East Brandywine Township, PA Zoning Ordinance

§ 399-88 Statement of intent.

[Amended 4-16-2026 by Ord. No. 02-2026]

The regulations in this article are meant to provide standards for those seeking approval for certain uses and activities that are authorized in various zoning districts and for other uses not specifically designated within one or more zoning districts. It is the intent of the Township that, where these uses or activities occur, they comply strictly with the standards that have been created to address their particular impacts and characteristics.

§ 399-89 Public utility corporations.

This chapter shall not apply to any existing or proposed building or extension thereof, or to any land, used or to be used by a public utility corporation if, upon petition of the corporation, the Public Utility Commission shall, after a public hearing of which the Township is notified in accordance with § 619 of the Municipalities Planning Code,[1] decide that the present or proposed situation or use of the building or land in question is reasonably necessary for the convenience or welfare of the public.

[1]

Editor's Note: See 53 P.S. § 10619.

§ 399-90 Automobile service stations.

The following specific development standards shall be met for any automobile service station, where such use is authorized by this chapter, so as to control the mode of development and method of operation and to assure that the location does not adversely affect the health, safety, and welfare of the community, especially in terms of traffic impacts and potential incompatibility with adjoining uses.

Minimum lot area. Any automobile service station lot shall contain a minimum gross area of one acre and a minimum of 3,000 square feet of gross lot area for each pump, whichever is greater. Such lot also shall contain a minimum of 35,000 square feet of net lot area. A pump may have more than one hose. Minimum lot frontage shall be 150 feet.

[Amended 6-15-1999; 11-15-2000]

Setbacks. Pump islands and any similar equipment or facilities shall be set back at least 30 feet from any property line or street right-of-way. The overhang of canopies may extend to within 20 feet of a property line, but the supporting structure for such canopies to protect automobiles positioned for service at pump islands shall be set back at least 30 feet from a property line or street right-of-way.

Service bays. Service bays shall be limited to one per 7,000 square feet of gross lot area. All service bays shall be contained entirely within the principal building. Where any side or rear yard is adjacent to a residential district, no more than three service bays shall be permitted on the property. Service bay doors shall not face a residential use or residentially zoned property.

[Amended 6-15-1999; 11-15-2000]

Fencing. The site shall be fenced with a six-foot brick or stone masonry wall or solid fence of wood or other material, deemed appropriate by the Zoning Officer, along each property line which abuts any residential use or residentially zoned property. Additional plantings or other noise abatement procedures may be required, as stipulated in § 399-84C of this chapter.

Supplemental services requiring conditional use approval. The following activities may be operated in conjunction with the principal use of an automobile service station when authorized as a conditional use by the Board of Supervisors in accordance with the terms of § 399-137 of this chapter:

(1)

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

(2)

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

(3)

Car-washing.

Trash disposal. All used tires and parts, trash, and similar objects shall be stored within a solid brick or concrete enclosure in the rear half or, in the case of corner sites, the rear quarter of the site, and shall be secured against dispersal by wind or water from such site.

Gasoline deliveries. No delivery tanker shall park within the public right-of-way during gasoline delivery, nor shall any hose be permitted within the public right-of-way.

Landscaping and buffering. Landscaping and buffering shall be provided in accordance with §§ 399-78 and 399-79 of this chapter. Landscaping provided along any street frontage must preserve sight lines for entering and exiting traffic. This does not preclude careful placement of street trees with high foliage or low-growing shrubbery (below 30 inches).

Curb cuts and corner radius. On corner sites, a twenty-foot curb radius shall be provided and no point of access shall be located within 100 feet of the street intersection, as measured from center line to center line. At intersections where a primary flow of right turn traffic is anticipated, a longer curb radius may be required, again with a one-hundred-foot minimum separation between any point of access and the street intersection.

Signs. Signs associated with any service station shall be in compliance with the standards of Article XVI of this chapter, including in particular § 399-119.

Self-service facilities.

[Amended 8-16-1995 by Ord. No. 95-02]

(1)

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.

(2)

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.

§ 399-91 Accessory dwellings.

[Amended 3-17-1998; 3-27-2002]

Specific intent. In allowing opportunities for creation of accessory dwelling units within existing single-family detached dwellings or authorized existing accessory structures, it is the specific intent of this section to address directly the needs of extended families. Through the standards in this section, the Township seeks to balance the desires of extended families to provide a discrete residence for a family member with the need to protect the existing residential character of the surrounding neighborhood.

Standards for accessory dwellings. Where authorized as a special exception under the terms of this chapter, accessory dwellings may be created in accordance with the following standards. Where permitted as a use by right under the terms of this chapter, an accessory dwelling shall be subject to the terms of Subsection C, below.

[Amended 7-16-2014 by Ord. No. 02-2014]

(1)

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

(2)

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.

(3)

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.

(4)

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.

(5)

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.

(6)

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

(a)

[1]The accessory structure must exist on the same lot as a single-family detached dwelling.

[1]

Editor’s Note: Former Subsection B(6)(a), regarding accessory structure setback, was repealed 12-20-2018 by Ord. No. 07-2018. This ordinance also renumbered former Subsections B(6)(b) and B(6)(c) as Subsections B(6)(a) and B(6)(b), respectively.

(b)

The lot containing the accessory structure must have a minimum gross area of not less than 1.5 acres and a minimum net lot area of not less than 45,000 square feet, or the minimum gross and net lot area required in the applicable zoning district, whichever requirement is larger.

(7)

Changes to existing structures.

(a)

Where a single-family detached dwelling is proposed to contain an accessory dwelling unit, the structure may be expanded as necessary to accommodate the dwelling unit, subject to the limitation on maximum square footage for such accessory dwelling unit as stipulated in Subsection B(4), above. No such expansion shall be located, in whole or in part, in any front yard.

[Amended 3-7-2013 by Ord. No. 02-2013]

(b)

Where an accessory structure is proposed to contain an accessory dwelling unit, changes to the existing structure that are deemed necessary to accommodate the dwelling unit (e.g., removal of garage doors, addition of windows or doors) may be approved by the Zoning Hearing Board as a condition of any special exception it may grant for the accessory dwelling unit.

(c)

No exterior changes, including expansion of the structure, shall be made which, in the judgment of the Zoning Hearing Board, are not in conformance with the existing single-family character of the neighborhood.

[Amended 3-7-2013 by Ord. No. 02-2013]

(d)

The applicant shall submit architectural plans for the accessory dwelling unit and shall provide documentation of the structural integrity of the existing structure in terms of its suitability for adding the accessory dwelling unit.

(8)

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.

(9)

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.

(10)

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.

(11)

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.

[Added 7-21-2004 by Ord. No. 04-03[2]]

[2]

Editor's Note: This ordinance also provided for the renumbering of former Subsection B(11) as B(12).

(12)

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.

[Amended 3-7-2013 by Ord. No. 02-2013]

An accessory dwelling unit permitted as a use by right shall comply with the following standards:

[Added 7-16-2014 by Ord. No. 02-2014]

(1)

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

(2)

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

(3)

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.

(4)

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.

(5)

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

(6)

Changes to the existing single-family dwelling.

(a)

The exterior of a single-family detached dwelling proposed to contain an accessory dwelling unit may be altered to add windows and/or doors necessary in the design and construction of the accessory dwelling unit. Such windows and doors may be added only to the side or rear walls of the structure.

(b)

No other alterations to the exterior of the structure shall be permitted unless necessary for health or safety reasons, as determined by the Zoning Officer.

(c)

The applicant shall submit architectural plans for the accessory dwelling unit and shall provide documentation of the structural integrity of the single-family dwelling in terms of its suitability for adding the accessory dwelling unit.

(7)

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

(8)

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.

§ 399-92 Other accessory uses and structures.

[Amended 4-16-2026 by Ord. No. 02-2026]

Uses considered customarily accessory and incidental to any permitted use under this chapter shall include those generally provided for within the various zoning districts. In addition, the uses listed herein shall specifically be deemed accessory in accordance with the following terms:

Uses accessory to agriculture:

(1)

Greenhouse.

(2)

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

(a)

Parking space for at least three cars shall be provided on the lot. where building area exceeds 600 square feet, one additional parking space shall be provided for each additional 200 square feet of building area.

(b)

Sale of farm products shall be conducted either from a temporary stand, dismantled at the end of the growing season, or from a permanent building, the location of which complies with all Township setback standards for that zoning district. Any temporary structure shall be set back at least 25 feet from the right-of-way line of the road.

(3)

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

(4)

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

Uses accessory to dwelling:

(1)

Private garage, private parking space, barn.

(2)

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

(3)

Private greenhouse, garden shed.

(4)

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.

(5)

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

Uses accessory to public park. Customary recreational, refreshment, and service uses and buildings in any public park, playground, or other recreational area.

§ 399-93 Home occupations.

[Amended 11-15-2000; 12-30-2004 by Ord. No. 04-21; 4-16-2026 by Ord. No. 02-2026]

Home occupations shall be classified as either:

(1)

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

(2)

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

No-impact home occupations shall meet all of the following requirements:

(1)

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

(2)

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.

(3)

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

(a)

Telephone and/or Internet solicitation;

(b)

Those products of the home occupation or items deemed accessory to or directly associated with the home occupation.

(4)

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

(5)

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

(6)

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.

(7)

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.

(8)

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.

(9)

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.

(10)

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.

(11)

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

(12)

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.

(13)

There shall be no more than two home occupations per dwelling unit.

(14)

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

(15)

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.

(16)

Prior to initiating the operation of a home occupation with employees not residing in the dwelling, 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 following are permitted as no-impact home occupations, provided they meet the standards in Subsection B above:

(1)

Dressmaking, sewing, tailoring;

(2)

Painting, sculpting, writing, music, or filmmaking;

(3)

Telephone answering, typing, bookkeeping;

(4)

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

(5)

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

(6)

Computer programming that involves services to outside clients;

(7)

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;

(8)

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;

(9)

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

(10)

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

The following are prohibited as home occupations:

(1)

Animal hospital;

(2)

Dancing studio;

(3)

Mortuary;

(4)

Private club;

(5)

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

(6)

Restaurant;

(7)

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

(8)

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

Major home occupations shall be subject to approval by the Board of Supervisors as a conditional use and shall meet all of the following requirements:

(1)

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:

(a)

Compatible with other uses permitted in the respective zoning districts.

(b)

Incidental and secondary to the use of the property as a residence;

(c)

Helping to maintain and preserve the character of the neighborhood.

(2)

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.

(3)

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.

(4)

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.

(5)

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.

(6)

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.

(7)

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:

(a)

Office for medical, dental, legal, insurance agent, accountant; or similar professional purposes.

(b)

Family child/adult day-care involving no more than six children or adults unrelated to the operator, and provided the following criteria are met:

[1]

The owner must be registered with the Pennsylvania Department of Public Welfare (DPW) and must demonstrate compliance with all DPW regulations for such homes.

[2]

Passenger dropoff and pickup areas shall be provided on-site and arranged so that passengers are not required to cross traffic lanes on or adjacent to the site and vehicles are not required to back out onto the abutting street.

[3]

The requisite outdoor play area shall be surrounded by a safety fence or natural barrier impenetrable by children or small animals. Such fence or barrier shall not be located within any required minimum front yard area and shall be set back at least 15 feet from any side or rear property line.

[4]

Operating days shall be weekdays only. Outside play shall be limited to the hours between 9:00 a.m. and 5:00 p.m.

(c)

Preparation of food or food products to be sold or served off-site.

(d)

Other accessory uses that do not qualify as no-impact home occupations under the terms of Subsection B but, in the determination of the Board of Supervisors, are considered to be of the same general character as the home occupations listed herein and meet all the requirements for major home occupations contained in this section.

(8)

Off-street parking.

(a)

For any office use permitted by Subsection E(7)(a) above, a minimum of one parking space per 150 square feet of gross leasable floor area devoted to such use shall be provided, in addition to two spaces for the dwelling unit.

(b)

Any other major home occupation shall comply with the requirements contained in Subsection B above.

(9)

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.

(10)

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

(11)

The Township may conduct an inspection of the premises as part 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.

(12)

No more than two major home occupations shall be permitted on the same lot.

§ 399-94 Institutions.

Institutions, as defined and provided for in this chapter, shall comply with the following standards:

A minimum gross lot area of four acres and a minimum net lot area of 55,000 square feet shall be required for an institution housing up to six residents/clients and any associated supervisory personnel.

[Amended 11-15-2000]

An additional one acre of gross lot area shall be required above the four-acre minimum for every two additional resident/clients and associated supervisory personnel, or any portion of such increment.

[Amended 11-15-2000]

Minimum requirements for off-street parking shall be those applicable to a single-family dwelling. The Zoning Hearing Board may require additional parking for an institution housing more than three resident/clients and associated supervisory personnel, and may employ as a guideline the standard of an additional two off-street parking spaces for each additional four resident/clients and associated supervisory personnel.

The applicant shall demonstrate that all necessary approvals and permits from the Pennsylvania Department of Labor and Industry have been obtained or waived, particularly with respect to fire protection, safety measures, construction standards, and design standards to accommodate the handicapped. The Zoning Hearing Board may, in the alternative, authorize approval of the special exception contingent upon the requisite approvals from the Pennsylvania Department of Labor and Industry being obtained.

The Zoning Hearing Board, in reaching its decision on any request for approval of an institution, shall consider the proximity of the proposed use to any other similar institution within the Township and/or to similar facilities in adjacent municipalities, and shall not approve any such request where resulting proximity might unduly alter the intended character of the neighborhood through the relative concentration and scale of such uses.

§ 399-95 Inns; bed-and-breakfast facilities.

[Amended 4-16-2026 by Ord. No. 02-2026]

Inn or similar lodging. Consistent with the definitions and the use provisions of this chapter, a commercial lodging facility may be operated in accordance with the following additional standards:

(1)

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.

(2)

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.

Bed-and-breakfast facility. The following standards shall apply to the operation of any bed-and-breakfast facility permitted by this chapter:

(1)

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

(2)

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

(3)

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

(4)

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

(5)

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

(6)

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.

(7)

The owner shall maintain a current guest register.

(8)

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

(9)

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

(10)

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.

(11)

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.

(12)

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.

§ 399-96 Conversion of dwellings.

Statement of intent. The intent of this section is to provide an alternative use for structurally sound, large and primarily older single-family detached dwellings. This section is also intended to allow an increase in the supply of smaller dwelling units and provide for a more efficient use of the existing housing stock, while protecting the character of sound, stable residential neighborhoods and preserving the basic character of dwellings that might otherwise become obsolete.

Standards for conversions. A single-family detached dwelling, existing on the effective date of this chapter, may be converted into and used as a two-family or multifamily dwelling, when authorized as a special exception in accordance with the terms of § 399-145 of this chapter and with the following stipulations. Where permitted as a use by right under the terms of this chapter, a single-family detached dwelling existing on the effective date of this chapter may be converted into and used as a two-family or multifamily dwelling, subject to the terms of Subsection C, below.

[Amended 11-15-2000; 7-16-2014 by Ord. No. 02-2014]

(1)

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.

(2)

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.

(3)

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:

(a)

In the R-1 District, 50% of the product of the minimum gross lot area for a single-family dwelling times the number of dwelling units (existing and proposed) to be contained in the converted structure;

(b)

In the R-2 District, 75% of the product of the minimum gross lot area for a single-family dwelling times the number of dwelling units (existing and proposed) to be contained on the converted structure;

(c)

In the R-3 District, 100% of the product of the minimum gross lot area for a single-family dwelling times the number of dwelling units (existing and proposed) to be contained in the converted structure.

(4)

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.

(5)

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

(6)

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

(7)

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.

(8)

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.

Where permitted as a use by right under the terms of this chapter, the conversion of a single-family detached dwelling shall comply with the following standards:

[Added 7-16-2014 by Ord. No. 02-2014]

(1)

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.

(2)

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

(3)

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.

(4)

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.

(5)

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

(6)

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

(7)

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

§ 399-97 Agriculture.

The minimum gross lot area for all agricultural uses shall be 10 acres.

[Amended 11-15-2000]

Maximum impervious cover on any agricultural property shall be 10% of the gross lot area. Both temporary and permanent structures shall be considered impervious surfaces when computing this percentage.

[Amended 6-15-1999; 11-15-2000]

Agricultural buildings (excluding dwellings) shall comply with the following standards:

(1)

Minimum lot width at street line: 300 feet.

(2)

Minimum setback from all lot lines: 100 feet.

(3)

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

Silos and bulk bins shall be exempted from area and bulk regulations when attached to a building.

Manure, compost, and material of similar character may not be bulk stored within 300 feet of the boundary of any property used and/or zoned for residential purposes.

Agricultural runoff:

(1)

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

(2)

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

(3)

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

(4)

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.

(5)

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.

Tenant house.

(1)

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:

(a)

Only one such additional dwelling shall be permitted on any property, regardless of the size of the property.

(b)

Where a second dwelling already exists on the property as of the effective date of this chapter, it shall constitute the permissible tenant house, and no additional such dwellings shall be constructed. Where no such dwelling exists as of the effective date of this chapter, a tenant house may be constructed on the property.

(c)

Where a tenant house is to be constructed under the terms of this section, the structure shall be situated such that any subsequent request to subdivide the property and create a separate parcel for the tenant house would be in conformance with the currently applicable Township regulations governing such a request.

(2)

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.

Mushroom houses shall be permitted as an agricultural use, provided they comply with the minimum area requirements and all other applicable standards of this section.

§ 399-98 Waste lagoons.

[Amended 4-16-2026 by Ord. No. 02-2026]

No lagoon or similar reservoir or basin for the storage or containment of industrial, chemical, hazardous, and/or toxic waste shall be permitted anywhere in the Township.

§ 399-99 Temporary structures.

Temporary dwelling units.

(1)

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.

(2)

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.

Sales and construction trailers.

(1)

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.

(2)

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.

§ 399-100 (Reserved) [1]

[1]

Editor's Note: Former § 399-100, Helistops and other aviation facilities, was repealed 4-16-2026 by Ord. No. 02-2026.

§ 399-101 Wireless communications facilities.

[Added 6-17-2015 by Ord. No. 04-2015[1]]

Purposes; findings of fact.

(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.

(2)

By enacting these provisions, the Township intends to:

(a)

Accommodate the need for wireless communications facilities while regulating their location and number so as to ensure the provision for necessary services;

(b)

Provide for the managed development of wireless communications facilities in a manner that enhances the benefits of wireless communication and accommodates the needs of both Township residents and wireless carriers in accordance with federal and state laws and regulations;

(c)

Establish procedures for the design, siting, construction, installation, maintenance and removal of both tower-based and non-tower-based wireless communications facilities in the Township, including facilities both inside and outside the public rights-of-way;

(d)

Address new wireless technologies, including, but not limited to, distributed antenna systems, data collection units, cable Wi-Fi and other wireless communications facilities;

(e)

Minimize the adverse visual effects and the number of such facilities through proper design, siting, screening, material, color and finish and by requiring that competing providers of wireless communications services co-locate their commercial communications antennas and related facilities on existing towers;

(f)

Ensure the structural integrity of commercial communications antenna support structures through compliance with applicable industry standards and regulations; and

(g)

Promote the health, safety and welfare of the Township's residents.

General and specific requirements for non-tower wireless communications facilities.

(1)

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

(a)

Permitted in all zoning districts subject to regulations. Non-tower WCFs are permitted in all zoning districts subject to the regulations and conditions prescribed below and subject to applicable permitting by the Township.

(b)

Nonconforming wireless support structures. Non-tower WCFs shall be permitted to co-locate upon legally, nonconforming wireless support structures and other nonconforming structures. Co-location of a WCF upon an existing wireless support structure is encouraged even if the wireless support structure is nonconforming as to use within a zoning district.

(c)

Standard of care. Any non-tower WCF shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related codes, including but not limited to the most recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, and National Electrical Code. Any WCF shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property in the Township.

(d)

Wind. All non-tower WCF structures shall be designed to withstand the effects of wind according to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association and the Telecommunications Industry Association (ANSI/TIA-222-E, as amended).

(e)

Aviation safety. Non-tower WCFs shall comply with all federal and state laws and regulations concerning aviation safety.

(f)

Public safety communications. No non-tower WCF shall interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.

(g)

Radio frequency emissions. No non-tower WCF may, by itself or in conjunction with other WCFs, generate radio frequency emissions in excess of the standards and regulations of the FCC, including, but not limited to, the FCC Office of Engineering Technology Bulletin 65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended.

(h)

Removal. In the event that use of a non-tower WCF is discontinued, the owner shall provide written notice to the Township of its intent to discontinue use and the date when the use shall be discontinued. Unused or abandoned WCFs or portions of WCFs shall be removed as follows:

[1]

All abandoned or unused WCFs and accessory facilities shall be removed within two months of the cessation of operations at the site unless a time extension is approved by the Township.

[2]

If the WCF or accessory facility is not removed within two months of the cessation of operations at a site, or within any longer period approved by the Township, the WCF and/or associated facilities and equipment may be removed by the Township and the cost of removal assessed against the owner of the WCF.

(i)

Timing of approval. Within 30 calendar days of the date that an application for a non-tower WCF is filed with the Township, the Township shall notify the WCF applicant in writing of any information that may be required to complete such application. Within 90 calendar days of receipt of a complete application, the Township shall make its final decision on whether to approve the application and shall advise the WCF applicant in writing of such decision. If additional information was requested by the Township to complete an application, the time required by the WCF applicant to provide the information shall not be counted toward the Township's ninety-day review period.

[1]

Timing of approval for SWF. Within 10 calendar days of the date that an application for a non-tower WCF that is also a SWF is filed with the Township, the Township shall notify the applicant in writing of any information that may be required to complete such application. The Township shall have 10 days from the receipt of the additional information to issue a letter of completeness, or to request additional information as appropriate. Within 60 calendar days of receipt of a complete application, the Township shall make its final decision on whether to approve the application and shall advise the applicant in writing of such decision. If additional information was requested by the Township to complete an application, the time required by the applicant to provide the information shall not be counted toward the sixty-day review period.

[Added 6-20-2019 by Ord. No. 04-2019]

(j)

Insurance. Each person that owns or operates a non-tower WCF shall provide the Township with a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering the non-tower WCF.

(k)

Indemnification. Each person that owns or operates a non-tower WCF shall, at its sole cost and expense, indemnify, defend and hold harmless the Township, its elected and appointed officials, employees and agents, at all times against any and all claims for personal injury, including death, and property damage arising in whole or in part from, caused by or connected with any act or omission of the person, its officers, agents, employees or contractors arising out of, but not limited to, the construction, installation, operation, maintenance or removal of the non-tower WCF. Each person that owns or operates a non-tower WCF shall defend any actions or proceedings against the Township in which it is claimed that personal injury, including death, or property damage was caused by the construction, installation, operation, maintenance or removal of a non-tower WCF. The obligation to indemnify, hold harmless and defend shall include, but not be limited to, the obligation to pay judgments, injuries, liabilities, damages, reasonable attorneys' fees, reasonable expert fees, court costs and all other costs of indemnification.

(l)

Maintenance. To the extent permitted by law, the following maintenance requirements shall apply:

[1]

The non-tower WCF shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair.

[2]

Such maintenance shall be performed to ensure the upkeep of the facility in order to promote the safety and security of the Township's residents.

[3]

All maintenance activities shall utilize nothing less than the best available technology for preventing failures and accidents in accordance with the requirements of the Electronics Industry Association and the Telecommunications Industry Association (ANSI/TIA-222-E, as amended).

(m)

Reservation of rights. In accordance with applicable law and as set forth in more detail in subsequent design and development standards herein, the Township reserves the right to deny an application for the construction or placement of any non-tower WCF for numerous factors, which include, but are not limited to, visual impact, design, and safety standards.

(n)

Engineer signature. All plans and drawings for a tower and antenna shall contain a seal and signature of a professional structural engineer, licensed in the Commonwealth of Pennsylvania.

(o)

Financial security. Prior to receipt of a zoning permit for the construction or placement of a tower-based WCF, the WCF applicant shall provide to the Township financial security sufficient to guarantee the removal of the tower-based WCF. Said financial security shall remain in place until the tower-based WCF is removed.

(2)

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.

(a)

Permit required. WCF applicants proposing the modification of an existing wireless support structure shall obtain a permit from the Township. In order to be considered for such permit, the WCF applicant must submit a permit application to the Township in accordance with applicable permit policies and procedures.

(b)

Such non-tower WCFs that do not substantially change the physical dimensions of the wireless support structure may be eligible for a sixty-day time frame for review. The applicant shall assert such eligibility in writing to the Township and provide documentation reasonably related to determining whether the application is eligible for the shortened review time frame, and if warranted, such application shall be reviewed within the sixty-day time frame.

(c)

Related equipment. Ground-mounted related equipment greater than three cubic feet shall not be located within 50 feet of a lot in residential use or zoned residential.

(d)

Permit fees. The Township may assess appropriate, fair and reasonable permit fees directly related to the Township's actual costs in reviewing and processing the application for approval of a non-tower WCF as set forth in fee schedules adopted by resolution by the Board of Supervisors.

[Amended 6-20-2019 by Ord. No. 04-2019]

(3)

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

(a)

Permitted in all zoning districts subject to regulations. Non-tower WCFs are permitted in all zoning districts subject to the regulations prescribed herein and subject to the prior written approval of the Township.

(b)

Prohibited on certain structures. Non-tower WCFs greater than 10 feet in height shall not be located on single-family detached residences, single-family attached residences, or any residential accessory structure.

(c)

Permit required. Any WCF applicant proposing the construction of a new non-tower WCF, or the modification of an existing non-tower WCF, shall first obtain a permit from the Township. New construction and modifications shall be prohibited without a permit. After receipt of the permit application, the Township Zoning Officer shall determine whether zoning relief is necessary under the Zoning Ordinance.

(d)

Historic buildings. Non-tower WCFs may not be located upon any property that is within 300 feet of or is on a building or structure that:

[1]

Is listed on the National or the Pennsylvania Register of Historic Places; or

[2]

Is eligible to be so listed; or

[3]

Is listed on the official historic structures and/or historic districts list maintained by the Township; or

[4]

Has been designated by the Township to be of historical significance.

(e)

Retention of experts. The Township may hire any consultant(s) and/or expert(s) necessary to assist the Township in reviewing and evaluating the application for approval of the WCF and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of this Ordinance. The WCF applicant and/or owner of the WCF shall reimburse the Township for all costs of the Township's consultant(s) in providing expert evaluation and consultation in connection with these activities.

(f)

Permit fees. The Township may assess appropriate and reasonable permit fees directly related to the Township's actual costs in reviewing and processing the application for approval of a non-tower WCF, as well as related inspection, monitoring and related costs.

(4)

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.

(a)

Development regulations. If feasible, non-tower WCFs shall be co-located on existing wireless support structures, such as existing buildings or tower-based WCFs, subject to the following conditions:

[1]

The total height of any wireless support structure and mounted WCF shall not exceed the maximum height permitted in the underlying zoning district.

[2]

In accordance with industry standards, all non-tower WCF applicants must submit documentation to the Township justifying the total height of the non-tower structure. Such documentation shall be analyzed in the context of such justification on an individual basis.

[3]

If the WCF applicant proposes to locate the related equipment in a separate building, the building shall comply with the minimum requirements for the applicable zoning district.

[4]

A security fence of not less than six feet and not more than eight feet in height shall surround any separate communications equipment building. Vehicular access to the communications equipment building shall not interfere with the parking or vehicular circulations on the site for the principal use.

(b)

Design regulations.

[1]

Non-tower WCFs shall employ stealth technology and be treated to match the wireless support structure in order to minimize aesthetic impact. The application of the stealth technology chosen by the WCF applicant shall be subject to the approval of the Township.

[2]

Antennas, and their respective accompanying wireless support structure, shall be no greater in diameter than any cross-sectional dimension than is reasonably necessary for their proper functioning.

[3]

Noncommercial usage exemption. Township residents utilizing satellite dishes and antennas for the purpose of maintaining television, phone, and/or Internet connections at their respective residences shall be exempt from the design regulations enumerated in this section of the Zoning Ordinance.

(c)

Removal, replacement, modification.

[1]

The removal, replacement, or modification of non-tower WCFs and/or accessory equipment for the purpose of upgrading or repairing the WCF may not increase the overall size of the WCF or the numbers of antennas.

[2]

Any material modification to a WCF shall require notice to be provided to the Township, and possible supplemental permit approval to the original permit or authorization.

(d)

Inspection. The Township reserves the right to inspect any WCF to ensure compliance with the provisions of the Zoning Ordinance and any other provisions found within the Township Code or state or federal law. The Township and/or its agents shall have the authority to enter the property upon which a WCF is located at any time, upon reasonable notice to the operator, to ensure such compliance.

(5)

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

(a)

Co-location. Non-tower WCFs in the right-of-way shall be Co-located on existing wireless support structures, such as existing utility poles or light poles. If such co-location is not technologically feasible, the WCF applicant shall locate its non-tower WCFs on existing poles that do not already act as wireless support structures, with the Township's approval, subject to the required permitting by the Township and compliance with applicable regulations.

(b)

Design requirements.

[1]

WCF installations located above the surface grade in the public ROW, including, but not limited to, those on streetlights and joint utility poles, shall consist of equipment components that are no more than six feet in height and that are compatible in scale and proportion to the structures upon which they are mounted. All equipment shall be the smallest and least visibly intrusive equipment feasible.

[2]

Antennas and related equipment shall be treated to match the supporting structure and may be required to be painted, or otherwise coated, to be visually compatible with the support structure upon which they are mounted.

(c)

Time, place and manner. The Township shall determine the time, place and manner of construction, maintenance, repair and/or removal of all non-tower WCFs in the ROW based on public safety, traffic management, physical burden on the ROW, and related considerations. For public utilities, the time, place and manner requirements shall be consistent with the police powers of the Township and the requirements of the Public Utility Code.

(d)

Equipment location. Non-tower WCFs and related equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic or to otherwise create safety hazards to pedestrians and/or motorists or to otherwise inconvenience public use of the ROW as determined by the Township. In addition:

[1]

In no case shall ground-mounted related equipment, walls, or landscaping be located within 18 inches of the face of the curb or within an easement extending onto a privately owned lot.

[2]

Ground-mounted related equipment that cannot be placed underground shall be screened, to the fullest extent possible, through the use of landscaping or other decorative features to the satisfaction of the Township.

[3]

Required electrical meter cabinets shall be screened to the satisfaction of the Township.

[4]

Any graffiti on any wireless support structures or any related equipment shall be removed at the sole expense of the owner within 10 business days of notice from the Township of the existence of the graffiti.

[5]

Any proposed underground vault related to non-tower WCFs shall be reviewed and approved by the Township prior to installation.

[a]

Non-tower WCFs may not be located in any right-of-way within 300 feet of or on a building or structure that:

[i]

Is listed on either the National or the Pennsylvania Register of Historic Places; or

[ii]

Is eligible to be so listed; or

[iii]

Is listed on the official historic structures and/or historic districts list maintained by the Township; or

[iv]

Has been designated by the Township to be of historical significance.

(e)

Relocation or removal of facilities. Within 60 days following written notice from the Township, or such longer period as the Township determines is reasonably necessary or such shorter period in the case of an emergency, an owner of a WCF in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any WCF when the Township, consistent with its police powers and applicable Public Utility Commission regulations, determines that such removal, relocation, change or alteration is reasonably necessary under the following circumstances:

[1]

The construction, repair, maintenance or installation of any Township or other public improvement in the right-of-way;

[2]

The operations of the Township or other governmental entity in the right-of-way;

[3]

Vacation of a street or road or the release of a utility easement; or

[4]

An emergency as determined by the Township.

(f)

Reimbursement for ROW use.

[1]

In addition to permit fees as described in this Ordinance, every non-tower WCF in the ROW is subject to the Township's right to fix annually a fair and reasonable fee to be paid for use and occupancy of the ROW. Such compensation for ROW use shall be directly related to the Township's actual ROW management costs, including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other ROW management activities by the Township.

[2]

The owner of each tower-based WCF shall pay an annual fee to the Township to compensate the Township for the Township's costs incurred in connection with the activities described in Subsection B(5)(f)[1] above.

General and specific requirements for all tower-based wireless communications facilities.

(1)

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

(a)

Standard of care. Any tower-based WCF shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related codes, including, but not limited to, the most recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, National Electrical Code, as well as the accepted and responsible workmanlike industry practices of the National Association of Tower Erectors. Any tower-based WCF shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property in the Township.

(b)

Notice. Upon submission of an application for a tower-based WCF and the scheduling of the public hearing upon the application, the WCF applicant shall mail notice to all owners of every property within 500 feet of the proposed facility. The WCF applicant shall provide proof of the notification to the Township.

(c)

Conditional use authorization required. Tower-based WCFs are permitted only in those zoning districts where authorized as a conditional use and only in such location within such districts and at a height necessary to satisfy their function in the WCF applicant's wireless communications system. No WCF applicant shall have the right under these regulations to erect a tower to the maximum height specified in this section unless it proves the necessity for such height. The WCF applicant shall demonstrate that the antenna/tower/pole for the tower-based WCF is the minimum height necessary for the service area.

[1]

Prior to the Board's approval of a conditional use authorizing the construction and installation of a tower-based WCF, it shall be incumbent upon the WCF applicant for such conditional use approval to prove to the reasonable satisfaction of the Board that the WCF applicant cannot adequately extend or infill its communications system by the use of equipment such as repeaters, antenna(s) and other similar equipment installed on existing structures, such as utility poles or their appurtenances and other available tall structures. The WCF applicant shall further demonstrate that the proposed tower-based WCF must be located where proposed in order to serve the WCF applicant's service area and that no other viable alternative location exists.

[2]

The conditional use application shall be accompanied by a propagation study evidencing the need for the proposed tower or other communication facilities and equipment, a description of the type and manufacturer of the proposed transmission/radio equipment, the frequency range (megahertz band) assigned to the WCF applicant, the power in watts at which the WCF applicant transmits, and any relevant related tests conducted by the WCF applicant in determining the need for the proposed site and installation.

[3]

The conditional use application shall also be accompanied by documentation demonstrating that the proposed tower-based WCF complies with all state and federal laws and regulations concerning aviation safety.

[4]

Where the tower-based WCF is located on a property with another principal use, the WCF applicant shall present documentation to the Board that the owner of the property has granted an easement for the proposed WTF and that vehicular access will be provided to the facility.

(d)

Engineer inspection. Prior to the Township's issuance of a permit authorizing construction and erection of a tower-based WCF, a structural engineer registered in Pennsylvania shall issue to the Township, on behalf of the applicant, a written certification of the proposed WCF's ability to meet the structural standards offered by either the Electronic Industries Association or the Telecommunication Industry Association and certify the proper construction of the foundation and the erection of the structure.

(e)

Visual appearance and land use compatibility. Tower-based WCFs i] shall employ stealth technology, which may include painting the tower portion silver or another color approved by the Board, or ii] shall have a galvanized finish. All tower-based WCF and related equipment shall be aesthetically and architecturally compatible with the surrounding environment and shall maximize the use of a like facade that blends with the existing surroundings and neighboring buildings to the greatest possible extent. The Board of Supervisors shall consider whether conditional use approval of the tower-based WCF will promote the harmonious and orderly development of the zoning district involved; encourage compatibility with the character and type of development existing in the area; benefit neighboring properties by preventing a negative impact on the aesthetic character of the community; preserve woodlands and trees existing at the site to the greatest possible extent; and encourage sound engineering and land development design and construction principles, practices and techniques.

(f)

Co-location and siting. An application for a new tower-based WCF shall not be approved unless the Board of Supervisors finds that the wireless communications equipment planned for the proposed tower-based WCF cannot be accommodated on an existing or approved structure or building or on Township property. The Board may deny an application to construct a new tower-based WCF if the WCF applicant has not made a good faith effort to mount the commercial communications antenna(s) on an existing structure as set forth in this section. The WCF applicant shall demonstrate that it contacted the owners of tall structures, buildings, and towers within 1/4 of a mile radius of the site proposed, sought permission to install an Antenna on those structures, buildings, and towers and was denied for one of the following reasons:

[1]

The proposed Antenna and related equipment would exceed the structural capacity of the existing building, structure or tower, and its reinforcement cannot be accomplished at a reasonable cost.

[2]

The proposed Antenna and related equipment would cause radio frequency interference with other existing equipment for that existing building, structure, or tower, and the interference cannot be prevented at a reasonable cost.

[3]

Such existing buildings, structures, or towers do not have adequate location, space, access, or height to accommodate the proposed equipment or to allow it to perform its intended function.

[4]

A commercially reasonable agreement could not be reached with the owner of such building, structure, or tower.

(g)

Permit required for modifications. To the extent permissible under applicable state and federal law, any WCF applicant proposing the modification of an existing tower-based WCF that increases the overall height of such WCF shall first obtain a permit from the Township. Routine modifications shall not require a permit.

(h)

Gap in coverage. A WCF applicant for a tower-based WCF must demonstrate that a significant gap in wireless coverage exists with respect to all wireless operators in the applicable area and that the type of WCF being proposed is the least intrusive means by which to fill that gap in wireless coverage. The existence or nonexistence of a gap in wireless coverage shall be a factor in the Township's decision on an application for approval of tower-based WCFs.

(i)

Additional antennas. As a condition of approval for all tower-based WCFs, the WCF applicant shall provide the Township with a written commitment that it will allow other service providers to co-locate antennas on tower-based WCFs where technically and economically feasible. The owner of a tower-based WCF shall not install any additional antennas without obtaining the prior written approval of the Township.

(j)

Wind. Any tower-based WCF structures shall be designed to withstand the effects of wind according to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association and the Telecommunications Industry Association (ANSI/EIA-222-E, as amended).

(k)

Site plan. A full site plan shall be required for all tower-based WCFs, showing all existing and proposed structures and improvements, for a minimum of 500 feet from the tower-based WCF, including but not limited to Antenna and related support structures, building, fencing, buffering and ingress and egress.

(l)

Height. Any tower-based WCF shall be designed at the minimum functional height. All tower-based WCF applicants must submit documentation to the Township justifying the total height of the structure. The maximum total height of a tower-based WCF, which is not located in the public ROW, shall not exceed 120 feet, as measured vertically from the ground level to the highest point on the structure, including antennas and subsequent alterations. Should the WCF applicant prove that another provider of wireless communications services has agreed to co-locate antennas on the WCF applicant's tower-based WCF and requires a greater tower height to provide satisfactory service for wireless communications than is required by the WCF applicant, the total height of such tower-based WCF shall not exceed 150 feet.

(m)

Related equipment. Either one single-story wireless communications equipment building not exceeding 500 square feet in area or up to five metal boxes placed on a concrete pad not exceeding 10 feet by 20 feet in area housing the receiving and transmitting equipment may be located on the site for each unrelated company sharing commercial communications antenna space on the tower-based WCF.

(n)

Public safety communications. Tower-based WCFs shall not interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.

(o)

Maintenance. The following maintenance requirements shall apply to all tower-based WCFs:

[1]

All tower-based WCFs shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair.

[2]

Maintenance shall be performed to ensure the upkeep of the facility to promote the safety and security of the Township's residents and utilize the best available technology for preventing failures and accidents in accordance with the requirements of the Electronics Industry Association and the Telecommunications Industry Association (ANSI/TIA-222-E, as amended).

(p)

Radio frequency emissions. No tower-based WCF may, by itself or in conjunction with other WCFs, generate radio frequency emissions in excess of the standards and regulations of the FCC, including, but not limited to, the FCC Office of Engineering Technology Bulletin 65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended.

(q)

Historic buildings or districts. Tower-based WCFs shall not be located upon a property within 300 feet of or on a building or structure that:

[1]

Is listed on either the National or Pennsylvania Registers of Historic Places; or

[2]

Is eligible to be so listed; or

[3]

Is included in the official historic structures and/or historic districts list maintained by the Township; or

[4]

Has been designated by the Township to be of historical significance.

(r)

Signs. All tower-based WCFs shall post a sign in a readily visible location identifying the name and phone number of a party to contact in the event of an emergency. The only other signage permitted on the WCF shall be those required by the FCC or any other federal or state agency.

(s)

Lighting. No tower-based WCF shall be artificially lighted, except as required by law. If lighting is required by law, the WCF applicant shall provide a detailed plan for sufficient lighting, demonstrating as unobtrusive and inoffensive an effect as is permissible under state and federal regulations. The WCF applicant shall promptly report any outage or malfunction of FAA-mandated lighting to the appropriate governmental authorities and to the Township Secretary.

(t)

Noise. Tower-based WCFs shall be operated and maintained so as not to produce noise in excess of applicable noise standards under state law and the Township Code, except in emergency situations requiring the use of a backup generator, where such noise standards may be exceeded on a temporary basis only.

(u)

Aviation safety. Tower-based WCFs shall comply with all federal and state laws and regulations concerning aviation safety.

(v)

Retention of experts. The Township may hire any consultant(s) and/or expert(s) necessary to assist the Township in reviewing and evaluating the application for approval of the tower-based WCF and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of this Ordinance. The WCF applicant and/or owner of the WCF shall reimburse the Township for all costs of the Township's consultant(s) in providing expert evaluation and consultation in connection with these activities.

(w)

Timing of approval. Within 30 calendar days of the date that an application for a tower-based WCF is filed with the Township, the Township shall notify the WCF applicant in writing of any information that may be required to complete such application. All complete applications for tower-based WCFs shall be acted upon within 150 days of the receipt of a fully completed application for the approval of such tower-based WCF, and the Township shall advise the WCF applicant in writing of its decision.

[1]

Timing of approval for SWF. Within 10 calendar days of the date that an application for a tower-based WCF that is also a SWF is filed with the Township, the Township shall notify the applicant in writing of any information that may be required to complete such application. The Township shall have 10 days from receipt of the additional information to issue a letter of completeness, or to request additional information as appropriate. Within 90 calendar days of receipt of a complete application, the Township shall make its final decision on whether to approve the application and shall advise the applicant in writing of such decision. If additional information was requested by the Township to complete an application, the time required by the applicant to provide the information shall not be counted toward the Township's ninety-day review period. If the application is subject to conditional use approval, such conditional use provisions will remain applicable to the application; however, the timing of approval shall not fall outside the timeline set forth in this section unless otherwise agreed upon by the applicant and the Township.

[Added 6-20-2019 by Ord. No. 04-2019]

(x)

Nonconforming uses. Nonconforming tower-based WCFs which are hereafter damaged or destroyed due to any reason or cause may be repaired and restored at their former location but must otherwise comply with the terms and conditions of this Ordinance.

(y)

Removal. Where use of a tower-based WCF is to be discontinued, the owner shall provide written notice to the Township of its intent to discontinue its use and the date when the use shall be discontinued. Unused or abandoned WCFs or portions of WCFs shall be removed as follows:

[1]

All unused or abandoned tower-based WCFs and accessory facilities shall be removed within six months of the cessation of operations at the site unless a time extension is approved by the Township.

[2]

If the WCF and/or accessory facility is not removed within six months of the cessation of operations at a site, or within any longer period approved by the Township, the WCF and accessory facilities and equipment may be removed by the Township and the cost of removal assessed against the owner of the WCF.

[3]

Any unused portions of tower-based WCFs, including antennas, shall be removed within six months of the time of cessation of operations. The Township must approve all replacements of portions of a tower-based WCF previously removed.

(z)

Permit fees. The Township may establish, by resolution, appropriate and reasonable permit fees directly related to the Township's actual costs in reviewing and processing the application for approval of a tower-based WCF, as well as related inspection, monitoring, and related costs.

(aa)

FCC license. Each person that owns or operates a tower-based WCF shall submit a copy of its current FCC license, including the name, address, and emergency telephone number for the operator of the facility.

(bb)

Reservation of rights. In accordance with applicable law, the Township reserves the right to deny an application for the construction or placement of any tower-based WCF for numerous factors, including, but not limited to, visual impact, design, and safety standards.

(cc)

Insurance. Each person that owns or operates a tower-based WCF greater than 40 feet in height shall provide the Township with a certificate of insurance evidencing general liability coverage in the minimum amount of $5,000,000 per occurrence and property damage coverage in the minimum amount of $5,000,000 per occurrence covering the tower-based WCF. Each person that owns or operates a tower-based WCF 40 feet or less in height shall provide the Township with a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering each tower-based WCF.

(dd)

Indemnification. Each person that owns or operates a tower-based WCF shall, at its sole cost and expense, indemnify, defend and hold harmless the Township, its elected and appointed officials, employees and agents, at all times against any and all claims for personal injury, including death, and property damage arising in whole or in part from, caused by or connected with any act or omission of the person, its officers, agents, employees or contractors arising out of, but not limited to, the construction, installation, operation, maintenance or removal of the tower-based WCF. Each person that owns or operates a tower-based WCF shall defend any actions or proceedings against the Township in which it is claimed that personal injury, including death, or property damage was caused by the construction, installation, operation, maintenance or removal of a tower-based WCF. The obligation to indemnify, hold harmless and defend shall include, but not be limited to, the obligation to pay judgments, injuries, liabilities, damages, reasonable attorneys' fees, reasonable expert fees, court costs and all other costs of indemnification.

(ee)

Engineer signature. All plans and drawings for a tower and Antenna shall contain a seal and signature of a professional structural engineer, licensed in the Commonwealth of Pennsylvania.

(ff)

(2)

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

(a)

Development regulations.

[1]

Location. Tower-based WCF are permitted outside the public rights-of-way by conditional use in the MU Mixed-Use District and the CS/LI Commercial Service/Limited Industrial District.

[Amended 6-20-2019 by Ord. No. 04-2019]

[a]

No tower-based WCF shall be located within 75 feet of any underground utilities or underground utility easements.

[b]

Only tower-based WCFs greater than 40 feet in height shall be permitted by conditional use in the following zoning districts:

[i]

MU Mixed-Use.

[ii]

CS/LI Commercial Service/Limited Industrial.

[2]

Sole use on a lot. A tower-based WCF shall be permitted as a sole use on a lot, provided that the underlying lot is a minimum of 6,000 square feet and meets the minimum lot area of the district in which it is located. The minimum distance between the base of a tower-based WCF and any adjoining property line or street right-of-way line shall equal 110% of the proposed height of the tower-based WCF unless it is demonstrated to the reasonable satisfaction of the Board that, in the event of failure, the WCF is designed to collapse upon itself within a setback area less than the required minimum setback without endangering such adjoining property uses, their occupants, pedestrians, or traffic.

[3]

Combined with another use. A tower-based WCF may be permitted on a property with an existing use, or on a vacant parcel in combination with another use, except residential, subject to the following conditions:

[a]

The existing use on the property may be any permitted use in the applicable district and need not be affiliated with the WCF.

[b]

Minimum lot area. The minimum lot shall comply with the requirements for the applicable district and shall be the area needed to accommodate the tower-based WCF and guy wires, the equipment building, security fence, and buffer planting if the proposed WCF is greater than 40 feet in height.

[c]

Minimum setbacks. The minimum distance between the base of a tower-based WCF and any adjoining property line or street right-of-way line shall equal 110% of the proposed height of the tower-based WCF unless it is demonstrated to the reasonable satisfaction of the Board that, in the event of failure, the WCF is designed to collapse upon itself within a setback area less than the required minimum setback without endangering such adjoining property uses, their occupants, pedestrians, or traffic.

(b)

Design regulations.

[1]

The tower-based WCF shall employ the most current stealth technology available in an effort to appropriately blend into the surrounding environment and minimize aesthetic impact. Application of the stealth technology chosen by the WCF applicant shall be subject to the approval of the Township.

[2]

To the extent permissible by law, any height extensions to an existing tower-based WCF shall require prior approval of the Township.

[3]

Any proposed tower-based WCF shall be designed structurally, electrically, and in all other respects to accommodate both the WCF applicant's antennas and comparable antennas for future users.

[4]

Any tower-based WCF over 40 feet in height shall be equipped with an anti-climbing device, as approved by the manufacturer.

(c)

Surrounding environs.

[1]

The WCF applicant shall ensure that the existing vegetation, trees and shrubs located within proximity to the WCF structure shall be preserved to the maximum extent possible.

[2]

The WCF applicant shall submit a soil report to the Township complying with the standards of Appendix I: Geotechnical Investigations, ANSI/EIA-222-E, as amended, to document and verify the design specifications of the foundation of the tower-based WCF and anchors for guy wires, if used.

(d)

Fence/screen.

[1]

A security fence having a minimum height of six feet and a maximum height of eight feet shall completely surround any tower-based WCF greater than 40 feet in height, as well as guy wires, or any building housing WCF equipment.

[2]

Landscaping. Landscaping shall be required to screen as much of a newly constructed tower-based WCF as possible. The Board may permit any combination of existing vegetation, topography, walls, decorative fences or other features instead of landscaping if, in the discretion of the Board, they achieve an equivalent degree of screening. Existing vegetation shall be preserved to the maximum extent possible.

(e)

Accessory equipment.

[1]

Ground-mounted related equipment associated to, or connected with, a tower-based WCF shall be placed underground or screened from public view using Stealth Technologies, as described above.

[2]

All related equipment, utility buildings and accessory structures shall be architecturally designed to blend into the environment in which they are situated and shall meet the minimum setback requirements of the underlying zoning district.

(f)

Access road. An access road, turnaround space and parking shall be provided to ensure adequate emergency and service access to a tower-based WCF. Maximum use of existing roads, whether public or private, shall be made to the extent practicable. Road construction shall at all times minimize ground disturbance and the cutting of vegetation. Road grades shall closely follow natural contours to assure minimal visual disturbance and minimize soil erosion. Where applicable, the WCF owner shall present documentation to the Township that the property owner has granted an easement for the proposed facility.

(g)

Parking. For each tower-based WCF greater than 40 feet in height, there shall be two off-street parking spaces.

(h)

Inspection. The Township reserves the right to inspect any tower-based WCF to ensure compliance with the Zoning Ordinance and any other provisions found within the Township Code or state or federal law. The Township and/or its agents shall have the authority to enter the property upon which a WCF is located at any time, upon reasonable notice to the operator, to ensure such compliance.

(3)

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

(a)

Location and development standards.

[1]

Such tower-based WCFs shall not be located in any public rights-of-way which directly front or abut the front yard setback area of a residential dwelling.

[2]

Only tower-based WCF that are 50 feet or shorter in height are permitted in the public rights-of-way, by conditional use approval, along the following corridors and roadways, regardless of the underlying zoning districts:

[Amended 6-20-2019 by Ord. No. 04-2019]

[a]

Bondsville Road;

[b]

Corner Ketch Road;

[c]

Creek Road;

[d]

Dilworth Road;

[e]

East Reeceville Road;

[f]

Hopewell Road;

[g]

Horseshoe Pike (Rt. 322);

[h]

Little Washington Road;

[i]

North Guthriesville Road;

[j]

Rock Raymond Road; and

[k]

Zynn Road.

[3]

Such tower-based WCFs shall be permitted along the above-listed roads; however, they shall not be located along such roads in areas specifically designated as scenic road segments, within 50 feet of contributory features or within 50 feet of vista points as shown on the Scenic Resources Map of East Brandywine Township, dated April 2, 2009, and as thereafter amended.

[4]

Tower-based WCFs may not be located upon any right-of-way within 300 feet of or on a building or structure that:

[a]

Is listed on either the National or the Pennsylvania Register of Historic Places; or

[b]

Is eligible to be so listed; or

[c]

Is listed on the official historic structures and/or historic districts list maintained by the Township; or

[d]

Has been designated by the Township to be of historical significance.

(b)

Time, place and manner. The Township shall determine the time, place and manner of construction, maintenance, repair and/or removal of all tower-based WCFs in the right-of-way based on public safety, traffic management, physical burden on the right-of-way, and related considerations. For public utilities, the time, place and manner requirements shall be consistent with the police powers of the Township and the requirements of the Public Utility Code.

(c)

Equipment location. Tower-based WCFs and related equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic or to otherwise create safety hazards to pedestrians and/or motorists or to otherwise inconvenience public use of the ROW as determined by the Township. In addition:

[1]

In no case shall ground-mounted equipment, walls, or landscaping be located within 18 inches of the face of the curb.

[2]

Ground-mounted equipment that cannot be placed underground shall be screened, to the fullest extent possible, through the use of landscaping or other decorative features to the satisfaction of the Township.

[3]

Required electrical meter cabinets shall the screened to blend in with the surrounding area to the satisfaction of the Township.

[4]

Any graffiti on the tower or on any related equipment shall be removed at the sole expense of the owner within 10 business days of notice from the Township of the existence of the graffiti.

[5]

Any underground vaults related to tower-based WCFs shall be reviewed and approved by the Township.

(d)

Design regulations.

[Amended 6-20-2019 by Ord. No. 04-2019]

[1]

The tower-based WCF shall employ the most current stealth technology available in an effort to appropriately blend into the surrounding environment and minimize aesthetic impact. The application of the stealth technology chosen by the WCF applicant shall be subject to the approval of the Township.

[2]

Any proposed tower-based WCF shall be designed structurally, electrically, and in all other respects to accommodate both the WCF applicant's antennas and comparable antennas for future users.

(e)

Relocation or removal of facilities. Within 60 days following written notice from the Township, or such longer period as the Township determines is reasonably necessary or such shorter period in the case of an emergency, an owner of a tower-based WCF in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any WCF when the Township, consistent with its police powers and applicable Public Utility Commission regulations, shall determine that such removal, relocation, change or alteration is reasonably necessary under the following circumstances:

[1]

The construction, repair, maintenance or installation of any Township or other public improvement in the right-of-way;

[2]

The operations of the Township or other governmental entity in the right-of-way;

[3]

Vacation of a street or road or the release of a utility easement; or

[4]

An emergency as determined by the Township.

(f)

Reimbursement for right-of-way use. In addition to permit fees as described in this Ordinance and established by resolution of the Board of Supervisors, every tower-based WCF in the right-of-way is subject to the Township's right to fix annually a fair and reasonable fee to be paid for use and occupancy of the right-of-way. Such compensation for right-of-way use shall be directly related to the Township's actual right-of-way management costs, including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other right-of-way management activities by the Township. The owner of each tower-based WCF shall pay an annual fee to the Township to compensate the Township for the Township's costs incurred in connection with the activities described above.

General and specific regulations for wireless communications facilities upon municipal use land or public use land.

(1)

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:

(a)

Where a previously approved tower-based WCF is located upon public land owned by the Township, antenna(s) of providers other than the entity owning the tower may co-locate on the tower if the proposed co-location meets all of the requirements set forth in the Pennsylvania Wireless Broadband Collocation Act, 53 P.S. § 11702.1.

(b)

When required by the Board, the tower-based WCF shall be architecturally screened and landscaped to simulate other structures existing in the Township, such as light poles, flagpoles, farm silos or trees (stealth features), and shall be painted one or more colors (blue, green or remain galvanized) as directed by the Board.

(c)

The location of the tower-based WCF within the public land owned by the Township shall be at the discretion of the Board should it grant approval of the conditional use application and shall be an express condition thereof.

(d)

The Township may enter into separate agreements and fee arrangements with tower-based WCF applicants beyond those permit fees and reimbursement costs set forth in previous sections of this Zoning Ordinance.

(2)

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:

(a)

The Board at its discretion can modify certain standards and regulations to allow a reasonable use of Township-owned property to accommodate non-tower WCFs.

(b)

Where a previously approved tower-based WCF or other wireless support structure is located upon public land owned by the Township, antenna(s) of providers other than the entity owning the tower may co-locate on the wireless support structure, if the proposed co-location meets all of the requirements set forth in the Pennsylvania Wireless Broadband Collocation Act, 53 P.S. § 11702.1.

(c)

Subject to applicable law, the location of the non-tower WCF within the public land owned by the Township shall be at the discretion of the Township.

(d)

The Township may enter into separate agreements and fee arrangements with non-tower-based WCF applicants beyond those permit fees and reimbursement costs set forth in previous sections of this Zoning Ordinance.

Consistency with state and federal laws and regulations. The provisions contained herein regulating wireless communications facilities are intended to comply with federal and state laws and regulations in effect as of the date of adoption of this section. To the extent that any of the provisions in this section conflict with any federal or state statute or regulations, the federal or state statutes or regulations shall control unless the applicable federal or state statutes or regulations allow for more stringent provisions in local ordinances. In which case, the more stringent provisions of local ordinances shall remain in effect and shall control in such instances.

[Amended 6-20-2019 by Ord. No. 04-2019]

[1]

Editor's Note: This ordinance also repealed former § 399-101, Communications towers, antenna and equipment, added 6-20-2001 by Ord. No. 01-01.

§ 399-102 Convenience stores.

[Added 6-19-2002; amended 10-17-2007 by Ord. No. 10-2007]

The following standards shall apply to any convenience store, as defined and specifically permitted by this chapter. The standards in this section shall supersede similar standards that may be contained in the zoning district in which a convenience store is permitted. Standards in the base zoning district that are not addressed in this section shall be applicable to the convenience store use.

Minimum lot area. A net lot area of not less than two acres shall be required for any convenience store.

[Amended 3-6-2008 by Ord. No. 03-2008]

Floor area. The maximum floor area of a convenience store shall be 6,000 square feet. The minimum floor area of a convenience store shall be 3,000 square feet.

[Amended 3-6-2008 by Ord. No. 03-2008]

Lighting. As required by § 399-83.

Hours of operation. There shall be no limit on the operating hours of a convenience store. During the hours of 10:00 p.m. to 6:00 a.m. and on Sundays and legal holidays, however, the restrictions against noise contained in § 399-84 of this chapter shall be strictly applied. No deliveries to the site or trash removal from the site shall occur during these times.

Curb cuts and corner radius: as required by § 399-90I.

Gasoline pump setbacks: as required by § 399-90B.

Gasoline deliveries: as required by § 399-90G.

Landscaping and buffering: as required by § 399-90H. In addition, the Township may require supplemental fencing, consisting of materials and dimensions it deems appropriate, along any property line that abuts a residential use or residentially zoned property.

Property management and mitigation of off-site impacts.

(1)

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

(2)

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.

(3)

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

(4)

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

Fueling positions. Where a convenience store offers the retail sale of automotive fuel, the maximum number of fueling positions, each containing one dispensing hose, shall be limited to one per 500 square feet, or portion thereof, of convenience store floor area. In no case, however, shall the number of fueling positions exceed 12.

Architectural treatment. The applicant shall demonstrate that the proposed design of the building facade and related canopy or other structural elements on the property will minimize incompatibility with the character of existing buildings in the VC District and other immediately adjacent properties. Where the architectural history of the site and its immediate vicinity has been researched and documented, the Township may provide such information to the applicant and examine the proposed structures in relation to the documented history.

Maximum impervious surface area. Not more than 65% of the net area of any lot may be covered by impervious surfaces.

[Added 3-6-2008 by Ord. No. 03-2008]

§ 399-102.1 (Reserved) [1]

[1]

Editor's Note: Former § 399-102.1, Woodland protection and logging standards, added 12-30-2004 by Ord. No. 04-22 and amended 2-8-2015 by Ord. No. 01-2015; 11-29-2018 by Ord. No. 05-2018, was repealed 8-7-2025 by Ord. No. 01-2025 and 4-16-2026 by Ord. No. 02-2026. See now Ch. 165, Forestry Regulations.

§ 399-102.2 Day-care facility.

[Added 10-19-2005 by Ord. No. 4-2005]

Where permitted and approved as a special exception, or where permitted as a conditional use in the TND-1 District or the TND-2 Overlay District, a day-care facility proposed as a principal use providing day care for more than six children or adults who are not relatives of the caregiver shall comply with the standards of this section.

[Amended 10-1-2015 by Ord. No. 07-2015]

Any such facility shall hold any required federal or state license and certificate and shall meet all current state or federal regulations including standards governing adequate indoor space, accessible outdoor play space, and any applicable state or local building and firesafety codes. Any such facility shall be fully protected by smoke detectors and fire extinguishers.

There shall be one off-street parking space provided for each employee and one safe passenger unloading space measuring 10 feet by 20 feet for each six children that the facility is licensed to accommodate.

When an off-premises outdoor play area is proposed to be utilized, it must be located within 1,000 feet and safely accessible without crossing at grade any arterial street or other hazardous area.

The outdoor play area required by state licensing shall be surrounded by a safety fence or natural barrier.

Outside play shall be limited to the hours between 8:00 a.m. and 7:00 p.m.

Where the property to be occupied by the proposed day-care facility has frontage on an arterial or collector street, as designated by the Township, the Zoning Hearing Board shall evaluate the building location and may, as it deems appropriate for purposes of safety, access, and compatibility with surrounding properties, require a larger setback dimension from the arterial or collector street than is otherwise required by the base zoning district.

Where the proposed lot abuts a residential zoning district or existing residential use, the applicant shall submit plans for vegetative screening along such lot line(s), with such plans subject to approval or modification by the Zoning Hearing Board.

The proposed means of vehicular access to the lot shall be reviewed by the Township Engineer, who shall make a recommendation to the Zoning Hearing Board regarding safety, adequacy of ingress and egress, and internal circulation.

Sewage facilities shall be provided to the site in accordance with the requirements of the Pennsylvania Department of Environmental Protection and the Chester County Health Department.

[Added 3-4-2010 by Ord. No. 05-2010]

Fencing shall be provided, as necessary, to protect occupants from hazardous areas such as open drainage ditches, wells, holes, and arterial and major collector roads. Natural or physical barriers may be used in place of fencing, so long as such barriers functionally restrict occupants from these areas.

[Added 3-4-2010 by Ord. No. 05-2010]

Day-care facilities shall not provide medical or personal care services which extend beyond simple first aid and assistance with dressing, bathing, diet, and medication prescribed for self-administration, unless the facility is licensed by the Pennsylvania Department of Public Welfare to provide such additional services.

[Added 3-4-2010 by Ord. No. 05-2010]

The applicant shall submit a plan showing existing or proposed outdoor play areas, outdoor play equipment, fencing, access drives, adjacent streets, adjacent hazardous land uses, on-site hazardous areas (as described above), delivery areas, parking spaces, and the child dropoff circulation pattern.

[Added 3-4-2010 by Ord. No. 05-2010]

Where a day-care facility is permitted as a conditional use, it shall adhere to the standards of Subsections A through M, above. In addition, such facility shall provide no direct pedestrian access to, and shall have no outdoor play space adjacent to, Route 322 (Horseshoe Pike), Bondsville Road or East Reeceville Road.

[Added 7-16-2014 by Ord. No. 02-2014]

§ 399-102.3 Vehicle towing service.

[Added 10-19-2005 by Ord. No. 4-2005]

Where permitted under the terms of this chapter, a vehicle towing service shall comply with the following regulations:

Where a vehicle towing service is located on a lot adjacent to a residential zoning district or residential use, there shall be a setback from the adjacent residential zoning district boundary or residential use lot line of at least 100 feet, screened in accordance with § 399-79.

Wherever the lot containing a vehicle towing service abuts a public or private street, the portion(s) of the lot abutting the public or private street shall contain screening material that complies with the standards in § 399-79.

Where a portion of the lot is used as an impoundment area, such area shall be enclosed within a wall or fence at least eight feet in height that is at least 90% solid or opaque.

No more than two adjoining rows of stored vehicles shall be permitted.

There shall be provided at least a twelve-foot wide accessway which shall be kept free and clear at all times to provide for access to all parts of the premises for firefighting and other safety or emergency purposes.

The maximum amount of time that any vehicle may be impounded on the property shall be 30 days.

Where the property containing a vehicle towing service is adjacent to a residential use, the operator will seek to minimize off-site impacts from noise and related disturbance by limiting the delivery and off-loading of towed or transported vehicles during other than regular business hours.

Lighting of any vehicle impoundment area shall be provided. Such lighting shall provide a minimum illumination level of 1/2 footcandle. All lighting shall be so designed to prevent direct glare onto adjacent dwelling units. Shielding shall be designed to eliminate direct light and glare beyond an angle of 35° from the vertical plane of the lighting fixture.

§ 399-102.4 Continuing care facility.

[Added 10-19-2005 by Ord. No. 4-2005; amended 4-19-2006 by Ord. No. 01-2006; 4-16-2026 by Ord. No. 02-2026]

A continuing care facility shall be as defined by this chapter.

In a continuing care facility, a building or buildings may be erected, altered or used and a lot or premises may be used or occupied for any of the following individual or combination of uses:

(1)

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.

(2)

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.

(3)

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.

(4)

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.

(5)

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.

(6)

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.

Minimum tract area. A continuing care facility shall require a minimum gross tract area of 10 acres.

The residents must be at least 55 years of age, except that:

(1)

Spouses of residents may be less than 55 years old;

(2)

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

(3)

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

The continuing care facility shall be developed in accordance with the following standards:

(1)

Water and sewage facilities.

(a)

A continuing care facility shall be serviced by a central water supply system.

(b)

A continuing care facility shall be served by a community sewage system, consistent with the Township Act 537 Plan.

(2)

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:

(a)

Each independent living unit/cottage: one dwelling unit.

(b)

Assisted-care facility: each bed = 1/2 dwelling unit.

(c)

Skilled-care facility: each bed = 1/2 dwelling unit.

(3)

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

(4)

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

(5)

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.

(6)

Setbacks. The following minimum setbacks shall be observed:

(a)

Independent living apartment buildings, skilled care facilities, assisted care facilities, and accessory uses: 50 feet from any perimeter property line of the continuing care facility, including any perimeter public street right-of-way.

(b)

Independent living cottage and accessory uses: 40 feet from any perimeter property line of the continuing care facility, and 50 feet from any perimeter public street right-of-way.

(c)

Where the tract abuts an agricultural use, the minimum setbacks in Subsection E(6)(a) and (b), above, shall be increased to 100 feet.

(7)

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

(8)

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.

(9)

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.

(10)

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.

(11)

Access to structures.

(a)

Every building erected shall be on a lot adjacent to a public street or have access to an approved internal driveway network.

(b)

All structures shall be located so as to provide safe and convenient access for servicing fire protection and off-street parking.

(c)

Sidewalks shall be provided, in locations as deemed appropriate by the Board, to assure adequate pedestrian access to buildings, parking areas, accessory uses, community services and facilities, and recreation and open space areas. Sidewalk construction shall conform to the standards in § 350-43 of Chapter 350, Subdivision and Land Development.

(d)

Wheelchair access shall be provided to all dwellings and all accessory uses.

(12)

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

	Function	Minimum Cartway Width (feet)
	One-way traffic, no parking	9
	Two-way traffic, no parking	18
	One-way traffic, parallel parking on one side	18
	Two-way traffic, parallel parking on one side	27
	One-way traffic, parallel parking on two sides	34

(13)

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

(a)

Independent dwelling units. One and one-half spaces for each independent dwelling, plus one space for every five independent dwelling units to be used primarily by visitors to such units. For the purposes of calculating parking requirements for single-family units, a garage shall not be considered a parking space.

(b)

Apartment dwelling units. One and one-half spaces for each apartment dwelling unit.

(c)

Assisted care, skilled care, and personal care facilities. One space for every four beds in such facilities.

(d)

Staff parking. One space for each staff doctor.

(e)

Employee parking. One space for each employee working on the largest shift.

§ 399-102.5 Solar energy facilities.

[Added 2-7-2013 by Ord. No. 01-2013]

Statement of intent. It is the intent of this section to allow for the safe use of solar energy systems within the Township while providing simple guidelines to minimize any negative impacts on residents or properties throughout the Township. These may include, but are not limited to, matters of public safety, glare, and stormwater management. The requirements of this section are not intended to hinder the ability of citizens to supplement their energy supply through the proper use of solar energy systems. Use of solar energy systems, in accordance with these regulations, is supported and encouraged within the Township. This section also establishes standards for the safe and appropriate operation of solar farms.

The following development and design standards shall be applied to the construction and installation of any solar energy system:

(1)

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

(2)

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.

(3)

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.

(4)

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.

(5)

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.

(6)

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.

(7)

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

(8)

Additional standards for roof-mounted solar energy systems.

(a)

A roof-mounted solar energy system may be mounted on a principal or accessory building. The system shall in no place hang off or extend beyond the edge of the roof. For sloped roofs, the system shall not extend higher than the current peak of the roof. For flat roofs, the system shall not extend higher than five feet vertically above the roof and shall not be higher than the maximum allowable height for buildings in the applicable zoning district. The system shall not be placed on a front roof unless the Zoning Officer determines that this represents the only feasible location where a solar energy system would be functional.

(b)

An applicant for any roof-mounted solar energy system with a pitch different from the roof (not flush-mounted) must, as part of the building permit application, submit justification for the proposed design and demonstrate: [i] how the design will accommodate potential impact from snow and wind; and [ii] how any potential off-site impact from glare will be mitigated. Such documentation shall be prepared by a professional or professionals acceptable to the Township.

(c)

For any proposed roof-mounted solar energy system, the building permit application shall include certification of its structural integrity, prepared by a professional or professionals acceptable to the Township.

(d)

For roof-mounted systems, an effort shall be made to make the wiring and hardware blend in with the roof and building facade.

(9)

Additional standards for ground-mounted solar energy systems.

(a)

A ground-mounted solar energy system shall comply with the same setback requirements as an accessory building in the applicable zoning district. The system shall not be taller than 15 feet.

(b)

A ground-mounted solar energy system shall not be located in a front yard.

(c)

Where a ground-mounted solar energy system is proposed to be located in a residential zoning district and/or adjacent to a residential use, such system shall be screened from view from adjacent properties in the neighborhood that could be impacted by glare from the system. Screening may be accomplished by vegetation, fences, or walls in accordance with the terms of this chapter. The Township may require the applicant to submit a glare study, in sufficient detail to determine whether screening will be required, and may further require such study to address specific areas of concern, such as road segments or neighborhoods that could be particularly susceptible to glare from the proposed system.

(d)

All wiring for ground-mounted solar energy systems carrying electric current shall, to the maximum extent practicable, be buried underground to ensure safety. All wiring shall comply with the appropriate version of the National Electric Code.

(e)

The surface area of a ground-mounted solar energy system shall be considered impervious surface and subject to the applicable terms of this chapter. The surface area of the panel or panel array shall be calculated as the area of the shadow cast on the ground by the panel(s) with the sun directly overhead. Impervious areas constructed as part of the solar installation that are outside of the calculated shadow area shall be added to the impervious calculation to determine total impervious area.

Passive solar energy systems installed during the construction of a building that do not include solar panels are not subject to the terms of this section. If improvements are being made to a building to increase its use of passive solar energy, a building permit may be required.

Solar energy systems installed prior to enactment of this section are not required to comply with the terms of this section. However, any expansion of these systems at any point shall then require the updated system to be in compliance with this section.

The following standards shall be applied to the installation and construction of any solar farm:

(1)

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.

(2)

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

(3)

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.

(4)

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

(5)

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

(6)

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.

(7)

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

(a)

A descriptive plot plan that includes setbacks, property lines, roads/rights-of-way, buildings, number of solar panels, solar panel size, and impervious surface coverage calculation.

(b)

An application for a solar farm that is to be connected to the electric grid may not be approved until written evidence is provided to the Township showing a written notice has been provided to the local electrical distribution utility company notifying them of the applicant's intentions to build an interconnected customer-owned solar farm.

(c)

If the applicant is not the property owner, an affidavit or other satisfactory evidence of agreement between the applicant and property owner confirming that the former has the permission to apply for conditional use approval is required.

(d)

The applicant shall provide any other relevant studies, reports, or approvals as may be reasonably requested by the Township.

(e)

A decommissioning plan, detailing the expected duration of the solar farm and how the facility will be deconstructed once it is no longer in use, shall accompany the application. The applicant shall provide financial security in a form and amount suitable to the Township to guarantee the removal of the equipment when its useful lifespan has been reached.

(f)

Solar panels shall be placed such that concentrated solar radiation or glare shall not be directed onto nearby properties or roadways. The Township may require the applicant to submit a glare study in sufficient detail to demonstrate that this standard can be met. The glare study shall be consistent with the terms of Subsection B(9)(c) of this section and may be a basis to deny the conditional use application if deemed inadequate by the Board of Supervisors.

(g)

A solar farm shall be sited in such a way that it presents no threat to traffic or to public health and safety.

(8)

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.

§ 399-102.6 Age-qualified residential community.

[Added 6-21-2018 by Ord. No. 01-2018; amended 11-29-2018 by Ord. No. 05-2018]

An age-qualified residential community shall be as defined in Chapter 300 of the Code of East Brandywine Township.

In an age-qualified residential community, a building or buildings may be erected, altered or used and a lot or premises may be used or occupied for any of the following individual or combination of uses when approved as a conditional use by the Board of Supervisors:

(1)

Single-family detached dwelling.

(2)

Multifamily townhouse (single-family attached).

(3)

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.

Minimum net tract area. An age-qualified residential community shall require a minimum net tract area of 75 acres.

Maximum density and intensity of use.

(1)

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.

(2)

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.

Water and sewer service.

(1)

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.

(2)

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:

(a)

The standards of this section;

(b)

The regulations of the East Brandywine Township Municipal Authority; and

(c)

The water supply requirements of Chapter 350, Subdivision and Land Development, of the Code of East Brandywine Township.

Area and bulk regulations for dwellings.

[Amended 2-7-2019 by Ord. No. 01-2019]

(1)

Lot regulations shall be as follows:

Type of Dwelling	Gross Lot Area (Minimum)	Net Lot Area (Minimum)	Lot Width (Minimum)	Maximum Impervious Coverage
Single-family detached	6,000 square feet	5,000 square feet	60 feet	55% of gross lot area*
Multifamily townhouse	3,200 square feet [equivalent lot size]	3,200 square feet [equivalent lot size]	24 feet	N/A

*	No single-family detached lot shall have more than 55% of impervious coverage, or 4,000 square feet of impervious coverage, whichever is less.

(2)

Minimum setbacks shall be as follows:

Type of Dwelling	Front Yard	Side Yard	Rear Yard
Single family detached	20 feet**	7.5 feet	25 feet
Multifamily townhouse	20 feet	7.5 feet**	25 feet

**	There shall be a minimum separation between buildings of 20 feet.

(3)

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.

Maximum building height. The maximum height of all buildings shall be 35 feet.

Street and sidewalk specifications. In recognition of the fact that development of an age-qualified residential community results in a more compact layout than traditional residential development, streets and sidewalks in an age-qualified residential community shall comply with the following standards, which shall control over any inconsistent standard in any applicable land use ordinance:

(1)

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

(2)

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

(3)

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.

(4)

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

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 and the applicable standards of § 399-58C(5), as well as § 350-50. Common open space areas may include primary conservation areas, provided that primary conservation areas shall not constitute more than 35% of the common open space provided.

(1)

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.

(2)

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.

[Amended 2-7-2019 by Ord. No. 01-2019]

(3)

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

(a)

The land is being used solely as a trail connector between areas of open space and/or residential development.

(b)

Common ownership by an association comprised of the owners of the lots or dwellings within the age-qualified residential community, such homeowners' association to be formed pursuant to the Uniform Planned Community Act, 68 P.S. § 5101 et seq. The declaration and other governing documents for the homeowners' association shall be in form and content acceptable to the Township. The declaration shall include an open space management plan for the common open space.

(c)

At the discretion of the Board of Supervisors, dedication to the Township or another public or nonprofit entity acceptable to the Board; provided, nonetheless, that where ownership of an area of common open space is conveyed to the Township for use by it, that area shall not be deducted from the common open space in the age-qualified residential community for the purposes of meeting the minimum requirements for such open space.

(4)

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.

(5)

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

(a)

Cultivation of nursery stock or orchard trees;

(b)

Woodland, meadow, wetland, or similar conservation purpose;

(c)

Park or outdoor recreation area;

(d)

Amenities such as, but not limited to, a community center;

(e)

Trail or pathway corridors, the use of which shall be limited to pedestrian and nonmotorized bicycles;

(f)

Community subsurface land application wastewater systems, when in compliance with the terms of § 102.6I(6), below.

(g)

Stormwater management facilities serving the development, when in compliance with the terms of § 399-102.6I(6), below; and

(h)

Required buffer areas between any residential lot line and the right-of-way line of any street existing at the time of application.

(6)

Sewage and stormwater management facilities.

(a)

Subsurface facilities for the land disposal of treated sewage effluent including drip irrigation or seepage beds acceptable to the Township and the East Brandywine Township Municipal Authority, when consistent with the Township Sewage Facilities (Act 537) Plan, and subject to review and approval by the Township Engineer, the Municipal Authority Engineer, the Chester County Health Department, and/or the Pennsylvania Department of Environmental Protection. Such systems may include underground holding tanks and surface ponds for storage of treated sewage effluent and associated monitoring wells and equipment. Sewage-related mechanical facilities (grinder pumps, sand filters, etc.) and elevated sand mounds or other types of systems that change the grading of the natural ground surface, have components that project above the ground surface, and/or spray treated effluent on the ground surface shall not be permitted within areas of common open space;

(b)

The following may be included within, and may be calculated as part of, common open space areas: areas devoted to stormwater management techniques utilizing green technology best management practices, as defined by this chapter, including areas designed to achieve sustained or enhanced groundwater recharge, bioretention, and infiltration, but excluding detention or retention basins.

(c)

The Board of Supervisors, at its sole discretion, may reduce or eliminate the eligibility of land used for such facilities to be included in the calculation of required minimum open space area where it determines that such facilities could cause the affected open space to be unsuitable and ineligible for other open space uses provided in § 399-102.6I(5), above.

(d)

No sewage or stormwater management facilities shall be located in any primary conservation area; no such facilities shall be located in any woodland unless specifically authorized by the Board of Supervisors.

(e)

Where necessary in relation to sewage facilities and/or stormwater management facilities located within common open space, easements shall be established to enable maintenance of such facilities by appropriate parties. Such easements shall be subject to review and approval by the Township and Municipal Authority Solicitor, and may be included within and calculated as part of the required common open space.

(f)

All sanitary sewage facilities necessary to provide public sewer service to the age-qualified residential community, including mains, pumping stations and facilities for disposal of treated sanitary sewage effluent shall be offered for dedication to the East Brandywine Township Municipal Authority or private utility providing service to the community.

(g)

Except where specifically approved by the Board of Supervisors, no area devoted to community sewage facilities or any stormwater management facilities or techniques may be included in any common open space area owned by East Brandywine Township or by any recreation authority of which the Township is a member.

(7)

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.

(8)

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.

(9)

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

(10)

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

(11)

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.

The design standards set forth in § 399-29, Design standards, of the Code shall apply to any age-qualified residential community.

§ 399-102.7 Medical marijuana grower/processor and dispensary.

[Added 8-1-2019 by Ord. No. 06-2019]

The following standards shall apply to any medical marijuana grower/processor or dispensary, where such use is permitted as a conditional use under the terms of this chapter.

Medical marijuana grower/processor.

(1)

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.

(2)

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

(3)

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

(4)

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

(5)

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

(6)

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.

(7)

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.

(8)

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.

(9)

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

Medical marijuana dispensary.

(1)

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.

(2)

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

(3)

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

(4)

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.

(5)

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

(6)

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

(7)

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.

(8)

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

(9)

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.

(10)

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.

(11)

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.

§ 399-102.8 Restaurants.

[Added 4-16-2026 by Ord. No. 02-2026]

For any restaurant the applicant shall propose and carry out measures, deemed satisfactory to the Board, that assure compliance with the following requirements:

Food and/or beverage is not to be consumed within the parking area or any other exterior portion of the restaurant site.

Trash shall be managed as to prevent any problems of littering, on the site.

Noise and lighting shall be controlled so as to avoid any impact on adjacent residential properties.

§ 399-102.9 Data centers.

[Added 7-16-2026 by Ord. No. 04-2026]

The following standards shall apply to any data center where such use is permitted as a conditional use under the terms of this chapter.

Minimum lot size: Data centers over 100,000 square feet in gross floor area shall have a minimum lot area of five acres.

Minimum setbacks: Data center principal buildings, data center accessory uses, and truck idling areas shall have a minimum setback from all property lines of 250 feet, with the exceptions of utility lines, fiber optic lines, and security stations.

All roof-mounted equipment shall be visually screened by a continuous opaque barrier at least as high as the tallest piece of roof-mounted equipment.

The applicant for a data center shall provide an Energy Usage Plan with the conditional use application. The Energy Usage Plan shall provide or identify, at a minimum:

(1)

Annual electricity demand.

(2)

Energy supply sources that will be utilized.

(3)

Energy storage capacity (if applicable).

(4)

Proposed sources of back-up power.

(5)

Documentation of efforts to maximize use of renewable and/or clean energy for all electrical and cooling needs, including those to reduce the need for new electric generation by incorporating the best available energy efficiency into the design of data center servers, cooling units, and the building structure.

(6)

The Energy Usage Plan will be prepared and certified by a professional engineer. The plan shall be subject to review and comment by the Township. The Township shall have the right to require supplemental or amended plans based upon comments by the Township prior to any conditional use approval.

Diesel generators shall meet Tier 4 emission standards of the U.S. Environmental Protection Agency.

Back-up power generators shall undergo annual testing, and reports shall be provided to the Township upon request to ensure that data center equipment is performing as designed and that emissions from the data center do not exceed permitted limits.

Use of back-up power generators for peak shaving or supplying power to the grid is prohibited. The applicant shall design and locate emergency energy generation systems to ensure compliance with the noise standards described in this chapter at § 399-84.

Data centers and data center accessory uses shall be served by a public water supply defined as 1) a public utility holding a valid certificate of public convenience issued by the Pennsylvania Public Utility Commission; or 2) a municipal authority or other governmental entity created pursuant to the laws of the Commonwealth of Pennsylvania, including but not limited to an authority formed under the Pennsylvania Municipality Authorities Act.[1]

[1]

Editor's Note: See 53 Pa.C.S.A. § 5601e.

Data centers shall be designed to include a closed-loop water circulation system to cool data center processing equipment. An applicant may propose an alternative cooling system that can be demonstrated to use less water and energy than closed-loop systems to the satisfaction of the Township Engineer.

The applicant shall submit certified documentation that the owner of the public water supply system has the capacity to supply the water needed.

A Thermal Impact Mitigation Plan shall be submitted with the conditional use application, including, at a minimum:

(1)

Identification of primary sources of waste heat (air- and water-based).

(2)

Evaluation of potential off-site thermal impacts (including plume/heat discharge and localized heat islands) under representative seasonal conditions.

(3)

Description of design measures to minimize heat impacts (e.g., equipment siting, shielding, landscaping, cool roofs/paving where applicable).

(4)

Evaluation of feasible opportunities for waste ·heat reuse. Where reuse is not feasible, the reason(s) why should be given, in which case alternative mitigation shall be identified (e.g., vegetative or green roof and/or site design modifications).

(5)

Inclusion of a monitoring/verification approach if required by conditions of approval based on proximity to sensitive receptors or site constraints.

(6)

The Plan shall be prepared and certified by a professional engineer.

(7)

The Thermal Impact Mitigation Plan shall be subject to review and comment by the Township. The Township shall have the right to require supplemental or amended plans based upon comments by the Township prior to any conditional use approval.

An Electronic Waste Plan shall be submitted with the conditional use application outlining procedures for safe removal and recycling and/or disposal of server infrastructure, hazardous materials, batteries, electronic waste, and related products that meet all state and federal requirements, which will apply in cases when the equipment within the data center is updated or decommissioned. The Report shall be subject to review and comment by the Township. The Township shall have the right to require supplemental or amended reports based upon comments by the Township prior to any conditional use approval. The Electronic Waste Plan shall not provide for the on-site storage or accumulation of decommissioned electronic waste, except for temporary staging for a period not to exceed 30 days pending removal from the site.

The owner shall submit a notification of closure if operations are permanently ceased.

Hazardous materials, including batteries, fuel, or refrigerants, shall be disposed of in compliance with state and federal law within one year of cessation of data center operations, or upon notice of abandonment by the operator, whichever occurs first. An extension of one year may be granted by the Township if the property owner can demonstrate that they are actively marketing the site for a compatible replacement use.

Noise and vibration.

(1)

The applicant shall submit a pre-construction noise and vibration study with the conditional use application prepared and sealed by a qualified professional. Such qualified professional shall be an engineer licensed in the Commonwealth of Pennsylvania or other environmental or technical professional with demonstrated education, training and experience in acoustical noise or vibration analysis applicable to the scope of work being performed (defined herein as "qualified professional") to include the predicted noise and vibration levels from the operation of the data center and/or data center campus.

(2)

Simultaneous operation assumption. All noise evaluations, studies, modeling, and compliance determinations shall assume the concurrent operation of all generators, cooling systems, mechanical equipment, and other noise-producing devices operating at maximum rated capacity ("simultaneous operation"), unless a more restrictive operating condition is required by approval.

(3)

Within 180 days following issuance of a use and occupancy certificate and commencement of operations at the data center or data center campus, the applicant shall submit to the Township an as-built post-construction noise and vibration study. The study shall:

(a)

Be conducted by a qualified professional using applicable ANSI standards and generally accepted criteria.

(b)

Demonstrate compliance with all applicable noise regulations set forth in the Data Center Noise Standards Tables at the end of this section. Compliance shall be demonstrated using objective sound level limits expressed in A-weighted decibels (dBA), measured and evaluated in accordance with standardized methodologies acceptable to the Township.

(c)

Include sound measurements taken at all property lines.

(d)

Include measurements taken during normal operations, peak cooling load during operation of emergency generators under load and assuming simultaneous operation.

(e)

Address low-frequency noise impacts, including compliance with applicable dBC limits set forth in the Data Center Noise Standards Tables.

(f)

Vibration Standards to be used in the study. Vibration shall be evaluated using two distinct criteria: (a) Building Damage: Ground vibration shall not exceed 0.2 to 0.5 inches per second peak particle velocity (PPV), measured in accordance with USBM RI 8507 or successor standard; and (b) Human Perception: Vibration levels shall not exceed 65 VdB, measured in accordance with ISO 2631-1 or successor standard.

(g)

Identify all measurement locations, instrumentation used, calibration documentation, testing methodology, operational conditions during testing, and meteorological conditions.

(4)

If the post-construction study demonstrates non-compliance with any applicable noise or vibration standard, the applicant shall, within 30 days of written notice from the Township, submit a corrective action plan prepared by a qualified professional. All violations shall be fully remediated by the applicant within a timeframe approved by the Township, but in no event later than 90 days following Township notice of non-compliance, unless extended by the Township for good cause shown.

(5)

If the pre-construction noise study establishes a baseline sound level in excess of the maximum sound level permitted under Data Center Noise Standards Tables, the post-construction study shall demonstrate that operations of the proposed use do not increase baseline ambient sound levels by an amount greater than the resolution and repeatability of the measurement instrumentation, as determined by the Township.

(6)

Objective noise standards. Noise limits shall be established by land use category, measurement location, time-of-day, and averaging period, and shall include provisions for enforcement, instrumentation, and low-frequency noise evaluation.

(7)

The Township may require additional noise and vibration testing upon receipt of substantiated complaints or following material modification, replacement, or addition of mechanical equipment, cooling systems, generators, or other vibration-generating equipment.

(8)

If initial monitoring or complaints indicate a probable violation, the Township may require interim mitigation measures, which may include operational modifications, equipment limitations, or temporary curtailment of specific noise producing activities until compliance is demonstrated.

(9)

Data Center Noise Standards Tables. The following tables establish objective noise limits, modeling requirements, and enforcement procedures applicable to data center and data center campus use. These standards shall supersede noise standards set forth in § 399-84 of the Township Code.

Table 1: Data Center Noise Limits, Measurement, and Compliance Requirements
Category	Requirement
Applicable Uses	Data centers, including all accessory mechanical equipment, generators, cooling systems, and substations
Measurement basis	A-weighted sound levels (dBA), unless noted otherwise for low-frequency noise
Receptor locations	Measurements and modeling shall be conducted at or beyond the nearest property line and at sensitive receptors when present
Operating condition assumption	All compliance evaluations shall assume simultaneous operation of all generators, cooling equipment, and other noise-producing devices at maximum rated capacity
Measurement metric	Equivalent continuous sound level (Leq. 1-hour) in dBC

Table 2: Numeric Noise Limits by Zoning Use
Receiving Land Use	Daytime (7:00 a.m.-10:00 p.m.)	Nighttime (10:00 p.m.-7:00 a.m.)
Residential or sensitive receptor	55 dBA Leq (1-hour)	45 dBA Leq (I-hour)
Mixed-use/commercial	60 dBA Leq (1-hour)	50 dBA Leq (1-hour)
Industrial	65 dBA Leq (one-hour)	55 dBA Leq (1-hour)

Short-term tonal or impulsive noise exceeding the above limits by five dBA or more shall constitute a violation.

Table 3: Low-Frequency Noise Criteria
Parameter	Requirement
Frequency sensitivity	C-weighted sound levels (dBC), capturing enhanced sensitivity to low-frequency noise
Measurement locations	At the nearest property line and at sensitive receptors, when present
Daytime limit (7:00 a.m.-10:00 p.m.)	70 dBC Leq (1-hour)
Nighttime limit (10:00 p.m.-7:00 a.m.)	60 dBC Leq (1-hour)
Tonal/narrowband noise	Clearly perceptible low -frequency tonal noise shall require mitigation regardless of overall dBC compliance, as determined by the qualified professional or the Township based on clearly perceptible tonal characteristics
Applicability	Limits apply under simultaneous operation of all generators, cooling systems, and mechanical equipment

Table 4: Modeling and Study Requirements
Requirement	Standard
Pre-construction study	Required with conditional use application
Post-construction verification	Required within 180 days of commencement of operations
Prepared by	Qualified professional with demonstrated noise expertise
Modeling methodology	ISO 9613-2, CadnaA, SoundPLAN, or equivalent accepted industry model
Meteorological assumptions	Downwind propagation, ISO-conservative conditions
Equipment data	Manufacturer sound power levels and octave-band spectra
Low-frequency evaluation	Required where large generators or cooling systems are used

Table 5: Measurement Procedures
Element	Requirement
Instrumentation	Type 1 or Type 2 ANSI-certified sound level meter
Calibration	Pre- and post-measurement field calibration required
Measurement duration	Minimum 15 minutes per location unless otherwise specified. Sound level limits expressed as hourly equivalent levels (Leq. 1-hour) may be evaluated using shorter-duration measurements, including the minimum durations identified in this table, where such measurements are conducted under steady-state operating conditions and are representative of normal operations
Operating conditions	Measurements shall include peak cooling load and generator operation under load
Background noise	Baseline ambient levels documented prior to construction

Table 6: Compliance
Item	Requirement
Material increase definition	An increase of >3 dBA above baseline ambient sound level
Violation determination	Exceedance of numeric limits or material increase
Retesting authority	Township may require additional testing following substantiated complaints or equipment changes

Wastewater disposal.

(1)

The applicant shall submit an analysis of wastewater disposal needs with the conditional use application which indicates the quantity of wastewater generation expected from sewage and water discharge as part of the data center and or data center campus' HVAC system.

(2)

Any untreated discharge of wastewater generated at the data center and or data center campus may not be discharged to stormwater systems or surface waters.

East Brandywine Township
City Zoning Code

ARTICLE XIV

§ 399-88 Statement of intent.

§ 399-89 Public utility corporations.

§ 399-90 Automobile service stations.

§ 399-91 Accessory dwellings.

§ 399-92 Other accessory uses and structures.

§ 399-93 Home occupations.

§ 399-94 Institutions.

§ 399-95 Inns; bed-and-breakfast facilities.

§ 399-96 Conversion of dwellings.

§ 399-97 Agriculture.

§ 399-98 Waste lagoons.

§ 399-99 Temporary structures.

§ 399-100 (Reserved) [1]

§ 399-101 Wireless communications facilities.

§ 399-102 Convenience stores.

§ 399-102.1 (Reserved) [1]

§ 399-102.2 Day-care facility.

§ 399-102.3 Vehicle towing service.

§ 399-102.4 Continuing care facility.

§ 399-102.5 Solar energy facilities.

§ 399-102.6 Age-qualified residential community.

§ 399-102.7 Medical marijuana grower/processor and dispensary.

§ 399-102.8 Restaurants.

§ 399-102.9 Data centers.

East Brandywine TownshipCity Zoning Code

ARTICLE XIV

§ 399-88 Statement of intent.

§ 399-89 Public utility corporations.

§ 399-90 Automobile service stations.

§ 399-91 Accessory dwellings.

§ 399-92 Other accessory uses and structures.

§ 399-93 Home occupations.

§ 399-94 Institutions.

§ 399-95 Inns; bed-and-breakfast facilities.

§ 399-96 Conversion of dwellings.

§ 399-97 Agriculture.

§ 399-98 Waste lagoons.

§ 399-99 Temporary structures.

§ 399-100 (Reserved) [1]

§ 399-101 Wireless communications facilities.

§ 399-102 Convenience stores.

§ 399-102.1 (Reserved) [1]

§ 399-102.2 Day-care facility.

§ 399-102.3 Vehicle towing service.

§ 399-102.4 Continuing care facility.

§ 399-102.5 Solar energy facilities.

§ 399-102.6 Age-qualified residential community.

§ 399-102.7 Medical marijuana grower/processor and dispensary.

§ 399-102.8 Restaurants.

§ 399-102.9 Data centers.

East Brandywine Township
City Zoning Code