East Bradford Township
City Zoning Code
City Zoning Code
ARTICLE XV
General Regulations and Requirements
[Amended 6-30-1977 by Ord. No. 34-1977; 4-12-1983 by Ord. No. 52-1983; 12-13-1983 by Ord. No. 66-1983; 3-21-1988 by Ord. No. 97-1988]
§ 115-71 Yard and open space limitations.
No yard or other space provided about any building or structure for the purpose of complying with this chapter shall be considered as a yard or other open space for another building or structure.
§ 115-72 Projections into required yards.
The following shall apply to all districts:
A.
An arbor, open trellis, flagpole, unroofed steps or an unroofed terrace or recreational or drying yard shall be permitted with no restriction.
§ 115-73 Visibility at intersections.
The following shall apply to all zoning districts. On a corner lot or at a point of entry on a public road, nothing shall be erected, placed or allowed to grow in a manner which obscures vision:
A.
Above the height of 2 1/2 feet measured from the center-line grades of the intersecting streets.
B.
Within the area bounded by the center lines of intersecting streets and a line joining points on these center lines 75 feet from an intersection of the center line of such streets or entrances.
§ 115-74 Sale of farm products.
Where the display and sale of farm products are permitted, it shall be provided that:
A.
At least 50% of such products shall have been produced on the property on which they are offered for sale.
B.
Parking space for at least three cars shall be provided on the lot. Where the sales area exceeds 600 square feet, one additional parking space shall be provided for each additional 200 square feet of space area or portion thereof. In any case, there shall be sufficient parking places for the use intended. Parking areas shall be so arranged to give safe and convenient access to the highway.
C.
Sale of farm products shall be conducted from a portable stand dismantled at the end of the growing season, or from a permanent building, provided that such stand or building shall be located at least 50 feet from all property lines, including the right-of-way line of the road.
§ 115-75 Keeping of animals.
[Amended 6-12-2018 by Ord. No. 01-2018]
A.
Purpose. The intent of this section is to establish reasonable regulations governing the keeping of animals in order to protect human and animal health, prevent unsightly and erosion-prone land use conditions, prevent the contamination of groundwater and surface water and reduce the safety hazards of straying animals. Nothing in this section shall be construed or enforced in such a way as to conflict with Pennsylvania's Right to Farm Act (RTFA), 3 P.S. § 951 et seq., the Agricultural Area Security Law (AASL), 3 P. S. § 901 et seq., the Agriculture Communities and Rural Environment (ACRE) Law, 3 P.S.§ 311 et seq., or other state law or statute which prohibits inconsistent regulation by a local municipality.
B.
Use regulations. In any district, animals shall be kept only according to the following standards:
(1)
General standards for keeping of all animals.
(a)
Exotic wildlife shall not be permitted in any zoning district unless authorized by the Exotic Wildlife Possession Permits section of the Game and Wildlife Code, Act 93 of 1986,[1] or amendments thereto. In the event of such authorization, the permit holder shall comply with all requirements of the Pennsylvania Game Commission. The permit holder shall produce the permit upon request of the Township.
[1]
Editor's Note: See Pa.C.S.A. § 101 et seq.
(b)
In the event a homeowners' association document, real property covenant or restriction, or other similar document is in place and applicable to a property, whichever contains the most restrictive standard, be it this section or the document, shall prevail.
(c)
Owners shall comply with Chapter 74, Noise Disturbance.
(2)
Standards for keeping of animals in the course of normal farming operations.
(a)
Buildings for livestock shall be designed for ease of manure removal and handling. Manure storage shall be designed, constructed, maintained and operated in accordance with the applicable laws and regulations. Permits shall be secured from all governmental agencies having jurisdiction over this activity.
(b)
Setback requirements for the zoning district shall be complied with for all structures.
(c)
A fenced or otherwise enclosed outside area shall be provided which is capable of containing the livestock and is of sufficient size and properly located for good sanitation practices. Materials used for fencing shall be of sufficient sturdiness and properly designed, installed and maintained so as to prevent straying.
(d)
The owner shall provide proof of a written manure management plan or certified nutrient management plan, as applicable, that identifies any animal concentration areas and best management practices as required by the Department of Environmental Protection ("DEP") and DEP's Manure Management Manual, or successor publication.
(e)
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.
(f)
The owner shall provide proof of a written odor management plan to the Township, if such a plan is required by DEP.
(g)
The owner shall comply with applicable federal, state and county laws and regulations regarding animal density.
(3)
Standards for keeping of pet animals and other animals, including livestock, which are not part of normal farming operations.
(a)
Buildings for shelter shall be provided for all animals housed outside. Livestock shall have loafing sheds, covered feeding areas or other appropriate facilities.
(b)
All buildings on the property for animals shall be designed to serve only the number of animals permitted on the property.
(c)
All buildings shall be designed for ease of manure removal and handling.
(d)
No more than one dog may be left outside the home or a soundproof canine building at night.
(e)
Unless otherwise specified in this section, setback requirements for the zoning district shall be complied with for all structures.
[1]
In zoning districts where the setback requirement is less than 100 feet from the property line, buildings for more than two or more livestock animals, excluding fowl, shall be located at least 100 feet from any property line.
[2]
Buildings for fowl shall be located at least 25 feet from any property line.
(f)
A fenced or otherwise enclosed outside area shall be provided which is capable of containing the animals and is of sufficient size and properly located for good sanitation practices. Materials used for fencing shall be of sufficient sturdiness and properly designed, installed and maintained so as to prevent straying.
(g)
Manure storage shall be set back a minimum of 100 feet from the property line. No uncovered manure storage shall be permitted 100 feet uphill of any stream. No manure may be stored within a swale, drainageway or storm water management feature. Manure storage shall be designed, constructed, maintained and operated in accordance with the applicable laws and regulations. Permits shall be secured from all governmental agencies having jurisdiction over this activity.
(h)
Muddy or dusty ungrassed pasturage areas shall be stabilized to prevent erosion.
(i)
The following are limitations on adult animals:
[1]
Fenced acreage shall exclude slopes in excess of 20% as calculated per the requirements of the subdivision and land development chapter,[2] unless the fenced area is intended solely for use by fowl.
[2]
Editor's Note: See Ch. 95, Subdivision and Land Development.
[2]
Adult animals already living on a property as of June 12, 2018, that are in excess of the number permitted by this section may be kept by the owner for the adult animal's lifetime, provided that the general standards of this chapter are met. After the animal's death, the owner shall not replace the animal and shall come into compliance with this section. If the general standards are violated, the property owner will have a maximum of one year from the time of citation in which to eliminate the violation(s) or dispose of the animals.
[3]
Animal Density Table.
Type of Animal | Minimum Acreage Required | Ratio (Animal Unit: Acre) | Maximum Number of Animals |
|---|---|---|---|
Fowl | 1 Acre | 1 animal: 1/6 fenced acre | 30 |
Small livestock, such as goat and sheep | 2 Acres | 1 animal: 1/2 fenced acre | N/A |
Large livestock, such as horses, cows and pigs | 5 Acres | 1 animal: 1 fenced acre | N/A |
Pet animals | N/A | N/A | 5 |
§ 115-76 Agricultural utilization or other land application of sludge.
A.
Purpose. The purpose of this section of the East Bradford Township Zoning Ordinance is to further the overall purposes of the Zoning Ordinance as set out in § 115-2 hereof and, also, to provide for the protection and preservation of natural resources and agricultural land and activities and to protect and promote the health, cleanliness, comfort and safety of the citizens of the Township of East Bradford.
B.
Authorization. This section of the East Bradford Township Zoning Ordinance is enacted pursuant to the authority granted to the Township by the Legislature of the Commonwealth of Pennsylvania in the following duly enacted statutes:
(1)
The sections of the Second Class Township Code authorizing the Township to enact ordinances dealing with the protection of the health of Township residents, refuse materials, nuisances and public safety, codified in Volume 53 of Purdon's Consolidated Statutes of the Commonwealth of Pennsylvania in §§ 66526, 67107, 66529 and 66527, as amended.
(2)
The applicable provisions of the Pennsylvania Municipalities Planning Code dealing with zoning ordinances codified in Volume 53 of Purdon's Consolidated Statutes of the Commonwealth of Pennsylvania in §§ 10601 and 10603, as amended.
(3)
The applicable provisions of the Pennsylvania Solid Waste Management Act, codified in Volume 35 Purdon's Consolidated Statutes of the Commonwealth of Pennsylvania in § 6010, as amended.[1]
[1]
Editor's Note: Section 6010 and the rest of the Solid Waste Management Act of 1968 was repealed by Section 1001 of Act 1980, July 7, P.L. 380, No. 97. For current provisions, see 35 P.S. § 6018.101.
C.
Conditional use. Agricultural utilization or other land application of sludge is permitted only as a conditional use in the R-1 Zoning District within the Township, subject to the provisions of this chapter.
D.
Applications. A person wishing to utilize sludge on property in the Township shall present an application for a conditional use, pursuant to the procedures specified in § 115-77 of this chapter, which shall contain the following:
(1)
A narrative describing the proposed sludge utilization program, including the source of the sludge, the proposed utilization rate per acre and the total amount to be applied during the utilization period.
(2)
A topographical drawing, prepared by a registered engineer, to a scale no greater than one inch equals 200 feet, showing:
(a)
The location of the site relative to public roads.
(b)
The identity of owners of adjacent properties.
(c)
Boundaries of the area to be used for sludge utilization.
(d)
The location of public and private water supplies, wells, springs, streams, swamps or other bodies of water within 1/4 of one mile of the boundaries of the proposed sludge utilization site.
(3)
A soils, geologic and groundwater report of the characteristics of the proposed sludge utilization site. The report shall be based on a soils, geology and hydrology investigation and on a published standard soil survey or equivalent data and shall encompass and include the following criteria:
(a)
Excavations and borings or wells shall be made to determine the valid and conclusive soil, geology and groundwater conditions, including a minimum of three borings or wells which shall be drilled 10 feet into the groundwater or to bedrock, to delineate groundwater flow system(s). A minimum of one groundwater quality monitoring point shall be established in each dominant direction of groundwater movement, and one monitoring point upgradient of the site. The location of all monitoring points shall be approved by the Township Engineer in advance of drilling, but in no event shall any monitoring point be located more than 500 feet from the nearest boundary of the proposed sludge utilization site. Monitoring points shall be accessible to the applicant and to the Township and its Engineer. Chemical analyses and hydrologic data shall be submitted quarterly to the Township Engineer on a form provided to the applicant by the Township, which shall contain all data required from time to time by the Township. Each monitoring point shall be purged prior to obtaining each sample for analysis.
(b)
Detailed soil descriptions based on soil borings obtained through the well-drilling procedures.
(4)
A chemical analysis of the sludge, which shall include, but not be limited to, the ranges of the following: moisture content, percent total nitrogen (moist and dried), percent ammonium (NH4-N) (moist and dried), percent organic nitrogen (moist and dried), BOD, pH, and the following reported on a dry-weight basis: cyanide, sodium, cadmium, zinc, copper, nickel, lead, chromium, mercury and molybdenum and other toxic substances and enteric pathogens. Chemical analyses are required according to the following schedule:
(a)
Three composite samples of the sludge to be disposed of must be analyzed, and one composite sample each year thereafter must be analyzed.
(b)
Additional analysis may be required by the Township when significant changes in the treatment plant's volume or quality of effluent is evident.
(5)
A statement from the Pennsylvania Department of Environmental Protection or its successor indicating the general feasibility of the site for utilization of sludge.
(6)
Identity of the owner of the site and an explanation of the relationship of the applicant to the owner and a notarized statement of the property owner that sludge utilization is permitted on the property.
(7)
An estimate of the expected useful life of the site for utilization of sludge.
(8)
An estimate of the number of vehicles weighing over 20,000 pounds, loaded, which are expected to visit the site.
(9)
A statement of the applicant's prior experience, if any, with utilization of sludge.
E.
Requirements and standards applicable to utilization of sludge. Prior to approving a site for utilization of sludge, the Board of Supervisors and the Planning Commission, acting in conformity with §§ 115-115 through 115-119 of this chapter, shall require that:
(1)
Any application for utilization of sludge shall be in compliance with the requirements of the Pennsylvania Department of Environmental Protection and that, prior to the onset of site utilization, a permit shall be obtained from the Pennsylvania Department of Environmental Protection for said operations.
(2)
Any such site shall be so located that safe and adequate access is available over public roads at all times. The Board of Supervisors may require that any Township road providing access to the proposed site be a minimum of 24 feet in width and paved with surface and base course of sufficient depth to withstand traffic loads to be determined by the number and weight of trucks anticipated in the operation of the proposed site. The Board of Supervisors may further require that the cost of improvement of any Township road to provide this standard of access may be charged against the applicant, either by requiring contribution of moneys sufficient to pay for the improvement of the road or by charging truck usage fees on the operation of the site sufficient to pay for the improvement and maintenance of access roads.
(3)
The proposed operation will not create a nuisance in the Township or otherwise impose a hardship on adjoining property owners or with the Township in general.
(4)
The applicant maintain records of quantities, dates and locations of sludge application and furnish copies of such records to the Township upon request.
(5)
When the utilization of the site for sludge is completed, the aforementioned groundwater monitoring system remain in place and water quality analyses be continued for a period of not less than five years, in conformity with Subsection D(3)(a) herein.
F.
Storage. In no event and under no circumstances shall any person be permitted to store or otherwise retain or keep sludge on any property within the Township for any purpose for any period of time, except that a person who has obtained approval for a conditional use to utilize sludge may retain or store on the site for which the conditional use approval has been granted a quantity of sludge equivalent to one day's usage, provided that, at the expiration of 24 hours after the commencement of the storage period, said sludge must either be applied or removed from the property.
G.
Minimum acreage. No site shall be approved for sludge utilization which contains less than 10 contiguous acres. In computing site sizes, properties divided by public roads shall not be deemed contiguous.
H.
Performance bond. In order to assure the Township that the various tests and duties imposed upon an applicant by this chapter are fully performed, the Board of Supervisors shall require that a sufficient surety for such performance shall be posted by an applicant before issuing any conditional use approval or permit. The applicant shall assure the Township by means of a corporate bond or the deposit of funds or securities in escrow sufficient to cover the costs, as estimated by the Township Engineer, of performing the various tests and duties imposed upon him by the chapter over the expected useful life of the site, plus five years. The bond shall be furnished under such conditions and form and with surety as shall be approved by the Board of Supervisors to guarantee and secure that all such tests and duties are fully and adequately performed and are paid for by the applicant and that the Township shall in no event be held liable for the cost of any such duties or tests. In lieu of a bond, the applicant may deposit cash or securities with the Township or a bank or trust company to guarantee and secure the same requirements as set forth above. In the event that such cash or securities are deposited, said deposit must be made pursuant to an escrow agreement prepared or approved by the Township Solicitor and the Board of Supervisors. The escrow agent for the deposit of such cash or security shall be located in Chester County and shall be subject to approval by the Board.
I.
Indemnification. In addition to the foregoing requirements, all applicants to utilize sludge upon property within the Township of East Bradford shall, prior to the utilization of any sludge, deliver to the Township Board of Supervisors a liability indemnification on a form to be prepared by or approved by the Township Solicitor and secured by a policy of insurance from a reputable insurance company, pursuant to the terms of which indemnification agreement the applicant specifically agrees to fully indemnify and hold harmless the Township of East Bradford and all of its officers, agents and employees from any and all liability and litigation defense costs accruing to any person(s) as a result of any use of any land in the Township permitted by the Board of Supervisors pursuant to this section.
§ 115-77 Conditional uses.
[Amended 8-14-1990 by Ord. No. 120-1990; 6-9-1992 by Ord. No. 135-1992; 1-10-1995 by Ord. No. 158-1995; 5-13-1997 by Ord. No. 1-1997; 11-8-2005 by Ord. No. 9-2005]
A conditional use is a use permitted by the Board of Supervisors pursuant to the provisions of this chapter. Where this chapter has provided for conditional uses to be granted or denied by the Board of Supervisors, the procedures outlined in this section shall be adhered to; and the Board shall give consideration to such conditional uses in accordance with the criteria set forth herein and in other specifically applicable sections of this chapter. The provisions in this chapter are intended to limit plan revisions during the conditional use process. The applicant has ample opportunities to obtain input from the staff, Planning Commission and other advisory boards and commissions during the sketch plan stage.
A.
The applicant is strongly encouraged to submit a sketch plan prepared in accordance with § 95-12 of the Code. By submitting a sketch plan, the applicant will benefit from input from the staff, Planning Commission and other advisory boards and commissions before presenting the conditional use plan to the Planning Commission and Board of Supervisors.
B.
Applications for conditional uses. An application for a conditional use shall be made to the Board of Supervisors, in writing, on a form furnished by the Township, and shall be accompanied by a plan prepared in accordance with § 115-77F of the Code. In addition, the applicant shall complete and execute a cash escrow agreement on a form supplied by the Township. The cash escrow agreement shall be initially funded in an amount estimated by the Township to be sufficient to cover all Township costs, fees and charges to be incurred by it as a result of the application. The applicant shall also pay the filing fee as set forth in a resolution of the Board of Supervisors. Twenty copies of the application and all supporting documents shall be submitted. Additional copies may be required.
[Amended 9-9-2008 by Ord. No. 2-2008]
C.
Procedure.
[Amended 12-13-2006 by Ord. No. 8-2006; 2-12-2019 by Ord. No. 01-2019; 5-19-2019 by Ord. No. 02-2019]
(1)
Upon receipt of a complete application for a conditional use, the Board of Supervisors shall promptly send copies of the application and all supporting materials to the East Bradford Township Planning Commission and any other advisory boards/commissions, the Chester County Planning Commission, the Township Engineer and other consultants, as required.
(2)
Upon receipt of the application, the Board of Supervisors shall schedule, advertise and hold a public hearing at which the application shall be considered. The hearing shall be held within 60 days of the date upon which the application was submitted to the Board of Supervisors.
(3)
The Township advisory boards/commissions, the Chester County Planning Commission, the Township Engineer and other consultants shall promptly submit their review comments to the East Bradford Township Planning Commission.
(4)
The Planning Commission shall promptly review and consider the application and all supporting materials and shall make recommendations thereon.
(5)
All owners of land within 500 feet of the property and all persons registered with the Township to receive notice under § 115-119.1A shall be notified by the applicant of the conditional use application pursuant to the criteria set forth in § 115-119.1. The applicant shall show proof at the conditional use hearing that all property owners were notified.
(6)
A stenographic record of the hearing proceedings shall be made by a court reporter. The appearance fee for the court reporter shall be shared equally by the applicant and the Board. Any party requesting the original transcript or a copy of the transcript shall bear the cost of the same.
D.
Determination by the Board of Supervisors.
(1)
The Board of Supervisors shall, within 45 days of the date of such hearing, render a final decision and shall, by official written communication to the applicant, either:
(a)
Approve the application as presented;
(b)
Disapprove the application as presented; or
(c)
Approve the application subject to specified conditions.
(2)
Each decision shall be accompanied by findings of fact and conclusions based thereon, together with any reasons therefor. Conclusions based upon any provisions of the Pennsylvania Municipalities Planning Code (MPC) or of any ordinance, rule or regulation of the Township 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)
When the Board of Supervisors fails to render the decision within the period required by this subsection or fails to hold the required hearing within 60 days from the date of the applicant's request for a hearing, the decision shall be deemed to have been rendered in favor of the applicant unless the applicant has agreed, in writing or on the record, to an extension of time. When a decision has been rendered in favor of the applicant because of the failure of the Board of Supervisors to meet or render a decision as hereinabove provided, the Board of Supervisors shall give public notice of the decision within 10 days from the last day it could have met to render a decision in the same manner as required by the public notice requirements of the MPC. If the Board of Supervisors shall fail to provide such notice, the applicant may do so.
(4)
Nothing in this subsection shall prejudice the right of any party opposing the application to appeal the decision to the Court of Common Pleas of Chester County.
(5)
A copy of the decision shall be delivered to the applicant personally or mailed to the applicant no later than the day following the date of the decision.
E.
General standards. In considering any application for conditional use permitted by this chapter, the Board shall, in addition to applying the express standards and criteria set forth in this chapter:
(1)
Assure itself that the proposed use is consistent with the spirit, purpose and intent of the Zoning Ordinance.
(2)
Determine that the proposed use will not substantially injure or detract from the use of the neighborhood property or from the character of the neighborhood and that the use of the property adjacent to the area included in the proposed change or plan is adequately safeguarded.
(3)
Determine that the proposed use will serve the best interests of the Township, the convenience of the community, where applicable, and the public welfare.
(4)
Consider the effect of the proposed use upon the logical, efficient and economical extension of public service and facilities such as public water, sewers, police and fire protection and public schools and assure adequate arrangements for sanitation in specific instances.
(5)
Be guided in its study, review and recommendation by sound standards of land development practice where applicable.
(6)
Guide the development of state and county highway frontage insofar as possible so as to limit the total number of access points and encourage the frontage of buildings on parallel marginal roads or on roads perpendicular to the highway.
(7)
In approving a conditional use application, where such use is authorized under this chapter, the Board of Supervisors may, in its sole discretion, attach such conditions to its approval as it deems necessary to further the purposes of this chapter. Such conditions may include, but need not be limited to:
(a)
Specific modifications to area and bulk requirements as might otherwise be applicable;
(b)
Provisions for additional utility or traffic safety facilities;
(c)
Additional easements on properties to assure proper site design;
(d)
Modifications to the applicable design standards;
(e)
Provisions requiring harmonious design of buildings, plantings and maintenance of sight and sound screens; or
(f)
Provisions minimizing obnoxious, offensive or hazardous elements or odors.
(8)
Weigh each case on its own merits, separately, based upon pertinent information presented or known to the Board and without regard to any previous case.
(9)
Consider the comments, if any, provided to the Board by the Chester County Planning Commission and the Chester County Health Department.
F.
Plan requirements.
(1)
Drafting requirements.
(a)
Maps shall be drawn to a scale not smaller than 50 feet to the inch.
(b)
The material to be submitted for consideration as the conditional use plan shall be prepared in accordance with the Act of May 23, 1945 (P.L. 913, No. 367), known as the "Professional Engineers Registration Law."[1]
[1]
Editor's Note: Said Act is now known as the "Engineer, Land Surveyor and Geologist Registration Law." See 63 P.S. § 148 et seq.
(c)
The sheets submitted shall be no smaller than 17 inches by 22 inches and no larger than 34 inches by 44 inches. If more than one sheet is necessary, each sheet shall be the same size and numbered to show its relation to the total number of sheets in the plan, for example "Sheet No. 1 of 5 sheets."
(d)
There two or more sheets are submitted, a key map at a scale sufficient to show their relationship shall be provided.
(e)
Plans must also be submitted in an electronic format using software compatible with the Township Engineer (AutoCAD software).
(2)
Location, identification and background.
(a)
A sketch or map, drawn approximately to scale, showing the location of the proposed subdivision or land development in relation to adjacent properties and existing streets.
(b)
The limits, dimensions and acreage of the tract to be subdivided or developed.
(c)
The date, scale and North point.
(d)
The name and address of the landowner.
(e)
The name, address, telephone number and e-mail address, if available, of the applicant.
(f)
The zoning applicable to the tract to be subdivided or developed, along with all zoning boundaries, if any, that traverse or are within 300 feet of the tract.
(3)
Existing features.
(a)
Natural features.
[1]
Contours at vertical intervals of two feet.
[a]
Datum to which elevations refer.
[2]
Steep slopes. In plotting steep slopes, the applicant shall distinguish by shading those slopes between 20% and 30% from those slopes in excess of 30% and shall indicate the extent of those slopes considered to be man-made.
[3]
In determining the area of steeply sloping land on any site, the following rules shall apply:
[a]
The maximum elevation difference over which steep slope, including prohibitive slopes, may be determined is 20 feet.
[b]
The limit of steeply sloping areas is to be determined by the first contour interval over which twenty-percent slopes occur or, in the case of prohibitive slopes, over which thirty-percent slopes occur, and steep slope areas may not be averaged over areas of lesser slopes.
[c]
Areas of steep slope, including those areas of prohibitive slope, consisting of two contour intervals or less and less than 1,000 square feet in extent may be excluded, provided that they do not adjoin or abut larger areas of steep slopes, as defined herein.
[d]
Small areas of less than steep and prohibitive slope occurring in the midst of larger areas of similar slope shall be averaged into the adjoining steep slope area.
[e]
For the purpose of lot area calculation, the total area of steep slope shall be carefully measured and enumerated on the plan with respect to their occurrence in each of the individual lots proposed.
[4]
Generalized soil types as mapped in the Soil Survey of Chester and Delaware Counties.
[5]
Wetlands delineation completed by a wetland specialist certified in delineation of wetlands per United States Army Corps of Engineers regulations and guidelines.
[6]
A description of each soil classification found on the parcel, which explains limitations for on-site sewage disposal and is correlated with the results of percolation tests that may be required under § 95-13C(1)(j).
[7]
Areas within the Floodplain District, including floodway, floodway fringe and approximated floodplain areas as delineated by the Flood Insurance Rate Maps and Flood Insurance Studies prepared for the Township of East Bradford by the Federal Insurance Administration.
[8]
Water bodies and watercourses, both perennial and seasonal.
[9]
The location of existing individual trees over six inches dbh, tree masses and their associated vegetation layers, mature trees and other vegetation such as hedgerows; wetland vegetation; old field; meadow, pasture or cropland; orchard; cultivated and ornamental garden areas; etc.
[10]
If applicable, the boundaries of the Brandywine Scenic River District, including the locations of areas designated as "visually significant landscapes." The applicant shall indicate the relationship between the boundaries of the BSR District and the locations of ridge lines identified as per § 95-13C(1)(k).
[11]
A delineation of those portions of the tract visible from adjacent public roads.
[12]
Any other significant natural features within the proposed subdivision and within 50 feet of the boundaries of the proposed subdivision.
(b)
Built features.
[1]
Existing structures and other improvements.
[2]
All existing streets on or immediately adjacent to the tract, including name, right-of-way width and cartway width.
[3]
The location and, where applicable, the dimensions of existing easements, rights-of-way, public lands, monuments and other similar features.
[4]
All existing sewers, water mains, culverts, petroleum products or gas mains, fire hydrants, wells, septic systems, drain fields and other significant man-made facilities on the tract and within 50 feet of the boundaries of the tract.
[5]
Locations on the tract or within 50 feet of the property boundary of resources of known or potential local, state or national historical significance, including buildings, structures, objects, sites or districts (above or below ground).
[6]
Existing paths and trails.
[7]
Locations within the tract, and off the tract within 300 feet of the tract boundary, of all structures and areas of known or identified historical significance. Where such structures or areas of historical significance are required to be located on the plan, a notation shall be included on the plan indicating whether or not an historic resource impact study has been submitted to the Township in accordance with Article XX, § 115-131.1, of the Township Zoning Ordinance.
[Added 9-13-2011 by Ord. No. 3-2011]
(4)
Proposed features.
(a)
A statement describing proposed public improvements, including streets and gutters, and including the means of water supply and sanitary drainage to be provided.
(b)
A description of the proposed use of the development.
(c)
Calculations showing the lot area of each proposed lot.
(d)
All building setback lines and driveway lines, with distances from ultimate right-of-way lines.
(e)
Type of dwelling(s), if applicable.
(f)
All covenants relating to use, including all existing and proposed easements and rights-of-way.
(g)
With respect to installations of any public improvements within a subdivision and in conjunction with a subdivision and in conjunction with any land development plan, notations must be shown indicating all tree masses, specimen trees and trees over six-inch caliper proposed to be cleared and all proposed alterations of the natural grasses exceeding two feet.
(h)
All applications for conditional use shall be accompanied by information with regard to the means of sewage disposal and provision of water supply and, if community on-site sewage facilities are contemplated, the applicant shall submit a complete design of the system and analysis of the environmental impacts per the requirements of Chapter 73 of the Pennsylvania Code to ensure the proposal is feasible, the site layout will remain as proposed and all buffering requirements of the Pennsylvania Code are adhered to.
(i)
Identification of any land to be dedicated for public use (refer to the Township Official Map).
(j)
Proposed changes in vegetation, including:
[1]
The location of all vegetation which is to be removed, including tree masses and freestanding mature trees.
[2]
The locations of proposed grading and other earth disturbances as they relate to a tree protection zone.
(k)
A conditional use stormwater management plan, when required per § 95-26, Stormwater management, shall include:
[1]
A map showing approximate locations and a description of stormwater management system components, design and operation, including but not limited to:
[a]
The location and area of all forests, lakes, ponds, watercourses, including drainage swales, and slopes steeper than 20% located within the proposed site of subdivision or land development.
[b]
Rights-of-way or easements proposed to be created for drainage purposes and proposed ownership and maintenance responsibility for those rights-of-way or easements.
[2]
A narrative summary of the project, including, but not limited to, the following: a description of how the proposed project complies with all requirements of federal, commonwealth and county agencies with regard to stormwater management.
[3]
Plans and data shall be prepared and submitted by a licensed professional engineer with experience and education in soil mechanics. These reports shall include discussion of recharge capability and recharge system applicability and offer suggestions for water infiltration capacity, soil settling characteristics and the suitability of existing soils.
(l)
Where the conditional use plan covers only a part of the applicant's entire contiguous holding and additional subdivision would be possible, a sketch shall be submitted of the prospective street and lot layout for the remainder per the requirements of § 95-12A(1) through (10), except submission of such materials shall be mandatory, not at the discretion of the applicant, as would be the case with a sketch plan.
(m)
On-site sewer and water service. For a development where on-site water and/or on-site sewage disposal are permitted, the applicant shall submit information as required by the Board of Supervisors that adequate and safe water and sewer service is available to serve the purposed development or use without causing adverse environmental damage or negatively affecting adjacent property owners.
(5)
The names of current owners of all abutting unplotted land and the names of all abutting subdivisions or developments.
(6)
Locations on the tract, and off the tract within 300 feet of the tract boundary, of all structures and areas of known or identified historical significance. Where such structures or areas of historical significance are required to be located on the plan, a notation shall be included on the plan indicating whether or not an historic resource impact study has been submitted to the Township in accordance with Article XX, § 115-131.1, of the Township Zoning Ordinance.
(7)
Applications for uses described in § 95-13E(2) of the Code shall submit a Transportation Impact Analysis in accordance with § 95-13E.
[Added 12-13-2016 by Ord. No. 7-2016]
G.
Extension or change. A use of a building or lot authorized as a conditional use, either by decision of the Board of Supervisors or by the enactment of or amendment to this chapter, may be extended or changed within the building or upon the lot only when authorized as a conditional use following application to and approval by the Board of Supervisors in accordance with procedures, standards and criteria set forth in this chapter.
[Added 12-13-2006 by Ord. No. 8-2006]
