The provisions of this article represent regulations and standards that are common to all zoning districts. Unless exempted by applicable provisions or specified limitations, the following supplemental regulations shall apply to all by-right uses and uses permitted by special exception or conditional use. In the event that the provisions of this article conflict with other provisions of this chapter, the more restrictive provision shall apply.
The following restrictions shall apply in all districts in which accessory uses are permitted:
A.
General requirements.
(1)
Commercial and industrial uses. No accessory use shall be conducted or accessory structure erected within 35 feet of any street line or in the front yard of any property in a commercial or industrial district. Recreational facilities for the use of employees shall be permitted, but shall be located in a landscaped area and set back 50 feet from any street line.
(2)
Only residential activities or those specifically enumerated in this chapter shall be permitted in a residential zone or those specifically enumerated, except those permitted by home occupation regulations of this chapter.
(3)
Nothing in this section shall be construed to limit other uses not mentioned as long as they are clearly accessory to the principal permitted use of the land and do not create a threat to the public health, safety, or welfare of the community.
(4)
The footprint of any accessory use shall not exceed the footprint of the primary use/structure found on a property.
B.
Uses accessory to agriculture. The following uses shall be permitted when incidental and subordinate to an agricultural use and when located on the same lot or tract as the principal agricultural use:
(1)
Storage of farm products and farm machinery.
(2)
Barns, silos, and stables sheltering livestock, poultry and farm products.
(3)
Preparation of agricultural products produced on the premises.
(6)
Secondary farm family business.
(a)
A maximum of three 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.
(b)
Secondary farm businesses may include, but are not limited to the following:
[1]
Sales of seeds, chemicals, and fertilizers related to agricultural uses;
[2]
Facilities for the assembly, manufacturing, sales, repair, and service of agriculturally related equipment and supplies;
[3]
Blacksmith or farrier shop;
[4]
Cattle or grain hauling;
[5]
Grain mills or portable grinding mills;
[6]
Processing of locally-produced agricultural produce;
[7]
Manufacturing and sales of crafts; and
[8]
Other uses similar in character to those listed above.
C.
Uses accessory to residential. The following uses shall be permitted when incidental and subordinate to an existing residential use, and when located on the same lot or tract as the principal use:
(1)
Private garage, off-street parking, or driveway.
(2)
Private swimming pools, in accordance with § 129-1339, pool house, and tennis or similar sport courts.
(4)
Home occupation, when approved as a special exception, pursuant to the provisions of § 129-1318.
(6)
Patio, deck, shed, or gazebo for passive outdoor use.
(7)
Garage sales or yard sales shall be subject to the following provisions:
(a)
Such uses 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 longer than three consecutive days.
(b)
Signs advertising garage and yard sales shall be posted no more than five days prior to the first day of the sale and shall be removed on the final day of the sale. No more than five off-premises signs shall be permitted to advertise the sale. Such signs shall only be placed with the permission of the applicable property owners.
(8)
Parking or storage of commercial vehicles.
(a)
The outside, nightly parking or storage of commercial vehicles shall be limited to one vehicle, not to exceed 11,000 pounds gross vehicle weight rating (GVWR). In no case shall the vehicle height, whether with or without cargo, be in excess of 10 feet above finished grade.
(b)
One additional commercial vehicle shall be permitted if parked inside a garage, an enclosed structure, or a parking space screened from view at the street or property line.
(9)
Flagpole.
D.
Uses accessory to commercial and industrial. The following uses shall be permitted when incidental and subordinate to an existing commercial use, and when located on the same lot or tract as the principal use:
The following restrictions shall apply in all residential districts in which accessory buildings or structures are permitted:
A.
Accessory buildings and structures shall be located, erected and maintained in side or rear yard areas only, and shall not be located in front yards. Minimum setbacks for buildings and structures shall be dependent upon the type of activity proposed as follows:
(1)
Those structures serving such active uses as swimming, tennis, and riding rings shall be located within the required minimum yard setbacks and in no case shall be set back less than 25 feet from the side or rear property lines.
(2)
Those structures serving such passive uses as garages, storage sheds, pet shelters (except as noted below) and greenhouses shall be set back a minimum of 10 feet from the side and rear property lines.
B.
Neither the side nor the rear yard shall have more than 20% of its area covered by accessory buildings and structures.
Adult entertainment uses shall be permitted when in accordance with the following standards:
A.
The following location standards shall be met:
B.
Signs and visible messages in accordance with 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; and
(3)
Messages which are visible or intended to be visible from outside the property, such as on or within the doors or windows, shall not display materials, items, publications, pictures, films, or printed material available on the premises.
C.
Adult entertainment uses require a conditional use approval from the Board of Supervisors prior to commencement of operation. An application for such a conditional use approval shall include:
D.
Should any adult entertainment use cease or discontinue operation for a period of 90 or more consecutive days, it shall not resume, nor may it be replaced by another adult entertainment use unless said use complies with the requirements of this section.
E.
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.
The following restrictions shall apply in all districts in which agriculture is permitted:
A.
General requirements.
(1)
The minimum size of an agricultural tract other than the growing of a crop, or intensive agricultural use shall be 10 acres.
(2)
No farm building or any other outbuilding shall be constructed closer than 50 feet to any property line or closer than 100 feet to any existing dwelling not on the property on which the farm building or outbuilding is erected.
(3)
All grazing or pasture areas shall be fenced.
(4)
Agricultural lots shall be graded so that animal wastes are confined, stored or disposed of within the lot on which they originate, and are not directed to any designated floodplain, stream or other body of water.
(5)
The keeping of a horse or horses for the personal recreational use of the occupants of a single-family detached dwelling is a recognized accessory use, provided the following requirements are met:
(a)
No horse shall be maintained, stabled, or pastured as an accessory use to a single-family detached dwelling unless the horse is used as a primary means of transportation the minimum lot size of two acres is provided.
(b)
More than one horse may be stabled or maintained and/or pastured on a property, provided they are for the personal recreational use of the occupants of [said home] a single-family detached dwelling and provided that additional acreage of one acre for each and every horse over and above one shall be provided.
(c)
A lot used for said purpose shall not have a manure storage pile located closer than 100 feet to any property line.
(6)
A lot for the raising, maintenance or breeding of livestock or poultry (excluding pets such as dogs, cats, rabbits and the like and excluding the maintenance of horses for the personal recreational use of the occupants of the principal dwelling) shall not be less than five acres, and on such lot no structure used for the housing of livestock or poultry or an area or structure used for the storage of manure shall be located closer than 100 feet to any property line.
(7)
There is a limit in all residential zones on the keeping of domestic pets based upon lot size.
(a)
For lots less than 1/2 acre, two domestic pets are permitted.
(b)
For lots over 1/2 acre but less than one acre three domestic pets are permitted.
(c)
For any residential zone, no lot regardless of size shall be permitted to have more than 10 domestic pets.
(d)
To have more than 10 domestic pets you must be in a commercial district.
(8)
Keeping of chickens is permitted in all zones where the lot size is 1/2 acre or greater, subject to the following standards:
(a)
All chicken coups will be behind the rear wall of the primary structure and completely screened from the street.
(b)
No coup shall be placed outside of the setbacks set forth in the zoning districts in which they are placed.
(c)
No more than four chickens per 1/2 acre of land are permitted with a maximum of 12 chickens on any one property.
(d)
Roosters are expressly forbidden.
B.
Sale of farm products. The display and sale of farm products shall be permitted, provided that:
(1)
At least 50% of such products shall have been produced on the property on which they are offered for sale.
(2)
Temporary roadside stands may be erected for the sale of garden products and garden commodities produced on the same property where offered for sale, provided:
(a)
No building or structure other than a portable stand shall be constructed for such sale.
(b)
Such stand shall be removed during seasons when such products are not being offered for sale and in no case shall it remain longer than for a period of six months of any one year.
(c)
Such stand shall not be placed closer than 25 feet to any lot line or 30 feet from any right-of-way line.
(d)
Provisions for safe egress and ingress shall be provided in accordance with § 129-1404C, herein.
(e)
A minimum of three parking spaces, or one space for each 300 square feet of building floor area, whichever is greater, shall be provided behind the street right-of-way line.
C.
Secondary farm family business.
(1)
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.
(2)
A secondary farm family business shall only be permitted on a working farm of at least 20 acres in size.
(3)
Secondary farm family businesses may include, but are not limited to the following:
(a)
Sales of seeds, chemicals, and fertilizers;
(b)
Facilities for the manufacturing, sales, repair, and service of agriculturally related equipment and supplies;
(c)
Custom work;
(d)
Blacksmith or farrier shop;
(e)
Cattle and grain hauling;
(f)
Butcher shops;
(g)
Grain mills or portable grinding mills;
(h)
Processing of locally produced agricultural products;
(i)
Veterinary offices that primarily serve farm animals, sales, and supplies;
(j)
Manufacturing and sales of crafts; and
(k)
Other uses of similar character to those listed above.
The following restrictions shall apply to all districts in which veterinary clinics or office, or animal hospitals are permitted:
A.
Each animal hospital or veterinary clinic shall have all outdoor exercise yards entirely fenced to prevent animals from leaving the property. Exercise yards shall be set back a minimum of 100 feet from front, side, and rear lot lines. All accessory buildings and structures shall be set back a minimum of 25 feet from rear and side property lines.
B.
There shall be one off-street parking space per employee, plus one space per waiting room seat.
C.
The sale of related products shall remain accessory to the animal hospital or veterinary office, and shall occupy no more than 25% of the floor area of the principal building.
D.
There shall be no outdoor storage of materials.
The following restrictions shall apply in all districts in which antennas or communication towers are permitted:
A.
Radio or television antenna.
(1)
The structure shall meet all yard requirements of the zoning district in which it is located. No portion of the base of a freestanding antenna shall be located closer to any lot line than the height of the antenna.
(2)
Where applicable, structures shall comply with Federal Communications Commission (FCC) regulations and Chapter 56, Construction Code, Uniform.
(3)
The highest point of an antenna attached to a building shall not exceed the peak of the roof by more than 15 feet.
(4)
When mounted on a freestanding tower, the highest point of the tower and antenna shall not exceed 50 feet.
(5)
No more than one antenna, freestanding or otherwise, shall be permitted per lot.
(6)
The following standards shall apply to microwave dish antennas:
(a)
All microwave dish antennas shall remain accessory to the principal use of the lot.
(b)
When roof or wall mounted, the dish antennae in excess of 24 inches shall be located on a portion of the wall or roof facing away from the front of the lot. No portion of a microwave dish antenna shall project above the ridgeline of the roof or be visible from the front of the lot. Mounting materials and methods shall comply with Chapter 56, Construction Code, Uniform.
(c)
When freestanding (not roof-mounted), the following standards shall apply:
[1]
The dish antenna shall be located only in the rear yard area of a lot, and shall be set back a minimum of 10 feet from any property line.
[2]
The total height of the microwave antenna and supports shall not exceed 10 feet.
(d)
No more than one microwave dish antenna shall be permitted on any lot.
B.
Commercial communications antenna.
(1)
The following standards shall apply to the location of such antennas and associated uses.
(a)
A cell site with antenna that is attached to an existing communications tower, smokestack, water tower, or other tall structure in any zoning districts shall not exceed the height of the existing structure by more than 15 feet; otherwise, Subsection B(1)(b) herein shall apply. If the antenna is to be mounted on an existing structure, a full site plan shall not be required.
(b)
A cell site with antenna that is either not mounted on an existing structure or is more than 15 feet higher than the structure on which it is mounted shall be permitted only as a conditional use in the industrial district or by right on property owned by or under the control of Sadsbury Township.
(c)
All other uses ancillary to the antenna and associated equipment (including a business office, maintenance depot, vehicle storage, etc.) are prohibited from the cell site, unless otherwise permitted in the zoning district in which the cell is located.
(d)
If located on the same lot with another permitted use, the antenna shall not be located in the front or side yard. This requirement shall not apply to an antenna mounted on an existing structure.
(2)
Standards of approval applicable to all commercial communication antennas.
(a)
Height. The applicant shall demonstrate that the antenna is the minimum height required to function satisfactorily, which in no case shall exceed 150 feet.
(b)
Setbacks. If a new antenna structure is to be constructed, the minimum distance between the base of the support structure or any guy wire anchors and any property line shall be equal to or greater than the antenna height, as defined herein.
(c)
Structure safety. The applicant shall demonstrate that the proposed antenna and support structure are:
[1]
Safe;
[2]
Designed and built in accordance with Chapter 56, Construction Code, Uniform and other applicable codes and standards; and
[3]
That the surrounding areas will not be negatively affected by support structure failure, falling ice or other debris, electromagnetic fields, or radio frequency interference;
[4]
All support structures shall be fitted with anticlimbing devices, as approved by the manufacturer.
(d)
Fencing. A fence shall be required around the antenna support structure and other equipment, unless the antenna is mounted on an existing structure. The fence shall be eight feet in height.
(e)
Landscaping. Landscaping shall be required to screen and maintain, as much of the support structure, fence and other ground level features as possible. A combination of existing vegetation, topography, walls, decorative fences, or other features may be permitted if they achieve the same degree of screening as required below:
[1]
An evergreen screen consisting of either a hedge planted three feet on center maximum or evergreen trees planted 10 feet on center maximum.
[2]
Existing vegetation on and around the site shall be preserved to the greatest extent possible.
[3]
If the antenna is mounted on an existing structure, such landscaping shall not be required.
(f)
Shared use. To reduce the number of antenna support structures needed in the community in the future, the proposed support structure shall be required to accommodate other users, including other commercial communication companies, and local police, fire, and ambulance companies.
(g)
Licensing. The commercial communications company must demonstrate that it is licensed by the FCC.
(h)
Parking. If the cell site is fully automated, adequate parking shall be required for maintenance workers; if the site is not automated, the number of parking spaces shall equal the number of people on the largest shift.
(i)
Painting. Support structures shall be painted or have a galvanized finish to reduce visual impact. Painting of support structures shall meet all Federal Aviation Administration (FAA) regulations.
(j)
No antenna support structure shall be artificially lighted except as required by the FAA; and such lights shall be shielded so as to reduce intrusion upon nearby properties.
(k)
Site plan requirements.
[1]
A site plan conforming to the requirements of Chapter 109, Subdivision and Land Development, shall be required for all cell sites proposing a new structure or antenna 15 feet or higher than the existing structure on which it is mounted. The site plan shall show the antenna, antenna support structure, building, fencing, buffering, grounding, and all other items required by Chapter 109, Subdivision and Land Development, and shall meet all requirements of this chapter for the district in which it is located.
[2]
The site plan shall not be required if the antenna is to be mounted on an existing structure and is less than 15 feet higher than the existing structure. In such cases, information necessary for the applicable zoning permit and building permit shall be provided.
[3]
Standards for commercial communication antenna requiring conditional use approval.
[a]
The commercial communications company is required to demonstrate, using technological evidence, that the antenna must be located where it is proposed in order to satisfy its function in the company's grid system, and demonstrate that there is a need for this facility in the community where it will be placed.
[b]
If the commercial communications company proposes it build a tower, as opposed to mounting the antenna on an existing structure, it is required to demonstrate that it contacted the owners of all tall structures within a one-quarter-mile radius of the site proposed, asked for permission to install the antenna on those structures, and was denied for reasons other than economic ones. Tall structures shall include smokestacks, water towers, tall buildings, antenna support structures of other communications towers (fire, police, etc), and other tall structures. The Township may deny the application to construct a new tower if the applicant has not made a good faith effort to mount the antenna on an existing structure.
(3)
Removal of commercial communication antenna. Commercial communication antennas that are no longer licensed and active commercial transmitting facilities shall be removed at the owner's expense within 60 days of the last date that the facility was licensed by the FCC. A bond or escrow account shall be posted with the Township in an amount sufficient to ensure such removal, prior to construction of such facility.
C.
Conflict. Where the regulations contained in this section are in conflict with any other adopted Township regulations, the more restrictive standards shall apply.
The following restrictions shall apply in all districts in which automobile service stations or repair facilities are permitted:
A.
A minimum lot width of not less than 200 feet shall be provided along each street on which access is proposed. This requirement shall not apply to facilities solely providing repair services, in which case the required lot width of the underlying district shall apply.
B.
Setback of fuel pumps shall be at least 25 feet from the street right-of-way.
C.
All automotive parts refuse and similar articles shall be stored within a building or enclosed area screened from adjacent uses pursuant to the provisions of this chapter.
D.
Parking and stacking spaces shall be provided in accordance with the requirements of this chapter herein, and screened pursuant to the provisions of this chapter herein.
The following restrictions shall apply in all districts in which banks or other financial institutions are permitted:
A.
The use shall have direct access to a collector or arterial road as defined by the Township Comprehensive Plan, as amended.
B.
There shall be no more than one point of egress to each street on which the lot abuts.
C.
The access shall be set back at least 40 feet from street intersections. The distance shall be measured from the street right-of-way to the edge of the access driveway.
D.
Drive-through windows or automated tellers shall have a vehicle-stacking lane which can accommodate a minimum of six cars. The stacking lane shall not be used for parking lot circulation aisles nor shall it conflict in any way with circulation or parking patterns.
The following restrictions shall apply in all districts in which bed-and-breakfasts are permitted:
A.
The bed-and-breakfast shall remain incidental and secondary to the principal use of the building as a dwelling. A bed-and-breakfast shall be permitted only in a single-family detached dwelling.
B.
The principal operator of a bed-and-breakfast shall reside in the dwelling of said facility. There shall be no more than two nonresident employees in addition to the resident members of the family.
C.
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 residence.
D.
There shall be no separate cooking facilities in any guest room. Food served to guests on the premises shall be limited to breakfast and eating facilities shall be open only to guests.
E.
When located within 100 feet of a residential use, the use of active recreation amenities, such as a swimming pool or tennis court, shall be limited to the hours 9:00 a.m. to 10:00 p.m.
F.
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.
I.
The lot on which said dwelling house exists and the bed-and-breakfast facility is proposed to be conducted shall be not less than one acre.
J.
There shall be provided, in addition to the parking required for the dwelling, at least one additional parking space per room.
The following restrictions shall apply in all districts in which cemeteries are permitted:
A.
Proper landscaping and ground cover shall be maintained at all times.
B.
No buildings other than crematoriums, mausoleums, mortuaries and the like shall be permitted and no building shall be more than 15 feet in height.
C.
No cemetery (except where located on the same lot as a church) shall be less than 20 acres in size, except that a pet cemetery shall have a minimum lot area of five acres.
D.
An application for a cemetery use shall include the following:
E.
Individual plots shall be set back a minimum of 50 feet from all lot boundaries and public rights-of-way.
The following restrictions shall apply in all districts in which commercial day-care centers are permitted:
A.
The minimum lot area for a day-care center shall be two acres.
B.
Play areas shall be designed according to the following standards:
(1)
Indoor play areas shall provide a minimum of 50 square feet per child. Outdoor play areas shall be designed to provide a minimum outdoor play area of 2,000 square feet or 200 square feet per child, whichever is greater.
(2)
Outdoor play areas shall be enclosed by a fence, and shall not include driveways, parking areas, or land unsuited for active recreation due to wet soil conditions.
(3)
Outdoor play areas adjacent to a residential use or district shall be set back a minimum of 100 feet from side and rear property lines and shall be sufficiently screened to minimize disturbance of residential properties. Outdoor play areas adjacent to nonresidential uses or districts shall be set back a minimum of 50 feet from side a rear property lines.
C.
A minimum indoor recreation area of 500 square feet or 75 square feet per adult, whichever is greater, shall be provided.
D.
Off-street parking and passenger loading and unloading spaces shall be provided in accordance with § 129-1405, herein, and shall be so designed to prevent interference with traffic flow on any adjacent street or road.
E.
Prior to issuing of a permit by the Zoning Officer, the applicant shall have received and hold all pertinent approvals and licenses from the Pennsylvania Department of Human Services - Office of Children, Youth, and Families before the Township will issue any permits for use or occupancy.
The following restrictions shall apply in all districts in which commercial greenhouses are permitted:
A.
All structures used for greenhouse use shall observe minimum setback standards established for the district in which it is located.
B.
Storage of bedding and plant materials shall be located a minimum of 50 feet from all property lines or road rights-of-way.
C.
For the purpose of calculating required off-street parking facilities, only the floor area devoted to sales needs to be included.
D.
All greenhouse structures shall be included in the lot coverage calculation, but need not be included in the building coverage calculation.
The following restrictions shall apply in all districts in which convenience stores are permitted:
A.
Access shall be controlled and defined by the use of concrete curbing.
B.
There shall be no more than one point of ingress and one point of egress onto each street on which the lot abuts.
C.
Access points shall be set back at least 40 feet from street intersections.
D.
Where fuel pumps are to be provided the following regulations shall apply:
(1)
A minimum lot width of not less than 200 feet shall be provided along each street on which access is proposed.
(2)
Setback of fuel pumps shall be at least 25 feet from the street right-of-way.
(3)
Parking and stacking spaces shall be provided in accordance with the requirements of this chapter herein, and screened pursuant to the provisions of this chapter, herein.
The following restrictions shall apply in all districts in which an educational use is permitted:
A.
A nonprofit public or private school that is properly licensed under the appropriate state and federal governmental authority shall be subject to the following provisions:
(1)
Access shall be taken from a major or minor collector or a minor arterial as defined by the Township Comprehensive Plan, as amended.
(2)
The minimum required tract size is two acres.
(a)
Outdoor play or recreation areas adjacent to a residential use or district shall be a minimum of 200 feet from the side and rear property lines and shall be sufficiently screened to minimize disturbance of residential areas.
(b)
Outdoor play or recreation areas adjacent to a nonresidential use or district shall be a minimum of 50 feet from side or rear property lines.
B.
A commercial (for-profit) school, including trade or professional schools of art, music, or dancing shall not be permitted in residential zoning districts. The minimum required lot size shall be that of the underlying zoning district where for-profit schools are permitted.
C.
Educational uses shall be served by public water service and public sewer.
The following restrictions shall apply in all districts in which forest, scenic or wildlife preserves are permitted:
A.
No building shall be permitted anywhere on the premises.
B.
No feeding or watering area shall be closer than 50 feet to any property line or closer than 100 feet if property is adjacent to a residential, commercial or industrial district. No domesticated animal shall be maintained, stabled or pastured on the premises. No fences or other barricades shall be erected for that purpose.
Two types of home occupations shall be permitted; no-impact home-based businesses and major home occupations. The following restrictions shall apply in all districts in which home occupations are permitted:
A.
No-impact home-based business.
(1)
No customer, client or patient traffic, whether vehicular or pedestrian, shall be permitted, and no pickup, delivery or removal functions, other than that normally associated with a residential use, shall be permitted.
(2)
The business activity shall be compatible with the residential use of the property and surrounding residential uses.
(3)
The business shall employ no employees other than family members residing in the dwelling.
(4)
There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.
(5)
There shall be no outside appearance of a business use, including, but not limited to, parking, signs or lights.
(6)
The business activity may not use any equipment or process which creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood.
(7)
The business activity may not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with a residential use in the neighborhood.
(8)
The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.
(9)
The business may not involve any illegal activity.
B.
Major home occupations shall be incidental or secondary to the use of the property as a single-family detached residence and are limited to those occupations customarily conducted within a dwelling unit. The principal person employed must be a resident of the dwelling unit.
C.
Major home occupation.
(1)
Standards applicable to home occupations. In addition to other applicable criteria of this chapter, the following standards shall apply to home occupations:
(a)
Home occupations shall be permitted only in single-family detached structures or in an accessory structure to a single-family detached dwelling.
(b)
The total area used for a home occupation shall not exceed 750 square feet or 50% of the floor area of the principal residential structure, whichever is less.
(c)
No more than two persons, other than resident members of the immediate family may be employed or subcontracted at the residence. Use of nonresident employees must have prior approval from the Zoning Hearing Board.
(d)
No more than one sign shall be permitted per property provided that it is no larger than two square feet. It shall not be illuminated, animated, or placed in a window.
(e)
Parking shall be provided in sufficient capacity to prevent interference with normal residential parking in the neighborhood. Off-street parking, inclusive of required residential parking, shall not exceed five spaces and shall be lighted to provide safe passage.
(f)
Beauty parlors and barbershops may be permitted as a home occupation, provided that no more than two stylist or barber chairs are provided and that such uses comply with all other applicable provisions of this chapter.
(g)
Instructional services may be permitted as a home occupation, provided that a maximum of two musical students may be instructed at any one time. Nonmusic instruction shall be limited to no more than four students at any one time and no more than two vehicle trips an hour.
(h)
Home day care facilities may be permitted as a home occupation when in compliance with the provisions below and all other applicable requirements, including, but not limited to, PA UCC.
[1]
Home day care uses shall only be permitted as an accessory use in a single-family detached dwelling.
[2]
A maximum of four children or adults may be supervised in a private residence.
[3]
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.
[4]
For home day care intended for children, a minimum outdoor play area of 50 square feet of contiguous play area shall be provided for each child.
[5]
At least one additional off-street parking space is required for each nonresident employee. There shall be sufficient area on the lot to accommodate the pickup and dropoff of children without interference with local traffic.
[6]
Prior to approval of the use and issuing of a zoning permit by the Zoning Officer, the applicant shall secure all pertinent approvals and registration certificates from appropriate state and county agencies as a condition of permit approval and continuation. The use shall also be subject to review and approval by the Zoning Hearing Board as a special exception.
D.
E.
Determination of classification. The Zoning Officer shall determine whether a proposed home occupation is prohibited. The applicant shall be responsible for supplying such information as deemed necessary by the Zoning Officer to make this determination.
F.
Permit limitations. A permit shall be required for a home occupation. A home occupation permit shall not be transferable to another property or to another type of home occupation. The permit shall only be valid for the use and on the property for which it was originally issued.
G.
General standards applicable to home occupations. The following standards shall apply to all home occupations.
(1)
Home occupations shall be limited to the employment on the premises of not more than two paid or unpaid assistants employed at any one time.
(2)
Three off-street parking spaces, in addition to those required for the residence, shall be required for any home occupation.
(3)
Home occupations shall be subject to the following limitations:
(a)
No emission of noxious, toxic or corrosive gases or fumes injurious to persons, property or vegetation shall be permitted.
(b)
No glare and heat from any home occupation shall be permitted.
(c)
No discharge is permitted into a reservoir, sewage or storm disposal system, stream, open body of water or into the ground of any materials in such a way or of such nature or temperature as could contaminate any water supply or damage or be detrimental to any sewage system or any sewage treatment plant or otherwise could cause the emission of dangerous, objectionable elements.
(d)
No vibration perceptible beyond the dwelling unit or building in which the home occupation is conducted shall be permitted.
(e)
No noise shall be audible beyond the dwelling unit or building in which the home occupation is conducted, whichever shall be the smaller, which exceeds the average intensity of street traffic at the front lot line. Objectionable noises due to interference, heat, frequency or shrillness shall be muffled.
(f)
No emission of any smoke shall be permitted.
(g)
Electric or electronic devices shall be shielded in such a manner as not to interfere with radio or television reception or transmission of any kind.
(h)
No manufacturing, repairing or other mechanical work shall be performed in any open area. Such activity shall be conducted in such a way that no noise, odor, vibration, electromagnetic interference or smoke shall be noticeable at or beyond the property line.
(i)
No storage of materials or products shall be permitted in open areas.
(j)
Display windows shall not be allowed.
The following restrictions shall apply in all districts in which hospitals are permitted:
A.
All buildings and structures shall be set back a minimum of 100 feet from any property line. Where the use adjoins existing residential uses, the emergency and service entrances shall be located where they will not conflict with neighboring uses.
The following restrictions shall apply in all districts in which industrial or office parks are permitted:
A.
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 plan with common authority and responsibility.
B.
The tract and uses therein shall have access only to an arterial or collector street as defined by the Township Comprehensive Plan via a common ingress and egress.
D.
Area and bulk regulations.
(1)
Minimum tract size: 15 contiguous acres.
(2)
Perimeter setbacks and buffering. These buffers are required at the perimeter of the industrial park or office park, and not at the perimeters of each individual lot. A landscaped buffer in accordance with § 129-1404 shall be required and shall comply with the following dimensional standards:
(a)
Seventy-five feet from external public roads.
(b)
Fifty feet from any commercial use or district.
(c)
Seventy-five feet from any residential use or district.
(d)
Fifty feet from any industrial district.
(e)
All buffering may be contained within the setbacks as required in this section. If the buffering distance exceeds the setback, the remaining distance may not contain any impervious cover.
(3)
Lot area. The average area of individual lots within an industrial or office park development shall be a minimum of three acres, but no individual lot shall be less than one acre.
(4)
Lot width.
(a)
Tract width. Minimum tract frontage, of the entire tract of the industrial or office park, along the arterial or collector street from which the park takes access shall be 200 feet.
(b)
Individual lot widths. The width at the building line and at the street line shall be in accordance with the following:
[1]
Lot areas of one acre to less than two acres shall have a minimum width of 150 feet at the building line and 150 feet at the street line.
[2]
Lot areas of two acres to less than three acres shall have a minimum width of 250 feet at the building line and 200 feet at the street line.
[3]
Lot areas of three or more acres shall have a minimum width of 300 feet at the building line and 250 feet at the street line.
E.
At least 70% of the total floor area of the office or industrial park shall be devoted to office or industrial uses.
The following restrictions shall apply to all districts in which junkyards or salvage yards are permitted:
A.
The tract serving as a junkyard shall contain a minimum of 10 contiguous acres undivided by streets, streams, or rights-of-way. No part of the operation shall be located within the Floodplain Overlay District or located such that contaminants from the operation can seep or flow into a stream or other body of water or groundwater.
B.
Where a junkyard is located on a property which is adjacent to a residential district or use, there shall be a setback from the district boundary of at least 100 feet.
C.
The tract serving as a junkyard shall be located on land with less than 15% slope.
D.
The maximum lot coverage for outdoor storage (including junk or salvage), buildings, and structures shall not exceed 70%.
E.
The area where junk and any other material is stored shall be enclosed with a wall or fence at least eight feet in height and which is designed and constructed so as to be at least 90% solid or opaque. An effective year-round screen shall be provided pursuant to the screening and landscaping provisions in § 129-1404.
F.
Storage piles shall not exceed eight feet in height within 50 feet of the screening or fence line. Junk shall be permitted to be piled not exceeding 10 feet in the remaining area of the junkyard. No more than two adjoining rows of junked cars shall be stored together.
G.
There shall be provided at least a twelve-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.
H.
Waste generated by the junkyard or salvage yard shall be managed in accordance with all applicable Township Ordinances And Federal And State Regulations including the Solid Waste Management Act, the Clean Streams Law, and the Air Pollution Control Act of the Commonwealth of Pennsylvania.[1]
(1)
Automotive fluids (including gasoline, oil, antifreeze, 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. Such materials shall not be released into the air 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., 35 P.S. § 691.1 et seq., and 35 P.S. § 4001 et seq.
I.
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.
J.
Tire storage piles shall not exceed 50 tires. In addition, when whole or processed tires are stored outdoors, each waste tire pile shall meet the following requirements: (NOTE: Please note that the Pennsylvania Department of Environmental Protection regulations do not apply to scrap tires of less than 500 stored outdoors or less than 1,500 stored indoors. The standards proposed here are closely modeled on the Department of Environmental Protection requirements for scrap tire storage. Also, neither the county nor the state specifically regulates junkyards. Certain state laws that would most affect these operations are referred to in this chapter. Additional regulations have also been added consistent with the recommendations of the Department of Environmental Protection Fact Sheet entitled "Management of Materials and Wastes from Salvage Yard Operations.")
(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.
K.
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.
L.
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.
M.
Prior to the issuance of a Zoning Permit by the Zoning Officer, the applicant shall provide sufficient information for the Zoning Officer to determine that all applicable federal, 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.
N.
A stormwater management plan and erosion and sedimentation control plan shall be submitted as part of the land development application for a junkyard or salvage yard pursuant to the provisions of Chapter 109, Subdivision and Land Development.
O.
The permittee shall allow inspection of the business premises by the Township or its approved representative at any reasonable time provided the Township provides at least twenty-four-hour notice. Refusal to allow such inspection shall constitute a violation of this chapter.
The following restrictions shall apply to all districts in which kennels or animal shelters are permitted:
A.
Minimum lot size shall be 100,000 square feet with a minimum lot width of 300 feet.
B.
Minimum yard dimensions shall be: front yard, 50 feet; each side yard, 30 feet; and rear yard, 100 feet.
C.
Maximum coverage and height shall be: building coverage, 10%; maximum height, 35 feet.
D.
Each kennel or animal shelter shall have outdoor exercise yards entirely fenced to prevent animals from leaving the property. Exercise yards shall be set back a minimum of 100 feet from front, side, and rear lot lines. All accessory buildings and structures shall be set back a minimum of 25 feet from rear and side property lines.
E.
There shall be one off-street parking space per employee, plus one space per waiting room seat.
F.
The sale of related products shall remain accessory to the kennel, and shall occupy no more than 25% of the floor area of the principal building.
The following restrictions shall apply in all districts in which mini warehouses are permitted:
A.
The minimum aisle width between buildings shall be 20 feet.
B.
The use shall be subject to review by Township police and fire officials regarding security and fire protection.
C.
Storage of explosive, radioactive, toxic, highly flammable, or otherwise hazardous materials shall be prohibited.
D.
No unrelated business activities other than the leasing of storage units shall be conducted on the premises. All storage units shall only be leased for storage purposes.
E.
Except as noted in herein, all storage shall be within closed buildings built on a permanent foundation of durable materials. Trailers or similar, impermanent or movable structures shall not be used for storage.
F.
Outdoor storage 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 residentially zoned land.
(2)
A maximum of 20% of the total area may be used for such outdoor storage.
(3)
Stored vehicles shall not interfere with traffic movement through the complex.
Where a combination of uses is authorized upon a single lot or within a building, each of those uses shall be required to meet the following criteria:
A.
Only those uses permitted in the district shall be permitted in a mixed-use proposal.
B.
Parking requirements shall be calculated for each use, but may be designed as a common parking lot. Shared parking may be permitted at the discretion of the Board of Supervisors where the development plan clearly demonstrates compliance with the parking requirements.
C.
Uses such as a shopping center or industrial park shall comply with the supplemental use regulations for that specific use rather than the mixed use requirements of this section.
The following restrictions shall apply in all districts in which multifamily or townhouse development is permitted:
A.
The maximum length of a multifamily or townhouse building shall be 120 feet.
B.
Multifamily or townhouse buildings shall be located in clusters that create common courtyards and open space areas rather than situated parallel to one another.
C.
Buildings within the development shall be designed to provide individual dwelling units with views and direct access to the required open space area.
E.
Entrances to dwelling units shall be provided with walkways to parking and refuse collection areas and to park, recreation and open space areas. Dwelling units shall be set back a minimum of 25 feet from common parking lots and refuse collection areas.
F.
The design, ownership and maintenance responsibilities for required open space shall be in accordance with the provisions of § 129-1404.
G.
Screening and landscaping of the proposed development shall be in accordance with § 129-1404, herein.
H.
Staggering setbacks of individual dwelling units accompanied by a variation in facade design shall be required so that the buildings offer variety and provide private yard areas. In the case of townhouse development, no more than two contiguous units shall have the same facade setback within a building. Changes in unit setback shall involve a minimum of two feet.
The following restrictions shall apply in all districts in which nursing homes or convalescent homes are permitted:
A.
The minimum tract size for a nursing home or convalescent home is three acres.
B.
Each nursing home facility shall provide an outdoor seating facility. The sitting area shall be landscaped and shall not be located adjacent to parking lots, detention basins, or collector or arterial streets unless adequate screening is provided. Sitting areas shall not be located on slopes over 5% grade.
C.
The tract of land on which the use is conducted shall, in its entirety, be owned and operated as a single or common management and maintenance unit.
D.
The proposed use shall obtain all applicable state and federal permits, licenses, and certificate of need, as applicable to the proposed use.
The following restrictions shall apply in all districts in which plant nurseries are permitted:
The following restrictions shall apply in all districts in which public parks and playgrounds are permitted:
A.
Permitted uses within public parks and playgrounds are limited to landscaping, flower gardens, benches, picnic areas, community buildings, refreshment stands and other passive recreation uses and active recreational facilities, such as soccer fields, tennis courts, baseball and softball fields, other playing fields and tot lots.
B.
Uses not related to the permitted uses shall not be permitted.
C.
Lighting shall be so designed as to prevent glare onto adjoining properties.
D.
No park facility (swing set, baseball diamond, picnic ground, gazebo, awning, etc.) shall be closer than 50 feet to any street or 30 feet to adjacent property lines.
The following restrictions shall apply in all districts in which quarrying or mining operations are permitted:
A.
The minimum lot size for a quarrying or mining operation shall be 50 acres.
C.
When applying for a zoning permit for a mining operation, the applicant shall provide the following information in addition to that required on the standard zoning permit application:
(1)
General site area. A plan of the general area within a one-mile radius of the site, at a scale of no greater than 1,000 feet to the inch with a ten-foot or less contour interval. The general site area plan shall include:
(a)
Location of proposed site;
(b)
Roads, including widths, weight loads, types of surfaces, and traffic data;
(c)
Existing land use pattern, including building locations and historical sites and buildings; and
(d)
Proposed uses or facilities within a one-mile radius of the site, including subdivisions, parks, schools, churches, highways, and any other uses potentially affecting or affected by the proposed operation.
(2)
Proposed site area. A plan of the proposed site at a scale of no greater than 100 feet to the inch with a five-foot or less contour interval. The proposed site area plan shall include:
(a)
Soils and geology;
(b)
Groundwater data and watercourses;
(c)
Vegetation and dominant species;
(d)
Wind data with directions and percentage of time; and
(e)
Proposed usage and operation including:
[1]
Final grading by contours;
[2]
Interior road pattern, its relation to operation yard and points or ingress and egress to state and Township roads;
[3]
Estimated amount and description of aggregate and overburden to be removed;
[4]
Ultimate use and ownership of site after completion of operation;
[5]
Source and amount of water to be used;
[7]
Soil embankments for noise, dust, and visual barriers and heights of spoil mounds;
[8]
Machinery type and noise levels; and
[9]
Safety measures and plan for monitoring of complaints.
D.
Performance standards.
(1)
No excavation, quarry wall, storage, or area in which processing is conducted shall be located within the required setbacks.
(2)
All excavation, except stone quarries over 25 feet in depth, shall be graded in such a way as to provide an area harmonious with the surrounding terrain and which does not pose a safety hazard. Grading and backfilling shall be accomplished continually and as soon as practicable after excavation.
(3)
Drainage, either natural or artificial, shall be provided so that disturbed areas shall not collect water or permit stagnant water to remain.
(4)
The principal access shall be directly from a collector or arterial road. Access to roads shall be a minimum of 40 feet from the intersection of any street and shall be so arranged as to minimize danger to traffic and void nuisance to surrounding properties.
(5)
A planting plan shall be prepared for the entire finished tract using various types of plant material for the prevention of erosion. Plant materials shall be selected from the approved plant materials list in Appendix A of Chapter 109, Subdivision and Land Development.
(7)
Stone quarries whose ultimate depth is more than 25 feet in depth shall be equipped with the following protection and screening;
(a)
A chain-link fence at least 10 feet in height with a slanted barbed wire top section, completely surrounding the area;
(b)
If adjacent to a residential or commercial district, a screen planting around the perimeter of the fence pursuant to the provisions of § 129-1404, herein;
(c)
Warning signs indicating the presence of a quarry shall be placed on the fence at intervals of no more than every 100 feet; and
(d)
Gates shall be closed and locked whenever the quarry is not in operation.
The following restrictions shall apply in all districts in which indoor and outdoor commercial recreation facilities are permitted:
A.
General development standards.
(1)
Master plan. 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, at its completion, will pose on the Township.
(2)
Impervious coverage for the proposed use shall not exceed the maximum lot coverage standard of the applicable zoning district.
(3)
Buildings or structures shall be located no closer than 50 feet from any lot boundary or 100 feet from any residential property line.
B.
Commercial recreation uses. The standards under this subsection shall apply to such privately established commercial recreational uses as country clubs, golf, swim, and tennis clubs, and ice skating rinks.
(1)
The following aggregate minimum lot areas shall be required based on each proposed use:
Use | Minimum Site Area (acres) |
|---|---|
Golf course (per nine holes) | 50 |
Outdoor swim or tennis club | 15 |
Amusement park | 20 |
Indoor tennis, racquetball, ice rink | 5 |
Any recreational use not herein identified | 25 |
(2)
Any structure, building, parking, storage loading, or paved areas, excluding foot and bicycle paths, and necessary access ways to a public street, shall not be located closer than 50 feet to any lot line, and shall be screened from dwellings in accordance with § 129-1404, herein, when located within or abutting a residential use or district.
(3)
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.
Residential conversions are permitted subject to compliance with the following standards:
A.
General requirements.
(1)
Compliance with the minimum lot area and bulk regulations for the applicable zoning district shall be required. Residential conversions shall not be permitted on a nonconforming lot or in a nonconforming building.
(2)
An existing attached dwelling converted to two dwelling units shall maintain the facade and appearance of an attached dwelling with a side entrance, or, the resulting dwelling units may share a single front entrance.
(3)
Additional entrances, when required, shall be placed on the side or rear of the building. Exterior stairways and fire escapes shall be located on the rear wall in preference to either sidewall, and shall in no case be located on a front or sidewall facing the street.
(4)
With the exception of improvements relating to safety and access as identified herein there shall be no major structural change to the exterior of the building in connection with the conversion.
(5)
Site and architectural plans shall be included with the application for residential conversion indicating both exterior and interior modifications. A plan shall also be included in the application which identifies off-street parking and other lot improvements as required by the provisions of this chapter.
B.
Residential conversion of single-family detached dwellings. The Zoning Hearing Board may allow as special exceptions, and upon application to said Board, single-family conversions, subject to the following requirements. These requirements apply to the conversion of single-family detached dwellings in residential districts into dwellings for a greater number of families.
(1)
No individual dwelling unit shall have less than 800 square feet of floor area.
(2)
The lot area per family shall be equal to that required for the district in which the designated lot is located.
(3)
The yard and building area requirements for the district in which the building is located shall not be reduced.
(4)
There shall be no external alteration of the building, except as may be necessary for reasons of safety. Fire escapes and outside stairways shall, where practicable, be located to the rear of the building.
C.
Conversion of single-family detached dwellings to nonresidential use. Conversions of a single-family detached dwelling into a nonresidential use is permitted by special exception approval by the Zoning Hearing Board, subject to the following requirements:
(1)
The proposed use shall comply with all applicable requirements of the governing zoning district insofar as practicable.
(2)
No existing yards or required open space shall be reduced to less than the requirements of the applicable district governing a permitted use.
(3)
No living accommodation or sleeping quarters shall be authorized, except such accessory use as is permitted in the applicable district.
(4)
The proposed conversion shall be in consistent with the predominant character of the applicable district and shall not detract from the use or enjoyment of an adjoining property for any permitted use.
D.
Parking requirements.
(1)
The number of off-street parking spaces shall be as required in this chapter, herein.
(2)
Off-street parking lots shall be landscaped or screened from abutting lots with dwellings, in accordance with § 129-1404, herein.
(3)
Off-street parking shall be located to the side or rear of the converted structure.
(4)
Unrestricted egress and ingress between parking areas and the street shall be provided.
The following restrictions shall apply in all districts in which fast-food restaurants are permitted:
A.
The following provisions shall apply to fast-food restaurants, with or without drive-through service.
(1)
The restaurant shall have access to either a collector or arterial street as defined by the Township Comprehensive Plan, as amended.
(2)
The minimum lot area for a fast-food restaurant shall be two acres.
(3)
The following standards shall apply to trash receptacles for the associated use:
(a)
Trash receptacles shall be provided outside of the restaurant for patron use, but shall not be located near any adjacent residential properties.
(b)
A trash storage area shall be provided which is designed to be screened from the street and adjacent properties to prevent trash from blowing from the area and to permit safe and easy trash removal.
(4)
Drive-through service windows shall have a vehicle stacking lane which can accommodate a minimum of eight cars. The stacking lane shall not be used for a parking lot circulation aisle nor shall it conflict in any way with circulation or parking.
(5)
The drive-through window shall not be located adjacent to a residential use or residential district.
The following restrictions shall apply in all districts in which retirement communities are permitted:
A.
A retirement community may provide a combination of individual dwelling units in any combination of single-family, two-family, townhouse, or multifamily buildings and may include a community center consisting of one or more buildings in which the following accessory uses may be permitted:
B.
The minimum lot size for a retirement community shall be 10 acres with a maximum density of six dwelling units per net acre.
C.
A retirement community shall be developed and operated under the direction and control of a single owner or agent for the owner.
D.
A minimum of 50% of the tract area shall be retained in permanent open space, designed for the use and enjoyment of residents within the retirement community. Ownership, location, design, layout and maintenance of required open space shall be in accordance with the provisions of § 129-1404, herein. Building and lot coverage requirements of the district shall apply.
E.
Location, design and layout of buildings containing dwelling units shall be so designed to ensure open space and privacy between units.
F.
There shall be a minimum setback of 100 feet from any property line.
J.
Off-street parking shall be provided in accordance with the standards found elsewhere in this chapter.
The following restrictions shall apply in all districts in which riding academies or stables are permitted:
A.
The minimum lot size of a riding academy shall be two acres for the first horse and one acre for each additional horse which is maintained, stabled or pastured with a fence on the premises.
B.
No exercise pen, exclusive of clearly identified bridle paths, shall be located within 100 feet of any lot or street right-of-way line.
C.
No structure or facility shall be closer than 50 feet to a street or closer than 30 feet to adjacent property lines.
The following restrictions shall apply in all districts in which sanitary landfills are permitted:
A.
The tract serving as a sanitary landfill shall contain a minimum of 100 contiguous acres, undivided by streets, or other rights-of-way, or streams. All operations, including buildings, structures and grading, shall be set back a minimum of 200 feet from any property line, floodplain, streams, wetlands, or other bodies of water.
B.
All sanitary landfills shall be designed and operated in accordance with the statutes of the Commonwealth of Pennsylvania, the rules and regulations of the Pennsylvania Department of Environmental Protection and the provisions of this chapter. A permit shall be obtained from the Department as a condition of issuing a use and occupancy permit by the Township. The permit shall be clearly displayed and made available for inspection at all times.
C.
In the event that any of the provisions of this chapter are less restrictive than any present or future rules or regulations of the Pennsylvania Department of Environmental Protection, the more restrictive regulations shall supersede and control.
D.
A sanitary landfill operation shall at all times during operation be under the direction at all times of a responsible individual who is qualified, by experience and training, to operate a landfill. Unloading of waste shall be continuously supervised by a representative or employee of the operator.
E.
Access to the site of a sanitary landfill shall be:
(1)
Limited to posted times when an attendant is on duty. In order to protect against indiscriminate and unauthorized dumping, a sanitary landfill shall be protected by locked barricades, fences, gates, or other means designed to deny access to the area at unauthorized times and locations; and
(2)
From an arterial road as defined in the Sadsbury Township Comprehensive Plan, to limit traffic congestion and excessive wear on collector and local roads.
F.
Salvaging shall be conducted by the authorized operator only and shall be organized so that it will not interfere with prompt sanitary disposal of waste or create unsightliness or health hazards.
G.
All trucks entering and leaving the landfill shall be covered. Roads used for access within and adjacent to the tract shall be patrolled daily to pickup and dispose of scattered and blowing refuse. Tire scrubbers shall be provided at all points of truck egress.
H.
The landfill shall be properly maintained to ensure no nuisance or danger exists to adjoining property owners, surface water and groundwater supplies. The tract shall be stabilized and a ground cover established to avoid erosion and sedimentation problems.
I.
Hazardous materials, including but not limited to, highly flammable materials, explosives, pathological wastes, radioactive materials and liquids shall not be disposed of in a sanitary landfill. The disposal of sewage liquids and solids shall be specifically prohibited in a sanitary landfill.
J.
Fencing and screening.
(1)
All sanitary landfills shall be completely enclosed by a fence or wall to deter trespassing and to prevent debris from blowing onto adjoining properties.
(2)
The fence or wall shall be at least eight feet in height, but not more than 10 feet high with access only through solid gates. There shall be no openings greater than three inches by three inches in the fence or wall.
(3)
The fence shall be situated no closer than 50 feet to any street or property line.
(4)
The fence or wall shall be kept in good repair and maintained in a uniform color.
K.
A performance bond shall be posted by the applicant with a sufficient amount to cover the cost, as estimated by the Township Engineer, when performing the various responsibilities imposed upon the applicant by this chapter. The amount and form of the bond shall meet the approval of the Board of Supervisors.
The following restrictions shall apply to all districts in which shopping centers are permitted.
A.
Shopping centers, including parking areas and structures, shall be fully screened from all adjacent residential uses and districts, and shall be landscaped in accordance with the provisions of § 129-1404, herein.
B.
The required number of off-street parking spaces shall be determined by using the total square footage of the shopping center in accordance with the provisions of § 129-1405, herein.
E.
Signage for the shopping center shall comply with the following regulations:
Private swimming pools shall be permitted in residential districts and shall comply with the following conditions and requirements:
A.
A pool, which is in excess of 24 inches pursuant to the PAUCC is intended and is to be used solely for the enjoyment of the occupants of a principal use of the property on which it is located.
B.
A pool may be located only in the rear yard or side yard of the property on which it is an accessory use.
C.
A pool may not be located, including any walks or paved areas or accessory structures adjacent thereto, closer than 20 feet to any property line of the property on which it is located.
D.
All swimming pools shall be completely enclosed by a fence or wall at least four feet in height with a self-closing and lockable gate; however, this does not apply to above-ground pools having a wall measuring at least four feet in height. The required fence or wall shall be erected before any pool is filled with water.
A temporary structure or use shall be permitted as specified in the district regulations and in accordance with the following standards:
A.
Permitted uses.
(1)
Bloodmobile, mobile medical testing facility and similar activities related to the promotion of public health, safety and welfare.
(2)
Headquarters for political campaigns for a period not to exceed three months.
(3)
Offices for contractors on a construction site during the period of construction only.
(4)
Mobile office of the armed forces of the United States for public education or recruitment.
(5)
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.
(6)
Temporary shelter for business operations that have been displaced due to damage which has made the principal structure unusable while the principal structure is being repaired.
(7)
Temporary housing for farm laborers employed in a primary farm business on a seasonal basis.
B.
Standards.
(1)
All permitted uses described herein require a temporary use and occupancy permit prior to use and occupancy. A temporary use and occupancy permit shall not exceed six months in length. Said permits may be renewed for a specified time limit when approved by the Board of Supervisors. A temporary use and occupancy permit shall not be required for those uses listed under Subsection A(1), above unless such uses remain in the same location for more than two consecutive days.
(2)
The temporary structures described in Subsection A(3), (5) and (6) shall only remain in place until the principal structure(s) have been repaired or constructed. The initial use and occupancy permit may be renewed for an individual one-month period, provided that the applicant can demonstrate reasonable progress towards the completion of the project necessitating the temporary structure.
(3)
It shall be the responsibility of the applicant to demonstrate the need for a temporary use and occupancy permit.
(4)
All temporary structures shall be removed completely within 30 days of the expiration of the permit without cost to the Township. Failure to do such shall constitute a violation of this chapter.
The following restrictions shall apply to all districts in which wholesale establishments are permitted:
A.
General requirements.
(1)
Exterior storage of trucks, trailers, and other vehicles shall not be permitted.
(2)
No storage of materials shall be located within 100 feet of any residential district.
(3)
No motorized vehicles or equipment (i.e., backhoes, dump trucks, forklifts, etc.) shall be used within 100 feet of any residential district, except for property maintenance.
(4)
The applicant shall provide adequate screening, landscaping, or sound walls in accordance with § 129-1404, herein.
(5)
Access shall be from a minor or major collector, as defined in the Township Comprehensive Plan, as amended.
(6)
No fuel storage facility shall be located less than 100 feet from any lot line.
A.
B.
Minimum lot size shall be five acres with a width at the street line of 300 feet, and at the building setback line of 350 feet.
E.
The facility shall be so located to be readily accessible to roads which are adequate enough to accommodate the anticipated traffic. Access shall be from an arterial or collector road, as defined in the Township Comprehensive Plan, as amended.
J.
Residences, rectories, religious schools, other facilities and other accessory uses shall conform to the following standards:
(1)
An accessory residential use shall be located upon the same, or a directly adjacent lot.
(2)
A religious school shall be located upon the same, or a directly adjacent lot.
(3)
Outdoor play areas shall not be located within the front yard, and shall be set back 25 feet from all property lines and shall be fenced.
A.
Minimum lot size shall be two acres with a width at the street line of 200 feet, and at the building setback line of 250 feet.
B.
Minimum yard dimensions shall be: front yard: 50 feet; each side yard: 50 feet; and rear yard: 50 feet.
C.
Maximum coverage and height shall be: building coverage: 40%; lot coverage: 70%; maximum height: 35 feet.
I.
All loading areas, parking bays and interior circulation lanes shall have appropriate markings, curbs, barriers and/or planted strips.
A dwelling for a farm employee and his or her family shall be permitted as a use accessory to agriculture subject to the following standards:
A.
At least one family member shall be employed on the subject farm.
B.
The applicant shall furnish evidence that an approved means of sewage disposal and a potable water supply either exist, or the Chester County Health Department has issued permits for their installation.
C.
Any dwelling provided for a farm employee and his or her family shall be included among the dwellings permitted under the applicable density for the zoning district in which the farm is located.
D.
A lot for a dwelling for a farm employee and his or her family shall not be required to be subdivided; however, compliance with the following standards shall be required:
(1)
The proposed dwelling unit shall comply with the applicable front, side and rear yard requirements, and any other bulk or setback requirement of the zoning district in which the farm is located.
(3)
There shall be a minimum lot size of 10 acres in accordance with other listed criteria appropriate to the farm tract.
(4)
No more than one dwelling for a farm employee and his or her family shall be permitted for each farm tract.
E.
An accessory dwelling for a farm employee and his or her family may be permitted within an existing barn or stable accessory to the principal agricultural use, provided that the structure and use shall comply with the applicable standards set forth in this section.
In addition to the general and specific requirements relating to conditional uses, institutions, where permitted as a conditional use, shall comply with the following additional requirements:
When approved as a conditional use in the I-1, Light Industrial, District, under § 129-1002B(12), mushroom production facilities shall comply with the following standards in addition to such conditions and other requirements imposed as part of approval of the conditional use:
A.
Mushroom production. The primary intent of these provisions is to encourage producers to use the best available technology (state of the art as defined by the Commonwealth of Pennsylvania) as it is developed for the mushroom industry and to implement best management practices for the protection of the environment.
(1)
The minimum lot area for mushroom production shall be 10 acres.
(2)
Mushroom production operations, including composting operations, shall be conducted in accordance with the Best Practices for Environmental Protection in the Mushroom Farm Community, Pennsylvania Department of Environmental Protection, published December 1997 and reissued in April 2003, or as may be amended. The applicant shall provide documentation to the Township that the operation has a mushroom farm environmental management plan prepared in accordance with best management practices and approved by the Chester County Conservation District. Approval of the operation shall be contingent on implementation of the management plan.
(3)
Any enclosed structure and loading and unloading facilities associated with the mushroom production operation shall be located not less than 150 feet from any right-of-way line of a public street or any property line. Open wharf areas used for composting operations shall comply with the setback requirements of § 129-1446B(2), below.
(4)
Maximum building coverage shall not exceed 10%.
(5)
Maximum lot coverage shall not exceed 20%.
(6)
A landscaped buffer with a minimum width of 100 feet shall be located along all property lines. No structures, storage, parking, or any other related activity or operation shall be permitted within this buffer. A landscape screen shall be provided within the buffer in accordance with § 129-1404A, herein.
B.
Mushroom composting operations. The following provisions shall apply to mushroom composting operations and new residential uses adjacent to a mushroom composting operation.
(1)
Mushroom composting operations shall be an accessory use, carried on within the same lot used for mushroom production. No more than 50% of the compost generated on the site, measured by volume, shall be sold or distributed for use off site.
(2)
Setbacks.
(a)
Outdoor preparation and storage of compost shall be located a minimum of 400 feet from a residential use and a residential zoning district line, and a minimum of 250 feet from all other property lines.
(b)
New residential uses proposed adjacent to existing outdoor composting operations shall maintain a minimum 125-foot setback along adjacent property lines.
(c)
Setbacks for enclosed composting operations shall be as set forth in § 129-1446A(3), above.
(3)
Composting operations shall be consistent with the mushroom farm environmental management plan required in § 129-1346A(2), above. The applicant shall demonstrate compliance with the requirements of the Chester County Conservation District and/or the Pennsylvania Department of Environmental Protection regarding leachate and compost pad runoff.
(4)
The applicant shall submit documentation setting forth the measures proposed to minimize odor resulting from the operation.
(5)
Stockpiling of compost material shall be designed so as to prevent runoff of compost material or residues into streams or onto adjacent properties or roads. The maximum height of stockpiled material shall be 10 feet and no longer than 200 feet in length separated by no less than 50 feet strip on all sides, or as otherwise determined in the mushroom farm environmental management plan.
(6)
Disposal of spent compost shall be permitted, provided the compost is used as fill material, applied to fields, or transported to a facility for processing into another form. Compost shall not be applied to lands with a slope in excess of 12%, or within 250 feet of a Flood Hazard District boundary, watercourse, pond, wetland, or drinking water source.
A timber harvesting operation, as defined in Article II of this chapter, shall not be conducted until a permit is issued by the Township, in accordance with the provisions of this § 129-1347.
A.
Timber harvesting permit and permit application. A landowner or timber harvesting operator shall not conduct, or allow to be conducted, a timber harvesting operation, in the Township, without first securing a grading and erosion control permit. An application for a grading and erosion control permit, and five copies thereof, shall be filed with the Township at least 60 days prior to the commencement of a timber harvesting operation. The application shall consist of the following:
(1)
A timber harvesting plan, prepared by a professional consulting forester, defined in Article II, herein, in accordance with the provisions of § 129-1447C, below.
(2)
An erosion and sedimentation pollution control plan, as required by 25 Pennsylvania Code Chapter 102, as well as any other state requirements, and a letter of approval of such plan from the Chester County Conservation District.
(3)
Proof that the timber harvesting operator has state workmen's compensation insurance for all employees and employees of subcontractors, and proof of liability insurance, including damage to streams and public property.
(4)
Payment of the nonrefundable permit fee and escrow of funds, based upon a reasonable estimate by the Township, for the review of the application by the Township consultants. The fee schedule shall be established by the Board of Supervisors, by resolution, and amended from time to time as necessary to administer and enforce this § 129-1347.
(5)
Signatures of the landowner and the timber harvesting operator, attesting to their liability, both jointly and severally for compliance with all timber harvesting requirements to the satisfaction of the Township Solicitor.
B.
Review of the grading and erosion control permit application.
(1)
The applicant or his agent shall be responsible for and shall pay all reasonable expenses for inspection, review, legal and other consulting costs and expenses incurred by the Township in processing the grading and erosion control application. In the event that scheduled fees do not cover the actual costs, the applicant shall be notified of the expenses and shall deposit said necessary funds prior to the cost being incurred.
(2)
Within 10 days of submission of an application for a grading and erosion control permit, the Code Enforcement Officer shall review the application to determine that it is complete. If the application is determined to be complete, it will be accepted and forwarded to the Township Engineer for review. If determined to be incomplete, the application will be denied.
(3)
The Township, in addition to forwarding all timber harvesting applications to the Township Engineer for review, may also forward it to any appropriate government agency for review. In reviewing the application, the Township Engineer shall consider the extent to which the application addresses and complies with the standards described herein and all other applicable Township ordinances.
(4)
Within 45 days of the submission of a Timber Harvesting application, the Township Engineer shall make a recommendation in writing to the Code Enforcement Officer approving or disapproving the plan stating the reasons for disapproval.
(5)
Within 55 days of submission of a timber harvesting plan to the Township, and based upon the review for compliance with the standards set forth herein and recommendations from the Township Engineer, the Code Enforcement Officer shall approve or deny the submitted plan. Approval may be granted subject to reasonable conditions.
(6)
The Township Code Enforcement Officer shall be notified in writing by the applicant at least five days before commencement of a timber harvesting operation and within five days after the completion.
(7)
A permit granted for a timber harvesting operation shall remain in force and effective for a period of one year. The Code Enforcement Officer, at their complete discretion, may grant an extension of the permit for a period up to three months, based upon an applicant's demonstration of good cause. In no event shall the total of all extensions, if there is more than one, exceed six months. If the timber harvesting operation has not been undertaken before the permit has expired, a new application is required.
C.
Timber harvesting plan.
(1)
The timber harvesting plan, as required under § 129-1447A(1), above, and as defined in Article II, herein, shall be prepared by a professional consulting forester, as defined in Article II, herein, and shall contain a narrative providing the following information:
(a)
Credential establishing that the preparer of the timber harvesting plan is a professional consulting forester.
(b)
The name, address and telephone number of all landowners of property upon which the timber harvesting operation is to occur.
(c)
The name, address and telephone number of the timber harvesting operator.
(d)
The total area of the property upon which the timber harvesting operation is to occur and the total area of the land subject to the timber harvest.
(e)
The proposed dates of the commencement and completion of the timber harvesting operation.
(f)
The total number of trees on the area subject to the timber harvesting operation, total number of trees to be harvested and the total number of trees to remain. The trees to be harvested shall be described in terms of size, in DBH, and species.
(g)
A statement confirming that each tree to be harvested has been identified, by a professional consulting forester, with a paint or other distinguishable mark at two points on the tree, one clearly visible to the timber harvesting operator, and one on the stump that will be visible after the tree has been removed.
(h)
A woodlands management plan that shall address the long term goals, objectives and management practices related to a) woodland reforestation in terms of method, species, composition and density; b) natural resource protection and erosion protection; and c) maintenance of the natural vegetative system in terms of the management of invasive plant species. The woodlands management plan shall be prepared for a minimum ten-year period and the landowner(s) shall be responsible for ensuring that all land subject to a timer harvesting operation shall be reforested or maintained in a forested state.
(2)
The timber harvesting plan shall include a site plan, drawn in accordance with standard engineering practices at a scale of no less than one inch equals 100 feet. The site plan shall include the following:
(a)
The site location and boundaries of both the entirety of the property upon which the timber harvesting operation is to occur and the specific area proposed for the timber harvesting operation. The Township may require a survey, or partial survey, to define the location of the property boundaries;
(b)
The relationship of the site to surrounding properties as well as the location and name of all roads and all utility easements. The plan shall identify the names and deed book references of all owners of adjacent properties, including properties on the other side of boundary streets;
(c)
All natural features on the property and within 100 feet of the property including all floodplains, steep slopes, wetlands, wetland buffers, watercourses, riparian buffer zones, and specimen vegetation;
(d)
Topography with contour intervals of not more than five feet which may be from published USGS maps;
(e)
A delineation and general description of soil classifications located on the site, including hydric soils and soils with a seasonally high water table shall be identified;
(f)
All structures on the property and within 100 feet of the property;
(g)
The location of any grading, skid trails or haul roads, and log landing areas proposed in connection with the timber harvesting operation; and
(h)
A delineation of all required buffer areas related to any harvesting area, landing area, public road, and adjacent property.
(3)
The timber harvesting plan shall include a transportation map showing the general location of the proposed operation in relation to municipal and state highways and the proposed accesses to those highways.
(a)
The map shall show the proposed hauling route through the Township. The Township may require the posting of a bond or other approved security, in an amount as may be determined by the Township, to cover any damage to Township roads. The gross vehicle weight of all logging vehicles and equipment shall conform to existing weight limit restrictions or, if in excess of such restrictions, a special hauling permit shall be obtained.
(b)
Deviation from the approved hauling route, without written permission from the Township, shall terminate the permit.
(4)
The timber harvesting plan shall include a sedimentation and erosion control plan in compliance with all applicable standards for sedimentation and erosion control, and the stream crossings regulations under 25 Pennsylvania Code, Chapter 102, Erosion Control Rules and Regulations, issued under Act of June 22, 1937, P.L. 1987 (Clean Stream Law),[1] and 25 Pennsylvania Code, Chapter 105, Dam and Waterway Management Rules and Regulations, issued under Act of 1978, P.L. 1375, No. 325 (Dam Safety and Encroachment Act).[2] Minimum contents of the plan shall include:
(a)
Any permits required by county, state, or federal laws and regulations shall be attached to and become part of the plan;
(b)
A description, design, location, construction, and maintenance of all stormwater management and erosion control measures, devices and structures;
(c)
Design, construction, maintenance, and retirement of the access system, including haul roads, skid roads, skid trails, and landings;
(d)
Design, construction, and maintenance of proposed stream and wetland crossings including any applicable county, state or federal permit. A wetlands report may be required by the Township; and
(e)
The plan shall be submitted to the Chester County Conservation District for review and recommendation. An approval letter from the Chester County Conservation District shall be provided.
(5)
The timber harvesting plan shall include other information as may be required by the Township to determine compliance with this article.
D.
Timber harvesting operational requirements. The following standards and practices shall govern all timber harvesting operations:
(1)
The operator and landowner shall be jointly and severally responsible for the restoration of any property, public or private, that may be damaged as a result of the timber harvesting operation.
(2)
Clear-cutting shall be prohibited.
(3)
Timber harvesting shall be prohibited on slopes of 25% and greater.
(4)
Timber harvesting shall be prohibited within a floodway, 100-year floodplain, zone one riparian buffer, or wetland.
(5)
Stream crossings shall be avoided; however where deemed necessary by the Township Engineer, crossings shall be made at right angles across suitable culverts or bridges. Hauling, skidding or placing fill or obstructions in watercourses is prohibited except for approved crossings.
(6)
No timber harvesting or removal of timber products shall take place between the hours of 7:00 p.m. and 8:00 a.m. or on Sundays or legal holidays.
(7)
At least 30% of the forest canopy shall be preserved in good condition after the completion of any timber harvesting operation. The remaining trees shall be well distributed throughout the area subject to the timber harvesting operation. At least 50% of such remaining trees shall be comprised of high value species, as defined in Article II, herein. Where the number of trees comprising high value species that exist prior to the approval of any timber harvesting operation, is less than the number which would be required to comply with this provision, no high value species may be harvested. The percentages stated herein shall apply to all consecutive harvests and shall not be exceeded during any ten-year period.
(8)
Trees selected for harvesting shall be marked at two distinctive locations thereon. The higher of the two marks shall be provided around the entire circumference of the tree. The lower mark must be visible on the stump after the tree is removed. All tree stumps shall be cut to within two feet of the average grade of the adjoining ground.
(9)
Felling and skidding of trees shall be undertaken in a manner which minimizes damage to trees or other vegetation not intended to be harvested.
(10)
Except when approved by the Township Engineer, all access roads, haul roads and skid trails shall be cut only horizontally across slopes.
(11)
Felling or skidding across any public street is prohibited without the express written consent of the Township or Penn DOT, whichever is responsible for the maintenance of said street. Such written consent shall be attached to and become part of the timber harvesting plan.
(12)
Trees or logs shall not be skidded or transported within 50 feet of wetlands or watercourses, except at approved crossings.
(13)
A buffer area of 75 feet in width along all streets and along all adjacent property lines shall be provided within which no timber harvesting, skidding or transporting shall take place. The buffer width, along streets, shall be measured from the ultimate street right-of-way. No trees shall be cut, removed, skidded or transported in these buffer areas except at approved access points.
(14)
No tree may be cut which is the largest of its species in the state or exceeds 48 inches DBH.
(15)
Slash or tops resulting from a timber harvesting operation shall either be cut to a height of four feet or less and left on-site, or chipped and recycled on-site. The burning of slash shall be prohibited.
(16)
No tops or slash shall be left in any buffer area, stormwater swale, floodway, floodplain, zone-one riparian buffer or wetland.
(17)
All soil and debris washed or carried onto streets or adjoining property during a harvesting operation shall be cleaned immediately by the operator or landowner.
(18)
No processing of wood products or commercial sale of wood or logs shall be permitted on the property unless zoning approval is obtained.
(19)
Litter, as defined in Article II, herein, resulting from a timber harvesting operation shall be removed from the site daily.
(20)
No loading or unloading of vehicle, equipment or timber may take place upon any Township or state road.
(21)
No temporary living quarters for workers may be placed upon the timber harvesting site.
(22)
When the harvest is completed, all access roads, skid and haul trails and landing areas must be graded to original contours and be seeded and mulched to establish a stable ground cover. The final grading and establishment of ground cover shall be consistent with the timber harvesting plan or with a separately approved subdivision or land development plan. In addition all necessary measures, as directed by the Township Engineer, to prevent erosion and sedimentation shall be undertaken.
The following regulations shall apply to Town Center commercial developments and where they are inconsistent with other supplemental and general regulations set forth in this chapter shall supersede those regulations.
A.
Compliance with Subdivision And Land Development Ordinance. Notwithstanding anything to the contrary set forth in this chapter, in the event of any inconsistency between the regulations set forth in this chapter and those regulations set forth in Chapter 109, Subdivision and Land Development, concerning a Town Center commercial development, the Town Center commercial development shall comply with the requirements of Chapter 109, Subdivision and Land Development.
B.
Access and traffic control. Section 129-1404C of this chapter shall apply to Town Center commercial development, provided that no Town Center commercial development shall have direct access points to minor streets on which lots with residential uses shall have frontage.
C.
Interior circulation. Section 129-1404D of this chapter shall apply to Town Center commercial development.
E.
Off-street parking. Section 129-1405C of this chapter shall apply to Town Center commercial developments; provided, however, that uses within a Town Center commercial development may share off-street parking spaces based upon the results of a parking demand report and analysis prepared by a professional engineer licensed as such by the Commonwealth of Pennsylvania who shall regularly practice in the field of traffic engineering, and provided further that such report shall be submitted to and subject to review by the Board of Supervisors at the time of a conditional use hearing with regard to a Town Center commercial development. Notwithstanding the foregoing, the total number of off-street parking spaces within a Town Center commercial development shall and not be less than four off-street parking spaces for every 1,000 square feet of floor area within the Town Center commercial development. In the event that, following initial construction and occupancy of a Town Center commercial development, the mix of use types within a Town Center commercial development shall change, the foregoing parking analysis shall be updated by a professional engineer licensed as such by the Commonwealth of Pennsylvania who shall regularly practice in the field of traffic engineering and shall be reviewed by the Township-appointed traffic engineer. To the extent such updating analysis requires that, as a matter of normal and customary operation, such new mix of uses shall require the installation of additional off-street parking spaces at the Town Center commercial development, the same shall be installed as a condition to the issuance of a permanent use and occupancy certificate for such new use.
F.
Unified plan. Any development plan for a Town Center commercial development shall consist of a grouping of buildings, service and parking areas, landscaped spaces, driveways and accessways which are comprehensively planned and designed as an integrated unit, as to be demonstrated to the Board of Supervisors during a conditional use hearing with regard to a Town Center commercial development.
G.
Ownership. Subject to § 129-1348H of this chapter, a Town Center commercial development parcel shall either be in single ownership, or be comprised of one or more lots, all of which shall be subject to a unified Town Center commercial development declaration and which will be developed under single direction in accordance with an approved master development plan.
H.
Further subdivision. The final land development plan set for a Town Center commercial development shall include a master site plan that depicts the constituent lots of which the Town Center commercial development parcel is comprised and those individual portions of the Town Center commercial development parcel that may later be alienated or subject to financing as separately described lots. Pursuant to Article III of Chapter 109, Subdivision and Land Development, the subsequent division or consolidation of the Town Center commercial development parcel into separate lots as depicted on such a master plan shall be permitted and exempted from additional plan review requirements and/or the individual lot area and bulk and design requirements of this chapter or Chapter 109, Subdivision and Land Development, provided that the deed(s) conveying such separate lots shall contain express reference to the unified Town Center commercial development declaration with regard to the Town Center commercial development.
I.
Public safety mitigation. If the Board of Supervisors deems it appropriate, the applicant shall be required to financially contribute towards the costs of additional police services required by the proposed Town Center commercial development. Understanding that the applicant cannot directly hire, fire or otherwise control municipal police to assist in meeting this burden, the Board of Supervisors may permit the applicant to offer a negotiated annual assessment based on the square footage of the Town Center commercial development for which certificates of occupancy for floor area within the Town Center commercial development in excess of 100,000 square feet, in the aggregate, have been issued by the Township. If the offer is accepted by the Township, it shall be deemed to have satisfied this requirement.
J.
Utilities. All newly installed utility lines serving the Town Center commercial development shall be underground.
K.
Stormwater management. As part of the conditional use application, the applicant for a Town Center commercial development shall comply with plans showing that the Town Center commercial development shall be provided with a unified stormwater management plan. The plan shall show the proposed locations and general design of stormwater detention basins and other facilities, and shall contain a statement by the engineer who prepared the plan that, to his or her professional knowledge, the plan will, when fully engineered, with all requirements then imposed pursuant to Chapter 104, Stormwater Management, and the Chester County Conservation District; provided, however, that detailed stormwater engineering and calculation shall not be required until land development plans with regard to the Town Center commercial development are submitted.
L.
Traffic. A traffic impact study shall be required and submitted as part of the conditional use application for a Town Center commercial development. The study area for that study shall be as agreed upon by the applicant's traffic engineer and the Township-appointed traffic engineer.
M.
Lighting. Notwithstanding anything set forth at § 129-1404F herein, Town Center commercial developments shall comply with the following lighting standards:
(1)
All lighting incident to a Town Center commercial development shall be subject to the approval of the Board of Supervisors in accordance with the applicable provisions of this chapter and Chapter 109, Subdivision and Land Development, provided that in the event of a conflict between this section and § 109-426 of Chapter 109, Subdivision and Land Development, this section shall govern.
(2)
With the exception of access drives, the maximum illumination at any property line (other than those created pursuant to § 129-1348H herein) shall be 0.50 footcandle.
[Amended 3-7-2023 by Ord. No. 2023-01]
(3)
Off-street parking, loading and ingress and egress areas outside of the main street component of a Town Center commercial development shall be provided with a minimum maintained illumination of 0.70 footcandle.
(4)
The average illumination within off-street parking lots outside of the main street component of a Town Center commercial development shall be not less than 1.0 footcandle and not greater than 3.0 footcandle.
(5)
Illumination levels outside of the main street component of a Town Center commercial development shall be subject to a minimum/maximum ratio of 20:1.
(6)
The average illumination within pedestrian areas of the main street component of a Town Center commercial development shall be 0.50 footcandle.
(7)
Illumination levels within pedestrian areas of the main street component of a Town Center commercial development shall be subject to a minimum/maximum ratio of 10:1.
O.
Maintenance of amenities. Prior to, or simultaneously with, the recordation of a final land development plan for a Town Center commercial development, and prior to any subdivision of the Town Center commercial development parcel pursuant to § 129-1348H, herein, the applicant shall prepare and there shall be recorded a unified Town Center commercial development declaration to the satisfaction of the Township Solicitor.