This article is intended to provide standards for applicants seeking approval for certain supplemental uses authorized in various zoning districts and for other uses not specifically designated within one or more zoning districts. Where supplemental uses occur, they shall comply with the standards of this article to address their particular impacts on land use.
A. 
Intent. It is the specific intent of this section to:
(1) 
Provide the opportunity for extended family living arrangements;
(2) 
Recognize the needs of small households; and
(3) 
Provide an opportunity to maintain the economic viability of older, large homes in the Township.
B. 
Standards for accessory apartments. Where authorized under the terms of this chapter, accessory apartments may be created in accordance with the following standards:
(1) 
There shall not be more than one accessory apartment created within any one single-family residential dwelling.
(2) 
The owner of the lot on which both units are located shall occupy either the primary residence or the accessory apartment.
(3) 
The existing dwelling shall have a minimum floor area of 1,250 square feet.
(4) 
The minimum size of an accessory apartment shall be 300 square feet of gross habitable area.
(5) 
The accessory apartment shall not comprise more than 25% of the gross habitable area of the existing dwelling prior to creation of the accessory apartment.
(6) 
The existing building shall conform to the area and bulk requirements of the underlying district.
(7) 
Exterior changes shall be limited to those customarily associated with residential use conforming to the existing single-family character of the neighborhood.
(8) 
For properties utilizing an on-lot sewage treatment system, the applicant shall demonstrate that the system is properly sized to support sewage flows from the resulting dwelling unit.
(9) 
Parking shall be provided in accordance with § 200-108 of this chapter.
(10) 
An architectural plan, in accordance with Article V of the New Garden Township Subdivision and Land Development Ordinance, shall be submitted as part of the application, accurately drawn to scale, indicating the location and size of the existing and proposed dwelling units and parking areas, and any proposed exterior alterations.
A. 
Intent. It is the specific intent of this section to:
(1) 
Regulate sexually oriented uses that may be morally or otherwise offensive to residents of the Township; and
(2) 
Provide an opportunity for such uses, but place certain regulation in order to maintain a minimum level of compatibility with surrounding uses and the community.
B. 
General regulations. The following regulations shall apply to all adult entertainment uses as defined by this chapter:
(1) 
In no instance shall alcoholic beverages be sold, distributed or consumed on the premises by any person or party associated with the adult entertainment use including, but not limited to, the owner, operator, employee, or patron.
(2) 
Adult entertainment uses shall be located no less than 1,000 feet from any of the following:
(a) 
Day-care or child-care facility;
(b) 
Religious use;
(c) 
Community center;
(d) 
School or other educational institution;
(e) 
Park or other recreational facility; or
(f) 
Another adult entertainment use.
(3) 
Adult entertainment uses shall be set back no less than 400 feet from the property line of existing residential uses.
(4) 
Adult entertainment uses shall be set back from front, side and rear lot lines a minimum of 50 feet.
(5) 
Off-street parking shall not be permitted within the setbacks as required by Subsection B(4).
(6) 
Parking shall be required in accordance with § 200-109.
(7) 
Parking lot lighting shall comply with § 200-106.
(8) 
All adult entertainment uses shall be required to install and maintain a vegetative screen along the side and rear lot lines in accordance with the requirements of § 200-100.
A. 
Indoor agricultural uses. The following standards shall apply for all indoor agricultural uses:
(1) 
Minimum lot size. The minimum lot size for indoor agricultural uses shall be five acres.
(2) 
Setback. Buildings, structures and other areas of storage or maintenance of indoor agricultural products or raw materials shall be set back a minimum of 100 feet from all lot lines.
(3) 
Lot coverage. The maximum area of a lot covered by all impervious surfaces shall be 15%, including buildings.
(4) 
Surface water controls. Where soil or composting material is to be stored outside, surface water runoff standards per § 170-36 of the Subdivision and Land Development Ordinance.[1]
[1]
Editor's Note: See Ch. 170, Subdivision and Land Development.
(5) 
Design standards. All indoor agriculture uses shall observe the design standards set forth Article XVI.
B. 
Outdoor agricultural uses. The following standards shall apply for all outdoor agricultural uses:
(1) 
Minimum lot size. The minimum lot size for all outdoor agricultural uses shall be five acres.
(2) 
Setback.
(a) 
Farm buildings, structures and other areas of residence, storage, or maintenance of outdoor agricultural products or raw materials shall be set back a minimum of 50 feet from all lot lines.
(b) 
Farm buildings containing animals shall be set back 100 feet from all lot lines.
(3) 
Lot coverage. The maximum area of a lot covered by all impervious surfaces shall be 15%, including buildings.
C. 
Sale of agricultural products. Where the display and sale of agricultural products are permitted, it shall be provided that:
(1) 
At least 70% of the agricultural products shall have been produced on the property on which they are offered for sale or on property contiguous to the property on which they are offered for sale.
(2) 
The sale of farm products shall be permitted only on properties classified as indoor or outdoor agricultural uses as defined by this chapter.
(3) 
The sale of farm products shall remain an accessory use for indoor and outdoor agricultural uses. No retail sales of nonagricultural items shall be permitted.
(4) 
Parking space for at least three cars shall be provided for temporary and permanent structures.
(5) 
The sale of agricultural products shall be conducted from a permanent building or a temporary stand.
(a) 
Temporary or permanent buildings may not exceed 600 square feet in area.
(b) 
Such building shall be located at least 50 feet from the right-of-way line of the road.
(c) 
Temporary stands shall be dismantled at the end of each growing season.
(d) 
Parking shall be provided behind the highway right-of-way line at a ratio of one space for each 200 square feet of building floor area, or a minimum of three spaces.
(6) 
The provisions of this section are inapplicable to the sale of spent compost from mushroom operations, which shall be regulated per § 200-120.
The following regulations shall apply for antennas:
A. 
The highest point of an antenna shall not be higher than the setback of the antennas from the nearest lot line. When attached to a building, the height of the antennas shall be measured from the ground.
B. 
No more than two antennas shall be permitted per lot.
C. 
Nothing contained in this section shall supersede the provisions of Article XIII and any proposed antenna within the Airport Hazard Zone shall be in strict accordance with that article.
D. 
Antennas shall be located only within the side or rear yards of a lot, but not within the prescribed setback provisions of an applicable district.
[Amended 8-13-2001 by Ord. No. 142; 2-21-2017 by Ord. No. 220]
A. 
Purpose and intent.
(1) 
The purpose and intent of this section is to establish uniform standards for the siting, design, permitting, maintenance, and use of wireless communications facilities in New Garden Township (herein referred to as the "Township"). While the Township recognizes the importance of wireless communications facilities in providing high-quality communications service to its residents and businesses, the Township also recognizes that it has an obligation to protect the public safety and to minimize the adverse visual effects of such facilities through the standards set forth in the following provisions.
(2) 
By enacting these provisions, the Township intends to:
(a) 
Accommodate the need for wireless communications facilities while regulating their location and number so as to ensure the provision for necessary services;
(b) 
Provide for the managed development of wireless communications facilities in a manner that enhances the benefits of wireless communications and accommodates the needs of both Township residents and wireless carriers in accordance with federal and state laws and regulations;
(c) 
Establish procedures for the design, siting, construction, installation, maintenance and removal of both tower-based and non-tower-based wireless communications facilities in the Township, including facilities both inside and outside the public rights-of-way;
(d) 
Address new wireless technologies, including but not limited to distributed antenna systems, data collection units, cable Wi-Fi and other wireless communications facilities;
(e) 
Encourage applicants to seek joint use of existing wireless communications facilities and other tall structures;
(f) 
Minimize the adverse visual effects and the number of such facilities through proper design, siting, vegetative screening, material, color and finish by requiring that competing providers of wireless communications services co-locate their commercial communications antennas and related facilities on existing structures, including utility poles, public utility structures, buildings and other structures, where permitted;
(g) 
Ensure the structural integrity of commercial communications antenna support structures through compliance with applicable industry standards and regulations;
(h) 
Preserve the rural, suburban and urban character of neighborhoods adjacent to wireless communications facilities; and
(i) 
Promote the health, safety and welfare of the Township's residents.
B. 
General requirements for all tower-based wireless communications facilities. The following regulations apply to all tower-based wireless communications facilities (WCFs) in the Township:
(1) 
Standard of care. Any tower-based WCF shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related codes, including but not limited to the most recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, National Electrical Code, as well as the accepted and responsible workmanlike industry practices of the National Association of Tower Erectors. Any tower-based WCF shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or property in the Township.
(2) 
Notice. Upon submission of an application for a tower-based WCF and the scheduling of the public hearing upon the application, the applicant shall mail notice to all owners of every property within 1,500 feet of the property upon which the proposed facility is located. The applicant shall provide proof of the notification to the Township.
(3) 
Monopole design. All tower-based WCFs shall be monopoles. Such facilities shall be architecturally screened and landscaped to simulate other structures existing in the district, such as light poles, flagpoles, farm silos or trees; structures erected adjacent to trees or woodlands shall be camouflaged to resemble wood trees with single trunks and branches.
(4) 
Uses by right on parcels owned and controlled by New Garden Township. Tower-based WCFs may be permitted on any parcel owned or controlled by New Garden Township following review and recommendation by the Planning Commission. Location of said antenna(s) shall be at the discretion of the Township. Antenna(s) mounted on an existing structure shall be constructed to simulate the architectural facade and/or color of the building, structure or object to which they are attached. Freestanding WCFs shall abide by the requirements of Subsection B(3) above. If a separate wireless communications equipment building is proposed as part of the WCF, such building shall be constructed to simulate the architectural facade and color of adjacent buildings.
(5) 
Conditional uses. Tower-based WCFs are permitted in the following zoning districts of the Township: the RI Low Density Residential District (except all land within the district south of Broad Run Road); the C/I Commercial-Industrial District and the ADZ Airport Development Zone by conditional use, and only in such location within said districts and at a height necessary to satisfy their function in the applicant's wireless communications system. No applicant shall have the right under these regulations to erect a tower to the maximum height specified in this section unless it proves the necessity for such height. The applicant shall demonstrate that the antenna/tower/pole for the tower-based WCF is the minimum height necessary for the service area.
(a) 
Prior to the Board of Supervisors' approval of a conditional use authorizing the construction and installation of a tower-based WCF in a zoning district where the same is a permitted conditional use, it shall be incumbent upon the applicant for such conditional use approval to prove to the reasonable satisfaction of the Board that the applicant cannot adequately extend or infill its communications system by the use of antennas and/or non-tower WCFs.
(b) 
The conditional use application shall be accompanied by a propagation study evidencing the need for the proposed tower or other communications facilities and equipment, as well as a description of the type and manufacturer of the proposed transmission/radio equipment.
(c) 
The conditional use application shall be accompanied by documentation demonstrating that the proposed tower-based WCF complies with all state and federal laws and regulations concerning aviation safety.
(d) 
Where the tower-based WCF is located on a property with another principal use, the applicant shall present documentation to the Board that the owner of the property has granted an easement for the proposed WCF and that vehicular access will be provided to the facility.
(e) 
The conditional use application shall demonstrate that the proposed WCF complies with all other applicable regulations required in the conditional use process.
(6) 
Engineering inspection. Prior to the Township's issuance of a permit authorizing construction and erection of a tower-based WCF, a structural engineer registered in Pennsylvania shall issue to the Township a written certification of the proposed WCF's ability to meet the structural standards offered either by the Electronic Industries Association or the Telecommunication Industry Association and certify the proper construction of the foundation and erection of the structure.
(7) 
Visual appearance. Tower-based WCFs shall employ stealth technology. As discussed herein, all related equipment shall be aesthetically and architecturally compatible with the surrounding environment and shall maximize the use of a like facade to blend with the existing surroundings and neighboring buildings to the greatest extent possible.
(a) 
The Board of Supervisors may require that related equipment and buildings which house electrical transmitter equipment be placed underground, unless determined to be detrimental to the functioning and physical integrity of such equipment.
(b) 
In making this determination, the Board of Supervisors shall consider whether its decision will promote the harmonious and orderly development of the zoning district involved; encourage compatibility with the character and type of development existing in the area; benefit neighboring properties by preventing a negative impact on the aesthetic character of the community; preserve woodlands and trees existing at the site to the greatest possible extent; and encourage sound engineering and land development design and construction principles, practices and techniques.
(8) 
Co-location and siting.
(a) 
An application for a new tower-based WCF shall not be approved unless the Township finds that the antenna and related equipment planned for the proposed tower-based WCF cannot be accommodated on an existing or approved structure or building. The Board of Supervisors may deny an application to construct a new tower-based WCF if the applicant has not made a good faith effort to mount antenna(s) on an existing structure as set forth in this section. The applicant shall demonstrate that it contacted the owners of tall structures, buildings and towers within a 1/4 of a mile radius of the site proposed, sought permission to install antenna on those structures, buildings and towers and was denied for one of the following reasons:
[1] 
The proposed antenna and related equipment would exceed the structural capacity of the existing building, structure or tower, and its reinforcement cannot be accomplished at a reasonable cost;
[2] 
The proposed antenna and related equipment would cause radio frequency interference with other existing equipment for that existing building, structure or tower, and the interference cannot be prevented at a reasonable cost;
[3] 
Such existing buildings, structures or towers do not have adequate location, space, access or height to accommodate the proposed equipment or to allow it to perform its intended function; or
[4] 
A commercially reasonable agreement could not be reached with the owner of such building, structure or tower.
(b) 
An application for replacement, co-location or modification of a previously approved wireless support structure or WCF shall be reviewed for conformance with the Township's building permit requirements, including requirements applicable to the added structural loading of the proposed antennas and accessory equipment. These previously approved facilities shall not be subject to the issuance of new zoning or land use approvals, provided that there is no substantial change.
(9) 
Gap in coverage. An applicant for a tower-based WCF must demonstrate that a significant gap in wireless coverage exists with respect to all wireless operations in the applicable area and that the type of WCF being proposed is the least intrusive means by which to fill that gap in wireless coverage. The existence or nonexistence of a gap in wireless coverage shall be a factor in the Township's decision on an application for approval of tower-based WCFs.
(10) 
Additional antennas. As a condition for approval for all tower-based WCFs, the WCF applicant shall provide the Township with a written commitment that it will allow other service providers to co-locate antennas on tower-based WCFs where technically and economically feasible. The owner of the tower-based WCF shall not install any additional antennas or mount any WCF without first submitting detailed construction and elevation drawings for review and obtaining the prior written approval of the Township.
(11) 
Wind. Any tower-based WCF structures shall be designed to withstand the effects of wind according to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association and the Telecommunications Industry Association (ANSI/EIA/TIA-222-E, as amended).
(12) 
Height. Tower-based WCFs shall be designed at the minimum functional height. All tower-based WCF applicants must submit documentation to the Township justifying the total height of the structure. The maximum total height of any tower-based WCF, which is not located in the public ROW, shall not exceed 40 feet, as measured vertically from the ground level, including any base pad, to the highest point on the structure, including antennas and subsequent alterations. Should the WCF applicant prove that another provider of wireless communications services has agreed to co-locate antennas on the applicant's tower-based WCF and requires a greater tower height to provide satisfactory service for wireless communications than is required by the applicant, the total height of such Tower may exceed 40 feet if the applicant is granted a waiver from the Board; however, in no event shall the tower-based WCF exceed 120 feet.
(13) 
Related equipment building. Any building or other structure housing related equipment shall comply with the required yard height requirement of the applicable Zoning District for an accessory structure.
(14) 
Public safety communications. No tower-based WCF shall interfere with public safety communications or the reception of broadband, television, radio or other communications services enjoyed by occupants of nearby properties. If measurable interference does result from the installation and use of the tower-based WCF, the owner of the tower-based WCF shall take immediate appropriate measures to abate the interference or cease operation.
(15) 
Maintenance. The following maintenance requirements shall apply:
(a) 
Any tower-based WCF shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair.
(b) 
Such maintenance shall be performed to ensure the upkeep of the facility in order to promote the safety and security of the Township's residents.
(c) 
All maintenance activities shall utilize nothing less than the best available technology for preventing failures and accidents.
(16) 
Radio frequency emissions. No tower-based WCF may, by itself or in conjunction with other WCFs, generate radio frequency emissions in excess of the standards and regulations of the FCC, including, but not limited to, the FCC Office of Engineering Technology Bulletin 65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended.
(17) 
Historic buildings or districts. No tower-based WCF shall be located on property and/or on a building or structure that is listed on either the National or Pennsylvania Registers of Historic Places, or eligible to be so listed, or is included in the official historic structures and/or historic districts maintained by the Township. No tower-based WCF shall be located on an immediately adjacent property and/or on an immediately adjacent building or structure unless it can be shown to the satisfaction of the Board that the requirements of § 200-119B(7) can be met in a manner that does not adversely affect the context of the historic resource.
(18) 
Signs. All tower-based WCFs shall post a sign in a readily visible location identifying the name and phone number of a party to contact in the event of an emergency. The only other signage permitted on the WCF shall be those required by the FCC or any other federal or state agency.
(19) 
Lighting. No tower-based WCF shall be artificially lighted, except as required by law. If lighting is required, the applicant shall provide a detailed plan for sufficient lighting demonstrating as unobtrusive and inoffensive an effect as is permissible under state and federal regulations.
(20) 
Noise. Tower-based WCFs shall be operated and maintained so as not to produce noise in excess of applicable noise standards under state law and the Township Code, except in emergency situations requiring the use of a backup generator or for the purpose of periodic maintenance by the wireless communications provider's technicians, where such noise standards may be exceeded on a temporary basis only.
(21) 
Aviation safety. Tower-based WCFs shall comply with all federal and state laws and regulations concerning aviation safety.
(22) 
Retention of experts. The Township may hire any consultant(s) and/or expert(s) necessary to assist the Township in reviewing and evaluating the application for approval of the tower-based WCF and, once approved, in reviewing and evaluating any potential violations of the terms and conditions to the Zoning Ordinance. The WCF applicant and/or owner of the WCF shall reimburse the Township for all costs of the Township's consultant(s) in providing expert evaluation and consultation in connection with these activities.
(23) 
Timing of approval. Within 30 calendar days of the date that an application for a tower-based WCF is filed with the Township, the Township shall notify the WCF applicant in writing of any information that may be required to complete such application. All applications for WCFs on existing structures shall be acted upon within 90 days of the date of a fully completed application for the approval of such WFC. All applications for tower-based WCFs shall be acted upon within 150 days of the receipt of a fully completed application for the approval of such tower-based WCF, and the Township shall advise the applicant in writing of its decision. If additional information was requested by the Township to complete an application, the time required by the applicant to provide the information shall not be counted toward the one-hundred-fifty-day review period.
(24) 
Nonconforming uses. Nonconforming tower-based WCFs which are hereafter damaged or destroyed due to any reason or cause may be repaired and restored at their former location but must otherwise comply with the applicable terms and conditions of this section. Co-location on existing nonconforming WCFs is permitted.
(25) 
Removal. In the event that use of a tower-based WCF is planned to be discontinued, the owner shall provide written notice to the Township of its intent to discontinue use and the date when the use shall be discontinued. Unused or abandoned WCFs or portions of WCFs shall be removed as follows:
(a) 
All unused or abandoned tower-based WCFs and accessory facilities shall be removed within 90 days of the cessation of operations at the site unless a time extension is approved by the Township.
(b) 
If the WCF and/or accessory facility is not removed within 90 days of the cessation of operations at a site, or within any longer period approved by the Township, the WCF and accessory facilities and equipment may be removed by the Township and the cost of removal assessed against the owner of the WCF or the owner of the property upon which the WCF is located.
(c) 
Any unused portions of tower-based WCFs, including antennas, shall be removed within 90 days of the date of cessation of operations. The Township must approve all replacements of portions of a tower-based WCF previously removed.
(26) 
Permit fees. The Township may assess appropriate and reasonable permit fees directly related to the Township's actual costs in reviewing and processing the application for approval of a tower-based WCF, as well as related inspection, monitoring, and related costs. Such fees shall be adopted by resolution of the New Garden Township Board of Supervisors.
(27) 
FCC license. Each person that owns or operates a tower-based WCF shall submit a copy of its current FCC license, including the name, address and emergency telephone number for the operator of the facility.
(28) 
Reservation of rights. In accordance with applicable law, the Township reserves the right to deny an application for the construction or placement of any tower-based WCF for numerous factors, including, but not limited to, visual impact, design and safety standards.
(29) 
Insurance. Each person that owns or operates a tower-based WCF greater than 40 feet in height shall provide the Township with a certificate of insurance evidencing general liability coverage in the minimum amount of $5,000,000 per occurrence and property damage coverage in the minimum amount of $5,000,000 per occurrence covering the tower-based WCF. Each person that owns or operates a tower-based WCF less than 40 feet in height shall provide the Township with a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering the tower-based WCF.
(30) 
Indemnification. Each person that owns or operates a tower-based WCF shall, at its sole cost and expense, indemnify, defend and hold harmless the Township, its elected and appointed officials, employees and agents, at all times against any and all claims for personal injury, including death and property damage arising in whole or in part from, caused by or connected with any act or omission of the person, its officers, agents, employees or contractors arising out of, but not limited to, the construction, installation, operation, maintenance or removal of the tower-based WCF. Each person that owns or operates a tower-based WCF shall defend any actions or proceedings against the Township in which it is claimed that personal injury, including death, or property damage was caused by the construction, installation, operation, maintenance or removal of tower-based WCF. The obligation to indemnify, hold harmless and defend shall include, but not be limited to, the obligation to pay judgments, injuries, liabilities, damages, reasonable attorney's fees, reasonable expert fees, court costs and all other costs of indemnification.
(31) 
Facility security. All tower-based WCFs shall have an integral security platform, or other means with locked access, to prevent unauthorized climbing of the tower.
(32) 
Engineer signature. All plans and drawings for a tower-based WCF structure/tower and antenna shall contain a seal and signature of a professional structural engineer, licensed in the Commonwealth of Pennsylvania.
(33) 
Financial security. Prior to the receipt of a zoning permit for the construction or placement of a tower-based WCF, the applicant shall provide to the Township financial security sufficient to guarantee the removal of the tower-based WCF. Said financial security shall remain in place until the tower-based WCF is removed.
(34) 
Proof of annual inspection.
(a) 
The owner of a tower-based WCF shall submit, on an annual basis, proof of inspection of the facility as required by the ANSI/EIA/TIA-222-E Code, as amended. Based on the results of such inspection, the Board of Supervisors may require removal or repair of the tower-based WCF.
(b) 
In the event that the annual inspection referred to above is not performed in a timely manner or if the owner of the WCF fails to make the necessary repairs or to remove the facility when directed by the Board of Supervisors, the owner shall be subject to civil enforcement proceedings in accordance with § 200-146.
C. 
Tower-based WCF outside of the rights-of-way. The following additional regulations shall apply to tower-based wireless communications facilities located outside the rights-of-way:
(1) 
Location. Tower-based WCFs which are 40 feet or higher in height shall not be located within 75 feet of any underground utilities (except for sewer and water) and except as otherwise permitted by the Zoning Ordinance. Such tower-based WCFs may be located in the following zoning districts:
(a) 
As a use by right on parcels owned or controlled by New Garden Township per Subsection B(4) above.
(b) 
As a conditional use in the R1, C/I and ADZ Districts per Subsection B(5) above.
(2) 
Sole use on a lot. A tower-based WCF may be permitted as a sole use on a lot, provided that the underlying lot is at least one acre. The minimum distance between the base of a tower-based WCF and any adjoining property line or street right-of-way line shall equal 110% of the proposed WCF structure height. No more than one WCF may be permitted per lot.
(3) 
Combined with another use. A tower-based WCF may be permitted on a property with an existing use on or on a vacant parcel in combination with another use subject to the following conditions:
(a) 
The existing use on the property shall be any permitted use in the applicable district and need not be affiliated with the WCF.
(b) 
Minimum setbacks. The minimum distance between the base of a tower-based WCF and any adjoining property line or street right-of-way line shall equal 110% of the proposed height of the tower-based WCF. At the Board's sole discretion, the Board may allow a reduced setback if it is demonstrated to the reasonable satisfaction of the Board that in the event of failure the WCF is designed to collapse upon itself within a setback area less than the required minimum setback without endangering such adjoining uses and their occupants.
(4) 
Gap in coverage. An applicant for a tower-based WCF must demonstrate that a significant gap in wireless coverage exists with respect to the applicant's operation in the applicable area and that the type of WCF being proposed is the least intrusive means by which to fill that gap in wireless coverage or upon demonstration that lack of adequate capacity is likely to exist within one year of the filing of the application with respect to the applicant in the area. The existence or nonexistence of a gap in wireless coverage shall be a factor in the Township's decision on an application for approval of a tower-based WCF.
(5) 
Design regulations.
(a) 
The WCF shall employ the most current stealth technology available in an effort to appropriately blend into the surrounding environment and minimize aesthetic impact which shall be subject to the final approval of the Township.
(b) 
To the extent permissible by law, any height extensions to a tower-based WCF shall require prior approval of the Township.
(c) 
Any proposed tower-based WCF shall be designed structurally, electrically, and in all respects to accommodate both the WCF applicant's antennas and comparable antennas for future users.
(6) 
Surrounding environs.
(a) 
The tower-based WCF applicant shall ensure that the existing vegetation, trees and shrubs located within proximity to the WCF structure shall be preserved to the maximum extent possible.
(b) 
Evergreen bushes or other appropriate native plant opaque shrubs, a minimum of five feet in height, shall be planted immediately adjacent to the fencing at an interval not greater than three feet on center, except adjacent to that portion of the fence at which is located an access gate.
(c) 
Soil report. The applicant shall submit a soil report to the Township complying with the standards of Appendix I: Geotechnical Investigations, ANSI/ETA 222-B, as amended, to document and verify the design specifications of the foundation of the tower-based WCF, and anchors for guy wires, if used.
(7) 
Screening.
(a) 
A security fence constructed of wood or wood-like composite material, having a maximum height of 10 feet, shall completely surround any tower-based WCF greater than 40 feet in height, as well as guy wires, or any building housing WCF equipment. The fence shall not be topped with barbed wire.
(b) 
Landscaping. The applicant shall provide a plan prepared by a landscape architect showing landscaping proposed to be installed to screen and buffer the wireless communications facility. The landscape plan shall incorporate a mix of native vegetation, including evergreens, shrubbery and trees, which shall not be less than the height of the fence and shall be of sufficient density to screen the facility. Fences shall be designed and constructed in such a manner that unauthorized entry onto the site is precluded. Existing vegetation on and around the wireless communications facility shall be preserved to the greatest extent possible. All proposed landscaping shall comply with the requirements of the Township's Zoning Ordinance. Applicants shall submit a visual survey from mutually agreed upon vantage points in order to support the proposed landscaping plan's mitigation of visual impacts.
(8) 
Accessory equipment.
(a) 
Ground-mounted equipment associated to, or connected with, a tower-based WCF shall be underground unless the applicant can demonstrate to the satisfaction of the Township that the equipment cannot be located underground, in which case the ground-mounted equipment shall be screened from public view using stealth technologies, as described herein.
(b) 
All utility buildings and accessory structures shall be architecturally designed to blend into the environment in which they are situated and shall meet the minimum setback requirements of the underlying zoning district.
(9) 
Access road. An access drive, turnaround space and necessary parking shall be provided to ensure adequate emergency and service access to a tower-based WCF. Maximum use of existing roads, whether public or private, shall be made to the extent practicable. Road construction shall at all times minimize ground disturbance and the cutting of vegetation. Road grades shall closely follow natural contours to assure minimal visual disturbance and minimize soil erosion. Where applicable, the WCF owner shall present documentation to the Township that the property owner has granted an easement for the proposed facility.
(10) 
Parking. For each tower-based WCF greater than 40 feet in height, there shall be two off-street parking spaces.
(11) 
Inspection. The Township reserves the right to inspect any tower-based WCF to ensure compliance with the provisions of this section and any other provisions found within the Township Code or state or federal law. The Township and/or its agents shall have the authority to enter the property upon which a WCF is located at any time, upon reasonable notice to the operator to ensure such compliance.
D. 
Tower-based WCF in the rights-of-way. The following regulations shall apply to tower-based wireless communications facilities located in the rights-of-way (ROW):
(1) 
Location. Tower-based WCF which are 40 feet or shorter in height shall not be located within 50 feet of any underground utilities (except for sewer and water) and shall not be located within any right-of-way that directly fronts or abuts the front yard setback area of a residential dwelling. Such tower-based WCFs are permitted within certain districts along certain corridors and roadways, regardless of the underlying zoning district, as follows:
(a) 
Gap Newport Pike.
(b) 
Newark Road.
(c) 
Baltimore Pike.
(d) 
Penn Green Road.
(e) 
Starr Road.
(f) 
U.S. Route 1.
(2) 
Time, place and manner. The Township shall determine the time, place and manner of construction, maintenance, repair and/or removal of all tower-based WCFs in the ROW based on public safety, traffic management, physical burden on the ROW and related considerations. For public utilities, the time, place and manner requirements shall be consistent with the police powers of the Township and the requirements of the Public Utility Code.
(3) 
Permit required. A road opening permit shall be required.
(4) 
Equipment location. Tower-based WCFs and related equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, or to otherwise create safety hazards to pedestrians and/or motorists or to otherwise inconvenience public use of the ROW as determined by the Township. Additionally:
(a) 
In no case shall ground-mounted equipment, walls or landscaping be located within 18 inches of the edge of the roadbed or the face of the curb.
(b) 
Ground-mounted equipment that cannot be underground shall be screened, to the fullest extent possible, through the use of landscaping or other decorative features to the satisfaction of the Township.
(c) 
Required electrical meter cabinets shall be screened to blend in with the surrounding area to the satisfaction of the Township.
(d) 
Any graffiti on the tower or on any accessory equipment shall be removed at the sole expense of the owner within 10 business days of notice of the existence of the graffiti.
(e) 
Any underground vaults related to tower-based WCFs shall be reviewed and approved by the Township.
(5) 
Design regulations.
(a) 
The WCF shall employ the most current stealth technology available in an effort to appropriately blend into the surrounding environment and minimize aesthetic impact, subject to the approval of the Township.
(b) 
Tower-based WCFs in the public ROW shall not exceed 40 feet in height.
(c) 
To the extent permissible under state and federal law, any height extensions to an existing tower-based WCF shall require approval of the Township and shall not increase the overall height of the tower-based WCF to more than 40 feet.
(d) 
Any proposed tower-based WCF shall be designed structurally, electrically and in all respects to accommodate both the WCF applicant's antennas and comparable antennas for future users.
(6) 
Relocation or removal of facilities. Within 60 days following written notice from the Township, or such longer period as the Township determines is reasonably necessary or such shorter period in the case of an emergency, an owner of tower-based WCF in the ROW shall at its own expense temporarily or permanently remove, relocate, change or alter of the position of any WCF when the Township, consistent with its police powers and applicable Public Utility Commission regulations, shall determine that such removal, relocation, change or alteration is reasonably necessary under the following circumstances:
(a) 
The construction, repair, maintenance or installation of any Township or other public improvement in the right-of-way;
(b) 
The operations of the Township or other governmental entity in the right-of-way;
(c) 
Vacation of a street or road or the release of a utility easement; or
(d) 
An emergency as determined by the Township.
(7) 
Reimbursement for ROW use. In addition to permit fees as described in this section, every tower-based WCF in the ROW is subject to the Township's right to fix annually a fair and reasonable compensation to be paid for use and occupancy of the ROW. Such compensation for ROW use shall be directly tower-based WCF related to the Township's actual ROW management costs, including but not limited to the costs of administration and performance of all reviewing, inspecting, permitting, supervising and other ROW management activities by the Township. The owner of each tower-based WCF shall pay an annual fee to the Township to compensate the Township for the Township's costs incurred in connection with the activities described above.
E. 
General requirements for all non-tower wireless communications facilities.
(1) 
The following regulations shall apply to all non-tower wireless communications facilities located within the Township:
(a) 
Accessory use to existing electrical transmission structures. Non-tower WCFs shall be considered to be an accessory use to existing electrical transmission structures, when affixed to such transmission structures, and shall by right be permitted in all zoning districts in the Township where transmissions structures are permitted.
(b) 
Standard of care. Any non-tower WCFs shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related codes, including but not limited to the most recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, and National Electrical Code. Any WCF shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property in the Township.
(c) 
Wind. All non-tower WCFs shall be designed to withstand the effects of wind according to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association and Telecommunications Industry Association (ANSI/TIA-222, as amended).
(d) 
Aviation safety. Non-tower WCFs shall comply with all federal and state laws and regulations concerning aviation safety.
(e) 
Public safety communications. Non-tower WCFs shall not interfere with public safety communications or the reception of broadband, television, radio or other communications services enjoyed by the occupants of nearby properties. If measurable interference does result from the installation and use of the non-tower WCF, the owner of the non-tower WCF shall take immediate appropriate measures to abate the interference or cease operations.
(f) 
Radio frequency emissions. Non-tower WCFs shall not by themselves or in conjunction with other WCFs generate radio frequency emissions in excess of the standards and regulations of the FCC, including but not limited to the FCC Office of Engineering Technology Bulletin 65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended.
(g) 
Removal. In the event that use of a non-tower WCF is discontinued, the owner shall provide written notice to the Township of its intent to discontinue use and the date when the use shall be discontinued. Unused or abandoned WCFs or portions of WCFs shall be removed as follows:
[1] 
All abandoned or unused WCFs and accessory facilities shall be removed within two months of the cessation of operations at the site unless a time extension is approved by the Township.
[2] 
If the WCF or accessory facility is not removed within two months of the cessation of operations at a site, or within any longer period approved by the Township, the WCF and/or associated facilities and equipment may be removed by the Township and the cost of removal assessed against the owner of the WCF.
(h) 
Time of approval. Within 30 calendar days of the date that an application for a non-tower WCF is filed with the Township, the Township shall notify the applicant in writing of any information that may be required to complete such application. Within 90 calendar days of the receipt of a complete application, the Township shall make its final decision in writing of such decision. If additional information was requested by the Township to complete an application, the time required by the applicant to provide the additional information shall not be counted toward the Township's ninety-day review period. The time of approval shall not apply to any non-tower WCF required to proceed through conditional use approval.
(i) 
Insurance. Each person that owns or operates a non-tower WCF shall provide the Township with a certificate of insurance evidencing general liability coverage and property damage coverage; coverage amounts shall be established in consultation with the Board of Supervisors. In no case shall general liability coverage be less than $1,000,000 per occurrence and property damage coverage be less than $1,000,000 per occurrence covering the non-tower WCF.
(j) 
Indemnification. Each person that owns or operates a non-tower WCF shall, at is sole cost and expense, indemnify, defend and hold harmless the Township, its elected and appointed officials, employees and agents, at all times against any and all claims for personal injury, including death, and property damage arising in whole or in part from, caused by or connected with any act or omission of the person, its officers, agents, employees or contractors arising out of, but not limited to, the construction, installation, operation, maintenance or removal of the non-tower WCF. Each person that owns or operates a non-tower WCF shall defend any actions or proceedings against the Township in which it is claimed that personal injury, including death, or property damage was caused by the construction, installation, operation, maintenance or removal of a non-tower WCF. The obligation to indemnify, hold harmless and defend shall include, but not be limited to, the obligation to pay judgments, injuries, liabilities, damages, reasonable attorney's fees, reasonable expert fees, court costs and all other costs of indemnification.
(k) 
Maintenance. To the extent permitted by law, the following maintenance requirements shall apply:
[1] 
The non-tower WCF shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair.
[2] 
Such maintenance shall be performed to ensure the upkeep of the facility in order to promote the safety and security of the Township's residents.
[3] 
All maintenance activities shall utilize nothing less than the best available technology for preventing failures and accidents.
(l) 
Reservation of rights. In accordance with applicable law, the Township reserves the right to deny an application for the construction or placement of any non-tower WCF for numerous factors, which include but are not limited to visual impact and design and safety standards.
(m) 
Historic buildings. No non-tower WCF shall be located on property and/or on a building or structure that is listed on either the National or Pennsylvania Registers of Historic Places, or is eligible to be so listed, or is included in the official historic structures and/or historic districts maintained by the Township. No non-tower WCF shall be located on an immediately adjacent property and/or on an immediately adjacent building or structure unless it can be shown to the satisfaction of the Board that the requirements of § 200-119B(7) can be met in a manner that does not adversely affect the context of the historic resource.
(n) 
Proof of annual inspection.
[1] 
The owner of a non-tower WCF shall submit on an annual basis proof of inspection of the facility as required by the ANSI/EIA/TIA-222-E-Code, as amended. Based on the results of such inspection, the Board of Supervisors may require removal or repair of non-tower WCFs.
[2] 
In the event that the annual inspection referred to above is not performed in a timely manner or if the owner of the WCF fails to make the necessary repairs or to remove the facility when directed by the Board of Supervisors, the owner shall be subject to civil enforcement proceedings in accordance with § 200-146.
(2) 
In addition to the regulations of Subsection E(1) of this section, the following regulations shall apply to all non-tower WCFs that do not substantially change the physical dimensions of the wireless support structure to which they are attached:
(a) 
Non-tower WCFs that do not substantially change the physical dimension of the wireless support structure may be eligible for a sixty-day time frame for review. The applicant shall assert such eligibility in writing to the Township and provide documentation reasonably related to the determining whether the application is eligible for the shortened review time frame. If warranted, such application shall be reviewed within the sixty-day time frame.
(b) 
Related equipment. Ground-mounted related equipment greater than three cubic feet shall not be located within 25 feet of a lot in residential use or zoned residential.
(c) 
Permit required. Applicants proposing the modification of an existing tower-based WCF, in order to accommodate a non-tower WCF, shall obtain the applicable permit from the Township zoning office. In order to be considered for such permit, the WCF applicant must submit a permit application to the Township in accordance with applicable permit policies and procedures.
(d) 
Permit fees. The Township may assess appropriate and reasonable permit fees directly related to the Township's actual costs in reviewing and processing the application for approval of a non-tower WCF, as well as related inspection, monitoring and related costs. Such fees shall be adopted by resolution of the New Garden Township Board of Supervisors or $1,000, whichever is less.
(3) 
In addition to the regulations in Subsection E(1) of this section, the following additional regulations shall apply to all non-tower wireless communications facilities that do substantially change the wireless support structure to which they are attached:
(a) 
Prohibited on certain structures. Non-tower WCFs shall not be located on single-family detached residences, single-family attached residences, or any residential accessory structure.
(b) 
Conditional use authorization. When the Pennsylvania Wireless Broadband Collocation Act (WBCA) does not apply to the proposed siting of a new non-tower WCF application, the approval process for such application shall be conditional use. When a conditional use application is required, the regulations set forth in this section shall apply to the facility, dependent upon its proposed location. New construction and modifications that do not fall within the provisions of the WBCA shall be prohibited without conditional use authorization.
(c) 
Historic Buildings. Non-tower WCFs shall not be located on a property, and/or on a building or structure that is listed on either the National or Pennsylvania Registers of Historic Places, or is eligible to be so listed, or is listed on the official historic structures and/or historic districts list maintained by the Township, or has been designated by the Township to be of historical significance.
(d) 
Retention of experts. The Township may hire any consultant(s) and/or expert(s) necessary to assist the Township in reviewing and evaluating the application for approval of the WCF and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of these provisions. The applicant and/or owner of the WCF shall reimburse the Township for all costs of the Township's consultant(s) in providing expert evaluation and consultation in connection with these activities.
(e) 
Permit fees. The Township may assess appropriate and reasonable permit fees directly related to the Township's actual costs in reviewing and processing the application for approval of a non-tower WCF, as well as related inspection, monitoring and related costs. Such fees shall be adopted by resolution of the New Garden Township Board of Supervisors.
F. 
Non-tower wireless communications facilities outside of the rights-of-ways. The following additional regulations shall apply to non-tower WCFs located outside the rights-of-way that substantially change the wireless support structure to which they are attached:
(1) 
Developing regulations. Non-tower WCFs shall be co-located on existing structures, such as existing buildings or tower-based WCFs subject to the following conditions:
(a) 
In accordance with industry standards, all non-tower WCF applicants must submit documentation to the Township justifying the total dimensions, including height, of the non-tower structure. Such documentation shall be analyzed on an individual basis.
(b) 
The height of a non-tower WCF affixed to an electrical transmission structure shall be no higher than six feet above the height of the underlying structure to which the non-tower WCF is affixed.
(c) 
The total height of any nonelectrical transmission support structure and mounted WCF shall not exceed the maximum height permitted in the underlying zoning district, unless the WCF applicant applies for and subsequently obtains a variance.
(d) 
If the WCF applicant proposes to locate related equipment in a separate building, the building shall comply with the minimum requirements for the applicable zoning district.
(e) 
A security fence constructed of wood or wood-like composite material, having a maximum height of 10 feet shall completely surround any separate communications equipment building. Vehicular access to the communications equipment building shall not interfere with the parking or vehicular circulations on the site for the principal use.
(f) 
Landscaping shall be required to screen as much of the newly constructed WCF, equipment building, and related equipment as possible. Landscaping shall include a mix of native vegetation, including evergreens, shrubbery and trees, which shall not be less than the height of the fence and shall comply with the Township's Environmental Protection Ordinance and Subdivision and Land Development Ordinance. Applicants shall submit a visual survey from mutually agreed upon vantage points in order to support the proposed landscaping plan's mitigation of visual impacts.
(2) 
Design regulations.
(a) 
Non-tower WCFs shall employ stealth technology and be treated to match the supporting structure in order to maximize aesthetic impact. The application of stealth technology chosen by the WCF applicant shall be subject to the approval of the Township.
(b) 
Noncommercial usage exemption. Township citizens utilizing satellite dishes and antennas for the purpose of maintaining television, phone, and/or Internet connections at their respective residences shall be exempt from the design regulations enumerated in this section.
(3) 
Removal, replacement and modification. The removal and replacement of non-tower WCFs and/or accessory equipment for the purpose of upgrading or repairing the WCF is permitted, so long as such repair or upgrade does not increase the overall size of the WCF or the numbers of antennas. Any material modification to a WCF shall require a prior amendment to the original permit or authorization.
(4) 
Inspection. The Township reserves the right to inspect any WCF to ensure compliance with the provisions of the Zoning Ordinance and any other provisions found within the Township Code or state or federal law. The Township and/or its agents shall have the authority to enter the property upon which a WCF is located at any time, upon reasonable notice to the operator, to ensure such compliance.
G. 
Non-tower wireless communications facilities in the public rights-of-way. The following additional regulations shall apply to all non-tower wireless communication facilities located in the public rights-of-way:
(1) 
Co-location. Non-tower WCFs in the ROW shall be co-located on existing poles, such as existing utility poles or light poles. If co-location is not technologically feasible, the applicant shall locate its non-tower WCFs on existing poles that do not already act as wireless support structures with Township approval.
(2) 
Design requirements.
(a) 
WCF installations located above the surface grade in the public ROW, including on streetlights and joint utility poles, shall consist of equipment components that are no more than six feet in height above the height of the underlying structure to which the non-tower WCF is affixed. All equipment shall be the smallest and least visibly intrusive equipment feasible.
(b) 
Antennas, support equipment, and related equipment shall be treated to match the supporting structure. WCFs and accompanying equipment shall be painted, or otherwise coated, to be visually compatible with the support structure upon which they are mounted.
(3) 
Time, place and manner. The Township shall determine the time, place and manner of construction, maintenance, repair and/or removal of all non-tower WCFs in the ROW based on public safety, traffic management, physical burden on the ROW and related considerations. For public utilities, the time, place and manner requirements shall be consistent with the police powers of the Township and the requirements of the Public Utility Code.
(4) 
A road opening permit shall be required.
(5) 
Equipment location. Non-tower WCFs and accessory equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, or to otherwise create safety hazards to pedestrians and/or motorists or to otherwise inconvenience public use of the ROW as determined by the Township. In addition:
(a) 
In no case shall ground-mounted equipment, walls, or landscaping be located within 18 inches of the edge of the cartway or the face of the curb or within an easement extending onto a privately owned lot.
(b) 
Ground-mounted equipment that cannot be undergrounded shall be screened, to the fullest extent possible, through the use of landscaping and other decorative features, as needed, to the satisfaction of the Township. Landscaping shall include a mix of native vegetation, including evergreens, shrubbery and trees, which shall not be less than the height of the fence and shall be sufficient density to screen the facility. All proposed landscaping shall comply with the requirements of the Township's Zoning Ordinance. Applicants shall submit a visual survey from mutually agreed upon vantage points in order to support the proposed landscaping plan's mitigation of visual impacts.
(c) 
Required electrical meter cabinets shall be screened to blend in with the surrounding area to the satisfaction of the Township.
(d) 
Any graffiti on the tower or on any accessory equipment shall be removed at the sole expense of the owner within 10 business days of notice of the existence of the graffiti.
(e) 
Any proposed underground vault related to non-tower WCFs shall be reviewed and approved by the Township.
(6) 
Relocation or removal of facilities. Within 60 days following written notice from the Township, or such longer period as the Township determines is reasonably necessary or such shorter period in the case of an emergency, an owner of a WCF in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any WCF when the Township, consistent with its police powers and applicable Public Utility Commission regulations, shall have determined that such removal, relocation, change or alteration is reasonable necessary under the following circumstances:
(a) 
The construction, repair, maintenance or installation of any Township or other public improvement in the right-of-way;
(b) 
The operations of the Township or other governmental entity in the right-of-way;
(c) 
Vacation of a street or road or the release of a utility easement; or
(d) 
An emergency determined by the Township.
Commercial composting shall comply with the following regulations:
A. 
Where composting is performed indoors, the minimum lot size shall be 30 acres. All structures and composting facilities shall be set back from all property lines by a minimum of 100 feet.
(1) 
Indoor composting facilities, including the storage of raw materials and by-products associated with composting are prohibited in the following locations: within the one-hundred-year floodplain; within 100 feet of a wetland; within 100 feet of a sinkhole; within 100 feet of a stream or other waters of the commonwealth; within 300 feet of a drinking water source; within 100 feet of the property boundary; and in areas where seasonal high water table is less than 20 inches from surface during any season of the year if carried out on bare soil.
[Added 4-25-2016 by Ord. No. 217]
B. 
Where commercial composting is performed outdoors, the minimum lot size shall be 100 acres. All structures and composting facilities shall be set back from all property lines by a minimum of 200 feet.
(1) 
Outdoor composting facilities, including storage of raw materials and by-products associated with composting, are prohibited in the following locations: Within the one-hundred-year floodplain; within 100 feet of a wetland; within 100 feet of a sinkhole; within 100 feet of a stream or other waters of the commonwealth; within 300 feet of a drinking water source; within 200 feet of the property boundary; and, in areas where seasonal high water table is less than 20 inches from the surface during any season of the year if carried out on bare soil.
[Added 4-25-2016 by Ord. No. 217]
C. 
Maximum impervious lot coverage for commercial composting shall not exceed 65% of the net lot/tract area.
[Added 4-25-2016 by Ord. No. 217]
A. 
Intent. It is the intent of this section to promote the following goals:
(1) 
To encourage the establishment of a sufficient number and a variety of day-care arrangements in safe and convenient locations through the Township in order to accommodate the growing demand of residents and workers for such services, while meeting the operational and physical standards of the Pennsylvania Department of Public Welfare (DPW).
(2) 
To permit family and group day-care homes to be located in residential surroundings so as to offer children a home environment conducive to healthy and safe development, while adhering to standards designed to preserve the residential character of neighborhoods in which such child day-care home may be situated.
B. 
General provisions. The following general provisions apply to each of the three defined types of day-care facilities. In addition, each type of day-care facility shall comply with the specific individual regulations for each type of facility.
(1) 
Categories included. The provisions of this section pertain to day-care service for children, elderly or handicapped individuals by care givers in "family day-care homes," "group day-care homes," and "day-care centers," except that children, elderly and handicapped individuals may not be cared for in the same facility.
(2) 
Registration and licensing. Family day-care homes, as defined in this chapter, must hold an approved and currently valid DPW registration certificate. Group day-care homes and day-care centers, as defined in this chapter, must hold an approved and currently valid DPW license. In addition, all child day-care facilities shall comply with all current DPW regulations including those standards governing adequate indoor space, accessible outdoor play space, and any applicable state or local building and fire safety codes.
(3) 
Municipal notification. Each operator of a newly established day-care facility shall notify the Township in writing at least 10 days prior to the initiation of such use, for the purpose of allowing the Township to establish a record of the new land use and for the purpose of issuing a permit for the intended use. Already existing licensed or registered facilities shall be required to notify the Township of its operation in writing at least 60 days after the enactment of this chapter. In addition, the operator of any facility must certify compliance with all aspects of this chapter and all other applicable Township requirements including the use permit as required by the Township.
(a) 
Family day-care homes must provide proof of an approved DPW registration certificate at the time of initial notification to the Township, and must show proof of the registration renewal every two years.
(b) 
At such time that a family day-care home wishes to expand its operation to the level of a group day-care home, the operator of the facility shall notify the Township in writing at least 10 days prior to the expansion of the use and provide proof that all requirements for licensure by DPW have been met. The operator must also satisfactorily demonstrate that the facility meets the standards for group day-care homes established in Subsection D of this section.
(4) 
Inspection. The operator of a family day-care home, group day-care home, or day-care center will allow appropriate representatives of the Township to enter the property at reasonable times to inspect such use for compliance with the requirements of this section and all other applicable Township and state ordinances.
(5) 
Occupancy.
(a) 
Day care shall be provided at any one time to four, five, or six persons in family day-care homes.
(b) 
Group day-care homes shall provide care for more than six but no more than 12 persons.
(c) 
Day-care centers shall provide care for seven or more persons at any one time.
(6) 
General safety. No portion of a day-care facility shall be located within a three-hundred-foot distance from any activity which would pose a threat to the safety and welfare of the children, staff or other occupants at the facility. Hazardous land use or activities include, but shall not be limited to, gasoline service stations, heavy industrial operations, storage of flammable or high pressure underground pipelines and truck or rail loading areas.
(7) 
Hours of outside play. Outside play shall be limited to the hours between 8:00 a.m. and 7:00 p.m. or sunset, whichever comes first.
(8) 
Outdoor play area. An outdoor play area shall be provided for any proposed day-care facility.
(a) 
Outdoor play area. An on-site outdoor play area shall be located in yard areas which provide adequate separation, safety, and protection from adjoining uses, properties, and roadways. The on-site outdoor play area shall be located in the back yard or rear of the proposed facility. Designated on-site outdoor play areas shall be set back at least 10 feet from all property lines.
(b) 
Fencing of outdoor play area. In order to physically contain the activity of children in the outdoor play area, a minimum four-foot-high fence shall be erected along the perimeter of the outdoor play area. Fencing may be substituted by natural barriers such as hedgerows, walls and dense vegetation, if it can be demonstrated that such barriers can effectively contain the activity of the children. If there are unsafe areas, such as open drainage ditches, wells, holes and heavy street traffic in or near to an outdoor play area, there shall be fencing to restrict children from these areas.
(c) 
Outdoor play area dimensions.
[1] 
Six thousand square feet of outdoor play area shall be provided by a day-care facility which contains four to six children.
[2] 
Eleven thousand square feet of outdoor play area shall be provided by a day-care facility which contains seven to 11 children.
[3] 
Twenty-two thousand square feet of outdoor play area shall be provided by a day-care facility which contains 12 to 25 children.
[4] 
Forty-four thousand square feet of outdoor play area shall be provided by a day-care facility which contains 26 to 50 children.
(9) 
Indoor play area. One hundred square feet of indoor play area shall be provided for each child within a day-care facility, but shall be no less than 500 square feet.
(10) 
Altering exterior of residential structures. Any addition or improvements to an existing residential structure or property for purposes of day care shall preserve its residential character. The scale, bulk, height and roof pitch of any addition and the building materials used shall be compatible with the existing structure. Any improvements to the structure shall be in compliance with all other applicable Township regulations relating to building and/or zoning permits.
(11) 
Traffic impact study. Any proposed day-care facility which will generate 100 or more new trips during the morning or evening peak hour shall be required to conduct a traffic impact study.
(a) 
The purpose of the traffic impact study is to provide the Board of Supervisors with adequate information and data to properly assess:
[1] 
The impact of the proposed facility on the surrounding road and street network as well as on streets and roads providing immediate access to the proposed development.
[2] 
The need for capital improvements to the existing transportation network which will be needed to accommodate the additional traffic generated by the proposed facility.
[3] 
Traffic and/or pedestrian safety issues which may arise from the proposed facility.
(12) 
On-lot sewage disposal. For properties utilizing an on-lot sewage disposal system, the applicant shall demonstrate that the system is properly sized to accommodate sewage flows from the registered or licensed capacity of the day-care facility.
(13) 
Minimum lot area. The minimum lot area for any proposed day-care facility shall comply with the minimum lot area requirements of the applicable zoning district in which the proposed facility is located.
(14) 
Choice of access streets. When streets of different classifications are involved, the driveway of the proposed day-care facility shall provide access to the street of lesser functional classification.
C. 
Family day-care home standards.
(1) 
Family day-care homes shall be permitted in accordance with the provisions of the underlying zoning district in which the use is located. Furthermore, any proposed family day-care home shall comply with the general provisions for all types of day-care facilities in Subsection B in addition to the following criteria.
(2) 
Development standards. Family day-care homes shall comply with all area and bulk standards as required by the district in which the intended use is located in addition to the following criteria.
(3) 
Drop-off area. One on-site drop-off space for clients shall be provided. An existing driveway or common parking lot space may be used as the drop-off area if it cannot be demonstrated that there is sufficient space available in the driveway that is not otherwise occupied or committed to safely accommodate a parked vehicle. If a driveway is used for the drop-off area and the proposed use fronts an arterial or major collector street, an on-site turnaround area shall be provided so that vehicles can exit the site driving forward. In cases where the existing driveway cannot function as a drop-off area, an on-site drop-off space shall be provided. The drop-off area shall conform to Article VI of the New Garden Township Subdivision and Land Development Ordinance[1] that regulates dimensional standards for residential parking spaces.
(a) 
In cases where the drop-off area cannot be accommodated on the site, the applicant shall demonstrate that there is on-street parking or some other available parking area located within 250 feet of the property line of the proposed facility.
(b) 
The required drop-off area may be waived by the Township if the applicant can demonstrate that the clients of the family day-care home will walk to the facility, thereby eliminating the need for the additional parking space.
[1]
Editor's Note: See Ch. 170, Subdivision and Land Development.
D. 
Group day-care home standards.
(1) 
Group day-care homes shall be permitted in accordance with the provisions of the underlying zoning district in which the use is located. Furthermore, any proposed group day-care home shall comply with the general provisions for all types of day-care facilities in Subsection B as well as the following criteria.
(2) 
Development standards. Proposed group day-care homes shall conform to the following standards, in addition to complying with the area and bulk regulations of the underlying district:
(a) 
Minimum distance between facilities.
[1] 
Residential zoning districts. In order to avoid a concentration of individual group day-care homes in residential neighborhoods and maintain a residential character, group day-care homes shall be located a minimum of 500 feet from each other as measured from the respective property lines. This dispersion requirement shall not apply in cases where a proposed group day-care home is located within 300 feet of a school facility or church which provides day-care services.
[2] 
Nonresidential zoning districts. No minimum distance requirement applies.
(b) 
On-site parking. There shall be one additional on-site parking space provided for each nonresident employee in addition to those required for the residential use.
(c) 
Drop-off area. A drop-off area shall be provided with sufficient area to allow the temporary parking of two vehicles. An existing driveway or common parking lot spaces may be used for the drop-off area if it can be demonstrated that there is sufficient space available in the driveway that is not otherwise occupied or committed to safely accommodate required parking. If a driveway is used for the drop-off area and the proposed use fronts an arterial or major collector street, an on-site turnaround area shall be provided so that vehicles can exit the site driving forward. In cases where the existing driveway cannot function as a drop-off area, two new on-site drop-off spaces shall be provided. In cases where the on-site drop-off area cannot be accommodated, the applicant shall demonstrate that there is on-street parking or some other available parking area located within 250 feet of the property line of the proposed facility.
(d) 
Signs.
[1] 
Residential zoning districts. Signs in a residential zoning district shall comply with standards established in § 200-112 of this chapter.
[2] 
Nonresidential zoning districts. Signs in nonresidential zoning districts shall comply with the standards governing signs for the zoning district in which the proposed use is located.
(e) 
Group day-care homes shall provide no more than one nonresident employee care giver.
E. 
Day-care center standards.
(1) 
Day-care centers shall be permitted in accordance with the provisions of the underlying zoning district in which the use is located. Furthermore, any proposed day-care center shall comply with the general provisions for all types of day-care facilities in Subsection B in addition to the following criteria.
(2) 
Development standards. Day-care centers shall comply with all area and bulk regulations of the underlying district as well as the following standards:
(a) 
Minimum distance between facilities.
[1] 
Residential zoning districts. In order to avoid a concentration of individual day-care centers in residential neighborhoods, day-care centers shall be located a minimum of 500 feet from each other as measured from respective property lines when located within residential zoning districts. This dispersion requirement shall not apply in cases where a proposed day-care center is located within 300 feet of a school facility or church which provides care services.
[2] 
Nonresidential zoning districts. No minimum distance requirement applies.
(b) 
On-site parking for employees and clients. A minimum of one on-site parking space shall be provided for each 300 square feet of floor area dedicated to care and one parking space per employee.
(c) 
Drop-off area.
[1] 
Number of drop-off spaces. A minimum of one safe drop-off space shall be provided for each 20 persons that the facility is licensed to accommodate.
[2] 
Drop-off area location and design. Whenever possible, the drop-off area shall be located immediately adjacent to the facility. The drop-off area should be designed in such a way that pedestrians do not cross vehicular traffic lanes in any parking area or driveway. The drop-off area may be designed either as a part of the on-site parking area or the required drop-off spaces may be designed as a part of driveway providing direct access to the day-care facility. When the drop-off area is incorporated into the on-site parking area, the parking spaces nearest to the facility shall be designated as drop-off spaces. When the drop-off area is incorporated into a driveway, the drop-off spaces shall be located within a vehicle turnout area 12 feet in width exclusive of the driveway through traffic lane(s).
(d) 
Landscaping. Landscaping and buffers shall be provided in accordance with the applicable standards set forth in this chapter.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(e) 
Signs.
[1] 
Residential zoning districts. Signs in a residential zoning district shall comply with standards established in § 200-112 of this chapter.
[2] 
Nonresidential zoning districts. Signs in nonresidential zoning districts shall comply with the standards governing signs for the zoning district in which the proposed use is located.
(f) 
Lighting. Lighting shall be designed according to the standards established under § 200-106 of this chapter.
(g) 
Entrance/exit accessibility. When located in a multiuse building complex, day-care center entrances/exits shall provide direct access to the care center so that walking through other significant portions of the building is avoided.
(h) 
Soundproofing. When collocated in any building employing noisy operations, the Township may require soundproofing of the day-care facility.
The following standards shall apply for all flea markets:
A. 
The flea market shall be licensed by the Township prior to beginning operation.
B. 
Off-street parking shall be required as specified by § 200-109 of this chapter.
C. 
The applicant shall demonstrate traffic generated by the proposed use shall not create excessive traffic hazards on adjacent streets and intersections and that traffic controls, if necessary, shall be provided by the applicant.
D. 
All facilities within the flea market for the preparation or dispensing of food products shall be approved the Chester County Health Department.
E. 
The sponsors, owners or operators of the proposed flea market shall provide adequate security at the site to ensure the safety of consumers and vendors as well as maintain order at the site.
F. 
The hours of operation of the flea market shall be determined at the time of application and in no way shall extend beyond the normal operating hours being promoted and approved.
G. 
Enclosures, buildings, and other temporary shelters shall be designed and constructed according to all applicable standards contained within the Township Building Code.[1]
[1]
Editor's Note: See Ch. 75, Construction Codes, Uniform.
H. 
The sponsor, owner, operators shall ensure adequate sewage facilities to accommodate consumers and vendors, approved by the Sewage Enforcement Officer and Chester County Health Department.
I. 
The applicant shall provide for the restoration of the flea market site to its original condition, including cleaning, refuse removal, debris removal, and removal of any structures or enclosures used for the flea market.
[Added 11-25-2013 by Ord. No. 202[1]]
Forestry, including but not limited to timber harvesting, shall be permitted by right in all zoning districts, in accordance with an approved timber harvesting plan prepared by a certified registered forestor.
[1]
Editor's Note: This ordinance added the provisions on forestry as § 200-127, which was renumbered to avoid duplication of section numbers and maintain the organization of the Zoning Chapter.
The following standards apply for all guest houses:
A. 
Guest house service shall remain incidental and secondary to the principal use of the building as a single-family detached dwelling.
B. 
The operator of a guest house facility shall reside in the dwelling of the said facility.
C. 
A maximum of three guest rooms or 1,000 square feet of floor area, whichever is less, shall be devoted to the guest house use, not including kitchen or eating facilities. No more than two adults may occupy one guest room.
D. 
If the guest house/bed-and-breakfast use does contain a restaurant-type facility, it shall not be open to the general public.
E. 
Exterior and interior alterations shall be limited to those customarily associated with residential use.
F. 
Adequate parking shall be provided in accordance with § 200-109 of this chapter.
G. 
Signs associated with the guest house shall be in accordance with § 200-112 of this chapter.
H. 
No guest individual or family may stay longer than seven nights at one time.
I. 
Any amenities, including but not limited to swimming pools and tennis courts, shall be solely for the use of the resident owner and occupants of the guest house facility.
J. 
There shall be provided one full bathroom (one toilet, wash basin, bath or shower) for each guest room.
K. 
Area and bulk standards shall be those that apply to single-family detached dwellings within the applicable zoning district.
L. 
The applicant must furnish written approval from the Chester County Health Department concerning the adequacy of the on-site sewage disposal system to serve the increased demand resulting from the guest facility.
A. 
Minor home occupation.
(1) 
Standards. All minor home occupations in Subsection A(2) below shall meet the following standards:
(a) 
No multifamily dwelling may contain a home occupation.
(b) 
The practice of an occupation shall be permitted provided that the principal practitioner is a resident of the dwelling unit.
(c) 
Minor home occupations shall not employ more than one person which is not the owner or occupant of the principal dwelling.
(d) 
The area used for the practice of a home occupation shall be within the dwelling unit and shall occupy no more than 25% of the total floor area of the dwelling unit or 500 square feet, whichever is less.
(e) 
Permitted home occupations shall be clearly incidental and secondary to the residential use.
(f) 
The exterior appearance of the structure or premises must be maintained as a residential dwelling. No home occupation activities shall be visible from a public street or from any neighboring property.
(g) 
All storage of materials or products shall be within structures and no storage of materials or products shall be permitted outside.
(h) 
No goods shall be publicly displayed on the premises, and no retail sales shall be permitted.
(i) 
Delivery of materials or supplies associated with the home occupation shall be made no more than once per week and, if applicable, shall comply with standards established under § 200-107 of this chapter.
(j) 
The only sign permitted for a home occupation shall be that which complies with § 200-112 of this chapter.
(k) 
No offensive or disturbing noise, smoke, odor, glare, or other objectionable effects, shall be noticeable at or beyond the lot lines, and shall not produce, store, or use any hazardous or toxic materials.
(l) 
Required parking shall comply with the standards established in §§ 200-108 and 200-109 of this chapter.
(m) 
The applicant must furnish written approval from the Chester County Health Department concerning the adequacy of the on-site sewage disposal system to serve the increased demand resulting from the minor home occupation.
[Added 10-18-2021 by Ord. No. 250]
(2) 
Permitted minor home occupations. The following are permitted minor home occupations provided they meet the standards established in Subsection A(1) above:
(a) 
Dressmaking, sewing, tailoring;
(b) 
Painting, sculpturing, writing;
(c) 
Telephone answering, typing, bookkeeping;
(d) 
Home crafts, such as model making, rug weaving, jewelry making, cabinetmaking;
(e) 
Home cooking and catering, provided all food is catered off-premises;
(f) 
Computer programming that involves services to outside clients;
(g) 
Tutoring, limited to two students at one time; tutoring of more than two students shall be considered a conditional use;
(h) 
Beautician services by appointment only, limited to two clients at one time; more than two clients shall be considered a conditional use; and
(i) 
Minor home occupations found by the Board of Supervisors to be substantially similar in scale and impact on the community to those outlined in this section.
B. 
Major home occupation.
(1) 
Standards. All major home occupations in Subsection B(2) below shall meet the following standards:
(a) 
No more than two persons not residing in such dwelling unit shall be employed at any given time by the practitioner of the occupation.
(b) 
Major home occupations may have outdoor storage which shall be screened from view by any means and from all sides.
(c) 
All major home occupations shall first meet the conditions set forth in Subsection A(1) of this section.
(d) 
Required parking shall comply with the standards established in §§ 200-108 and 200-109 of this chapter.
(e) 
The public display of goods and retail sales shall be permitted for major home occupations.
(f) 
The applicant must furnish written approval from the Chester County Health Department concerning the adequacy of the on-site sewage disposal system to serve the increased demand resulting from the major home occupation.
[Added 10-18-2021 by Ord. No. 250]
(2) 
Permitted major home occupation. The following are permitted major home occupations provided they meet the standards established in Subsection B(1) above:
(a) 
Guest houses/bed-and-breakfast in accordance with § 200-120 of this article;
(b) 
Professions of architect, planner, lawyer, engineer, financial consultant, insurance agent, accountant, doctor, and dentist;
(c) 
Family day-care home and group day-care home in accordance with the provisions of § 200-121 of this article; and
(d) 
Major home occupations found by the Board of Supervisors to be substantially similar in scale and impact on the community to those outlined in this section.
C. 
The Board of Supervisors may require a larger minimum lot size in those cases where the proposed home occupation uses are likely to create demonstrable noise, traffic, or other problems directly related to the public health and welfare.
A. 
Setback.
(1) 
Where a junkyard is located on a property that is adjacent to a residential district or use, there shall be a setback from the district boundary or lot line of at least 100 feet screened in accordance with § 200-100 of this chapter.
(2) 
A junkyard located on a property adjacent to a nonresidential use or district shall be set back a minimum of 50 feet from lot line.
(3) 
Junkyards shall be set back a minimum of 100 feet from floodplain and wetland areas.
(4) 
The minimum front yard setback for junkyards shall be 100 feet.
(5) 
A minimum of 50 feet shall be required for each side yard.
B. 
Tract size. The tract serving as a junkyard shall contain a minimum of 25 contiguous acres, undivided by streets, the New Garden Township Flood Hazard District, or rights-of-way.
C. 
Natural resource controls.
(1) 
A lot or the portions of a lot serving as a junkyard shall be located on lands with less than fifteen-percent slope.
(2) 
No portion of the storage yard, or other usable lands shall contain wetlands, alluvial soils, or be within a floodplain.
D. 
Lot coverage. The maximum lot coverage including outdoor storage areas, buildings, and structures shall not exceed 75%.
E. 
Design standards. All junkyards in New Garden Township shall adhere to the landscape and screening standards set forth in Article XVI as well as the following design standards:
(1) 
The area where junk or any other material is stored outside shall be enclosed with a wall or fence at least six feet in height and designed and constructed to be at least 80% solid or opaque. The use of landscaping materials and earthen berms are required to achieve an effective screen.
(2) 
Storage piles shall not exceed six feet in height and no more than two adjoining rows of junked cars shall be stored together.
(3) 
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 fire fighting and other safety or emergency purposes.
(4) 
Gasoline, oil, and other flammable or toxic substances shall be removed from any junk or other items stored on the premises. Such liquids shall be removed and disposed of in a proper manner and shall not be deposited on site.
(5) 
Burning shall not be permitted on the premises.
(6) 
No garbage or other waste liable to give off a foul odor or attract vermin or insects shall be kept on the premises.
(7) 
All junk shall be stored or arranged to prevent accumulation of water.
(8) 
Any junkyard shall operate only after a use-permit is issued by New Garden Township. An annual renewal permit shall be required with a prerequisite being an inspection by the Zoning Officer.
(9) 
A stormwater management plan shall be submitted as part of the application for a junkyard, in accordance with § 170-36 of the New Garden Township Subdivision and Land Development Ordinance.[1]
[1]
Editor's Note: See Ch. 170, Subdivision and Land Development.
(10) 
All junkyards shall observe the design standards outlined in Article XVI.
A. 
The minimum lot size for a kennel shall be four acres.
B. 
No more than 40 adult dogs and/or adult cats are permitted.
C. 
Setbacks.
(1) 
Kennels shall be set back a minimum of 150 feet from the nearest dwelling, except that of the owner or user of property.
(2) 
Kennels shall be set back a minimum of 100 feet from any lot line.
(3) 
Kennels shall be set back a minimum of 500 feet from any residential zoning district.
D. 
Structures or enclosures used for the housing of dogs shall be solely located in the rear yard.
E. 
Kennels, including administrative offices, grooming areas, health and veterinary areas, shall not occupy more than 15% of the lot.
F. 
Selective criteria.
(1) 
The owner or applicant shall demonstrate that the kennel will not create any nuisance conditions for adjoining properties due to noise or odor.
(2) 
The owner or applicant shall demonstrate that all animals will be confined to the property through the use of fences, structures and enclosures built according to standards within the Township Building Code.[1]
[1]
Editor's Note: See Ch. 75, Construction Codes, Uniform.
(3) 
The owner or applicant shall demonstrate that adequate methods for water supply, sanitation and sewage disposal will be provided and such facilities shall be approved by the Sewage Enforcement Officer and Chester County Health Department.
(4) 
For the health and well being of the animals, adequate ventilation and conditioning of the air within kennel structures or enclosures shall be required. Such ventilation and conditioning of the air shall conform to the official Township Building Code.
G. 
Dog runs. Dog runs shall conform to the following standards:
(1) 
Dog runs shall be set back a minimum of 100 feet from the nearest dwelling, except that of the owner or user of property.
(2) 
Dog runs shall be located solely in rear yards.
(3) 
Dogs runs shall be built to a size to properly accommodate all dogs in the kennel.
(4) 
Dog runs shall be adequately fenced to a height of eight feet to insure dogs cannot escape.
(5) 
Dog runs shall be screened in accordance with the applicable standards set forth in this chapter.
[Amended 4-3-2006 by Ord. No. 165]
(6) 
Dogs shall only be allowed on the runs between the hours of 8:00 a.m. and 8:00 p.m.[2]
[2]
Editor's Note: Original Section 1714, Manufactured home, and Section 1715, Manufactured home park standard, which immediately followed this subsection, were deleted 4-3-2006 by Ord. No. 165. See now § 200-127.
[Added 10-24-2011 by Ord. No. 189[1]]
The following standards shall apply for all renewable energy facilities:
A. 
Solar energy facility: use, area, siting and height requirements.
(1) 
A solar energy facility shall be permitted as an accessory structure and use in all zoning districts in the Township, when the array area is less than or equal to 1,000 square feet. A solar energy facility shall be permitted as a special exception structure and use in all zoning districts when the array area is greater than 1,000 square feet.
(2) 
The array area, any ground-mounted equipment and all other appurtenant structures and facilities shall meet and satisfy all of the required area and bulk regulations for the zoning district within which the property containing the solar energy facility is located.
(3) 
Ground-mounted facilities, including any appurtenant equipment, shall be screened to minimize the visual impact upon neighboring properties. Screening shall comply with the design criteria set forth in § 200-100C(3), (7) and (8).
(4) 
Structure-mounted solar energy facilities may be located on either the front, side, or rear roof of a building or structure.
(5) 
To the maximum extent reasonably possible, solar energy facilities shall be of a color and appearance similar to existing structures on the property.
B. 
Solar energy facility: permitting requirements; additional design standards.
(1) 
Building and zoning permits shall be required for each solar energy facility. Applications for such building and zoning permits shall include, along with all other documentation, information, exhibits and fee otherwise required by the Township, the following:
(a) 
A written plan for the proposed facility indicating and detailing the location of all existing and proposed solar energy facilities on the subject tract, property boundaries, required setbacks, utility locations, and locations of any ground-mounted equipment;
(b) 
Calculations detailing both the existing and proposed building coverage and impervious coverage for the subject tract;
(c) 
A written narrative detailing all of the potential adverse impacts associated with the proposed solar energy facility, and how such impacts will be minimized. This narrative shall include, at a minimum, information regarding site selection, facility design, facility appearance, and buffering and screening of the facility and associated equipment;
(d) 
Calculations detailing the percentage of roof coverage;
(e) 
Written approval by the homeowners' association, or similar body, where applicable;
(f) 
A written narrative detailing any glare which may result from the solar energy facility, and further, how glare which may impact neighboring properties shall be minimized; and
(g) 
Documentation confirming that any ground-mounted facility proposed for a location in front of a primary building or structure shall be screened pursuant to § 200-127A(3).
(2) 
All solar energy facilities shall be located so as to:
(a) 
Not cast a glare upon any other property, or any public or private street;
(b) 
Minimize adverse visual impacts on neighboring properties; and
(c) 
Not create any additional heat load upon neighboring properties.
(3) 
All solar energy facilities shall comply with the Pennsylvania Uniform Construction Code, as amended.
(4) 
All utility connections and wiring associated with solar energy facilities shall be located underground, to the maximum extent possible.
(5) 
Solar energy facilities shall not display advertising, or other signage, except for warning signs and minimal identification of the facilities manufacturer.
(6) 
To the maximum extent reasonably possible, ground-mounted solar energy facilities shall be a neutral, nonreflective exterior color designed to blend with the surrounding environment.
(7) 
All ground-mounted solar energy facilities shall meet the requirements of the New Garden Township Stormwater Management Ordinance,[2] including, but not limited to criteria and standards associated with stormwater management and erosion and sediment control.
[2]
Editor's Note: See Ch. 165, Stormwater Management.
C. 
Wind energy facility: use, area, siting and height requirements.
(1) 
There shall be no more than one wind turbine per tract, for tracts up to three acres gross. For tracts greater than three acres gross, only one wind turbine may be installed for each three acres of gross tract area.
(2) 
The maximum turbine height for ground-mounted facilities shall not exceed the maximum building height permitted within the zoning district of the subject tract. For roof-mounted turbines, the maximum turbine height shall not exceed eight feet, as measured from the roof-mounting location, and at no time shall such turbine height exceed the maximum permitted height in the zoning district.
(3) 
Unless a wind energy facility is not visible to adjacent property owners when located in the front yard, no wind energy facility shall be located in a front yard.
(4) 
The wind energy facility and all appurtenant structures and equipment shall meet all of the area and bulk regulations for the zoning district within which the property containing the facility is located.
(5) 
To the maximum extent possible, each wind turbine shall be self- supporting, upon its foundation, without the aid of guy wires or similar supports.
(6) 
No wind turbine shall be located closer to any property line, occupied structure, overhead utility, or fuel source than the distance equal to 125% of the height of the wind turbine.
(7) 
A wind turbine blade, at its lowest point, shall be no closer to the surface of the ground than 15 feet.
(8) 
Wind energy facilities shall be a neutral, non-reflective exterior colored designed to blend with the surrounding environment.
(9) 
All utility connections and wiring associated with wind energy facilities shall be located underground, to the maximum extent possible.
D. 
Wind energy facility: permitting requirements; additional design standards.
(1) 
Building and zoning permits shall be required for each wind energy facility. Applications for such building and zoning permits shall include, along with all other documentation, information, exhibits and fee otherwise required by the Township, the following:
(a) 
A written plan for the proposed facility indicating and detailing the location of all existing and proposed wind energy facilities on the subject tract, property boundaries, required setbacks, utility locations, and locations of any ground-mounted equipment;
(b) 
Calculations detailing both the existing and proposed building coverage and impervious coverage for the subject tract;
(c) 
A written narrative detailing all of the potential adverse impacts associated with the proposed wind energy facility, and how such impacts will be minimized. This narrative shall include, at a minimum, information regarding site selection, facility design, facility appearance, buffering and screening of the facility and associated equipment;
(d) 
Written approval by the homeowners' association, or similar body, where applicable;
(e) 
A written narrative detailing any noise which may result from the wind energy facility, and how any impact of such noise on neighboring properties shall be minimized; and
(f) 
All wind energy facilities shall be equipped with a redundant braking system. This system shall include both aerodynamic over-speed controls (including variable pitch, tip and other similar systems) and mechanical brakes. Mechanical brakes shall be operated in a fail-safe mode. Stall regulation shall not be considered a sufficient braking system for over-speed protection.
(2) 
The proposed location of any wind energy facility shall protect and maintain the existing view sheds. In addition, the design, color and visible features of the wind energy facility shall be designed to minimize visual, noise and other negative impacts on other properties. The applicant shall provide the Township photographs of the proposed site showing all sides of the property, adjacent roadways and neighboring properties.
(3) 
The proposed location and operation of the wind energy facility shall not interfere with any broadcast, radio, wireless or other telecommunications signals or facilities. In all cases, the location of any wind energy facility shall be clear of, and shall not interfere with, any existing trees, buildings, wires, or structures.
(4) 
All transmission, power and other utility lines associated with the wind energy facility shall be located underground.
(5) 
Sounds levels from a wind energy facility shall not exceed 55 dBA as measured at the exterior of any occupied building on any adjacent property. Acoustic and/or sound emissions from wind energy facilities shall not exceed the minimum standards for precision described in AWEA Standard 2.1, 1989, titled Procedures for the Measurement and Reporting of Acoustic Emissions from Wind Turbine Generation Systems Volume 1:1 First Tier, as amended.
(6) 
Wind energy facilities shall not display advertising or other signage thereon, except for warnings signs and minimal identification of the facilities manufacturer.
(7) 
No antennae, cellular communication facility or other item or material not related to the essential function of the wind energy facility shall be permitted to be mounted upon or otherwise placed upon any wind turbine or wind energy facility.
(8) 
Wind turbines shall not be lighted, except the minimum which may be required by applicable law. Lighting of other parts of any wind energy facility shall be limited to that which is required for safety and operational purposes, and shall be shielded from adjacent properties.
(9) 
All wind energy facilities shall comply with the Pennsylvania Uniform Construction Code, as amended.
(10) 
Caution signs shall be installed near the wind energy facility warning of ice and blade throws, consistent with the recommendations of the manufacturer. Additionally, caution signs shall be placed along the perimeter of the fall zone, at intervals of not less than 200 feet apart. The caution signs shall be no lower than three feet in height and measuring no more than two square feet in size, and shall read "CAUTION: FALLING OBJECTS." Each such sign shall also contain the name, address and telephone number of the property owner where the wind energy facility is located. All signs required under this section must be approved and permitted by the Township.
E. 
Larger solar energy facility: special exception provisions.
(1) 
In addition to satisfying the requirements of § 200-127, a special exception for a solar energy facility within an array area exceeding 1,000 square feet shall not be granted, except upon compliance before the Zoning Hearing Board of the following additional criteria:
(a) 
Submission of all information and documentation set forth in § 200-127; and
(b) 
Submission of a landscape plan, prepared by a Pennsylvania- registered landscape architect showing screening for the proposed facility.
(2) 
Any solar energy facility that requires approval by special exception shall also require Township approval pursuant to the provisions of the New Garden Township Subdivision and Land Development Ordinance.[3]
[3]
Editor's Note: See Ch. 170, Subdivision and Land Development.
(3) 
Any solar energy facility that requires a special exception shall also require building and zoning permit approvals consistent with the criteria set forth in § 200-127B and § 200-127D.
(4) 
All conditions of any special exception granted by the New Garden Township Zoning Hearing Board for a solar energy facility shall be obligations of all succeeding owners of the property.
[1]
Editor's Note: Former § 200-127, Manufactured homes/mobile homes, added 4-3-2006 by Ord. No. 165, was repealed 10-18-2006 by Ord. No. 168 and 3-12-2007 by Ord. No. 170.
A. 
Limitation in number. Only one microwave antenna shall be permitted per lot; except retail sales of microwave antennas for permanent display purposes, and provided further that such display shall be in accordance with the required setback provisions of the applicable commercial district. The microwave antenna shall be considered as a permissible accessory use, subject to the rules and regulations of this section, in all zoning districts.
B. 
Size permitted.
(1) 
The maximum diameter of the microwave antenna shall not exceed 10 feet if ground mounted.
(2) 
When roof mounted, the maximum diameter of the microwave antenna shall not exceed four feet and the maximum height shall not exceed six feet above the roof line.
(3) 
When supported separately from any structure, the total height of the microwave antenna shall not exceed 12 feet.
C. 
Location and mountings.
(1) 
Ground microwave antennas shall be located only in the rear yard or in the side yard not extending beyond the building setback, and adhere to all setback requirements of the applicable district.
(2) 
Ground-mounted microwave antennas shall be secured by a foundation approved by the Township Engineer. Approval shall be granted in the form of a permit issued by the Township.
(3) 
When roof mounted, the microwave antenna shall be located on the back or rear portion of the roof sloping away from the front of the lot, and no part thereof shall project above the roof ridge line.
D. 
General regulations.
(1) 
No microwave antenna may be erected in any district or in location within a district which is prohibited by regulations of the Federal Communications Commission or other regulatory agency having jurisdiction. The burden to show compliance shall be on the applicant and shall be stated in the permit application.
(2) 
Microwave antennas shall be properly enclosed and installed to resist a minimum wind load of 30 pounds per square foot of projected horizontal area. Supports, anchors, and foundations shall force into account overturning improvements and forces created by wind loading.
(3) 
This section shall in no event be construed to permit as a permissible accessory use a microwave antenna for satellite communication used or intended to be used for the propagation of radio, micro, or electromagnetic waves. The use of a microwave antenna for transmission shall be permitted only by special exception within the appropriate district(s).
(4) 
No microwave antenna installation shall be permitted in any parking lot or parking area.
(5) 
All microwave antenna, whether ground or roof mounted, shall be screened from adjacent uses according to the regulations set forth in § 200-100. Microwave antenna shall not be visible from these adjacent uses.
E. 
Permit procedure. Before erection of any microwave antenna, a permit application shall be made to the Township, a fee paid, the amount of which shall be set by resolution of the Board of Supervisors, and a permit issued. All applications for a microwave antenna permit shall be made to the Zoning Officer in writing on a form furnished by the Township and shall be accompanied by plans showing:
(1) 
For ground-mounted microwave antennas:
(a) 
The dimensions of the lot and location of the buildings thereon.
(b) 
Details of all microwave antenna anchors, supports and foundations the exact size of the antenna, including dish and the exact proposed location of the microwave antenna on the lot.
(c) 
When microwave antennas are attached to an existing structure, details will be distributed to the existing structure.
(2) 
For roof-mounted microwave antennas:
(a) 
Design wind load on each anchor and allowable wind load on each anchor.
(b) 
Forces on foundation, including live load and dead load.
(c) 
Strength and allowable stresses of cables, rods, or braces and the actual force and allowable force for each cable, rod, and brace.
(d) 
Details of all microwave anchors and supports, the exact size of the antenna and proposed location of the microwave antenna.
(3) 
If the manufacturer's specifications submitted with the application specify the installation criteria for Subsection E(2)(a) and (b) directly above, they shall be made part of the plan and separate calculations shall not be required.
[Amended 8-13-2001 by Ord. No. 142; 10-18-2006 by Ord. No. 168; 3-12-2007 by Ord. No. 170]
When permitted by the underlying zoning district, multifamily developments shall comply with the regulations set forth in the underlying zoning district except as hereafter specifically set forth.
A. 
Setbacks.
(1) 
Minimum building setback from tract boundary: 75 feet, unless reduced to not less than 50 feet in the sole discretion of the Board upon review and approval of additional landscaping provisions for a buffer.
(2) 
Minimum building setback from ultimate right-of-way of internal streets: 30 feet.
(3) 
Minimum building setback from parking areas: 20 feet.
(4) 
Minimum distance between structures:
(a) 
Apartments: 50 feet.
(b) 
All other multifamily dwellings: 25 feet.
(5) 
Minimum building setback from rear building line to rear lot line: 25 feet.
(6) 
Minimum building setback from the ultimate right-of-way line of existing public roads (other than roads which abut the tract border): 50 feet.
(7) 
Maximum net density:
(a) 
Apartments: five dwelling units per acre.
(b) 
Townhouses and other multifamily dwellings: four dwelling units per acre.
B. 
Additional regulations.
(1) 
All multifamily units shall be serviced by public sewage and water facilities.
(2) 
Refuse stations to serve residential areas shall be designed with suitable opaque fencing with a minimum height of six feet, located so as to be convenient for trash removal.
(3) 
Multifamily developments shall conform to the open space standards set forth in §§ 170-46 and 170-47 of the New Garden Township Subdivision and Land Development Ordinance.
(4) 
All multifamily developments shall comply with then-current stormwater management control measures and standards as set forth in the Township ordinances.
(5) 
All multifamily developments shall adhere to the street, pathway, sidewalk, and pedestrian access standards established in § 200-105 of this chapter and Article VI of the New Garden Township Subdivision and Land Development Ordinance.[1]
[1]
Editor's Note: See Ch. 170, Subdivision and Land Development.
(6) 
All multifamily developments shall conform to the parking regulations set forth in § 200-108.
(7) 
Multifamily developments shall conform to the lighting standards established in § 200-106.
C. 
Site design.
(1) 
The topography and natural features of the site shall be considered in planning, designing, locating, and constructing all residential buildings and other structures to improve the aesthetic design of the development.
(2) 
Residential buildings and other structures shall be grouped and situated to promote pedestrian and visual access to open space.
(3) 
Multifamily structures shall be designed and constructed in staggered groups to define common areas, and not in long rows parallel to street or property lines. The arrangement of such buildings shall create a visual and physical distinction in the lines of the facades and roofs.
D. 
Design standards. All multifamily development shall comply with the design standards set forth in Article XVI.
E. 
Unit size. In an apartment development pursuant to this article, no more than 10% of the dwelling units shall have three or more bedrooms. The balance of the dwelling units shall have one or two bedrooms.
The following standards shall apply to nursing homes when permitted by this chapter:
A. 
Minimum tract size. A minimum tract size of five acres shall be required for each nursing home.
B. 
Nursing homes shall be permitted at a ratio of 10 residents for every one acre of tract.
C. 
Setback. Buildings shall be set back a minimum of 75 feet from front lot lines and 50 feet from rear and side lot lines.
D. 
All other area and bulk requirements shall be governed by the underlying district in which the proposed use is located.
E. 
Evidence of compliance with the Pennsylvania Labor and Industry Standards shall prerequisite Township approval for the construction, renovation, or expansion of a nursing home.
F. 
Design standards. All nursing homes shall comply with the design standards set forth in Article XVI.
The following regulations shall apply for radio towers:
A. 
Radio towers shall be permitted in accordance with the regulations of the underlying zoning district. Said permission shall be made on a temporary basis and shall apply to the individual or company holding a valid operator's license issued by the Federal Communications Commission (FCC).
B. 
Within 60 days of the expiration of such license, the applicant shall dismantle the structure.
C. 
The tower and foundation shall be designed and its construction supervised by a professional engineer registered in the State of Pennsylvania. The applicant shall file a location plan and details for the tower prepared by the same professional engineer, as well as the manufacturer's specifications.
D. 
Radio towers shall conform to applicable Federal Communications Commission (FCC) regulations.
E. 
The tower shall be considered a principal use and shall meet all yard requirements of the zoning district in which it is located and no portion of the base of the tower shall be located closer to any lot line than the height of the tower.
F. 
Radio towers shall be separated from each other by a distance equal to their combined heights.
G. 
Radio towers shall not be located closer than the tower height from any dwelling unit.
H. 
No more than one radio tower be permitted per lot.
I. 
Nothing contained in this section shall supersede the provisions of Article XIII and any proposed towers within the Airport Hazard Zone shall be in strict accordance with that article.
J. 
Any accessory structures, excluding structures for studios, offices or similar facilities intended for human occupancy, shall comply with the applicable requirements of the design standards set forth in Article XVI.
Residential conversions shall be permitted, where authorized by this chapter, provided such activity is in compliance with the following standards:
A. 
Intent. The intent of this section is to provide an alternative use for structurally sound and primarily older single-family detached dwellings that are costly to maintain as a single-family use, and provide an excessive amount of living space for today's decreasing family size. This section is also intended to increase the supply of smaller dwelling units and provide for a more efficient use of the existing housing stock, while protecting the character of sound, stable residential neighborhoods and preserving the basic character of dwellings that might otherwise become obsolete.
B. 
Minimum unit size. The minimum size for each resulting dwelling unit shall be 1,000 square feet.
C. 
Total dwelling units. Regardless of the size of the original structure, the total number of dwelling units in the structure after conversion shall not exceed four.
D. 
Area and bulk regulations. Original structures shall have a minimum lot size that conforms with the provisions of the underlying zoning district.
E. 
Access. Each dwelling unit in the converted structure shall have direct access to the outdoors or to a hall from which there is direct access to the outdoors.
F. 
Parking. Off-street parking for residential conversions shall adhere to standards established in § 200-108 of this chapter.
G. 
Health and safety code requirements.
(1) 
All dwelling units in the converted structure shall conform to all requirements of applicable building, health, fire, and sanitary codes, which regulate structural soundness, overcrowding, fire protection, sewage disposal, and water supply. Such codes include those of the Pennsylvania Department of Labor and Industry or the Chester County Health Department and the Township Building Code.
(2) 
If on-site sewer or water systems are to be used, the applicant shall submit evidence to the Board of Supervisors showing that the total number of occupants in the converted dwelling units will not exceed the maximum capacities for which the original systems were designed, unless those systems are to be expanded, in which case the expansion approvals are to be submitted. Any connection to or addition to an existing on-site sewer system shall be subject to the review and approval of the Chester County Health Department.
H. 
Additions. Additions to an existing dwelling designed to allow the creation of multiple dwelling units in that dwelling shall be permitted if the minimum unit size is attained and if the addition will facilitate the creation of otherwise allowed units in a more logical manner, considering design, layout, or safety factors when approved by the Board of Supervisors.
I. 
Exterior alterations. There shall be no exterior alterations except those necessary for additions as allowed above, for reasons of health and safety, or for general upgrading of appearance. Alterations made for any of these purposes must reflect the architectural character of the building (in terms of scale and materials).
J. 
Utilities. All utility connections shall meet municipal authority or public utility company standards as applicable.
[Amended 10-18-2021 by Ord. No. 250]
K. 
Submission of plans. The applicant shall submit to the Board of Supervisors:
(1) 
Sketch floor plan(s) showing the location and size of each unit;
(2) 
Rough elevations showing modification of any exterior building facade to which changes are proposed;
(3) 
A site development sketch plan properly showing and locating; the dwelling and other existing buildings; all property lines; any proposed additions along with minimum setback lines; the location, size, and extent of all underground utilities; the length, width, and function of all rights-of-way and easements; the required number of parking spaces and parking design for all units; any one-hundred-year floodplain; 15% or greater slopes or other natural or man-made conditions which might affect these items; and
(4) 
Information on water and sewer systems as provided for in Subsections G and J above.
[Amended 10-18-2021 by Ord. No. 250]
L. 
Required facilities. Each unit shall be required to have adequate kitchen and bathroom facilities. All plans and elevations shall be clear and concise and drawn to a scale of not less than one inch equals four feet for the floor plan(s) and elevation(s) and one inch equals 20 feet for the site development plan.
[Amended 11-7-2005 by Ord. No. 161]
A. 
Purpose. To provide housing, community and recreational facilities for adult individuals who do not have resident dependent children.
[Amended 10-18-2006 by Ord. No. 168; 3-12-2007 by Ord. No. 170]
B. 
Prerequisites for development. The following conditions must be satisfied:
(1) 
The tract must be served by public water and public sewer facilities.
(2) 
The tract must be entirely in the R-2 Zone. Independent living units within a retirement facility may be provided for separate ownership, or may be sold as separate units. Minimum tract size: 20 acres.
C. 
Permitted uses. Only the following uses shall be permitted within any retirement facility:
(1) 
A retirement facility comprised of any combination of independent living units, including single-family detached, single-family semidetached, single-family attached and/or multifamily dwelling.
(2) 
Community center and recreational facility.
(3) 
Customary accessory and incidental limited retail uses for residents of the facility and their guests.
(4) 
Recreational facilities for residents, such as tennis courts, swimming pools, etc., shall be provided and may be located within the common open space.
D. 
Tract area and bulk regulations.
(1) 
The tract size shall be a minimum of 20 acres.
(2) 
The maximum amount of coverage of the tract by buildings and structures shall be 35% of the net tract area.
[Amended 10-18-2006 by Ord. No. 168; 3-12-2007 by Ord. No. 170]
(3) 
The maximum amount of coverage of the tract by all impervious surfaces, including buildings and structures, shall be 50% of the net tract area.
[Amended 10-18-2006 by Ord. No. 168; 3-12-2007 by Ord. No. 170]
(4) 
Retirement facilities shall have a minimum common open space of 50%, which common open space shall also conform to the open space standards set forth in §§ 170-46 and 170-47 of the New Garden Township Subdivision Land Development Ordinance.[1]
[1]
Editor's Note: See Ch. 170, Subdivision and Land Development.
(5) 
The minimum building setback from tract boundary lines, including existing public roads, shall be 75 feet.
E. 
Living unit area and bulk regulations.
(1) 
Maximum net density. Independent living units within a retirement facility shall be permitted at a maximum net density of 3.5 units per acre.
(2) 
Single-family detached, single-family semidetached and single-family attached dwelling units shall be set back a minimum of 20 feet from one another and 50 feet from any other structure on the proposed site.
(3) 
The minimum building setback from interior drives/roads shall be a minimum of 25 feet.
F. 
Development standards. In addition to all other Township ordinance requirements:
(1) 
House location and buffer.
(a) 
Housing shall be designed with regard to the topographic and other natural features on the site.
(b) 
Siting of housing shall be designed so as to provide adequate privacy between dwelling units.
(c) 
Buffer and landscaping shall be provided as required by §§ 200-100 and 101 of this chapter.
(2) 
Common open space.
(a) 
Common open space shall contain no structures other than those related to the purpose of the open space area and shall be maintained by the retirement facility community.
(b) 
Common open space shall comply with the standards for open space set forth in §§ 170-46 and 170-47 of the New Garden Township Subdivision Land Development Ordinance.[2]
[2]
Editor's Note: See Ch. 170, Subdivision and Land Development.
A. 
The minimum lot size for a rooming house shall be 1 1/2 acres, unless a larger lot size is required by the underlying zoning district.
B. 
Each rented or leased room within a rooming house shall be limited to a single occupant.
C. 
In addition to the two parking spaces required for a residence, a rooming house shall provide one additional parking space for each rentable or leasable room, in accordance with Article XVI of this chapter and in accordance with the regulations of the Township Subdivision and Land Development Ordinance.
D. 
Where on-site sewer is used, the owner shall provide documentation from the Chester County Health Department specifying that the sewage disposal system can adequately accommodate all anticipated increase in sewage.
A. 
Purpose. The standards in this section are established in order to:
(1) 
Permit the siting of sanitary landfills within the Township and to assure that such siting will be consistent with the public health, safety, and general welfare of the Township.
(2) 
Assure that the siting of sanitary landfills will be consistent with:
(a) 
All federal, state, and county statutes, regulations, and other requirements as to sanitary landfills; and
(b) 
The terms of all permits issued by the Pennsylvania Department of Environmental Protection (DEP) and any other governmental authorities.
(3) 
To protect environmentally sensitive areas and preserve the natural resources of the Township while assuring that the siting of sanitary landfills is confined to environmentally suitable areas.
B. 
Conditions of use.
(1) 
Sanitary landfill, solid waste transfer station, or other solid waste management facility, including incinerators, are to be operated by the County of Chester, New Garden Township, or by an authority in which New Garden Township is a member.
(2) 
The service area of such facility shall include all of New Garden Township, or a lesser area at the discretion of the Board of Supervisors, but shall not extend beyond the bounds of Chester County.
(3) 
The facility shall not be used for temporary storage of waste materials intended for processing or recycling for any period longer than 30 days, except for those facilities specifically intended as recycling areas.
(4) 
The proposed facility must be in compliance with the Chester County Solid Waste Management Plan.
(5) 
The proposed facility meet the approval of the Pennsylvania Department of Environmental Protection (DEP) and any other necessary governmental authorities.
C. 
Applications. The following information shall be submitted by an applicant for conditional use approval for a sanitary landfill, solid waste transfer station, or other solid waste management facility, including incinerators, and shall be evaluated by the Board. An applicant receiving conditional use approval pursuant to this section shall not be required to resubmit this information in applying for a zoning permit pursuant to § 200-147.
(1) 
Maps of the proposed facility site, prepared by a registered engineer to a scale of one inch equals 50 feet, showing the following:
(a) 
Topography;
(b) 
Geological formations;
(c) 
Soil classifications;
(d) 
Proximity of site to surface water, and use of such surface water;
(e) 
Groundwater study, including location of all aquifers and aquifer recharge zones;
(f) 
Wetlands;
(g) 
Floodplains;
(h) 
Area of prime agricultural land;
(i) 
Wildlife habitat areas;
(j) 
Woodlands and other significant vegetation;
(k) 
Existing uses of property;
(l) 
The names of adjacent owners and the land uses of their property;
(m) 
Any existing and/or proposed natural or artificial buffers;
(n) 
Nearby historic sites; or buildings of architectural or historic significance;
(o) 
Nearby schools, hospitals and other congested areas;
(p) 
Location of the site relative to public roads;
(q) 
Any proposed fencing or other improvements.
(2) 
A written description of the proposed operations per Subsection E unless otherwise covered in this section.
(3) 
Engineering and, if any, architectural plans per Subsection D unless otherwise covered in this section.
(4) 
Any other information required at the request of the Board.
(5) 
Written description as to the operating experience, financial status, instances of landfill permit violations, and other pertinent data concerning the applicant, and if different, the owner(s) and proposed manager; relationships among applicant, owner, and proposed manager.
(6) 
Types and places of origin of solid waste to be eligible for disposal.
(7) 
Statement indicating expected useful life of the site as a sanitary landfill, solid waste transfer station, or other solid waste management facility, including incinerators, and plans for the restoration of the site upon termination of such facility operation.
(8) 
A copy of the application to DEP for a solid waste management permit, including Module 9 when submitted under DEP's environmental assessment process.
(9) 
A copy of:
(a) 
An application to DEP for an erosion and sedimentation control permit; and
(b) 
An erosion and sedimentation control plan.
(10) 
Evidence, which may take the form of a certification by the Chester County Board of Commissioners, that the application for a solid waste management permit, and the conditional use, is consistent with the Chester County Solid Waste Management Plan.
(11) 
Proposals for leachate collection, treatment and disposal, and for gas migration control.
(12) 
Proposed sources of cover material sufficient for the project.
(13) 
Adequate provisions for public services, including water, sewer, police, and fire.
(14) 
An environmental impact study in accordance with § 170-20 of the Subdivision and Land Development Ordinance,[1] shall include the following additional information:
(a) 
Any existing sanitary landfill sites within the Township;
(b) 
Any adverse environmental impacts of the proposed sanitary landfill, including an indication of those adverse environmental effects which cannot be avoided;
(c) 
Any efforts which can be employed to mitigate or avoid such adverse environmental effects; and
(d) 
Any irreversible and irretrievable commitments of resources which would be involved if the application is granted.
[1]
Editor's Note: See Ch. 170, Subdivision and Land Development.
(15) 
A traffic study prepared by a traffic engineer selected by the Township showing:
(a) 
The existing and projected traffic in the area of the proposed sanitary landfill, solid waste transfer station, or other solid waste management facility, including incinerators; and
(b) 
The projected traffic patterns after its completion and full operation, including proposed access routes, roads and bridges (indicating their capacity), traffic plan, and types, sizes, and capacities of disposal vehicles.
(16) 
Proposed methods for buffer and screening, litter control, dust management, and well monitoring to determine a breach in landfill liner.
(17) 
Proposed hours of operation; provided that, to the extent any such information is already contained in the applicant's application for a solid waste management permit, such information may be incorporated by reference in the application for conditional use and, provided further, that the application for conditional use shall contain any such other information as may be requested by the Board in order to assist the Board in determining whether or not such application shall be granted.
D. 
Standards.
(1) 
The following standards and criteria shall be used by the Board as a guide in evaluating any application for a sanitary landfill, solid waste transfer station, or other solid waste management facility, including incinerators, as a conditional use:
(a) 
The use must have a minimum tract area of 100 acres.
(b) 
The facility shall:
[1] 
Contain a leachate collection, treatment, disposal. and monitoring system to protect the surface and groundwater;
[2] 
Be adequately screened off by buffer zones, a minimum of 75 feet wide, from adjacent properties; and
[3] 
Be properly fenced with a minimum six-foot-high chain link fence, to prevent access at other than designated patrolled locations and so as to further prevent the dissemination of papers and other trash outside the site and any other nuisance on adjoining properties.
(c) 
Such facility shall be located so that safe and adequate access is available over public roads at all times. The Board shall require that any road providing access to the proposed facility be a minimum cartway of 24 feet in width and paved with surface and base course of sufficient depth to withstand traffic loads determined by the number and weight of trucks anticipated in the daily operation of the proposed facility.
(d) 
All trucks entering and leaving the facility shall be covered and roads used for access to the facility shall be patrolled daily by an agent of the facility operator to pick up and dispose of scattered and blowing papers or other refuse.
(e) 
Final grading of the land shall be done in a manner so that the land is left in a useful condition. A bond in the amount of 10% of the construction costs shall be posted to assure the Township that the property is left in such condition.
(f) 
The permissible hours of facility operation, including support operations beyond the acceptance of trash, shall be between 7:00 a.m. and 6:00 p.m. No operations shall take place on Sundays.
(g) 
A separate permit from the Township shall be required for this use.
(h) 
Sanitary landfill, solid waste transfer station, or other solid waste management facility, including incinerator, shall be located with direct access to a road designated as a collector or arterial road.
(i) 
Facility shall be buffered from all public roads by a raised earthen berm of at least 10 feet in height, and landscaped to provide year-round vegetative cover and screening.
(j) 
Hazardous waste as included on the list of hazardous waste as maintained by the Department of Environmental Protection shall not be disposed of or handled in a sanitary landfill, solid waste transfer station, or other solid waste management facility, including incinerators.
(k) 
Sanitary landfill, solid waste transfer station, or other solid waste management facility, including incinerators shall adhere to the following setbacks:
[1] 
A minimum of 300 feet from a wetland area.
[2] 
A minimum of 300 feet from an occupied dwelling, unless the current owner has provided written consent.
[3] 
A minimum of 100 feet from a perennial stream.
[4] 
A minimum of 300 yards from a school district building, park, or playground.
[5] 
No portion of the facility shall be within 200 feet of any property line.
(l) 
No sanitary landfill, solid waste transfer station, or other solid waste management facility, including incinerators shall be constructed within the one-hundred-year floodplain as shown on the New Garden Township Flood Hazard District Map.
(2) 
Additional standards and criteria shall be used by the Board as a guide in evaluating any application for a solid waste transfer station.
(a) 
The minimum area required for a solid waste transfer station is seven acres.
(b) 
All compacting, packaging, or other processing must be performed within an enclosed building.
(c) 
The entire transfer process, which includes unloading, compaction and loading onto the transfer trucks, shall occur inside a building.
(d) 
Municipal solid waste shall not remain on the site for more than 72 hours.
(3) 
Additional standards and criteria shall be used by the Board as a guide in evaluating any application for an incinerator.
(a) 
All unloading of municipal solid waste shall be done within the building housing the incinerator.
(b) 
All storage of municipal solid waste shall be indoors. During normal operation no more municipal solid waste shall be stored on the property than is needed to keep the facility in operation for more than 72 hours.
(c) 
Ash from the incinerator shall be stored in such a manner as to prevent it from being carried from the site by wind or water. The ash shall be disposed of in a sanitary landfill approved by the Pennsylvania Department of Environmental Protection or in another manner approved by them.
(d) 
Facilities that utilize pyrolysis to incinerate the waste shall use containers that meet state and local regulations for the storage of gases and oils that result from the process.
E. 
Conditions of operation.
(1) 
Prior to the commencement of any activity to prepare or operate a site given conditional use approval as a sanitary landfill, solid waste transfer station, other solid waste facility, including incinerator, the applicant and operator shall agree to conduct all such activities in strict accordance with the standards in Subsection D above, and with any other conditions that may be imposed by the Board at the time of conditional use approval. Such acknowledgement shall be in the form of a development agreement(s) with the Township, executed at the time of conditional use approval and recorded with the property deed at the Chester County Office of the Recorder of Deeds.
(2) 
Operation of a sanitary landfill or other solid waste management facility as an approved conditional use shall be contingent upon the applicant securing and conforming to the terms of a solid waste management permit from the Pennsylvania Department of Environmental Protection (DEP) and any other applicable statutes or regulations. A copy of the DEP approved application and permit, which is not subject to any appeal, shall be filed with the Township prior to commencing any site preparation activity.
(3) 
No hazardous waste shall be deposited, handled, or treated in, at, or on any sanitary landfill or other solid waste management facility.
F. 
Future use. Any subsequent use of the sanitary landfill, solid waste transfer station, or other solid waste management facility site shall be only those permitted by the zoning district in which it is located, provided that the applicant demonstrates to the Board that the site has been, or can be, stabilized and otherwise made suitable and safe for the use proposed.
G. 
Violations and penalties. In addition to the fines and penalties generally prescribed for violations of this chapter in § 200-146, the conditional use approval of a sanitary landfill, solid waste transfer station, or other solid waste management facility, including incinerator, shall be subject to suspension or termination in the event that:
(1) 
Such facility is operated in a manner other than that permitted by the conditional use approval.
(2) 
The operator should ever be enjoined from operating the facility.
(3) 
The solid waste management permit for the facility operation is suspended or revoked.
[Added 10-18-2021 by Ord. No. 250]
A public utility facility, as defined in § 200-9, shall be permitted by conditional use of the Board of Supervisors in the C/I Commercial Industrial District, subject to the following performance standards:
A. 
No obnoxious, toxic or corrosive fumes or gases shall be emitted as a result of the use.
B. 
No use shall emit offensive odors which are perceptible at lot lines.
C. 
No use shall discharge into the air dust or other particulate matter in a manner or quantity which does not conform to regulations of the Pennsylvania Department of Environmental Protection.
D. 
No use shall emit smoke from operations.
E. 
No use shall produce any heat perceptible at or beyond the lot boundaries.
F. 
No use shall utilize lighting in a manner which does not conform with the lighting standards in this chapter.
G. 
No use shall permit physical vibrations perceptible at or beyond the lot boundaries.
H. 
No use shall emit potentially harmful radiation.
I. 
No use shall engage in the production or storage of any material designed for use as an explosive.
J. 
No use shall engage in the storage of any solid or hazardous waste on the lot for any period beyond five days. Such waste storage shall be located behind the front building line of the primary building and no closer than 50 feet to any rear or side lot line and shall be completely screened from the view of any street or adjoining property.
K. 
No use shall discharge any objectionable and/or potentially dangerous effluent from plant operations.
L. 
No industrial lagoons for chemicals or other liquid waste shall be permitted.
M. 
The portion of any such use not located within a building shall be enclosed or adequately screened in such a manner as to not be visible across property lines.
N. 
All uses shall be conducted in compliance with applicable governmental regulations, including the noise and lighting regulations in this chapter.
O. 
No retail activity shall be permitted.
P. 
The owner of the public utility facility shall provide the Township with an emergency liaison that may be reached 24 hours a day, seven days a week in the event of an emergency.
Q. 
The public utility facility shall prepare and file with the Township an emergency response plan which shall be followed in the event of an emergency at the facility.
R. 
Road openings shall be subject to the provisions of Chapter 167, Streets and Sidewalks, Article I, Openings and Excavations.