Convenience commercial center for the retail sale of food, beverages, personal care items, and similar goods;

Leasing or rental of vehicles, trailers, or similar equipment;

Car-washing.

No automobile service station shall contain self-service islands or pumps at which customers dispense gasoline or other flammable liquids unless an attendant, trained in the dispensing of such liquids, is on duty and in position to observe the self-service areas and to assist as necessary.

The standards of this § 399-90 shall not be applicable to the development and operation of nonretail, membership-only gasoline stations. Such facilities shall comply with the applicable standards of Article X of this chapter.

There shall not be more than one accessory dwelling unit created on any single-family residential lot.

An accessory dwelling may be occupied by not more than two persons. A single occupant or, in the case of two occupants, one of the two, must be related by blood, marriage, or adoption to the owner of the principal residence.

One of the two dwelling units shall be occupied by the owner of the lot on which both proposed dwelling units are to be located.

The floor area of an accessory dwelling unit shall not be less than 500 square feet and shall not be more than 800 square feet.

Where an accessory dwelling is proposed to be located within a primary single-family dwelling, the property must have minimum gross and net lot areas not less than those required for a single-family detached dwelling in the zoning district in which it is located.

Where an accessory dwelling is proposed to be located within an accessory structure, such structure must comply with the following standards:

Changes to existing structures.

Where a community sewage system is available to serve the property, the accessory dwelling shall be connected to and served by such system. Where a community sewage system is not available, the applicant shall submit to the Township a permit issued by the Chester County Health Department for an on-site sewage disposal system. Such permit shall certify that the sewage disposal facilities are adequate for the projected number of residents. Where the existing on-site system is found by the Health Department to be inadequate to serve the projected demand, no approval shall be given for the accessory dwelling until the system is improved to meet the Health Department requirements and a permit is issued by the Department.

One off-street parking space shall be required for the accessory dwelling unit, in addition to those utilized by the principal dwelling. The additional parking space shall not be located within any required yard area. The Zoning Hearing Board, in its consideration of a special exception, may waive or modify this provision upon evidence from the applicant that the occupant or occupants of the accessory dwelling unit will not generate the need for an additional parking space.

To ensure compliance with this chapter, an architectural plan shall be submitted as part of the application for special exception, accurately drawn to scale, indicating the location and size of the existing and proposed dwelling units and parking areas, and any proposed exterior alterations.

Upon the approval by the Zoning Hearing Board of a special exception, the applicant shall execute, acknowledge and deliver to the Recorder of Deeds for Chester County for recording, a memorandum of the decision of the Zoning Hearing Board. Such memorandum shall be in a form approved by the Township, and shall contain the following: the name of the owner(s), and street address (as the same appears on the tax records); the current deed reference and tax parcel of the subject property; any conditions or restrictions imposed by the decision of the Zoning Hearing Board; a statement that such conditions are intended to be a covenant running with the land. A true and correct copy of such memorandum stamped by the Recorder of Deeds shall be filed with the Township prior to the issuance of a certificate of use and occupancy.

A use and occupancy permit shall be required prior to the occupancy of an accessory dwelling unit. The permit form, as provided by the Township, and accompanying required fee shall be submitted by the property owner. An application to renew the permit shall be submitted annually prior to the intended continuation of occupancy. It shall be unlawful for the accessory dwelling unit to be occupied beyond the operative period of a permit. The accessory dwelling unit shall be subject to inspection by the Zoning Officer prior to issuance of the initial use and occupancy permit and then at least once every three years thereafter while the dwelling unit is occupied, on or about the date of initial occupancy. The Zoning Officer shall also inspect the accessory dwelling unit whenever there is a change in ownership of the property. Whenever there is a change in occupancy of the accessory dwelling unit, an inspection of the dwelling unit and issuance of a use and occupancy permit must precede the new occupant residing in the dwelling unit.

There shall be no more than one accessory dwelling unit created on any single-family residential lot.

The accessory dwelling shall be located within the existing single-family detached dwelling and shall not be located in an accessory structure.

The accessory dwelling may be occupied by not more than two persons. A single occupant, or, in the case of two occupants, one of the two, must be related by blood, marriage, or adoption to the owner of the principal residence.

One of the two dwelling units shall be occupied by the owner of the single-family dwelling in which the accessory dwelling unit is to be created.

The minimum floor area of the accessory dwelling unit shall not be less than 500 square feet.

Changes to the existing single-family dwelling.

The accessory dwelling unit shall be connected to and served by a community sewage system.

A use and occupancy permit shall be required prior to the occupancy of the accessory dwelling unit. The permit form, as provided by the Township, and accompanying required fee shall be submitted by the property owner. An application to renew the permit shall be submitted annually prior to the intended continuation of occupancy. It shall be unlawful for the accessory dwelling unit to be occupied beyond the operative period of the permit. The accessory dwelling unit shall be subject to inspection by the Zoning Officer prior to issuance of the initial use and occupancy permit, and then at least once every three years thereafter while the dwelling unit is occupied, on or about the date of initial occupancy.

Greenhouse.

Display and sale of farm products, in accordance with the following:

Keeping, breeding, and management of livestock and poultry, in accordance with § 399-85 of this chapter.

Tenant house, in accordance with the standards and conditions in § 399-97G of this chapter.

Private garage, private parking space, barn.

Private stable or other shelter for animals (but not including kennel), in accordance with the terms of § 399-85 of this chapter.

Private greenhouse, garden shed.

The renting of rooms within the dwelling in which the lessor resides, or in a building accessory thereto, to not more than two nontransient persons, with or without the provision of table board for such persons.

Home occupation, in accordance with § 399-93 of this chapter.

No-impact home occupation, as defined in § 399-9, and where permitted by right under the terms of the base zoning districts; or

Major home occupation, as defined in § 399-9, and where permitted as a conditional use under the terms of the base zoning districts.

The business activity shall be compatible with the residential use of the property and surrounding residential uses.

The exterior appearance of the structure or premises must be maintained as a residential property. No exterior evidence of the activity in the form of lighting or the display, inventorying, or stockpiling of goods, shall be visible. One sign, no larger than two square feet in area and consistent in all other respects with Article XVI of this chapter, shall be permitted for any home occupation.

No retail sales shall be conducted, with the exception of:

The practice of a home occupation shall be permitted, provided that the principal practitioner is a resident of the dwelling unit.

No more than two persons not residing in such dwelling unit shall be employed at any given time by the practitioner of the occupation.

The activity may be conducted only within the principal dwelling unit and may not occupy more than 25% of the habitable floor area of the dwelling unit or 500 square feet, whichever is less.

The activity shall not require the delivery of materials and goods by trucks larger than standard panel trucks equipped with not more than one rear axle.

The activity may not use any equipment or process that creates noise, vibration, glare, fumes, odors, or electrical or electronic interference, including interference with radio or television reception, that is detectable in the neighborhood.

The activity may not generate any solid waste or sewage discharge in volume or type that is not normally associated with residential use in the neighborhood.

There shall be no customer or client traffic, whether vehicular or pedestrian, and no pickup, delivery, or removal functions to or from the premises, in excess of those normally associated with residential use.

All home occupations shall comply with the environmental performance standards contained in § 399-87 of this chapter.

The resident practitioner shall demonstrate that adequate off-street parking shall be provided for both the home occupation and the dwelling unit. In no event shall the parking spaces provided be less than two for the dwelling unit and one for each nonresident employee. Any parking space designed to serve the home occupation shall not be located within any required minimum front yard area.

There shall be no more than one home occupation per dwelling unit.

Any dwelling unit in which a home occupation is conducted shall have its own direct access to ground level.

The resident practitioner of any home occupation shall provide the Township with the names of all individuals employed by the business constituting the home occupation, and shall report all additions or deletions among those so employed as they occur.

Prior to initiating the operation of a home occupation, the resident practitioner shall be required to obtain a permit from the Township and pay a fee in an amount as established by resolution of the Board of Supervisors. The Township may conduct an inspection of the premises as part of the review of the permit application. Such permit must be renewed every two years for continued operation of the home occupation, but no additional fee or inspection shall be required.

Dressmaking, sewing, tailoring;

Painting, sculpting, writing, music, or filmmaking;

Telephone answering, typing, bookkeeping;

Home crafts, such as model making, rug weaving, pottery, jewelry making, cabinetmaking;

Home cooking and catering, provided all food is catered off-premises;

Computer programming that involves services to outside clients;

Tutoring, limited to not more than two students at one time; tutoring of more than two students shall be considered a major home occupation as per Subsection E below;

Beautician or barber services by appointment only, limited to not more than two clients at one time; more than two clients shall be considered a major home occupation as per Subsection E below;

Professions such as architect, planner, engineer, financial consultant;

Any occupation that the Zoning Officer deems comparable to the above in terms of scale and impact.

Animal hospital;

Dancing studio;

Mortuary;

Private club;

Auto repair and painting, and other repair work of similar scale and impact;

Restaurant;

Kennel, commercial stable, or riding academy or training center.

Any other use that is not listed as a no-impact home occupation in Subsection C or a major home occupation in Subsection E.

Purpose. The purpose of the standards in this section is to provide opportunity for certain home occupation uses that do not comply fully with the criteria in Subsection B for no-impact home occupations permitted by right, primarily due to the nature of the proposed use. It is the intent of this section to assure that any such home occupation is:

Except as otherwise specifically governed by the standards contained in this Subsection E, any applicant seeking approval of a home occupation as a conditional use shall comply with the standards in Subsection B.

If the resident conducting the home occupation is a tenant and not the owner of the property, the owner shall be party to the application for conditional use approval.

A home occupation approved under the terms of this section may be located only within a single-family detached dwelling or within an accessory building located on the same lot as a single-family detached dwelling.

Where a home occupation is conducted, in whole or in part, within an accessory building on the property, the total floor area devoted to the home occupation shall not exceed 25% of the floor area of the single-family detached dwelling or 600 square feet, whichever is less.

The Board of Supervisors may, as a condition of approval, require buffering or screening treatment along specific property lines where it determines that the proposed conditional use will create off-site impacts in the form of noise, glare, proximity of use or associated parking area to neighboring properties, or other conditions directly related to public health, safety, or welfare. In no case shall a major home occupation be permitted on a lot with a gross lot area less than 15,000 square feet.

Major home occupations shall be limited to those occupations customarily conducted within a single-family detached dwelling or a building accessory to a single-family detached dwelling. Major home occupations shall include, but not be limited to, the following activities:

Off-street parking.

The applicant shall document, and the Board shall specifically evaluate, the amount of customer, client, and/or patient traffic anticipated to be generated by the proposed home occupation use. The level of such traffic may be greater than that associated with a no-impact home occupation, but shall not exceed an amount that, as determined by the Board, will disrupt the residential character of the neighborhood in which the property is located.

An inn or similar lodging shall contain a maximum of 15 rooms, with each room to be occupied by no more than two adult persons.

In addition to the plan submission requirements of § 399-42, any proposal for new construction as an inn shall demonstrate its compatibility with the character of the existing neighborhood and building facades.

A bed-and-breakfast facility shall be permitted only in single-family detached, owner-occupied dwellings.

The principal use of the property shall remain that of a single-family residential dwelling.

No more than three guest rooms may be offered on any individual residential property.

There shall be provided one full bathroom (one toilet, wash basin, bath and/or shower) for each two guest rooms.

Length of stay shall not be more than seven uninterrupted days for any guest.

Meals shall consist of breakfast only, and only for guests of the establishment. Owners shall comply with all federal, state, and local requirements for the preparation, handling, and serving of food.

Any amenities (swimming pool, tennis court, etc.) shall be solely for the use of the resident owner and occupants of the bed-and-breakfast facility.

The owner shall maintain a current guest register.

Area and bulk standards shall be those that apply to single-family detached dwellings within the applicable zoning district.

One on-site parking space shall be provided per guest room, and shall not be located in any required yard area.

One sign shall be permitted in association with a bed-and-breakfast operation. Any such sign shall comply with the standards for home occupation signs contained in § 399-93A(9) of this chapter.

Each bed-and-breakfast facility shall be equipped, at minimum, with smoke detectors and fire extinguishers in accordance with the requirements of the Pennsylvania Department of Labor and Industry and with the stipulations of the Township Fire Code. Guests shall be provided information regarding the floor plan of the dwelling and the location of emergency exits.

No permit for a bed-and-breakfast facility will be issued by the Zoning Officer unless the applicant furnishes written approval from the Chester County Health Department concerning the adequacy of the on-site sewage system to serve the increased demand resulting from the bed-and-breakfast facility.

Site and architectural plans for the conversion of said dwelling shall be submitted to the Zoning Hearing Board. Where two or more families are to be housed above the ground floor, such plans shall bear the approval of the Pennsylvania Department of Labor and Industry as required by law.

Such plans shall provide adequate and suitable parking space for a minimum of two vehicles per proposed dwelling unit. Not more than 50% of any required minimum yard area shall be utilized for such parking.

Such dwellings(s) shall be subject to the height, width, yard, and other applicable regulations effective in the zoning district where the existing single-family structure is located. Minimum required gross lot area for the structure, following conversion, shall be calculated as follows:

There shall be no external alteration of the building except as may be necessary for reasons of safety. Fire escapes and outside stairways shall, where practicable, be located to the rear of the building.

Any new dwelling unit resulting from conversion shall have a minimum floor area of not less than 950 square feet.

Regardless of the size of the existing structure, the total number of dwelling units following conversion shall not exceed five.

Except where a community sewage system is available, the applicant shall submit to the Township a permit for an on-site sewage disposal system issued by the Chester County Health Department, certifying that the proposed sewage disposal facilities are adequate for the projected number of residents.

The Zoning Hearing Board may specify the maximum number of dwelling units to be created within any such structure, and may prescribe such further conditions and restrictions with respect to the conversion and use of such dwelling, and to the use of the lot, as the Board may consider appropriate.

Site and architectural plans for the conversion of a single-family dwelling shall be submitted to the Zoning Officer as part of an application for a building permit. Where two or more families are to be housed above the ground floor, such plans shall bear the approval of the Pennsylvania Department of Labor and Industry as required by law.

Such plans shall provide adequate and suitable parking space for a minimum of one vehicle per proposed dwelling unit.

The converted residential structure and lot shall comply with the applicable area and bulk regulations for single-family dwellings in the zoning district in which they are located, except that the required minimum gross lot area shall be 50% of the product of the minimum gross lot area required for a single-family detached dwelling times the number of dwelling units (existing and proposed) to be contained in the converted structure.

There shall be no external alteration of the building except as may be necessary for reasons of health or safety. Fire escapes and outside stairways shall, unless clearly impracticable, be located to the rear of the building.

Any new dwelling unit resulting from conversion shall have a minimum floor area of 800 square feet.

Regardless of the size of the existing structure and lot, the total number of dwelling units following conversion shall not exceed five.

All dwelling units within the converted structure shall be connected to and served by a community sewage system.

Minimum lot width at street line: 300 feet.

Minimum setback from all lot lines: 100 feet.

Minimum separation from any residential structures on the same lot: 100 feet.

Runoff from agricultural buildings and other impervious surfaces shall be directed around areas where manure is stored or otherwise concentrated.

The property shall be graded or otherwise managed so that runoff as described in Subsection F(1) above, shall be confined to the lot.

The storage and disposal of manure shall be prohibited in areas where continuous or intermittent contact occurs between the material and the groundwater table.

Storage areas for manure shall be a minimum of 100 feet from any water supply source and, whenever feasible, shall be located downhill from it; such storage areas also shall be located a minimum of 100 feet from any lake or stream.

There shall be an eight-foot grass strip between any road cartway and any area that is plowed or tilled; the Board of Supervisors may modify or require additional measures where topography or other conditions so dictate.

On a property being used for agricultural purposes which is 10 acres or greater in size, one tenant house shall be permissible in addition to the primary residence on the property, so long as the following conditions are complied with:

The opportunity for placement of a tenant house in accordance with this section shall be in addition to any other applicable provisions of this chapter.

No temporary structure, whether fixed or mobile in nature, shall be established for any dwelling purpose for any length of time unless approved as a special exception by the Zoning Hearing Board. Such approval shall be granted only where the applicant demonstrates that a permanent use, in compliance with the applicable terms of this chapter, is being pursued with due diligence and that the temporary dwelling will be utilized for the minimum practical time period and removed immediately upon the expiration of that period. The maximum allowable time period for keeping a temporary dwelling unit on the property shall be six months, unless the Zoning Hearing Board shall, upon further request of the applicant, grant one extension of that period for a maximum of six additional months.

A use and occupancy permit shall be required prior to the utilization of any such temporary dwelling unit, and shall be issued only in accordance with the above stipulations. The temporary dwelling unit shall further comply with all applicable area and bulk standards for the zoning district in which it is to be situated.

Temporary structures, located on a tract undergoing development, that are utilized for construction management purposes may, while serving that function, remain on the tract only during active development of the property. Removal shall occur immediately upon completion of the development process. Sales trailers may be located on such a tract only during active development of the property, but shall be removed no later than one year following the start of construction. No extension of this time limit shall be permissible, except upon the grant of a special exception from the Zoning Hearing Board.

A use and occupancy permit shall be required prior to the utilization of any such temporary structure, and shall be issued only in accordance with the above stipulations. The temporary structure shall further comply with all applicable area and bulk standards for the zoning district in which it is to be situated.

The proposed helistop will not be detrimental to the health, welfare, and safety of Township residents and their property. In particular, where the proposed helistop is to be located on a property that abuts property used or zoned for residential purposes, the Board, in granting a conditional use approval, may impose additional conditions upon the placement and operation of the proposed helistop, including but not limited to setback from the residential boundary, hours of operation, flight patterns, specific noise mitigation, etc., that would be intended to minimize off-site impacts of the proposed helistop.

The landing pad must be at least 60 feet square or a circle with a sixty-foot diameter. This pad must be paved and level.

There must be a four-foot fence around the helistop, except for those helistops on a rooftop. The fence shall be located so as not to obstruct the glide angle of a helicopter using the helistop.

At least two approach lanes to each landing pad shall be provided and maintained free of obstructions, and shall be located not less than 90º apart. Each approach lane shall be located within 45º left or right of the prevailing winds and shall fan out at an angle of 10º from the width of the landing pad to a width of 1,000 feet, and shall have a glide angle slope of eight to one measured from the outer edge of the pad. Approach lanes shall be located entirely within the property on which the helistop is to be situated, unless the Board is satisfied with arrangements reached between the applicant and adjacent property owners that assure that any portion of an approach lane beyond the applicant's property will be permanently maintained free of obstructions. Such agreement shall be secured by easement or deed restriction, and shall be so noted on any recorded plan.

Clear areas for emergency landings of the helicopter in the event of mechanical failure shall be available. These emergency landing areas shall be located within the normal glide range of the helicopter with one engine off when operating in the approved takeoff or landing lane from the helistop.

An application for a helistop on a roof shall be accompanied by a certification by a registered engineer that the loads imposed by the helicopter will be supported by the structure.

The helistop shall be used only for personal or executive use by a firm or individual.

In conjunction with a special event such as an athletic contest, a holiday celebration, or similar activity, after 30 days' advance notice has been given to the Zoning Officer and permission obtained from the Board of Supervisors to make such landing and takeoff.

When necessary for law enforcement or other governmental purposes, and for emergencies.

Upon 48 hours' prior notice to the Zoning Officer, in connection with a construction project where a helicopter is to be used to lift equipment related to such project.

Ultralight vehicles shall be operated only in accordance with Federal Aviation Regulations, Part 103.

Landing and takeoff facilities for ultralight vehicles shall be confined to the property of the owner/operator of such vehicle to facilitate private, personal use, and shall be utilized by not more than two such vehicles.

Any facility for landing and takeoff should be in compliance with the Pennsylvania Laws Relating to Aviation (Title 74, Part III of the Pennsylvania Consolidated Statutes).[1]

The purpose of this chapter is to establish uniform standards for the siting, design, permitting, maintenance, and use of wireless communications facilities in East Brandywine Township (referred to herein as the "Township"). While the Township recognizes the importance of wireless communications facilities in providing high-quality communications service to its residents and businesses, the Township also recognizes that it has an obligation to protect public safety and to minimize the adverse visual effects of such facilities through the standards set forth in the following provisions.

By enacting these provisions, the Township intends to:

Regulations applicable to all non-tower WCFs located within the Township.

Regulations applicable to all non-tower WCF that do not substantially change the physical dimensions of the wireless support structure to which they are attached.

Regulations applicable to all non-tower wireless communications facilities that do substantially change the wireless support structure to which they are attached:

Regulations applicable to non-tower WCF located outside the public rights-of-way that do substantially change the wireless support structure to which they are attached.

Additional regulations applicable to all non-tower WCFs located in the public right-of-way.

Regulations applicable to all tower-based wireless communications facilities in the Township.

Regulations applicable to tower-based wireless communications facilities located outside the public rights-of-way.

Regulations applicable to tower-based wireless communications facilities located in the public rights-of-way.

Tower-based WCFs may be permitted upon public lands owned by the Township, regardless of the provisions of the underlying zoning districts, when approved by conditional use by the Board pursuant to the conditional use procedures and standards contained herein and subject to the following additional criteria:

Non-tower WCFs may also be permitted upon public lands owned by the Township, regardless of the underlying zoning district, subject to those regulations and restrictions as set forth in the preceding sections governing all non-tower WCFs and subject to the following additional criteria:

Food and beverage shall not be consumed within the parking area or any other exterior portion of the site.

Trash disposal shall be managed to prevent any problem of littering on or off the site. There shall be no dumpster or similar large-scale outdoor trash receptacle on the property.

Noise and lighting shall be controlled to avoid any impact on nearby residential properties.

Outside loud speakers shall be audible only to persons in the immediate vicinity of the fueling positions.

That long-term production of forest crops and benefits are encouraged;

That the right to harvest trees is exercised with due regard for the protection of the physical property of adjacent landowners;

That the potential for negative environmental impacts resulting from improper logging operations is minimized and sound forest stewardship is practiced; and

That unreasonable and unnecessary restrictions of the right to undertake logging operations are avoided.

The provisions and requirements of this section shall apply to any logging operation, as defined by this chapter, where the harvest area in which the logging operation will occur occupies one acre or more of land within East Brandywine Township.

A zoning permit in accordance with the terms of this section shall be required for all logging operations, except as noted in Subsection B(4) below.

It is not the intent of this section to regulate timber harvest for home use, normal property maintenance and upkeep, or in conjunction with a land use change.

The following operations are specifically exempt from the requirement to obtain a zoning permit:

It shall be the responsibility of each landowner on whose land a logging operation is to be carried out to develop or have developed a written forestry/logging plan, in form and content as specified by this section, and to submit such plan to the Zoning Officer as part of the application for a zoning permit. No logging operation shall occur until the plan has been reviewed and approved by the Township. The landowner and the operator shall be jointly and severally responsible for complying with the terms of the logging plan. The plan shall be available at the harvest site at all times during the logging operation and shall be provided to the Zoning Officer upon request.

For any logging operation, the landowner shall notify the Zoning Officer at least 10 business days prior to commencement of the operation and within five business days of completion of the operation. Notification shall be in writing and shall specify the land on which the operation will occur and the anticipated starting or completion dates of the operation.

Each forestry/logging plan for a logging operation within East Brandywine Township shall be prepared by an individual with professional forester qualifications.

Any logging plan shall, at minimum, include the following:

Felling or skidding on or across any public road is prohibited without the express written consent of the Township or the Pennsylvania Department of Transportation, whichever party is responsible for maintenance of the road.

Clear-cutting, as defined by Chapter 300, shall not be permitted as part of any logging operation.

There shall be no logging permitted on any land with a slope of 25% or greater.

No tree shall be felled across a property line without the consent of the adjoining landowner.

Litter resulting from any logging operation shall be cleaned up and removed from the site before it is vacated by the operator.

Upon completion of the cutting and removal of trees from the site, all remaining tops and slash shall be removed from the site. The forestry/logging plan shall detail the means by which this will be accomplished. Reducing all tops and slash to wood chips which are evenly distributed across the subject site shall qualify as having removed all materials. It shall be the equal responsibility of the logging operator and the property owner to accomplish the removal of remaining tops and slash. In the event such removal is not satisfactorily accomplished, the Township may, as it deems necessary and appropriate, undertake and complete such removal and collect the cost of same from the property owner by civil action, including actions as authorized under the Municipal Liens Law.

There shall be no logging permitted on any land within 50 feet of a public roadway or property line. Tops, slash or other debris shall not be permitted within this zone.

Responsibility for road maintenance and repair; road bonding. Pursuant to Title 75, Pennsylvania Consolidated Statutes, Chapter 49; and Title 67 Pa. Code Chapter 189, the landowner and the operator shall be responsible for repairing damage to Township roads caused by traffic associated with the timber harvesting operation to the extent the damage is in excess of that caused by normal traffic. The applicant shall execute an agreement requiring the applicant to maintain, repair, and/or replace any public road permitted for use under this section. The applicant must provide financial security to insure compliance. The financial security may consist of a funded escrow account or letter of credit, subject to the review and approval of the Township Solicitor. The Township Engineer may inspect the public road and require additional financial security in the event the Township Engineer determines that the amount of financial security is insufficient to maintain and/or restore the public road. The applicant must cease use of and/or access to the public road upon the Township's written notice that such damage and/or potential damage exists and/or the applicant fails to provide adequate financial security, which the Township Engineer then determines is inadequate. The applicant agrees to pay and provide sufficient financial security to insure payment of all inspections and/or professional consultant fees necessary for the inspection and/or enforcement of the agreement.

Upon completion of the logging operation, the applicant shall notify the Township Engineer, who shall be authorized to inspect the completed logging site and the roads within the Township used for the logging operation. Based upon the inspection, the Township Engineer shall either recommend the release of the performance guarantee by the Board of Supervisors or shall document actions that must be taken by the applicant at the site and/or on the roads prior to release of the performance guarantee. Where a logging operation is conducted for a period in excess of 12 months, the landowner or operator shall submit proof, at the beginning of each new twelve-month period, to the Township that the guarantee bond remains in existence for an amount that will then be required to correct damage to any public road.

A performance guarantee, in a form consistent with the terms provided for such guarantees by the Township S/LDO, shall be provided by the landowner or operator to assure that the required terms for reforestation of the site are accomplished. Such guarantee shall be for an amount not less than $3,000 per acre, or fraction thereof, of tract area being harvested.

Enforcement of the terms of this section shall be as prescribed in Article XXI of this chapter.

Inspections. The Zoning Officer may go upon the site of any timber harvesting operation, before, during, or after logging to:

Enforcement notice.

Penalties. Any landowner or operator who violates any provision of this section and/or fails to comply with the terms of an enforcement notice shall be subject to the penalty provisions of this chapter as prescribed in § 399-155.

Independent dwelling units. Single-family detached dwellings, single-family semidetached dwellings, two-family detached dwellings, and single-family attached dwellings. Each dwelling unit shall contain complete kitchen, toilet, and bathing facilities, and shall have at least one outside window.

Independent living apartment units. Multifamily dwellings in which each group of apartment units is associated with one or more common areas designated for the exclusive benefit of the group. Each apartment unit shall contain at least one outside window. Each apartment unit shall provide space and facilities for cooking and related kitchen activities, bathing, and toilet functions. Common areas may also be provided for recreation, relaxation, laundry services, bulk storage, and similar activities.

Assisted-care facilities. For the purposes of a continuing care development only, premises, or a portion thereof, in which food, shelter, and licensed personal assistance or supervision are provided for residents requiring supervision and assistance in such matters as dressing, bathing, diet or medication prescribed for self-administration, but not requiring hospitalization or skilled nursing care. Facilities shall include a living/sleeping area and a private powder room, although a shared bath shall be permitted.

Skilled care or nursing care facilities. For the purposes of a continuing care development only, premises or a portion thereof used to house and care for persons requiring continuous, assisted, or skilled nursing care.

Accessory uses. For the purposes of a continuing care development only, offices, activity areas, craft, woodworking and hobby shops, recreation facilities, pools, gift shops, adult day care, child day care, ancillary personal services facilities, dining facilities, ancillary health care facilities, maintenance facilities, bank, library, central kitchen and dining room, snack bar, village store, pharmacy, chapel, and similar uses incidental to the main or principal uses. The total square footage of all accessory uses within the continuing care retirement community shall not exceed 20% of the square footage of all buildings within the continuing care retirement community. This percentage shall not be exceeded in any one phase of the development. No individual retail accessory use may exceed 2,000 square feet in size.

Prohibited uses. No building shall be erected, altered or used and no premises shall be used for any activity which is continuously noxious, injurious, or offensive by reason of dust, smoke, odor, fumes, noise, vibration, gas, illumination, or similar substances or conditions.

Spouses of residents may be less than 55 years old;

Residents of younger age may be permitted if they need such care because of physical disabilities; and

A live-in caregiver, where needed to assist a resident, may be less than 55 years old.

Water and sewage facilities.

Density. The maximum density of development shall not exceed five dwelling units per net acre of tract area. Equivalent density shall be calculated as follows:

Maximum impervious coverage: 45% of the net tract area.

Maximum building height. The maximum height of all buildings shall be as provided under the terms of the base zoning district.

Building length. The maximum horizontal length of a building shall be 160 feet. At its discretion, the Board may authorize an increase in length to 200 feet where the design includes architecturally attractive offsets.

Setbacks. The following minimum setbacks shall be observed:

Building separation. Any minimum building separation dimension for dwelling units in the base zoning district shall be applicable to a continuing care development.

Common areas and facilities. Where facilities serving the entire development, such as parking lots, pedestrianways, driveways, alleys, lighting facilities, drainage facilities, landscape planting areas, buffer open spaces, and recreation areas are provided in common areas, provisions for their perpetual ownership, maintenance, and care shall be established by and be the complete responsibility of the property owner.

Common open space. An area of not less than 30% of the gross tract area shall be retained and designated as common open space. Uses, dimensions, and environmental characteristics of the common open space shall be in accordance with the terms of § 399-58 of this chapter.

Recreation spaces. One or more recreation spaces (each with a minimum area of 1,200 square feet) shall be provided within areas of common open space. The total area of such recreation spaces shall be not less than 100 square feet per unit. All recreation spaces shall be located in areas suitable for the type of outdoor active or passive recreation being proposed. All recreation spaces shall be at least 20 feet from any building. The types of recreation areas shall relate to the expected ages of the residents.

Access to structures.

Access drives. The following minimum cartway widths shall be provided for any access drive within a continuing care retirement community:

Minimum parking standards. The following minimum parking standards shall apply to the development of a continuing care retirement community.

Solar energy systems are permitted in all zoning districts as an accessory use.

A building permit specific to a solar energy system is required for the installation of any such system. The applicant shall reimburse the Township for any administrative costs and legal fees incurred during the application process, and for inspection costs incurred by the Township during installation of the system.

Energy produced by a solar energy system shall be primarily for personal use on the property where the system is located. Energy produced in excess of personal needs on the property may be sold to a local electric provider, but only as an ancillary and secondary result of the solar energy system.

The local electrical distribution utility company shall be contacted concerning the connection of a system to the grid and to address any further issues. The applicant shall provide written proof to the Township as part of the permit application that the local electrical distribution utility company was contacted and informed of the applicant's intent to install a solar energy system. Contacting the local electric company is not necessary for off-grid systems.

Advertising on solar energy systems, other than reasonable identification of manufacturer and operator, is prohibited. This includes any signage, streamers, ribbons, flags, banners, or similar materials, but does not include the posting of appropriate warning signs.

All solar energy systems shall be professionally constructed and shall be installed in accordance with all applicable codes, regulations, and manufacturer's specifications. Solar energy systems shall be certified by Underwriters Laboratories, Inc., and the National Renewable Energy Laboratory, the Solar Rating and Certification Corporation, or other certifying agency determined acceptable by the Township. The Township reserves the right to deny a building permit for proposed solar energy systems deemed to have inadequate certification.

A solar energy system may be placed on the roof (roof-mounted) or on the ground (ground-mounted).

Additional standards for roof-mounted solar energy systems.

Additional standards for ground-mounted solar energy systems.

A solar farm shall be permitted as a principal use in the R-1 Residential, R-2 Residential, and CS/LI Commercial Service/Limited Industrial District when approved as a conditional use by the Board of Supervisors in accordance with the terms of this chapter.

A solar farm may be permitted on any Township-owned property at the sole discretion of the Board of Supervisors.

A solar farm shall comply with the minimum net lot area, minimum setback, and maximum impervious surface coverage requirements for a single-family dwelling in the applicable zoning district. In the CS/LI District, the solar farm shall comply with the requirements for a single-family detached dwelling in the R-3 District.

A security fence at least eight feet in height must enclose the perimeter of any solar farm site.

All appropriate warning signage and signage identifying operators shall be clearly posted at the site.

All wiring and on-site power lines shall be placed underground, to the maximum extent practicable. Any wiring carrying live current that is above ground shall be clearly labeled as such.

The following shall be included in any application for conditional use approval:

If any solar farm has stopped operating for longer than one year, the Township may require that the facility be decommissioned at the owner's expense. A bond or other surety, satisfactory to the Township, shall be provided to cover the anticipated cost of deconstruction of the solar farm.

Single-family detached dwelling.

Multifamily townhouse (single-family attached).

Accessory uses. For the purposes of an age-qualified residential community only, accessory uses shall include a community center, walking trails, open space, parking areas, signs, and other similar amenities.

Maximum number of dwellings. The maximum number of dwellings within an age-qualified residential community shall be determined by calculating the net tract area, as defined by and in accordance with § 300-17 of this Code.

Common open space. An area of not less than 40% of the net tract area shall be retained and designated as common open space, which shall comply with the standards of this section.

An age-qualified residential community shall be served by a public sewage facilities system, as defined by this Code. The plans for such system shall comply with the Township's Act 537 Plan and all applicable regulations of the East Brandywine Township Municipal Authority, the Chester County Health Department, and the Pennsylvania Department of Environmental Protection and with the requirements of Chapter 350, Subdivision and Land Development, of the Code of East Brandywine Township.

An age-qualified residential community shall be served by a water supply system, as defined by this Code. The plans for such system must demonstrate adequate supply for the proposed use, and must comply with:

Lot regulations shall be as follows:

Minimum setbacks shall be as follows:

Notwithstanding § 399-75A of the Zoning Ordinance, for single-family detached dwellings, a one-story roofed front porch, attached porch steps and the eaves, fascia, gutter and other architectural elements of the porch roof may project up to five feet into the minimum front yard setback; provided the front porch may not be enclosed in any manner, including by walls, glass, screens, windows and/or doors; and provided further that no balcony, platform, deck or living space may be constructed above the front porch.

The minimum center line radii for horizontal curve for streets shall be 75 feet.

Tangents of at least 10 feet shall be required between reverse curves in streets.

Streets entering from opposite sides of another street shall either be directly across from each other or offset by at least 150 feet measured from the centerline.

No center line of any driveway shall be closer than 40 feet to the center line of any parallel cartway.

The common open space shall be designed to maximize the conservation of site features identified in the conservation plan prepared and submitted in accordance with the terms of § 399-24D.

There shall be no impervious surfaces located within the common open space except where deemed necessary in association with approved sewage facilities complying with § 399-102.6I(6)f; recreation uses, including trail surfaces and community amenities such as a community center; and/or where ownership of an area of common open space is conveyed to the Township for use by it. The net tract area shall have a maximum impervious coverage of 25%, provided that impervious surfaces located in any such areas conveyed and/or dedicated to the Township for the Township's exclusive use shall not be included in the calculation of impervious coverage.

Ownership of the common open space shall be by one or more of the following methods:

All areas designated as common open space shall be subject to a conservation easement. In addition to complying with the applicable terms for conservation easements in § 399-58C(5), such easement shall be granted in favor of a qualified conservation organization, the applicable homeowners' association, or, at the Board's discretion, the Township. Where the easement is not held by the Township, the Township shall be granted the right to enforce the covenants, restrictions, and easement established by the conservation easement document, in addition to the rights of the easement holder.

Areas of common open space may be used for the following purposes, or combinations thereof:

Sewage and stormwater management facilities.

Any area of common open space shall be subject to an open space management plan, the terms of which shall comply with the requirements of § 399-58H. Where the common open space is to be owned by a homeowner's association, management and maintenance of the common open space shall be in accordance with the open space management plan.

Where a portion of the common open space area is to be used for active recreation, its designation and design shall be in accordance with Chapter 350, Subdivision and Land Development, § 350-50.

The open space dimensional and design standards in § 399-58C(5)(k) shall be applicable.

The design of common open space areas shall be in compliance with the requirements for buffering and screening contained in § 399-58C(5).

Except where common open space is used for agriculture, it shall be physically separated, through fencing, hedgerow, or other means acceptable to the Township, from any adjacent land that is used for agricultural purposes.

A medical marijuana grower/processor shall provide proof of registration with the Pennsylvania Department of Health, or proof that registration has been sought and is pending approval, and shall at all times maintain a valid, accurate, and up-to-date registration with the Department of Health. Should registration be denied or revoked at any time, any conditional use approval shall immediately become void.

A medical marijuana grower/processor shall at all times operate in compliance with all Department of Health regulations pertaining to such facilities.

No more than one grower/processor shall be permitted on any one site or in any one building.

The site or facility shall provide adequate policing to prevent the unintended transfer of marijuana plants off the premises.

Off-street parking shall be provided in accordance with the requirements for industrial and warehouse use, as contained in § 399-108D of this chapter.

Off-street loading facilities shall be provided in accordance with the standards for the Village Commercial District, as contained in § 399-112 of this chapter.

A medical marijuana grower/processor use shall not be operated or maintained on a parcel within 1,000 feet of the nearest point on the property line of a residentially zoned property or a parcel containing a public, private, or parochial school or a day-care center.

A medical marijuana grower/processor shall submit a disposal plan to, and obtain approval from, the Zoning Officer or his or her designee. Medical marijuana remnants and by-products shall be disposed of according to an approved plan and shall not be placed within an exterior refuse container.

No retail sales of medical marijuana and no use of medical marijuana shall be permitted on the premises of a medical marijuana grower/processor.

A medical marijuana dispensary shall provide proof of registration with the Pennsylvania Department of Health, or proof that registration has been sought and is pending approval, and shall at all times maintain a valid, accurate, and up-to-date registration with the Department of Health. Should registration be denied or revoked at any time, any conditional use approval shall immediately become void.

A medical marijuana dispensary shall at all times operate in compliance with all Department of Health regulations pertaining to such facilities.

A medical marijuana dispensary may not operate on the same site as a medical marijuana grower/processor.

A medical marijuana dispensary shall not be operated or maintained on a parcel within 1,000 feet of the nearest point on the property line of a residentially zoned property or a parcel containing a public, private, or parochial school or a day-care center.

The site or facility shall provide adequate policing to prevent the sale of medical marijuana products other than for state-licensed medical purposes.

No more than one dispensary shall be permitted on any one site or in any one building.

A medical marijuana dispensary must operate entirely within an indoor, enclosed, and secure facility. No exterior sales and no sidewalk displays shall be permitted. No drive-through, drop-off, or pick-up services shall be permitted.

No use of medical marijuana shall be permitted on the premises of a medical marijuana dispensary.

There shall be no emission of dust, fumes, vapors, or odors which can be seen, smelled, or otherwise perceived from beyond the lot line of the property where the medical marijuana dispensary is operating.

A medical marijuana dispensary shall submit a disposal plan to, and obtain approval from, the Zoning Officer or his or her designee. Medical marijuana remnants and by-products shall be disposed of according to an approved plan and shall not be placed within an exterior refuse container.

Off-street parking shall be provided in accordance with the requirements for indoor retail business use, as contained in § 399-108-B(1) of this chapter.