Caln Township, PA Zoning Ordinance

§ 155-111 Statement of intent.

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

The provisions contained in Article VIII 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.

§ 155-112 Access to lots, buildings, structures and uses.

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.

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.

§ 155-113 Accessory uses and structures.

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

(1)

Unless a different regulation is specified in this chapter, no accessory building or structure for a residential use shall be permitted within a required front yard or side yard or within five feet of the rear lot line, except for fences, walls, or signs.

(2)

Garages, porches, decks, terraces, patios and similar buildings or structures which are located within the rear yard of single-family semidetached dwellings, townhouse 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.

(3)

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.

(4)

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.

(5)

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.

(6)

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.

(7)

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 and are not located in front of the principal dwelling. 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.

(8)

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.

(9)

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

(10)

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.

(11)

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

(12)

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

(13)

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.

(14)

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.

(15)

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.

(16)

Fences, walls and hedges shall comply with the provisions specified by this Code.

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)

(9)

Fences, walls and hedges shall comply with the provisions specified by this Code.

§ 155-115 Home occupation regulations.

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.

Category 1 home occupations shall be permitted by right in all 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 shall 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.

Category 2 home occupations shall be permitted by right within all 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)

(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.

(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.

§ 155-116 Height exceptions.

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.

The projection of the exempted structures specified within § 155-116A 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.

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.

§ 155-117 Front yard and lot width exceptions.

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.

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 shall be established at 90° angles to the street line tangents or radial to the street line curves.

§ 155-118 Flag lots or key hole lots.

Flag lots or key hole lots are permitted in all districts where residential uses are permitted, 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 than 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.

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 in fee simple and extended from an existing public or private 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.

(c)

The 50-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 50-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. Common driveways shall be prohibited as part of a flag lot design.

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.

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.

§ 155-119 Visibility at street intersections.

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.

The functional classifications of all existing streets within Caln Township are identified within the Caln Township Comprehensive Plan, as adopted in 2017.

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

§ 155-120 Corner lot restrictions and requirements.

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.

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 to the appropriate side and rear yard setback requirements for the zoning district to which the preexisting lot is located.

All corner lots shall comply with the provisions established for visibility at street intersections, as provided under this Code.

§ 155-121 Fences, walls and hedges.

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.

(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.

The following walls and fences shall be exempt from the provisions established under § 155-121 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 resource.

(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.

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.

§ 155-122 Projections into yards.

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 18-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 18-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, townhouse 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.

(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.

§ 155-124 Common open space.

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.

(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 resources as open space; protecting the character of historic and cultural resources by encouraging the designation of surrounding land as open space; and by implementing the Caln Township Comprehensive Plan.

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

(1)

All residential and nonresidential 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 mixed-use village developments requiring common open space, as specified under Article VI of this chapter, shall comply with the appropriate provisions established under Article VI of this chapter.

(3)

Where residential or nonresidential developments do not specifically require common open space, as defined under Article VII 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.

Except as specified in Article VI or Article VII, the following uses shall be permitted within areas designated as common open space:

(1)

Recreation uses, subject to the provisions 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 this Code.

(4)

Municipal uses, subject to the provisions of this Code.

(5)

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

(6)

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

Except as specified in Article VI or Article VII, 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 100-year floodplain, areas delineated as wetlands and/or areas with a slope of 20% or greater.

(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.

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.

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.

§ 155-125 Landscaping.

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 § 155-125D 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.

(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 § 155-125 of this chapter.

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 regulations require buffer yards, screening and/or planting strips.

(4)

All mixed-use village developments.

(5)

All conservation subdivision design developments.

(6)

All residential or nonresidential developments requiring landscaping plans, as specified under Article VII of this chapter.

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 § 155-125D 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 dwelling unit or lot. The overall development shall contain at least three selected canopies, 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. Multifamily uses shall provide a minimum of one selected canopy, flowering or evergreen trees per dwelling unit or lot which may be planted as either street trees, as part of the buffer yard or within areas designated as open space.

(5)

Conservation subdivision design developments and continuing care retirement communities shall provide a minimum of three selected canopy, flowering or evergreen trees per dwelling unit or 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 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 condition of the site exceeds all applicable requirements listed under this section of the Code.

(14)

All landscape plans shall be prepared and certified by a registered landscape architect.

The approved list of selected trees and shrubs, which may be utilized to meet the standards and specifications for buffer yards and landscaping, is attached hereto and incorporated in Appendix P.[1] Species selection shall be based upon the existing physical and natural conditions of the site.

[1]

Editor's Note: Said appendix is included as an attachment to this chapter.

Existing native vegetation, such as wood lots, hedgerows and trees with a diameter at breast height (dbh) of two inches or more at a height of three feet or vegetation listed on the Pennsylvania Natural Diversity Inventory (PNDI), shall be preserved to the maximum extent possible and incorporated into buffering, screening, and landscaping plans. Such trees may be credited toward buffering, screening and landscaping requirements.

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 § 155-125D, 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.

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.

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.

§ 155-126 Temporary structures and uses, and special uses.

No temporary structure or use or special use shall be established unless a permit evidencing the compliance of such structure or use with the provisions of this § 155-126 and § 155-175 shall have first been issued.

Temporary structures and uses shall be subject to the following standards in addition to § 155-175 and all other requirements of this chapter.

(1)

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

(2)

Temporary structures and uses shall be permitted in all zoning districts.

Special uses shall be subject to the following standards in addition to § 155-175 and all other requirements of this chapter:

(1)

Special uses may be permitted in the TVC, VG, C, CRE and I-1 Zoning Districts.

(2)

Special uses shall include the following events: carnivals; circuses; bazaars; fairs; municipal and civic events; farmers markets; sale of Christmas trees, holiday flowers, and pumpkins; car shows, and car washes; and similar events as determined by the Zoning Officer.

(3)

The sale of fireworks and furniture/household-related items such as carpets and oriental rugs shall be prohibited.

§ 155-127 Outdoor storage and sales.

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.

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.

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.

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.

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.

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.

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. All permitted commercial outdoor sales or display areas shall comply with the minimum setback requirements for the zoning district to which the commercial use is located.

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.

§ 155-128 Prohibited uses.

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.

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.

§ 155-129 Exterior lighting.

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.

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.

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 10-foot-by-10-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.

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.

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.

Caln Township reserves the right to conduct a post installation nighttime inspection to verify compliance with the requirements 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.

§ 155-130 Swimming pools and therapeutic spas.

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.

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 § 155-91 of this chapter of the Code.

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 manufacturer's specifications.

(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.

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.

§ 155-131 Solar photovoltaic systems as accessory uses.

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.

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.

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 as an accessory use to any lawfully permitted principal use on the same lot subject to compliance with all requirements of this section.

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

Building-mounted systems.

(1)

Building-mounted systems shall be permitted to face any rear, side and front yard area. 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.

Ground-mounted systems.

Ground-mounted systems shall be permitted as an accessory use in the R-1, R-2, C, TVC, VG and I-1 Districts. Ground-mounted systems shall not be located in the front yard.

(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.

(2)

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

(3)

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.

(4)

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

(5)

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.

(6)

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.

(7)

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.

(8)

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.

(9)

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

(10)

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.

(11)

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

(12)

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.

§ 155-133 Airport hazard area.

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 GO Carlson Airport Surface Area Map which is attached hereto and incorporated in Appendix Q.[2]

[1]

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

[2]

Editor's Note: Said appendix is included as an attachment to this chapter.

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 GO Carlson Airport Surface Map which is attached hereto and shall be found in the appendix to this chapter.

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.

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.

§ 155-134 Keeping of chickens as domestic pets.

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.

Standards for keeping chickens.

(1)

The maximum number of hens which shall be allowed on lots with single-family dwellings 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.

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.

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.

§ 155-135 Design standards for Thorndale Village Center District and Village Gateway District.

All new buildings and all additions to or renovations of existing buildings shall comply with the standards established by this § 155-135. All applications for such building or improvements shall be accompanied by documentation demonstrating compliance with the said standards.

Building location.

(1)

Lots at street corners shall have buildings located at the minimum front yard setback along both street frontages in order to define the corner, except that the Board may permit the corner to be occupied by a plaza or other civic/public space.

(2)

Building location may be modified if necessary to allow the redevelopment or reuse of the lot or building, provided the applicant demonstrates that literal compliance with the building location requirements makes redevelopment impracticable or creates undue hardship given the site constraints.

Buffer yard.

(1)

Where a property line directly abuts a residential district or residential use, or where a property line abuts a street and a residential district or use is located across the street, a landscaped buffer yard of not less than 15 feet in width shall be provided, subject to the provisions of § 155-125. The required front, side, or rear yard setback shall be adjusted where necessary to provide the buffer yard.

(2)

In the case of a side or rear property line, such buffer yard shall include evergreen trees a minimum of seven feet high and planted 20 feet on center in a staggered double row.

(3)

No parking shall be permitted in the buffer yard.

Off-street parking and loading. Off-street parking and loading shall comply with Article IX and the following:

(1)

Parking may be surface, structured, or pedestal parking or a combination thereof. Multifamily residential developments shall be encouraged to explore pedestal construction to provide space on the ground for parking.

Pedestal building with pedestal parking on ground level under the first floor

(2)

Parking areas shall be interconnected, to the extent feasible, with parking areas on adjacent properties to facilitate vehicular circulation. When interconnected parking areas are not immediately feasible, the applicant shall provide access easements and design the parking area to facilitate future connections.

(3)

Parking and loading areas and access to parking and loading areas shall be located to the rear and/or side of buildings. A hotel or motel may have an additional customer drop-off area in front of its primary entrance.

(4)

On a corner lot, if surface parking and exterior loading cannot be behind the building and screened from view, then the parking shall be located along the street with the least amount of vehicular traffic or along the street with the least amount of pedestrian activity.

(5)

The use of joint access driveways, rear alleys to provide access to the rear of lots, and joint parking shall be encouraged. Joint parking shall be in accordance with Article IX. The applicant shall establish by credible evidence that the development utilizes the maximum available joint parking spaces, if applicable.

(6)

All parking and loading areas shall be landscaped and screened in accordance with Article IX. Where it is determined that parking to the side or rear of the building is not feasible and the Board permits parking in the front yard, such parking area shall be screened in accordance with Article IX.

(7)

Structured parking shall comply with the following:

(a)

Structured parking shall be integrated into the principal building and shall adhere to the required yard dimensions of the zoning district in which it is located.

(b)

Structured parking shall not exceed the constructed height of the principal building.

(c)

In the case of a pedestal building, pedestal parking shall be limited to the ground floor.

(d)

Every facade of a parking structure visible from a public or private street or pedestrianway shall match the architectural style and material of the primary building.

(e)

Any structured parking facility with frontage on a street shall have a facade along the entire length of each ground floor which faces a street. Such facades may be comprised of other uses permitted in the district, such as retail or restaurant, and may relieved only by a vehicular entranceway to the garage area.

(f)

That part of a parking garage that is not concealed behind a liner building shall have a facade that conceals all internal elements, such as plumbing pipes, fans, and ducts.

(g)

Sloping floors and bare slabs shall not be visible from any public street except at access points.

(h)

Vehicular access to parking structures shall be from side streets or alleys wherever possible.

(i)

Vehicular entrances to parking structures shall be designed using architectural treatments such as recesses, peaked roof forms and arches with the intention of minimizing the appearance of a parking garage. The use of chains, bars or similar security devices that are visible from a street shall be prohibited.

(j)

Interior drives shall be designed to prevent blockage of vehicles entering or leaving the site. Drives shall be one-way.

(k)

Minimum interior drive cartway widths, with no abutting parking, for a multifamily pedestal building shall be one lane, one-way with a minimum cartway width of 12 feet.

(l)

Minimum interior drive cartway widths, with no abutting parking, for a mixed use/commercial building buildings shall be one lane, one-way with a minimum cartway width of 14 feet.

(m)

Off-street parking facilities shall have a minimum vertical clearance of 98 inches. If the facility is used for loading, the minimum clearance is 15 feet.

Bicycle parking.

(1)

Bicycle parking facilities such as bike racks shall be provided. Mixed-use and multifamily residential uses shall include interior bicycle parking for residents as well as exterior bike parking for visitors.

(2)

The number of bicycle parking spaces shall be provides as follows:

(a)

For residential uses with greater than eight residential dwelling units, one bicycle parking space shall be provided for every two dwelling units.

(b)

For non-residential uses, one bicycle parking space per 2,000 square feet of gross leasable area.

(c)

For public gathering spaces in accordance with Subsection M, below, one bicycle space shall be provided for every 300 square feet of public gathering space.

(d)

The Board of Commissioners may, by conditions of approval, hold in reserve or reduce the number of required bicycle parking spaces, provided that the applicant demonstrates that there are ample facilities available for use nearby and provides evidence of an agreement from the owner of such facilities for shared use of the bicycle parking spaces.

(3)

Bicycle parking shall be no more than 50 feet from a main pedestrian accessible building entrance.

(4)

Parked bicycles shall have the following minimum clearances:

(a)

At least five feet from fire hydrants.

(b)

At least four feet from loading zones and street signs.

(c)

At least three feet from driveways and manholes.

(d)

At least two feet from utility meters and tree planters.

(e)

At least 14 inches from the curb.

(5)

Bike racks located adjacent to private or public streets are subject to the following:

(a)

Bike racks installed parallel to curbs shall be set back from the curb a minimum of two feet.

(b)

Bike racks installed perpendicular to curbs shall allow for a minimum clearance of two feet at the curb and five feet of pedestrianway with a 56-centimeter bicycle properly locked to the rack.

(c)

Bike racks shall be spaced a minimum of 36 inches apart.

(d)

Bike racks shall allow bicycle frames to be locked at two points of contact with the rack.

(6)

Bike racks shall meet the following criteria:

(a)

Support the bicycle in at least two places to prevent the bike from falling over.

(b)

Allow bicyclists to lock the frame and one wheel with a U-lock.

(c)

Be securely anchored to the ground or a wall.

(d)

Resist cutting, rusting, bending, or other deformation.

(e)

Provide enough space between bike positions to realistically accommodate a bicycle locked in every spot.

(f)

Inverted "U" or "A" and post and loop racks shall be installed, with design consistent with benches and fencing to support the cohesive look of the Lincoln Highway corridor. Bike racks shall have a black powder coat or black epoxy paint finish.

(g)

Comb, toast, wave, schoolyard, and other wheel-bending racks that provide no support for the bicycle frame shall not be used.

(h)

Bike racks shall be securely attached to the ground or a wall.

(i)

Lighting. In addition to the standards in § 155-129 of this Zoning Ordinance and § 137-48 of the Subdivision and Land Development Ordinance lighting shall comply with the following standards. Where a conflict exists between this Subsection F and § 155-129 and/or § 137-48, the standards in this Subsection F shall apply.

(1)

Streetlights. Streetlight design is intended to enhance pedestrian safety on adjoining sidewalks and parking lots, create a sense of place and community identity, and contribute to an attractive streetscape along the Lincoln Highway.

(a)

Pedestrian-scaled streetlights shall conform to the model and design of Hadco's Hagerstown LED top post with corresponding pole, or approved equal, as specified by the Township Engineer.

(b)

Streetlights shall be installed along all street frontages at regular intervals, with a minimum of one streetlight for every 50 feet of street frontage unless manufacturer specifications require other spacing.

(c)

Street light poles shall be equipped to carry a vertical banner.

(d)

Streetlights shall have an exterior power source with connection to be installed at top of light.

(e)

Streetlight shall have a use agreement and easement for Caln Township use.

Streetscape amenities. Streetscape amenities are intended to enhance the pedestrian- and transit user-friendliness of the Lincoln Highway corridor, and shall be provided and coordinated with adjacent properties to meet overall Lincoln Highway design objectives. Such amenities shall not impede pedestrian or vehicular movement or create any hazardous condition. The following streetscape treatments, including provision for their regular upkeep and maintenance, shall be provided:

(1)

Landscaping.

(a)

A grass buffer/verge having a minimum width of five feet shall be provided between the sidewalk and curb to provide space for street lights, traffic signs, utilities, and similar installations.

Grass buffer/verge, sidewalk, and planting strip

(b)

A planting strip having a minimum width of five feet shall be provided between the edge of the sidewalk and building setback line to provide space for landscaping, screening, and pedestrian amenities such as benches.

[1]

Shade trees with a minimum caliper of 2.5 inches shall be provided at a rate of one tree per 30 feet linear feet of street frontage. Trees shall be planted every 30 feet on center or as required to accommodate tree canopy at full maturity, except that clustering of trees may be permitted where it will enhance the visual appearance of the streetscape or buildings, screening, shading, or public safety, or where site conditions preclude regular spacing.

[2]

Deciduous and evergreen shrubs with a minimum height of two feet and maximum height of three feet, and groundcover plantings, shall also be installed along the length of the planting strip or in clustered plantings. Species selection shall comply with § 155-125.

[3]

Fences or walls may be included in the planting strip in accordance with Subsection G(2), below.

[4]

Where the planting strip is adjacent to a surface parking area, the landscaping treatment shall be of sufficient density to provide a visual screen from vehicles within the parking area.

[5]

The planting strip shall be installed continuously along the entire width of the lot next to the sidewalk except where adjacent to a building, building entrance, or public gathering space that directly abuts the sidewalk. In other instances where a five-foot planting strip is not feasible due to limited depth or other conditions, and subject to approval by the Township, planters and other forms of decorative plantings may be substituted or trees may be planted within the verge or sidewalk area in a planting island measuring four feet by four feet and located such that they will not interfere with signage, lighting, utilities, or other installations.

(c)

Where a bench is installed along the streetscape, a minimum of one shade tree shall be planted within a distance of the bench such that the tree, at maturity, will cast shade on the bench in order to minimize sun exposure.

(2)

Fences and walls. In addition to the standards in § 155-121, fences and walls shall comply with the following standards. Where a conflict exists between this Subsection G(2) and § 155-121 the standards in this Subsection G(2) shall apply.

(a)

Where a building does not closely adjoin the sidewalk and define the street wall, a fence, wall, or landscaping, or combination thereof shall be used to define the street wall and screen any surface parking lot that is visible from the street.

(b)

Fences shall be black metal estate design with openings between rails to avoid a stockade-like appearance.

(c)

Fences along the primary frontage shall be a maximum of four feet in height.

(d)

Fence height shall be measured from the existing grade at the location of the fence.

(e)

Fence posts and columns shall not exceed the height of the top of the fence by more than six inches and shall be finished and/or capped.

(f)

Fences may be located at the right-of-way or set back from the right-of-way to permit landscaping. When erected at a right-of-way line, all of the fence and any of its supporting structures shall be contained within the lot.

(g)

The top of the fence panel shall be level and fence panels shall step down as the grade changes.

(h)

Fencing may be used in combination with brick masonry columns or a brick masonry base with brick masonry columns. Columns shall be up to two feet by two feet square and the tops of the columns shall be level allowing for step down as the grade changes. The columns shall be shall be regularly spaced and shall occupy of no more than 25% of the length of the fence. A brick masonry base shall be a maximum of three feet in height.

(i)

Wall material shall be brick masonry and the top of the wall shall be capped.

(j)

Wall height shall be a maximum of four feet.

(k)

Fence height shall be measured from the existing grade at the location of the fence.

(l)

Fences or walls greater than 40 feet in length shall incorporate some form of visual relief, including but not limited to pattern breaks, varying wall construction, vertical features such as columns, or combinations of the above.

(3)

Bollards.

(a)

Bollards shall be used to prevent pedestrian and vehicular conflicts wherever curbs are flush between vehicular and pedestrian areas for a distance of 10 feet or greater. The bollards shall be located between the curb and pedestrian area.

(b)

Bollards shall have a concrete footing, direct burial or sleeve, with a minimum depth of three feet below grade.

(c)

Bollards shall be at a height of 30 inches to 42 inches above grade, with a minimum diameter of six inches.

(d)

Bollards shall be composed of cast iron or reinforced concrete.

(e)

Cast iron bollards shall have a black powder coat or black epoxy paint finish.

(4)

Benches.

(a)

Public benches shall be provided at intervals of no less than 100 feet on each block, except that where a bus stop exists, an additional bench shall be provided at said bus stop.

(b)

Benches shall be located within the planting strip or, where installation with in the planting strip is not feasible, to the back of the sidewalk (the side closest to the building) out of the way of pedestrian traffic and shall be anchored in a footing to provide stability. Where necessary, the width of the sidewalk shall be increased at the bench location in order to accommodate the bench and maintain an unobstructed six-foot wide sidewalk expanse for pedestrian movement.

(c)

Benches shall conform to the Bench Factory's Northgate Bench with Arched Back design or approved equal, as approved by the Board of Commissioners.

(5)

Waste receptacles.

(a)

A minimum of one public trash receptacle and one public recycling receptacle shall be provided next to each bench required by Subsection G(4), above.

(b)

Trash and recycling receptacles shall be located in pairs. Where a bench or benches exist on the block, a pair of waste receptacles shall be located in close proximity to the bench or benches.

(c)

Waste receptacles shall conform to the Barco Comfort Series (black with closed lid) design and Barco Teleview Round Recycler (black with flat lid) design or approved equal, as approved by the Board of Commissioners, and shall be anchored to a concrete pad or other hard surface.

Bus stops and shelters. Bus stops and bus stop shelters are intended to enhance the convenience and safety of public transportation users along the Lincoln Highway, and shall comply with the following:

(1)

The applicant shall install bus stop facilities, bus stop shelters, and associated infrastructure and amenities, as deemed appropriate by SEPTA and the Township.

(2)

The applicant shall notify and coordinate with SEPTA and the Township to determine if a bus stop is appropriate when the proposed subdivision or land development meets any one of the criteria listed in Subsections H(2)(a) through (d), below.

(a)

The subdivision or development is located along an existing or planned fixed route public transit service.

(b)

During any one-hour time period of any day of the week, the development is expected to generate 100 or more vehicle trips entering the development or 100 or more vehicle trips exiting the development.

(c)

For existing sites being redeveloped, the site is expected to generate 100 or more additional trips entering or exiting the development during any one-hour time period of any day of the week.

(d)

In the opinion of the Township Traffic Engineer, the development or redevelopment is expected to have a significant impact on the transportation system, even if the above criteria are not met.

(3)

The applicant shall upgrade existing bus stops on the subject property to meet current SEPTA design standards and ADA requirements.

(4)

Bus stops, bus stop shelters, and associated infrastructure and amenities shall be designed and constructed using SEPTA's Bus Stop Design Guidelines and in accordance with ADA requirements. Early coordination with SEPTA staff is needed in order to address design standards and ADA and passenger access and safety issues.

(5)

Bus stop street furniture shall include, but is not limited to, bus passenger benches and waste receptacles. Benches shall be oriented toward the street in order to be useful to bus passengers.

(6)

All bus stops and bus stop shelters shall have paved walkways with direct access and connections to adjacent development, parking lots, and sidewalks/walkways.

(7)

Bus stops, bus stop shelters, and approaching walkways shall be illuminated to add safety and convenience.

(8)

Bus stop passenger information signs shall be installed as required by SEPTA.

(9)

The size of the bus stop shelter and amount of seating shall be sufficient to accommodate expected peak passenger volume at the bus stop.

(10)

All bus stop shelters shall be erected on a durable, non-slip, all weather surface composed of either brick, stone, precast ornamental concrete pavers or poured in place concrete, provided such surface is ADA compliant.

(11)

All bus stop shelters shall include an opaque roof or canopy and shall be enclosed on three sides for protection against sun exposure, rain, snow, wind or other weather elements. Partial enclosure of a fourth side may be permitted for further protection. All metal components shall have a black powder coat or black epoxy paint finish.

(12)

Specifications for the bus stop shelter and foundation shall be consistent with the manufacturer's specifications (if applicable) and approved by SEPTA and the Township.

(13)

The location of the bus stop shelter shall conform to clear sight triangles and other minimum sight distance requirements for driveways and intersections. The shelter shall provide a clear view of the roadway and approaching bus.

(14)

The location of a bus stop shelter shall not interfere with horizontal clearance for access and maintenance, including pedestrian traffic along a sidewalk or curb ramps. A minimum clearance of five feet shall be maintained around the shelter.

(15)

On-street parking and loading zones shall be prohibited at the bus stop to avoid obstructing the curbside in the area of the bus stop and to provide sufficient space for the bus to pull up to the loading pad.

(16)

The applicant shall provide evidence to the Township that it has notified and coordinated with SEPTA regarding bus stop and bus stop shelter location, design, and specifications. The bus stop and bus stop shelter location and design shall be reviewed and approved by SEPTA. The applicant shall provide the Township with written documentation from SEPTA certifying that a location is an existing or potential future bus stop, and approving the location, design, and specifications of the bus stop, bus stop shelter, and associated infrastructure and amenities.

(17)

The owner of the property on which the bus stop is located shall maintain the bus stop, bus stop shelter, and all associated infrastructure and amenities in good condition such that they continually meet SEPTA and Township standards.

§ 155-136 Nonresidential performance standards and controls.

Unless otherwise specified by the Caln Township Code, all nonresidential uses shall comply with the performance standards and controls specified by the Caln Township Code, as determined appropriate by the Caln Township Engineer, Zoning Officer or Code Enforcement Officer.

The following requirements for air quality and management shall apply to all existing and proposed nonresidential uses:

(1)

Open burning shall only be permitted if it conducted in accordance with the provisions specified under Chapter 64 of the Caln Township Code.

(2)

No gases, vapors, odors and/or particulates shall be emitted from any nonresidential use which are detrimental to persons, property, animals or vegetation.

(3)

No toxic, radioactive or corrosive gases, vapors or fumes shall be released into the atmosphere.

(4)

No odors causing annoyance or discomfort to the adjacent residents shall be detectable beyond the property lines of the nonresidential use on which such odors originate.

(5)

Any storage or spreading of manure, sludge, fertilizer or other soil enrichment substances shall be conducted in a manner to limit odor and as required with all local, state and federal laws.

(6)

All state and federal regulations concerning air pollution or air quality shall be considered as minimum standards for the control of smoke, dust, fumes and emissions.

The following requirements for noise and vibration control shall apply to all existing and proposed nonresidential uses:

(1)

Noise shall be regulated by the provisions of Article XIII of this chapter.

(2)

No physical vibration shall be perceptible without aid of instruments at or beyond the lot lines with the exception of temporary construction activity.

The following requirements for light, glare and heat control shall apply to all nonresidential uses:

(1)

Any nonresidential use or operation producing intensive light, glare and/or heat shall be performed within an enclosed building or behind a solid fence in such a manner as to be completely imperceptible from any point beyond the boundary lines.

(2)

No luminaire, spotlight or other source that is within 200 feet of a residential use or residential district shall be placed at a height exceeding 30 feet above the average surrounding ground level. This limitation shall not apply to lights needed for air safety or lights intended to illuminate an architectural feature.

(3)

All light sources utilized for nonresidential uses shall be shielded or diffused to prevent the lighting from creating a nuisance to adjacent properties or prevent a distraction to motorist on adjacent public streets.

(4)

Any flashing, flickering or strobe lighting shall be imperceptible from any point beyond the boundary lines.

(5)

All nonresidential uses shall also comply with the provisions specified under § 155-129 of this chapter.

The following requirements for wastewater management and water supply shall apply to all existing and proposed nonresidential uses:

(1)

In no case shall potentially hazardous effluent or waste from any nonresidential use be discharged into the environment or public infrastructure.

(2)

The effluent from any nonresidential use shall meet the standards specified by Caln Township, the Caln Township Municipal Authority, the Pennsylvania American Water Company, the Downingtown Area Regional Authority and/or the Pennsylvania Department of Environmental Protection.

(3)

All nonresidential uses shall comply with the appropriate provisions of Chapter 124 (Sewage Disposal Systems) and Chapter 128 (Sewers) of the Caln Township Code.

The following requirements for solid waste management and disposal shall apply to all existing and proposed nonresidential uses:

(1)

No storage of solid waste materials on the site shall be permitted in excess of 10 days.

(2)

All solid waste materials awaiting transport shall be properly screened and concealed from the view of all adjacent properties. All containers shall be airtight, verminproof and have adequate storage capacity to accommodate existing and projected volumes of solid waste.

(3)

All solid waste management violations must be rectified within a 24-hour period.

(4)

Incineration for the purpose of reducing or disposing of liquid or solid waste material must comply with the Caln Township Code as well as all state and federal air quality standards.

(5)

All nonresidential uses shall comply with the appropriate provisions of Chapter 87 (Garbage, Rubbish and Refuse) of the Caln Township Code.

The following requirements for outdoor storage shall apply to all existing and proposed nonresidential uses:

(1)

Outdoor storage of any type shall be prohibited if such storage is considered and/or construed as malodorous, hazardous to the environment and potentially detrimental to the health and safety of the adjacent property owners.

(2)

All storage facilities for fuel, raw materials and products stored outdoors shall be enclosed by a security fence and planting screen adequate to conceal the storage facilities from the view of adjacent properties.

(3)

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.

(4)

No materials or substances which have the potential to contaminate groundwater or surface water shall be permitted to be stored outside unless the owner can provide safeguards which are satisfactory to Caln Township as well as all other state and federal agencies.

The following utility and energy requirements shall apply to all existing and proposed nonresidential uses:

(1)

All nonresidential uses requiring energy in the form of electric, diesel, gas, oil or other common energy source shall comply with the most acceptable safety requirements recognized by the Pennsylvania Bureau of Labor and Industry and shall be so constructed and installed so as to be an integral part of the architectural features of the site.

(2)

A buffer yard or coniferous planting arrangement shall properly conceal any utility or energy source.

(3)

No electromagnetic radiation which interferes with radio, telephone, satellite or television reception or other communications equipment shall be completely imperceptible from any point beyond the property lines.

(4)

No injurious electromagnetic radiation or radioactive emission shall be produced by any nonresidential use. All radioactive emissions shall meet federal and state standards.

(5)

Unless otherwise required by the utility company or authority providing service, all utilities shall be installed underground.

Proprietors who have been cited for any violation(s) subject to this section of the Code may be responsible for applicable costs incurred by Caln Township through background investigations, legal proceedings, retributions and rectification measures in accordance with the First Class Township Code or the Pennsylvania Municipalities Planning Code.

Caln Township City Zoning Code

ARTICLE VIII

§ 155-111 Statement of intent.

§ 155-112 Access to lots, buildings, structures and uses.

§ 155-113 Accessory uses and structures.

§ 155-115 Home occupation regulations.

§ 155-116 Height exceptions.

§ 155-117 Front yard and lot width exceptions.

§ 155-118 Flag lots or key hole lots.

§ 155-119 Visibility at street intersections.

§ 155-120 Corner lot restrictions and requirements.

§ 155-121 Fences, walls and hedges.

§ 155-122 Projections into yards.

§ 155-124 Common open space.

§ 155-125 Landscaping.

§ 155-126 Temporary structures and uses, and special uses.

§ 155-127 Outdoor storage and sales.

§ 155-128 Prohibited uses.

§ 155-129 Exterior lighting.

§ 155-130 Swimming pools and therapeutic spas.

§ 155-131 Solar photovoltaic systems as accessory uses.

§ 155-133 Airport hazard area.

§ 155-134 Keeping of chickens as domestic pets.

§ 155-135 Design standards for Thorndale Village Center District and Village Gateway District.

§ 155-136 Nonresidential performance standards and controls.