Borough of Downingtown, PA General Regulations

In setting forth general regulations in this article, it is the intent of the Borough to establish clear standards for activities and the design and impact of site development that may be associated with a variety of zoning districts or types of land use. In most instances, these regulations are to be interpreted and applied in conjunction with the requirements of one or another use district of this chapter; they are applicable to relevant situations as they arise and are limited with respect to the Zoning Map only as stipulated by the terms of this article.

§ 287-71 Exception to height limitations.

The height limitations of this chapter shall not apply to church spires, belfries, cupolas and domes not intended for human occupancy, monuments, observation towers, standpipes, chimneys and flagpoles.

The height limitations of this chapter shall not apply to any building or structure accessory to an agricultural use, including but not limited to a barn or silo.

The height of any signal transmitting, receiving or relay tower; windmill or similar wind-energy-conversion system; ham radio antenna; television antenna; or similar mast or aerial shall not exceed 50 feet. Any such facility shall be located so that its distance from any property line is at least as great as its height.

§ 287-72 Modification of front yard requirements.

Where an unimproved lot is situated between two improved lots, on each of which there has existed since the effective date of this chapter a principal building within 25 feet of the side boundary line of such improved lot and encroaching within the front yard otherwise required by this chapter, the front yard depth of such unimproved lot may be the average depth of the front yards of the two adjacent improved lots, notwithstanding the yard requirements of the district in which the unimproved lot is located.

Where an unimproved lot adjoins only one improved lot on which there has existed since the effective date of this chapter a principal building within 25 feet of the common side lot line and encroaching within the front yard otherwise required by this chapter, the front yard depth of such unimproved lot may be the average depth of the front yard of such adjacent improved lot and the front yard required for the district in which such unimproved lot is located, notwithstanding the yard requirements for such district.

§ 287-73 Projections into required yards.

Front yards shall be entirely free of buildings or parts thereof, except chimneys, cornices, eaves or gutters projecting not more than 30 inches; steps; bay windows not extending more than one story and not projecting more than 42 inches; and as provided in Subsection C below.

Side yards shall be entirely free of buildings or parts thereof, except chimneys, cornices, eaves or gutters projecting not more than 30 inches; one-story open porches and steps projecting not more than 48 inches; bay windows, no taller than four times their width, projecting not more than 42 inches; and as provided in Subsections D and E below in § 287-73.

An open porch, awning or movable canopy may project a maximum of eight feet into any required front yard.

An open porch, awning or movable canopy may project a maximum of eight feet into any required side or rear yard, but shall not be closer than 10 feet to any property line.

Arbors, trellises, garden sheds and similar uninhabitable accessory structures shall be permitted within side and rear yard areas, provided that they are not more than 12 feet in height and are set back at least three feet from the lot line and not closer than five feet to the edge of any alley or street at the side or rear of the property.

§ 287-74 Location of accessory private garages.

An accessory private garage, not exceeding 15 feet in height, may be erected across a common side property line or within a side or rear yard, provided that:

A garage built upon a common side property line shall be a shared garage.

A single (as opposed to shared) garage shall not be built closer than three feet to any side or rear property line and not closer than five feet to the edge of any alley or street at the side or rear of the property.

The maximum amount of impervious surface for the lot shall not be exceeded.

§ 287-75 Protection against vision obstruction.

On any lot, no wall, fence or other obstruction shall be erected, allowed or maintained and no hedge, tree, shrub or other growth shall be planted or allowed to exist which dangerously obscures the view of approaching traffic along a street or at intersections with other streets or driveways. The standards in Chapter 109, Building Construction,[1] shall further govern, as applicable.

[1]

Editor's Note: Per the Borough's request, the former references to Ch. 119, Commercial and Industrial Facilities, have been changed to refer to Ch. 109, Building Construction, pursuant to the repeal of Ch. 119 9-4-1996 by Ord. No. 96-11.

In all residential districts, on a corner lot or any point of entry upon a public road and/or alley, nothing shall be erected, placed or allowed to grow in a manner which obscures vision:

(1)

Between the heights of 2 1/2 feet and 10 feet, measured from the center-line grades of the intersecting streets.

(2)

Within the area bounded by the street lines of such corner lots and a line joining points in these street lines 25 feet from their intersection or within lines drawn from a point on the driveway or entrance center line 15 feet behind the street line to points 25 feet of the entrance center line along the street line or a line drawn perpendicular to the center line at the street line. The requirements of this section shall not be deemed to prohibit any necessary retaining wall of a height less than three feet, measured from the center line grade.

§ 287-76 Height limitations for fences, walls and hedges.

[Amended 7-14-1993 by Ord. No. 93-3]

As defined by this chapter, a fence shall be any freestanding and uninhabited structure consisting of wood, glass, metal, plastic, wire, wire mesh or masonry, singly or in combination with other materials, three feet in height or higher; a freestanding masonry wall is considered a fence. A retaining wall or a wall of a building permitted under the terms of this chapter shall be exempt from these requirements.

[Amended 10-6-2004 by Ord. No. 2004-4]

Except as provided in § 287-75, fences, walls and hedges shall be permitted within any required residential or commercial district rear and side yard or along the edge of any rear and side yard, provided further that no property line fence, wall or hedge exceeding six feet in height shall be erected, except when an integral part of a building. No fence shall be permitted along the sides or front of a front yard in a residential or commercial district unless approved by Borough Council. In making its determination, Borough Council shall require that the fence comply with § 287-75; be consistent with existing fences, hedges or walls in the neighborhood; and be ornamental in nature to promote the small town character of the Borough of Downingtown. Picket fences are acceptable if they otherwise comply with the above criteria. Walls and hedges shall be permitted along the sides or front of a front yard in a residential or commercial district, provided that they may not exceed three feet in height.

[Amended 10-6-2004 by Ord. No. 2004-4]

Except as provided in § 287-75, fences, walls and hedges shall be permitted within any required yard in an industrial district, provided further that the height requirement be set at a minimum of six feet and maximum of 10 feet.

No razor or barbed wire shall be permitted on any fence, wall or hedge, unless approved by the Council of the Borough of Downingtown.

No fence, wall and/or hedge shall be erected in any required yard area of a commercial or industrial district, unless the proposal has been reviewed by the Downingtown Planning Commission and approval granted by the Council of the Borough of Downingtown and a building permit issued by the Zoning Officer, except residential properties in an industrial district in existence at the date of adoption of this article shall conform to the residential district requirements.

For any mixed use of a residential structure with commercial or industrial in a district, the requirements for commercial or industrial, whichever is the mixed use, shall apply.

All existing fences, walls and hedges which do not conform to the requirements of this article shall be nonconforming and shall be made to conform as follows:

(1)

Once a fence, wall or hedge is removed for any reason, the replacement fence, wall or hedge must comply with all the provisions of these regulations.

(2)

Any repair done or required to be done to more than 25% of the overall linear feet of the fence, wall or hedge will require the entire fence, wall or hedge to comply with all the provisions of these regulations.

(3)

Any fence, wall or hedge which in the judgment of the Zoning Officer is dilapidated, unsafe, dangerous and/or a menace to the health, safety and general welfare of the people of the Borough of Downingtown shall be made to comply with all the provisions of these regulations.

§ 287-77 Landscaping and site design.

Any portion of a lot, site or tract which is not used for buildings or structures, loading or parking spaces and aisles, other impervious surfaces, or designated storage areas shall be planted with an all-season ground cover. A major objective for such ground cover shall be to prevent soil erosion and sedimentation off the site. The standards of Chapter 109, Building Construction,[1] concerning maximum height of ground cover, shall further govern, as applicable.

[1]

Any use or activity proposed as part of a subdivision or land development shall comply with the requirements for shade trees, street trees and other landscaping components as stipulated in Section 710 of the Downingtown Borough Subdivision and Land Development Ordinance.[2]

[2]

Editor's Note: See Ch. 256, Subdivision of Land.

§ 287-78 Buffering and screening of visual impacts.

General applicability. All persons undertaking any of the following activities shall comply with the standards and procedures in Subsections B through E below.

(1)

Building construction.

(a)

All nonresidential buildings, excluding agricultural buildings and buildings accessory to single-family residential uses.

(b)

All multifamily residential buildings, except those created through the conversion of an existing structure.

(2)

Construction of the following streets, parking areas and loading and storage areas:

(a)

All streets to be dedicated to the Borough.

(b)

Any private street or driveway with a cartway of 18 feet or more.

(c)

Any parking area which exceeds 8,000 square feet.

(d)

Any loading or storage area, for equipment and materials, which exceeds 8,000 square feet.

(3)

Construction of any of the following structures or facilities which will exceed 4,000 square feet in ground coverage:

(a)

Public utility facilities and structures.

(b)

Liquid and solid waste collection, storage, conveyance and treatment facilities.

(c)

Stormwater management basins and related facilities.

(4)

Earthmoving and grading areas exceeding one acre, excluding those areas associated with on-lot site preparation for single-family and two-family residential lots, and further excluding agricultural operations.

Mitigation of visual impacts.

(1)

Consistent with the visual impact plan developed under Subsection D below, the applicant shall plant trees and shrubs and make other landscape improvements (e.g., berms, fences), as necessary, to mitigate the adverse visual impacts which his proposed actions will have on his property, adjoining properties and the Borough in general.

(2)

In demonstrating compliance with Subsection B(1) above, the applicant shall follow the minimum planting guidelines in Table 1[1] and the landscape design guidelines in Subsection C below. Where the proposed landscape improvements do not conform to these guidelines, the applicant shall undertake other design measures (site planning, architectural, landscape architectural) which, in the judgment of the Borough Council, achieve comparable results or which render the guidelines unnecessary or inappropriate.

[1]

Editor's Note: Table 1 is included at the end of this chapter.

(3)

In addition to the standards in Table 1, these minimum guidelines shall be followed for parking areas:

(a)

Parking areas exceeding 20,000 square feet:

[1]

Fifty percent of the parking area's net perimeter (total perimeter less street access lanes) should be bordered by planting areas of at least five feet in width.

[2]

Fifty percent of the parking area's net perimeter should be bordered by planting areas at least 15 feet in width.

(b)

No more than 12 parking spaces shall be placed in a continuous row without an intervening planting area of at least 72 square feet.

(4)

Because of the many benefits of native plants (price, longevity, wildlife habitat, etc.), the applicant is urged to conform to the minimum planting guidelines in Table 1[2] through the use of native trees and shrubs.

[2]

Editor's Note: Table 1 is included at the end of this chapter.

(5)

Species selected by the applicant should reflect the following considerations:

(a)

Existing site conditions and their suitabilities for the plant materials, based upon the site's geology, hydrology, soils and microclimate.

(b)

Specific functional objectives of the plantings, which may include but not necessarily be limited to visual screening, noise abatement, energy conservation and aesthetic values.

(c)

Maintenance and replacement considerations, such as hardiness, resistance to insects and disease, longevity and availability and cost of plant materials.

(6)

For the purposes of promoting disease resistance, minimum maintenance, diverse natural plant associations and long-term stability of plantings, the applicant is encouraged to choose those combinations of species which may be expected to be found together under more-or-less natural conditions on sites comparable to those where the trees and shrubs are to be planted.

Landscape design guidelines.

(1)

Plantings should be provided in arrangements and locations which best mitigate the adverse impacts of the applicant's proposed site disturbance actions.

(2)

Planting areas should be selected and designed to reflect natural landscape characteristics existing prior to site disturbance, as well as those environmental conditions to be created following site disturbance by the applicant.

(3)

The locations, dimensions and spacing of required plantings should be adequate for their proper growth and maintenance, taking into account the sizes of such plantings at maturity and their present and future environmental requirements, such as moisture and sunlight.

Visual impact plan. For all activities identified in Subsection A above, the applicant shall submit a plan that includes provisions for impact mitigation and long-term maintenance, as follows:

(1)

Depiction on the property base map of mitigation measures proposed by the applicant, including number and placement of plantings and of other landscape or design improvements as specified in Subsection B.

(2)

Delineation of views of the applicant's property as it would be developed, as seen from adjoining properties used or zoned for residential or institutional purposes and from existing adjoining public roads. Such views shall be classified according to whether views of the applicant's proposed improvements would be hidden, filtered or unobstructed. With respect to adjoining roads, such views shall be based upon the viewer's location at the far edge of the road cartway, the opposite edge of which directly abuts the property. With respect to adjoining properties, the viewer's location shall be along the lines established by the minimum front, side and rear yard distances as required by existing zoning for those properties.

(3)

A delineation of views of the applicant's property as they would be seen at the time the applicant's mitigation improvements are in place.

(4)

Documentation showing the extent to which the landscape planting and design measures conform to the guidelines in Table 1.[3] Where they do not conform, the applicant shall demonstrate one or more of the following:

(a)

That other mitigation measures chosen will produce comparable or superior results.

(b)

That, through design excellence in site planning, landscape architecture and/or architecture, the guidelines in Table 1 are unnecessary or inappropriate.

(c)

That the need to mitigate in accordance with the guidelines constitutes an unreasonable or unnecessary financial burden.

[3]

Editor's Note: Table 1 is included at the end of this chapter.

(5)

Sufficient information to demonstrate that all maintenance standards in Subsection E will be complied with.

Site maintenance standards.

(1)

All landscape improvements to be provided in accordance with Subsection B above shall be installed and maintained by accepted practices as recognized by the American Society of Landscape Architects. Planting and maintenance of vegetation shall include, as appropriate, but not necessarily be limited to, provisions for surface mulch, guy wires and stakes, irrigation, fertilization, insect and disease control and pruning.

(2)

The applicant shall make arrangements acceptable to the Borough that all landscape improvements installed in accordance with this chapter shall be maintained in a healthy and/or sound condition or otherwise be replaced by equivalent improvements, for a period of at least 18 months following their installation, except as otherwise required by the Borough Subdivision and Land Development Ordinance[4] or by Chapter 109, Building Construction.[5]

[4]

Editor's Note: See Ch. 256, Subdivision of Land.

[5]

(3)

The applicant shall make arrangements acceptable to the Borough for the property's long-term landscape maintenance. The applicant shall provide the names, addresses and telephone numbers of those persons or organizations who will be assuming such responsibilities.

Additional screening requirements. In addition to meeting applicable standards of this section, certain uses permitted under terms of this chapter shall be required to comply with specific screening standards necessitated by the nature of the use. In such cases, compliance with those standards shall be in addition to meeting the applicable standards of this section; where standards appear to be in conflict, compliance shall be with the more stringent requirement.

§ 287-79 Storage.

The following standards shall apply to the storage of all man-made materials:

Storage for periods in excess of 30 days shall be screened from view of any public right-of-way and any contiguous residential use. Screening shall consist of continuous evergreen plantings and/or include an architectural screen. For the I-3 Multipurpose District, no outside storage will be permitted without prior permission from the Zoning Official.

[Added 9-3-1997 by Ord. No. 97-8]

No storage shall be permitted within the front yard of a lot.

No merchandise, goods, articles or equipment shall be stored, displayed or offered for sale outside any building except seasonal articles which are too large or otherwise infeasible to be stored indoors. Such articles shall be stored adjacent to the principal building housing the commercial use and shall be enclosed by either walls or opaque fencing designed to be architecturally compatible with the building. Such enclosure shall be at least six feet high. Any outdoor display area shall be considered sales floor area for purposes of computing building coverage and parking requirements.

Any organic refuse and garbage shall be stored in tight, verminproof containers. In multifamily, commercial and industrial developments, solid waste storage shall be centralized to expedite collection. Storage containers shall be enclosed on four sides by an architectural screen.

[Amended 4-3-1991 by Ord. No. 91-5]

Flammable and combustible liquids, solids or gases shall be stored in accordance with the Borough Fire Code.[1] There shall be no storage of hazardous waste anywhere within the Borough, including temporary storage in a parked vehicle. Hazardous waste shall be as defined in Pennsylvania Act 97 of 1980, as amended, the Solid Waste Management Act.[2]

[1]

Editor's Note: See Ch. 146, Fire Prevention.

[2]

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

Any establishment which furnishes carts or mobile baskets as an adjunct to shopping shall provide clearly marked locations within the required parking areas for storage of said carts.

§ 287-80 Access and traffic control.

To minimize traffic congestion and hazard, control street access and encourage orderly development of street highway frontage, the following regulations shall apply:

Unless clearly impractical or inappropriate, lots which abut two or more streets shall have direct access only to a street of lesser functional classification, as defined by this chapter.

Where residential lots are created having frontage on an existing arterial, collector or local street within the Borough, the subdivision street pattern shall provide reverse frontage access to a local street within the subdivision, rather than access to the existing arterial, collector or local street.

No more than one point of ingress/egress from/to a public street shall be permitted per street frontage for any tract, except that a tract with more than 500 feet of frontage on a public street may have a second access point on that street. For the I-3 Multipurpose District, not more than one point of ingress/egress from/to a public street shall be permitted per street frontage for any tract except that the second access point may be permitted if located not less than 300 feet from the first, as measured from center line to center line. The second access point shall be located not less than 300 feet from the first, as measured from center line to center line.

[Amended 9-3-1997 by Ord. No. 97-8]

All vehicular accessways to or from any public street for any nonresidential use shall be located not less than 200 feet, measured from center line to center line, from any intersection of streets, or, if less than 200 feet, but in no case less than 100 feet, such accessway shall be for right-turn-in/right-turn-out only.

Provision shall be made for safe and efficient ingress and egress to and from public streets, without undue congestion or interference with normal traffic flow within the Borough. The developer shall be responsible for the design, construction and costs of any necessary traffic control devices, acceleration or deceleration lanes and/or other highway modifications required by the Borough and/or the Pennsylvania Department of Transportation.

In addition to the above requirements, all uses of land shall comply with the applicable standards for street intersections contained in Section 702 of the Borough Subdivision and Land Development Ordinance.[1]

[1]

Editor's Note: See Ch. 256, Subdivision of Land.

§ 287-81 Interior circulation.

Unless otherwise specified, the following regulations shall apply to all uses except single-family and two-family dwellings:

Access aisles and drives.

(1)

Interior drives shall be designed to prevent blockage of vehicles entering or leaving the site. Drives may be one-way or two-way. Areas designed for loading and unloading, refuse collection, fuel delivery and other service vehicles shall be arranged to prevent blocking or interfering with accessways and the use of automobile parking facilities or pedestrianways. Adequate turnaround surface shall be provided to permit egress to the street in a forward direction.

(2)

Traffic channelization shall be planned such that a main driving aisle, which vehicles can use to enter the site and parking bays, is remote from any primary building so as to avoid traffic conflicts in front of the primary building.

(3)

Parking areas shall be designed so that a vehicle within a parking area will not need to enter a public street to move from one location to any other location within the parking area or lot.

(4)

All interior drives and accessways shall have an approved all-weather surface and shall be graded, properly drained and maintained in good condition. Interior drives shall have a maximum grade of 8%, measured along the center line, for a distance of not less than 25 feet from the street right-of-way line. Beyond that point, interior roads and drives shall have a maximum grade of 10%, except for the I-3 Multipurpose District.

[Amended 9-3-1997 by Ord. No. 97-8]

Shared access. Common or shared-access driveways to parking and loading areas are permitted and encouraged. Landowners proposing such an arrangement shall submit a site plan and a proposed access easement indicating the extent and location of joint use; the area subject to the access easement shall be delineated on the site plan. Terms of the access easement also shall include the extent of common ownership and the method of assessing repair and maintenance costs. The proposed site plan and access easement shall be subject to approval by the Borough Council; upon approval, the plan and easement shall be recorded so as to be binding on all successors or assigns.

Fire lane easements.

(1)

Every use, building or structure located on a lot shall be designed to provide safe and convenient access for emergency service vehicles. Fire lane easements may be required by the Borough Council to ensure access. When required, fire lane easements shall extend from a public road and have a minimum right-of-way width of 25 feet; the Borough Council may require a right-of-way width of 50 feet where future public dedication of the casement area is seen as a possibility. The area within the easement shall be graded, maintained obstruction-free and have sufficient stability for use by emergency vehicles. The design of such fire lane easements shall be approved by the Borough Council upon the recommendation of the fire company having jurisdiction.

(2)

Dead-end fire lane easements shall not exceed 400 feet in length and shall be terminated with an unobstructed vehicular turnaround or cul-de-sac with a minimum surface radius of 35 feet.

Pedestrian circulation. The following regulations shall govern all uses, as deemed applicable by the Borough:

(1)

The landowner or developer shall install sidewalks and pathways or other pedestrian facilities in accordance with the terms of the Borough Sidewalk Ordinance and Subdivision/Land Development Ordinance.[1] For the I-3 Multipurpose District, it is the responsibility of the developer to adhere to the streetscape criteria. Such facilities shall be designed, where appropriate, to continue, link or expand existing pedestrian facilities on, across and abutting the site, with particular emphasis on providing access to parks, community facilities and services and public transportation locations.

[Amended 9-3-1997 by Ord. No. 97-8]

[1]

Editor's Note: See Ch. 249, Streets and Sidewalks, Art. II, and Ch. 256, Subdivision of Land.

(2)

Convenient and logical walkway connections shall be provided between the entrances of a principal building and its required parking spaces, preferably in conjunction with landscaped planting islands that provide shade, visual relief from glare and physical separation from vehicular areas.

(3)

Maximum separation of pedestrian and vehicular routes shall be encouraged, where space permits for safety and comfort of pedestrians. Separation can be in the form of any one or a combination of the following: horizontal distance; vertical separation and level changes; street trees, landscaping and other barriers, such as berms and fences.

§ 287-82 Lighting.

The following standards shall apply to all exterior light fixtures within Downingtown Borough except streetlighting and associated traffic safety devices provided by a public utility or governmental entity within a public right-of-way. For the I-3 Multipurpose District, it is the responsibility of the developer to adhere to the streetscape criteria.

[Amended 9-3-1997 by Ord. No. 97-8]

(1)

The light from any exterior light fixture (the light source and its enclosure, including any reflectors or other devices for the control of light) shall be shaded, shielded or directed to prevent direct light from being cast beyond an angle of 35° from a vertical plane and to prevent glare or other objectionable problems to surrounding areas.

(2)

Lighting fixtures shall not exceed 16 feet, in height. Within parking areas, lighting fixtures shall be located not more than 100 feet apart.

(3)

No lighting fixture shall have any blinking, flashing or fluttering lights or other illuminating device which has a changing light intensity, brightness or color, nor will any beacon lights be permitted.

(4)

Neither the direct nor reflected light from any lighting fixture shall create a disabling glare that would be a potential traffic hazard for motor vehicle operators on public roads.

Lighting systems and standards for major outdoor facilities, such as parks, athletic fields or stadiums, for which the above standards are inappropriate and unattainable, shall be permitted when approved as a special exception by the Zoning Hearing Board. The applicant shall demonstrate that the proposed lighting system is designed and will be operated to minimize objectionable impacts on other properties; the Zoning Hearing Board shall be further guided by the standards in § 287-145 of this chapter.

Streetlighting shall be provided in accordance with the requirements of the Borough Subdivision and Land Development Ordinance.[1] Any proposed streetlighting equipment and design shall be reviewed and approved by the Philadelphia Electric Company or its successor.

[1]

Editor's Note: See Ch. 256, Subdivision of Land.

§ 287-83 Noise standards.

Noise emanating from any use within the Borough shall not exceed the level of ordinary conversation at the lot boundaries. Short, intermittent noise peaks may be permitted, if they do not exceed normal traffic noise peaks at any point on the lot boundary. The standards in Chapter 109, Building Construction.[1] concerning noise shall further govern, as applicable.

[1]

Within all residentially zoned areas of the Borough, the following standards shall apply between the hours of 10:00 p.m. and 6:00 a.m., plus all day Sunday and legal holidays:

(1)

There shall be no nonresidential off-street loading operation.

(2)

There shall be no operation of a vehicle in excess of 8,600 pounds on the property nor idling of any motor of such vehicle.

(3)

There shall be no outside operation for nonresidential purposes of any powered equipment, mobile refrigeration unit, powered handtool, forklift, tractor or other similar vehicle except for lawn maintenance, snow removal or emergency services or repairs.

(4)

Other than police, fire, public service or ambulance operators, no person shall sound any horn, bell, gong, siren or whistle or make other unnecessarily loud noises except when reasonably required to prevent accidents.

(5)

There shall be no outdoor loudspeakers or similar amplification which may be heard beyond the property line.

For any proposed or existing use of land in which potential or actual noise impacts need amelioration, the means to ameliorate such impacts shall be proposed by the applicant and reviewed by the Borough on a case-by-case basis. The use of berms, existing and installed vegetation, fencing or similar enclosure, etc., shall be considered by the Borough and, where deemed suitable, may permit modification or waiver of restrictions in Subsection B above.

§ 287-84 Environmental performance standards.

The use of any land or structure within the Borough shall be conducted in such a way that it:

(1)

Emits no noxious, toxic or corrosive fumes or gases.

(2)

Emits no odors perceptible at the lot boundary. Any process which may involve the creation or emission of any odors shall be provided with a secondary safeguard system so that control will be maintained if the primary safeguard system fails.

(3)

Emits no smoke, dust, particulate matter or fumes that fail to meet the standards of the commonwealth.

[Amended 10-10-1990 by Ord. No. 90-16]

(4)

Produces no heat or glare perceptible at or beyond the lot boundary.

(5)

Produces no physical vibration perceptible at or beyond the lot boundary.

(6)

Produces no electromagnetic radiation or radioactive emission injurious to human beings, animals or vegetation. Electromagnetic radiation or radioactive emissions shall not be of an intensity that interferes with the use of any other property.

(7)

Does not engage in the production or storage of any material designed for use as an explosive or which, in any way, creates any other danger to the safety of the surrounding area.

(8)

Conforms to applicable regulations of the Pennsylvania Department of Environmental Resources and the Chester County Health Department regarding the treatment and disposal of industrial or sanitary wastes.

(9)

Does not engage in the storage of nonhazardous waste material, as defined by Pennsylvania Act 97 of 1980, as amended, the Solid Waste Management Act,[1] on the lot for any period beyond 30 days. For the I-3 Multipurpose District, does not engage in the storage of nonhazardous waste material for a period longer than seven days.

[Amended 9-3-1997 by Ord. No. 97-8]

[1]

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

(10)

Does not engage in the production, treatment or storage of toxic or hazardous waste, as defined by Pennsylvania Act 97 of 1980, the Solid Waste Management Act.[2] Any use or disposal of toxic or hazardous material or waste shall conform to the terms of § 287-85B of this article.

[2]

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

All utilities shall be installed below ground.

In addition to all applicable aspects of this chapter, the standards contained in Chapter 109, Building Construction,[3] shall be complied with, as applicable; where a conflict or inconsistency exists between the requirements of these chapters, the more stringent standard shall govern.

[3]

§ 287-85 Protection of groundwater.

Where a permit is required for any aspect of the water supply system from the Delaware River Basin Commission, including regulations governing well withdrawal of 10,000 or more gallons per day, as they may be amended; the Chester County Health Department; or any other regulatory agency, such permit shall be a prerequisite to the issuance of a building permit or use and occupancy permit.

Any of the following facilities may be installed and any activities undertaken, in conjunction with any nonresidential use authorized under the terms of this chapter, only upon demonstration by the applicant that all reasonable measures will be taken to minimize the adverse impacts of the proposed action on the Borough's groundwater resources. To minimize shall not mean to eliminate, but to make the most substantial effort possible under the circumstances to reduce the adverse effect of the action required to be minimized.

(1)

The below-ground storage of heating oil, gasoline, chemical solutions or other substances which, if released, would constitute pollutants to groundwater. If warranted, as determined by the Borough, the applicant may be required to place tank(s) in a concrete vault, install other impervious liners and/or install monitoring devices. The applicant shall also demonstrate compliance with all applicable regulations of the Pennsylvania State Police, Fire Marshal Division, and with the requirements of Subsection C below.

(2)

The use of fill containing any material which would represent a potential contamination hazard to groundwater. Materials shall include but not necessarily be limited to wastes identified as hazardous by the Pennsylvania Department of Environmental Resources.

(3)

Use, handling or disposal of toxic materials or any other substance with the potential to contaminate groundwater. The applicant shall also demonstrate compliance with Chapter 75 of the Rules and Regulations of the Pennsylvania Department of Environmental Resources and with the Resource Conservation and Recovery Act of 1976 (P.L. 94-580, as amended).

The installation, location, use, maintenance, sealing or removal of any underground storage tank, whether existing or proposed, shall comply with the requirements of the 1984 Hazardous and Solid Waste Amendments to the Resource Conservation and Recovery Act, unless specifically exempted thereunder, and with all applicable regulations promulgated by the Pennsylvania Department of Environmental Resources. Any applicant shall present documentation of his compliance with the Act and any amendments thereto and with any regulations promulgated by the United States Environmental Protection Agency and documentation of approval by that agency.

§ 287-86 Keeping of animals.

Livestock.

(1)

Livestock and other animals utilized as part of an agricultural operation, except poultry, pigs and swine, may be kept without numerical limit, so long as the property on which they are kept is not less than five acres in size and all applicable requirements of Subsection C below are complied with. The operation of a feed lot shall not be permitted in the Borough.

(2)

Any poultry operation or pig farm or the keeping of pigs or swine shall be permitted only where the property is not less than 30 acres.

Kennels.

(1)

As defined by this chapter, a kennel shall be allowed:

(a)

As a conditional use in the C-3 Highway-Oriented Commercial District, the I-1 Limited Industrial District and the I-2 General Industrial District, under the terms of Articles XI, XII and XIII, respectively.

(b)

As an accessory use to an agricultural operation, on a property of not less than five acres.

(2)

No kennel shall be located within 500 feet of any property zoned and/or used for residential purposes.

General standards applicable to all properties on which animals are kept.

(1)

No animals of any kind shall be kept in any structure or on the premises in a manner likely to cause excessive noise, objectionable odors, unhealthy or unsanitary conditions or pollution of groundwater or of stormwater runoff leaving the property.

(2)

Permanent shelter shall be provided for all animals. Such shelter shall be of sufficient size for good sanitation practices and shall be equipped with adequate facilities for food, water, manure removal and handling for the number and type(s) of animals kept. The location of any shelter shall conform to the setback standards otherwise applicable to accessory structures.

(3)

A fenced or otherwise enclosed outside area shall be provided which is capable of containing the animals kept and which is of sufficient size and properly located for good sanitation practices. Materials used for fencing shall be of sufficient sturdiness and properly designed, installed and maintained so as to prevent straying.

§ 287-87 Commercial and industrial facilities.

The standards of this chapter shall be complied with by any commercial or industrial facility, as defined by this chapter, hereafter constructed or established in the Borough to assure that the project, once established, remains consistent with its intended objectives, harmonious with its surroundings and safe for users and the public. Such commercial and industrial facilities are further regulated by specific standards and requirements regarding operation and maintenance in Chapter 109, Building Construction.[1]

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