Township of Valley, PA GENERAL PROVISIONS

Solar Energy.

Applicants shall comply with all applicable Valley Township Building Code requirements for solar energy systems, in addition to the requirements of this section. In the event of a conflict between the provisions of this section and the Valley Township Building Code,[1] the Valley Township Building Code shall control.

[1]

Editor's Note: See Ch. 5, Building Code.

A solar energy system is considered an accessory use only if it supplies electrical or thermal power primarily for on-site use with a system design capacity no greater than 125% of normal peak on-site energy demand.

In all zoning districts, solar energy systems are permitted as an accessory use to the principal use of the lot and shall be located on the same lot as the principal use which they serve, subject to compliance with the following conditions:

A ground-mounted solar energy system(s) shall not be placed in a front yard.

The area of a ground-mounted solar energy system shall be calculated as part of lot coverage. The area of a ground-mounted solar energy system shall be the design/calculated maximum footprint area as projected onto the ground surface in the flattest inclination position in which the solar energy system panels will be utilized. Where two or more panels are grouped together, the dimensions (length and/or width) shall be the cumulative dimension of the panels.

Energy generated in excess of the requirements of the principal use of the property may be purchased or acquired by a public utility in accordance with the law or other government regulations.

Solar energy systems shall comply with the area and bulk regulations of the underlying zoning district.

The minimum setback distance from side and rear yards shall be the setback as required for other accessory uses within the applicable zone, with the additional requirement that the setback distance shall be no less than the height of the solar energy system above ground (so that it does not fall onto a neighboring property).

Solar energy systems shall be promptly removed and properly disposed of when damaged or otherwise no longer in use.

No point of a ground-mounted solar energy system or its support structure shall exceed a height of 15 feet.

A roof-mounted solar energy system shall not extend beyond the existing overhangs of the structure to which it is attached. With the exception of flat-top roofs, roof-mounted solar energy systems shall not project above the ridge of the roofline.

The solar energy system shall comply with the Pennsylvania Uniform Construction Code, Act 45 of 1999, as amended.[2]

[2]

Editor's Note: See 35 P.S. § 7210.101 et seq.

10)

The design of the solar energy system shall conform to applicable industry standards.

11)

All exterior electrical and/or plumbing lines serving ground-mounted solar energy systems shall be buried below the surface of the ground and be placed in a conduit.

12)

A solar energy system shall be located to ensure solar access without reliance on adjacent properties.

13)

Ground-mounted solar energy systems must be fully screened from all adjoining residential uses and residentially zoned properties for the full height of the solar energy system.

14)

Where necessary to ensure that solar access to any solar energy system(s) 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(s) 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.

Ground-mounted solar energy systems as an accessory use proposed to be placed in a front yard may be permitted by conditional use by the Board of Supervisors, subject to the following conditions:

A perimeter buffer yard with screening shall be provided for ground-mounted solar energy systems along property line(s) and road right(s)-of-way in accordance with § 27-314, unless the Board of Supervisors determines that the existing topography and/or landscaping provide an adequate buffer and screen.

Wind Energy Conversion Systems (WECS).

Applicants shall comply with all applicable Valley Township Building Code requirements for WECS, in addition to the requirements of this section. In the event of a conflict between the provisions of this section and the Valley Township Building Code,[3] the Valley Township Building Code shall control.

[3]

Editor's Note: See Ch. 5, Code Enforcement.

A WECS is considered an accessory use only if it supplies electrical or thermal power primarily for on-site use with a system design capacity no greater than 125% of normal peak on-site energy demand.

In all zoning districts, WECS are permitted as an accessory use to the principal use of the lot and shall be located on the same lot as the principal use which they serve, subject to compliance with the following conditions:

WECS shall not be permitted in the front yard area of any property.

Height Limitations. The maximum height for a WECS shall not exceed 35 feet, and the height of the WECS unit shall not be greater than the shortest distance measured along a horizontal plane from the unit to any lot line.

WECS units may be placed on the roof of any structure provided that the perimeter of the unit does not cover 25% of the roof area of the structure on which the WECS unit is placed.

All transmission lines to and from any freestanding WECS unit or any supporting building or structure shall be buried underground.

Geothermal Energy.

Applicants shall comply with all applicable state, local, and building code requirements for geothermal energy systems.

In all zoning districts, geothermal energy systems are permitted as an accessory use to the principal use of the lot and shall be located on the same lot as the principal use which they serve.

Any mechanical equipment or aboveground appurtenances associated with the geothermal energy system shall comply with all accessory use setbacks for the zoning district in which the system is installed.

Ornamental Ponds.

Such structures shall comply with all accessory use setbacks.

All bodies of water or other impoundments exceeding the requirements of this section shall be considered as "ponds, lakes, dams and impoundments" and are subject to the criteria listed in § 27-302, Subsection 2N, of this chapter.

No such impoundment shall have a length or diameter exceeding 15 feet, a maximum surface area exceeding 225 feet nor a maximum depth exceeding two feet.

All such ornamental ponds shall be maintained so to not pose a nuisance by reason of odor or the harboring of insects.

No such ornamental pond(s) shall be used for the commercial hatching of fish or other species.

Man-Made Lakes, Ponds, Dams and Impoundments.

All lakes, dams, ponds and impoundments may be permitted in any zone subject to the following.

All dams, ponds, lakes and impoundments located along and connected to a stream, that involve any of the following, shall require a permit from the PA DEP Bureau of Dams and Waterways, Division of Dam Safety, or a letter indicating that the proposed use does not require a PA DEP permit:

The lake, dam, pond or impoundment contains a volume of at least 50 acre feet.

The dam reaches a height of 15 feet.

The lake, dam, pond or impoundment impounds the water from a watershed of at least 100 acres.

All lakes, dams, ponds and impoundments not contiguous to a stream that have an intake, outlet, or both, and/or have an embankment within 50 feet of a stream shall require a permit from the PA DEP Bureau of Dams and Waterways, Division of Waterways and Stormwater Management.

All lakes, dams, ponds and impoundments shall be located at least 75 feet from adjoining lot lines, and any subsurface sewage disposal system or well, unless the Board of Supervisors approves a lesser distance.

Maintenance. All lakes and ponds shall be regularly maintained and floating debris shall be removed from all pipes and spillways. All ground cover shall be trimmed. Weeds, brush and trees shall not be permitted to grow on the dam or spillway.

Garage/Yard Sales. Within any zone, an owner and/or occupant may conduct up to two garage/yard sales per year. No garage or yard sale shall be conducted for a period longer than three consecutive days. Such sales may offer for sale personal possessions; no import or stocking of inventory shall be permitted. Signage shall be in accordance with § 27-315, Subsection 7A(10), of this chapter. In no case shall any aspect of the garage/yard sale be conducted in a street right-of-way. The conduct of garage sales beyond the extent described herein represents a commercial business and requires appropriate zoning authorization.

Firewood Storage. Firewood may be stored upon residential use lots solely for use on the premises and not for resale. All firewood located upon residential use lots shall be stored as follows:

The firewood shall be cut/split, prepared for use, and stored in a stack that is piled in a regular, orderly arrangement that is stable and reasonably resistant to collapse.

The height of a woodpile over three feet shall be no more than twice its width, but in no event shall the height exceed six feet.

Firewood shall not be stored in front yards with the exception that firewood may be stored on a front porch of a residential structure, provided that no more than 1/4 of a cord is stored on the porch.

No more than two cords shall be stored on any residential premises without a permit issued by the fire department.

Firewood located in side and/or rear yards must comply with accessory use setback requirements of the underlying zoning district.

Keeping of animals shall be in accordance with § 27-322 of this chapter.

Landscaping, Buffering, and Screening. Shall be permitted in accordance with § 27-314 of this chapter.

Signs. Shall be permitted in accordance with § 27-315 of this chapter.

Lighting. Shall be permitted in accordance with § 27-320 of this chapter.

Fences, Walls, and Hedges. Shall be permitted in accordance with § 27-321 of this chapter.

Accessory Residential Quarters.

[Added by Ord. No. 02-2023, 2/21/2023]

Accessory Residential Quarters Attached.

Accessory residential quarters attached shall be permitted as an accessory use to a single-family detached dwelling in the C, R-1, and R-2 zones subject to the following criteria:

The accessory residential quarters attached shall be located on the approved lot, which shall comply with the area and bulk requirements and utility provisions for the underlying zoning district.

No more than one accessory residential quarters attached shall be permitted on a lot.

The lot owner shall reside on the same lot as the accessory residential quarters attached, in either the single-family detached dwelling or in the accessory residential quarters attached.

The accessory residential quarters attached shall be occupied by a maximum of two people. At least one occupant of the accessory residential quarters attached shall be the lot owner, a relative of the lot owner, or a caregiver for the lot owner.

The accessory residential quarters attached may not have a gross floor area in excess of 1,000 square feet of living space.

The applicant shall provide evidence that the property is serviced by public sewer and water or that the existing on-lot sewage disposal system and well have sufficient capacities to accommodate the principal dwelling plus the accessory residential quarters attached. All utility provisions, including sewage disposal and water supply that serve the accessory residential quarters attached shall be physically connected to those systems serving the principal dwelling. The potable water and sewage disposal systems shall also be subject to review and approval by PADEP and the Chester County Health Department, in addition to Valley Township, where applicable.

In addition to the number of off-street parking spaces required to accommodate the principal use, a minimum of one off-street parking space shall be required for the accessory residential quarters attached, which shall have unrestricted access to the street.

Upon construction of the accessory residential quarters attached, the Zoning Officer shall issue a zoning permit, which shall be reviewed every year to determine compliance with the provisions of this chapter.

Upon the permanent discontinuance of use of the accessory residential quarters attached as an accessory residential use, the area occupied by the accessory residential quarters attached must be converted to common living space of the principal use. Permanent discontinuance of use shall be considered nonoccupancy of the accessory residential quarters attached for more than one year or as otherwise authorized by the Zoning Officer. A plan for the eventual conversion shall be provided to the Township for approval as part of the building permit application.

Accessory Residential Quarters Detached.

Accessory residential quarters detached shall be permitted as an accessory use to a single-family detached dwelling in the C, R-1, and R-2 zones subject to the following criteria:

The accessory residential quarters detached shall be located on an approved lot of that district, which complies with the minimum and maximum dimensional requirements and utility provisions of the underlying zoning district.

No more than one accessory residential quarters detached shall be permitted on a lot.

Unless otherwise subdivided in accordance with the provisions of the Valley Township Code of Ordinances, the principal use shall remain that of a single-family detached residential dwelling unit, and the accessory residential quarters detached shall be an accessory use.

The lot owner shall reside on the same lot as the accessory residential quarters detached, in either the single-family detached dwelling or in the accessory residential quarters detached.

The accessory residential quarters detached shall be occupied by a maximum of two people. At least one occupant of the accessory residential quarters detached shall be the lot owner, a relative of the lot owner, or a caregiver for the lot owner.

The accessory residential quarters detached may not have a gross floor area in excess of 1,000 square feet of living space.

In addition to the number of off-street parking spaces required to accommodate the principal use, a minimum of one off-street parking space shall be required for the accessory residential quarters detached, which shall have unrestricted access to the street.

The accessory residential quarters detached shall be installed and located only in the side or rear yards of the principal dwelling and shall conform to all side and rear yard setback requirements for principal uses as required in the underlying zoning district.

10)

The accessory residential quarters detached shall not be a mobile home.

Upon construction of the accessory residential quarters detached, the Zoning Officer shall issue a zoning permit, which shall be reviewed every year to determine compliance with the provisions of this chapter.

Upon the permanent discontinuance of use of the accessory residential quarters detached as an accessory residential dwelling, the detached building must be converted to a non-dwelling accessory use in accordance with requirements of the most current building codes. Permanent discontinuance of use shall be considered nonoccupancy of the accessory residential quarters detached for more than a year or as otherwise authorized by the Zoning Officer. A plan for the eventual conversion shall be provided to the Township for approval as part of the building permit application.

Nonresidential Accessory Uses and Structures. Accessory uses and structures customarily incidental to commercial, industrial, and institutional uses include but are not limited to the following and are permitted by right unless otherwise stipulated:

Storage sheds.

Access Drives, Off-Street Parking Facilities, and Off-Street Loading Facilities. Shall be permitted in accordance with §§ 27-311, 27-312, and 27-313 of this chapter.

Satellite Dish Antennas. Satellite dish antennas are subject to all accessory use standards; however, satellite dish antennas within the planned development, industrial, and commercial zones shall comply with all principal use standards. Additionally, all ground-mounted satellite dish antennas located within the planned development, industrial or commercial zones that are used to transmit video format data shall be completely enclosed by an eight-foot-high nonclimbable fence that includes signage warning of dangerous radiation levels. Any gates within the fence shall be locked when unattended.

Alternative Energy Sources. Shall be permitted in accordance with § 27-302, Subsection 2L, of this chapter.

Ornamental Ponds. Shall be permitted in accordance with § 27-302, Subsection 2M, of this chapter.

Man-Made Lakes, Ponds, Dams and Impoundments. Shall be permitted in accordance with § 27-302, Subsection 2N, of this chapter.

Landscaping, Buffering, and Screening. Shall be permitted in accordance with § 27-314 of this chapter.

Signs. Shall be permitted in accordance with § 27-315 of this chapter.

Lighting. Shall be permitted in accordance with § 27-320 of this chapter.

Fences, Walls, and Hedges. Shall be permitted in accordance with § 27-321 of this chapter.

Outdoor Storage. Shall be permitted in accordance with requirements as specified within the zoning district in which the use is located.

Waste Products and Dumpsters. Shall be permitted in accordance with requirements as specified within the zoning district in which the use is located.

Drive-Through. Shall be permitted as an accessory use to a restaurant, fast-food restaurant, bank, or drugstore when authorized by conditional use in accordance with § 27-454 of this chapter.

Filling Station. Shall be permitted as an accessory use to a convenience store in when authorized by conditional use in accordance with § 27-404 of this chapter.

§ 27-303 Unenclosed Storage.

[Ord. No. 2015-01, 6/22/2015]

Recreational Vehicles, Boats, Campers, Trailers and Trucks. In any residential zone, no boats, campers, recreational vehicles, trailers, or trucks with more than two axles (except personal pickup truck), shall be stored within any front yard, unless located within a driveway.

Outdoor Stockpiling. In all zones, no outdoor stockpiling of any material or outdoor storage of trash is permitted in the front yard. In any residential zone, the outdoor stockpiling of materials (except firewood) for more than 90 days is prohibited unless such materials are concealed.

§ 27-304 Setback Modifications.

[Ord. No. 2015-01, 6/22/2015]

Front Setback of Buildings on Built-up Streets. Where at least two adjacent buildings within 100 feet of a property are set back a lesser distance than required, the average of the lesser distances becomes the required minimum front setback for the property. However, in no case shall the setback line be less than 30 feet from any abutting street right-of-way line.

Accessory or Appurtenant Structures. The setback regulations do not apply to:

Bus shelters; telephone booths; and cornices, eaves, chimneys, steps, canopies, and similar extensions but do apply to covered and uncovered patios and decks and uncovered porches.

Open fire escapes.

Minor public utility structures, articles of ornamentation or decoration.

Fences, hedges and retaining walls.

§ 27-305 Height Limit Exceptions.

[Ord. No. 2015-01, 6/22/2015]

The height regulations do not apply to the following structures or projections, provided such structures or projections are set back a horizontal distance at least equal to their height from any property line:

Water towers, antennas, utility poles, smokestacks, chimneys, farm silos, windmills, flagpoles or other similar structures.

Rooftop structures for the housing of elevators, stairways, water storage tanks, ventilating fans and other mechanical appurtenances.

Parapet walls or cornices used solely for ornamental purposes if not in excess of five feet above the roof line.

In no case shall any freestanding or roof-top structure above the maximum permitted height be used for the purpose of providing additional floor space for residential, commercial or industrial purposes.

All structures and/or projections must comply with the provisions of the Airport Safety Zone listed in § 27-209 of this chapter.

§ 27-306 Corner Lots.

[Ord. No. 2015-01, 6/22/2015]

A front yard, as provided for in the area and lot requirements for the various zones, shall be required along each street on which a comer lot abuts.

On any lot, no wall, fence, or other structure shall be erected, altered or maintained, and no hedge, tree, or other growth shall be planted or maintained which may cause danger to traffic on a street by obscuring the view. On corner lots, no such structure or growth shall be permitted within an area which is formed by a triangle where the two legs of the triangle extend 100 feet from the center line intersection of the two intersecting streets.

§ 27-307 Erection of More Than One Principal Use on a Lot.

[Ord. No. 2015-01, 6/22/2015]

A single lot may not contain more than one single-family detached dwelling.

With the exception of the § 27-307, Subsection 1, regulation, more than one principal use may be erected on a single lot, provided that all lot and yard requirements, standards, and other requirements of this chapter shall be met for each structure, as though it were on an individual lot. In addition, such proposals shall gain approval for a land development plan, and provide individually approved methods of sewage disposal.

§ 27-308 Access Management.

[Ord. No. 2015-01, 6/22/2015]

Nonconforming Driveways and Access Drives. Driveways and access drives that do not conform to the access management regulations in this chapter or Chapter 22, Subdivision and Land Development, and were constructed before the enactment of this chapter or Chapter 22, Subdivision and Land Development, shall be considered legal nonconforming driveways or access drives. However, nonconforming driveway(s) or access drive(s) shall be reconstructed to comply with the regulations in this chapter and Chapter 22, Subdivision and Land Development, under any of the following conditions:

New driveway or access drive permits are requested;

Modifications to an existing driveway or access drive permit are requested;

The property owner or applicant applies for a change in property use and will generate more vehicle trips than the existing use; or

An expansion of the existing use will result in an increase in trip generation.

Relationship to PennDOT Highway Occupancy Permit. Issuance of a PennDOT Highway Occupancy Permit (HOP) does not guarantee site plan approval by Valley Township, nor does it deem the plan in conformance with this chapter. The HOP submittal to PennDOT should not occur before approval to do so by Valley Township. However, upon request of the applicant or request of the Township, PennDOT may be brought into the review process to reconcile site design and access issues.

§ 27-309 Required Vehicular Access.

[Ord. No. 2015-01, 6/22/2015]

All lots when created shall be adjacent to a public or private street. Every building hereafter erected or moved shall be on a lot adjacent to a public street or to an approved private street. The erection of a building(s) upon a lot without approved access shall not be permitted. Approved access shall be defined in terms of Chapter 22, Subdivision and Land Development, for street design or as subsequently provided for by the Township. Access to lots containing single-family dwellings (duplexes, single-family detached, townhouses, and twins) or a farm shall be via driveways (see § 27-310); access to lots containing other uses shall be via access drives (see § 27-311).

§ 27-310 Driveway Requirements.

[Ord. No. 2015-01, 6/22/2015]

Number Per Lot. No more than two driveway connections per lot shall be permitted.

Setbacks. Driveways shall not connect with a public street within 40 feet of the right-of-way lines of any intersecting streets, within five feet of a fire hydrant, nor, except as otherwise provided in this chapter, within three feet of adjoining lot lines.

Clear Sight Triangle. Driveways shall be located, constructed, and maintained so that a clear sight triangle is provided in accordance with the design standards set forth in Chapter 22, Subdivision and Land Development, of the Code of Ordinances of Valley Township.

[Amended by Ord. No. 07-2022, 12/20/2022]

Slope. A driveway shall not exceed a slope of 8% within 25 feet of the street right-of-way lines and the garage (or parking area), and shall not exceed a slope of 14% at any point.

Road Classification. Driveway access shall be provided to the street of lesser classification when there is more than one street classification involved.

Driveway Width. No driveway shall provide a curb cut exceeding 24 feet in width.

PennDOT Permit. Any driveway intersecting with a state-owned road shall require the obtaining of a driveway permit from the Pennsylvania Department of Transportation.

Drainage. Driveways shall not be constructed in a manner to be inconsistent with the design, maintenance and drainage of the street.

§ 27-311 Access Drive Requirements.

[Ord. No. 2015-01, 6/22/2015]

Number Per Lot. Except as specified elsewhere, the number of access drives intersecting with a street may not exceed two per lot.

Setbacks. The edge(s) of all access drives shall be set back at least:

One hundred feet from the intersection of any street right-of-way lines.

One hundred feet from any other access drive located upon the same lot (measured from cartway edges).

Fifteen feet from any side and/or rear property lines; however, this setback may be exempt where a joint parking lot is shared by adjoining uses if approved by the Board of Supervisors.

Clear Sight Triangle. Access drives shall be located, constructed, and maintained so that a clear sight triangle is provided in accordance with the design standards set forth in Chapter 22, Subdivision and Land Development, of the Code of Ordinances of Valley Township.

[Amended by Ord. No. 07-2022, 12/20/2022]

Slope. Access drives shall not exceed a slope of 4% within 75 feet of the intersecting street line.

Surfacing. All access drives shall be paved with concrete or bituminous paving material, or another dust-free material suitable to the Board of Supervisors.

Access Drive Width. Access drives shall provide a twelve-foot-wide cartway for each lane of travel. However, in no case shall any access drive cartway be less than 18 feet wide if it provides for truck movement between the public right-of-way and any required off-street loading spaces as regulated by § 27-313 of this chapter.

PennDOT Permit. Any access drive intersecting with a state-owned road shall require a Pennsylvania Department of Transportation driveway permit.

§ 27-312 Off-Street Parking Requirements.

[Ord. No. 2015-01, 6/22/2015]

Off-street parking shall be required in accordance with the provisions of this section prior to the occupancy of any building or use, so as to alleviate traffic congestion on streets. These facilities shall be provided whenever:

A building is constructed or a new use is established.

The use of an existing building or land is changed to a use with different parking requirements.

An existing building or use is altered or enlarged so as to change the amount of parking space required.

Parking for Residential Dwellings.

Every single-family detached dwelling shall be required to provide at least two off-street parking spaces. Such spaces shall be provided within a driveway behind the street right-of-way line. Garages and carports shall not be considered parking spaces. Additional regulations pertaining to driveways are contained in § 27-310 of this chapter.

Townhouse, twin, and duplex dwellings shall be required to provide at least two off-street parking spaces per dwelling unit. Such spaces may not take the form of garages or carports. An additional 0.5 space per dwelling unit of on-street parking as usable, unobstructed parking lane and/or off-street common parking areas shall be provided and distributed through the development to be located no more than 100 feet from the dwelling served. Additional regulations pertaining to driveways are contained in § 27-310 of this chapter.

Every multiple-family dwelling unit shall be required to provide at least 2.5 off-street parking spaces. Such spaces shall be provided in the form of a common parking area or parking lot. Parking areas shall be distributed through the development so that the required 2.5 parking spaces are located no more than 100 feet from the dwelling served. Off-street parking shall comply with all regulations of § 27-312 of this chapter.

Site Plan Approval.

Each application for a zoning permit (for a use for which parking spaces are required) shall include a drawing (site plan) showing the proposed layout of the lot. The drawing shall clearly indicate all of the design elements required below.

No zoning permit shall be issued for any use for which parking spaces are required unless the site plan has been approved or necessary variances have been obtained.

Surfacing. All parking lots shall be constructed and maintained with a paved surface of concrete or bituminous materials, or another dust-free surface, approved by the Board of Supervisors.

Separation from Streets and Sidewalks. Parking spaces shall be guarded by curbs or other protective devices, which are arranged so that parked cars cannot project into the streets, yards, or walkways.

Drainage. Parking lots shall be graded to a minimum slope of 1% to provide for drainage. Adequately sized inlets and storm sewers shall be provided to discharge stormwater in accordance with a plan to be approved by the Township.

Parking Space Sizes. The following lists required minimum space sizes in feet:

Standard Car Spaces	Size (feet)
Parallel	23 by 8
Non-parallel	19 by 9

Design Standards For Handicapped Parking Spaces.

Size. The size of handicapped parking spaces and access aisles shall be in accordance with the standards set forth in the Americans with Disabilities Act (ADA) as currently in force or hereafter amended, as well as any federal regulations promulgated pursuant to that Act.

Location. Parking spaces for the physically handicapped shall be located as close as possible to ramps, walkways, entrances, and elevators. Where feasible, these parking spaces shall be located so that the physically handicapped are not forced to wheel or walk across main traffic lanes or behind parked cars to reach the ramps and other facilities. The spaces shall be situated in those areas of the parking lots located nearest to each primary building entrance.

Identification. Parking spaces for the physically handicapped shall be identified by signs, generally located eight feet above grade. The signs shall state that the space is reserved by law for the physically handicapped. Where these signs are placed flush against buildings or structures or in other locations not accessible to vehicular or pedestrian traffic, the height may be reduced to six feet. Handicapped spaces shall also be designated through blue surface painting.

Curbs.

Where a curb exists between a parking lot and a sidewalk, a horizontally scored ramp or curb cut shall be provided for wheelchair access.

The curb cut shall not be less than four feet wide and shall have a grade of not more than one foot in 12 feet.

Curb cuts shall be provided within 30 feet of each accessible entrance to the structure, at all pedestrian walk intersections and elsewhere to provide reasonable direct circulation within each development.

The curb cuts shall not be more than 150 feet apart.

Sidewalks.

Exterior sidewalks shall not be obstructed.

Exterior sidewalks shall have a side slope not greater than one inch in four feet. They shall be at least four feet wide and have a grade of not more than one foot in 20 feet.

Storm Drains. Storm drain grates and similar devices shall not be located within a parking space for the physically handicapped.

Grade. The grade of parking spaces for the physically handicapped shall not be more than one foot in 20 feet.

Interior Drive Widths.

Interior drives between rows of parking spaces shall have the minimum widths indicated in the following table:

	Width of Driveway
Angle of Parking	One-Way Traffic (feet)	Two-Way Traffic (feet)
90°	25	25
60°	20	22
45°	18	22
30°	11	22
Parallel	11	22

Interior drives in areas where there is no parking permitted shall be at least 11 feet wide for each lane of traffic.

10.

Marking of Parking Spaces and Interior Drives. All parking lots shall be adequately marked and maintained for the purpose of defining parking spaces and interior drives. As a minimum, the lines of all parking spaces and interior drives (including directional arrows, etc.) shall be solid white and four inches in width. Painted lines, arrows, and dividers shall be provided and maintained to control parking when necessary to direct vehicular circulation. Parking areas for over 30 vehicles shall be divided by permanent raised curbing that clearly defines parking spaces from designated access lanes.

11.

Not less than a four-foot radius of curvature shall be permitted for horizontal curb returns in parking areas.

12.

All dead-end parking lots shall be designed to provide sufficient backup area for all end spaces.

13.

Lighting. Adequate lighting shall be provided in accordance with § 22-615 of Chapter 22, Subdivision and Land Development. The lighting shall be arranged so that it is not directed at land used for residential purposes, or adjoining lots or streets.

14.

Access Drive Requirements. Every parking lot shall be connected to a street by means of an access drive. This access drive shall be at least 12 feet wide for each lane, exclusive of curb return and gutters. Section 27-311 specifies other requirements for access drives.

15.

Landscaping and Screening Requirements. The following landscaping and screening requirements shall apply to all parking lots:

Landscaped Strip.

When a parking lot is located in a yard which abuts a street, a landscaped strip shall be provided on the property along the entire street line. If there is no building or other structure on the property, the parking lot shall still be separated from the street by the landscaped strip. This strip shall be measured from the street ROW line. The strip may be located within any other landscaped strip required to be located along a street. The following lists required width of landscape strips:

Number of Spaces in Parking Lot, Including Joint Facilities	Landscape Strip Width Measured from Street ROW Line (feet)
Less than 100	15
100 to 250	20
Over 250	25

Unless otherwise indicated, all parking lots constructed in side or rear yards (as defined herein) shall be set back a minimum of 10 feet from all property lines. Such setbacks shall be used for landscape strips.

Interior Landscaping.

In any parking lot containing 20 or more parking spaces (except a parking garage), 10% of the total area of the lot shall be devoted to interior landscaping. Such interior landscaping shall be used at the end of parking space rows to break up rows of parking spaces at least every 10 parking spaces, and to help visually define travel lanes through or next to the parking lot. Landscaped areas situated outside of the parking lot, such as peripheral areas and areas surrounding buildings, shall not constitute interior landscaping. For the purpose of computing the total area of any parking lot, all areas within the perimeter of the parking lot shall be counted, including all parking spaces and access drives, aisles, islands and curbed areas. Ground cover alone is not sufficient to meet this requirement. Trees, shrubs or other approved material shall be provided. At least one shade tree shall be provided for each 300 square feet (or fraction) of required interior landscaping area. These trees shall be a minimum two-inch caliper with clear trunk at least five feet above finished-grade level and shall be reasonably dispersed throughout the parking lot.

Parked vehicles may not overhang interior landscaped areas more than 2 1/2 feet. Where necessary, wheel stops or curbing shall be provided to insure no greater overhang.

If a parking lot of under 20 spaces is built without interior landscaping, and later additional spaces are added so that the total is 20 or more, the interior landscaping shall be provided for the entire parking lot.

Screening.

When a parking lot is located on property which adjoins land in a residential zone, the parking lot shall be screened from the adjoining residential property.

16.

Joint Parking Lots.

In commercial shopping centers over three acres in size, joint parking lots may be permitted. These joint facilities can reduce the total number of parking spaces required by a maximum of 20%. Therefore, the resulting joint parking lot will be required to provide at least 80% of the total number of spaces required by the sum of all of the shopping center's tenants. Such reduced parking spaces must be appropriately distributed upon the lot to provide convenient walking distance between every vehicle and each of the shopping center's stores.

17.

Prohibited Uses of a Parking Lot. Automobile parking lots are for the sole purposes of accommodating the passenger vehicles of persons associated with the use which requires them. Parking lots shall not be used for the following:

The sale, display or storage of automobiles or other merchandise.

Parking/storage of vehicles accessory to the use.

Performing services (including services to vehicles).

Required off-street parking space, including access drives, interior drives and aisles, shall not be used for loading and unloading purposes, backing up or any wrong way (against the direction of traffic) movement of associated trucks or trash handling trucks, except during hours when business operations are suspended.

18.

Schedule of Required Off-Street Parking Spaces. The following lists required numbers of parking spaces by use type. Any use involving a combination of several uses shall provide the total number of spaces required for each individual use:

Type of Use		Minimum of One Parking Space for Each (or as otherwise noted)
Agricultural uses
Controlled-environment agriculture		Employee
Other agriculture, horticulture, and forestry		Employee
Commercial Uses
Automobile service facilities, filling stations, and car washes		400 square feet of gross floor and ground area devoted to repair and service facilities in addition to areas normally devoted to automobile storage plus 1 per employee on major shift
Automobile, boat, farm machinery and trailer sales		1,000 square feet of gross indoor and outdoor display areas
Banks and similar financial institutions		150 square feet of floor area for public use plus 1 per each employee on largest shift
Casinos [Added by Ord. No. 2018-01, 5/16/2018]		1 parking space for each 100 square feet of gross floor area
Commercial day care		6 students enrolled plus 1 per employee
Convenience stores		75 square feet of gross floor area
Dog day care		6 dogs enrolled plus 1 per employee
Dry cleaners and laundries (not self-service)		400 square feet of gross floor area
Funeral homes		100 square feet of gross floor area plus 1 per each employee
Hotels and motels		Guest sleeping room plus 1 per each employee on 2 largest shifts. (Restaurants and other accessory uses shall add to this requirement.)
Home improvement and building supply stores		300 square feet of gross floor area of display/sales area plus 1 per each employee
Laundromats (self-service)		2 washing machines
Medical, dental, and veterinary clinics		6 spaces per each physician, dentist, veterinarian, etc.
Mini warehouses		25 units plus 1 per 250 square feet of office space plus 2 per any resident manager
Offices		300 square feet of gross floor area
Personal service establishments, studios, and instructional facilities		200 square feet of gross floor area plus 1 per each employee
Retail store or shop (except those listed below)		300 square feet of gross floor area of display/sales area plus 1 per each employee on 2 largest shifts
	Carpeting, drapery, floor-covering and wall covering sales	500 square feet of gross floor area
	Grocery stores and food markets	150 square feet of gross floor area for public use plus 1 per each employee on 2 largest shifts
	Furniture sales	500 square feet gross floor area
Restaurants, fast-food restaurants, and taverns		4 seats plus 1 per each employee on largest shift
Shopping centers and shopping malls		182 square feet of gross leasable floor area
Other commercial buildings		400 square feet of gross floor area
Industrial Uses
Industrial and manufacturing establishments		2 employees on the 2 largest shifts or at least 1 space per each 1,000 square feet of gross floor area, whichever is the greatest number
Warehousing		Employee on the 2 largest shifts
Recreation Uses
Amusement arcade		80 square feet of gross floor area
Athletic field		4 seats of spectator seating; however, if spectator seating is provided, a temporary parking area shall be provided on the site. Such area must provide sufficient numbers of spaces to serve all users of the site and include a fence delineating such parking area.
Bowling alley and billiard room		1/4 lane/table (i.e., 4 spaces per lane/table) plus 1 per each 2 employees
Campgrounds		Per campsite, plus 1 per employee, plus 50% of the spaces normally required for accessory uses
Golf course		1/8 hole (i.e., 8 per hole), plus 1 per employee, plus 50% of the spaces normally required for accessory uses
Golf driving range		1 per tee plus 1 per employee
Health, recreation, and exercise clubs		250 square feet of gross floor area plus 1 per employee on largest shift, unless uses of spaces and facilities in the club have specific parking requirements
Miniature golf course		1/2 hole (i.e., 2 per hole) plus 1 per employee
Riding academy or stable		2 stalls plus 1 per every 4 seats of spectator seating
Picnic area		Per table
Skating rink		4 persons of maximum legal occupancy
Swimming pools (other than one accessory to a residential development)		4 persons of maximum legal occupancy
Tennis or racquetball clubs		1/4 court (i.e., 4 per court) plus 1 per employee plus 50% of the spaces normally required for accessory uses
Residential Uses
Residential dwelling		See § 27-312, Subsection 2, of this chapter
Boarding house, bed-and-breakfast		Bedroom
Social and Institutional Uses
Auditorium, banquet, conference center and meeting facilities, church, theater, and other such place of public assembly		200 square feet but not less than 1 space per each 2 seats
Community center		400 square feet of gross floor area, unless uses of spaces and facilities in the center have specific parking requirements
Nursing, rest or retirement homes		1 per each employee plus 1 per each 3 accommodations (beds)
Hospital		Spaces shall be provided for visitors at the rate of at least 1 space per each 1.5 accommodations (beds). Such spaces shall be in addition to those necessary for doctors and other personnel at 1 per employee.
Museum, art gallery, cultural center, library		400 square feet of gross floor area
Rehabilitation centers (without overnight accommodations)		1 per each employee plus 1 per each 3 people anticipated to be handled through the facility
Public and private schools below grade 10, including kindergarten		6 students enrolled
Public and private schools, 10th grade and above, including colleges		3 students enrolled
Vocational, mechanical, and trade schools and adult education facilities		1.5 students enrolled

19.

Pedestrian Accessibility. Walkways within a parking facility shall be in accordance with § 22-603 of Chapter 22, Subdivision and Land Development.

§ 27-313 Off-Street Loading Facilities.

[Ord. No. 2015-01, 6/22/2015]

Off-street loading shall be required in accordance with this section prior to the occupancy of any building or use so as to alleviate traffic congestion on streets. These facilities shall be provided whenever:

A new use is established.

The use of a property or building is changed and thereby requiring more loading space.

An existing use is enlarged, thereby requiring an increase in loading space.

Site Plan Approval.

Each application for a zoning permit (for use for which off-street loading spaces are required) shall include a drawing (site plan) showing the proposed layout of the loading area. The drawing shall clearly indicate the design elements required below.

No zoning permit shall be issued for any use for which a loading area is required unless the site plan has been approved or necessary variances have been approved.

Surfacing. All off-street loading facilities, including access drives, shall be constructed and maintained with a paved surface of concrete or bituminous materials.

Location. Except as provided elsewhere, a ground-level loading area may be located in any side or rear yard. No exterior portion of an off-street loading facility (including access drives) shall be located within 50 feet of any land within a residential zone. Where possible, off-street loading facilities shall be located on the side of a building not facing any adjoining land in a residential zone.

Connection to Street. Every loading space shall be connected to a street by means of an access drive. The access drive shall be at least 24 feet wide for two-way travel, or 18 feet wide for one-way travel, exclusive of any parts of the curb and gutters. Section 27-311 specifies other requirements for access drives.

Separation from Streets, Sidewalks and Parking Lots. Off-street loading spaces shall be designed so that there will be no need for service vehicles to back over streets, drives, aisles or sidewalks. Furthermore, off-street loading spaces and/or their use shall not interfere with off-street parking lots, including interior drives, access drives and aisles.

Drainage. Off-street loading facilities (including access drives) shall be drained to prevent damage to other properties or public streets. Furthermore, all off-street loading facilities shall be designed to prevent the collection of standing water on any portion of the loading facility surface, particularly next to access drives.

Required Off-Street Loading Facilities Sizes. The following lists required minimum loading space sizes, in feet (excluding access drives, entrances, and exits):

	Length (feet)	Width (feet)	Height (If Covered or Obstructed) (feet)
Industrial, wholesale and storage uses	63	12	15
All other uses	33	12	15

Lighting. Adequate lighting shall be provided if the loading facility is to be used at night. The lighting shall be provided in accordance with § 22-615 of Chapter 22, Subdivision and Land Development, and shall be arranged so as not to be directed, reflected or cause glare off of the site.

Landscaping and Screening Requirements. Unless otherwise indicated, all off-street loading facilities shall be surrounded by a fifteen-foot-wide landscape strip. All off-street loading facilities shall also be screened from adjoining residentially zoned properties and/or adjoining public streets.

10.

Schedule of Off-Street Loading Spaces Required.

Type of Use	Number Spaces Per	Gross Floor Area/Dwelling Units
Hospital or other institution	None 1.0 1.0	First 10,000 square feet 10,000 to 100,000 square feet Each additional 100,000 square feet (or fraction)
Hotel, motel and similar lodging facilities	None 1.0 +1.0	First 10,000 square feet 10,000 to 100,000 square feet Each additional 100,000 square feet (or fraction)
Industry or manufacturing	None 1.0 +1.0	First 2,000 square feet 2,000 to 25,000 square feet Each additional 40,000 square feet (or fraction)
Multifamily dwelling	None 1.0 +1.0	Less than 100 dwelling units 100 to 300 dwelling units Each additional 200 dwelling units (or fraction)
Office building, including banks	None 1.0 +1.0	First 10,000 square feet 10,000 to 100,000 square feet Each additional 100,000 square feet (or fraction)
Retail sales and services, per store	None 1.0 2.0 1.0	First 2,000 square feet 2,000 to 10,000 square feet 10,000 to 40,000 square feet Each additional 100,000 square feet (or fraction)
Shopping centers (integrated shopping centers, malls and plazas) having at least 25,000 square feet	1.0 +1.0	25,000 square feet up to 100,000 square feet Each additional 100,000 square feet
Theater, auditorium, bowling alley or other recreational establishment	None 1.0 +1.0	First 10,000 square feet 10,000 to 100,000 square feet Each additional 100,000 square feet (or fraction)
Undertaking establishment or funeral parlor	None 1.0 +1.0	First 3,000 square feet 3,000 to 5,000 square feet Each additional 10,000 square feet (or fraction)
Wholesale or warehousing (except mini-warehousing)	None 1.0 +1.0	First 1,500 square feet 1,500 to 10,000 square feet Each additional 40,000 square feet (or fraction)

§ 27-314 Screening and Landscaping Requirements.

[Ord. No. 2015-01, 6/22/2015]

Yard Ground Cover. Any part of the site which is not used for buildings, other structures, loading or parking spaces and aisles, sidewalks and designated storage areas shall be planted with an all-season ground cover approved by the Board of Supervisors (e.g., grass, ivy, vetch, pachysandra, etc.). It shall be maintained to provide an attractive appearance, and all nonsurviving plants shall be replaced within the next growing season or as otherwise required by the Zoning Officer.

Landscaping Requirements.

Any required landscaping (landscape strips and interior landscaping) shall include a combination of the following elements: deciduous trees, ground covers, evergreens, shrubs, vines, flowers, rocks, gravel, earth mounds, mulch beds, berms, walls, fences, screens, sculptures, fountains, sidewalk furniture or other approved materials. Artificial plants, trees and shrubs may not be used to satisfy any requirement for landscaping or screening. No less than 80% of the required landscape area shall be vegetative in composition, and no outdoor storage shall be permitted within required landscape areas.

For each 750 square feet of required area for landscape strips, one shade/ornamental tree shall be provided. For every 300 square feet of interior landscaping required (parking lots), one shade tree shall be provided. If deciduous, these trees shall have a clear trunk at least five feet above finished grade; if evergreen, these trees shall have a minimum height of six feet. All required landscape strips shall have landscaping materials distributed and required trees reasonably evenly dispersed along the entire length of the lot line abutting the yard.

Wherever possible, plant materials shall be native to the area.

Trees shall be placed with the center of the trunk at least five feet from property lines.

Screening Requirements.

All screening shall be evergreens (trees, hedges, or shrubs), except within the NCO Zone, where a combination of walls, fences, earth berms or other similar materials may also be permitted for screening if approved by the Board of Supervisors. Any wall or fence shall be in accordance with § 27-321 of this chapter.

Screening shall be arranged so as to achieve a complete (approximately 100%) visual barrier at least to the height of the line of sight from a height of six feet from the ground at the property line or the center line of the adjacent street and the top of any proposed structures. Landscape screens must achieve this visual blockage within two years of installation.

Where possible, plantings shall be placed in a random pattern to replicate the appearance of natural occurrence.

Where fencing is permitted for screening, such fencing must have an opacity of 95% to 100%. Chain-link fence may not be used for screening.

Selection of Plant Materials.

Trees and shrubs shall be typical of their species and variety; have normal growth habits, well-developed branches, densely foliated, vigorous, fibrous root systems. They shall have been grown under climatic conditions similar to those in the locality of the project or properly acclimated to conditions of the locality of the project.

Any tree or shrub which dies shall be replaced within the next growing season or as otherwise required by the Zoning Officer. All landscaping and screening treatments shall be properly maintained.

§ 27-315 Outdoor Signs.

[Ord. No. 2015-01, 6/22/2015]

Statement of Intent.

The purpose of the provisions established under § 27-315 of this chapter is to establish specific regulations pertaining to signs for all land uses, zoning districts and conditions within the Township. The objectives of these provisions are as follows: to promote and maintain overall community beautification; establish reasonable time, place and manner regulations on the exercise of free speech; promote traffic safety; and promote appropriate and efficient use of land.

The regulations concerning signs, as established under § 27-315 of this chapter, shall be subject to the interpretation of the Zoning Officer. Should a dispute arise concerning the interpretation of these regulations, the person aggrieved by the interpretation may file an appeal with the Zoning Hearing Board.

General Standards and Requirements for All Signs.

Permits. Unless otherwise specified by this chapter, a permit shall be required for all signs within the Township in accordance with the following procedures:

A permit application shall be submitted to erect, install, replace, remove and alter signs, as required by the provisions of this article. The application shall include the required permit fee. Permits are not required for maintenance and cleaning of signs.

The permit application shall contain all information necessary for the Zoning Officer to determine whether the proposed sign conforms with the requirements of this chapter. At a minimum, the following information shall be included:

Two copies of the plans and diagrams drawn accurately to scale depicting the dimensions of the lot, cartway, right-of-way and location of the sign.

The exact size, dimensions and location of the sign to be placed on the lot or building, together with its type, construction, materials to be used and the manner of installation.

Any other useful information which may be required of the applicant by the Zoning Officer.

The permit application shall be granted or refused within 30 days from the date of completed application.

No sign permit shall be issued except in conformity with the regulations of this article except upon order of the Zoning Hearing Board granted pursuant to the procedures established for the issuance of a variance.

Construction. All signs, except temporary signs, shall be constructed of durable material and kept in good condition and repair. Any sign which is allowed to become dilapidated or in a state of disrepair may, after 30 days of notification, be removed by the Township at the expense of the owner or lessee of the property on which it is located.

Removal of Signs. On-premises signs and off-premises signs that are no longer utilized for the original intent or use shall be removed from the site or changed to accommodate a new sign for the new use within 30 days of occupancy by the new use. All replacement signs shall conform with the provisions specified under this chapter of the Code. Upon the removal of any sign, whether temporary or permanent, such removal shall include all associated support, including the posts, poles, brackets, arms, trailers and other support mechanisms.

Location and Placement. All signs shall be located and placed in compliance with the provisions of this article. The following requirements shall apply:

No sign shall be posted, stapled or otherwise permanently attached to public utility poles or trees within a street right-of-way.

All signs shall be set back from street right-of-way lines and all property lines a minimum distance at least equal to the height of the highest point of the sign above grade. In no case shall a sign be located within five feet of a street right-of-way line or 15 feet of a property line, unless otherwise permitted in Matrix Chart 1 or in this chapter.[1]

[1]

Editor's Note: Matrix Chart 1 is included as an attachment to this chapter.

All traffic control signs, directional signs, traffic signals or other similar signs which are located within a street right-of-way shall be permitted by the Township and/or the Pennsylvania Department of Transportation.

No sign shall be located, placed or arranged in any manner that interferes with vehicular traffic or is within the clear sight triangle of a street intersection unless permitted to be within the clear sight triangle in other provisions of this chapter.

No sign shall be erected or located as to prevent free ingress or egress from any window, door or fire escape.

No sign shall be placed in such a position that it will obscure light or air from a building or which would create a traffic danger.

Area. The area of all signs which are permitted within the Township are specified under § 27-315, Subsection 3, of this chapter. The following specific provisions shall apply to the area of a sign:

The area of a sign shall be construed to include all lettering, wording, border trim or framing and accompanying designs and symbols, together with the background, whether open or enclosed, on which they are displayed, but not including any supporting framework and bracing which are incidental to the display itself.

Where the sign consists of individual letters or symbols attached to a surface, building, wall or window, the area shall be determined by calculating the smallest rectangle which encompasses all of the letters and symbols used for the sign, regardless of the actual shape created by the letters and symbols.

The area of a sign painted upon or applied to a building shall be considered to include all lettering, wording and accompanying designs or symbols, together with any backing associated with the sign.

In the event that a symbol, trademark or other such figure is used as a sign, post or standard which could be construed to indicate or identify a particular use or business, that symbol, trademark or figure is to be computed as part of the total allowable sign area.

Height. The height of all signs which are permitted within the Township are specified under § 27-315, Subsection 3, of this chapter. The following specific provisions shall apply to the height of a sign:

The height of a sign shall be measured from the average elevation of the ground or finished grade to the highest point of the sign.

Unless otherwise permitted by this chapter of the Code, no sign that is a part of or is supported by a building shall be erected upon the roof of such building, nor shall such sign extend above the height of the building. A wall sign that partially extends above the roofline by no more than 20% of the sign height, as measured at the point where such sign is attached to the building, shall be permitted.

Clearance, Visibility and Sight Distance. The following minimum requirements shall apply to the ground clearance, visibility and sight distance for all permitted signs within the Township:

Unless otherwise specified by this Code, all freestanding signs which are located within 20 feet of a street right-of-way line shall have at least seven feet of clear space above grade. However, the necessary support structures may extend through such open space.

Ground signs shall be located at least 10 feet from the street right-of-way line.

No ground or freestanding sign shall be located within the clear sight triangle of a street intersection.

The minimum sight distance requirements for pedestrians and vehicles shall be considered and applied.

Projection. An on-premises projecting sign which is mounted upon a building so that its principal face is a right angle or perpendicular to the wall of the building may be permitted, subject to the following provisions:

Projecting signs may project a maximum of four feet from the building wall; provided, however, that no sign shall project to a point nearer than five feet from the edge of a paved road or the plane of the face of the curb.

Projecting signs shall be located upon buildings so that the lower edge of the sign is a minimum of 10 feet above grade.

The maximum area of all projecting signs shall be 20 square feet.

No projecting sign shall extend above the top of the wall upon which it is mounted.

Maximum Number of Signs. The maximum number of on-premises signs for a use on a single lot is specified under § 27-315, Subsection 3, of this chapter.

Illumination. All lighting shall comply with § 22-615 of Chapter 22, Subdivision and Land Development, as amended, and the following illumination requirements:

Unless otherwise specified within this section of this chapter, signs may be interior lighted with nonglaring lights or may be illuminated by floodlights or spotlights, provided that such lighting is shielded so there is no direct light transmitted to abutting properties or public rights-of-way.

All electrically illuminated signs shall be constructed to the standards of the National Board of Fire Underwriters.

Rotating, traveling, pulsing, flashing, or oscillating light sources, lasers, beacons, searchlights, or strobe lighting shall not be permitted.

Externally illuminated billboards and signs shall have luminaires mounted at the top of the billboard or sign and aimed downward. The luminaires shall be designed, fitted, and aimed to shield the source from off-site view and to place the light output onto and not beyond the sign or billboard. At no point on the face of the sign or billboard and at no time shall the illumination exceed 30 vertical footcandles during hours of darkness.

Internally illuminated signs shall have a dark field and light message. The aggregate output of the light sources shall not exceed 500 initial lumens per square foot of sign face per side.

The use of red, green or amber lights on any sign within 200 feet of a street intersection shall be prohibited.

The use of illuminated signs within the R-1, R-2, and MFR Overlay Zoning Districts shall be prohibited unless the illuminated sign is specifically related to emergency management uses, medical facilities, municipal uses, institutional uses and other similar uses considered appropriate by the Zoning Officer.

Double-Faced Signs. Any permitted sign may be constructed and installed as a double-faced sign, provided that it has two parallel surfaces that are opposite and matching in size and shape and are not over 16 inches apart. All such signs shall be considered as one sign, and only one face shall be used to calculate the total size of the sign. Should the two surfaces deviate from being parallel or should they differ in size or shape, the sign shall be considered as two signs.

Painted Murals. Artistic murals depicting scenic, historical, cultural, educational or other similar visual scenes may be painted on the side of a building, provided they are aesthetic, socially acceptable and that the content has been reviewed and approved by the Township Board of Supervisors.

Supplementary Sign Regulations for All Zoning Districts. The following supplementary sign regulations shall apply to all zoning districts within the Township:

Whenever a sign becomes structurally unsafe or endangers the safety of the building or premises, or endangers the public safety, the Zoning Officer shall give written notice to the owner of the premises on which the sign is located that such sign be made safe or removed within five days.

No sign located within a floodplain shall exceed six square feet of area per side.

In all zones, only those signs referring directly to materials or products made, sold or displayed on the premises shall be permitted, except as otherwise noted.

Traffic Control and Directional Signs. Unless otherwise permitted by the Township or the Pennsylvania Department of Transportation, all traffic control signs and directional signs shall conform with the following requirements:

Traffic control and directional signs located within the street right-of-way shall be subject to the review and approval of the Township and/or the Pennsylvania Department of Transportation. The location, size, type, height, spacing and quantity of the sign(s) shall be stipulated on the permit, as issued by the Township and/or the Pennsylvania Department of Transportation.

Traffic control and directional signs located outside the street right-of-way within a lot or on private property shall be subject to the review and approval of the Township. All such signs shall be located at least two feet from the street right-of-way and 10 feet from all other property lines. The maximum number of signs as well as the maximum height and size of each sign are specified under § 27-315, Subsection 3, of this chapter.

Summarization Chart for Categorical Sign Requirements.

Matrix Chart 1 (included hereafter)[2] summarizes the categorical sign requirements by type, quantity, height, area, location and permit procedures for each use within the Township. Where a discrepancy should exist between the provisions contained within the text and the provisions contained within Matrix Chart 1, the provisions contained within the text shall prevail.

[2]

Editor's Note: Matrix Chart 1 is included as an attachment to this chapter.

The provisions specified within Matrix Chart 1 shall be subject to the interpretation of the Zoning Officer.

Should a dispute arise concerning the interpretation of these regulations, the person aggrieved by the interpretation may file an appeal with the Zoning Hearing Board.

Sign Requirements for Residential Uses.

An individual nameplate or street address sign may be posted on any residential lot, provided it does not exceed four square feet in area. All such signs shall be located at least two feet from the street right-of-way and five feet from all other property lines.

Home occupation signs displaying the name and address of the occupant or the profession or activity of the occupant of a dwelling subject to the following conditions: only one such sign shall be erected for each permitted use or dwelling; the area on one side of such sign shall not exceed two square feet; and provided that such sign shall be fixed flat on the main wall of such building, not projecting more than six inches from the wall, or may be erected in the front yard, but not within two feet of the right-of-way or five feet from any other property line.

Residential developments containing a total of 20 or more residential units may provide a sign for the purposes of identifying the name of the development, subject to the following criteria:

The signs shall be limited to one freestanding or ground sign per entrance to the development.

The maximum size of the sign shall be 32 square feet per sign.

The maximum height of a freestanding sign shall be 10 feet and shall be constructed of weather-resistant wood, vinyl or decorative masonry.

Any wall or fence structure which supports such signs may not exceed eight feet in height or a maximum of 100 square feet in area.

The sign shall be located at least five feet from the street right-of-way line, 20 feet from all other property lines and shall not be located within the clear sight triangle, as established under §§ 27-310, Subsection 3, and 27-311, Subsection 3, of this chapter. The final location of such signs shall be approved by the Zoning Officer prior to the issuance of a sign permit.

Prior to the issuance of a sign permit, the applicant shall provide sufficient evidence to the Zoning Officer that adequate measures have been taken to ensure proper maintenance of the sign and any accompanying landscaping and that the sign will be durably constructed as to require minimal maintenance.

The illumination of such signs may be permitted, provided that lighting is located in a manner so that glare or reflection is not greater than 0.1 footcandle at the street right-of-way line.

Directional signs may be permitted, provided they are utilized within the interior of a residential development, are limited to one directional sign per street and do not exceed six square feet in size.

Property control and restrictions signs including "no trespassing," "no hunting," "no solicitation" and other similar signs may be permitted subject to the following conditions: the area of the sign shall not exceed two square feet; the spacing of such signs shall be at least 100 feet apart on the same lot or property; and the sign does not contain any personal message which is considered irrelevant to controlling or restricting the use of a property or lot.

Sign Requirements for Nonresidential Uses.

The maximum number of on-premises signs for a nonresidential use shall be in accordance with Matrix Chart 1[3] provided under § 27-315, Subsection 3, of this chapter.

[3]

Editor's Note: Matrix Chart 1 is included as an attachment to this chapter.

A freestanding or ground sign may be permitted for all nonresidential uses and developments, subject to the provisions specified under § 27-315, Subsection 3, of this chapter. In addition to those requirements, the following provisions shall apply:

An office park, business park, medical residential campus, hospital, and industrial park may have one freestanding or ground sign for each street on which the development has more than 300 feet of frontage. The area of each sign shall not exceed 100 cumulative square feet and shall meet the following criteria:

The maximum height of a freestanding sign shall be no less than seven feet and no more than 18 feet, as measured above grade.

The maximum height of a ground sign shall be no more than eight feet, as measured above grade. Any wall or fence structure which supports such signs may not exceed eight feet in height or a maximum of 150 square feet and shall be constructed of weather-resistant wood, vinyl or decorative masonry.

A shopping center or shopping mall containing multiple nonresidential uses with less than 30,000 square feet of cumulative floor area may contain one freestanding sign for the development which shall not exceed 60 cumulative square feet and shall meet the following criteria:

The height of all such freestanding signs shall be no less than seven feet and no more than 18 feet, as measured above grade.

The total number of individual advertisements on any such freestanding sign shall be limited to eight per side.

A shopping center or shopping mall containing multiple nonresidential uses with 30,000 square feet or more of cumulative floor area may contain no more than one freestanding or ground sign for each street on which the development has more than 300 feet of frontage. The area of each sign shall not exceed 100 cumulative square feet and shall meet the following criteria:

The height of a freestanding sign shall be no less than seven feet and no more than 25 feet, as measured above grade.

The freestanding or ground sign may identify the name of the development as well as any individual permitted uses contained within the development, provided it is constructed as a single component with the abilities to be changed at any time. The total number of individual advertisements on any such freestanding sign shall be limited to eight per side.

All other individual nonresidential uses may have one freestanding or ground sign, subject to the provisions specified under § 27-315, Subsection 3, of this chapter.

A municipal, governmental, recreational or institutional use may have a freestanding or ground sign for the purposes of displaying the name of the use and its activities or services, provided that the area of any such sign shall not exceed 40 square feet, and there shall be no more than one sign for each street on which the use has more than 300 feet of frontage. Only one such sign per organization will be permitted on the site, except that a maximum of two such signs may be permitted when the property fronts on two or more public streets. All other pertinent sign requirements for municipal, governmental, recreational and institutional uses as defined and specified under this chapter of the Code shall apply.

An agricultural use, as further defined and outlined under § 27-317 of this chapter, may have one freestanding or ground sign for the purposes of displaying the name of the use and its activities or services, provided that the area of any such sign shall not exceed 30 square feet. All other pertinent sign requirements for agricultural uses, as specified under § 27-315, Subsection 3, of this chapter, shall apply.

Digital and electronic changing-message signs may be permitted for nonresidential uses and shall comply with § 27-315, Subsection 2J, and all other requirements of this chapter and the following regulations:

Displayed messages shall be visible for a minimum of 10 seconds.

A change in displayed message shall occur within three seconds.

No visual scrolling, movement, fading, or dissolving is permitted, and messages shall not overlap.

The sign shall be equipped with automatic day/night dimming to reduce the illumination intensity of the sign from one hour after sunset to one hour prior to sunrise.

The sign shall be equipped with an automatic shutoff in case of failure or error that would result in the sign projecting a full-intensity all-white image for an extended period of time.

The use of animation, sound, and full-motion video is prohibited.

Off-Premises Advertising Signs or Billboards.

All off-premises advertising sign or billboard shall be designed, located and constructed in accordance with all local and state codes. As part of this requirement, all permit applications shall include signed and sealed plans from a licensed engineer within the Commonwealth of Pennsylvania.

Off-premises advertising signs or billboards are permitted by conditional use within the I Zone and within 75 lineal feet of the Route 30 Bypass right-of-way within the PD Zone.

All off-premises advertising signs or billboards shall comply with the following design requirements:

Off-premises advertising signs or billboards shall not exceed 300 square feet.

The height of all off-premises advertising signs or billboards shall be no less than 15 feet to the bottom edge of the sign and no more than 45 feet to the top edge of the sign, as measured from the average ground elevation.

All off-premises advertising signs or billboards shall be constructed and erected on a steel unipole or steel I-beams meeting the minimum standards established by the Outdoor Advertising Association of America and the Institute of Outdoor Advertising.

The support structures for all off-premises advertising signs or billboards shall be constructed and erected on permanent footings, as determined by the licensed engineer responsible for the permit application.

No off-premises advertising sign or billboard shall be constructed and erected which resembles any official marker, logo and/or insignia of any governmental entity or other organization without written consent.

The off-premises advertising sign or billboard shall not contain vulgar messages or depict any lewd, pornographic, lascivious or other offensive acts.

All off-premises advertising signs or billboards shall be located to comply with the following requirements for setback, separation distance, and arrangement:

All off-premises advertising signs or billboards shall be located at least 10 feet from the street right-of-way line as measured on the same side of the street to which the off-premises advertising sign or billboard is located.

All off-premises advertising signs or billboards shall be located at least 50 feet from all side and rear property lines.

All off-premises advertising signs or billboards shall be located at least 300 feet from the center of the nearest street intersection or interchange.

All off-premises advertising signs or billboards shall be located at least 100 feet from any land within a residential zone.

The spacing of such signs shall be at least 1,000 linear feet apart from another off-premises advertising sign or billboard.

The illumination of billboards within 400 feet of a residential use is prohibited.

When two off-premises advertising signs or billboards are orientated in a back-to-back arrangement, they shall be parallel and directly opposite from each other and shall not be spaced by more than 15 feet. The size and shape of the signs should not deviate from each other, and they shall utilize the same support structure.

No off-premises advertising sign or billboard shall be located in any manner that disrupts or distracts the operator of a motor vehicle, obstructs the view of motorists on adjoining roads, or obstructs the view of adjoining commercial or industrial uses, which depend upon visibility for identification.

The off-premises advertising sign or billboard shall be maintained and inspected by the applicant of the permit on a regular basis, but shall not exceed a period of time of more than 30 days. As part of this requirement, the applicant shall inspect the following: the support structure to determine if is sound and in good repair; the lighting to determine if it operating sufficiently; the display area to determine if is in good condition and free of graffiti; the area within the lease area to determine if it is clear of overgrown vegetation, debris, trash and other unsightly materials; and all other items that should be inspected periodically, as determined appropriate by the Zoning Officer. A copy of the inspection report shall be sent to the Township for recordkeeping purposes.

Conditional use applications for all off-premises advertising signs or billboards shall comply with the following permit requirements:

The applicant shall submit a written agreement with the permit application indicating that the owner of the property has agreed to lease the property to the commercial sign or advertising company and has approved the proposed display or message contained on the off-premises advertising sign or billboard.

The permit application shall contain the following information: three copies of the plans and diagrams drawn accurately to scale depicting the dimensions of the lot, cartway, right-of-way and location of the sign; the exact size, dimensions and location of the off-premises sign or billboard to be placed on the lot or building, together with its type, construction, materials to be used, support structures and the manner of installation; and any other useful information which may be required of the applicant by the Township Engineer or Zoning Officer.

The completed permit application, plans and support diagrams shall be signed and sealed by a licensed engineer within the Commonwealth of Pennsylvania.

The permit application shall be granted or refused within 30 days from the date of completed application.

Special Use Signs, Temporary Signs and Promotional Signs.

The following provisions shall apply to special use and temporary signs within the Township:

Temporary signs shall be permitted, provided they are not considered permanent and they comply with the provisions established under this chapter of the Code.

Special event or promotional signs shall be permitted, provided they are not considered permanent and they comply with the provisions established under this chapter of the Code.

Special use signs may be permitted, provided they are not considered permanent and they comply with the provisions established under this chapter of the Code.

Portable signs are permitted only in the Neighborhood Commercial Office (NCO) and Highway Commercial (HC) Zones.

Real estate signs for the selling, renting or leasing of residential properties shall be permitted subject to the following conditions: the area of the sign shall not exceed six square feet; the sign shall be located at least five feet from the street right-of-way line and all other property lines; no more than one sign shall be permitted for each property being sold unless the property fronts on more than one street, in which case two signs are permitted OR the spacing of such signs shall be at least 200 feet apart on the same lot or property; and the sign shall be removed within five days after the final transaction is completed.

Real estate signs for the selling, renting or leasing of nonresidential properties shall be permitted subject to the following conditions: the area of the sign shall not exceed 32 square feet; the spacing of such signs shall be at least 200 feet apart on the same lot or property; the sign shall be located at least five feet from the street right-of-way line and 20 feet from all other property lines; and the sign shall be removed within five days after the final transaction is completed.

Development Signs. Signs indicating the location and direction of premises available for or in process of development, but not erected upon such premises, and having inscribed thereon the name of the owner, developer, builder or agent may be erected if the size of any such sign is not in excess of 32 square feet. Furthermore, no more than one such sign shall be erected for each 500 feet of street frontage.

Political signs, being signs erected in conjunction with a political election, naming a candidate or slate of candidates for a primary or general election or referencing a position in support of or opposition to an issue placed in referendum, shall be permitted, subject to the following conditions: the area of political signs may not exceed six square feet, political signs shall be placed only on properties with the property owner's permission, political signs may be posted 30 calendar days prior to the date of the election, and political signs must be removed within 120 hours following the election.

(9)

Temporary signs announcing a campaign, drive or event of a civic, municipal, philanthropic, educational, institutional, religious or similar organization, provided the following criteria apply: the sign shall not exceed 20 square feet in area; no more than four signs shall be permitted within the Township; the signs may be erected for a period not to exceed 30 days in any calendar year; the sign shall be removed within five days after the commencement of the campaign, drive or event.

(10)

Temporary signs for a yard sale or garage sale, provided the following conditions shall apply: the sign shall not exceed four square feet in area; no more than four signs shall be permitted per sale within the Township; the signs may be erected for a period not to exceed 30 days in any calendar year; the sign shall be removed within two days after the commencement of the yard sale or garage sale.

(11)

Temporary signs for contractors, developers, architects, engineers, builders, financiers and artisans may be permitted on the premises where the work is being performed, provided that the following criteria apply: the sign shall not exceed 12 square feet; the sign shall not be illuminated; one sign shall be permitted for each street on which the project area or development has frontage; the sign shall not exceed 18 feet in height; and provided that all such signs shall be removed within five days of the completion of the work. Should such sign be left on the site beyond the allowable time frame, the Township may impound it and recover a fee from the owner of the sign equal to the costs of removal and storage of the sign.

(12)

Business and advertising signs located within a sports facility or venue may be permitted, subject to the following criteria: the signs shall be located within the permitted sports facility or venue such as a football stadium, little league baseball field or similar playing field owned or operated by a not-for-profit organization or entity organized to promote youth sports teams; the nonprofit organization or entity is recognized and authorized in writing via Internal Revenue Service tax form with nonprofit number; no more than one sign measuring a maximum of 12 square feet in area shall be permitted for each 500 square feet of playing field or ground floor stadium area; all such signs shall be made of wood, plastic or metal; and all such signs shall be located only on walls, fences and scoreboards, but shall not be mounted on light poles, roofs or other freestanding surfaces.

(13)

Multifamily apartment complexes with more than 75 units in a residentially zoned district may display temporary signs, flags, balloons and banners which advertise vacancies or special rate periods, provided the signs comply with the requirements in § 27-315, Subsection 7B. No floodlights shall be permitted to illuminate these temporary signs, flags, balloons or banners.

The following provisions shall apply to special event or seasonal signs for an existing nonresidential use located within a nonresidential district, including signs, banners, flags, balloons, floodlights and other similar promotional features:

One such sign shall be permitted per lot, and the sign size shall not exceed 32 square feet.

No portion of a ground-mounted sign used to advertise a special event shall exceed the height of 32 inches. Any banner or wall sign used to advertise a special event shall not extend above the roofline of the building upon which the sign is displayed.

A special event sign shall be fastened securely. Ground signs shall be anchored with a metal pipe or other secure support. Hanging signs shall be secured and not allowed to flap or sag.

All seasonal signs must be maintained in accordance with the provisions of this chapter.

The sign shall not obstruct the vision or sight distance of the operator of any vehicle or interfere with normal pedestrian movements. In no case shall the sign be located closer than two feet from the street right-of-way line. A plot plan showing the location of any special event sign must accompany each permit application.

The special event sign may be two-sided with different advertisement displays on either side.

The special event sign shall not contain flashing messages as part of the display.

One such sign may be permitted per lot for one period not exceeding 30 days during any calendar year.

(9)

The use of banners, flags, floodlights and other similar promotional features may be utilized, provided they comply with the following provisions: they shall not be utilized on the property for more than 30 consecutive days or more than 75 cumulative days in any calendar year; they shall be located at least 20 from the street right-of-way line and 30 feet from property lines; they shall be well maintained; and they shall not disrupt vehicular or pedestrian traffic along any public street right-of-way.

(10)

The use of balloons and similar promotional features may be utilized, provided they comply with the following provisions: they shall not be utilized on the property for more than 30 consecutive days or more than 75 cumulative days in any calendar year; they shall not be located more than 60 feet in the air, as measured above grade where the balloons are permitted; the minimum setback to any street right-of-way line or property line shall be one horizontal foot to one vertical foot considering the height of the balloon; they shall be well maintained; and they shall not disrupt vehicular or pedestrian traffic along any public street right-of-way.

(11)

A special event sign permit shall be required for each sign used to advertise any special event during any calendar year. The property owner, or lessee with the owner's permission, may make one permit application establishing all dates, times and the duration of each separate special event sign proposed to be displayed during a calendar year, or may make separate applications for each such event, providing the total does not exceed the maximum seventy-five-day limit. The permit applicant shall pay the fee established by resolution of the Board of Supervisors. The special event sign permit shall be subject to the review and approval of the Zoning Officer.

The following provisions shall apply to grand opening and promotional signs for a new nonresidential use located within a nonresidential zoning district, including signs, banners, flags, balloons, floodlights and other similar promotional features:

The use of promotional signs and features shall be limited to the first 30 days after the initial occupancy permit is issued for the nonresidential use.

The maximum area of a promotional sign shall be limited to two signs which shall not exceed 24 square feet per sign. The promotional signs shall be located at least 10 feet from the street right-of-way line and 20 feet from property lines.

All promotional banners, flags, balloons, floodlights and other permitted promotional features shall be located at least five feet from the street right-of-way line and 20 feet from property lines.

No promotional features except balloons may exceed the height of the roofline.

Promotional signs banners, flags, balloons, floodlights and other similar promotional features shall not disrupt vehicular or pedestrian traffic along any public street right-of-way.

The following provisions shall apply to banners which are hung and displayed across public street rights-of-way to promote community events, including civic, municipal, charitable, philanthropic, educational, institutional, religious or similar organizations:

The applicant must complete and submit a banner permit to the office of the Zoning Officer at least 45 days prior to the desired date of hanging a banner over a public street or way. Upon approval by the Board of Supervisors, the banner(s) may be hung and displayed as set forth by the provisions established within this section of the chapter.

The hanging of banners must be in complete conformance with the application as submitted to the Township and as approved by the Board of Supervisors.

The hanging of banners shall be performed by the Township for a fee.

No banner may hang lower than 18 feet over the street or public way.

Unless otherwise approved by the Board of Supervisors, no more than one banner may be displayed over any particular street or public way.

Banners may not be hung more than 25 days prior to the date of the event being advertised and must be removed no later than five days after the conclusion of the event being advertised.

Banners which are not removed within five days after the advertised event has concluded shall be removed by the Township, and the applicant shall be liable for the actual cost of removal.

Banners hung across streets and other rights-of-way without proper approval or authorization shall be removed by the Township, and the responsible person(s) shall be liable for the cost of removal.

(9)

The applicant shall secure liability and/or property insurance for the display of the banners.

Nonconforming Signs and Abandoned Signs.

Signs existing at the date of enactment of this chapter of the Code which do not conform to the requirements of this chapter shall be considered nonconforming signs and subject to the following provisions:

Any sign which is considered nonconforming based upon its location, height, clearance, visibility, projection, quantity and illumination shall only be replaced with a conforming sign.

Any sign which is considered nonconforming based upon its surface area shall only be replaced by a conforming sign.

Nonconforming signs may be repaired and/or repainted, provided that the repairs do not change the existing sign or create any further nonconformities.

A sign shall be considered to be abandoned if the following conditions apply: a sign erected on a property for a specific use, which becomes vacant and unoccupied for a period of one year or more; any sign which was previously erected for a prior occupant or business; or any sign which relates to a time, event or purpose which is considered a past event. The following provisions shall apply to signs, which are considered "abandoned signs" within the Township:

No person shall maintain or permit to be maintained on any premises owned or controlled by that person a sign which has been abandoned.

An abandoned sign shall be removed by the landowner or person controlling the property within 10 days of the abandonment as described by this section of the chapter.

Upon the removal of any nonconforming sign or abandoned sign, whether temporary or permanent, such removal shall include all structures associated with the sign, including, but not limited to, posts, poles, brackets, arms, trailers, supports, and aboveground conduits.

Prohibited Signs.

The following signs shall be considered as prohibited signs which shall not be permitted within the Township:

Spinning, animated, twirling or any other moving objects used for commercial advertising purposes with or without a message, where the spinning, animation and/or twirling occurs in intervals of less than 30 seconds or more than one complete rotation within a thirty-second interval during any given time of the day.

Flashing, blinking, twinkling, or animated signs.

Highly reflective signage that creates nuisance glare or a safety hazard.

Signs placed, inscribed or supported upon the highest roofline or upon any structure which extends above the highest roofline of any building.

Roof signs which are erected on top of a principal or accessory building.

Signs located on parked vehicles within 50 feet of the street right-of-way.

Signs containing vulgar messages or depicting any lewd, pornographic, lascivious or other offensive acts.

Caution tape or crime scene tape that is not utilized for emergency management purposes.

§ 27-316 Roadway Classifications.

[Ord. No. 2015-01, 6/22/2015]

For the purposes of this chapter, the Township's roads shall be classified in the following categories:

Arterial Roads	Collector Roads	Local Roads
Lincoln Highway U.S. Route 30	Airport Road	All roads not listed as arterial or collector
	Black Horse Hill Road
	County Club Road
	Glencrest Road
	East Glencrest Road
	Irish Lane
	Kings Highway
	Manor Road
	Mineral Springs Road
	Mt. Carmel Road
	PA Route 82
	South Park Avenue
	Valley Road
	Wagontown Road
	Washington Lane

§ 27-317 Agricultural, Horticultural and Forestry Standards.

[Ord. No. 2015-01, 6/22/2015]

Within any (C), (R-1) or (R-2) zone, agricultural, horticultural and forestry uses may be permitted subject to all the following criteria; and within any (HC), (RC), (NCO), (I), or (PD) zone, forestry uses may be permitted subject to the following criteria (Subsection 1A through F):

Minimum lot area: 10 acres.

Minimum lot width: 200 feet.

Minimum Setback Requirements.

Front yard setback: 50 feet.

Side yard setbacks: 50 feet on each side (100 feet total).

Rear yard setback: 50 feet.

Special Setback Requirements. Except as provided for in the following subsection, no new slaughter area, area for the storage or processing of manure, garbage, or spent mushroom compost, structures for the cultivation of mushrooms or the raising of livestock, or any building housing livestock shall be permitted within 300 feet of any property line within the C, R-1, and R-2 Zones.

Note: These setbacks shall not apply to agricultural fences that are used to contain agricultural livestock. Such fences shall be set back a minimum of six feet from any adjoining street right-of-way lines.

Maximum permitted height: 80 feet, provided all structures are set back a distance at least equal to their height from all property lines, and all airport safety zone provisions are met.

Maximum lot coverage: 10%.

Required Conservation Plan. Any agricultural, horticultural or forestry related uses which involve earthmoving activities, or the commercial harvesting or timbering of vegetation shall require an approved conservation plan by the Chester County Conservation District, pursuant to Chapter 102, Erosion Control, of Title 25, Rules and Regulations, Department of Environmental Protection. All on-site activities shall then be in compliance with the approved conservation plan.

Manure Storage Facilities. Manure storage facilities, as defined in § 27-111, may be permitted as an accessory use to a farm subject to the following requirements:

Manure storage facilities shall be designed in compliance with the guidelines outlined in the publication "Manure Management for Environmental Protection," Bureau of Watershed Management, and any revisions, supplements and replacements thereof, published by the Pennsylvania Department of Environmental Protection.

All manure storage facility designs shall be reviewed by the Chester County Conservation District. The applicant shall furnish a letter from the Conservation District attesting to approval of the design of the proposed facility.

Construction and subsequent operation of the manure storage facility shall be in accordance with the permit and the approved design. The Valley Township Zoning Officer must be notified two days prior to the day that construction will begin, for proper supervision of construction. Any design changes during construction or subsequent operation will require another review and approval by the Chester County Conservation District.

All manure storage facilities shall be set back at least 500 feet from any residentially zoned property line and 300 feet from any other property line.

Roadside Stands. Roadside stands for the sale of agricultural products grown on the site are permitted accessory uses, subject to the following:

Any structure used to display such goods shall be less than 250 square feet in size and shall be located at least 50 feet from any side or rear property line.

The structure shall be set back at least 30 feet from the street right-of-way line.

Off-street parking shall be provided for all employees and customers.

Any signs used shall be attached to the roadside stand structure and shall not exceed five square feet in total area.

§ 27-318 Natural Resource Protection Standards.

[Ord. No. 2015-01, 6/22/2015]

Purpose. The following natural resource protection standards are established to protect the public health, safety, and welfare by minimizing adverse environmental impacts. These standards are intended to meet the following purposes:

Establish a balance between land use and the ability of the natural systems to support development.

Define and delineate selected natural resources within the Township and establish resource protection standards to assist the Township in reducing the impact proposed uses will have on the environment.

Conserve and protect valuable natural resources within the Township in accordance with the following Guiding Goals and Resources' Objectives and Policies of the Valley Township Comprehensive Plan (2003):

Sustain and enhance natural, scenic, and historic resources for the benefit of current and future generations while accommodating planned growth, and while also providing measures intended to protect and/or conserve such features as wetlands, aquifers, watersheds, prime agricultural lands, floodplains, steep slopes, unique natural areas, and historic sites.

Achieve and sustain a high-quality natural resource system to protect public health and safety, and support and protect a diversity of ecosystems.

Preserve and enhance the existing network of stream valleys and their aquatic habitats.

Prevent development in floodplains to protect public safety and water quality, and reduce public costs from flood damage.

Preserve wetlands and wetland fringe areas for their ecological and hydrological functions.

Preserve and enhance buffer areas around water bodies to mitigate environmental and visual impacts from adjacent uses and activities.

Preserve, where possible and by a variety of means, large woodland areas for their wildlife habitat and scenic values and their contributions to groundwater recharge, improved air quality, and erosion control.

Minimize the disturbance of steep slope areas to limit soil erosion, to prevent damage to property, to protect natural vegetative cover, and to prevent siltation of streams and the degradation of water quality.

General Provisions.

In the event that two (or more) natural resource areas identified in this section overlap, the resource with the more (most) restrictive standard (the least amount of permitted alteration, regrading, clearing or building) shall apply to the area of overlap.

It shall be a violation of this chapter to regrade, fill, pipe, divert, channel, build upon, or otherwise alter or disturb a natural resource protected by this section prior to the submission, review and approval, where required, of the following:

Applications for zoning or building permits.

Conditional use or special exception approvals.

Zoning variances.

Subdivision or land development plans.

Timber harvesting operation/forestry plans in accordance with § 27-318, Subsection 8.

Any other applicable permit or approval required by the Township that would involve disturbance of natural resources protected in this section.

Where disturbance of a natural resource is permitted, it shall not take place until it has been determined that such disturbance is consistent with the provisions of this section and any other applicable ordinance provisions.

Restrictions to the disturbance of resources shall apply before, during, and after construction on a site.

Plan information required by this article shall be verified as correct by the Township Engineer or other qualified professional, as determined by the Township Engineer.

Floodplain Regulations.

Floodplains shall be regulated by Chapter 8, Floodplains, of the Code of Ordinances of Valley Township, as amended.

Steep Slope Regulations.

[Amended by Ord. No. 2020-02, 8/18/2020]

Purpose. In addition to the purposes listed in § 27-318, Subsection 1, it is the purpose of these steep slope protection regulations to promote and protect the public health, safety and welfare as follows:

To preserve steep slopes in their original state whenever possible. Where construction of roads, buildings, driveways, or infrastructure cannot be avoided, disturbance shall be kept to the minimum necessary.

To conserve and protect steep slopes from inappropriate development such as excessive grading, landform alteration and extensive vegetation removal.

To avoid potential hazards to property and the disruption of ecological balance which may be caused by increased runoff, soil erosion and sedimentation, blasting and ripping of rock, and landslide and soil failure.

To encourage the use of steep slopes for conservation and other uses which are compatible with the preservation of natural resources and protection of areas of environmental concern.

To maintain the ecological integrity and habitat value of steeply sloped areas, i.e., indigenous vegetation and wildlife, which could be adversely affected by otherwise permitted disturbances.

To permit construction on steep slopes only in a manner compatible with the conservation of natural conditions and natural vegetation and which will maintain stable soil conditions by minimizing disturbances to vegetative ground covers by requiring larger lot sizes and by permitting less lot coverage.

Applicability. The regulations of § 27-318, Subsection 4, apply only to naturally occurring steep slopes within the Township and shall not apply to previously engineered and documented man-made slopes.

Delineation of steep slope areas. Slopes shall be measured as the change in elevation over the horizontal distance between consecutive contour lines. For the purpose of this chapter, the following shall apply:

Slope shall be measured over three or more two-foot contour intervals or six cumulative vertical feet of elevation.

All slope measurements shall be determined by a topographical survey signed and sealed by a registered surveyor licensed to practice in the Commonwealth of Pennsylvania.

The applicant shall individually delineate the two categories of steep slopes (15%, 25%, and greater than 25%) which are on-site on any plans required to be submitted to the Township.

Limitations of construction on slopes of 15% to 25%. The following regulations shall apply for any contiguous area of 300 square feet or greater with slopes of 15% to 25%.

No more than 30% of an area with slopes between 15% to 25% shall be regraded, removed, built upon, or otherwise altered or disturbed, unless development is proposed in accordance with § 27-318, Subsection D(2) or (3).

Any lot proposed for development of a single-family residential dwelling shall meet one of the following two criteria:

Provide a buildable area of at least 5,000 square feet. This area shall have an average slope less than 15%.

No more than 30% of an area with slopes between 15% and 25% shall be regraded, removed, built upon, or otherwise altered or disturbed.

Any lot proposed for development of a principal nonresidential or multiple-family residential building shall provide a buildable area at least equal to the projected horizontal area of the proposed principal building, plus the additional area required for parking and loading, in conformance with this chapter. This area shall have an average slope less than 15%.

If more than 50% of a lot has slopes of 15% to 25%:

No construction, erection or placement of a building, or grading or other development on the lot shall be permitted unless the minimum lot area and width are increased to 150% of the minimum normally required in that zoning district, except in the Conservation (C) Zone where the design standards in § 27-201, Subsection 5, or § 27-412, Subsection 1F, shall apply.

The maximum lot coverage that may be installed or maintained shall not exceed 67% of the maximum lot coverage normally permitted in that zoning district.

Limitations of construction on slopes greater than 25%. The following regulations shall apply for any contiguous area of 100 square feet or greater with slopes greater than 25%:

No more than 15% of an area with slopes greater than 25% shall be regraded, removed, built upon, or otherwise altered or disturbed. In addition, the disturbance permitted on slopes greater than 25% shall be limited to the following activities:

Grading for the minimum portion of a road or driveway necessary to access the principal use of the property, or to access sewer, water, and other utility lines when it can be demonstrated that no other routing is feasible.

Timber harvesting, when conducted in compliance with § 27-318, Subsection 8. Clear-cutting or grubbing trees is prohibited on slopes greater than 25%.

No building shall be constructed, erected or placed in any area on a lot where the slope across three consecutive contour intervals or six vertical feet is 25% or greater.

If more than 50% of a lot has slopes exceeding 25%:

No construction, erection or placement of a building, or grading or other development on the lot shall be permitted unless the minimum lot area and width are increased to 200% of the minimum normally required in that zoning district, except in the Conservation (C) Zone where the design standards in § 27-201, Subsection 5, or § 27-412, Subsection 1F, shall apply.

The maximum lot coverage that may be installed or maintained shall not exceed 50% of the maximum lot coverage normally permitted in that zoning district.

Cut-and-fill slopes. The finished slopes of permitted cut-and-fill areas shall not exceed 33% unless the applicant can demonstrate the method by which steeper slopes can be adequately stabilized and maintained.

Disturbing steep slopes. Any disturbed area of steep slopes exceeding 25%, or any cut-and-fill resulting in slopes of greater than 25%, shall be protected with an erosion control blanket. All stockpiles of earth intended to be stored for more than 21 days shall be seeded or otherwise stabilized to the satisfaction of the Township Engineer.

Wetlands Regulations.

Purpose. In addition to the purposes listed in § 27-318, Subsection 1, it is the purpose of these wetlands protection regulations to protect areas that provide storage for surface and groundwater recharge, protect unique species of flora and fauna that accommodate anaerobic processes in the wetlands, and protect and preserve a unique ecosystem and area for wildlife habitat.

Delineation. The applicant shall delineate the limits of wetlands on the site and within 100 feet of the site in accordance with § 27-318, Subsection 9. In addition, the following information shall be provided:

A full wetland delineation report conducted by a qualified wetland biologist, soil scientist, or environmental professional of demonstrated qualifications shall be submitted to the Township. Such professional shall certify that the methods used correctly reflect currently accepted technical concepts, including identification and analysis of wetlands vegetation, hydric soils, and hydrologic indicators. The methods shall be acceptable to the Township Engineer.

The wetland report shall include a determination of whether wetlands are present on the site and a full delineation, area measurement (in square feet), and description of any wetlands determined to be present.

If no wetlands are found on the site or within 100 feet of the site, a note shall be added to the preliminary and final plans stating that "This site has been examined by (name and address with a statement of submitted qualifications), and no wetlands, as defined by the United States Army Corps of Engineers Wetlands Delineation Manual, Technical Report Y-87-1, January 1987 (or most currently used manual), were found to exist."

The Township, at its discretion, may require that a jurisdictional determination be obtained from the United States Army Corps of Engineers.

Wetlands Protection Standards.

Any applicant proposing a use, activity or improvement which would entail the regrading or placement of fill in wetlands shall provide the Township with proof that the Pennsylvania Department of Environmental Protection (PADEP) (Bureau of Dams and Waterway Safety and Bureau of Water Quality Management) and the United States Army Corps of Engineers have been contacted to determine the applicability of state and federal wetland regulations. Any applicant contacted by the PADEP or the United States Army Corps of Engineers shall concurrently provide to the Township a copy of such correspondence.

Wetlands shall not be regraded, filled, piped, diverted, channeled, built upon, or otherwise altered or disturbed except where state or federal permits have been obtained.

Existing wetlands shall not be used for stormwater management except where the wetlands are highly degraded and a mitigation program is provided.

Wetland protection standards shall apply to lakes and ponds with the exception of ornamental ponds.

Wetlands Margin Protection Standards.

The wetland margin shall extend a minimum of 50 feet from the outer limits of the wetland boundary.

With the exception of those uses or activities listed below, no more than 20% of a wetland margin shall be regraded, filled, built upon, or otherwise altered or disturbed:

Regulated activities permitted by the commonwealth (i.e., permitted stream or wetland crossing);

Provision for unpaved trail access;

Selective removal of hazardous or invasive alien vegetative species;

Vegetation management in accordance with an approved landscape plan or open space management plan; and

A soil or stream conservation project approved by the Chester County Conservation District.

(f)

Removal of hazardous material or septic system, junk material, or a diseased tree.

Wetland margin protection standards shall apply to lake and pond shorelines with the exception of shorelines of ornamental ponds.

Timber harvesting is prohibited within the wetland margin.

Riparian Buffer Protection.

Purpose. In addition to the purposes listed in § 27-318, Subsection 1, it is the purpose of these riparian buffer protection standards to preserve the separation of more intensive human land uses and sensitive water resources and intercept runoff from upland sources to mitigate the effects of nutrients, sediment, organic matter, pesticides, or other pollutants prior to entry into surface waters.

Applicability. The protection standards set forth in this section shall apply to any area of trees and other vegetation a minimum of 50 feet adjacent to each side of a watercourse that forms a transition area between the aquatic and terrestrial environment within the Township. Riparian buffer protection standards in Chapter 20.1, Stormwater Management, shall also be complied with as applicable.

Delineation of Riparian Buffers. The applicant shall delineate the limits of the riparian buffers on the site in accordance with § 27-318, Subsection 9.

Riparian Buffer Protection Standards.

With the exception of those uses or activities listed below, no woodland disturbance or other land disturbance shall be permitted within the riparian buffer:

Regulated activities permitted by the commonwealth (i.e., permitted stream or wetland crossing);

Provision for unpaved trail access;

Selective removal of hazardous or invasive alien vegetative species;

Vegetation management in accordance with an approved landscape plan or open space management plan;

A soil or stream conservation project approved by the Chester County Conservation District; and

(f)

Removal of hazardous material or septic system, junk material, or a diseased tree.

The following activities are prohibited within riparian buffers, except with approval by the Township and, if required, the PADEP:

Clearing of existing vegetation except as specifically permitted in § 27-318, Subsection 6D(1) above.

Soil disturbance by grading, stripping, or other practices.

Filling or dumping.

The use, storage, or application of pesticides, except for the spot spraying of noxious weeds or nonnative species.

Housing, grazing, or other maintenance of livestock.

(f)

Storage or operation of motorized vehicles, except for maintenance or emergency use approved by the Township.

(g)

Clear-cutting or grubbing of timber.

Timber harvesting is prohibited within riparian buffers.

Woodlands Protection.

Purpose. In addition to the purposes listed in § 27-318, Subsection 1, it is the purpose of these woodland protection standards to preserve the root systems of woodland vegetation that provide soil holding capacity and filtration of pollutants, protect understory vegetation and the shrub and herbaceous layer that provide wildlife habitat, protect the tree canopy that provides windbreak and temperature moderation, and preserve the suburban-rural character of the Township.

Applicability. The protection standards set forth in this section shall apply to any parcel in the Township that is two acres or larger in size and includes any area of trees and other vegetation that meets the definition of woodland.

Delineation of Woodlands. The applicant shall delineate the limits of the woodlands on the site in accordance with § 27-318, Subsection 9.

Woodlands Protection Standards.

Unless undertaken as an approved timber harvesting operation conducted in compliance with the applicable requirements in § 27-318, Subsection 8, woodlands shall not be regraded, cleared, built upon or otherwise altered unless in accordance with the following:

Conservation Zone. No more than 35% of woodlands shall be regraded, cleared, built upon, or otherwise altered or disturbed.

Residential Zone. For lots or tracts of one acre or less, no more than 50% of woodlands shall be regraded, cleared, built upon, or otherwise altered or disturbed. For lots or tracts greater than one acre, no more than 35% of woodlands shall be regraded, cleared, built upon, or otherwise altered or disturbed.

Nonresidential Zone. Except as otherwise provided in § 27-318, Subsection 7D(1)(e), no more than 50% of woodlands shall be regraded, cleared, built upon or otherwise altered or disturbed.

[Amended by Ord. No. 2020-02, 8/18/2020]

Agricultural Uses. No more than 75% of woodlands shall be regraded, cleared, built upon or otherwise altered or disturbed.

Industrial Uses. No more than 85% of woodlands shall be regraded, cleared, built upon or otherwise altered or disturbed for industrial uses in the Industrial Zone.

[Added by Ord. No. 2020-02, 8/18/2020]

Where disturbance or removal of existing areas of woodlands occurs on any lot or tract, woodland replacement shall be required consistent with § 22-611, Subsection 3, of Chapter 22, Subdivision and Land Development.

Preserved woodlands may be used to provide vegetative buffers required by the screening and landscaping standards set forth in § 27-314.

Where a timber harvesting operation is proposed, a timber-harvesting plan shall be required by the Township in accordance with § 27-318, Subsection 8.

Where woodlands overlap other protected natural resources, the more restrictive disturbance standard shall apply.

Guidelines for Determining Permitted Woodland Disturbance. In determining where permitted woodland disturbance will occur, the following factors shall be considered:

Each building or structure shall be constructed in such a manner as to provide the least alteration necessary of the existing woodland. Where possible, clear-cutting shall be minimized and trees shall be selectively removed.

Where possible, the remaining undisturbed woodlands and other vegetation shall interconnect with woodlands or wooded areas of adjacent properties to preserve continuous woodland corridors and allow for the normal movement, dispersion, and migration of wildlife.

Woodland alterations that would threaten the growth of remaining trees shall be avoided.

Where a tree designated for preservation is severely damaged by construction (or is clearly not going to survive) within one year of the end date of construction, tree replacement shall occur as provided for in § 22-611, Subsection 3, of Chapter 22, Subdivision and Land Development.

Timber-Harvesting Regulations.

Timber-harvesting operations shall only be undertaken in accordance with a timber harvesting plan approved by the Township.

All timber-harvesting plans shall be submitted to the Township for review for compliance with the standards set forth herein not less than 30 days prior to commencement of the timber-harvesting operation. Within 14 days of submission of a timber-harvesting plan to the Township, and based on review for compliance with the standards set forth herein, the Zoning Officer shall indicate to the applicant approval or denial of the submitted plan or approval subject to reasonable conditions.

The Township may retain a forester (such as one certified by the American Society of Foresters) to review the timber-harvesting plan and comment on its adequacy in meeting the intent of these regulations.

Timber-harvesting plans submitted to the Township for review and approval shall include the following information:

Site location and boundaries of both the entirety of the property upon which the timber-harvesting operation shall occur and the specific area proposed for timber harvesting;

Significant natural features on the property including steep slopes, wetlands, and riparian buffer zones;

Description of how long-term sustainability of the timber-harvesting operation and regeneration of the woodlands will be achieved;

The general location of the proposed operation in relation to municipal and state highways and any proposed accesses to those highways;

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

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

Design, construction, maintenance, and retirement of proposed stream and wetland crossings.

Any permits required by any other agency under any applicable regulation shall be the responsibility of the landowner or timber harvesting operator as applicable. Copies of all required permits shall be submitted to the Township prior to commencement of the timber-harvesting operation.

The Township Engineer, Zoning Officer, and/or Municipal Forester shall be permitted access to the site of any timber-harvesting operation before, during, or after active timber harvesting to review, inspect, and ascertain compliance with the provisions set forth herein.

The following management practices shall apply to all timber-harvesting operations:

Felling or skidding across any public thoroughfare is prohibited without the express written consent of the Township or PennDOT, whichever is responsible for the maintenance of said thoroughfare.

No tops or slash shall be left within 25 feet of any public thoroughfare or private roadway.

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

The operation shall not cause harm to the environment or any other property.

Timber-harvesting operations shall not be permitted within any riparian buffer or wetland margin. Clear-cutting or grubbing shall not be permitted within any riparian buffer, wetland margin, the Flood Hazard District, or on slopes greater than 25%.

Upon determination that a timber-harvesting operation is in violation of these regulations, each day where any violation occurs shall constitute a separate violation subject to the provisions of this article.

Application of Natural Resource Standards.

Plan Information and Delineation of Protected Resources. To ensure compliance with the natural resource protection standards of this section, the following information shall be submitted by the applicant when applying for a zoning or building permit, conditional use or special exception approval, zoning variance, or subdivision and land development approval where land disturbance is contemplated. In those cases where only a limited amount of the site will be subject to disturbance, the Zoning Officer may determine the area of land required to be shown on the plan information that will adequately demonstrate compliance with the natural resource protection standards of this section. Where less than the entire site is to be shown on the plan, the application shall be accompanied by a written explanation from the applicant as to why it is not necessary to include the entire site with the plan information.

A site plan which clearly delineates the limits of all natural resources on the site, including areas of floodplain, steep slopes, wetlands, riparian buffers, and woodlands, and the proposed use of the site, including any existing or proposed structures.

The limits of all encroachments and disturbances necessary to establish the proposed use on the site, including a grading plan showing existing and proposed contours at two-foot intervals.

Calculations indicating the area of the site with natural resources, the area of natural resources that would be disturbed or encroached upon, and the maximum amount of disturbance allowed (in square feet and as a percentage of land area). The calculations shall be shown on the site plan.

§ 27-319 Environmental Impact and Nuisance Standards.

[Ord. No. 2015-01, 6/22/2015]

The following standards shall hereafter be applicable to all uses hereafter approved in Valley Township. In order to determine whether a use conforms to the requirements of this section, the Board of Supervisors may secure the services of a qualified consultant, the cost for whose services shall be borne by the owner(s) or lessee(s) of the property.

Noise.

Terminology. All technical terminology not defined below shall be defined in accordance with applicable publications of the American Standard Institute Acoustical Terminology, ANSI, [S1.1-2013], with its latest approved revisions.

Continuous Sound. Any sound which is steady state, fluctuating or intermittent with a recurrence greater than one time in any one-hour interval.

Impulsive Sound. Sound of short duration, with an abrupt onset and rapid decay and an occurrence of not more than one time in any one-hour interval.

Land Use. The actual real use of land and buildings, regardless of the zoning or other classification attributed to such land and buildings.

Standards. For the purpose of measuring standards in accordance with the applicable provisions of these regulations, test equipment methods and procedures shall conform to the standards as published by the American National Standard Institute (ANSI, Specification for Sound Level Meters, S1.4-1983 (R 2006) and ANSI S1.13-2005 (R 2009), "Measurement of Sound Pressure Levels in Air") with its latest revisions.

Sound Levels by Receiving Land Use. No person shall operate or cause to be operated within the Township any source of continuous sound in such a manner as to create a sound level which exceeds the limits set forth for the receiving land use when measured at or beyond the property boundary of the receiving land use, during the times specified in Table 1.

Table 1 Continuous Sound Levels by Receiving Land Use
Receiving Land Use Category	Time	Sound Level Limit (dBA)
Residential, Public, Open Space or Institutional	7:00 a.m. - 10:00 p.m.	55
	10:00 p.m. - 7:00 a.m., plus Sundays and legal holidays	50
Commercial or Business	7:00 a.m. - 10:00 p.m.	65
	10:00 p.m. - 7:00 a.m., plus Sundays and legal holidays	60
Industrial	At all times	70

For any source of sound which emits an impulsive sound, the excursions of sound pressure level shall not exceed 20 dBA over the maximum sound level limits set forth in Table 1 between the hours of 7:00 a.m. and 10:00 p.m., and in no case shall they exceed 80 dBA, regardless of receiving land use, using the fast meter characteristics of a Type II meter, meeting the American National Standard Institute specification S1.4-1983 (R 2006).

In no case shall impulsive sounds exceed the sound level limits established in Table 1 between the hours of 10:00 p.m. and 7:00 a.m.

Exceptions. The maximum permissible sound levels by receiving land use established in § 27-319, Subsection 1A(3) above, shall not apply to the following noise sources:

The emission of sound for the purpose of alerting persons to the existence of an emergency.

Motor vehicle operations on public streets (regulated by Pennsylvania Department of Transportation Regulations, Title 67, Chapter 450k, governing established sound levels).

Odors.

There shall be no emission of odorous gases or other odorous matter in such quantities as to be offensive at or beyond lot boundary lines.

Any process which involves the creation or emission of any odors shall be provided with a secondary safeguard system so that control shall be maintained if the primary safeguard system should fail.

In case of doubt concerning the character of odors emitted, the 50% response level of Table 1 (Odor Thresholds in Air), "Research on Chemical Odors: Part 1 - Odor Thresholds for 53 Commercial Chemicals," October 1968, or as amended, Manufacturing Association, Inc., Washington, D.C., shall be the maximum odor permitted.

Glare or Heat.

Any operation producing an intense glare or heat shall be performed within an enclosed building or behind a solid fence in such manner as to be completely imperceptible from any point at or beyond the lot lines.

In general, lighting fixtures that shield the reflector or lens or any high brightness surface from viewing angles above 60° from horizontal shall be utilized.

Vibration. No vibration shall be produced which is transmitted through the ground and is discernible without the aid of instruments at any point beyond the lot lines; nor shall any vibration produced exceed 0.002g peak measured at or beyond the lot lines using either seismic or electronic vibration measuring equipment.

Radioactivity. There shall be no activities which emit dangerous radioactivity at any point. No operation involving radiation hazard shall be conducted which violates the regulations and standards established in Title 10, Part 20, Code of Federal Regulations, "Standards for Protection Against Radiation," in its latest revised form.

Electrical and Electromagnetic Interference.

There shall be no electrical disturbance affecting the operation at any point of any equipment other than that of the creator of such disturbance.

No use, activity or process shall be conducted which produces electromagnetic interference with normal radio or television reception off the premises where the activity is conducted.

Air Pollution: Smoke, Particulate Matter, Fumes and Gases. All uses shall comply with the standards of the Air Pollution Control Act, 35 P.S. §§ 4001 through 4015, as amended, as well as the following additional standards:

Hazardous Air Emission. All emissions shall comply with National Emission Standards for Hazardous Air Pollutants promulgated by the United States Environmental Protection Agency under the Federal Clean Air Act (42 U.S.C. § 7412) as promulgated in 40 CFR 61, or its most recent update.

Particulate, Vaporous and Gaseous Emissions.

No person shall cause, suffer or permit the emission of escaped particulate, vaporous or gaseous matter from any source in such a manner that the emission is visible or detectable at or beyond the boundary line of the property where the source is being generated.

No emission shall be made which can cause damage to health, to animals or vegetation or other form of property or which can cause any excessive soiling at any point.

Visible Smoke Emissions. Visible air contaminants shall not be emitted in such a manner that the opacity of the emissions is equal to or greater than 20% for a period or periods aggregating more than three minutes in one hour or equal to or greater than 60% at any one time and shall comply with Pennsylvania Code, Title 25, Chapter 127.A(7), or its most recent update.

Safety and Construction Requirements for Electrical, Diesel, Gas or Other Power Installations. Every use requiring power shall be so operated that the external switch gear, substation, etc., shall conform to the most acceptable safety standards recognized by the Pennsylvania Bureau of Labor and Industry, and shall be constructed, installed, etc., so as to be an integral part of the architectural features of the plant, or, if visible from abutting properties, shall be screened in accordance with Chapter 22, Subdivision and Land Development.

Fire and Explosive Hazards. All activities and all storage of flammable and explosive materials at any point shall be provided with adequate safety and firefighting devices and shall meet the applicable fire and safety codes of Valley Township.

Outdoor Storage and Waste Disposal.

No flammable or explosive liquids, solids or gases shall be stored in bulk above the ground; provided, however, that tanks or drums of fuel directly connecting with energy devices or heating appliances located on the same lot as the tanks or drums of fuel are excluded from this provision.

No materials or wastes shall be deposited upon a lot in such form or manner that they may be transported 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.

All outdoor storage facilities for fuel, raw materials or products stored outdoors shall be enclosed by an approved safety fence adequate to conceal the facilities from any adjacent public highway and any residential or recreational use.

All materials or wastes which might constitute a fire hazard or which may be edible or attractive to rodents or insects shall be stored outdoors only if enclosed in containers adequate to eliminate such hazards.

Industrial Waste or Sewage. No use shall be conducted in such a way as to discharge any untreated sewage or industrial waste into any stream. All methods of sewage or industrial waste treatment and disposal shall be approved by the Township of Valley, the Chester County Health Department and the Pennsylvania Department of Environmental Protection.

Provision and Use of Water. All water requirements shall be reviewed and approved by Valley Township.

§ 27-320 Lighting.

[Ord. No. 2015-01, 6/22/2015]

Lighting shall be controlled by § 22-615 of Chapter 22, Subdivision and Land Development, of the Code of Ordinances of Valley Township, as amended.

§ 27-321 Fences, Walls, and Hedges.

[Ord. No. 2015-01, 6/22/2015]

Fences, walls and/or hedges are permitted within and along the periphery of any yard provided:

No fence or wall (except required junkyard or tennis court walls or fences, or a retaining wall of a structure permitted under the terms of this chapter) shall be erected to a height of more than three feet in a front yard and more than six feet in any other yard within a conservation zone, residential zone or residential use. Within any planned development, industrial or commercial zone, no fence nor wall shall be erected to a height of more than 10 feet in any yard.

Hedges shall be no taller than three feet in a front yard in any zone.

No fence, wall, or hedge shall be erected in any manner that obstructs a clear line of sight or vision from a driveway or street intersection. Fences and walls shall not obstruct water flow in drainage easements or swales.

No fence, wall and/or hedge shall be erected or planted within or encroaching upon the legal or ultimate street right-of-way or floodway. No fence, wall and/or hedge shall be erected or planted within or encroaching upon a utility easement or drainage easement unless the easement agreement which creates the easement specifically allows such encroachment.

No fence or wall shall be located within a drainage swale unless they are part of an approved stormwater management plan.

All fences and walls shall be constructed inside, and not directly on, the property line so that no portion of the fence or its foundation/footing encroaches onto a neighboring property. A fence or wall may only be constructed on the property line if there is a written agreement between all affected property owners notarized and on file with the Township which allows the fence or wall to be located on the property line.

If fencing or walls will be constructed within five feet of the property line, lot pins or monuments shall be installed at the corners of the subject property line(s), or the property owner shall have a professional land surveyor perform a property boundary survey, to ensure the fence or wall will not encroach onto a neighboring property. A property boundary survey is not required if there are existing lot pins or monuments at the corners of the subject property lines and adjacent property owners agree with the locations in writing.

Fences and walls shall be constructed so as to place structural members toward the property being enclosed by the fence so that the finished side of fencing (i.e., best appearance) shall face toward abutting properties or streets.

Fences which are erected in residential zoning districts or on residential uses may be comprised of the following materials: wood; split rail; wrought iron; chain link; vinyl; composite; a combination of the aforementioned materials; or other materials which, in the discretion of the Zoning Officer, are recognized as standard materials utilized for residential fencing. Chain-link fencing, when erected in a residential zoning district or residential use, may only be erected in rear yards. Chain-link fencing may only be used elsewhere for tennis courts and other public recreational uses at the discretion of the Zoning Officer.

Fences which are erected for nonresidential uses in nonresidential zoning districts may be comprised of the following materials: wood; split rail; wrought iron; vinyl; chain link; composite; a combination of the aforementioned materials; or other materials which, in the discretion of the Zoning Officer, are recognized as standard materials utilized for nonresidential fencing.

Walls may be comprised of the following materials: decorative concrete block (such as E.P. Henry, Mesa, Keystone); brick; stone; concrete with a brick or stone veneer; or other materials which, in the discretion of the Zoning Officer, are recognized as suitable industry standards.

No razor, barb wire or glass shards shall be placed upon a fence or wall in a residential zoning district, in the NCO Zone, or on a residential use.

The use of razor, barb wire, or glass shards on fencing may only be utilized as part of a security fence for nonresidential uses within nonresidential districts (except the NCO Zone) with fencing that is 10 feet high.

Cyclone or chain-link fencing is required to have top and bottom rails and fencing ties facing downward.

An existing fence or wall replaced in its entirety shall comply with the provisions established within this chapter of the Code.

Ordinary and normal maintenance and/or repairs of a fence or wall in any zoning district shall not require the issuance of a permit. Otherwise, a permit shall be required for any fence installation or replacement or wall construction, as specified by this Code.

Any fence or wall which, in the judgment of the Zoning Officer, is unsafe, dangerous or a threat to the public health, safety and/or welfare shall be removed, repaired or replaced as determined necessary by the Zoning Officer at the expense of the property owner.

The following walls and fences shall be exempt from the provisions established under § 27-321 of this chapter of the Code:

Fences and walls used for agricultural purposes to contain livestock, provided that they do not hinder visibility or pose a threat to the public health, safety or welfare.

Fences and walls of an historic nature which are accessory to an officially designated historic structure.