[Ord. No. 196-2018, 9/12/2018]
This Part establishes supplemental standards and regulations
for certain uses that require special design and other considerations
to achieve compatibility with the general character of other uses
permitted in a zoning district, and to promote, protect, and facilitate
the public health, safety, and general welfare of Honey Brook Township.
These standards and regulations shall apply to all zoning districts
in which the particular use being regulated is permitted. It is the
intent of the Township that, where these particular uses are permitted,
they comply strictly with the standards and regulations in this Part
that have been created to address their particular impacts and characteristics.
The provisions for this Part shall be in addition to applicable zoning
district regulations, any other applicable section of this or other
chapters of the Honey Brook Township Code, and any conditions of approval
as part of any decision by the Zoning Hearing Board in the case of
a variance or special exception, or Board of Supervisors in the case
of a conditional use or land development approval, as determined for
the following uses by the zoning district in which the particular
use is permitted.
[Ord. No. 196-2018, 9/12/2018]
A.
General Regulations.
(1)
Accessory dwelling units shall only be permitted on properties
containing a gross lot area of at least two acres, or more as required
elsewhere in this Section.
(2)
A maximum of one accessory dwelling unit (whether freestanding
or attached) is permitted per property, except as otherwise provided
herein.
(3)
All accessory dwelling units shall have a minimum habitable
floor area of 400 square feet.
(4)
Approval from the Chester County Health Department shall be
required for the sewer and water systems to be used at the premises;
such approval shall occur prior to issuance of any building permit.
(5)
Sketch plans and building plans for any accessory dwelling unit(s)
shall be submitted to the Zoning Officer as part of a building permit
application.
(6)
Accessory dwelling units shall only be established where adequate
parking for at least two cars per dwelling unit on the property is
to be provided.
(7)
A sketch plan shall show ingress and egress to existing and
proposed buildings, compliance with applicable area and bulk regulations
(including impervious coverage), and compliance with parking requirements.
(8)
If required for safety reasons, fire escapes and/or outside
stairways shall be located to the side or rear of the dwelling.
B.
Additional Regulations for Freestanding Accessory Dwelling Units:
(1)
Except for on properties that have been permanently preserved
with a conservation easement or similar deed restriction, a freestanding
accessory dwelling unit shall only be permitted where it is able to
be located such that the property could be subdivided into two conforming
lots, each containing one dwelling unit, with each dwelling unit meeting
all area and bulk regulations for single-family detached dwellings
in its zoning district.
(2)
On properties which have been permanently preserved with a conservation
easement or similar deed restriction, a second freestanding accessory
dwelling unit may be permitted by special exception on tracts of 20
acres or greater. In such case, the tract is not to be reduced below
the minimum 20 acres containing the principal and accessory dwelling
units. The applicant for a second freestanding accessory dwelling
unit shall enter into and record an agreement (such as a deed restriction)
acceptable to the Township Solicitor to demonstrate compliance with
the requirements in this paragraph.
(3)
After construction of any freestanding accessory dwelling unit
on a property, the property shall not be subdivided in any manner
that would cause the principal dwelling or any freestanding accessory
dwelling unit to become nonconforming as to the area and bulk regulations.
(4)
A freestanding accessory dwelling unit shall not have a habitable
floor area greater than the habitable floor area of the principal
dwelling.
C.
Additional Regulations for Attached Accessory Dwelling Units:
(1)
Where an existing principal single-family dwelling or accessory
structure is to be expanded to accommodate the accessory dwelling
unit, the expanded structure shall comply with, or violate no further
than any existing nonconformity, all area and bulk regulations applicable
to a single-family detached dwelling in the zoning district where
it is located.
(2)
Expansions of no greater than 20% of the gross floor area of
the existing dwelling or accessory structure shall be permitted in
conjunction with the creation of an attached accessory dwelling unit
in order to facilitate more logical design or layout or as may be
needed for enclosed stairwells or to meet Township and state safety
codes.
(3)
When expanding or converting a principal single-family dwelling,
the accessory dwelling unit shall be attached to the principal dwelling
unit by a common wall(s) which encloses habitable space and gives
the appearance of a single dwelling unit from the exterior view; alternatively,
the accessory dwelling unit shall be wholly contained within the principal
dwelling unit.
(4)
The habitable floor area in use for the attached accessory dwelling
unit shall not exceed 50% of the total habitable floor area of the
principal dwelling.
(5)
Entrances to the accessory dwelling unit shall be located to
the rear or side of the building.
[Ord. No. 196-2018, 9/12/2018]
A.
General.
(1)
In all zoning districts except the A — Agricultural District,
when an existing or proposed dwelling is located within 100 feet of
the street right-of-way line, no accessory building other than a detached
private garage or a structure for the display and sale of farm and/or
nursery products shall be permitted between the minimum front building
setback line and the front wall of the dwelling, provided that no
part of the detached private garage may be located directly between
any part of the dwelling and the minimum front building setback line.
(2)
Accessory uses, buildings, and structures must always be incidental
and subordinate to the principle use, and located on the same tract
or lot as the principle use, except as provided in Subsection A(3)
below.
(3)
Agricultural accessory buildings may be located on a parcel
separate from that containing the principle agricultural use, provided
both parcels are in common ownership.
(4)
Except where greater setbacks for a specific use or structure
are provided elsewhere in this Part, the minimum yard requirements
for accessory uses, buildings, and structures shall be five feet from
side and rear lot lines.
[Amended by Ord. No. 197-2019, 7/10/2019]
B.
Agricultural Accessory Buildings.
(1)
These types of accessory buildings shall be permitted in any
zoning district provided the following requirements are met:
C.
Nonagricultural Accessory Uses, Buildings, and Structures.
(1)
Nonagricultural accessory uses, buildings, and structures shall
include, but not necessarily be limited to, garages and parking areas
for passenger automobiles including noncommercial trucks and vans,
shelters for household pets, bathhouses, gazebos, decks, patios, and
noncommercial greenhouses, and shall be permitted in any zoning district
provided the following requirements are met:
(a)
Maximum Size: The total building footprint of accessory buildings,
excluding accessory storage sheds meeting the requirements of Subsection
D, singularly or in aggregate, shall not exceed the total building
footprint of the principal building.
(b)
Maximum Height. The maximum height of an accessory building
shall not exceed the height of the principal building or 20 feet,
whichever standard is least restrictive.
(c)
Setback Requirements. Except where expressly regulated in Subsection
D and O, nonagricultural accessory buildings must comply with required
yard setbacks for the respective zoning district.
D.
Accessory Storage Sheds.
(1)
The following regulations shall apply to accessory storage sheds,
provided the shed does not exceed 300 square feet in building area
and does not exceed a maximum height of 15 feet.
(a)
No accessory storage shed shall be located between the street
right-of-way line and a parallel line at the front of the principal
building.
(b)
No accessory storage shed shall be within 10 feet of the side
or rear property line.
(c)
No more than two accessory sheds shall be permitted on any lot.
In addition, the aggregate square footage of sheds on a lot shall
not exceed 600 square feet.
E.
Noncommercial Swimming Pool/Hot Tub.
(1)
The following standards and regulations shall apply to noncommercial
swimming pools and hot tubs:
(a)
Noncommercial swimming pool, including both above-ground and
in-ground pools, designed with a depth of two feet or more shall be
for use of residents and their guests and shall not be operated commercially
as to charge a fee for its use.
(b)
A permit shall be required to locate, construct or maintain
a noncommercial swimming pool.
(c)
Swimming pools and buildings related to the pool may be located
in the rear or side yard of the lot and shall be no closer than 10
feet to any rear or side lot line. Any paved areas or decks related
to the pool shall be no closer than five feet to a lot line.
[Amended by Ord. No. 197-2019, 7/10/2019]
(d)
Outdoor lighting, if any, shall be shielded and/or reflected
away from adjacent properties so that the lighting is neither directed
nor reflected upon adjacent properties.
(e)
Noncommercial swimming pools shall be completely enclosed by
a permanent fence of durable material at least four feet in height
which shall be maintained in a good, safe condition. The fence shall
be erected prior to the filling of the swimming pool and shall have
self-closing and self-latching access gates which shall open away
from the pool and where the release mechanism is located on the pool
side of the gate. The fence and access gates shall be constructed
so as not to have opening exceed four square inches in any direction,
except in the case of a picket fence where the horizontal dimension
shall not exceed four inches. This fencing provision shall not apply
to a swimming pool four feet or more above grade when equipped with
removable steps or ladders, provided that said steps or ladders shall
be removed when the pool is not in use.
(f)
At the time of application for a building permit, it shall be
demonstrated that the pool contains a filtration system, and that
drainage of the pool is adequate and will not interfere with the water
supply system, with existing sewage facilities, with public streets,
and shall not drain into the neighboring property.
(g)
Freestanding independent hot tubs and those associated with
a noncommercial swimming pool shall be covered and latched when not
in use.
F.
Portable Toilets.
(1)
The following standards and regulations shall apply to portable
toilets, as defined by this Chapter:
(a)
Where portable toilets are permitted in conjunction with construction
sites, temporary recreational or other special event activities, or
temporary seasonal facilities; removal shall occur upon completion
of the use or activity to which they are accessory.
(b)
Any temporary portable toilet shall be in compliance with 25
Pa. Code § 73.64 of the regulations of the Pennsylvania
Department of Environmental Protection.
(c)
No portable toilet shall be located less than 30 feet from any
lot line.
(d)
Where a portable toilet is to be used for six months or more
during any calendar year, it shall be visually screened, to the satisfaction
of the Township, from any adjacent property through use of vegetative
and/or architectural materials.
(e)
Any portable toilet shall be routinely serviced and cleaned
with a frequency based on the need for same as generated by the intensity
of use of the facility.
G.
Tennis Courts.
(1)
The following standards and regulations shall apply to tennis
courts, as defined by this Chapter:
(a)
When a tennis court is located within 100 feet of a street,
driveway or abutting property line, a permanent open mesh fence 10
feet in height shall be provided behind each baseline. This fence
shall be parallel to the baseline and at least 10 feet beyond the
playing surface unless the entire court is enclosed.
(b)
Lighting fixtures, if provided, shall be directed and shielded,
in a manner deemed acceptable by the Township, to prevent unnecessary
light spillage or glare on abutting properties or streets.
(c)
Tennis court fencing shall be no closer than 10 feet from any
lot line.
H.
Noncommercial antennas and towers.
(1)
The following standards shall apply to noncommercial antennas
and towers (as defined herein) including satellite dish antennas,
which shall be permitted by right as accessory structures. All other
antennas and towers are wireless communication facilities and are
regulated accordingly elsewhere in this Chapter.
(a)
On residential properties, satellite dish antennae shall be
used only for receiving video, audio, and digital format data in a
noncommercial manner.
(b)
On residential properties, satellite dish antennae shall not
exceed two feet in diameter.
(c)
On nonresidential properties, not more than one satellite dish
antenna with a diameter exceeding two feet shall be located within
the required front yard.
(d)
The maximum height of any noncommercial antennas and towers
shall be the maximum building height for principal structures in the
applicable zoning district, provided that no freestanding tower or
antenna shall be located any closer to a property line than the total
of its height. Such maximum height of noncommercial antennas and towers
may be increased to a maximum height of 65 feet or the equivalent
of the distance to the nearest property line, whichever is less, upon
the granting of a special exception by the Zoning Hearing Board. The
Zoning Hearing Board shall consider the following factors in deciding
upon a request for special exception:
[Amended by Ord. No. 197-2019, 7/10/2019]
[1]
Compatibility of the proposed facility with existing
and zoned uses in the general neighborhood with respect to safety,
visual impact, aesthetics, noise, and lighting.
[2]
Compliance of the proposed facility with all applicable
state and federal licensing and permit requirements, including assurances
that existing uses on surrounding properties will not be disrupted
or otherwise negatively impacted by the operation of the proposed
facility.
[3]
The relationship of the proposed site to other
similar facilities within the Township or the immediate region, and
the potential cumulative impacts that could result from a concentration
of such facilities of excessive height.
[4]
The ability of the applicant to screen effectively
the potentially negative visual, light, and noise impacts of the proposed
facility.
[5]
The structure shall be equipped with an appropriate
anti-climbing device, or otherwise made unclimbable, such as with
an enclosing fence, to prevent unauthorized access.
[6]
Such structures shall not be located within the
required front yard setback of any lot and shall not be located along
any street frontage (e.g., in a side yard abutting a street).
[7]
All such structures must be set back sufficiently
from any aboveground utility lines, radio, television, or telecommunications
towers so as to present no danger to those lines or structures, as
certified by the applicant's engineer.
[8]
No more than one noncommercial antenna or tower
shall be permitted per lot.
(e)
The height of a noncommercial antenna or tower shall be measured
as follows:
[1]
The height of the antenna and/or its support structure
unsupported by a separate foundation which is attached to a building
shall be measured from the average level of the finished grade along
the exterior of the building to which the antenna is attached to the
top of the highest point of the antenna.
[2]
The height of the antenna and/or its support structure
which has a separate foundation and is also attached to a building
(not on the roof) shall be measured from the ground level at the point
where the antenna is anchored to the ground to the top of the highest
point of the antenna.
[3]
The height of the antenna and/or its support structure
which has a separate foundation and is detached from any building
shall be measured from the average ground level of a circle with a
center where the antenna is anchored to the ground and extending a
radius of 10 feet to the top of the highest point of the antenna.
I.
Garage/Yard and Private Vehicle Sales.
(1)
Within any zoning district, an owner and/or occupant of any
dwelling may conduct no more than three garage/yard sales within a
twelve-month period subject to the following standards and regulations.
(a)
No garage or yard sale shall be conducted for a period longer
than two consecutive days; there shall be at least 30 days between
each occurrence.
(b)
Garage/yard sales may offer for sale only personal possessions.
No importing or stocking of inventory shall be permitted.
(c)
Signs for garage/yard sales shall be limited to a four-square-foot
sign advertising such sale. The sign must be located upon the premises
where the sale occurs and shall be removed promptly upon the completion
of the sale.
(d)
In no case shall any aspect of the garage/yard sale be conducted
within any street right-of-way. Additionally, vehicular parking at
any garage/yard sale shall not occur in a manner which obstructs or
hinders vehicles passing the garage/yard sale site.
(e)
Private vehicle sales shall include the sale of any vehicle
requiring licensing by the Commonwealth of Pennsylvania. No more than
one private vehicle may be displayed at any given time on a residential
lot and be offered for sale, and such vehicle offered for sale shall
be owned by a resident of the lot.
J.
Display and sale of farm and/or nursery products, as a use accessory
to the principal agricultural use of the property.
(1)
Within the A and RC Zoning Districts, the following standards
and regulations shall apply to the display and sale of farm and/or
nursery products:
(a)
Not less than 50% of all farm and/or nursery products sold shall
have been grown, raised, or harvested on the premises.
(b)
Where goods are displayed and sold from a permanent structure,
that structure shall be located not less than 100 feet from any lot
line and not less than 60 feet from any street right-of-way line.
(c)
Where goods are displayed and sold from a temporary structure,
such structure shall be located not less than 25 feet from any street
right-of-way line.
(d)
No temporary structure shall be larger than 200 square feet.
(e)
A mobile stand (e.g., farm wagon, pick-up truck) shall be located
outside the street right-of-way line.
(f)
Structures and required parking areas devoted to the display
and sale of farm and/or nursery products shall, in combination, occupy
not more than 4,000 square feet of lot area.
(g)
Any accessory use for the display and sale of farm and/or nursery
products shall provide two off-street parking spaces, regardless of
the size of the use, plus one space for every 200 square feet of temporary
or permanent display/sales space.
(h)
All parking spaces shall be located outside the street right-of-way.
(i)
Any refrigeration equipment, generators, or similar equipment
and associated power sources shall be soundproofed as necessary so
that the noise created by such equipment shall not be audible beyond
the lot line.
K.
Manure storage facilities, as a use accessory to an existing agricultural
operation.
(1)
Within the A and RC Zoning Districts, the following standards
and regulations shall apply to manure storage facilities:
(a)
Manure storage facilities shall not be used for commercial purposes.
(b)
The applicant shall provide the Zoning Officer with proof of
compliance with the applicable requirements for the location, construction,
and operation of a manure storage facility.
(c)
Any such facility shall be at least 100 feet from any lot line,
except where the need to be closer to a lot line is documented by
the applicant and the location is determined acceptable by the Chester
County Conservation District.
L.
Farm-Related School.
(1)
Within the A and RC Zoning Districts, the following standards
and regulations shall apply to farm-related schools:
(a)
A farm-related school, where permitted in one or more zoning
districts, shall be deemed a use that is accessory to the principal
agricultural use of the property.
(b)
To be eligible for a farm-related school, a property must contain
at least 20 acres and be actively involved in agriculture as defined
by this Chapter.
(c)
The site devoted to the farm-related school shall be limited
to not more than two acres within the boundary of the agricultural
property.
(d)
A suitable area for outdoor recreation shall be provided for
the school pupils. Parking areas and actively farmed fields shall
not be utilized for this area, and fencing shall be provided at all
locations where public safety is at issue.
(e)
It is not required that a child of the farm family residing
on the property on which the school is located be a student of the
school, but in no event shall the owners of the property earn a financial
profit from the school being on the property.
(f)
The population of the farm-related school shall not exceed 50
students.
(g)
The farm-related school shall be a day school only, and in no
case shall permit the boarding of pupils.
M.
Family Day-Care Facility. Where a family day-care facility is proposed as an accessory use, as defined by this Chapter, such facility shall comply with all applicable standards and regulations in § 27-1033.
N.
Tent Sale (also sidewalk sale).
(1)
The following standards and regulations shall apply to tent
sales as defined in this Chapter:
(a)
Tent sales, as an accessory use, shall be limited to the MUC —
Mixed Use Commercial and BI — Business Industrial Districts.
(b)
A tent sale shall be deemed a temporary use.
(c)
Tent sales may be held no more frequently than four times per
calendar year on any lot.
(d)
The maximum duration of any tent sale event shall be seven days.
(e)
Signs associated with a tent sale shall be in accordance with
the standards in Part 9, General Regulations.
(f)
A temporary use permit shall be applied for and obtained prior
to the conduct of any tent sale. Application fees for temporary use
permits shall be paid in accordance with a fee schedule adopted by
resolution of the Board of Supervisors.
O.
Keeping of Animals.
(1)
Except as otherwise noted, the following standards and regulations
shall apply to the keeping of animals on residential properties containing
no greater than 10 acres, with specific terms applying to the various
zoning districts as indicated herein. Animals, 12 months or less in
age, shall not be counted towards the maximum number of animals permitted
in order to allow sufficient time for weaning. However, these standards
shall not apply to animal shelters, animal hospitals, or veterinary
offices/clinics.
(a)
Dogs and cats, applicable in all zoning districts:
(b)
A maximum of five dogs and five cats is permitted without restriction.
Litters of puppies or kittens up to six months in age as domestic
animals are permitted, provided the following conditions are met:
[1]
The area within which a shelter and/or exercise
pen is maintained must be suitably enclosed and located in the rear
yard, at least 10 feet from any lot line and not closer than 50 feet
to the nearest dwelling other than that of the owner.
[2]
The area within which a shelter and/or exercise
pen is maintained shall be kept in suitable grass cover and shall
not be allowed to degrade to an erodible condition.
[3]
The owner of the animals shall exercise suitable
control over the animals and shall not allow a nuisance condition
to be created in terms of excessive noise, dirt, or odor.
(c)
Other small domestic animals, in the following zoning districts:
[1]
In the A and RC Districts, it is permitted to maintain
up to a total of 12 small domestic animals provided the following
conditions are met:
[a]
Small domestic animals shall include those animals
which can be kept outdoors in pens, but which also can be kept indoors,
and include animals such as rabbits, guinea pigs, domestic and exotic
birds, and chinchilla, and fowl such as chickens, turkeys, geese,
ducks, and pigeons.
[b]
When raised or kept outdoors, small domestic animals
shall be kept within the rear yard area.
[c]
Maintaining small domestic animals shall be on
a noncommercial basis and strictly as an incidental use.
[d]
The area within which a shelter and/or exercise
pen is maintained must be suitably enclosed and located in the rear
yard at least 10 feet from any lot line, and not closer than 50 feet
to the nearest dwelling other than that of the owner.
[e]
The area within which small domestic animals are
maintained shall be kept in a suitable grass cover and shall not be
allowed to degrade to an erodible condition.
[f]
The owner of the small domestic animals shall exercise
suitable control over the animals and shall not allow a nuisance condition
to be created in terms of excessive noise, dirt, or odor.
(2)
In the NR, MUR, MUC, and BI Districts, it is permitted to maintain
up to a total of 12 small domestic animals provided the following
conditions are met:
(a)
Small domestic animals shall include only those animals that
are kept exclusively indoors, such as rabbits, guinea pigs, and domestic
and exotic birds. Fowl such as chickens, turkeys, geese, ducks, and
pigeons shall not be permitted.
(b)
Maintaining small domestic animals shall be on a noncommercial
basis and strictly as an incidental use.
(c)
The owner of the small domestic animals shall exercise suitable
control over the animals and shall not allow a nuisance condition
to be created in terms of excessive noise, dirt, or odor.
(3)
Large domestic animals, applicable in all zoning districts.
(a)
For purposes of this subsection, large domestic animals shall
include animals of the bovine, equine, swine, and sheep families,
as well as llamas, emus, ostriches, deer, elk, wild boar, and the
like.
(b)
Horses may be kept on the following basis:
[1]
One horse per 1/2 acre up to and including two
acres of gross lot area, with the maximum number of horses not to
exceed four.
[2]
One horse per acre for any portion of the gross
lot area in excess of two acres.
[3]
Large domestic animals other than horses may be
kept on the basis of one animal per acre of gross lot area.
[4]
Lot area may be counted only once in calculating
the maximum number of animals permitted on a lot.
(c)
All large domestic animals shall be housed within a completely
enclosed structure that serves as a satisfactory animal shelter on
the lot.
(d)
The following standards and regulations shall apply to the keeping
of large domestic animals on any property in the Township, regardless
of size:
[1]
The area within which large domestic animals are kept shall be enclosed by a fence, designed for containment, which shall be located outside any street right-of-way. Any structure used for housing large animals shall be set back in accordance with the requirements of § 27-1703 of this Chapter.
[2]
The area within which large domestic animals are
maintained shall be kept in a suitable grass cover and shall not be
allowed to degrade to an erodible condition.
[3]
The owner of any large domestic animal shall exercise
suitable control over the animal and shall not allow a nuisance condition
to be created in terms of excessive noise, dirt, or odor. Where it
deems necessary, the Township may require the owner to present and
operate in accordance with a manure management plan prepared or approved
by the Chester County Conservation District.
P.
Commercial or Industrial Accessory Uses, Buildings, or Structures.
(1)
The following uses shall be permitted when incidental and subordinate
to an existing commercial or industrial use:
(a)
Off-street parking facilities in accordance with Part 9, General
Regulations.
(b)
Signage in accordance with Part 9, General Regulations.
(c)
Outdoor storage or display of materials in accordance with Part
9, General Regulations.
(d)
Fences or walls in accordance with Part 9, General Regulations.
(e)
Radio and television antenna, or microwave dish antenna, subject to § 27-1003H(1)(d) for accessory noncommercial facilities, and subject to the regulations for wireless communication facilities for all such facilities used for commercial purposes.
[Amended by Ord. No. 197-2019, 7/10/2019]
(f)
Flagpoles, subject to the height restrictions of the zoning
district in which it is located.
Q.
Temporary Structure, Building, or Use.
(1)
Temporary structures, building, or use shall be subject to the
following standards and regulations:
(a)
A temporary permit may be issued for structures or uses necessary
during construction or other special circumstances of a nonrecurring
nature, subject to the Township permitting process.
(b)
A temporary structure or use could include, but is not limited
to, offices for contractors, temporary residential uses, political
campaign headquarters, temporary structures for business operations
which have been displaced from the principal building due to damage,
or other similar uses.
(c)
The time period of the initial permit shall be three months.
The permit may be renewed for three months if the applicant can demonstrate
reasonable progress towards the completion of the project necessitating
the temporary structure, building, or use.
(d)
Such structure, building, or use shall be removed completely
within 10 days of the expiration of the permit without cost to the
Township.
R.
Accessory Residential Structures for Housing of Animals used as Principal
Means of Transportation.
(1)
In any zoning district, when the primary means of transportation
for the occupants of a dwelling is a vehicle drawn by a horse or horses,
a structure to house not more than four horses and the buggy, carriage
or other vehicle pulled by the horse or horses may be erected in accordance
with the following requirements:
(a)
The structure shall not be located within the front yard setback.
(b)
The structure shall have a side yard of not less than 20 feet
and a rear yard of not less than 20 feet.
(c)
Adequate provision shall be made for the proper disposal of
manure generated on the property.
(d)
If requested by the Township, the applicant shall record a deed
restriction indicating that the facility is for use only for horses
when such animals are the primary means of transportation for the
residents of the dwelling.
[Ord. No. 196-2018, 9/12/2018]
A.
An adult commercial use shall be subject to the following standards
and regulations:
(1)
No adult commercial use shall be permitted within 100 feet of
the closest property line of any public or private school, church,
recreational facility, library, community center, or any religious,
institutional, or educational use, and within 1,000 feet of an existing
adult commercial use.
(2)
Signs based on applicable zoning regulations of the district
in which the adult commercial use is located shall be permitted, provided
that:
(a)
Sign messages shall be limited to verbal description of materials
or services available on the premises.
(b)
Sign messages may not include any graphic or pictorial depiction
of material or services available on premises.
(c)
Sign messages which are visible or intended to be visible from
outside the property, such as on or within doors, windows or exterior
walls, shall not display materials, items, publications, pictures,
films, or printed material available on the premises, or pictures,
films, or live presentations or persons performing or services offered
on premises.
(3)
Nothing in this Chapter shall be deemed to allow any uses that
are "obscene" as that term has been interpreted from time to time
by the courts of the United States or the Commonwealth of Pennsylvania.
[Ord. No. 196-2018, 9/12/2018]
A.
An airport or heliport shall be subject to the following standards
and regulations:
(1)
All facilities shall be designed and operated in strict compliance
with all applicable state and federal laws and regulations.
(2)
The applicant, as part of an application for zoning approval,
shall furnish evidence that all requisite licenses have been obtained
from the Pennsylvania Department of Transportation, Bureau of Aviation.
(3)
No part of any runway or taxiway shall be within 300 feet of
any lot line. Additionally, no pad for any heliport shall be within
150 feet of any lot line.
[Ord. No. 196-2018, 9/12/2018]
A.
Automobile, truck, farm equipment, boat, other motor vehicle, and
mobile and modular home sales, service, and repair facilities shall
be subject to the following standards and regulations:
(1)
All service and/or repair activities shall be conducted within
a single, wholly enclosed building.
(2)
No outdoor storage of parts, equipment, lubricants, fuel, or
other materials used or discarded as part of the service operation
shall be permitted. Materials discarded as part of the service operation
shall be contained within wholly enclosed dumpster equipment.
(3)
All exterior vehicle storage areas shall be screened from adjoining agriculturally zoned and residentially zoned property in accordance with § 27-908 of this Chapter.
(4)
All ventilation equipment associated with fuel storage tanks
shall be at least 100 feet from, and oriented away from, any residentially
zoned property.
(5)
All vehicles shall be repaired and removed from the premises
as promptly as possible. Any vehicle not receiving repair work within
the preceding seven days shall be removed.
(6)
The demolition or storage of junked vehicles and mobile homes
and parts thereof is prohibited.
[Ord. No. 196-2018, 9/12/2018]
A.
Auto service stations shall be subject to the following standards
and regulations:
(1)
The minimum lot width shall be 200 feet along each street on
which the lot abuts.
(2)
All activities except those to be performed at the fuel pumps
shall be performed within a completely enclosed building.
(3)
Fuel pumps shall be at least 25 feet from any future street
right-of-way.
(4)
All automotive parts and dismantled vehicles shall be located
within a building.
(5)
Full body paint spraying or body and fender work shall not be
permitted.
(6)
Automobiles that are taken to a service station for outside
storage because of an accident may remain no longer than 60 days from
the day the automobile arrives at the station.
(7)
Canopies for fuel pump islands shall be lit with recessed lighting
under the canopy. Light sources shall be shielded from the view of
surrounding properties.
(8)
All automotive service stations shall be designed so as to provide
for orderly, safe movement of vehicles to and from such facility,
including clearly defined and marked traffic lanes (or where determined
by the Zoning Officer to be necessary for such safe vehicular access
to a parking facility, curbed access lanes).
(9)
Vehicular circulation at an auto service station shall be designed
to provide adequate area between fuel pumps to allow unimpeded travel
between pump islands when all fuel pumps are occupied. A minimum of
two cars (one at the fueling pump with one stacked behind) must be
accommodated from whichever direction(s) cars may queue to the pump
area.
(10)
Auto service stations shall provide adequate stacking for cars
at each pump island without impeding interior traffic circulation
or access to any service bay doors.
(11)
Auto service stations shall provide approved oil separators
(including a written operation and periodic maintenance program to
insure their proper functioning) for all storm drains on the lot occupied
by such use that will receive stormwater runoff from such use or facility.
(12)
Auto service stations shall provide protections satisfactory
to the Township to prevent spills, to clean spills quickly and to
prevent spilled fuel from entering the stormwater system. The protections
required by this Section may include, but are not limited to, employee
training, spill and hazard kits, safety equipment on pumps and underground
storage tanks and facilities in nearby stormwater inlets which block
and collect spilled fuel to prevent contamination of the stormwater
system. An ongoing inspection and maintenance program shall be provided.
[Ord. No. 196-2018, 9/12/2018]
A.
A bed-and-breakfast establishment shall be subject to the following
standards and regulations:
(1)
A bed-and-breakfast establishment shall only be permitted in
a single-family detached dwelling which is the bona fide residence
of the operator. The appearance of the building shall not be altered
as to detract from its residential character, except as required for
safety reasons in meeting Township and state regulations.
(2)
The minimum lot size shall be that of the underlying zoning
district in which this use is located.
(3)
No more than nine guest rooms shall be provided.
(4)
Breakfast and/or afternoon tea shall be the only meals provided,
and shall be provided only to guests of the bed-and-breakfast establishment.
There shall be no separate cooking facilities in any guest room.
(5)
Amenities provided by the bed-and-breakfast establishment such
as swimming pool, porches, or decks shall be limited for the use of
the residents and guests of the facility.
(6)
The operator of the bed-and-breakfast shall meet all applicable
Township fire and safety codes, and state and county requirements.
(7)
In addition to applicable parking requirements in Part 9, General
Regulations, there shall be one off-street parking space per guest
room and one space for each nonresident employee. The off-street spaces
shall be screened from adjacent residential properties by fencing
or natural vegetation in accordance with Part 9, General Regulations.
(8)
Signs associated with the bed-and-breakfast establishment shall
be in accordance with Part 9, General Regulations.
[Ord. No. 196-2018, 9/12/2018]
A.
BACK-TO-BACK SIGN
SIGN FACE
V-TYPE SIGN
Definitions. As used in this Section, unless the context otherwise
requires, the following terms and their derivatives shall have the
meaning herein given:
A structure with two parallel sign faces oriented in opposite
directions, or two structures, each with one sign face. The sign faces
shall not be located more than 15 feet apart and both sign faces shall
not be capable of being seen at the same time from any point.
That portion of a sign, including the display area, border
and trim, but excluding the base, supports and other structural members.
A structure or structures with two given sign faces, forming
the shape of the letter "V" or a triangle when viewed from above,
with an angle between any two faces of not more than 45°. The
sign faces shall not be located more than 15 feet apart at the closed
point.
B.
Location of Off-Premises Advertising Signs. Off-premises advertising
signs which conform with the provisions of this Section shall be permitted
only in the BI — Business Industrial District. These billboards
may only be placed on properties that have frontage on Route 322.
Sign faces shall be oriented only to Route 322 traffic and located
within 100 feet of the Route 322 right-of-way. In no event shall any
portion of any sign be erected within 100 feet of any residentially
zoned property.
C.
Size of Off-Premises Advertising Signs. The maximum area of an off-premises
advertising sign face shall be 300 square feet, which shall include
any temporary embellishment, with maximum length of 25 feet.
D.
Spacing of Off-Premises Advertising Signs.
(1)
V-type or back-to-back signs shall be considered one sign. Sign
faces in any other arrangement shall be considered more than one sign.
(2)
No portion of the sign face of any off-premises advertising
sign shall be located closer than 1,500 feet to any portion of the
sign face of another off-premises advertising sign on the same side
of the street.
(3)
No off-premises advertising sign shall be located in such a
manner as to obscure, or otherwise physically interfere with the effectiveness
of, an official traffic sign, signal or device, or obstruct or physically
interfere with a driver's view of approaching or intersecting traffic.
(4)
Off-premises advertising signs shall not be located within 1,500
feet of a sign marking the beginning or end of a school zone.
(5)
Off-premises advertising signs shall not be located within 1,500
feet of a street intersection utilizing a traffic light.
E.
Height of Off-Premises Advertising Signs. Off-premises advertising
signs shall not exceed an overall height of 25 feet above the adjacent
ground elevation or 40 feet above the surface of the road it faces,
whichever is lesser in height. Off-premises advertising signs shall
not be closer than 25 feet to the nearest right-of-way or property
line.
F.
Lighting of Off-Premises Advertising Signs. Off-premises advertising
signs may be illuminated, subject to the following restrictions:
(1)
No revolving or rotating beam or beacon of light that simulates
any emergency light device shall be permitted as part of any sign.
Flashing devices shall not be permitted upon a sign; however, illuminated
signs which indicate customary public information, such as time, date,
temperature or other similar information, shall be permitted.
G.
Prohibited Off-Premises Advertising Signs. The following off-premises
advertising signs shall not be permitted to remain or to be erected:
(1)
Signs which are obsolete structures not meeting construction
standards, out-of-date political billboards, signs advertising defunct
businesses, and signs which have been erected without a building permit
having been issued therefor.
(2)
Signs which are illegal under state law or regulations.
(3)
Signs that are not securely fixed on a substantial structure.
(4)
Signs which attempt or appear to attempt to regulate, warn or
direct the movement of traffic or which interfere with, imitate or
resemble any official traffic sign, signal or device.
(5)
Signs that prevent free ingress or egress from any doors, window
or fire escape, or that are attached to a standpipe or fire escape.
(6)
Signs which revolve.
H.
Construction Standards. All off-premises advertising signs shall
be constructed in accordance with the Building Code of the Township.
The structural elements of all off-premises advertising signs shall
be of metal construction. All signs shall meet industry-wide standards
as established by the Outdoor Advertising Association of America,
Institute of Outdoor Advertising, and other similar industry-wide
organizations.
I.
Maintenance or Replacement of Existing Off-Premises Advertising Signs.
The maintenance or replacement of off-premises advertising signs existing
prior to this Section shall be permitted, provided upgrades are in
accordance with the Building Code of the Township and in compliance
with this Chapter.
J.
Removals. Any nonconforming sign, when abandoned or removed, can
only be replaced with a sign that conforms to this Chapter.
K.
Maintenance. All off-premises advertising signs shall be maintained
in safe structural condition. All sign faces shall be maintained in
a neat, clean, freshly painted or posted condition. The general area
of all off-premises advertising signs shall be kept clear of debris.
L.
Abandonment.
(1)
An off-premises advertising sign which does not have bona fide
advertising for 12 consecutive months shall be deemed abandoned and
shall be removed by the owner thereof within 30 days after written
notice from the Township.
(2)
Prior to any construction of an off-premises advertising sign,
the owner thereof shall post a bond or other security in a form acceptable
to the Zoning Officer for the removal of all off-premises advertising
signs under its ownership in the Township, such security to be subject
to claim by the Township in the event that the off-premises advertising
signs under such ownership in the Township are abandoned and not removed
by the applicant in accordance with this Section. Said bond or other
security shall be in an amount reasonably related to any and all removal
costs.
[Ord. No. 196-2018, 9/12/2018]
A.
A boarding/rooming house shall be subject to the following standards
and regulations:
(1)
A maximum of six boarders shall be permitted in a boarding house.
(2)
Each boarding unit shall have a minimum floor area of 200 square
feet. A maximum of two boarders may share a boarding unit.
(3)
Each boarding house shall contain a common kitchen facility.
(4)
A complete bathroom facility shall be provided for every two
boarding units.
(5)
An operator shall live on the premises.
(6)
One off-street parking space per resident shall be provided
in addition to the requirements for the residence.
(7)
The existing sanitary sewage system shall be recertified as
adequate in accordance with state regulations prior to the establishment
of the specific use.
[Ord. No. 196-2018, 9/12/2018]
A.
A bus station shall be subject to the following standards and regulations:
(1)
There shall be a one-acre minimum lot size.
(2)
An area for the loading and unloading of buses shall be provided
separate from required off-street parking areas.
(3)
The lot shall have access available to an arterial street.
(4)
The subject property shall be at least 300 feet from the property
line of any parcel containing a school, day-care facility, playground,
or library.
[Ord. No. 196-2018, 9/12/2018]
A.
A camp ground shall be subject to the following standards and regulations:
(1)
The minimum required gross lot area for a camp ground shall
be five acres and the minimum lot width at the street line shall be
250 feet.
(2)
No structure or individual camping site shall be located closer
than 60 feet from any lot line.
(3)
Any application for zoning approval shall be accompanied by
a plot plan for the site, showing driveways and internal roads, proposed
type and location of sewage facilities and water supply, building
locations and functions, and any other information required by this
Chapter or any other applicable regulations.
(4)
The approving entity may approve the proposed camp ground as
a year-round facility, provided that no occupant other than a manager
or related staff of the camp ground shall be permitted to remain in
the camp ground for a period of time in excess of 90 days.
(5)
The applicant shall submit proposed management procedures necessary
to insure compliance with the above ninety-day time limitation.
[Ord. No. 196-2018, 9/12/2018]
A.
A car wash, whether as a principal use or accessory to an auto service
station, shall be subject to the following standards and regulations:
(1)
The property shall be served by a public water system. The car
wash facility shall include a system to collect and recycle the water
used in the car washing operation.
(2)
Traffic flow and ingress-egress shall not cause traffic hazards
on adjacent streets.
(3)
Access points shall be limited to two on each street abutting
the lot.
(4)
On-lot traffic circulation channels and parking areas shall
be clearly marked.
(6)
All structures shall have a minimum setback of 100 feet from
any property not zoned MUC — Mixed Use Commercial or BI —
Business Industrial, and any property used for agricultural or residential
purposes.
(7)
The site shall be kept free of debris and trash.
[Ord. No. 196-2018, 9/12/2018]
A.
The following standards and regulations shall apply to any cemetery,
whether a principal or accessory use, except as otherwise noted:
(1)
The minimum net lot area shall be one acre, for a cemetery,
when located on a separate parcel or lot. If located on the same lot
as a church, the combined minimum net lot area shall be three acres.
(2)
Any cemetery smaller than five acres, whether or not as a principal
or accessory use of a parcel or lot, shall be permitted by right in
the A — Agricultural and RC — Resource Conservation Districts.
Any cemetery five acres in size or larger may require further approval
as set forth in applicable zoning district's use regulations.
(3)
Any cemetery shall comply with the following standards:
(b)
In no case shall any structure, burial ground, or burial plot
be located within the FH — Flood Hazard or WHP — Wellhead
Protection Area Zone 1 or 2 Overlay Districts.
(d)
The placement of burial vaults within burial ground areas shall
comply with the following standards:
[1]
Multiple burial vaults may be placed in a single
plot (i.e., one above the other).
[2]
No vault shall be located less than three feet
beneath the ground surface after development, except where completely
enclosed within a mausoleum.
[3]
No vault shall be located where, at its greatest
depth below the ground surface, it may intrude upon the seasonal high
water table.
[4]
In order to provide for adequate percolation of
groundwater, all burial vaults shall be placed such that minimum horizontal
separation between vaults is no less than two feet. This provision
shall not apply to burial vaults completely enclosed within a mausoleum.
[5]
Natural buffer areas shall be retained to the greatest
degree feasible to mitigate impacts to scenic landscape qualities
and water recharge capacity. Use of plant material is encouraged to
provide privacy, screening, and access control.
B.
Application Requirements. The following shall be provided by the
applicant for review by the Township prior to receiving approval to
operate a cemetery:
(1)
The application for a cemetery shall include the following:
(a)
A plan shall accompany the application which identifies natural constraints, proposed capacity of burial plots, circulation of vehicles through the proposed cemetery, all proposed buildings, other improvements, and general landscaping or protection of existing vegetation. If the cemetery use is approved, the applicant shall submit a land development plan pursuant to Chapter 22.
(b)
Where the cemetery review is for expansion of an existing cemetery,
the full land development plan may be waived by the Township provided
that the applicant provide a sketch plan for review by the Township
Planning Commission and agrees to incorporate the sketch plan into
the legal agreement specified in Subsection B(1)(c), below, as an
exhibit for maintenance of the cemetery property.
(c)
A narrative of how the cemetery will be developed and maintained.
(d)
At the discretion of the Township Engineer, a traffic study subject to the requirements of Chapter 22 may be required for cemeteries considered significantly large enough to warrant such study.
(e)
Prior to approval of a cemetery, either as a land development
or a sketch plan where land development review has been waived, the
applicant shall engage a qualified soil scientist to conduct soil
testing of the proposed cemetery site along the perimeter and in areas
proposed for burial plots to confirm the depth to the water table.
Such testing shall be conducted in the presence of the Township Engineer.
In addition, in conditions of drought, the soil scientist shall consider
weather conditions in the assessment of the normal depth to the water
table.
(f)
The applicant shall provide sufficient hydrologic and other
information to satisfy the approving entity that potential for groundwater
contamination from development of burial grounds shall not be hazardous
to any neighboring water supply wells. As a condition of approval,
the approving entity may require the installation of monitoring well(s)
where potential hazard to neighboring well(s) is suspected.
(g)
The applicant shall provide a legal agreement, subject to the approval of the Township Solicitor, which shall identify the owners or operators responsible for the long-term maintenance responsibilities and the financial means for such maintenance. This agreement shall comply with the provisions for ownership and maintenance of open space as provided in § 22-625. This legal agreement shall be incorporated on the subdivision or land development plan by reference and recorded with deed to the property.
[Ord. No. 196-2018, 9/12/2018]
A.
A church or similar place of worship shall be subject to the following
standards and regulations:
(1)
In any zoning district in which a church is permitted, the minimum
gross lot area shall be two acres and the minimum lot width shall
be 200 feet.
(2)
The maximum gross lot area for any church in the A — Agricultural
District shall be four acres. All activities of the church shall be
limited to the subject parcel.
(3)
Side yard and rear yard setbacks of not less than 50 feet shall
be provided on any church property.
(4)
Off-street parking facilities shall be located not less than
25 feet from the street right-of-way line and from the side and rear
property lines. The approving entity may require additional screening
of any parking facility, if it is determined necessary.
(5)
A maximum of 60% of the gross lot area may be covered by impervious
surface.
(6)
One church-related residence, as a use accessory to the church,
may be located on the same parcel as the church.
(7)
The applicant shall provide a traffic impact study for the proposed use. The traffic impact study shall be prepared in accordance with the requirements of the Township Subdivision and Land Development Ordinance [Chapter 22].
(8)
Church-related educational or day-care facilities:
(a)
Where educational facilities and programs are offered below
the college level, the applicant shall include a plan for outdoor
recreation that is acceptable to the approving entity. Such plan shall
include appropriate screening and buffering from adjacent residential
properties.
(b)
Student and child drop-off areas shall be designed to eliminate
the need to cross traffic lanes within or adjacent to the site.
(9)
The applicant shall provide a parking plan which demonstrates
that the proposed parking facilities are sufficient for the intended
use and in compliance with the terms of this Chapter.
[Ord. No. 196-2018, 9/12/2018]
A.
A club or lodge shall be subject to the following standards and regulations:
(1)
The minimum area for a club or lodge shall be that of the underlying
zoning district.
(2)
The use of the facility shall be for authorized members and
guests only.
(3)
Lodging of overnight guests is prohibited in any building that
is a club or lodge.
(4)
Outdoor activity areas shall be setback a minimum of 25 feet
from any property line.
(5)
When located within or adjoining a residential use, the hours
of operation shall be established by the approving entity.
(6)
Outdoor lighting shall comply with the appropriate provisions
in Part 9, General Regulations.
(7)
A buffer, in accordance with Part 9, General Regulations, shall
be maintained adjacent to any residential use or district. All structures,
parking, and facilities for outdoor activity shall be screened.
[Ord. No. 196-2018, 9/12/2018]
A.
Commercial uses of water resources shall be subject to the following
standards and regulations:
(1)
A detailed water supply impact plan (hereinafter "plan") shall
be submitted for review and approval by the Township. Such plan shall
be prepared by an independent professional geologist or a professional
engineer with a current certificate of occupation as issued by the
Commonwealth of Pennsylvania, Department of State, Bureau of Professional
and Occupational Affairs (hereinafter "qualified professional"). Such
qualified professional shall be approved by the Township prior to
commencement of the study described in Subsection A(2), below.
(2)
Upon approval and execution of the plan, a water supply impact
study (hereinafter "study") shall be prepared and submitted by a qualified
professional. The study shall evaluate the effect of the proposed
commercial use of water resources on the existing surface and subsurface
water within one radial mile of the site property corners.
(3)
Where determined necessary by the Township, any data suggesting
that the proposed use will neither diminish the quantity or quality
of water available to surrounding properties nor measurably reduce
the flow of surface water in the Township shall be subject to independent
review and confirmation (hereinafter "confirmation report") by a third-party
qualified professional. Selection of the qualified professional shall
be agreed to by the Township and applicant, and the cost of the confirmation
report shall be divided equally between the Township and applicant.
(4)
The proposed commercial use of water resources shall not be
permitted if an interpretation of the data presented in the study
or in the confirmation report reasonably predicts that the proposed
use will unacceptably diminish the quantity or quality of water available
to surrounding properties, or will measurably reduce the flow of surface
waters in the Township.
[Ord. No. 196-2018, 9/12/2018]
A.
Concentrated animal feeding operations (CAFOs) shall be subject to
the following standards and regulations:
(1)
The applicant shall, at the time of zoning application, identify
the number of animals comprising the operation and present the following:
(a) all applicable permits demonstrating that licensure has been obtained
by the Pennsylvania Department of Environmental Protection for the
specified number of animals and (b) all plans submitted as part of
any CAFO NPDES application and/or WQM Permit application to be issued
by PADEP or the Chester County Conservation District, if designated
by PADEP, for the specified number of animals including, but not limited
to, a nutrient management plan, erosion/sedimentation control plan,
NPDES stormwater permit, a preparedness, prevention and contingency
plan, and an engineer's certification of the manure storage facilities.
(2)
The minimum gross lot area for a CAFO shall be 20 acres.
(3)
The CAFO shall be compatible with the existing uses of the site,
shall not be detrimental to any existing adjacent land uses, and shall
be located in a manner so as to minimize noise, smell, and any other
potential adverse effects that may be generated by the proposed animals.
(4)
The CAFO shall not propose any building use for the keeping
or raising of animals within 150 feet from any lot line.
(5)
There shall be a distance not less than 500 feet between any
lot line of a concentrated animal feeding operation and (a) any lot
line of a public, private, or farm-related school, a church or similar
place of worship, or a camp ground; or (b) any residential use, life
plan community, or RC, NR, MUR, or MUC Zoning District boundary.
(6)
Any property proposed for a concentrated animal feeding operation
shall have frontage on a major collector or principal arterial road,
as designated in the Honey Brook Township and Borough Multi-Municipal
Comprehensive Plan, and shall locate its principal point or points
of vehicular access along such frontage.
(7)
Trucks transporting animals to or from the property as part
of a concentrated animal feeding operation shall not use a road of
lesser functional classification to enter or leave the property, unless
specifically so approved as part of its zoning approval.
(8)
All proposed entrances and exits to the CAFO shall be designed
and improved in a manner which does not allow mud or gravel to be
deposited or accumulated on or along abutting public streets.
(9)
Suitable buffering shall be provided when any structure, access
drive, and parking, loading or unloading areas are located within
150 feet of adjacent residential structures.
[Ord. No. 196-2018, 9/12/2018]
A.
The following standards and regulations shall apply to any convenience
store, as defined and specifically permitted by this Chapter. The
standards in this Section shall supersede similar standards that may
be contained in the zoning district in which a convenience store is
permitted. Standards in the base zoning district that are not addressed
in this Section shall be applicable to the convenience store use.
(1)
A gross lot area of not less than two acres shall be required
for any convenience store.
(2)
The maximum floor area of a convenience store shall be 8,000
square feet.
(3)
There shall be no limit on the operating hours of a convenience
store.
(4)
In addition to landscaping and buffering as may be required
by Part 9, General Regulations, the approving entity may require supplemental
fencing, consisting of materials and dimensions it deems appropriate,
along any property line that abuts an agricultural or residential
use or an agriculturally zoned or residentially zoned property.
(5)
To assure satisfactory management of the property and the mitigation
of potential off-site impacts:
(a)
Trash disposal shall be managed to prevent any problem of littering
on or off the site. Dumpsters or similar large-scale outdoor trash
receptacles shall be completely screened from view, and access gates
shall be closed at all times when not in use.
(b)
Noise and lighting shall be controlled to avoid any impact on
nearby residential properties.
(c)
Outside loud speakers shall be audible only to persons in the
immediate vicinity of the fueling positions.
(6)
The applicant shall demonstrate that the proposed design of
the building facade and related canopy or other structural elements
on the property will minimize incompatibility with the character of
existing buildings on immediately adjacent properties.
[Ord. No. 196-2018, 9/12/2018]
A.
The provisions of this Section shall apply to child or adult day-care
facilities providing service for all or part of a twenty-four-hour
day for children under 16 years of age, or for persons who otherwise
have some form of disability. Day-care facilities, as defined by this
Chapter, are subject to the applicable standards in Chapter II, §§ 8A,
8B, and 8C of DPW Social Services Manual Regulations. This section
does not apply to family day-care operations or child day-care service
furnished in places of worship during religious services.
B.
The following provisions shall apply only to child day-care centers:
(1)
Child drop-off areas shall be designed to eliminate the need
for pedestrians to cross traffic lanes within or adjacent to the site.
(2)
An outdoor play area, as required by DPW regulations, shall
be provided for child day-care facilities and shall not be located
in the front yard.
(3)
Hours of outside play shall be limited to the hours of 8:00
a.m. until sunset, as defined by the National Weather Service.
(4)
Play equipment shall be located at least 10 feet from an abutting
property line.
(5)
A fence with a minimum height of four feet shall physically
contain the children within the outdoor play area.
C.
The following provisions shall apply to both child and adult day-care
centers:
(1)
If the day-care facility will be subject to DPW requirements,
evidence of the ability to comply with said requirements must be presented
as part of the permit application.
(2)
Adequate water and sewer service shall be provided to the site
in accordance with the requirements of the Pennsylvania Department
of Environmental Protection and the Chester County Health Department.
(3)
Fencing shall be provided to restrict occupants from hazardous
areas, such as open drainage ditches, wells, holes, and arterial and
major collector roads. Natural or physical barriers may be used in
place of fencing so long as such barriers functionally restrict occupants
from these areas.
D.
Adult and child day-care facilities shall not provide medical or
personal care services which extend beyond simple first aid and assistance
with dressing, bathing, diet, and medication prescribed for self administration
unless licensed by the DPW to provide such services.
E.
The applicant shall submit a plan showing any existing or proposed
outdoor play areas, outdoor play equipment, fencing, access drives,
adjacent streets, adjacent hazardous land uses, on-site hazardous
areas (as previously defined), merchandise delivery areas, parking
spaces, and the child or adult drop-off circulation pattern.
F.
If the facility has access to streets of different classifications,
access shall be provided using the street of lesser functional classification.
G.
All pedestrian pathways shall be adequately lit for safety if utilized
during nondaylight hours. Specific areas for lighting are entranceways,
pedestrian access to the outdoor play areas, sidewalks, drop-off areas,
merchandise delivery areas, and all parking lots. Such lighting shall
be directed and shielded, in a manner deemed acceptable by the Township,
to prevent unnecessary light spillage or glare on abutting properties
or streets.
[Ord. No. 196-2018, 9/12/2018]
A.
A dead animal composting facility shall be subject to the following
standards and regulations:
(1)
The applicant shall provide a site plan depicting the proposed
composting operation, including ingress and egress points, location
of animal burial/composting sites, any associated buildings or structures,
employee parking and equipment storage areas, leachate containment
areas, soil and composting material stockpiles, waste stockpiles,
setbacks of improvements from all property lines, and any proposed
buffering/landscaping. Burial/composting sites shall be chosen carefully
to prevent groundwater, adjoining water body, and well water contamination.
(2)
The applicant shall also submit, as part of the zoning application
submittal, an existing features plan in accordance with the provisions
of the Township Subdivision and Land Development Ordinance, prepared
at the same scale as the site plan provided in accordance with Subsection
A(1) above.
(3)
The applicant shall present the following: (a) all applicable
permits demonstrating that licensure has been obtained by the Pennsylvania
Department of Agriculture, and (b) all plans submitted as part of
any NPDES application and/or WQM permit application to be issued by
PADEP or the Chester County Conservation District, if designated by
PADEP, for the operation, including, but not limited to, erosion/sedimentation
control plan and NPDES stormwater permit.
(4)
The minimum gross lot area for any dead animal composting facility
shall be 20 acres.
(5)
The dead animal composting facility shall be compatible with
the existing uses of the site, shall not be detrimental to any existing
adjacent land uses, and shall be located in a manner so as to minimize
noise, smell, and any other potential adverse effects that may be
generated by the proposed animals.
(6)
The facility shall not propose any animal burial/composting
sites within 200 feet from any lot line, and dead animals shall not
be visible to the general public.
(7)
The facility shall not propose any animal burial/composting
sites within the one-hundred-year floodplain, and a minimum of 200
feet shall be maintained from any water body, well or sinkhole. The
approving entity may, at the time of zoning approval, reduce the two-hundred-foot
setback requirement to not less than 100 feet when requested by an
applicant.
(8)
The applicant shall demonstrate that any proposed burial/composting
site is a minimum of: two feet above bedrock; two feet above seasonal
high water table; and two feet above highly permeable soils.
(9)
No materials or wastes from the dead animal composting facility
shall be deposited upon a lot in such form or manner that they may
be transferred off the lot by natural causes or forces, nor shall
any substance which can contaminate a stream or watercourse or otherwise
render such stream or watercourse undesirable as a source of water
supply or recreation, or which will destroy aquatic life, be allowed
to enter any stream or watercourse.
(10)
All burial/composting sites shall be covered with a minimum
of two feet of soil within 48 hours of dead animal disposal.
(11)
There shall be a distance not less than 500 feet between any
lot line of a dead animal composting facility and (a) any lot line
of a public, private, or farm-related school, a church or similar
place of worship, or a camp ground; or (b) any residential use, life
plan community, or RC, NR, MUR, or MUC Zoning District boundary.
(12)
Any property proposed for a dead animal composting facility
shall have frontage on a major collector or principal arterial road,
as designated in the Honey Brook Township and Borough Multi-Municipal
Comprehensive Plan, and shall locate its principal point or points
of vehicular access along such frontage.
(13)
Trucks transporting animals to or from the property as part
of a dead animal composting facility shall not use a road of lesser
functional classification to enter or leave the property without specific
approval of the approving entity as part of its grant of any zoning
approval.
(14)
All proposed entrances and exits to the facility shall be designed
and improved in a manner which does not allow mud or gravel to be
deposited or accumulated on or along abutting public streets.
(15)
Suitable buffering shall be provided when any structure, access
drive, stockpile of composting materials, and parking, loading or
unloading areas are located within 150 feet of adjacent residential
structures.
[Ord. No. 196-2018, 9/12/2018]
A.
A drive-through service shall be subject to the following standards
and regulations:
(1)
The use shall have direct access to either a collector or arterial
street, as defined in the Honey Brook Township and Borough Multi-Municipal
Comprehensive Plan.
(2)
For a drive-through window located adjacent to a residential
use or district, screening of no less than five feet in depth shall
be maintained along all property lines abutting the residential use
or district, per Part 9, General Regulations.
(3)
Drive-through service windows for restaurants must have a cartway
that has a dedicated area for conducting business, a vehicle stacking
lane which can accommodate a minimum of eight cars for restaurant
and a minimum of five cars for banking and other uses for those waiting
to conduct business, and an area for departing vehicles. The stacking
lane shall not be used for parking lot circulation aisles or in any
way conflict with parking or circulation. The stacking lane shall
be clearly marked to distinguish it from other traffic.
(4)
Access shall be a minimum of 40 feet from street intersections.
The distance shall be measured from the street right-of-way to the
edge of the access driveway.
(5)
When this use is adjacent to or on the same lot as other commercial
establishments, it shall use a common access with the other establishments
and not have a separate entrance to the street.
(6)
A sidewalk shall be provided between an existing sidewalk and
the entrance to the restaurant. If there is no existing sidewalk,
one shall be provided along the street frontage.
(7)
Trash receptacles shall be provided outside the restaurant for
patron use, but shall not be located within 15 feet of any residential
properties.
(8)
A trash storage unit shall be provided which is designed to
be screened from the street and adjacent properties.
[Ord. No. 196-2018, 9/12/2018]
A.
Dry cleaner, laundry, or laundromat uses shall be subject to the
following standards and regulations:
(1)
The property shall be served by public sewer and public water
facilities.
(2)
All activities shall be within completely enclosed buildings.
(3)
All windows and doors on walls facing adjoining residentially
zoned properties shall be kept closed during hours of operation and
occupancy.
(4)
Exhaust and ventilation equipment shall discharge away from
any adjoining residentially zoned properties.
[Ord. No. 196-2018, 9/12/2018]
A.
An ECHO dwelling shall be a temporary dwelling unit, and shall be
accessory to a single-family detached dwelling located on the same
property.
B.
The applicant shall demonstrate compliance with the requirements
of this subsection. In addition, as a condition of zoning approval,
the approving body shall require that the landowner enter into an
agreement with the Board of Supervisors governing the use, occupancy,
and removal of the ECHO dwelling unit and establishing an escrow of
sufficient amount to cover the cost of removal of said dwelling unit.
C.
The proposed ECHO dwelling unit may not exceed 1,250 square feet
of floor area.
[Amended by Ord. No. 197-2019, 7/10/2019]
D.
The total combined impervious coverage for the principal dwelling,
the accessory structures, and the proposed ECHO dwelling shall not
exceed the maximum amount permitted in the prevailing zoning district.
E.
The proposed ECHO dwelling shall be occupied by either: (a) an elderly,
handicapped, or disabled individual (as those terms are defined in
the Americans with Disabilities Act of 1990 and any subsequent amendment
thereto) related to an occupant of the principal dwelling by blood,
marriage, or adoption, or (b) the caregiver for any of the above mentioned
individuals. The proposed dwelling shall not be occupied by more than
two people.
F.
The applicant shall provide documentation that the proposed method
of sewage disposal and water supply comply with the requirements of
the applicable permitting authority.
G.
The proposed ECHO dwelling shall be located to the side or rear of
the principal dwelling and shall be subject to all side and rear yard
requirements of the prevailing zoning district.
H.
If the proposed dwelling is a mobile home, it shall be placed on
the lot in accordance with the applicable foundation and anchoring
requirements.
I.
The proposed ECHO dwelling unit shall be provided with properly designed
and approved utility connections.
J.
Upon the proper installation of the ECHO dwelling, the Zoning Officer
shall issue a temporary use and occupancy permit. This permit shall
be reviewed during the month of January of each year until such time
that the dwelling is to be removed. A fee, in an amount established
by resolution of the Board of Supervisors, shall be paid by the landowner
upon each renewal of the temporary permit.
K.
Upon occupancy of the ECHO dwelling unit, the property owner shall
advise the Township of the person(s) residing in the unit. A new use
and occupancy permit shall be required whenever there is a change
in the person or persons residing in the ECHO dwelling unit.
[Ord. No. 196-2018, 9/12/2018]
A.
An equestrian center, as defined by this Chapter, is permitted when
in compliance with the following standards and regulations:
(1)
An equestrian center may occupy a portion of the protected open space within a residential development utilizing the open space design option, when in compliance with the terms of this Section and Part 20, and when approved as a principal use pursuant to the use regulations in each zoning district.
(2)
The maximum number of horses occupying an equestrian center property at any given time shall be as determined under the terms of § 27-1003O(3).
(3)
Prior to initiating the operation of an equestrian center, the
operator shall provide the Zoning Officer with a plan for manure storage
prepared or approved by the Chester County Conservation District.
(4)
Any structure used for the boarding of horses shall be set back
at least 100 feet from the lot line of any residential property and
shall be set back at least 60 feet from any other lot line.
(5)
All stables shall be maintained in a manner that minimizes odors
perceptible at the lot line.
(6)
The area within which horses are kept shall be enclosed by a
fence, designed for containment, which shall be located outside any
street right-of-way.
(7)
The area within which large domestic animals are maintained
shall be kept in a suitable grass cover and shall not be allowed to
degrade to an erodible condition.
(8)
The operator of an equestrian center shall exercise suitable
control over the animal and shall not allow a nuisance condition to
be created in terms of excessive noise, dirt, or odor.
B.
Equestrian events, as defined by this Chapter, shall be permitted
at any equestrian center subject to the following standards and regulations:
(1)
There shall be a maximum of 50 participants at any single event,
excluding relatives or other family or friends of participants.
(2)
An event shall last no more than two consecutive days, excluding
arrival or departure of horses.
(3)
All parking shall be provided on-site, at a location that is set back a minimum of 60 feet from all residential properties. The amount for an event shall be based on the number of participants, in addition to that required for equestrian centers in Part 9 of this Chapter. In addition, all parking areas shall incorporate ten-foot-wide lanes between parking rows for fire or emergency access.
(4)
All solid waste shall be collected and disposed of in compliance with state regulations. Manure management shall comply with the manure storage plan prepared or approved by the Chester County Conservation District, as required under § 27-1028A.
(5)
Use of handheld public announcement systems is permissible,
but no permanent system shall be permitted to be constructed or used
for events.
(6)
Vending of materials shall be contained in portable trailers
or vehicles to be removed upon the completion of an event, except
for sales of materials on consignment, which shall be enclosed in
a structure on the property.
(7)
Overnight camping on the premises shall not be permitted.
[Ord. No. 196-2018, 9/12/2018]
A.
Purpose:
(1)
To encourage proper management and silvicultural practices that
reap continuous economic benefits from a woodland or forest while
still maintaining or improving wildlife habitat, protecting forest
soils and waters, and ensuring the continuation of productive forest
ecosystems;
(2)
To recognize the important values that woodlands offer to southeastern
Pennsylvania where most of the land has been converted to agriculture
and urban uses. These values include wildlife, water filtration/regulation,
soil retention, carbon sequestration, wood products, recreation, and
aesthetics; and
(3)
To ensure the Township's citizens right to clean air, pure water,
and to conserve the natural, scenic, historic and aesthetic values
of the environment as guaranteed by Article I, Section 27, of the
Pennsylvania Constitution.
B.
Applicability. Forestry, including timber harvesting as defined in
this Chapter, shall be a permitted use by right in all zoning districts.
Timber harvesting shall be conducted in accordance with the following
standards and regulations:
(1)
Any timber harvesting shall be undertaken in accordance with
a timber harvesting plan submitted by a landowner or timber harvest
operator, and approved by the Township. All timber harvesting plans
shall be prepared and signed by a professional forester and submitted
to the Township for review for compliance with the standards for timber
harvesting operations set forth herein not less than 45 days prior
to commencement of the timber harvesting operation. The Township may
seek the assistance of the Chester County Conservation District and/or
the PA DCNR Bureau of Forestry Service Forester in reviewing the timber
harvesting plan. Within 30 days of submission to the Township, a timber
harvesting plan shall be approved if meeting all of the following
requirements, or denied. If denied, the Township shall at the same
time inform the applicant of the plan deficiencies in order to help
facilitate a plan resubmittal.
(2)
Any timber harvesting plan submitted to the Township for review
and approval shall include both narrative and maps supplying the following:
(a)
Name, address, and telephone number of landowner and the timber
harvesting operator, if known. Identity and contact information, including
phone number for immediate contact, for the timber harvesting operator
shall be provided to the Township no later than upon award of the
bid for the timber harvest covered by the approved timber harvesting
permit.
(b)
An existing features map, drawn to scale, with North arrow,
showing:
[1]
Site location and boundaries of both the entirety
of the property upon which the timber harvesting shall occur and the
area proposed for timber harvesting within that property;
[2]
General location of the area proposed for timber
harvesting in relation to municipal and state highways, roads, and
bridges, including any weight limits, locations of ingress and egress
to the public road system, and haul routes to be used through the
Township;
[3]
Existing watercourses (including identifying any
with EV or HQ status), floodplain areas, and wetlands within the area
proposed for timber harvesting.
[4]
Topography of the property, including identification
of any steeply sloped area(s), as defined herein, within the area
proposed for timber harvesting;
(c)
A logging plan, at the same scale as the existing features map,
with North arrow, showing:
[1]
The area proposed for timber harvesting within
the property;
[2]
Location of all earth disturbance activities such
as skid roads, skid trails, log landings, points of access to municipal
or state highways or roads, and water control measures and structures;
[3]
Location of all crossings of any watercourses,
wetlands, or seasonally wet areas;
[4]
Design, construction, maintenance, and retirement
of the access system, including haul roads, skid roads, log landings,
and temporary points of access to municipal or state highways or roads;
[5]
Design, construction, and maintenance of water
control measures and structures such as culverts, broad-based dips,
filter strips, and water bars; and
[6]
Design, construction, and maintenance of proposed
watercourse and wetland crossings.
(d)
The logging plan shall address and comply with the requirements
of all applicable state regulations including but not limited to,
the following:
[1]
Erosion and sedimentation control regulations contained
in Title 25 Pennsylvania Code, Chapter 102, promulgated pursuant to
The Clean Streams Law (35 P.S. § 691.1 et seq.).
[2]
Stream crossing and wetlands protection regulations
contained in Title 25 Pennsylvania Code, Chapter 105, promulgated
pursuant to the Dam Safety and Encroachments Act (32 P.S. § 693.1
et seq.).
[3]
An approved timber harvest erosion and sedimentation
control plan for the proposed timber harvest submitted to PADEP or
to the Chester County Conservation District if delegated such responsibility
by PADEP may be submitted to satisfy the requirements of Subsection
B(2)(d)[1] and [2] above. The name and contact information for the
assigned Chester County Conservation District staff person reviewing
the written E&S plan shall be included with the timber harvesting
plan, if known.
(e)
A forest stewardship activities plan, if available, for the
area proposed for timber harvesting. If not available, then at a minimum,
the timber harvesting plan shall include the following information:
[1]
How the landowner will insure the success of the
proposed forest regeneration method for the area proposed for timber
harvesting. Regeneration methods include, but are not necessarily
limited to, single-tree selection or group selection, shelterwood,
seed tree, and clearcut.
[2]
Where forest regeneration is a goal of the landowner,
the professional forester shall provide a written narrative explaining
how regeneration within the area to be timber harvested will be successfully
accomplished and maintained based on the following analysis:
[a]
Assess advanced regeneration, seed sources for
postharvest regeneration, and potential stump and root sprouting;
[b]
Assess, and if necessary, control competing vegetation
such as ferns, grasses, and other undesirable understory tree and
shrub species;
[c]
Assess, and if necessary, control the potential
loss of seed, seedlings, and sprouts to deer and other wildlife.
[3]
A listing and description of the selected forest
best management practices to be employed during and after the timber
harvesting operation (see Best Management Practices for Pennsylvania
Forests, Penn State College of Agriculture).
[4]
Where clearing of woodlands or forest is part of
agricultural plowing and tilling activities covered under PA Title
25, Chapter 102, Erosion and Sedimentation Control, a conservation
plan report submitted for approval by the Chester County Conservation
District that reduces erosion below the tolerable levels in crop field
and incorporates the new acreage into proper management may be substituted
for a forest stewardship activities plan or other information required
under Subsection B(2)(e)[1] through [3] above, and shall be submitted
with the logging plan.
(f)
A timber harvesting plan proposing any crossing of streams or
wetlands or otherwise obstructing or encroaching any watercourse during
the harvesting operations must identify any and all required permits,
plans, and approvals required by PADEP, Chester County Conservation
District, or the U.S. Army Corps of Engineers. Copies of any and all
approved permits, plans, and approvals shall be provided to the Township
upon receiving such approval.
(g)
Timber harvesting proposed on prohibitive slopes must provide
an explanation of the erosion and sediment control best management
practices to be employed on the slopes, the reasons for harvesting
on the slopes, and method for retrieving the logs that are felled
on the slopes.
(h)
A timber harvesting plan proposing to engage in earth disturbance
activities within a wetland, seasonally wet area, or within 50 feet
of any water course shall include a description of the best management
practices required for the activity under both an erosion and sediment
control plan and pursuant to the Dam Safety and Waterway Management
regulations.
(i)
Boundaries of the property proposed for timber harvesting, the
area proposed for timber harvesting, and the trees to be harvested
shall be clearly demarcated in the field no more than seven days after
the timber harvesting plan has been filed with the Township for approval.
(3)
Upon Township approval of the timber harvesting plan, the provisions
of the approved plan shall be followed or observed throughout the
operation, and the plan shall be available at the harvest site at
all times during the operation and shall be provided to the Township
Zoning Officer upon request.
(4)
In addition to those forest best management practices selected
by a landowner or timber harvest operator, the following minimum acceptable
standards shall apply to all timber harvesting:
(a)
Diameter-limit cutting and selective cutting, as defined in
this Chapter, shall be prohibited.
(b)
Use of the clear-cut method on prohibitive slopes shall be prohibited.
(c)
Felling and skidding shall be undertaken in a manner which minimizes
damage to trees or other vegetation not intended to be harvested.
Practices that are encouraged include using bumper trees, exercising
special care when harvesting trees during the growing season (between
April and August), and avoiding wolf trees, den trees, and cavity
trees.
(d)
Felling or skidding across any municipal or state highway or
road is prohibited without the express written consent of the Township
or PADOT, whichever is responsible for the maintenance of said highway
or road.
(e)
Slash or tops resulting from a timber harvesting operation within
50 feet of a road or building shall be cut to a height of five feet
or less. The burning of slash or litter shall be prohibited.
(g)
Soils within the area proposed for timber harvesting shall not
be contaminated with fuels, lubricants, and other chemicals, and all
refuse resulting from a timber harvest shall be cleaned up daily,
and removed when the site is permanently vacated by the operator.
(h)
No timber harvesting shall be permitted within the first 25 feet of any riparian forest buffer as provided for in § 27-805 of this Chapter. Timber harvesting permitted within that portion of the riparian forest buffer beyond the first 25 feet shall comply with the provisions of § 27-805 of this Chapter.
[Ord. No. 196-2018, 9/12/2018]
A.
Fuel-dispensing stations, when not part of an auto service station,
shall be subject to the following standards and regulations:
(2)
Canopies for fuel-dispensing islands shall be designed to have
gabled roofs or be slanted in one direction, but shall not be flat.
(3)
Building materials for the canopy and attendant station shall
be architecturally compatible with the design of the development.
Outdoor storage of supplies is prohibited.
(4)
Canopies for fuel-dispensing islands shall be lit with recessed
lighting under the canopy. Light sources shall be shielded from the
view of surrounding properties.
(5)
Vehicular circulation at fuel-dispensing stations shall be designed
to provide adequate area between pumps to allow unimpeded travel between
fuel-dispensing islands when all fuel pumps are occupied. A minimum
of two cars (one at the fueling pump with one stacked behind) must
be accommodated from whichever direction(s) cars may queue to the
pump area.
(6)
Fuel-dispensing stations shall provide adequate stacking for
cars at each pump island without impeding interior traffic circulation.
(7)
Where such facility is located within a larger parking area
or shopping center, the facility shall include a traffic flow design
that insures safe internal traffic patterns within such larger area,
as well as safe ingress and egress to adjacent streets, so as to minimize
conflicts between vehicles, and between vehicles and pedestrians.
(8)
An attendant is required to be on-site during all hours of operation.
The attendant's location shall enable the unobstructed view of each
fueling facility.
(9)
Fuel dispensing stations shall provide approved oil separators
(including a written operation and periodic maintenance program to
insure their proper functioning) for all storm drains on the lot occupied
by such use that will receive stormwater runoff from such use or facility.
(10)
Fuel-dispensing stations shall provide protections satisfactory
to the Township to prevent spills, to clean spills quickly and to
prevent spilled fuel from entering the stormwater system. The protections
required by this Section may include, but are not limited to, employee
training, spill and hazard kits, safety equipment on pumps and underground
storage tanks and facilities in nearby stormwater inlets which block
and collect spilled fuel to prevent contamination of the stormwater
system. An ongoing inspection and maintenance program shall be provided.
[Ord. No. 196-2018, 9/12/2018]
A.
Funeral homes and crematoriums shall be subject to the following
standards and regulations:
(1)
The lot shall be served by public sewer and public water facilities.
(2)
A crematorium may be permitted as a use accessory to a funeral
home in the BI — Business Industrial District. However, a crematorium,
whether a principal or accessory use, shall be a prohibited use in
the MUR — Mixed Use Residential and MUC — Mixed Use Commercial
Districts.
[Ord. No. 196-2018, 9/12/2018]
A.
A golf course, and related ancillary and accessory uses, shall be
subject to the following standards and regulations:
(2)
A golf course may include an accessory club house, retail pro
shop, driving range, practice area and greens, restaurant, other recreation
activities, administrative offices and other directly related uses
provided that they are clearly subordinate to the golf course. The
area of the golf course devoted to these accessory uses and the parking
area for the golf course shall not exceed 5% of the total site area.
The applicant shall identify the uses and activities that are proposed
to be associated with the golf course.
(3)
No principal building shall be located within 100 feet of any
lot line. No permanent structure containing rest room facilities shall
be located within 30 feet of any lot line.
(4)
No green or tee area shall be closer than 50 feet to any property
line.
(5)
As a condition of approval, the approving entity may specify
hours of operation and may require protective mesh fencing when necessary
to provide protection to abutting properties and roads.
(6)
The golf course, or any associated driving range, practice area,
or practice putting green, shall not be lighted for night-time play.
(7)
Commercial driving ranges and practice putting greens, miniature
golf courses, and pitch and putt operations shall be regulated separately
as "recreation uses, outdoor."
(8)
The applicant shall provide a traffic impact study for the proposed use. The traffic impact study shall be prepared in accordance with the requirements of the Township Subdivision and Land Development Ordinance [Chapter 22].
(9)
Water Needs and Supply.
(a)
Any application for zoning approval shall include an analysis
of the quantity of raw water needs (groundwater or surface water)
from either private or public sources. If the source is from a municipal
system, the applicant shall submit documentation that the public authority
will supply the water needed.
(b)
A water system which does not provide an adequate supply of
water for the proposed golf course, considering both quantity and
quality, shall not be approved.
(c)
The applicant also shall submit a water feasibility study to enable the approving entity to evaluate the impact of the proposed golf course on the groundwater supply and on existing wells. The study shall be prepared, submitted, and evaluated in accordance with the terms of § 27-1020 that address the commercial use of water.
(d)
The application for zoning approval shall include a description of the intended means of sewage treatment and disposal. The proposed system shall be consistent with the preferred treatment and disposal methods stipulated in the Township Act 537 Sewage Facilities Plan, and shall comply with all applicable requirements of the Township Subdivision and Land Development Ordinance [Chapter 22], the Northwestern Chester County Municipal Authority, the Chester County Health Department, and the Pennsylvania Department of Environmental Protection.
[Ord. No. 196-2018, 9/12/2018]
A.
There shall be three categories of home occupations: no-impact, limited-impact,
and rural occupation. Such uses shall be permitted when in accordance
with the following standards and regulations:
(1)
No-Impact Home Occupation. No-impact home occupations shall
be permitted by right in all zoning districts as a permitted use,
provided such uses meet all of the following:
(a)
The use is carried on only by the inhabitant of the dwelling.
(b)
The use does not involve any customer or client visits to the
dwelling and there are no direct sales of products on the site.
(c)
There is no exterior indication, including but not limited to
signs, advertising or other display, that a home occupation is located
on the premises.
(d)
Commercial delivery and pick-up of goods and supplies is limited
to no more than once a week on average, exclusive of normal postal
and parcel service typically serving a residential area (e.g., USPS
and UPS).
(e)
The floor area devoted to the use shall not exceed 20% of the
total floor area of the principal residential structure or 400 square
feet, whichever is greater.
(2)
Limited-Impact Home Occupation. A home occupation that does
not meet one or more of the criteria listed under Subsection A(1)
above shall be defined as a limited-impact home occupation. Limited-impact
home occupations shall be permitted as set forth in the use regulations
under the zoning district regulations, subject to all other applicable
criteria of this Section and Chapter.
(3)
Rural Occupation. A rural occupation is accessory and secondary
to the principal residential and/or agricultural use of the property,
and shall be compatible with other existing and permitted uses on
the property and within the surrounding neighborhood and zoning district(s).
(4)
Prohibited Home Occupation. Prohibited no-impact and limited-impact
home occupations shall include the following uses, which shall be
classified as commercial or institutional uses:
(a)
Animal shelter, commercial kennel or veterinary office.
(b)
Rooming or boarding home.
(c)
Bed-and-breakfast.
(d)
Funeral home.
(e)
Restaurant.
(f)
Outdoor cafe.
(g)
Club or lodge.
(h)
Medical or dental clinic (two or more doctors or dentists).
(i)
Retail shop.
(j)
Rental business.
(k)
Furniture stripping.
(l)
Auto or small engine repair.
(m)
Painting of vehicles, trailers, or boats.
(n)
Manufacturing, repairing or other mechanical work performed
in connection with the home occupation performed in any outdoor area.
(o)
Private school with organized classes.
(p)
Welding shop.
(q)
Other uses of similar character to those listed above.
B.
Application Required. The applicant shall set forth in his application
that he will comply with all rules and regulations of all government
authorities having jurisdiction over the applicant's business. The
Zoning Officer shall determine whether a proposed home occupation
falls under the category of no-impact, limited-impact, rural occupation,
or prohibited. The applicant shall be responsible for supplying such
information as deemed necessary by the Zoning Officer to make this
determination, and for demonstrating compliance with the requirements
contained in this section and this chapter. The following requirements
for approval and permitting shall apply:
[Amended by Ord. No. 197-2019, 7/10/2019]
(1)
Upon determining that the proposed use is a no-impact home occupation
and is in conformance with the requirements of this chapter, the Zoning
Officer shall issue a zoning permit.
(2)
Where the Zoning Officer determines that the proposed use is a limited-impact home occupation, the use shall be permitted only as a special exception and shall require review and approval by the Zoning Hearing Board in accordance with the provisions of Part 14, Zoning Hearing Board, Granting of Special Exceptions, and the criteria of this section. The Zoning Hearing Board may attach such reasonable conditions and safeguards as it deems necessary to implement the purposes of this chapter. Following approval, the Zoning Officer shall issue a zoning permit.
(3)
Where the Zoning Officer determines that the proposed use is a rural occupation and meets the eligibility requirements for the applicable zoning district, and is in conformance with the other criteria and requirements of this section and Code, the Zoning Officer shall issue a use and occupancy permit. Establishment of a rural occupation may be subject to the requirements of Chapter 22, Subdivision and Land Development.
C.
A zoning permit for any home occupation shall not be transferable
to another property or to another type of home occupation. The permit
issued shall only be valid for the use and on the property for which
it was originally issued. In the event that a property with an existing
home occupation is sold, leased, or rented to someone other than the
original permit holder, the new owner, lessee or renter, shall be
required to obtain a home occupation permit, demonstrating full compliance
with the requirements of this Chapter and any other applicable regulations.
D.
The Zoning Officer can inspect the home occupations by request to
ensure that the requirements of this Section and other applicable
Township regulations are being carried out.
E.
General Standards Applicable to Home Occupations. The following standards
shall apply to all home occupations, whether no-impact, limited-impact,
or rural:
(1)
No more than one home occupation shall be permitted per lot.
However, a property with a rural occupation may be permitted a no-impact
home occupation, or a limited-impact home occupation, subject to the
review and approval requirements of this Section and any other applicable
regulations.
(2)
The practice of a home occupation shall be carried on entirely
within the dwelling which is the bona fide residence and under ownership
of the principal practitioner or contained entirely within an accessory
building and located on the same lot as the dwelling.
(3)
All applicants for a home occupation shall be required to obtain
a permit from the Township in accordance with the requirements of
Subsection B, above within 30 days prior to beginning operation of
the use.
(4)
There shall be no change in the exterior appearance of the dwelling,
any accessory building and/or the lot, which would cause the premises
to differ from its residential character by the use of advertising,
materials, show windows, or special lighting visible from the outside
of the premises to attract customers or clients, except those signs
permitted by this Chapter for limited-impact home occupations and
rural occupations. No public display of any goods and/or product,
information and/or advertising concerning any goods and/or product
or interior display shall be visible from the outside.
(5)
The home occupation shall not cause noise, glare, vibration,
fumes, dust and/or electrical interference beyond the property in
excess of levels customarily generated by a residential use.
(6)
There shall be no storage or use upon the premises of toxic,
explosive, polluting, dangerous, or other substances defined as hazardous
by the Pennsylvania Department of Environmental Protection, except
such minor quantities as usually and customarily utilized in connection
with residential uses.
(7)
With the exception of family day-care home, no home occupation
activity shall be conducted between the hours of 8:00 p.m., prevailing
time, and 7:00 a.m., prevailing time, which involves individuals entering
or leaving the premises or mechanical operations.
(8)
Deliveries from major commercial suppliers which may be disruptive
to the neighborhood shall not be made between the hours of 8:00 p.m.,
prevailing time, and 8:00 a.m., prevailing time.
(9)
There shall be no permanent exterior storage of material or
refuse resulting from the home occupation.
(10)
Any noncommercial vehicles utilized by the operator of the home occupation in the conduct of the home occupation shall be parked on the same lot as the home occupation and may be parked outside of a garage, carport, or enclosed structure. The outdoor parking of commercial vehicles shall be regulated by § 27-909B(3), except that rural occupations on residential lots smaller than two acres may park one commercial vehicle outdoors provided it complies with all other criteria set forth in § 27-909B(3)(b).
[Amended by Ord. No. 197-2019, 7/10/2019]
F.
Standards Applicable to No-Impact Home Occupations. In addition to
other applicable criteria of this Chapter, the following standards
shall apply to no-impact home occupations:
(1)
No employees shall be permitted, except the inhabitant of the
dwelling in which the home occupation is located who is the principal
of the no-impact home occupation.
(2)
A no-impact home occupation shall be permitted in any dwelling
type.
(3)
No retail sales, exclusive of telephone solicitation, may be
conducted.
(4)
The activity may be conducted only within the dwelling unit
and may not occupy more than 20% of the total floor area or 400 square
feet, whichever is greater.
(5)
The activity shall not require the delivery of materials and
goods by trucks larger than 26,001 pounds GVWR or having more than
two rear axles.
(6)
The activity may not generate any solid waste or sewage discharge
in volume or type that is not normally associated with residential
use in the neighborhood.
(7)
The activity may generate no more than 16 one-way vehicle trips
per day by customers, clients, salespersons, or suppliers.
(8)
Except where approved by the Zoning Hearing Board, a property
shall have no more than one no-impact home occupation per dwelling
unit. In addition, a no-impact home occupation shall be permitted
by right on the site of a rural occupation, where such use is authorized
under this Chapter.
(9)
Home occupations shall be limited to those occupations customarily
conducted within a dwelling unit. Such uses shall include:
(a)
Artists and artisans.
(b)
Authors and composers.
(c)
Beauticians and barbers.
(d)
Office facilities, excluding medical offices and dental offices.
(e)
Individual tutoring.
(f)
Preparation of food or food products to be sold or served off-site.
(g)
Individual musical instruction, provided that no instrument
shall be amplified to be audible at the property line.
(h)
Telephone solicitation.
(i)
Dressmaking, sewing, and tailoring.
(j)
A business activity which, as determined by the Zoning Officer,
will have no greater impact on the surrounding neighborhood, when
conducted as a home occupation, than those listed above.
G.
Standards Applicable to Limited-Impact Home Occupations. In addition
to other applicable criteria of this Chapter, the following standards
shall apply to limited-impact home occupations:
(1)
Limited-impact home occupations shall be permitted only in single-family
detached dwellings or an accessory structure to a single-family detached
dwelling.
(2)
The area used for a limited impact home occupation shall not
exceed 30% or 600 square feet of the total floor area of the principal
residential structure or accessory structure, except for family day-care
home which shall meet applicable state requirements.
(3)
No more than one person, other than resident members of the
immediate family, may be employed or subcontracted at the residence.
Use of nonresident employees must have prior approval from the Zoning
Hearing Board.
(4)
No more than two clients at any one given time are allowed to
be visiting to conduct business on the premises related to the limited-impact
home occupation.
(5)
One exterior sign no greater than a total of four square feet
in size shall be permitted per each limited-impact home occupation.
It shall not be illuminated or animated.
(6)
No articles shall be sold or offered for sale except those produced
on the premises. Such sales must have prior approval by the Zoning
Hearing Board.
(7)
Where employees or customer visits are anticipated, off-street
parking shall be provided in sufficient capacity to prevent interference
with normal residential parking in the neighborhood. Minimum off-street
parking requirements shall apply as designated in Part 9, General
Regulations.
(8)
Beauty parlors and barber shops may be permitted as a limited
home occupation provided that no more than two stylist or barber chairs
are provided and all other provisions of this Chapter are met.
(9)
Instructional services may be permitted as a limited home occupation
provided that a maximum of three students may be instructed at any
one time.
H.
Standards Applicable to Rural Occupations. In addition to other applicable
criteria of this Chapter, the following standards shall apply to rural
occupations:
(1)
The party proposing to conduct the rural occupation shall either
be the lot owner, or a member of the lot owner's immediate family
on which the use is to be located. The lot owner or a member of the
lot owner's immediate family shall also reside on the property on
which the use is to be located. Immediate family shall be defined
as the spouse, parents, grandparents, children, grandchildren and
great-grandchildren.
(2)
When there is a change in ownership or occupancy of the property
where a rural occupation exists or when there is a proposed change
in the type of business, the Zoning Officer shall review the proposed
change to see if it conforms to the original approval or if changes
shall be made.
(3)
Only one rural occupation may be permitted a limited-impact home occupation under § 27-1033A(2) of this Chapter, subject to approval of the Zoning Hearing Board, and is permitted to have a no-impact home occupation under § 27-1033A(1) of this Section.
(4)
A rural occupation does not require the deed restricting of
a parcel of land, and further subdivision of the parcel shall be permitted
only as long as the existing parcel continues to meet all criteria
outlined in this Chapter or any subsequent amendment to this Chapter.
(5)
Application Required. The applicant shall set forth in his application
that he will comply with all rules and regulations of all government
authorities having jurisdiction over the applicant's business. In
addition, the applicant shall provide all information necessary to
demonstrate compliance with the requirements contained in this Section
and this Chapter.
(6)
Permits and Inspections Required. A use and occupancy permit
is required prior to beginning a rural occupation. The issuance of
a use and occupancy permit for a rural occupation shall be deemed
an authorization of the Township Zoning Officer to inspect annually
and reissue the use and occupancy permit, based on compliance with
all requirements of this Chapter.
(7)
Uses Permitted. The following uses are permitted as rural occupations:
(a)
Blacksmith shop, farrier, farm equipment shop, tinsmithing,
or tool sharpening shop.
(b)
Butcher shop, bakery, or craft shop.
(c)
Processing of locally produced agricultural products.
(d)
Preparation of food or food products to be sold or served off-site.
(e)
Veterinary office.
(f)
The manufacturing, assembly, warehousing, sales, repair and/or
servicing of household articles, including such items as chairs, tables,
clocks, cabinets and other similar carpentry-type items, as well as
decorative iron work and other articles for use in the home.
(g)
Sales and repair of appliances and small engines.
(h)
Dry goods store.
(i)
Greenhouse.
(j)
Taxi, limousine, or hauling services, provided all vehicles
are housed inside the building used for the rural occupation.
(k)
Harness shop, plumbing shop, upholstery shop, shoe shop, printing
shop, tailor/dressmaking/sewing/hatters shop, welding or metal fabrication
services on a customer basis, or quilt shop.
(l)
Home builder/remodeling business, or other building trades.
(m)
Grain mills or feed supply operations.
(8)
Uses Prohibited. The following uses are prohibited as rural
occupations: animal rendering; fuel and fertilizer distribution; composting
and other farm waste storage facilities; recycling businesses; heavy
manufacturing such as the building and repair of dumpsters; automobile,
truck, boat or other motor vehicle sales, service and repair facilities;
wholesale distribution of industrial products, including lumber and
coal yards, building material storage yards, contractors' equipment
and storage yards, and commercial warehouses; any custom or commercial
hauling or spreading of solid, slurry or liquid wastes.
(9)
Hazardous Uses Prohibited. No use that requires application
or permitting by the PA DEP for the handling of hazardous waste or
other substances shall be permitted.
(10)
Use and Design Standards and Requirements. Rural occupations
shall be permitted in accordance with the following use and design
standards and requirements:
(a)
The following standards shall apply to a rural occupation:
|
Property Size
(gross acres)
|
Maximum Building Coverage (Principal Building)
(square feet)
|
Maximum Number of Employees (non-family members)
|
Maximum Land Area Devoted to Use
|
|---|---|---|---|
|
3 to 5
|
2,000
|
2
|
0.50 acres
|
|
>5 to 10
|
3,000
|
3
|
0.75 acres
|
|
>10 to 15
|
4,000
|
4
|
1.00 acres
|
|
>15 to 20
|
5,000
|
5
|
1.25 acres
|
|
>20
|
6,000
|
6
|
1.50 acres
|
(b)
Principal Rural Occupation Building. The rural occupation shall
be conducted within a completely enclosed accessory building. This
building shall be the principal rural occupation building, and may
be an existing accessory building at least one year old or a newly
constructed, conforming building. If a new building is constructed
for the rural occupation, it shall be located to the side or rear
of the principal dwelling unit, and shall be set back a minimum of
100 feet from all lot lines and rights-of-way.
(c)
Additional Buildings Permitted. The rural occupation may also
utilize two additional buildings, one to house a power supply and
one to store materials.
[1]
The power supply building shall not exceed 500
square feet and may be located adjacent to the principal rural occupation
building.
[2]
The storage building shall not exceed 50% of the
gross floor area of the principal rural occupation buildings, nor
exceed the height of the principal rural occupation building. The
storage building may be connected to the principal rural occupation
building, but such connection shall be by breezeway roof only.
(d)
Architectural Design. All rural occupation buildings shall be
designed and built to be visually consistent with traditional farmsteads
and residential uses and shall afford minimal external evidence of
the nature of the rural occupation.
(e)
Parking and Loading. All off-street parking and loading spaces
shall conform to Part 9, General Regulations. Parking lots shall be
provided only at the side or to the rear of the buildings housing
the rural occupation.
(f)
Performance Standards. The home occupation may not use any equipment or process that creates noise, vibration, glare, fumes, odors, or electrical interference, including interference with radio or television reception that is detectable in the neighborhood. Standards for compliance shall be those found in Part 9, General Regulations, of this Chapter.
(g)
Outdoor Storage. The outdoor storage of materials, products
or supplies connected with a rural occupation shall be permitted in
accordance with the following standards:
[1]
In no case shall outdoor storage be permitted in
the front yard of the building housing the rural occupation.
[2]
Materials, products or supplies shall not be stacked
to a height greater than 12 feet.
[3]
A vegetative screening buffer shall be provided
around the outdoor storage area to mitigate the visual impact from
adjoining properties and the street right-of-way in accordance with
the requirements of Part 9, General Regulations.
[4]
Any outdoor facility for hazardous chemicals, as
identified by the OSHA, shall be a double-walled tank or shall be
located on impervious pavement completely enclosed by an impervious
dike high enough to contain the total volume of liquid kept in the
storage area, plus the accumulated rainfall of a fifty-year storm.
Storage tanks for any petroleum products not exceeding 275 gallons
in size may be exempted from this requirement, provided they comply
with any applicable state or federal requirements.
(h)
Signs. One nonilluminated sign not exceeding eight square feet shall be permitted. Such sign shall be set back a distance at least equal to its height from every lot line and road right-of-way, shall not interfere with required sight triangles, and shall comply with all other applicable sign regulations in § 27-914, including specifically additional rural occupation sign regulations contained in § 27-914O(3)(b).
[Amended by Ord. No. 197-2019, 7/10/2019]
(i)
Retail Sales Permitted. When a rural occupation involves retail
sales, the sales and display area shall not exceed 15% of the first
floor area of the principal rural occupation building. The fifteen-percent
retail sales and display area shall not be in addition to the proposed
first floor area.
(j)
All roof-mounted storage/fuel tanks and other equipment shall
be suitably screened or enclosed so as not to be visible from any
property line or road, using materials visually compatible with the
building on which they are located.
(k)
Driveways. All rural occupations shall comply with the following
requirements:
[1]
All driveway intersections, whether existing or
proposed, shall conform to the sight distance requirements of the
Township or the Pennsylvania Department of Transportation, whichever
governmental body has jurisdiction. The applicant shall demonstrate
that the land use provides for the safe and efficient movement of
traffic.
[2]
Any rural occupation shall have a paved driveway
apron extending 30 feet into the parcel from the roadway. In addition,
access drives and parking areas shall be of sufficient length and
size to accommodate the off-road stacking of delivery and customer
vehicles.
[3]
The applicant shall furnish evidence from the Chester
County Health Department and/or the Pennsylvania Department of Environmental
Protection that an approved means of sewage disposal shall be utilized.
(l)
Waste Collection and Disposal. All rural occupations shall comply
with the following requirements:
[1]
All trash dumpsters shall be located within a side
or rear yard of the building used for the rural occupation and be
completely enclosed within a masonry or fenced enclosure equipped
with a self-latching door or gate.
[2]
Evidence shall be provided indicating that the
disposal of all material and wastes shall be accomplished in a manner
that complies with state and federal regulations. No burning of waste
shall be permitted; except that untreated or unpainted wood scraps
may be used for heating purposes. Proper disposal of materials and
wastes shall be done on a regular basis. All solid wastes generated
by a rural occupation shall be disposed of in a trash dumpster or
stored inside until the wastes can be disposed of properly.
(m)
Hours of Operation. Rural occupations shall only be conducted between the hours of 6:00 a.m. and 9:00 p.m., subject to the limitations in § 27-1033E regarding hours during which individuals and deliveries may enter/leave the premises and during which mechanical operations may occur.
[Amended by Ord. No. 197-2019, 7/10/2019[1]]
[1]
Editor's Note: This ordinance also provided for the repeal
of former Subsection H(10)(n), Vehicles used for Rural Occupation,
which immediately followed this subsection.
[Ord. No. 196-2018, 9/12/2018]
[Ord. No. 196-2018, 9/12/2018]
A.
Purpose. The intent of these regulations is to provide for the operation
of kennels in compliance with state laws (including the Municipalities
Planning Code and Dog Law) that are compatible with the enjoyable
use of properties by adjoining and neighboring residents and property
owners.
B.
Applicability. Kennels, boarding kennels, and animal shelters must
meet the following minimum standards and regulations:
(1)
A kennel shall be deemed a principal use of a property. Where
such use is located on a property containing a residential or agricultural
use, it shall be considered a second principal use. A boarding kennel
may be considered an accessory use where co-located within an animal
hospital or veterinary office/clinic. An animal shelter may be considered
as either a principal or accessory use, subject to the approval of
the Board of Supervisors.
(2)
Only one boarding kennel or animal shelter shall be permitted
on any eligible property. Up to two kennels (other than boarding kennels
or animal shelters) shall be permitted on any eligible property.
(3)
A kennel, boarding kennel, or animal shelter does not require
the deed restricting of a parcel of land; however, any further subdivision
of the parcel shall be permitted only as long as the use continues
to meet all criteria outlined in this Chapter or any subsequent amendment
to this Chapter.
C.
Permits Required. A use and occupancy permit is required prior to
beginning operation of a kennel, boarding kennel, or animal shelter.
Such permit shall be authorized after compliance with the standards
of this Section has been verified. A use and occupancy permit shall
be required annually beginning in the year after the initial use and
occupancy permit is issued. The applicant shall provide all information
necessary to demonstrate compliance with the requirements contained
in this Chapter, including a full site plan showing the location of
all buildings intended for primary enclosures, locations for disposal
of waste, outdoor exercise areas, employee and customer parking, supply
deliveries, fencing, buffering, and ingress and egress locations.
D.
Use and Design Standards. The following standards shall apply to
the operation of a kennel, boarding kennel or animal shelter:
(1)
Minimum Lot Area. The minimum gross lot area shall be two acres
for each kennel, boarding kennel, or animal shelter in the A —
Agricultural, RC — Resource Conservation, and BI — Business
Industrial Districts, unless the noncommercial kennel is located on
a property adjacent to a residential zoning district, in which case
the minimum gross lot area shall be five acres. The minimum gross
lot area shall be 10 acres for each commercial kennel, boarding kennel,
or animal shelter. In the MUC — Mixed Use Commercial District,
the minimum gross lot area shall be five acres for any veterinary
office/clinic or animal hospital that also offers a boarding service
without outdoor kennels or runs.
(2)
Minimum Setbacks. All buildings, exercise areas, outdoor runs,
structures and other appurtenances in which animals are housed or
allowed to move about shall be located at least 60 feet from all lot
lines or street right-of-way lines in the A — Agricultural or
RC — Resource Conservation Zoning Districts, and shall be located
at least 50 feet from all lot lines or street right-of-way lines in
the BI — Business Industrial Zoning District, unless the kennel
is located on a property adjacent to a residential zoning district,
in which case the required minimum setback in the A — Agricultural,
RC — Resource Conservation, and BI — Business Industrial
Districts shall be increased to 150 feet from all lot lines or street
right-of-way lines. Where the kennel is provided as part of a veterinary
office, veterinary clinic, or animal shelter, the building housing
the kennel shall have a setback of at least 150 feet from all lot
lines or street right-of-way lines, unless the property on which such
building is proposed or located is at least 10 acres in size, in which
case such setbacks shall be 300 feet. Accessory buildings and structures
not housing animals shall comply with the required standards in the
applicable zoning district.
(3)
All kennels, boarding kennels, or animal shelters shall comply
with all applicable state statutes and regulations relative to kennels
and the boarding of dogs, cats and other pets and sale and/or the
breeding of dogs.
(4)
No dog shows or competitions shall be permitted.
(5)
All kennels, boarding kennels, and animal shelters which are
adjacent to a residential zoning district shall be buffered from adjoining
properties by a planted screen or fence to reduce noise and decrease
visibility.
[Ord. No. 196-2018, 9/12/2018]
A.
A life plan community shall meet the following standards and regulations:
(1)
A tract of land to be developed for a life plan community shall
be under single and separate ownership, or, in the case of multiple
ownership, shall be developed according to a single overall plan with
common authority and responsibility for all components and phases
of the development.
(2)
When applying for zoning approval, the applicant shall submit
a plan for the overall design and improvement of the planned development.
A development plan for the entire tract of land containing the planned
mixed-use or mixed-use residential development shall be prepared.
The development plan shall link access, buildings, structures, and
open areas in a comprehensive manner.
(3)
The applicant shall also submit, as part of the zoning approval
submittal, an existing features plan in accordance with the provisions
of the Township Subdivision and Land Development Ordinance, prepared
at the same scale as the site plan provided in accordance with Subsection
A(2) above.
(4)
A life plan community shall include independent living residences,
assisted living residences and skilled nursing beds in a nursing facility
located on site, subject to the density limitations set forth herein.
(5)
A life plan community may include other uses intended principally
to serve the residents or staff of the life plan community or to facilitate
the operation and management of the community, including administrative
offices and operational facilities, child or adult day care, personal
service shops such as barber shop, beauty salon or commissary; branch
bank and/or automated teller machine; dining facilities; community
center; library; cultural, educational, social, religious and recreational
facilities; fitness center and swimming pool; physical therapy facilities,
physicians' offices, patient hostel, rehabilitative services center
or wellness center, specialized facilities for "memory care," or Alzheimer's
and/or dementia care, and other medical facilities, or other similar
uses. Any such facilities may be available for use or patronage by
persons other than those residing or employed within the life plan
community.
(6)
Development of any facilities within a life plan community,
including residential components, may be phased to reflect the anticipated
timing of need, subject to any conditions of approval imposed by the
approving entity. If at any time, the number of nursing beds or assisted
living residences exceeds actual demand from within the life plan
community, persons from outside the community may be permitted to
occupy such nursing beds or residences on a temporary basis.
(7)
Plans submitted for zoning approval shall include and demonstrate
adherence to a master plan for site demolition and/or retention of
existing buildings, improvements, and other existing features; and
for the layout of proposed buildings and open spaces, parking and
access management, fire protection and emergency medical services,
non-vehicular circulation and landscaping, including all components
and phases proposed for the development of the life plan community.
The master plan also shall document long-term ownership and management
means and proposed guarantees.
(8)
The architectural design of the life plan community shall include
finishes, textures, extensions, placement of glass and other features
to mitigate the visual impact(s) of larger buildings as viewed from
any street. At the time of zoning approval, the applicant shall demonstrate
that the overall design of the life plan community, in terms of the
locations, form, massing, height, and architecture of all structures
and facilities, as applicable, taken as a whole, shall minimize impacts
to surrounding residences, neighborhoods and public roads. The applicant
shall submit typical architectural elevations and landscaping cross-sections
as necessary to demonstrate compliance with this provision.
(9)
A coordinated system of nonmotorized, ADA-compliant, access
means shall be provided throughout the life plan community, including
sidewalks, bicycle routes, and trails as necessary to connect all
buildings and parking areas and to interconnect with pedestrian and
bicycle circulation means outside the development, where recommended
by the Township.
(10)
Wheelchair access to all dwelling units and community facilities,
in accordance with the Americans with Disabilities Act of 1990, (42
U.S.C. § 12101 et seq.) shall be provided in the design
of structures, pedestrian walkways and parking lots. Where practical
and desirable, buildings shall be interconnected by means of covered
or enclosed walkways.
(11)
The proposed use shall obtain all applicable state and federal
permits, licenses, and certificate of need, as applicable to the proposed
use, as well as zoning approval prior to the issuance of a zoning
permit.
[Ord. No. 196-2018, 9/12/2018]
A.
A medical clinic shall meet the following standards and regulations:
(1)
The minimum lot size shall be 15,000 square feet.
(2)
Parking areas shall be placed on the side or rear of the lot
only, except where the medical clinic is established within a planned
mixed-use development or shopping center, and the parking is integrated
with the larger use.
(3)
Site illumination shall be shielded from residential uses and
limited to parking and pedestrian walkways.
(4)
All loading and trash areas shall be properly screened in accordance
with Part 9, General Regulations.
[Ord. No. 196-2018, 9/12/2018]
A.
Medical marijuana dispensaries shall meet the following standards
and regulations:
(1)
The lot or property line of such business shall not be located
within 1,000 feet of the lot or property line of a public, private,
or parochial school or day-care center, as provided for by 35 P.S. § 10231.802.
Only the Pennsylvania Department of Health through the dispensary
permitting process may adjust or waive this provision.
(2)
Provide a copy of the permit for medical marijuana dispensary
issued by the Pennsylvania Department of Health.
(3)
Provide a copy of the security information for the dispensary
permit issued by the Pennsylvania Department of Health.
[Ord. No. 196-2018, 9/12/2018]
A.
Medical marijuana grower/processor uses shall meet the following
standards and regulations:
(1)
Provide a copy of the permit for medical marijuana growing/processing
issued by the Pennsylvania Department of Health.
(2)
Provide a copy of the security information for the growing/processing
permit issued by the Pennsylvania Department of Health.
(3)
No such business or activity may change to another type of business
or activity, except upon application to an approval by the Board of
Supervisors of such change as a conditional use subject to the criteria
set forth herein.
[Ord. No. 196-2018, 9/12/2018]
A.
Mini-warehouses or self-storage units shall meet the following standards
and regulations:
(1)
Access shall be from a collector or arterial street as defined
by the Honey Brook Township and Borough Multi-Municipal Comprehensive
Plan.
(2)
The use shall be subject to review by emergency personnel (police,
fire) regarding security and fire protection.
(3)
All self-service storage warehouse facilities shall be enclosed
by an open metal fence of not less than eight feet in height. Said
fencing may be placed outside of the building setback lines provided
that all screening required by this Chapter is between the fence and
the property lines.
(4)
All internal driveways and aisles which have traffic traveling
in two directions shall be at least 30 feet in width. Any driveway
which has traffic proceeding in one direction shall be at least 24
feet in width if it services self-storage facilities on both sides
of the driveway. If the driveway with traffic traveling in one direction
services self-storage facilities on only one side, it shall be a minimum
of 20 feet in width. Driveway designations, locations, and interior
circulation shall be set forth on the plans accompanying the land
development application.
(5)
The exterior fencing shall be provided with a lockable gate,
and said gate shall be kept locked except during such time that the
premises is open to the public or lessees of the facilities. During
such time that the premises are so open to the public, there shall
be an on-site manager provided, or his designee, who shall remain
on the premises during all hours that the facility is open. A manager's
quarters shall be permitted on the facility as an accessory use.
(6)
All storage shall be located within an enclosed building except
for any boat or recreational vehicle which may be stored outside in
designated areas, provided they are screened so as not to be visible
from adjacent streets, residential uses, or residentially zoned land.
The storage of partially dismantled, wrecked, inoperable, unlicensed
or unregistered vehicles is prohibited.
(7)
The storage of flammable liquids (except in the gas tanks of
boats or recreational vehicles stored outside), highly combustible
or explosive materials, or hazardous chemicals shall be prohibited.
(8)
The use of property utilized for self-storage shall be limited
to the storage of residential, commercial or professional goods or
records to which access is needed on a limited basis, i.e., general
wholesale or retail distribution or sales are prohibited.
(9)
Except as provided in Subsection A(10) below, all storage shall
be within closed buildings built on a permanent foundation of durable
materials. Trailers, box cars or similar impermanent or movable structures
shall not be used for storage.
(10)
Outdoor storage shall comply with the following requirements:
(a)
Outdoor storage of automobiles, boats, and recreation vehicles
is permitted provided they are screened so as not to be visible from
adjacent streets, residential uses or residentially zoned land.
(b)
A maximum of 20% of the total site area may be used for such
outdoor storage.
(c)
Stored vehicles shall not interfere with traffic movement through
the complex.
(11)
Lighting shall be in accordance with the requirements of Part
9, General Regulations.
[Ord. No. 196-2018, 9/12/2018]
A.
A multifamily dwelling is a residential building containing three
or more dwelling units, including, but not limited to, townhouses,
quadraplexes, and apartments, each with independent kitchen, bathroom
and bedroom facilities. Multifamily dwellings shall be permitted in
accordance with the following standards and regulations:.
(1)
The area and bulk regulations under the applicable zoning district
shall apply.
(2)
Multifamily developments consisting of multiple buildings shall
adhere to the following regulations:
(a)
The maximum length of a multifamily building shall be 160 feet.
(b)
Multifamily buildings are encouraged to be located in clusters
that create common open areas, rather than situated parallel to one
another. Where clustering is not feasible due to site conditions,
there shall be no more than three abutting buildings parallel to each
other within the development.
(c)
The following minimum separation distances between buildings
shall be met in order to provide individual units with some level
of privacy:
(3)
Staggered setback of dwelling units and a variation in facade
design shall be encouraged to offer visual variety, individualism,
and some private yard area. It is recommended that no more than three
contiguous units shall have the same facade setback within a building,
nor three contiguous units have the same facade. Changes in setbacks
shall be a minimum of two feet.
(4)
Buildings within the development shall be designed to provide
individual dwelling units with views and direct access to required
open areas.
(5)
Dwelling units shall be set back a minimum of 15 feet from common
parking areas and shall be set back a minimum of 25 feet from common
refuse areas. Dwelling units must be setback a minimum of 25 feet
from the tract boundary.
(6)
Sidewalks shall be provided to connect dwellings with parking
areas, recreational/open areas, and refuse facilities.
(7)
Buffering and landscaping shall be in accordance with Part 9,
General Regulations, in addition to which all areas not covered by
impervious surfaces shall be landscaped and, maintained with suitable
ground cover and plants. Existing vegetation is encouraged to be maintained
for landscaping purposes.
(8)
Required parking shall adhere to those standards set forth in
Part 9, General Regulations.
(a)
Parking areas shall be adequately landscaped to provide shade,
to screen vehicles from public streets, and to reduce glare and noise
within the development.
(b)
Parking lots shall be setback a minimum of 25 feet from any
right-of-way and shall be screened with landscaping.
(c)
Landscaping shall be provided around the perimeter of all parking
areas, except for access points and walkways.
[Ord. No. 196-2018, 9/12/2018]
A.
A municipal landfill shall meet the following standards and regulations:
(1)
Any landfill approved under the terms of this Section shall
be owned and operated by the Township or by an authority of which
the Township is an active participating member. The proposed facility
shall conform to all requirements of the Pennsylvania Department of
Environmental Protection.
(2)
All solid waste processing operations shall be conducted within
a wholly enclosed building.
(3)
No refuse shall be deposited or stored, and no building or structure
shall be located, within 300 feet of any lot line and 500 feet of
any land within a residential zone.
(4)
Any area used for the unloading, transfer, storage, processing,
incineration, or deposition of refuse must be completely screened
from ground-level view at the property line. The use of an earthen
berm is recommended whenever possible. In addition, such areas must
also be completely enclosed by an eight-foot-high fence, with no openings
greater than two inches in any direction.
(5)
The application for zoning approval must include written documentation
demonstrating how the applicant will comply with all applicable state
and federal standards and regulations.
(6)
All driveways into the site shall be paved for a distance of
at least 200 feet from the street right-of-way line. In addition,
a fifty-foot-long gravel section of driveway should be placed beyond
the preceding paved section to collect any mud that may have accumulated
on the wheels of any vehicles.
(7)
Access to the site shall be limited to those posted times when
an attendant is on duty. In order to protect against indiscriminate
and unauthorized dumping, all areas of the site shall be protected
by locked barricades, fences, gates, or other means to prohibit access
to the area at unauthorized times or locations.
(8)
Hazardous waste, as identified by the Pennsylvania Department
of Environmental Protection, shall not be disposed of within the subject
property.
(9)
The application for zoning approval must include a working plan
to prevent the scattering of debris and litter, as well as clean-up
of the same.
(10)
The facility shall employ qualified facility operators responsible
for supervising all activities relating to unloading, processing,
transfer, and deposition of solid waste.
(11)
Leak-proof and vector-proof containers shall be provided for
the storage of: [a] any waste that cannot be used in any disposal
process, or [b] material that is to be recycled. Such containers shall
be designed to prevent their being carried by wind and/or water and
shall be stored within a wholly enclosed building.
(12)
No more solid waste shall be stored on the property than is
necessary to keep the facility in constant operation. Under no circumstance
shall such waste be stored longer than 72 hours.
(13)
Any application for zoning approval shall include a contingency
plan for the disposal of solid waste in the event of a facility shutdown.
(14)
Leachate from the solid waste shall be disposed of in a manner
in compliance with all applicable state and federal laws or regulations.
If leachate is to be discharged to a municipal sewage facility, appropriate
permits shall be obtained from the applicable agencies and authorities.
In no event shall leachate be disposed of in a storm sewer, to the
ground, or in any other manner inconsistent with Department of Environmental
Protection regulations.
(15)
Water Needs and Supply.
(a)
Any application for zoning approval shall include an analysis
of the quantity of raw water needs (groundwater or surface water)
from either private or public sources. If the source is from a municipal
system, the applicant shall submit documentation that the public authority
will supply the water needed.
(b)
A water system which does not provide an adequate supply of
water for the proposed landfill, considering both quantity and quality,
or does not provide for adequate groundwater recharge considering
the water withdrawn by the proposed landfill, shall not be approved.
(c)
The applicant also shall submit a water feasibility study to enable the approving entity to evaluate the impact of the proposed landfill on the groundwater supply and on existing wells. The study shall be prepared, submitted, and evaluated in accordance with the terms of § 27-1020 that address the commercial use of water.
(16)
Any application for zoning approval shall provide an analysis
of the physical conditions of the primary road system serving the
proposed landfill. The analysis shall include information on the current
traffic flows on this road system and projections of the amount and
type of traffic generated by the proposed landfill. Improvements to
the road or roads shall be provided by the applicant to assure safe
turning movements to and from the site and safe through-movements
on the existing roads.
(17)
A perimeter landscaped buffer area not less than 100 foot in
width shall be located along all property lines. No structures, storage,
parking, or any other related activity or operation shall be permitted
within this landscaped area. Any fence or other nonvegetative screening
erected on the site shall not be located within this landscaped area.
[Ord. No. 196-2018, 9/12/2018]
A.
General Requirements for Non-Tower Wireless Communication Facilities
(WCF). The following standards and regulations shall apply to all
non-tower wireless communications facilities, regardless of location:
(1)
Permitted in All Zoning Districts Subject to Regulations. Non-tower
WCFs are permitted by right in all zoning districts subject to the
restrictions and conditions prescribed below and subject to the prior
written approval of the Township. Applicants proposing installations
on existing buildings or towers shall submit evidence of agreements
and/or easements necessary to provide access to the existing building
or tower so that installation and maintenance of the equipment can
be accomplished.
(2)
Standard of Design and Care. Any non-tower WCF shall be designed,
constructed, operated, maintained, repaired, modified and removed
in strict compliance with all current applicable technical, safety
and safety-related codes, including, but not limited to, the most
recent editions of the American National Standards Institute (ANSI)
Code, National Electrical Safety Code, Pennsylvania Construction Code
Act and Regulations and National Electrical Code, and shall not affect
pedestrian or vehicular traffic. Design certification from a Pennsylvania
registered professional engineer is required to attest that the existing
structure can adequately support the proposed equipment installation.
Detailed construction and elevation drawings, indicating antenna locations
and mounting design, shall be submitted by the applicant. Any WCF
shall at all times be kept and maintained in good condition, order
and repair by qualified maintenance and construction personnel, so
that the same shall not endanger the life of any person or any property
in the Township.
(3)
Wind. Any non-tower WCF structures shall be designed to withstand
the effects of wind according to the standard designed by the American
National Standards Institute as prepared by the engineering departments
of the Electronics Industry Association, and Telecommunications Industry
Association (ANSFEINTIA-222-E Code, as amended).
(4)
Public Safety Communications. No non-tower WCF shall interfere
with public safety communications or the reception of broadband, television,
radio or other communications services enjoyed by occupants of nearby
properties.
(5)
Aviation Safety. Non-tower-based WCFs shall comply with all
federal and state laws and regulations concerning aviation safety,
and any applicable airport zoning regulations, if any. The WCF applicant
shall furnish a statement from the FCC, FAA and Commonwealth Bureau
of Aviation that the non-tower-based WCF complies with applicable
regulations or is exempt from these regulations.
(6)
Radio Frequency Emissions. No non-tower WCF may, by itself or
in conjunction with other WCFs, generate radio frequency emissions
in excess of the standards and regulations of the FCC, including but
not limited to, the FCC Office of Engineering Technology Bulletin
65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure
to Radio Frequency Electromagnetic Fields," as amended.
(7)
Historic Buildings. Non-tower WCFs may not be located on a building
or structure that is listed on either the National or Pennsylvania
Registers of Historic Places or on any property or structure which
has been designated by the Township as being of historic significance.
(8)
Removal. In the event that use of a non-tower WCF is discontinued,
the owner shall provide written notice to the Township of its intent
to discontinue use and the date when the use shall be discontinued.
Unused or abandoned WCFs or portions of WCFs shall be removed as follows:
(a)
All abandoned or unused non-tower WCFs and accessory facilities
shall be removed within three months of the cessation of operations
at the site unless a time extension is approved by the Township.
(b)
If the non-tower WCF or accessory facility is not removed within
three months of the cessation of operations at a site, or within any
longer period approved by the Township, the non-tower WCF and/or associated
facilities and equipment may be removed by the Township and the cost
of removal assessed against the owner of the WCF.
(9)
Timing of Approval. Within 30 calendar days of the date that an application for a non-tower WCF is filed with the Township, the Township shall notify the applicant in writing of any information that may be required to complete such application. Except as provided for in § 27-1043B(3) below, the Township shall make its final decision on whether to approve an application within 60 calendar days of receipt of such application and shall advise the applicant in writing of such decision. If additional information was requested by the Township to complete an application, the time required by the applicant to provide the information shall not be counted toward the Township's sixty-day review period.
(10)
Permit Fees. The Township may assess appropriate and reasonable
permit fees directly related to the Township's actual costs in reviewing
and processing the application for approval of a non-tower WCF.
(11)
Stealth Technology/Aesthetic Impact. The WCF shall employ the
most current stealth technology available in an effort to appropriately
blend into the surrounding environment and minimize aesthetic impact.
The application of the stealth technology chosen by the WCF applicant
shall be subject to the approval of the Township. The Township retains
the right to deny an application for the construction or placement
of a non-tower WCF based upon visual and/or land use impact.
(12)
The regulations set forth herein for non-tower wireless communications
facilities shall not apply to noncommercial antennas and towers (as
defined).
B.
Substantial Change to Non-Tower WCF. In addition to the provisions in § 27-1043A, the following regulations shall also apply to all non-tower wireless communication facilities that substantially change (see definitions) the physical dimensions of the WCF itself or the wireless support structure to which they are attached:
(1)
Retention of Experts. The Township may hire any consultant(s)
and/or expert(s) necessary to assist the Township in reviewing and
evaluating the application for approval of the WCF and, once approved,
in reviewing and evaluating any potential violations of the terms
and conditions of this Chapter. The applicant and/or owner of the
WCF shall reimburse the Township for all costs of the Township's consultant(s)
in providing expert evaluation and consultation in connection with
these activities.
(2)
Bond. Prior to the issuance of a permit, the owner of each individual
non-tower WCF shall, at its own cost and expense, obtain from a surety
licensed to do business in Pennsylvania and maintain a bond, or other
form of security acceptable to the Township Solicitor, in an amount
of $25,000 for each individual non-tower WCF, to assure the faithful
performance of the terms and conditions of this Chapter. The bond
shall provide that the Township may recover from the principal and
surety any and all compensatory damages incurred by the Township for
violations of this Chapter, after reasonable notice and opportunity
to cure. The owner shall file a copy of the bond with the Township.
(3)
Timing of Approval. Within 30 calendar days of the date that
an application for a non-tower WCF is filed with the Township, the
Township shall notify the applicant in writing of any information
that may be required to complete such application. Within 90 calendar
days of receipt of a complete application for a non-tower WCF that
constitutes a substantial change, the Township shall make its final
decision on whether to approve the application and shall advise the
applicant in writing of such decision. If additional information was
requested by the Township to complete an application, the time required
by the applicant to provide the information shall not be counted toward
the Township's ninety-day review period.
(4)
License and Insurance. In addition, the applicant shall submit
a copy of its current Federal Communications Commission (FCC) license;
the name, address and emergency telephone number for the operator
of the communications tower or antennae; and a certificate of insurance
evidencing general liability coverage in the minimum amount of $1,000,000
per occurrence and property damage coverage in the minimum amount
of $1,000,000 per occurrence covering the communications tower or
antenna.
(5)
If such non-tower WCF that constitutes a substantial change
is located outside the rights-of-way, then the following additional
requirements shall apply:
(a)
Development Regulations. Non-tower WCFs shall be co-located
on existing structures, such as existing buildings or tower-based
WCFs subject to the following conditions:
[1]
The combined maximum height of the WCF and wireless
support structure does not exceed 125 feet.
[2]
If the WCF applicant proposes to locate the communications
equipment in a separate building, the building shall comply with the
minimum requirements for the applicable zoning district.
[3]
A minimum eight-foot-high security fence shall
surround any separate communications equipment building. Vehicular
access to the communications equipment building shall not interfere
with the parking or vehicular circulations on the site for the principal
use.
(b)
Design Regulations.
[1]
Non-tower WCFs, which are mounted to a building
or similar structure, may not exceed a height of 15 feet above the
roof or parapet, whichever is higher, unless the WCF applicant obtains
a special exception from the Township's Zoning Hearing Board.
[2]
All non-tower WCF applicants must submit documentation
to the Township justifying the total height of the non-tower structure.
Such documentation shall be analyzed in the context of such justification
on an individual basis.
[3]
Antennae, and their respective accompanying support
structures, shall be no greater in diameter than any cross-sectional
dimension than is reasonably necessary for their proper functioning.
(c)
Removal, Replacement, Modification.
[1]
The removal and replacement of non-tower WCFs and/or
accessory equipment for the purpose of upgrading or repairing the
WCF is permitted, so long as such repair or upgrade does not increase
the overall size of the WCF or the numbers of antennae.
[2]
Any material modification to a wireless communication
facility shall require a prior amendment to the original permit or
authorization.
(d)
Inspection. The Township reserves the right to inspect any WCF
to ensure compliance with the provisions of this Chapter and any other
provisions found within the Township Code or state or federal law.
The Township and/or its agents shall have the authority to enter the
property upon which a WCF is located at any time upon reasonable notice
to the operator, to ensure such compliance.
C.
Non-Tower WCFs Inside Rights-of-Way. In addition to the provisions in § 27-1043A, and § 27-1043B if applicable, the following regulations shall also apply to all non-tower wireless communication facilities located in the rights-of-way (ROW), regardless of whether they constitute a substantial change or not:
(1)
Co-location. Non-tower WCFs in the ROW shall be co-located on
existing poles, such as existing utility poles or light poles. If
co-location is not technologically feasible, the WCF applicant shall
locate its non-tower WCF on existing poles or freestanding structures
that do not already act as wireless support structures with the Township's
approval.
(2)
Design Requirements.
(a)
WCF installations located above the surface grade in the public
ROW including, but not limited to, those on streetlights and joint
utility poles, shall consist of equipment components that are no more
than six feet in height and that are compatible in scale and proportion
to the structures upon which they are mounted. All equipment shall
be the smallest and least visibly intrusive equipment feasible.
(b)
Antennae and all support equipment shall be treated to match
the supporting structure. WCFs and accompanying equipment shall be
painted, or otherwise coated, to be visually compatible with the support
structure upon which they are mounted.
(c)
Compensation for ROW Use. In addition to permit fees as described
above, every non-tower WCF in the ROW is subject to the Township's
right to fix annually a fair and reasonable compensation to be paid
for use and occupancy of the ROW. Such compensation for ROW use shall
be directly related to the Township's actual ROW management costs
including, but not limited to, the costs of the administration and
performance of all reviewing, inspecting, permitting, supervising
and other ROW management activities by the Township. The owner of
each non-tower WCF shall pay an annual fee to the Township to compensate
the Township for its costs incurred in connection with the activities
described above. The annual ROW management fee for non-tower WCFs
shall be determined by the Township and authorized by resolution of
Township Board of Supervisors and shall be based on the Township's
actual ROW management costs as applied to such non-tower WCF.
(3)
Time, Place and Manner. The Township shall determine the time,
place and manner of construction, maintenance, repair and/or removal
of all non-tower WCFs in the ROW based on public safety, traffic management,
physical burden on the ROW, and related considerations. For public
utilities, the time, place and manner requirements shall be consistent
with the police powers of the Township and the requirements of the
Public Utility Code.
(4)
Equipment Location. Non-tower WCFs and accessory equipment shall
be located so as not to cause any physical or visual obstruction to
pedestrian or vehicular traffic, or to otherwise create safety hazards
to pedestrians and/or motorists or to otherwise inconvenience public
use of the ROW as determined by the Township. In addition:
(a)
In no case shall ground-mounted equipment, walls, or landscaping
be located within 18 inches of the face of the curb or within an easement
extending onto a privately owned lot.
(b)
Ground-mounted equipment shall be located underground. In the
event an applicant can demonstrate, to the satisfaction of the Township
Engineer, that ground-mounted equipment cannot be undergrounded, then
all such equipment shall be screened, to the fullest extent possible,
through the use of landscaping or other decorative features to the
satisfaction of the Township.
(c)
Required electrical meter cabinets shall be screened to blend
in with the surrounding area to the satisfaction of the Township.
(d)
Any graffiti on any wireless support structure or on any accessory
equipment shall be removed at the sole expense of the owner within
10 business days of notice of the existence of the graffiti.
(e)
Any underground vaults related to non-tower WCFs shall be reviewed
and approved by the Township.
(f)
Non-tower WCFs shall not be located within an easement other
than a utility easement.
(g)
New ground-mounted cabinets shall not be installed above ground
directly in front of a residential structure.
(5)
Relocation or Removal of Facilities. Within 60 days following
written notice from the Township, or such longer period as the Township
determines is reasonably necessary or such shorter period in the case
of an emergency, an owner of a WCF in the ROW shall, at its own expense,
temporarily or permanently remove, relocate, change or alter the position
of any WCF when the Township, consistent with its police powers and
applicable Public Utility Commission regulations, shall have determined
that such removal, relocation, change or alteration is reasonably
necessary under the following circumstances:
(a)
The construction, repair, maintenance or installation of any
Township or other public improvement in the right-of-way.
(b)
The operations of the Township or other governmental entity
in the right-of-way.
(c)
Vacation of a street or road or the release of a utility easement.
(d)
An emergency as determined by the Township.
(6)
The Township shall be named as an additional insured on all
applicable insurance policies.
[Ord. No. 196-2018, 9/12/2018]
A.
An outdoor cafe shall meet the following standards and regulations:
(1)
Prior to constructing or maintaining an outdoor cafe, an applicant
for this use shall first apply for and secure a permit from the Township
in accordance with the following:
(a)
An applicant shall submit in writing to the Zoning Officer,
along with the required fee, an application including the following:
[1]
Name of address of the applicant.
[2]
Plan specifying the location of the outdoor cafe,
including a calculation of proposed occupant amount, seating capacity,
and location.
[3]
Written consent of the property owner, if other
than the applicant.
[4]
Indoor seating capacity.
[5]
Other similar information as may be required from
time to time.
(b)
No action shall be taken on any application for a permit under
this Section until the application has been completed fully and the
application fee, as required by the schedule of fees established and
amended from time to time by resolution of the Board of Supervisors,
paid in full.
(2)
The outdoor cafe shall have a minimum indoor seating capacity
of 15 persons.
(3)
Outdoor cafe uses, adjacent to residential uses, shall stop
serving customers on or before 9:00 p.m. prevailing time on weekdays
and clear all tables of food, beverages, and customers on or before
10:00 p.m., and 10:00 p.m. prevailing time on weekends and clear all
tables of food, beverages, and customers on or before 11:00 p.m.
(4)
Any beverages shall not be served in glass containers.
(5)
This use shall not be located on or extend onto a public sidewalk
or right-of-way.
(6)
This use shall be associated with a principal use of a restaurant
or tavern and shall be located abutting that building in which the
principal use is located, and shall be located on the same lot as
that principal use.
(7)
The outdoor cafe should be separated from parking areas or traffic
flow area by fencing or buffering; however, in any location where
the outdoor cafe is not separated from the flow of traffic or parking
areas, no table shall be located within five feet of the curb or the
boundary of that area, whichever is closer.
(8)
The applicant shall maintain the outdoor cafe in accordance
with all Township ordinances and state and federal laws, as well as
rules and regulations promulgated and adopted by the Township which
pertain to this use.
(9)
The applicant shall remove the outdoor cafe within 10 days after
written notice of the Township or Zoning Officer determines that this
use is detrimental to the health, safety, and general welfare of the
Township or its residents as follows:
(10)
The Township may, from time to time, add regulations or rules
that it deems necessary to facilitate the purposes, as defined, and
functioning of this use, and these rules and regulations shall be
approved by Board of Supervisors.
[Ord. No. 196-2018, 9/12/2018]
A.
An outdoor farm market shall meet the following standards and regulations:
(1)
Establishment of an outdoor farmers' market shall be sponsored
by one or more organization(s) or governmental entity, and will be
wholly responsible for the organization, operation, clean-up, and
safety of the outdoor market event.
(2)
The outdoor farmers market may operate any time between 7:00
a.m. and 7:00 p.m., with set-up and take-down permitted no more than
one hour before 7:00 a.m. or after 7:00 p.m.
(3)
The sponsoring organization or governmental entity shall coordinate
the dates and times, site layout, parking, vehicle storage, and other
key elements of the event with the State Police and local emergency
services at least 30 days in advance of the opening day of the market.
A managing representative of the sponsoring organization shall be
present during the outdoor farmers' market hours of operation to oversee
the event and to insure that all conditions of zoning approval, and
these standards, are observed at all times.
(4)
The sponsoring organization or governmental entity shall provide
a sufficient number of portable public restroom facilities to meet
anticipated crowd levels and be responsible for their maintenance
and removal after the close of each outdoor market day.
(5)
Items to be sold at the outdoor market shall exclude any products of a national chain or franchise, alcoholic beverages, firearms, tobacco, motor vehicles, antiques, collectables, adult toys or novelties, or any other product or item that is not consistent with the definition of outdoor farmers' market contained in Part 2 of this Chapter.
[Ord. No. 196-2018, 9/12/2018]
A.
A personal care home shall be subject to the following standards
and regulations:
(1)
Requirements for sewage facilities, water supply, and area and
bulk shall be those applicable to a single-family detached dwelling
in the zoning district where the personal care home is permitted by
this Chapter.
[Ord. No. 196-2018, 9/12/2018]
A.
Planned mixed-use commercial development and planned mixed-use residential
development shall meet the following standards and regulations:
(1)
When applying for zoning approval, the applicant shall submit a plan for the overall design and improvement of the planned development. A development plan for the entire tract of land containing the planned mixed-use or mixed-use residential development shall be prepared per the site plan requirements of § 27-1302B. The development plan shall link access, buildings, structures, and open areas in a comprehensive manner.
(2)
The applicant shall also submit, as part of the zoning approval
submittal, an existing features plan in accordance with the provisions
of the Township Subdivision and Land Development Ordinance, prepared
at the same scale as the site plan provided in accordance with Subsection
A(1) above.
(3)
Any zoning approval application for a planned mixed use commercial
or mixed use residential development shall be accompanied by submission
of architectural drawings and/or plans of sufficient detail to illustrate
the character of the intended exterior design of all structures, including:
(4)
Zoning approval shall be contingent upon agreement by the applicant
or applicants that the tract shall be developed under single direction
in accordance with the terms of approval granted by the approving
entity.
(5)
Only those uses permitted in the MUC or MUR District in which
a planned mixed-use development is proposed shall be allowed in that
planned mixed-use development.
(6)
Uses such as multifamily dwellings, life plan community, or
any other use permitted in the underlying zoning district in which
a planned mixed-use or mixed-use residential development is permitted
shall comply with the supplemental requirements of that use in accordance
with this Part.
(7)
The following uses shall be permitted as accessory to any office or commercial mixed-use development: child day-care facility meeting the requirements of § 27-1023; cafeteria or restaurant for use primarily by employees of the use; and recreational uses designed for use primarily for employees of the use.
(8)
Vehicular access for the use shall from a collector or arterial
road as classified by the Honey Brook Township and Borough Multi-Municipal
Comprehensive Plan. Where access cannot be provided from a collector
or arterial, access from a local street in a residential district
or area should be avoided wherever possible. The tract and uses therein
shall have access via a common ingress and egress.
(9)
Interior roadways for access and circulation shall be provided in accordance with the standards in the Township Subdivision and Land Development Ordinance [Chapter 22].
(10)
Curbs and sidewalks shall be provided along all public rights-of-way.
Sidewalks abutting a public right-of-way shall coordinate with an
internal pedestrian circulation system which allows for safe and convenient
movement of pedestrians. Sidewalk and trail improvements shall reflect
their continuation through any adjoining neighborhood, tract, or parcel.
(11)
Parking, landscaping, buffers and screening, lighting, signs,
and access shall be in accordance with Part 9, General Regulations.
(12)
There shall be a landscaped perimeter buffer along all side
and rear property lines that abut an agricultural or residential zoning
district or an agricultural or residential use. The minimum buffer
width shall be as follows:
(a)
Fifteen feet where proposed single-family dwellings abut existing
single-family dwellings;
(b)
Twenty-five feet where proposed multifamily dwellings abut existing
multifamily dwellings;
(c)
Thirty-five feet where proposed nonresidential buildings abut
any existing residential dwelling.
(d)
No improvements other than sidewalks, paths, and stormwater
conveyances shall be permitted within the landscaped perimeter buffer.
(13)
No parking or loading facilities, excluding sidewalks and paths,
and necessary access ways to a public street, shall be located closer
than 25 feet from any lot line, and less than 10 feet from any street
line.
(14)
To the extent that parking areas are visible from public streets,
visual impacts shall be mitigated through introduction of landscape
screening, architectural block walls, landscaping combined with pedestrian
paving materials, or other design means acceptable to the Township.
(15)
Where any individual commercial building facade is visible from
any public right-of-way and exceeds 40 feet in length, there shall
be both a clear dimensional differentiation of roofline, and an offset
in facade of at least 10 feet to create effective facades that are
no longer than 40 feet. Street trees with tree wells, or other streetscape
and pedestrian amenities, shall be used to balance facade offsets.
The Township may allow a commercial building with a facade longer
than 40 feet if the proposed design emulates characteristic historical
building forms such as barns, stables, churches, meeting houses, or
other public buildings. Building arrangements which rely on repeated
use of the same long facade element shall not be approved. Where an
individual commercial building facade exceeds 40 feet in length, the
building design or use layout shall limit the length of the streetscape
frontage occupied by any one use to the greatest extent practicable
by providing for inviting, interior accessory or independent business
uses with the streetscape-fronting portion of the building (e.g.,
the cafe and/or floral operations within a grocery store, or a small,
independent service or retail use). In all cases, blank walls, facades,
and windows shall be kept to a minimum.
(16)
No less than 20% of the gross tract area shall be permanently restricted as common open space for a planned mixed use residential development. The open space shall meet the requirements of Chapter 22, Subdivision and Land Development.
(17)
For shopping centers or mixed commercial developments, the application
shall be accompanied by a working plan for the clean-up and disposal
of litter, and trash receptacles shall be provided outside any establishment
with take-out service or convenience shopping.
(18)
Establishments storing outdoor shopping carts or having other outdoor storage shall provide defined areas on the site for storage which shall be clearly marked and defined for storage. Other than shopping carts, no permanent storage of merchandise, articles or equipment shall be permitted outside a building, unless screened in accordance to Part 9, General Regulations.
[Ord. No. 196-2018, 9/12/2018]
A.
Any public, private, or trade school shall be subject to the following
standards and regulations:
(1)
All off-street parking facilities shall be set back not less
than 25 feet and screened from adjoining lot lines.
(2)
All principal structures shall be set back at least 100 feet
from any lot used for agricultural or residential purposes.
(3)
Outdoor recreation areas shall be provided for all educational
facilities below the college level at a rate of 100 square feet per
individual enrolled. Off-street parking areas shall not be utilized
as recreation areas, and recreation areas shall not be located within
the front yard and must be set back at least 25 feet from all other
lot lines. Except where separated by a minimum of 300 feet, outdoor
recreation areas shall be screened from adjoining agriculturally zoned
or residentially zoned properties and properties in agricultural or
residential use by means of fences, plantings, or decorative enclosures
sufficient to screen activities from adjacent lots. Fencing shall
be provided at all locations where public safety is at issue. Any
vegetative materials located within the recreation area shall be nonharmful
(i.e., not thorny, poisonous, allergenic, etc.).
(4)
For any school with an enrollment of 50 or more students, the applicant shall provide a traffic impact study for the proposed use. The traffic impact study shall be prepared in accordance with the requirements stated in the Township Subdivision and Land Development Ordinance [Chapter 22].
(5)
Enrollment, for the purposes of this Section, shall be defined
as the largest number of students on the site at any one time during
a seven-day time period.
[Ord. No. 196-2018, 9/12/2018]
A.
Where an applicant secures an exemption from zoning requirements
through petition to the Pennsylvania Public Utility Commission in
accordance with the terms of § 619 of the MPC, 53 P.S. § 10619,
as otherwise required by this Chapter shall not be required. In such
case, however, the following regulations shall be required:
(1)
The minimum lot area and lot width requirements of the base
zoning district shall not be applicable.
(2)
Any principal building or structure shall be located no closer
than 100 feet from any lot line.
(3)
The maximum impervious surface and maximum height limits of
the base zoning district shall be applicable.
(4)
The approving entity shall give particular attention to measures
proposed by the applicant to protect neighboring properties from excessive
noise, light, or other visual intrusion, and may impose specific conditions
to ameliorate such potential impacts.
[Ord. No. 196-2018, 9/12/2018]
A.
Any quarrying or mining operation shall be subject to the following
standards and regulations:
(1)
The minimum gross lot area for any quarry shall be five acres. The lot width, yard, and impervious surface requirements of § 27-1803C of this Chapter shall be applicable to a quarry.
(2)
All applicable rules and regulations promulgated by the Pennsylvania
Department of Environmental Protection, 25 Pa.Code, Chapter 77, and
25 Pa. Code, Chapter 123, are incorporated herein by reference as
though more fully set forth herein. Any violation of such regulations
shall constitute a violation of this Chapter.
(3)
The applicant shall file with the Township duplicate sets of
applications and supporting data submitted to the Department of Environmental
Protection as part of any quarrying or mining application. A copy
of each permit or violation issued to the applicant by the Department
of Environmental Protection shall be filed with the Township within
two weeks of receipt by the operator.
(4)
Vegetative screening shall be provided along the perimeter of
the property as required by Part 9, General Regulations. Such screening
also shall be provided along any public road frontage.
(5)
A substantial fence or earthen barrier measuring at least six
feet in height shall be placed around the area of actual quarrying
to prevent unauthorized persons form entering the area.
(6)
Any application for use as a quarry shall meet the requirements of § 27-1042A(15) regarding water needs and supply.
(7)
Any application for use as a quarry shall meet the requirements of § 27-1042A(16) regarding traffic, road conditions, and road improvements.
(8)
Quarrying shall be undertaken only with respect to minerals
occurring naturally on the property. Spoil piles, slag, solid waste,
or other materials shall not be brought to the property for the extraction
of minerals.
(9)
No quarry or other surface mining operation shall generate or
emit air pollutants or noise in excess of standards established by
the Commonwealth of Pennsylvania.
(10)
All quarries, surface mines, or other areas where minerals are
extracted by the surface mining method shall comply with the requirements
of the Surface Mining Conservation and Reclamation Act, 52 P.S. § 1396.1
et seq., and its rules and regulations, and/or any other applicable
state law, rules, and regulations, as presently existing or as may
be hereafter enacted or promulgated, which rules and regulations are
incorporated herein by reference. Any violation of such statute, rule,
or regulation shall constitute a violation of this Chapter.
(11)
All quarries, surface mines, or other areas where minerals are
extracted by the surface mining method, excluding extraction of minerals
by a landowner for his own noncommercial purposes from land owned
or leased by him, but including all other extractions, shall be licensed
under the Surface Mining Conservation and Reclamation Act, 52 P.S. § 1396.1
et seq., and/or any other applicable state law.
(12)
Gates shall be located at all entrances and shall be locked
except during business hours.
(13)
All explosives shall be stored in a permanent building properly
located in accordance with state law, rules, and regulations.
(14)
All blasting operations shall conform to the latest regulations
of the Pennsylvania Department of Mines and Mineral Industries and
also with all applicable federal laws, rules, and regulations. Blasting
shall not be permitted between 5:00 p.m. and 7:00 a.m. the following
day, nor at any time on Sundays or holidays.
(15)
All proposed entrances and exits to the operation shall be designed
and improved in a manner which does not allow mud or gravel to be
deposited or accumulate on or along abutting public streets.
(16)
Where the subject property is adjacent to a property containing
a residence, no stockpiles, waste piles, or processing equipment shall
be closer than 1,000 feet to the lot line of the residential use,
and no part of the quarry pit, internal private access drive, truck
parking area, scales, or operational equipment shall be closer than
500 feet to the lot line of the residential use.
(17)
No part of a quarry pit, stockpiles, waste piles, processing
equipment, scales, operational equipment, or truck parking area shall
be closer than 100 feet to the right-of-way of a public street.
(18)
Except where other setback requirements of this Section are
greater, no part of a quarry pit, stockpiles, waste piles, or processing
equipment shall be closer than 200 feet to a lot line.
(19)
Except where other setback requirements of this Section are
greater, no private access drive, truck parking area, scales, or operational
equipment shall be closer than 100 feet to any lot line.
(20)
The applicant shall provide quarry rehabilitation information
and include a plan which demonstrates the following:
(a)
Within two years after the termination of quarrying operations,
the area of actual quarrying operations will be rehabilitated to a
condition of reasonable physical attractiveness and, as practical,
restored.
(b)
The slope of earth material in any excavated pit shall not exceed
the angle of slippage.
(21)
When the filling of any portion of the pit is desirable and
economically feasible, such fill material must be able to sustain
a vegetative cover of grass, plants, and trees, and such must be provided.
(22)
To prevent any silt, erosional debris, or other loose material
from filling any existing drainage course or encroaching on existing
public roads or private property, all surface drainage exiting or
developing by or through the top soil shall be controlled by dikes,
barriers, or drainage structures. All measures to control natural
drainage or floodwater must be approved by the Township Engineer.
(23)
Within two years after termination of operations, all plant
and equipment shall be removed. Foundations and piers from any structure
may remain in the ground if substantially covered.
[Ord. No. 196-2018, 9/12/2018]
A.
Recreational uses, whether indoor or outdoor, shall be subject to
the following standards and regulations:
(1)
Impervious coverage for the proposed use shall not exceed the
maximum lot coverage standard of the applicable zoning district.
(2)
Buildings, structures, equipment, parking, storage, loading,
accessways, or paved areas, excluding bicycle or foot pathways shall
not be located closer than 50 feet to any residential lot line, with
any permanent outdoor facility such as a swimming pool or tennis court
setback a minimum of 75 feet from any residential use or district.
(3)
An outdoor recreation use shall require a minimum lot size of
one acre.
(4)
Auxiliary uses, such as a restaurant or snack bar, shall be
restricted in their use to employees, patrons, members and guests
of the principal use. Such establishments shall present no visible
evidence from any public street of their commercial character which
would attract persons other than employees, patrons, members and guests.
(5)
Where access can be provided from more than one street, vehicular
access shall not be provided from a local street in a residential
district or residential development, if possible.
(6)
Automatic amusement games associated with these uses shall include
coin-operated machines, mechanical machines, or electronic machines,
which operate as a game of skill or amusement.
(7)
No audio speakers or equipment shall be installed inside or
outside the location of such use that would cause sounds to emanate
to the exterior of the premises.
(8)
All recreational uses shall have at least one attendant on duty
during operating hours.
(9)
Parking, lighting, landscaping, screening, and signage shall
be subject to the provisions of Part 9, General Regulations.
(10)
A master plan for the tract of land shall be prepared as part
of the application process for these uses. The master plan shall provide
sufficient data to ascertain the impact of such facilities of the
Township.
[Ord. No. 196-2018, 9/12/2018]
A.
A recycling center shall be subject to the following standards and
regulations:
(1)
The applicant shall provide an explanation of the scope of operation
and any measures used to mitigate problems associated with noise,
fumes, dust, litter, and vector control.
(2)
The applicant shall conduct regular maintenance of the site
to assure the immediate collection of stray debris.
(3)
Prior to the issuance of a use and occupancy permit, the applicant
shall demonstrate compliance with any and all state and federal regulations,
and shall document a satisfactory plan for internal circulation and
vehicle movements in relation to drop-off areas and temporary parking.
[Ord. No. 196-2018, 9/12/2018]
A.
It is the purpose of these regulations to promote the safe, effective
and efficient use of renewable energy systems to reduce the consumption
of utility-supplied energy, heat, hot water, or any combination of
the above, while protecting the health, safety and welfare of the
residents of the Township, and while protecting adjacent land uses
through appropriate zoning and land-use controls. Non-utility-supplied
energy systems not specified herein may be permitted subject to zoning
approval. Where, in the course of reviewing a permit application for
any renewable energy system, it is deemed advisable for the Township
to retain the services of the Township engineer or any other consultant,
all reasonable costs therefore shall be borne by the applicant.
B.
Geothermal Energy Systems. Geothermal energy systems shall be permitted
in all zoning districts, subject to the following standards and regulations:
(1)
Accessory Use. A closed-loop geothermal energy system shall
be permitted in all zoning districts as an accessory use, where the
energy supplied is solely for the use of principal and accessory uses
permitted on the subject property. Open-loop geothermal energy systems
shall not be permitted.
(2)
Permitting. A zoning permit and building permit, consistent
with or independent of the Pennsylvania Uniform Construction Code,
shall be required prior to installation of any geothermal energy system.
Applicable manufacturer specifications and Chester County Health Department
permit shall be submitted to Honey Brook Township as part of the application
for any permit.
(3)
Design. The design, installation and operation of geothermal
energy systems shall be permitted in conformance with all applicable
regulation under Section 501 of the Chester County Health Department
Rules and Regulations and shall conform to applicable industry standards,
including those of the American National Standards Institute (ANSI),
the International Ground Source Heat Pump Association (IGSHPA), the
American Society for Testing and Materials (ASTM), the Air Conditioning
and Refrigeration Institute (ARI), or other similar certifying organizations,
and shall comply with the Township Building Code and with all other
applicable Township requirements.
(4)
Appurtenances. All or any mechanical equipment (appurtenances)
associated with and necessary for the operation of the Geothermal
Energy System shall comply with all accessory setbacks for the zoning
district in which the system is installed.
(5)
Heat-Transfer Fluids. Closed-loop geothermal systems shall utilize
heat-transfer fluids conforming to all standards set by the PA Department
of Environmental Protection (DEP). A permanent sign must be attached
to the heat pump specifying that only approved heat-transfer fluids
must be used.
(6)
Disrepair. If the geothermal energy system enters into a state
of disrepair, it shall be the responsibility of the property owner
to properly maintain the geothermal energy system or to decommission
the system within six months from the date the system enters such
a state or immediately in any case determined to be a safety hazard.
(7)
Abandonment and Decommissioning. Where the use of any geothermal
energy system is abandoned, it shall be the responsibility of the
property owner to cap and seal the in-ground portion(s) of the system.
The property owner may further be required to evacuate (pump out)
the fluid(s) in the system and to fill the borehole(s) with bentonite
or an acceptable alternative.
(8)
Any earth disturbance as a result of decommissioning or removal
of any geothermal energy system shall be graded and reseeded.
C.
Outdoor Wood-Fired Boilers. Outdoor wood-fired boilers or outdoor
hydronic heaters, known generally as OWBs, shall be permitted in the
A — Agricultural and RC — Rural Conservation districts
on properties of 10 acres or greater, and in the BI — Business
Industrial District regardless of lot size, subject to the following
standards and regulations:
(1)
Accessory Use. OWBs shall be permitted as accessory uses, including
accessory structures, where the energy supplied is solely for the
use of principal and accessory uses permitted on the subject property.
OWBs shall not be permitted as a principal use in any district.
(2)
Permitting. A zoning permit and building permit, consistent
with or independent of the Pennsylvania Uniform Construction Code,
shall be required prior to installation of any OWB. Applicable manufacturer
specifications shall be submitted to Honey Brook Township as part
of the application for any permit.
(3)
Design. The design and installation of OWBs shall conform to
applicable industry standards, including those of the United States
Environmental Protection Agency (EPA), American National Standards
Institute (ANSI), Underwriters Laboratories (UL), the American Society
for Testing and Materials (ASTM), or other similar certifying organizations,
and shall comply with the Township Building Code and with all other
applicable fire and life safety requirements.
(4)
Compliance with Other Regulations. At the time of permit application,
the owner of the OWB shall provide evidence indicating that the maintenance
and operation of the OWB will be in compliance with applicable operations
and performance standards set forth by DEP as well as in compliance
with all air emissions quality standards promulgated by the United
States Environmental Protection Agency (EPA), PA DEP, or other relevant
state or federal agency including emissions of dust and particulates.
(5)
Setback Requirements. All OWBs shall be located a minimum distance
of 150 feet from any property line or street right-of-way.
(6)
Historic Structures. If an OWB is proposed to be located within
100 feet of any historic structure as may be designated by the Township
or determined to be eligible for listing on the National Register
of Historic Places by the Pennsylvania Historical and Museum Commission
or the National Park Service, such OWB shall be subject to conditional
use approval at the sole discretion of the Township upon a finding
that the proposed system will not adversely impact the historical
significance or landscape context of the subject historic structure
or historic resource.
(7)
Stack. All OWBs shall have a permanent attached stack. The minimum
height of all stacks shall be 20 feet above the ground and otherwise
installed according to the manufacturer's specifications.
(8)
Abandonment or Disrepair. If the OWB is ever abandoned or enters
into a state of disrepair, it shall be the responsibility of the property
owner to remove or properly maintain the OWB within six months from
the date the system enters such a state or immediately in any case
determined to be a safety hazard.
(9)
Decommissioning. Any earth disturbance as a result of the removal
of the OWB shall be graded and reseeded.
D.
Solar Energy Systems. Solar energy systems shall be permitted, subject
to the following regulations and with the understanding that when
a provision herein does not specifically refer to either accessory
or principal uses, it shall apply to both:
(1)
Principal Use. A solar energy system as a principal use shall
be subject to the following standards and regulations, and as otherwise
provided herein:
(a)
The maximum area occupied by a principal solar energy system
on any lot shall be 10 acres;
(b)
Notwithstanding lot coverage limitations set forth in the base
zoning district(s), the maximum impervious coverage for a principal
solar energy system and any accessory or appurtenant structures shall
be 20% of the gross lot area;
(c)
A principal solar energy system shall be set back a minimum
of 100 feet from any public right-of-way, any lot line, and any historic
structure as may be designated by the Township or determined to be
eligible for listing on the National Register of Historic Places by
the Pennsylvania Historical and Museum Commission or the National
Park Service;
(d)
The entire facility comprising a principal solar energy system
and its appurtenant and accessory structure(s) and equipment shall
be enclosed by a fence, barrier or other appropriate means to prevent
or restrict unauthorized persons or vehicles from entering the facility.
Clearly visible warning signs shall be placed on the fence, barrier
or at the perimeter of the facility to inform individuals of potential
voltage hazards. All mechanical equipment associated with the facility
shall be completely enclosed by a minimum eight-foot-high fence with
a self-locking gate.
(e)
Proper aisle ways between panel cluster sections, at least eight
feet in width, shall be provided for safe access to clusters. DC/AC
inverters shall be installed at each cluster, in addition to an automatic
disconnect device.
(f)
A principal solar energy system shall not include the co-location
of batteries or other equipment used to store the energy output from
the system except where adequate safety precautions are included in
the design of the system.
(g)
A principal solar energy system shall be serviced by an adequate
water supply for firefighting purposes.
(2)
Accessory Use. A solar energy system shall be permitted in all
zoning districts as a permitted accessory use, subject to the provisions
set forth herein. A system shall be considered an accessory solar
energy system only if it supplies electrical or thermal power primarily
for the use of principal and other accessory uses permitted on the
subject property, or properties in the case of community or virtual
net metering as provided below.
(a)
Individual Net Metering. When a property upon which an accessory
solar energy system is installed also receives electrical power supplied
by a utility company, excess electrical power generated and not presently
needed for on-site use may be used by the utility company, as long
as the electrical power generated is used primarily for on-site use.
The owner of the accessory solar energy system shall provide written
confirmation that the public utility company has been informed of
the customer's intent to install an interconnected customer-owned
generator and also approves of such connection. Systems not connected
to the public utility grid shall be exempt from this requirement.
(b)
Community Net Metering. Community net metering is similar to
individual net metering, but permits the net metering credits from
an accessory solar energy system to be distributed among two or more
electric meters, for example, where several homeowners cooperatively
install a solar energy system. Such systems shall be permitted where
all standards set forth herein are met.
(c)
Virtual Net Metering. Virtual net metering may be permitted
where an accessory solar energy system is installed in a different
location from the meter or meters being credited with the solar energy
that is produced, subject to conformance with all standards set forth
herein. Instead of a direct connection to the accessory solar energy
system, the consumer of electricity is credited with the amount of
electricity that the system offsets through connection into the grid
at its location. Virtual net metering may apply to individual or community
solar energy system(s).
(3)
Permitting. A zoning permit and building permit, consistent
with or independent of the Pennsylvania Uniform Construction Code,
shall be required prior to installation of any solar energy system.
Applicable manufacturer specifications shall be submitted to Honey
Brook Township as part of the application for any permit.
(4)
Design. The design and installation of the solar energy system
shall conform to applicable industry standards, such as those of the
American National Standards Institute (ANSI), Underwriters Laboratories,
the American Society for Testing and Materials (ASTM), or other similar
certifying organizations, and shall comply with the Township Building
Code and with all other applicable fire and life safety requirements.
(5)
Grid Interconnection. A solar energy system connected to the
utility grid shall provide written authorization from the local utility
company acknowledging and approving such connection.
(6)
Transmission Lines. All power transmission lines from the solar
energy system to any building or other structure shall be located
underground, unless it can be demonstrated, to the satisfaction of
the Zoning Officer, in consultation with the Township Engineer, that
this is infeasible.
(7)
Appurtenances. All or any mechanical equipment (appurtenances)
associated with and necessary for the operation of the solar energy
system shall comply with all accessory setbacks for the zoning district
in which the system is installed.
(8)
Hazardous Materials. No solar energy system shall contain hazardous
substances as defined in the Pennsylvania Hazardous Sites Cleanup
Act, 35 P.S. § 6020.101 et seq.
(9)
Lighting. Solar energy systems shall not be artificially lighted
except to the extent required for safety or by any applicable federal,
state or local authority.
(10)
No Advertising. Solar energy systems and appurtenant or accessory
structures shall not display any advertising, except for reasonable
identification of the panel or other equipment manufacturer, and the
facility owner.
(11)
Vehicular Access. All solar energy systems shall be located
where there is a means of vehicular access from a public or private
street.
(12)
Glare.
(a)
Solar collectors shall be installed so as to prevent glare or
concentrated solar radiation as may otherwise be directed onto other
properties or onto roadways such that a nuisance situation is created.
Anti-reflective surface materials or coatings shall be used to preclude
glare to the extent feasible.
(b)
The applicant or the installer or manufacturer of the solar
energy system shall submit with the application for permit approval,
as applicable, a signed statement including the following:
[1]
Certification that the proposed system shall not
produce glare or reflect concentrated solar radiation visible beyond
the property lines of the property upon which the solar energy system
shall be located such that a nuisance situation is created;
[2]
Acknowledgement that, should any glare or concentrated
solar radiation produced prove to be visible beyond the property lines
of the property upon which the solar energy system shall be located,
at any time subsequent to the installation of the system, such that,
in the opinion of the Zoning Officer, a nuisance situation or safety
hazard arises for another property owner or the travelling public,
the Township may at its discretion require mitigative action or may
require the removal of the system or portion thereof generating the
glare or reflected solar radiation;
[3]
Acknowledgement that, should any mitigation or
system removal deemed necessary by the Township fail to be dealt with
in accordance with the Township's determination within six months
of notification of the landowner and/or system owner, or immediately
in any case determined to be a safety hazard, the Township may implement
such mitigation or remove such systems as it deems necessary, costs
therefor to be reimbursed within 90 days and, if not, a commensurate
lien shall be placed upon the property;
[4]
Acknowledgement that the obligations set forth
herein shall continue so long as the subject solar energy system remains
in operation and that any subsequent property owner shall be so notified.
(13)
Historic Structures. If an accessory solar energy system is
proposed to be mounted on or located within 100 feet of any historic
structure as may be designated by the Township or determined to be
eligible for listing on the National Register of Historic Places by
the Pennsylvania Historical and Museum Commission or the National
Park Service, such system shall be subject to conditional use approval
at the sole discretion of the Township as provided herein and upon
a finding that the proposed system will not adversely impact the historical
significance or landscape context of the subject historic structure.
(14)
Solar Access Easements. A solar energy system shall be located
to ensure solar access without reliance on adjacent properties. Where
any applicant desires to ensure that solar access to a solar energy
system shall not be obstructed over time by permissible uses or activities
on any adjacent property (i.e., by planting or growth of vegetation,
new construction, etc.), it shall be the responsibility of the owner
of the solar energy system to obtain appropriate solar access easement(s)
from neighboring property owner(s) and to notify the Township upon
the recording of any such easement(s). All solar access easements
shall be recorded in the office of the Chester County Recorder of
Deeds.
(15)
Roof-Mounted Systems:
(a)
Under no circumstance shall the solar energy system extend beyond
the edge of the roof.
(b)
Notwithstanding otherwise applicable height limitations, a roof-mounted
solar energy system may exceed the height of the ridgeline of any
sloping roof upon which it is mounted by no more than one foot, where
the pitch of the roof exceeds a ratio of 1/3.
(c)
Notwithstanding otherwise applicable height limitations, a roof-mounted
solar energy system on a flat roof, or where the pitch of the roof
is less than a ratio of 1/3, may exceed the height of the roof at
its highest point by no more than four feet.
(d)
Roof-mounted solar energy systems shall not be counted as adding
to any impervious coverage calculation.
(e)
All roof-mounted systems must have/accommodate safe access for
fire service and maintenance, as deemed appropriate by the Zoning
Officer, Building Code Officer and/or Fire Marshal.
(f)
Structural integrity: for any roof-mounted solar energy system,
the applicant must demonstrate to the satisfaction of the Building
Code Officer, by credible evidence, that the structural integrity
of the structure is such that it can adequately support the roof-mounted
system being considered.
(16)
Ground-Mounted (Freestanding) Systems:
(a)
Principal ground-mounted solar energy systems shall meet the setback requirements, size, and impervious coverage limitations set forth in § 27-1053D(1) above.
(b)
Accessory ground-mounted solar energy systems shall meet all
setback requirements for an accessory structure for the zoning district
in which installed, and shall be subject to the maximum impervious
coverage limitations of the underlying zoning district.
(c)
Accessory ground-mounted solar energy systems shall not be installed
within the required front yard setback, shall not be located in the
area between the front yard setback and the principal structure on
the lot, nor shall be located along any street frontage (e.g., in
a side yard abutting a street).
(17)
Impervious Coverage. For the purposes of this Chapter, all "at
grade" or "above grade" features and facilities relating to ground-mounted
solar energy systems, including appurtenances, shall be considered
impervious surface. The extent of impervious coverage of sloping panels
shall be measured as equal to their horizontal footprint.
(18)
Abandonment or Disrepair. If the solar energy system is ever
abandoned or enters into a state of disrepair, it shall be the responsibility
of the property owner to remove or properly maintain the solar energy
system within six months from the date the system enters such a state
or immediately in any case determined to be a safety hazard.
(19)
Decommissioning. If a ground-mounted solar energy system is
ever removed, any earth disturbance as a result of the removal of
the ground-mounted solar energy system shall be graded and reseeded
to the satisfaction of the Township.
E.
Wind Energy Systems. Wind energy systems shall be permitted in all
zoning districts, subject to the following standards and regulations:
(1)
Accessory Use. Accessory wind energy systems shall be permitted
in all zoning districts as a permitted accessory use, subject to the
provisions set forth herein. A system is considered an accessory wind
energy system only if it supplies electrical power primarily for on-site
use of principal or accessory uses permitted on the subject property.
Wind energy systems shall not be permitted as a principal use.
(2)
Permitting. A zoning permit and building permit, consistent
with or independent of the Pennsylvania Uniform Construction Code,
shall be required prior to installation of any wind energy system.
Applicable manufacturer specifications shall be submitted to Honey
Brook Township as part of the application for any permit.
(3)
Design. The design and installation of the wind energy system
shall conform to applicable industry standards, such as those of the
American National Standards Institute (ANSI), Underwriters Laboratories,
Det Norske Veritas, Germanischer Lloyd Wind Energies, the American
Society for Testing and Materials (ASTM), or other similar certifying
organizations, and shall comply with the Township Building Code and
with all other applicable fire and life safety requirements. DC/AC
inverters shall be installed at the base of each wind energy system,
in addition to an automatic disconnect device.
(4)
Grid Interconnection. When a property upon which an accessory
wind energy system is installed also receives electrical power supplied
by a utility company, excess electrical power generated and not presently
needed for on-site use may be used by the utility company, as long
as the electrical power generated is used primarily for on-site use.
The owner of the accessory wind energy system shall provide written
confirmation that the public utility company has been informed of
the customer's intent to install an interconnected customer-owned
generator and also approves of such connection. Systems not connected
to the public utility grid shall be exempt from this requirement.
(5)
Historic Structures. If a wind energy system is proposed to
be mounted on or located within 100 feet of any historic structure
as may be designated by the Township or determined to be eligible
for listing on the National Register of Historic Places by the Pennsylvania
Historical and Museum Commission or the National Park Service, such
system shall be subject to conditional use approval at the sole discretion
of the Township upon a finding that the proposed system will not adversely
impact the historical significance or landscape context of the subject
historic structure or historic resource.
(6)
Transmission Lines. All power transmission lines from the wind
energy system to any building or other structure shall be located
underground.
(7)
Appurtenances. All or any mechanical equipment associated with
and necessary for the operation of the wind energy system shall comply
with all accessory setbacks for the zoning district in which the system
is installed.
(8)
Height Limitations.
(a)
Maximum. The maximum height for a wind energy system shall not
exceed 35 feet except where approved up to a maximum of 70 feet as
a conditional use.
(b)
Minimum. The minimum height of the lowest position of the wind
turbine blade shall be 15 feet above the ground. If the wind turbine
proposed is a vertical axis wind turbine (also referred to as a "helix
type" turbine), the height between the lowest point of the turbine
and the ground may be reduced to 10 feet.
(9)
Setback Requirements. Minimally, all wind energy systems must
meet the setback requirements for accessory structures for the underlying
zoning district. In addition, wind energy systems shall be set back
a horizontal distance equal to their height from any property line
or residential dwelling, excluding any dwelling on the lot on which
the wind energy system is located. No wind energy systems shall be
installed within the required front yard setback and shall not be
located along any street frontage (e.g., in a side yard abutting a
street). Additionally, all wind energy systems must be set back sufficiently
from any above-ground utility lines, radio, television, or telecommunication
towers so as to present no danger to those lines or structures, as
certified by the applicant's engineer. No portion of any accessory
wind energy system shall extend over parking areas, access drives,
driveways or sidewalks.
(10)
Noise Limitations. Wind energy systems shall not generate noise which exceeds 55 decibels, or 10 decibels above ambient noise, in any hour, whichever is higher. Noise is measured from the property line of the closest neighboring inhabited structure or nearest habitable structure setback line on any abutting property. The ambient sound measurement, known as "A-weighted sound level," is taken where the noise from the wind turbine cannot be heard, or with the wind turbine shut down. The ambient sound level shall be considered the level that is exceeded 90% of the time when the noise measurements are taken. Any noise exceeding this level may be subject to the nuisance provisions of Chapter 6 of the Honey Brook Township Code. Notwithstanding the above, the fifty-five-decibel or ten-decibel over ambient level may be exceeded during short-term events such as utility outages and/or severe wind storms.
(11)
Lot Coverage. The footprint of a wind energy system shall be
calculated as part of the overall lot coverage.
(12)
Structural Integrity. For any roof-mounted wind energy systems,
such as micro-turbine systems or horizontal- or vertical-axis turbines,
the applicant must demonstrate to the Building Code Inspector, by
credible evidence, that the integrity of the structure is such that
it can adequately support the system being considered.
(13)
Storage Structures. When an accessory building is necessary
for storage cells or related mechanical equipment, the accessory building
shall not have a floor area exceeding 200 square feet, and shall comply
with the accessory structure requirements specified within the underlying
zoning district.
(14)
One Turbine per Lot. No more than one wind energy system (wind
turbine) shall be permitted per lot, except where approved as a conditional
use. A wind energy system made up of a number of adjacent micro-turbine
panels is considered one system for the purposes of this paragraph.
(15)
Braking. All wind energy systems shall be equipped with an adequate
braking system to prevent excessive speed. Such system may include
aerodynamic overspeed controls (including variable pitch, tip, and
other similar systems) and/or mechanical brakes. Mechanical brakes
shall be operated in a fail-safe mode.
(16)
Lighting. Wind energy systems shall not be artificially lighted,
except to the extent required by the Federal Aviation Administration
(FAA).
(17)
Colors. Wind energy systems shall be a nonobtrusive color acceptable
to the Township, such as white, off-white or gray.
(18)
Shadow Flicker. All wind energy systems shall, to the extent
feasible, be sited to prevent shadow flicker on any occupied building
on adjacent properties.
(19)
Climbing. Wind energy systems shall be equipped with an appropriate
anticlimbing device, or otherwise made unclimbable, to prevent unauthorized
access to the system.
(20)
Advertising and Signage. Wind energy systems shall not be used
to display advertising, signage, banners or similar materials, with
the exception of any manufacturer's labels or warning placards. Any
such sign shall have an area not to exceed four square feet.
(21)
Conditional Use Approval. In consideration of conditional use approval where required pursuant to this Section, in addition to review of the standards for conditional use approval set forth in Part 13. Conditional Use, of this Chapter, the Board of Supervisors shall be satisfied that the wind energy system will not unduly impact near-by property owners or the travelling public or that potential impacts are mitigated by design of the system or structure(s) upon which it is mounted, by distance from points of visibility, or by the presence of intervening topography, vegetation or structures.
(22)
Abandonment or Disrepair. If the wind energy system is ever
abandoned or enters into a state of disrepair, it shall be the responsibility
of the property owner to remove or properly maintain the wind energy
system within six months from the date the system enters such a state
or immediately in any case determined to be a safety hazard.
(23)
Decommissioning. If a wind energy system is ever removed, any
earth disturbance as a result of the removal of the system shall be
graded and reseeded to the satisfaction of the Township.
F.
Manure Digesters. Manure digesters (also known as anaerobic digesters)
shall be permitted in the A — Agricultural District on properties
of 10 acres or greater, and in the BI — Business Industrial
District regardless of lot size, subject to the following standards
and regulations:
(1)
Accessory Use. A manure digester shall be permitted as an accessory
use only if it supplies electrical or thermal power primarily for
on-site use of principal or accessory uses permitted on the subject
property. A manure digester shall not be permitted as a principal
use.
(2)
Permitting. A zoning permit and building permit, consistent
with or independent of the Pennsylvania Uniform Construction Code,
shall be required prior to installation of any manure digester. The
applicant shall submit the following to Honey Brook Township as part
of the application for any permit:
(a)
Applicable manufacturer specifications;
(b)
Documentation that performance standards for siting to minimize
impacts on neighboring properties have adequately been addressed,
including considerations of odor, prevailing wind patterns, proximity
to nonagricultural properties, operational noise, and specific hours
of operation.
(c)
Evidence of all necessary federal and state regulatory agencies'
approvals shall be included with the application.
(d)
A letter from the Chester County Conservation District (CCCD)
that (1) states that the applicant's manure digester design has been
reviewed and approved by the CCCD and that all regulations and requirements
of the state manure management program have been satisfied, or (2)
states that CCCD will not review the design or that no review is required
under applicable laws and regulations, Where a CCCD review letter
has been requested but the CCCD has failed to respond within 60 days,
the applicant shall provide evidence to verify such.
(3)
Design and Installation.
(a)
The design and installation of any manure digester shall conform
to applicable industry standards and shall comply with the Township
Building Code and with all other applicable fire and life safety requirements.
(b)
Manure digesters shall be designed and constructed in compliance
with the applicable guidelines outlined in the Pennsylvania Department
of Environmental Protection's Bureau of Water Quality Management publication(s),
and any revisions, supplements and replacements thereto by the PA
DEP.
(c)
Manure digesters shall also be designed and constructed in compliance
with any other applicable federal, state, county and Township laws
and regulations.
(d)
A certified professional, qualified to do such, shall furnish
and demonstrate to the Township compliance with all details of construction,
operation, maintenance and necessary controls related to the manure
digester.
(4)
Grid Interconnection. When a property upon which the facility
is installed also receives electrical power supplied by a utility
company, excess electrical power generated and not presently needed
for on-site use may be used by the utility company, as long as the
electrical power generated is used primarily for on-site use. The
owner of the manure digester shall provide written confirmation that
the public utility company has been informed of the customer's intent
to install an interconnected customer-owned generator and also approves
of such connection. Systems not connected to the public utility grid
shall be exempt from this requirement.
(5)
Operation and Performance Standards. The proposed use shall
be subject to any applicable operation and performance standards set
forth by DEP.
(6)
Setback Requirements. Manure digesters shall not be located
within 50 feet of any side property line, within 75 feet of any rear
property line, within 150 feet from any residential structure other
than that of the property owner, or within 100 feet of any public
road right-of-way.
(7)
Historic Structures. If a manure digester is proposed to be
located within 100 feet of any historic structure as may be designated
by the Township or determined to be eligible for listing on the National
Register of Historic Places by the Pennsylvania Historical and Museum
Commission or the National Park Service, installation of the manure
digester shall be subject to conditional use approval at the sole
discretion of the Township upon a finding that the proposed system
will not adversely impact the historical significance or landscape
context of the subject historic structure or historic resource.
(8)
Lot Coverage. The footprint of a manure digester shall be calculated
as part of the overall lot coverage.
(9)
Abandonment or Disrepair. If the manure digester is ever abandoned
or enters into a state of disrepair, it shall be the responsibility
of the property owner to remove or properly maintain the manure digester
within six months from the date the system enters such a state or
immediately in any case determined to be a safety hazard.
(10)
Decommissioning. If a manure digester is ever removed, any earth
disturbance as a result of the removal of the manure digester shall
be graded and reseeded to the satisfaction of the Township.
[Ord. No. 196-2018, 9/12/2018]
A.
The following standards and regulations shall apply to residential
conversions:
(1)
Single-family detached dwellings converted to two-dwelling units
shall maintain the appearance of a single-family detached dwelling
with a single front entrance. The resulting dwelling units may share
a single front entrance. Additional entrances, when required, may
be placed on the side or rear of the buildings. Exterior stairways
and fire escapes shall be located on the rear wall in preference to
either side wall, and shall in no case be located on a front facade
facing a street. Except as may be necessary for reasons of safety,
there shall be no major alteration of the building in connection with
the residential conversion.
(2)
The minimum lot area and bulk regulations for single-family
detached dwellings in the district in which the residential conversion
is proposed shall be met.
(3)
The following minimum floor areas requirements shall be met:
|
Type of Unit
|
Minimum Floor Area
(square feet)
|
|---|---|
|
Efficiency
|
550
|
|
One-bedroom
|
650
|
|
Two-bedrooms
|
800
|
|
Three-bedrooms (maximum permitted)
|
1,000
|
(4)
Separate kitchen and bathroom facilities shall be provided per
unit. All applicable Township Building Code and Chester County Health
Department regulations and permits requirements regarding the installation
of these facilities shall be met and indicated on all plans. Approval
from all applicable agencies is necessary prior to issuance of a building
permit by the Township.
(5)
Trash receptacles shall be screened so as not to be visible
from the street or abutting properties except on scheduled days for
trash pick-up.
(6)
Site and floor plans for the residential conversion shall be
included with the application for conversion indicating both exterior
and interior building alterations.
[Ord. No. 196-2018, 9/12/2018]
A.
The following standards and regulations shall apply to restaurants,
including fast-food restaurant and restaurant with drive-through service.
(1)
The permit application shall be accompanied by a working plan
for the clean-up and disposal of litter.
(2)
Dumpsters or similar large-scale outdoor trash receptacles shall
be completely screened from view, and access gates shall be closed
at all times when not in use.
(3)
Exterior seating and/or play areas shall be completely enclosed
by a three-foot-high fence.
(4)
No part of any structure on the subject property shall be located
within 200 feet of the boundary of the A, NR, or RC District.
(5)
All lighting within the subject tract shall be designed and
located so as not to produce a glare or direct illumination onto abutting
properties or street rights-of-way.
(6)
Prior to the issuance of a use and occupancy permit, the applicant
shall demonstrate compliance with county, state, and federal regulations.
(7)
For any fast-food restaurant, noise shall be controlled to avoid
any impact on nearby residential properties.
(8)
For any restaurant with drive-through service, outside loud
speakers shall be audible only to persons in the immediate vicinity
of the order-placing or pick-up areas.
[Ord. No. 196-2018, 9/12/2018]
A.
Tower-based wireless communication facilities (WCF) shall be required
to meet the following standards and regulations:
(1)
Residential Areas. No tower-based WCF shall be located in a
road right-of-way or within 500 feet of a lot in residential use,
regardless of zoning district. The distance from the base of a proposed
tower-based WCF to the nearest point on any lot line, lease line and
license line shall not be less than the full height of the tower structure.
No more than one tower-based WCF shall be placed on any one lot, or
leased or licensed parcel, nor within 1,000 feet of another tower-based
WCF. Tower-based WCFs are permitted only in the BI — Business
Industrial and RC — Resource Conservation Zoning Districts as
specified.
(2)
Gap in Coverage. An applicant for a tower-based WCF must demonstrate
that a significant gap in wireless coverage exists with respect to
all wireless operators in the applicable area and that the type of
WCF being proposed is the least intrusive means by which to fill that
gap in wireless coverage. The existence or nonexistence of a gap in
wireless coverage shall be a factor in the Township's decision on
an application for approval of tower-based WCFs.
(3)
Sole Use on a Lot. A tower-based WCF is permitted as a sole
use on a lot subject to the minimum lot area and yards complying with
the requirements for the applicable zoning district. A subdivision
plan shall be required for any lot or lease parcel created for occupancy
by a tower-based WCF and communications equipment building. A land
development plan shall be required prior to construction of any tower-based
WCF and communications equipment building.
(4)
Combined with Another Use. A tower-based WCF may be permitted
on a property with an existing use or on a vacant parcel in combination
with another agricultural, industrial, commercial, institutional or
municipal use, subject to the following conditions:
(a)
The existing use on the property may be any permitted use in
the applicable district, and need not be affiliated with the communications
facility.
(b)
Minimum Lot Area. The minimum lot shall comply with the requirements
for the applicable district and shall be the area needed to accommodate
the tower-based WCF and guy wires, the equipment building, security
fence, and buffer planting.
(c)
Minimum Setbacks. The tower-based WCF and accompanying equipment
building shall comply with the requirements for the applicable zoning
district, provided that no tower-based WCF shall be located within
500 feet of a lot in residential use.
(5)
Notice. Upon receipt of an application for a tower-based WCF,
the Township shall mail notice thereof to the owners of all adjoining
properties, and to the owners of every property within 500 feet of
the actual location of all improvements related to the tower-based
WCF.
(6)
Co-location. An application for a new tower-based WCF shall
not be approved unless the Township finds that the wireless communications
equipment planned for the proposed tower-based WCF cannot be accommodated
on an existing or approved structure or building. Any application
for approval of a tower-based WCF shall include a comprehensive inventory
of all existing towers and other suitable structures within a two-mile
radius from the point of the proposed tower, unless the applicant
can show to the satisfaction of the Township that a different distance
is more reasonable, and shall demonstrate conclusively why an existing
tower or other suitable structure cannot be utilized.
(7)
Standard of Design and Care. Any tower-based WCF shall be designed,
constructed, operated, maintained, repaired, modified and removed
in strict compliance with all current applicable technical, safety
and safety-related codes, including, but not limited to, the most
recent editions of the American National Standards Institute (ANSI)
Code, the Uniform Construction Code (UCC), National Electric Safety
Code, National Electric Code, as well as the accepted and responsible
workmanlike industry practices of the National Association of Tower
Erectors. Structure design certification from a Pennsylvania-registered
professional engineer is required and the tower capacity shall be
indicated. Detailed construction and elevation drawings, indicating
antenna locations and mounting design, shall be submitted by the applicant.
Any tower-based WCF shall at all times be kept and maintained in good
condition, order and repair by qualified maintenance and construction
personnel, so that the same shall not endanger the life of any person
or any property in the Township.
(8)
Design Regulations.
(a)
The WCF shall employ the most current stealth technology available
in an effort to appropriately blend into the surrounding environment
and minimize aesthetic impact. The application of the stealth technology
chosen by the WCF applicant shall be subject to the approval of the
Township.
(b)
Any height extensions to an existing tower-based WCF shall require
prior approval of the Township. The Township reserves the right to
deny such requests based upon aesthetic and land use impact, or any
other lawful considerations related to the character of the Township.
(c)
Any proposed tower-based WCF shall be designed structurally,
electrically, and in all respects to accommodate both the WCF applicant's
antennas and comparable antennae for future users.
(d)
Any tower-based WCF over 40 feet in height shall be equipped
with an anticlimbing device, as approved by the manufacturer.
(9)
Wind. Any tower-based WCF structures shall be designed to withstand
the effects of wind according to the standard design by the American
National Standards Institute as prepared by the engineering departments
of the Electronics Industry Association, and Telecommunications Industry
Association (ANSFEINTIA-222-E Code, as amended).
(10)
Height. Any tower-based WCF shall be designed at the minimum
functional height and shall not exceed a maximum total height of 150
feet, which height shall include all subsequent additions or alterations.
All tower-based WCF applicants must submit documentation to the Township
justifying the total height of the structure.
(11)
Lighting. Tower-based WCF shall not be artificially lighted,
except as required by law and as may be approved by the Township.
If lighting is required, the applicant shall provide a detailed plan
for sufficient lighting, demonstrating as unobtrusive and inoffensive
an effect as is permissible under state and federal regulations.
(12)
Surrounding Environs.
(a)
The WCF applicant shall ensure that the existing vegetation,
trees and shrubs located within proximity to the WCF structure shall
be preserved to the maximum extent possible.
(b)
The WCF applicant shall submit a soil report to the Township
complying with the standards of Appendix I: Geotechnical Investigations,
ANSI/ETA 222-B, as amended, to document and verify the design specifications
of the foundation of the tower-based WCF.
(13)
Visual or Land Use Impact. The Township reserves the right to
deny an application for the construction or placement of any tower-based
WCF based upon visual and/or land use impact.
(14)
Fence/Screen.
(a)
A security fence having a minimum height of eight feet shall
completely surround any tower-based WCF or any building housing WCF
equipment.
(b)
An evergreen screen that consists of a hedge or a row of evergreen
trees shall be located along the perimeter of the security fence.
(c)
The WCF applicant shall submit a landscape plan for review and
approval by the Township Planning Commission for all proposed screening.
(15)
Identification. All tower-based WCFs shall post a notice in
a readily visible location identifying the name and phone number of
a party to contact in the event of an emergency, subject to approval
by the Township.
(16)
Historic Buildings or Districts. No tower-based WCF may be located
on a building or structure that is listed on either the National or
Pennsylvania Registers of Historic Places or on any property or structure
which has been designated by the Township as being of historic significance.
(17)
Appearance. Towers shall be galvanized and/or painted with rust-preventive
paint of an appropriate color to harmonize with the surroundings.
(18)
Accessory Equipment.
(a)
Ground-mounted equipment associated to, or connected with, a
tower-based WCF shall be underground or enclosed in a structure. In
the event that an applicant can demonstrate that the equipment cannot
be located underground to the satisfaction of the Township Engineer,
then the ground-mounted equipment shall be screened from public view
using stealth technologies, as described above.
(b)
All utility buildings and accessory structures shall be architecturally
designed to blend into the environment in which they are situated
and shall meet the minimum setback requirements of the underlying
zoning district.
(c)
The communications equipment building shall comply with the
required yards and height requirements of the applicable zoning district
for a principal structure. Such building shall not exceed a maximum
footprint of 200 square feet. No building may be used as an office
or as a broadcast studio. Employees are permitted to visit the site
as often as necessary for maintenance and inspection of the building
and facility. No building or WCF may be used for long-term vehicle
storage or for other outdoor storage.
(19)
Additional Antennae. As a condition of approval for all tower-based
WCFs, the WCF applicant shall provide the Township with a written
commitment that it will allow other service providers to co-locate
antennae on tower-based WCFs where technically and economically feasible.
The owner of a tower-based WCF shall not install any additional antennae
without obtaining the prior written approval of the Township.
(20)
Public Safety Communications. No tower-based WCF shall interfere
with public safety communications or the reception of broadband, television,
radio or other communications services enjoyed by occupants of nearby
properties.
(21)
Radio Frequency Emissions. No tower-based WCF may, by itself
or in conjunction with other WCFs, generate radio frequency emissions
in excess of the standards and regulations of the FCC, including but
not limited to, the FCC Office of Engineering Technology Bulletin
65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure
to Radio Frequency Electromagnetic Fields," as amended.
(22)
Noise. Tower-based WCFs shall be operated and maintained so
as not to produce noise in excess of applicable noise standards under
state law and the Township Code of Ordinances, except in emergency
situations requiring the use of a backup generator, where such noise
standards may be exceeded on a temporary basis only.
(23)
Aviation Safety. Tower-based WCFs shall comply with all federal
and state laws and regulations concerning aviation safety, and any
applicable airport zoning regulations, if any. The WCF applicant shall
furnish a statement from the FCC, FAA and Commonwealth Bureau of Aviation
that the tower-based WCF complies with applicable regulations or is
exempt from these regulations.
(24)
Access Road. A paved access road, of at least 10 feet in width,
in an easement of at least 20 feet in width, turnaround space and
a minimum of one off-street parking space shall be provided to ensure
adequate emergency and service access to tower-based WCF. Maximum
use of existing roads, whether public or private, shall be made to
the extent practicable. Road construction shall at all times minimize
ground disturbance and the cutting of vegetation. Road grades shall
closely follow natural contours to assure minimal visual disturbance
and minimize soil erosion. Where applicable, the WCF owner shall present
documentation to the Township that the property owner has granted
an easement for the proposed facility.
(25)
Bond. Prior to the issuance of a permit, the owner of a tower-based
WCF shall, at its own cost and expense, obtain from a surety licensed
to do business in Pennsylvania and maintain a bond or other form of
security acceptable to the Township Solicitor, in an amount of $100,000
to assure the faithful performance of the terms and conditions of
this Chapter. The bond shall provide that the Township may recover
from the principal and surety any and all compensatory damages incurred
by the Township for violations of this Chapter, after reasonable notice
and opportunity to cure. The owner shall file the bond with the Township.
(26)
License and Insurance. In addition, the applicant shall submit
a copy of its current Federal Communications Commission (FCC) license;
the name, address and emergency telephone number for the operator
of the tower-based WCF or antennae; and a certificate of insurance
evidencing general liability coverage in the minimum amount of $1,000,000
per occurrence and property damage coverage in the minimum amount
of $1,000,000 per occurrence covering the tower-based WCF, antenna,
and related facilities.
(27)
Timing of Approval. Within 30 calendar days of the date that
an application for a tower-based WCF is filed with the Township, the
Township shall notify the applicant in writing of any information
that may be required to complete such application. All applications
for tower-based WCFs shall be acted upon within 150 days of the receipt
of a fully completed application for the approval of such tower-based
WCF and the Township shall advise the applicant in writing of its
decision. If additional information was requested by the Township
to complete an application, the time required by the applicant to
provide the information shall not be counted toward the one-hundred-fifty-day
review period.
(28)
Permit Fees. The Township may assess appropriate and reasonable
permit fees directly related to the Township's actual costs in reviewing
and processing the application for approval of a tower-based WCF,
as well as related inspection, monitoring and related costs pursuant
to a fee schedule adopted and as amended from time to time by the
Township Board of Supervisors.
(29)
Retention of Experts. The Township may hire any consultant(s)
and/or expert(s) necessary to assist the Township in reviewing and
evaluating the application for approval of the tower-based WCF and,
once approved, in reviewing and evaluating any potential violations
of the terms and conditions of this Chapter. The applicant and/or
owner of the WCF shall reimburse the Township for all costs of the
Township's consultant(s) in providing expert evaluation and consultation
in connection with these activities.
(30)
Nonconforming Uses. Nonconforming tower-based WCFs which are
hereafter damaged or destroyed due to any reason or cause may be repaired
and restored at their former location, but must otherwise comply with
the terms and conditions of this Chapter.
(31)
Maintenance. The following maintenance requirements shall apply:
(a)
Any tower-based WCF shall be fully automated and unattended
on a daily basis and shall be visited only for maintenance or emergency
repair.
(b)
Such maintenance shall be performed to ensure the upkeep of
the facility in order to promote the safety and security of the Township's
residents.
(c)
All maintenance activities shall utilize nothing less than the
best available technology for preventing failures and accidents.
(32)
Inspection. The Township reserves the right to inspect any tower-based
WCF to ensure compliance with the provisions of this Chapter and any
other provisions found within the Township Code or state or federal
law. The Township and/or its agents shall have the authority to enter
the property upon which a WCF is located at any time, upon reasonable
notice to the operator, to ensure such compliance.
(33)
Removal. In the event that use of a tower-based WCF is planned
to be discontinued, the owner shall provide written notice to the
Township of its intent to discontinue use and the date when the use
shall be discontinued. Unused or abandoned WCFs or portions of WCFs
shall be removed as follows:
(a)
All unused or abandoned tower-based WCFs and accessory facilities
shall be removed within 12 months of the cessation of operations at
the site unless a time extension is approved by the Township.
(b)
If the WCF and/or accessory facility is not removed within 12
months of the cessation of operations at a site, or within any longer
period approved by the Township, the WCF and accessory facilities
and equipment may be removed by the Township and the cost of removal
assessed against the owner of the WCF.
(c)
Any unused portions of tower-based WCFs, including antennas,
shall be removed within 12 months of the time of cessation of operations.
The Township must approve all replacements of portions of a tower-based
WCF previously removed.
[Ord. No. 196-2018, 9/12/2018]
A.
A treatment center shall be required to meet the following standards
and regulations:
(1)
A minimum gross lot area of 10 acres shall be provided.
(2)
Principal buildings shall be set back a minimum of 250 feet
from the lot line of any existing residential use.
(3)
The applicant shall provide a written description of all types
of residents the use is intended to serve over the life of the use
and occupancy permit. Any future additions or modifications to this
list shall require additional zoning approval, to include a new special
exception or conditional use approval if a new treatment center would
be then subject to such approval.
(4)
The applicant shall demonstrate, to the satisfaction of the
approving entity, that the use will provide adequate supervision and
security measures to protect public safety.
(5)
The approving entity may place conditions on the use as necessary
to protect public safety, including conditions on the types of residents
and security measures.
(6)
The use shall provide temporary treatment which shall not routinely
exceed 12 months and shall not be a long-term residential use.
[Ord. No. 196-2018, 9/12/2018]
A.
Upper floor dwelling units or live/work units shall be required to
meet the following standards and regulations:
(1)
The following minimum floor areas requirements shall be met:
|
Type of Unit
|
Minimum Floor Area
(square feet)
|
|---|---|
|
Efficiency
|
550
|
|
One-bedroom
|
650
|
|
Two-bedrooms
|
800
|
|
Three-bedrooms (maximum permitted)
|
1,000
|
(2)
Separate kitchen and bathroom facilities shall be provided per
unit. All applicable Township Building Code and Chester County Health
Department regulations and permits requirements regarding the installation
of these facilities shall be met and indicated on all plans. Approval
from all applicable agencies is necessary prior to issuance of a building
permit by the Township.
(3)
Total floor area devoted to apartment dwelling units within
the structure shall not exceed four times the total floor area of
the ground floor nonresidential use or uses.
(4)
Entrance to any apartment dwelling unit may be shared with another
unit or units, but shall be independent of the nonresidential use
or uses.
(5)
Off-street parking required for each apartment dwelling unit
shall be in accordance with Part 9, General Regulations, and shall
be in addition to the parking required for the nonresidential use
or uses except to the extent that a reduction in parking is approved
at the discretion of the Township.
(6)
Where two or more apartment dwelling units are to be created
above the ground floor, requisite approvals of interior layout, emergency
exits, etc., shall be obtained from the Pennsylvania Department of
Labor and Industry, and a copy provided to the Zoning Officer and
local fire company upon receipt of such approval.
(7)
Trash receptacles shall be screened so as not to be visible
from the street or abutting properties except on scheduled days for
trash pick-up.
(8)
For any residential conversion, site and floor plans shall be
included with the application for upper floor dwelling unit or live/work
unit, indicating both exterior and interior building alterations.
[Ord. No. 196-2018, 9/12/2018]
A.
A veterinary office or veterinary clinic shall be permitted when
in accordance with the following standards:
(2)
Each veterinary office or clinic shall have all exercise areas
or pens entirely fenced to prevent animals from leaving the property
and set back a minimum of 75 feet from all lot lines. All accessory
buildings and structures shall be set back a minimum of 25 feet from
rear and side property lines.
(3)
All buildings and structures associated with a veterinary office
or clinic shall be sound insulated.
(4)
The sale of related products shall remain accessory to the veterinary
office or clinic, and shall occupy no more than 25% of the total floor
area of the principal building.
(5)
There shall be no outdoor storage of materials.
(6)
All veterinary offices or veterinary clinics shall be meet Pennsylvania
State licensing and codes.
(7)
All animals shall be inside an enclosed building between the
hours of 8:00 p.m. prevailing time and 7:00 a.m. prevailing time.
[Ord. No. 196-2018, 9/12/2018]
A.
The following regulations and standards shall apply to any wholesale
agricultural produce auctions, stockyards, and buying stations when
established as the principal use of a lot or parcel and not accessory
and incidental to a working farm:
(1)
The subject tract shall front on and gain access from either
an arterial or collector road as identified in the Honey Brook Township
and Borough Multi-Municipal Comprehensive Plan, or a street in a proposed
subdivision or land development plan in the BI — Business Industrial
District, which conforms to prevailing arterial or collector street
design and improvement requirements.
(2)
While the maximum gross lot area for the land use shall not
exceed five acres in area, the use shall be of approximate size and
design so that vehicular and pedestrian traffic to and from the use
will not create undue congestion or hazards within the general neighborhood.
(3)
All driveways, parking areas, and loading zones shall be proposed
to be surfaced and maintained in a manner acceptable to the approving
entity. Adequate parking and loading areas shall be provided and shall
not be permitted on or along any public road.
(4)
The owner and/or operator of the land use shall be responsible
for removing any mud from public roads caused by vehicles traveling
to and from the facility.
(5)
Any approval of such use shall establish the permissible days
and hours of the operation for the land use.
(6)
Soil erosion, sedimentation, and stormwater runoff shall be
controlled in accordance with all applicable laws and regulations.
(7)
Screening and/or landscaping may be required by the approving
entity as a condition of approval.
(8)
The zoning application shall be accompanied by a working plan
for the clean-up and disposal of litter on the subject property.
(9)
All outdoor loudspeaker and lighting systems shall be designed,
arranged, and operated to prevent a nuisance on adjoining properties.
(10)
No building or parking facility shall be located within 100
feet of any adjacent residential property.
(11)
Stockyards shall have a manure storage plan and nutrient management
plan approved by the Chester County Conservation District.
[Ord. No. 196-2018, 9/12/2018]
A.
The following standards and regulations shall apply to all wholesale
distribution, storage, and warehouse uses.
(1)
All tractor trailer parking, outdoor storage, and loading/unloading areas visible from beyond the tract boundary shall be screened in accordance with the requirements in Part 9, General Regulations, of this Chapter.
(2)
Plantings also shall comply with the following standards:
(a)
Trees shall be selected, in part, for resistance to diesel exhaust.
(b)
Trees shall be planted on the exterior side of any required
berm, any wall permitted in place of such a berm, any wall used for
screening, any fence, and/or any evergreen screening. Trees may be
planted on the top of any berm for purposes of effective screening.
(3)
Township requirements for landscaping the interior of parking
areas shall not be applicable to this use.
(4)
Any truck entrance, loading/unloading area, outdoor storage,
or truck parking area shall be a minimum of 250 feet from any residential
use.
(5)
There shall be an appropriate system to contain and properly
dispose of any fuel, grease, oils, or similar pollutants that may
spill or leak where such substances are stored or where vehicles are
fueled, repaired, or maintained.
[Added by Ord. No. 197-2019, 7/10/2019]
A.
The following regulations and standards shall apply to any microbrewery
or microdistillery:
(1)
Microbreweries and microdistilleries shall only be permitted
on properties containing a minimum gross lot area of two acres.
(2)
Any outdoor seating shall comply with the regulations for outdoor
cafes.
(3)
They must have all necessary permits and/or licenses from the
Pennsylvania Liquor Control Board or any successor agency.
(4)
In the MUC District, a minimum of 20% of floor area must be
dedicated to a tasting room, restaurant, or retail sales of product
to consumers.
[Added by Ord. No. 197-2019, 7/10/2019]
A.
The following operational standards and regulations shall apply to
all wineries and their related ancillary and accessory uses:
(1)
General.
(a)
The primary purpose of the winery shall be to process fruit
or honey into wine.
(b)
A winery shall be deemed a principal use of a property. Where
such use is located on a property in the A Agricultural District,
it shall be considered a second principal use and shall only be permitted
if the first principal use of the property is a vineyard.
(c)
Indoor tasting rooms, restaurants, promotional events and retail
sales accessory to the winery use shall be permitted as accessory
uses to the winery. The term "indoor" does not include events held
outside of the winery building under tents or other temporary structures.
(d)
A retail use accessory to a winery shall be limited to the sale
of wine and wine-related products, other agricultural products, wine
tasting, retail sale of wine for on-premises consumption, and instruction
related to the wine-making process. Accessory retail sales of wine
shall be limited to sale of wine products produced, vinted, cellared
or bottled by the winery operator or grown in a vineyard on the winery
property and custom-crushed at another facility for the winery operator.
(e)
Adequate parking in accordance with the standards for industrial and warehouse uses shall apply; however, if a retail component (tasting room, restaurant, retail sales) is offered, then additional parking spaces shall be required in accordance with the standards of § 27-909 for a retail business or restaurant, as applicable.
(2)
All wineries shall be subject to land development application and approval requirements pursuant to the Township's Subdivision and Land Development Ordinance, Chapter 22.
(3)
Outdoor Events. The use of outdoor space on a property containing a winery for organized special events, including, but not limited to, weddings, parties, promotional events, festivals, or receptions, or any gathering of people which includes the use of amplified sound, is permitted only by approval of a special exception by the Zoning Hearing Board, upon satisfaction of the general criteria for special exceptions contained in § 27-1410, and the following standards:
(a)
The winery property must contain a minimum of 15 contiguous
gross acres of land.
(b)
No outdoor event or temporary structure (including tents) associated
with such event shall be located within 150 feet of any property line,
except that parking areas may be located having a fifty-foot setback
from the property lines. There shall be a vegetative buffer area between
all parking areas and adjacent residential uses and districts. The
buffer shall include evergreen planting, at least four feet in height.
The species and spacing of the plantings shall be reviewed and approved
by the Township.
(c)
A permit shall be required from the Township for the erection
of temporary tents or other temporary structures to serve outdoor
events. Application for such permit must be made a minimum of five
business days in advance of any event utilizing such structure. Any
such temporary structure must be removed within 48 hours of the end
of such outdoor event.
(d)
There shall be no more than 12 outdoor events in any calendar
year. Special exception approval shall specify whether such approval
is for a one-time or limited number of specific events, or if such
approval shall permanently authorize multiple similar or recurring
events each year, in which case such approval shall specify in adequate
detail the general nature, size, and location of such approved events
so as to enable the Township to determine future compliance with this
section.
(e)
All outdoor events shall end no later than 10:00 p.m.
(f)
Adequate on-site parking and vehicular circulation must be provided
to accommodate the maximum number of attendees for any outdoor event.
No parking along public roadways shall be permitted.
(g)
Adequate sanitary sewer facilities exist on site, or will be
provided on a temporary basis, to accommodate the number of event
attendees.
(h)
A maximum number of attendees for such outdoor events may be
set as a condition of approval, based upon the size, configuration,
or other limitations of the property or other property-specific concerns
related to noise, traffic, or other matters affecting the public health,
safety and welfare.
