[Amended 7-8-2003 by Ord. No. 4-2003]
Notwithstanding the minimum lot size required to establish an agricultural parcel in the AP District, existing parcels in the AP District and existing and new parcels in the RA-2, R-1 and R-2 Districts may be classified as agricultural if they meet the requirements of this section. Agricultural uses shall be permitted (subject to this section) in any district, but only on lots of 10 acres or more unless otherwise permitted within this § 170-117.
B.
Livestock shall be kept in an enclosure, either fence
or structure, of such construction to prevent their movement onto
adjacent lots.
C.
The sale of farm products is permitted in any district
on any lot of three acres or more, provided that the principal portion
of such products sold have been produced on such lot, and further
provided that the primary use of such lot is either residential, agricultural
or recreational.
D.
Horticulture and nursery uses confined to the raising
and propagating of trees, shrubs, flowers and other vegetative material,
including the operation of a greenhouse shall be permitted in any
district on any lot of three acres or more, provided that the primary
use of such lot is either residential, agricultural or recreational.
Nothing In this section shall prohibit the planting and growing of
customary or required landscaping or screening in any district nor
the planting, growing and harvesting of reasonable amounts of fruits
or vegetables for the sole use by the person(s) residing on such lot.[1]
E.
Additional dwelling units.
[Added 10-12-2004 by Ord. No. 7-04]
(1)
In the RA-2, R-1, and R-2 Districts, a property used
for agricultural purposes, but not including intensive agriculture,
as such term is defined by this chapter, and containing a minimum
net lot area of 20 acres shall be permitted to be occupied by two
principal single-family dwelling units.
(2)
For each additional 10 acres of net lot area in excess of the 20 acres required under Subsection E(1), above, one additional principal single-family dwelling unit shall be permitted.
(3)
Such additional dwelling units shall not be required
to be located on separate, subdivided lots. All such units, however,
shall be located on the lot so as to meet all setback requirements
and have sufficient surrounding area so that the required setback
and area requirements for the zoning district in which they are situated
are complied with and that a lot conforming to the currently applicable
terms of this chapter could be created if proposed in the future.
F.
An indoor
riding facility, as defined by this chapter, shall be considered an
agricultural use when in compliance with the terms of this section.
[Added 6-28-2010 by Ord. No. 01-2010]
(1)
An indoor riding facility may be located as of right in the
AP Agricultural Preservation District and the RA-2 Residential Agricultural
District.
(2)
The maximum building coverage for an indoor riding facility
shall be 14,000 square feet.
(4)
The indoor riding facility shall not exceed 35 feet in height.
(5)
Evening use of an indoor riding facility is permissible, provided
that no light or noise associated with the activity is discernible
at the property line and beyond. No additional exterior lighting beyond
normal security purposes shall be permitted.
(6)
The maximum permissible number of stalls contained within or
associated with an indoor riding facility shall be determined on the
basis of one stall per acre of satisfactory grazing area on the tract.
(7)
To be deemed an agricultural use, an indoor riding facility shall be primarily for the use of the owner or occupant of the property and shall not be used for or characterized by any of the provisions in § 170-130.4 applicable to a commercial equine activity.
(8)
Manure handling shall comply with all applicable regulations
of Chester County and the Commonwealth of Pennsylvania.
(a)
The design of any manure storage facility shall be reviewed
by the Chester County Conservation District. The applicant shall furnish
a letter from the Chester County Conservation District documenting
approval of the design of the facility.
(b)
Construction and subsequent operation of the manure storage
facility shall be in accordance with the design approved by the Chester
County Conservation District.
(9)
The applicant shall demonstrate that the proposed location of
an indoor riding facility and stables is sufficiently level to avoid
extensive earthmoving. Construction of the indoor riding facility
shall not require removal of any area of woodland, as designated in
the Londonderry Township Comprehensive Plan.
(10)
The applicant for an indoor riding facility shall submit a land development plan under the terms of Chapter 130, the Londonderry Township Subdivision and Land Development Ordinance. As part of its review and decision on such a plan, the Board may require screening to reduce or eliminate the off-site visibility of lighting, structures, and/or parking areas.
[Amended 7-8-2003 by Ord. No. 4-2003; 12-30-2003; 3-22-2004 by Ord. No. A1-04]
The following standards shall apply to intensive
agricultural operations, as defined by this chapter:
A.
Except as otherwise provided in this section, intensive agricultural operations shall comply with the area and bulk regulations in § 170-19A of this chapter.
B.
All portions of any such operation, including but
not limited to buildings, wharves, fences, and the storage of compost,
spent compost, or manure, shall be set back from the property lines
as follows:
C.
The applicant shall present to the Board of Supervisors
all applicable permits and approvals for such operation, including
but not limited to any licensure required by the Pennsylvania Department
of Environmental Protection, approval from the Chester County Conservation
District, an NPDES stormwater management permit, an erosion/sedimentation
control plan, and/or a nutrient management plan.
[Amended 5-23-2005 by Ord. No. 7-05; 10-9-2007 by Ord. No. 6-2007]
A.
B.
No-impact home occupations shall meet all of the following
requirements:
(1)
The business activity shall be compatible with the
residential use of the property and surrounding residential uses.
(2)
No exterior evidence of the activity, including signs,
lighting, or the display, inventorying, or stockpiling of goods, shall
be visible.
(3)
No retail sales, exclusive of telephone and/or internet
solicitation, may be conducted.
(4)
Only residents of the dwelling may be engaged or employed
in the activity.
(5)
The activity may be conducted only within the dwelling
unit and may not occupy more than 25% of the habitable floor area.
(6)
The activity shall not require the delivery of materials
and goods by trucks larger than standard panel trucks equipped with
no more than one rear axle.
(7)
The activity may not use any equipment or process
that creates noise, vibration, glare, fumes, odors, or electrical
or electronic interference, including interference with radio or television
reception, that is detectable in the neighborhood.
(8)
The activity may not generate any solid waste or sewage
discharge in volume or type that is not normally associated with residential
use in the neighborhood.
(9)
There shall be no customer or client traffic, whether
vehicular or pedestrian, and no pickup, delivery, or removal functions
to or from the premises, in excess of those normally associated with
residential use.
(10)
There shall be no more than one home occupation
per dwelling unit.
(11)
Any dwelling unit in which a home occupation
is conducted shall have its own direct access to ground level.
(12)
The resident practitioner of any home occupation
shall provide the Township with the names of all individuals employed
by the business constituting the home occupation, and shall report
all additions or deletions among those so employed as they occur.
(13)
Prior to initiating the operation of a home
occupation, the resident practitioner shall be required to obtain
a permit from the Township and pay a fee in an amount as established
by resolution of the Board of Supervisors. The Township shall conduct
an inspection of the premises as part of the review of the permit
application. Such permit must be renewed every two years for continued
operation of the home occupation, but no additional fee or inspection
shall be required.
C.
Major home occupations shall be subject to approval
by the Board of Supervisors as a conditional use and shall meet all
of the following requirements:
(1)
Purpose. The purpose of the standards in this Subsection C is to provide opportunity for certain home occupation uses that do not comply fully with the criteria in § 170-119B for home occupations permitted by right, primarily due to the proposed employment of nonresidents and/or the nature of the proposed use. It is the intent of this Subsection C to assure that any home occupation is:
(3)
No exterior evidence of the activity in the form of
lighting, or the display, inventorying, or stockpiling of goods, shall
be visible. Any sign associated with a home occupation shall comply
with the standards in § 170-l35B(2)(a) of this chapter.
(4)
A home occupation approved under the terms of this Subsection C may be located only within a single-family detached dwelling or within an accessory building located on the same lot as a single-family detached dwelling.
(5)
Where a home occupation is conducted, in whole or
in part, within an accessory building on the property, the total floor
area devoted to the home occupation shall not exceed 25% of the floor
area of the single-family detached dwelling or 600 square feet, whichever
is less.
(6)
If the resident conducting the home occupation is
a tenant and not the owner of the property, the owner shall be party
to the application for conditional use approval.
[Amended 3-24-2008 by Ord. No. 03-2008]
(7)
No more than two nonresident employees shall be permitted.
However, where a home occupation is an office in the building trades
and similar fields, the business may have additional employees for
off-site activities, provided they are not employed on site, they
do not park on or near the property, and they do not normally visit
the property during the course of business.
(8)
Major home occupations shall be limited to those occupations
customarily conducted within a single-family detached dwelling or
a building accessory to a single-family detached dwelling. Major home
occupations shall include, but not be limited to, the following activities:
(a)
Medical, dental, or legal office.
(b)
Family child/adult day-care involving no more
than six children or adults unrelated to the operator, and provided
the following criteria are met:
[1]
The minimum size of the lot containing the day-care
facility shall be 25,000 square feet.
[2]
Passenger dropoff and pickup areas shall be
provided on site and arranged so that passengers are not required
to cross traffic lanes on or adjacent to the site and vehicles are
not required to back out onto the abutting street.
[3]
There shall be suitable outside activity/recreation
area which shall be buffered from all adjoining properties with screening
by evergreens, walls, fencing or other materials acceptable to the
Board of Supervisors. Any wall or fence shall not be constructed of
corrugated metal, corrugated fiberglass, woven chain link, or sheet
metal. Screening shall be arranged to block the ground level views
between grade and the height of six feet. Landscape screens shall
achieve this visual blockage within two years following installation.
(c)
Preparation of food or food products to be sold
or served off-site.
(d)
Other accessory uses that do not qualify as no-impact home occupations under the terms of § 170-119B but, in the determination of the Board of Supervisors, are considered to be of the same general character as the home occupations listed herein and meet all the requirements for major home occupations contained in this Subsection C.
(9)
The applicant shall demonstrate that adequate off-street
parking shall be provided for both the home occupation and the dwelling
unit. In no event shall the parking spaces provided be less than two
for the dwelling unit and one for each nonresident employee.
(10)
Retail sale of merchandise, supplies, or products
shall not be conducted on the property except for the following:
(a)
The sale of items that are clearly incidental
and subordinate to the conduct of the home occupation or items used
in the home occupation, such as the sale of beauty supplies used by
the proprietor, is permitted.
(b)
Orders previously made by telephone, internet,
appointment, or other prior contact may be filled at the site of the
home occupation. There shall be no direct sales of products from display
shelves or racks, but a person may pick up an order placed earlier
as described above.
(11)
Unless otherwise determined by the Board of
Supervisors, an approved home occupation may be conducted only during
the hours of 7:00 a.m. to 7:00 p.m.
(12)
Where the proposed home occupation will include nonresident employees, in accordance with the terms of this Subsection C, the Board of Supervisors may require appropriate documentation that the sewage facilities serving the property will be adequate to meet the wastewater treatment and disposal needs that will be generated on the property. Where such facilities cannot be provided, the Board may deny the request for special exception.
(13)
Prior to initiating the operation of a major
home occupation, the resident practitioner shall be required to obtain
a permit from the Township and pay a fee in an amount as established
by resolution of the Board of Supervisors. The Township shall conduct
an inspection of the premises as part of the review of the permit
application. Such permit must be renewed annually for continued operation
of the home occupation, and the Township may conduct an inspection,
as it deems necessary, in conjunction with the permit renewal process.
A.
Permitted uses:
(1)
Golf courses (public or private);
(2)
Swimming pools, public;
(3)
Tennis courts, public;
(4)
Nonprofit parks, playfields, play grounds, arboretums,
conservation areas and animal sanctuaries;
(5)
Country clubs;
(6)
Hunt clubs;
(8)
Picnic grove;
(9)
Foot, bridle and bicycle paths;
(10)
Similar uses characteristically identified with
open space such as, but not limited to, fishing, boating, skiing,
(except under artificial lighting) and camping (except motor homes,
travel trailers, mobile homes and similar camping units on wheels);
(11)
The following auxiliary uses to any of the above
shall be permitted in recreational land use but only sufficient to
service employees, members and guests:
(a)
Clubhouses including dining facilities;
(b)
Lockers;
(c)
Retail sale of equipment used in the recreational
activity involved.[2]
[2]
Editor’s Note: Former Subsection A(13), which listed
the housing of permitted uses in structures less than 7,500 square
feet as a permitted use, which immediately followed this subsection,
was repealed 6-28-2010 by Ord. No. 01-2010.
B.
Permitted as a conditional use:
(1)
[3]Campgrounds with overnight facilities for motor homes,
travel trailers and similar camping vehicles which do not exceed 35
feet in length and do not remain in excess of six months in any calendar
year.
[3]
Editor’s Note: Former Subsection B(1), which listed
the housing of permitted uses in structures in excess of 7,500 square
feet as a conditional use, was repealed 6-28-2010 by Ord. No. 01-2010.
This ordinance also provided for the redesignation of former Subsection
B(2) as Subsection B(1).
C.
The maximum building height shall be 30 feet.
D.
Area and coverage requirements are as follows:
[Amended 5-23-2005 by Ord. No. 7-05]
|
District
|
Area
(acres)
|
Width*
(feet)
|
Front
(feet)
|
Side
(feet)
|
Rear
(feet)
|
Impervious Coverage
|
|---|---|---|---|---|---|---|
|
RA-2
|
10
|
200
|
100
|
50
|
100
|
15%
|
|
R-1
|
2
|
100
|
50
|
50
|
50
|
15%
|
|
R-2
|
1
|
100
|
50
|
35
|
50
|
25%
|
|
Golf Course
|
50
|
500
|
200
|
50
|
100
|
10%
|
|
NOTE:
|
|---|
|
*Lot width at building line; lot width
at street must be 50 feet minimum in any district.
|
E.
Sufficient parking shall be provided so that no vehicles
park on the street right-of-way or impede the normal flow of traffic
and no parking is available within 15 feet of any lot line.
A.
Permitted uses:
(1)
Private, noncommercial swimming pools. They shall
be not less than 15 feet from any side or rear lot line nor nearer
to the front lot line than the minimum front yard setback for the
subject lot and shall be entirely enclosed with a permanent fence
of not less than four feet in height with a gate which can be locked.
(2)
Private garages, car ports and parking areas.
(3)
Private tennis court.
(4)
Greenhouse.
(5)
Garden or equipment shed for the storage of tools,
garden implements and gardening materials.
(6)
Customary farm buildings used for the storage, keeping
or repair of equipment, livestock, materials and produce in conjunction
with such farm's normal operations.
(7)
Roadside stands for the sale of farm products produced
principally on the property, provided that adequate and safe parking
is available so as not to interfere with normal traffic flows. Such
stands on lots of less than 10 acres shall be permitted only during
the harvest season of the product(s) sold. Such stands are not permitted
on lots of less than three acres.
(8)
Other accessory uses or structures provided they are
clearly incidental to the principal use.
B.
Area and height.
[Amended 10-9-2007 by Ord. No. 5-2007]
(1)
No accessory use or structure shall be located closer
than 15 feet to any rear or side lot line.
(2)
Where more stringent setback restrictions are specified
in specific districts, those restrictions shall apply.
(3)
No accessory structure shall be located in any minimum required front yard, other than a roadside stand for the sale of farm products, in accordance with § 170-121A(7), above.
(4)
Except as provided herein, no accessory structure
shall exceed 15 feet in height.
(a)
Exceptions shall include:
[2]
Accessory structures listed in § 170-121A(6), above.
[3]
An accessory structure with a height in excess
of 15 feet, where the structure is set back from any side and rear
lot line at least 1.75 additional feet farther than the minimum required
distance for each foot in height greater than 15 feet.
(b)
Maximum height of such structures shall be governed
by the maximum building height restrictions of this chapter.
A.
Rooming houses shall be permitted as indicated in the various districts, subject to the provisions set forth herein, all other relevant provisions of this chapter, Chapter 130, Subdivision and Land Development, and Chapter 72, Mobile Home Parks, as amended and supplemented, and all other statutes, regulations or guidelines promulgated by any jurisdiction over the structure in question including but not limited to the regulations of the Pennsylvania Department of Labor and Industry governing boarding homes, all of which are incorporated by reference herein and made a part thereof.
B.
Area and bulk regulations.
(1)
Minimum gross lot area: as required for a single-family
detached dwelling in the zoning district where permitted.
[Amended 10-8-2002; 5-23-2005 by Ord. No. 7-05]
(2)
Minimum net lot area: 45,000 square feet.
[Amended 10-8-2002]
(3)
Minimum lot width at the building line: 200 feet.
(4)
Minimum lot width at the street line: 100 feet.
(5)
Minimum building setback line: 100 feet.
(6)
Maximum impervious coverage: as required for a single-family
detached dwelling in the zoning district where permitted.
[Amended 5-23-2005 by Ord. No. 7-05]
(7)
Minimum side and rear yards: 50 feet.
(8)
Minimum habitable floor area per person: 350 feet.
C.
Design standards.
(1)
The facility shall conform to the Life Safety Code
for such facilities propounded by the United States Department of
Health, Education and Welfare.
(3)
Minimum habitable floor area shall be determined by
dividing the area available for human habitation within the walls
of the structure by the number of persons residing in the structure.
(4)
The facility shall be provided with a suitable recreational
area for the use of its residents.
(5)
The facility shall be provided with one off-street
parking space for each resident who is over 15 years of age.
D.
Administration.
(1)
Permits. Upon approval of an application for a rooming
house and the completion of construction thereof, the Zoning Officer
shall inspect the premises and determine whether it complies with
the provisions of the chapter and with the requirements of the decision
approval the use application. If the premises is in compliance, the
Zoning Officer shall issue a permit for a rooming house which permit
shall be effective for a period of one year from the date of its issuance.
(2)
Permit renewal. Prior to the expiration of each rooming
house permit, the Zoning Officer shall inspect, after 10 days' notice
to the owners, the premises to determine whether it complies with
the regulations and requirements mentioned above. If the facility
is in compliance the permit shall be renewed for a further period
of one year.
(3)
Reports. The owner of a rooming house shall furnish
the Township with such reports relating to the use and condition of
the facility, the number of persons residing therein as it may require
from time to time.
(4)
Failure to comply with use requirements. The Zoning
Officer shall investigate all assertions with respect to the owner's
failure to maintain the facility in accord with the provisions of
this chapter. The Zoning Officer shall make a written report of his
findings to the Board of Supervisors and to the owner. The owner shall
correct any condition reported by the Zoning Officer as not being
in compliance with this chapter or the Use Regulations within 30 days
from the date on which he receives the Zoning Officer's report. The
Zoning Officer shall revoke the appropriate permit for a rooming house
of any owner who fails to correct within 30 days, any condition which
does not comply with this chapter or use regulations.[2]
[2]
Editor's Note: Original Section 1507, Refuse
collection and disposal facilities regulations, which immediately
followed this subsection, was repealed 5-23-2005 by Ord. No. 7-05.
A.
The regulations for screening (§ 170-100) shall apply to all adjoining residential uses, recreational areas, and public rights-of-way.
B.
A six-foot fence that completely encloses the portion
of the property in which an open excavation or quarry is located shall
be provided and shall be so constructed as to have openings no larger
than six inches, and if pickets are used, the openings shall not exceed
six inches.
C.
No part of the open excavation or quarrying pit shall
be located closer than 500 feet to any residential use.
D.
No part of a quarrying or excavation operation shall
be closer than 100 feet to the right-of-way line of a public street.
Where both sides of the public street are in a quarry or excavation
operation in a single ownership, the required setback distance may
be reduced to 50 feet on each side of the right-of-way. In no case
shall an open excavation be closer than 100 feet to a public right-of-way.
E.
No part of the quarrying or excavating operation or
the fence shall be closer than 200 feet to a commercial district.
F.
No part of the quarrying or excavating operation or
the fence shall be closer than 100 feet to another industrial use.
G.
Where a quarry property abuts another quarry property
or an operating railroad's right-of-way, no part of the operation
shall be closer than 75 feet.
H.
All uses of land shall be conducted in a manner which
will not allow water to collect and permit stagnant water to remain
in quarries or excavations.
I.
A plan shall be submitted for the reuse of the land
after completion of the open pit mining operation. Such plan shall
accompany an application for a zoning permit and shall provide for
any restoration, reclamation, reforestation or other correction work
in accordance with the following standards:
(1)
The entire area disturbed by excavating, quarrying,
mining or other natural production use shall be planted in such a
manner so as to control soil erosion.
(2)
The entire area shall be graded wherever necessary
to provide for the conveyance of stormwater. Finished grade shall
not have a slope of less than 2% so as to provide for natural drainage.
(3)
Stockpiles, overburden, refuse, plant facilities or
equipment shall be removed immediately upon the termination of operations
and in no case shall such removal be delayed for more than six months.
(4)
Where screen planting and/or fencing has been provided,
the same shall remain where necessary for safety, and shall be continuously
maintained in good repair.
(5)
Within three years after the termination of the open
pit mining operation the above reclamation activities must be completed
as approved.
[Amended 7-8-2003 by Ord. No. 4-2003]
A.
Specific intent. In allowing opportunities for accessory
dwelling units within or in association with single-family detached
dwellings, it is the specific intent of this section to respond to
the temporary housing needs of resident families. In particular, the
Township seeks to balance the desires of extended families to provide
a discrete residence for a family member with the need to protect
the single-family residential character of the surrounding neighborhood.
B.
Eligibility. An accessory dwelling unit shall be a
permitted use in any agricultural or residential zoning district,
subject to the conditions set forth in this section and all other
applicable provisions of this chapter.
C.
General standards applicable to any accessory dwelling.
Any proposed accessory dwelling unit must be in compliance with the
following standards:
(1)
The purpose for establishing the accessory dwelling
unit shall be to meet the needs of a member or members of the family
of the owner-occupant of the principal single-family dwelling. One
of the two dwelling units shall be owner-occupied and the other dwelling
unit shall be occupied by a person or persons related by blood, adoption
and/or marriage to the owner-occupant.
(2)
The maximum number of occupants of any accessory dwelling
unit shall be two.
(3)
There shall not be more than one accessory dwelling
unit created on any lot.
(4)
Except where a community utility sewage system is
available, the applicant shall submit to the Township a permit for
an on-site sewage disposal system issued by the Chester County Health
Department, certifying that the sewage disposal facilities are adequate
to serve the projected number of residents of the accessory dwelling
unit and/or the accessory dwelling unit plus the principal dwelling
unit. Where an existing on-site system is found to be inadequate by
the Department to serve the projected demand, no approval shall be
given for the accessory dwelling unit until the system is improved
to meet Health Department requirements and a permit is issued by the
Department.
(5)
One off-street parking space shall be required for
the accessory dwelling unit, in addition to those utilized by the
principal dwelling. The additional parking space shall not be located
within any required yard area.
(6)
To ensure compliance with this chapter, an architectural
plan shall be submitted as part of a building permit application,
accurately drawn to scale, indicating the location and size of the
two dwelling units, parking areas, and any proposed exterior alterations.
D.
Additional standards for accessory dwellings contained
within a single-family detached dwelling.
(1)
The minimum size of an accessory dwelling shall be
300 square feet of gross habitable area and the maximum size shall
be 800 square feet of gross habitable area.
(2)
Attachment of a mobile home or travel trailer to an
existing structure shall not be a permissible addition for the purposes
of creating an accessory dwelling unit.
(3)
The accessory dwelling unit shall not be used for
profit or rental purposes.
E.
Additional standards for detached accessory dwellings.
(1)
To be eligible for an accessory dwelling in a separate
single-family detached dwelling, a property must be located in the
AP Agricultural Preservation District, must have a gross lot area
of not less than 10 acres, and must contain a principal single-family
detached dwelling to which the proposed second dwelling will be accessory.
(2)
Any newly constructed detached accessory dwelling
structure shall be located on the lot in compliance with all applicable
minimum setback and yard regulations for the AP District. Creation
of a separate, subdivided lot for the accessory dwelling unit shall
not occur.
(3)
The maximum size of the accessory dwelling shall be
1,200 square feet of gross habitable area.
[Added 3-22-2004 by Ord. No. A1-04]
In addition to the requirements in § 170-118 of this chapter, the following standards shall be applicable to the collection, processing, and resale or redistribution of spent compost off the site, i.e., where spent compost is not a by-product of mushroom production on the site but is brought to the site for temporary storage and processing and subsequent transport off the site, and not for the purpose of rejuvenation of the soil on the site.
A.
Such activity, when permitted as a conditional use
by the Board of Supervisors, shall be limited to the AB Agricultural
Business District.
B.
A gross lot area of not less than five acres shall
be required for such an operation.
C.
In considering an application for conditional use
approval, the Board shall require that the applicant provide a description
of the proposed operation and the means by which the commercial impacts
of the operation that are not customarily associated with agriculture
will be mitigated, particularly where the proposed site is adjacent
to land used or zoned for residential purposes. Such impacts may include,
but need not be limited to:
D.
Spent compost brought to the site shall be free of
trash or other foreign material, including but not limited to plastic
and burlap, and shall contain no sewage sludge or other component
not part of the mushroom substrate.
E.
Storage areas shall comply with all applicable regulations
governing the height and extent of the spent mushroom substrate material.
F.
The applicant shall submit documentation setting forth
the measures proposed to minimize odor, both on-site and leaving the
site.
[Added 3-22-2004 by Ord. No. A1-04]
In addition to the requirements in § 170-118 of this chapter, the following standards shall be applicable to any commercial composting operation, as defined by this chapter:
A.
Such activity, when permitted as a conditional use
by the Board of Supervisors, shall be limited to the AB Agricultural
Business District.
B.
A gross lot area of not less than five acres shall
be required for such an operation.
C.
Impervious coverage shall not exceed 40% of the gross
lot area.
D.
The applicant shall demonstrate how the requirements
of the Chester County Conservation District and/or the Pennsylvania
Department of Environmental Protection regarding leachate and compost
pad runoff are proposed to be met.
E.
All compost wharves shall be constructed of an acceptable
all-weather impervious surface.
F.
The applicant shall submit documentation setting forth
the measures proposed to minimize odor, both on-site and leaving the
site.
G.
The applicant shall plant or otherwise create a visually
attractive and fully opaque screen around the compost area. The screen
shall be properly located and maintained at whatever height and distance
the Board deems necessary to remove the compost area from view from
adjacent properties and roads.
[Added 5-23-2005 by Ord. No. 7-05]
A.
The purposes of these special design regulations include:
(1)
To help implement the Londonderry Township Comprehensive
Plan and the Octorara Regional Comprehensive Plan.
(2)
To regulate new development at commercial and business
properties that have frontage on Route 41 in accordance with Section
605, Classifications, of the Pennsylvania Municipalities Planning
Code[1] in terms of major thoroughfares and intersections, and
other places having a special character or use affecting and affected
by their surroundings.
[1]
Editor's Note: See 53 P.S. § 10605.
(3)
To control the development of higher intensity commercial,
business and industrial land uses in the Route 41 Corridor and to
minimize potential conflicts between nonresidential and residential
uses along the Route 41 Corridor.
(4)
To provide reasonable standards for the development
of buildings, structures and landscaping at small-scale commercial,
office, service, business and light industrial uses.
(5)
To discourage development of strip-type highway-oriented
commercial uses which result in incongruous architectural styles,
excessive paved areas, deep building setbacks, parking in front of
buildings, numerous curb cuts and large signs and attract large volumes
of vehicular traffic.
(6)
To encourage pedestrian and vehicular connections
between buildings, parking areas and sidewalks, and to encourage consolidation
and sharing of driveways, parking and curb cuts to provide more efficient,
economical and safe access and parking.
B.
Applicability. These special design regulations shall apply to all new development and to any change of use or expansion of existing development (except as otherwise provided for legal nonconforming uses and/or structures in Article XX of this chapter) for all properties that have frontage on Route 41 within the following districts:
C.
Uses that are not governed by these regulations in
the C, GC-I and AB Districts: All uses in the three underlying zoning
districts whenever the first/ground floor building footprint of any
individual building/use is less than 2,000 square feet in gross floor
area.
E.
Design standards for any individual building/use of
2,000 square feet up to 10,000 square feet on the first/ground floor.
(1)
The maximum building length shall be 200 feet.
(2)
The width of the facade of any new building which
exceeds 24 feet in width shall have vertical design elements such
as pilasters, columns, piers or recesses or projections of up to four
feet so that no new vertical bay or section of a building facade exceeds
24 continuous feet in width.
(3)
Building windows and openings shall constitute no
less than 30% of all walls on the first/ground floor where there is
a customer entrance.
(4)
No building shall have opaque windows on the first/ground
floor.
(5)
No principal building shall have a flat roof, unless
it has a parapet wall to screen all mechanical equipment from public
view along streets, sidewalks and public accessible parking areas.
(6)
The minimum building height shall be 20 feet.
F.
Design standards for buildings/uses containing a total
of 10,000 square feet up to but not exceeding 80,000 square feet on
the first/ground floor.
(1)
The maximum building length shall be 245 feet.
(2)
The width of the facade of any new building which
exceeds 32 feet in width shall have vertical design elements such
as pilasters, columns, piers or recesses or projections of up to four
feet so that no new vertical bay or section of a building facade exceeds
32 continuous feet in width.
(3)
Building windows and openings shall constitute no
less than 25% of all walls on the first/ground floor where there is
a customer entrance.
(4)
No building shall have opaque windows on the first/ground
floor.
(5)
No principal building shall have a flat roof, unless
it has a parapet wall to screen all mechanical equipment from public
view along streets, sidewalks and public accessible parking areas.
(6)
If one or more buildings are proposed that constitute
40,000 square feet or more on the first/ground floor, then separate
buildings shall be constructed such that no individual building under
one roof exceeds 40,000 square feet. Each separate building shall
be located at least 60 feet, but not more than 90 feet, from one another.
The space between buildings shall have twelve-foot-wide sidewalks
adjoining each building.
(7)
The minimum building height shall be 20 feet.
G.
Other design standards.
(1)
Preservation of existing buildings. Any new additions
to an existing building with historic significance shall be at the
rear of the property, including any fire escapes or similar features
not part of the original building. The existing style and character
of the front and side facades and rooflines of the original building
shall be retained, especially the porches, pent eaves, stoops and
other building entryways.
(2)
Compatibility of new buildings. New buildings shall
be graceful forms of infill development and shall reflect massing
rooflines and architectural details of existing historic and/or culturally
significant buildings along the Route 41 Corridor.
(3)
Parking placement. Parking shall be provided to the side and rear of buildings, except in cases where the location of lot lines, structures and like constraints require parking between the front of structures and the front lot line or if there is lawfully existing parking. In either case, parking shall be screened from view in accordance with the terms of § 170-100 of this chapter and shall be landscaped in accordance with the terms of § 130-64 of Chapter 130, Subdivision and Land Development.
(4)
Vehicular access management.
(a)
Curb cuts shall be minimized to reduce left
turns into properties off of Route 41.
(b)
Rear driveways and rear service drives shall
be built and maintained to the maximum extent possible to provide
for vehicular circulation along the rear of properties to further
minimize curb cuts that compromise traffic safety.
(5)
(7)
Signage. All signage within 50 feet of the residential
districts along Route 41 shall be reduced in size by 1/3 of the square
footage otherwise permitted.
(8)
Trash storage and other outdoor storage. All service and loading areas, dumpsters, outdoor storage areas and similar site elements shall be located in the rear of the property and shall be screened from view in accordance with a the terms of § 170-100 of this chapter.
(9)
Utilities. All new utilities shall be placed underground.
[Added 5-23-2005 by Ord. No. 7-05]
Where permitted under the terms of the applicable
zoning district as a use accessory to a residential use, small-scale
keeping of livestock shall be practiced only in accordance with the
terms of this section.
A.
Maximum gross lot area. Small-scale keeping of livestock
may be practiced in accordance with the terms of this section on lots
with a gross area of less than 10 acres. On properties of 10 acres
or more, the keeping of livestock shall be regulated as an agricultural
use under the terms of this chapter.
B.
Minimum lot area. Any lot on which small-scale keeping
of livestock is to be practiced shall have a minimum gross and net
lot area of one acre. Further, such lot shall contain a minimum of
one acre of land, exclusive of buildings and impervious surfaces,
for each animal unit that is housed or pastured on the lot. The land
designated as qualifying acreage for each animal unit shall be used
exclusively for the animal(s) of the small-scale livestock use proposed,
and such open area shall be covered and maintained entirely in natural
vegetation.
C.
Minimum setbacks from property lines. All buildings
and structures housing animals, and any buildings or structures accessory
or appurtenant to the small-scale livestock use, shall be located
a minimum of 35 feet from all property lines, or shall comply with
the setback required for the zoning district in which the property
is located, whichever is greater. A minimum setback of 100 feet shall
be provided between all property lines, existing street right-of-way
lines, any wetland or watercourse, and any area or structure used
for the storage of animal waste.
D.
Required fencing. All animals shall be kept within
a fenced enclosure at all times when said animals are not leashed,
haltered, or bridled and under the direct control of the owner or
an authorized agent of the owner of the animals. Such fencing shall
be located not less than five feet from any property line.
E.
Height limits. The height limits for residential buildings
in the zoning district in which the property is located shall apply
to all buildings and structures used for small-scale keeping of livestock
and not otherwise exempted.
F.
Wetlands and watercourses. No animal shall have direct
access to a jurisdictional wetland, watercourse, spring, or well on
the lot on which the small-scale livestock use is located. Stabilized
stream crossing areas designed and constructed as such shall be exempted
from this requirement.
G.
Outdoor storage. The provisions of this chapter governing
outdoor storage shall apply, except that animal bedding material may
be stored a minimum of 35 feet from any property line, existing street
right-of-way line, wetland, or watercourse.
H.
Nuisances. The small-scale keeping of livestock shall
not constitute a nuisance with regard to noise, odor, vectors, dust,
vibration, running-at-large, or other nuisance effects beyond the
property lines of the property on which the use is located.
[Added 5-23-2005 by Ord. No. 7-05]
The raising or keeping of small animals on lots
of less than 10 acres shall be permitted as a use accessory to a residential
use, provided the following standards are met:
A.
"Small animals" refers to those normally kept in a
hutch or animal house, including but not limited to rabbits, chickens,
ducks, and turkeys.
B.
Any lot on which the raising or keeping of small animals
is to be practiced shall have a minimum gross and net lot area of
one acre.
C.
The total number of small animals shall not exceed
one per each 1/10 acre of lot area.
D.
Fencing shall be installed, and shall be located not
less than five feet from any property line.
E.
Household pets which generally are kept within a dwelling unit, including but not limited to dogs, cats, hamsters, and birds, shall not exceed 10 such animals on the property, but in no case more than four dogs. The keeping of such household pets shall not be subject to the terms of Subsections A to D, above.
F.
Where dogs are being bred and raised commercially
for resale, and/or commercially boarded for another owner, such operation
shall be considered a kennel, as defined and regulated by this chapter.
[Added 5-23-2005 by Ord. No. 7-05]
A.
A kennel shall comply with the area and bulk regulations in § 170-19C of this chapter that are applicable to a veterinary clinic, except as otherwise required herein.
B.
All applicable federal and state regulations shall
be complied with. Copies of all required licenses and permits shall
be provided to the Township.
C.
Kennels contained in a completely enclosed building
shall be soundproofed. Such building shall not be located closer than
150 feet from all lot lines and street right-of-way lines.
D.
Kennel structures that are not contained in a completely
enclosed building shall be a minimum of 300 feet from any street or
lot line.
E.
Animal boarding buildings that are not completely
enclosed, and any outdoor animal pens, stalls, or runways, shall be
located only within the rear yard.
F.
Outdoor running areas shall be fenced in a manner
that restricts access and provides for a full enclosure.
G.
The applicant shall provide a plan for the disposal
of animal wastes generated by the operation.
H.
The owner and/or operator of the kennel shall be responsible
to exercise suitable control over the animals and shall not allow
a nuisance condition to be created in terms of excessive noise, dirt,
or odor.
I.
The applicant shall provide the Board of Supervisors
with a plan for the disposal of animals that perish while on the property,
either by controlled incineration or removal from the premises in
a sanitary manner within 24 hours of their death.
J.
All animals shall be housed in an enclosed all-weather
protective structure between the hours of 8:00 p.m. and 7:00 a.m.
[Added 9-25-2006 by Ord. No. 2-06]
A.
No person shall temporarily or permanently reside
within a structure for religious worship. Religious quarters associated
with a place of religious worship shall be within a separate structure
that meets all lot, setback, and building requirements for the structure
as a separate use.
B.
In any zoning district in which a place of religious
worship is permitted, the minimum net lot area shall be two acres
and the minimum lot width shall be 200 feet.
C.
Side yard and rear yard setbacks of not less than
50 feet shall be provided on any property.
D.
Off-street parking facilities shall be located not
less than 25 feet from the street right-of-way line and from the side
and rear property lines. The Board may require additional screening
of any parking facility, if it is determined necessary.
E.
A maximum of 60% of the lot area may be covered by
impervious surface.
F.
Related educational or day-care facilities:
(1)
Where educational facilities and programs are
offered below the college level, the applicant shall include a plan
for outdoor recreation that is acceptable to the Board. Such plan
shall include appropriate screening and buffering from adjacent residential
properties.
(2)
Student and child drop-off areas shall be designed
to eliminate the need to cross traffic lanes within or adjacent to
the site.
(3)
The applicant shall provide a parking plan which
demonstrates that the proposed parking facilities are sufficient for
the intended use and in compliance with the terms of this chapter.
[Added 9-25-2006 by Ord. No. 2-06]
A.
The following standards shall apply to any commercial
cemetery or cemetery that is accessory to a place of religious worship,
but shall not be applicable to a private family cemetery that is a
use accessory to a dwelling or an agricultural property.
B.
A minimum net lot area of 10 acres shall be provided
for any commercial cemetery.
C.
The application for a zoning permit shall be accompanied
by an informal sketch landscape plan, including narrative, that indicates
the general landscape design intended, approximate type and amount
of vegetation to be installed, etc.
D.
In addition to the installation of landscape material,
natural buffer areas shall be retained to the greatest degree feasible
to mitigate impacts to scenic landscape qualities and water recharge
capacity. Use of plant material in lieu of fencing is encouraged to
provide privacy, screening, and access control.
E.
The applicant shall provide sufficient hydrologic
and other information to satisfy the Zoning Hearing Board that potential
for groundwater contamination from development of burial grounds shall
not be hazardous to any neighboring water supply wells. As a condition
of approval, the Board may require the installation of a monitoring
well(s) where potential hazard to a neighboring well(s) is suspected.
F.
No burial ground or plot or any structure related
to the cemetery operation shall be located within:
G.
In no case shall any structure, burial ground, or
burial plot be located within a one-hundred-year floodplain.
I.
The placement of burial vaults within burial ground
areas shall comply with the following standards:
(1)
Multiple burial vaults may be placed in a single
plot (i.e., one above the other).
(2)
No vault shall be located less than three feet
beneath the ground surface after development, except where completely
enclosed within a mausoleum.
(3)
No vault shall be located where, at its greatest
depth below the ground surface, it may intrude upon the seasonal high
water table.
(4)
In order to provide for adequate percolation
of groundwater, all burial vaults shall be placed such that minimum
horizontal separation between vaults is no less than two feet. This
provision shall not apply to burial vaults completely enclosed within
a mausoleum.
[Added 5-12-2009 by Ord. No. 03-2009]
Where permitted under the terms of the applicable
zoning district as a conditional use, a public, private or trade school
shall comply with the applicable terms of this section.
A.
Public or private school.
(1)
The minimum net lot area for development or
expansion of any such use, where permitted as a conditional use, shall
be five acres, plus one acre per each 100 pupils for which the facility
is designed.
(2)
Maximum impervious surface coverage of the lot
shall be 40%.
(3)
Maximum floor area ratio: 40% of the gross area
of the tract.
(4)
Maximum building coverage: 15% of the gross
area of the tract.
(5)
Minimum vegetative cover: 50% of the gross area
of the tract.
(6)
Minimum distance between principal buildings
on the tract: 40 feet.
(7)
Within the tract, a separate pedestrian walkway
system shall be required to provide for general pedestrian movement
among buildings, parking areas and, as appropriate, recreation and
open space areas. Such walkways shall be buffered from vehicular traffic
through landscaping and/or berms.
(8)
Where applicable, every effort shall be made
to retain and utilize existing vegetation for screening purposes.
(9)
Any building shall be set back at least 100
feet from the lot line of any residentially zoned land, land in the
AP District or any existing dwelling unit.
(10)
Off-street parking areas shall not be utilized
as recreation areas, and recreation areas shall not be located within
the front yard and must be set back at least 25 feet from all other
lot lines. Except where separated by a minimum of 300 feet, outdoor
recreation areas shall be screened from adjoining residentially zoned
properties and properties in agricultural or residential use by means
of fences, plantings or decorative enclosures sufficient to screen
activities from adjacent lots. Any vegetative materials located within
the recreation area shall be nonharmful (i.e., not thorny, poisonous,
allergenic, etc.).
(11)
All applicable federal, state and Octorara Area
School District standards and regulations for structures, ground and
operations shall be met. Copies of any required licenses and permits
shall be provided to the Township.
(12)
Where on-lot subsurface sewage disposal systems
are proposed, a replacement seepage bed area tested as suitable shall
be designated and preserved for that use.
(13)
For any school with an enrollment of 50 or more students, the applicant shall provide a traffic impact study for the proposed use. The traffic impact study shall be prepared in accordance with the requirements stated in § 130-40 of the Township Subdivision and Land Development Ordinance.
(14)
Enrollment, for the purposes of this section,
shall be defined as the largest number of students on the site at
any one time during a seven-day time period.
B.
Trade school.
(1)
Maximum building coverage shall be 30% and maximum
impervious surface shall be 60%.
(2)
A copy of any required federal, state or county
permit or license shall be provided to the Township.
(3)
Buffer yards and screening to protect adjacent
residential uses may be required.
(4)
Minimum lot size, area and bulk requirements,
and any other applicable dimensional and design standards, shall be
as contained in the applicable zoning district.
[Added 6-28-2010 by Ord. No. 01-2010]
Commercial equine activity shall be permitted where specifically
authorized as a conditional use under the terms of this chapter and
in accordance with the terms of this section.
A.
B.
The minimum net tract area shall be 25 acres.
C.
The maximum permissible number of stalls associated with a commercial
equine activity shall be determined on the basis of one stall per
acre of satisfactory grazing area on the tract.
D.
The maximum building coverage for an indoor riding facility shall
be 20,000 square feet.
F.
No
indoor riding facility, stable, or outdoor location for equine competitions
shall be located within 150 feet of the side or rear lot line where
the principal use of the adjacent property is residential.
G.
Outdoor
equine activities shall be limited to the period between 7:00 a.m.
and 8:00 p.m. and shall be conducted in accordance with the standards
of this section and other applicable standards of this chapter.
H.
Evening
use of an indoor riding facility is permissible, provided that no
light associated with the activity is discernible at the property
line and beyond. No additional exterior lighting beyond normal security
purposes shall be permitted.
I.
No noise associated with a commercial equine activity shall be discernible
at the property line and beyond.
J.
Off-street parking.
(1)
Off-street parking areas shall be provided with sufficient capacity
to accommodate the demand for parking that will be generated by the
proposed use. The applicant shall identify the locations and capacities
of areas on the site that are designated for off-street parking and
shall demonstrate how such parking areas can accommodate the number
and type of vehicles that are proposed to occupy the site during periods
of highest-intensity demand for parking. The Board of Supervisors
shall determine the adequacy of the proposed parking and may condition
any approval on the provision of more off-street parking than is proposed
by the applicant.
(2)
In no case shall on-street parking or parking on road shoulders
be permitted.
(3)
No off-street parking area that is proposed to serve a commercial
equine activity may be located in any front yard. No such parking
areas shall be located within 150 feet of the side or rear lot line
where the principal use of the adjacent property is residential.
(4)
Access to the site shall be configured in full compliance with the terms of § 170-102 of this chapter so as to prevent blockage of vehicle access to the site or backing of vehicles onto a street.
(5)
The design and location of such parking areas shall be in compliance with the applicable standards of § 170-110 of this chapter. Except where specifically required by the Board of Supervisors, however, it shall not be necessary for parking areas to have an all-weather paved surface or to have curbs, bumper guards, walls, interior landscaping, or lined or marked spaces.
(6)
There shall be one off-street parking space required for each
potential occupant of a commercial equine quarters.
[Added 12-27-2018 by Ord.
No. 02-2018]
K.
Screening to reduce or eliminate the visibility, at the property
line and beyond, of lighting, structures, or outdoor activities may
be required as part of the review of an application for land development
approval under the terms of the Londonderry Township Subdivision and
Land Development Ordinance.[1]
[Amended 1-25-2016 by Ord. No. 01-2016]
L.
The applicant for a commercial equine activity shall submit a land development plan under the terms of Chapter 130, the Londonderry Township Subdivision and Land Development Ordinance. As part of that plan, the applicant shall demonstrate compliance with all relevant portions of Chapter 125, the Londonderry Township Stormwater Management Ordinance, and Chapter 38, the Londonderry Township Erosion and Sedimentation Control Ordinance, including potential impacts from the extensive amount of area under roof and the potential increase in soil compaction from equine activity and vehicles.
M.
Manure handling shall comply with all applicable regulations of Chester
County and the Commonwealth of Pennsylvania.
(1)
The design of any manure storage facility shall be reviewed
by the Chester County Conservation District. The applicant shall furnish
a letter from the Chester County Conservation District documenting
approval of the design of the facility.
(2)
Construction and subsequent operation of the manure storage
facility shall be in accordance with the design approved by the Chester
County Conservation District.
N.
The applicant shall demonstrate that the proposed location of an
indoor riding facility, including associated stables, is sufficiently
level to avoid extensive earthmoving. Construction of the structure
shall not require removal of any area of woodland, as designated in
the Londonderry Township Comprehensive Plan.
O.
Where a commercial equine activity will include horse shows or similar
competitions, the Board may impose reasonable conditions on the operation
of such activities where it deems such conditions necessary to mitigate
potential off-site impacts. Such conditions include, but are not limited
to, the following aspects of the proposed operation:
(1)
Number of shows/competitions per year and/or number of outdoor
shows/competitions per year;
(2)
Number of shows/competitions per weekend and/or per month and
the months of the year during which such shows/competitions are permitted;
(3)
Hours during the day when shows/competitions are permitted;
(4)
Hours during weekdays when group riding lessons are permitted;
(5)
Hours during the evening when indoor shows/competitions are
permitted; and
(6)
Number, type and location of on-site vendors.
P.
Commercial equine quarters shall comply with the following standards:
[Added 12-27-2018 by Ord.
No. 02-2018]
(1)
Commercial equine quarters shall be a use accessory to a commercial
equine activity, and shall be incidental and subordinate to that principal
use.
(2)
The occupants of the commercial equine quarters shall be limited
to trainers, instructors, employees, grooms, and students of the commercial
equine activity.
(3)
The occupants of commercial equine quarters may share common
cooking and sanitary facilities.
(4)
The maximum number of occupants of commercial equine quarters
at any one time shall be eight.
(5)
The lot on which the commercial equine quarters is located must
have a lot area of not less than 10 acres.
(6)
Where a lot containing equine quarters is less than 20 acres,
its principal use shall be part of and in support of a commercial
equine activity on an immediately adjacent tract or on a tract that
is within 1,000 feet of the commercial equine activity. The two properties
shall be subject to a declaration of merger of use, the documentation
of which shall be subject to review by and approval of the Township
Solicitor and shall be recorded at the Chester County Recorder of
Deeds. The two lots must be in common ownership or with affiliated
owners who both agree to use the two parcels for the same use.
(7)
The commercial equine quarters shall have direct access to the
outdoors or to a hall from which there is direct access to the outdoors.
(8)
The commercial equine quarters shall be separated by a fire
wall from the remainder of the building or structure if it is used
for other uses associated with the commercial equine activity, and
sprinklers shall be installed in the commercial equine quarters.
(9)
The applicant shall submit to the Township evidence that the
sewage disposal facilities are properly permitted and adequate to
serve the projected number of occupants of the commercial equine quarters.
(10)
Parking for the commercial equine quarters shall comply with the regulations set forth in § 170-130.4J(6) of the Zoning Ordinance.
(11)
A plan shall be submitted to the Township demonstrating that
the commercial equine quarters are located on the lot in compliance
with all applicable regulations for the AP Zoning District and the
standards set forth in this section.
[Added 1-3-2011 by Ord. No. 01-2011]
A.
Statement of intent. It is the purpose of this section to provide
for the regulation of logging operations to ensure:
(1)
That long-term production of forest crops and benefits is encouraged;
(2)
That the right to harvest trees is exercised with due regard
for the protection of the physical property of adjacent landowners;
(3)
That the potential for negative environmental impacts resulting
from improper logging operations is minimized and sound forest stewardship
is practiced; and
(4)
That unreasonable and unnecessary restrictions on the right
to undertake logging operations are avoided.
B.
Scope and applicability.
(1)
The provisions and requirements of this section shall apply
to any logging operation, as defined by this chapter, where the harvest
area in which the logging operation will occur occupies one acre or
more of woodland within Londonderry Township.
(2)
A zoning permit in accordance with the terms of this section
shall be required for all logging operations, except as noted in Subsection
(B)(4), below.
(3)
It is not the intent of this section to regulate timber harvest
for home use, normal property maintenance and upkeep, or in conjunction
with any land use change requiring Township approval and/or a building
permit.
(4)
The following operations are specifically exempt from the requirement
to obtain a zoning permit:
(a)
Removal of diseased trees;
(b)
Removal of trees that are in such a condition or physical location
as to constitute a danger to the occupants of a property or the structures
thereon, or to a public right-of-way;
(c)
Christmas tree farming;
(d)
Orchard operations;
(e)
Removal of nursery stock; or
(f)
Pruning or removal of trees within the right-of-way by a utility
company for maintenance of utility wires or pipelines and the pruning
of trees within sight easements.
(5)
Mature trees may be removed for the purpose of timber stand
improvement where the harvested trees are not part of a commercial
sale.
(b)
Issuance of a zoning permit for such removal shall, in part,
be based on, and in accordance with, a forest management plan prepared
by a professional forester, forest technician, or similar professional
acceptable to the Township. The Zoning Officer may, as he deems necessary,
obtain the services of a forest professional to review and comment
upon the proposed timber stand improvement. Any consultant costs incurred
by the Township in the review of such plan shall be paid by the applicant.
(c)
Approval by the Township of timber stand improvement shall be
required for any property within the Township, including properties
less than one acre.
(6)
Removal of any mature tree located within a forested interior
area, as documented on Map 5-4, Woodland Classification, in the Londonderry
Township Comprehensive Plan (2007), for any purpose shall require
a zoning permit. The reason for such proposed removal shall be documented
by a professional forester, forest technician, or similar professional
acceptable to the Township. The Zoning Officer may, as he deems necessary,
obtain the services of a forest professional to review and comment
upon the proposed tree removal. Any costs incurred by the Township
for the professional review of such documentation shall be paid by
the applicant.
C.
Responsibility.
(1)
It shall be the responsibility of each landowner on whose land
a logging operation is to be carried out to develop or have developed
a written forestry/logging plan, in form and content as specified
by this section, and to submit such plan to the Zoning Officer as
part of the application for a zoning permit. The plan shall be submitted
not less than 45 days prior to the intended start of the logging operation;
the Township shall complete its review and decision on the plan within
30 days of receiving it.
(2)
The Township may, as it deems necessary, obtain the services
of a forest professional to review and comment upon the forestry/logging
plan. Any costs incurred by the Township for the professional review
of the plan shall be paid by the applicant.
(3)
No logging operation shall occur until the forestry/logging
plan has been reviewed and approved by the Township. It shall be the
joint responsibility of the landowner and the operator to see that
the provisions of the approved Forestry/Logging plan are carried out.
The plan shall be available at the harvest site at all times during
the logging operation and shall be provided to the Zoning Officer
upon request.
(4)
For any logging operation, the landowner shall notify the Zoning
Officer at least 10 business days prior to commencement of the operation
and within five business days of completion of the operation. Notification
shall be in writing and shall specify the land on which the operation
will occur and the anticipated starting or completion dates of the
operation.
D.
Preparation and content of forestry/logging plan.
(1)
Each Forestry/Logging plan for a logging operation within Londonderry
Township shall be prepared by a professional forester, forest technician,
or similar professional acceptable to the Township.
(2)
Any logging plan shall, at minimum, include the following:
(a)
Property description, including location and brief description
of each stand on the property;
(b)
Goals and objectives of the logging operation;
(c)
A narrative stand analysis describing stocking, species composition,
and average diameter of stand;
(d)
Narrative description of the residual stand; and
(e)
The following appendices:
[1]
Proof of current general liability and/or worker's
compensation insurance;
[2]
Copy of erosion and sedimentation control plan
with a letter of adequacy from the Chester County Conservation District,
including all associated permits and reports, as applicable; and
[3]
Copy of a PennDOT highway occupancy permit or a
Londonderry Township driveway permit for temporary access, and any
other required government agency permits, as applicable.
(f)
A site map containing the following information:
[1]
Site location and boundaries, including both the
boundaries of the property on which the logging operation will take
place and the boundaries of the proposed harvest area within the property;
[2]
Location of all earth disturbance activities such
as roads, landings, and water control measures and structures;
[3]
Location of all proposed crossings of watercourses;
[4]
The general location of the proposed operation
in relation to Township and state roads, including proposed access
to those roads; and
[5]
Topography and soils of the property and harvest
site. Any area with slope 15% or greater shall be indicated, and may
be based on area delineated as such on United States Geological Survey
Topographic Maps.
(g)
Demonstration of compliance with all applicable state laws and
regulations, including but not limited to:
[1]
Erosion and sedimentation control regulations contained
in 25 Pa. Code § 102.1 et seq., promulgated pursuant to
the Clean Streams Law, 35 P.S. §§ 691.5 and 691.402;
[2]
Stream crossing and wetland protection regulations
contained in 25 Pa. Code § 105.1 et seq., promulgated pursuant
to the Dam Safety and Encroachments Act, 32 P.S. §§ 693.5,
693.7, 693.10, 693.11 and 693.17; and
[3]
Stormwater management plans and regulations issued
pursuant to the Stormwater Management Act 32 P.S. § 680.1,
et seq.
(h)
Demonstration of compliance with all applicable federal laws
and regulations, including but not limited to the best management
practices (BMPs) as set forth at 33 C.F.R. § 323.4(a)(6)(i-xv).
(i)
The plan shall propose appropriate measures for the retention
of sufficient numbers of younger, healthy trees. The plan shall be
consistent with accepted forest management practices including, but
not limited to, the use of deer fencing and herbicides. The plan also
shall address appropriate measures to use and/or dispose of downed
trees and other slash.
(j)
Where a logging operation is proposed on land with a slope of
15% or greater, the plan shall identify those trees that are proposed
for harvesting as part of the logging operation.
E.
Forestry practices in relation to logging operations. The following
requirements shall apply to all logging operations:
(1)
Felling or skidding on or across any public road is prohibited
without the express written consent of the Township or the Pennsylvania
Department of Transportation, whichever party is responsible for maintenance
of the road. The Board of Supervisors may require financial security
to insure the quality and integrity of the public roads as existed
prior to use by any applicant. The Township Engineer shall review
the then-condition of the public roads and scope of requested use
and types of vehicles/equipment accessing the public roads. The Board
may approve or create the format and content of the financial security
agreement/security by resolution.
(2)
For all logging operations located within 50 feet of a property
line or a public road right-of-way, or on land with slope in excess
of 15%, a minimum of 70% of the forest canopy trees shall remain in
good condition after the completion of any logging operation. Remaining
forest canopy trees shall be well distributed throughout the area
subject to the logging operation.
(3)
No tops, slash, or wood chips shall be left within 25 feet of
any public road or any property line.
(4)
All tops, slash, and wood chips located between 25 feet and
50 feet of a public road or property line shall be lopped to a maximum
height of four feet above the surface of the ground.
(5)
No tree shall be felled across a property line, and no tops
or slash shall be left on or across any property line without the
consent of the adjoining landowner.
(6)
Litter resulting from any logging operation shall be cleaned
up and removed from the site before it is vacated by the applicant.
(7)
The applicant shall execute a performance guarantee agreement
requiring the applicant to maintain, repair, and/or replace any public
road permitted for use under this section. The applicant must provide
financial security to insure compliance with this requirement. The
financial security may consist of a funded escrow account or letter
of credit, subject to the review and approval of the Township Solicitor.
The Township Engineer may inspect the public road and require additional
financial security in the event the Township Engineer determines the
then amount of financial security is insufficient to maintain and/or
restore the public road. The applicant must cease use of and/or access
to the public road upon the Township's written notice that such damage
and/or potential damage exists and/or the applicant fails to provide
adequate financial security, which the Township Engineer then determines
is inadequate. The applicant agrees to pay and provide sufficient
financial security to insure payment of all inspections and/or professional
consultant fees necessary for the inspection and/or enforcement of
the agreement.
(8)
Upon completion of the logging operation, the applicant shall
notify the Township Engineer, who shall be authorized to inspect the
completed logging site and the roads within the Township used for
the logging operation. Based upon the inspection, the Township Engineer
shall either recommend release of the performance guarantee by the
Board of Supervisors or shall document actions that must be taken
by the applicant at the site and/or on the roads prior to release
of the performance guarantee.
(9)
In no case shall a clear-cutting operation be permitted.
(10)
No logging operation shall be permitted in any flood plain or
riparian buffer area.
[Added 1-23-2012 by Ord. No. 01-2012]
A.
Statement of intent. It is the intent of this section to allow for
the safe use of solar energy systems within the Township while providing
simple guidelines to minimize any negative impacts on residents or
properties throughout the Township. These may include, but are not
limited to, matters of public safety, glare, and stormwater. The requirements
of this section are not intended to hinder the ability of citizens
to supplement their energy supply through the proper use of solar
energy systems. This section also establishes standards for the safe
and appropriate operation of solar farms.
B.
The following development and design standards shall be applied to
the construction and installation of any solar energy system:
(1)
Solar energy systems are permitted in all zoning districts as
an accessory use.
(2)
A building permit is required for the installation of any solar
energy system.
(3)
Energy produced by a solar energy system shall be primarily
for personal use on the property where the system is located. Energy
produced in excess of personal needs on the property may be sold to
a local electric provider, but only as an ancillary and secondary
result of the solar energy system.
(4)
The local electrical distribution utility company shall be contacted
concerning the connection of a system to the grid and to address any
further issues. The applicant shall provide written proof to the Township
as part of the permit application that the local electrical distribution
utility company was contacted and informed of the applicant's intent
to install a solar energy system. Contacting the local electric company
is not necessary for off-grid systems.
(5)
Advertising on solar energy systems, other than reasonable identification
of manufacturer and operator, is prohibited. This includes any signage,
streamers, ribbons, flags, banners, or similar materials, but does
not include the posting of appropriate warning signs.
(6)
All solar energy systems must be professionally constructed
and professionally installed. Solar energy systems shall be certified
by Underwriters Laboratories, Inc., and the National Renewable Energy
Laboratory, the Solar Rating and Certification Corporation, or other
certifying agency determined acceptable by the Township. The Township
reserves the right to deny a building permit for proposed solar energy
systems deemed to have inadequate certification.
(7)
A solar energy system may be placed on the roof (roof mounted)
or on the ground (ground mounted).
(8)
Additional standards for roof-mounted solar energy systems.
(a)
A roof-mounted solar energy system may be mounted on a principle
or accessory building. The system shall in no place hang off or extend
beyond the edge of the roof. For sloped roofs, the system shall not
extend higher than the current peak of the roof. For flat roofs, the
system shall not extend higher than five feet vertically above the
roof and shall not be higher than the maximum allowable height for
buildings in the applicable zoning district. The system shall not
be placed on a front roof unless the Zoning Officer determines that
this represents the only feasible location where a solar energy system
would be functional.
(b)
An application for any roof-mounted solar energy system with
a pitch different than the roof (not flush mounted) must, as part
of the building permit application, submit justification for the proposed
design and demonstrate how the design will accommodate potential impacts
from snow and wind; and how any potential off-site impacts from glare
will be mitigated. Such documentation shall be prepared by a professional
or professionals acceptable to the Township.
(c)
For any proposed roof-mounted solar energy system, the building
permit application shall include certification of its structural integrity,
prepared by a professional or professionals acceptable to the Township.
(d)
For roof-mounted systems, an effort shall be made to make the
wiring and hardware blend in with the roof and building facade.
(9)
Additional standards for ground-mounted solar energy systems.
(a)
A ground-mounted solar energy system shall comply with the same
setback requirements as an accessory building in the applicable zoning
district. The system shall not be taller than 15 feet.
(b)
A ground-mounted solar energy system shall not be located in
a front yard.
(c)
Where a ground-mounted solar energy system is proposed to be
located in a residential zoning district and/or adjacent to a residential
use, such system shall be screened from view from neighboring properties
to prevent the impact of glare on such properties. Screening may be
accomplished by vegetation, fences, or walls in accordance with the
terms of this chapter.
(d)
All wiring for ground-mounted solar energy systems carrying
electric current shall, to the maximum extent practicable, be buried
underground to ensure safety. All wiring shall comply with the appropriate
version of the National Electric Code.
(e)
The surface area of a ground-mounted solar energy system shall
be considered impervious surface and subject to the applicable terms
of this chapter.
C.
Passive solar energy systems installed during the construction of
a building that do not include solar panels are not subject to the
terms of this section. If improvements are being made to a building
to increase its use of passive solar energy, a building permit may
be required.
D.
Solar energy systems installed prior to enactment of this section
are not required to comply with the terms of this section. However,
any expansion of these systems at any point shall then require the
updated system to be in compliance with this section.
E.
The following standards shall be applied to the installation and
construction of any solar farm:
(1)
A solar farm shall be permitted as a principal use in the AP
Agricultural Preservation and RA-2 Residential Agricultural zoning
districts when approved as a conditional use by the Board of Supervisors
in accordance with the terms of this chapter.
(2)
A solar farm may be permitted on any Township-owned property
at the sole discretion of the Board of Supervisors.
(3)
A solar farm shall comply with the minimum net lot area, minimum
setback, and maximum impervious surface coverage requirements for
a single-family detached dwelling in the applicable zoning district.
(4)
A security fence of at least eight feet in height must enclose
the perimeter of any solar farm site.
(5)
All appropriate warning signage and signage identifying operators
shall be clearly posted at the site.
(6)
All wiring and on-site power lines shall be placed underground,
to the maximum extent practicable. Any wiring carrying live current
that is above ground shall be clearly labeled as such.
(7)
The following shall be included in any application for conditional
use approval:
(a)
A descriptive plot plan that includes setbacks, property lines,
roads/rights-of-way, buildings, number of solar panels, solar panel
size, and impervious surface coverage calculation.
(b)
An application for a solar farm that is to be connected to the
electric grid may not be approved until written evidence is provided
to the Township showing a written notice has been provided to the
local electrical distribution utility company notifying them of the
applicant's intentions to build an interconnected customer-owned solar
farm.
(c)
If the applicant is not the property owner, an affidavit or
other satisfactory evidence of agreement between the applicant and
property owner confirming that the former has the permission to apply
for conditional use approval is required.
(d)
The applicant shall provide any other relevant studies, reports,
or approvals as may be reasonably requested by the Township.
(e)
A decommissioning plan, detailing the expected duration of the
solar farm and how the facility will be deconstructed once it is no
longer in use, shall accompany the application.
(f)
Solar panels shall be placed such that concentrated solar radiation
or glare shall not be directed onto nearby properties or roadways.
The Township may require the applicant to submit a glare study in
sufficient detail to demonstrate that this standard can be met.
(g)
A solar farm shall be sited in such a way that it presents no
threat to traffic or to public health and safety.
(8)
If any solar farm has stopped operating for longer than one
year, the Township may require that the facility be decommissioned
at the owner's expense. A bond or other surety, satisfactory to the
Township, shall be provided to cover the anticipated cost of deconstruction
of the solar farm.
[Added 1-23-2012 by Ord. No. 02-2012]
A.
Statement of intent. The intent of this section is to allow for the
safe installation and use of wind energy conversion systems (WECS)
for residents and businesses in Londonderry Township. Large-scale
industrial wind farms are not considered suitable in Londonderry Township;
certain locations in the Township, however, may have the potential
for enough wind power to make smaller systems useful. This section
seeks to address the safety and aesthetic issues associated with wind
energy conversion systems, so as to integrate any systems into the
community responsibly. It is intended to preserve and protect public
health and safety without significantly increasing the cost or decreasing
the efficiency of wind energy conversion systems.
B.
The following development and design standards shall be applied to
the construction and installation of all WECS:
(1)
The design of the wind energy conversion system shall conform
to applicable industry standards, including those of the American
National Standards Institute. The applicant shall submit certificates
of design compliance obtained by the equipment manufacturers from
Underwriters Laboratories, Det Norske Veritas, Germanishcer Lloyd
Wind Energies, or other similar certifying organizations.
(3)
All electrical components of the wind energy conversion system
shall conform to relevant and applicable Township, state and national
codes, and relevant and applicable international standards.
(4)
The maximum height, as defined by this chapter, of a wind energy
system structure, including all moving and rotating parts, shall be
72 feet. If a device is attached to an existing structure, then the
maximum height of the attached wind energy device shall not exceed
72 feet, including the height of the existing structure. No wind turbine
blade in any position shall be less than 12 feet from the ground surface.
(5)
No wind energy conversion system shall be installed until the
Township is given proof that the local electric company is aware that
a customer intends to install an interconnected, customer-owned generator.
If the system is not connected to the grid, it is exempt from this
requirement.
(6)
All wind turbines shall be painted a nonreflective, neutral
color.
(7)
No advertising, streamers, flags, or other objects shall be
attached to the wind turbines or other parts of the wind energy conversion
system, except for required warning signs, identification of the owner,
or objects specifically allowed in this chapter.
(8)
Unless required by the Federal Aviation Administration or other
authorized body, wind energy conversion systems shall not be illuminated.
(9)
On-site transmission and power lines shall, to the maximum extent
practicable, be placed underground.
(10)
Noise associated with any WECS shall meet the standard contained in § 170-105K of this chapter.
(11)
Where permitted, a wind turbine shall be located in side or
rear yards only.
(12)
A WECS shall be a monopole structure and shall be installed
without the use of guy wires or supports other than the foundation.
(13)
The owner or operator of any WECS shall be responsible for conducting
an annual inspection of the WECS with regard to its structural integrity,
safety, potential impacts on neighboring properties, and any other
applicable standards of this section. The inspection shall be performed
by a professional acceptable to the Township. The inspection report
shall be submitted to the Township and reviewed by the Township Engineer,
who will consult with the owner or operator with respect to any deficiencies
identified by the inspection that require mitigation.
C.
The following development and design standards shall be applied to
the construction and installation of all residential wind energy systems:
(1)
Residential wind energy systems (RWES) shall be permitted as
an accessory use in all zoning districts. A building permit is required
for the installation of any system.
(2)
Setbacks.
(a)
Any RWES shall be set back a distance not less than the wind
turbine height from all power lines, occupied buildings, and any other
wind turbine.
(b)
Any RWES shall be set back a distance equal to 1.5 times the
wind turbine height or 100 feet, whichever is greater, from any public
road right-of-way or property line.
(3)
A fence of at least eight feet must separate any RWES turbine
from outside interference; this fence may be placed around the perimeter
of the property or around the turbines.
D.
The following development and design standards shall be applied to
the construction and installation of any large wind energy system
(LWES):
(1)
A large wind energy system (LWES) shall be permitted in the
AP Agricultural Preservation and GC-I General Commercial Industrial
zoning districts and only when approved as a conditional use by the
Londonderry Township Board of Supervisors.
(2)
The minimum net area of any lot containing an LWES shall be
one acre in the AP District and 45,000 square feet in the GC-I District.
The minimum gross tract or lot area in each district also shall be
complied with.
(4)
Wind turbines shall not be climbable up to 15 feet unless a
fence of at least eight feet encloses the turbines. If an applicant
chooses to use a fence, it may enclose the entire property or only
the LWES.
(5)
A development plan including the following shall accompany any
application for conditional use approval of an LWES:
(a)
A site plan showing the planned location of each wind turbine,
property lines, setback lines, access roads and turnout locations,
substation(s), electrical cabling from the large wind energy facility
to the substation(s), ancillary equipment, buildings, and structures,
including permanent meteorological towers, associated transmission
lines, and layout of all structures within the geographical boundaries
of any applicable setback.
(b)
A short narrative, including where in the Township the system
will be located, the purpose of the system, the intended lifespan
of the system, and a brief decommissioning plan for when this lifespan
is reached.
(c)
The applicant shall provide financial security in a form suitable
to the Township to guarantee the removal of the equipment when its
useful lifespan has been reached.
E.
Any physical modification to an existing, permitted wind energy conversion
system that materially alters the size, type, and/or number of wind
turbine generators or other equipment appurtenant thereto shall require
a building permit under the terms of this chapter. Like-kind replacements
shall not require a permit hereunder.
F.
Wind energy conversion systems existing prior to the enactment of
this section are exempt from its terms. Any replacement of or physical
modification to such existing system that materially alters the size,
type, and/or number of wind turbine generators or other equipment
appurtenant thereto shall require a permit under the terms of this
chapter.
G.
If a wind energy conversion system is inoperable for 12 consecutive
months, the Township shall notify the property owner, who shall within
three months either restore the system to operating condition or remove
it at the owner's expense.
