East Fallowfield Township
City Zoning Code

Storage of farm products and farm machinery.

Barns, stables, and silos sheltering livestock, poultry, and farm products, subject to § 27-1703.

Keeping, breeding, and management of livestock and poultry, subject to § 27-1703.

Preparation and packaging of agricultural products produced on the premises.

Farm signs.

Sale of farm products in accordance with § 27-1703, Subsection 1B.

Private garage, storage shed, off-street parking or driveway.

Private swimming pool, bathhouse, tennis court, or other recreation facility.

Solar collection system or other alternative energy system.

Private greenhouse.

Flagpole, satellite dish, and private antenna in accordance with § 27-1733.

Home occupations in accordance with § 27-1712, Subsection 1B.

Patio deck or gazebo for passive outdoor use.

Residential and home occupation signs in accordance with Part 16.

The keeping of large domestic animals as pets (all animals below with the exception of dogs, cats and chickens), provided the lot housing such animals shall have a minimum lot area of two acres including the house and all other improvements upon the property. The minimum lot area for the keeping of domesticated chickens shall be 1/2 acre.

Day care home in accordance to § 27-1712, Subsection 1C.

Agricultural uses shall be permitted as follows.

Sale of Agricultural Products. The display and sale of agricultural products shall be permitted from a temporary stand dismantled and removed at the end of the growing season or from a permanent building provided that:

Nonintensive Agricultural Uses. Nonintensive agricultural uses and customary buildings associated with nonintensive agricultural uses shall be in accordance with the following standards:

Intensive Agricultural Uses. Intensive agricultural uses and customary buildings associated with intensive agricultural uses shall be in accordance with the following standards:

Dwellings for Farm Employees and Their Families. Dwellings for a farm employee and his or her family shall be permitted as a use accessory to agriculture subject to the following restrictions and conditions:

A minimum lot width of not less than 200 feet shall be provided along each street on which access is proposed. This requirement shall not apply to facilities solely providing repair services, in which case the required width of the underlying district shall apply.

Access shall be set back at least 50 feet from the intersection of any street.

Fuel pumps shall be at least 25 feet from any street right-of-way.

All automotive parts, refuse, and similar articles shall be stored within a building or enclosed area.

All automotive repair or service activities, except those performed at fuel pumps, shall take place within a completely enclosed building.

Vehicles waiting for repairs shall not be stored outdoors for more than 10 days. Junk vehicles may not be stored in the open at any time.

Parking and stacking spaces shall be provided in accordance with the requirements of § 27-1806.

Standards for convenience stores associated with automotive service stations shall comply with the requirements of § 27-1710.

A bed and breakfast facility shall be permitted only in single-family detached, owner-occupied dwellings and the exterior of the residence of accessory structure shall have an appearance no different than if there were no home occupation conducted inside.

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

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

There shall be provided one full bathroom (one lavatory, water closet, bath/shower) for each two guest rooms.

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

The owner shall maintain a current guest registration, which shall be subject to inspection by the Zoning Officer.

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

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

One sign shall be permitted in association with a bed and breakfast operation. Any such sign shall be in conformance with standards for home occupation signs in Part 16.

Each bed and breakfast facility shall be equipped at minimum with the following:

If cooking is done on the premises, the bed and breakfast shall be required to be licensed by the Chester County Health Department.

General Conditions.

Improvements.

Occupancy.

Administration. Procedure for obtaining permits and submitting permit fees is described in the East Fallowfield Township Subdivision and Land Development Ordinance [Chapter 22] which is incorporated herein by reference.

All cemeteries except those on the same lot as a church shall be no less than 10 acres in size.

Landscaping and ground cover shall be required and properly maintained at all times. A master plan exhibiting perpetual care arrangements shall be submitted to the Township.

No buildings other than those directly associated with the cemetery, such as maintenance sheds, a caretaker's house, chapel, and mausoleums shall be permitted. Such buildings shall be no closer than 200 feet to any lot line or public street.

Markers and burial plots shall be set back at least 50 feet from any lot line or public sheet right-of-way.

An application for cemetery use shall include the following:

A crematorium shall not be an accessory use to a cemetery.

The minimum lot area shall be two acres.

Uses permitted under church and religious institutions shall include:

Minimum side yards shall be 50 feet for either side yard and 125 feet aggregate.

Other yard requirements shall be in accordance with the requirements in § 27-502.

Off-street parking in accordance with § 27-1806.

Landscaping, screening, and buffering in accordance with § 27-1808.

Lighting in accordance with § 27-1809.

All structures used for greenhouse use shall observe minimum setback requirements established by the Commercial Zoning District.

Storage of bedding and plant materials shall be located a minimum of 50 feet from all property lines or road rights-of-way.

For the purpose of calculating required off-sheet parking facilities, only the floor area devoted to sales need to be included.

All greenhouse structures shall be included in the lot and building coverage calculations.

Access shall be controlled and defined by the use of concrete curbing. There shall be no more than one point of ingress and one point egress onto each street on which the lot abuts. Access points shall otherwise be designed in accordance with the access and traffic control provisions of § 27-1804.

The establishment shall have access to either a collector or arterial as defined in the Township Comprehensive Plan.

When proposed in conjunction with an automotive service station; the relevant requirements of § 27-1704 shall apply. In addition, adequate distance shall be provided between the store parking area and fuel pump island stacking lanes to prevent conflicts with calculation and parking patterns.

Sales and storage of merchandise, other than fuel, shall be limited to inside the convenience store.

Parking shall be provided in conformance with the parking standards of § 27-1806 for a convenience store, plus the parking and stacking requirements for an automotive service station where fuel pumps are also proposed.

Lighting shall be in conformance with the requirements of § 27-1809 of this chapter.

A trash storage area shall be provided which is screened from the street and adjacent properties to prevent trash from blowing from the area and to permit safe and easy trash removal. In addition, trash receptacles shall be provided outside of a restaurant for patron use, but shall no be located net any adjacent residential properties.

The minimum lot area for a day-care center shall be one acre, or the minimum lot area required by the underlying zoning district, whichever is greater.

With respect to day-care centers serving children (individuals under the age of 18):

Operation of the facility shall be limited to the hours between 6:00 a.m. and 9:00 p.m.

A minimum of three off-street parking spaces shall be provided for every 1,000 square feet of floor area. An area for the discharge and pick-up of children shall be provided, which is removed from both the parking and ingress/egress for the site.

The facility shall be licensed by the applicable department(s) of the Commonwealth of Pennsylvania and their regulations. Applicant shall provide the Township with copies of all required state agency approvals and permits, upon applicant's receipt thereof.

No-Impact Home-Based Businesses. As defined, in § 27-201 of this chapter, no-impact home-based businesses shall be permitted by right in each residential district subject to the following conditions:

Home Occupations. As differentiated from no-impact home-based businesses, home occupations, where permitted, are subject to the following standards.

Day Care Home. As defined in § 27-201 of this chapter, a day care home shall be permitted when incidental and subordinate to an existing residential use, and when located on the same land as the principal use, subject to the following conditions:

The minimum lot area for a hospital shall be 10 acres. The minimum lot area for a medical center shall be governed by the minimum requirements of the respective zoning district.

The principal access to a hospital or medical center shall be directly from a collector or arterial road as designated by the Township Comprehensive Plan.

All buildings and structures associated with a hospital shall be set back a minimum of 100 feet from any property line. All buildings and structures associated with a medical center shall comply with the minimum requirements of the respective zoning district.

The following uses are permitted only within a hospital complex when designed as an integral part of the hospital:

An application for hospital or medical center shall include a master plan which indicated the location, type and size of, buildings, parking, utilities, and landscaping.

A waste disposal plan approved by the Township. Said plan shall demonstrate compliance with all applicable standards for disposal of medical waste and the Solid Waste Management Act, 35 P.S. §§ 6018.101 et seq.

If an outdoor shooting range is proposed, the property shall be a minimum of 10 acres;

If an outdoor shooting range is proposed, the range must be setback a minimum of 50 feet from the tract boundary;

The range shall comply with the Range Design Criteria established by the U.S. Department of Energy, June 4, 2012, attached hereto as Attachment 11;[1]

Hours of operation shall be limited to 8:00 a.m. to dusk.

The range shall be designed such that the discharge of a firearm will not occur onto, across, or within 50 yards of a public road; into or within the "safety zone," the dimensions of which are defined at 34 Pa.C.S.A. 2505(c), as may be amended; or from, onto, or across public or private property without the owner or occupant's prior written consent.

General shooting ranges shall be permitted by conditional use in the RA Rural Agricultural, MU Multi-Use and O-I Office-Industrial Zoning Districts, subject to:

Area and bulk regulations as specified in § 27-403 shall apply, except as more stringent area and bulk regulations are set forth in the underlying zoning district;

A hunt club, hunting lodge, or shooting range may not contain overnight facilities for more than 16 persons.

A hunt club or hunting lodge must have at least one parking space per two beds. A shooting range shall have a minimum of one parking space per each station.

Exterior lighting, other than for the safety of users, is prohibited. All exterior lighting must be shielded from view of all adjacent properties.

Shooting ranges associated with the hunt club must comply with Subsection 2 above.

The tract serving as a junkyard shall contain a minimum of 10 contiguous acres undivided by streets, streams, or rights-of-way. No part of the operation shall be located with a Flood Hazard District or located such that contaminants from the operation can seep or flow into a stream or other body of water.

Where a junkyard is located on a property which is adjacent to a residential district or use, there shall be a setback from the district boundary of at least 100 feet.

The tract serving as a junkyard shall be located on lands with less than 15% slope.

The maximum lot coverage including storage, buildings, and structures shall not exceed 70%.

The area where junk and any other material is stored outside shall be enclosed with a wall or fence, at least eight feet in height and which is designed and constructed so as to be at least 90% solid or opaque. An effective year-round screen shall be provided consistent with the buffering requirements of § 27-1808.

Storage piles shall not exceed eight feet in height within 50 feet of the screening or fence line. Junk shall be permitted to be piled not exceeding 10 feet in the remaining area of the junkyard. No more than two adjoining rows of junked cars shall be stored together.

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

Waste generated by the salvage or junkyard operation shall be managed in accordance with all applicable Township ordinances and federal and state regulations including the Solid Waste Management Act, 35 P.S. § 6018.101 et seq., the Clean Streams Law, 35 P.S. § 691.1 et seq., and the Air Pollution Control Act, 35 P.S. § 4001 et seq., of the Commonwealth of Pennsylvania.

No junk or other material shall be burned on the premises. Each junkyard shall have available in proper working condition equipment that will control, contain, and suppress fires or other hazards, in compliance with the recommendations of the Township Fire Marshal.

Tire storage piles shall not exceed 200 tires. In addition, when whole or processed tires are stored outdoors, each waste tire pile shall meet the following requirements:

No garbage or other organic waste liable to give off a foul odor or to attract vermin or insects shall be kept on the premises.

All junk, including tires, shall be stored or arranged to prevent accumulation of water. Outdoor storage shall be conducted to control mosquito propagation during warm weather. Controls may include use of tarps, indoor storage screens or spraying.

Prior to issuing of a zoning permit by the Zoning Officer, the applicant shall provide sufficient information for the Zoning Officer to determine that all applicable federal, state, county, and Township requirements and regulations can be met by the proposed operation. Prior to the issuance of the permit, the applicant shall also provide evidence that all applicable conditions set by the Board of Supervisors during the conditional use approval process have been met.

A stormwater management plan and erosion and sedimentation control plan shall be submitted as part of the land development application for a junkyard in accordance with the Township Subdivision and Land Development Ordinance [Chapter 22].

The permittee shall allow inspection of the business premises by the Township or its appointed representative at any reasonable time.

Each kennel shall have all outdoor exercise yards entirely fenced to prevent animals from leaving the property.

Exercise yards shall be setback a minimum of 100 feet from all lot lines and screened with materials suitable to reduce noise from outdoor animals.

All buildings and structures associated with a kennel shall be sound insulated. All buildings and structures shall comply with district setback requirements.

The sale of related products shall remain accessory to the kennel, and shall occupy no more than 25% of the floor area of the principal building.

There shall be no outdoor storage of materials unless fully screened from adjoining properties in accordance with § 27-1808 of this chapter.

The minimum lot area shall be two acres for each kennel.

All kennels shall be subject to the provisions of the Pennsylvania Dog Enforcement Bureau.

Maximum Density. The maximum number of lots created on a tract under the lot-averaging option shall be no more than that for which the tract would be eligible under terms of the base zoning in the R-1 District.

The applicant shall conform to the requirements of Part 19, "Conditional Use Regulations."

The applicant shall prepare and submit to the Township an Environmental Impact Assessment (EIA) in accordance with § 27-1814 demonstrating how the tract warrants use of flexibility in design under this section.

Area and Bulk Regulations. The following regulations shall be applicable to subdivisions utilizing the lot-averaging option:

General Controls.

The minimum required tract area for a mini-warehouse use shall be four acres.

Access shall be from a collector or arterial street as defined by the East Fallowfield Township Comprehensive Plan (1999).

The minimum aisle width between buildings shall be 20 feet.

The use shall be subject to review by Township police and fire officials regarding security and fire protection. Lighting shall be in compliance with the requirements of § 27-1809 of this chapter.

Storage of explosive, radioactive, toxic, highly flammable, or otherwise hazardous materials shall be prohibited.

No business activity other than leasing of storage units shall be conducted on the premises.

Except as noted in Subsection 1H below, all storage shall be within closed buildings built on a permanent foundation of durable materials. Trailers, box cars, or similar impermanent or movable structures shall not be used for storage.

Outdoor storage shall comply with the following requirements:

The storage facilities complex shall be surrounded by a fence at least eight feet in height. Screening and buffering, consistent with the requirements of § 27-1808, shall be provided along the street line and where the use is adjacent to any residential use or residentially zoned district.

Mini-warehouses and outdoor storage areas shall not be located within the Flood Hazard District as defined in Part 15 of this chapter.

A life care facility is a form of residential use designed and operated for older adults, of 55 years of age or older, containing certain support facilities including a combination of a senior center, independent living, personal care, and/or acute care.

A retirement community may provide a combination of individual dwelling units in any combination of single-family, two-family, townhouse, or multifamily buildings and may include a community center consisting of one or more buildings in which accessory uses may be permitted, but no nursing facility.

A nursing home is a facility providing bed care, such as skilled care (requiring state licensing) for persons who, by reasons of illness, physical infirmity or age, are unable to properly care for themselves.

The tract of land on which the use is conducted shall, in its entirety, be owned and operated under single or common managements.

The minimum tract size shall be 10 acres.

Maximum building coverage shall be 40% and maximum lot coverage shall be 50%.

Wheelchair access to all dwelling units and community facilities, in accordance with the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq., shall be provided in the design of structures, pedestrian walkways and parking lots. Where practical and desirable, buildings shall be interconnected by means of a covered or enclosed walkways.

Location, design, and layout of buildings or dwelling units shall be so designed to ensure open space and privacy.

A minimum building setback from the entire tract perimeter of 25 feet shall be provided.

Maximum building height shall be three stories or 35 feet.

The following accessory support uses shall be permitted for this use:

Outdoor lighting and landscaping/buffering shall be consistent with the requirements of §§ 27-1808 and 27-1809.

A nursing home shall have a minimum of not less than 1,000 square feet of lot area provided per bed.

A retirement community use shall have a maximum gross density of three units per acre.

A retirement community shall follow the requirements for multifamily development, § 27-1732, in addition to the requirements of this section. However the requirements of § 27-1732 shall prevail when there is conflict between the requirements.

A life care facility shall have a maximum density of 10 units per acre. Nursing home care beds within this facility shall not exceed two beds per dwelling unit.

Each facility shall provide an outdoor sitting area which shall be landscaped and shall not be located adjacent to parking lots, detention basins, or collector or arterial streets unless adequate screening is provided. Sitting areas shall not be located on slopes of over 5% grade.

This use shall have a minimum of 10% of the land reserved for recreational area. Maintenance of these areas shall be the responsibility of the common management.

Parking requirements shall be in accordance with § 27-1806.

The proposed use shall obtain all applicable state and federal permits, licenses, and certificate of need, as applicable to the proposed use, as well as conditional use approval, prior to the issuance of a zoning permit.

Outdoor storage facilities for raw materials work in process and finished products shall be enclosed with an approved safety fence, which shall comply with the requirements of § 27-1811.

Outdoor storage shall not occupy any part of street rights-of-way, pedestrian walkways, required parking spaces, and required yard areas.

Outdoor storage of man-made materials shall not exceed 10 feet in height.

All materials stored outdoors for more than 30 days shall be screened in accordance with § 27-1808.

Permitted Uses. Recreational facilities may include nonprofit facilities including, but not limited to, parks, playfield, playground, arboretum, conservation area, wildlife sanctuary, winter sport, swimming pool, boating, horseback riding, fishing, foot, bicycle and bridle path, picnic area, tennis and other racquet game court or any similar use characteristically identified with open space, and of a noncommercial nature, but in accordance with the following development standards:

Any use permitted in Subsection 1A above shall comply with the following:

Operation of a recycling facility shall at all times be in full compliance with the statutes of the Commonwealth of Pennsylvania, the Rules and Regulations of the Department of Environmental Protection (PaDEP), and the provisions of this chapter. In the event that any of the provisions of this chapter are less restrictive than any present or future rules or regulations of PaDEP, the more restrictive regulations shall supersede and control.

Storage of recycled material shall:

Access to the site shall be limited to those posted times when an attendant is on duty. In order to protect against indiscriminate and unauthorized dumping, every recycling center shall be protected by locked barricades, fences, gates, or other means designed to deny access to the area at unauthorized times or locations. Such barricades shall be kept in good repair and maintained in a uniform color.

Litter control shall be exercised to confine blowing litter to the work area and a working plan for clean up of litter shall be submitted to the Township. To control blowing paper, a fence shall be erected with a minimum height of eight feet, with openings not more than three inches by three inches, along all boundaries.

Buffering in accordance with the requirements of § 27-1808 of this chapter shall be required between the fence and the street line and along any edge of the property adjacent to a residential use or district.

Unloading of materials shall be continuously supervised by a facility operator.

Hazardous waste included on the list of hazardous waste maintained by the PaDEP shall not be disposed of a recycling center. No municipal or solid waste or hazardous waste shall be processed or stored at a recycling center.

The principal access to the site shall be from a collector or arterial road as designated by the Township Comprehensive Plan.

A zoning permit shall be obtained and renewed on an annual basis.

Site and architectural plans for the conversion of said dwelling shall be submitted to the Zoning Hearing Board, together with an application for special exception. If two or more families are housed above the ground floor, such plans shall bear the approval of all mandatory statutes as required by law.

Such plans shall provide adequate and suitable parking or storage space for at least two automobiles per dwelling unit.

The yard and building area requirements for the district in which the dwelling is located shall continue to apply to each dwelling unit. There shall be no increase in density than that permitted in the zoning district for the conversion of dwellings.

There shall be no external alterations to any building except as may be necessary for safety, fire escape, and outside stairways shall, where practical, be located to the side or rear of the building.

Each resulting dwelling unit shall have a minimum floor area of 700 square feet.

The resulting dwelling shall comply with the Township Building Code [Chapter 5, Part 1] and with the following:

There shall be no drive-up or walk-up windows permitted.

All retail sales shall be internal to the premises.

Food shall not be consumed on any portion of the premises except the interior of a building or packaged for off-site consumption. Outdoor dining may be requested, subject to the approval of Board of Supervisors.

The establishment shall have access to either a collector or arterial as defined in the Township Comprehensive Plan.

A trash storage area shall be provided which is screened from the street and adjacent properties to prevent trash from blowing from the area and to permit safe and easy trash removal. In addition, trash receptacles shall be provided outside of a restaurant for patron use, but shall not be located near any adjacent residential properties.

Lot, yard, and coverage requirements in accordance with Part 9.

Off-street parking in accordance with § 27-1806.

Landscaping, screening, and buffering in accordance with § 27-1808.

Lighting in accordance with § 27-1809.

A plan demonstrating adequate fire and police protection shall be submitted to the Township.

Lot, yard, and coverage requirements in accordance with § 27-1203.

Off-street parking in accordance with § 27-1806.

Landscaping, screening, and buffering in accordance with § 27-1808.

Lighting in accordance with § 27-1809.

Vehicular access and traffic control in accordance with § 27-1804.

Interior circulation in accordance with § 27-1805.

Loading and unloading in accordance with § 27-1807.

A plan demonstrating adequate fire and police protection shall be submitted to the Township.

Standards.

Area and Bulk Regulations.

Design Standards.

Administration.

The tract serving as a sanitary landfill shall contain a minimum of 100 contiguous acres, undivided by streets, streams, or right-of-way. All operations, including buildings, structures, and grading shall be setback a minimum of 200 feet from any property line or Flood Hazard District boundary.

All sanitary landfills shall be completely enclosed by fencing to deter trespassing and to prevent debris from blowing onto adjoining properties and shall provide for a rodent-proof barrier.

All sanitary landfills shall be designed and operated in accordance with the requirements of the Pennsylvania Department of Environmental Protection.

Access to sanitary landfill, facility shall be from an arterial or collector road to limit traffic congestion and excessive wear on collector and local roads. The applicant must show structural capacity of roads and levels of service on all roads used by trucks entering and leaving the landfill.

All trucks entering and leaving the landfill shall be covered. Roads used for access within or adjacent to the tract shall be patrolled daily to pick up and dispose of scattered and blowing refuse.

All sanitary landfills shall annually submit a traffic plan for all trucks entering and leaving the landfill.

The sanitary landfills shall provide road maintenance and upgrade any and all roads used by trucks entering and leaving the landfill to provide for adequate infrastructure and maintenance of the road surface.

A performance bond shall be posted by the applicant prior to the issuance of a permit by the Township. The amount of the performance bond shall be established by the Township Engineer, and shall be an amount which will adequately cover the transportation of refuse and the removal of all facilities in the event the applicant cannot complete the refuse program. Such performance bond shall not be used by the Township for any other purpose.

A public or private nonprofit school (one, which is not conducted as a private gainful business) and is licensed under the proper governmental authority shall be subject to the following provisions.

A commercial school, including trade or professional schools of art, music, or dancing shall not be permitted in residential zoning districts. The minimum required lot size for a commercial school shall be as required by the MU Multi-use District.

The business shall remain subordinate to and compatible with the principal agricultural use.

A minimum tract size of 20 acres shall be required for a farm to be eligible for a secondary farm business.

The business shall be completely enclosed or fenced, and shall be setback a minimum of 100 feet from any property line or public right-of-way.

A minimum of three off-street parking spaces shall be provided for the business, in addition to those required for the principal use.

No more than two people may be employed by the business who do not reside on the farm.

General Regulations.

Area and Bulk Regulations. The combined uses, buildings, structures, and other improvements shall collectively, comply with the Area and Bulk Regulations under Part 12 "MU Multi-use District." In addition, the following building form, size, and spacing requirements shall be met:

Design Standards.

The area and bulk regulations under the applicable zoning district shall be met.

The maximum length and width of a multiple-family building shall be 100 feet. For townhouse units, a maximum of four units may be connected in one combined building, with a maximum length of 100 feet.

The minimum size of each dwelling unit shall be 800 square feet.

Multiple-family buildings shall to be located in clusters which create common courtyards and open space areas rather than situated parallel to one another. Where clustering is not feasible due to site conditions, there shall be no more than three abutting buildings parallel to each other within a multiple-family development.

Buildings within a multiple-family development shall be designed to provide individual dwelling units with views and direct access to required open space area to the extent feasible.

The following building separation distances shall be met in order to provide individual units with some level of privacy:

Walkways shall be provided between dwelling units, entrances, and common areas, including parking and refuse collection areas.

The design, ownership, and maintenance responsibilities for required open space shall be in accordance with the provisions of § 27-1812.

Dwelling units shall be setback a minimum of 25 feet from common parking lots and refuse collection centers.

Staggered setbacks of individual dwelling units accompanied by a variation in facade design are encouraged so the buildings offer visual variety and provide private yard areas. In the case of townhouse development, no more than two contiguous units shall have the same facade setback within a building. Changes in unit setback shall involve a minimum of four feet.

Setback front tract boundary shall be a minimum of 50 feet.

Landscaping, screening, and buffering shall be in accordance with § 27-1808.

Promote and protect the health, safety, and general welfare, to accomplish coordinated development and to guide and protect existing and future governmental, economic, practical, social, and cultural facilities, development and growth.

Accommodate the need for wireless communications facilities, while regulating their location and minimizing the number of wireless communications towers to be constructed.

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

Insure the structural integrity of communications antenna support structures through compliance with applicable industry standards and regulations.

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

The height of the communications antenna(e) and apparatus attaching the communications antenna(e) thereto shall not exceed 10 feet in height, unless the applicant proves that a greater antenna(e) height is required to make it an adequately functional component of the applicant's system, but in no case shall such height exceed 25 feet.

The applicant proves that such location is necessary to satisfy their function in the applicant's wireless communications system, or will obviate the need for the erection of a communications antenna support structure in another location where the same is permitted.

The applicant submits a plan showing each of the contiguous properties, identified by tax parcel number and owner, depicting all buildings and structures located on such properties and their principal and/or accessory uses; provided, however, that the applicant shall not be required to trespass upon the land of another in order to obtain the information set forth in this provision.

The applicant employs concealment or other reasonably appropriate stealth measures (the determination of which shall be in the Board's reasonable discretion) to camouflage or conceal antennas, such as the use of neutral materials that hide antennas, the location of antennas within existing structures, such as steeples, silos, and advertising signs, the replication of steeples and other structures for such purpose, the simulation of elements of rural landscapes, such as trees and such other measures as are available for use for such purpose.

The proposed use otherwise complies with the requirements of this chapter (with the exception of the provisions herein pertaining to the maximum height and location of a communications antenna support structure or tower).

If the Board finds that location of antenna(e) on an existing structure obviates the need for the construction and erection of a communications antenna support structure in any zoning district in which the same is a permitted use, the Board may authorize, by conditional use, the location of either a building not exceeding 500 square feet or metal boxes placed on a concrete pad not exceeding, in the aggregate, 600 square feet in area, housing the receiving and transmitting equipment necessary to the operation of the antenna(e), for each unrelated entity or company sharing communications antenna space on the smokestack, utility pole, water tower, commercial or industrial building, or other similar tall structure. The building and/or concrete pads may be located within a side yard or rear yard; provided, that: (1) the concrete pad and metal boxes or buildings are located within 25 feet away from the property line or in the case of the building the minimum setback distance applicable in the zoning district, whichever is greater; (2) the combined height of the concrete pad and metal boxes or building does not exceed eight feet; and (3) an evergreen landscape buffer screen, having a planted height of six feet, is installed and maintained, so as to provide a visually effective barrier for individuals standing at ground level in the nearby area, between the building or metal boxes and any adjacent property.

The applicant shall demonstrate that the proposed communications antenna(e) and communications antenna support structure are designed and will be constructed in accordance with all applicable provisions of the Uniform Construction Code building standards for such facilities and structures and applicable standards developed by the Electronics Industry Association, Institute of Electrical and Electronics Engineers, Telecommunications Industry Association, American National Standards Institute and Electrical Industry Association. The applicant shall demonstrate that the proposed wireless communications facility is designed in such a manner so that no part of the facility will attract/deflect lightning onto adjacent properties.

When a communications antenna(e) is to be located on an existing structure and the general public has access to the structure on which the communications antenna(e) is to be located, the applicant shall provide engineering details showing what steps have been taken to prevent microwave binding to wiring, pipes, or other materials. For purposes of this section, the term "microwave binding" shall refer to the coupling or joining of microwave energy to electrical circuits including, but not limited to, the coupling or joining of microwave energy to electrical circuits, not limited to power lines and telephone wires, during which process the transference of energy one to another occurs.

The information necessary to demonstrate compliance with the above requirements is to be submitted concurrently with the submittal of an application for a building permit.

An evergreen screen shall be required to surround the communications antenna support structure. The screen can be either a hedge planted three feet on center maximum, or a row of evergreen trees planted 10 feet on center maximum. The evergreen screen shall be a minimum planted height of six feet at planting and shell be capable of growing to a minimum of 15 feet at maturity.

Existing vegetation on and around the land site shall be preserved to the greatest extent possible.

Communications antenna support structures be painted green up to the height of nearby trees.

Wireless communications equipment buildings which house electrical transmitter equipment be placed underground, unless determined to be detrimental to the functioning and physical integrity of such equipment.

In making these determinations, the Board of Supervisors shall consider whether its decision will: (a) promote harmonious and orderly development of the zoning district involved; (b) encourage compatibility with the character and type of development existing in the area; (c) benefit neighboring properties by preventing a negative impact on the aesthetic character of the community; (d) preserve woodlands and trees existing at the site to the greatest possible extent; and (e) encourage sound engineering and land development design and construction principles, practices, and techniques.

If use of the wireless communications facility is abandoned or is not properly maintained (so as to assure continued structural integrity and safety), or if the wireless communications facility is not in use for a period of six months or longer, the owner shall demolish and/or remove the wireless communications facility from the land site within six months of such abandonment and/or non-use. All costs of demolition and/or removal shall be borne by the owner of the wireless communications facility. In the event the demolition and/or removal referred to above is not performed in a timely manner, the owner shall be subject to civil enforcement proceedings, in accordance with Part 21 of this chapter, and other legal remedies available to the Township.

Further, prior to constructing or installing any wireless communications facility, the applicant must submit financial security in an amount sufficient to cover the cost disassembly, demolition and removal of the wireless communications facility. The form of the financial security shall be of a type described in § 509 of the Pennsylvania Municipalities Planning Code, 53 Pa.C.S.A. § 10509(c), including, but not limited to, federal or commonwealth chartered lending institution irrevocable letters of credit, restrictive or escrow accounts in such lending institutions, as well as bonds. Approval of the type of financial security to be submitted shall be determined by the Board of Supervisors, however, approval of the form of security and of the provisions thereof, (e.g., the language of a bond) shall not be unreasonably withheld. The amount of financial security shall be determined by the Board of Supervisors, based upon information submitted by the applicant and reviewed by either the Township Engineer or other qualified consultant. In the event of a dispute concerning the appropriate amount of financial security, the Township Engineer and the applicant shall select a qualified third party to arbitrate the dispute informally and submit a determination to the Board of Supervisors; the amount of financial security determined by the neutral third party shall be binding. The financial security may be utilized for the disassembly, demolition, and removal of any wireless communications facility, in the event that the facility is either: (a) not properly maintained; (b) abandoned; or (c) not used for a period of six months or longer. The financial security shall be so utilized after 30 days advance written notice is forwarded by United States mail or private courier service (e.g., Federal Express, United Parcel Service) to any address provided by the applicant as part of the submission of an application for zoning or municipal or other building authorization or to any other address provided by applicant for the purposes of the receipt of notice under this provision. The bond or other security will be released to the applicant promptly upon the expiration of the lease, license, or other permission/authorization to make use of the subject property for the maintenance of a wireless communication facility.

In addition, prior to the issuance of any building permit or use authorization or similar municipal authorization which may result in construction or installation of communications antenna, communications antenna support structure (tower), or wireless communications facility, a declaration of covenant must be submitted by the applicant and approved by the Board of Supervisors for recording in the Office of the Recorder of Deeds of Chester County, by which the landowner and his/her/its successors in interest, authorize Township officials and Township designees to effectuate the disassembly, demolition, and/or removal of any wireless communications facility antenna or similar structure, as contemplated by this provision. Appropriate documentary proof must be submitted to the Township staff confirming the recording of the declaration of covenant prior to commencement of any construction or instillation of any communications antenna/communications antenna support structure or wireless communications facility. The covenant requiring proper maintenance (or removal in the case of abandonment) of a wireless communications facility shall expire promptly upon the expiration of any lease or other arrangement by which the applicant has permission to maintain a wireless communications facility (or any component thereof) on a land site or other property. Upon submission of appropriate documentary proof of the expiration of the lease or other permission specified herein, the Township will authorize the recording of a document memorializing the expiration of the effective terms of the declaration of covenants.

The requirement of this section may be waived or altered by the Board of Supervisors in the event that either, (a) another appropriate form of guarantee for the continued maintenance (or removal in the case of abandonment) of a wireless communications support structure is provided; or (b) the Board of Supervisors is satisfied that adherence to these requirements would be unnecessary, duplicative, or violative of Federal Telecommunications Act of 1996, or other applicable law.

The names and addresses of the owner of the wireless communications facility and any organization utilizing the wireless communications facility and telephone numbers of the appropriate contact person in case of emergency.

The name and address of the property owner on which the wireless communications facility is located.

The location of the wireless communications facility by geographic coordinates, indicating the latitude and longitude.

Output frequency of the transmitter.

The type of modulation, digital format, and class of service.

Communications antenna(e) gain.

The effective radiated power of the communications antenna(e).

The number of transmitters, channels, and communications antenna(e).

A copy of the owner or operator's FCC authorization. A copy of the FCC license shall be sufficient for this purpose.

Communications antenna(e) height.

Power input to the communications antenna(e).

A certification signed by an authorized representative of the applicant that the wireless communications facility is continuing to comply with this chapter and all applicable governmental regulations including, but not limited to, output and emission limits established by the FCC.

A certificate of insurance issued to the owner/operators evidencing that there is adequate current liability insurance in effect insuring against liability for personal injuries and death and property damage caused by the land site and the wireless communications facility.

The following standards shall apply to microwave dish antenna:

Permitted Open Space Uses. Areas designated on approved plans for open space purposes may be used for any of the following uses, subject to any more stringent restriction set forth in the plans, any Township approval, and in any covenants or restrictions of record.

Minimum Yards for Accessory Structures. In addition to the minimum area and bulk setback requirements applicable to the underlying zoning district, no structure shall be erected within 25 feet of restricted open space, on a residential lot within a subdivision approved under the former open space design option regulations.