Township of Caln, PA Article IX Supplementary Regulations

§ 155-105 Statement of intent.

A. The purpose and objective of the provisions established under Article IX of this chapter is to establish specific supplementary regulations for residential and nonresidential land uses.

B. The provisions contained in Article IX of this chapter are intended to serve as minimum requirements to promote the public health, safety and the general welfare of the residents and property owners of Caln Township. The regulations shall supplement and not replace the provisions established within this chapter of the Code. Unless otherwise specified within this chapter and/or where the supplementary regulations contained within this article impose greater restrictions than those of any other statute, ordinance or regulation, the provisions established under this article shall prevail.

§ 155-106 Access to lots, buildings, structures and uses.

A. Every building and structure hereafter erected or moved shall be located on a lot adjacent to a public street or an approved private street. The buildings and structures shall be so located on the lots in such a manner to provide safe and convenient access for emergency vehicles and off-street parking.

B. More than one principal building may be erected on a single lot, provided that all lot and yard requirements, standards and other requirements of this chapter shall be met for each building as though it were on an individual lot and suitable access is provided to each principal building in the event of future subdivision of the lot.

[Amended 3-30-2006 by Ord. No. 2006-5]

§ 155-107 Accessory uses and structures.

A. The following provisions for accessory land uses and structures shall apply to residential uses within all zoning districts:

(1) No accessory building or structure for a residential use within the R-1, R-2, C-1, C-2 and I-1 Zoning Districts shall be permitted within a required front yard or side yard or within 10 feet of the rear lot line, except for fences, walls and signs as permitted by §§ 155-115 and 155-148 and except for ground-mounted solar photovoltaic systems as permitted by § 155-129.

[Amended 12-17-2007 by Ord. No. 2007-15; 9-12-2013 by Ord. No. 2013-06]

(2) No accessory building or structure for a residential use within the R-3, R-4, R-5 and TV-1 Zoning Districts shall be permitted within a required front or side yard or within five feet of the rear lot line, except for fences, walls and signs as permitted by §§ 155-115 and 155-148 of this chapter.

[Amended 12-17-2007 by Ord. No. 2007-15]

(3) Garages, porches, decks, terraces, patios and similar buildings or structures which are located within the rear yard of single-family semidetached dwellings, multifamily townhouse units and multifamily apartment units may be located along the common lot line, provided that they do not project onto another property and they are located at least three feet from the rear yard.

(4) No permanent residential accessory building or structure shall be constructed on any lot prior to the commencement of construction of the principal building to which it is accessory.

(5) Private noncommercial in-ground or aboveground swimming pools, which are designed to contain water with a total surface area greater than 100 square feet and a depth of 24 inches or more, shall be located at least 15 feet from the rear or side property lines and shall be entirely enclosed with permanent fence not less than four feet in height. The pool shall not occupy more than 50% of the minimum side or rear yard area in which it is located. In addition to the provisions of this chapter, other provisions specified by the Caln Township Code may apply for swimming pools.

(6) Private noncommercial in-ground or aboveground hot tubs or therapeutically spas, which are designed to contain water with a total surface area less than 100 square feet and a depth of 24 inches or more, shall be located at least 15 feet from the rear or side property lines, which shall be properly secured pursuant to the manufacturers specifications.

(7) Private noncommercial aboveground temporary pools, which could be inflated, erected and installed as a short-term or seasonal use and could be removed from the property at any given time, shall comply with all provisions for swimming pools, as specified by the Caln Township Code.

(8) Detached garages, greenhouses and other outbuildings are permitted as residential accessory uses provided they are located in a manner to comply with the building setback lines for the zoning district in which they are located. All such accessory uses shall be erected, enlarged and/or demolished in accordance with the Caln Township Code. The maximum span of any one side of a permitted detached garage, greenhouse and other outbuilding shall not exceed 36 feet in width and 25 feet in height.

(9) Paved terraces, patios or open porches are permitted as a residential accessory structure, provided that such terraces, patios or open porches comply with the following: they are not completely structurally enclosed; they are not located closer than 10 feet to any lot line (except a lot line which is the projection of a common wall); and they do not project into any required front yard.

(10) Private noncommercial tennis courts shall not be located closer than 15 feet from any property line.

(11) Private freestanding satellite receiving dishes or telecommunications devices shall be mounted at ground level and shall not be located closer than 10 feet from any property lines.

(12) Unless otherwise specified by this Code, the height of a residential accessory structure shall not exceed 25 feet in height.

(13) Utility sheds on a residential lot shall not exceed a cumulative floor area of 300 square feet.

(14) The keeping of domestic farm animals within an accessory structure is permitted, provided that all activities are in compliance with the Code and provided that the accessory structure is located in a manner to comply with the building setback lines for the zoning district in which it is located.

(15) Alternative energy systems, including windmills, solar energy panels, geothermal systems or other similar systems, shall be permitted as an accessory structure, provided they are located in a manner to comply with the building setback lines for the zoning district in which it is located.

(16) All man-made ponds, lakes, dams and impoundments as well as all stormwater management detention or retention ponds shall be permitted, provided they are located at least 20 feet from all property lines and are permitted by the appropriate agencies.

(17) Fences, walls and hedges shall comply with the provisions specified by § 155-115 of this Code.

B. The following provisions for accessory land uses and structures shall apply to nonresidential uses within all zoning districts:

(1) Storage facilities are permitted, provided that such facilities are located in areas which have direct access to a street or driveway. The outdoor storage of materials shall be screened from the view of adjacent properties.

(2) Living quarters are permitted only for proprietors, watchmen, caretakers or similar employees.

(3) Restaurants, cafeterias and/or recreational facilities are permitted, provided they are intended for the use of employees only, unless they are permitted as principal uses in the district in which they are constructed.

(4) Unless otherwise specified within this Code, all accessory buildings and structures shall be located in a manner to comply with the building setback lines for the zoning district in which they are located.

(5) No permanent nonresidential accessory building or structure shall be constructed on any lot prior to the commencement of construction of the principal building to which it is accessory.

(6) Unless otherwise specified by this Code, the height of a nonresidential accessory structure shall be the 30 feet in height.

(7) Alternative energy systems, including windmills, solar energy panels, geothermal systems or other similar systems, shall be permitted as accessory structures, provided they are located in a manner to comply with the building setback lines for the zoning district in which they are located.

(8) All man-made ponds, lakes, dams and impoundments as well as all stormwater management detention or retention ponds shall be permitted, provided they are located at least 20 feet from all property lines and are permitted by the appropriate agencies.

(9) Fences, walls and hedges shall comply with the provisions specified by § 155-115 of this Code.

§ 155-108 Residential conversions.

A. The Zoning Hearing Board may authorize as a special exception the conversion of any single-family detached dwelling into a dwelling for not more than two families, provided that the tract or lot is located within the R-4 Zoning District.

B. As part of the special exception application, the applicant shall demonstrate that the residential conversion shall comply with the following provisions:

(1) The minimum lot area per family shall not be reduced to less than the minimum lot area that is required for a single-family dwelling in the zoning district in which the residential conversion is located.

(2) The minimum and maximum dimensional requirements for the appropriate zoning district shall not be reduced.

(3) The residential uses are serviced by public sewage disposal facilities and public water supply facilities, whereas, separate utility connections are provided meeting the approval of the Caln Township Municipal Authority.

(4) The residential conversion shall take place within a building capable of accommodating two families. The applicant shall demonstrate that the building has relatively little economic value or usefulness as a single-family detached dwelling.

(5) The building can be altered and improved to comply with all building code requirements. The applicant shall provide documentation to the Zoning Hearing Board, Zoning Officer, Code Enforcement Officer and Sewage Enforcement Officer that all plumbing, heating, electrical, sanitary sewer, storm sewer and similar facilities comply with all applicable ordinances, regulations and laws of Caln Township and/or the Commonwealth of Pennsylvania.

(6) Each residential unit shall contain independent washing and bathing facilities as well as a complete kitchen with cooking facilities to accommodate the tenants.

(7) At least four off-street parking spaces are provided which are designed to comply with the provisions of Article X of this chapter.

(8) There shall be no external alterations of the building, unless it is required for safety, structural durability, accessibility, architectural enhancement or as permitted by Caln Township.

C. If the residential conversion is permitted, the Zoning Hearing Board may prescribe such further conditions with respect to the conversion and use of such building as it deems appropriate.

D. All residential conversions shall be subject to an annual inspection by the Caln Township Zoning Officer, Code Enforcement Officer, Sewage Enforcement Officer and/or Municipal Authority.

§ 155-109 Home occupation regulations.

A. For the purposes of this Code, home occupations shall include the following two categories:

(1) Category 1 home occupations. A business or commercial activity administered or conducted as an accessory use which is clearly secondary to the use as a residential dwelling and which involves no customer, client or patient traffic (whether vehicular or pedestrian), pickup, delivery or removal functions to or from the premises in excess of those normally associated with a residential use. A "Category 1 home occupation" shall be synonymous with a "no-impact home-based business," as defined by the Pennsylvania Municipalities Planning Code.

(2) Category 2 home occupations. A business or commercial activity administered or conducted as an accessory use which is clearly secondary to a single-family residential dwelling and which involves some customer, client or patient traffic (whether vehicular or pedestrian), pickup, meeting location, delivery or removal functions to or from the premises in excess of those normally associated with a residential use.

B. Category 1 home occupations shall be permitted by right in the R-1, R-2, R-3, R-4, R-5, TV-1, C-1, C-2 and I-1 Zoning Districts, subject to the following requirements:

(1) The home occupation shall be conducted within an approved residential dwelling unit which complies with the minimum and maximum dimensional requirements of the zoning district to which the use is located.

(2) The home occupation shall be conducted only within the dwelling and may not occupy more than 25% of the gross floor area of the residential dwelling unit.

(3) The home occupation shall include only lawful uses which shall be clearly secondary to the residential use and shall be compatible with surrounding residential uses.

(4) The home occupation shall employ no employees other than family members residing in the dwelling.

(5) There shall be no visual display or sale of retail goods.

(6) There shall be no stockpiling, storage or inventory of products of a substantial nature.

(7) There should be no outside appearance of a business use, including, but not limited to, parking, signs or lights.

(8) The home occupation may not use any equipment or process which creates noise, vibration, glare, fumes, odors, electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood.

(9) The home occupation may not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use in the neighborhood.

C. Category 2 home occupations shall be permitted by right within the R-1, R-2, R-3, TV-1, C-1 and C-2 Zoning Districts, subject to the following requirements:

(1) The home occupation shall be conducted within an approved single-family detached dwelling unit which complies with the minimum and maximum dimensional requirements of the zoning district to which the use is located.

(2) The home occupation shall be conducted only within the dwelling or an approved accessory structure which may not occupy more than 25% of the gross floor area of the single-family detached residential unit or no more than 500 square feet of an accessory structure.

(3) The home occupation shall include only lawful uses which shall be clearly secondary to the residential use and shall be compatible with surrounding residential uses. The exterior appearance shall be maintained as a single-family detached residential use.

(4) The home occupation shall be limited to the family members residing within the dwelling, plus two additional persons to provide support services and assistance.

(5) There shall be no visual display or sale of retail goods.

(6) There shall be no stockpiling, storage or inventory of products of a substantial nature.

(7) The home occupation may not use any equipment or process which creates noise, vibration, glare, fumes, odors, electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood.

(8) No manufacturing, repairing or other mechanical work shall be performed in any open area. All such activities shall be conducted in such a manner that they are not detectable or noticeable at or beyond the property line.

(9) The home occupation may not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use in the neighborhood.

(10) No more than one home occupation shall be permitted per residential unit.

(11) An off-street parking area shall be provided to meet the following requirements: two parking spaces shall be provided for the residential use; one parking space shall be provided for each employee not residing within the dwelling; and no more than two parking spaces shall be provided for guests or patrons. The maximum number of off-street parking spaces shall be limited to six parking spaces, which shall not include any garage spaces and shall be designed to comply with the appropriate provisions of Article X of this chapter.

(12) A sign displaying the name and address of the home occupation may be permitted, subject to the following requirements: no more than one such sign shall be erected on the lot; the area of the sign shall not exceed two square feet in size; and the sign shall be either fixed flat on the main wall of the building or may be erected in the front yard, but not within 10 feet of the cartway.

§ 155-110 Height exceptions.

A. Unless otherwise specified within this Code, the building height limitations contained within this chapter shall not apply to chimneys, spires, belfries, cupolas, farm buildings, silos, greenhouse ventilators, antennas (not in combination with support towers), water tanks, solar energy collectors, windmills and other similar appurtenances which are usually required to be placed above the roof level, provided they are not intended for human occupancy.

B. The projection of the exempted structures specified within § 155-110A may be increased to a maximum height of 50 feet, provided that the height of the exempted structure is not greater than the distance to any property line, as measured from the exempted structure to any property line.

C. The height exceptions specified within this section shall be consistent with the provisions specified by state and federal aviation laws. Where conflicts should arise, the provisions of the state or federal aviation law shall be upheld.

§ 155-111 Front yard and lot width exceptions.

A. When an unimproved lot is situated between two improved lots with front yard dimensions less than those required for the zoning district in which the unimproved lot is located, the front yard required for the unimproved lot may be reduced to a depth equal to the average of the two adjoining lots; provided, however, that this provision shall only apply in such cases where the improved lots in question are improved as of the time of the adoption of the ordinance and the improvements are located within 100 feet of the unimproved lot. For the purpose of this section, an unimproved lot shall be the same as a vacant lot and an improved lot shall be one on which a principal building is erected.

B. Unless otherwise specified by this Code, all residential and nonresidential lots shall comply with the appropriate minimum lot width requirement for that use in the zoning district to which it is located, as measured at the street line, legal right-of-way line, ultimate right-of-way line (where it exists) and the building setback line. The following lot width exceptions shall be permitted:

(1) Where single-family residential lots are created along the bulb of a cul-de-sac street, the minimum lot width may be reduced by 25% of the required lot width at the street line, provided that the minimum lot width requirement is established at the building setback line, as measure from the street right-of-way line to a point equivalent to the front yard setback requirement, which is specified by the appropriate zoning district in which the single-family detached dwelling is located. In no case shall there be more than four single-family lots located along the bulb of a cul-de-sac street.

(2) Where single-family residential lots are created along a street curve with a horizontal radius exceeding 150 feet, as measured along the street center line, the minimum lot width may be reduced by 25% of the required lot width, provided that the minimum lot width requirement is established at the building setback line, as measure from the street right-of-way line to a point equivalent to the front yard setback requirement, which is specified by the appropriate zoning district in which the single-family detached dwelling is located. The side lot lines should be established at 90° angles to the street line tangents or radial to the street line curves.

§ 155-112 Flag lots or key hole lots.

A. Flag lots or key hole lots are permitted as single-family detached lots within the R-1, R-2 and R-3 Zoning Districts, subject to the following provisions:

(1) Flag lots shall only be permitted within residential developments containing 10 or fewer lots which are designed to accommodate single-family detached dwelling units.

(2) No more that two flag lots shall be permitted as a result of the overall subdivision and/or cumulative phases of the development. In all cases, the applicant must demonstrate that the following site conditions exist:

(a) The tract of land cannot be subdivided in a manner to comply with the minimum lot width and area requirements for the zoning district in which the flag lot is located.

(b) The tract of land represents the total contiguous land area owned by the applicant.

(c) The tract of land cannot be further subdivided in the future by normal or typical design.

(d) The tract of land cannot be properly subdivided due to the presence of certain physical or environmental development constraints associated with the site.

(e) The configuration of the proposed lots will not limit the potential for development on adjacent tracts of land in the future.

B. If the applicant demonstrates that the site conditions are amenable to the development of a flag lot, the subdivision shall be designed considering the following requirements:

(1) The access strip or stem of the flag lot shall be designed in accordance with the following requirements:

(a) The access strip or stem of the flag lot shall be owned fee simple and extended from an existing public street to the rear property line of the flag lot.

(b) The width of the access strip or stem shall be a minimum of 50 feet. Additional width may be required by Caln Township in order to overcome problems associated with slope, drainage and/or sedimentation.

(c) A ten-foot-wide buffer strip shall be provided along both sides of the access strip or stem. The buffer strip shall be sufficiently landscaped in accordance with the provisions specified under § 155-119 of this Code.

(d) The fifty-foot-wide access strip or stem shall be utilized as a future right-of-way to permit the construction of a public or private street. If additional lots are created and/or if additional lots utilize the access strip or stem for ingress and egress purposes, the fifty-foot-wide access strip shall be improved to comply with the design standards and specifications for a public street.

(2) The net lot area for each flag lot shall meet or exceed the minimum lot area for the zoning district to which the flag lot is located. The area of the access strip or stem shall not be included as part of the net lot area for the flag lot.

(3) The building setback line for the flag lot shall meet the minimum required setback dimensions for the zoning district in which the flag lot is located. The setback lines shall be established at the flag portion of the lot. The front yard depth or setback shall be measured from the access strip or stem (extended through the lot) and from the rear property line. All other setback requirements shall comply with the rear yard setback provisions.

(4) The driveway serving the flag lot shall comply with all pertinent standards and specifications for driveways, as specified by the Caln Township Code and by the Pennsylvania Department of Transportation. Unless otherwise permitted by the Caln Township Board of Commissioners, common driveways shall be prohibited as part of a flag lot design.

C. Unless the site conditions change as a result of improved roads and/or the reestablishment of lot frontages, flag lots may not be further subdivided or developed for any other purpose.

D. If the tract of land contains any residue or undeveloped land area, the applicant shall submit a sketch plan depicting how the remaining area will be developed or perpetually preserved as open space.

§ 155-113 Visibility at street intersections.

A. Clear sight triangles shall be provided at all street intersections. Within such triangles, nothing, except permitted street signs, traffic lights or signs, utility poles and mail boxes, which impedes vision between a height of 2 1/2 feet and 10 feet above the center line grades of the intersecting streets shall be erected, placed, planted or allowed to grow. Such triangles shall be established as follows:

(1) For intersections involving a minor street, the dimension of the clear sight triangle shall be established for a distance of 75 feet, as measured from the middle of the intersection or where the center lines of the intersecting streets cross.

(2) For intersections involving a collector street, the dimension of the clear sight triangle shall be established for a distance of 100 feet, as measured from the middle of the intersection or where the center lines of the intersecting streets cross.

(3) For intersections involving an arterial street, the dimension of the clear sight triangle shall be established for a distance of 150 feet, as measured from the middle of the intersection or where the center lines of the intersecting streets cross.

B. The functional classifications of all existing streets within Caln Township are identified within the Caln Township Comprehensive Plan, as adopted in December of 2003.

C. No fence, wall and/or hedge shall be erected or planted within or encroaching upon the legal or ultimate street right-of-way.

§ 155-114 Corner lot restrictions and requirements.

A. For all corner lots, as defined under Article II of this chapter, the minimum lot width and front yard setback requirements of the zoning district to which the corner lot is located shall be applied to each street on which the corner lot has frontage.

B. In cases in which a preexisting lot of record is changed or converted into a corner lot, as the result of an adjacent subdivision or land development, the front yard of the preexisting lot shall only be established along the public street to which it originally had frontage and access. All other setback requirements shall conform with the appropriate side and rear yard setback requirements for the zoning district to which the preexisting lot is located.

C. All corner lots shall comply with the provisions established for visibility at street intersections, as provided under § 155-113 of this Code.

§ 155-115 Fences, walls and hedges.

A. Fences, walls and/or hedges may be permitted within and along the periphery of any required yard provided:

(1) No fence, wall and/or hedge shall be erected or planted within or encroaching upon the legal or ultimate street right-of-way or floodway. No fence, wall and/or hedge shall be erected or planted within or encroaching upon a utility easement or drainage easement unless the easement agreement which creates the easement specifically allows such encroachment.

[Amended 12-17-2007 by Ord. No. 2007-15]

(2) No fence, wall and/or hedge shall be erected in any manner that obstructs a clear line of sight or vision from a driveway or street intersection.

(3) Unless otherwise specified by this Code, fences which are erected within a required front yard shall not exceed the installed height of three-rail post and rail fence (five feet) regardless of the type of fence installed, and shall maintain a minimum one to one ratio of open areas to structural members (for example, picket wrought iron fence and post and rail fence). A wall within the front yard shall not exceed four feet.

(4) Unless otherwise specified by this Code and with the exception of a tennis court fence, all fences and walls within the required side yard or rear yard shall not exceed a maximum height of six feet on any lot.

(5) Fences and walls shall be constructed so as to place structural members toward the property being enclosed by the fence, thereby presenting the best appearance towards adjacent property.

(6) Fences which are erected in residential zoning districts may be comprised of the following materials: wood; split rail; wrought iron; vinyl; a combination of the aforementioned materials; or other materials which, in the discretion of the Zoning Officer, are recognized as standard materials utilized for residential fencing.

(7) Fences which are erected in the nonresidential zoning districts or for nonresidential uses may be comprised of the following materials: wood; split rail; wrought iron; vinyl; chain link; a combination of the aforementioned materials; or other materials which, in the discretion of the Zoning Officer, are recognized as standard materials utilized for nonresidential fencing.

(8) Walls may be comprised of the following materials: decorative concrete block (such as E.P. Henry, Mesa, Keystone); brick; stone; concrete with a brick or stone veneer; or other materials which, in the discretion of the Zoning Officer, are recognized as suitable industry standards.

(9) No razor, barb wire or glass shards shall be placed upon a fence or wall in a residential zoning district.

(10) The use of razor or barb wire fencing shall only be utilized as part of a security fence for nonresidential uses within nonresidential districts.

(11) An existing fence or wall replaced in its entirety shall comply with the provisions established within this chapter of the Code.

(12) Ordinary and normal maintenance and/or repairs of a fence or wall in any zoning district shall not require the issuance of a permit. Otherwise, a permit shall be required for any fence installation or wall construction, as specified by this Code.

(13) Any fence or wall which, in the judgment of the Zoning Officer, is unsafe, dangerous or a threat to the public health, safety and/or welfare shall be removed, repaired or replaced as determined necessary by the Zoning Officer at the expense of the property owner.

(14) Fences or walls erected on property that is dedicated to private or public open space shall comply with the provisions established under this chapter of the Code.

B. The following wall and fences shall be exempt from the provisions established under § 155-115 of this chapter of the Code:

(1) Fences and walls used for agricultural and recreational purposes to contain livestock, provided that they do not hinder visibility or pose a threat to the public health, safety or welfare.

(2) Fences and walls of an historic nature which are accessory to an officially designated historic structure.

(3) Buried electronic fences used to control pets, provided that they do not emit radiation which would pose a threat to the public health, safety or welfare.

C. In situations where the property line is in doubt, the Zoning Officer may require the property owner to have a professional land surveyor determine and mark the precise limits of the property line in question.

§ 155-116 Projections into yards.

A. The following projections shall be permitted into required yards and shall not be considered in the determination of the lot coverage requirements:

(1) A lawful building erected prior to the effective date of this chapter which encroaches into the required side yard established for that district may be further extended into the rear yard, provided that the building extension is contiguous to the existing building and provided that the building extension maintains at a minimum the rear yard setback established for that zoning district.

(2) A porch abutting the frontage of a building, not exceeding 20 feet in height nor 16 feet in width, may be extended by not more than five feet into the front yard with unenclosed sides except for two columns which support a roof limited to the dimensions of the porch, plus an eighteen-inch projection on any side for cornices, eaves or gutters.

(3) A porch abutting the side of a building, not exceeding 20 feet in height nor 16 feet in width, may be extended by not more than five feet into the side yard with unenclosed sides except for two columns which support a roof limited to the dimensions of the porch, plus an eighteen-inch projection on any side for cornices, eaves or gutters. In such cases, the porch shall be located at least five feet from the property line.

(4) Porches, decks, terraces or patios located within the rear yard of single-family semidetached dwellings, multifamily townhouse units and multifamily apartment units may be located along the common lot line, provided that they do not project into the rear yard.

(5) A porch, deck, terrace or patio, which does not extend above the first floor elevation of the building, may be constructed into the required rear yard for a distance of not more than 10 feet.

[Amended 8-10-2006 by Ord. No. 2006-9]

(6) A carport may be erected over an existing driveway, provided that the carport is located in a manner to comply with all setback requirements for that zoning district.

(7) A buttress, chimney, cornice, pier or pilaster of a building may project not more than two feet into a required yard setback.

(8) Open balconies, steps, fire escapes, bilco door units, basement door units, bay windows, eaves, window sills and other similar architectural features or structures may project into the required yard, provided that such features shall project no more than five feet into any required yard. In all such cases, the projection shall not be located closer than five feet to a property line.

B. In situations where the property line is in doubt, the Zoning Officer may require the property owner to have a professional land surveyor determine and mark the precise limits of the property line in question.

§ 155-117 Development along existing public roads.

A. Where determined appropriate by Caln Township and/or the Pennsylvania Department of Transportation, accessibility to a public street may be restricted, limited or required by one or more of the following methods:

(1) Provisions of marginal access street or internal street system to provide proper frontage for the proposed lots, which shall be designed, located and constructed in accordance with the appropriate provisions established by Caln Township.

(2) Provisions of marginal access street or internal street system to provide rear access for the proposed reverse frontage lots, which shall be designed, located and constructed in accordance with the appropriate provisions established by Caln Township.

(3) The restriction of ingress and egress involving specific turning movements onto or off of a collector street or arterial street.

B. Private streets shall be prohibited unless they are designed, located and constructed in accordance with the provisions of a minor street, as established by Caln Township.

C. Where a subdivision or land development application abuts or contains an existing street of inadequate right-of-way width or cartway width, the applicant shall dedicate additional right-of-way and improve the cartway to conform with the provisions of the Code or as directed by the Planning Commission and Board of Commissioners.

D. Where a subdivision or land development application abuts an existing street of inadequate horizontal and/or vertical alignment, the applicant shall dedicate additional right-of-way and improve the street segment to conform with the provisions of the Code or as directed by the Planning Commission and Board of Commissioners.

§ 155-118 Common open space.

A. The overall intent of these provisions is to supplement and not replace the provisions identified in those zoning districts where the designation of open space is explicitly applicable and further to identify related use regulations and performance for land to be held for recreational use and/or for conservation, preservation or enhancement of natural and cultural resources. These provisions are designed to:

(1) Provide an effective means for identifying, organizing and maintaining open space.

(2) Provide for necessary active and passive recreation areas to complement existing open space and recreational uses.

(3) Preserve the natural and environmental resources while maintaining ecological stability by encouraging the preservation of floodplains; limiting the development of very steep slopes; protecting the quality of existing watercourses, ponds, lakes and other water bodies, including riparian buffers; encouraging the preservation of groundwater resources through the provision of open space areas for groundwater recharge; and avoiding the disruption of woodland and forest areas.

[Amended 9-29-2005 by Ord. No. 2005-12]

(4) Encourage the preservation of existing and potential agricultural land through the identification and use of open space lands which are suited for agricultural production, particularly prime agricultural land.

(5) Preserve historic and cultural resources by promoting the preservation of significant historical and cultural sites and structures as open space; protecting the character of historic and cultural sites and structures by encouraging the designation of surrounding land as open space; and by implementing the Caln Township Comprehensive Plan.

B. All land and water areas designated as common open space within Caln Township shall comply with the following provisions:

(1) All residential developments requiring common open space, as specified under Article VII of this chapter, shall comply with the appropriate provisions established under Article VII of this chapter.

(2) All nonresidential developments requiring common open space, as specified under Article VIII of this chapter, shall comply with the appropriate provisions established under Article VIII of this chapter.

(3) Where residential or nonresidential developments do not specifically require common open space, as defined under Articles VII and VIII of this chapter, the residential or nonresidential development shall be subject to the provisions established under this section of the Code as well as those other applicable provisions established by Caln Township.

(4) The requirements for common open space, as specified under this chapter of the Code, does not relieve any person, applicant or developer from the mandatory requirements for dedication of open space for recreation purposes or recreation impact fees in lieu of land dedication, or any combination thereof, as permitted under the provisions of the Pennsylvania Municipalities Planning Code and as adopted by Caln Township.

(5) All areas designated as common open space shall be subject to the review of the Caln Township Planning Commission and Caln Township Parks and Recreation Board.

C. The following uses shall be permitted within areas designated as common open space:

(1) Recreation uses, subject to the provisions of § 155-90 of this Code.

(2) Conservation uses or areas to preserve woodland and forest areas, lakes, ponds, streams, floodplains, wetlands and other related landscape features.

(3) Agricultural uses, subject to the provisions of § 155-89 of this Code.

(4) Municipal uses, subject to the provisions of § 155-94 of this Code.

(5) Culturally and/or historically significant uses, as determined appropriate by the Board of Commissioners.

(6) All other principal and accessory uses which are considered appropriate for a permitted residential development, as further defined and specified under the appropriate sections of Article VII of this chapter.

(7) All other principal and accessory uses which are considered appropriate for a permitted nonresidential development, as further defined and specified under the appropriate sections of Article VIII of this chapter.

(8) Utility services and stormwater management facilities which are necessary to accommodate the residential or nonresidential development.

D. The land and water areas designated as common open space shall comply with the following standards and specifications:

(1) The minimum area required or the percentage of the gross area to be set aside as common open space shall meet or exceed the requirement established by this Code.

(2) No more than 50% of the common open space shall be located on lands within areas that are located within the one-hundred-year floodplain, areas delineated as wetlands and/or areas with a slope of 20% or greater.

[Amended 9-29-2005 by Ord. No. 2005-12]

(3) No more than 50% of the common open space shall include land areas that are burdened by or are proposed to contain utilities easements and/or stormwater management facilities, as further described under Caln Township Code.

(4) The common open space shall be planned and located as a contiguous accessible area within the development. Existing and/or proposed roads may bisect the areas designated as common open space, provided a crosswalk at grade is safely designed to link the common open space areas. Planned linkages to other areas designated as common open space shall be considered as part of the application.

(5) Significant natural features shall be incorporated into the overall schematic of the design as common open space areas whenever possible.

(6) A system for pedestrian circulation throughout the development shall be provided by utilizing sidewalks and trails.

(7) The total land area designated to comply with the minimum open space requirements shall be comprised of areas not less than 50 feet in width and shall not contain less than one contiguous acre of land. In addition, there shall be at least one designated common area that is contiguous within the development containing no less than 25% of the required common open space.

E. The following provisions shall apply to the ownership and maintenance of the areas designated as common open space:

(1) For all common open spaces, satisfactory written agreements approved by the Board of Commissioners shall be executed as a declaration of easements, covenants and restrictions in perpetuity for the preservation of the common open spaces and shall be recorded with the Chester County Recorder of Deeds.

(2) The applicant or developer shall make arrangements, provisions and/or agreements to insure that the common open space shall continue to be adequately managed and maintained. The applicant or developer shall have the following options for ownership, management and maintenance of the common open space:

(a) Dedicate the land encompassing the common open space to a homeowners' association which is comprised of all the residents of the development;

(b) Dedicate the land encompassing the common open space to Caln Township, who shall have the option to accept or refuse the land offered for dedication; or

(c) Dedicate the land encompassing the common open space to a conservation organization, as determined appropriate by the Board of Commissioners.

(3) The selected options for the ownership, management and maintenance of the land and water areas which are designated as common open space shall be subject to the review by the Caln Township Solicitor and subject to the approval of the Board of Commissioners.

F. The provisions specified herein for common open space do not relieve the applicant of other requirements for open space and recreation, as specified with the Caln Township Code, with which the applicant shall comply.

§ 155-119 Landscaping.

A. Where zoning district or development regulations require buffer yards, screening and/or planting strips, the applicant shall prepare and submit a landscaping plan to comply with the following provisions:

(1) The landscaping plan shall show the following information: the location and arrangement of each buffer yard; the species, placement and size of all plant material selected; the type, placement and size of all fences to be placed in such buffer yards; and the type and density of planting which shall adequately provide the screening effect required.

(2) The plant materials utilized shall be selected from the approved list, which is identified under § 155-119D of this chapter.

(3) All plant materials shall be permanently maintained, and any plant material which does not live shall be replaced.

(4) Any portion of a site which is not utilized for buildings, accessory structures, loading or parking spaces, aisles, sidewalks and designated storage areas shall be planted with an all-season ground cover and shall be landscaped according to an overall plan.

(5) All buffer yards shall be maintained and kept clean of debris, rubbish, weeds and tall grass.

(6) If permitted by the Planning Commission and Board of Commissioners, natural berms may be provided as a buffer yard. The applicant shall demonstrate that the soil type, hydrology, topography and selected landscaping material are appropriate for the area in which the buffer yard is to be located. All such natural berms shall be properly graded to a maximum side slope ratio of 4:1. The natural berms shall be properly stabilized by the developer in accordance with the standards specified by Caln Township and the Chester County Conservation District.

(7) As part of the application phase for a subdivision plan, land development plan or conditional use, the Board of Commissioners shall have the right to modify or consider alternatives to any of the above specifications if the applicant can demonstrate that the existing conditions of the site exceeds all applicable requirements listed under § 155-119 of this chapter.

B. Unless otherwise specified by the provisions of this Code, a landscaping plan shall be prepared and submitted for the following subdivision and land development plan applications:

(1) All residential developments containing 10 or more dwelling units.

(2) All nonresidential developments containing more than one gross acre of land.

(3) Where zoning district or development regulations require buffer yards, screening and/or planting strips.

(4) All residential developments requiring landscaping plans, as specified under Article VII of this chapter.

(5) All nonresidential developments requiring landscaping plans, as specified under Article VIII of this chapter.

C. Where landscaping plans are required, the following provisions shall be incorporated as part of the design:

(1) The plant materials utilized shall be selected from the approved list specified under § 155-119D of this chapter.

(2) The landscaping plan shall show the type, size and arrangement of all species selected.

(3) Conventional residential developments containing single-family detached dwelling units and/or single-family semidetached dwelling units shall provide a minimum of two selected canopy, flowering or evergreen trees per lot. The overall development shall contain at least three selected canopy, flowering and/or evergreen trees per gross acre, which may be planted as either street trees, as part of the interior portion of the lot, as part of the buffer yard or within areas designated as open space.

(4) Townhouse developments shall provide a minimum of three selected canopy, flowering or evergreen trees per lot which may be planted as either street trees, as part of the buffer yard or within areas designated as open space. Apartment buildings shall provide a minimum of one selected canopy, flowering or evergreen trees per dwelling unit which may be planted as either street trees, as part of the buffer yard or within areas designated as open space.

[Amended 7-28-2011 by Ord. No. 2011-06]

(5) Single-family residential cluster developments and age qualified or continuing care retirement communities shall provide a minimum of three selected canopy, flowering or evergreen trees per lot, which may be planted as either street trees, as part of the buffer yard or within areas designated as open space.

(6) Nonresidential developments shall provide a minimum of three selected canopy, flowering and/or evergreen trees per gross acre.

(7) All selected trees shall be planted a minimum of 10 feet outside of the legal right-of-way of all existing and proposed streets.

(8) All selected plant or tree materials shall be located so as not to interfere with the installation and maintenance of sidewalks, drainage facilities and/or utilities.

(9) The strategic placement of trees throughout the development to serve as a buffer against the wind and sun is encouraged for energy conservation purposes.

(10) All plant materials shall be located so as not to create a potential traffic hazard.

(11) All selected trees and/or all other plant materials exceeding two feet in height above average ground elevation at maturity shall not be located within the limits of the clear sight triangle, as further defined under § 155-113 of this chapter of the Code.

(12) All plant and tree materials shall be permanently maintained, and any plant material which does not survive shall be replaced.

(13) As part of the application phase for a subdivision plan, land development plan or conditional use, the Board of Commissioners shall have the right to modify or consider alternatives to any of the above specifications if the applicant can demonstrate that the existing conditions of the site exceeds all applicable requirements listed under this section of the Code.

(14) For residential applications involving 50 or more residential lots, the landscaping plan shall be prepared and certified by a professional landscape architect.

(15) For nonresidential applications involving more than 40,000 cumulative gross floor area, the landscaping plan shall be prepared and certified by a professional landscape architect.

D. The following is an approved list of selected trees, hedges and/or shrubs, which may be utilized to meet the standards and specifications for buffer yards and landscaping. Species selection shall be based upon the existing physical and natural conditions of the site:

(1) Street trees are permitted, provided they are a minimum of three inches in caliper as measured at breast height. The following is an approved list of street trees:

(a) Acer rubrum - Red Maple.

(b) Acer saccharum - Sugar Maple.

(c) Crataegus crusgalli - Cockspur Hawthorne.

(d) Fraxinus Americana - White Ash.

(e) Fraxinus pennsylanica - Green Ash.

(f) Juniperous virginiana - Eastern Red Cedar.

(g) Liquidambar styraciflua - American Sweetgum.

(h) Nyssa silvatica - Blackgum.

(i) Ostrya virginiana - American Hophornbeam.

(j) Oxydendrum arboreaum - Sourwood, Sorrel Tree.

(k) Quercus alba - White Oak.

(l) Quercus coccinea - Scarlet Oak.

(m) Quercus palustris - Pin Pak.

(n) Sassafras albidum - Common Sassafras.

(2) Canopy trees are permitted, provided they are a minimum of three inches in caliper as measured at breast height. The following is an approved list of canopy trees:

(a) Acer ginnala - Amur maple.

(b) Acer rubrum - Red maple.

(c) Acer saccharum - Sugar maple.

(d) Betula alba - European white birch.

(e) Betula lenta - Black Birch.

(f) Betula nigra - River Birch.

(g) Carya ovata - Shagbark Hickory.

(h) Fagus grandifolia - American beech.

(i) Fagus sylvatica - European beech.

(j) Fraxinus americana - White ash.

(k) Fraxinus pennsylvania lanceolata - Gen ash.

(l) Ginkgo Biloba - Ginkgo (male only).

(m) Gleditsia triacanthos inermis - Thornless honey locust.

(n) Liquidambar styraciflua - Sweet gum.

(o) Liriodendron tulipifera - Tulip tree.

(p) Nyssa sylvatica - Black Gum, Sourgum.

(q) Ostra virginana - American Hophornbeam.

(r) Phellondendron amurense - Amur cork tree.

(s) Platanus acerifolia - London plane tree.

(t) Quercus alba - White Oak.

(u) Quercus borealis - Red Oak.

(v) Quercus coccinea - Scarlet Oak.

(w) Quercus palustris - Pin Oak.

(x) Quercus phellos - Willow Oak.

(y) Robina psuedoacaia inermis - Thornless black locust.

(z) Sassafras albidum - Sassafras.

(aa) Sophora japonica - Japanese zelkova.

(3) Flowering trees are permitted provided, they are a minimum of 10 feet in height. The following is an approved list of flowering trees:

(a) Amelanchier canadensis - shadblow serviceberry.

(b) Cercis cacadensis - Eastern Redbud.

(c) Chioanthus virgincus - Fringetree.

(d) Cornus florida - Flowering dogwood.

(e) Cornus kousa - Kousa dogwood.

(f) Cornus mas - Cornelian cherry.

(g) Crataegus Phaenopyrum - Washington hawthorn.

(h) Koelreuteria paniculata - Golden rain tree.

(i) Laburnum vossi - Goldenchain.

(j) Magnolia soulangeana - Saucer magnolia.

(k) Malus baccata - Siberian crab.

(l) Malus floribunda - Japanese flowering crab.

(m) Malus hopa - Hopa red-flowering shrub.

(n) Oxydendrum arboreum - Sourwood.

(o) Prunus calleryana - Kwanzan cherry.

(p) Prunus yedoensis - Yoshino cherry.

(q) Pyrus cultivars - Hybrid Ornamental Pear.

(r) Viburnum prunifolium - Blackhaw Viburnum.

(4) Evergreen trees are permitted provided, they are a minimum of six feet in height. The following is an approved list of evergreen trees:

(a) Ilex opaca - American holly.

(b) Juniperus virginiana - Eastern Red Cedar.

(c) Picea abies - Norway spruce.

(d) Picea omorika - Serbian spruce.

(e) Picea pungens - Colorado spruce.

(f) Pinus nigra - Austrian pine.

(g) Pinus strobus - Eastern white pine.

(h) Pinus sylvestris - Scotch pine.

(i) Pinus thunbergii - Japanese black pine.

(j) Pseudotsuga menziesli - Douglas fir.

(k) Tbuja occidentlis - Arborvitae.

(l) Tsuga caraliniana - Caralina hemlock.

(m) Tsuga canadensis - Canada hemlock.

(5) Hedges or hedgerows are permitted for buffer and screening purposes, provided they are a minimum of four feet in height. The following is an approved list:

(a) Crataegus crus-galli - Cockspur thorn.

(b) Crataegus intricata - Thicket hawthorn.

(c) Crataegus phaenopyrum - Washington hawthorn.

(d) Forsythia intermedia - Border forsythia.

(e) Rhamnus frazula columnaris - Tailhedge buckthorn.

(f) Syringa chinensis - Chinese lilac.

(g) Syringa vulgaris - Common lilac.

(h) Tbuja occidentlis - Arborvitae.

(i) Viburnum alatus - Viburnum.

(j) Viburnum sieboldii - Siebold viburnum.

(k) Viburnum tomentosum - Doublefile viburnum.

(6) Shrubs are permitted for buffer and screening purposes, provided they are a minimum of three feet in height. The following is an approved list of shrubs:

(a) Euonymus alatus - Winged euonymus.

(b) Hamamelis vernalis - Vernal witch hazel.

(c) Hamamelis virginiana - Common witch hazel.

(d) Ilex glaabra - Inkberry.

(e) Ilex verticillata - Winterberry.

(f) Juniper virginiana - Upright juniper.

(g) Kalmia latifolia - Mountain Laurel.

(h) Myrica pennsylvanica - Bayberry.

(i) Juniper virginiana - Upright juniper.

(j) Rhamnus frangula - Glossy buckthorn.

(k) Taxus capitata - Upright yew.

(l) Taxus hicksi - Hicks yew.

(m) Viburnum dentatum - Arrowwood viburnum.

(n) Viburnum lantana - Wayfaring tree viburnum.

(o) Viburnum trilobum - Highbrush Cranberry.

E. As part of the application phase for a subdivision plan, land development plan or conditional use, the Board of Commissioners may permit alternative trees, hedges and/or shrubs from those specified under § 155-119D, provided the applicant or developer provides sufficient evidence from a landscape architect to demonstrate that the alternative tree, hedge and/or shrub will be more effective to meet the standards and specifications for buffer yards and landscaping. Species selection shall be based upon the existing physical and natural conditions of the site.

F. Any tree, plant, shrub, flower, vine or grass species which has been classified as invasive, noxious or destructive by any local, county, state or federal agency, including the Pennsylvania Department of Agriculture, shall be specifically prohibited for use in landscaping and ground cover.

G. The following provisions shall be considered as a guarantee concerning the survival of all buffer yards and landscaping which are required as part of the subdivision and/or land development plan application:

(1) Any tree or shrub which dies within 18 months of planting shall be replaced within a three-month time period.

(2) Substitutions for certain species may be permitted only when approved by the Board of Commissioners.

§ 155-120 Temporary structures and uses.

A. A temporary permit shall be issued for the authorization of temporary structures or uses necessary during construction or other special circumstances of a discontinuing nature.

B. The time period of the initial permit shall be six months, which may be renewed for three-month time periods up to and not exceeding one year from the time the original temporary permit was issued.

C. The temporary structure(s) shall be removed completely within 30 days of the expiration of the permit without cost to Caln Township.

§ 155-121 Outdoor storage and sales.

A. Outdoor storage of any type shall not be permitted unless such storage conforms to the normal functions and procedures conducted on the premises. Outdoor storage of any type that is not a normal function of the property or permitted use shall be prohibited if such storage is considered as unsightly, malodorous, hazardous to the environment and potentially detrimental to the health and safety of the adjacent property owners.

B. The materials to be stored outdoors shall be enclosed by a fence and planting screen to conceal the storage facilities from the view of adjacent properties. The fence and planting screen shall be subject to the review and approval by the Caln Township Zoning Officer.

C. The location of the permitted materials to be stored outside as well as any required fence enclosure shall comply with the minimum setback provisions of the zoning district in which it is located.

D. The storing or parking of automobiles for sale shall not be located within any street right-of-way and shall be located at least 10 feet from all other property lines.

E. No materials or waste shall be deposited on site in such form or manner by which it can be transported off the site by natural causes or forces.

F. No exterior storage of a substance which has the potential to contaminate groundwater or surface water shall be permitted unless the owner provides and installs safeguards which are satisfactory to the Township and the Pennsylvania Department of Environmental Protection. All such protective safeguards shall be subject to the review and approval by the Caln Township Zoning Officer.

G. Unless otherwise specifically approved or permitted for the nonresidential use, commercial outdoor sales of merchandise shall be prohibited. Commercial outdoor sales may be permitted for those nonresidential uses whose merchandise are customarily displayed outdoors, provided the use has been designated on an approved land development plan or occupancy permit.

H. Seasonal or sidewalk sales may be permitted on the sidewalk or outside of the front or side of the principal building or establishment, whereas, goods are offered for sale to the public, typically at discounted price, provided that all such sales shall not exceed 60 cumulative days during a calendar year.

§ 155-122 Prohibited uses.

A. No building or structure may be erected, altered or used, and no lot or premises may be used for any activity which is continuously noxious, injurious or offensive by reason of dust, smoke, odor, fumes, noise, vibration, gas, effluent discharge, illumination or similar substances or conditions.

B. No building, structure, land, watercourse or parts thereof within Caln Township shall be used or occupied, erected, constructed, assembled, moved, enlarged, reconstructed or structurally altered unless in conformity with the provisions of this chapter.

§ 155-123 Hazardous conditions and areas.

A. Within Caln Township, certain land and/or water areas may be considered hazardous in terms of their condition or potential use. These hazardous areas may include mine holes; quarries; sinkholes; waterways; caves; areas of naturally occurring physical features; areas of naturally occurring minerals or chemicals; areas containing hazardous, contaminated or toxic waste; solid waste disposal areas; and/or other areas considered hazardous by the Caln Township Zoning Officer or other professional consultants appointed by Caln Township. Based upon their presence, these hazardous areas could endanger the public health, safety or welfare by presenting potential hazards to life, health or property.

B. Where hazardous areas have been identified by the appropriate local, county, state or federal agency, the following provisions shall apply:

(1) No occupied building, well or sewage disposal system shall be located within 500 feet of an identified hazardous area except as noted within this section of the Code.

(2) An occupied building, well or sewage disposal system may be located within 500 feet of an identified hazardous area, provided that a sufficient number of excavations, borings, soil probes and/or groundwater tests have been conducted within the area to determine that the soil, geology and/or groundwater conditions are not considered hazardous to the occupant(s). The accuracy of all test results and/or conclusions shall be certified by a qualified professional, as determined to have the appropriate qualification and credentials by Caln Township. All wells located within 500 feet of the hazardous area shall be retested every two years by a certified laboratory to determine if the water is potable. All costs incurred for the sampling and laboratory analysis shall be incurred by the property owner.

C. The hazardous areas shall continue to be considered as a hazardous area until the Board of Commissioners determine that the hazards have been sufficiently mitigated or adequate safeguards against such hazards have been provided as recommended, approved or permitted by the appropriate local, county, state or federal agencies.

§ 155-124 Exterior lighting.

A. This section sets forth minimum criteria for the installation, use and maintenance of exterior lighting, the purposes of which are to require lighting in outdoor public places where safety and security are concerns; protect drivers and pedestrians on nearby streets from glare from nonvehicular light sources that shine directly into their eyes and thereby impair safe travel; shield neighboring properties from glare resulting from excessive light sources and from nonexistent or improperly directed or shielded light sources; limit the height of light standards to preclude or lessen light pollution; and promote efficient design and operation with regard to energy conservation.

B. Lighting facilities shall be required for all off-street parking areas and off-street loading areas and for all driveways providing ingress and egress thereto and for all subdivisions and/or land developments for business, commercial, retail, personal service, industrial, multifamily, recreational, institutional and public uses and for all construction or reconstruction or improvement of any such use for which land development approval is not required. In the approval of any subdivision or land development plan, the Commissioners shall have the authority to require lighting to be incorporated for other uses or locations where in their reasonable discretion such lighting is warranted. In addition, the provisions of this section shall apply to signs, architectural lighting and landscape lighting.

C. Where required by Caln Township to demonstrate compliance with the provisions of this Code, a lighting plan shall be prepared and submitted in accordance with the following criteria:

(1) A lighting plan shall be submitted for review and approval for all applications and uses which require exterior lighting.

(2) The lighting plan shall include a schematic layout of all proposed exterior fixture locations, ISO footcandle data and a plat demonstrating intensities and uniformities within the limitations established within this section of the Code, as well as the manufacturer's description of the equipment (catalog cuts), glare control devices, lamps, mounting heights and means, proposed hours of operation of the lighting and maintenance schedule. Illumination intensities shall be plotted on a ten-foot-by-ten-foot grid.

(3) The applicant shall submit a visual impact photometric plan that demonstrates both light coverage and light spillage resulting from the proposed lighting plan and the provision for adequate measures to mitigate nuisance from light pollution and disabling glare, both on the use or development site and on adjacent properties.

D. The lighting plan shall be prepared to comply with the following design standards and illumination specifications:

(1) Lighting facilities located within off-street parking areas and loading areas for all uses and developments requiring exterior lighting, or in connection with signs and recreational and institutional activities, shall provide an illumination level utilizing the current recommended standards of the Illuminating Engineering Society of North America (IESNA) except as otherwise required by the provisions of this Code.

(2) For all applications, the Board of Commissioners may impose a more stringent lighting standard requiring less illumination as a condition of any such approval when it determines the same to be necessary to protect adjoining properties or streets from light pollution and/or glare.

(3) Where exterior illumination is required to comply with this Code, the most current intensities and uniformity ratios, as established in the Lighting Handbook of the Illuminating Engineering Society of North America (IESNA), shall apply.

(4) In no case shall illumination exceed 0.5 footcandle measured at the property lines, except at driveway entrances, provided the illumination at the cartway center line of the contiguous street shall not exceed 1.0 footcandle, unless a more stringent standard is ordered by the Board under the circumstances of each application.

(5) The lighting standards within off-street parking areas shall be located no more than 100 feet apart.

E. The following general design standards, illumination specifications, installation provisions and maintenance requirements shall apply for exterior lighting for residential and/or nonresidential uses:

(1) Lamp types and colors shall be in harmony within the adjacent community, any special circumstances existing on the site and with surrounding lighting facilities. Lamp types and colors shall be consistent and shall not create a mix of colors.

(2) Canopy lighting shall be located on the undersurface (ceiling) of the canopy and shall be limited to flush lens fixtures mounted on the canopy ceiling. Drop-lens fixtures are prohibited. In no event shall any other lighting fixtures be located on or otherwise attached to or used to light a canopy or any area of the property adjacent to the canopy. Outdoor canopies include, but are not limited to, the following applications: fuel island canopies associated with service stations and convenience stores; exterior canopies above storefronts in shopping centers and mails; exterior canopies above driveways and building entrances; pavilions; and gazebos.

(3) With the exception of all security lighting, all exterior lighting for any commercial, industrial, institutional and recreational use shall be reduced by 50% between the hours of 10:00 p.m. and 6:00 a.m.

(4) All lighting fixtures shall meet IESNA cutoff criteria. No lighting shall be permitted which shines directly into residential units or results in glare beyond an angle of 30° from a vertical plane, measured from the light source.

(5) Light fixtures, including mounting base, shall not exceed 25 feet in height above finished grade.

(6) All lighting sources shall be effectively shielded and shall be installed and/or aimed so as to shield nearby public or private streets and neighboring properties from direct-glare light radiation or light pollution which may create a safety hazard or a nuisance.

(7) Illuminated signs shall have an indirect lighting source or shielded source.

(8) Where glare control devices are considered ineffective, the use of vegetation, fences and similar screening methods shall be considered.

(9) Fixtures used for architectural lighting, such as facade, feature and landscape lighting, shall be directed so as to preclude light projection beyond the immediate objects which are intended to be illuminated.

(10) In all residential zoning districts or for all residential uses, floodlighting, spotlighting and other high-intensity lighting over 100 watts shall be located in a manner so that glare or reflection is not greater than 0.2 footcandle at the lot line of any adjacent property line. All such lighting fixtures shall be installed and/or aimed so that they do not project their output into windows of neighboring residences, adjacent uses, skyward or public street. All such lighting shall be reduced by 50% between the hours of 10:00 p.m. and 6:00 a.m. except in case of emergency use.

(11) With the exception of all-night operations, lighting for commercial, industrial, municipal, recreational and institutional uses shall be controlled by automatic switching devices, such as time clocks or combination motion detectors and photocells, to permit the reduction of exterior lighting by 50% between the hours of 10:00 p.m. and 6:00 a.m. in order to mitigate nuisance glare and sky lighting consequences.

(12) Electrical feeds to all lighting standards shall be installed underground, not overhead.

(13) The applicant or property owner shall install all required lighting fixtures and facilities at his expense. Light fixtures and poles shall be in accordance with a lighting plan approved by the Caln Township as part of the application for subdivision, land development conditional use, special exception and/or building permit.

(14) The applicant or property owner shall be responsible for all costs involved in the maintenance, upkeep and operation of all required lighting facilities.

F. Caln Township reserves the right to conduct a postinstallation nighttime inspection to verify compliance with the requirements of § 155-119 of the Code. If it is determined that any lighting source or installation creates a safety or personal security hazard due to insufficient illumination levels or produces unacceptable levels of nuisance glare, light pollution or skyward light, the property owner shall be so notified and required to take timely remedial action at his expense to resolve the problem. If the appropriate remedial or corrective action has not been completed within 30 days of notification, the property owner shall be issued an enforcement notice and shall be subject to the penalty provisions specified by the Caln Township Code.

§ 155-125 Swimming pools and therapeutic spas.

A. Private noncommercial swimming pools which are designed to contain a water depth of 24 inches or more that are utilized for the purpose of swimming and bathing shall comply with the following standards and specifications:

(1) The pool shall not occupy more than 50% of the side yard area or rear yard area in which it is located.

(2) The pool, filters, pumps and other mechanical or structural equipment shall only be permitted within the side yard or rear yard of a lot and shall have a minimum setback of 15 feet from all property lines.

(3) Any floodlighting or other illumination used in conjunction with the pool shall be shielded and directed away from adjacent property owners.

(4) The pool shall be completely enclosed by a permitted fence, barrier or wall in accordance with the Caln Township Code.

(5) The pool shall be used or intended to be used in connection with a single-family residence and available only to the family of the householder and their private guests.

B. Public, community or commercial swimming pools which are designed to contain a water depth of 24 inches or more shall comply with the provisions of § 155-90 (Recreational uses) of this chapter of the Code.

C. Therapeutic spas or hot tubs which are designed to contain a water depth of 24 inches or more shall comply with the following shall comply with the following standards and specifications:

(1) The therapeutic spa or hot tub, including the filters, pumps and other mechanical or structural equipment, shall only be permitted within the side yard or rear yard of a lot and shall have a minimum setback of 15 feet from all property lines.

(2) Any floodlighting or other illumination used in conjunction with the pool shall be shielded and directed away from adjacent property owners.

(3) The therapeutic spa or hot tub shall be completely enclosed by a cover in accordance with the manufacturers specifications and the Caln Township Code.

(4) The therapeutic spa or hot tub shall be used in connection with a permitted residential use and shall be available only to the family of the householder and their private guests.

D. In addition to these provisions, the requirements for permits, construction, plumbing, sanitation, inspection, operation and maintenance, which are further defined and outlined within the Caln Township building codes, shall apply.

§ 155-126 Solar photovoltaic systems as accessory uses.

[Amended 9-12-2013 by Ord. No. 2013-06]

A. Purpose. The regulations in this section are intended to accomplish the following objectives:

(1) Promote the safe, effective and efficient use of solar energy systems that reduce on-site consumption of utility-supplied energy.

(2) Provide property owners and business owners with flexibility in satisfying their on-site energy needs.

(3) Reduce overall energy demands within the Township and promote energy efficiency.

B. Applicability.

(1) This section applies to building-mounted and ground-mounted solar photovoltaic systems which are installed and constructed after the effective date of this section.

(2) Building-mounted or ground-mounted solar photovoltaic systems that were constructed prior to the effective date of this section and which were lawful when constructed are not required to meet the requirements of this section.

(3) Any upgrade, modification or structural change that materially alters the size or placement of an existing solar photovoltaic system shall comply with the provisions of this section.

C. Building-mounted systems shall be permitted in all zoning districts in the Township as an accessory use to any lawfully permitted principal use on the same lot subject to compliance with all requirements of this section. Ground-mounted systems shall be permitted in the R-1, R-2, C-1, C-2, TV-1 and I-1 Districts as an accessory use to any lawfully permitted principal use on the same lot subject to compliance with all requirements of this section.

D. Building-integrated systems are not considered an accessory use and are not subject to the requirements of this section.

E. Building-mounted systems.

(1) Building-mounted systems shall be permitted to face any rear, side and front yard or any unregulated yard area as defined in § 155-12. Building-mounted systems may only be mounted on lawfully permitted principal or accessory structures.

(2) For a building-mounted system installed on a sloped roof that faces the front yard of a lot, the system must be installed at the same angle as the roof on which it is installed with a maximum distance, measured perpendicular to the roof, of 18 inches between the roof and the highest edge or surface of the system.

(3) For a building-mounted system installed on a sloped roof, the highest point of the system shall not exceed the highest point of the roof to which it is attached.

(4) Building-mounted systems on a sloped roof shall not be required to be screened.

(5) Building-mounted systems mounted on a flat roof shall not be installed more than four feet above the height of the roof.

(6) If a building-mounted system is to be installed on any building or structure that is nonconforming because its height violates the height restrictions of the zoning district in which it is located, the building-mounted system shall be permitted so long as the building-mounted system does not extend above the peak or highest point of the roof to which it is mounted and so long as it complies with the provisions of this section.

F. Ground-mounted systems.

(1) Ground-mounted systems shall be permitted as an accessory use in the R-1, R-2, C-1, C-2, TV-1 and I-1 Districts. Notwithstanding the provisions in § 155-107A(1), ground-mounted systems shall not be located in the front yard.

(2) Notwithstanding the provisions in § 155-107A(1), ground-mounted systems shall comply with the building setback lines for the zoning district where they are located. No part of the ground-mounted system shall extend into the required setbacks due to a tracking system or other solar PV related equipment.

(3) Ground-mounted systems may not exceed a height of 15 feet.

(4) The surface area of any ground-mounted system, regardless of the mounted angle of any portion of the system, shall be considered impervious surface and shall be included in the calculation for maximum lot coverage. If the ground-mounted system is mounted above an existing impervious surface, it shall not be included in the calculation for maximum lot coverage.

(5) All exterior electrical lines must be buried below the surface of the ground where possible or be placed in conduit.

(6) Ground-mounted systems shall be screened from view from adjacent street(s) upon which the property has frontage and from adjacent properties. Such screening shall screen the supporting infrastructure for the panels and control equipment; the screening shall not be required to screen the solar panels as reception of sunlight is essential for proper operation thereof.

(7) The solar photovoltaic system must be constructed to comply with the Pennsylvania Uniform Construction Code (UCC) Act 45 of 1999, as amended, and any applicable regulations to such Act.

(8) The design and installation of solar energy systems shall conform to all applicable industry standards, including those of ANSI, Underwriters Laboratories (UL) International Standards Organization (ISO) and ASTM, as applicable, and shall conform to all applicable fire and safety codes. The applicant shall submit manufacturer's specifications as part of the zoning permit application.

(9) All wiring for the solar photovoltaic system must comply with the most recent edition of the National Electrical Code, as amended and adopted by the Commonwealth of Pennsylvania.

(10) The solar photovoltaic system shall comply with the most recent edition of the Fire Code as amended and adopted by the Commonwealth of Pennsylvania.

(11) No signage or graphic content may be displayed on the solar photovoltaic system except the manufacturer's badge, safety information and equipment specification information. Said information shall be depicted within an area no more than 36 square inches.

(12) Before construction or installation on any solar photovoltaic system shall commence, the property owner must obtain a zoning permit.

(13) The applicant shall demonstrate that the solar photovoltaic system shall be designed and located in order to prevent reflective glare from reaching adjacent properties or streets.

§ 155-127 (Reserved) [1]

[1] Editor's Note: Former § 155-127, Filling, excavating and grading, was repealed 12-19-2013 by Ord. No. 2013-11.

§ 155-128 Blasting and detonation requirements.

A. All general blasting and/or detonation operations shall conform with the regulations enforced by the applicable agencies of the Commonwealth of Pennsylvania and the federal government.

B. Blasting and/or detonation operations for any purposes shall comply with all local, state and federal laws.[1]

[1] Editor's Note: Former Subsection C, regarding the conducting of operations by a qualified licensed contractor, which immediately followed this subsection, was repealed 12-19-2013 by Ord. No. 2013-11.

§ 155-129 Airport hazard area.

[Added 9-12-2013 by Ord. No. 2013-06]

A. Purpose. This section is enacted pursuant to the authority in Act 1984-164, known as "Pennsylvania's Airport Hazard Zoning Law,"[1] in order to avoid airport hazards which would reduce the size of the area available for landing, takeoff and maneuvering of aircraft and to restrict the height of structures and objects of natural growth on certain properties which are identified as being in the Transitional Surface Area on the Chester County Airport Surface Area Map which is attached to this section as Exhibit A[2] and which shall be incorporated as part of the appendix of this chapter.

[1] Editor's Note: See 74 Pa.C.S.A. § 5915 et seq.

[2] Editor's Note: Said exhibit is included as an attachment to this chapter.

B. Definitions. As used in this section, the following terms shall have the meanings indicated:

AIRPORT

Chester County Airport.

AIRPORT HAZARD

Any structure or object, natural or man-made, or use of land which obstructs the airspace required for flight or aircraft and landing or taking off at an airport or is otherwise hazardous as defined in 14 CFR 77 and 74 Pa.C.S.A. § 5102.

AIRPORT HAZARD AREA

Any area of land or water upon which an airport hazard might be established if not prevented as provided for in this section and Act 1984-164.

TRANSITIONAL SURFACE ZONE

An imaginary surface that extends outward and upward from the edge of the primary surface to the horizontal surface at a slope of seven feet horizontally to one foot vertically (7:1). The Transitional Surface Zone is depicted on the Chester County Airport Surface Map which is attached hereto and shall be found in the appendix to this chapter.

C. Permit applications. Any person who plans to erect a new structure, to add to an existing structure or to erect or maintain any object in the Transitional Surface Zone which would be 200 feet or greater in height shall first notify the Pennsylvania Department of Transportation's Bureau of Aviation by submitting PennDOT Form AV-57 to obtain an obstruction review of the proposal at least 30 days prior to commencement thereof. The Department's BOA response must be included with a building permit application. If the Department's BOA returns a determination of no penetration of air space, the building permit shall be considered to be in compliance with this section of the chapter and may be issued. If the Department's BOA returns a determination of a penetration of air space, the Building Official shall deny the building permit until the necessary approval is granted by the BOA.

D. Notwithstanding any other provisions of this section, no use shall be made of land or water within the Transitional Surface Zone in such a manner as to create electrical interference with navigational signals or radio communications between the airport and aircraft, make it difficult for pilots to distinguish between airport lights and others, impair visibility in the vicinity of the airport, create bird strike hazards or otherwise endanger or interfere with the landing, takeoff or maneuvering of aircraft utilizing the airport.

§ 155-130 Keeping of chickens as domestic pets.

[Added 12-3-2015 by Ord. No. 2015-06]

A. Purpose. The purpose of this section is to provide standards for the keeping of female chickens as domestic pets and for the production of a small quantity of eggs for the owner as an accessory use to a single family dwelling in certain zoning districts. It is intended to enable residents of single-family dwellings in certain zoning districts to keep a small number of female chickens on a noncommercial basis while limiting the potential adverse impacts on the surrounding properties.

B. Standards for keeping chickens.

(1) The maximum number of hens which shall be allowed on lots with single-family dwellings in the R-1, R-2, and R-3 Districts shall be determined based on the lot size as set forth below:

	Minimum Lot Size	Maximum Number of Hens
	Up to 1/2 acre	2
	1/2 acre to 1 acre	4
	Greater than 1 acre	6

(2) Roosters are prohibited.

(3) The slaughtering of hens outdoors is prohibited.

(4) All hens must be maintained in a structure with walls on all sides and a roof or overhead covering. Such structure may not exceed 500 square feet in area and may only be located in the rear or side yard. The shelter must provide a minimum of four square feet per hen, meet all applicable setback requirements in this chapter and be a minimum of 25 feet from all dwellings and 10 feet from all property lines.

(5) It shall be unlawful for the owner of hens to allow the same to run at large upon any public land, including, but not limited to, sidewalks, streets, roads, alleys, parks, or upon another person's private property.

(6) All owners of hens must maintain sanitary living conditions for the hens so that the keeping of hens does not become a public or private nuisance. Owners shall not allow feces from the hens to accumulate on the owner's land such that it becomes a nuisance caused by odors. The feces must be regularly removed by double bagging and placing the bagged feces in trash for collection.

(7) All feed which is stored on the property must be kept in rodent-proof, closed containers.

(8) If the hens are permitted to roam in an area on the owner's private property, such area shall be limited to the side or rear yard and must be enclosed by a fence and screened from view from the public streets and adjacent properties.

C. Permits. An owner wishing to keep hens on their property must first obtain a permit from the Zoning Officer. An applicant seeking to obtain a permit to maintain hens must submit an application on forms provided by the Township and pay the applicable permit fee as determined by resolution of the Board of Commissioners. If the applicant resides within a homeowners' association, a letter from the homeowners' association approving the keeping of chickens must accompany the application.

D. Denial, suspension or revocation of permit. The Zoning Officer shall deny a permit if the applicant has not demonstrated compliance with all of the provisions of this section. A permit to keep chickens may be suspended or revoked by the Township where the Township finds that the keeping of the chickens creates a public nuisance or for any violation of, or failure to comply with, any of the provisions of this section or with the provisions of any other applicable ordinance or law.

§ 155-131 Floodplain regulations.

[Added 7-13-2017 by Ord. No. 2017-02]

A. Statutory authorization. The Legislature of the Commonwealth of Pennsylvania has, by the passage of the Pennsylvania Flood Plain Management Act of 1978,[1] delegated the responsibility to local governmental units to adopt floodplain management regulations to promote public health, safety, and the general welfare of its citizenry. Therefore pursuant to such authority and the authority granted in the Pennsylvania Municipalities Planning Code,[2] the Board of Commissioners (the "Board") of the Caln Township (the "Township") does hereby adopt the following regulations.

[1] Editor's Note: See 32 P.S. § 679.101 et seq.

[2] Editor's Note: See 53 P.S. § 10101 et seq.

B. General provisions.

(1) Intent. The intent of this section is to:

(a) Promote the general health, welfare, and safety of the community.

(b) Encourage the utilization of appropriate construction practices in order to prevent or minimize flood damage in the future.

(c) Minimize danger to public health by protecting water supply and natural drainage.

(d) Reduce financial burdens imposed on the community, its governmental units, and its residents, by preventing excessive development in areas subject to flooding.

(e) Comply with federal and state floodplain management requirements.

(2) Applicability. It shall be unlawful for any person, partnership, business or corporation to undertake, or cause to be undertaken, any construction or development anywhere within the identified floodplain area of Caln Township unless a permit has been obtained from the Floodplain Administrator.

(3) Abrogation and greater restrictions. This section supersedes any other conflicting provisions which may be in effect in identified floodplain areas. However, any other ordinance provisions shall remain in full force and effect to the extent that those provisions are more restrictive. If there is any conflict between any of the provisions of this section, the more restrictive shall apply.

(4) Warning and disclaimer of liability.

(a) The degree of flood protection sought by the provisions of this section is considered reasonable for regulatory purposes and is based on accepted engineering methods of study. Larger floods may occur or flood heights may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris. This section does not imply that areas outside any identified floodplain areas, or that land uses permitted within such areas, will be free from flooding or flood damages.

(b) This section shall not create liability on the part of the Township or any officer or employee thereof for any flood damages that result from reliance on this section or any administrative decision lawfully made thereunder.

C. Administration.

(1) Designation of the Floodplain Administrator.

(a) The Zoning Officer is hereby appointed to administer and enforce this section and is referred to herein as the Floodplain Administrator. The Floodplain Administrator may: A) fulfill the duties and responsibilities set forth in these regulations; B) delegate duties and responsibilities set forth in these regulations to qualified technical personnel, plan examiners, inspectors, and other employees; or C) enter into a written agreement or written contract with another agency or private sector entity to administer specific provisions of these regulations. Administration of any part of these regulations by another entity shall not relieve the community of its responsibilities pursuant to the participation requirements of the National Flood Insurance Program as set forth in the Code of Federal Regulations at 44 CFR 59.22.

(b) In the absence of a designated Floodplain Administrator, the Floodplain Administrator duties are to be fulfilled by the Township Engineer.

(2) Permits required. A permit shall be required before any construction or development is undertaken within any identified floodplain area of Caln Township.

(3) Duties and responsibilities of the Floodplain Administrator.

(a) The Floodplain Administrator shall issue a permit only after it has been determined that the proposed work to be undertaken will be in conformance with the requirements of this and all other applicable codes and ordinances.

(b) Prior to the issuance of any permit, the Floodplain Administrator shall review the application for the permit to determine if all other necessary government permits required by state and federal laws have been obtained, such as those required by the Pennsylvania Sewage Facilities Act (Act 1966-537, as amended); the Pennsylvania Dam Safety and Encroachments Act (Act 1978-325, as amended); the Pennsylvania Clean Streams Act (Act 1937-394, as amended);[3] and the U.S. Clean Water Act, Section 404, 33 U.S.C. § 1344. No permit shall be issued until this determination has been made.

[3] Editor's Note: See 35 P.S. § 750.1 et seq., 32 P.S. § 693.1 et seq., and 35 P.S. § 691.1 et seq., respectively.

(c) During the construction period, the Floodplain Administrator or other authorized official shall inspect the premises to determine that the work is progressing in compliance with the information provided on the permit application and with all applicable municipal laws and ordinances. He/she shall make as many inspections during and upon completion of the work as are necessary.

(d) In the discharge of his/her duties, the Floodplain Administrator shall have the authority to enter any building, structure, premises or development in the identified floodplain area, upon presentation of proper credentials, at any reasonable hour to enforce the provisions of this section.

(e) In the event the Floodplain Administrator discovers that the work does not comply with the permit application or any applicable laws and ordinances, or that there has been a false statement or misrepresentation by any applicant, the Floodplain Administrator shall revoke the permit and report such fact to the Board for whatever action it considers necessary.

(f) The Floodplain Administrator shall maintain in perpetuity, or for the lifetime of the structure, all records associated with the requirements of this section including, but not limited to, finished construction elevation data, permitting, inspection and enforcement.

(g) The Floodplain Administrator is the official responsible for submitting a biennial report to FEMA concerning community participation in the National Flood Insurance Program as requested.

(h) The responsibility, authority and means to implement the commitments of the Floodplain Administrator can be delegated from the person identified. However, the ultimate responsibility lies with the person identified in the Floodplain Ordinance as the Floodplain Administrator/Manager.

(i) The Floodplain Administrator shall consider the requirements of the 34 Pa. Code and the 2009 IBC and the 2009 IRC, or the latest revision thereof as adopted by the Commonwealth of Pennsylvania.

(4) Application procedures and requirements.

(a) Application for such a permit shall be made, in writing, to the Floodplain Administrator on forms supplied by the Township. Such application shall contain the following:

[1] Name and address of applicant.

[2] Name and address of owner of land on which proposed construction is to occur.

[3] Name and address of contractor.

[4] Site location including address.

[5] Listing of other permits required.

[6] Brief description of proposed work and estimated cost, including a breakout of flood-related cost and the market value of the building before the flood damage occurred where appropriate.

[7] A plan of the site showing the exact size and location of the proposed construction as well as any existing buildings or structures.

(b) If any proposed construction or development is located entirely or partially within any identified floodplain area, applicants for permits shall provide all the necessary information in sufficient detail and clarity to enable the Floodplain Administrator to determine that:

[1] All such proposals are consistent with the need to minimize flood damage and conform with the requirements of this and all other applicable codes and ordinances;

[2] All utilities and facilities, such as sewer, gas, electrical and water systems, are located and constructed to minimize or eliminate flood damage;

[3] Adequate drainage is provided so as to reduce exposure to flood hazards;

[4] Structures will be anchored to prevent floatation, collapse, or lateral movement;

[5] Building materials are flood-resistant;

[6] Appropriate practices that minimize flood damage have been used; and

[7] Electrical, heating, ventilation, plumbing, air-conditioning equipment, and other service facilities have been designed and located to prevent water entry or accumulation.

(c) Applicants shall file the following minimum information plus any other pertinent information as may be required by the Floodplain Administrator to make the above determination:

[1] A completed permit application form.

[2] A plan of the entire site, clearly and legibly drawn at a scale of one inch being equal to 100 feet or less, showing the following:

[a] North arrow, scale, and date;

[b] Topographic contour lines, if available;

[c] The location of all existing and proposed buildings, structures, and other improvements, including the location of any existing or proposed subdivision and development;

[d] The location of all existing streets, drives, and other accessways; and

[e] The location of any existing bodies of water or watercourses, identified floodplain areas, and, if available, information pertaining to the floodway, and the flow of water including direction and velocities.

[3] Plans of all proposed buildings, structures and other improvements, drawn at suitable scale showing the following:

[a] The proposed lowest floor elevation of any proposed building based upon North American Vertical Datum of 1988;

[b] The elevation of the base flood;

[c] Supplemental information as may be necessary under 34 Pa. Code, the 2009 IBC or the 2009 IRC, or the latest revision thereof as adopted by the Commonwealth of Pennsylvania.

[4] The following data and documentation:

[a] Detailed information concerning any proposed floodproofing measures and corresponding elevations.

[b] If available, information concerning flood depths, pressures, velocities, impact and uplift forces and other factors associated with a base flood.

[c] Documentation, certified by a registered professional engineer or architect, to show that the effect of any proposed development within a Floodway Area will not increase the base flood elevation at any point.

[d] Documentation, certified by a registered professional engineer or architect, to show that the cumulative effect of any proposed development within an AE Area/District without floodway when combined with all other existing and anticipated development, will not increase the base flood elevation more than one foot at any point within the community.

[e] A document, certified by a registered professional engineer or architect, which states that the proposed construction or development has been adequately designed to withstand the pressures, velocities, impact and uplift forces associated with the base flood. Such statement shall include a description of the type and extent of floodproofing measures which have been incorporated into the design of the structure and/or the development.

[f] Detailed information needed to determine compliance with sections herein regarding storage, and development which may endanger human life, including:

[i] The amount, location and purpose of any materials or substances referred to in such sections which are intended to be used, produced, stored or otherwise maintained on site.

[ii] A description of the safeguards incorporated into the design of the proposed structure to prevent leaks or spills of the dangerous materials or substances during a base flood.

[g] The appropriate component of the Department of Environmental Protection's Planning Module for Land Development.

[h] Where any excavation or grading is proposed, a plan meeting the requirements of the Department of Environmental Protection to implement and maintain erosion and sedimentation control.

(d) Applications for permits shall be accompanied by a fee, payable to the municipality based upon the estimated cost of the proposed construction as determined by the Floodplain Administrator.

(5) Review by County Conservation District. A copy of all applications and plans for any proposed construction or development in any identified floodplain area to be considered for approval may be submitted by the Floodplain Administrator to the County Conservation District for review and comment prior to the issuance of a permit.

(6) Review of application by others. A copy of all plans and applications for any proposed construction or development in any identified floodplain area to be considered for approval may be submitted by the Floodplain Administrator to any other appropriate agencies and/or individuals (e.g., planning commission, municipal engineer, etc.) for review and comment.

(7) Changes. After the issuance of a permit by the Floodplain Administrator, no changes of any kind shall be made to the application, permit or any of the plans, specifications or other documents submitted with the application without the written consent or approval of the Floodplain Administrator. Requests for any such change shall be in writing, and shall be submitted by the applicant to the Floodplain Administrator for consideration.

(8) Placards. In addition to the permit, the Floodplain Administrator shall issue a placard, or similar document, which shall be displayed on the premises during the time construction is in progress. This placard shall show the number of the permit, the date of its issuance, and be signed by the Floodplain Administrator.

(9) Start of construction.

(a) Work on the proposed construction or development shall begin within 180 days after the date of issuance of the development permit. Work shall also be completed within 12 months after the date of issuance of the permit or the permit shall expire unless a time extension is granted, in writing, by the Floodplain Administrator. The issuance of development permit does not refer to the zoning approval.

(b) The actual start of construction means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

(c) Time extensions shall be granted only if a written request is submitted by the applicant, who sets forth sufficient and reasonable cause for the Floodplain Administrator to approve such a request and the original permit is compliant with the ordinance and FIRM/FIS in effect at the time the extension is granted.

(10) Enforcement. Any person who fails to comply with any and all requirements or provisions of this section shall be subject to administrative and enforcement provisions set forth in Article XIII of the Zoning Ordinance.

(11) Appeals.

(a) Any person aggrieved by any action or decision of the Floodplain Administrator concerning the administration of the provisions of this section may appeal to the Zoning Hearing Board. Such appeal must be filed, in writing, within 30 days after the decision, determination or action of the Floodplain Administrator.

(b) Upon receipt of such appeal, the Zoning Hearing Board shall consider the appeal in accordance with the Zoning Hearing Board procedures set forth in this Zoning Ordinance and as set forth in the Pennsylvania Municipalities Planning Code.[4]

[4] Editor's Note: See 53 P.S. § 10101 et seq.

(c) Any person aggrieved by any decision of the Zoning Hearing Board may seek relief therefrom by appeal to court, as provided by the laws of this state including the Pennsylvania Flood Plain Management Act.[5]

[5] Editor's Note: See 32 P.S. § 679.101 et seq.

D. Identification of floodplain areas.

(1) Identification.

(a) The identified floodplain area shall be:

[1] Any areas of the Township classified as special flood hazard areas (SFHAs) in the Flood Insurance Study (FIS) and the accompanying Flood Insurance Rate Maps (FIRMs) dated September 29, 2017, and issued by the Federal Emergency Management Agency (FEMA) or the most recent revision thereof, including all digital data developed as part of the Flood Insurance Study.

(b) The above-referenced FIS and FIRMs, and any subsequent revisions and amendments are hereby adopted by Caln Township and declared to be a part of this Zoning Ordinance.

(2) Description and special requirements of identified floodplain areas. The identified floodplain area shall consist of the following specific areas:

(a) The Floodway Area shall be those areas identified in the FIS and the FIRM as floodway and which represent the channel of a watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without increasing the water surface elevation by more than one foot at any point. This term shall also include floodway areas which have been identified in other available studies or sources of information for those special flood hazard areas where no floodway has been identified in the FIS and FIRM.

[1] Within any floodway area, no encroachments, including fill, new construction, substantial improvements, or other development shall be permitted unless it has been demonstrated through hydrologic and hydraulic analysis performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the Township during the occurrence of the base flood discharge.

[2] Within any Floodway Area, no new construction or development shall be allowed, unless the appropriate permit is obtained from the Department of Environmental Protection Regional Office.

(b) The AE Area/District shall be those areas identified as an AE Zone on the FIRM included in the FIS prepared by FEMA for which base flood elevations have been provided.

[1] The AE Area adjacent to the floodway shall be those areas identified as an AE Zone on the FIRM included in the FIS prepared by FEMA for which base flood elevations have been provided and a floodway has been delineated.

[2] AE Area without floodway shall be those areas identified as an AE Zone on the FIRM included in the FIS prepared by FEMA for which base flood elevations have been provided but no floodway has been determined.

[a] No encroachments, including fill, new construction, substantial improvements, or other development shall be permitted in an AE Zone without floodway, unless it has been demonstrated through hydrologic and hydraulic analysis performed in accordance with standard engineering practice that the proposed development, together with all other existing and anticipated development, would not result in an increase in flood levels of more than one foot within the entire community during the occurrence of the base flood discharge.

[b] Any new construction or development located within the area measured 50 feet landward from the top-of-bank of any watercourse requires that an appropriate permit be obtained from the Department of Environmental Protection Regional Office.

(c) The A Area/District shall be those areas identified as an A Zone on the FIRM included in the FIS prepared by FEMA and for which no base flood elevations have been provided. For these areas, elevation and floodway information from other federal, state, or other acceptable sources shall be used when available. Where other acceptable information is not available, the base flood elevation shall be determined by using the elevation of a point on the boundary of the identified floodplain area which is nearest the construction site.

(d) The AO and AH Area/District shall be those areas identified as Zones AO and AH on the FIRM and in the FIS. These areas are subject to inundation by one-percent-annual-chance shallow flooding where average depths are between one foot and three feet. In Zones AO and AH, drainage paths shall be established to guide floodwaters around and away from structures on slopes.

(e) In lieu of the various above methods or lack of sufficient data, the Township, if deemed necessary, may require the applicant to determine the base flood elevation with hydrologic and hydraulic engineering techniques. Hydrologic and hydraulic analyses shall be undertaken only by professional engineers or others of demonstrated qualifications, who shall certify that the technical methods used correctly reflect currently accepted technical concepts. Studies, analyses, computations, etc., shall be submitted in sufficient detail to allow a thorough technical review by the Township. In the absence of any of the above data or documentation, the Township may require elevation of the lowest floor to be at least three feet above the highest adjacent grade.

(3) Changes in identification of area. The identified floodplain area may be revised or modified by the Board where studies or information provided by a qualified agency or person documents the need for such revision. However, prior to any such change to the special flood hazard area, approval must be obtained from FEMA. Additionally, as soon as practicable, but not later than six months after the date such information becomes available, the Township shall notify FEMA of the changes to the special flood hazard area by submitting technical or scientific data. See Subsection E(1)(b) for situations.

(4) Boundary disputes. Should a dispute concerning any identified floodplain area boundary arise, an initial determination shall be made by the Floodplain Administrator, with input from the Township Engineer, and any party aggrieved by this decision or determination may appeal to the Zoning Hearing Board. The burden of proof shall be on the appellant.

(5) Jurisdictional boundary changes. Prior to development occurring in areas where annexation or other corporate boundary changes are proposed or have occurred, the Township shall review flood hazard data affecting the lands subject to boundary changes. The Township shall adopt and enforce floodplain regulations in areas subject to annexation or corporate boundary changes which meet or exceed those in 44 CFR 60.3.

E. Technical provisions.

(1) General.

(a) Alteration or relocation of watercourse.

[1] No encroachment, alteration, or improvement of any kind shall be made to any watercourse until all adjacent municipalities which may be affected by such action have been notified by the Township, and until all required permits or approvals have first been obtained from the Department of Environmental Protection Regional Office.

[2] No encroachment, alteration, or improvement of any kind shall be made to any watercourse unless it can be shown that the activity will not reduce or impede the flood-carrying capacity of the watercourse in any way.

[3] In addition, FEMA and the Pennsylvania Department of Community and Economic Development shall be notified prior to any alteration or relocation of any watercourse.

(b) When the Township proposes to permit the following encroachments: 1) any development that causes a rise in the base flood elevations within the floodway; or 2) any development occurring in Zones A1-30 and Zone AE without a designated floodway, which will cause a rise of more than one foot in the base flood elevation; or 3) alteration or relocation of a stream (including but not limited to installing culverts and bridges); the applicant shall (as per 44 CFR Part 65.12):

[1] Apply to FEMA for conditional approval of such action prior to permitting the encroachments to occur.

[2] Upon receipt of the FEMA Administrator's conditional approval of map change and prior to approving the proposed encroachments, a community shall provide evidence to FEMA of the adoption of floodplain management ordinances incorporating the increased base flood elevations and/or revised floodway reflecting the post-project condition.

[3] Upon completion of the proposed encroachments, an applicant shall provide as-built certifications. FEMA will initiate a final map revision upon receipt of such certifications in accordance with 44 CFR Part 67.

(c) Any new construction, development, uses or activities allowed within any identified floodplain area shall be undertaken in strict compliance with the provisions contained in this section and any other applicable codes, ordinances and regulations.

(d) Uses permitted by right. The following uses are permitted within the identified floodplain area, provided they are conducted in accordance with the provisions of the Clean Streams Law of Pennsylvania, Act 349 of 1937,[6] as amended, the rules and regulations of the Pennsylvania Department of Environmental Protection, all other applicable provisions of this section and other local, state and federal regulations:

[1] Agricultural uses, such as general farming, pasture, orchard, grazing, outdoor plant nurseries, truck farming, forestry and wild crop harvesting.

[2] Recreation uses, such as park, picnic grounds, golf course, archery, hiking and riding trails, hunting and fishing areas, game farm, fish hatchery, wildlife sanctuary, nature preserve and swimming areas.

[3] The front, side or rear yard setbacks required for a development of any lot or tract in any zoning district wherein the portion of the lot within the floodplain area may lie, provided that documentation of the existence of such floodplain area is recorded with the Chester County Recorder of Deeds at time of the initial conveyance of any such lot or tract of land.

[4] Permeable parking areas and roads to serve other permitted uses in the identified floodplain area or where required by the regulations for any contiguous district.

[6] Editor's Note: See 35 P.S. § 691.1 et seq.

(2) Elevation and floodproofing requirements. Within any identified floodplain area any new construction or substantial improvements shall be prohibited unless permitted by right, or by the grant of a variance. If a use is permitted by right or a variance is obtained for new construction or substantial improvements in the identified floodplain area, then the following provisions apply:

(a) Residential structures.

[1] In AE, A1-30, and AH Zones, any new construction or substantial improvement shall have the lowest floor (including basement) elevated up to, or above, the regulatory flood elevation.

[2] In A Zones, where there are no base flood elevations specified on the FIRM, any new construction or substantial improvement shall have the lowest floor (including basement) elevated up to, or above, the regulatory flood elevation determined in accordance with this section.

[3] In AO Zones, any new construction or substantial improvement shall have the lowest floor (including basement) at or above the highest adjacent grade at least as high as the depth number specified on the FIRM.

[4] The design and construction standards and specifications contained in the 2009 International Building Code (IBC) and in the 2009 International Residential Code (IRC) or the latest edition thereof adopted by the Commonwealth of Pennsylvania, and ASCE 24 and 34 Pa. Code (Chapters 401 to 405, as amended) shall be utilized, where they are more restrictive.

(b) Nonresidential structures.

[1] In AE, A1-30 and AH Zones, any new construction or substantial improvement of a nonresidential structure shall have the lowest floor (including basement) elevated up to, or above, the regulatory flood elevation, or be designed and constructed so that the space enclosed below the regulatory flood elevation:

[a] Is floodproofed so that the structure is watertight with walls substantially impermeable to the passage of water; and

[b] Has structural components with the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.

[2] In A Zones, where no base flood elevations are specified on the FIRM, any new construction or substantial improvement shall have the lowest floor (including basement) elevated or completely floodproofed up to, or above, the regulatory flood elevation determined in accordance with this section.

[3] In AO Zones, any new construction or substantial improvement shall have its lowest floor elevated or completely floodproofed above the highest adjacent grade to at least as high as the depth number specified on the FIRM.

[4] Any nonresidential structure, or part thereof, made watertight below the regulatory flood elevation shall be floodproofed in accordance with the W1 or W2 space classification standards contained in the publication entitled "Flood-Proofing Regulations" published by the U.S. Army Corps of Engineers (June 1972, as amended March 1992) or with some other equivalent standard. All plans and specifications for such floodproofing shall be accompanied by a statement certified by a registered professional engineer or architect which states that the proposed design and methods of construction are in conformance with the above-referenced standards. There should be a statement submitted with the permit application and a statement submitted with the as-built floodproofing certificate prior to the issuance of the certificate of occupancy.

[5] Any nonresidential structure that will be floodproofed must submit the following to the Floodplain Administrator along with the nonresidential floodproofing certificate and prior to the issuance of the certificate of occupancy:

[a] An inspection and maintenance plan detailing the annual maintenance of floodproofed components ensuring that all components will operate properly under flood conditions. Components that must be inspected include at a minimum:

[i] Mechanical equipment such as sump pumps and generators;

[ii] Flood shields and closures;

[iii] Walls and wall penetrations; and

[iv] Levees and berms (as applicable).

[b] Flood emergency operation plan detailing the procedures to be followed during a flooding event, and must include information pertaining to how all components will operate properly under all conditions, including power failures. The design professional must produce the plan. An adequate plan must include the following:

[i] An established chain of command and responsibility with leadership responsibilities clearly defined for all aspects of the plan.

[ii] A procedure for notification of necessary parties when flooding threatens and flood warnings are issued. Personnel required to be at the building should have a planned and safe means of ingress and should have no other emergency response duties during a flood event. Alternates should be assigned in the event that the primary persons responsible are unable to complete their assigned duties under the plan.

[iii] A list of specific duties assigned to ensure that all responsibilities are addressed expeditiously. The locations of materials necessary to properly install all floodproofing components must be included in the list.

[iv] An evacuation plan for all personnel or occupants; those without duties for the flood emergency as well as those with duties for implementing the plan. All possible ingress and egress routes must be identified.

[v] A periodic training and exercise program to keep personnel and occupants aware of their duties and responsibilities. Training drills should be held at least once a year and should be coordinated with community officials.

[6] The design and construction standards and specifications contained in the 2009 International Building Code (IBC) and in the 2009 International Residential Code (IRC) or the latest revision thereof as adopted by the Commonwealth of Pennsylvania, and ASCE 24 and 34 Pa. Code (Chapters 401 to 405, as amended) shall be utilized, where they are more restrictive.

(c) Space below the lowest floor.

[1] Fully enclosed space below the lowest floor (excluding basements) which will be used solely for the parking of a vehicle, building access, or incidental storage in an area other than a basement, shall be designed and constructed to allow for the automatic entry and exit of floodwaters for the purpose of equalizing hydrostatic forces on exterior walls. The term "fully enclosed space" also includes crawl spaces.

[2] Designs for meeting this requirement must either be certified by a registered professional engineer or architect, or meet or exceed the following minimum criteria:

[a] A minimum of two openings having a net total area of not less than one square inch for every square foot of enclosed space installed on two separate walls.

[b] The bottom of all openings shall be no higher than one foot above grade.

[c] Openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.

(d) Historic structures. Historic structures undergoing repair or rehabilitation that would constitute a substantial improvement as defined in this section must comply with all section requirements that do not preclude the structure's continued designation as an historic structure. Documentation that a specific section requirement will cause removal of the structure from the National Register of Historic Places or the State Inventory of Historic Places must be obtained from the Secretary of the Interior or the State Historic Preservation Officer. Any exemption from section requirements will be the minimum necessary to preserve the historic character and design of the structure.

(e) Accessory structures. Structures accessory to a principal building need not be elevated or floodproofed to remain dry, but shall comply, at a minimum, with the following requirements:

[1] The structure shall not be designed or used for human habitation, but shall be limited to the parking of vehicles, or to the storage of tools, material, and equipment related to the principal use or activity.

[2] Floor area shall not exceed 200 square feet.

[3] The structure will have a low damage potential.

[4] The structure will be located on the site so as to cause the least obstruction to the flow of floodwaters.

[5] Power lines, wiring, and outlets will be elevated to the regulatory flood elevation.

[6] Permanently affixed utility equipment and appliances such as furnaces, heaters, washers, dryers, etc., are prohibited.

[7] Sanitary facilities are prohibited.

[8] The structure shall be adequately anchored to prevent flotation, collapse, and lateral movement and shall be designed to automatically provide for the entry and exit of floodwater for the purpose of equalizing hydrostatic forces on the walls. Designs for meeting this requirement must either be certified by a registered professional engineer or architect, or meet or exceed the following minimum criteria:

[a] A minimum of two openings having a net total area of not less than one square inch for every square foot of enclosed space.

[b] The bottom of all openings shall be no higher than one foot above grade.

[c] Openings may be equipped with screens, louvers, etc., or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.

[9] For accessory structures that exceed 200 square feet area (footprint) and that are below the base flood elevation, a variance is required. If a variance is granted, a signed declaration of land restriction (nonconversion agreement) shall be recorded on the property deed prior to issuance of the certificate of occupancy.

[10] Prohibit the storage of dangerous or hazardous materials, including but not limited to those listed within this section, within accessory structures.

(3) Design and construction standards. The following minimum standards shall apply for all construction and development proposed within any identified floodplain area:

(a) Fill. Within any identified floodplain area the use of fill shall be prohibited. If a variance is obtained in accordance with required criteria, then the following provisions apply. If fill is used, it shall:

[1] Extend laterally at least 15 feet beyond the building line from all points;

[2] Consist of soil or small rock materials only; sanitary landfills shall not be permitted;

[3] Be compacted to provide the necessary permeability and resistance to erosion, scouring, or settling;

[4] Be no steeper than one vertical to two horizontal feet unless substantiated data justifying steeper slopes are submitted to, and approved by, the Floodplain Administrator; and

[5] Be used to the extent to which it does not adversely affect adjacent properties.

(b) Drainage facilities. Storm drainage facilities shall be designed to convey the flow of stormwater runoff in a safe and efficient manner. The system shall ensure proper drainage along streets, and provide positive drainage away from buildings. The system shall also be designed to prevent the discharge of excess runoff onto adjacent properties.

(c) Water and sanitary sewer facilities and systems.

[1] All new or replacement water supply and sanitary sewer facilities and systems shall be located, designed and constructed to minimize or eliminate flood damages and the infiltration of floodwaters.

[2] Sanitary sewer facilities and systems shall be designed to prevent the discharge of untreated sewage into floodwaters.

[3] No part of any on-site waste disposal system shall be located within any identified floodplain area except in strict compliance with all state and local regulations for such systems. If any such system is permitted, it shall be located so as to avoid impairment to it, or contamination from it, during a flood.

[4] The design and construction provisions of the UCC and FEMA No. 348, "Protecting Building Utilities From Flood Damages," and the "International Private Sewage Disposal Code" shall be utilized.

(d) Other utilities. All other utilities such as gas lines, electrical and telephone systems shall be located, elevated (where possible) and constructed to minimize the chance of impairment during a flood.

(e) Streets. The finished elevation of all new streets shall be above the regulatory flood elevation.

(f) Storage. All materials that are buoyant, flammable, explosive, or, in times of flooding, could be injurious to human, animal, or plant life, and not set forth in the section addressing development which may endanger human life, shall be stored at or above the regulatory flood elevation or floodproofed to the maximum extent possible.

(g) Placement of buildings and structures. All buildings and structures shall be designed, located, and constructed so as to offer the minimum obstruction to the flow of water and shall be designed to have a minimum effect upon the flow and height of floodwater.

(h) Anchoring.

[1] All buildings and structures shall be firmly anchored in accordance with accepted engineering practices to prevent flotation, collapse, or lateral movement.

[2] All air ducts, large pipes, storage tanks, and other similar objects or components located below the regulatory flood elevation shall be securely anchored or affixed to prevent flotation.

(i) Floors, walls and ceilings.

[1] Wood flooring used at or below the regulatory flood elevation shall be installed to accommodate a lateral expansion of the flooring, perpendicular to the flooring grain without causing structural damage to the building.

[2] Plywood used at or below the regulatory flood elevation shall be of a marine or water-resistant variety.

[3] Walls and ceilings at or below the regulatory flood elevation shall be designed and constructed of materials that are water-resistant and will withstand inundation.

[4] Windows, doors, and other components at or below the regulatory flood elevation shall be made of metal or other water-resistant material.

(j) Paints and adhesives.

[1] Paints and other finishes used at or below the regulatory flood elevation shall be of marine or water-resistant quality.

[2] Adhesives used at or below the regulatory flood elevation shall be of a marine or water-resistant variety.

[3] All wooden components (doors, trim, cabinets, etc.) used at or below the regulatory flood elevation shall be finished with a marine or water-resistant paint or other finishing material.

(k) Electrical components.

[1] Electrical distribution panels shall be at least three feet above the base flood elevation.

[2] Separate electrical circuits shall serve lower levels and shall be dropped from above.

(l) Equipment.

[1] Water heaters, furnaces, air-conditioning and ventilating units, and other electrical, mechanical or utility equipment or apparatus shall not be located below the regulatory flood elevation and shall be anchored to resist floatation, collapse, and lateral movement.

[2] Ductwork shall be elevated to or above the regulatory flood elevation or floodproofed to remain water resistant.

(m) Fuel supply systems. All gas and oil supply systems shall be designed to prevent the infiltration of floodwaters into the system and discharges from the system into floodwaters. Additional provisions shall be made for the drainage of these systems in the event that floodwater infiltration occurs.

(n) Uniform Construction Code coordination. The standards and specifications contained in 34 Pa. Code (Chapters 401 to 405, as amended) and not limited to the following provisions shall apply to the above and other sections and subsections of this section, to the extent that they are more restrictive and supplement the requirements of this section.

[1] International Building Code (IBC) 2009 or the latest revision thereof as adopted by the Commonwealth of Pennsylvania: Secs. 801, 1202, 1403, 1603, 1605, 1612, 3402, and Appendix G.

[2] International Residential Building Code (IRC) 2009 or the latest revision thereof as adopted by the Commonwealth of Pennsylvania: Secs. R104, R105, R109, R322, Appendix E, and Appendix J.

(4) Special requirements for subdivisions and development. All subdivision proposals and development proposals containing at least 50 lots or at least five acres, whichever is the lesser, in identified floodplain areas where base flood elevation data are not available, shall be supported by hydrologic and hydraulic engineering analyses that determine base flood elevations and floodway information. The analyses shall be prepared by a licensed professional engineer in a format required by FEMA for a conditional letter of map revision (CLOMR) and letter of map revision (LOMR). Submittal requirements and processing fees shall be the responsibility of the applicant.

(5) Special requirements for recreational vehicles. Within any floodway, recreational vehicles shall be prohibited.

(a) Recreational vehicles outside the floodway in Zones A, A1-30, AH and AE must:

[1] Be on the site for fewer than 180 consecutive days; and

[2] Be fully licensed and ready for highway use.

F. Prohibited uses.

(1) General. In accordance with the administrative regulations promulgated by the Department of Community and Economic Development to implement the Pennsylvania Flood Plain Management Act,[7] the following activities shall be prohibited within any identified floodplain area:

(a) The commencement of any of the following activities; or the construction, enlargement, or expansion of any structure used, or intended to be used, for any of the following activities:

[1] Sod farming.

[2] Removal of topsoil.

[3] Cutting or removal of trees, except necessary clearing for authorized construction and landscaping.

[4] Outdoor storage.

[5] Construction and maintenance of septic tanks and cesspools.

[6] Tennis courts with fencing.

[7] Manufactured homes.

[8] Hospitals.

[9] Nursing homes.

[10] Jails or prisons.

(b) The commencement of, or any construction of, a new manufactured home park or manufactured home subdivision, or substantial improvement to an existing manufactured home park or manufactured home subdivision.

(c) In accordance with the Pennsylvania Flood Plain Management Act,[8] and the regulations adopted by the Department of Community and Economic Development as required by the Act, any new or substantially improved structure which: 1) will be used for the production or storage of any of the following dangerous materials or substances; or 2) will be used for any activity requiring the maintenance of a supply of more than 550 gallons, or other comparable volume, of any of the following dangerous materials or substances on the premises; or 3) will involve the production, storage, or use of any amount of radioactive substances; shall be prohibited. The following list of materials and substances are considered dangerous to human life:

Acetone

Ammonia

Benzene

Calcium carbide

Carbon disulfide

Celluloid

Chlorine

Hydrochloric acid

Hydrocyanic acid

Magnesium

Nitric acid and oxides of nitrogen

Petroleum products (gasoline, fuel oil, etc.)

Phosphorus

Potassium

Sodium

Sulphur and sulphur products

Pesticides (including insecticides, fungicides, and rodenticides)

Radioactive substances, insofar as such substances are not otherwise regulated

[8] Editor's Note: See 32 P.S. § 679.101 et seq.

[7] Editor's Note: See 32 P.S. § 679.101 et seq.

G. Existing structures in identified floodplain areas.

(1) Existing structures. The provisions of this section do not require any changes or improvements to be made to lawfully existing structures. However, when an improvement is made to any existing structure, the below provisions shall apply to such improvements.

(2) Improvements. The following provisions shall apply whenever any improvement is made to an existing structure located within any identified floodplain area:

(a) No expansion or enlargement of an existing structure shall be allowed within any Floodway Area/District that would cause any increase in BFE.

(b) No expansion or enlargement of an existing structure shall be allowed within AE Area/District without floodway that would, together with all other existing and anticipated development, increase the BFE more than one foot at any point.

(c) Any modification, alteration, reconstruction, or improvement of any kind to an existing structure to an extent or amount of 50% or more of its market value shall constitute a substantial improvement and shall be undertaken only in full compliance with the provisions of this section.

(d) The above activity shall also address the requirements of the 34 Pa. Code, as amended, and the 2009 IBC and the 2009 IRC or most recent revision thereof as adopted by the Commonwealth of Pennsylvania.

(e) Within any Floodway Area/District, no new construction or development shall be allowed, unless the appropriate permit is obtained from the Department of Environmental Protection Regional Office.

H. Variances.

(1) General. If compliance with any of the requirements of this section would result in an exceptional hardship to a prospective builder, developer or landowner, the Township Zoning Hearing Board may, upon request, grant relief from the strict application of the requirements.

(2) Variance procedures and conditions. Requests for variances shall be considered by the Township Zoning Hearing Board in accordance with the procedures contained in the applicable sections of the Zoning Ordinance, those procedures contained in the within regulations, and the following:

(a) No variance shall be granted for any construction, development, use, or activity within any Floodway Area/District that would cause any increase in the BFE.

(b) No variance shall be granted for any construction, development, use, or activity within any AE Area/District without floodway that would, together with all other existing and anticipated development, increase the BFE more than one foot at any point.

(c) If granted, a variance shall involve only the least modification necessary to provide relief.

(d) In granting any variance, the Township Zoning Hearing Board shall attach whatever reasonable conditions and safeguards it considers necessary in order to protect the public health, safety, and welfare, and to achieve the objectives of this section.

(e) Whenever a variance is granted, the Township Zoning Hearing Board shall notify the applicant in writing that:

[1] The granting of the variance may result in increased premium rates for flood insurance.

[2] Such variances may increase the risks to life and property.

(f) In reviewing any request for a variance, the Township Zoning Hearing Board shall consider, at a minimum, the following:

[1] That there is good and sufficient cause.

[2] That failure to grant the variance would result in exceptional hardship to the applicant.

[3] That the granting of the variance will:

[a] Neither result in an unacceptable or prohibited increase in flood heights, additional threats to public safety, or extraordinary public expense;

[b] Nor create nuisances, cause fraud on, or victimize the public, or conflict with any other applicable state or local ordinances and regulations.

(g) A complete record of all variance requests and related actions shall be maintained by the Township Zoning Hearing Board. In addition, a report of all variances granted during the year shall be included in the annual report to the FEMA.

(h) Notwithstanding any of the above, however, all structures shall be designed and constructed so as to have the capability of resisting the one-percent-annual-chance flood.

I. Definitions.

(1) General. Unless specifically defined below, words and phrases used in this section shall be interpreted so as to give this section its most reasonable application.

(2) Specific definitions. As used in this section, the following terms shall have the meanings indicated:

ACCESSORY USE OR STRUCTURE

A use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure.

BASE FLOOD

A flood which has a one-percent chance of being equaled or exceeded in any given year (also called the "one-hundred-year flood" or "one-percent-annual-chance flood").

BASE FLOOD DISCHARGE

The volume of water resulting from a base flood as it passes a given location within a given time, usually expressed in cubic feet per second (cfs).

BASE FLOOD ELEVATION (BFE)

The elevation shown on the Flood Insurance Rate Map (FIRM) for Zones AE, AH, A1-30 that indicates the water surface elevation resulting from a flood that has a one-percent-or-greater chance of being equaled or exceeded in any given year.

BASEMENT

Any area of the building having its floor below ground level on all sides.

BUILDING

A combination of materials to form a permanent structure having walls and a roof. Included shall be all manufactured homes and trailers to be used for human habitation.

DECLARATION OF LAND RESTRICTION (NONCONVERSION AGREEMENT)

A form signed by the property owner to agree not to convert or modify in any manner that is inconsistent with the terms of the permit and these regulations, certain enclosures below the lowest floor of elevated buildings and certain accessory structures. The form requires the owner to record it on the property deed to inform future owners of the restrictions.

DEVELOPMENT

Any man-made change to improved or unimproved real estate, including but not limited to the construction, reconstruction, renovation, repair, expansion, or alteration of buildings or other structures; the placement of manufactured homes; streets, and other paving; utilities; filling, grading and excavation; mining; dredging; drilling operations; storage of equipment or materials; and the subdivision of land.

EXISTING MANUFACTURED HOME PARK OR SUBDIVISION

A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community.

EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION

The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

FLOOD

A temporary inundation of normally dry land areas.

FLOOD INSURANCE RATE MAP (FIRM)

The official map on which the Federal Emergency Management Agency has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.

FLOOD INSURANCE STUDY (FIS)

The official report provided by the Federal Emergency Management Agency that includes flood profiles, the Flood Insurance Rate Map, the Flood Boundary and Floodway Map, and the water surface elevation of the base flood.

FLOODPLAIN AREA

A relatively flat or low land area which is subject to partial or complete inundation from an adjoining or nearby stream, river or watercourse; and/or any area subject to the unusual and rapid accumulation of surface waters from any source.

FLOODPROOFING

Any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

FLOODWAY

The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.

HIGHEST ADJACENT GRADE

The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

HISTORIC STRUCTURES

Any structure that is:

(a) Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

(b) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

(c) Individually listed on a state inventory of historic places in states which have been approved by the Secretary of the Interior; or

(d) Individually listed on a local inventory of historic places in communities with historic preservation that have been certified either:

[1] By an approved state program as determined by the Secretary of the Interior; or

[2] Directly by the Secretary of the Interior in states without approved programs.

IDENTIFIED FLOODPLAIN AREA

This term is an umbrella term that includes all of the areas within which the community has selected to enforce floodplain regulations. It will always include the area identified as the special flood hazard area on the Flood Insurance Rate Maps and Flood Insurance Study, but may include additional areas identified by Township as requiring further study.

LOWEST FLOOR

The lowest floor of the lowest fully enclosed area (including basement). An unfinished, flood-resistant partially enclosed area, used solely for parking of vehicles, building access, and incidental storage, in an area other than a basement area is not considered the lowest floor of a building, provided that such space is not designed and built so that the structure is in violation of the applicable nonelevation design requirements of this section.

MANUFACTURED HOME

A structure, transportable in one or more sections, which is built on a permanent chassis, and is designed for use with or without a permanent foundation when attached to the required utilities. The term includes park trailers, travel trailers, recreational and other similar vehicles which are placed on a site for more than 180 consecutive days.

MANUFACTURED HOME PARK OR SUBDIVISION

A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

NEW CONSTRUCTION

Structures for which the start of construction commenced on or after September 29, 2017, and includes any subsequent improvements to such structures. Any construction started after September 30, 1981, and before September 29, 2017, is subject to the ordinance in effect at the time the permit was issued, provided the start of construction was within 180 days of permit issuance.

NEW MANUFACTURED HOME PARK OR SUBDIVISION

A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by a community.

PERSON

An individual, partnership, public or private association or corporation, firm, trust, estate, municipality, governmental unit, public utility or any other legal entity whatsoever, which is recognized by law as the subject of rights and duties.

POST-FIRM STRUCTURE

A structure for which construction or substantial improvement occurred after December 31, 1974, or on or after the Township's initial Flood Insurance Rate Map (FIRM) dated September 30, 1981, whichever is later, and, as such, would be required to be compliant with the regulations of the National Flood Insurance Program.

PRE-FIRM STRUCTURE

A structure for which construction or substantial improvement occurred on or before December 31, 1974, or before the Township's initial Flood Insurance Rate Map (FIRM) dated September 30, 1981, whichever is later, and, as such, would not be required to be compliant with the regulations of the National Flood Insurance Program.

RECREATIONAL VEHICLE

A vehicle which is:

(a) Built on a single chassis;

(b) Not more than 400 square feet, measured at the largest horizontal projections;

(c) Designed to be self-propelled or permanently towable by a light-duty truck;

(d) Not designed for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

REGULATORY FLOOD ELEVATION

The base flood elevation (BFE) or estimated flood height as determined using simplified methods plus a freeboard safety factor of 1 1/2 feet. The freeboard safety factor also applies to utilities and ductwork.

SPECIAL FLOOD HAZARD AREA (SFHA)

An area in the floodplain subject to a one-percent-or-greater chance of flooding in any given year. It is shown on the FIRM as Zone A, AO, A1-A30, AE, A99 or AH.

START OF CONSTRUCTION

Includes substantial improvement and other proposed new development and means the date the permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days after the date of the permit and shall be completed within 12 months after the date of issuance of the permit unless a time extension is granted, in writing, by the Floodplain Administrator. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

STRUCTURE

A walled and roofed building, including a gas or liquid storage tank, that is principally aboveground, as well as a manufactured home.

SUBDIVISION

The division or redivision of a lot, tract, or parcel of land by any means into two or more lots, tracts, parcels or other divisions of land including changes in existing lot lines for the purpose, whether immediate or future, of lease, partition by the court for distribution to heirs, or devisees, transfer of ownership or building or lot development; provided, however, that the subdivision by lease of land for agricultural purposes into parcels of more than 10 acres, not involving any new street or easement of access or any residential dwelling, shall be exempted.

SUBSTANTIAL DAMAGE

Damage from any cause sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% or more of the market value of the structure before the damage occurred.

SUBSTANTIAL IMPROVEMENT

Any reconstruction, rehabilitation, addition, or other improvement of a structure, of which the cost equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions.

UNIFORM CONSTRUCTION CODE (UCC)

The statewide building code adopted by the Pennsylvania General Assembly in 1999 applicable to new construction in all municipalities whether administered by the municipality, a third party or the Department of Labor and Industry. Applicable to residential and commercial buildings, the Code adopted the International Residential Code (IRC) and the International Building Code (IBC), by reference, as the construction standard applicable with the state floodplain construction. For coordination purposes, references to the above are made specifically to various sections of the IRC and the IBC.

VIOLATION

The failure of a structure or other development to be fully compliant with the Township's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in 44 CFR 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) is presumed to be in violation until such time as that documentation is provided.

§ 155-132 (Reserved)

§ 155-133 (Reserved)

§ 155-134 (Reserved)

§ 155-135 (Reserved)