[Added 3-21-1988 by Ord. No. 97-1988]
[Amended 8-13-1991 by Ord. No. 124-1991; 10-8-2002 by Ord. No. 7-2002]
Major home occupation, as defined in § 115-6 of this chapter and permitted under the provisions of §§ 115-10, 115-14, 115-18 and 115-22, shall comply with the following regulations and standards:
A.
A major home occupation shall be conducted within
a dwelling which is the bona fide residence of the principal practitioner
or in an accessory building thereto which is normally associated with
a residential use. The major home occupation shall be carried on wholly
indoors.
B.
The area used for the conduct of a major home occupation,
whether in an accessory building or in the principal dwelling unit,
shall be no more than 25% of the total floor area of the principal
dwelling unit, but shall not exceed 800 square feet. The area comprising
the total floor area of the principal dwelling unit shall not include
the area used for the garaging of any motor vehicles or basement areas
not regularly used as a living area by the occupants.
C.
In no way shall the appearance of the residential
structure be altered or the occupation within the residence be conducted
in a manner which would cause the premises to differ from its residential
character by the use of colors, materials, construction, lighting,
display windows or advertising visible outside the premises to attract
customers or clients, other than one sign, no larger than three square
feet, announcing the name and occupation of the practitioner.
D.
There shall be no exterior display, sale or storage
of materials, products or refuse related to the conduct of the major
home occupation.
E.
There shall be no discharge of potentially dangerous
effluent or fumes.
F.
There shall be no production or storage of any material
designed for use as an explosive or any other hazardous material.
G.
No equipment or process shall be used in the conduct
of the major home occupation which creates noise, vibration, glare,
smoke, fumes, odors, dust, electrical interference or other objectionable
effects perceptible at or beyond the lot boundaries, or in the case
of a multifamily or attached dwelling unit, beyond the dwelling unit.
No equipment or process shall be used which creates visible or audible
interference in any radio or television receiver off the premises.
[Amended 11-8-2005 by Ord. No. 9-2005]
H.
The driveway or access to the major home occupation
shall be paved from the street to the residence or accessory building
used in the major home occupation and the surface shall be in excellent
condition at the time of application and continued high quality maintenance
shall be a condition of any approval.
I.
No major home occupation dependent upon heavy use
of water shall be permitted unless the sewage facilities are replaced
or have been replaced within the previous 10 years.
[Amended 11-8-2005 by Ord. No. 9-2005]
J.
No more than two persons not residents of the premises
may be employed at any one time by the principal practitioner of the
major home occupation.
K.
In addition to the off-street parking spaces required for the residential use of the property, one off-street parking space shall be provided for each employee, plus one additional off-street parking space for each 400 square feet of space on the premises occupied by the major home occupation; provided, however, that no more than six off-street parking spaces shall be permitted on one lot. All off-street parking spaces shall be located at least 25 feet from any property line and shall be effectively screened pursuant to §§ 115-52 and 115-45.1 of this chapter. No off-street parking spaces shall be permitted in any front yard area.
[Amended 11-8-2005 by Ord. No. 9-2005; 12-13-2006 by Ord. No.
8-2006]
L.
Business vehicles may be parked on the property including
trucks and vans with loading capacities not exceeding 3/4 ton. The
business vehicle shall be parked in an enclosed structure.[1]
[1]
Editor’s Note: Former Subsection M,
which provided that no major home occupation be permitted in a multifamily
home or attached dwelling unit or in a mobile home within a mobile
home park, which immediately followed this subsection, was repealed
11-8-2005 by Ord. No. 9-2005.
[Added 11-8-1988 by Ord. No. 104-1988]
Bed-and-breakfast facilities, as defined in § 115-6, may be operated in any zoning district only when in full compliance with the following standards:
A.
The only buildings eligible for bed-and-breakfast
use shall be owner-occupied Class I historic resources, the principal
use of which is as single-family detached residences. A bed-and-breakfast
facility shall be considered an accessory use to such residence.
B.
Not more than four bedrooms and four baths within
the building shall be used to provide accommodations for transient
guests. No such bedroom shall contain any cooking facilities.
C.
There shall be not more than one employee on the premises
at any one time who is not a member of the household.
D.
Breakfast may be served by the occupants as part of
the accommodations, but no more meals shall be served to guests (whether
or not separately billed).
E.
Owners shall comply with all federal, state and local
requirements for the preparation, handling and serving of food.
F.
Any amenities (swimming pool, tennis court, etc.)
shall be solely for the use of the resident owner and guests of the
bed-and-breakfast facility.
G.
In addition to meeting the minimum parking requirements
of this chapter for single-family detached dwellings, there shall
be at least one off-street parking space for each room designated
for bed-and-breakfast use and one space for any employee not a member
of the household. When parking spaces required for the bed-and-breakfast
facility total three or more, such spaces shall be set back at least
25 feet from any property line and shall be screened from the direct
view of any adjacent residential use by means of vegetative material,
fence, wall or a combination thereof.
[Amended 11-8-2005 by Ord. No. 9-2005]
H.
The length of stay for any transient guest shall be
limited to not more than 14 consecutive days.
I.
The resident owner shall maintain a guest register
which shall list the names, addresses and lengths of stay of all guests.
J.
One sign shall be permitted for purposes of identifying
the property as a bed-and-breakfast facility, provided that the sign
shall not exceed three square feet in area and shall contain no information
other than identification of the premises as the named bed-and-breakfast.
K.
Lot coverage shall be increased by 5% for the underlying
zoning district in which the use is located.
[Amended 11-8-2005 by Ord. No. 9-2005]
L.
No external enlargements, alterations or changes to
the exterior of the Class I historic resource shall be permitted,
except as required by the Township Building Code[1] and the Pennsylvania Department of Labor and Industry,
or for safety reasons as required by any other governmental agency.
The proposed design of any required enlargement, alteration or change
shall be reviewed by the East Bradford Historical Commission, which
shall provide comments to the applicant, the Zoning Officer and the
Board of Supervisors.
M.
Where the property is not served by a public sewage
system, the applicant shall document that the adequacy of the existing
on-site sewage system to handle the increased flows from the bed-and-breakfast
facility, as well as the availability of sufficient backup area on
the lot, has been certified by the Chester County Health Department
on the basis of an on-site inspection, or the requisite improvements
to the system have been made.
N.
All other applicable Township codes and regulations,
including but not limited to, the fire, health, plumbing and building
codes, shall be complied with.
O.
Upon compliance with all the requirements of this
chapter, the Zoning Officer shall be authorized to issue a use and
occupancy permit which shall be valid for a period of one year, unless
revoked sooner for violation of any provisions of this chapter. The
permit may be renewed annually, provided that the Zoning Officer has
inspected the facility and found it to be in compliance with the provisions
of this chapter. In the event that the Zoning Officer determines a
violation to exist, the permit shall not be renewed until the violation
is remedied.
[Added 10-10-1995 by Ord. No. 166-1995; amended 11-8-2005 by Ord. No.
9-2005; 12-13-2006 by Ord. No. 8-2006; 10-11-2016 by Ord. No. 6-2016]
Bed-and-breakfast estates, as defined in § 115-6, may be operated in any zoning district as a conditional use when in full compliance with the following requirements:
A.
The only buildings eligible for a bed-and-breakfast
estate use shall be owner-occupied Class I historic resources.
B.
A bed-and-breakfast estate shall consist of at least
four guest rooms, but no more than 10 guest rooms, with the total
occupancy of each guest room/suite being two persons maximum.
C.
No bed-and-breakfast estate guest room/suite shall
contain any cooking facilities.
D.
There shall be no more than two employees on the premises
at any one time who are not resident members of the bed-and-breakfast
estate household.
E.
Breakfast may be prepared and served to the bed-and-breakfast
estate overnight guests by the owner as part of the accommodations,
but no more meals shall be prepared and served by the owner to overnight
guests (whether or not separately billed).
F.
Licensed caterers shall be engaged to serve catered
meals and beverages to overnight guests and attendees of weddings,
wedding receptions, small parties and special events.
G.
Owners shall comply with all federal, state and local
requirements for the preparation, handling and serving of food.
H.
Any amenities (swimming pool, tennis court, etc.)
shall be solely for the use of the resident owner and the overnight
guests of the bed-and-breakfast estate.
I.
With the conditional use application, the applicant
shall submit an impact assessment report which shall evaluate the
potential negative impacts the proposed bed-and-breakfast estate shall
have on the surrounding community with respect to such matters as
parking, noise, lighting, views and anything else in the neighborhood
which would be affected by the proposed use.
J.
With the conditional use application, the applicant
shall provide scaled drawings of the floors of the dwelling and indicate
the owner's living areas, overnight guest rooms/suites and common
area with a color legend to distinguish each from the other and marked
as an exhibit. One such exhibit shall be placed in the Zoning Officer's
file.
K.
Accessory buildings shall not be included in the conduct
of the bed-and-breakfast estate.
L.
The following design standards shall be applicable
to bed-and-breakfast estate operations:
(8)
The maximum occupancy of a bed-and-breakfast
estate for weddings, wedding receptions, small parties and special
events shall be based on the available common area, the formula being
one person per 10 square feet of common area. In the event that the
aforesaid activities are conducted out of doors, the maximum occupancy
may not exceed that which has been established by the common area.
Neither indoor nor outdoor maximum occupancy may exceed 100 people.
(9)
Off-street parking.
(a)
Off-street parking for a bed-and-breakfast estate shall be that which is required by § 115-58 for single-family residences, and, in addition, there shall be:
[1]
One space for each employee of
the bed-and-breakfast estate.
[2]
One space for each available guest
room/suite.
[3]
One space for each two persons attending a wedding, wedding reception, small party or special event, based on maximum occupancy as required by § 115-48.2L(8).
(b)
Plans for parking areas are to be submitted to the Township Engineer for review and comment at least two weeks prior to the scheduled hearing. The review is to be based upon § 115-58B(1). Parking areas designated for use in the conduct of weddings, wedding receptions, small parties and special events may be areas of stable grass and/or meadow if they can be demonstrated as suitable to the Township Engineer's satisfaction.
(c)
Off-street parking spaces must be provided on
the lot for which they are intended unless satisfactory evidence is
presented to the Zoning,Officer that an agreement exists which provides
for sufficient permanent off-street parking spaces on another lot.
M.
Music or entertainment associated with the conduct
of the bed-and-breakfast estate is to be acoustic exclusively and
without amplification.
N.
If tents or canopies are to be used in the conduct
of weddings, wedding receptions, small parties or special events,
they are to be fully screened from any vantage point off of the property.
O.
The hours of operation for the bed-and-breakfast estate
weddings, wedding receptions, small parties and special events shall
be limited to the hours of 9:00 a.m. Eastern standard time to 9:00
p.m. Eastern standard time.
P.
A professional structural engineer registered in the
State of Pennsylvania is to review the structural capacity of the
bed-and-breakfast estate common area according to the proposed maximum
occupancy [harmonic loads (dancing) are to be a factor] and submit
to the Board of Supervisors the results of the review along with the
recommended design to accommodate the maximum occupancy.
Q.
The length of stay for any overnight guest shall be
limited to not more than 14 consecutive days.
R.
The resident owner shall maintain a guest register
which shall list the names, addresses and lengths of stay of all guests.
S.
One sign shall be permitted for purposes of identifying
the property as a bed-and-breakfast estate, provided that the sign
shall not exceed six square feet in area and shall contain no information
other than identification of the premises as the named bed-and-breakfast
estate, and the sign shall have been presented to the East Bradford
Township Historical Commission for review and comment at least two
weeks prior to the conditional use hearing.
T.
Lot coverage shall be increased by 5% for the underlying
zoning district in which the use is located.
[Amended 11-8-2005 by Ord. No. 9-2005]
U.
No external enlargements, alterations or changes to
the exterior of the Class I historic resource shall be permitted,
except as required by the Township Building Code[1] and the Pennsylvania Department of Labor and Industry,
or for safety reasons as required by any other governmental agency.
The proposed design of any required enlargement, alteration or change
shall be reviewed by the East Bradford Historical Commission, which
Commission shall provide comments to the applicant, the Zoning Officer
and the Board of Supervisors.
V.
Where the property is not served by a public sewage
system, the applicant shall present documentation which shall be satisfactory
to the Township that the existing on-site sewage system shall be adequate
to handle the increased flows from the bed-and-breakfast estate, as
well as the availability of sufficient backup area on the lot; and
that the Chester County Health Department has certified the adequacy
of the existing on-site sewage system for the bed-and-breakfast estate
after an on-site inspection of the existing sewer system and/or any
required improvements to the system.
W.
The applicant shall comply with all other applicable
Township codes and regulations, including but not limited to the Fire,
Health, Plumbing and Building Codes.
X.
Upon compliance with all of the requirements of this
chapter, the Zoning Officer shall be authorized to issue a use and
occupancy permit which shall be valid for a period of one year, unless
revoked sooner for violation of any of the provisions of this chapter.
The permit may be renewed annually, provided that the Zoning Officer
has inspected the facility and found it to be in compliance with the
provisions of this chapter. In the event that the Zoning Officer determines
a violation to exist, the permit shall not be renewed until the violation
is remedied.
[Added 3-12-2013 by Ord. No. 1-2013]
A.
Purpose. The purpose of this section is to create an Airport District
Overlay that considers safety issues around the G. O. Carlson Airport,
regulates and restricts the heights of constructed structures and
objects of natural growth, creates appropriate zones, establishing
the boundaries thereof and providing for changes in the restrictions
and boundaries of such zones, creates the permitting process for use
within said zones and provides for enforcement, assessment of violation
penalties, an appeals process, and judicial review.
B.
Relation to other zoning districts. The Airport District Overlay
shall not modify the boundaries of any underlying zoning district.
Where identified, the Airport District Overlay shall impose certain
requirements on land use and construction in addition to those contained
in the underlying zoning district.
C.
AIRPORT ELEVATION
AIRPORT HAZARD
AIRPORT HAZARD AREA
APPROACH SURFACE (ZONE)
CONICAL SURFACE (ZONE)
DEPARTMENT
FAA
HEIGHT
HORIZONTAL SURFACE (ZONE)
LARGER THAN UTILITY RUNWAY
NONCONFORMING USE
NONPRECISION INSTRUMENT RUNWAY
OBSTRUCTION
PRECISION INSTRUMENT RUNWAY
PRIMARY SURFACE (ZONE)
RUNWAY
STRUCTURE
TRANSITIONAL SURFACE (ZONE)
TREE
UTILITY RUNWAY
VISUAL RUNWAY
Definitions. The following words and phrases when used in this section
shall have the meaning given to them in this section unless the context
clearly indicates otherwise.
The highest point of an airport's usable landing area measured
in feet above sea level. The airport elevation of the G. O. Carlson
Airport is 660' MSL.
Any structure or object, natural or man-made, or use of land
which obstructs the airspace required for flight or aircraft in landing
or taking off at an airport or is otherwise hazardous as defined in
14 CFR Part 77 and 74 Pa.C.S.A. § 5102.
Any area of land or water upon which an airport hazard might
be established if not prevented as provided for in this section and
Act 164 of 1984 (Pennsylvania Laws Relating to Aviation).[1]
An imaginary surface longitudinally centered on the extended
runway center line and extending outward and upward from each end
of the primary surface. An approach surface is applied to each end
of the runway based on the planned approach. The inner edge of the
approach surface is the same width as the primary surface and expands
uniformly depending on the planned approach. The approach surface
zone, as shown on Figure 1,[2] is derived from the approach surface.
An imaginary surface extending outward and upward from the
periphery of the horizontal surface at a slope of 20 feet horizontally
to one foot vertically for a horizontal distance of 4,000 feet. The
conical surface zone, as shown on Figure 1, is based on the conical
surface.
Pennsylvania Department of Transportation.
Federal Aviation Administration of the United States Department
of Transportation.
For the purpose of determining the height limits in all zones
set forth in this section and shown on the Zoning Map, the datum shall
be mean sea level elevation unless otherwise specified.
An imaginary plane 150 feet above the established airport
elevation that is constructed by swinging arcs of various radii from
the center of the end of the primary surface and then connecting the
adjacent arc by tangent lines. The radius of each arc is based on
the planned approach. The horizontal surface zone, as shown on Figure
1, is derived from the horizontal surface.
A runway that is constructed for and intended to be used
by propeller driven aircraft of greater than 12,500 pounds maximum
gross weight and jet-powered aircraft.
Any preexisting structure, object of natural growth, or use
of land which is inconsistent with the provisions of this section
or an amendment thereto.
A runway having an existing instrument approach procedure
utilizing air navigation facilities with only horizontal guidance,
or area type navigation equipment, for which a straight-in nonprecision
instrument approach procedure has been approved or planned.
Any structure, growth or other object, including a mobile
object, which exceeds a limiting height set forth by this section.
A runway having an existing instrument approach procedure
utilizing an instrument landing system (ILS) or a precisions approach
radar (PAR). It also means a runway for which a precision approach
system is planned and is so indicated on an approved airport layout
plan or any other planning document.
An imaginary surface longitudinally centered on the runway,
extending 200 feet beyond the end of paved runways or ending at each
end of turf runways. The elevation of any point on the primary surface
is the same as the elevation of the nearest point on the runway center
line. The primary surface zone, as shown on Figure 1, is derived from
the primary surface.
A defined area of an airport prepared for landing and takeoff
of aircraft along its length.
An object, including a mobile object, constructed or installed
by man, including, but without limitation, buildings, towers, cranes,
smokestacks, earth formation and overhead transmission lines.
An imaginary surface that extends outward and upward from
the end of the primary surface to the horizontal surface at a slope
of seven feet horizontally to one foot vertically (7:1). The transitional
surface zone, as shown on the Airport District Overlay Map, is derived
from the transitional surface.
Any object of natural growth.
A runway that is constructed for and intended to be used
by propeller-driven aircraft of 12,500 pounds maximum gross weight
or less.
A runway intended solely for the operation of aircraft using
visual approach procedures.
D.
Establishment of airport zones. There are hereby created and established certain zones within the Airport District Overlay, defined in Subsection C and depicted on the Airport District Overlay Map, hereby adopted as part of this section, which include:
E.
Delineation of district. The area to which the terms of the Airport
District Overlay apply is that portion of East Bradford Township which
is contained within the Airport District Overlay Map located at the
end of this chapter.[3]
[3]
Editor's Note: The Airport District Overlay Map is attached
to this chapter.
F.
Boundary interpretation and appeals procedure.
(1)
Where the exact location of the boundary of the Airport Overlay
District in relation to a given parcel is in question, an applicant
may, as he deems pertinent, submit documentation to the Township.
The Zoning Officer shall evaluate all such material and shall make
a written report to the applicant on the results of his determination,
a copy of which shall be provided to the Board of Supervisors.
(2)
Any party aggrieved by any such determination of the Zoning
Officer may appeal to the Zoning Hearing Board. The party contesting
the location of the district boundary shall have the burden of proof
in the case of any such appeal.
G.
Maximum height restrictions. The R-1 Residential District which is the sole underlying district subject to the Airport District Overlay Ordinance shall maintain the existing maximum building height of three stories or 35 feet maximum as set forth in § 115-11C(10). The basis for maintaining the aforementioned maximum is the elevation of the G.O. Carlson Airport runway is 660' MSL and the highest elevation in the Airport District Overlay is 485' MSL and the precision landing approach is a descending plane.
(1)
Appeals. Request for a variance from § 115-11C(10) shall be subject to the provisions of this chapter and as contained in Article XVI and § 115-48.3H and I.
H.
Permit application. As regulated by Act 164 and defined by 14 CFR 77.13(a) (as amended or replaced), any person who plans to erect a new structure, to add to an existing structure, or to erect and maintain any object (natural or man-made), in the vicinity of the airport, except as set forth in § 115-48.3G shall first notify the Department's Bureau of Aviation (BOA) by submitting PENNDOT Form AV-57 to obtain an obstruction review of the proposal at least 30 days prior to commencement thereof. The Department's BOA response must be included with this permit application for it to be considered complete. If the Department's BOA returns a determination of no penetration of airspace, the permit request should be considered in compliance with the intent of this Overlay Ordinance. If the Department's BOA returns a determination of a penetration of airspace, the permit shall be denied, and the project sponsor may seek a variance from such regulations as outlined in Subsection F. The person shall notify the FAA by submitting completed FAA Form 7460-1.
I.
Variance.
(1)
Any request for a variance shall include documentation in compliance
with 14 CFR 77, Subpart B (FAA Form 7460-1 as amended or replaced).
Determinations of whether to grant a variance will depend on the determinations
made by the FAA and the Department's BOA as to the effect of the proposal
on the operation of air navigation facilities and the safe, efficient
use of navigable air space. In particular, the request for a variance
shall consider in which of the following categories the FAA has placed
the proposed construction:
(a)
No objection: The subject construction is determined not to
exceed obstruction standards and marking/lighting is not required
to mitigate potential hazard. Under this determination a variance
shall be granted.
(b)
Conditional determination: The proposed construction/alteration is determined to create some level of encroachment into an airport hazard area which can be effectively mitigated. Under this determination, a variance shall be granted contingent upon implementation of mitigating measures as described in Subsection L, Obstruction marking and lighting.
(c)
Objectionable: The proposed construction/alteration is determined
to be a hazard and is thus objectionable. A variance shall be denied
and the reasons for this determination shall be outlined to the applicant.
(2)
Such requests for variances shall be granted where it is duly
found that a literal application or enforcement of the regulations
will result in unnecessary hardship and that relief granted will not
be contrary to the public interest, will not create a hazard to air
navigation, will do substantial justice, and will be in accordance
with the intent of this section.
J.
Use restrictions. Notwithstanding any other provisions of this section,
no use shall be made of land or water within the Airport District
Overlay in such a manner as to create electrical interference with
navigational signals or radio communications between the airport and
aircraft, make it difficult for pilots to distinguish between airport
lights and others, impair visibility in the vicinity of the airport,
create bird strike hazards or otherwise endanger or interfere with
the landing, takeoff or maneuvering of aircraft utilizing the G. O.
Carlson Airport.
K.
Preexisting nonconforming uses. The regulations prescribed by this
section shall not be construed to require the removal, lowering, or
other change or alteration of any structure or tree not conforming
to the regulations as of the effective date of this section, or otherwise
interfere with the continuance of a nonconforming use. No nonconforming
use shall be structurally altered or permitted to grow higher, so
as to increase the nonconformity, and a nonconforming use, once substantially
abated (subject to the underlying zoning ordinance), may only be reestablished
consistent with the provisions herein.
L.
Obstruction marking and lighting. Any permit or variance granted pursuant to the provisions of this section may be conditioned according to the process described in § 115-48.3I to require the owner of the structure or object of natural growth in question to permit the municipality, at its own expense, or require the person requesting the permit or variance to install, operate, and maintain such marking or lighting as deemed necessary to assure both ground and air safety.
M.
Violations and penalties. Violations and penalties of the Airport District Overlay Ordinance shall be as set forth in Article XIX of this chapter.
N.
Conflicting regulations. Where there exists a conflict between any
of the regulations or limitations prescribed in this section and any
other regulation applicable to the same area, the more stringent limitation
or requirement shall govern and prevail.
O.
Severability. If any of the provisions of this section or the application
thereof to any person or circumstance are held invalid, such invalidity
shall not affect other provisions or applications of the section which
can be given effect without the invalid provision or application,
and to this end, the provisions of this section are declared to be
severable.
A.
Purpose. In making available flexible site design
alternatives within the residential districts of East Bradford Township,
it is the intent of this section to:
(1)
Preserve sensitive natural resources such as streams,
groundwater, floodplains, wet soils, steep slopes, woodlands and wildlife
habitat areas which are appropriate to remain undisturbed.
(2)
Retain and protect open space areas within residential
development for use by Township residents and landowners.
(3)
Encourage cost-effective, flexible and environmentally
sensitive site planning.
(4)
Minimize potential adverse impacts from new residential
development on adjacent subdivisions and properties devoted to agricultural
uses.
(5)
Protect the existing aesthetics within particular
sections of the Township by limiting the visual intrusiveness of new
residential uses.
(6)
Provide a means to attain the goals and objectives
of the East Bradford Comprehensive Plan relative to orderly growth
and the enhancement of environmental resources.
(7)
Support the particular objectives of the Lower Brandywine
Scenic River Study.
(8)
Encourage consistency with the East Bradford Township
Open Space, Recreation and Environmental Resource Plan.
[Added 11-8-2005 by Ord. No. 9-2005]
B.
Qualifying conditions. The following minimum conditions
shall be satisfied prior to any development proposal becoming eligible
for use of the open space development option, where approved by the
Board of Supervisors as a conditional use:
(1)
The tract of land to utilize this design option must
be at least 10 acres in size and shall be held in single and separate
ownership. A tract proposed for development under this option shall
be contiguous and shall not be divided by an arterial street.
[2]
Editor's Note: Ordinance No. 3A-1998 readopted
the text of Ord. No. 3-1998 because of concern that Ord. No. 3-1998
was not properly advertised before it was adopted on 10-13-1998.
(2)
As part of a conditional use application, the applicant
shall:
(a)
Prepare and submit to the Township an environmental impact assessment (EIA) in accordance with § 115-51 demonstrating how the tract warrants use of flexibility in design under this section; and
(b)
Present design strategies intended to maximize
active recreational uses in open space areas.
[Added 11-8-2005 by Ord. No. 9-2005]
C.
Area and bulk regulations.
(1)
Density of development. Under the open space development
option, the maximum permissible number of lots or dwelling units on
any tract shall be calculated in accordance with the provisions of
the base zoning district.
(2)
Open space required:
(a)
R-1: 60% of total tract area.
(b)
R-2: 50% of total tract area.
(c)
R-3: 40% of the total tract area.
[Amended 12-13-2005 by Ord. No. 11-2005]
(d)
R-4: 35% of the total tract area for single-family
detached dwellings and 50% for two-family and multifamily development.
[Added 12-13-2005 by Ord. No. 11-2005]
[3]
Editor's Note: Ordinance No. 3A-1998 readopted
the text of Ord. No. 3-1998 because of concern that Ord. No. 3-1998
was not properly advertised before it was adopted on 10-13-1998.
(3)
Site development standards. Under the open space development
option, the following standards shall apply to design of cluster development
sites. At the time of conditional use plan submission, the applicant
shall indicate for each permitted use, including potential accessory
uses, the limits of the building envelopes within which compliance
with these provisions is feasible.
[Amended 11-25-1998 by Ord. No. 3A-1998; [4] 8-10-2004 by Ord. No. 4-2004; 11-8-2005 by Ord. No.
9-2005]
(a)
Minimum separation between buildings containing dwelling units, except buildings containing apartments. At any point, said separation shall be not less than 20 feet except that minimum separation shall not be less than 50 feet measured perpendicularly from the rear wall of any residential structure to any point on any other building not accessory to such residential structure. Minimum separation shall also be governed by stormwater infiltration requirements as specified in § 95-26. In no case shall buildings be positioned such that roof runoff cannot be infiltrated due to conflicts with buffers required for infiltration.
(b)
Minimum separation between buildings containing
apartments and any other buildings, except a building accessory to
the principal apartment building. At any point said minimum separation
shall not be less than 75 feet.
(c)
Where not attached, separation of accessory buildings from principal buildings shall not be less than 10 feet except that no such accessory building shall be placed in a manner to obstruct the view from windows serving residential units. Minimum separation between accessory buildings and any principal structures to which they are not accessory shall be separated from such principal building in accordance with Subsection C(3)(a) and (b) above.
(d)
Subject to all other separation requirements
herein, no exterior windows, doors or other openings shall be permitted
in any portion of any principal or accessory structure located less
than five feet from any lot line.
(e)
Subject to all other separation requirements
herein, where any portion of any principal or accessory structure
is located less than five feet from any lot line, a perpetual easement
providing for maintenance of such structure, and measuring no less
than five feet in width from the affected walls, shall be provided
on the adjacent lot(s). This provision shall not apply to lot line(s)
where separating two-family or multifamily dwelling units on the interior
of the same principal structure.
(f)
Minimum setback from the edge of cartway (or outside edge of curb, if applicable) of any street shall be not less than 25 feet, except as provided under Subsection C(3)(g) below.
(g)
All proposed dwelling units in a development utilizing the open space development option shall be situated so that they are set back a minimum of 50 feet from the predevelopment perimeter boundary of the tract. Existing dwellings and dwellings resulting from the conversion of existing structures shall be exempt from this requirement except that additions to such existing structures shall not further reduce any setback less than 50 feet. There shall be a tract perimeter buffer of 50 feet minimum, retaining existing site features outlined by § 95-13 of the Township Subdivision and Land Development Ordinance and/or landscaping per §§ 115-52 and 115-45.1 to form an effective screen. This buffer may be used to meet minimum setback requirements. The required buffer shall not be considered in determining the minimum open space where it is used to satisfy minimum setback requirements.
[Amended 12-13-2006 by Ord. No. 8-2006]
(h)
Accessory uses. No outdoor community swimming
pool, tennis court or similar facility shall be located closer than
100 feet to any adjacent residential building or tract boundary.
(i)
Maximum length of any residential building,
including rows of attached townhouses or other multifamily buildings,
shall not exceed 160 feet.
(j)
Maximum depth of any section of any residential
building shall not exceed 75 feet.
(k)
At least 25% of the area comprising building courts formed by the arrangement of three or more building faces shall not be occupied by parking areas or other uses, court areas to be measured on a straight line between building corners. A separation distance shall be created of no less than 200 feet between courts, measured from building corners forming the perimeter of courts, unless otherwise stipulated as a result of the environmental impact assessment in accordance with § 115-51 of this chapter.
(l)
Townhouse buildings.
[1]
There shall be no more than six units to any
single building and no more than three buildings to any court.
[2]
Exterior walls greater than 80 feet in length
without an offset in the facade will not be approved, and exterior
walls colinear with or parallel to fire walls, at least five feet
in horizontal length and of full height, may be required to assure
offset or variety of exterior surfaces, or both.
[3]
Use of mansards, gables and variations of color,
texture or of ridge line height or orientation may be required to
provide architectural diversity and individuality for the various
building subdivisions or sets of them.
(m)
Building and accessory building or structure height: three stories
above grade plane or 35 feet maximum.
[Amended 9-13-2011 by Ord. No. 3-2011]
(o)
The applicant shall be required to demonstrate
to the satisfaction of the Board of Supervisors that any lots established
under the provisions of this section are of appropriate size and shape
relative to the following:
[1]
Establishment of suitable private yard areas
for all dwellings and customary accessory structures.
[2]
Management of any adjacent open space areas.
[3]
Maximum use of open space suitable for active
recreation uses.
[4]
Provision of appropriate amenities in open space
areas, including but not limited to recreational facilities, accessways,
shelter, etc.
[5]
Impervious coverage available for each residential
lot shall be apportioned equally among all residential lots within
the tract, subject to the overall tract coverage limitations pursuant
to this section.
(p)
Scenic preservation. The design shall preserve those features identified by the environmental impact assessment in accordance with § 115-51 of this chapter and the site analysis of § 95-13 of the Township Subdivision and Land Development Ordinance. Buildings shall be located so as not to dominate hilltops or monopolize views of the rural countryside to the detriment of adjacent landowners. Preservation of unique natural and man-made features, including but not limited to tree masses, historic resources, historic settings and stream valleys, shall be accomplished.
[Amended 12-13-2006 by Ord. No. 8-2006]
(q)
Except where the Board of Supervisors determines that the purposes set forth in Subsection A above would be better served by permitting an applicant to pay a fee in lieu pursuant to § 95-34.1, active recreation uses shall be provided upon open space areas, and they shall be in addition to trails and pathways which shall not be considered active recreation for purposes of determining the proper fee in lieu.
(r)
The open space characteristics and design standards set forth in § 95-34.1F of the Subdivision and Land Development Ordinance shall be adhered to and implemented in a manner complementary to this section.
(s)
Where prime agricultural soils are present,
at least 50% of the prime agricultural soils present on the tract
shall be preserved.
[4]
Editor's Note: Ordinance No. 3A-1998 readopted
the text of Ord. No. 3-1998 because of concern that Ord. No. 3-1998
was not properly advertised before it was adopted on 10-13-1998.
D.
Design standards. The standards of § 115-25 shall apply. Where applicable, the provisions of the Brandywine Scenic River (BSR) District shall apply to any development under the open space development option.
E.
Sanitary sewage disposal.
(2)
Where on-site sewage treatment and disposal systems are proposed to serve individual dwelling units, each such system shall be in compliance with § 95-29 of the East Bradford Township Subdivision and Land Development Ordinance. Final approval of any plan proposing to utilize on-site systems shall be contingent upon approval by the Chester County Health Department.
F.
Open space.
(1)
Open space shall be restricted against further subdivision
or development through establishment of deed restriction, conservation
easement and/or other means acceptable to the Township and recorded
in the office of the Chester County Recorder of Deeds. Such restriction
also shall be noted on the final plan, as recorded. Such restrictions
shall include a prohibition against removal or destruction of natural
features such as hedgerows, woodlands, as well as trails, recreational
amenities, etc.
[Amended 11-8-2005 by Ord. No. 9-2005]
(2)
Open space shall be configured in accordance with the findings of the environmental impact assessment (EIA), required as set forth in § 115-51, so as to:
(a)
Minimize negative impacts of development on
the tract.
(b)
Maximize conservation of site features identified
as having particular conservation value or historical significance,
including steep slopes, floodplains, watercourses, wetlands, high
groundwater areas, mature trees, paths and trails and other noted
landscape features.
(c)
Minimize intrusion upon public and private views,
on and off site.
(d)
Adhere to the objectives of the Brandywine Scenic
Rivers District, where applicable.
(e)
Provide that all parcels of open space set aside
under the open space development option shall be contiguous (i.e.,
shall have a significant common boundary which shall not be an arterial
street) to that portion of the tract being developed and accessible
to the occupants of the dwelling units proposed to be developed pursuant
to the open space development option.
[Added 12-9-1997 by Ord. No. 6-1997]
(f)
Open space areas within the residential development
shall be accessible to occupants of the dwelling units proposed to
be developed pursuant to the open space development option.
[Added 12-9-1997 by Ord. No. 6-1997]
(3)
In no case shall individual open space parcels be
less than two acres in area and 100 feet in width or length, except
to provide for common or public recreational trail access.
(4)
No more than 40% of the minimum open space area shall
comprise areas of wetlands, areas of slopes in excess of 20%, and
areas within the floodplain districts, as defined herein. (Open space
areas provided in addition to minimum requirement shall not be subject
to this restriction.)
[Amended 11-8-2005 by Ord. No. 9-2005; 4-11-2007 by Ord. No.
2-2007]
(5)
None of the following portions of the designated open
space shall be measured as contributing to the minimum required open
space area:
[Amended 11-25-1998 by Ord. No. 3A-1998;[5] 11-8-2005 by Ord. No. 9-2005; 9-9-2008 by Ord. No.
2-2008]
(a)
Areas within 35 feet of any structure except
structures devoted to permitted open space uses.
(b)
Areas occupied by overhead electric transmission
lines with an operating voltage in excess of 34 KV.
(c)
Areas occupied by stormwater management facilities, except as provided in § 115-49F(6)(f).
(d)
Provide for utility rights-of-way or access
thereto.
(e)
Septic system disposal areas.
[5]
Editor's Note: Ordinance No. 3A-1998 readopted
the text of Ord. No. 3-1998 because of concern that Ord. No. 3-1998
was not properly advertised before it was adopted on 10-13-1998.
(6)
Use of open space area may include the following:
(a)
Crop or pasture land.
(b)
Cultivation of nursery stock or orchard trees.
(c)
Woodland, meadow, wetland, game preserve or
similar conservation oriented area.
(d)
Park or outdoor recreation area, subject to § 115-49F(5) above.
[Amended 8-10-2004 by Ord. No. 4-2004]
(g)
Individual water supply systems.
[Amended 12-13-2006 by Ord. No. 8-2006]
[1]
Editor's Note: Ordinance No. 2-2008, adopted
9-9-2008, repealed the historical information regarding the following
ordinances, formerly listed as amendments to this section: Ord. No.
107-1989, adopted 3-14-1989; Ord. No. 128-1991, adopted 11-12-1991;
and Ord. No. 2-1996, adopted 4-9-1996.
[Amended 4-9-1996 by Ord. No. 2-96; 11-25-1998 by Ord. No.
3A-1998; [1] 11-8-2005 by Ord. No. 9-2005]
A.
Purpose. It is the intent of this section to ensure
adequate planning for, and adequate operation and maintenance on an
ongoing basis of, common or community open space, recreation facilities,
sewage facilities, central water supply facilities, stormwater management
facilities, common parking areas and driveways, private streets or
any other common or community facilities (hereinafter referred to
as "common facilities").
B.
Ownership of open space and common facilities.
[Amended 12-13-2006 by Ord. No. 8-2006]
(1)
Subject to the preference hierarchy herein, the following
methods may be used. Any of the following methods may be used, either
individually or in combination, to preserve, own and maintain open
space or common facilities: homeowners' association, dedication in
fee simple, easements and transfer to a nonprofit association or nonprofit
corporation organized to acquire and maintain real property for the
preservation, conservation and stewardship of open space. Such land
or facilities shall not be eligible for transfer to another party
except for transfer to another method of ownership permitted under
this section. Under any method(s), all required ownership documentation
shall be approved by the Township. The methods employed shall follow
the preference hierarchy herein. The applicant must demonstrate infeasibility
of a higher preference method in order to employ a lower preference
method.
(2)
Preference hierarchy:
(a)
Fee simple transfer to a nonprofit association
or nonprofit corporation organized to acquire and maintain real property
for the preservation, conservation and stewardship of open space.
(b)
Transfer of easements to a nonprofit association
or nonprofit corporation organized to acquire and maintain real property
for the preservation, conservation and stewardship of open space.
With permission of the Township, any owner may transfer easements
on open space lands and/or natural resources, provided that:
[1]
The organization is acceptable to the Township
and is a bona fide conservation organization, with perpetual existence.
[2]
The conveyance contains appropriate provisions
for proper reverter or retransfer in the event that the organization
becomes unwilling or unable to continue carrying out its functions.
[3]
A maintenance arrangement approved by the Township
is established between the owner and the grantee.
[4]
The Township shall have the right to enforce
any easement(s).
(c)
Fee simple ownership by the homeowners' association.
The common facility may be held in common ownership by a homeowners'
association. This method shall be subject to all of the provisions
for homeowners' associations set forth herein and in Section 705(d)
of the Municipalities Planning Code.[2] In addition, if a homeowners' association is formed, it
shall be governed according to the following regulations:
[1]
The owner or applicant proposing to establish
a homeowners' association shall provide to the Township a description
of the organization, including its bylaws and documents governing
maintenance requirements and use restrictions for open space and common
facilities.
[2]
The organization shall be established by the
owner or applicant and shall be operating (with financial subsidization
by the owner or applicant, if necessary) before the sale of any dwelling
units within the development.
[3]
Membership in the organization is mandatory
for all purchasers of dwelling units therein and their successors.
[4]
The organization shall be responsible for maintenance
of and insurance on open space and common facilities.
[5]
The members of the organization shall share
equitably the costs of maintaining, insuring and operating open space
and common facilities and of developing additional common facilities,
if any, in accordance with the procedures established by them.
[6]
In the event of any proposed transfer of open
space or common facilities by the homeowners' association, where permitted
in accordance with applicable management plan(s) and all appropriate
homeowners' documentation, or of the assumption of maintenance of
open space or common facilities by the Township as hereinafter provided,
notice of such action shall be given to all members of the homeowners'
association by said association.
[7]
The organization shall have or hire adequate
staff, as necessary, to administer, maintain and operate open space
and common facilities.
[8]
The homeowners' association may lease back open
space lands to the developer, his heirs or assigns or to any other
person or corporation qualified to manage open space for operation
and maintenance of open space lands, but such a lease agreement shall
provide that the open space to be leased shall be maintained for the
purposes set forth in this chapter and that the operation of open
space facilities may be for the benefit of the residents of the development
only or may be open to the residents of the Township. The lease shall
be subject to the approval of the Township, as shall any transfer
of assignments so entered upon and shall be recorded with the Recorder
of Deeds of Chester County within 30 days of their execution, and
a copy of the recorded lease shall be filed with the Township.
[2]
Editor's Note: See 53 P.S. § 10705(d).
(d)
Dedication of easements to the Township or other
public agency acceptable to the Township. The Township may, but shall
not be required to, accept easements for public use of any portion
or portions of the open space or common facilities, title of which
is to remain in ownership by the developer, or by the homeowners'
association, provided that:
(e)
Fee simple dedication to the Township, or other
public agency acceptable to the Township. The Township, or other public
agency, may, but shall not be required to, accept any portion or portions
of the open space or common facilities, provided that:
C.
Maintenance and operation of open space and common
facilities.
(1)
The applicant for any development proposed to contain
open space and/or common facilities shall, where applicable, provide
to the Township, at the time of preliminary plan submission, a plan
for maintenance and operation of open space and common facilities.
Said plan shall:
(a)
Define ownership.
(b)
Establish necessary regular and periodic maintenance
responsibilities.
(c)
Estimate staffing needs, insurance requirements
and associated cost and define the means for funding the same on an
ongoing basis.
(d)
Establish guidelines for habitat management.
This portion of the management plan shall be prepared by a qualified
professional with credentials acceptable to the Township.
(2)
In the event that the organization established to
own and maintain open space or common facilities or any successor
organization shall, at any time after establishment of the open space
or common facilities, or the use attendant thereto, fail to maintain
all or any portion of the aforesaid in reasonable order and condition
in accordance with the development plan and all applicable laws, rules
and regulations, the Township may serve written notice upon such organization,
upon the residents and owners of the uses relating thereto, setting
forth the manner in which the organization has failed to maintain
the aforesaid open space or common facilities in reasonable condition,
and said notice shall include a demand that such deficiencies of maintenance
be cured within 30 days thereof, and shall state the date and place
of a hearing thereon which shall be held within 14 days of the notice.
At such hearing the Township may modify the terms of the original
notice as to the deficiencies and may give an extension of time within
which said deficiencies shall be corrected. If the deficiencies set
forth in the original notice or in the modifications thereof shall
not be corrected within said 30 days or any extension thereof, the
Township, in order to preserve the taxable values of the premises
and to prevent the open space or common facilities from becoming a
public nuisance, may enter upon the same and maintain the same for
a period of one year. Said entry and maintenance shall not constitute
a taking of said open space or common facilities and shall not vest
in the public any rights to use the open space or common facilities
except when the same is voluntarily dedicated to the public by the
residents and owners and such dedication is acceptable to the Township.
Before the expiration of said year, the Township shall, upon its initiative
or upon the request of the organization theretofore responsible for
the maintenance of said open space or common facilities, call a public
hearing upon notice to said organization, or to the residents and
owners of the dwelling units attendant thereto, at which hearing such
organization or the residents and owners of the aforesaid dwelling
units shall show cause why such maintenance by the Township shall
not, at the election of the Township, continue for a succeeding year.
If the Township shall determine that such organization is ready and
able to maintain said open space or common facilities, the Township
shall cease to maintain said open space or common facilities at the
end of said year. If the aforesaid is not ready and able to maintain
said open space or common facilities in a reasonable condition, the
Township may, in its discretion, continue to maintain said open space
or common facilities during the next succeeding year and subject to
a similar hearing and determination such year thereafter. The decision
of the Township in any such case shall constitute a final administrative
decision subject to judicial review.
(3)
The cost of such maintenance and enforcement proceedings
by the Township shall be assessed ratably, in accordance with tax
assessments, against the properties that have the right of enjoyment
of the open space or common facilities and shall become a lien on
said properties. The Township, at the time of entering upon such open
space or common facilities for the purpose of maintenance, shall file
a notice of such lien in the office of the Prothonotary of the county,
upon the properties affected by such lien.
(4)
When the total of dwelling units which are either
constructed or proposed on the tract served by open space or common
facilities exceeds 10, the Township may, upon application of any person,
or upon its own motion, require the owner who proposes to construct
transfer or convey any such open space or common facilities to meet,
in addition to the maintenance requirements set forth in the East
Bradford Township Subdivision and Land Development Ordinance,[3] the maintenance requirements set forth below:
(a)
The creation of an escrow fund held by the grantee
or for the grantee's benefit in an amount to be approved by the Township,
which approval may not be unreasonably withheld.
(b)
The purchase and installation of any component
of the facility which is deemed by the grantee to have reached 1/2
of its useful life.
(c)
The performance of all work and the installation
of all materials necessary to bring the open space or common facilities
into compliance with the facilities at the time of its conveyance
or transfer.
D.
Additional requirements for community sanitary sewage
disposal. Where uses permitted in accordance with this chapter are
proposed to be serviced by a community sewage collection, treatment
and disposal system, such system shall meet the following requirements:
(1)
It shall be in accordance with the applicable sewage
facilities plan, or a duly enacted revision or supplement thereto,
as set forth in the rules and regulations of the Department of Environmental
Protection (DEP Regulations, Title 25, Chapter 71), as amended and
supplemented.
(2)
All requirements of the Department of Environmental
Protection shall be complied with and a permit for the system issued
thereby, prior to final plan approval.
(3)
All sewage collection, treatment and disposal facilities,
except underground pipes, shall be set back a minimum of 150 feet
from the property line of the tract to be developed, shall be screened
by vegetation from neighboring properties, whether or not developed,
and shall be designed and maintained such that there is no persistent
odor therefrom.
[1]
Editor's Note: Ordinance No. 3A-1998 readopted
the text of Ord. No. 3-1998 because of concern that Ord. No. 3-1998
was not properly advertised before it was adopted on 10-13-1998.
[Amended 11-8-2005 by Ord. No. 9-2005]
A.
Purpose. It is the intent of this section to ensure
that, where required, adequate analysis of site features results in
design that to the greatest degree feasible preserves and incorporates
open space, historic, visual, environmental, biological and natural
and other community resources within development plans.
B.
Applicability. An environmental impact assessment
(EIA) shall be submitted by the applicant under the following circumstances:
(1)
As a supplement to preliminary and final plans submitted
in accordance with the provisions of the Subdivision and Development
Chapter of the Code.[1] EIA must also be completed for any proposed development
or improvement to existing properties that cover an area three acres
or more in total tract size. Applicants with tracts covering a smaller
area/acreage must also prepare and submit an EIA if the area/acreage
is located in an area designated as an environmentally sensitive area
or of historic or cultural importance as determined by the Township
Engineer in accordance with the environmental and historical standards
established by other ordinances of the Township, including, but not
limited to, the Township Historic Resources Map and Township Environmental
Inventory Map.
(2)
As a supplement to any application for conditional
use or special exception.
(3)
When any disturbance is proposed in the Riparian Buffer
Area (RBA) Conservation District.
[Added 9-9-2008 by Ord. No. 2-2008]
C.
Identification of site features. The applicant shall identify, inventory and map the site features of the tract proposed for development in accordance with §§ 95-13 and 95-14 of the East Bradford Township Subdivision and Land Development Ordinance and § 115-51C(7) below. The EIA must include an inventory of natural and environmental resources on the property proposed for development. The inventory should include a complete description of the resources on the property, including but not limited to:
(1)
Water.
(a)
The watersheds within which the planned development
will occur.
(b)
Headwaters, streams, creeks and rivers.
(c)
Floodplains.
(d)
Riparian zones and buffers.
(e)
Lakes and ponds.
(f)
Wetlands and marshes.
(g)
Groundwater classification/aquifer designation.
(h)
Principal groundwater recharge zones.
(i)
Individual groundwater withdrawals greater than
10,000 gallons per day.
(j)
Existing residential wells.
(k)
Groundwater elevations, if available.
(l)
Stream and/or stormwater runoff from the site
shall be tested for all pollutants listed in the Township's municipal
separate storm sewer system NPDES II permit and/or total maximum daily
load requirements.
(4)
Biota.
(a)
A description of the types and diversity of
biota present on the property.
(b)
Rare, threatened and/or endangered species,
including both plants and animals.
(c)
Habitats, including habitats that are, or may
be, identified as unique to the Township or in need of special protection
or consideration.
(5)
Areas of known environmental impact (e.g., failed
septic, leaking UST, polluted stream flow and/or stormwater runoff,
eroded stream embankments, etc.) via laboratory analysis and photographic
evidence.
(6)
Protected areas as delineated on the Township Environmental
Inventory Map.
(7)
In conjunction with the preliminary development plan requirements of § 95-13, Subdivision and Land Development, the EIA shall include a plan view drawn at the same scale as that required for the preliminary plans that shows the locations of the natural and environmental resources identified/catalogued for the property. The map shall also include topographic contours measured at two-foot contour intervals as required in § 95-13.
(8)
Environmental compliance. In addition to the identification of site features otherwise required by § 115-51 herein, the applicant shall further identify, inventory and map appropriate site features to indicate compliance with §§ 115-45, 115-45.1, 115-45.2 and 115-45.3 of the Code. All such aspects of an approved EIA plan, including but not limited to the required aspects of the plan indicating compliance with terms of the East Bradford Township Code, shall be financially secured, guaranteed and maintained by a maintenance agreement required by the Township and in a recordable form acceptable to the Township Solicitor. The guarantee shall provide for timely removal or remedying of all instances of noncompliance with the approved plan, including but not limited to replacement or remediation of improperly disturbed areas or habitats. The guarantee shall be further applicable to existing and installed features of the approved plan. The applicant shall pay for the services of a consultant selected by the Township to monitor and report on compliance with these requirements to the Township.
D.
In addition to the plan and resource inventory, the
applicant shall submit to the Township a narrative description of
the following:
(1)
The general character of the site features identified in accordance with § 95-13 of the East Bradford Township Subdivision and Land Development Ordinance, including environmental quality, conservation value and historical significance, as applicable.
(2)
The EIA must include an analysis of how the development
plan is consistent with the Township goals for protection of environmental
and natural resources, including:
(a)
No net gain or increased discharge to surface
water bodies from stormwater management for the planned development/improvement.
(b)
Ensuring protection of the watershed within
which the development is located and no negative impacts on any downstream
receptors or properties.
(c)
Promoting groundwater recharge.
(d)
Preservation of woodlands, hedgerows, trees
and tree masses while minimizing vegetative removal.
(e)
Coordinating the planned development with the
aesthetics of the surrounding environmental and natural resources
and protecting open space.
(f)
Protection and preservation of habitats.
(3)
A visual analysis including the following:
(a)
The scope and character of views into the tract
from outside the tract, from public roads and from private properties
in relationship to identified site features.
(b)
The scope and character of views within the
tract in relationship to identified site features.
(c)
The scope and character of external views from
within the tract.
(d)
The impact of the planned development on the
existing internal and external views, particularly with regard to
the changed vistas associated with any clearing for development and
the proposed approach for minimizing the visual impacts associated
with the planned development.
(4)
A description and identification on plan map(s), as
applicable, of all existing or proposed public or community services
and facilities that might reasonably be expected to serve the development
as proposed, including but not limited to roads, schools, libraries,
park and recreation facilities, transportation facilities, sewer and
water facilities, utilities and emergency services.
(5)
A description and qualitative assessment of the following:
(a)
Positive and negative impacts upon identified
site features, public and private views and public or community services
and facilities that might be anticipated due to development as proposed.
(b)
An analysis of any and all impacts to environmental
and natural resources caused by or directly related to the development/improvement
projects submitted to the Township for review and approval, including
impacts to the property and any impacts to surrounding properties,
regardless of distance of affected properties from the proposed development
parcel.
(c)
Where use of the open space development option
is proposed, a comparative analysis of the impacts identified with
those that might reasonably be expected should development according
to base zoning requirements be applied to the same tract.
[Amended 9-9-2008 by Ord. No. 2-2008]
(6)
A description and identification on plan map(s), as
applicable, of proposed means and/or rationale demonstrating how development
as proposed will minimize or mitigate identified negative impacts,
including a detailed description of the proposed measures that will
be taken by the applicant to mitigate any impacts to the identified
resources present on the property and any other affected property
as a result of the planned development.
(7)
Wetlands report. The applicant shall submit a wetlands
report in accordance with the United States Army Corp. of Engineers'
criteria.
(8)
The narrative shall include a table to document the
environmental impact. The table shall be formatted as follows:
[Added 9-9-2008 by Ord. No. 2-2008]
|
Example:
| |||
|---|---|---|---|
|
Impact Identification
|
Description of Environmental Impact
|
Proposed Remedy
| |
|
Remove x trees
|
Reduces wildlife habitat, reduces oxygen production,
reduces shade over stream areas
|
Relandscape and replace trees in accordance
with Township Code
|
E.
Certification.
(1)
The EIA must be prepared by a certified planner(s)
and/or environmental professional(s) with appropriate levels of education,
training and experience to perform such an analysis. A report presenting
the results of the EIA must be submitted to the Township with the
development plan. For the purposes of this section, appropriate levels
of education, training, and/or experience will consist of one of the
following:
(a)
BS degree from an accredited college or university
with a major in one or more of the following disciplines: soil science,
ecology, geology, environmental science, environmental engineering,
biology, botany, forestry or other environmental or ecological filed
of study.
(b)
Professional registration with the Commonwealth
of Pennsylvania or other entities with licensing authority and reciprocal
requirements (PE, PG, AICP, certified land planner).
(2)
Each EIA report must include a certification statement
from the individual or company that prepared the report as follows:
|
I certify that this document and all attachments
were prepared under my direction or supervision in accordance with
a system designed to assure that qualified personnel properly gather
and evaluate the information submitted. Based on my inquiry of the
person or persons who manage the system, or those persons directly
responsible for gathering the information, the information submitted
is, to the best of my knowledge and belief, true, accurate, and complete.
|
F.
Review and approval. Each EIA submitted to the Township
shall be subject to review and comment by the Environmental Advisory
Council (EAC) and/or an independent third-party reviewer retained
by the Township to assist in reviewing the EIA. Comments presented
by the EAC must be addressed in writing.
G.
After completing construction and all land development
but prior to expiration of the maintenance bond for public improvements,
a detailed site inspection shall be performed by the Township at the
expense of the applicant and/or developer to establish and document
the actual impact of development. At that time, the applicant shall
correct any impacts to resources in accordance with, but not limited
to, the following:
(1)
Trees removed by construction demarked on the plans
and/or in the field to be preserved shall be replaced in accordance
with the replacement ratios specified within the Township landscaping
ordinances.
(2)
Erosion rills, channels, ditches or eroded stream
embankments, including those caused by development on immediate downstream
public and/or private property, shall be adequately stabilized by
methods proposed by the developer/applicant and approved by the Township
Engineer. Any governing agency permits required for these activities
must be obtained by the applicant and/or developer.
(3)
Stream and/or stormwater runoff from the site shall
be tested for all pollutants listed in the Township's municipal separate
storm sewer system NPDES II permit and/or total maximum daily load
requirements for the Christina River Basin. Any pollutant increases
from initial testing must be mitigated to return the site runoff to
the original pollutant levels or below. Mitigation measures shall
be proposed by the developer and approved by the Township Engineer.
(4)
All stormwater management facilities and piping systems
must be cleared of sediments and debris. Underground facilities clogged
with sediments shall be replaced if deemed necessary by the Township
Engineer.
(5)
Any damage to stormwater basin berms, spillways and
piping shall be repaired, including those damaged as a result of construction
on the immediate downstream public or private property. Repairs shall
be proposed by the applicant/developer and approved by the Township
Engineer.
(6)
All temporary erosion control facilities left in place
for construction, particularly filter fabric fencing and temporary
stormwater basin outlet structures, shall be removed and replaced
with permanent facilities where applicable. Any areas disturbed during
the removal process must be stabilized.
(7)
Invasive plant species and algae must be removed from
stormwater basin areas and any other areas where invasive plants have
conflicted with the provisions of the landscaping plan.
(8)
All landscaping materials required as part of the
land development plan destroyed by humans or animals must be replaced.
Plantings destroyed by humans must be relocated to lessen the chance
of further damage. Plantings destroyed by animals, particularly deer,
must be replaced with species less desirable to the animal or must
be treated with environmentally sensitive repellants.
(9)
Any riparian buffer areas, wetlands or open space
areas infringed upon by mowing, fencing, clearing, structures, etc.,
must be abandoned and returned to their natural state. All structures
must be removed and returned to the property owner or demolished and
removed from the site.
(10)
All construction debris must be removed from
the site.
(11)
The applicant/developer shall furnish the Township
with any records of failing single lot septic systems or community
sewage system failures or repairs.
[Added 9-12-1995 by Ord. No. 164-1995; amended 12-13-2006 by Ord. No.
8-2006; 7-14-2015 by Ord. No. 10-2015]
A.
Purpose and intent.
(1)
Purpose. The purpose of this section is to establish uniform
standards for the siting, design, permitting, maintenance, and use
of wireless communications facilities in East Bradford Township. While
the Township recognizes the importance of wireless communications
facilities in providing high-quality communications service to its
residents and businesses, the Township also recognizes that it has
an obligation to protect public safety and to minimize the adverse
visual effects of such facilities through the standards set forth
in the following provisions.
(2)
By enacting these provisions, the Township intends to:
(a)
Provide for the managed development of wireless communications
facilities in a manner that enhances the benefits of wireless communication
and accommodates the needs of both Township residents and wireless
carriers in accordance with federal and state laws and regulations;
(b)
Establish procedures for the design, siting, construction, installation,
maintenance and removal of both tower-based and non-tower based wireless
communications facilities in the Township, including facilities both
inside and outside the public rights-of-way;
(c)
Address new wireless technologies, including but not limited
to, distributed antenna systems, data collection units, cable, Wi-Fi
and other wireless communications facilities;
(d)
Encourage applicants to seek joint use of existing wireless
communications facilities and other tall structures;
(e)
Minimize the adverse visual effects and the number of such facilities
through proper design, siting, screening, material, color and finish
and by requiring that competing providers of wireless communications
services co-locate their commercial communications antennas and related
facilities on existing towers;
(f)
Promote the health, safety and welfare of the Township's residents.
B.
General requirements for all non-tower wireless communications facilities.
(1)
The following regulations shall apply to all non-tower wireless
communications facilities located within the Township:
(a)
Accessory use to existing electrical transmission structures.
Non-tower WCFs shall be considered to be an accessory use to existing
electrical transmission structures, when affixed to such transmission
structures, and shall be permitted in all zoning districts in the
Township, with the exception of the Brandywine Scenic River District.
(b)
Standard of care. Any non-tower WCF shall be designed, constructed,
operated, maintained, repaired, modified and removed in strict compliance
with all current applicable technical, safety and safety-related codes,
including but not limited to the most recent editions of the American
National Standards Institute (ANSI) Code, National Electrical Safety
Code, and National Electrical Code. Any WCF shall at all times be
kept and maintained in good condition, order and repair by qualified
maintenance and construction personnel, so that the same shall not
endanger the life of any person or any property in the Township.
(c)
Wind. All non-tower WCF shall be designed to withstand the effects
of wind according to the standard designed by the American National
Standards Institute as prepared by the engineering departments of
the Electronics Industry Association, and Telecommunications Industry
Association (ANSI/TIA-222, as amended).
(d)
Aviation safety. Non-tower WCFs shall comply with all federal
and state laws and regulations concerning aviation safety.
(e)
Public safety communications. Non-tower WCFs shall not interfere
with public safety communications or the reception of broadband, television,
radio or other communication services enjoyed by occupants of nearby
properties.
(f)
Radio frequency emissions. Non-tower WCFs shall not, by themselves
or in conjunction with other WCFs, generate radio frequency emissions
in excess of the standards and regulations of the FCC, including but
not limited to, the FCC Office of Engineering Technology Bulletin
65, entitled "Evaluating Compliance with FCC Guidelines for Human
Exposure to Radio Frequency Electromagnetic Fields," as amended.
(g)
Removal. In the event that use of a non-tower WCF is discontinued,
the owner shall provide written notice to the Township of its intent
to discontinue use and the date when the use shall be discontinued.
Unused or abandoned WCFs or portions of WCFs shall be removed as follows:
[1]
All abandoned or unused WCFs and accessory facilities
shall be removed within two months of the cessation of operations
at the site unless a time extension is approved by the Township.
[2]
If the WCF or accessory facility is not removed
within two months of the cessation of operations at a site, or within
any longer period approved by the Township, the WCF and/or associated
facilities and equipment may be removed by the Township and the cost
of removal assessed against the owner of the WCF.
(h)
Timing of approval.
[Amended 7-14-2020 by Ord. No. 03-2020]
[1]
Within 30 calendar days of the date that an application
for a non-tower WCF is filed with the Township, the Township shall
notify the applicant in writing of any information that may be required
to complete such application. Within 90 calendar days of receipt of
a complete application, the Township shall make its final decision
on whether to approve the application and shall advise the applicant
in writing of such decision. If additional information was requested
by the Township to complete an application, the time required by the
applicant to provide the information shall not be counted toward the
Township's ninety-day review period. If the application is subject
to conditional use approval, such conditional use provisions will
remain applicable to the application; however, the timing of approval
shall not fall outside the timeline set forth in this section unless
agreed to by all parties.
[2]
Timing of approval when a non-tower WCF is also
an SWF. Within 10 calendar days of the date that an application for
a non-tower WCF which is also an SWF is filed with the Township, the
Township shall notify the applicant in writing of any information
that may be required to complete such application. Within 60 calendar
days of receipt of a complete application, the Township shall make
its final decision on whether to approve the application and shall
advise the applicant in writing of such decision. If additional information
was requested by the Township to complete an application, the time
required by the applicant to provide the information shall not be
counted toward the Township's sixty-day review period. If the application
is subject to conditional use approval, such conditional use provisions
will remain applicable to the application; however, the timing of
approval shall not fall outside the timeline set forth in this section
unless agreed to by all parties.
(i)
Insurance. Each person that owns or operates a non-tower WCF
shall provide the Township with a certificate of insurance evidencing
general liability coverage in the minimum amount of $1,000,000 per
occurrence and property damage coverage in the minimum amount of $1,000,000
per occurrence covering the non-tower WCF.
(j)
Indemnification. Each person that owns or operates a non-tower
WCF shall, at its sole cost and expense, indemnify, defend and hold
harmless the Township, its elected and appointed officials, employees
and agents, at all times against any and all claims for personal injury,
including death, and property damage arising in whole or in part from,
caused by or connected with any act or omission of the person, its
officers, agents, employees or contractors arising out of, but not
limited to, the construction, installation, operation, maintenance
or removal of the non-tower WCF. Each person that owns or operates
a non-tower WCF shall defend any actions or proceedings against the
Township in which it is claimed that personal injury, including death,
or property damage was caused by the construction, installation, operation,
maintenance or removal of a non-tower WCF. The obligation to indemnify,
hold harmless and defend shall include, but not be limited to, the
obligation to pay judgments, injuries, liabilities, damages, reasonable
attorneys' fees, reasonable expert fees, court costs and all other
costs of indemnification.
(k)
Maintenance. To the extent permitted by law, the following maintenance
requirements shall apply:
[1]
The non-tower WCF shall be fully automated and
unattended on a daily basis and shall be visited only for maintenance
or emergency repair.
[2]
Such maintenance shall be performed to ensure the
upkeep of the facility in order to promote the safety and security
of the Township's residents.
[3]
All maintenance activities shall utilize nothing
less than the best available technology for preventing failures and
accidents.
(l)
Reservation of rights. In accordance with applicable law, the
Township reserves the right to deny an application for the construction
or placement of any non-tower WCF for numerous factors, which include
but are not limited to, visual impact, design, and safety standards.
(2)
In addition to the regulations of Subsection B(1) of this section, the following regulations shall apply to all non-tower WCFs that do not substantially change the physical dimensions of the wireless support structure to which they are attached:
(a)
Permit required. Applicants proposing the modification of an
existing tower-based WCF, in order to accommodate a non-tower WCF,
shall obtain the applicable permit from the Township zoning office.
In order to be considered for such permit, the WCF applicant must
submit a permit application to the Township in accordance with applicable
permit policies and procedures.
(b)
Such non-tower WCFs that do not substantially change the physical
dimension of the wireless support structure may be eligible for a
sixty-day timeframe for review. The applicant shall assert such eligibility
in writing to the Township and provide documentation reasonably related
to the determining whether the application is eligible for the shortened
review timeframe. If warranted, such application shall be reviewed
within the sixty-day timeframe.
(c)
Related equipment. Ground-mounted related equipment greater
than three cubic feet shall not be located within 25 feet of a lot
in residential use or zoned residential.
(d)
Permit fees. The Township may assess appropriate and reasonable
permit fees directly related to the Township's actual costs in reviewing
and processing the application for approval of a nontower WCF, as
well as related inspection, monitoring and related costs. Such fees
shall be adopted by resolution of the East Bradford Township Board
of Supervisors.
[Amended 7-14-2020 by Ord. No. 03-2020]
(3)
In addition to the regulations in Subsection B(1) of this section, the following additional regulations shall apply to all non-tower wireless communications facilities that do substantially change the wireless support structure to which they are attached:
(a)
Prohibited on certain structures. Non-tower WCFs shall not be
located on single-family detached residences, single-family attached
residences, or any residential accessory structure.
(b)
Conditional use authorization. When the Pennsylvania Wireless
Broadband Collocation Act does not apply to the proposed siting of
a new non-tower WCF application, the approval process for such application
shall be conditional use. When a conditional use application is required,
the regulations set forth in this section shall apply to the facility,
dependent upon its proposed location. New construction and modifications
that do not fall within the provisions of the WBCA shall be prohibited
without conditional use authorization.
(c)
Historic buildings. Non-tower WCFs shall not be located on a
property, and/or on a building or structure that is listed on either
the National or Pennsylvania Registers of Historic Places, or is eligible
to be so listed, or is listed on the official historic structures
and/or historic districts list maintained by the Township, or has
been designated by the Township to be of historical significance.
(d)
Retention of experts. The Township may hire any consultant(s)
and/or expert(s) necessary to assist the Township in reviewing and
evaluating the application for approval of the WCF and, once approved,
in reviewing and evaluating any potential violations of the terms
and conditions of these provisions. The applicant and/or owner of
the WCF shall reimburse the Township for all costs of the Township's
consultant(s) in providing expert evaluation and consultation in connection
with these activities.
(e)
Permit fees. The Township may assess appropriate and reasonable
permit fees directly related to the Township's actual costs in reviewing
and processing the application for approval of a non-tower WCF, as
well as related inspection, monitoring and related costs. Such fees
shall be adopted by resolution of the East Bradford Township Board
of Supervisors.
C.
Non-tower wireless facilities outside the rights-of-way. The following
additional regulations shall apply to non-tower WCFs located outside
the rights-of-way that substantially change the wireless support structure
to which they are attached:
(1)
Development regulations. Non-tower WCFs shall be co-located
on existing structures, such as existing buildings or tower-based
WCFs subject to the following conditions:
(a)
In accordance with industry standards, all non-tower WCF applicants
must submit documentation to the Township justifying the total dimensions
of the non-tower structure. Such documentation shall be analyzed on
an individual basis.
(b)
The height of a non-tower WCF affixed to an electrical transmission
structure, including the height of the underlying structure, shall
be no higher than 120 feet.
(c)
The total height of any nonelectrical transmission support structure
and mounted WCF shall not exceed the maximum height permitted in the
underlying zoning district, unless the WCF applicant applies for,
and subsequently obtains, a variance.
(d)
If the WCF applicant proposes to locate the related equipment
in a separate building, the building shall comply with the minimum
requirements for the applicable zoning district.
(e)
A security fence of not less than 10 feet shall surround any
separate communications equipment building. Vehicular access to the
communications equipment building shall not interfere with the parking
or vehicular circulations on the site for the principal use.
(2)
Design regulations.
(a)
Non-tower WCFs shall employ stealth technology and be treated
to match the supporting structure in order to minimize aesthetic impact.
The application of the stealth technology chosen by the WCF applicant
shall be subject to the approval of the Township.
(b)
Noncommercial usage exemption. Township citizens utilizing satellite
dishes and antennas for the purpose of maintaining television, phone,
and/or internet connections at their respective residences shall be
exempt from the design regulations enumerated in this section.
(3)
Removal, replacement, or modification. The removal and replacement
of non-tower WCFs and/or accessory equipment for the purpose of upgrading
or repairing the WCF is permitted, so long as such repair or upgrade
does not increase the overall size of the WCF or the numbers of antennas.
Any material modification to a WCF shall require a prior amendment
to the original permit or authorization.
(4)
Inspection. The Township reserves the right to inspect any WCF
to ensure compliance with the provisions of the Zoning Ordinance and
any other provisions found within the Township Code or state or federal
law. The Township and/or its agents shall have the authority to enter
the property upon which a WCF is located at any time, upon reasonable
notice to the operator, to ensure such compliance.
D.
Non-tower WCFs in the public rights-of-way. The following additional
regulations shall apply to all non-tower wireless communications facilities
located in the public rights-of-way:
(1)
Co-location. Non-tower WCFs in the ROW shall be co-located on
existing poles, such as existing utility poles or light poles. If
co-location is not technologically feasible, the applicant shall locate
its non-tower WCFs on existing poles that do not already act as wireless
support structures with Township approval.
(2)
Design requirements:
(a)
WCF installations located above the surface grade in the public
ROW, including on streetlights and joint utility poles, shall consist
of equipment components that are no more than six feet in height and
that are compatible in scale and proportion to the structures upon
which they are mounted. All equipment shall be the smallest and least
visibly intrusive equipment feasible.
(b)
Antennas and all support equipment shall be treated to match
the supporting structure. WCFs and accompanying equipment shall be
painted, or otherwise coated, to be visually compatible with the support
structure upon which they are mounted.
(3)
Time, place and manner. The Township shall determine the time,
place and manner of construction, maintenance, repair and/or removal
of all non-tower WCFs in the ROW based on public safety, traffic management,
physical burden on the ROW, and related considerations. For public
utilities, the time, place and manner requirements shall be consistent
with the police powers of the Township and the requirements of the
Public Utility Code.
(4)
A road opening permit shall be required.
(5)
License agreement. Applicants shall execute a license agreement
with the Township on forms furnished by the Township.
(6)
Equipment location. Non-tower WCFs and accessory equipment shall
be located so as not to cause any physical or visual obstruction to
pedestrian or vehicular traffic, or to otherwise create safety hazards
to pedestrians and/or motorists or to otherwise inconvenience public
use of the ROW as determined by the Township. In addition:
(a)
In no case shall ground-mounted equipment, walls, or landscaping
be located within 18 inches of the face of the curb or within an easement
extending onto a privately owned lot;
(b)
Ground-mounted equipment that cannot be undergrounded shall
be screened, to the fullest extent possible, through the use of landscaping
or other decorative features to the satisfaction of the Township.
(c)
Required electrical meter cabinets shall be screened to blend
in with the surrounding area to the satisfaction of the Township.
(d)
Any graffiti on the tower or on any accessory equipment shall
be removed at the sole expense of the owner within 10 business days
of notice of the existence of the graffiti.
(e)
Any proposed underground vault related to non-tower WCFs shall
be reviewed and approved by the Township.
(7)
Relocation or removal of facilities. Within 60 days following
written notice from the Township, or such longer period as the Township
determines is reasonably necessary or such shorter period in the case
of an emergency, an owner of a WCF in the ROW shall, at its own expense,
temporarily or permanently remove, relocate, change or alter the position
of any WCF when the Township, consistent with its police powers and
applicable Public Utility Commission regulations, shall have determined
that such removal, relocation, change or alteration is reasonably
necessary under the following circumstances:
(a)
The construction, repair, maintenance or installation of any
Township or other public improvement in the right-of-way;
(b)
The operations of the Township or other governmental entity
in the right-of-way;
(c)
Vacation of a street or road or the release of a utility easement;
or
(d)
An emergency as determined by the Township.
E.
General requirements for all tower-based wireless communications
facilities. The following regulations shall apply to all tower-based
wireless communications facilities in the Township:
(1)
Standard of care. Any tower-based WCF shall be designed, constructed,
operated, maintained, repaired, modified and removed in strict compliance
with all current applicable technical, safety and safety-related codes,
including but not limited to, the most recent editions of the American
National Standards Institute (ANSI) Code, National Electrical Safety
Code, National Electrical Code, as well as the accepted and responsible
workmanlike industry practices of the National Association of Tower
Erectors. Any tower-based WCF shall at all times be kept and maintained
in good condition, order and repair by qualified maintenance and construction
personnel, so that the same shall not endanger the life of any person
or any property in the Township.
(2)
Notice. Upon submission of an application for a tower-based
WCF and the scheduling of the public hearing upon the application,
the applicant shall mail notice to all owners of every property within
500 feet of the property upon which the proposed facility is located.
The applicant shall provide proof of the notification to the Township.
(3)
Conditional use authorization required. Tower-based WCFs are
permitted in C-2 and I Zoning Districts by conditional use and only
in such location within such districts and at a height necessary to
satisfy their function in the applicant's wireless communications
system. No applicant shall have the right under these regulations
to erect a tower to the maximum height specified in this section unless
it proves the necessity for such height. The applicant shall demonstrate
that the antenna/tower/pole for the tower-based WCF is the minimum
height necessary for the service area.
(a)
Prior to the Board of Supervisor's approval of a conditional
use authorizing the construction and installation of tower-based WCF
in a Zoning District where the same is a permitted conditional use,
it shall be incumbent upon the applicant for such conditional use
approval to prove to the reasonable satisfaction of the Board that
the applicant cannot adequately extend or infill its communications
system by the use of antennas and/or non-tower WCFs.
(b)
The conditional use application shall be accompanied by a propagation
study evidencing the need for the proposed tower or other communication
facilities and equipment, as well as a description of the type and
manufacturer of the proposed transmission/radio equipment.
(c)
The conditional use application shall also be accompanied by
documentation demonstrating that the proposed tower-based WCF complies
with all state and federal laws and regulations concerning aviation
safety.
(d)
Where the tower-based WCF is located on a property with another
principal use, the applicant shall present documentation to the Board
that the owner of the property has granted an easement for the proposed
WCF and that vehicular access will be provided to the facility.
(e)
The conditional use application shall demonstrate that the proposed
WCF complies with all other applicable regulations required in the
conditional use process.
(4)
Engineer inspection. Prior to the Township's issuance of a permit
authorizing construction and erection of a tower-based WCF, a structural
engineer registered in Pennsylvania shall issue to the Township a
written certification of the proposed WCF's ability to meet the structural
standards offered by either the Electronic Industries Association
or the Telecommunication Industry Association and certify the proper
construction of the foundation and the erection of the structure.
(5)
Visual appearance. Tower-based WCFs shall employ stealth technology.
All related equipment shall be aesthetically and architecturally compatible
with the surrounding environment and shall maximize the use of a like
facade to blend with the existing surroundings and neighboring buildings
to the greatest extent possible.
(a)
The Board of Supervisors may require that related equipment
and buildings which house electrical transmitter equipment be placed
underground, unless determined to be detrimental to the functioning
and physical integrity of such equipment.
(b)
In making this determination, the Board of Supervisors shall
consider whether its decision will promote the harmonious and orderly
development of the zoning district involved; encourage compatibility
with the character and type of development existing in the area; benefit
neighboring properties by preventing a negative impact on the aesthetic
character of the community; preserve woodlands and trees existing
at the site to the greatest possible extent; and encourage sound engineering
and land development design and construction principles, practices
and techniques.
(6)
Co-location and siting. An application for a new tower-based
WCF shall not be approved unless the Township finds that the antenna
and related equipment planned for the proposed tower-based WCF cannot
be accommodated on an existing or approved structure or building.
The Board of Supervisors may deny an application to construct a new
tower-based WCF if the applicant has not made a good faith effort
to mount antenna(s) on an existing structure as set forth in this
section. The applicant shall demonstrate that it contacted the owners
of tall structures, buildings, and towers within a one-quarter-mile
radius of the site proposed, sought permission to install antenna
on those structures, buildings, and towers and was denied for one
of the following reasons:
(a)
The proposed antenna and related equipment would exceed the
structural capacity of the existing building, structure or tower,
and its reinforcement cannot be accomplished at a reasonable cost.
(b)
The proposed antenna and related equipment would cause radio
frequency interference with other existing equipment for that existing
building, structure, or tower and the interference cannot be prevented
at a reasonable cost.
(c)
Such existing buildings, structures, or towers do not have adequate
location, space, access, or height to accommodate the proposed equipment
or to allow it to perform its intended function.
(d)
A commercially reasonable agreement could not be reached with
the owner of such building, structure, or tower.
(7)
Permit required for modifications. To the extent permissible
under applicable state and federal law, any applicant proposing the
modification of an existing tower-based WCF, which increases the overall
height of such WCF, shall first obtain the applicable permit from
the Township zoning office, in accordance with the Township's permitting
practices. Nonroutine modifications shall be prohibited without a
permit.
(8)
Gap in coverage. An applicant for a tower-based WCF must demonstrate
that a significant gap in wireless coverage exists with respect to
all wireless operators in the applicable area and that the type of
WCF being proposed is the least intrusive means by which to fill that
gap in wireless coverage. The existence or nonexistence of a gap in
wireless coverage shall be a factor in the Township's decision on
an application for approval of tower-based WCFs.
(9)
Additional antennas. As a condition of approval for all tower-based
WCFs, the WCF applicant shall provide the Township with a written
commitment that it will allow other service providers to co-locate
antennas on tower-based WCFs where technically and economically feasible.
The owner of a tower-based WCF shall not install any additional antennas
without obtaining the prior written approval of the Township.
(10)
Wind. Any tower-based WCF structures shall be designed to withstand
the effects of wind according to the standard designed by the American
National Standards Institute as prepared by the engineering departments
of the Electronics Industry Association, and Telecommunications Industry
Association (ANSI/EIA/TIA-222-E, as amended).
(11)
Height. Tower-based WCFs shall be designed at the minimum functional
height. All tower-based WCF applicants must submit documentation to
the Township justifying the total height of the structure. The maximum
total height of any tower-based WCF, which is not located in the public
ROW, shall not exceed 100 feet, as measured vertically from the ground
level, including any base pad, to the highest point on the structure,
including antennas and subsequent alterations. Should the WCF applicant
prove that another provider of wireless communications services has
agreed to co-locate antennas on the applicant's tower-based WCF and
requires a greater tower height to provide satisfactory service for
wireless communications than is required by the applicant, the total
height of such tower-based WCF may exceed 100 feet if the applicant
is granted a waiver from the Board; however, in no event, shall the
tower-based WCF exceed 150 feet.
(12)
Related equipment building. Any building or other structure
housing related equipment shall comply with the required yard and
height requirement of the applicable zoning district for an accessory
structure.
(13)
Public safety communications. No tower-based WCF shall interfere
with public safety communications or the reception of broadband, television,
radio or other communication services enjoyed by occupants of nearby
properties.
(14)
Maintenance. The following maintenance requirements shall apply:
(a)
Any tower-based WCF shall be fully automated and unattended
on a daily basis and shall be visited only for maintenance or emergency
repair.
(b)
Such maintenance shall be performed to ensure the upkeep of
the facility in order to promote the safety and security of the Township's
residents.
(c)
All maintenance activities shall utilize nothing less than the
best available technology for preventing failures and accidents.
(15)
Radio frequency emissions. No tower-based WCF may, by itself
or in conjunction with other WCFs, generate radio frequency emissions
in excess of the standards and regulations of the FCC, including but
not limited to, the FCC Office of Engineering Technology Bulletin
65, entitled "Evaluating Compliance with FCC Guidelines for Human
Exposure to Radio Frequency Electromagnetic Fields," as amended.
(16)
Historic buildings or districts. No tower-based WCF shall be
located on property and/or on a building or structure that is listed
on either the National or Pennsylvania Registers of Historic Places,
or eligible to be so listed, or is included in the official historic
structures and/or historic districts list maintained by the Township.
(17)
Signs. All tower-based WCFs shall post a sign in a readily visible
location identifying the name and phone number of a party to contact
in the event of an emergency. The only other signage permitted on
the WCF shall be those required by the FCC, or any other federal or
state agency.
(18)
Lighting. No tower-based WCF shall be artificially lighted,
except as required by law. If lighting is required, the applicant
shall provide a detailed plan for sufficient lighting, demonstrating
as unobtrusive and inoffensive an effect as is permissible under state
and federal regulations.
(19)
Noise. Tower-based WCFs shall be operated and maintained so
as not to produce noise in excess of applicable noise standards under
state law and the Township Code, except in emergency situations requiring
the use of a backup generator, where such noise standards may be exceeded
on a temporary basis only.
(20)
Aviation safety. Tower-based WCFs shall comply with all federal
and state laws and regulations concerning aviation safety.
(21)
Retention of experts. The Township may hire any consultant(s)
and/or expert(s) necessary to assist the Township in reviewing and
evaluating the application for approval of the tower-based WCF and,
once approved, in reviewing and evaluating any potential violations
of the terms and conditions of the Zoning Ordinance. The WCF applicant
and/or owner of the WCF shall reimburse the Township for all costs
of the Township's consultant(s) in providing expert evaluation and
consultation in connection with these activities.
(22)
Timing of approval.
[Amended 7-14-2020 by Ord. No. 03-2020]
(a)
Within 30 calendar days of the date that an application for
a tower-based WCF is filed with the Township, the Township shall notify
the WCF applicant in writing of any information that may be required
to complete such application. All applications for tower-based WCFs
shall be acted upon within 150 days of the receipt of a fully completed
application for the approval of such tower-based WCF, and the Township
shall advise the WCF applicant in writing of its decision. If additional
information was requested by the Township to complete an application,
the time required by the WCF applicant to provide the information
shall not be counted toward the 150-day review period. If the application
is subject to conditional use approval, such conditional use provisions
will remain applicable to the application; however, the timing of
approval shall not fall outside the timeline set forth in this section
unless agreed to by all parties.
(b)
Timing of approval for a tower-based WCF which is also an SWF.
Within 10 calendar days of the date that an application for a tower-based
WCF which is also an SWF is filed with the Township, the Township
shall notify the applicant in writing of any information that may
be required to complete such application. All applications for tower-based
WCFs which are also SWFs shall be acted upon within 90 days of the
receipt of a fully completed application, and the Township shall advise
the applicant in writing of its decision. If additional information
was requested by the Township to complete an application, the time
required by the applicant to provide the information shall not be
counted toward the ninety-day review period. If the application is
subject to conditional use approval, such conditional use provisions
will remain applicable to the application; however, the timing of
approval shall not fall outside the timeline set forth in this section
unless agreed to by all parties.
(23)
Nonconforming uses. Nonconforming tower-based WCFs which are
hereafter damaged or destroyed due to any reason or cause may be repaired
and restored at their former location, but must otherwise comply with
the applicable terms and conditions of this section. Co-location on
existing nonconforming WCFs is permitted.
(24)
Removal. In the event that use of a tower-based WCF is planned
to be discontinued, the owner shall provide written notice to the
Township of its intent to discontinue use and the date when the use
shall be discontinued. Unused or abandoned WCFs or portions of WCFs
shall be removed as follows:
(a)
All unused or abandoned tower-based WCFs and accessory facilities
shall be removed within six months of the cessation of operations
at the site unless a time extension is approved by the Township.
(b)
If the WCF and/or accessory facility is not removed within six
months of the cessation of operations at a site, or within any longer
period approved by the Township, the WCF and accessory facilities
and equipment may be removed by the Township and the cost of removal
assessed against the owner of the WCF or the owner of the property
upon which the WCF is located.
(c)
Any unused portions of tower-based WCFs, including antennas,
shall be removed within six months of the time of cessation of operations.
The Township must approve all replacements of portions of a tower-based
WCF previously removed.
(25)
Permit fees. The Township may assess appropriate and reasonable
permit fees directly related to the Township's actual costs in reviewing
and processing the application for approval of a tower-based WCF,
as well as related inspection, monitoring, and related costs. Such
fees shall be adopted by resolution of the East Bradford Township
Board of Supervisors.
(26)
FCC license. Each person that owns or operates a tower-based
WCF shall submit a copy of its current FCC license, including the
name, address, and emergency telephone number for the operator of
the facility.
(27)
Reservation of rights. In accordance with applicable law, the
Township reserves the right to deny an application for the construction
or placement of any tower-based WCF for numerous factors, including
but are not limited to, visual impact, design, and safety standards.
(28)
Insurance. Each person that owns or operates a tower-based WCF
greater than 40 feet in height shall provide the Township with a certificate
of insurance evidencing general liability coverage in the minimum
amount of $5,000,000 per occurrence and property damage coverage in
the minimum amount of $5,000,000 per occurrence covering the tower-based
WCF. Each person that owns or operates a tower-based WCF 40 feet or
less in height shall provide the Township with a certificate of insurance
evidencing general liability coverage in the minimum amount of $1,000,000
per occurrence and property damage coverage in the minimum amount
of $1,000,000 per occurrence covering each tower-based WCF.
(29)
Indemnification. Each person that owns or operates a tower-based
WCF shall, at its sole cost and expense, indemnify, defend and hold
harmless the Township, its elected and appointed officials, employees
and agents, at all times against any and all claims for personal injury,
including death, and property damage arising in whole or in part from,
caused by or connected with any act or omission of the person, its
officers, agents, employees or contractors arising out of, but not
limited to, the construction, installation, operation, maintenance
or removal of the tower-based WCF. Each person that owns or operates
a tower-based WCF shall defend any actions or proceedings against
the Township in which it is claimed that personal injury, including
death, or property damage was caused by the construction, installation,
operation, maintenance or removal of tower-based WCF. The obligation
to indemnify, hold harmless and defend shall include, but not be limited
to, the obligation to pay judgments, injuries, liabilities, damages,
reasonable attorneys' fees, reasonable expert fees, court costs and
all other costs of indemnification.
(30)
Engineer signature. All plans and drawings for a tower-based
WCF structure/tower and antenna shall contain a seal and signature
of a professional structural engineer, licensed in the Commonwealth
of Pennsylvania.
(31)
Financial security. Prior to receipt of a zoning permit for
the construction or placement of a tower-based WCF, the applicant
shall provide to the Township financial security sufficient to guarantee
the removal of the tower-based WCF. Said financial security shall
remain in place until the tower-based WCF is removed.
F.
Tower-based WCFs outside the rights-of-way. The following additional
regulations shall apply to tower-based wireless communications facilities
located outside the rights-of-way:
(1)
Development regulations.
(a)
Location. Tower-based WCFs which are 40 feet or higher in height
shall not be located within 75 feet of any underground utilities (except
for sewer and water) and except as otherwise permitted by the Zoning
Ordinance. Such tower-based WCFs may be located in the following Zoning
Districts by conditional use:
(b)
Sole use on a lot. A tower-based WCF may be permitted as a sole
use on a lot, provided that the underlying lot is at least one acre.
The minimum distance between the base of a tower-based WCF and any
adjoining property line or street right-of-way line shall equal 110%
of the proposed WCF structure height.
(2)
Design regulations.
(a)
The WCF shall employ the most current stealth technology available
in an effort to appropriately blend into the surrounding environment
and minimize aesthetic impact which shall be subject to the final
approval of the Township.
(b)
To the extent permissible by law, any height extensions to an
existing tower-based WCF shall require prior approval of the Township.
(c)
Any proposed tower-based WCF shall be designed structurally,
electrically, and in all respects to accommodate both the WCF applicant's
antennas and comparable antennas for future users.
(d)
Any tower-based WCF over 40 feet in height shall be equipped
with an anti-climbing device, as approved by the manufacturer.
(3)
Surrounding environs.
(a)
The WCF applicant shall ensure that the existing vegetation,
trees and shrubs located within proximity to the WCF structure shall
be preserved to the maximum extent possible.
(b)
Evergreen bushes, a minimum of five feet in height, shall be
planted immediately adjacent to the fencing at an interval not greater
than three feet on center, except adjacent to that portion of the
fence at which is located an access gate.
(4)
Fence/screen.
(a)
A security fence constructed of wood or wood-like composite
material, having a minimum height of 10 feet shall completely surround
any tower-based WCF greater than 40 feet in height, as well as guy
wires, or any building housing WCF equipment. The fence shall not
be topped with barbed wire.
(b)
Landscaping. Landscaping shall be required to screen as much
of a newly constructed tower-based WCF as possible. The Board of Supervisors
may permit any combination of existing vegetation, topography, walls,
decorative fences or other features instead of landscaping, if, in
the discretion of the Board of Supervisors, they achieve the same
degree of screening. Existing vegetation shall be preserved to the
maximum extent possible.
(5)
Accessory equipment.
(a)
Ground-mounted equipment associated to, or connected with, a
tower-based WCF shall be underground or screened from public view
using stealth technologies, as described in this section.
(b)
All utility buildings and accessory structures shall be architecturally
designed to blend into the environment in which they are situated
and shall meet the minimum setback requirements of the underlying
zoning district.
(6)
Access road. An access road of at least 20 feet in width, turnaround
space and parking shall be provided to ensure adequate emergency and
service access to a tower-based WCF. Maximum use of existing roads,
whether public or private, shall be made to the extent practicable.
Road construction shall at all times minimize ground disturbance and
the cutting of vegetation. Road grades shall closely follow natural
contours to ensure minimal visual disturbance and minimize soil erosion.
Where applicable, the WCF owner shall present documentation to the
Township that the property owner has granted an easement for the proposed
facility.
(7)
Parking. For each tower-based WCF greater than 40 feet in height,
there shall be two off-street parking spaces.
(8)
Inspection. The Township reserves the right to inspect any tower-based
WCF to ensure compliance with the provisions of this section and any
other provisions found within the Township Code or state or federal
law. The Township and/or its agents shall have the authority to enter
the property upon which a WCF is located at any time, upon reasonable
notice to the operator, to ensure such compliance.
G.
Tower-based WCFs in the rights-of-way. The following regulations
shall apply to tower-based wireless communications facilities located
in the rights-of-way:
(1)
Development regulation.
(a)
Tower-based WCFs 40 feet or shorter in height shall not be located
within any right-of-way that directly fronts or abuts the front yard
setback of a residential dwelling.
(b)
Only tower-based WCFs 40 feet or shorter in height are permitted
along certain corridors and roadways, regardless of the underlying
zoning district, provided that they are not situated within 50 feet
of an underground utility (except for sewer and water) as follows:
(2)
Time, place and manner. The Township shall determine the time,
place and manner of construction, maintenance, repair and/or removal
of all tower-based WCFs in the ROW based on public safety, traffic
management, physical burden on the ROW, and related considerations.
For public utilities, the time, place and manner requirements shall
be consistent with the police powers of the Township and the requirements
of the Public Utility Code.
(3)
Permit required. A road opening permit shall be required.
(4)
Equipment location. Tower-based WCFs and related equipment shall
be located so as not to cause any physical or visual obstruction to
pedestrian or vehicular traffic, or to otherwise create safety hazards
to pedestrians and/or motorists or to otherwise inconvenience public
use of the ROW as determined by the Township. In addition:
(a)
In no case shall ground-mounted equipment, walls, or landscaping
be located within 18 inches of the edge of the roadbed or the face
of the curb.
(b)
Ground-mounted equipment that cannot be undergrounded shall
be screened, to the fullest extent possible, through the use of landscaping
or other decorative features to the satisfaction of the Township.
(c)
Required electrical meter cabinets shall be screened to blend
in with the surrounding area to the satisfaction of the Township.
(d)
Any graffiti on the tower or on any accessory equipment shall
be removed at the sole expense of the owner within 10 business days
of notice of the existence of the graffiti.
(e)
Any underground vaults related to tower-based WCFs shall be
reviewed and approved by the Township.
(5)
Design regulations.
(a)
The WCF shall employ the most current stealth technology available
in an effort to appropriately blend into the surrounding environment
and minimize aesthetic impact, subject to the approval of the Township.
(b)
Tower-based WCFs in the public ROW shall not exceed 40 feet
in height.
(c)
To the extent permissible under state and federal law, any height
extensions to an existing tower-based WCF shall require prior approval
of the Township, and shall not increase the overall height of the
tower-based WCF to more than 40 feet.
(d)
Any proposed tower-based WCF shall be designed structurally,
electrically, and in all respects to accommodate both the WCF applicant's
antennas and comparable antennas for future users.
(6)
Relocation or removal of facilities. Within 60 days following
written notice from the Township, or such longer period as the Township
determines is reasonably necessary or such shorter period in the case
of an emergency, an owner of tower-based WCF in the ROW shall, at
its own expense, temporarily or permanently remove, relocate, change
or alter the position of any WCF when the Township, consistent with
its police powers and applicable Public Utility Commission regulations,
shall determine that such removal, relocation, change or alteration
is reasonably necessary under the following circumstances:
(a)
The construction, repair, maintenance or installation of any
Township or other public improvement in the right-of-way;
(b)
The operations of the Township or other governmental entity
in the right-of-way;
(c)
Vacation of a street or road or the release of a utility easement;
or
(d)
An emergency as determined by the Township.
(7)
Reimbursement for ROW use. In addition to permit fees as described
in this section, every tower-based WCF in the ROW is subject to the
Township's right to fix annually a fair and reasonable compensation
to be paid for use and occupancy of the ROW. Such compensation for
ROW use shall be directly related to the Township's actual ROW management
costs including, but not limited to, the costs of the administration
and performance of all reviewing, inspecting, permitting, supervising
and other ROW management activities by the Township. The owner of
each tower-based WCF shall pay an annual fee to the Township to compensate
the Township for the Township's costs incurred in connection with
the activities described above.
H.
Police powers. The Township, by granting any permit or taking any
other action pursuant to this chapter, does not waive, reduce, lessen
or impair the lawful police powers vested in the Township under applicable
federal, state and local laws and regulations.
[Added 11-8-2005 by Ord. No. 9-2005]
A.
Statement of purpose.
(1)
Because adult entertainment uses tend to bring
with them secondary concerns that impact on the health, safety and
general welfare concerns of East Bradford Township, the Township desires
to restrict or limit the location where such uses can locate.
(2)
The Township does not intend to effect or suppress
any activities protected by the First Amendment of the United States
Constitution, but instead address these secondary effects. Neither
is it the intent nor effect of these section provisions to condone
or legitimize the distribution of obscene material. Neither is it
the intent to permit any use which is prohibited by the provisions
of any other Township ordinance.
(3)
Based on evidence concerning the adverse secondary
effects of adult uses on the community, presented in hearings and
in reports made available to the Board of Supervisors, and on findings
incorporated in legal cases, the Board of Supervisors finds that the
following concerns are associated with the establishment of these
uses in East Bradford Township:
(a)
Sexually oriented businesses lend themselves
to ancillary unlawful and unhealthy activities that may go uncontrolled
by the operators of the establishments. Further, there is presently
no mechanism to make the owners of these establishments responsible
for the activities that occur on their premises.
(b)
Certain employees of sexually oriented businesses
defined in this section as "adult theaters" and "cabarets" engage
in higher incident of certain types of sexually oriented behavior
at these businesses than employees of other establishments.
(c)
Sexual acts, including masturbation, oral and
anal sex, occur at sexually oriented businesses, especially those
which provide private or semiprivate booths or cubicles for viewing
films, videos or live sex shows, as defined under this section as
"adult bookstores," "adult novelty shops," "adult video stores," "adult
motion-picture theaters," or "adult arcades."
(d)
Offering and providing such space encourages
such activities, which create unhealthy conditions.
(e)
Persons frequent certain adult theaters, adult
arcades and other sexually oriented businesses for the purpose of
engaging in sex within the premises of such sexually oriented businesses.
(f)
Communicable diseases may be spread by activities
occurring in sexually oriented businesses, including, but not limited
to, syphilis, gonorrhea, HIIV/AIDS, genital herpes, hepatitis B, Non
B amebiasis, salmonella infections and shigella infections.
(g)
Since 1981 and to the present, there has been
an increasing cumulative number of confirmed cases of HIV/AIDS in
the United States, 886,575 through 2002.
(h)
Through 2003, there have been 29,879 reported
cases of HIV/AIDS in the State of Pennsylvania.
(i)
Since 1981 and to the present, there has been
an increasing cumulative number of HIV/AIDS cases in Chester County,
Pennsylvania.
(j)
The number of cases of gonorrhea and other sexually
transmitted diseases in the United States reported annually remains
at a high level, with over 1.1 million cases of gonorrhea and chlamydia
being reported in 2003.
(k)
The Surgeon General of the United States in
his report of October 22, 1986, has advised the American public that
AIDS and HIV infection may be transmitted through sexual contact,
intravenous drug abuse, exposure to infected blood and blood components
and from an infected mother to her newborn.
(l)
According to the best scientific evidence, AIDS
and HIV infection, as well as syphilis, gonorrhea and chlamydia, are
principally transmitted by sexual acts.
(m)
Sanitary conditions in some sexually oriented
businesses are unhealthy, in part, because the activities conducted
there are unhealthy, and, in part, because of the unregulated nature
of the activities and the failure of the owners and the operators
of the facilities to self-regulate those activities and maintain those
facilities.
(n)
Numerous studies and reports have determined
that semen is found in the areas of sexually oriented businesses where
persons view "adult" oriented films and acts.
B.
Design requirements. The purpose of these design requirements
is to minimize, where conditions permit, the secondary concerns, which
include difficulties for law enforcement, municipal maintenance, trash,
deleterious effects on business and residential property values, increased
crime, particularly corruption of the morals of minors, and prostitution,
and encourage residents and businesses to move elsewhere.
(1)
Yard and area regulations. In addition to the yard and area regulations applicable to all uses permitted pursuant to the provisions of Article XIII, no adult entertainment use shall be located:
(a)
Within 200 feet of:
[1]
A church, synagogue, mosque, temple
or building which is used primarily for religious worship and related
religious activities.
[2]
A public or private educational
facility including but not limited to child day-care facilities, nursery
schools, preschools, kindergartens, elementary schools, private schools,
intermediate schools, junior high schools, middle schools, high schools,
vocational schools, secondary schools, continuation schools, special
education schools, junior colleges and universities; school includes
the school grounds, but does not include the facilities used primarily
for another purpose and only incidentally as a school.
[3]
A licensed premises licensed pursuant
to the alcoholic beverage control regulations of the Commonwealth
of Pennsylvania.
[4]
Any other adult entertainment use.
[5]
A boundary of a residential district
as defined in the East Bradford Township Zoning Code.
(b)
Or within 100 feet of:
[1]
A public park or recreational area
which has been designated for park or recreational activities, including
but not limited to a park, playground, nature trails, swimming pool,
reservoir, athletic field, basketball or tennis courts, pedestrian/bicycle
paths, wilderness areas or other similar public land within the Township
which is under the control, operation or management of the Township
park and recreation authorities or other similar land within the Township
which is under the control, operation or management of private parties
and open and available for use by the general public.
[2]
An entertainment business which
is oriented primarily towards children and family entertainment.
(c)
Or within 400 feet of:
[1]
The right-of-way line of Boot Road. For the purpose of Subsection B(1), Yard and area regulations, of this section, measurement shall be made in a straight line, without regard to the intervening structures or objects, from the nearest portion of the building or structure used as the part of the premises where a sexually oriented business is conducted to the nearest property line of the premises of a use listed in Subsection B(1), Yard and area regulations. Presence of a municipal, county or other political subdivision boundary shall be irrelevant for purposes of calculating and applying the distance requirements of this § 115-51.2B(1).
(2)
Screening and buffering. In addition to any Subdivision and Land Development Ordinance regulations, any lot which is to be used for any adult entertainment use shall contain screening and buffering along property lines adjoining other zoning districts in accordance with the provisions of § 115-45.1, Planting requirements.
(3)
Data. Sufficient additional data shall be submitted
to enable the Planning Commission and the Board of Supervisors to
determine that the requirements of this and other ordinances of the
Township relevant to the proposed use have been fulfilled and that
the owners and operators of proposed adult entertainment facilities
demonstrate a desire and ability to comply with the ordinances of
the Township and to prevent their establishments from being used for
any illegal activities.
(4)
Adult entertainment uses must maintain any license
or permit required by federal, state or local law and must operate
in conformance with all requirements of the Pennsylvania Crimes Code.
No alcoholic beverages can be served at any adult entertainment use.
[Added 6-14-2016 by Ord.
No. 3-2016]
A.
Applicability. These provisions do not apply to the cutting of trees
for the personal use of the landowner.
B.
Notification; preparation of a logging plan.
(1)
Notification of commencement or completion. For all timber harvesting
operations that exceed 1/4 acre, the landowner shall notify the Township
Codes Enforcement Officer at least three business days before the
operation commences and within three business day before the operation
is complete. No timber harvesting shall occur until the notice has
been provided. Notification shall be in writing and shall specify
the land and woodlands classification on which the harvesting will
occur, the size of the harvest area and the starting and completion
date of the operation.
(2)
Limitations. The following woodlands classifications shall determine
the maximum percentages of removal permitted and the percentages of
higher value timber that must remain. The Woodlands Classification
Map is hereby adopted as part of this section.[2]
(a)
Class I Woodland. At least 60% of the forest canopy shall remain
in good condition after the completion of any timber harvesting operation.
Remaining canopy trees shall be well distributed throughout the area
subject to the timber harvesting operation. At least 60% of such remaining
canopy trees shall be composed of higher-value species, as determined
by the Township Arborist.
(b)
Class II Woodland. At least 50% of the forest canopy shall remain
in good condition after the completion of any timber harvesting operation.
Remaining canopy trees shall be well distributed throughout the area
subject to the timber harvesting operation. At least 50% of such remaining
canopy trees shall be composed of higher-value species, as determined
by the Township Arborist.
(c)
Class III Woodland. At least 40% of the forest canopy shall
remain in good condition after the completion of any timber harvesting
operation. Remaining canopy trees shall be well distributed throughout
the area subject to the timber harvesting operation. At least 40%
of such remaining canopy trees shall be composed of higher-value species,
as determined by the Township Arborist.
(d)
Timber harvesting is not a permitted use in Area 1 or Area 2
of the Riparian Buffer Area (RBA).
[2]
Editor's Note: Said map is on file in the Township offices.
(3)
Logging plan. Every landowner on whose land timber harvesting
is to occur shall prepare a logging plan in the form specified by
this section. No timber harvesting shall occur until the plan has
been prepared and approved by the Board of Supervisors. The provisions
of the plan shall be followed throughout the operation. The plan shall
be available at the harvest site at all times during the operation
and shall be provided to the Township Codes Enforcement Officer upon
request.
(4)
Responsibility for compliance. The landowner and the operator
shall be jointly and severally responsible for complying with the
terms of the logging plan.
C.
Contents of logging plan.
(1)
Minimum requirements. As a minimum, the logging plan shall include
the following:
(a)
Design, construction, maintenance and retirement of the access
system, including haul roads, skid roads, skid trails and landings;
(b)
Design, construction and maintenance of water control measures
and structures, such as culverts, broad-based dips, filter strips,
and water bars;
(c)
Design, construction and maintenance of stream and wetland crossings;
and
(d)
The location of the proposed operation in relation to Township
and state highways, including any accesses to those highways.
(2)
Map. Each logging plan shall include a site map containing the
following information:
(a)
Site location and boundaries, including both the boundaries
of the property on which the timber harvest will take place and the
boundaries of the proposed harvest area within that property;
(b)
Topographic features as set forth in Article XI, Natural Features Protection Standards, of this chapter;
(c)
Locations of all land disturbance activities, such as roads,
landings and water control measures and structures;
(d)
Locations of all crossings of waters of the Commonwealth; and
(e)
The location of the proposed operation in relation to Township
and state highways, including any accesses to those highways.
(3)
Compliance with state and local law. The logging plan shall
address and comply with the requirements of all applicable state and
local laws and regulations, including, but not limited to, the following:
(a)
Erosion and sedimentation control regulations contained in Chapter
102 of Title 25 of the Pennsylvania Code, promulgated pursuant to
the Clean Streams Law (35 P.S. § 691.1 et seq.);
D.
Enforcement.
(1)
Township Codes Enforcement Officer. The Township Codes Enforcement
Officer shall be the enforcement officer for this section.
(2)
Inspections. The Township Codes Enforcement Officer may go upon
the site of any timber harvesting operation before, during or after
active logging to 1) review the logging plan or any other required
documents for compliance with this section and 2) inspect the operation
for compliance with the logging plan and other on-site requirements
of these regulations.
(3)
Violation notices; suspensions. Upon finding that a timber harvesting
operation is in violation of any provision of this section, the Township
Codes Enforcement Officer shall issue the operator and the landowner
a written notice of violation describing each violation and specifying
a date by which corrective action must be taken. The Township Codes
Enforcement Officer may order the immediate suspension of any operation
upon finding that 1) corrective action has not been taken by the date
specified in a notice of violation; 2) the operation is proceeding
without an approved logging plan; or 3) the operation is causing an
immediate environmental risk. Suspension orders shall be in writing,
shall be issued to the operator and the landowner, and shall remain
in effect until, as determined by the Township Codes Enforcement Officer,
the operation is brought into compliance with this section or other
applicable statutes or regulations. The landowner or the operator
may appeal an order or decision of the Codes Enforcement Officer within
30 days of issuance to the Board of Supervisors of the Township.
(4)
Penalties. Any landowner or operator who 1) violates any provision of this section; or 2) refuses to allow the Township Codes Enforcement Officer access to a harvest site pursuant to Subsection D(2) of this section or who fails to comply with a notice of violation or suspension order issued under Subsection D(3) of this section is guilty of a summary offense and upon conviction shall be subject to a fine of $500, plus costs for each separate offense. Each day of continued violation of any provision of this section shall constitute a separate offense.
E.
Forestry, including, but not limited to timber harvesting, is a permitted
use in all zoning districts.
[Added 3-10-2015 by Ord.
No. 4-2015]
A.
Purpose. The purpose of this section shall be to:
(1)
Accommodate the need for surface land uses affiliated with transmission
pipelines consistent with the desire to protect the health, safety
and welfare of the citizens of the Township.
(2)
Minimize aesthetic, nuisance and visual impacts of surface land
uses affiliated with transmission pipelines through proper design,
siting and vegetative screening.
(3)
Ensure the location of surface land uses affiliated with transmission
pipelines in compliance with applicable government and industry standards,
including standards administered by the Federal Energy Regulatory
Commission (FERC), the Pennsylvania Oil and Gas Act (as amended),[1] and Pennsylvania case law.
[1]
Editor's Note: See 58 P.S. § 601.101 et seq.
(4)
Preserve the rural character of neighborhoods adjacent to surface
land uses affiliated with transmission pipelines.
B.
Use provisions.
(1)
Surface land uses affiliated with transmission pipelines shall be permitted as a principal use by right in Article X, I Industrial District, where underground pipelines exist or are proposed. Such uses shall meet the dimensional requirements, including but not limited to area and bulk standards, of Article X, I Industrial District. Applicants are required to demonstrate to the satisfaction of the Township that the requirements of Subsection C, Standards for surface land uses affiliated with transmission pipelines, can be met.
(2)
Except as otherwise designated in Subsection B(3) below, surface land uses affiliated with transmission pipelines shall be permitted as a principal use in all other zoning districts where underground pipelines exist as of the date of adoption of this section on properties owned by East Bradford Township when authorized as a conditional use pursuant to Subsection C, Standards for surface land uses affiliated with transmission pipelines, and Article XV, § 115-77, Conditional uses. In addition, such uses shall meet the dimensional requirements, including but not limited to area and bulk standards, of the underlying district.
(3)
Surface land uses affiliated with transmission pipelines shall
be prohibited on a lot containing an historic resource.
[Amended 5-12-2015 by Ord. No. 7-2015]
(4)
All other uses ancillary to surface land uses affiliated with
transmission pipelines are prohibited unless otherwise permitted in
the zoning district in which the use is located.
C.
Standards for surface land uses affiliated with transmission pipelines.
The following standards will be considered by the Township prior to
permitting surface land uses affiliated with transmission pipelines:
(1)
Setbacks.
(a)
Unless otherwise approved by the Board of Supervisors upon recommendation
of the Township Planning Commission, the applicant shall demonstrate
that the setbacks for surface land uses affiliated with transmission
pipelines and all supporting equipment and structures to any property
line or right-of-way shall be consistent with the minimum setback
in the underlying zoning district. In addition, surface land uses
affiliated with transmission pipelines and all supporting equipment
and structures shall be set back a minimum of 750 feet from residential
buildings and all commercial, industrial and institutional uses or
a minimum of 500 feet from the nearest lot line, whichever is greater.
While these setbacks originated in amendments to the Pennsylvania
Oil and Gas Act (Act 13 of 2012),[2] the Township intends to monitor emerging science on setback
safety and revise these standards periodically. Where yard area or
other setbacks of the underlying zoning district contradict these
standards, the larger of the setbacks shall apply.
[2]
Editor's Note: See 58 P.S. § 601.101 et seq.
(b)
Setbacks may be modified by the Township pursuant to the type
of material being managed at the surface land use affiliated with
transmission pipelines, whether the use is adjacent to areas of high
on-site population, and the current status of science regarding safety
protocols in proximity to pipelines or surface land uses affiliated
with transmission pipelines. The Township shall, on a case-by-case
basis determine if increased setbacks are warranted consistent with
the "potential impact radius" (PIR), defined by the relationship between
the diameter of the adjacent pipeline (and appurtenances) and its
maximum operating pressure (See 115 Attachment 6.[3]), whether high on-site populations are located in close
proximity (often referred to as "high-consequence areas"), and whether
more than one transmission pipeline (such as coupled lines) will be
managed at the surface land use affiliated thereto. The PIR approach
is applicable only to surface land uses affiliated with "gas" or "petroleum
gas" transmission pipelines as defined by 49 CFR 192.3. Surface land
uses affiliated with transmission pipelines carrying "hazardous liquid,"
as defined by 49 CFR 195.2, shall adhere to the setback standards
contained in this subsection.
[3]
Editor's Note: Attachment 6 is included as an attachment to
this chapter.
(2)
Landscaping. The applicant shall provide a plan prepared by a landscape architect licensed in Pennsylvania showing landscaping proposed to be installed to screen and buffer surface land uses affiliated with transmission pipelines. The landscape plan shall incorporate the use of a decorative fence surrounded by a mix of native vegetation, including evergreens, shrubbery and trees, which shall not be less than the height of the fence and shall be of sufficient density to screen the facility. Existing vegetation in proximity to surface land uses affiliated with transmission pipelines shall be preserved to the greatest extent possible. All proposed landscaping shall comply with the requirements of § 95-25.1 of Chapter 95, Subdivision and Land Development. Applicants shall submit a visual survey from mutually agreed upon vantage points in order to support the proposed landscaping plan's mitigation of visual impacts.
(3)
Noise. Sound produced by the surface land use affiliated with
transmission pipelines shall not result in noise or vibration clearly
exceeding the average intensity of noise or vibration occurring from
other causes at the property line; in no case shall the sound pressure
level exceed 60 dB(A) [according to the American National Standards
Institute (ANSI) "a" weighted scale] at the property line closest
to the land use.
(4)
Odors. Odor, vapors or particulate matter produced by the surface land use affiliated with transmission pipelines shall not exceed the average emission of such substances occurring from other causes at the property line. Specific contaminants shall be regulated by Pa. Code Title 25, Environmental Protection, Part 1, Subpart C, Article III, Air Resources.
(5)
Signage. All signs, other than utility identification signs,
appropriate warning signs, or owner identification signs, shall be
prohibited. There shall be no antennas, advertising, or other items
or material affixed to or otherwise placed on surface land uses affiliated
with transmission pipelines, except as permitted by the Township.
(6)
Parking. If the surface land use affiliated with transmission
pipelines is fully automated, adequate parking shall be required for
maintenance workers. If the site is not automated, the number of parking
spaces shall be equal to the number of people on the largest shift.
Parking spaces shall be located within the decorative fence and landscape
buffer area so they are substantially concealed when viewed from surrounding
properties.
(7)
Lighting. No surface land use affiliated with pipeline utilities
shall be artificially lighted except as required for emergency night
time access. Any such lights shall be shielded so as to prevent intrusion
upon nearby properties.
(8)
Engineered drawing submission. Applications for a land use affiliated
with pipeline utilities shall be accompanied by engineering drawings
prepared by an engineer licensed in Pennsylvania. The applicant shall
show that all applicable Commonwealth of Pennsylvania and United States
standards for the construction, operation, and maintenance of the
proposed facility have been met.
(9)
Design. The applicant proposing a surface land use affiliated
with transmission pipelines must demonstrate that the structure has
been designed to blend in with or mimic existing structures in the
landscape such as residential outbuildings, farm structures, or other
uses permitted in the underlying districts.
(10)
Visual impact. Any surface land use affiliated with transmission
pipelines shall be designed and constructed so as to mitigate the
visual impact from public roads and nearby uses. In addition, the
color and other visual features of the land use affiliated with pipeline
utilities shall be designed and installed in such a manner so as to
create the least visual impact practicable. The applicant shall demonstrate
compliance with this section, by among other things, providing photographic
perspectives of the proposed site from all sides of the property,
adjacent road ways and neighboring properties (with permission of
the owners).
(11)
Need. The applicant for a surface land use affiliated with transmission
pipelines is required to demonstrate, using scientific and technological
evidence, that the facility must be located where it is proposed in
order to satisfy its function in the company's pipeline system and
demonstrate that there is a need for this facility at the location
where it will be located.
(12)
State and federal regulation. All applicants, whether commercial
pipeline companies or otherwise, must demonstrate the submission of
sufficient filings and/or receive sufficient approvals, as required,
through the Federal Energy Regulatory Commission (FERC), the Pipeline
and Hazardous Materials Safety Administration (PHMSA), and the Commonwealth
of Pennsylvania [the Pennsylvania Department of Environmental Protection
(PADEP) and/or the Pennsylvania Public Utilities Commission (PA PUC)].
Such documentation is not required as part of the initial application
to the Township, but must be included with the final as-built plans
submitted upon approval by the Township.
(13)
Removal of surface land uses affiliated with transmission pipelines.
Any surface land uses affiliated with transmission pipelines that
are no longer licensed and active shall be removed and the site restored
to its original condition at the owner's expense within 60 days of
the last date that the facility was licensed by the PADEP and FERC.
A bond or escrow account shall be posted with the Township in an amount
sufficient to ensure such removal and site restoration prior to the
construction of the facility. The applicant shall have prepared and
submit to the Township to accompany the bond or escrow account, an
estimate of the cost necessary to remove the surface land use facility
associated with the pipeline and restore the site to its preconstruction
condition.
