Chadds Ford Township
City Zoning Code
City Zoning Code
ARTICLE XIII
LI District Light Industrial
§ 135-87 Purpose.
It is the purpose of the Light Industrial District to permit and encourage industrial Development that will be so located so as to constitute a harmonious and appropriate part of the physical Development of the Township; to provide minimum standards for the Development and operation of industries; to prohibit housing, retail selling and other uses that would be incompatible to the uses permitted in the district; and to provide for the public convenience and avoid undue congestion of the roads and to otherwise create conditions conducive to carrying out these and other broad purposes of this chapter.
§ 135-88 Uses permitted by right.
A Building may be erected or used, and a Lot may be used or occupied, for any of the following purposes and no other:
A.
Professional, business, medical and administrative offices.
B.
Experimental, research or testing laboratories.
C.
The packaging or treatment of the following previously processed materials: cellophane, felt, fur, glass, horn, paper, pharmaceuticals, plastics, shells, aluminum, leather, plaster, metals, precious and/or semiprecious stones, wood, yarns, containers, or novelties from paper or cardboard, natural or synthetic rubber, tobacco, textiles or textile products, and perfumes.
D.
The manufacture of musical instruments, toys, novelties, electrical or electronic devices; home, commercial and industrial appliances and instruments, including the manufacture of accessory parts or assemblies; dental and medical equipment; watches and clocks; optical goods; drafting equipment; and canvas products.
E.
Light metal processing as follows: cleaning, finishing, grinding, heat treating, plating, polishing, rust-proofing, and sharpening; metal stamping and extrusion of small products; and similar metal-working processes.
F.
Manufacture and assembly of electrical or electronic devices.
G.
Carpet or rug cleaning; laundry, dry-cleaning and dyeing plants.
H.
Job printing, newspaper or book publishing.
I.
Baking and food processing for human consumption only.
J.
Wholesaling and distributing activities when associated with permitted uses. Retailing activities are hereby prohibited.
K.
Active recreation and active recreation facilities.
L.
Passive recreation, and passive recreation facilities.
§ 135-89 Conditional uses.
A.
B.
Mineral extraction.
(1)
Purpose. The intent of this § 135-89B(1) is to permit and provide for, in accordance with Act 247 of 1968[1], as amended, opportunities within Chadds Ford Township for legitimate mineral extraction activities while at the same time protecting and preserving the health, safety, welfare and morals of the Township and the community.
[1]
Editor's Note: See the Municipalities Planning Code, 53 P.S. § 10101 et seq.
(2)
Use regulations. Mineral extraction may be permitted by conditional use subject to the provisions of § 135-189 and provided the application shall otherwise comply with the regulations set forth in this § 135-89A(2) to the extent that the same are not preempted by federal or state law.
(3)
Bulk and area regulations. The bulk and area regulations relating to the location of buildings and other structures set forth in § 135-91 to mineral extraction operations except as expressly stated to the contrary in this § 135-89A(2). The area of extraction shall not be within any required yard. The minimum lot area for a mineral extraction operation shall be five acres.
(4)
Standards of approval. In addition to the requirements of § 135-189, it shall be the applicant's burden to also demonstrate compliance with the following requirements set forth below:
(a)
Mineral identification. The applicant shall identify the subject mineral and shall demonstrate the existence of the mineral sought to be extracted and the proposed method(s) for extraction.
(b)
Burden. The applicant shall affirmatively demonstrate that the proposed mineral extraction activity will not interfere with the property rights or water supply of other property owners or properties within the Township. Such evidence shall include but not be limited to the following:
[1]
Map. A map indicating the location of existing man-made structures, including wells and septic systems within 200 feet of the proposed site, and identifying all water bodies within 500 feet.
[2]
Report. A written report prepared by a hydrogeologist, describing:
[3]
Subsurface conditions. Identification of the subsurface material and conditions existing and anticipated for the site, and the type and number of extraction facilities or equipment to be established thereon.
[4]
Daily withdrawal. Identification of the anticipated average daily mineral withdrawal from the site and the anticipated duration of the mineral extraction activity.
[5]
Environmental impact. Evidence that the withdrawal under the proposed use shall not cause substantial adverse impact to the overlying environment.
[6]
Disposition. A plan for the environmentally sound disposition of the by-products of resource extraction.
[7]
Certification. Certification that all proposed activity shall be conducted under the supervision of qualified personnel, including identification of the licenses and permits required for the proposed use.
[8]
Mitigation plan. A plan for implementation of a mitigation program to protect the health and safety of persons and property in the Township and the community from the proposed use. This plan shall address, without limitation, erosion, dust control, vibration, blasting, lateral support, processing facilities, sinkhole formations, and the disposal of spoils.
[9]
Cessation of operations. A plan of how the site shall be made safe once the mineral extraction operation ceases, including a plan for environmentally restoring the property.
[a]
Permits. The applicant must obtain all required local (including without limitation grading and stormwater), state and/or federal permits for the proposed use. Such permit(s) shall be a prerequisite to the commencement of development of the use and to the issuance of any building permit, use permit or certificate of use and occupancy.
[b]
Vehicles.
[10]
Identification. The applicant shall identify what commercial vehicles are to be used in connection with the application, including, but not limited to, those used to transport minerals from the site, the number, size, type and capacity and the scheduling of vehicles.
[11]
Access. The applicant shall demonstrate that vehicles shall have adequate access to and within the site over an improved all-weather surface.
[12]
Traffic control. The applicant shall identify proposed traffic control methods to be employed on and off the site to control ingress and egress of vehicles. The Board of Supervisors may impose reasonable limits on the hours during which commercial vehicles may enter and exit the site to avoid creating hazards on local roadways or disturbing adjoining or nearby residential districts.
[13]
Traffic report. The Applicant shall provide a traffic report prepared by a qualified traffic engineer shall be provided by the applicant.
[a]
Noise. The applicant shall identify the noise levels which are anticipated to be generated by the proposed use and shall identify the distances said noises may travel beyond the title lines of the proposed site and what methods the applicant shall employ in compliance with Township ordinances to protect the surrounding area from said noises.
[b]
Hours of operation. The applicant shall identify the proposed hours of operation and the scope and nature of activity to be conducted during said hours.
[c]
Emergency contact information. The Applicant shall keep on file with the Township, and always keep up-to-date, twenty-four-hour emergency telephone numbers and contact information for persons with authority over the property and operation of the mineral extraction activity.
[d]
Additional information. The Applicant shall provide such other information and documentation as the Township may require.
[14]
[15]
Other standards. The proposed use shall be subject to the requirements of Chapter 110, Subdivision and Land Development, including, without limitation, stormwater management control, stormwater infiltration, control, erosion control, traffic control, landscaping, lighting and other standards prescribed by Chapter 110, Subdivision and Land Development, and/or other applicable Township ordinances.
[16]
Abandonment.
[a]
Abandonment. If any such mineral extraction or facility discontinues operation for a period of 12 months or more, it shall be considered abandoned, and the owner and/or operator of said facility shall remove all equipment or fixtures.
[b]
Plan. Mineral extraction areas shall be positively identified on a plan filed with the Township before initiating the abandonment techniques.
[c]
Restoration. The applicant shall demonstrate that the abandonment and restoration plan produced in accordance with this article remains adequate.
§ 135-90 Prohibited uses.
The following uses are prohibited: blast or reverberatory furnaces, smelters, foundries, drop hammers, rolling mills; tanning, curing of leathers, rawhides or skins; wool pulling or scouring; fat rendering; coke ovens; distillation of bones, coal or wood; fertilizer manufacture; fish smoking and curing; gas manufacture; oil cloth or linoleum manufacture; ore reduction; paint, oil, shellac, turpentine, or varnish manufacture; petroleum refining; soap manufacture; tallow, grease or lard manufacture or refining; tar distillation or manufacture or refining; and all similar uses.
§ 135-91 Area and bulk regulations.
The following area and bulk regulations shall apply:
LI General Requirements | ||
|---|---|---|
Standard | Size/Parameter | |
(1) | Lot area | 3 acres, minimum |
(2) | Lot width | 250 feet, minimum, at the Building Line |
(3) | Front yard | 100 feet, minimum, from the Street Line |
(4) | Side and rear yards | 75 feet minimum,* for each Side Yard, and Rear Yard |
(5) | Parking/driveway | Subject to Article XXVI |
(6) | Building coverage | 30%, maximum |
(7) | Impervious coverage | 60%, maximum |
(8) | Building height | |
(9) | Green area | 25%, minimum |
* | No industrial Building or Structure shall be located within 150 feet of a residential district. Buffer Areas and Buffer Planting Strips shall be in accordance with Article XXV. |
§ 135-92 Off-street parking and motor vehicle access.
A.
Private accessways shall enter a public road at a distance of not less than 100 feet from any public road intersection.
B.
Parking and loading areas shall be located not less than 75 feet from Lot Lines adjoining any residential district, and shall have not more than two accessways to any one Public Street.
C.
Site accessways, driveways, parking and loading facilities shall be paved with an approved all-weather, dust-free surface.
D.
Proper Sight Distance shall be maintained at all intersections on Public Streets.
§ 135-93 General district regulations.
A.
Internal combustion engines shall be muffled and secured so as to eliminate offensive Noises and vibration.
B.
Smoke control and control of dust and dirt, fumes, vapors, and gases.
(1)
No smoke shall be emitted from any chimney or other source visible gray greater than No. 1 on the Ringelmann Smoke Chart as published by the U.S. Bureau of Mines, except that smoke of a shade not darker than No. 2 on the Ringelmann Chart may be emitted for not more than four minutes in any thirty-minute period.
(2)
These provisions, applicable to visible gray smoke, shall also apply to visible smoke of any other color, with an equivalent apparent opacity.
(3)
The emission of dust, dirt, fly ash, fumes, smoke, vapors or gases that can cause any damage to human health, to animals or Vegetation or to other forms of property, or that can cause any soiling or staining of persons or property at any point beyond the Lot Line of the use creating the emission is herewith prohibited.
(4)
No emission of liquid or solid particles from any chimney or otherwise shall exceed 0.3 grains per cubic foot of the covering gas at any point beyond the Lot Line of the use creating the emission. For measurement of the concentration of particles in gases resulting from combustion, standard correction shall be applied to a stack temperature of 500° F. and 50% of excess air in stack at full load.
C.
Control of odors. There shall be no emissions of odorous gases or other odorous matter in such quantities as to be offensive at any point on or beyond the Lot boundary line within which the industrial operation is situated. Any process that may involve the creation or emission of any odors shall be provided with a secondary safeguard system, in order that control will be maintained if the primary safeguard system should fail. There is hereby established as a guide in determining such quantities of offensive odors Table III (Odor Thresholds) in Chapter 5, "Air Pollution Abatement Manual," copyright 1951 by Manufacturing Chemists' Association, Incorporated, Washington, D.C. Where more than one authority is cited, the numerical average value for all authorities listed may be used.
§ 135-94 Administrative requirements.
When deemed applicable by the Zoning Officer, there shall be submitted to the Zoning Officer, together with each application for a Zoning permit under this article, Plans and specifications that shall include the following:
A.
The location, use, design, dimensions and height of each proposed Building, Buildings or other Structures.
B.
Evidence of approval of Plans by the Pennsylvania Department of Labor and Industry where required by law.
C.
The location, dimensions and arrangements of all Green Areas, Yards, accessways, entrances, exits, off-street parking facilities, loading and unloading facilities, pedestrian ways, and Buffer Planting Strips.
D.
The profiles of all Streets and roads, the width of Rights-of-Way, cartways and sidewalks, a cross section of proposed Street paving indicating depth and type of each course, the position and type of curbs and sidewalks, and the course, Structure and capacity of any drainage facilities and the method of drainage of adjacent and contiguous territory.
E.
The capacity of all areas to be used for automobile access, parking, loading and unloading.
F.
The character of the Buffer Area and screening devices to be maintained, including the dimensions and arrangements of all areas devoted to planting, lawns, trees or similar purposes, and the varieties, sizes and quantities of plants.
G.
The provisions made for Sewage disposal, water supply and storm drainage, including a suitable contour map of the area.
H.
A description of the proposed industrial operations in sufficient detail to indicate the effects of those operations in producing Noise, glare, air pollution, water pollution, fire hazards, traffic congestion or other safety hazards.
I.
Engineering and Architectural Plans together with a description of the methods to be employed in controlling any excess Noise, air pollution, water pollution, fire hazard or safety hazard.
J.
Engineering and Architectural Plans together with a description of methods to be used for the treatment and disposal of Sewage and industrial wastes.
K.
Designation of the fuel proposed to be used and any necessary architectural and engineering Plans together with a description of the methods to be used for controlling smoke and fumes and other air pollutants.
L.
The proposed number of shifts to be worked and the maximum number of Employees on each shift.
M.
The proposed groundwater requirements stated in terms of maximum usage per minute, per day, and per week; seasonal variations shall be stated.