Township of Upper Uwchlan, PA
Chester County
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Table of Contents
Table of Contents

§ 200-73 Parking.

[Amended 6-17-2002 by Ord. No. 02-04]
No building or structure shall hereafter be constructed, enlarged, or modified and no use or activity shall be conducted or expanded unless provision is made on the same or adjacent lot for off-street parking facilities, either within a structure or in the open, and with proper and safe access from a street, to adequately serve the uses within the district according to the provisions of this section.
A. 
Location.
(1) 
No portion of a public street shall be utilized in complying with the parking requirements of this section.
(2) 
All parking spaces shall be on the same lot as the principal buildings they serve, except where modified as provided in Subsection K.
(3) 
In any commercial or industrial district, no parking, loading or service area shall be located within 25 feet of the ultimate right-of-way line.
(4) 
For residential dwellings, the spaces shall be on the same lot and within 100 feet of the dwelling unit they serve.
B. 
Circulation.
(1) 
All parking aisles shall be designed to discourage through motor vehicular circulation.
(a) 
Collector drives without any parking shall be required to connect all parking aisles.
(b) 
Dead-end parking areas with more than 40 spaces are prohibited. All dead-end parking areas shall provide a turnaround area.
(2) 
Access areas are those areas adjacent to a structure, facility or use area which are primarily intended to provide for such functions as pick-up and delivery, servicing and emergency vehicle access. Access areas shall not include parking areas.
(a) 
Access areas shall be clearly delineated by signs and pavement markings noting use restrictions.
(b) 
All service and delivery areas shall be laid out so that their periodic use will not obstruct the normal flow of vehicular traffic and pedestrian circulation.
(c) 
Areas primarily intended for picking up and/or discharging passengers or goods shall be clearly designated by pavement markings and signs.
(d) 
Parking shall not be permitted along driveways or accesses that serve as the main entrance(s) or exit(s) to parking areas.
(3) 
Pedestrian paths shall be provided from the parking areas to the entrances of buildings and adjacent street sidewalks. Pedestrian walks crossing any parking and driveway aisles shall be delineated by either stripes or a different paving material.
C. 
Size.
(1) 
Parking spaces for each vehicle shall be at least nine feet by 18 feet in size and shall have a paved surface, except for parking spaces serving single-family detached dwellings, which may be an improved all-weather surface, providing safe and convenient access in all seasons.
(2) 
The required parking area shall be measured exclusive of interior drives or maneuvering areas.
(3) 
In the design of the parking lots, the minimum required stall depth, stall width and aisle width shall be as shown in the following table:
Aisle Width
Angle of Parking
(degrees)
Stall Width*
(feet)
Stall Depth**
(feet)
Stall Line Length
(feet)
One-Way
(feet)
Two-Way
(feet)
90
9
18
18
25
25
60
9
19
22
16
Not permitted
45
9
17
24
14
Not permitted
Parallel
8
22
8
--
--
NOTES:
*
Stall width is measured perpendicular to the stall lines.
**
Stall depth is measured perpendicular to the front edge of the stall.
D. 
Design.
(1) 
Angle or perpendicular parking shall not be permitted along public streets. All parking areas permitting parking other than perpendicular shall be reviewed by the Township with special attention to circulation and access.
(2) 
Interior circulation within parking areas shall also be in accordance with the provisions of § 200-76 of this chapter.
(3) 
Parking areas shall be landscaped in accordance with § 162-57 of Chapter 162, Subdivision and Land Development.
(4) 
Parking spaces shall be clearly delineated by suitable markings. Special use spaces such as short-term visitor parking, handicapped parking and pick-up/drop-off zones shall be differentiated from long-term parking by suitable signing and markings.
(5) 
Handicapped parking. The handicapped parking requirements shall be in accordance with the latest Americans with Disabilities Act requirements or the following requirements whichever is greater. The requirements shall apply to all nonresidential uses, or as otherwise required by the Township.
(a) 
The number of parking spaces for physically handicapped persons shall be determined as follows:
Total Parking in Lot
Required Minimum
Number of Accessible Spaces
1 to 25
1
26 to 50
2
51 to 75
3
76 to 100
4
101 to 150
5
151 to 200
6
201 to 300
7
301 to 400
8
401 to 500
9
501 to 1,000
2% of total
1,001 and over
20 plus 1 for each 100 over 1,000
(b) 
Said spaces shall be most accessible and proximate to the building or buildings that the parking spaces shall serve.
(c) 
Each space or group of spaces shall be identified with a clearly visible sign displaying the international symbol of access.
(d) 
The size of the handicapped parking shall adhere to Subsection C, except that the stall width can be eight feet.
(e) 
Access aisles adjacent to accessible spaces shall be five feet wide at minimum and one in every eight accessible spaces, but not less than one, shall be served by an access aisle eight feet wide at minimum, and shall be designated as "van accessible."
(f) 
Where possible, such spaces shall be located so that persons in wheelchairs or using braces or crutches are not compelled to wheel or walk behind parked cars.
(g) 
Where applicable, curb ramps shall be provided to permit handicapped people access from the parking lot to the sidewalk or building entrance.
E. 
Reserve parking. At the discretion of the Township, a portion of any required parking up to 25% of the total required, or more if provided parking is proven to be sufficient by the applicant, may be provided as reserve parking, where approved as a modification subject to the provisions of Subsection K below.
F. 
Shared parking. At the discretion of the Township and where approved as a modification subject to the provisions of Subsection K below, a reduction in the sum total of the required parking up to 25% of the total required, or more if provided parking is proven to be sufficient by the applicant, may be permitted in the case of a development plan in which there are efficiencies derived by shared parking for two or more contiguous uses with common parking area(s), and/or which may have complementary peak parking demands.
G. 
Residential parking requirements.
(1) 
For all residential uses, the first garage bay located on the same lot as the dwelling unit is counted as half of an off-street parking space, since garage bays are also used for storage purposes. Each garage bay in excess of one and also located on the same lot as the dwelling unit is counted as one parking space.
(2) 
Minimum off-street parking requirements shall be as follows:
Residential Uses
Land Use Description
Parking Supply
Single-family home
3.0 spaces per dwelling unit
Multifamily dwelling (greater than 3 bedrooms)
3.0 spaces per dwelling unit
Multifamily dwelling (3 bedrooms)
2.5 spaces per dwelling unit
Multifamily dwelling (equal to or less than 2 bedrooms)
2.25 spaces per dwelling unit
Apartment (2 or less bedrooms)
2.0 spaces per dwelling unit
Accessory apartments for family members
1.0 space for each accessory apartment use
Apartment in combination with a business
2.0 spaces for each accessory apartment use
Residential conversions
3.0 spaces per dwelling unit
Mobile or modular home
3.0 spaces per dwelling unit
Boardinghouse and community/group home
1.0 space per guest, plus 1.0 space per employee and volunteer. 50% of the parking for residents/guests may be held in reserve in accordance with Subsection E
Housing for elderly (apartments)
1.5 spaces per apartment dwelling unit
Housing for elderly (single-family and townhouse)
2.0 spaces per single-family dwelling unit
Assisted living housing for elderly
0.6 spaces per dwelling unit
H. 
Nonresidential parking requirements.
(1) 
There shall be sufficient parking spaces provided for each use by the application of the appropriate formula for each use as listed in this subsection. The Township may authorize a reduction in the number of off-street parking spaces in cases where the applicant can justify the reduction and still provide adequate facilities. The number of required parking spaces may be increased based on the intensity of the use, with the burden of proof on the applicant. In the case of mixed uses, the total number of required parking spaces shall be the sum of the required spaces for the various uses computed separately.
(2) 
For assembly uses, adequate parking (preferably unpaved) subject to the Township shall be provided to accommodate overflow parking for special event parking demand.
(3) 
Throughout this subsection, "s.f." shall be interpreted as "square feet" and "GFA" shall be interpreted as "gross floor area." Minimum off-street parking requirements shall be as follows:
Commercial Uses, Industrial Uses, and Services
Land Use Description
Parking Supply
Office/business services
5.0 spaces per 1,000 s.f. of GFA
Personal/professional services
5.0 spaces per 1,000 s.f. of GFA
Bank/financial services
4.0 spaces per 1,000 s.f. of GFA
Car wash - nonautomated
1.0 space per employee, plus 2.0 drying spaces per stall
Car wash - automated/tunnel
1.0 space per employee, plus 6.0 drying spaces per tunnel
Commercial services
5.0 spaces per 1,000 s.f. of GFA
Funeral home
20.0 spaces per 1,000 s.f. of floor area for public use, plus 1.0 space per employee, plus 1.0 space for each vehicle normally stored on the premises
Eating and drinking establishment
1.0 spaces per 50 s.f. of public use area or 1.0 space per 2 seats, whichever is greater, plus 1.0 space per employee
Motel/hotel
1.0 space per room, plus 1.0 space per employee on site between check-in and check-out, plus the parking requirement of any other permitted ancillary land use on the property
Personal storage/mini storage
6.0 spaces for customer parking at the rental office, plus 1.0 space per employee, plus 1.0 space for each stored vehicle
Retail/shopping center
5.0 spaces per 1,000 s.f. of GFA
Service station/auto body repair
2.0 spaces per service bay, plus 1.0 space per employee, plus 1.0 space for each stored vehicle
Research/laboratory
3.0 spaces per 1,000 s.f. of GFA
Manufacturing equal to or less than 100,000 s.f. of GFA
2.5 spaces per 1,000 s.f. of GFA
Manufacturing greater than 100,000 s.f. of GFA
2.0 spaces per 1,000 s.f. of GFA
Laundromat
20.0 spaces per 1,000 s.f. of GFA
Gas station
1.0 space per pump island, plus 1.0 space for each employee, plus the parking requirement for any other permitted ancillary land use on the property (i.e., convenience store, service station)
Junkyard
0.1 space per 1,000 s.f. of gross lot area, plus 1.0 space per employee, plus 1.0 space for each stored vehicle
Lumber yard/building materials sale
5.0 spaces per 1,000 s.f. of building GFA, plus 1.0 space per 1,000 s.f. of outdoor display area, plus 1.0 space per vehicle normally stored on the premises
Outdoor retail sales
1.0 space per 1,000 s.f. of area or fraction thereof, plus the parking requirement for any other permitted ancillary land use on the property
Wholesale sales
2.0 spaces per 1,000 s.f. of GFA, plus 1.0 space per vehicle normally stored on the premises
Convenience store
5.0 spaces per 1,000 s.f. of GFA
Eating place, drive-through/fast food
1.0 space per 30 s.f. of public use area or 1.0 space per 2 seats, whichever is greater, plus 1.0 space per employee
Adult entertainment
1.0 space per 100 s.f. of GFA
Nightclub
1.0 space per 3 persons allowed within the maximum occupancy, plus the parking requirement for any other permitted ancillary land use on the property (i.e., eating and drinking establishment)
Bed-and-breakfast inn
2.0 spaces for the primary dwelling, plus 1.0 space per rental room, plus 1.0 space per employee, plus the parking requirement for any other permitted ancillary land use of the property
Equipment sales and rental
5.0 spaces per 1,000 s.f. of GFA, plus 1.0 space per vehicle normally stored on the premises
Contractor services
1.0 space per employee or 1.0 space per 500 s.f. of GFA whichever is greater, plus 1.0 space per company vehicle normally stored on the premises
Food processing
2.0 spaces per 1,000 s.f. of GFA, plus 1.0 space for each company vehicle normally stored on the premises
Recycling facility
1.0 space per employee, plus 1.0 space for each vehicle normally stored on the premises, plus 5.0 additional spaces
Truck terminal
1.0 space per employee on the shift having the largest number of employees, plus 1.0 space per vehicle normally stored on the premises
Warehouse
1.0 space per 1,000 s.f. of GFA, plus 1.0 space per vehicle normally stored on the premises
Vehicle sales/rentals
2.0 spaces per 500 s.f. of showroom area, plus 1.0 space per 2000 s.f. of outdoor display area, plus 1.0 space per employee, plus 1.0 space per display vehicle
Health spa
5.0 spaces per 1,000 s.f. of GFA, plus 1.0 space per employee
Institutional and Public Uses
Land Use Description
Parking Supply
Hospital
1.5 spaces per patient bed, plus 1.0 space per employee on the shift having the largest number of employees, plus 1.0 space for each vehicle normally stored on the premises (i.e., emergency vehicles)
Library
5.0 spaces per 1,000 s.f. of GFA, plus 1.0 space per employee
Museum or similar institution
5.0 spaces per 1,000 s.f. of GFA, plus 1.0 space per employee
Community center/social club
1.0 space per 3 persons of total design capacity or 20.0 spaces per 1,000 s.f. of assembly area, whichever is greater, plus adequate space (unpaved) for overflow parking, if applicable
Day-care center
1.0 space per 300 s.f. of GFA, plus 1.0 space per employee
Elementary school/middle school (including boarding schools)
1 space per faculty member, employee, and volunteer, plus 1.0 space per 2 classrooms or 1.0 space per 3 persons of design occupancy of the assembly area, whichever is greater, plus adequate space (unpaved) for overflow parking, if applicable
High school (including boarding schools)
1.0 space per faculty member, employee, and volunteer, plus 1.0 space per 2 students of the maximum total student design capacity or 1.0 space per 3 persons of design occupancy of the assembly area, whichever is greater, plus adequate space (unpaved) for overflow parking, if applicable
Church/place of worship
1.0 space per 2 persons of occupancy of the assembly area, plus 2.0 spaces per dwelling, plus 1.0 space per employee, plus adequate space (unpaved) for overflow parking, if applicable
Utility installation
1.0 space per employee on the shift having the largest number of employees, with a minimum of 2.0 spaces
Commercial or industrial trade school
1.0 space per faculty member, employee, and volunteer, plus 1.0 space per 2 students of the maximum total student design capacity or 1.0 space per 3 persons of design occupancy of the assembly area, whichever is greater, plus adequate space (unpaved) for overflow parking, if applicable
Senior day-care facility
4.0 spaces per 1,000 s.f. of GFA, plus 1.0 space per employee
Nursing home
1.0 space per 3 beds, plus 1.0 space for each full-time employee on the shift having the largest number of employees
Emergency services
Subject to the needs of the applicant, but as a guideline 1.0 space per vehicle operated in connection with the use, and 2.0 spaces per employee or volunteer on the largest shift or 6.0 spaces per pumper/ladder truck, 4.0 spaces per small/medium sized truck, 2.0 spaces per ambulance/paramedic vehicle
Recreational Uses
Land Use Description
Parking Supply
Bowling alley
5.0 spaces per bowling lane, plus 1.0 space per employee
Country club/golf club
5.0 spaces per hole, plus 1.0 space per employee, plus 50% of the parking requirement for any other permitted ancillary land use of the property
Indoor amusement arcade
4.0 spaces per 1,000 s.f. of GFA, plus 1.0 space per employee
Miniature golf course
3.0 spaces per tee, plus 1.0 space per employee
Cinema
1.0 space per 3 seats
Health club
5.0 spaces per 1,000 s.f. of GFA
Stadium/gymnasium
1.0 space per 3 persons of the maximum occupancy
Swim club/public pool
20.0 spaces per 1,000 s.f. of swimming pool and deck area, plus the parking requirement for any other permitted ancillary land use of the property
Driving range
2.0 spaces per tee, plus 1.0 space per employee
Outdoor batting cage
3.0 spaces per batting cage, plus 1.0 space per employee
Recreational camp sites
4.0 spaces located near and convenient to the retail/management office, plus 4.0 visitor spaces for the commissary use, plus 1.0 space per employee (spaces shall be of adequate size to accommodate auto/camper combo)
Athletic field
20.0 spaces per diamond or athletic field, or 1.0 space per 4 seats, whichever is greater, plus 6.0 spaces per court, plus the parking requirement for any other permitted land use of the property; one seat is equal to two feet of bench length
I. 
Shopping cart storage. Any establishment that furnishes carts or mobile baskets as an adjunct to shopping shall provide definite areas within the required parking space area for the storage of such carts. In no case shall any such cart be allowed to be removed more than 300 feet from said establishments. Each designated storage area shall be clearly designed and marked for storage, and shall be enclosed by a barrier. All shopping carts shall be stored indoors during nonoperating hours of said establishments. Areas for the storage of shopping carts shall be in addition to the area required for off-street parking.
J. 
Stacking spaces.
(1) 
Where required, stacking spaces shall be provided so as not to block or cross travel lanes, whether within a parking lot or on adjacent streets. A clear bypass lane shall be provided for the benefit of traffic that either does not wish to use the drive-through facilities or for motorists who have entered the drive-through lanes and wish to exit before reaching the sales or service window.
(2) 
Minimum stacking space requirements shall be as follows; however, the number of required stacking spaces may be increased at the discretion of the Township based on the nature of the specific use, with the burden of proof on the applicant.
Use
Spaces Required
Car wash - nonautomated
4.0 spaces per stall
Car wash - automated/tunnel
15.0 spaces per tunnel
Gas station
1.0 space per fuel position
Bank/financial services:
Equal to or less than 3 windows
10.0 spaces per window
4 to 5 windows
5.0 spaces per window
Greater than five windows
3.0 spaces per window
Eating place, drive-through/fast food
10.0 spaces per window
Other
5.0 spaces per window
K. 
Modifications.
(1) 
Where any use or activity is subject to subdivision or land development review, modification(s) to the provisions of this section may be requested, which modification(s) may be granted at the discretion of the Board of Supervisors pursuant to the provisions of Chapter 162, Subdivision and Land Development. Where and to the extent that modification(s) to any of the provisions of this section has/have been approved by the Board of Supervisors in connection with any subdivision or land development review, said provisions shall not be independently enforced pursuant to this chapter.
(2) 
Where any use or activity is subject to application for approval of a conditional use, special exception, or zoning variance, modification(s) to the provisions of this section may be requested as part of such application.
(3) 
For any use or activity not otherwise subject to permit or approval as provided in Subsection K(1) or (2) above, modification(s) to the provisions of this section may be requested in the form of an application for grant of a special exception by the Upper Uwchlan Zoning Hearing Board. Such applications shall be submitted to the Upper Uwchlan Planning Commission for review and comment prior to formal special exception application to the Zoning Hearing Board.
(4) 
In approving any application pursuant to Subsection K(2) or (3) above, the Zoning Hearing Board or Board of Supervisors, as applicable, as a condition of approval of such application, may permit specific modification(s) to the provisions of this section subject to the following:
(a) 
The Zoning Hearing Board or Board of Supervisors, as applicable, shall determine that the specific nature of the lawful use or activity, existing site conditions, and/or safety considerations warrant such modification(s); and
(b) 
Permitted modifications shall be consistent with the purposes of this section.
(5) 
Where a request for modification to the provisions of this section involves location of required parking spaces elsewhere than on the same lot as the principal building or shared parking among uses occupying separate lots, such modification may be permitted subject to consideration of the following:
(a) 
The owners of two or more contiguous parcels may be required to submit a site plan showing joint use, agreement for perpetual use and maintenance, and location of a common off-street parking area.
(b) 
The spaces provided on any contiguous off-site parcel shall not cause the parking supply requirement for any existing or future uses on such off-site parcel to be inadequate.
(6) 
Where a request for modification to the provisions of this section involves reduction in total parking requirements due to shared parking among uses part of a unified development plan, such modification may be permitted subject to consideration of shared parking data justifying such reduction. Appropriate supporting data shall be submitted to the Township by the applicant, shall be based upon standard methodology (such as the latest data published by the Urban Land Institute, Institute of Transportation Engineers, or from actual parking studies within the region), and shall be sufficient for the Township to determine an appropriate reduction.
(7) 
Where a request for modification to the provisions of this section involves provision for reserve parking, in lieu of construction of the full number of parking spaces required hereunder, such modification may be permitted subject to consideration of the following:
(a) 
The specific nature of the proposed use or uses which may justify an initial reduction in the number of parking spaces provided, with the remainder to be held in reserve;
(b) 
Environmental characteristics of the subject site and/or stormwater management issues which infer a need to reduce previous coverage;
(c) 
Specific provision for design, engineering, and funding of construction of reserve parking area(s), not to be constructed except at the express direction of the Township, such construction shall be the sole responsibility of the applicant;
(d) 
Clear designation of any reserve parking area(s) on applicable plan(s), accompanied by appropriate documentation guaranteeing the conservation of designated reserve parking area(s) as open space until such time as actual construction of such parking may be directed by the Township; such construction shall be the sole responsibility of the applicant.

§ 200-74 Loading and unloading.

In connection with any building or structure which is erected or substantially altered and which requires the receipt or distribution of materials or merchandise by trucks or similar vehicles, there shall be provided a sufficient number of off-street loading and unloading berths not less than the minimum requirements specified in this section:
A. 
Location.
(1) 
All loading and unloading areas shall be located on the same lot as the use to be served, and no portion of the vehicle shall project into any traffic lane. No loading area for vehicles of more than two-ton capacity shall be located closer than 100 feet from any residential district. No permitted or required loading area shall be located within 50 feet of a property line.
(2) 
No loading facilities shall be constructed within any required yard areas. Loading facilities shall be located either on the side or rear of the building and properly screened according to § 200-77.
B. 
Size. Off-street loading and unloading areas shall be at least 15 feet wide, 16 feet vertical clearance, 60 feet deep and shall have an adequate maneuvering apron.
C. 
Access. Each off-street loading and unloading area shall be designed with appropriate means of vehicular access to an interior drive in a manner which will least interfere with traffic movements, and shall be subject to the approval of the Township. Such access shall have paved surfaces to provide safe and convenient access during all seasons.
D. 
Surfacing. Loading and unloading spaces shall have paved all-weather, dustless surfaces of sufficient load-bearing properties consistent with the intended uses.
E. 
Space allowed. Space allowed to any off-street loading berth shall not, while so allocated, be used to satisfy the space requirements of any off-street parking facilities or portions thereof. Required off-street parking spaces shall not be used for loading and unloading purposes except during hours when business operations are suspended.

§ 200-75 Access and traffic control.

To minimize traffic congestion and hazard, control street access and encourage orderly development of street highway frontage, the following regulations shall apply:
A. 
Unless clearly impractical or inappropriate, lots which abut two or more streets shall have direct access only to a street of lesser functional classification.
B. 
Where lots are created having frontage on expressway, arterial, major collector and minor collector streets, as classified by the Comprehensive Plan, any proposed development street pattern shall provide reverse frontage to local streets within the subdivision, unless clearly impractical due to lot configuration or topography. Residential developments which propose streets with reverse frontage lots shall buffer the reverse frontage lot along the rear yard lot line from the major street, in accordance with § 200-77.
C. 
Accesses along Route 100 should implement Figure 12-1, Proposed Access for Route 100, of the 1987 Upper Uwchlan Comprehensive plan.
D. 
Each use with less than 400 feet of street frontage shall not have more than one ingress and egress lane to such street, and no use with 400 feet or more of street frontage shall have more than two access ways to any one street for each 800 feet of street frontage. A common access point for two or more uses is required where practical, to minimize vehicular access points along streets other than local streets.
E. 
Every building and lot shall have access to a public street or an approved private street. Unless clearly impractical, all residential lots shall have direct access only to a local access street.
F. 
All vehicular access ways to any public street shall be located at least 100 feet from any intersection of a street, measured from the intersection of the street lines.
G. 
Provisions shall be made for safe and efficient ingress and egress to and from public streets, without undue congestion or interference with normal traffic flow within the Township. The developer shall be responsible for the design and construction, and the costs thereof, of any necessary traffic control device and/or highway modifications required by the Township and/or the Pennsylvania Department of Transportation (PennDOT).
H. 
Obstructions to vision.
(1) 
On any lot, no wall, fence or other obstruction shall be erected, allowed or maintained; and no hedge, tree, shrub or other growth shall be planted or exist which dangerously obscures the view of approaching traffic along streets or at intersections.
(2) 
On a corner lot, nothing shall be erected, placed or allowed to grow which obscures the view within a clear sight triangle defined by the following:
[Amended 4-19-2010 by Ord. No. 10-04]
(a) 
Above the height of 2 1/2 feet and below the height of 12 feet measured from the center line grades of the intersecting streets.
(b) 
Within the area bounded by the center line of intersecting streets and a line joining points on these center lines 75 feet from an intersection of center lines of such streets.
(3) 
All driveway and street intersections shall be designed and maintained in such a manner that a clear view is obtained for vehicles entering and exiting the intersection, according to the following:
[Amended 12-15-2003 by Ord. No. 03-05; 4-19-2010 by Ord. No. 10-04]
(a) 
The measurement and calculation of required sight distances shall be in accordance with Pennsylvania Code Title 67, Chapter 441, Access to and Occupancy of Highways by Driveways and Local Roads.
(b) 
The PennDOT desirable sight distance requirements are typically based on the posted speed limit. However, where the speed of traffic may create a situation with unsafe sight distance, it may be necessary to verify the 85th percentile speed of traffic at the recommendation of the Township Engineer and if agreed to by the Township Planning Commission or Board of Supervisors. If it is impossible to achieve the desirable sight distances, then the minimum acceptable sight distance values may be used based on the 85th percentile speed of traffic, if necessary, and subject to review by the Township Engineer.
(c) 
At the discretion of the Township Engineer and recommendation by the Township Planning Commission, a sight distance profile plan will be prepared by a licensed professional engineer in Pennsylvania to show at least the following for verification of adequate sight distance and all associated improvements: existing roadway profile (spot elevations at fifty-foot increments and twenty-five-foot increments along vertical curves), proposed roadway profile, all sight line profiles (six inches or more of sight line clearance above the finished grade), proposed site grading and temporary grading easements.

§ 200-76 Interior circulation.

[Amended 6-17-2002 by Ord. No. 02-04]
A. 
Design of access aisles and drives.
(1) 
Interior drives shall be designed to prevent blockage of vehicles entering or leaving the site and shall be clearly marked by signs, curbing, or lines. Drives may be one-way or two-way. Areas designed for loading and unloading, refuse collection, fuel delivery and other service vehicles, shall be separate and arranged so as to prevent blocking or interfering with accessways, the use of automobile parking facilities or pedestrian ways, and shall have adequate turnaround surface so egress to the street is in a forward direction.
(2) 
Accessways, parking areas, and loading areas shall have clearly defined parking bays and traffic circulation lanes designated by markings, curbs, barriers and/or landscaped islands, so that operators of vehicles intending to patronize such parking areas shall not impede traffic as a result of any confusion as to location of entrances and exits and manner of reaching them.
(3) 
All interior drives and accessways shall be paved with an approved all-weather surface, and shall be graded, properly drained, and maintained in a good condition. Interior drives shall have a maximum grade of 4%, measured along the center line, for a distance of not less than 25 feet from the street right-of-way line. Beyond that point, interior roads and drives shall have a maximum grade of 10%.
B. 
Common or shared access driveways. Common or shared access driveways to parking and loading areas is permitted and encouraged provided landowners shall submit a site plan and agreement indicating the extent of joint use and maintenance responsibility.
C. 
Fire lane easements.
(1) 
No multifamily residential or institutional building shall be located more than 150 feet from a duly dedicated, improved or accessible fire lane easement as defined herein, nor more than 600 feet from a duly dedicated, accessible and improved public or private street. Fire lane easements shall be located adjacent to commercial or industrial building(s).
(2) 
Fire lane easements shall have a minimum unobstructed right-of-way width of 40 feet; and there shall be constructed within this right-of-way an all-weather and well-drained surfaced cartway with a minimum width of 20 feet. The extension of fire lane easements shall begin from one or more existing and improved public streets.
(3) 
Fire lane easements which curve, turn, or change directions shall have a minimum radius of 55 feet of pavement. Fire lane easements containing reverse curves shall have a minimum center line tangent length of 50 feet between curves.
(4) 
Dead-end fire lane easements shall not exceed 400 feet in length and shall be terminated with an unobstructed vehicular turnaround or cul-de-sac with a minimum surface radius of 35 feet.

§ 200-77 Screening.

A. 
Screening requirements shall be applicable under the following circumstances:
(1) 
Where a proposed commercial, industrial or institutional use abuts an existing residential use or residential district.
(2) 
Where any proposed multifamily residential use abuts another residential district or an existing single-family or two-family dwelling.
(3) 
Any other instance where screening is required by this chapter or by the Township.
B. 
Screening shall comply with the following requirements:
(1) 
The portion of the tract that abuts a use or district intended to be screened shall be provided with a minimum of thirty-foot planting strip which will act as an effective screen separating uses. The planting strip may be included in private yard space and shall be based upon the following criteria:
(a) 
Vegetative screening shall include a variety of evergreen species (but no more than three) which are indigenous to the area so as to provide a year-round visual barrier.
(b) 
Vegetative screening shall incorporate earthen mounds or berms, wherever possible, to improve sound as well as visual buffering, and shall be broken at points of vehicular or pedestrian access.
(c) 
Plant materials used in the screen planting shall be at least six feet in height when planted and be of a species which will produce within two years a complete visual screen of at least eight feet in height.
(d) 
No plantings shall be placed with their center closer than five feet from the property line of the tract.
(e) 
All existing trees within the required planting strip above three inches in caliper and/or eight feet in height shall be preserved wherever possible.
(f) 
Screening shall be designed so as not to obstruct sight distances at intersections.
(g) 
Screening design, including the type of plant materials to be used, spacing of plant materials, and the use and location of earthen berms, shall be subject to review and approval by the Board of Supervisors upon the recommendation of the Planning Commission.
(h) 
Vegetative screens shall be perpetually maintained during the period the principal use causing the need for screening is in operation. Any plant material which does not survive shall be replaced within six months.
(2) 
Water towers, storage tanks, processing equipment, fans, skylights, cooling towers, vents and any other structures or equipment which rises above the roof line shall be architecturally compatible or effectively shielded from view from any public or private dedicated street by an architecturally sound method which shall be approved, in writing, by the Township before construction or erection of said structures or equipment.

§ 200-78 Landscaping.

[Amended 6-17-2002 by Ord. No. 02-04]
A. 
Applicability.
(1) 
Except for individual lots existing at the time of adoption of this section and occupied or intended to be occupied by single-family or two-family dwellings, the provisions of § 162-57 of Chapter 162, Subdivision and Land Development, shall apply to all uses and to any change in use in Upper Uwchlan Township, such standards incorporated herein by this reference.
(2) 
Where any use or activity requires approval of any building or zoning permit, zoning variance, special exception or conditional use, such approval or permit shall be conditioned upon compliance with the provisions of said § 162-57, including submission of a landscaping plan as set forth in § 162-57A and B. Plans accompanying conditional use application may be conceptual in nature but shall demonstrate the ability to achieve the objectives of § 162-57A and B.
(3) 
It is the intention of this section that the provisions of said § 162-57 shall apply independently under this chapter only where Chapter 162, Subdivision and Land Development, does not otherwise apply to the proposed use or activity. Therefore, where any use, activity, permit or approval is also subject to subdivision or land development review, there shall be no requirement for additional review under this chapter. Further, where and to the extent that modification(s) of any of the provisions of said § 162-57 has/have been approved by the Upper Uwchlan Board of Supervisors in connection with any subdivision or land development review, the said requirements shall not be independently enforced pursuant to this chapter.
B. 
Modifications.
(1) 
For any use or activity subject to subdivision or land development review, modification(s) to the provisions of § 162-57 of Chapter 162, Subdivision and Land Development, may be requested, which modification(s) may be granted at the discretion of the Board of Supervisors pursuant to the provisions of that chapter.
(2) 
For any use or activity not subject to subdivision or land development review, but where the use or activity is subject to application for approval of a conditional use, special exception, or zoning variance, modification(s) to the provisions of said § 162-57 may be requested as part of such application.
(3) 
For any use or activity not otherwise subject to permit or approval as provided in Subsection B(1) or (2) above, modification(s) to the provisions of said § 162-57 may be requested in the form of an application for grant of a special exception by the Upper Uwchlan Zoning Hearing Board. Such applications shall be submitted to the Upper Uwchlan Planning Commission for review and comment prior to formal special exception application to the Zoning Hearing Board.
(4) 
In approving any application pursuant to Subsection B(2) or (3) above, the Zoning Hearing Board or Board of Supervisors, as applicable, as a condition of approval of such application, may permit specific modification(s) to the provisions of said § 162-57 subject to the following:
(a) 
The Zoning Hearing Board or Board of Supervisors, as applicable, shall determine that the specific nature of the lawful use or activity, existing site conditions, and/or safety considerations warrant such modification(s); and
(b) 
Permitted modifications shall be consistent with the purposes of said § 162-57.

§ 200-79 Lighting.

[Amended 6-17-2002 by Ord. No. 02-04]
A. 
Applicability.
(1) 
The provisions of § 162-58 of Chapter 162, Subdivision and Land Development, shall apply to all uses in Upper Uwchlan Township, such standards incorporated herein by this reference.
(2) 
Where any use or activity requires approval of any building or zoning permit, zoning variance, special exception or conditional use, such approval or permit shall be conditioned upon compliance with the provisions of said § 162-58, including submission of a lighting plan as set forth in § 162-58D.
(3) 
It is the intention of this section that the provisions of said § 162-58 shall apply independently under this chapter only where Chapter 162, Subdivision and Land Development, does not otherwise apply to the proposed use or activity. Therefore, where any use, activity, permit or approval also is subject to subdivision or land development review, there shall be no requirement for additional review under this chapter. Further, where and to the extent that modification(s) of any of the provisions of said § 162-58 has/have been approved by the Board of Supervisors in connection with any subdivision or land development review, the said requirements shall not be independently enforced pursuant to this chapter.
B. 
Modifications.
(1) 
For any use or activity subject to subdivision or land development review, modification(s) to the provisions of § 162-58 of Chapter 162, Subdivision and Land Development, may be requested, which modification(s) may be granted at the discretion of the Board of Supervisors pursuant to the provisions of that chapter.
(2) 
For any use or activity not subject to subdivision or land development review, where subject to application for approval of a conditional use, special exception, or zoning variance, modification(s) to the provisions of said § 162-58 may be requested as part of such application.
(3) 
For any use or activity not otherwise subject to permit or approval as provided in Subsection B(1) or (2) above, modification(s) to the provisions of said § 162-58 may be requested in the form of an application for grant of a special exception by the Zoning Hearing Board.
(4) 
In approving any application pursuant to Subsection B(2) or (3) above, the Zoning Hearing Board or Board of Supervisors, as applicable, as a condition of approval of such application, may permit specific modification(s) to the provisions of said § 162-58 subject to the following:
(a) 
The Zoning Hearing Board or Board of Supervisors, as applicable, shall determine that the specific nature of the lawful use or activity, existing site conditions, and/or safety considerations warrant such modification(s); and
(b) 
Permitted modifications shall be consistent with the purposes of said § 162-58 of Chapter 162, Subdivision and Land Development.
C. 
Compliance.
(1) 
Safety hazards. If the Building Code Officer judges a lighting installation to create safety or personal-security hazard(s), the person(s) responsible for the lighting and the property owner shall be notified in writing and required to take remedial action. The Building Code Officer shall follow the enforcement provisions of Article XIX of this chapter.
(2) 
Glare and inadequate illumination levels. When the Building Code Officer judges a lighting installation to produce unacceptable levels of glare, excessive skyward light, or insufficient illumination levels, or otherwise varies from the provisions of this chapter, the Township may notify the person(s) responsible for the lighting and require appropriate remedial action. The Building Code Officer shall follow the enforcement provisions of Article XIX of this chapter.
(3) 
Nonconforming lighting.
(a) 
Any lighting fixture or lighting installation existing on the effective date of this chapter that does not conform with the requirements of this chapter, shall be considered as a lawful nonconformance.
(b) 
Except where specific modification(s) are approved in accordance with the provisions of this chapter or § 162-58 of Chapter 162, Subdivision and Land Development, and unless minor corrective action is deemed by the Township to be an acceptable alternative, a nonconforming lighting fixture or lighting installation shall be made to conform with applicable requirements when:[1]
[1] 
It is deemed by the Township to create a safety hazard;
[2] 
It is replaced, abandoned or relocated; or
[3] 
There is a change in use.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 200-80 Outdoor storage.

[Amended 12-15-2003 by Ord. No. 03-05]
A. 
Requirements for all types of storage.
(1) 
The restrictions set forth in this section apply to permanent and temporary outdoor storage, as both principal and accessory uses. The restrictions set forth in this section are in addition to any other restrictions and limitations imposed on storage by this chapter and/or other applicable regulation, including, without limitation, the regulations and restrictions applicable to junkyards.
(2) 
For the purposes of this section, permanent outdoor storage shall consist only of the storage of materials (e.g., mulch, landscape plant materials) or products that directly pertain to the allowed use(s) of the subject property, except for the outdoor storage of vehicles which is regulated by Subsection D of this section.
(3) 
For the purposes of this section, temporary outdoor storage shall consist only of the daily or routine outdoor display of materials or products (e.g., large items for sale at a hardware or grocery store) that are placed inside during nonbusiness hours and that are available for purchase at a business whose use is allowed on the subject property, except for the outdoor storage of vehicles which is regulated by Subsection D of this section.
(4) 
Permanent outdoor storage shall be completely screened from view of any public right-of-way and any adjacent uses in accordance with §§ 200-77 and 200-88 of this chapter, and with Chapter 162, Subdivision and Land Development, unless the permanent outdoor storage is a principal use pursuant to Subsection A(7). Screening shall consist of evergreen plantings, architectural screen, and/or approved safety fence.
(5) 
No storage shall be permitted within the front yard of any lot.
(6) 
Permanent or temporary outdoor storage as an accessory use shall occupy an area of less than 1/2 the existing building coverage of the building lot's principal use. In no case shall more than 25% of the building area be used for any outdoor storage. Accessory uses requiring a greater land area for storage than specified herein may be permitted as a special exception.
(7) 
If permanent or temporary outdoor storage is the principal use of a building lot:
(a) 
The front yard need not be screened; all other provisions of Subsection A(4) apply.
(b) 
Subsection A(5) applies, except that the front yard area of the lot may be used for outdoor display and temporary storage.
(c) 
The provisions of Subsection A(6) do not apply.
(d) 
All other applicable provisions of this chapter apply to outdoor storage as the principal use of a building lot.
(8) 
Outside storage shall not occupy any part of any street right-of-way, pedestrian walkway, required parking area or space, or required buffer areas; and shall not be located within 15 feet of any side or rear lot line.
B. 
Storage of garbage. All organic refuse or other types of solid waste generated by allowed use of the subject property shall be stored in tight vermin-proof containers. In multiple-family, commercial, and industrial developments, garbage storage shall be consolidated to expedite collection and enclosed on three sides by an architectural screen or plantings. Either type of screen must fully enclose the garbage storage area, and must include a secure gate on the fourth side for access and to prevent scattering of empty garbage cans by wind. If an architectural screen is used, materials are limited to wood, brick, or masonry. The architectural screen shall be designed and constructed consistent with the requirements of the zoning district within which the garbage storage is located. If the topography of the garbage storage site allows view of the garbage storage area from a public right-of-way, trail, or adjoining property above the garbage storage area, then an architecturally compatible roof must also be provided that screens the view into the garbage storage area.
C. 
Storage of fuel and other explosive materials.
(1) 
Outdoor storage facilities for fuel, including aboveground storage tanks, raw materials, and products, but excepting residential storage of firewood and fuel, shall be enclosed with an approved safety fence compatible with the architectural and landscaping style employed on the lot. All fencing shall be erected in accordance with §§ 200-77 and 200-88 of this chapter, and with Chapter 162, Subdivision and Land Development. In addition to a fence, aboveground storage tanks for products that remain liquid upon atmospheric contact shall be enclosed by a moat or berm appropriately designed and constructed to contain potential spillage.
(2) 
No highly flammable or explosive liquids, solids, or gases, as defined by applicable regulations, shall be stored in aboveground storage tanks in any of Upper Uwchlan Township's zoning districts, except as follows:
(a) 
Aboveground storage tanks of fuel connected directly with and located and operated on the same lot as the energy devices or heating appliances they serve.
(b) 
In the C-3 Highway Commercial Zoning District or the L-1 Limited Industrial Zoning District, only, commercial aboveground storage tanks that store and supply fuel for heating and other commercial uses.
(c) 
For any new aboveground storage tanks that may be permitted under Subsection C(2)(b), the following shall apply:
[1] 
The tank installation shall be designed and its construction supervised by a registered professional engineer. The applicant shall file, with the Township and at the time of application for a building permit, a location (site) plan and details for the tank, including a feasibility study describing why a particular site was chosen for the proposed aboveground storage tank, all prepared by the same engineer. Any additional permits required by state or federal agencies for the construction of the tank shall also be submitted to the Township at the same time.
[2] 
No commercial aboveground storage tank shall be constructed closer than 50 feet to any property or right-of-way line.
(d) 
All pertinent state and federal regulations apply to and otherwise supersede the requirements of this section if a conflict arises.
D. 
Storage of vehicles. For the purposes of this section, a vehicle shall be deemed to be stored outdoors unless it is located within a garage or other structure enclosed on at least three sides with a roof. Also:
(1) 
In all districts, unless otherwise approved by Upper Uwchlan Township, no trailer, travel trailer, motorized dwelling, tent trailer, boat trailer, recreational vehicle or similar vehicle shall be stored outdoors within any required front yard area nor within 15 feet of any side or rear lot line, except as provided in Subsection D(2) below.
(2) 
On any property zoned for residential use, currently registered and operable vehicles owned by the resident(s) of the property may be stored (parked) without limitation, where not stored within any required minimum yard or setback area. No more than three currently registered and operable vehicles may be stored within required minimum yard areas.
(3) 
No unlicensed or unregistered motor vehicle other than farm vehicles, and no inoperable farm vehicle, may be stored outdoors on any lot for a period in excess of six months. No more than two unlicensed and/or unregistered vehicles may be stored outdoors on any lot at any one time.

§ 200-81 Utilities.

[Amended 12-15-2003 by Ord. No. 03-05]
A. 
General.
(1) 
All utilities shall be placed underground in Upper Uwchlan Township except where approved as a special exception and only in the Limited Industrial (LI) District.
(2) 
All utility design, construction, installation, and maintenance shall be in accordance with Chapter 162, Subdivision and Land Development, §§ 162-48, 162-49, 162-50, and Chapter 152, Stormwater Management, and as follows.
[Amended 12-16-2013 by Ord. No. 2013-05]
B. 
Wastewater. All uses subject to this chapter or Chapter 162, Subdivision and Land Development, shall be served by a wastewater disposal system designed, constructed, and operated in accordance with this chapter; § 162-48 of Chapter 162, Subdivision and Land Development; the policies and recommendations of the Chester County Sewage Facilities Plan (as most recently amended); the Upper Uwchlan Township Act 537 Wastewater Facilities Plan (as most recently amended); and/or other applicable Township standards and specifications as established by § 162-48 of that chapter. Proposed wastewater disposal systems shall be reviewed and approved by the Pennsylvania Department of Environmental Protection, the Chester County Health Department, and/or Upper Uwchlan Township, as applicable.
C. 
Water supply. All uses subject to this chapter or Chapter 162, Subdivision and Land Development, shall be served by adequate and potable water supply system(s) designed, constructed, and operated in accordance with this chapter, § 162-49 of Chapter 162, Subdivision and Land Development, and/or Chapter 183, Article I, Public Water Supply. Proposed water supply systems shall be reviewed and approved by the Pennsylvania Department of Environmental Protection, the Chester County Health Department, and/or Upper Uwchlan Township, as applicable.
D. 
Stormwater management and erosion control. All land development activities subject to this chapter or Chapter 162, Subdivision and Land Development, shall be served by stormwater management and erosion control measures in accordance with this chapter and/or § 162-51, Erosion and sedimentation control, of Chapter 162, Subdivision and Land Development, and/or Chapter 152, Stormwater Management. Proposed stormwater management and erosion control systems shall be reviewed and approved by the Pennsylvania Department of Environmental Protection, the Chester County Conservation District, and/or Upper Uwchlan Township, as applicable.
[Amended 12-16-2013 by Ord. No. 2013-05]
E. 
Other utilities. All land development activities subject to this chapter or Chapter 162, Subdivision and Land Development, and served by utilities such as, but not limited to, electric, gas, street light supply, cable television, and telephone, shall have those utilities installed in accordance with this chapter, § 162-50 of Chapter 162, Subdivision and Land Development, and/or all other applicable regulations.

§ 200-82 Physical performance standards.

[Amended 12-15-2003 by Ord. No. 03-05]
The following regulations shall apply to all districts:
A. 
Air quality. There shall be no emission, visible or otherwise, of smoke, ash, dust, fumes, vapors, gases or other matter toxic or noxious to air which violate the Pennsylvania Air Pollution Control Laws, as most recently amended. In particular, no user shall operate or maintain or be permitted to operate or maintain any equipment, installation, or device which by reason of its operation or maintenance will discharge contaminants to the air in the excess of the limits prescribed herein unless that user installs or maintains in conjunction therewith such control as will prevent the emission into the open air of any air contaminant in a quantity that will violate any provision of this chapter.
B. 
Fire and explosive hazards. All activities and all storage of flammable and explosive material at any point shall be provided with adequate safety devices against the hazard of fire and explosion, and adequate fire-fighting and fire suppression equipment, and devices as detailed and specified by the laws of the Commonwealth of Pennsylvania. All buildings and structures and activities within such buildings and structures shall conform to the Building Code, the Fire Prevention Code, and other applicable Township ordinances. Any explosive materials shall conform to the most recently amended requirements of the Pennsylvania Department of Environmental Protection, for storing, handling and use of explosive materials.
C. 
Glare and heat. Direct or sky-reflected glare (e.g., from any type of outdoor lighting; high temperature process such as combustion or welding) so as to be visible at the lot line shall not be permitted. These regulations shall apply to signs or floodlighting of parking areas as permitted by this or other ordinances of the Township, including § 162-58 of Chapter 162, Subdivision and Land Development. There shall be no emission or transmission or heat or heated air so as to be discernible at the lot line of the use generating such emission or transmission.
D. 
Liquid waste. There shall be no discharge at any point into any public or private sewage system, or watercourses or into the ground, of any liquid materials in such a way or such a nature, as will contaminate or otherwise cause the emission of hazardous materials in violation of the laws and regulations of Upper Uwchlan Township or the Commonwealth of Pennsylvania or any other organization with regulatory authority of such discharge. Specific compliance with the rules and regulations of the Pennsylvania Department of Environmental Protection shall be required.
E. 
Solid waste. There shall be no discharge at any point into watercourses or into the ground, of any solid materials in such a way or such a nature, as will contaminate or otherwise cause the emission of hazardous materials in violation of the laws and regulations of Upper Uwchlan Township or the Commonwealth of Pennsylvania or any other organization with regulatory authority of such discharge. Specific compliance with the rules and regulations of the Pennsylvania Department of Environmental Protection shall be required.
F. 
(Reserved)[1]
[1]
Editor's Note: Former Subsection F, Noise, was repealed 5-16-2016 by Ord. No. 2016-05. See now Ch. 110, Noise.
G. 
Odors. No uses, except agricultural operations, shall emit odorous gases or other odorous matter in such quantities to be offensive at any point on or beyond its lot lines. Odor thresholds shall be measured in accordance with ASTM d-1391-57, "Standard Method for Measurement of Odor in Atmospheres (Dilution Method)."
H. 
Vibration. No vibration shall be produced which is transmitted through the ground and is discernible without the aid of instruments at or at any point beyond the lot line.
I. 
Radioactivity. There shall be no activities which emit dangerous radioactivity at any point. Also:
(1) 
No operation involving radiation hazards shall be conducted which violates the regulations and standards established in the Code of Federal Regulations, "Standards for Protection Against Radiation," in its latest revised form.
(2) 
If any use is proposed which incorporates the use of any radioactive materials, equipment or supplies, such use shall be in strict conformity with the Pennsylvania Department of Environmental Protection, rules and regulations, as amended.
J. 
Electrical, radio, and electromagnetic interference.
(1) 
There shall be no radio, electrical, or similar disturbances adversely affecting the operation of equipment belonging to someone other than the creator of the disturbance.
(2) 
No use, activity, or process shall be conducted which produces electromagnetic or other interference with normal radio, telephone, or television reception beyond the lot line of the conducted use, activity, or process.
K. 
Public health and safety. No use shall create any other objectionable condition in an adjoining area which will endanger public health and safety or be detrimental to the proper use of the surrounding area.

§ 200-83 Impact statements.

[Amended 12-15-2003 by Ord. No. 03-05]
All uses permitted by this chapter shall be subject, when applicable, to the impact statement requirements of Chapter 162, Subdivision and Land Development, § 162-9H, or § 200-117, Conditional use standards. Where the use is part of a request for a zoning permit, the Zoning Officer shall not issue such a permit until the terms of § 162-9H or § 200-117, and any conditions imposed upon the use of the property at the time of subdivision or land development approval, are satisfied.

§ 200-84 Public utility corporations and authorities.

[Amended 12-15-2003 by Ord. No. 03-05]
In accordance with the Pennsylvania Municipalities Planning Code, Act 247 of 1968, as amended, this chapter shall not apply to any existing or proposed building, or extension thereof, or to any land, used or to be used, by a public utility corporation, or public utility authority, if upon petition of the corporation, or authority, the Public Utility Commission after public hearing, decides that the present or proposed situation or use of the building or land in question is reasonably necessary for the convenience or welfare of the public. Notwithstanding the above, this exemption from the provisions of this chapter is valid only if the corporation or authority applying to the Public Utilities Commission ensures that the Township has notice of the aforementioned public hearing and further, that the Township is granted an opportunity to appear, present witnesses, cross-examine witnesses presented by other parties, or otherwise exercise the rights of a party to the aforementioned public hearing or any other proceedings.

§ 200-85 Vehicular service establishments.

[Amended 12-15-2003 by Ord. No. 03-05]
Vehicular service establishments shall be permitted only in the C-3 Highway Commercial Zoning District, subject to the provisions of § 200-38 of this chapter, all other applicable regulations, and in accordance with the following supplemental regulations:
A. 
Gasoline, oil pumps, or oiling or greasing mechanism or other service appliance installed in connection with any vehicular service establishment may be placed within the required front yard, but in no case closer than 30 feet from any existing or ultimate street line or property line.
B. 
A vehicular service establishment shall have adequate fire extinguishers, ample no-smoking signs, adequate safety barriers from passing traffic, and any other safeguards deemed necessary for the public safety. Applicable fire protection permits shall be obtained and kept up-to-date throughout the operation of the vehicular service establishment.
C. 
Where otherwise permitted, all fuels utilized by a vehicular service establishment shall utilize underground storage tanks. Specifically, all underground storage tanks shall comply with all applicable regulations of the U.S. Environmental Protection Agency, the Pennsylvania Department of Environmental Protection, and Upper Uwchlan Township, including notification and registration requirements. If warranted, and as determined by the Township, the applicant may be required to place tanks in a concrete vault, install other impervious liners, and/or install monitoring devices.
D. 
Disposal of liquid and solid wastes, including but not limited to, that from surface runoff or from drainage within the vehicular service establishment, shall be in accordance, as applicable, with this chapter, Chapter 162, Subdivision and Land Development, and all applicable regulations of county, state, or federal agencies.
E. 
Design and operation of a vehicular service establishment subject to this section shall also be subject to all other applicable provisions, as amended, of this chapter and Chapter 162, Subdivision and Land Development, including, but not limited to, outdoor storage (§ 200-80 of this chapter), signs (Article XVI) and lighting (§ 200-79 of this chapter, § 162-58 of Chapter 162, Subdivision and Land Development,). In particular, the Township may specify screening to be provided in front of gasoline pumps, number and sizes of permitted signs, and permitted outdoor storage of materials and display of merchandise for sale.

§ 200-86 Modification of single-family residential front yard requirements.

[Amended 12-15-2003 by Ord. No. 03-05]
A. 
Where an unimproved lot is situated between two improved lots having on each a principal building within 100 feet of the side boundary line of such unimproved lot, which extends into the required front yard of each such improved lot and has been so maintained prior to the effective date of this chapter, the front yard depth of such unimproved lot may be the average depth of the front yards of such two adjacent improved lots, notwithstanding the yard requirements of the district in which it is located. However, in no case shall a front yard extension permitted under this section encroach within the legal right-of-way.
B. 
Where an unimproved lot adjoins only one improved lot having a principal building thereon within 100 feet of the common side lot line which extends into the required front yard of such improved lot and has been so maintained prior to the effective date of this chapter, the front yard depth of such unimproved lot may be the average depth of the front yard of such adjacent improved lot, and the front yard required in the district in which such unimproved lot is located, notwithstanding the yard requirements of such district. However, in no case shall a front yard extension permitted under this section encroach within the legal right-of-way.

§ 200-87 Projections into required yards.

[Amended 12-15-2003 by Ord. No. 03-05]
All required yard areas shall be unobstructed except as otherwise provided in this chapter and in the following cases:
A. 
Arbor; open trellis; flagpole; unroofed steps, terraces, patios, or decks; and, accessory buildings or structures providing such a projection shall be no closer than the setbacks required for accessory buildings or structures as established by the zoning district in which the lot is located. Any of these obstructions, accessory buildings, or accessory structures shall be subject to all other applicable provisions of this chapter. In no case shall a building or structure, or part of a building or structure, be located closer than three feet from a property line, except where permitted as a specific condition of approval in any applicable development plan (e.g., where two-family or multifamily dwellings are attached at the lot line or where "zero-lot-line" design is approved).
B. 
Roofed terraces, patios, canopies or awnings not included in the area calculation of a building may project into any yard a maximum of 15 feet, provided such a projection shall be no closer than the setback required for accessory structures or buildings in the district in which the lot is located.
C. 
Communication towers in accordance with § 200-91 of this chapter.
D. 
Pump, light standard, air tower, water outlet, or similar installation of a vehicular service establishment where otherwise permitted, but in no case closer to a right-of-way line than 18 feet.
E. 
Fences or walls, in accordance with and pursuant to § 200-88 of this chapter.
F. 
Signs, in accordance with and pursuant to Article XVI of this chapter.

§ 200-88 Fences and walls.

[Amended 12-15-2003 by Ord. No. 03-05]
The following regulations shall apply to all districts:
A. 
No fence or wall, except a retaining wall, or a wall of a building permitted under the terms of this chapter, over six feet in height, shall be erected within any required yards, unless that portion of the vertical plane of the fence or wall which exceeds six feet in height has a ratio of open area to solid area of at least 4:1. In no case shall a fence or wall exceed six feet in height in the front yard or eight feet in height in the side and rear yards, except for vegetative fences or the portions thereof that are greater than six feet or eight feet, as applicable.
B. 
No fence or wall shall be erected and no hedge, tree, shrub, or other vegetative growth shall be maintained which may obstruct required sight distance at street intersections, public streets, private roads, or driveways, in accordance with Chapter 162, Subdivision and Land Development, and with §§ 200-75H and 200-88A of this chapter.
C. 
All swimming pools, excluding portable or aboveground pools less than three feet in depth, shall be completely enclosed by a contiguous fence no less than four feet in height that completely surrounds the pool, that serves as a restricted barrier against trespass, and that is white or earth-tone in color. All swimming pool fences shall adhere to applicable building code regulations, and shall be maintained in good condition. A dwelling, accessory building, or other structure allowed by this chapter may be used as part of such enclosure. All gates and doors opening through any swimming pool enclosure shall be equipped with a self-closing and self-latching device for keeping such gate or door securely closed and latched at all times when not in use.
D. 
Fences or walls that are in conformance with all of the provisions of this and other applicable ordinances may be permitted within required setbacks.
E. 
Fences or walls shall not be located in drainage easements or drainage swales that are part of an approved stormwater management plan pursuant to applicable ordinances, in such a manner as to impede water flow within the easement or swale.
F. 
Where the foregoing provisions conflict with landscaping, buffer area, planting, or screening requirements of this and other Township ordinances, the Zoning Officer shall determine which ordinance applies.

§ 200-89 Federal and state owned property.

[Amended 12-15-2003 by Ord. No. 03-05]
Wherever federal or state owned land is located in the Township, its use or development shall be subject to provisions of this chapter, only insofar as not preempted by the Constitution and laws of the United States and the Commonwealth of Pennsylvania.

§ 200-90 Storage tanks.

[Amended 12-15-2003 by Ord. No. 03-05]
A. 
The following regulations shall apply to aboveground or underground tanks used for the storage of fuels, chemicals, water or any other liquids. See also § 200-80 of this chapter for the further regulation of aboveground storage tanks.
(1) 
Aboveground and underground storage tanks specifically exempted under Act 247, the Municipalities Planning Code, as amended, shall also be exempted from this chapter. If the exemption is for a storage tank proposed or used by a public utility or authority, the provisions of § 200-84 of this chapter shall apply.
(2) 
Underground storage tanks used at vehicular service establishments shall be subject to the provisions of § 200-85 of this chapter.
(3) 
All underground storage tanks not used at vehicular service establishments shall comply with all applicable regulations of the U.S. Environmental Protection Agency, the Pennsylvania Department of Environmental Protection, and Upper Uwchlan Township, including notification and registration requirements. If warranted, and as determined by the Township, the applicant may be required to place tanks in a concrete vault, install other impervious liners, and/or install monitoring devices.
(4) 
Any underground storage tanks, other than those used at vehicular service establishments, are allowed in only the C-3 Highway Commercial Zoning District or the L-1 Limited Industrial Zoning District as established by this chapter.
(5) 
Aboveground storage tanks are allowed only in the C-3 Highway Commercial Zoning District or the L-1 Limited Industrial Zoning District as established by this chapter and in all cases, shall comply with all applicable provisions of § 200-80 of this chapter.[1]
[1]
Editor's Note: Original § 1518, Steep Slope Conservation District, which immediately followed this subsection, was deleted 1-17-2006 by Ord. No. 06-01. See now § 200-107.

§ 200-91 Wireless communications facilities.

[Added 7-7-1997 by Ord. No. 97-05; amended 6-16-2014 by Ord. No. 2014-03]
A. 
General requirements for all tower-based wireless communications facilities. The following regulations shall apply to all tower-based wireless communications facilities (WCF):
(1) 
Standard of care. Any tower-based WCF shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related codes, including, but not limited to, the most recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, National Electrical Code, as well as the accepted and responsible workmanlike industry practices of the National Association of Tower Erectors. Any tower-based WCF shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property in the Township.
(2) 
Monopole design. All tower-based WCFs shall be monopoles.
(3) 
Wind. Any tower-based WCF shall be designed to withstand the effects of wind according to the standards designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association, and Telecommunications Industry Association (ANSFEINTIA-222-E Code, as amended). Further, due to local weather conditions, the tower-based WCF must be built to withstand one-hundred-mile-per-hour sustained winds with a uniform loading of 50 pounds, or short-duration gusts of up to 150 mph. An independent professional engineer registered in Pennsylvania shall attest to the proposed tower-based WCF structure's ability to meet this requirement and certify proper construction of the foundation and erection of the tower.
(4) 
Security. All tower-based WCFs shall have an integral security platform, or other means with locked access, to prevent unauthorized climbing of the tower.
(5) 
Height. Any tower-based WCF shall be designed at the minimum functional height and shall not exceed a maximum total height of 150 feet, which height shall include all subsequent additions or alterations. All applicants must submit documentation to the Township justifying the total height of the structure. Notwithstanding the above restriction, the height of the tower-based WCF may be increased to a maximum height of 200 feet provided that the following criteria are met:
(a) 
There are no inhabited structures or electrical transmission lines within a two-hundred-foot radius;
(b) 
The tower-based WCF is located a distance equal to the height of the tower from the nearest property line;
(c) 
The tower-based WCF must conform to all FAA regulations including lighting, if required; and
(d) 
The Board of Supervisors is assured that all health, safety, and welfare issues have been properly addressed.
(6) 
Public safety communications. No tower-based WCF shall interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties. If measurable interference does result from the installation and use of the tower-based WCF, the owner of the tower-based WCF shall take immediate appropriate measures to abate the interference or cease operation.
(7) 
Maintenance and inspections. The following maintenance requirements shall apply:
(a) 
Any tower-based WCF shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair.
(b) 
Proper maintenance shall be performed to ensure the upkeep of the facility and the power systems that for the facility including fuel storage in order to promote the safety and security of the Township's residents.
(c) 
At least annually the tower-based WCF and its appurtenances shall be inspected both visually and with the appropriate nondestructive testing techniques. The results of those tests and written certification of structural integrity by a registered professional engineer shall be provided annually to the Township. Any structural faults thus noted will be immediately corrected by the owner. Failure to provide proof of certified inspection is a violation of this chapter and may subject the owner to the violations and penalties in § 200-109 of this chapter.
(8) 
Radio frequency emissions. No tower-based WCF may, by itself or in conjunction with other WCFs, generate radio frequency emissions in excess of the standards and regulations of the FCC.
(9) 
Historic buildings or districts. No tower-based WCF may be located on a building or structure that is listed on either the National or Pennsylvania Registers of Historic Places or is defined as an "historic resource" pursuant to this chapter.
(10) 
Identification. All tower-based WCFs shall display a notice in a readily visible location identifying the name and phone number of a party to contact in the event of an emergency, subject to approval by the Township.
(11) 
Lighting. Tower-based WCFs shall not be artificially lighted, except as required by law and as may be approved by the Township.
(12) 
Appearance. Towers shall be galvanized and/or painted with a rust-preventive paint of an appropriate color or rust brown oxidized steel to harmonize with the surroundings.
(13) 
Noise. Tower-based WCFs shall be operated and maintained so as not to produce noise in excess of applicable noise standards under state law and in § 200-82F of this chapter, except in emergency situations requiring the use of a backup generator, where such noise standards may be exceeded on a temporary basis only.
(14) 
Aviation safety. Tower-based WCFs shall comply with all federal and state laws and regulations concerning aviation safety.
(15) 
Timing of approval. Within 30 calendar days of the date that an application for a tower-based WCF is filed with the Township, the Township shall notify the applicant in writing of any information that may be required to complete such application. All applications for tower-based WCFs shall be acted upon within 150 days of the receipt of a fully completed application for the approval of such tower-based WCF and the Township shall advise the applicant in writing of its decision. If additional information was requested by the Township to complete an application, the time required by the applicant to provide the information shall not be counted toward the one-hundred-fifty-day review period.
(16) 
Removal. In the event that use of a tower-based WCF is planned to be discontinued, the owner shall provide written notice to the Township of its intent to discontinue use and the date when the use shall be discontinued. Unused or abandoned WCFs or portions of WCFs shall be removed as follows:
(a) 
All unused or abandoned tower-based WCFs and accessory facilities shall be removed within six months of the cessation of operations at the site unless a time extension is approved by the Township.
(b) 
If the WCF and/or accessory facility is not removed within six months of the cessation of operations at a site, or within any longer period approved by the Township, the WCF and accessory facilities and equipment may be removed by the Township and the cost of removal assessed against the owner of the WCF.
(c) 
Any unused portions of tower-based WCFs, including antennas, shall be removed within six months of the time of cessation of operations. The Township must approve all replacements of portions of a tower-based WCF previously removed.
(17) 
Permit fees. The Township may assess appropriate and reasonable permit fees directly related to the Township's actual costs in reviewing and processing the application for approval of a tower-based WCF, as well as related inspection, monitoring and related costs.
B. 
Tower-based communications facilities outside the rights-of-way. The following regulations shall apply to tower-based wireless communications facilities located outside the rights-of-way:
(1) 
Permitted in the LI Limited Industrial District. Tower-based WCFs are permitted in the LI Limited Industrial District by conditional use of the Board of Supervisors.
(2) 
Gap in coverage. An applicant for a tower-based WCF must demonstrate that a significant gap in wireless coverage exists with respect to the applicant's operation in the applicable area and that the type of WCF being proposed is the least intrusive means by which to fill that gap in wireless coverage. The existence or nonexistence of a gap in wireless coverage shall be a factor in the Township's decision on an application for approval of tower-based WCF.
(3) 
Sole use on a lot. A tower-based WCF is permitted as a sole use on a lot subject to the minimum area and bulk requirements for the LI District.
(4) 
Combined with another use. A tower-based WCF may be permitted on a property with an existing use or on a vacant parcel in combination with another use permitted in the LI District subject to the following conditions:
(a) 
Minimum lot area. The minimum lot area shall comply with the requirements for the LI District and shall be the area needed to accommodate the tower-based WCF and guy wires, the equipment building, security fence, and buffer planting.
(b) 
Minimum setbacks. The tower-based WCF and accompanying equipment building shall comply with the setback requirements for the LI District, provided that no tower-based WCF shall be located within 500 feet of a lot with a residential use or a residential district boundary.
(5) 
Co-location. An application for a new tower-based WCF shall not be approved unless the Township finds that the wireless communications equipment planned for the proposed tower-based WCF cannot be accommodated on an existing or approved structure or building. Any application for approval of a tower-based WCF shall include a comprehensive inventory of all existing towers and other suitable structures within a one-mile radius from the point of the proposed tower, unless the applicant can show to the satisfaction of the Township that a different distance is more reasonable, and shall demonstrate conclusively why an existing tower or other suitable structure cannot be utilized.
(6) 
Design regulations.
(a) 
The WCF shall employ the most current stealth technology available in an effort to appropriately blend into the surrounding environment and minimize aesthetic impact. The application of the stealth technology chosen by the WCF applicant shall be subject to the approval of the Board of Supervisors as part of the conditional use.
(b) 
Any substantial change to an existing tower-based WCF shall require prior approval of the Township.
(c) 
Any proposed tower-based WCF shall be designed structurally, electrically, and in all respects to accommodate both the WCF applicant's antennas and comparable antennae for future users, including antenna for public safety needs by emergency responders.
(7) 
Soil report. The applicant shall submit a soil report to the Township complying with the standards of Appendix I: Geotechnical Investigations, ANSI/ETA 222-B, as amended, to document and verify the design specifications of the foundation of the tower-based WCF, and anchors for guy wires, if used.
(8) 
Fence/screen.
(a) 
A security fence having a maximum height of six feet shall completely surround any tower-based WCF, guy wires, or any building housing WCF equipment.
(b) 
The Board of Supervisors may also require the applicant to install an effective screen as defined in this chapter to further screen the tower-based WCF.
(9) 
Accessory equipment.
(a) 
Ground-mounted equipment associated to, or connected with, a tower-based WCF shall be underground unless the applicant can demonstrate to the satisfaction of the Township Engineer that the equipment cannot be located underground, in which case the ground-mounted equipment shall be screened from public view using stealth technologies, as described above.
(b) 
All utility buildings and accessory structures shall be architecturally designed to blend into the environment in which they are situated and shall meet the minimum setback requirements of the underlying zoning district.
(10) 
Additional antennae. The applicant shall allow and encourage other service providers to co-locate antennae on tower-based WCFs where technically and economically feasible. The owner of a tower-based WCF shall not install any additional antennae without obtaining a building permit from the Township.
(11) 
Bond. Prior to the issuance of a permit to construct a tower-based WCF outside of the ROW, the owner shall, at its own cost and expense, obtain from a surety licensed to do business in Pennsylvania and maintain a bond or other form of security acceptable to the Township Solicitor, in an amount of $100,000 to assure the faithful performance of the terms and conditions of this chapter. The bond shall provide that the Township may recover from the principal and surety any and all compensatory damages incurred by the Township for violations of this chapter after reasonable notice and opportunity to cure. The owner shall file the bond with the Township and maintain the same in effect for as long as the tower-based WCF exists.
C. 
Tower-based facilities in the rights-of-way. The following regulations shall apply to tower-based wireless communications facilities located in the rights-of-way:
(1) 
Permitted in the LI Limited Industrial District. Tower-based WCF are permitted in the ROW in the LI Limited Industrial District by conditional use of the Board of Supervisors.
(2) 
Gap in coverage. An applicant for a tower-based WCF must demonstrate that a significant gap in wireless coverage exists with respect to the applicant's operation in the applicable area and that the type of WCF being proposed is the least intrusive means by which to fill that gap in wireless coverage. The existence or nonexistence of a gap in wireless coverage shall be a factor in the Township's decision on an application for approval of tower-based WCFs in the ROW.
(3) 
Co-location. An application for a new tower-based WCF in the ROW shall not be approved unless the Township finds that the proposed wireless communications equipment cannot be accommodated on an existing structure, such as a utility pole or traffic light pole. Any application for approval of a tower-based WCF shall include a comprehensive inventory of all existing towers and other suitable structures within a one-mile radius from the point of the proposed tower, unless the applicant can show to the satisfaction of the Township that a different distance is more reasonable, and shall demonstrate conclusively why an existing tower or other suitable structure cannot be utilized.
(4) 
Time, place and manner. The Township shall determine the time, place and manner of construction, maintenance, repair and/or removal of all tower-based WCFs in the ROW based on public safety, traffic management, physical burden on the ROW, and related considerations. For public utilities, the time, place and manner requirements shall be consistent with the police powers of the Township and the requirements of the Public Utility Code.
(5) 
Equipment location. Tower-based WCFs and accessory equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, or to otherwise create safety hazards to pedestrians and/or motorists or to otherwise inconvenience public use of the ROW as determined by the Township. In addition:
(a) 
In no case shall ground-mounted equipment, walls, or landscaping be located within 18 inches of the face of the curb.
(b) 
Ground-mounted equipment that cannot be installed underground shall be screened, to the fullest extent possible, through the use of landscaping or other decorative features to the satisfaction of the Board of Supervisors.
(c) 
Required electrical meter cabinets shall be screened to blend in with the surrounding area to the satisfaction of the Township.
(d) 
Any graffiti on the tower or on any accessory equipment shall be removed at the sole expense of the owner within 30 business days of notice of the existence of the graffiti.
(e) 
Any underground vaults related to tower-based WCFs shall be reviewed and approved by the Township.
(6) 
Design regulations.
(a) 
The WCF shall employ the most current stealth technology available in an effort to appropriately blend into the surrounding environment and minimize aesthetic impact. The application of the stealth technology chosen by the applicant shall be subject to the approval of the Board of Supervisors.
(b) 
Any substantial change to an existing tower-based WCF shall require prior approval of the Township.
(c) 
Any proposed tower-based WCF shall be designed structurally, electrically, and in all respects to accommodate both the WCF applicant's antennas and comparable antennae or future users, including antenna for public safety needs by emergency responders.
(7) 
Additional antennae. The WCF applicant shall allow and encourage other service providers to co-locate antennae on tower-based WCFs where technically and economically feasible. The owner of a tower-based WCF shall not install any additional antennae without obtaining the prior written approval of the Township.
(8) 
Relocation or removal of facilities. Within 60 days following written notice from the Township, or such longer period as the Township determines is reasonably necessary or such shorter period in the case of an emergency, an owner of tower-based WCF in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any WCF when the Township, consistent with its police powers and applicable Public Utility Commission regulations, shall determine that such removal, relocation, change or alteration is reasonably necessary under the following circumstances:
(a) 
The construction, repair, maintenance or installation of any Township or other public improvement in the right-of-way.
(b) 
The operations of the Township or other governmental entity in the right-of-way.
(c) 
Vacation of a street or road or the release of a utility easement.
(d) 
An emergency as determined by the Township.
(9) 
Compensation for ROW use. Every tower-based WCF in the ROW is subject to the Township's right to fix annually a fair and reasonable compensation to be paid for use and occupancy of the ROW. Such compensation for ROW use shall be directly related to the Township's actual ROW management costs including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other ROW management activities by the Township. The owner of each tower-based WCF shall pay an annual fee to the Township to compensate the Township for the Township's costs incurred in connection with the activities described above. The annual ROW management fee for tower-based WCFs shall be determined by the Township and authorized by resolution of the Board of Supervisors and shall be based on the Township's actual ROW management costs as applied to such tower-based WCF.
(10) 
Bond. Prior to the issuance of a permit, the owner of a tower-based WCF in the ROW shall, at its own cost and expense, obtain from a surety licensed to do business in Pennsylvania and maintain a bond, or other form of security acceptable to the Township Solicitor, in an amount of $100,000 to assure the faithful performance of the terms and conditions of this chapter. The bond shall provide that the Township may recover from the principal and surety any and all compensatory damages incurred by the Township for violations of this chapter, after reasonable notice and opportunity to cure. The owner shall file a copy of the bond with the Township and maintain the same in effect for as long as the tower exists.
D. 
General requirements for all nontower wireless communications facilities. The following regulations shall apply to all nontower wireless communications facilities that do not substantially change the physical dimensions of the wireless support structure to which they are attached:
(1) 
Permitted in all zones subject to regulations. Nontower WCFs are permitted in all zones subject to the restrictions and conditions prescribed below and subject to the prior written approval of the Township.
(2) 
Standard of care. Any nontower WCF shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related codes, including, but not limited to, the most recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, and National Electrical Code. Any WCF shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property in the Township.
(3) 
Wind. Any nontower WCF structures shall be designed to withstand the effects of wind according to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association, and Telecommunications Industry Association (ANSFEINTIA-222-E Code, as amended).
(4) 
Public safety communications. No nontower WCF shall interfere with public safety communications or the reception of broadband, television, radio other communication services enjoyed by occupants of nearby properties. If measurable interference does result from the installation and use of the nontower WCF, the owner of the nontower WCF shall take immediate appropriate measures to abate the interference or cease operation.
(5) 
Aviation safety. Nontower WCFs shall comply with all federal and state laws and regulations concerning aviation safety.
(6) 
Radio frequency emissions. No nontower WCF may, by itself or in conjunction with other WCFs, generate radio frequency emissions in excess of the standards and regulations of the FCC.
(7) 
Removal. In the event that use of a nontower WCF is discontinued, the owner shall provide written notice to the Township of its intent to discontinue use and the date when the use shall be discontinued. Unused or abandoned WCFs or portions of WCFs shall be removed as follows:
(a) 
All abandoned or unused WCFs and accessory facilities shall be removed within three months of the cessation of operations at the site unless a time extension is approved by the Township.
(b) 
If the WCF or accessory facility is not removed within three months of the cessation of operations at a site, or within any longer period approved by the Township, the WCF and/or associated facilities and equipment may be removed by the Township and the cost of removal assessed against the owner of the WCF.
(8) 
Timing of approval. Within 30 calendar days of the date that an application for a nontower WCF is filed with the Township, the Township shall notify the applicant in writing of any information that may be required to complete such application. Within 90 calendar days of receipt of a complete application, the Township shall make its final decision on whether to approve the application and shall advise the applicant in writing of such decision. If additional information was requested by the Township to complete an application, the time required by the applicant to provide the information shall not be counted toward the Township's ninety-day review period.
(9) 
Permit fees. The Township may assess appropriate and reasonable permit fees directly related to the Township's actual costs in reviewing and processing the application for approval of a nontower WCF or $1,000, whichever is less.
E. 
The following regulations shall apply to all nontower wireless communications facilities that substantially change the wireless support structure to which they are attached:
(1) 
Permitted in all zones subject to regulations. Nontower WCFs are permitted in all zones subject to the restrictions and conditions prescribed below and subject to the prior written approval of the Township.
(2) 
Standard of care. Any nontower WCF shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related codes, including, but not limited to, the most recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, and National Electrical Code. Any WCF shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property in the Township.
(3) 
Wind. Any nontower WCF structures shall be designed to withstand the effects of wind according to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association, and Telecommunications Industry Association (ANSFEINTIA-222-E Code, as amended).
(4) 
Public safety communications. No nontower WCF shall interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties. If measurable interference does result from the installation and use of the nontower WCF, the owner of the nontower WCF shall take immediate appropriate measures to abate the interference or cease operation.
(5) 
Historic buildings. Nontower WCFs may not be located on a building or structure that is listed on either the National or Pennsylvania Registers of Historic Places or is defined as an "historic resource" pursuant to this chapter.
(6) 
Aviation safety. Nontower WCFs shall comply with all federal and state laws and regulations concerning aviation safety.
(7) 
Maintenance. The following maintenance requirements shall apply:
(a) 
The nontower WCF shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair.
(b) 
Such maintenance shall be performed to ensure the upkeep of the facility in order to promote the safety and security of the Township's residents.
(8) 
Radio frequency emissions. No nontower WCF may, by itself or in conjunction with other WCFs, generate radio frequency emissions in excess of the standards and regulations of the FCC.
(9) 
Removal. In the event that use of a nontower WCF is discontinued, the owner shall provide written notice to the Township of its intent to discontinue use and the date when the use shall be discontinued. Unused or abandoned WCFs or portions of WCFs shall be removed as follows:
(a) 
All abandoned or unused WCFs and accessory facilities shall be removed within three months of the cessation of operations at the site unless a time extension is approved by the Township.
(b) 
If the WCF or accessory facility is not removed within three months of the cessation of operations at a site, or within any longer period approved by the Township, the WCF and/or associated facilities and equipment may be removed by the Township and the cost of removal assessed against the owner of the WCF.
(10) 
Timing of approval. Within 30 calendar days of the date that an application for a nontower WCF is filed with the Township, the Township shall notify the applicant in writing of any information that may be required to complete such application. Within 90 calendar days of receipt of a complete application, the Township shall make its final decision on whether to approve the application and shall advise the applicant in writing of such decision. If additional information was requested by the Township to complete an application, the time required by the applicant to provide the information shall not be counted toward the Township's ninety-day review period.
(11) 
Bond. Prior to the issuance of a permit, the owner of each individual nontower WCF shall, at its own cost and expense, obtain from a surety licensed to do business in Pennsylvania and maintain a bond, or other form of security acceptable to the Township Solicitor, in an amount of $25,000 for each individual nontower WCF, to assure the faithful performance of the terms and conditions of this chapter. The bond shall provide that the Township may recover from the principal and surety any and all compensatory damages incurred by the Township for violations of this chapter, after reasonable notice and opportunity to cure. The owner shall file a copy of the bond with the Township and maintain the same in effect for as long as the nontower WCF exists.
(12) 
Permit fees. The Township may assess appropriate and reasonable permit fees directly related to the Township's actual costs in reviewing and processing the application for approval of a nontower WCF, as well as related inspection, monitoring and related costs.
F. 
Nontower wireless facilities outside the rights-of-way. The following additional regulations shall apply to nontower wireless communications facilities located outside the rights-of-way that substantially change the wireless support structure to which they are attached:
(1) 
Development regulations. Nontower WCFs shall be co-located on existing structures, such as existing buildings or tower-based WCFs subject to the following conditions:
(a) 
If the WCF applicant proposes to locate the communications equipment in a separate building, the building shall comply with the minimum requirements for the applicable zoning district.
(b) 
A six-foot-high security fence shall surround any separate communications equipment building.
(c) 
Vehicular access to the communications equipment building shall not interfere with the parking or vehicular circulations on the site for the principal use.
(2) 
Design regulations.
(a) 
Nontower WCFs shall employ stealth technology and be treated to match the supporting structure in order to minimize aesthetic impact. The application of the stealth technology chosen by the applicant shall be subject to the approval of the Board of Supervisors.
(b) 
Nontower WCFs, which are mounted to a building or similar structure, may not exceed a height of 15 feet above the roof or parapet, whichever is higher, unless the applicant obtains conditional use approval from the Board of Supervisors.
(c) 
All nontower WCF applicants must submit documentation to the Township justifying the total height of the nontower structure. Such documentation shall be analyzed in the context of such justification on an individual basis.
(d) 
Antennae, and their respective accompanying support structures, shall be no greater in diameter than any cross-sectional dimension than is reasonably necessary for their proper functioning.
(3) 
Noncommercial usage exemption. The design regulations enumerated in this subsection shall not apply to direct broadcast satellite dishes installed for the purpose of receiving video and related communications services at residential dwellings.
(a) 
Removal and replacement. The removal and replacement of nontower WCFs and/or accessory equipment for the purpose of upgrading or repairing the WCF is permitted, so long as such repair or upgrade does not increase the overall size of the WCF or the numbers of antennae.
G. 
Nontower wireless facilities in the rights-of-way. The following additional regulations shall apply to all nontower wireless communications facilities located in the rights-of-way:
(1) 
Co-location. Nontower WCFs in the ROW shall be co-located on existing poles, such as existing utility poles or light poles.
(2) 
Design requirements.
(a) 
WCF installations located above the surface grade in the public ROW including, but not limited to, those on streetlights and joint utility poles, shall consist of equipment components that are no more than six feet in height and that are compatible in scale and proportion to the structures upon which they are mounted. All equipment shall be the smallest and least visibly intrusive equipment feasible.
(b) 
Antennae and all support equipment shall be treated to match the supporting structure. WCFs and accompanying equipment shall be painted, or otherwise coated, to be visually compatible with the support structure upon which they are mounted.
(3) 
Compensation for ROW use. In addition to permit fees as described above, every nontower WCF in the ROW is subject to the Township's right to fix annually a fair and reasonable compensation to be paid for use and occupancy of the ROW. Such compensation for ROW use shall be directly related to the Township's actual ROW management costs including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other ROW management activities by the Township. The owner of each nontower WCF shall pay an annual fee to the Township to compensate the Township for its costs incurred in connection with the activities described above. The annual ROW management fee for nontower WCFs shall be determined by the Township and authorized by resolution of the Township Board of Supervisors and shall be based on the Township's actual ROW management costs as applied to such nontower WCF.
(4) 
Time, place and manner. The Township shall determine the time, place and manner of construction, maintenance, repair and/or removal of all nontower WCFs in the ROW based on public safety, traffic management, physical burden on the ROW, and related considerations. For public utilities, the time, place and manner requirements shall be consistent with the police powers of the Township and the requirements of the Public Utility Code.
(5) 
Equipment location. Nontower WCFs and accessory equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, or to otherwise create safety hazards to pedestrians and/or motorists or to otherwise inconvenience public use of the ROW as determined by the Township. In addition:
(a) 
In no case shall ground-mounted equipment, walls, or landscaping be located within 18 inches of the face of the curb.
(b) 
Ground-mounted equipment shall be located underground. In the event an applicant can demonstrate, to the satisfaction of the Township Engineer, that ground-mounted equipment cannot be installed underground, then all such equipment shall be screened, to the fullest extent possible, through the use of landscaping or other decorative features to the satisfaction of the Township.
(c) 
Required electrical meter cabinets shall be screened to blend in with the surrounding area to the satisfaction of the Township.
(d) 
Any graffiti on the tower or on any accessory equipment shall be removed at the sole expense of the owner within 30 business days of notice of the existence of the graffiti.
(e) 
Any underground vaults related to nontower WCFs shall be reviewed and approved by the Township.
(6) 
Relocation or removal of facilities. Within 60 days following written notice from the Township, or such longer period as the Township determines is reasonably necessary or such shorter period in the case of an emergency, an owner of a WCF in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any WCF when the Township, consistent with its police powers and applicable Public Utility Commission regulations, shall have determined that such removal, relocation, change or alteration is reasonably necessary under the following circumstances:
(a) 
The construction, repair, maintenance or installation of any Township or other public improvement in the right-of-way.
(b) 
The operations of the Township or other governmental entity in the right-of-way.
(c) 
Vacation of a street or road or the release of a utility easement.
(d) 
An emergency as determined by the Township.
H. 
Wireless communications facilities on Township-owned land. Tower-based wireless communications facilities and nontower wireless communications facilities may be permitted on land owned by the Township when conditional use approval has been granted by the Board of Supervisors in accordance with the provisions of this chapter and subject to the following additional criteria:
(1) 
Not more than one monopole shall be located on any one Township property identified by a separate tax parcel number.
(2) 
The Board of Supervisors may permit the monopole to be a maximum height of 150 feet, which height shall include all subsequent additions or alterations. All applicants must submit documentation to the Township justifying the total height of the structure. Notwithstanding the above restriction, the height of the tower-based WCF may be increased to a maximum height of 200 feet provided that the following criteria are met:
(a) 
There are no inhabited structures or electrical transmission lines within a two-hundred-foot radius;
(b) 
The tower-based WCF is located a distance equal to the height of the tower from the nearest property line;
(c) 
The tower-based WCF must conform to all FAA regulations including lighting, if required; and
(d) 
The Board of Supervisors is assured that all health, safety, and welfare issues have been properly addressed.
(3) 
In addition, when no tower is proposed, antenna(s) may be mounted on an existing building or structure owned and maintained by the Township, when approved by the Board of Supervisors, in which case they shall be constructed to simulate the architectural facade and/or color of the building, structure or object to which they are attached.
(4) 
For a tower-based wireless communications facility, all applicable standards in § 200-91A and B shall apply.
(5) 
For a nontower wireless communications facility, all applicable standards in § 200-91D, E and F shall apply.
(6) 
The location of the wireless communications facility on the property owned by the Township shall be at the absolute discretion of the Board of Supervisors which shall be approved as part of the conditional use application.
I. 
Public emergency services telecommunications facility. The following regulations shall apply to a public emergency services telecommunication facility, unless otherwise noted:
(1) 
A public emergency services telecommunication facility shall only be permitted in the LI Limited Industrial District by conditional use approval of the Board on property owned by the Township, the Municipal Authority, county, state or federal government or an agency of such governments.
(2) 
For a public emergency services telecommunication facility, all applicable standards in § 200-91A(1), (3), (4), (6), (7), (8), (9), (10), (11), (12), (13), (14), (15), (16) and (17) shall apply.
(3) 
For a public emergency services telecommunication facility, all applicable standards in § 200-91B(1), (3), (7), (9) and (10) shall apply.
(4) 
A public emergency services telecommunications antenna support structure may be either a self-supporting lattice structure or a monopole.
(5) 
A public emergency services telecommunications antenna support structure shall be designed at the minimal functional height and shall not exceed a maximum height of 325 feet, which height shall include all subsequent additions and/or alterations. All applicants to construct a public emergency services telecommunications antenna support structure must submit documentation to the Township justifying the total height of the structure. In addition, the public emergency services telecommunications antenna support structure must conform to all FAA regulations including lighting, if required.
(6) 
An applicant for a public emergency services telecommunications facility must demonstrate that the public emergency services telecommunications facility is used principally as part of a public county-wide emergency services communications network providing communications services to the emergency responders that serve Upper Uwchlan Township, Chester County, Pennsylvania, and other Chester County municipalities.
(7) 
Fence/screen:
(a) 
A security fence having a maximum height of eight feet shall completely surround any public emergency services telecommunications facility.
(b) 
The Board of Supervisors may also require the applicant to install an effective screen as defined in this chapter to further screen the public emergency services telecommunications facility.

§ 200-92 Amateur radio antennas, amateur radio stations and amateur radio support structures.

[Added 8-6-2001 by Ord. No. 01-06]
A. 
Authorization of use. Amateur Radio antenna and amateur radio antenna arrays, amateur radio stations and amateur radio support structures are hereby recognized as permitted accessory structures in the R-1, R-2, R-3 and R-4 zoning districts, pursuant to §§ 200-13E(1), 200-17C, 200-21C, and 200-27C, provided that the residence to which the amateur radio antenna station or support structure is accessory must be a single-family detached dwelling.
B. 
Amateur radio support structures and antennas must not exceed 60 feet above ground level, measured from the base of the support structure or other structure or building to which an amateur radio antenna or antenna array is attached.
C. 
Every amateur radio antenna, antenna array and amateur radio support structure shall be located to the rear of any residential building, and must be located on the same lot as the single-family detached dwelling to which it is accessory.
D. 
The amateur radio antennas support structure shall be made of corrosion-resistant material and shall be comparable with the following material list: Angel aluminum, stainless steel bolts and Kevlar cable-type guy wires.
E. 
All amateur radio antenna and amateur radio antenna support structures shall be located a distance from a parcel lot line not including any paved cartway or public or private street or right-of-way equal to 50% of the antenna's height as measured in Subsection B above. The construction or installation of an amateur radio antenna, antenna array, or amateur radio antenna support structure must be authorized by a properly issued building permit. All applications for such a building permit must be supported by appropriate engineering data confirming compliance with all regulations set forth in the building code in effect at the time of the application submission. The design of all amateur radio antenna support structures must incorporate such "anti-climbing" features or devices as may be necessary to reasonably prevent unauthorized individuals from climbing the structure.
F. 
All amateur radio antenna, antenna array and amateur radio support structures must be dismantled and removed from the subject property not later than 90 days from the date on which the antenna or support structure ceases to be used or from the date on which the operator of the amateur radio station using the antenna and/or support structure is no longer authorized by the FCC to operate an amateur radio station, or at time of use and occupancy should the buyer not be authorized by the FCC to operate an amateur radio station.
G. 
Application for building permit. An application for a building permit to authorize the construction, installation or attachment of an amateur radio antenna, antenna array, or an amateur radio support structure shall be signed by the parcel owner, and shall be supported by the following:
(1) 
A reasonably accurate site plan identifying the property boundary, location of existing buildings or structures and the proposed location of the antenna and/or support structure.
(2) 
A copy of the radio license issued by the FCC, which must be in the name of the applicant and subject parcel owner.
(3) 
Two copies of the construction and installation drawings and specifications (issued by the manufacturer of the components of the structures or attachments, or bearing the seal of a Commonwealth of a Pennsylvania-registered professional engineer).
(4) 
Appropriate confirmation from the manufacturer or engineer certifying that the antenna attachment and amateur radio support structure has been designed in accordance with the applicable provisions of the building code in effect at the time of the application.
H. 
The owner of the antennas shall inspect the antennas and support structures yearly. The Township has the right to conduct inspections as deemed necessary.