Chadds Ford Township
City Zoning Code
City Zoning Code
ARTICLE XXVI
Additional Regulations
§ 135-188 Applications and permits.
A.
It is unlawful to start erecting or altering any Building, Sign, or other Structure until the Zoning Officer has issued a permit to do so.
B.
The Zoning Officer may issue a permit after receiving an application and accompanying Plan containing all information necessary to determine whether the proposed Building, Sign or other Structure complies with the provisions of this chapter and upon payment of a fee per the Township General Fee Schedule.
C.
If the Zoning Officer decides that the application does not comply with the provisions of this chapter, the permit will be refused.
D.
A Certificate of Occupancy shall be obtained from the Zoning Officer before any Building or property for which a building permit has been issued may be used.
§ 135-189 Conditional use standards, criteria and procedures.
A.
In evaluating an application to the Board of Supervisors for a Conditional Use, the Board will require the Applicant to provide reports, maps, Plans and other papers to ensure that the proposal:
(1)
Will be consistent with the community development objectives articulated in this chapter (pursuant to Section 606 of the Municipalities Planning Code).
(2)
Will be consistent with the statement of purpose articulated for the zoning district in which the use is proposed.
(3)
Will be consistent with the Chadds Ford Township Comprehensive Plan, in particular, the Plans for Land Use, Community Facilities and Utilities.
(4)
Will conform to all requirements of Chapter 110, Subdivision and Land Development, and all other regulations and ordinances.
(5)
Will not adversely affect the health, safety, and general welfare of the surrounding area and the Township.
(6)
Will promote the harmonious and orderly Development of the zoning district involved.
(7)
Will be compatible with the character and type of Development existing in the area that surrounds the Lot in terms of the size, scale, height and bulk of the proposed uses and the size, shape and placement of Buildings and other Structures.
(8)
Will not detract from or cause harm to neighboring properties by creating a negative impact on the economic value and aesthetic character of the community.
(9)
Will be compatible with the uses permitted in the surrounding area in terms of the density and/or intensity of land use.
(10)
Will reflect effective site planning and design in terms of energy efficiency, environmental protection, and aesthetic composition.
(11)
Will reflect sound engineering and land development design and Construction principles, practices and techniques.
(12)
Will be consistent with the logical, efficient and cost-effective extension of public services and utilities and will not adversely affect the public services and utilities of surrounding properties or the Township as a whole in terms of Public Water, Public Sewer, police and fire protection, and schools.
(13)
Will include proposals for the effective disposal of solid waste.
(14)
Will provide safe and efficient access to Roads and will not create traffic congestion, hazardous traffic conditions, or excessive traffic volumes.
(15)
Will be developed so as to limit the number of access points along a major Public Street, and to develop Frontage of Buildings on access Roads that are parallel or perpendicular to a major Public Street.
(16)
Will provide any improvements needed to guarantee compatibility with adjoining Streets and Roads.
(17)
Will provide continuity of existing circulation systems, including Streets, Roads, sidewalks, Trails and other walkways.
(18)
Will provide adequate off-street parking and loading that will be minimally visible from adjoining Public Streets.
(19)
Will use effective stormwater management techniques and soil erosion and sedimentation control techniques that are in character with and complementary to the proposed site grading and landscaping.
(20)
Will provide for adequate Environmental Controls and performance standards to minimize Noise, vibration, glare, heat, odor, smoke, dust, fumes, vapors, gases, air emissions, water emissions, and outdoor storage.
(21)
Will preserve Woodlands and other trees existing on the Lot to the maximum extent possible.
(22)
Will not be disruptive to existing topography, surface water resources and groundwater resources.
(23)
Will include proposals for effective mitigation of potential adverse environmental impacts through a satisfactory environmental impact assessment report.
(24)
Will provide landscaping to buffer and screen the use from surrounding properties, to complement Buildings and other Structures on the Lot, and to enhance the overall character of the Development.
(25)
Will include proposed landscaping, in addition to that required as stated above, in areas such as the entrance, along property boundaries, in areas that are highly visible, such as along Roads, walks or Trails, and in other places where the use of trees, shrubs and ground cover would be functional and appropriate.
(26)
Will provide fencing, walls, berming, terraces, walkways, and other site improvement features to complement the proposed landscaping.
(27)
Will provide effective, subdued lighting using light posts and fixtures complementary to the proposed architecture and the character of the surrounding neighborhood.
(28)
Will provide adequate signage that will be crafted to be attractive and of the highest graphic quality in keeping with the character of surrounding properties.
B.
The Board of Supervisors may attach such conditions and safeguards, in addition to those already required by this chapter, as it may deem necessary to implement the purposes of the Municipalities Planning Code and this chapter, and to protect the public welfare. Such conditions and safeguards may relate to, but are not limited to, the design of Buildings, Roads and parking areas; landscaping and its maintenance as a sight or sound screen; the prevention of noxious, offensive or hazardous conditions; lighting, Noise, and safety.
C.
General procedures.
(1)
In the case of an application for Conditional Use, once the Township deems the application administratively complete, the Planning Commission shall, pursuant to the Municipalities Planning Code, perform a review and provide counsel to the Board of Supervisors concerning the grant of approval or disapproval of the proposed use. The Planning Commission shall discuss the application during at least one of its regularly scheduled public meetings during the review period.
(2)
The Board of Supervisors shall, in the case of an application for Conditional Use, schedule a hearing for public review and comment. Such hearing shall commence within 60 days of the date that the Township deems the application administratively complete. The Board of Supervisors shall render a written decision or, when no decision is called for, make written findings on the conditional use application within 45 days after the last hearing before it. Where the application is contested or denied, each decision shall be accompanied by findings of fact or conclusions based thereon, together with any reasons therefor. Conclusions based on any provisions of this act or of any ordinance, rule or regulation shall contain a reference to the provision relied on and the reasons why the conclusion is deemed appropriate in light of the facts found.
(3)
The Planning Commission and Board of Supervisors shall be responsible for providing notification to the Applicant, no less than 15 days prior to the occurrence of any hearing at which testimony will be heard and/or action taken upon approval or disapproval, in order that he/she may present his/her case at such hearing. The Township shall notify, no less than 15 days prior to such hearing, all abutting property Owners and Owners of property within 250 feet of the property in question.
(4)
Proof of proper notification is required as a precondition before any formal action is taken on the application.
(5)
Notification of the action taken by the Board of Supervisors shall be made in writing to the Applicant within 24 hours of the decision. In the event of disapproval, it shall be accompanied by a statement of the reasons therefor. In the event of disapproval, the Applicant may file a new application for Conditional Use or Subdivision and/or Land Development for another use of the subject property, or file an appeal of the decision to a court of competent jurisdiction.
(6)
In the event of approval, should the Applicant fail to obtain the necessary Township approvals and permits within 12 months of notification, or, having obtained the necessary approvals and permits, fails to commence work thereunder within six additional months, it will be conclusively presumed that the Applicant has waived, withdrawn, or abandoned his or her application, and all provisions, Conditional Use(s) and permits granted to him/her will be deemed automatically rescinded by the Board of Supervisors.
(7)
The grant of approval by the Board of Supervisors for a Conditional Use will in no way release the Applicant from his/her obligation to comply with the applicable provisions of this chapter; Chapter 110, Subdivision and Land Development; and any other applicable Township, state and federal regulations.
§ 135-190 General structure and lot requirements.
A.
No more than one Principal Permitted Use will be allowed on a Lot, except in B, B-1, POC, PBC, PBC-1, PRD, LI, LI-1, and MC zoning districts, which are intended to promote Mixed Uses.
B.
Any Structure in Chadds Ford Township used for residential purposes shall contain a habitable floor space of no less than 750 square feet.
C.
On any Corner Lot, no wall, fence or other Structure may be erected or altered, and no hedge, tree, shrub, or other growth may be allowed, which may cause danger to traffic on a Street by obscuring the view.
D.
No Lot Area may be so reduced that the dimensions of any of the Open Spaces would be smaller than herein prescribed or required by SALDO approval.
E.
All Premises shall be graded, stabilized and maintained to prevent the accumulation of stagnant water, the erosion of soil and the concentrated discharge of sediment and/or water runoff onto adjacent properties, any public or private streets, stormwater systems or facilities and/or the waters of the Commonwealth of Pennsylvania.
§ 135-191 Nonconformities.
A.
Continuation. All Structures, uses of Structures and uses of land that were lawful at the time established but do not conform to the zoning regulations of the zoning district in which they are located after the adoption of the zoning regulations for the underlying zoning district will be regarded as lawfully nonconforming and may continue, subject to the following regulations.
B.
Alteration, enlargement or reconstruction.
(1)
Lawful nonconforming structures. Lawful Nonconforming Structures may be altered, reconstructed or enlarged, provided that:
(a)
Special exception. Except for the reconstruction of a Nonconforming Structure that is done to the exact dimensions of the original Nonconforming Structure as set forth in this Section, all Alteration, reconstruction, Expansion or Enlargement of Nonconforming Structures shall be by Special Exception in accordance with the provisions of § 135-209C.
(b)
Limitation on expansion. Such Alteration, reconstruction, Expansion, or Enlargement shall not increase the size of the overall Nonconforming Structure more than an aggregate total of 50% of the interior ground Floor Area of the Nonconforming Structure, for the life of the Nonconforming Structure. By way of example and not limitation, if the interior ground Floor Area of the Nonconforming Structure is 1,000 square feet, the Alteration, reconstruction or Enlargement of the Nonconforming Structure is limited to an additional 500 square feet over the life of the Nonconforming Structure. The same limitations apply with respect to any increase in interior volume of Nonconforming Structures.
(c)
Exacerbation of nonconformity. Except as permitted in this Section, the condition(s) that make the Structure nonconforming shall not be expanded or enlarged so as to exacerbate the area or volume of the nonconforming condition or result in a new nonconforming condition.
(d)
Code compliance. Alteration, Enlargement and reconstruction of Nonconforming Structures shall in all other respects comply with the applicable zoning district regulations and the Chadds Ford Township Building Code.
(2)
Lawful nonconforming lots. A Structure may be constructed on any Lot that was lawful when created prior to the adoption of the zoning regulations for the underlying zoning district, was held in Single and Separate Ownership, duly recorded by plat or deed, and provided that the other requirements of the zoning ordinance are observed.
(3)
Lawful nonconforming uses. Lawful Nonconforming Uses shall not be altered, extended or enlarged, except in accordance with the following:
(a)
Special exception. Such Alteration, extension or Enlargement, may be permitted only by Special Exception under the provisions of § 135-209C.
(b)
Single lot. Such Alteration, extension or Enlargement shall be on the same Lot as was in existence on the date the use became nonconforming.
(c)
Increase in nonconforming use. Any increase in the area or volume of a Nonconforming Use shall not exceed in the aggregate, more than 50% of the area or volume dedicated to the Nonconforming Use, during the life of the Nonconforming Use.
C.
Reconstruction. A Nonconforming Structure or any Structure containing a Nonconforming Use wholly or partially destroyed by fire, explosion, Flood or other phenomenon, or legally Condemned, may be reconstructed on or within the same footprint of the prior Nonconforming Structure and used for the same Nonconforming Use, provided that:
(1)
The Applicant demonstrates that the location of the Structure cannot be made conforming; and
(2)
Reconstruction of the Structure commences within one year from the date the Structure was destroyed or Condemned and will be carried on without interruption or else the Nonconforming Structure or use will be deemed to be abandoned.
D.
Ownership. Whenever a Lot is sold to a new Owner, a previously lawful Nonconforming Use or condition may be continued by the new Owner.
E.
Abandonment. If a Nonconforming Use of a Structure or land is discontinued for a period of 12 consecutive months, the Nonconforming Use will be presumed to have been abandoned and the subsequent use of such Structure or land shall conform with all of the regulations of the zoning district in which it is located.
F.
Changes. Once changed to a conforming use, no Structure or land will be permitted to revert to a Nonconforming Use. A Nonconforming Use may be changed to a similar use only if permitted as a Special Exception and subject to the following conditions:
(1)
Conversion. The Applicant shall show that a Nonconforming Use cannot reasonably be changed to a conforming Use.
(2)
Compatibility. The Applicant shall show that the proposed change will be no more objectionable in external effects than the existing Nonconforming Use, or will be more appropriate than the existing Nonconforming Use with regard to:
G.
Expiration of approval. Whenever an Applicant receives Special Exception approval under the terms of this Section, such approval shall be implemented, or affirmative action taken in furtherance thereof, within 12 months of the date of the approval or the approval will be rendered abandoned by the Applicant and will become void and or no further force or effect.
§ 135-192 Height regulations for buildings and structures.
Notwithstanding any other provision of this chapter, no part of a roof may protrude more than 40 feet above the average elevation of finished grade along the exterior walls of the Structure.
§ 135-193 Exceptions to height regulations for buildings and structures.
The height regulations prescribed within this chapter may be exempted for spires, steeples, belfries, cupolas or domes not used for human occupancy, or for chimneys, ventilating fans, air-conditioning equipment, roof Structures for the housing of elevators and/or stairways, fire or parapet walls, skylights, flagpoles, watermills, silos, and smokestacks.
§ 135-194 Environmental controls.
A.
It is the intent of these regulations to prevent land or buildings, including those permitted by right or by conditional use or special exception, from being used or occupied in a manner so as to create a dangerous, injurious or noxious condition, such as fire, explosion, or other hazards; vibration; glare or heat; surface water pollution and groundwater contamination. All uses shall operate in conformance with the environmental controls set forth herein, and relevant statues, codes, rules and other regulations of the United States government, the Commonwealth of Pennsylvania, Delaware County, and governmental, quasi-governmental, and governmentally regulated bodies, companies, and authority entities. The most stringent regulations applicable shall be enforced.
B.
All plans for proposed development in the Township shall illustrate, depict, note, or otherwise demonstrate compliance with this section and shall be in accordance with the requirements of Chapter 110, Subdivision and Land Development.
C.
Vibration control. Operating or permitting the operation of any device that creates vibration which is above the vibration perception threshold of an individual at or beyond the property boundary of the source if on private property or at 50 feet from the source if on a public space or public right-of-way shall be prohibited. For the purposes of this section, "vibration perception threshold" means the minimum ground- or structure-borne vibrational motion necessary to cause a normal person to be aware of the vibration by such direct means as, but not limited to, sensation by touch or visual observation of moving objects.
D.
Storage control:
(1)
No flammable, highly volatile or explosive liquids, solids, or gases greater than 50 gallons in the aggregate shall be stored above the ground, except that tanks or drums of fuel directly connected to energy devices, heating devices, or appliances located and operated on the same lot as the tanks or drums of fuel may be stored above ground, provided that such tanks or drums are not more than 2,000 gallons. All such tanks or drums shall be painted or otherwise coated white or other heat reflective color and shall be enclosed by a fence of a type, construction and size and shall be adequate to protect and conceal the facilities from any adjacent properties. Compliance with all federal, state and local laws shall be enforced.
(2)
No substance which can contaminate a stream, aquifer, or other watercourse or otherwise render such stream, aquifer, or other watercourse undesirable as a source of water supply or recreation, or which will destroy or otherwise harm aquatic life, be allowed to enter any stream or other watercourse or cause or contribute to a violation of federal, state or local law.
(3)
No materials or wastes shall be deposited upon a lot in such form or manner that they may be transported off to damage, destroy or create hazards or contamination to humans, terrestrial wildlife, soil and/or vegetation.
(4)
Underground storage of flammable, combustible, explosive or other hazardous substances or materials, and the construction or installation of tanks and other receptacles therefor, shall be in accordance with the Fire Prevention Code and subject to the approval of the Fire Marshal, to the extent such approval is not preempted by federal or state law. Any such approval, if given, may be given subject to such conditions as the Board of Supervisors deems necessary to protect the public health, welfare and safety.
§ 135-195 Open space conservation option.
A.
Purpose. The purpose of this article is to provide Single-Family Detached residential Development options that will foster the protection of critical natural resources and conserve Open Space in Chadds Ford Township. The provisions contained in this article are intended:
(1)
To protect streams, floodplains, wet soils, Steep Slopes, Woodlands and wildlife habitat areas.
(2)
To conserve and permanently protect Open Space.
(3)
To provide commonly owned Open Space for Passive and/or Active Recreational Use.
(4)
To reduce paved areas, resulting in a lesser increase in stormwater runoff, as well as a reduction in Land Development improvement and maintenance costs.
(5)
To minimize the potential adverse aesthetic effects of Land Development on the Township as a whole and on neighboring property Owners, by encouraging the use of site planning that will limit the visual impact of Development on surrounding properties and nearby Public Roads.
(6)
To minimize adverse impacts on adjacent Subdivisions and properties devoted to agricultural uses.
(7)
To endorse smart growth techniques and conservation design practices.
(8)
To implement the recommendations of the Chadds Ford Township Comprehensive Plan; the Chadds Ford Township Open Space Plan of 2007; and the Chadds Ford Township Open Space Plan Updated 2018.
B.
Eligibility. As a Conditional Use in the R-1 and R-2 zoning districts, a property may be developed under the Open Space Conservation Option, provided that the following conditions are met:
(1)
The Lot to be developed shall be in single ownership or, in the case of multiple ownership of the property, the application filed jointly by all of the Owners of the property.
(2)
The property shall consist of Contiguous Lots containing a minimum of 10 acres.
(3)
Public Sewer and Public Water are required for a property in the R-2 District.
C.
Density and open space composition.
(1)
The number of allowable Dwelling Units shall be based on a Sketch Plan developed by the Applicant in accordance with conventional Development under the R-1 and R-2 zoning districts. The Plan shall be prepared in accordance with § 110-18 of the Subdivision and Land Development Ordinance, with each Lot meeting the bulk and area requirements of the R-1 and R-2 Districts.
(2)
If an existing Dwelling Unit is located on the property proposed for Development, said unit will be counted toward the overall number of allowable units and will be subject to all other provisions of this chapter.
(3)
A minimum of 40% of the gross area of the Lot per the Deed shall be designated as and devoted to Open Space.
(4)
A maximum density bonus of 0.1 Dwelling Units per the gross acreage of the Lot per the Deed may be added to the number of allowable Dwelling Units if two or more of the following design objectives is met by the Development, as determined by the Board of Supervisors.
(a)
The Development includes off-site public improvements such as Street and intersection, stormwater management, or water and sewer improvements that significantly reduce the need for public expenditures to address issues in the vicinity of the property.
(b)
The Development is designed in an environmentally sensitive fashion such that a minimum of 60% of the area designated as Open Space will not be disturbed by site improvements or earth disturbance activities.
(c)
The Development includes significant Active and Passive Recreation components that will be open to the general public.
(d)
The Open Space is designed such that it advances community objectives including connection to Trails, Open Spaces, or greenways outside of the subject property.
E.
Design standards.
(1)
(2)
The Development shall be designed to preserve and incorporate natural, historical and cultural features. As part of the Conditional Use application, the Plan shall identify such features and provide information on how the features will be preserved.
(3)
As part of the Conditional Use application, the Plan shall identify scenic vista points that will remain after Development of the Lot, and that will provide visual amenities for the Development. Vista points may include unobstructed views looking into the Development from adjacent public Roads and unobstructed views within the Development, each incorporating Open Space and/or other preserved natural features.
(4)
Sidewalks and/or pedestrian Trails shall be provided for access to Open Space areas, particularly when Active or Passive Recreation areas are proposed.
F.
Open space.
(1)
Consideration shall be given to the arrangement and location of Open Space to take advantage of physical characteristics of the Lot and to place Open Space within easy access and view of Dwelling Units, while at the same time preserving environmentally sensitive areas and visual resources. Areas set aside for Open Space shall not contain any Structure other than a Structure related to Active and Passive Recreational use and Approved by the Board of Supervisors.
(2)
The Board of Supervisors may require a portion of the required Open Space to be designed, constructed and maintained for Active and Passive Recreation Facilities.
(3)
Any area designated as Open Space shall have a Lot Area of not less than 20,000 square feet, and a width of not less than 100 feet, except for areas designated for Trails that shall have a width of not less than 30 feet.
(4)
The Open Space shall include at least one centrally located area of land with Frontage on a Public Street of at least 50 feet. This central Open Space shall be designed for common use by the residents of the Development.
(5)
No more than 20% of the Open Space may contain common elements of the proposed Development such as utility Easements, and sanitary sewer or stormwater management facilities. Open Space shall not include land within the Rights-of-Way of Streets.
(6)
For all Open Space, written agreements shall be prepared to the satisfaction of the Board of Supervisors and shall be executed as a declaration of Easements, covenants and restrictions in perpetuity for the preservation of the Open Space. Such agreements shall be recorded with the Final Plan.
(7)
An essential element of the use of Open Space is a written description and Plan for the ownership and maintenance of Open Space designating those areas to be offered for dedication or to be owned by the specific form of organization proposed. Ownership and maintenance of the Open Space shall be accomplished through one of the following:
(a)
An offer of dedication to the Township. The Township will not be obligated to accept dedication of the Open Space.
(b)
With permission of the Board of Supervisors, and with appropriate deed restrictions in favor of the Township and in language acceptable to the Township Solicitor, the Developer may transfer ownership of the Open Space or a portion thereof to a private, nonprofit organization among whose purposes is the preservation of Open Space land and/or natural resources. The organization shall be a bona fide conservation organization with a perpetual existence; the conveyance shall contain appropriate provision for reverter or retransfer if the organization is unable to maintain the land; and the organization shall enter into a maintenance agreement with the Township.
(c)
The Developer shall provide for and establish an organization for the ownership and maintenance of the Open Space. The Developer shall provide the Board of Supervisors with a description of the organization, including its bylaws and methods for maintaining the Open Space, subject to the review and approval of the Township Solicitor.
§ 135-196 Accessory structures and uses.
Accessory Structures shall be located within the Building Envelope except as permitted in this chapter and except for certain Structures including driveways, parking areas, walkways, flagpoles, Signs, mailboxes and similar Structures.
A.
Residential.
(1)
In a residential zoning district, a Building, Lot or Premises may be used for any of the following Accessory Uses on the same Lot with and customarily incidental to any of the Principal Permitted Uses, including a Private Garage. This includes the Professional Office or studio of a doctor, dentist, teacher, artist, architect, musician, lawyer, magistrate or Practitioner of a similar character, or rooms used for Home Occupations, including dressmaking, millinery, laundry or similar handicrafts; and provided further that no goods are publicly displayed on the Premises and no Sign or advertisement is shown other than a Sign not larger than 12 square feet in area, bearing only the name and occupation (words only) of the Practitioner.
(2)
Permanent, unoccupied, open Sheds, storage Sheds, and wagon Sheds may only be located within residential zoning districts, or where accessory to pre-existing or former residential Structures in the CC District, upon the issuance of a zoning permit, and:
(3)
A fence may be located on a Lot Line.
§ 135-197 Agriculture.
A.
General regulations. The following requirements govern Agricultural Operations and Accessory Uses.
B.
Permanent accessory structures and uses. The following permanent Structures and uses are permitted on properties that are in lawful agricultural use and in compliance with this chapter and the following requirements:
(1)
Agritainment or Agritourism, subject to the following:
(a)
Approval. A Conditional Use Application shall be made to the Board of Supervisors, and the use shall be Approved before an Agritainment or Agritourism use can be established.
(b)
Permit. The property Owner shall obtain a Certificate of Occupancy from the Township.
(c)
Parking. Adequate parking and provisions for safe ingress and egress shall be provided, in accordance with Article XXIV.
(d)
Tire scrubbers. Tire scrubbers shall be installed and maintained at the entrance if required by the Board of Supervisors.
(f)
Outdoor storage. Any outdoor storage and display related to an Agritainment or Agritourism use shall be in accordance with the requirements of the zoning district.
(2)
Sale of agricultural products. The sale of agricultural products on the property is subject to the following:
(a)
Production. At least 50% of the product offered for sale shall be produced on the property.
(b)
Parking. Adequate parking and provisions for safe ingress and egress shall be provided in accordance with Article XXIV.
(3)
Keeping of livestock and poultry. In addition to the other requirements of this chapter, the following regulations govern the keeping of Livestock and poultry on properties that are agriculturally zoned or in lawful agricultural use.
(a)
Number. For Livestock, the total number of animals permitted on any Lot is computed according to the required acreage of Pasture and the required Lot Area. For poultry, each animal requires 40 square feet. Animals not listed in the table below are provisioned according to the requirements for similar animals.
Type of Animal | Acres of Pasture Required | Lot Area Required | |
|---|---|---|---|
[1] Horse | 1.0 + 1 acre per animal | 2 acres + 1 Acre per animal | |
[2] Cattle | 1.0 + 1 acre per animal | 2 Acre + 1 Acre per animal | |
[3] Swine | 0.11 per animal | 1 Acre per animal | |
[4] Sheep | 0.11 per animal | 1 Acre + 0.2 acres per animal | |
(b)
A piggery shall not contain more than three sows or more than 20 feeders.
(c)
The Owner shall comply with applicable federal, state and county laws and regulations regarding animal density.
(d)
Shelters. Livestock and poultry shelters shall be in accordance with the Accessory Structure provisions of this article, in addition to the following:
[1]
Location. A Structure used for the shelter or housing of Livestock or poultry shall not be closer than 100 feet to any well, spring, or sinkhole, adjacent property, or on slopes adjacent to any pond, lake or stream.
[2]
Sanitation. A shelter area of a size sufficient for good sanitation practices and adequate sanitary drainage shall be provided.
[3]
Size. A Livestock Shelter shall have a roof and at least three enclosed sides. A poultry shelter shall have a roof and be fully enclosed on all sides. Shelters shall meet the minimum square footage shown in the table below. Animals not listed in the table shall be provisioned according to the requirements for similar animals.
Type of Animal | Shelter/Stable Size for each animal |
|---|---|
Horse | 120 square feet |
Cattle | 80 square feet |
Sheep | 20 square feet |
Poultry | 3 square feet |
(e)
Health, safety and environmental control.
[1]
Safety hazards and odors. Livestock and poultry shall be maintained in accordance with applicable regulations and Best Management Practices to prevent the Livestock and/or poultry and the attendant odors from posing a threat to public health and/or safety or violating federal, state or local laws.
[2]
Manure storage and management. Manure storage shall not be established closer than 100 feet from any Lot Line, and no closer than 100 feet from any well, spring, sinkhole, or on slopes adjacent to a pond, lake, or stream. In addition, manure shall not be stored within a swale, drainageway or storm water management feature. Manure storage shall be designed, constructed, maintained and operated in accordance with all applicable laws, regulations, and Best Management Practices, and shall not pose a threat to public health. Permits shall be secured from all governmental agencies having jurisdiction over this activity.
[3]
The Owner shall provide proof of a written manure management Plan or certified nutrient management Plan, as applicable, that identifies any animal concentration area and Best Management Practices as required by the Department of Environmental Protection (DEP) and DEP's Manure Management Manual, or successor publication.
[4]
The Owner shall provide proof of a written odor management Plan to the Township if such a Plan is required by DEP.
[5]
Muddy or dusty ungrassed pasturage areas shall be stabilized to prevent soil erosion. The Owner shall provide proof of a written agricultural erosion and sediment control Plan to the Township if such a Plan is required by DEP.
[6]
Overgrazing. Livestock shall be rotated from Pasture to Pasture to prevent overgrazing. The Pasture shall never be in such a condition as to cause soil erosion or polluted runoff, or to allow sedimentation to enter the waters of the Commonwealth.
[7]
Containment. Livestock shall not be permitted to roam or stray beyond any Property Line.
[8]
If the property is subject to a Homeowner's Association document, real property covenant or restriction, or other similar legal device, whichever is the most restrictive will prevail.
§ 135-198 Outdoor dining.
To ensure quality standards and safety, the following provisions apply:
A.
The Outdoor Dining area shall be directly adjoining and on the same Lot as the principal Building in which the associated Restaurant or cafe is located.
B.
All Outdoor Dining areas shall comply with all applicable health, building, zoning, accessibility, fire, and plumbing codes, and requirements of all regulatory agencies having jurisdiction.
C.
Areas of Outdoor Dining shall not interfere with any means of ingress or egress to a Building, or with any emergency or safety exits. Access to the outside service area, except for an emergency entrance and exit, is limited to entrances and exits through the Building to which the outside Premises area is adjacent.
D.
When considering requests for Outdoor Dining as a Conditional Use, the Board of Supervisors may, at its discretion, require pedestrian barriers to enclose Outdoor Dining areas and separate them from the pedestrian or travel way to allow for the privacy of the dining patron and to permit the unimpeded flow of traffic. Dining area enclosures consist of a wall, bollard, or fence, Approved by the Township. When pedestrian barriers are required, the following minimum standards apply:
(1)
Pedestrian barriers shall have sufficient weight to prevent them from being tipped or knocked over.
(2)
If the pedestrian barrier is to be permanent, the method of attachment is subject to approval by the Township. A barrier shall not be permanently attached to a public sidewalk or an area located within the Right-of-Way.
(3)
Pedestrian barriers shall be at least 36 inches high to avoid becoming a tripping hazard. If more restrictive requirements are stipulated by other municipal codes, the more restrictive requirements will be enforced.
F.
Outdoor Dining is permitted between the hours of 7:00 a.m. to 10:00 p.m.
G.
An Outdoor Dining area shall not be established within 100 feet of the Property Line of a Single-Family or Two-Family Detached or Semi-Detached Dwelling Unit located completely or partially within a residential zoning district.
H.
Outdoor Dining areas shall be located on a permanent surface. Temporary flooring shall not be used.
I.
The use of outdoor heaters shall be in compliance with the International Fire Code, as amended.
J.
The sale of alcoholic beverages shall be incidental to the sale or consumption of food. Outside bar service and/or walk-up bar service for the sole purpose of the consumption of alcohol without the consumption of food is prohibited.
K.
Storage of materials. At the conclusion of the Outdoor Dining season, all portable equipment (i.e., barriers, furniture, roof coverings, etc.) shall be stored within the facility in a location that does not interfere with the operation of the food establishment or shall be stored off-site.
L.
All Outdoor Dining locations are subject to periodic inspection for compliance with the standards of this section. Two or more violations of this section may result in a revocation of all zoning or building permits applicable to the Outdoor Dining use, until such violations are remedied.
§ 135-199 No-impact home-based business.
A No-impact home-based business shall satisfy the following requirements: The business activity shall be compatible with the residential use of the property and surrounding residential uses.
A.
The business shall not employ any Employees other than Family members residing in the Dwellings.
B.
There shall not be any display or sale of retail goods, and there shall not be any stockpiling of inventory of a substantial nature.
C.
There shall not be any outside appearance of a business use, including, but not limited to, parking, Signs, or lights.
D.
The business activity shall not use any equipment of process that creates Noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood.
E.
The business activity shall not generate any solid waste or Sewage discharge, in volume or type, which is not normally associated with residential use in the neighborhood.
F.
The business activity shall be conducted only within the Dwelling and shall not occupy more than 25% of the habitable Floor Area.
G.
The business shall not involve any illegal activity.
H.
No manufacturing, or repair of mechanical equipment, will be permitted.
§ 135-200 Bed-and-breakfast inn.
A.
Purpose. The purpose of this section is to:
(1)
Encourage the preservation of historic Buildings by permitting an alternate use for such Historic Structures that now exist in Chadds Ford Township.
(2)
Provide for Bed-and-Breakfast Inn establishments as an accessory residential use for Single-Family Detached residences when permitted by the Chadds Ford Township Board of Supervisors as a Conditional Use, permitted as such only when all the provisions of this section are met.
B.
Use regulations. A Building or other Structure shall not be used or occupied as a Bed-and-Breakfast Inn establishment or similar type of lodging within Chadds Ford Township unless allowed by the Board of Supervisors as a Conditional Use.
C.
Design standards and general requirements.
(1)
A Bed-and-Breakfast Inn establishment may be located in the R-1 or MC zoning district, restricted to those single-family home properties meeting all other requirements of this section.
(2)
The minimum Lot size in the R-1 District is four contiguous acres owned in fee simple by the Owner and Operator of the Bed-and-Breakfast Inn, and the minimum Lot size is two contiguous acres in the MC District.
(3)
Driveways, parking and loading areas.
(a)
A minimum of four improved pervious or impervious off-street Parking Spaces are required. One additional Parking Space is required for each guest room and one for each Employee, if any.
(b)
The access driveway shall be paved.
(c)
The minimum parking Setback from Side or Rear Lot Lines is 20 feet. A loading zone shall be provided and Approved by the Board of Supervisors.
(d)
Parking areas shall not be located in the front yard. All parking areas shall be screened from view of any adjacent residential use by a Continuous Visual Buffer consisting of a double row of evergreen plantings with a minimum height of eight feet after planting and placed no more than 15 feet apart. The required plantings shall be staggered so as to provide as complete a visual buffer as possible.
(4)
Swimming pools, tennis courts and trash areas shall be screened from adjoining properties in the same manner as parking areas.
(5)
Lighting for parking areas, swimming pools, and tennis courts shall be shielded and shall not project more than 1/2 footcandle of light at Lot Lines.
(6)
The maximum number of guest rooms is nine.
(7)
The outside of the Structure shall not be added to, altered or changed to accommodate the facility, except as might be required by state or local authorities for fire and safety purposes.
(8)
The kitchen, eating area and facilities to be used in providing food and beverage to guests shall meet all applicable health, safety and sanitary requirements. There shall not be a separate kitchen or cooking facility in any guest room. The food service shall be limited to breakfast and afternoon tea.
(9)
Lodging services such as maid service and the furnishing and laundering of linen shall be provided to the Occupants.
(10)
One sign is permitted identifying the property. The Sign shall not exceed 12 square feet in area. If a freestanding Sign is to be used it shall be set back a minimum of five feet from the Right-of-Way and shall not contain any information other than identification of the Premises. Sign design and lighting are subject to approval by the Board of Supervisors.
(11)
The Board of Supervisors shall review and consider all applicable requirements of the Code of Chadds Ford Township, together with all applicable state codes and health regulations in ruling on the application.
(12)
Guests shall be transient and may be registered for a maximum of 14 consecutive nights. Guest registration records shall be maintained and open to inspection by the Township Code Enforcement Officer.
(13)
Any meals provided and any amenities connected with the Bed-and-Breakfast Inn, such as swimming pools or tennis courts, shall be solely for the use of the Owner, the Owner's Family and the Owner's registered guests.
(14)
An Owner, or Owners, shall reside in the Bed-and-Breakfast Inn residence as their principal residence in the R-1 District. An individual who owns a minimum of 25% interest in the residence, whether as a joint Tenant, Tenant in common, copartner or shareholder, is, by this definition, an Owner.
(15)
The use shall be accessory to the principal use of a private, Owner occupied or long-term lessee occupied residence that is permitted in the residential district where the Structure is located, or shall be accessory to the principal use in the MC District.
(16)
The Structure, except that portion used for the Bed-and-Breakfast Inn use, shall be occupied and used solely by the residential Occupant and members of his/her Family.
D.
Standards for review of conditional use. Factors to be considered by the Board of Supervisors while reviewing each application for a Conditional Use Bed-and-Breakfast Inn are as follows:
(1)
Prior to the approval of Conditional Use, the Applicant shall apply to the Board of Historical and Architectural Review (HARB) for review of historic and/or architectural significance of the property if required to do so by the Board of Supervisors.
(2)
The Board of Supervisors will determine if the existing Building, inn or Structure is of historical significance or unique value due to age, architectural significance or association with a prominent historical Person, Family or event. In making this determination, consideration will be given to the Structures that have been identified as historic in the Historic Site Survey prepared for Chadds Ford Township by the Delaware County Planning Commission dated June 1984, and as may be updated from time to time and Approved by the Board of Supervisors of Chadds Ford Township.
(3)
The Bed-and-Breakfast Inn may have a limited number of Employees; their number and hours will be a factor in determining whether to grant the Conditional Use. Members of the Owner's immediate Family who reside therein will not be considered Employees.
(4)
Additional factors to be considered:
(a)
The compatibility of the proposed use with existing and foreseeable nearby land uses.
(b)
The relationship of the proposed use to the Comprehensive Plan, as amended.
(c)
The safety of access to the property for service and emergency vehicles.
(d)
The adequacy of bathroom facilities for the maximum number of guests.
E.
Procedure. Upon receiving an application for Conditional Use under this section, the Board of Supervisors will, prior to the hearing, require the Applicant to furnish all of the following materials and any other items deemed necessary by the Board:
(1)
A requisite number of copies as set forth by Resolution by the Township from time to time of site Plans drawn to scale showing the nature, location and dimensions of the proposed Bed-and-Breakfast Inn;
(2)
Photographs showing existing uses and surrounding areas and other pertinent data;
(3)
Specifications for Building or structural changes as well as for the fire escapes or other such modifications by an architect or registered engineer for the proposed Building and adjacent parking or recreational areas;
(4)
Installation or maintenance Plan for on-site or other type of Sewage disposal systems; and
(5)
Evidence of an available location suitable for an additional on-site Sewage location.
F.
Permit and inspections. Any Person or Persons owning or operating a Bed-and-Breakfast Inn within Chadds Ford Township is required to obtain an annual permit issued by the Code Enforcement Department or the Township upon satisfactory annual inspection of the Premises by the Code Enforcement Officer indicating the Premises are in compliance with all applicable state and local codes. The fee for said permit will be set from time to time by Resolution of the Board of Supervisors.
§ 135-203 Swimming pool regulations.
Swimming pools, hot tubs and like Structures (hereinafter collectively referred to as swimming pools) are permitted as Accessory Structures to principal permitted residential uses, or to principal nonresidential uses in districts that permit swimming pools as Accessory Structures at facilities such as Hotels, Motels, and swimming pool companies. The following conditions and requirements apply:
A.
Swimming pools designed to contain six or more inches of water shall conform to these regulations.
B.
The swimming pool shall be solely for the use of the Occupants of the property on which it is located, and their guests, and shall not be operated commercially nor any fee charged for the use of the pool.
C.
A permit is required to locate, construct or maintain a swimming pool as an Accessory Structure.
(1)
Construction drawings and drainage calculations shall be submitted to the Township Engineer with the application for a permit.
(2)
The location of the pool and its distance from the permanent markers shall be clearly shown on the application.
(3)
Prior to approval of a permit, the Lot shall be marked by permanent markers.
(4)
In all cases where the land is inadequate, the permit will require the swimming pool to be emptied by suction instead of drainage across property.
(5)
An As-Built Plan showing the location of permanent markers and position of the pool shall be provided to the Township prior to any use of a pool.
D.
The drainage of swimming pools shall not interfere with water supply systems, existing sanitary facilities, Public Streets, or neighbors' properties.
E.
If the water for the swimming pool is supplied from a private well, there shall not be any cross-connection with a Public Water supply system.
F.
If the water for the swimming pool is supplied from a Public Water supply system, the inlet shall be above the overflow level of the pool by no less than six inches.
G.
Swimming pools and Structures related to a pool shall be located in the Rear or Side Yard but shall not be within the Setback area. Any walks, paved areas or open decks related to the pool not forming part of the residence shall be more than half the Setback distance away from the Lot Line.
H.
Swimming pools shall not be located under any electrical lines, or over any utility lines including electric, sewer and water lines, and shall not be within 10 feet of any part of a septic system.
I.
Water from any swimming pool shall not be discharged onto adjoining properties or Streets, or onto On-Site Sewage Disposal systems.
J.
Every swimming pool hereafter constructed shall be completely enclosed by a fence that is at least four feet high and has a self-closing, self-latching gate that accommodates a locking device to control access by unauthorized Persons, and to protect children and animals. Access gates shall open outward away from the pool.
K.
Fencing shall be placed either near or adjacent to the pool or at such other place on the property as to constitute an adequate barrier against entrance onto the land or into the pool. Permanent Structures, such as a side of a Building, may be considered to be part of the fence when Approved by the Zoning Officer. When the Dwelling or other Building is part of the pool barrier, operable windows having a sill height of less than 48 inches above finished floor and doors having access to the pool area shall be equipped with alarms; listed and labelled as a water hazard entrance and alarmed in accordance with the UL 2017.
(1)
Such fence shall be constructed of wire, wood, decorative masonry or other material Approved by the Code Enforcement Officer.
(2)
A temporary fence, adequate as aforesaid, shall be placed the day Construction begins and maintained throughout completion of Construction. The maximum aperture of any fence is two inches.
L.
Fences shall be constructed in a workmanlike manner and maintained in a safe condition
M.
The fencing requirement of these regulations does not apply to a swimming pool four feet or more above grade when equipped with removable steps or ladders, provided that said steps or ladders are removed when the pool is not in use.
N.
The fencing requirement of these regulations does not apply to a natural pond or a man-made pond not intended for swimming, unless deemed necessary by the Board of Supervisors.
O.
These regulations are effective immediately after adoption as an amendment to this chapter.
P.
Owners of swimming pools that were in existence prior to the effective date of this section will not be required to comply with the fencing requirements set forth above; however, upon a transfer or sale of the property on which the pool is located, the new Owner will be required to comply with these regulations within 12 months.
Q.
All pools shall be buffered as set forth in this chapter.
R.
Lighting shall be placed so no light projects beyond the Lot boundaries.
S.
The Township has the right to periodically inspect any pool in the Township but does not have the duty to do so.
T.
Time of completion. All pools shall be completed within 90 days of the grant of the permit unless the time is extended by the Code Enforcement Officer for good cause.