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.
A.
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.
B.
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.
C.
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.
A.
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.
B.
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.
A.
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.
B.
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.
C.
An open porch, awning or movable canopy may project
a maximum of eight feet into any required front yard.
D.
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.
E.
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.
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.
A garage built upon a common side property line shall
be a shared garage.
B.
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.
C.
The maximum amount of impervious surface for the lot
shall not be exceeded.
A.
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.
B.
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.
[Amended 7-14-1993 by Ord. No. 93-3]
A.
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]
B.
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]
C.
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.
D.
No razor or barbed wire shall be permitted on any
fence, wall or hedge, unless approved by the Council of the Borough
of Downingtown.
E.
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.
F.
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.
G.
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.
A.
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]
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.
A.
General applicability. All persons undertaking any of the following activities shall comply with the standards and procedures in Subsections B through E below.
(2)
Construction of the following streets, parking areas
and loading and storage areas:
(3)
Construction of any of the following structures or
facilities which will exceed 4,000 square feet in ground coverage:
(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.
B.
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)
(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.
C.
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.
D.
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.
E.
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]
(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.
F.
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.
The following standards shall apply to the storage
of all man-made materials:
A.
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]
B.
No storage shall be permitted within the front yard
of a lot.
C.
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.
D.
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]
E.
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]
F.
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.
To minimize traffic congestion and hazard, control
street access and encourage orderly development of street highway
frontage, the following regulations shall apply:
A.
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.
B.
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.
C.
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]
D.
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.
E.
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.
Unless otherwise specified, the following regulations
shall apply to all uses except single-family and two-family dwellings:
A.
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]
B.
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.
C.
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.
D.
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]
(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.
A.
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.
B.
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.
A.
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]
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.
B.
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.
C.
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.
A.
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.
B.
All utilities shall be installed below ground.
C.
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]
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.
A.
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.
B.
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).
C.
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.
A.
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.
B.
C.
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.
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]
[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.