Township of East Whiteland, PA
Chester County
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Table of Contents
Table of Contents
A. 
Permitted uses. Uses are permitted by right, as special exceptions, and as conditional uses in residential districts in accordance with § 200-19.
B. 
Conditional uses. The Board of Supervisors is authorized to grant conditional uses for uses specified in § 200-19 in accordance with Article XVII, §§ 200-109, 200-110, and 200-111.
C. 
Accessory uses. Accessory uses are permitted in accordance with Article XIV.
D. 
Off-street parking and loading. Off-street parking and loading shall be provided in accordance with Article XII.
E. 
Buffers. Buffers shall be provided in accordance with Article XI.
F. 
Signs. Signs shall be in accordance with Article XIII.
G. 
Performance standards. Any activity or use in residential districts shall comply with the performance standards of Article II.
H. 
Natural and landscaped areas. Except as provided for in specific sections of this article, all portions of a tract not occupied by buildings and required improvements shall be maintained as landscaped areas consisting of natural environmental features and/or planted vegetation.
I. 
Permanent open space.
(1) 
Permanent open space: design standards. Permanent open space to be provided in accordance with certain sections of this article shall be designed in accordance with the following standards:
(a) 
Permanent open space shall be so designated on the submitted plans, and the plans shall contain a notation stating, "Permanent Open Space shall not be separately sold and shall not be further developed or subdivided."
(b) 
Permanent open space shall be contiguous to the development, not separated by existing streets, and shall not be a part of any lot within the development, except as a conditional use, permanent open space may be separated from the development by existing streets.
(c) 
Each area of permanent open space shall contain not less than 10,000 square feet.
(d) 
Permanent open space areas shall be designed as a continuous system of open space and shall be interconnected with open space areas on abutting parcels whenever possible.
(e) 
Permanent open space shall be provided with safe and convenient access to the residentially developed area of the tract by adjoining frontage on streets or easements capable of accommodating pedestrian, bicycle, and maintenance vehicle traffic. The permanent open space shall contain appropriate access improvements and shall be provided with perimeter parking areas where appropriate.
(f) 
Permanent open space shall predominantly consist of natural environmental features or planted and maintained vegetation that may contain walking, biking, or equestrian trails. Permanent open space may also contain impervious surface areas, such as tennis courts, clubhouses, or other active recreation facilities, but such active recreation facilities shall consist of less than 25% of the permanent open space.
(g) 
Permanent open space shall be configured so as to create areas of adequate size and shape to permit a variety of uses, active or passive, throughout the system.
(2) 
Permanent open space: environmentally sensitive area. The environmentally sensitive area of a tract or portions thereof may be counted toward permanent open space to be provided in accordance with certain sections of this article, provided that the following criteria are met:
(a) 
Active recreational facilities to meet the needs of the residents or users of the development are provided outside of the environmentally sensitive area of the tract.
(b) 
Use of environmentally sensitive areas for passive recreation shall not include structures and shall not conflict with the primary purpose of environmentally sensitive areas to conserve and protect specific natural resources.
(c) 
Any use of environmentally sensitive areas complies with regulations contained in Article X of this chapter.
(3) 
Permanent open space: offer of dedication. Permanent open space to be provided in accordance with certain sections of this article shall be offered for dedication to the Township, although the Township need not accept any such offers.
(4) 
Permanent open space: ownership and maintenance. Provision for ownership and maintenance of the permanent open space shall be made in a manner so as to ensure its preservation. This shall be accomplished in one of the following manners:
(a) 
The Township may accept dedication of the permanent open space or any interest therein for public use and maintenance, but the Township need not accept a dedication of the permanent open space if offered.
(b) 
With permission of the Township, and with appropriate deed restrictions in favor of the Township and in language acceptable to the Township Solicitor, the developer may transfer the fee simple title in the permanent open space or a portion thereof to a private, not-for-profit organization among whose purposes is the conservation of open space land and/or natural resources, provided that:
[1] 
The organization is acceptable to the Township and is a bona fide conservation organization with a perpetual existence;
[2] 
The conveyance contains appropriate provision for proper retransfer or reverter in the event that the organization becomes unable or unwilling to continue to carry out its functions; and
[3] 
A maintenance agreement acceptable to the Township is entered into by the developer, the organization and the Township.
(c) 
The developer shall provide for and establish an organization for the ownership and maintenance of the permanent open space consistent with the requirements for unit owners' associations found in the Pennsylvania Uniform Planned Community Act or Pennsylvania Uniform Condominium Act. If such an organization is created, the deeds for the permanent open space and for all individual lots within the development shall contain the following requirements in language acceptable to the Township Solicitor:
[1] 
Such organization shall not dispose of the permanent open space by sale or otherwise except to the Township or other government body unless the Township has given prior approval. Such transfer shall be made only to another organization that shall maintain the permanent open space in accordance with the provisions of this chapter.
[2] 
The organization and all lot owners within the development shall agree to maintain the permanent open space. If private ownership fails to do so, the Township may proceed to maintain deteriorating open space and may assess and lien the properties within the development accordingly.
[3] 
All lot owners shall be required to become members of the organization and pay assessments for the maintenance of the permanent open space, which may be increased for inflation and which may provide for professional management.
[1]
Editor's Note: The Table of Permitted Uses for Residential Districts is included at the end of this chapter.
A. 
Residential Districts, except Cluster.[1]
[1]
Editor's Note: The Table of Development Standards for Residential Districts Except Cluster is included at the end of this chapter.
B. 
R-1 District Cluster Overlay.[2]
[2]
Editor's Note: The Table of Development Standards for R-1 District Cluster Overlay is included at the end of this chapter.
C. 
R-2 District Cluster Overlay.[3]
[3]
Editor's Note: The Table of Development Standards for R-2 District Cluster Overlay is included at the end of this chapter.
D. 
R-3 District Cluster Overlay.[4]
[4]
Editor's Note: The Table of Development Standards for R-3 District Cluster Overlay is included at the end of this chapter.
A. 
Intent. The intent of the R-1 Residential District is to provide appropriate locations and development standards for single-family detached residential dwellings (and in specified cases in cluster developments, two-family and single-family attached residential dwellings) associated with low-density areas of the Township. R-1 Residential Districts are also appropriate for residential clustering. (See §§ 200-20B and 200-26.)
B. 
Permitted uses. Uses are permitted by right, as special exceptions, and as conditional uses in R-1 Residential Districts in accordance with § 200-19.
C. 
Development standards. Uses shall occur in accordance with the standards of § 200-20A and B.
D. 
Cluster development. Cluster development may be undertaken in R-1 Residential Districts under the provisions of §§ 200-20B and 200-26.
A. 
Intent. The intent of the R-2 Residential District is to provide appropriate locations and development standards for single-family detached residential dwellings (and in specified cases in cluster developments, two-family and single-family attached residential dwellings) associated with medium-low-density areas of the Township. R-2 Residential Districts are also appropriate for residential clustering. (See §§ 200-20C and 200-26.)
B. 
Permitted uses. Uses are permitted by right, as special exceptions, and as conditional uses in R-2 Residential Districts in accordance with § 200-19.
C. 
Development standards. Uses shall occur in accordance with the standards of §§ 200-20A and C.
D. 
Cluster development. Cluster development may be undertaken in R-2 Residential Districts under the provisions of §§ 200-20C and 200-26.
A. 
Intent. The intent of the R-3 Residential District is to provide appropriate locations and development standards for single-family detached residential dwellings (and in specified cases in cluster developments, two-family and single-family attached residential dwellings) associated with moderately low-density areas of the Township. R-3 Residential Districts are also appropriate for residential clustering. (See §§ 200-20D and 200-26.)
B. 
Permitted uses. Uses are permitted by right, as special exceptions, and as conditional uses in R-3 Residential Districts in accordance with § 200-19.
C. 
Development standards. Uses shall occur in accordance with the standards of §§ 200-20A and D.
D. 
Cluster development. Cluster development may be undertaken in R-3 Residential Districts under the provisions of §§ 200-20D and 200-26.
A. 
Intent. The intent of the RM Residential District is to provide appropriate locations and development standards for single-family detached, two-family, single-family attached, and multifamily residential dwellings in medium-density developments within areas of the Township designated for such uses by the Comprehensive Plan.
B. 
Permitted uses. Uses are permitted by right, as special exceptions, and as conditional uses in RM Residential Districts in accordance with § 200-19.
C. 
Development standards. Uses shall occur in accordance with the standards of § 200-20.
A. 
Intent. The intent of the RMH Residential District is to provide appropriate locations and development standards for single-family detached, two-family, single-family attached, and multifamily residential dwellings in medium-high-density developments within areas of the Township designated for such uses by the Comprehensive Plan.
B. 
Permitted uses. Uses are permitted by right, as special exceptions, and as conditional uses in RMH Residential Districts in accordance with § 200-19.
C. 
Development standards. Uses shall occur in accordance with the standards of § 200-20.
[Added 6-11-2014 by Ord. No. 255-2014]
A. 
Intent. The intent of the RRD Residential Revitalization District is to provide for and encourage reuse, redevelopment and revitalization of tracts that either will or have undergone remediation pursuant to the Pennsylvania Land Recycling and Environmental Remediation Standards Act, 35 P.S. § 6026.101 et seq., or successor legislation, for single-family attached dwellings and townhouses.
B. 
Permitted uses. Uses permitted by right, as special exceptions, and as conditional uses in the RRD Residential Revitalization District in accordance with § 200-19.
C. 
Development standards. Uses shall occur in accordance with the standards of § 200-20.
D. 
Parking. The off-street parking space requirements of § 200-70 shall not apply to the RRD District. The following off-street parking space requirements shall apply to the RRD District:
Structure or Use
Spaces Required
Single-family attached dwelling, townhouse, stacked townhouse
2.0 per dwelling unit
E. 
Where the Board of Supervisors has approved development plans in the RRD Residential Revitalization District for a tract meeting the requirements stated herein, individual units, buildings, or parcels of land within the approved RRD Residential Revitalization District development may be subdivided, leased, purchased, sold, mortgaged, and developed as individual zero lot line units or as individual parcels containing multiple dwelling units without meeting the development standards of § 200-20; provided, however, that the development plan for the entire tract shall at all times remain compliant with the tract development standards applicable to the RRD Residential Revitalization District.
A. 
Cluster development, intent. The intent of this section is to establish standards and criteria that permit the clustering of homes on reduced-sized lots in the R-1, R-2, and R-3 Residential Districts, in return for the permanent preservation of usable and/or environmentally sensitive open space. Furthermore, it is the intent of this section to encourage the following objectives:
(1) 
Permit a more attractive, varied arrangement of dwelling units and open space on a particular tract and encourage the preservation of views of open land.
(2) 
Allow specific parcels of land to be developed more efficiently and economically, and with greater environmental sensitivity, than is possible under standard lot-by-lot zoning.
(3) 
Preserve natural features such as tree masses, stream valleys, woodlands, scenic vistas, and other natural features that are appropriate for park, recreation, and/or other open space purposes.
(4) 
Preserve and enhance the character and integrity of historically and architecturally significant structures and their settings.
(5) 
Enable the creation and maintenance of open space in order to accomplish the above-stated objectives.
(6) 
Allow for a reasonable amount of development while providing maximum design and planning flexibility in order to accomplish the above-stated objectives.
B. 
Eligibility/prerequisites for cluster development. Development may be undertaken under the provisions of this section on sites meeting the following criteria:
(1) 
Tract location. The land shall be located in the R-1, R-2, or R-3 Residential Districts.
(2) 
Tract size. Minimum tract sizes shall be subject to the underlying district designations and according to the schedules outlined in § 200-20.
(3) 
Open space provision/suitability. At least 30% of the gross area of the tract must be suitable for use as open space, in conformance with the standards of § 200-18 and shall be permanently reserved for open space uses.
(4) 
Sewer and water facilities. All cluster development shall be served by central water facilities and public sanitary sewers or other centralized facilities acceptable to the Board of Supervisors and subject to the approval of the Pennsylvania Department of Environmental Protection or its successor agency and the appropriate servicing authority.
(5) 
Ownership. The tract of land to be developed shall be in one ownership, or shall be the subject of an application filed jointly by owners of the entire tract, and it shall be agreed that the tract will be developed under single direction in accordance with an approved plan.
(6) 
Development plan. The application for development shall be accompanied by a master plan, or plans, showing the detailed use of the entire tract. The plan shall clearly designate the proposed use(s) and building and facility locations of each area of the tract. The plan shall be in conformance with the East Whiteland Township Subdivision and Land Development Ordinance.[1]
[1]
Editor's Note: See Ch. 175, Subdivision and Land Development.
(7) 
Development stages and permits. The development of a tract carried out in either a single phase or in stages shall be executed in accordance with a development agreement. The owner, developer, and Township shall enter into the agreement embodying all details regarding compliance with this section to assure the binding nature thereof for the overall tract and its development. The agreement shall be recorded with the final development plan.
(8) 
Subdivision of tract. The subdivision of the tract into lots may occur only for financial purposes and not so as to permit individual lots to be treated as independent parcels for separate land development at a future time. Subdivision of the tract may occur only when deed restrictions are executed and recorded that maintain the lots as an integral part of the total tract land development.
C. 
Use regulations. A building may be erected, altered, or used and a lot may be used or occupied for any of the following purposes, and no other:
(1) 
Residential dwellings, according to § 200-19.
(2) 
Open space and recreation areas, including indoor recreation facilities, community facilities or similar uses, provided they are intended for the prospective residents of the development or in public not-for-profit neighborhood or municipal facilities.
(3) 
Accessory uses normally allowed in a residential district and permitted in the R-1, R-2, or R-3 Residential Districts.
(4) 
Uses authorized by special exception in R-1, R-2 or R-3 Residential Districts.
D. 
Density regulations. The total number of dwelling units per developable acre shall not exceed the maximums indicated in the schedules outlined in § 200-20. The maximum density for a tract of land determined by this method shall supersede any lot area regulations that may allow greater densities.
E. 
Development standards. Development shall occur in conformance with standards as outlined in § 200-20.
F. 
(Reserved)[2]
[2]
Editor’s Note: Former Subsection F, Historic resources, as amended 1-14-2015 by Ord. No. 263-2015, was repealed 9-12-2018 by Ord. No. 301-2018.
G. 
Permanent open space.
(1) 
Permanent open space: design standards. Permanent open space shall be designed in accordance with the standards of § 200-18 of this article.
(2) 
Permanent open space: offer of dedication. Open space required as part of any cluster development shall be offered for dedication to the Township, although the Township need not accept any such offers.
(3) 
Permanent open space: Ownership and maintenance. Provision for ownership and maintenance of the permanent open space shall be made in accordance with § 200-18 of this article.
Home day-care for no more than six children (excluding children living in the home and related to the caregiver by blood, marriage, or legal adoption), located only in a single-family detached dwelling in which the caregiver resides, shall be considered a home occupation, when authorized as a special exception and subject to the following additional requirements:
A. 
The caregiver shall be registered or licensed by the Commonwealth of Pennsylvania Department of Public Welfare Office of Children, Youth and Families to provide child-care services in the dwelling.
B. 
The caregiver shall register yearly with the Township and pay an annual registration fee in accordance with a fee schedule adopted by resolution of the Board of Supervisors as shall be determined from time to time by the Board of Supervisors.
C. 
There shall be no structural change to the exterior of the single-family detached dwelling to accommodate the day-care use.
D. 
There shall be a minimum of 40 square feet of floor space per child, inclusive of space occupied by furniture and equipment but exclusive of closets, halls, bathrooms, kitchens, and related areas, which shall be on the first floor of the single-family detached dwelling.
E. 
A minimum of 100 square feet of outdoor space per child shall be available on the same lot.
F. 
The normal hours of operation shall commence no earlier than 7:00 a.m. and shall finish no later than 8:00 p.m.
G. 
A driveway shall be provided to allow off-street pickup and drop-off of children.
H. 
No home day-care use shall be permitted within 750 feet of any other home day-care use.
I. 
As a home occupation, home day-care shall be regulated by § 200-28 of this article.
A. 
No-impact home-based businesses. No-impact home-based businesses, as defined in this chapter, are permitted by right in all residential districts and in dwellings in all mixed use districts.
B. 
Standards applicable to professional services home occupations and general home occupations. All home occupation uses not qualifying as no-impact home-based businesses, as defined in this chapter, are permitted by special exception, subject to the following conditions:
(1) 
Off-street parking shall be provided in accordance with Article XII.
(2) 
Persons engaged in the use shall comply with Township mercantile, occupational privilege, and business privilege tax regulations.[1]
[1]
Editor's Note: See Ch. 180, Taxation.
(3) 
No goods shall be publicly displayed.
(4) 
The use shall be carried on entirely within a dwelling unit or a building accessory thereto, and only one such home occupation use shall be permitted within one dwelling unit.
[Amended 11-14-2007 by Ord. No. 201-2007]
(5) 
No oversized vehicles shall be associated with the use.
(6) 
No sales of goods shall be made from the premises.
(7) 
The use shall not produce high levels of vehicular traffic, or noise, odors, air pollution, or glare.
(8) 
The residential character of the premises and the neighborhood shall be maintained.
(9) 
A maximum of two persons not permanent residents of the dwelling unit may be employed in the use.
[Added 11-14-2007 by Ord. No. 201-2007]
(10) 
No more than 25% of the gross floor area of the dwelling may be used for the use.
[Added 11-14-2007 by Ord. No. 201-2007]
(11) 
The use shall not alter or change the exterior character or appearance of the dwelling, except for signs as permitted by Article XIII.
[Added 11-14-2007 by Ord. No. 201-2007[2]]
[2]
Editor's Note: This ordinance also deleted former Subsections C and D.
[Added 8-14-2019 by Ord. No. 317-2019]
A. 
An in-law suite shall be permitted in single-family detached dwellings.
B. 
The in-law suite shall be a maximum of 40% of the size of the primary residence and no larger than 1,000 square feet.
C. 
The owner(s) of the residence in which the in-law suite is created shall occupy either the primary residence or the in-law suite.
D. 
The occupants of the in-law suite shall be limited to two in number.
E. 
The in-law suite shall be an integral part of the primary residence, with an interior connection such that, upon the termination of its use as an in-law suite, the rooms may be incorporated back into the original single-family residence.
F. 
Additions. Additions to an existing single-family detached dwelling designed to allow the creation of an in-law suite in that dwelling shall be permitted, provided that yard and building coverage requirements of this chapter are maintained and the addition will facilitate the creation of an otherwise allowed in-law suite in a logical manner considering design, layout and safety factors.
G. 
Exterior alterations.
(1) 
Alterations to the exterior of the existing dwelling, other than those to improve the maintenance and attractiveness of the dwelling, shall be minimized; after creation of the in-law suite, the building shall maintain the usual appearance of a single-family detached dwelling and shall remain compatible with the character of the surrounding neighborhood.
(2) 
The converted dwelling shall have no more than the existing number of entrances along the front of the building. All other entrances to either the principal or accessory dwelling units shall be located on the side or rear of the building.
(3) 
No new unenclosed exterior stairways shall be allowed on the front of the converted dwelling.
(4) 
Necessary changes in the number or placement of windows to provide adequate light and air will be allowed, but shall be minimized; any changes which occur must be done in a manner consistent with the architectural character of the dwelling.
H. 
Parking. A minimum of one all-weather off-street parking space, with unrestricted ingress and egress to the street, shall be provided for the in-law suite, in addition to that required for the original single-family detached dwelling unit.
I. 
Health and safety code requirements.
(1) 
The single-family detached dwelling and the in-law suite shall conform to all requirements of the applicable building, health, fire and sanitary codes which regulate structural soundness, overcrowding, fire protection, sewage disposal and water supply.
(2) 
If an on-site sewer or water system is to be used, the applicant shall submit evidence to the Zoning Officer showing that the total number of occupants in the single-family detached dwelling and the in-law suite will not exceed the maximum capacities for which the original single-family detached dwelling was 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 Sewage Enforcement Officer.
J. 
Recording. The owner of the property shall execute an agreement with the Township which shall be recorded with the County Recorder of Deeds and shall set forth the limitations in this section as to the use and occupancy of the in-law suite. Such an agreement shall be subject to review by the Township Solicitor prior to recording.