Township of Pennsbury, PA Supplemental Uses

§ 162-2001 Applicability.

This article establishes supplemental controls for uses requiring special design considerations to ensure compatibility with other uses permitted within a zoning district. The following regulations shall apply to all zoning districts in which the particular use being regulated is permitted. The provisions of this article shall be in addition to the standards established by the applicable zoning district, conditional use, or special exception procedures where applicable, and any applicable section of this chapter or other chapters, codes or ordinances.

Uses specifically regulated in this article include the following:

§ 162-2002	Accessory uses, buildings, and structures
§ 162-2003	Adaptive reuse of a historic structure
§ 162-2004	(Reserved)
§ 162-2005	Adult-oriented establishments and uses
§ 162-2006	Agricultural/farming uses
§ 162-2007	Antique store in a historic resource
§ 162-2008	Automobile sales and service
§ 162-2009	Bank or other financial institution
§ 162-2010	Bed-and-breakfast lodging in a historic resource
§ 162-2011	Cemetery
§ 162-2012	Child/adult day-care center
§ 162-2013	Club or lodge
§ 162-2014	Communication towers and antennas
§ 162-2015	Convenience store
§ 162-2016	Reserved
§ 162-2017	Drive-through service
§ 162-2018	Eating and drinking establishment (without drive-through service)
§ 162-2019	Educational use or place of worship use/activity
§ 162-2020	Gasoline or service station
§ 162-2021	Event space [Added 11-20-2019 by Ord. No. 2019-11-20-1]
§ 162-2022	Group home
§ 162-2023	Helipad, private
§ 162-2024	Home occupations
§ 162-2025	Hospital
§ 162-2026	Hotel, motel, or inn
§ 162-2027	Industrial or office park
§ 162-2028	Junkyard or salvage yard
§ 162-2029	Mechanical repair or fabrication shop
§ 162-2030	Mixed use
§ 162-2031	Mobile home park
§ 162-2032	Multifamily dwellings
§ 162-2033	Nursing home/long-term living facility, assisted-living facility/personal care home, or retirement community
§ 162-2034	Recreational use
§ 162-2035	Recycling collection center/recycling processing facility
§ 162-2036	Residential conversion of a historic resource
§ 162-2037	Self-storage/mini-warehouse
§ 162-2038	Shopping center and retail uses of 3,000 square feet or greater floor area
§ 162-2039	Single professional office in a historic resource
§ 162-2040	Temporary structure or use
§ 162-2041	Timber harvesting operation/forestry
§ 162-2042	Transfer station, trash
§ 162-2043	Transitional housing
§ 162-2044	Veterinary clinic and/or kennel
§ 162-2045	Solar energy systems

§ 162-2002 Accessory uses, buildings, and structures.

General.

[Amended 3-19-2014 by Ord. No. 2014-3-19-1; 4-20-2016 by Ord. No. 2016-04-20-1]

(1)

The uses, buildings and structures listed in this section are accessory and shall be incidental and subordinate to the principal use on the tract or lot.

(2)

Accessory uses, buildings and structures in § 162-2002C and D shall be:

(a)

Located on the same tract or lot as the principal use;

(b)

Located in the side or rear yard of the lot; and

(c)

Located no further forward on the tract or lot than the front building line of the principal building.

(d)

On lots having a lot area of more than one acre, the maximum ground floor area for the sum of all accessory buildings shall be 600 square feet.

(e)

On lots having a lot area of one acre or less, the maximum ground floor area for the sum of all accessory buildings shall be 500 square feet.

(3)

Accessory uses, buildings and structures shall have a minimum setback of 10 feet from the side and rear lot lines on lots having a lot area of one acre or less; and 25 feet from the side and rear lot lines on lots having a lot area of more than one acre, except:

(a)

Agricultural/farming accessory uses, buildings, and structures, as per § 162-2002B, below.

(b)

Active residential accessory uses, such as tennis courts and swimming pools shall meet the minimum yard area standards for the principal use in the applicable underlying district in which the use is located; but in no case shall an active residential use or structure, including indoor or outdoor tennis courts and swimming pools, be located less than 50 feet from any lot line.

(c)

Active recreational accessory uses shall not be located within 10 feet of any existing or proposed on-site sewage absorption area. Active recreational accessory uses shall be screened from view from adjacent residential lots and specifically lighting facilities for the accessory use shall be hooded and screened to prevent glare and light impingement on neighboring properties and facilities designed so that they shall not interfere with the use or enjoyment of any neighboring residential property and shall follow applicable requirements in Article XIX.

(d)

Commercial, Institutional, and Industrial accessory uses, buildings, and structures, as per § 162-2002D, below.

(e)

No portion of a detached accessory building, regardless of size, shall be located closer than 10 feet to the principal building. If located closer than 10 feet, the accessory building shall be considered an addition to the principal building and shall meet all applicable setbacks for the principal building.

(4)

Accessory uses, buildings, or structures shall have a maximum height of 15 feet, except as otherwise stated in this chapter.

(5)

For properties with individual on lot sewage systems, no accessory uses, buildings and structures shall be constructed within the primary or the separate replacement sewage system area or within the same setbacks (with respect to buildings, wells, etc.) as specified for primary septic systems. The property owner or lessee shall demonstrate to the satisfaction of the Township that accessory uses, buildings and structures comply with this requirement. At the sole discretion of the Township, the owner or lessee may be required to provide quantitative proof in the form of soil testing or other data for the primary and/or the secondary septic site that the requirements of this chapter have been met. Failure to comply with this requirement could result in the owner or lessee being required to remove the accessory uses, buildings and structures at their own expense.

Agricultural/farming accessory uses, buildings, and structures. The following uses, buildings and structures shall be permitted when incidental and subordinate to a principal agricultural/farming use and when located on the same lot or tract as that principal use. A principal agricultural/farming use shall mean that the use shall be an agricultural operation as defined in Article II.

[Amended 4-20-2016 by Ord. No. 2016-04-20-1]

(1)

Minimum yard setbacks shall be as specified in § 162-2006.

(2)

Storage of farm products and farm machinery.

(3)

Barns and stables sheltering livestock, poultry, and farm products.

(4)

Silos for storage of grain or other farm products which shall be set back a distance equal to their height.

(5)

Preparation of agricultural products produced on the premises.

(6)

Garages and outbuildings.

(7)

Signs identifying the name of the farm in accordance with Article XXI.

(8)

Residential accessory uses in accordance with § 162-2002C, below.

(9)

Display and sale of agricultural products. The display and sale of agricultural products shall be permitted, provided that:

(a)

At least 50% of such products shall have been produced on the property on which they are offered for sale. Such use shall be solely undertaken by the owner or operator of the principal agricultural use.

(b)

Parking spaces for at least three cars shall be provided behind the roadway right-of-way line.

(c)

Sale of agricultural products shall be conducted from a temporary stand dismantled at the end of the growing season or a permanent structure, provided that such structure shall be at least 25 feet from any street line, and shall be at least 50 feet from a side or rear yard lot line abutting a residential use or district or a distance equal to their height, whichever is greater. There may only be one such structure per primary agricultural use.

(d)

Signs associated with the sale of farm products shall conform to the sign regulations in Article XXI.

(10)

Secondary farm business. This accessory use allows for a secondary source of income for a farmer and shall be allowed as a use solely undertaken by the owner or operator of the agricultural use, so as to promote the continuation of existing agricultural uses. This use shall be in accordance with the following:

(a)

A maximum of one secondary farm businesses shall be allowed per agricultural use.

(b)

A maximum of two employees shall be permitted in conjunction with the secondary farm business in addition to family members or farm laborers employed in the primary farm business.

(c)

Secondary farm family businesses may include, but are not limited to the following:

[1]

Veterinary offices which primarily serve farm animals, stables, and supplies.

[2]

Creation and sale of crafts.

[3]

Creation of household articles, such as chairs, cabinets, clocks, and similar carpentry type articles for use in the home.

[4]

Processing of locally produced agricultural products.

[5]

Custom farm work.

[6]

Grain mills or portable grinding mills.

[7]

Blacksmith shop.

[8]

Tree farming and sales.

[9]

By special exception, other similar uses to those above listed uses.

(11)

Agricultural warehousing in conformance with § 162-2006D.

Residential accessory uses, buildings, and structures. The following uses, buildings and structures shall be permitted when incidental and subordinate to a principal residential use and when located on the same lot or tract as that principal use and when in compliance with other applicable criteria of this chapter:

[Amended 3-19-2014 by Ord. No. 2014-3-19-1; 4-20-2016 by Ord. No. 2016-04-20-1]

(1)

Garage, driveway, or parking area for the parking of passenger automobiles including noncommercial trucks and vans.

(2)

Temporary or nightly outdoor parking or storage of commercial vehicles. shall be limited to one vehicle per lot. Such vehicle shall be owned or operated by the resident of the lot and such vehicle shall not include signage or advertising, except for a logo or business name of no greater than a maximum of two square feet per vehicle. Commercial vehicles which display signage or advertising other than the permitted as listed above shall not be parked on the residential lot for more than a twenty-four-hour period during which period it shall be screened by view from the public right-of-way and adjacent residential lots by way of a 100% fencing or vegetative screening as per § 162-1908. All parking of vehicles, trailers or other conveyances with a gross vehicle weight rating of over 20,000 pounds is prohibited in all residential zoning districts and on property used for residential purposes.

(3)

Motor home or recreational vehicle as per §§ 162-1908 and 162-1909.

(4)

Residential structures for such accessory uses as shelter for household pets, storage sheds, bathhouses, gazebos, decks, patios, tennis courts, flagpoles, stables, clothes lines, and private noncommercial greenhouses. [Stables shall comply with the setback requirements as per § 162-1916B(2).]

(5)

Windmills for residential energy use purposes by conditional use, provided they receive a building permit, are installed to industry standards, and such proof of appropriate and safe installation is supplied to the Township upon request.

(6)

Uses designed to serve the residents of a residential development, including areas for washing machines and dryers, lockers or storage areas, recreational facilities and lounges.

(7)

Fences or walls in accordance with § 162-1915.

(8)

Signs associated with the occupants of the dwelling in accordance with Article XXI.

(9)

Home occupation (home based business and no-impact home-based business) in accordance with § 162-2024.

(10)

(Reserved)

(11)

Noncommercial swimming pool subject to the following provisions:

(a)

Installation and fencing of swimming pools. Swimming pools shall be installed and shall be enclosed by fencing in accordance with the Township Building Code[1] and with the applicable provisions in § 162-1915.

[1]

Editor's Note: See Ch. 78, Building Construction.

(b)

Setbacks. All setbacks shall be measured from the closest point of a water surface.

(c)

Size and area limitations.

[1]

Water surface area of in-ground pools, including spas and hot tubs, shall not exceed 900 square feet.

[2]

Water surface area of aboveground pools, including spas and hot tubs, shall not exceed 300 square feet.

[3]

A swimming pool and related apparatuses shall not be located within 10 feet of any existing or proposed on-site sewage absorption area.

(d)

Filling of pools.

[1]

A public water supply system shall be utilized for the initial filling of a pool at the commencement of each swimming pool season, provided that such a system is available at the property line.

[2]

If a public water supply system is not available for the initial filling, water shall be supplied from a source off-premises. Private on-site wells shall not be utilized.

(e)

Discharge of pool wastewater.

[1]

Pool wastewater shall be discharged into a public sewage system, if available.

[2]

If a public sewage system is not available, pool wastewater shall be disposed of in accordance with guidelines issued from time to time by the Pennsylvania Department of Environmental Protection. In no event shall pool wastewater be discharged directly into an existing watercourse or floodplain.

(f)

Additional regulations.

[1]

Buildings and structures accessory to a swimming pool, such as shower rooms, changing rooms, or pump houses, etc., shall conform to all applicable setback regulations and shall require a building permit to be issued by the Township Building Inspector.

[2]

Lighting facilities shall be hooded and screened to prevent glare and light impingement on neighboring properties and interference with the use and enjoyment of any neighboring property, and shall follow applicable requirements of Article XIX.

[3]

Operation of the swimming pool shall be in conformance with any regulations and guidelines issued from time to time by the Chester County Health Department.

(12)

Garage or yard sales subject to the following provisions:

(a)

Such use shall be limited to occurrences of not more than four times within one calendar year. There shall be at least a thirty-day period between such occurrences and each occurrence shall last no more than four consecutive days.

(b)

No more than one vehicle for sale or show shall be displayed on a residential lot.

(c)

Signs for garage or yard sales shall be in compliance with Article XXI.

(13)

Residential outdoor storage in compliance with § 162-1909.

(14)

Residential radio antenna, television antenna or microwave dish antenna in accordance with the following standards:

(a)

Where applicable, structures shall comply with Federal Communications Commission (FCC) regulations and the Township Building Code.[2]

[2]

Editor's Note: See Ch. 78, Building Construction.

(b)

Freestanding antenna of any type shall be located in the side or rear yard, and shall meet all minimum setback requirements of the zoning district in which it is located; however, no portion of the base of a freestanding antenna shall be located any closer to a lot line than the height of the antenna.

(c)

The highest point of a radio or television antenna shall not exceed the peak of the roof of the principal building by more than 15 feet or, if a freestanding antenna, the maximum height of the antenna shall be 50 feet.

(d)

When roof- or wall-mounted, microwave dish antenna shall not project above the peak of the roof line unless a special exception is granted. If freestanding, the total height of the dish antenna shall not exceed 10 feet. Microwave dish antenna shall not exceed three feet in diameter. Such use shall be screened with staggered plantings or fencing to the extent that such screening does not substantially interfere with reception.

(e)

No more than two antennas of any kind shall be permitted per dwelling unit, nor shall more than one freestanding radio or television antenna be permitted per dwelling unit.

(15)

Accessory apartments and accessory existing detached dwellings. The purpose of this section is to allow the alteration of existing buildings for the purpose of meeting housing needs of immediate family members, domestic employees, and/or caregivers and their dependent children who are employed on premises. In particular, the purpose is to balance the needs and desires of extended families to provide an independent residence while protecting the existing character of the surrounding properties and to avoid subdivision to accomplish such purpose, thereby promoting the preservation of Township historic character, open space, and the concept of limited development.

(a)

Accessory apartments. Accessory apartments shall be permitted in R-1, R-2, R-3, and VR Zoning Districts by special exception approval by the Zoning Hearing Board in accordance with Article XXIV and shall be also subject to the following standards:

[1]

The principal structure shall be located on a lot which satisfies the minimum lot area and bulk regulations of the district in which it is located. There shall be only one accessory apartment per principal use, and accessory apartments shall only be permitted in single-family detached dwellings.

[2]

The property and both the principal dwelling and accessory apartment shall be owned by the same person; one of the two dwelling units must be owner-occupied.

[3]

Use of the accessory apartment shall be limited to two family members or two caregivers or domestic or farm/agricultural use employees and their dependent children.

[4]

Owners of accessory apartments shall be required to obtain a permit annually. Prior to issuance of the permit, the applicant shall demonstrate compliance with the occupancy requirements of this section and other applicable Township codes. An on-site inspection may be required to confirm compliance.

[5]

The accessory apartment shall be limited to no more than two bedrooms and shall meet the following size requirements:

Number of Bedrooms in Units	Minimum Floor Area in Unit (square feet)
Efficiency	300
1 bedroom	400
2 bedrooms	600

[6]

The accessory apartment shall be clearly subordinate to the primary dwelling in terms of size and function and shall not exceed 20% of the habitable floor area contained in the existing primary dwelling prior to conversion.

[7]

Additions to an existing dwelling designed to allow the creation of an accessory apartment in that dwelling shall not be permitted; except that, additions containing up to a maximum of 15%, but not to exceed 400 square feet of the floor area of the existing primary dwelling, may be permitted, if the addition will facilitate the creation of an otherwise allowed accessory apartment in a more logical manner, considering design, layout, or safety factors.

[8]

Except as indicated in Subsection C(15)(a)[7], above, alterations to the exterior of the existing dwelling shall be limited to access, windows, and ventilation. After creation of the accessory apartment, the existing primary dwelling shall maintain the usual appearance of a single-family detached dwelling and shall remain compatible with the character of the surrounding neighborhood.

[9]

There shall be no accessory apartment located in a below-ground basement where the exterior grade is more than halfway up the height of the exterior wall, unless there is at least one exterior facade where the unit is at grade with the ground outside.

[10]

After conversion, the principal dwelling shall have no more than the existing number of entrances along the front of the building prior to the creation of the accessory apartment. All other entrances to either the principal or accessory dwelling units shall be located on the side or rear of the building.

[11]

All applicable Township Building Codes and Chester County Health Department regulations and permit requirements regarding the installation of kitchen and bathroom facilities and septic systems must be followed and indicated on all plans. Approval by all applicable agencies is required prior to issuance of a zoning permit.

[12]

A minimum of one all-weather off-street parking space shall be required in addition to that required for the original principal dwelling. The parking space shall have unrestricted ingress and egress to the street.

(b)

Accessory existing (existing on the date of enactment of this chapter) detached dwellings. Accessory existing detached dwellings shall be permitted in R-1, R-2, R-3, and VR Zoning Districts only upon the approval of a conditional use by the Board of Supervisors in accordance with § 162-2308 and shall also be subject to the following standards:

[1]

An owner applying for approval of an accessory existing detached dwelling must not have previously secured a permit or other approval for multifamily or accessory apartment use of the principal residence on the lot.

[2]

An accessory existing detached dwelling may only be located on a lot having a minimum of 10 contiguous acres (not divided by a public or private road).

[3]

Only one accessory existing detached dwelling shall be permitted on a lot.

[4]

Single ownership shall be maintained of the entire property on which both the principal dwelling and the accessory existing detached dwelling are erected. Neither dwelling unit can be separately sold or transferred without first securing subdivision approval from the Board of Supervisors. Approval of a conditional use under this section shall not create or imply a right of the owner of the subject lot to subdivide the lot.

[5]

Either the principal dwelling or the accessory existing detached dwelling on a lot shall be an owner occupied dwelling. Occupancy of both the principal dwelling and the accessory existing detached dwelling shall be limited to members of the owner's immediate family, caregivers, and domestic or farm employees and their dependent children.

[6]

A restrictive covenant setting forth the requirements of this section and chapter and any conditions in the written decision of the Board of Supervisors granting a conditional use approval for an accessory existing detached dwelling shall be recorded in the Office of the Recorder of Deeds of Chester County before issuance of a certificate of occupancy for the accessory existing detached dwelling.

[7]

An accessory existing detached dwelling shall have separate systems for sewage disposal and water supply unless it can be demonstrated that the existing systems are adequate for servicing the principal residence and the accessory existing detached dwelling. In any event, all standards established by the Chester County Health Department and Pennsylvania Department of Environmental Protection and Act 537 Sewage Planning shall be met.

[8]

A lot on which a nonconforming use is permitted by law to exist (other than a residential or agricultural use), shall not be eligible for issuance of a conditional use approval for an accessory existing detached dwelling.

[9]

All applications for an accessory existing detached dwelling shall include a plan showing the location of both the principal residence and the accessory existing detached dwelling prepared by a Pennsylvania licensed civil engineer and/or architect. The plan shall show all means of access to and from the public street, interior circulation and parking areas, the location of all sewage disposal and water supply facilities, and such other details as the Board of Supervisors may reasonably request. In the event that the location of the accessory existing detached dwelling would preclude future subdivision of the lot so that each dwelling unit is located on a separate lot, the Board of Supervisors may impose as a condition of approval that further subdivision of the lot be restricted.

[10]

In granting conditional use approval, the Board of Supervisors shall not create any new nonconforming conditions nor permit the expansion or enlargement of any existing nonconforming conditions.

[11]

Each dwelling unit must have a separate mailing address in accordance with Township regulations.

[12]

An accessory existing detached dwelling shall not be increased in square footage by more than 25% of its existing floor area at the time of application.

(16)

Accessory solar energy system in conformance with § 162-2045.

Commercial, institutional, and industrial accessory uses, buildings, and structures. The following uses, buildings and structures shall be permitted when incidental and subordinate to a commercial, institutional, or industrial use and when located on the same lot or tract as that principal use and when in compliance with other applicable criteria of this chapter:

(1)

Accessory buildings and structures on commercial, institutional, and industrial lots shall have the same setback from lot lines as principal buildings when they abut residential uses, lots or districts, and otherwise shall have a minimum setback of 20 feet.

(2)

By conditional use, windmills for generating energy used for the principal use, provided they are issued a building permit and are installed to industry standards and such proof of appropriate and safe installation is supplied to the Township upon request.

(3)

Uses designed to serve the employees of a commercial industrial or institutional development, including areas for bicycle parking, patios, gazebos, flagpoles, and storage sheds.

(4)

Off-street parking and loading facilities in accordance with § 162-1903.

(5)

Driveways, accessways, and interior circulation in accordance with § 162-1905.

(6)

Outdoor storage of materials in accordance with § 162-1909.

(7)

Signs in accordance with Article XXI.

(8)

Fences or walls in accordance with § 162-1915.

(9)

Private radio antenna, television antenna or microwave dish antenna shall be permitted as a commercial or industrial accessory use when in accordance with the following standards:

(a)

Where applicable, structures shall comply with Federal Communications Commission (FCC) regulations and the Township Building Code.[3]

[3]

Editor's Note: See Ch. 78, Building Construction.

(b)

Antenna meeting the definition of a communication tower shall comply with the standards of § 162-2014 and shall only be located in those districts where specifically permitted by this chapter.

(c)

Freestanding antenna of any type shall be located in the side or rear yard, and shall meet the minimum setback requirements of the zoning district in which it is located; however, no portion of the base of a freestanding antenna shall be located any closer to a lot line than the height of the antenna.

(d)

(e)

Microwave dish antenna shall meet the following additional standards:

[1]

Microwave dish antennas up to three feet in diameter may be installed, subject to those specific regulations set forth for residential accessory uses, above.

[2]

Microwave dish antennas exceeding three feet in diameter shall be permitted, subject to the following:

[a]

The total height of the microwave dish antenna shall not exceed 12 feet if roof mounted and 15 feet if freestanding, unless approved as a special exception by the Zoning Hearing Board.

[b]

Screening shall be provided in accordance with those stipulated for residential microwave dish antenna, § 162-2002C, above, and § 162-1508.

[c]

Before erection or installation of any such microwave dish antenna, a permit application shall be made to the Township and a fee paid, as may be established by Board of Supervisors, and shall be accompanied by plans to scale, showing:

[i]

The dimensions of the lot and location of the buildings thereon.

[ii]

Details of all microwave antenna anchors, supports and foundations, and the exact proposed location thereon on the lot.

[iii]

Design wind load on each anchor and allowable wind load on each anchor.

[iv]

Forces on foundation, including live load and dead load.

[v]

Allowable soil-bearing pressure and actual soil-bearing pressure.

[vi]

Strength and allowable stresses of cables, rods or braces. Actual force and allowable force for each cable, rod or brace.

[vii]

When microwave antennas are attached to an existing structure, provide details of how microwave antenna loads will be distributed to the existing structure.

(10)

Accessory solar energy system in conformance with § 162-2045.

§ 162-2003 Adaptive reuse of a historic resource.

The provisions of Article XVII shall apply.

§ 162-2004 (Reserved)

§ 162-2005 Adult-oriented establishments and uses.

The following provisions shall apply to adult-oriented establishments and uses:

The following location and dimensional standards shall be met:

(1)

Adult-oriented establishments and uses shall be located a minimum of 1,000 feet from another existing adult-oriented establishment and use.

(2)

Adult-oriented establishments and uses shall be located a minimum of 500 feet from any residential zoning district or use, church, school, day-care facility, or public playground or park.

(3)

The minimum lot area for adult-oriented establishment and uses shall be one acre.

(4)

Except as otherwise noted in this section or chapter, area and bulk regulations for this use shall be as specified in the applicable underlying district in which this use is located.

Signs and visible messages based on the allowable sign area within the applicable zoning district shall be permitted, provided:

(1)

Sign messages shall be limited to verbal description of materials or services available on the premises.

(2)

Sign messages may not include any graphic or pictorial depiction of material or services available on the premises.

(3)

Messages which are visible or intended to be visible from outside the property, such as on or within doors or windows, shall not display materials, items, publications, pictures, films or printed material available on the premises.

Adult-oriented establishments and uses shall require application for a conditional use permit, as per § 162-2308, from the Board of Supervisors. Application for such a conditional use permit shall consist of:

(1)

A description of the premises for which the permit is sought.

(2)

A statement of the intended use(s).

(3)

Hours of operation.

(4)

Type, size and location of proposed sign(s).

Nothing in this chapter shall be deemed to allow any uses that are "obscene" as that term has been interpreted from time to time by the courts of the United States or the Commonwealth of Pennsylvania.

There shall be no alcoholic beverages in association with an adult-oriented establishments and uses without proper State licensing and permission from the PA Liquor Control Board.

§ 162-2006 Agricultural uses.

Agricultural uses and uses associated with agriculture shall be subject to the following regulations:

General regulations.

(1)

Gardening, incidental to residential use, shall be permitted in any district without restriction in regard to lot area.

(2)

Any structures used for the shelter or housing of livestock or poultry or any intensive agricultural use shall be located not less than 100 feet from any lot line. Except as provided for dwellings, no other agricultural structure, including agricultural accessory structures, shall be constructed closer than 50 feet to any abutting property or public right-of-way. Nonintensive agricultural uses shall be set back a minimum of 20 feet from a property line. Where setbacks provided in the applicable district differ from 50 feet, the greater dimension shall apply.

(3)

Silos and bulk bins shall be exempt from the maximum building height limit when attached to an existing structure or located such that the distance from the base of the barn, silo, or bulk bin to both the nearest property line and the nearest street right-of-way line is no less than the height of said silo or bulk bin. In no case shall any such structure exceed 100 feet plus accessory structure and safety mechanisms for a maximum of 120 feet.

(4)

The storage or stockpiling of manure or other odor or dust producing substance shall not be permitted within 100 feet of any abutting property other than that of the owner/operator of this use or public right-of-way, closer than 100 feet to any wells, springs, sinkholes, on slopes adjacent to any ponds and streams, or within any swale or drainageway. Manure shall only be stored or stockpiled on an approved impervious surface that will restrict the associated nutrients from being released onto and into adjacent soils and the groundwater aquifer.

(5)

Lots shall be graded so that animal wastes are confined, stockpiled, stored, or disposed of within the lot on which they originate or adjacent lot(s) under the same ownership and use. Waste disposal shall also be in accordance with applicable Township ordinances.

(6)

All grazing and pasture areas where animals are kept shall be fenced.

(7)

The Township shall strongly encourage a Conservation Plan and Nutrient Management Plan be completed for all agricultural/farming uses. The aforesaid plans shall be required for intensive agricultural/farming uses due to their intensive nature and potential impacts on land, natural resources, and adjacent property owners, as specified by the Chester County Conservation District and under the Nutrient Management Act of 1993, as amended.[1]

[1]

Editor's Note: See now the Nutrient Management and Odor Management Act, 3 Pa.C.S.A. § 501 et seq.

(8)

Nonintensive agricultural/farming uses and customary buildings associated with such uses shall be in accordance with the following standards:

(1)

Except as otherwise specified in this section, lot area regulations and area and bulk regulations for nonintensive agricultural/farming uses in applicable underlying zoning districts shall apply.

(2)

The applicable regulations of other applicable Township, county, or state requirements shall apply.

(3)

No slaughtering or processing operations shall be permitted under a nonintensive agricultural/farming use. Said operations shall be considered intensive agricultural/farming uses.

(4)

Commercial piggeries shall be considered intensive agricultural uses and shall not be permitted as part of a nonintensive agricultural use.

Intensive agricultural/farming uses and customary buildings associated with such uses shall be in accordance with the following standards:

(1)

The minimum lot area for intensive agricultural/farming uses shall be 20 acres in all districts where this use is permitted, otherwise except as specified in this section other area and bulk regulations of the underlying district in which this use is located shall apply.

(2)

An intensive agricultural/farming use including agricultural buildings or structures housing mushrooms, poultry, hogs, or other livestock; accessory mushroom composting; feed lots, or other odor or dust producing activities, shall be set back a minimum of 300 feet from any adjacent residential property lines.

(3)

Intensive agricultural/farming uses shall be set back the stricter of a minimum of 100 feet from any floodplain or watercourse or as specified by the Chester County Conservation District, as applicable.

(4)

The applicable regulations of other applicable Township, county, or state requirements shall apply.

Agricultural/farming warehousing. Agricultural warehousing shall comply with the following provisions:

(1)

Agricultural/farming warehousing shall be an accessory use to the principal agricultural/farming use and shall only be permitted on a lot used for the principal agricultural use.

(2)

Agricultural/farming warehousing shall required a minimum lot size of five acres, even if associated with a nonintensive agricultural/farming use that is permitted a smaller lot size in the underlying district.

(3)

Up to a maximum of 50% of the total products and materials stored on-site may include items which are owned and used by off-site interests.

Commercial greenhouse production. The following provisions shall apply to commercial greenhouse production:

(1)

Commercial greenhouse production shall be considered an intensive agricultural/farming use and shall follow applicable regulations for the district in which it is located.

(2)

Maximum lot coverage shall not exceed 60%.

(3)

Screening shall be provided in accordance with § 162-1908.

(4)

Stockpiling of organic material shall be so designed so as to prevent runoff into streams, or onto roadways, or onto adjacent properties. Storage of such materials shall be located no less than 50 feet in distance from any lot line or Flood Hazard District boundary and no less than 100 feet from any stream, wetland, or other body of water and shall not be stored within a drainageway nor located so as to drain onto adjacent land.

§ 162-2007 Antique shop in a historic resource.

Except as otherwise noted in this section or chapter, the lot on which the historic resource is located shall meet the minimum area and bulk requirements for nonresidential uses in the underlying zoning district or one acre, whichever is less restrictive, unless the lot size or other condition is nonconforming at the time of application for a conditional use, in which case, this special use for a historic resource may be considered and such nonconformance may continue. This use shall also follow the requirements of Article XVII.

This special use, if not otherwise permitted in the underlying zoning district, shall be principally contained within a Class I or Class II historic resource.

In order to qualify for a conditional use hereunder and to continue such use, a historic resource, shall be maintained, renovated, expanded, and restored with substantial historical accuracy in accordance with the standards recommended in the Secretary of the Interior's Standards for Rehabilitation and also as determined by the Historical Commission, Planning Commission, and Board of Supervisors. Testimony as to the compliance with the foregoing must be presented on behalf of the applicant by an architect or architectural historian competent to testify in the matters presented.

Site plans, floor plans, and elevations showing both existing and new exterior and interior building alterations for the conditional use shall be included with the application for conditional use. The site plan, floor plan, and elevations, which need not meet the requirements for a subdivision and land development plan, shall demonstrate compliance with the requirements herein set forth. Photographs may be substituted for elevation drawings if no material change is proposed. Any building demolition shall be as regulated under Article XVII.

In granting a conditional use, with the recommendation of the Historical Commission the Board of Supervisors shall be authorized to require the granting of facade easements and to impose conditions regulating or limiting the hours of operation of the business.

The antique business shall be operated as a single entity regardless of whether owned by an individual, joint owners, a corporation, or partnership. No subletting of space for separate dealers shall be permitted.

The historic resource shall not be increased in square footage by more than 25% of its existing floor area at the time of application.

Off-street parking spaces shall be screened from visibility from public streets and adjacent properties by fencing, walls, or natural vegetation in accordance with Article XIX, and as determined by the Historical Commission, Planning Commission, and Board of Supervisors. Parking shall be located so as to not detract from the historic appearance of the historic resource. Parking shall meet the requirements of Article XIX; provided, however, that the Board of Supervisors may, by conditional use approval, reduce the required parking for such use if the Board of Supervisors finds that the parking required is unnecessary and inconsistent with the preservation of the historic resource, appearance, or setting of the historic resource.

Outside display or storage of articles for sale shall be as in § 162-1909.

Trash receptacles shall be screened so as not to be visible from the street or abutting properties except on scheduled pickup days.

§ 162-2008 Automotive sales and service.

Automotive sales and service facilities shall be subject to the following regulations:

The minimum lot size for automobile and truck sales is five acres.

Building and permanent structures must be set back a minimum of 75 feet from all property lines. Parking and display areas for automobiles and trucks and service and loading areas shall be a minimum of 75 feet from the property line of a property zoned or used for residential purposes.

A minimum of 40% of the lot shall be landscaped and open green areas.

Primary access shall be from an arterial or major collector road, as defined in this chapter, and access shall follow the requirements of Article XIX.

This use may contain up to a maximum of 20% building coverage.

This use may contain up to a maximum of 60% impervious lot coverage; however, underground vehicle storage is strongly encouraged.

Except as otherwise noted in this section or chapter, this use shall meet other minimum area and bulk regulations for the applicable underlying district in which this use is located.

Except as otherwise specified in this section or chapter, parking, screening, buffering, lighting, signs, storage and display, fencing and walls, and other general standards shall be in accordance with the applicable sections of Article XIX.

There shall be no commercial sale of gasoline. Gasoline on the premises shall only be for use related to the primary business of automotive, truck, and recreational vehicle sales and service.

§ 162-2009 Bank or other financial institution.

The following provisions shall apply to a bank or other financial institution:

Except as otherwise noted in this section or chapter, banks or other financial institutions shall meet the minimum area and bulk standards of the applicable underlying district in which they are located.

The use shall have direct or shared access with another use to an arterial or major collector street as defined by this chapter, and access shall follow the requirements of Article XIX.

In addition, when proposed in conjunction with drive-through service, such uses shall meet § 162-2017.

§ 162-2010 Bed-and-breakfast lodging in a historic resource.

Bed-and-breakfast lodging uses for historic resources shall be subject to the following regulations:

A bed-and-breakfast shall be permitted only in a historic resource that is a single-family detached dwelling and accessory buildings existing on the date of the enactment of this chapter as specified in this section.

This special use, if not otherwise permitted in the underlying zoning district, shall be principally contained within a Class I or Class II historic resource.

Except as otherwise noted in this section or chapter, the minimum area and bulk regulations shall be as stated for a single-family detached dwelling in the applicable underlying district, unless the lot size or other condition is nonconforming at the time of application for a conditional use, in which case this special use for a historic resource may be considered and such nonconformance may continue. This use shall also follow the requirements of Article XVII.

The property upon which the bed-and-breakfast lodging use is established shall be the principal residence of the operator of the use, and there shall be only one principal residence per bed-and-breakfast lodging use. Nonresident employees shall be restricted to two in addition to the resident members of the family of the operator.

The bed-and-breakfast lodging shall have no more than eight guest rooms. However, up to eight additional guest rooms, for a maximum of 16 guest rooms in a bed-and-breakfast lodging, shall be permitted under this chapter upon satisfaction of the additional conditions under Subsection V, below.

Exterior and interior alterations shall be limited to those customarily associated with residential use or those which may be required by the Pennsylvania Department of Labor and Industry, or for safety reasons as required by any other local, state, or federal regulations. Fire escapes, external stairways, or additional external doors shall be located either to the side or rear of the building.

There shall be no cooking facilities in any guest room.

Food service to guests on the premises shall be limited to breakfast and afternoon tea only.

There shall be no food service on the premises open to persons other than overnight guests unless otherwise permitted in the zoning district in which the premises is located.

The maximum uninterrupted length of stay shall be 14 days.

Where an on-lot sewage disposal system is to be used, the application for the use shall be accompanied by a valid Chester County Health Department permit verifying that the existing or proposed sewage system can accommodate the maximum potential usage and that an appropriate site for a replacement system is available should the existing system fail. Compliance with Chester County Health Department regulations shall be demonstrated or shall be a condition to issuance of a use and occupancy permit, at the discretion of the Board of Supervisors.

Proof of any required fire inspection by a fire company or recognized firesafety personnel shall be available at all times.

A bed-and-breakfast operation may be subjected to an annual inspection for compliance with Township ordinances.

No greater than 120 square feet of the historic resource in which the bed-and-breakfast use is located or an accessory building may be used for the retail sale of articles to the public as part of the bed-and-breakfast lodging use.

Any amenities including, but not limited to, swimming pools and tennis courts, shall be for the sole use of the residents and the bed-and-breakfast guests and shall follow § 162-2002A(3) and C(12). When located within 75 feet of a the property line of an adjacent residential use, the use of active recreation amenities, such as a swimming pool or tennis court, shall be limited in use and lighting between the hours of 9:00 a.m. to 9:00 p.m.

Off-street parking spaces shall be screened from visibility from public streets and adjacent properties by fencing, walls, or natural vegetation in accordance with Article XIX, and as determined by the Historical Commission, Planning Commission, and Board of Supervisors. Parking shall be located so as not to detract from the historic appearance of the historic resource. Parking shall meet the requirements of Article XIX; provided, however, that the Board of Supervisors may, by conditional use approval, reduce the required parking for such use if the Board of Supervisors finds that the parking required is unnecessary and inconsistent with the preservation of the historic resource, appearance, or setting of the historic resource.

A single sign shall be allowed on the premises. Illumination of a sign shall be limited to downlights external to the sign and all sign illumination shall be extinguished by 10:00 p.m. There shall be no use of windows for display or advertising. Signage size and other requirements shall be as provided in Article XXI.

Trash receptacles shall be screened so as not to be visible from the street or abutting properties except on scheduled pickup days.

Up to eight additional guest rooms, for a maximum of 16 guest rooms in a bed-and-breakfast lodging, shall be permitted under this chapter upon satisfaction of the following additional conditions:

(1)

In order to be allowed more than eight guest rooms, the applicant shall be required to perpetually restrict the development of the property on which the historic resource is located, according to the formula set forth herein. The applicant shall agree to perpetual conservation easements satisfactory in form and substance to the Township Solicitor, which shall restrict the development of the historic resource(s) and lot(s) as herein required.

(2)

Four additional guest rooms shall be allowed in exchange for each lot which is perpetually restricted from further development. The historic resources must be located on the lot which the applicant agrees to restrict. Each restricted lot shall:

(a)

Be a separately subdivided lot on which the bed-and-breakfast lodging use is located or contiguous lot(s) allocated to the bed-and-breakfast lodging use;

(b)

Contain an area equal to the greater of:

[1]

The minimum lot size in the zoning district in which the historic resource is located; or

[2]

Two acres.

(c)

Wetlands, floodplain, and steep slopes (greater than 25%) shall be deed-restricted against further development.

(d)

The applicant is cautioned to take into account future potential uses of the applicant's tract of land and to situate any new buildings on the tract or lots in such a manner as to allow compliance with the bulk and area requirements of this chapter, since the Township will not guarantee that variances will be forthcoming upon conversion to any future use.

(e)

The additional guest rooms may be contained in a building or buildings other than the historic resource if the following conditions are met:

[1]

The additional building(s) are on the lot(s) for bed-and-breakfast lodging use;

[2]

The construction of the building(s) is demonstrated by competent evidence to be consistent with the historical architecture and setting of the historic resource;

[3]

The area of the additional building(s) plus the historic resource and other impervious cover does not exceed that allowed by the underlying district in which the bed-and-breakfast lodging is permitted; and

[4]

As determined by the Historical Commission.

(f)

The applicant is encouraged to maintain, restore, or, at a minimum, renovate the interior of the historic resource in such a manner as to retain the historic character of the building. Distinctive features, construction techniques, or examples of craftsmanship shall be preserved. Such demonstration shall include plans or renderings from a qualified architect or interior design specialist, as approved by the Historical Commission.

(g)

The residence of the operator of the use may be located in a building other than the historic resource so long as the residence is on the same lot as the bed-and-breakfast lodging use, meets the requirements of Subsection V(2)(e), above, and is a part of the bed-and-breakfast lodging use.

§ 162-2011 Cemetery.

The following provisions shall apply to a cemetery:

Except as otherwise noted in this section or chapter, area and bulk regulations for this use shall be as specified in the applicable underlying district in which this use is located. No part of a cemetery, including but not limited to individual plots, structures, driveways and roads, shall be located in steep slopes.

Individual plots shall be set back a minimum of 50 feet from all tract boundaries, public rights-of-way, and the Flood Hazard District. A system of internal monumentation shall be required to permit the accurate location and recovery of individual plots.

No vault shall be located where, at its greatest depth below the ground surface, it may intrude upon the permanent or seasonal high water table.

To the greatest degree feasible, the existing soil profile and its natural groundwater recharge capacity shall remain undisturbed in buffer areas, perimeter setback areas, and retained natural areas.

Burial vaults shall be placed such that the minimum horizontal separation between vaults is no less than two feet in order to allow for infiltration of groundwater. This provision shall not apply to vaults within a mausoleum.

Individual headstones greater than five feet in height and other above ground permanent structures shall require building permits prior to installation.

An application for a cemetery use shall include the following:

(1)

A master plan identifying the overall layout of plots, internal road network, buildings, stormwater management facilities, and other improvements.

(2)

A valid permit issued from the Pennsylvania Department of Health, when applicable.

(3)

A narrative of how the cemetery will be developed and maintained.

(4)

The applicant shall demonstrate that recharge of groundwater is not adversely impacted by the cemetery design.

(5)

The applicant shall provide sufficient hydrologic and other information to satisfy the Township that the potential for groundwater contamination from the burial grounds shall not be hazardous to neighboring water supply wells.

§ 162-2012 Child/adult day-care center.

Child day-care centers shall be subject to the following regulations:

(1)

The area and bulk regulations of the underlying district shall apply for this use except that the minimum rear yard shall be no less than 50 feet. Where this use is located adjacent to a residential district, the minimum side yard shall be 35 feet.

(2)

Child day-care centers shall meet the provisions of 55 Pa. Code § 3270.1 et seq. for "child day-care centers" and the applicable requirements of all other state and county agencies. Where any of the requirements in this chapter conflict with state requirements, the more restrictive requirement shall apply.

(3)

Prior to the issuing of a permit by the Code Enforcement Officer, the applicant must receive and hold all pertinent approvals and/or licenses from the PA Department of Public Welfare, the Chester County Health Department, and any other applicable state or county agencies as a condition of permit approval and continuation.

(4)

An outdoor play area shall be provided consistent with the Pennsylvania Department of Public Welfare standards. This area shall be located to the side or rear of the building and shall be set back at least 25 feet from all property lines and shall be surrounded by a safety fence.

(5)

The screening and landscaping requirements of § 162-1908 shall be met. Outdoor play areas shall be sufficiently screened so as to protect residential areas from inappropriate noise and disturbance.

(6)

Outside play shall be limited to the hours between 8:00 a.m. and 7:00 p.m. or sunset, whichever occurs earlier.

(7)

When proposed in combination with another nonresidential use, a permit is required for each use.

(8)

No less than one off-street parking space for each employee, plus two parking spaces for each 10 children shall be provided. Parking shall be adequately screened when situated within 50 feet of land zoned for or in residential use.

(9)

Safe off-street unloading passenger space and adequate stacking capacity shall be provided to prevent interference with traffic flow on any adjacent street or road. One passenger unloading space per 10 children shall be provided; a minimum of one unloading space shall be provided in all cases. The unloading spaces shall be 9.5 feet wide by 20 feet long.

(10)

An existing residential building on the lot may be used and occupied as a single-family residence for the owner or an employee of the owner of the day-care center. However, such building shall not be used for nor include space for the child-care use and shall meet the area and bulk regulations of the R-3 Residential District.

(11)

Adult day-care centers shall be subject to the following regulations:

(1)

The area and bulk regulations of the underlying district shall apply.

(2)

Adult day-care centers shall hold a valid license from the Pennsylvania Department of Aging, meet the regulations of the Pennsylvania Older Adult Living Centers Licensing Act of 1993 (6 Pa. Code § 11.1 et seq.), and the applicable requirements of all other state and county agencies. Where any of the requirements in this chapter conflict with state requirements, the more restrictive requirement shall apply.

(3)

There shall be a minimum of one off-street parking space provided for each employee and, additionally, a minimum of one safe passenger unloading space measuring a minimum of 9.5 feet by 20 feet in size for each five clients that the center is licensed to accommodate. Safe sight distances and internal circulation patterns are required for both dropoff and pickup locations.

(4)

There shall be an outdoor open and safe area which shall be a minimum of 10% of the net tract size and shall contain such amenities as benches, gazebos, and/or walking paths.

(5)

§ 162-2013 Club or lodge.

A club or lodge shall be subject to the following regulations:

Except as otherwise noted in this section or chapter, this use shall meet minimum applicable area and bulk regulations for the applicable underlying district in which this use is located. Where a golf course or other recreational use is proposed in conjunction with a club, § 162-2034 shall also apply.

The use of the facility shall be for authorized members and guests only.

Lodging of overnight guests is prohibited in any building that is a club or lodge.

Outdoor activity areas shall be set back a minimum of 100 feet from any residential property line.

When located within or adjoining a residential district or use, the hours of operation shall be established by the Zoning Hearing Board and shall not interfere with neighboring properties and uses.

A buffer, in accordance with § 162-1908, shall be maintained adjacent to any residential use or district. All structures, parking, and facilities for outdoor activity shall be screened. Except as otherwise specified in this section or chapter, parking, screening, buffering, lighting, signs, storage and display, fencing and walls, access, and other general standards shall be in accordance with the applicable sections of Article XIX.

The use of firearms, paintball guns and apparatus, archery, and similar activities as a part of this use shall be prohibited.

§ 162-2014 Communication towers and antennas.

All communication towers erected or otherwise in use in the Township will comply with the following specifications:

All commercial communication towers shall be of a monopole type construction, unless the applicant demonstrates, to the satisfaction of the Township that lattice-type construction is more suitable for the intended application.

Communication towers shall comply with all area and bulk and other regulations in the underlying district in which it is located, unless otherwise noted in this section or chapter.

Every such tower shall meet the following restrictions:

(1)

There shall be no inhabited structures, residential accessory structures, or electrical transmission lines within a radius equal to the height of the tower; and the communication tower shall be designed, where technically feasible, with a break point which shall ensure that the structure will fall within this radius setback. In no case shall the tower be located less than a distance of 25 feet from the nearest property line;

(2)

The requested height shall be the minimum height necessary to meet the particular communication requirements of the proposed facility;

(3)

The applicant does not have the ability to use an existing communication tower for its communications requirements;

(4)

The tower shall be lighted as may be required by federal, state or local aviation regulations;

(5)

The Board of Supervisors shall be assured that all health, safety and welfare issues have been properly addressed;

(6)

No communications tower or antenna shall be constructed on any property or placed on any structure in any portion of the Brandywine Battlefield National Historic Landmark Planning Area which is within 1/2 mile of the Brandywine Creek.

All towers over 35 feet in height must meet the standards set forth in the International Building Code (IBC) 2006, Section 3108, and all amendment thereto. An independent structural engineer licensed in Pennsylvania shall certify to the proposed tower's ability to meet said standards and certify proper construction of the foundation and erection of the tower. The maximum height of a communication tower shall be 150 feet; provided, however; that the height of a communication tower may be increased to a maximum height of 250 feet by conditional use.

Owners of communication towers higher than 35 feet shall secure the property boundary, or at a minimum the tower base including any support structures, with a chain-link fence which shall be 10 feet in height. In addition to boundary security, all communication towers in excess of 35 feet in height shall have anti-climbing devices or other means with locked access, to prevent unauthorized climbing of the tower. Screening and buffering shall be provided as per § 162-1908 around all fences to screen them from public views and adjoining properties.

Access to the communication tower shall be via a public street or an adequate easement including a passable cartway.

Communication tower owners will provide the Township with a certification that the operators of the communication antenna are licensed by the Federal Communications Commission and that the antenna will be operated in accordance with all Federal Communication Commission regulations.

If measurable radio interference results from the installation and use of a communication antenna, the tower owner will, upon receipt of notice of such interference, immediately initiate an investigation as to the source of such interference and assist in eliminating its existence.

The owner of any communication tower higher than 35 feet shall annually submit to the Township proof of an annual inspection by a qualified inspector and tower maintenance program. Any structural faults thus noted will be immediately corrected by the owner. Failure to provide proof and the results of such inspections may result in notification to the owner to cease operation and dismantle the tower. The Township reserves the right to cause its Code Enforcement Officer and/or Township Engineer to inspect the tower for purposes of ascertaining the existence or absence of structural faults.

The owner of the communication tower shall be required annually to provide a certificate of insurance to the Township providing evidence of liability insurance at levels acceptable to the Township and naming it as an additional insured on the policy of the owner.

The communication tower owner will notify the Township immediately upon cessation or abandonment of the tower or any change in use. In the case of cessation of use, the tower owner shall have 90 days within which to dismantle and remove all structures from the property. At the time of issuance of the permit for the construction of the communication tower, the owner shall provide financial security in form and amount acceptable to the Township to secure the expenses of dismantling and removing said structures.

If there is suitable space available on an existing communication tower, within the geographic area that a new communication tower is intended to serve, no new tower shall be established. The owner of the communication tower shall make joint use of the tower available to other users upon such terms and conditions as are customary and usual in the industry. All new communication towers shall be designed with sufficient capacity for joint use.

Sufficient space shall be made available on the communication tower for use by the Township, or for any emergency service provider designated by the Township such as a fire company, ambulance service, rescue squad, police or town watch, at no rental cost to the Township space shall also be made available, where practical, for lease to other transmitters and receivers so as to minimize the number of communication towers in the district.

In addition to the above standards, all other applicable performance standards pertinent to the zoning district in which the tower is to be located shall apply to the tower and any associated support facilities or structures. This requires that land development plans be submitted for review and approval with any application for a communication tower.

Telecommunications antennas on existing tall structure. Telecommunications antennas may be affixed to existing electrical transmission structures existing on the date of enactment of this chapter by conditional use in all districts in the Township. In all districts other than the R-1, R-2, R-3 and R-4, R-5, VR, VC, RT1, AND HR Districts, telecommunications antennas may be affixed to a building or structure existing on the date of enactment of this chapter by conditional use. In districts the following conditional use criteria shall apply:

(1)

The applicant shall prove that the location is necessary to satisfy their function in the applicant's system and, where applicable, will obviate the need for the erection of a telecommunications tower in another location where the same is permitted.

(2)

The applicant shall minimize the adverse visual impact and the number of such facilities through proper design, siting screening, material, color and finish and whenever possible, competing providers should collocate antennas and related facilities.

(3)

Building-mounted telecommunication antennas shall not be located on any single-family dwelling or two-family dwelling.

(4)

Building-mounted telecommunication antennas shall be permitted to exceed the height limitations of the applicable zoning district by no more than 20 feet.

(5)

Omnidirectional or whip telecommunication antennas shall not exceed 20 feet in height and seven inches in diameter.

(6)

Directional or panel telecommunication antennas shall not exceed five feet in height and three feet in width.

(7)

Any applicant proposing telecommunication antennas to be mounted on a building or other structure shall submit evidence from a Pennsylvania-registered professional engineer certifying that the proposed installation will not exceed the structural capacity of the building or other structure, considering wind and other loads associated with the antenna location.

(8)

Any applicant proposing telecommunication antennas to be mounted on a building or other structure shall submit detailed construction and elevation drawings indicating how the antennas will be mounted on the structure for review by the Township for compliance with the Township Building Code and other applicable law.

(9)

Any applicant proposing telecommunication antennas to be mounted on a building or other structure shall submit evidence of agreements and/or easements necessary to provide access to the building or structure on which the antennas are to be mounted so that installation and maintenance of the antennas and communications equipment building can be accomplished.

(10)

Telecommunication antennas shall comply with all applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation.

(11)

Telecommunication antennas shall not cause radio frequency interference with other communication facilities located in the Township.

(12)

A communications equipment building shall be subject to the height and setback requirements of the applicable zoning district for an accessory structure.

(13)

The owner or operator of communications antennas shall be licensed by the Federal Communication Commission to operate such antennas.

(14)

The maximum height of telecommunications antennas affixed to electrical transmission structures, including the height of the structure, shall be 120 feet.

§ 162-2015 Convenience store.

The following provisions shall apply to convenience stores:

Except as otherwise noted in this section or chapter, area and bulk regulations shall be as designated in the applicable underlying district in which this use is located.

Access shall be controlled and defined by the use of concrete curbing.

When proposed with the sale of motor vehicle fuel, the provisions of § 162-2020 for a gasoline station shall apply in addition to the standards of this section, including the parking and stacking requirements for fuel pumps.

§ 162-2016 (Reserved)

§ 162-2017 Drive-through service.

The following provisions shall apply to uses having drive-through service:

Except as otherwise noted in this section or chapter, area and bulk regulations for drive-through services shall be as specified for the use with which it is associated, including eating and drinking establishment, bank, or pharmacy as specified in the applicable underlying district.

The drive-through service area shall not be located adjacent to or facing a residential use or district.

The drive-through service area shall have a cartway that has a dedicated area for conducting business, a vehicle stacking lane which can accommodate a minimum of five cars, and an area for departing vehicles. The stacking lane shall be clearly marked and shall not be used for parking lot circulation aisles nor shall it conflict in any way with circulation or parking.

When drive-through service is adjacent to or on the same lot as other commercial establishments, it shall use a common access with the other establishments and not have a separate entrance to the street.

A pedestrian pathway shall be provided between any existing pedestrian pathway and the entrance to the principal use for which the drive-through service is intended.

If the drive-through service is for a restaurant, trash receptacles shall be provided outside the restaurant for patron use and shall be located in a manner that drive-through service customers have access to from an automobile, but trash receptacles shall not be located within 40 feet of any residential properties. A trash storage unit shall also be provided which is designed to be screened from the street and adjacent properties.

§ 162-2018 Eating and drinking establishment (without drive-through service).

The following regulations shall apply to an eating and drinking establishment:

Except as otherwise noted in this section or chapter, this use shall meet minimum area and bulk requirements for the underlying district in which it is located.

The use shall have access to either an arterial or major collector road, as defined by this chapter. When this use is adjacent to or on the same lot with other commercial uses, there shall be a common accessway.

Trash receptacles shall be provided outside of the restaurant for patron use, but shall not be located closer than 50 feet to any residential use or district.

A trash storage area shall be provided which is screened from the street and adjacent properties to create a visual barrier from the street and adjacent properties and to prevent trash from blowing from the area in accordance with § 162-1908. Trash areas shall be located to permit safe and accessible trash removal.

An outdoor cafe may be permitted as accessory to this use under the following required provisions:

(1)

Prior to constructing or maintaining an outdoor cafe, an applicant shall first apply for and secure a permit from the Township in accordance with the following:

(a)

An applicant shall submit in writing to the Zoning Officer, along with the required fee, an application including the following information:

[1]

Name and address of the applicant.

[2]

Plan specifying the location of the outdoor cafe, including a calculation of proposed number of occupants, seating capacity, and location.

[3]

Written consent of the property owner, if other than the applicant.

[4]

Indoor seating capacity.

[5]

Statement of indemnity as per Subsection F(1)(b), below.

[6]

Other similar information as may be required, and information sufficient to demonstrate compliance with this section.

(b)

No action shall be taken on any application for a permit under this section until the application has been completed fully and the application fee, as required by the schedule of fees established and amended by resolution of the Board of Supervisors, has been paid in full.

(c)

The applicant shall indemnify and keep harmless the Township, its officers, employees, and agents from and against any and all actions, suits, demands, payments, costs, and charges for and by reason of the existence of an outdoor cafe, and all damages to persons or property resulting from or in a manner caused by the presence, location, use, operation, installation, maintenance, replacement, or removal of such use, or by the acts or omission of the employees of agents of the applicant for such use. An indemnification agreement satisfactory to the Township shall be provided by the applicant.

(2)

This use shall be associated with a principal use of an eating or drinking establishment and shall be located abutting that building in which the principal use is located, and shall be located on the same lot as that principal use.

(3)

The associated eating or drinking establishment shall have a minimum indoor seating capacity of 16 persons.

(4)

Outdoor cafe uses, abutting or adjacent to residential districts, shall stop serving customers on or before 9:00 p.m., prevailing time, on Sunday through Thursday, and clear all tables of food, beverages, and customers on or before 10:00 p.m. On Friday and Saturday, customer service shall stop at 10:00 p.m., prevailing time, and all tables shall be cleared of food, beverages, and customers on or before 11:00 p.m.

(5)

This use shall not be located on or extend onto a public street, right-of-way, pathway, or sidewalk.

(6)

This use shall be separated from parking areas or traffic flow areas by fencing or buffering. However, in any location where the outdoor cafe is not separated from the flow of traffic or parking areas, no table shall be located within five feet of the curb or the boundary of that area, whichever is closer.

(7)

This use shall provide table service.

(8)

The applicant shall maintain this use as per all Township regulations and codes and state and federal laws, as well as Township rules for this use, which may, from time to time, be changed to facilitate the purposes and functioning of this use.

(9)

This use shall meet applicable Chester County Health Department requirements.

§ 162-2019 Educational use or place of worship use/activity.

Educational uses shall be permitted when in accordance with the following standards:

The minimum required lot size shall be by special exception dependent on the type, location, and intensity of educational use, however, shall be no less than one acre. Except as otherwise noted in this section or chapter, other area and bulk regulations shall follow those specified in the underlying zoning district in which this use is permitted.

For educational uses access shall be taken from a collector or arterial road and for place of worship uses/activities access shall be taken from an arterial or major collector road, as defined by this chapter.

Outdoor play or recreation areas adjacent to a residential use or district shall be a minimum of 75 feet from side and rear property lines and shall be sufficiently screened to minimize disturbance of residential areas as per Article XIX. Outdoor play or recreation areas adjacent to a nonresidential use or district shall be a minimum of 25 feet from side and rear property lines.

Building or any structures associated with this use shall be set back a minimum of 50 feet from property lines of residential uses or districts.

The applicant shall demonstrate that all necessary approvals and permits from state and local agencies have been obtained.

§ 162-2020 Gasoline or service station.

The following provisions shall apply to gasoline or service stations:

Except as otherwise noted in this section or chapter, this use shall meet minimum area and bulk regulations for the applicable underlying district in which this use is located. However, gas pumps shall be a minimum of 500 feet from the nearest water supply whether on the same lot or not.

Outdoor storage of materials and supplies shall be consistent with § 162-1909, Outdoor storage and display. In addition, the following storage standards shall apply:

(1)

Automotive parts, refuse, and similar articles shall be stored within a building or enclosed area.

(2)

Vehicles waiting for repairs shall not be stored outdoors for more than 10 days. Junk or parts vehicles shall be stored indoors or directly behind the building where they are screened from public view and limited to no more than two vehicles.

For gasoline stations, a minimum lot width of 100 feet shall be provided along each street in which access is proposed. This requirement shall not apply to facilities solely providing automobile repair services, in which case the required lot width of the underlying district shall apply.

Gasoline pumps and service islands shall be set back a minimum of 25 feet from any street right-of-way and a minimum of 50 from the property line of a commercial, industrial, or institutional use and 100 feet from the property line of a residential lot or residential district.

There shall be no more than a total of four gasoline pumps per gasoline station use. To implement the Pennsbury Township Route 1 Corridor Improvement Plan (2000), gasoline pumps shall be placed behind the gasoline station, service station, or if applicable convenience store building when such a building is built in association with this gasoline station use.

Hours of operation and delivery service for the gasoline station and/or service station shall be between 6:00 a.m. and 10:00 p.m.

Repair or service operations shall take place within an enclosed building except for minor service activities performed at the fuel pump.

Fuel tanks shall be placed underground and shall use materials and be designed in accordance with state and federal regulations.

Except as otherwise specified in this section or chapter, parking, screening, buffering, lighting, signs, storage and display, fencing and walls, access, and other general standards shall be in accordance with the applicable sections of Article XIX; provided, however, for properties within the Brandywine Battlefield National Historic Landmark Planning Area, signs shall be consistent with the historic character of the area.

§ 162-2021 Event space.

[Added 11-20-2019 by Ord. No. 2019-11-20-1]

An event space use must comply with all of the following standards. Event space shall not be permitted as a conditional accessory use unless the applicant can comply with all of the standards. Compliance with the standards shall be demonstrated by the applicant as part of the conditional use application.

The event space use shall be permitted only on a lot where the owner of the lot resides on the lot of the proposed event space accessory use; or resides on an adjacent lot owned by individuals related to the lot owner.

The event space use shall be permitted only on a lot at least 50 acres in area; or on a smaller lot adjacent to a lot or lots owned by individuals related to the lot owner that in the aggregate comprise at least 50 acres.

The event space use shall be permitted only on properties with frontage on U.S. Route 1, State Route 52, State Route 926 and South Creek Road.

The event space use shall be permitted only on a property designated as a Class 1 or Class 2 Historic Resource on the Township Historic Resources Map.

Only permanent buildings existing on January 1, 2019, may be used as event space. No new buildings or additions to existing buildings may be used for the event space use.

A temporary tent may be used for the event space use if approved by the special event permit. Temporary tents shall be erected no sooner than five days before the date the event starts and removed no later than two days after the event ends.

Sales of merchandise at special events shall be limited to agricultural products and artisan crafts produced on the lot where the special event is conducted or on an adjacent lot owned by individuals related to the lot owner. This limitation shall not apply to food and beverages provided to guests of or participants in the special event for on-site consumption.

A building (unless a lawful nonconforming building) or temporary tent to be used for the event space shall comply with the following minimum yard setbacks:

(1)

Front yard: 100 feet.

(2)

Side yards: 100 feet.

(3)

Rear yard: 100 feet.

A designated parking area shall be provided. The parking area shall not be located in the front yard. No parking shall be permitted along or next to the driveway providing access to the lot or the event space. The parking area may be located on an unpaved area, weather permitting, and need not comply with § 164-1903, except as may be required by the special events permit.

The event space use shall comply with § 162-1911, Physical performance standards.

The event space building or tent shall comply with the Township Building Code,[1] Fire Code and other applicable codes. Prior to use, the owner of the lot shall obtain a Township use and occupancy permit for the event space building or tent.

[1]

Editor's Note: See Ch. 78, Building Construction.

Permanent or temporary indoor and outdoor lighting may be required, as determined necessary by the Board of Supervisors in the conditional use decision. Outdoor lighting shall comply with § 162-1910.

A landscape buffer may be required by the Board of Supervisors in the conditional use decision in compliance with §§ 162-1707A(2) and 162-1908 to screen the event space building, tent and parking area from view from a public road or adjacent property.

Signs shall be temporary only and comply with § 162-2104G.

The means of ingress and egress to and from the public road shall be designed and maintained to accommodate traffic in a safe and efficient manner.

Adequate provision for sanitary facilities and disposal shall be provided, including toilets and waste disposal and removal. If a permanent on-site septic system is to be utilized, the applicant shall obtain written approval from the Chester County Health Department.

Preparation and service of food shall comply with all applicable laws and regulations and obtain all necessary permits from the Chester County Health Department. Food may be provided from food truck vendors or on-site caterers.

Music provided by live musicians, disc jockeys or recordings and amplified music, sounds and voices shall end by 10:00 p.m., prevailing time.

If permitted by the special events permit, fireworks and any outdoor display shall end by 10:00 p.m., prevailing time, and shall comply with all applicable laws and regulations. Fireworks shall be displayed only by a competent operator registered with the Office of the Pennsylvania Attorney General.

The number of special events permitted during a calendar year on each lot shall be determined by the Board of Supervisors in the conditional use decision.

The applicant shall obtain all necessary permits and approval from the Pennsylvania Liquor Control Board for the sale and/or service of alcohol. All sellers and servers of alcohol shall have completed the PLCB Responsible Alcohol Management Program. Alcohol shall be served only in conjunction with the special event to guests and patrons of the special event. Special events where the sale and service of alcohol is the principal purpose of the special event are not permitted.

An event space use shall apply for and obtain a special event permit in compliance with Chapter 127, Special Events. All permit requirements shall be met.

In addition to the Township special event permit, the applicant shall obtain and provide to the Township all permits and approvals required by local, state and federal regulatory agencies.

§ 162-2022 Group home.

The following provisions shall apply to group homes:

Group homes shall comply with the applicable provisions of the Township Building Code.[1]

[1]

Editor's Note: See Ch. 78, Building Construction.

Except as otherwise noted in this section or chapter, this use shall meet minimum area and bulk regulations for the applicable residential dwelling in the applicable underlying district in which this use is located.

Proof of required licensing and compliance with all applicable state and county regulations for the proposed facility shall be furnished to the Zoning Officer prior to granting of a zoning permit.

Group home occupancy shall not exceed a maximum of eight resident clients not including resident staff or other support staff.

§ 162-2023 Helipad, private.

Applicability. No person shall land, discharge, load or take off in a helicopter in any place within the Township except as follows and a special use permit must be obtained from the Township one month in advance of the event.

(1)

In conjunction with a special event such as an athletic contest, a holiday celebration, festival, parade or similar activity after permission has been obtained to make such landings or takeoffs;

(2)

In connection with a construction project where a helicopter is to be used to lift equipment or materials in connection with such project.

(3)

Landings and takeoffs for law enforcement purposes and emergencies, such as medevac, are permitted without prior approval.

§ 162-2024 Home occupations.

Home occupations shall be considered an accessory use and shall be classified and regulated as set forth below.

Classification, applicability and permits.

(1)

A minor home occupation (no-impact home-based business), as defined in this chapter, shall be permitted as an accessory use by-right in those districts where minor home occupations are allowed when each of the following criteria and those in Act 247 are met:

(a)

The use is carried on only by family members residing in the dwelling and shall have no employees other than those family members.

(b)

The use does not involve more than one customer or client visit per week to the dwelling and there are no direct sales of products on the site.

(c)

There is no display or sale of retail goods and no stockpiling or inventory of a substantial nature.

(d)

There is no exterior indication, including signs, advertising or other display, that a home occupation is located on the premises.

(e)

Commercial pickup and delivery of goods and supplies is limited to no more than once a week, exclusive of normal United States Postal Service and express package delivery.

(f)

The business activity shall be conducted only within the dwelling and the floor area devoted to the use does not exceed 25% of the ground floor area of the principal residential structure or 400 square feet, whichever is less.

(g)

The business activity does not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use in the neighborhood.

(2)

No-impact consulting as defined in this chapter (See "consulting, no-impact") shall be permitted as an accessory use by right in those districts where minor home occupations are allowed where the criteria of § 162-2024A(1)(a), (c), (d), (f) and (g) herein above are met. No-impact consulting shall not require a permit [§ 162-2024A(2) and B(9)], and additional parking spaces [§ 162-2024B(5)].

(3)

The Code Enforcement Officer shall make the determination as to whether the above criteria are met by the proposed use. The applicant shall be responsible for supplying such information as deemed necessary to make this determination. Upon determining that the proposed use meets all of the above criteria and is classified as a minor home occupation, the Code Enforcement Officer shall issue a one time permit for the home occupation. Where the proposed home occupation does not meet all of the criteria, Subsection A(3) through (5) shall apply.

(4)

Where a proposed home occupation does not meet one or more of the above criteria in Subsection A(1)(a) through (g) and Act 247,[1] it shall be classified as a major home occupation and an annual permit shall be required to be obtained from the Code Enforcement Officer.

[1]

Editor's Note: See 53 P.S. § 10101 et seq.

(5)

A major home occupation shall be permitted as an accessory use only as a special exception and shall require review and approval by the Zoning Hearing Board. Following such approval, a permit shall be obtained from the Code Enforcement Officer. Permits for home occupations approved by special exception shall be renewed annually.

(6)

A proposed major home occupation which does not meet at least two of the above criteria in Subsection A(1)(a) through (g) shall not be permitted as a home occupation.

General standards. The following regulations shall apply to all home occupations, whether classified as minor or major:

(1)

A home occupation must be conducted within a dwelling which is a bona fide residence of the principal practitioner or, for a major home occupation, in an accessory building thereto which is normally associated with a residential use. The home occupation, other than an outdoor play area for a home day care, shall be carried on wholly indoors. Accessory structures such as sheds, detached garages, and barns may be used for unheated storage of materials for the major home occupation, only if the primary building is used as an office for the home occupation use.

(2)

A home occupation shall not be permitted within a nonconforming structure or on a nonconforming lot, which the exception of historic resources and their lots, as defined by Article II and XXII.

(3)

In no way shall the appearance of the residential structure be altered or the occupation within the residences be conducted in a manner which would cause the premises to differ from its residential character by the use of materials, construction, lighting, show windows, signs, or advertising visible outside the premises to attract customers or clients, other than those signs permitted by this chapter for a residential use or a major home occupation.

(4)

Home occupations are an accessory use for a principal residential use as permitted in the applicable underlying district and except as otherwise noted in this section, shall meet minimum area and bulk regulations in the applicable underlying district in which the principal residential use is located.

(5)

In addition to the off-street parking spaces required for the particular primary residential use concerned, a major home occupation use shall provide one off-street space per 200 square feet of total floor area used for the home occupation, plus one space for each employee; however, a maximum of four off-street parking spaces are permitted on one lot, inclusive of that required residential parking. A minor home occupation shall provide no more than one additional parking space above that already provided for the residential use where it is located. Off-street parking spaces required for the home occupation are not permitted in front yards. All off-street parking spaces shall be located at least 10 feet from any property line. Off-street parking areas for the home occupation use shall be screened from abutting residences in accordance with § 162-1908. Alternately, a fence may be erected as a visual screen with a minimum height of four feet.

(6)

Any commercial vehicle, not to exceed one in number, shall be parked within a garage, an enclosed structure, or a parking space which is screened from view at the street line and from adjacent residential uses.

(7)

There shall be no exterior storage of materials or refuse resulting from the operation of the home occupation.

(8)

No equipment or process shall be used in a home occupation which creates noise, vibration, glare, fumes, odors, dust, or electrical interference detectable to normal senses beyond the property line which is in excess of levels customarily generated by a residential use. No equipment or process shall be used which creates visible or audible interferences in any radio or television receivers off the premises.

(9)

All applicants for a home occupation use shall be required to obtain a permit in accordance with the requirements of § 162-2024A prior to beginning operation of the use.

(10)

With the exception of home day care, no home occupation activity shall be conducted between the hours of 8:00 p.m. and 8:00 a.m. which involves individuals entering or leaving the premises or mechanical operations.

(11)

Deliveries from commercial suppliers shall not be made prior to 8:00 a.m. or later than 8:00 p.m.

(12)

Home occupations shall not include the following:

(a)

Animal hospitals.

(b)

Riding stables and kennels.

(c)

Funeral parlors or undertaking establishments.

(d)

Bed-and-breakfast.

(e)

Restaurants.

(f)

Medical or dental clinics.

Gift shops.

Rental businesses.

Furniture stripping.

Rooming, boarding, or lodging houses.

(k)

Automotive repair or mechanical shop.

(l)

Painting of vehicles, trailers, or boats.

(m)

Private schools with organized classes. [Private instruction of no more than two students during one session may be permitted per § 162-2024D(2).]

(n)

Welding shops.

(o)

Other uses of similar character.

Standards for major home occupations permitted by special exception. In no case shall a major home occupation be permitted to exceed the following standards:

(1)

The total area used for such purposes (including storage) shall not exceed the equivalent of 50% of the floor area of the ground floor or first floor of the user's dwelling unit.

(2)

No more than one person, other than resident members of the immediate family, may be employed or subcontracted at the residence.

(3)

No articles shall be sold or offered for sale on-site except such as may be produced on the premises.

(4)

Signage shall be as designated in Article XXI.

Standards applicable to specific home occupations. The following provisions shall apply to specific home occupations as defined below and shall be in addition to the other applicable provisions in this section:

(1)

Personal services. Personal services, including beauty parlors and barbershops, may be permitted as a special exception, provided no more than two beauty parlor or barber chairs are located in the shop.

(2)

Instructional services. An instructional service is a home occupation in which the practitioner provides the client with special instruction in a specific area of study. Such uses shall meet the following provisions:

(a)

The establishment of this home occupation shall not require a room or series of rooms specifically designed for this purpose.

(b)

Instructional services involving a maximum of two students at a time are permitted.

(c)

No persons shall be employed other than resident members of the immediate family.

(3)

Home crafts. Home crafts are art or craft-related business activities whereby the commodity for sale is completely manufactured by and may be sold on the site by the resident craftsman. Home crafts may include, but are not limited to the following: artists, sculptors, specialty paper arts such as invitations, dressmakers, seamstresses, and tailors; and include such activities as model-making, rug-weaving, lapidary work, and furniture-making. Home crafts are permitted only in single-family detached dwellings and existing accessory buildings on the same lot.

(4)

Home day care. The following provisions shall apply to accessory home day-care uses:

(a)

Family home day care. A family home day-care use is a facility in which care is provided for four to six children at any one time, who are not relatives of the caregiver, where the child-care areas are being used as a family residence as the primary use.

[1]

Family home day-care facilities shall meet the provisions of 55 Pa. Code § 3280.1 et seq. for "family child day-care homes" and the applicable requirements of all other state and county agencies. Where any of the requirements in this chapter conflicts with state requirements, the more restrictive requirement shall apply.

[2]

Prior to the final approval of the use and issuing of a permit by the Code Enforcement Officer, the applicant must receive and hold all pertinent approvals and registration certificates from the Pennsylvania Department of Public Welfare, the Chester County Health Department, and any other applicable state or county agencies as a condition of permit approval and continuation.

[3]

The minimum lot size shall be the minimum lot size required for a single-family detached residence in the underlying district or one acre, whichever is greater.

[4]

The use shall be conducted in a building designed for residential occupancy and designed for the safety and well-being of the occupants.

[5]

Play areas shall be provided consistent with the PA Department of Public Welfare standards.[2] The play area shall be set back the greater of 25 feet or the minimum yard required for the residential use in the applicable underlying district, from all property lines and outside play times shall be limited to the hours between 8:00 a.m. and 6:30 p.m. or sunset, whichever occurs earlier.

[2]

Editor's Note: The Dept. of Public Welfare codes do not specifically require play areas for a family home day care but, when provided, there are safety regulations for outdoor play areas. The code requires a minimum of 65 square feet of indoor or outdoor play area for group day care and also has safety regulations for outdoor play areas.

[6]

Outdoor play areas, if within 500 feet of any road, water body, or any other such safety hazard, shall be enclosed by a fence or natural barrier suitable to prevent children from crossing or as otherwise required by the PA Dept. of Public Welfare codes.

[7]

Family home day-care uses shall be permitted only as an accessory use in a single-family detached dwelling. There shall be no alterations to exterior facades of residential structures to accommodate accessory day care facilities in a residential district, except for safety purposes which shall be confined to rear or side walls not visible from any public right-of-way.

[8]

If a family home day care is located adjacent to a nonresidential use, a parking lot, or on a street classification higher than local street as defined in Article II, the outdoor play area must be enclosed by a fence with a minimum height of four feet and deemed appropriate by the Township. The outdoor play area shall be located to the side or rear of the property.

[9]

No more than one person other than resident members of the immediate family may be employed by the home day care.

[10]

The screening requirements of § 162-1908 shall be met.

[11]

Safe off-street loading passenger space and adequate stacking capacity to avoid interference with any adjacent street shall be provided.

(b)

Adult home day care. An adult home day-care use is a facility in which care is being provided for four to six adults at any one time who are not relatives of the caregiver, where the family residence is being used as the facility as the primary use.

[1]

The minimum lot size shall be the minimum lot size required for a single-family detached residence in the underlying district or one acre, whichever is greater.

[2]

Prior to final approval of the use and issuing of a permit by the Code Enforcement Officer, the applicant must receive and hold all pertinent approvals and registration certificates from the Pennsylvania Department of Aging, the Chester County Health Department, and any other applicable state or county agencies as a condition of permit approval and continuation.

[3]

The use shall be conducted in a building designed for residential occupancy and designed for the safety and well-being of the occupants.

[4]

Adult home day-care uses shall be permitted only as an accessory use in a single-family detached dwelling. There shall be no alterations to exterior facades of residential structures to accommodate accessory day care facilities in a residential district, except for safety purposes which shall be confined to rear or side walls not visible from any public right-of-way.

[5]

No more than one person other than resident members of the immediate family may be employed.

[6]

Safe off-street loading passenger space and adequate stacking capacity to avoid interference with any adjacent street shall be provided.

§ 162-2025 Hospital.

The following provisions shall apply to a hospital:

The minimum lot area for a hospital shall be five acres. Except as otherwise noted in this section or chapter, this use shall meet minimum area and bulk regulations for the applicable underlying district in which this use is located.

The principal access to a hospital shall be directly from an arterial or a major collector road as defined by this chapter. Except as otherwise specified in this section or chapter, parking, screening, buffering, lighting, signs, storage and display, fencing and walls, access, and other general standards shall be in accordance with the applicable sections of Article XIX.

Buildings and structures shall be set back a minimum of 100 feet from any residential use property line. Where the use adjoins existing residential uses, emergency and service entrances shall be located where they will have the least impact on adjoining neighbors.

The following uses are permitted within a hospital complex when designed as an integral part of the hospital:

(1)

Medical or dental center;

(2)

Patient care facilities;

(3)

Hospital administrative offices;

(4)

Accessory maintenance facility;

(5)

Pharmacy or laboratory;

(6)

Snack and restaurant facilities; and

(7)

Gift shop.

Helicopter landing pads may be permitted as an accessory use to a hospital when in conformance with the requirements of § 162-2002 for commercial and industrial accessory uses and § 162-2023.

§ 162-2026 Hotel, motel, or inn.

A hotel shall be subject to the following regulations:

The minimum lot area shall be two acres; however, the minimum lot size of a hotel with a conference facility shall be three acres. Except as otherwise noted in this section or chapter, this use shall meet minimum area and bulk regulations for the applicable underlying district in which this use is located.

The principal access to a hotel shall be directly from an arterial or major collector road, as defined by this chapter. Except as otherwise specified in this section or chapter, parking, screening, buffering, lighting, signs, storage and display, fencing and walls, access, and other general standards shall be in accordance with the applicable sections of Article XIX.

Buildings and structures shall be set back a minimum of 75 feet from any residential use property line.

The following uses are permitted when designed as an integral part of a hotel or motel:

(1)

Lodging facilities;

(2)

Dining facilities;

(3)

Conference and meeting facilities;

(4)

Recreation facilities;

(5)

Gift shop; and

(6)

Accessory maintenance facilities.

§ 162-2027 Industrial or Office Park.

The following provisions shall apply to an industrial or office park:

The tract of land to be developed shall be in one ownership, or in the case of a multiple ownership, it shall be developed according to a single overall master plan with common authority and responsibility.

The tract and uses therein shall have access only to an arterial or collector road, as defined by this chapter, via a common ingress and egress. The intersection of the industrial or office park entry road and the public street shall be of adequate construction to accommodate the proposed level of truck and other traffic expected to be generated by the industrial or office park.

An industrial park may be used for primary uses in the district in which the industrial park is located and associated accessory uses, buildings, and structures, plus a maximum of 30% of an industrial park may be for office or commercial uses.

Area and bulk regulations for industrial or office park uses shall be as follows:

(1)

Minimum tract size: five contiguous acres.

(2)

Tract perimeter setbacks and screening for industrial parks. Landscaping, screening, and buffering in accordance with Article XIX shall be required in addition to the following minimum setbacks along the perimeter of the industrial park:

(a)

Twenty-five feet from industrial uses.

(b)

Fifty feet from commercial uses.

(c)

Seventy-five feet from external public roads.

(d)

One hundred fifty feet from any residential use property line or district.

(e)

Other yard setbacks shall be in accordance with the district in which the industrial or office park use is located.

(3)

Tract perimeter setbacks and screening for office parks. Landscaping, screening, and buffering in accordance with Article XIX shall be required in addition to the following minimum setbacks along the perimeter of the office park:

(a)

Forty feet from all uses except 55 feet from residential uses property line or district.

(b)

Sixty feet from external public roads.

(c)

Other yard setbacks shall be in accordance with the district in which the industrial or office park use is located.

(4)

Minimum lot area. The average area of individual lots within an industrial or office park development shall be one acre, but no individual lot shall be less than 30,000 square feet.

(5)

Minimum widths.

(a)

Tract width. Minimum tract width frontage along the arterial or collector road from which the industrial or office park has access shall be 300 feet.

(b)

Individual lot widths at the building line: 100 feet.

(6)

The lot and building coverage and floor area ratio shall be as specified in the underlying district in which the industrial or office park is located and except as otherwise specified in this section or chapter, this use shall meet minimum area and bulk regulations for the applicable underlying district in which this use is located.

§ 162-2028 Junkyard or salvage yard.

The following provisions shall apply to a junkyard or salvage yard operation:

Except as otherwise specified in this section or chapter, this use shall meet minimum area and bulk regulations for the underlying district in which this use is located. The land area serving to meet the minimum tract size shall be undivided by streets, watercourses, or rights-of-way. No part of the operation shall be located within the Flood Hazard District or located such that contaminants from the operation can seep or flow into a stream or other body of water.

Perimeter setbacks and buffering.

(1)

The perimeters of a junkyard or salvage yard shall have a landscaped setback as follows:

Adjacent Use or District	Minimum Landscaped Setback (feet)
External public roads	50
Commercial use or district	50
Residential use or district	100

(2)

The area where junk and any other material is stored outside shall be enclosed with a wall or fence, at least eight feet in height, but no greater than 10 feet in height and which shall be designed and constructed so as to be 100% screened.

(3)

Landscaping, buffering, and screening requirements shall be in accordance with § 162-1908 and applicable sections of Chapter 138, Subdivision and Land Development. Vegetative screening shall be provided outside of the required fence.

The portion of the tract serving as a junkyard shall be located on lands with less than 15% slope.

Storage piles shall not exceed eight feet in height within 25 feet of the screening or fence line. Storage piles in the remaining area of the junkyard shall not exceed 10 feet in height.

There shall be provided at least a fourteen-foot-wide accessway which shall be clear and free at all times to provide for access to all parts of the premises for firefighting and other safety or emergency purposes. No more than two adjoining rows of junked cars shall be stored together. There shall be accessways between storage piles which are adequate to provide safety and emergency access as well as to provide firebreaks, as determined by the Township.

Waste generated by the junkyard operation shall be managed in accordance with all applicable Township ordinances and county, federal and state regulations including the Solid Waste Management Act,[1] the Clean Streams Law,[2] and the Air Pollution Control Act[3] of the Commonwealth of Pennsylvania.

(1)

Automotive fluids (including gasoline, oil, antifreeze, brake, transmission fluids, and similar fluids), Freon, and other flammable or toxic substances shall be removed from any junk or other items stored on the premises and shall be properly containerized and stored and removed from the premises a minimum of two times per month. Such materials shall not be released into the air or deposited on or into the ground or watercourses and shall be transported and disposed of or recycled in accordance with applicable state and federal regulations.

(2)

Automotive batteries shall be removed from junked vehicles and properly stored until they are disposed of or recycled.

(3)

Removal of such fluids, batteries, and other hazardous materials shall take place on an impervious surface where they can be properly contained without danger of spilling or being transported into the ground.

[1]

Editor's Note: See 35 P.S. § 6018.101 et seq.

[2]

Editor's Note: See 35 P.S. § 691.1 et seq.

[3]

Editor's Note: See 35 P.S. § 4001 et seq.

No junk or other material shall be burned on the premises. Each junkyard shall have available in proper working condition equipment that will control, contain, and suppress fires or other hazards.

Tire storage piles shall not exceed 200 tires. In addition, when whole or processed tires are stored outdoors, each waste tire pile shall meet the following requirements:

(1)

Piles shall not cover a surface area of greater than 1,000 square feet.

(2)

Corridors of at least 35 feet in width shall be maintained as firebreaks on all sides of tire piles. No point in the pile shall be more than 25 feet from a firebreak. Firebreaks shall be kept free from obstructions that could limit access in the event of an emergency and vegetation shall be maintained below six inches.

(3)

Tires stored or processed outdoors shall be covered by a carport, tarp, or similar structure or device.

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

All junk, including tires, shall be stored or arranged to prevent accumulation of water. Outdoor storage shall be conducted to control mosquito propagation during warm weather. Controls may include use of tarps, indoor storage screens, or spraying.

Prior to issuing of a zoning permit by the Zoning Officer, the applicant shall provide sufficient information for the Zoning Officer to determine that all applicable federal, state, county, and Township requirements and regulations can be met by the proposed operation. Prior to the issuance of the permit, the applicant shall also provide evidence that all applicable conditions set by the Board of Supervisors during the conditional use approval process have been met.

A stormwater management plan and erosion and sedimentation control plan shall be submitted as part of the land development application for a junkyard in accordance with Chapter 138, Subdivision and Land Development.

The permittee shall allow inspection of the business premises by the Township or its appointed representative at any reasonable time.

Except as otherwise specified by this section or chapter, parking, screening, buffering, lighting, signs, storage and display, fencing and walls, access, and other general standards shall be in accordance with the applicable sections of Article XIX.

§ 162-2029 Mechanical repair or fabrication shop.

The following provisions shall apply to mechanical repair or fabrication shops:

Except as otherwise noted in this section or chapter, this use shall meet minimum area and bulk requirements for the underlying district in which this use is located.

Outdoor storage of materials and supplies shall be consistent with § 162-1909, Outdoor storage and display. In addition, the following storage standards shall apply:

(1)

Spare parts, refuse, and similar articles shall be stored within a building or enclosed area.

(2)

Machinery or automobiles waiting for repairs shall not be stored outdoors for more than 10 days. Junk vehicles/machinery shall be stored indoors or directly behind the building where they are out of public view.

Repair or fabrication operations shall take place within an enclosed building.

Hazardous materials shall be stored in accordance with state and federal regulations.

§ 162-2030 Mixed use.

Mixed use shall be in compliance with the applicable provisions of Article XIV, Multi-Use (MU) District, of this chapter, the design standards in Chapter 138, Subdivision and Land Development, and any other applicable regulations.

§ 162-2031 Mobile home park.

Mobile home parks shall be in compliance with the applicable provisions of Article IX, Mobile Home Park District, of this chapter, the design standards contained in Chapter 138, Subdivision and Land Development, and any other applicable Township, county, or state regulations.

§ 162-2032 Multifamily dwellings.

Multifamily dwellings shall be in compliance with the applicable provisions of Article XIV, Multiuse (MU) District of this chapter, the design standards contained in Chapter 138, Subdivision and Land Development, and any other applicable regulations.

§ 162-2033 Nursing home/long-term living facility, assisted-living facility/personal care home, or retirement community.

Retirement community. Retirement community, with facilities to serve residents of such community and their guests only, shall be in accordance with the following specific provisions:

(1)

A retirement community shall provide a combination of individual dwelling units in any combination of single-family, two-family, or multifamily buildings and may include a community center consisting of one or more buildings in which the following uses may be permitted.

(a)

Dining facilities;

(b)

Auditoriums, activity rooms, craft rooms, libraries, lounges, and similar recreational facilities for members of the community;

(c)

Office and retail or personal service facilities designed and adequate to serve only the members of the community, such as, but not necessarily limited to the following uses: doctor's offices, pharmacy, gift shop, coffee shop, bank, beauty shop and barbershop.

(2)

The intensity of this use shall not exceed 2.5 dwelling units per gross acre. For purposes of this section, four beds for patient, resident, visitor, and/or staff person use provided within the community center or accessory buildings shall be deemed the equivalent of one dwelling unit.

(3)

The minimum tract size for a retirement community shall be 30 acres.

(4)

Every lot shall have a lot width at the at the street line of not less than 250 feet.

(5)

A retirement community shall be developed and operated under the direction and control of a single owner or agent for the owner.

(6)

Not less than 40% of the total area in the tract shall be designated as and used exclusively for common open space. Otherwise, location, design and layout, and maintenance of common open space shall be in accordance with the requirements of Article XVIII.

(7)

There shall be a setback of 50 feet around the entire perimeter of the tract in which no structures shall be situated, except there shall be seventy-five-foot front setback.

(8)

Except as otherwise noted in this section or chapter, this use shall meet minimum area and bulk regulations for the applicable underlying district in which this use is located.

(9)

Site planning requirements for sanitary sewage disposal, water supply, storm drainage, erosion and sedimentation control, conservation of trees and natural features, and landscaping and buffers shall comply with the standards set forth in applicable sections of this chapter.

(10)

Assisted-living facility/personal care home.

(1)

The minimum lot size for this use shall be five acres.

(2)

Every lot shall have a lot width at the street line of not less than 250 feet.

(3)

The total usable floor area ratio shall not exceed 40%.

(4)

There shall be a setback of 50 feet around the entire perimeter of the tract in which no structures or roadways shall be situated, except there shall be seventy-five-foot front yard setback.

(5)

Not more than 60% of the area of any lot may be occupied by buildings, paving and other impervious cover. A minimum of 40% of the area of any lot must be "green" area. Of the 40% green area, a reasonable area is to be devoted to a park like area for the enjoyment of the residents of the facility, connected to the main buildings with walkways. Reasonable recreational facilities, such as paved walking paths, shall be provided for the residents. An outdoor landscaped sitting area shall be provided. The sitting area shall not be located on slopes of greater than 1% nor shall it be adjacent to parking lots, detention basins, or arterial or major collector streets unless adequate screening is provided.

(6)

All accessory structures shall be located in conformance with the primary building requirements herein specified, except where specific requirements for accessory buildings or structures are specified in this chapter.

(7)

For a single-building development, the building structure shall not exceed three stories and 45 feet in height, whichever is less. For a multiple-building development, the building structures shall not exceed three stories and 35 feet in height, whichever is less. No accessory building or structure shall exceed 20 feet in height.

(8)

Except as otherwise noted in this section or chapter, this use shall meet minimum area and bulk regulations for the applicable underlying district in which this use is located.

(9)

The Board of Supervisors may prescribe reasonable architectural requirements in keeping with the rural and historical character of the Township, the Brandywine Battlefield National Historic Landmark Planning Area, and the surrounding uses and environment in accordance with Article XII-a and including the following:

(a)

New construction shall have pitched roofs with overhanging eaves. Desired materials on pitched roofs include slate (either natural or man-made), shingle (either wood or asphalt composition), and metal formed to resemble "standing seams." Roof color should reflect local traditional use of color, and shall specifically exclude white, tan, blue, green or yellow shingles, red clay titles, and corrugated metal. The use of fascias, dormers, and gables is encouraged to provide visual interest.

(b)

Exterior wall materials may include stucco, wood clapboard, native stone, brick, or other material of a shape, color and texture similar to that found on historic structures in the vicinity. White, tan, or spray painted brick are specifically prohibited as are: "T-111" plywood siding, all forms of exposed concrete block, and metal buildings.

(c)

All facilities and equipment for heating/air conditioning, trash collection and compaction, loading docks and other structural elements not in keeping with historical architectural themes shall be concealed architecturally or otherwise screened from view from any public right-of-way or public space (including internal public spaces within a development).

(d)

Buildings shall be designed so as to visually articulate the line between the ground and upper level(s) with cornice, canopy, balcony, arcade, or other visual device. Traditional canvas awnings without interior illumination are encouraged.

(e)

Where provided, sidewalks shall be constructed of brick, concrete, concrete pavers, or concrete with brick boards; selection of paving material(s) shall be compatible with that existing or planned on neighboring properties. Other paving types may be used upon approval of the Board of Supervisors.

(f)

At the time of application for preliminary plan approval, an applicant shall provide drawings of sufficient detail to illustrate the general character of the intended exterior design of structures, including scale, height, roof pitch, relationship between varying facade elements, and principal exterior materials. The Township may require that material samples also be provided. It shall be the burden of the applicant to demonstrate that submitted architectural designs are consistent with and promote the purposes and standards set forth herein. Exterior design features may be modified during the final plan review process with any modifications subject to approval by the Board of Supervisors.

(10)

The Board of Supervisors may prescribe reasonable additional landscaping requirements in § 162-1908 in keeping with the rural and historical character of the Township, the Brandywine Battlefield National Historic Landmark Planning Area, and the surrounding uses and environment in conformance with Article XII-a.

(11)

(12)

Assisted-living facilities shall be licensed and operated in accordance with the Pennsylvania Department of Public Welfare. Licenses shall be clearly displayed and made available for inspection at all times. A license shall be obtained from the Department as a condition of issuing a use and occupancy permit by the Township.

Nursing home/long-term care facility. The following provisions shall apply to nursing homes:

(1)

Nursing homes shall follow requirements in Subsection B, above.

(2)

Nursing home facilities shall be licensed and operated in accordance with the Pennsylvania Department of Health. Licenses shall be clearly displayed and made available for inspection at all times. A license shall be obtained from the Department as a condition of issuing a use and occupancy permit by the Township.

§ 162-2034 Recreational use.

Recreational uses shall be permitted accordance with the following standards:

Noncommercial recreational uses or facilities.

(1)

Permitted uses. These uses include, but are not limited to, active or passive recreations uses such as parks, play fields, playgrounds, hiking paths, arboretums, conservation areas, wildlife sanctuaries, cross-country skiing, swimming pools, boating, horseback riding, fishing, foot, bicycle and bridle paths, picnic areas, tennis and other racquet game courts or any similar uses characteristically identified with open space areas, and of a noncommercial nature, in accordance with the following development standards:

(a)

Impervious cover for the use shall not exceed 20% of the lot area, including pedestrian or bicycle paths.

(b)

Active outdoor recreational facilities, including fields, courts, swimming pools, and playgrounds, shall be set back a minimum of 100 feet from the lot line of any residential district or use and shall be screened in accordance with § 162-1908. A minimum setback of 50 feet shall apply to such areas that are adjacent to nonresidential districts or uses.

(c)

Any improvements such as a structure, building, parking area, storage, loading or paved areas, but excluding foot and bicycle paths and necessary accessways to a public street, shall not be located closer than 50 feet to the lot line of any residential district or use. Otherwise, the setback requirements of the underlying district shall apply.

(2)

The minimum lot size for this use shall be three acres. Except as otherwise noted in this section or chapter, this use shall meet minimum area and bulk regulations for the applicable underlying district in which this use is located.

(3)

Noncommercial recreational uses or facilities shall adhere to the general development standards set forth in § 162-2034B.

(4)

Outdoor lighting. Outdoor lighting shall comply with the provisions of § 162-1910.

(5)

Seasonal or permanent rest rooms shall be provided for outdoor recreation uses.

Commercial recreational uses or facilities.

(1)

The standards under this subsection shall apply to such privately established recreational uses such as, but not limited to, country clubs, golf, swim, and tennis clubs, ice-skating rinks, theaters, and bowling alleys.

(2)

The following aggregate minimum lot areas (Table 20-1) shall be required based on each proposed use:

Table 20-1: Recreational Use Minimum Lot Area
Use	Minimum Lot Area (acres)
Golf course (per 9 holes)	50
Theater	3
Bowling alley	3
Outdoor swim or tennis club	6
Indoor tennis, racquetball, or ice rink	4
Riding stable	10

(a)

The minimum aggregate lot area for commercial recreational uses or facilities that are not listed above shall be determined by the application of standards herein as well as applicable regulations contained in Chapter 138, Subdivision and Land Development, and any other Township, county, state, or federal regulations, however no commercial recreational use shall have a lot size smaller than one acre.

(3)

Except as otherwise noted in this section or chapter, this use shall meet minimum area and bulk regulations for the applicable underlying district in which this use is located.

(4)

The area or square footage necessary for recreational facilities including, but not limited to, tennis courts, basketball courts, soccer fields, baseball fields, and swimming pools shall be based on the specifications set forth in National Park and Recreation Association guidelines, as amended.

(5)

Any improvements such as a structure, building, parking area, storage, loading, or paved areas, excluding foot and bicycle paths, and necessary accessways to a public street, shall not be located closer than 50 feet to any residential lot line, and shall be screened from any residential district or use in accordance with § 162-1908. Otherwise, the setback requirements of the underlying district shall apply.

(6)

Outdoor active recreation facilities including, but not limited to, tennis courts and swimming pools, which concentrates activities shall be set back a minimum of 100 feet from any residential lot line and shall be screened from any residential district or use in accordance with § 162-1908. A minimum setback of 50 feet shall apply to such areas that are adjacent to nonresidential districts or uses.

(7)

Auxiliary uses, such as a restaurant or banquet facilities, shall be restricted in their use to employees, patrons, members and guests of the principal use and shall be set back a minimum of 100 feet from any residential lot line and shall be screened from any residential district or use in accordance with § 162-1908.

(8)

General development standards.

(a)

A master plan for the entire tract of land shall be prepared as part of the application for a use under this section. The master plan shall provide sufficient data to ascertain the impact the facility will pose on the Township when it is complete.

(b)

Impervious coverage for the proposed use shall not exceed the maximum lot coverage standard of the applicable zoning district, and except as otherwise noted in this section, this use shall meet other minimum area and bulk regulations for in the applicable underlying district in which this use is located.

(c)

Lighting shall be in accordance with § 162-1910.

(9)

Campgrounds.

(a)

Campgrounds shall be developed under a plot plan for the entire site indicating driveways, sewage disposal facilities, evidence of sewage facilities by the authority having jurisdiction, type and method of water supply, and certification of approval of the plan by the Planning Commission.

(b)

Campgrounds may be a permanent, year-round installation; provided, however, that no campground user shall be permitted to remain in such camp ground for a period exceeding 30 days. The operator of the campground shall deliver to the Board of Supervisors written management procedures sufficient to assure compliance with the thirty-day time limit, satisfactory to the Board of Supervisors, which shall be made a condition of the zoning permit.

(c)

The use shall have direct access to a collector or arterial road, as defined by this chapter.

(d)

There shall be no more than one point of egress to each street on which the lot abuts.

(e)

The access shall be as specified in Article XIX.

(f)

No speaker or public address system shall be installed at such use that would cause sounds to emanate beyond the exterior of the premises.

(g)

At least one attendant shall be on duty at all times.

Where a golf course or other recreational use is proposed in conjunction with a club or lodge, § 162-2013 shall also apply.

Any noncommercial or commercial indoor recreational use which includes gun clubs, paintball, or similar loud target-oriented use shall be required to install soundproofing insulating resulting noise from such use from adjacent properties such that no noise from this use will be audible at the property line. Amphitheaters are prohibited.

§ 162-2035 Recycling collection center/recycling processing facility.

The following provisions shall apply to a recycling collection center or recycling processing facility as applicable:

A recycling collection center shall only be permitted as a municipal accessory use or in conjunction with an approved garbage transfer station or recycling processing facility.

A recycling processing facility shall only be permitted in the specific district(s) indicated in this chapter, and area and bulk requirements shall reflect that in the underlying district, unless otherwise specified in this section or chapter.

The following standards for the storage of recycled material shall apply to both recycling collection centers and recycling processing facilities.

(1)

Storage of materials shall be within containers that prevent the material from being carried from the work area or site by wind or water and shall prevent the inhabitation of vectors.

(2)

Stored materials shall be set back a minimum of 100 feet from an existing residential use or district. A minimum setback of 50 or the setback required by the underlying district, whichever is greater, shall be maintained from any other property line or street line.

(3)

Materials stored outdoors shall be properly screened so as not to be visible from adjacent streets or property. The storage of paper shall be within a fully enclosed building or trailer.

(4)

Except where special provision has been made for the disposal of household hazardous waste, hazardous waste included on the list of hazardous waste maintained by the Pennsylvania Department of Environmental Protection (PaDEP) shall not be disposed of at a recycling collection center or recycling processing facility.

(5)

Principal access to the site shall be from an arterial or collector road as defined by this chapter.

(6)

The following standards shall apply to recycling processing facilities:

(1)

Operation of a recycling processing facility shall at all times be in full compliance with the statutes of the Commonwealth of Pennsylvania, the Rules and Regulations of the PaDEP, and the provisions of this chapter. In the event that any of the provisions of this chapter are less restrictive than any present or future Rules or Regulations of PaDEP, the more restrictive regulations shall supersede and control.

(2)

Access to the site shall be limited to those posted times when an attendant is on duty. In order to protect against indiscriminate and unauthorized dumping, recycling processing centers shall be protected by locked barricades, fences, gates, or other means designed to deny access to the area at unauthorized times or locations. Such barricades shall be at least six feet high and shall be kept in good repair and maintained in a uniform color.

(3)

A working plan for clean up and control of litter shall be submitted to the Township. Blowing litter shall be confined to the work area and controlled through the provision of a fence with a minimum height of six feet, with openings not more than three inches by three inches along all boundaries.

(4)

Screening, consistent with the standards of § 162-1908, shall be required between the fence and the street line and property line.

(5)

Unloading of materials shall be continuously supervised by a facility operator.

(6)

When this use is combined with a transfer station, the separation of material shall be done so that the recycling process does not interfere with the prompt disposal of the municipal solid waste.

§ 162-2036 Residential conversion of a historic resource.

Residential conversion shall be subject to the following regulations:

This use shall be permitted in a historic resource that is a single-family detached dwelling and/or a barn, either of which can be converted by conditional use into two or more dwelling units.

Except as otherwise noted in this section or chapter, the minimum lot size and area and bulk regulations shall be as stated for a single-family detached dwelling in the applicable underlying district, unless the lot size or other condition is nonconforming at the time of application for a conditional use, in which case this special use for a historic resource may be considered and such nonconformance may continue. Additionally, however, as part of the conditional use process, residential conversion uses may be required to have an additional 10,000 square foot lot area per each additional dwelling unit, dependent on the number of additional units proposed and the minimum required density for a single-family detached dwelling in the underlying zoning district. This use shall also follow the requirements of Article XVII.

This special use, not otherwise permitted in the underlying zoning district, shall be principally contained within a Class I or Class II historic resource.

Single-family detached dwellings which are converted shall maintain the appearance of a detached dwelling with a single front entrance which the resulting units may share. Barns which are converted shall principally retain the appearance of a barn. Additional entrances may be placed on the side or rear of the structure. Exterior stairways and fire escapes shall be located on the rear wall in preference to either side wall and, in no case, on a front or side wall facing a street. Except as necessary for purposes of safety, there shall be no major structural change in the exterior of the building in connection with the conversion, except as otherwise noted in Subsection E, below. After conversion, the building shall retain substantially the same structural appearance it had before such conversion.

A historic resource shall not be increased in square footage by more than 25% of its existing floor area at the time of application.

The owner of the residential conversion shall reside in one of the dwellings as a principal residence.

All applicable Township Building Codes[1] and Chester County Health Department regulations and permit requirements regarding the installation of kitchen and bathroom facilities and septic systems must be followed and indicated on all plans. Approval by all applicable agencies is required prior to issuance of a zoning permit.

[1]

Editor's Note: See Chapter 78, Building Construction.

Separate cooking and sanitary facilities shall be provided for each dwelling unit.

Trash receptacles shall be screened so as not to be visible from the street or abutting properties except on scheduled pickup days.

Each converted structure shall have an outdoor recreation area of at least 200 square feet per dwelling unit. The recreation area shall not be located in the front yard or in the side or rear yard setbacks.

The following minimum floor area requirement shall be met:

Type of Unit	Minimum Floor Area (square feet)
Efficiency	400
1 bedroom	500
2 bedrooms	650
3 bedrooms	750

A minimum 120 square feet of floor area for each additional bedroom, den, family room, or recreation room shall be required.

Off-street parking spaces shall be screened from visibility from public streets and adjacent properties by fencing, walls, or natural vegetation in accordance with Article XIX, and as determined by the Historical Commission, Planning Commission, and Board of Supervisors. Parking shall be located so as not to detract from the historic appearance of the historic resource. Parking shall meet the requirements of Article XIX; provided, however, that the Board of Supervisors may, by conditional use approval, reduce the required parking for such use if the Board of Supervisors finds that the parking required is unnecessary and inconsistent with the preservation of the historic resource, appearance, or setting of the historic resource.

If the individual dwellings are proposed as condominium units, an approved homeowner association document which meets the applicable requirements of Article XVIII must be submitted.

§ 162-2037 Self-storage/mini-warehouse.

The following provisions shall apply to self storage/mini-warehouses:

Except as otherwise noted in this section or chapter, area and bulk regulations shall be as specified in the applicable underlying district in which this use is located.

Access shall be from an arterial or collector street as defined by this chapter.

The minimum aisle width between buildings shall be 24 feet.

The use shall be subject to review by police and fire officials regarding security and fire protection.

Storage of explosive, radioactive, toxic, highly flammable, or otherwise hazardous materials shall be prohibited.

No business activity other than leasing of storage units and the sale of packing materials incidental to the principal use shall be conducted on the premises.

Except as noted in Subsection H, below, all storage for this use shall be within enclosed buildings built on a permanent foundation of durable materials. Trailers, box cars or similar impermanent or movable structures shall not be used for storage.

Outdoor storage on the tract shall comply with the following requirements:

(1)

Outdoor storage of automobiles, boats, and recreation vehicles is permitted provided they are screened so as not to be visible from adjacent streets, residential uses or residential districts.

(2)

A maximum of 20% of the total site area may be used for such outdoor storage.

(3)

Stored vehicles shall not interfere with traffic movement through the complex.

The storage facilities complex shall be surrounded by a security fence. Vegetative screening, consistent with the planting requirements of § 162-1908, shall be provided between the fence and the street line and along property lines where the use is adjacent to any residential use or zoning district.

Mini-warehouse structures and associated outdoor storage areas shall not be located within the Flood Hazard District.

§ 162-2038 Shopping center and retail uses of 3,000 square feet or greater floor area.

A shopping center shall meet the following standards. These criteria shall also apply to any single proposed retail use of 3,000 square feet or greater in floor area:

The minimum lot size for a shopping center use and an individual retail use with a floor area of 10,000 square feet or more shall be three acres. The minimum lot size for an individual retail use of at least 3,000 square feet floor area but less than 10,000 square feet floor area shall be two acres. Area and bulk regulations shall be as specified in the underlying zoning district except as otherwise stated in this section or chapter.

Access shall be from an arterial road, as defined by this chapter.

Design and interior circulation shall be at a pedestrian scale and orientation as follows:

(1)

A pedestrian orientation shall be maintained and sidewalks or walking paths provided along all interior street frontages within this use and pedestrian access to sidewalks on or adjacent to the property on which this use is located shall be provided.

(2)

Proposed development shall be designed to complement the historic character of a village in the Township in regard to building placement, style, bulk, construction materials, and site design.

(3)

The use of a traditional grid street pattern or one that is similar in nature to the existing village development pattern in the Township is the preferred design of new roads for this use. The use of curvilinear streets and culs-de-sac is strongly discouraged.

(4)

Off-street parking shall be located to the side or rear of buildings.

(5)

The removal of mature trees and site vegetation shall be minimized as per Article XV.

(6)

Every effort should be made to locate new structures taking into account existing site features, the traditional development patterns of villages within the Township, and in such a manner as to minimize changes to the existing contours and original topography of the site.

This use, including parking and service areas, shall be fully buffered from all adjacent residential uses and districts as per the screening and buffering requirements for commercial uses in Article XIX.

Interior roadways for access and circulation shall be provided in accordance with the standards in Article XIX and Chapter 138, Subdivision and Land Development.

Establishments furnishing shopping carts shall provide defined areas on the site for the storage of such carts that shall be clearly marked and designed for such use.

Trash receptacles for patron use shall be provided outside of any establishment with take-out service or convenience shopping.

The shopping center use and an individual retail use with a floor area of 10,000 square feet or more shall contract with a security firm to provide on-site security.

§ 162-2039 Single professional office in a historic resource.

The following provisions shall apply to a single professional office in a historic resource:

This special use, not otherwise permitted in the underlying zoning district, shall be principally contained within a Class I or Class II historic resource.

In granting a conditional use, with the recommendation of the Historical Commission the Board of Supervisors shall be authorized to require the granting of facade easements and regulating or limiting the hours of operation of the business.

The historic resource shall not be increased in square footage by more than 25% of its existing floor area at the time of application.

The maximum number of persons occupying the historic resource during any portion of the day for the purpose of performing the business for which the office is used shall not be greater than one person per 500 square feet of floor area.

Trash receptacles shall be screened so as not to be visible from the street or abutting properties except on scheduled pickup days.

§ 162-2040 Temporary structure or use.

The following provisions shall apply to temporary uses and temporary structures:

The following temporary uses and/or structures shall be permitted:

(1)

Offices for contractors on the site and during the period of construction only.

(2)

Sales offices for new residential development to be removed upon the conclusion of the final sales in the development.

(3)

Temporary housing for residents displaced from the principal residence due to damage which has made the structure uninhabitable while the principal dwelling is being repaired.

(4)

Temporary shelter for business operations that have been displaced from the principal building due to damage which has made the principal structure unusable while the principal structure is being repaired.

(5)

Bloodmobile, mobile medical testing facility and similar activities related to the promotion of public health.

(6)

Mobile office of the armed forces of the United States for public education or recruitment.

(7)

Mobile headquarters for political campaigns for a period not to exceed three months.

(8)

Short-term seasonal sale of plants and flowers (e.g., Christmas trees, holiday plants, and Mother's Day flowers). Permits for this use shall be limited to a period of two weeks, except for Christmas trees, which shall be limited to a period of six weeks. Sale of farm products shall be governed by the applicable provisions of § 162-2002.

(9)

A temporary community event, including but not limited to flea markets, public exhibitions, auctions, carnivals, circuses, nonprofit fund-raising events, and similar temporary uses. Permits for such uses shall be limited to a period of two weeks and not more than four occurrences in one calendar year for each organization.

(10)

Temporary outdoor portable storage unit, such as a POD®.

(11)

Other temporary uses or structures of a similar nature to those listed above as determined by the Zoning Officer.

Permits for temporary uses and structures.

(1)

A temporary use and occupancy permit shall not be required for uses listed in Subsection A, above, that are in place for three or more consecutive days.

(2)

Length of permit.

(a)

Unless otherwise specified in Subsection A, above, temporary uses and temporary structures shall exist for a period not more than six months. Temporary use and occupancy permit may be renewed twice for an additional six-month period per extension.

(b)

At the expiration date of a temporary use and occupancy permit, the use shall cease. In the case of a temporary structure, the structure shall be totally removed within five days of the expiration date of the temporary permit.

(3)

Where necessary as determined by the Zoning Officer, the applicant shall provide plans or information to ensure adequate parking, emergency access, road access, sanitary facilities, refuse collection, and cleanup after the event.

§ 162-2041 Timber harvesting operation/forestry.

A proposed timber harvesting operation shall be in compliance with the applicable provisions of Article XV, Natural Resource Protection Standards, the stormwater management and erosion control standards of Chapter 138, Subdivision and Land Development, and any other applicable Township, county, or state regulation.

§ 162-2042 Transfer station, trash.

The following provisions shall apply to a transfer station:

The minimum area and bulk regulations shall be as specified in the applicable underlying district in which this use is located.

Environmental controls.

(1)

Operation of a transfer station shall be in full compliance with the statutes of the Commonwealth of Pennsylvania, the Rules and Regulations of the Department of Environmental Protection (PaDEP), and the provisions of this chapter. In the event that any of the provisions of this chapter are less restrictive than any present or future Rules or Regulations of PaDEP, the more restrictive regulations shall supersede and control.

(2)

Leachate from the municipal solid waste and water used to wash vehicles or any part of the operation shall be disposed of in a manner in compliance with PaDEP regulations. If the leachate is to be discharged to a municipal sewage treatment plant, appropriate permits shall be obtained from the applicable agencies and authorities. In no event shall the leachate be disposed of in a storm sewer, to the ground, or in any other manner inconsistent with PaDEP regulation.

(3)

Open burning of any materials shall be specifically prohibited.

Litter control and buffering.

(1)

A working plan for cleanup and control of litter shall be submitted to the Township. Blowing litter shall be confined to the work area and controlled through the provision of a fence with a minimum height of eight feet and a maximum height of 10 feet, with openings not more than three inches by three inches along all boundaries.

(2)

Buffering, consistent with the standards of § 162-1908, shall be required between the fence and the street line and property line.

Access to the site shall be limited to those posted times when an attendant is on duty. In order to protect against indiscriminate and unauthorized dumping, every transfer station shall be protected by locked barricades, fences, gates, or other means designed to deny access to the area at unauthorized times or locations. Such barricades shall be at least eight feet high but no more than 10 feet high and shall be kept in good repair and maintained in a uniform color.

The entire transfer process, which includes unloading, compaction, and loading onto the transfer trucks, shall occur inside a building. Unloading of materials shall be continuously supervised by a facility operator.

Storage of solid waste on-site.

(1)

Municipal solid waste shall not remain on the site for more than 72 hours.

(2)

At the end of each workday, all municipal solid waste shall be compacted in a transfer container. Oversized items and items that cannot be compacted because of their size or construction shall be stored in the building. These items shall not remain on the site for more than 15 days.

A contingency plan for disposal of municipal solid waste during a plant shutdown must be submitted to the Township and approved by the Board of Supervisors.

A transfer station may include the separation and collection of material for the purpose of recycling if the standards of § 162-2035 for a recycling collection center are met.

§ 162-2043 Transitional housing.

The following provisions shall apply to transitional housing:

Transitional housing shall not be permitted within a 1,000-foot radius of another transitional housing facility in order to avoid concentration of such facilities.

Transitional housing occupancy shall not exceed a maximum of five individuals being provided services plus resident staff. Support staff not residing at the facility shall not be included in this maximum number.

Transitional housing shall be permitted in single-family detached residential buildings and shall comply with the applicable provisions of the Township Building Code.[1]

[1]

Editor's Note: See Ch. 78, Building Construction.

When proposed within an existing residential dwelling, the transitional housing facility shall have no external alterations except as may be necessary for reasons of safety, including fire escapes. Such access shall be located to the rear of the building where practical. The applicant shall submit plans indicating exterior changes. All changes shall be easily converted to a typical residential use. Except as otherwise noted in this section, this use shall meet other minimum area and bulk regulations for the existing residential dwelling in the applicable underlying district in which this use is located.

Transitional housing shall be provided with twenty-four-hour live-in supervision.

Transitional housing must be sponsored and operated by a group, organization, or corporation licensed by either the county or state. Proof of licensing shall be submitted with applications for a transitional housing facility. Proof of compliance with all applicable county or state regulations shall be furnished to the Township prior to conditional use approval.

This use shall meet minimum area and bulk regulations for the residential use in the applicable underlying district in which this use is permitted.

Proof of required licensing and compliance with all applicable state and county regulations for the proposed facility shall be furnished to the Zoning Officer prior to granting of a zoning permit.

§ 162-2044 Veterinary clinic and/or kennel.

These provisions shall apply to kennels, as defined in this chapter, and to veterinary clinics where such uses maintain outdoor exercise yards or provide boarding kennels as part of their services:

The minimum area and bulk regulations for a veterinary clinic without a kennel shall be as specified in the applicable underlying district. The minimum lot area for a veterinary clinic with a kennel shall be 1.5 acres. All other area and bulk regulations from the applicable underlying district shall apply unless otherwise specified in this section or chapter.

No animal shelter or outdoor exercise yard shall be located closer than 100 feet to any residential building other than the owner's.

Outdoor exercise yards shall be entirely fenced to prevent animals from leaving the property. Animals shall be placed inside an enclosed building after 6:00 p.m., prevailing time, and shall remain inside until 7:00 a.m., prevailing time, except for outdoor bathroom walks as needed.

The sale and storage of related products shall remain accessory to the veterinary clinic or kennel and shall occupy no more than 20% of the floor area of the principal building.

All such uses shall meet all applicable Pennsylvania state licensing and codes.

There shall be no outdoor storage of materials unless screened from adjoining properties in accordance with §§ 162-1908 and 162-1909.

§ 162-2045 Solar energy systems.

[Amended 7-20-2022 by Ord. No. 2022-07-20-1]

Purpose. It is the purpose of these regulations to promote the safe, effective, and efficient use of solar energy systems to reduce the consumption of nonrenewable utility-supplied energy, heat, hot water, or any combination of the above, while protecting the health, safety, and welfare of the residents of the Township, and while protecting adjacent land uses through appropriate zoning and land-use controls. Where, in the course of reviewing a permit or conditional use application for any solar energy system, it is deemed advisable for the Township to retain the services of the Township Engineer or any other consultant, all reasonable costs for such services shall be borne by the applicant.

Exempt devices. The following devices are exempt from the requirements of § 162-2045 and are permitted by right and without a permit in all zoning districts:

(1)

Solar panels not exceeding two square feet in area that supply energy to a single device or appliance (e.g., landscape lighting and fountains).

(2)

Solar panels and collectors designed, used as, and having the appearance of roof sheathing materials, including shingles, tiles, and cedar shakes.

Accessory solar energy systems. An accessory solar energy system shall be permitted in all zoning districts either by right or by conditional use as set forth below.

(1)

Accessory solar energy systems permitted by right. Roof-mounted accessory solar energy systems, which have no solar panels or solar system appurtenances located on any part of the roof facing a street or visible from a street adjacent to the property, shall be permitted in all zoning districts as a by right accessory use, subject only to proper permitting and compliance with all applicable criteria and standards set forth in Subsection D below.

(2)

All accessory solar energy systems that do not meet the criteria for by right systems set forth above, including all ground-mounted accessory solar energy systems, shall be permitted only by conditional use in all zoning districts.

Criteria and standards. The following criteria and standards shall apply to all solar energy systems unless the text clearly specifies otherwise. Compliance with the criteria and standards shall be demonstrated by submission of information and documentation with the building permit application or conditional use application and evidence presented to the Code Enforcement Officer or at the conditional use hearing, as applicable. For additional guidance on the submission of applications and compliance with criteria and standards, refer to the Roof-Mounted Solar Energy System Checklist, the Checklist for Conditional Use Application for Ground-Mounted Solar Energy System or Other Solar Energy System that is not a By-Right System, and the Procedure for Conditional Use Application, which are available on the Pennsbury Township website, www.pennsbury.pa.us.

(1)

Design and permitting. The design and installation of the solar energy system shall conform to applicable industry standards, such as those of the American National Standards Institute, Underwriters Laboratories, the American Society for Testing and Materials, or other similar certifying organizations, and shall comply with the Building Code and with other applicable codes and fire and life safety requirements adopted as of the time of application. A zoning permit, building permit and other permits (e.g., electrical, mechanical) in accordance with the Building Codes adopted as of the time of application shall be required. Applicable manufacturer specifications shall be submitted as part of any permit applications along with any other documentation requested by the Zoning Officer or Building Official necessary to prove compliance with the standards set forth in this § 162-2045 and any other applicable provisions of this chapter. In addition:

(a)

All applications for roof-mounted systems shall:

[1]

Include a structural certification from a structural engineer stating that the roof can handle the additional loads imposed by the roof-mounted solar array; and

[2]

Be submitted to the Fire Code Official for review and approval.

(b)

All applications for ground-mounted systems shall include a topography survey, including contour lines, that shows where the proposed system is to be located.

(2)

Individual net metering. The accessory solar energy system must be an individual net metering system as defined in § 162-202 or a system that is not connected to the power grid and exclusively serves the energy needs of the property on which the system is located.

(3)

Grid interconnection. Applicants for a solar energy system connected to the utility grid shall provide written authorization from the local utility company acknowledging and approving such connection.

(4)

Electrical lines. All electrical lines from the solar energy system to any building and/or other structure shall be encased and located underground.

(5)

Glare. Solar collectors shall be manufactured and installed so as to prevent glare or concentrated solar radiation from being directed onto other properties or streets. Antireflective surface materials or coatings shall be used to preclude glare to the extent feasible.

(6)

Class 1 or Class 2 Historic Resources. If a solar energy system is proposed to be located within 500 feet of any Class 1 or Class 2 Historic Resource, such system shall be subject to review and recommendation by the Historical Commission on the impact on the historic resource.

(7)

Solar access easements. A solar energy system shall be located to ensure solar access without reliance on adjacent properties. Where necessary to ensure that solar access to a solar energy system shall not be obstructed over time by permissible uses or activities on any adjacent property (i.e., by planting or growth of vegetation, new construction, etc.), it shall be the responsibility of the owner of the solar energy system to obtain appropriate solar access easement(s) from neighboring property owner(s) and to notify the Township upon the recording of any such easement(s). All solar access easements shall be recorded in the chain of title of both the property where the system is located and the adjacent property in the Office of the Recorder of Deeds of Chester County.

(8)

Area and bulk regulations and setback requirements.

(a)

Accessory solar energy systems. Ground-mounted accessory solar energy systems shall meet the setback requirements of § 162-2045D(10)(b) and (c) below. The maximum height of a ground-mounted solar energy system and all solar system appurtenances shall be 10 feet above the ground elevation surrounding the system.

(b)

Principal solar energy systems. Principal solar energy systems shall meet all area and bulk regulations and the setback requirements of the LI District for principal uses, except that the maximum height of a ground-mounted solar energy system and all solar system appurtenances shall be 10 feet above the ground elevation surrounding the system.

(9)

Roof-mounted systems.

(a)

The placement and location of the solar panels shall comply with all codes adopted as of the time of the application, including but not limited to those related to fire protection and access by fire personnel.

(b)

A roof-mounted solar energy system may exceed, by no more than four feet, the applicable building height or accessory building height limitation, but shall not exceed the height of the ridgeline of any sloping roof upon which it is mounted.

(10)

Ground-mounted systems.

(a)

The combined surface area of all solar panels shall be 750 square feet or less.

(b)

All solar panels and solar system appurtenances shall be located a minimum of 100 feet from all lot lines and the street line.

(c)

All solar panels and solar system appurtenances that are located less than 150 feet from any lot line shall be screened from view from adjacent properties and the street by an all-season landscape buffer.

(11)

Visual impact, mitigation. The applicant shall present site drawings and other material to demonstrate the visual impact of the solar energy system when viewed from adjacent properties and streets. Visual mitigation may include demonstration of the following:

(a)

Roof-mounted systems.

[1]

That the visual impact(s) of the system is (are) mitigated by distance from point of view of nearby properties or streets; and/or

[2]

That the system is designed as an integral part of the architecture of the roof or is reasonably screened from view due to concealment by architectural treatment of the roof (e.g., intervening parapet or gables) or by existing topography and/or landscaping.

(b)

Ground-mounted systems.

[1]

That the system is adequately screened from view due to the presence of existing topography and/or vegetation that provides an adequate visual buffer;

[2]

That the applicant will screen the proposed system adequately from view through introduced landscaping; and/or

[3]

That the visual impact(s) of the system is (are) mitigated by distance from point of view of nearby properties or streets.

(12)

Impervious surface. All at-grade or above-grade features and facilities relating to ground-mounted solar energy systems, including solar system appurtenances, shall be considered impervious surface and shall be subject to all applicable stormwater management regulations for introduction of additional impervious surface.

(13)

Lot coverage. The footprint of a ground-mounted solar energy system shall be calculated as part of the overall lot coverage.

(14)

Removal of trees. The removal of trees to locate a solar energy system and/or increase the efficiency of the system shall be in compliance with § 162-1503, Natural resource protection.

(15)

Safety and security of principal solar energy systems.

(a)

Safety warnings. A clearly visible warning sign concerning voltage shall be placed at the base of all pad-mounted transformers and substations or fences, pursuant to applicable state and federal safety warning standards.

(b)

Security. All access doors to electrical equipment for principal solar energy systems shall be locked or fenced, as appropriate, to prevent entry by nonauthorized personnel.

(16)

Abandonment or disrepair. If the solar energy system is ever abandoned or enters into a state of disrepair, it shall be the responsibility of the property owner to remove the solar energy system or return it to proper maintenance within six months from the date the system enters such a state or notification from the Township.

(17)

Decommissioning. If a ground-mounted solar energy system is ever removed, any earth disturbance as a result of the removal shall be graded and reseeded to the satisfaction of the Township. If required by Chapter 94, Land Disturbance, as amended, a land disturbance permit shall be applied for and obtained from the Township.

§ 162-2046 Water processing and distribution.

[Added 6-20-2018 by Ord. No. 6-20-2018-1]

Water processing and distribution uses must comply with the following standards:

Water for use in the processing, filtration, purification, bottling, packaging and distribution must be sourced from a municipal authority or a public utility. Water provided from ground or surface waters not supplied by a municipal authority or public utility is not permitted.

A minimum of 10 contiguous acres of gross lot area shall be required.

The applicant shall obtain and provide to the Township all permits and approvals required by local, state and federal regulatory agencies.

The use shall be served by public or community sanitary sewage facilities or, if public or community facilities are not reasonably accessible to the site, on-site sanitary sewage facilities; both approved by the Chester County Health Department and the Pennsylvania Department of Environmental Protection.

All operations, equipment and storage (other than vehicular loading/unloading and movements) shall be located inside buildings.

The perimeter of the property shall be completely enclosed by a security fence.

All utility connection shall be installed underground, unless otherwise required by the utility company or authority providing service.

All means of ingress and egress shall be located at least 300 feet from any street intersecting the street fronting the property and shall be designed and maintained to accommodate traffic in a safe and efficient manner. The applicant shall be responsible for all road and traffic improvements, including traffic signals, that may be required by the Pennsylvania Department of Transportation or the Township.

In addition to demonstrating compliance with §§ 162-2049A through H and 162-2308A, the conditional use application shall include the following:

(1)

A Community Impact Assessment in compliance with § 138-405 of Chapter 138, Subdivision and Land Development.

(2)

An Environmental Impact Assessment in compliance with § 138-406 of Chapter 138, Subdivision and Land Development.

(3)

A Traffic Impact Study in compliance with § 138-409 of Chapter 138, Subdivision and Land Development.

(4)

A preliminary grading plan identifying the limits of disturbance, preliminary grading and approximate final elevations.

(5)

Each of the studies and reports required by this § 162-2409I shall include measures that will be implemented to mitigate the adverse impacts of the use. The applicant shall be responsible to implement the mitigation measures and for the cost of mitigation.