|
Chlorine
| |
|
Hydrochloric acid
| |
|
Hydrocyanic acid
| |
|
Magnesium
| |
|
Nitric acid and oxides of nitrogen
| |
|
Petroleum products (gasoline, fuel oil, etc.)
| |
|
Phosphorus
| |
|
Potassium
| |
|
Sodium
| |
|
Sulphur and sulphur products
| |
|
Pesticides (including insecticides, fungicides, and rodenticides)
| |
|
Radioactive substances, insofar as such substances are not otherwise
regulated
|
[6]
Editor's Note: See 32 P.S. § 679.101 et seq.
(2)
Within any identified floodplain area, any new or substantially
improved structure of the kind described in Subsection (1), above,
shall be prohibited within the area measured 50 feet landward from
the top-of-bank of any watercourse.
(3)
Within any Floodway Area, any structure of the kind described
in Subsection (1), above, shall be prohibited. Where permitted within
any identified floodplain area, any new or substantially improved
residential structure of the kind described in § 510.5d(1),
above, shall be elevated to remain completely dry up to at least 1 1/2
feet above base flood elevation and built in accordance with § 510.5a,
b and c.
(4)
Where permitted within any identified floodplain area, any new
or substantially improved nonresidential structure of the kind described
in § 510.5d(1), above, shall be built in accordance with § 510.5a,
b and c, including:
(a)
Elevated, or designed and constructed to remain completely dry
up to at least 1 1/2 feet above base flood elevation; and
(b)
Designed to prevent pollution from the structure or activity
during the course of a base flood.
(c)
Any such structure, or part thereof, that will be built below
the regulatory flood elevation shall be designed and constructed in
accordance with the standards for completely dry floodproofing contained
in the publication "Flood-Proofing Regulations (U.S. Army Corps of
Engineers, June 1972 as amended March 1992), or with some other equivalent
watertight standard.
(5)
All materials that are buoyant, flammable, explosive, or, in
time of flooding, could be injurious to human, animal or plant life,
and not listed in § 510.5d(1), above, shall be stored at
or above the regulatory flood elevation and/or be floodproofed to
the maximum extent possible.
e.
Special requirements for subdivisions and development. All subdivision
proposals and development proposals containing at least 50 lots or
at least five acres, whichever is the lesser, in identified floodplain
areas where base flood elevation data are not available, shall be
supported by hydrologic and hydraulic engineering analyses that determine
base flood elevations and floodway information. The analyses shall
be prepared by a licensed professional engineer in a format required
by FEMA for a conditional letter of map revision (CLOMR) and letter
of map revision (LOMR). Submittal requirements and processing fees
shall be the responsibility of the applicant.
f.
Special requirements for recreational vehicles. Within any identified
floodplain area recreational vehicles shall be prohibited. If a variance
is obtained in accordance with the criteria in § 510.8,
then the following provisions apply:
510.6
Prohibited
activities.
a.
General. In accordance with the administrative regulations promulgated
by the Department of Community and Economic Development to implement
the Pennsylvania Flood Plain Management Act,[7] the following activities shall be prohibited within any
identified floodplain area. No variance shall be granted:
(1)
The commencement of any of the following activities; or the
construction, enlargement, or expansion of any structure used, or
intended to be used, for any of the following activities:
(a)
Hospitals.
(b)
Nursing homes.
(c)
Jails or prisons.
(d)
The commencement of, or any construction of, a new manufactured
home, new manufactured home park or manufactured home subdivision,
or substantial improvement to an existing manufactured home or manufactured
home park or manufactured home subdivision.
(e)
Cemeteries.
(f)
Sanitary landfills, dumps, and junkyards.
[7]
Editor's Note: See 32 P.S. § 679.101 et seq.
510.7
Existing
structures in identified floodplain areas.
a.
Existing structures. The provisions of this section do not require
any changes or improvements to be made to lawfully existing structures.
However, when an improvement is made to any existing structure, the
provisions of § 510.7b shall apply.
b.
Improvements. The following provisions shall apply whenever any improvement
is made to an existing structure located within any identified floodplain
area:
(1)
No expansion or enlargement of an existing structure shall be
allowed within any identified floodplain area that would cause any
increase in BFE. In A Area/District(s), BFEs are determined using
the methodology in § 510.4b(3).
(2)
Any modification, alteration, reconstruction, or improvement
of any kind to an existing structure to an extent or amount of 50%
or more of its market value shall constitute a substantial improvement
and shall be undertaken only in full compliance with the provisions
of this section.
(3)
The above activity shall also address the requirements of the
34 Pa. Code, as amended, and the 2009 IBC and the 2009 IRC or most
recent revision thereof as adopted by the Commonwealth of Pennsylvania.
(4)
Within any Floodway Area/District (See § 510.4b(1)),
no new construction or development shall be allowed, unless the appropriate
permit is obtained from the Department of Environmental Protection
Regional Office.
(5)
Within any AE Area/District without Floodway (See § 510.4b(2)),
no new construction or development shall be located within the area
measured 50 feet landward from the top-of-bank of any watercourse,
unless the appropriate permit is obtained from the Department of Environmental
Protection Regional Office.
(6)
Any modification, alteration, reconstruction, or improvement
of any kind to an existing structure, to an extent or amount of less
than 50% of its market value, shall be elevated and/or floodproofed
to the greatest extent possible.
(7)
Any modification, alteration, reconstruction, or improvement
of any kind that meets the definition of "cumulative substantial damage"
shall be undertaken only in full compliance with the provisions of
this section.
510.8
Variances.
a.
General. If compliance with any of the requirements of this section
would result in an exceptional hardship to a prospective builder,
developer or landowner, the Township of Uwchlan Zoning Hearing Board
may, upon request, grant relief from the strict application of the
requirements.
b.
Variance procedures and conditions. Requests for variances shall
be considered by the Township of Uwchlan Zoning Hearing Board in accordance
with the procedures contained in § 510.3; and the following:
(1)
No variance shall be granted within any identified floodplain
area that would cause any increase in BFE. In A Area/District, BFEs
are determined using the methodology in § 510.4b(3).
(2)
Except for a possible modification of the regulatory flood elevation
requirement involved, no variance shall be granted for any of the
other requirements pertaining specifically to development regulated
by Development Which May Endanger Human Life (§ 510.5d).
(3)
No variance shall be granted for prohibited activities (§ 510.6).
(4)
If granted, a variance shall involve only the least modification
necessary to provide relief.
(5)
In granting any variance, the Township of Uwchlan Zoning Hearing
Board shall attach whatever reasonable conditions and safeguards it
considers necessary in order to protect the public health, safety,
and welfare, and to achieve the objectives of this section.
(7)
In reviewing any request for a variance, the Township of Uwchlan
Zoning Hearing Board shall consider, at a minimum, the following:
(8)
A complete record of all variance requests and related actions
shall be maintained by the Township of Uwchlan Zoning Hearing Board.
In addition, a report of all variances granted during the year shall
be included in the annual report to the FEMA.
(9)
Notwithstanding any of the above, however, all structures shall
be designed and constructed so as to have the capability of resisting
the one-percent-annual-chance flood.
510.9
Definitions.
a.
General. Unless specifically defined below, words and phrases used
in this section shall be interpreted so as to give this section its
most reasonable application.
b.
ACCESSORY USE OR STRUCTURE
BASE FLOOD
BASE FLOOD DISCHARGE
BASE FLOOD ELEVATION (BFE)
BASEMENT
BUILDING
CUMULATIVE SUBSTANTIAL DAMAGE
DECLARATION OF LAND RESTRICTION (NONCONVERSION AGREEMENT)
DEVELOPMENT
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
FLOOD
FLOOD INSURANCE RATE MAP (FIRM)
FLOOD INSURANCE STUDY (FIS)
FLOODPLAIN AREA
FLOODPROOFING
FLOODWAY
HIGHEST ADJACENT GRADE
HISTORIC STRUCTURES
(1)
(2)
(3)
(4)
IDENTIFIED FLOODPLAIN AREA
LOWEST FLOOR
MANUFACTURED HOME
MANUFACTURED HOME PARK OR SUBDIVISION
NEW CONSTRUCTION
NEW MANUFACTURED HOME PARK OR SUBDIVISION
PERSON
POST-FIRM STRUCTURE
PRE-FIRM STRUCTURE
RECREATIONAL VEHICLE
(1)
(2)
(3)
(4)
REGULATORY FLOOD ELEVATION
SPECIAL FLOOD HAZARD AREA (SFHA)
START OF CONSTRUCTION
STRUCTURE
SUBDIVISION
SUBSTANTIAL DAMAGE
SUBSTANTIAL IMPROVEMENT
UNIFORM CONSTRUCTION CODE (UCC)
VARIANCE
VIOLATION
Specific definitions. As used in this section, the following terms
shall have the meanings indicated:
A use or structure on the same lot with, and of a nature
customarily incidental and subordinate to, the principal use or structure.
A flood which has a one-percent chance of being equaled or
exceeded in any given year (also called the "one-hundred-year flood"
or "one-percent-annual-chance flood").
The volume of water resulting from a base flood as it passes
a given location within a given time, usually expressed in cubic feet
per second (cfs).
The elevation shown on the Flood Insurance Rate Map (FIRM)
for Zones AE, AH, A1-30 that indicates the water surface elevation
resulting from a flood that has a one-percent-or-greater chance of
being equaled or exceeded in any given year.
Any area of the building having its floor below ground level
on all sides.
A combination of materials to form a permanent structure
having walls and a roof. Included shall be all manufactured homes
and trailers to be used for human habitation.
Flood-related damages sustained by a structure on two or
more separate occasions during a ten-year period for which the cost
of repairs at the time of each such flood event, on average, equals
or exceeds 25% of the market value of the structure before the damages
occurred.
A form signed by the property owner to agree not to convert
or modify in any manner that is inconsistent with the terms of the
permit and these regulations, certain enclosures below the lowest
floor of elevated buildings and certain accessory structures. The
form requires the owner to record it on the property deed to inform
future owners of the restrictions.
Any man-made change to improved or unimproved real estate,
including but not limited to the construction, reconstruction, renovation,
repair, expansion, or alteration of buildings or other structures;
the placement of manufactured homes; streets, and other paving; utilities;
filling, grading and excavation; mining; dredging; drilling operations;
storage of equipment or materials; and the subdivision of land.
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including, at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) is completed before the effective date of
the floodplain management regulations adopted by a community.
The preparation of additional sites by the construction of
facilities for servicing the lots on which the manufactured homes
are to be affixed (including the installation of utilities, the construction
of streets, and either final site grading or the pouring of concrete
pads).
A temporary inundation of normally dry land areas.
The official map on which the Federal Emergency Management
Agency has delineated both the areas of special flood hazards and
the risk premium zones applicable to the community.
The official report provided by the Federal Emergency Management
Agency that includes flood profiles, the Flood Insurance Rate Map,
the Flood Boundary and Floodway Map, and the water surface elevation
of the base flood.
A relatively flat or low land area which is subject to partial
or complete inundation from an adjoining or nearby stream, river or
watercourse; and/or any area subject to the unusual and rapid accumulation
of surface waters from any source.
Any combination of structural and nonstructural additions,
changes, or adjustments to structures which reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than
one foot.
The highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure.
Any structure that is:
Listed individually in the National Register of Historic Places
(a listing maintained by the Department of the Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements
for individual listing on the National Register;
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district;
Individually listed on a state inventory of historic places
in states which have been approved by the Secretary of the Interior;
or
Individually listed on a local inventory of historic places
in communities with historic preservation that have been certified
either:
This term is an umbrella term that includes all of the areas
within which the community has selected to enforce floodplain regulations.
It will always include the area identified as the special flood hazard
area on the Flood Insurance Rate Maps and Flood Insurance Study, but
may include additional areas identified by the community. See §§ 510.4a
and b for the specifics on what areas the community has included in
the identified floodplain area.
The lowest floor of the lowest fully enclosed area (including
basement). An unfinished, flood-resistant partially enclosed area,
used solely for parking of vehicles, building access, and incidental
storage, in an area other than a basement area is not considered the
lowest floor of a building, provided that such space is not designed
and built so that the structure is in violation of the applicable
nonelevation design requirements of this section.
A structure, transportable in one or more sections, which
is built on a permanent chassis, and is designed for use with or without
a permanent foundation when attached to the required utilities. The
term includes park trailers, travel trailers, recreational and other
similar vehicles which are placed on a site for more than 180 consecutive
days.
A parcel (or contiguous parcels) of land divided into two
or more manufactured home lots for rent or sale.
Structures for which the start of construction commenced
on or after the effective start date of this floodplain management
ordinance and includes any subsequent improvements to such structures.
Any construction started after September 30, 1980, and before the
effective start date of this floodplain management ordinance is subject
to the ordinance in effect at the time the permit was issued, provided
the start of construction was within 180 days of permit issuance.
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including, at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) is completed on or after the effective date
of floodplain management regulations adopted by a community.
An individual, partnership, public or private association
or corporation, firm, trust, estate, municipality, governmental unit,
public utility or any other legal entity whatsoever, which is recognized
by law as the subject of rights and duties.
A structure for which construction or substantial improvement
occurred after December 31, 1974, or on or after the community's initial
Flood Insurance Rate Map (FIRM) dated September 30, 1980, whichever
is later, and, as such, would be required to be compliant with the
regulations of the National Flood Insurance Program.
A structure for which construction or substantial improvement
occurred on or before December 31, 1974, or before the community's
initial Flood Insurance Rate Map (FIRM) dated September 30, 1980,
whichever is later, and, as such, would not be required to be compliant
with the regulations of the National Flood Insurance Program.
A vehicle which is:
Built on a single chassis;
Not more than 400 square feet, measured at the largest horizontal
projections;
Designed to be self-propelled or permanently towable by a light-duty
truck;
Not designed for use as a permanent dwelling but as temporary
living quarters for recreational, camping, travel, or seasonal use.
The base flood elevation (BFE) or estimated flood height
as determined using simplified methods plus a freeboard safety factor
of 1 1/2 feet. The freeboard safety factor also applies to utilities
and ductwork.
An area in the floodplain subject to a one-percent-or-greater
chance of flooding in any given year. It is shown on the FIRM as Zone
A, AO, A1-A30, AE, A99 or AH.
Includes substantial improvement and other proposed new development
and means the date the permit was issued, provided the actual start
of construction, repair, reconstruction, rehabilitation, addition,
placement, or other improvement was within 180 days after the date
of the permit and shall be completed within 12 months after the date
of issuance of the permit unless a time extension is granted, in writing,
by the Floodplain Administrator. The actual start means either the
first placement of permanent construction of a structure on a site,
such as the pouring of slab or footings, the installation of piles,
the construction of columns, or any work beyond the stage of excavation;
or the placement of a manufactured home on a foundation. Permanent
construction does not include land preparation, such as clearing,
grading, and filling; nor does it include the installation of streets
and walkways; nor does it include excavation for a basement, footings,
piers, or foundations or the erection of temporary forms; nor does
it include the installation on the property of accessory buildings,
such as garages or sheds not occupied as dwelling units or not part
of the main structure. For a substantial improvement, the actual start
of construction means the first alteration of any wall, ceiling, floor,
or other structural part of a building, whether or not that alteration
affects the external dimensions of the building.
A walled and roofed building, including a gas or liquid storage
tank that is principally aboveground, as well as a manufactured home.
The division or redivision of a lot, tract, or parcel of
land by any means into two or more lots, tracts, parcels or other
divisions of land including changes in existing lot lines for the
purpose, whether immediate or future, of lease, partition by the court
for distribution to heirs, or devisees, transfer of ownership or building
or lot development; provided, however, that the subdivision by lease
of land for agricultural purposes into parcels of more than 10 acres,
not involving any new street or easement of access or any residential
dwelling, shall be exempted.
Damage from any cause sustained by a structure whereby the
cost of restoring the structure to its before-damaged condition would
equal or exceed 50% or more of the market value of the structure before
the damage occurred.
Any reconstruction, rehabilitation, addition, or other improvement
of a structure, of which the cost equals or exceeds 50% of the market
value of the structure before the start of construction of the improvement.
This term includes structures which have incurred substantial damage
or cumulative substantial damage regardless of the actual repair work
performed. The term does not, however, include any project for improvement
of a structure to correct existing violations of state or local health,
sanitary, or safety code specifications which have been identified
by the local code enforcement official and which are the minimum necessary
to assure safe living conditions.
The statewide building code adopted by the Pennsylvania General
Assembly in 1999 applicable to new construction in all municipalities
whether administered by the municipality, a third party or the Department
of Labor and Industry. Applicable to residential and commercial buildings,
the Code adopted the International Residential Code (IRC) and the
International Building Code (IBC), by reference, as the construction
standard applicable with the state floodplain construction. For coordination
purposes, references to the above are made specifically to various
sections of the IRC and the IBC.
A grant of relief by a community from the terms of a floodplain
management regulation.
The failure of a structure or other development to be fully
compliant with the community's floodplain management regulations.
A structure or other development without the elevation certificate,
other certifications, or other evidence of compliance required in
44 CFR 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5)
is presumed to be in violation until such time as that documentation
is provided.
510.10
Severability; enactment.
a.
Severability; enactment.
(1)
In the event any provision, section, sentence, clause, or part
of this section shall be held to be invalid, illegal, or unconstitutional
by a court of competent jurisdiction, such invalidity, illegality,
or unconstitutionality shall not affect or impair the remaining provisions,
sections, sentences, clauses, or parts of this section, it being the
intent of the Board of Supervisors that the remainder of the Ordinance
shall remain in full force and effect.
(2)
This section shall be effective five days from the date of enactment
and shall remain in force until modified, amended or rescinded by
Township of Uwchlan, Chester County, Pennsylvania.
