East Brandywine Township
City Zoning Code
City Zoning Code
ARTICLE XIII
General Regulations
§ 399-72 Statement of intent.
In setting forth general regulations in this article, it is the intent of the Township to establish clear standards for activities and the design and impact of site development that may be associated with a variety of zoning districts or types of land use. In most instances, these regulations are to be interpreted and applied in conjunction with the requirements of one or another use district of this chapter; they are limited with respect to the Zoning Map only as stipulated by the terms of this article.
§ 399-73 Exception to height limitations.
A.
The height limitations of this chapter shall not apply to church spires, belfries, cupolas and domes not intended for human occupancy, monuments, standpipes, chimneys on residential structures, or flagpoles.
B.
The height limitations of this chapter shall not apply to any principal or accessory agricultural building or structure, including but not limited to a barn or silo.[1]
[1]
Editor's Note: Former Subsection C, concerning uses that may be erected to a maximum height of 50 feet with special exception, which immediately followed this subsection, was repealed 6-17-2015 by Ord. No. 04-2015.
§ 399-74 Modification of front yard requirements.
A.
Where an unimproved lot is situated between two improved lots, on each of which there has existed since the effective date of this chapter a principal building within 25 feet of the side boundary line of such improved lot and encroaching within the front yard otherwise required by this chapter, the front yard depth of such unimproved lot may be the average depth of the front yards of the two adjacent improved lots, notwithstanding the yard requirements of the district in which the unimproved lot is located.
B.
Where an unimproved lot adjoins only one improved lot, on which there has existed since the effective date of this chapter a principal building within 25 feet of the common side lot line and encroaching within the front yard otherwise required by this chapter, the front yard depth of such unimproved lot may be the average depth of the front yard of such adjacent improved lot and the front yard required for the district in which such unimproved lot is located, notwithstanding the yard requirements for such district.
§ 399-75 Projections into required yards.
A.
No principal building and no other building containing a dwelling unit or other habitable living space shall be erected within or shall project into any required yard in any district. The following components of such building, however, may project into any required side or rear yard so long as they are set back at least 15 feet from any side or rear lot line: terraces; uncovered platforms, decks, steps, and similar landings; buttresses; chimneys; cornices; piers or pilasters; unenclosed fire escapes, and access ramps for physically handicapped persons. Where the lot dimensions, configurations, or topography allow no reasonable side or rear yard location, a handicapped access ramp may project into the required front yard, provided that the Zoning Officer reviews and approves the proposal; the ramp design represents the minimum projection necessary into the front yard; and no portion of such ramp is located closer than 30 feet to the front lot line.
[Amended 3-17-1998]
B.
On nonresidential properties only, an awning or movable canopy may project into any required side or rear yard not more than 25 feet, but shall not be closer than 15 feet to any side or rear lot line. In the MU and CS/LI Districts, an awning or movable canopy may project into required front yard, but shall not be closer than five feet to the front lot line.
[Amended 3-17-1998]
C.
Arbors, trellises, garden sheds, and similar uninhabitable accessory structures shall be permitted within side and rear yard areas provided they are not more than 12 feet in height, are set back at least 10 feet from the lot line, and, in the case of garden sheds and similar accessory structures, have a building footprint no greater than 12 feet by 16 feet or its equivalent square footage.
D.
Any detached garage, and any garden shed or similar uninhabitable accessory structure with a building footprint in excess of 12 feet by 16 feet or its equivalent square footage, shall be permitted within side and rear yard areas provided it is set back at least 15 feet from the lot line.
E.
Swimming pools, tennis courts, and similar outdoor recreation facilities shall be permitted within side and rear yard areas provided they are set back at least 25 feet from the lot line.
§ 399-76 Protection against vision obstruction.
A.
On any lot, no wall, fence, or other obstruction shall be erected, allowed, or maintained, and no hedge, tree, shrub, or other growth shall be planted or allowed to exist, which dangerously obscures the view of approaching traffic along a street or at intersections with other streets or driveways.
B.
On a corner lot, nothing shall be erected, placed, or allowed to grow which dangerously obscures the view within a clear sight triangle defined by the following:
(1)
Above the height of 30 inches and below the height of 10 feet, measured from the center-line grades of the intersecting streets; and
(2)
Within the area bounded by the center lines of intersecting streets and a line joining points on these center lines at least 75 feet from the intersection of the center lines of such streets.
§ 399-77 Height limitations of fences and walls.
Except for the requirements in Section 12(h) of the Township Junkyard and Refuse Ordinance, or a retaining wall or a wall of a building permitted under the terms of this chapter, no fence or wall erected within any required yard area shall exceed six feet in height unless that portion of the fence or wall which exceeds six feet in height has a ratio of open area to solid area of at least four to one (4:1).
§ 399-78 Landscaping and site design.
A.
Any portion of a lot, site, or tract which is not used for buildings or structures, loading or parking spaces and aisles, or other impervious surfaces or designated storage areas shall be planted with an all-season ground cover. A major objective for such ground cover shall be to prevent soil erosion and sedimentation off the site.
C.
For the purposes of promoting disease resistance, minimum maintenance, diverse natural plant associations, and long-term stability of plantings, the applicant is required to choose those combinations of species which may be expected to be found together under more-or-less natural conditions on sites comparable to those where the trees and shrubs are to be planted. Specification of native species will assist in fulfilling this requirement. A list of suggested plant materials shall be established by resolution of the Board of Supervisors.[1]
[Added 3-7-2024 by Ord. No. 01-2024]
[1]
Editor's Note: Said list is included as an attachment to this chapter.
§ 399-79 Buffering and screening of visual impacts.
[Amended 8-16-1995 by Ord. No. 95-02; 11-29-2018 by Ord. No. 05-2018]
A.
General applicability. All persons undertaking any of the following activities shall comply with the standards and procedures in Subsections B through G below:
(2)
Construction of the following streets, parking areas, loading and storage areas:
(3)
Construction or expansion of any of the following structures or facilities that exceeds 4,000 square feet in ground coverage:
(4)
Earthmoving and grading areas exceeding one acre, excluding those areas associated with on-lot site preparation for single-family and two-family residential lots, and further excluding agricultural operations.
B.
Mitigation of visual impacts.
(1)
Consistent with the visual impact plan developed under Subsection D, below, the applicant shall plant trees and shrubs and make other landscape improvements (e.g., berms, fences), as necessary, to mitigate the adverse visual impacts which his proposed actions will have on his property, adjoining properties, and the Township in general.
(2)
In demonstrating compliance with Subsection B(1) above, the applicant shall follow the minimum planting guidelines and landscape design guidelines set forth below. Where the proposed landscape improvements do not conform to these guidelines, the applicant shall undertake other design measures (e.g., site planning, architectural, landscape architectural) which, in the judgment of the Board of Supervisors, achieve comparable results or which render the guidelines unnecessary or inappropriate.
[Amended 3-7-2024 by Ord. No. 01-2024]
Table 1 | ||||||
|---|---|---|---|---|---|---|
Minimum Planting Guidelines | ||||||
Improvement Conditions | Deciduous Trees | Deciduous Shrubs | Understory Trees | Evergreen Trees | Evergreen Shrubs | |
Per 1,000 square feet ground floor area/building footprint | 1 | 4 | 1 | 1 | 4 | |
Per 1,000 square feet paved area (not including single-family driveways) | 1 | 2 | * | 1 | 2 | |
Per 100 linear feet of existing road frontage | 1 | 5 | 1 | 1 | 5 | |
Per 100 linear feet of property boundary along adjoining residential or institutional properties | 1 | 5 | 1 | 1 | 5 | |
Explanatory Notes for Table 1 | ||
|---|---|---|
1. | Asterisk (*) indicates additional plantings at the applicant's discretion. | |
2. | Minimum sizes of plantings should be: | |
(a) | Trees: 2.5 to 3.0 inches DBH. | |
(b) | Shrubs: 24 to 30 inches height or spread. | |
3. | Fractions of plants calculated from Table 1 should be rounded up to the nearest whole number. | |
4. | Plantings required per gross building area and paved areas may be utilized for on-lot or supplemental perimeter buffers. | |
(3)
In addition to the standards in Table 1, these minimum guidelines shall be followed for parking areas:
(a)
Parking areas exceeding 20,000 square feet:
[1]
The parking area's net perimeter (total perimeter less street access lanes) should be bordered by planting areas at least 15 feet in width.
(b)
No more than 12 parking spaces shall be placed in a continuous row without an intervening planting area of at least 72 square feet.
(4)
Because of the many benefits of native plants (price, longevity, wildlife habitat, etc.), the applicant shall conform to the minimum planting guidelines in Table 1 through the use of native trees and shrubs. Seventy-five percent of all plantings shall be species native to this geographic area as determined by Penn State Extension.
(5)
Species selected by the applicant should reflect the following considerations:
(a)
Existing site conditions and their suitabilities for the plant materials, based upon the site's geology, hydrology, soils, and microclimate.
(b)
Specific functional objectives of the plantings, which may include but need not be limited to visual screening, noise abatement, energy conservation, wildlife habitats, and aesthetic values.
(c)
Maintenance and replacement considerations such as hardiness, resistance to insects and disease, longevity, and availability and cost of plant materials.
(6)
For the purposes of promoting disease resistance, minimum maintenance, diverse natural plant associations, and long-term stability of plantings, the applicant is encouraged to choose those combinations of species which may be expected to be found together under more-or-less natural conditions on sites comparable to those where the trees and shrubs are to be planted. Specification of native species as noted above will assist in fulfilling this requirement.
C.
Landscape design guidelines.
(1)
Plantings should be provided in arrangements and locations which best mitigate the adverse impacts of the applicant's proposed site disturbance actions.
(2)
Planting areas should be selected and designed to reflect natural landscape characteristics existing prior to site disturbance, as well as those environmental conditions to be created following site disturbance by the applicant.
(3)
The locations, dimensions, and spacing of required plantings should be adequate for their proper growth and maintenance. This includes taking into account the sizes of such plantings at maturity and their present and future environmental requirements, such as moisture and sunlight.
D.
Visual impact plan. For all activities identified in Subsection A above, the applicant shall submit a plan that includes provisions for impact mitigation and long-term maintenance, as follows:
(1)
Depiction on the property base map of mitigation measures proposed by the applicant, including number and placement of plantings, and of other landscape or design improvements as specified in Subsection B.
(2)
Delineation of views of the applicant's property as it would be developed, as seen from adjoining properties used or zoned for residential or institutional purposes, and from existing adjoining public roads. Such views shall be classified according to whether views of the applicant's proposed improvements would be hidden, filtered, or unobstructed. With respect to adjoining roads, such views shall be based upon the viewer's location at the far edge of the road cartway, the opposite edge of which directly abuts the property. With respect to adjoining properties, the viewer's location shall be along the lines established by the minimum front, side, and rear yard distances as required by existing zoning for those properties.
(3)
Documentation showing the extent to which the landscape planting and design measures conform to the guidelines in Table 1. Where they do not conform, the applicant shall demonstrate one or more of the following:
(a)
That other mitigation measures chosen will produce comparable or superior results;
(b)
That, through design excellence in site planning, landscape architecture, and/or architecture, the guidelines in Table 1 are unnecessary or inappropriate;
(c)
That the need to mitigate in accordance with the guidelines constitutes an unreasonable or unnecessary financial burden.
E.
Site maintenance standards.
(1)
All landscape improvements to be provided in accordance with Subsection B above shall be installed and maintained by accepted practices as recognized by the American Society of Landscape Architects. Planting and maintenance of vegetation shall include, as appropriate, but need not be limited to, provisions for surface mulch, guy-wires and stakes, irrigation, fertilization, insect and disease control, and pruning.
(2)
The applicant shall make arrangements acceptable to the Township that all landscape improvements installed in accordance with this chapter shall be maintained in a healthy and/or sound condition, or otherwise be replaced by equivalent improvements, for a period of at least 18 months following their installation, except as otherwise required by Chapter 350, Subdivision and Land Development.
F.
Additional screening requirements. In addition to complying with applicable standards of this section, certain uses permitted under terms of this chapter shall be required to comply further with specific screening standards necessitated by the nature of the use. In such cases, compliance with those standards shall be in addition to meeting the applicable standards of this section; where standards appear to be in conflict, compliance shall be with the more stringent requirement.
G.
In response to this ordinance, a combination of elevation, section or perspective drawings shall be submitted to adequately portray the completed project appearance.
§ 399-80 Storage.
The following standards shall apply to the storage of all man-made materials:
A.
Storage for periods in excess of 30 days shall be screened from view of any public right-of-way and any contiguous residential use. Screening shall consist of continuous evergreen plantings and/or include an architectural screen.
B.
No storage shall be permitted within the front yard of a lot.
C.
No merchandise, goods, articles, or equipment shall be stored, displayed, or offered for sale outside any building except seasonal articles which are too large or otherwise infeasible to be stored indoors. Such articles shall be stored adjacent to the principal building housing the commercial use, and shall be enclosed by either walls or opaque fencing designed to be architecturally compatible with the building. Such enclosure shall be at least six feet high. Any outdoor display area shall be considered sales floor area for purposes of computing building coverage and parking requirements.
D.
Any organic refuse and garbage shall be stored in tight, vermin-proof containers. On multifamily, commercial, or industrial properties, solid waste storage shall be centralized to expedite collection. Storage containers shall be enclosed on three sides by an architectural screen.
E.
Flammable and combustible liquids, solids, or gases shall be stored in accordance with the Township Fire Code. There shall be no storage of hazardous waste anywhere within the Township, including temporary storage in a parked vehicle. Hazardous waste shall be as defined in Pennsylvania Act 97-1980, or any subsequent amendment or revision thereto.[1]
[1]
Editor's Note: See 35 P.S. § 6018.101 et seq.
§ 399-81 (Reserved) [1]
[1]
Editor’s Note: Former § 399-81, Access and traffic control, was repealed 11-29-2018 by Ord. No. 05-2018.
§ 399-82 Interior circulation.
Unless otherwise specified, the following regulations shall apply to all uses except single-family and two-family dwellings:
A.
Access aisles and drives.
(1)
Interior drives shall be designed to prevent blockage of vehicles entering or leaving the site. Drives may be one-way or two-way. Areas designed for loading and unloading, refuse collection, fuel delivery, and other service vehicles shall be arranged to prevent blocking or interfering with accessways and the use of automobile parking facilities or pedestrianways. Adequate turnaround surface shall be provided to permit egress to the street in a forward direction.
(2)
Traffic channelization shall be planned such that a main driving aisle, which vehicles can use to enter the site and parking bays, is remote from any primary building so as to avoid traffic conflicts in front of the primary building.
(3)
Parking areas shall be designed so that a vehicle within a parking area will not need to enter a public street to move from one location to any other location within the parking area or lot.
(4)
All interior drives and accessways shall have an approved all-weather surface, and shall be graded, properly drained, and maintained in good condition. Interior drives shall have a maximum grade of 8%, measured along the center line, for a distance of not less than 25 feet from the street right-of-way line. Beyond that point, interior roads and drives shall have a maximum grade of 10%.
B.
Shared access. Common or shared access driveways to parking and loading areas are permitted and encouraged. Landowners proposing such an arrangement shall submit a site plan and a proposed access easement indicating the extent and location of joint use; the area subject to the access easement shall be delineated on the site plan. Terms of the access easement also shall include the extent of common ownership and the method of assessing repair and maintenance costs. The proposed site plan and access easement shall be subject to approval by the Board of Supervisors; upon approval, the plan and easement shall be recorded so as to be binding on all successors or assigns.
C.
Fire lane easements.
(1)
Every use, building, or structure located on a lot shall be designed to provide safe and convenient access for emergency service vehicles. Fire lane easements may be required by the Board of Supervisors to assure access. When required, fire lane easements shall extend to the public road and have a minimum right-of-way width of 50 feet where future public dedication of the easement area is seen as a possibility. The area within the easement shall be graded, maintained obstruction-free, and have sufficient stability for use by emergency vehicles. The design of such fire lane easements shall be approved by the Board of Supervisors upon the recommendation of the East Brandywine Fire Company.
[Amended 8-20-2003 by Ord. No. 03-04]
(2)
Dead-end fire lane easements shall not exceed 400 feet in length and shall be terminated with an unobstructed vehicular turnaround or cul-de-sac with a minimum surface radius of 35 feet.
D.
Pedestrian circulation. The following regulations shall govern all uses, as applicable:
(1)
The landowner or developer shall preserve existing trails or install trails and pathways or other pedestrian facilities as necessary and desirable to achieve the following:
(a)
Logically continue, link, or expand existing pedestrian facilities on, across, and abutting the site.
(b)
Provide pedestrian access to existing or anticipated public transportation pickup points, public parks, community facilities and, where practical, commercial areas.
(c)
Provide convenient and logical walkway connections between the entrances of a principal building and its required parking spaces, preferably in conjunction with landscaped planting islands that provide shade, visual relief from glare, and physical separation from vehicular areas.
(2)
Maximum separation of pedestrian and vehicular routes shall be encouraged, where space permits, for safety and comfort of pedestrians. Separation can be in the form of any one or a combination of the following: horizontal distance; vertical separation and level changes; street trees, landscaping, and other barriers such as berms and fences.
§ 399-83 Lighting.
[Amended 7-7-2016 by Ord. No. 04-2016; 11-29-2018 by Ord. No. 05-2018]
A.
The following standards shall apply to all exterior light fixtures within East Brandywine Township, except street lighting and associated traffic safety devices provided by a public utility or governmental entity within a public right-of-way:
(1)
The light from any exterior light fixture (the light source and its enclosure, including any reflectors or other devices for the control of light) shall be shaded, shielded, or directed to prevent direct light from being cast beyond an angle of 35° from a vertical plane and to prevent glare or other objectionable problems to surrounding areas. All fixtures shall be deemed as "cut-off" by industry standards.
(2)
Lighting fixtures shall not exceed 16 feet in height. Alternate fixture heights shall be considered for proposed special purpose, parking and roadway lighting. These would include recreational, commercial, residential and industrial uses.
(3)
Except for LED signs and changeable display signs, as addressed in §§ 399-119F and 399-119.1, respectively, no lighting fixture shall have any blinking, flashing, or fluttering lights or other illuminating device which has a changing light intensity, brightness, or color; nor will any beacon lights be permitted.
(4)
Neither the direct nor reflected light from any lighting fixture shall create a disabling glare that would be a potential traffic hazard for motor vehicle operators on public roads.
(5)
Minimum lighting levels in footcandles:
Commercial | Residential | ||
|---|---|---|---|
Pedestrian areas | |||
Sidewalks | 1.0 | 0.3 | |
Pedestrian ways | 2.0 | 0.5 | |
Vehicular road | |||
Collector road | 1.2 | 0.6 | |
Local road | 0.9 | 0.4 | |
Alleys | 0.6 | 0.2 | |
Collector road/local road intersection | 1.5 | 1.0 | |
Parking areas | |||
Self-parking | 2 to 3 | — | |
Attendant parking | 2.0 | — | |
Building areas | |||
Entrances | 5.0 | — | |
General grounds | 1.0 | — | |
(6)
Unless otherwise specified above, proposed lighting facilities shall reflect recommendations for site illumination as published by the Illuminating Engineering Society of North America (IESNA).
(7)
There is a significant variety of well-designed and efficient light fixtures developed by lighting manufacturers. Poles and fixtures should reflect the adjacent architectural building style. This is especially required for fixtures selected to illuminate historic structures and surrounding grounds.
B.
Lighting systems and standards for major outdoor facilities such as athletic fields or stadiums, for which the above standards are inappropriate and unattainable, shall be permitted when approved as a special exception by the Zoning Hearing Board. The applicant shall demonstrate that the proposed lighting system is designed and will be operated to minimize objectionable impacts on other properties; the Board shall be further guided by the standards in § 399-145 of this chapter.
C.
Streetlighting.
(1)
Any use to be located at a street intersection involving a collector or arterial street shall be responsible to provide adequate street lighting to assure safe access to and from the property.
(3)
Proposed street lighting equipment and design shall be reviewed and approved by the public utility providing power.
§ 399-84 Noise standards.
[Amended 6-17-2009 by Ord. No. 06-2009]
A.
Except as noted in Subsection B below, the following shall apply to specified uses and properties within the Township, between the hours of 10:00 p.m. and 6:00 a.m., plus all day Sunday and legal holidays.
(1)
There shall be no nonresidential off-street loading operation.
(2)
There shall be no operation of a vehicle in excess of 8,600 pounds on the property, nor idling of any motor of such vehicle.
(3)
There shall be no outside operation for nonresidential purposes of any powered equipment, mobile refrigeration unit, powered hand tool, fork lift, tractor, or other similar vehicle except for lawn maintenance, snow removal, or emergency services or repairs.
(4)
Other than police, fire, public service, or ambulance operators, no person shall sound any horn, bell, gong, siren, or whistle or make other unnecessarily loud noises except when reasonably required to prevent accidents.
(5)
There shall be no outdoor loudspeakers or similar amplification which may be heard beyond the property line.
B.
Noise. No person shall operate, or cause to be operated on private or public property, any source of continuous sound (any sound which is static, fluctuating or intermittent with a recurrence greater than one time in any fifteen-second interval) in such a manner as to create a sound level which exceeds the limits set forth in the following table when measured at or within the property boundary of the receiving land use.
Receiving Land Use Category | Time | Sound Level Limit (dBA) | |
|---|---|---|---|
Residential, public or open space | 7:00 a.m. to 10:00 p.m. | 70 | |
10:00 p.m. to 7:00 a.m. | 55 | ||
Agricultural or institutional | 7:00 a.m. to 10:00 p.m. | 70 | |
10:00 p.m. to 7:00 a.m. | 55 | ||
Commercial or business | 7:00 a.m. to 10:00 p.m. | 70 | |
10:00 p.m. to 7:00 a.m. | 60 | ||
Industrial | At all times | 70 |
(1)
For any source of sound which emits a pure tone, the maximum sound level limits set forth in the above table shall be reduced by five dBA. For any source of sound which emits an impulsive sound (a sound of short duration, with an abrupt onset and rapid delay and an occurrence of not more than one time in any fifteen-second interval) the excursions of sound pressure level shall not exceed 20 dBA over the ambient sound level, regardless of time of day or night of receiving land use, using the "fast" meter characteristics of a Type II Meter, meeting the ANSI specifications S1.4-1971.
C.
For any proposed or existing use of land in which potential or actual noise impacts need amelioration, the means to ameliorate such impacts shall be proposed by the applicant and reviewed by the Township on a case-by-case basis. The use of berms, existing and installed vegetation, fencing or similar enclosure, etc., shall be considered by the Township and, where deemed suitable, may permit modification or waiver of restrictions in Subsection A above.
D.
When operated within East Brandywine Township, recreational off-road vehicles or all-terrain vehicles must be equipped with equipment meeting manufacturer's specifications for sound dissipative devices such as mufflers, etc., and must meet the operational regulations of Chapter 241, Vehicles, All-Terrain.
E.
No person shall operate or permit to be operated any source of noise in such a manner as to create a sound pressure level which exceeds the limits set forth for the receiving land shown in the table herein when measured at the property boundary, or at other appropriate locations on the receiving property. When a noise source can be identified and its noise measured in more than one land use category, the limits of the most restrictive use shall apply.
F.
All measurement shall be made with a sound level meter which is in conformance with the American Standards Association's specifications. The minimum time period for measuring the stationary source of noise shall be five minutes, and where practical, the microphone of the sound level meter shall be positioned 5 1/2 feet above ground level.
G.
The maximum permissible sound level as listed in the previous table shall not apply to any of the following noise sources:
(1)
Blasting, only if performed in accordance with a permit issued by the Pennsylvania Department of Environmental Protection or other governmental agency having jurisdiction. Such blasting may occur only between the hours of 7:00 a.m. and 5:00 p.m., Monday through Friday, unless specifically authorized at different times by all entities having jurisdiction.
(2)
Emergency work to provide electricity, water or other public utilities, or to restore essential public services, including construction activities directly related to the abatement of an emergency, or providing the utility services.
(3)
Any municipal street maintenance or construction, or similar municipal construction activities.
(4)
Noise made by bells, chimes, carillons or similar devices used for religious purposes or in conjunction with national or local celebrations or public holidays; existing bells, chimes or carillons and clock-strike mechanisms that are currently in use for any purpose.
(5)
Motor vehicle operations provided however that the same shall not exceed the noise levels established in Chapter 157 of Title 67 of the Pennsylvania Code of Regulations, Subchapter B, Established Sound Levels.
(6)
Sound sources typically associated with residential uses (i.e., voices of children at play, air conditioners in good working order, etc.).
(7)
Sound sources associated with property maintenance (i.e., lawn mowers, edgers, blowers or vacuums, swimming pool pumps, power tools, etc.), or domestic power tools.
(8)
Safety, warning and alarm devices, including house and car alarms, and other warning devices that are designed to protect health, safety and welfare, provided such devices are not negligently maintained.
(9)
The normal operation of public and private schools typically consisting of classes and other school-sponsored activities.
(10)
Normal maintenance activities of golf courses such as the operation of lawn mowers, edgers, aerators, blowers and similar equipment, provided such activities take place between the hours of 5:00 a.m. and 9:00 p.m., May through September, and 7:00 a.m. and 6:00 p.m., October through April.
(11)
Emergencies involving the execution of the duties of authorized governmental personnel and others who provide emergency response to the general public, including but not limited to sworn peace officers, emergency fire and medical personnel, utility personnel, and the operation of emergency response vehicles and equipment.
(12)
The emission of sound for the purpose of alerting persons to the existence of an emergency or associated practice drills.
(13)
Construction (i.e., construction, alteration, demolition or repair activities); provided, however, that all construction equipment shall be fitted with factory-installed muffling devices, and that all construction equipment shall be maintained in good working order.
(14)
Sound sources associated with agricultural operations on agricultural land, which are carried out in a manner consistent with the practice and within the standards of the agricultural industry. This includes, without limitation, all mechanical devices, apparatus or equipment utilized for the protection or salvage of agricultural crops during periods of adverse weather conditions or when the use of mobile sources is necessary for pest control.
(15)
Public celebrations specifically authorized by the Township.
(16)
Sound sources associated with legal nonconforming and/or existing permitted commercial, industrial or nonprofit operations, which do not significantly change existing on-site activities, or result in a change in the number of days or daily hours of operation.
(17)
Gunfire occurring while hunting consistent with all state laws on private property.
(18)
Receiving land shall not include space within a building in which the noise originated.
H.
Temporary permits. The Board of Supervisors may grant temporary permits allowing an operation or action that causes sound in excess of the maximum sound levels permitted herein.
(1)
Upon receipt of a completed application, the Board of Supervisors shall make a determination based upon the following criteria:
(a)
The temporary operation will not severely jeopardize the health, safety and welfare of any other person or entity.
(b)
The denial of said permit will not cause undue hardship to the applicant, community or other person or entity.
(c)
The operation or action will not have an adverse effect on adjacent landowners.
(d)
The operation or action will not exceed 14 days.
(e)
In approving the application, the Board of Supervisors may impose reasonable conditions and restrictions as they deems necessary.
(2)
Any person or entity seeking a permit pursuant to this section shall make written application to East Brandywine Township on forms provided by the Township. Said application shall contain the following information:
(a)
Name, address telephone number and e-mail address (if any) of the applicant.
(b)
Location of the proposed operation or activity.
(c)
The nature of the proposed activity or operation.
(d)
The estimated levels of sound to be generated by the proposed activity or operation.
(e)
The hours or duration of the proposed activity or operation.
(f)
An explanation of the reason bringing the proposed activity or operation into compliance with this regulation would impose an unreasonable hardship on the applicant, the community or any other person or entity.
(3)
The Board of Supervisors shall, within 30 days of the date of the submission of a complete application, make a determination on the approval or disapproval of the application. The applicant shall be notified of the date, time and place of the public meeting where this application shall be considered. Notice to the applicant shall be by first class mail, e-mail or facsimile not less than five days prior to the public meeting. Said decision shall be made at a public meeting of the Board of Supervisors. The final decision shall be communicated to the applicant in writing within five business days of the public meeting.
(4)
Approval of the application shall be provided in writing, and shall include any conditions or restrictions imposed by the Board of Supervisors.
(5)
The permit issued pursuant to the approval shall not be effective until all conditions imposed by the Board of Supervisors have been met. Noncompliance with any conditions imposed by the Board of Supervisors shall cause an automatic revocation of the permit and thereafter any operation or activity shall be in compliance with the regulations shown herein.
(6)
In making application for a permit pursuant to this section, the applicant agrees to indemnify and hold harmless East Brandywine Township from any and all liability arising with the proposed operation or activity.
§ 399-85 Keeping of animals.
A.
In conjunction with agriculture.
[Amended 11-15-2000; 10-19-2005 by Ord. No. 4-2005]
(1)
Except as stipulated in Subsection A(2) below, livestock and other animals utilized as part of an agricultural operation may be kept without numerical limit, so long as the property on which they are kept has a gross lot area of not less than 20 acres.
(2)
The operation of any feed lot or pig farm, or the keeping of pigs or swine, shall be permitted so long as the property has a gross lot area of not less than 50 acres. In addition, no such activities shall be conducted closer than 200 feet from any property line, and the area devoted to such uses shall be completely enclosed by fencing.
(3)
No animals of any kind shall be kept in any structure or elsewhere on the premises in a manner likely to cause excessive noise, unhealthy or unsanitary conditions, pollution of groundwater or surface water, or pollution of stormwater runoff leaving the property.
(4)
Permanent shelter shall be provided for all animals. Such shelter shall be of sufficient size for good sanitation practices and shall be equipped with adequate facilities for food, water, and manure removal and handling for the number and type(s) of animals kept.
(5)
A fenced or otherwise enclosed outside area shall be provided which is capable of containing the animals kept and which is of sufficient size and properly located for good sanitations purposes. Materials used for fencing shall be maintained so as to prevent straying.
B.
Small-scale keeping of livestock. Small-scale keeping of livestock shall be practiced only in accordance with the terms of this section.
[Amended 11-15-2000; 10-19-2005 by Ord. No. 4-2005]
(1)
Maximum gross lot area. Small-scale keeping of livestock may be practiced in accordance with the terms of this section on any lot with a gross area of less than 20 acres. On lots with a gross area of 20 acres or more, the keeping of livestock shall be regulated as an agricultural use under the terms of this chapter.
(2)
Minimum lot area. Any lot on which small-scale keeping of livestock is to be practiced shall have a minimum gross and net lot area of one acre. Further, such lot shall contain a minimum of one acre of land, exclusive of buildings and impervious surfaces, for each animal unit that is housed or pastured on the lot. The land designated as qualifying acreage for each animal unit shall be used exclusively for the animal(s) of the small-scale livestock use proposed, and such open area shall be covered and maintained entirely in natural vegetation.
(3)
Minimum setbacks from property lines. All buildings and structures housing animals, and any buildings or structures accessory or appurtenant to the small-scale livestock use shall be located a minimum of 35 feet from all property lines, or shall comply with the setback required for the zoning district in which the property is located, whichever is greater. A minimum setback of 100 feet shall be provided between all property lines, existing street right-of-way lines, any wetland or watercourse, and any area or structure used for the storage of animal waste.
(4)
Required fencing. All animals shall be kept within a fenced enclosure at all times when said animals are not leashed, haltered, or bridled and under the direct control of the owner or an authorized agent of the owner of the animals. Such fencing shall be located not less than five feet from any property line.
(5)
Height limits. The height limits for residential buildings in the zoning district in which the property is located shall apply to all buildings and structures used for small-scale keeping of livestock and not otherwise exempted.
(6)
Wetlands and watercourses. No animal shall have direct access to a jurisdictional wetland, watercourse, spring, or well on the lot on which the small-scale livestock use is located. Stabilized stream-crossing areas designed and constructed as such shall be exempted from this requirement.
(7)
Outdoor storage. The provisions of this chapter governing outdoor storage shall apply, except that animal bedding material may be stored a minimum of 35 feet from any property line, existing street right-of-way line, wetland, or watercourse.
(8)
Nuisances. The small-scale keeping of livestock shall not constitute a nuisance with regard to noise, odor, vectors, dust, vibration, running at large, or other nuisance effects beyond the property lines of the property on which the use is located.
C.
Kennels. As defined by this chapter, a kennel shall be permitted only when in compliance with the following standards:
(1)
The lot shall have a gross area not less than 15 acres.
[Amended 11-15-2000]
(2)
Any area in which dogs are kept, sheltered, or exercised shall be located not less than 500 feet from any property line.
(3)
There shall be sufficient facilities to enable the dogs to be sheltered indoors. Such facilities shall be the required location of the dogs during the hours of 10:00 p.m. to 6:00 a.m.
[Amended 5-2-2013 by Ord. No. 03-2013]
(4)
Sound-baffling devices or other appropriate noise-control measures shall be installed in or on any building or shelter housing dogs to protect adjacent properties from noise problems.
[Amended 5-2-2013 by Ord. No. 03-2013]
(5)
Fencing shall be installed in a manner that prevents dogs from leaving the property.
D.
Keeping of small domestic animals. The raising or keeping of small animals on lots of less than 20 acres shall be permitted, provided the following standards are met:
[Amended 10-19-2005 by Ord. No. 4-2005]
(1)
"Small animals" refer to those kept in a hutch or similar animal house, including but not limited to rabbits, chickens, and ducks. Such animals shall not include any exotic, wild, and/or dangerous animal, including but not limited to those designated and regulated as such by the Pennsylvania Game Commission or other federal or state law.
[Amended 4-19-2006 by Ord. No. 01-2006]
(2)
Any lot on which the raising or keeping of small animals is to be practiced shall have a minimum gross and net lot area of one acre.
(3)
The total number of small animals shall not exceed one per each 1/5 acre of lot area.
(4)
Fencing or an enclosed animal house structure shall be installed. An animal house structure shall comply with the setback requirements for accessory structures in the applicable base zoning district.
(5)
Household pets which generally are kept within a dwelling unit, including but not limited to dogs, cats, hamsters, and birds, shall not exceed 10 such animals on the property. In addition, no lot shall contain more than six cats; more than four dogs, except that puppies from a litter born on the property shall not be included in this limit until four months following birth. The keeping of such household pets shall not be subject to the terms of Subsection D(1) through (4), above.
(6)
Where more than four dogs are being bred and raised commercially for resale; or being kept during the day or boarded overnight for another owner for commercial purposes; or being kept on a temporary basis for humane purposes as part of a noncommercial shelter or rescue program, such operation shall be considered a kennel, as defined and regulated by this chapter.
[Amended 5-2-2013 by Ord. No. 03-2013]
§ 399-86 Groundwater supply and protection.
B.
For any nonresidential use that does not involve approval as a subdivision or land development, including in particular any individual commercial structure or water-related outdoor recreation use that utilizes on-site water, the following shall apply:
(2)
The Zoning Officer may, as a prerequisite to the issuance of a building permit or use and occupancy permit, advise the Board to require of the applicant additional information on the adequacy of the proposed water source, and the potential impacts of the proposed groundwater removal on any wells relied upon by neighboring properties.
C.
For any use authorized under the terms of this chapter, stormwater shall be managed in compliance with Chapter 345, Stormwater Management. Emphasis shall be on retention and infiltration of stormwater on site, unless this is deemed by the Township to be clearly impractical or inappropriate in relation to site conditions.
[Amended 2-18-2015 by Ord. No. 01-2015]
D.
Where a permit is required for any aspect of the water supply system from the Delaware River Basin Commission (including regulations governing well withdrawal of 10,000 or more gallons per day, as they may be amended), the Chester County Health Department, or any other agency, such permit shall be a prerequisite to the issuance of a building permit or use and occupancy permit.
E.
Any of the following facilities may be installed, and any of the activities undertaken, in conjunction with any nonresidential use authorized under the terms of this chapter, only upon demonstration by the applicant that all reasonable measures will be taken to minimize the adverse impacts of the proposed action on the Township's groundwater resources. To minimize shall not mean to eliminate, but to make the most substantial effort possible under the circumstances to reduce the adverse effect of the action required to be minimized.
(1)
The below ground storage of heating oil, gasoline, chemical solutions or other substances which, if released, would constitute pollutants to groundwater. If warranted, as determined by the Township, the applicant may be required to place tank(s) in a concrete vault, install other impervious liners, and/or install monitoring devices. The applicant shall also demonstrate compliance with all applicable regulations of the Pennsylvania State Police, Fire Marshal Division.
(2)
The use of fill containing any material which would represent a potential contamination hazard to groundwater. Materials shall include, but need not be limited to, wastes identified as hazardous by the Pennsylvania Department of Environmental Protection.
(3)
Storage, handling, processing, or disposal of toxic materials or any other substance with the potential to contaminate groundwater. The applicant shall also demonstrate compliance with Chapter 75 of the Rules and Regulations of the Pennsylvania Department of Environmental Protection and with the Resource Conservation and Recovery Act of 1976 (P.L. 94-580, as amended).[1]
[1]
Editor's Note: See 42 U.S.C. § 6901 et seq.
(4)
Land grading or construction of buildings or other site improvements which would directly or indirectly diminish the flow of natural springs. If warranted, as determined by the Township, water table data from observation wells shall be provided by the applicant.
F.
Any existing or proposed underground storage tank shall comply with the requirements of the 1984 Hazardous and Solid Waste Amendments to the Resource Conservation and Recovery Act, unless specifically exempted thereunder. Any applicant shall present documentation of his compliance with the notification and design/construction requirements of the Act and any regulations promulgated by the United States Environmental Protection Agency, and documentation of approval by that Agency.
§ 399-87 Environmental performance standards.
A.
The use of any land or structure within the Township, other than for agricultural purposes, shall be conducted in such a way that it:
(1)
Emits no noxious, toxic, or corrosive fumes or gases.
(2)
Emits no odors perceptible at the lot boundary. Any process which may involve the creation or emission of any odors shall be provided with a secondary safeguard system so that control will be maintained if the primary safeguard system fails.
(3)
Emits no smoke or fumes of sufficient density to obscure sunlight.
(4)
Discharges into the air no dust or other particulate matter.
(5)
Produces no heat or glare perceptible at or beyond the lot boundary.
(6)
Produces no physical vibration perceptible at or beyond the lot boundary.
(7)
Produces no electromagnetic radiation or radioactive emission injurious to human beings, animals, or vegetation. Electromagnetic radiation or radioactive emissions shall not be of an intensity that interferes with the use of any other property.
(8)
Does not engage in the production or storage of any material designed for use as an explosive, or which in any way creates any other danger to the safety of the surrounding area.
(9)
Conforms to applicable regulations of the Pennsylvania Department of Environmental Protection and the Chester County Health Department regarding the treatment and disposal of industrial or sanitary wastes.
B.
All utilities shall be installed below ground.