East Whiteland Township
City Zoning Code
City Zoning Code
ARTICLE II
Special Provisions and Performance Standards
§ 200-10 Illumination.
A.
Intent. The intent of this § 200-10 is to regulate the use of outdoor illumination. Where safety and security concerns warrant it, outdoor illumination is required to be installed, operated, and maintained. For commercial, industrial, multifamily residential, recreational, institutional, and public uses, outdoor illumination is required for all off-street parking and loading areas and for all driveways providing access. All outdoor illumination shall avoid producing glare.
B.
Illumination levels. All outdoor illumination shall have intensities and uniformity ratios consistent with the standards in the current edition of the Lighting Handbook and/or Recommended Practices of the Illuminating Engineering Society of North America (ISENA). "Illumination levels" shall be defined as maintained horizontal footcandles on the task, and average illumination values shall not exceed minimum values by more than the product of the minimum value and the specified ISENA uniformity ratio for the activity in question.
C.
Control of glare. Glare control shall be achieved primarily through the use of such means as fixture cutoffs, shields, and baffles and appropriate application of fixture mounting height, wattage, aiming angle, and fixture placement. Outdoor illumination shall be installed so that the glare or reflection visible from a street or residence adjacent to the property being illuminated shall not be greater than 0.1 footcandle at the property or boundary line, except where the adjacent property is in nonresidential use, in which case the standard shall be 0.2 footcandle.
D.
Fixture design. Except as otherwise permitted for recreational and sports lighting, below, all outdoor illumination fixtures, including mounting base, shall not exceed 16 feet in height above the finished grade of the surface being illuminated. All fixtures shall be of a type and design appropriate to the outdoor illumination application, as follows:
(1)
For lighting predominantly horizontal task surfaces, such as, but not limited to, roadways, areas of pedestrian and vehicular passage, merchandising and storage areas, automotive fuel dispensing facilities, automotive sales areas, loading docks, active and passive sports and recreational areas, building entrances, sidewalks, paths, site entrances and parking areas, fixtures shall be aimed straight down and meet IESNA full cutoff criteria.
(2)
For decorative outdoor illumination and the lighting of predominantly nonhorizontal tasks, such as, but not limited to, facades, landscaping, signs, fountains, displays, flags and statuary, the use of floodlighting, spotlighting, wall-mounted fixtures, decorative globes and other fixtures not meeting IESNA full cutoff criteria, fixtures shall be selected and installed so that only the nonhorizontal task is directly illuminated and shall be equipped with or be capable of being equipped with devices such as shields, visors or hoods when necessary to redirect offending light distribution.
(3)
The height of the outdoor illumination poles for recreational and sports lighting shall be dictated by that setup which best satisfies the lighting illumination levels specified by IESNA standards and recommended practices and also controls glare visible from adjacent properties or streets.
E.
Hours of illumination for floodlighting or high-intensity outdoor illumination. All outdoor illumination, including surveillance, security, or safety outdoor illumination, shall conform to the standards of Subsection C, Control of glare, at all hours.
F.
Recreational and sports lighting. Except as otherwise permitted for recreational and sports lighting in Subsection G, below, all outdoor illumination fixtures, including mounting base, shall not exceed 35 feet in height above the finished grade of the surface being illuminated. Outdoor illumination for active recreational facilities shall be permitted only by conditional use. In determining the appropriateness of proposed outdoor illumination for active recreational facilities, the Board of Supervisors shall apply the general criteria and standards for conditional uses of Articles XVII and XVIII and shall approve an application for outdoor illumination for active recreational facilities only in cases when the Board is able to ascertain that the proposed outdoor illumination will:
(1)
Represent appropriate application of fixture mounting heights, wattage, aiming angle, and fixture placement.
(2)
Control glare through the use of cutoff fixtures, shield, and baffles.
(3)
Not represent a hazard to drivers or pedestrians by impairing their ability to safely traverse streets, driveways, sidewalks, pathways, and trails.
(4)
Not project output skyward.
(5)
Not be used after 10:00 p.m. Sundays through Thursdays and 11:00 p.m. Fridays and Saturdays.
G.
Recreational and sports lighting in Institutional Districts. Outdoor illumination for active recreational and sports facilities accessory to public, private, and parochial secondary schools, universities, and colleges shall be permitted in Institutional Districts subject to the following conditions:
(1)
The height of poles or structures supporting recreational and sports lighting fixtures permitted shall not exceed 90 feet, which shall be measured from the mounting base of the pole or support structure at grade to the highest point of the pole or structure. If the pole or support structure is on a sloped grade, then the average between the highest and lowest grades shall be used in calculating the height.
(2)
Lighting shall be accomplished using the most advanced available fixture technology and design techniques appropriate for the use that minimize off-site glare and light trespass to the maximum extent possible. Light fixtures shall not project skyward and shall control glare at the property line through the use of cutoff fixtures, shields, and baffles. Fixtures shall not present a hazard to drivers or pedestrians by impairing their ability to safely traverse streets, driveways, sidewalks, pathways, and trails and shall be mounted at an appropriate height, angle, and location to comply with the above conditions.
(3)
Lights may only be illuminated in conjunction with one of the following events:
(a)
A school-sponsored recreational or athletic sporting event, such as a football, soccer, field hockey, or lacrosse game, or marching band cavalcade where some of the participants are enrolled at the school, university, or college where the lights are located (an "event");
(b)
A field practice for such events; or
(c)
A playoff or championship game.
(4)
Lights may not be used for more than two consecutive nights in any one calendar week.
(5)
Lights shall not be illuminated on Sundays and must be extinguished no later than 10:00 p.m. on Monday through Thursday and by 11:00 p.m. on Fridays and Saturdays.
(6)
Lights may be illuminated for a total of only 40 events at the school property during one school year (August 15 of a given year through June 15 of the following year) as defined in Subsection G(3) above. For example, if a middle school and high school are located on one unified parcel of property, lights may only be illuminated for a total of 40 events at such unified parcel, regardless of the number of fields that are located on such parcel. For purposes of this subsection, the term "event" shall not include field practices or playoff/championship games. For example, a championship football game sponsored by the PIAA shall not constitute an event and shall not be counted in the total number of allowable events per school year as regulated in this subsection. At the end of each school year, the school, university, or college shall submit an annual report of the dates and hours of the events where the lights were illuminated to prove compliance with this restriction;
(7)
All light posts must be set back at least 50 feet from the property line.
(8)
As part of a permit application to provide recreation/sporting event lighting, the school, university, college, or applicant proposing to use outdoor lighting as permitted herein shall submit a lighting plan to the Township Engineer for review in conformity with all applicable sections of this chapter. In addition, the Township Engineer may determine the necessity of a review of all plans and applications by a lighting consultant to confirm that the proposed fixtures comply with the conditions of this chapter.
H.
Temporary outdoor illumination. Temporary floodlighting and spotlighting for such uses as, but not limited to, public festivals, celebrations, sporting and recreation events is permitted, subject to the following conditions:
(2)
Illumination shall conform to the standards of Subsection E, Hours of illumination for floodlighting or high-intensity outdoor illumination.
(3)
Permits issued by the Township for temporary illumination shall be valid for up to seven consecutive days and shall be issued no more than three times for a parcel of land in any calendar year.
§ 200-11 Projections.
A.
Projections into front yard. No building or structure and no part of a building or structure shall be erected within or shall project into the required front yard that falls between the street and the foremost portion of a principal use building, except:
[Amended 11-14-2007 by Ord. No. 201-2007]
(1)
Cornices, eaves, gutters;
(2)
Chimneys, projecting not more than 18 inches;
(3)
Bay windows not extending through more than story and not projecting more than three feet;
(4)
One-story open porches projecting not more than five feet;
(5)
Steps, projecting not more than five feet;
(6)
Balconies, projecting not more than four feet;
(7)
In the FC, ROC, O/BP, O/BPS, PO, ROC/R and I Districts only, entrance doorway overhangs and trailer loading overhangs projecting not more than 48 inches from a building used for a commercial and/or industrial use.
B.
Projections into side yards. No principal use building and no part of a principal use building shall be erected within or project into a required side yard, except:
[Amended 11-14-2007 by Ord. No. 201-2007]
(1)
Cornices, eaves, gutters;
(2)
Chimneys, projecting not more than 18 inches;
(3)
Steps, projecting not more than 36 inches;
(4)
In the FC, ROC, O/BP, O/BPS, PO, ROC/R and I Districts only, entrance doorway overhangs and trailer loading overhangs projecting not more than 48 inches from a building used for a commercial and/or industrial use.
C.
Projections into rear yard. No principal use building and no part of a principal use building shall be erected in or shall project into a required rear yard, except:
[Amended 11-14-2007 by Ord. No. 201-2007]
(1)
Cornices, eaves, gutters;
(2)
Chimneys, projecting not more than 18 inches;
(3)
Bay windows not extending more than one story and not projecting more than three feet;
(4)
One-story, open porches projecting not more than five feet;
(5)
Steps, projecting not more than five feet;
(6)
Balconies, projecting not more than four feet;
(7)
In the FC, ROC, O/BP, O/BPS, PO, ROC/R and I Districts only, entrance doorway overhangs and trailer loading overhangs projecting not more than 48 inches from a building used for a commercial and/or industrial use.
D.
Projections into yards; obstruction of views. No wall, fence, or other structure shall be erected or altered and no hedge, tree, shrub, or other growth shall be maintained that may cause danger to traffic on a street, sidewalk, or public way by obscuring the view.
§ 200-12 Prohibited uses.
A.
Vehicles and trailers as accessory uses. No vehicle trailer shall be parked on any lot and used as an accessory building or storage shed. No recreational vehicle, boat, camper, or pickup component shall be used for living or sleeping quarters on any lot in the Township.
§ 200-13 Performance standards.
Any activity or use shall comply with the following performance standards:
A.
Airborne emissions. All matters pertaining to the control of smoke, dust or other pollution of the air shall be in accordance with the regulations and standards of the Pennsylvania Department of Environmental Protection (PADEP) or its successor agency. No activity in any Industrial District shall be reactivated, established, modified, constructed, or operated without having obtained valid permits and/or certificates from PADEP or its successor agency for airborne emissions. Such proof of compliance shall consist of duplicate copies of such permits and/or certificates for the current time period. In addition to the requirements of PADEP or its successor agency, the following requirements shall apply:
(1)
Dust. Dust and other similar types of air pollution borne by the wind from storage areas, the removal of natural materials, yards, parking areas, or other open areas shall be minimized by landscaping, sealing, or other acceptable means.
(2)
Particulate matter. No use shall exceed the national ambient air quality standards established in the federal Clean Air Act or the requirements of Titles 25 and 35 of the Pennsylvania Code as they are amended and adopted for particulate matter.
(3)
Odor. No operation shall release materials capable of becoming odorous, either by bacterial decomposition or chemical reaction, that cause or will cause odorous matter or vapor to be generated so as to be readily discernible without instruments from any point along the boundaries of each property.
(4)
Smoke or steam. No use may emit from a vent, stack, chimney, or combustion process any smoke that exceeds a density or equivalent capacity of Ringelmann No. 1, except that an emission that does not exceed a density of equivalent capacity of Ringelmann No. 2 is permissible for a duration of not more than four minutes during any eight-hour period if the source of such emission is not located within 250 feet of a residential district. All measurements shall be taken at the point of emission of the smoke. (For the purpose of determining the density of equivalent opacity of smoke, the Ringelmann Chart, as adopted and published by the United States Department of Interior, Bureau of Mines Information Circular 8333, May 1967, shall be used. The Ringelmann number referred to in this section refers to the number of the area of the Ringelmann Chart that coincides most nearly with the visual density of equivalent opacity of the emission of smoke observed. For example, a reading of Ringelmann No. 1 indicates a twenty-percent density of the smoke observed.)
(5)
Toxic matter and hazardous material. Emissions of chemicals, gases, components, or elements listed as being toxic matter or hazardous material by the American Conference of Governmental Industrial Hygienists, the Pennsylvania Department of Environmental Protection or its successor agency, or the U.S. Environmental Protection Agency, shall not exceed any stated threshold limit value in any district. No emission of toxic matter shall exceed 50% of the threshold limit value in any adjacent residential or commercial district.
B.
Electricity. Electric or electronic equipment shall be shielded such that no interference of radio and television broadcasts shall be discerned beyond the operator's property.
C.
Glare. No activity or use shall produce a strong, dazzling light or reflection of this light beyond its property lines. Outdoor illumination shall be shielded, buffered, and directed so that glare, direct light, or reflection will not be a nuisance to adjoining properties, dwellings, streets, or districts and shall comply with the regulations of § 200-10 of this article.
D.
Heat. No activity or use shall produce heat perceptible beyond its property lines and no use shall be permitted that would cause the ambient water temperature, as defined by the Pennsylvania Department of Environmental Protection or its successor agency, to rise or fall more than 5° F. (2.8° C.) during the ten-year, seven-day low flow in any natural pond, stream, river, or other watercourse.
E.
Noise. No activity or use shall produce a sound pressure level on adjacent property in excess of the levels permitted by the East Whiteland Township Noise Ordinance, adopted April 17, 2001,[1] and as may be amended by the Board of Supervisors.
F.
Storage and waste disposal. All materials or wastes shall be deposited upon a site in such a form or manner that prevents contamination of surface or groundwater resources. All waste products shall be disposed of in accordance with regulations as they are adopted and amended by county, state, and federal agencies.
G.
Vibration.
(1)
No activity or operation shall produce at any point along the property line continuous earthborne vibrations greater than the maximum displacement as permitted in the following table:
Frequency (Hz) | Residential District Displacement (in inches) | Nonresidential District Displacement (in inches) | |
|---|---|---|---|
0 greater than, but less than or equal to 10 | .0004 | .0020 | |
10 greater than, but less than or equal to 20 | .0002 | .0010 | |
20 greater than, but less than or equal to 30 | .0001 | .0006 | |
30 greater than, but less than or equal to 40 | .0001 | .0004 | |
40 greater than, but less than or equal to 50 | .0001 | .0003 | |
50 or greater | .0001 | .0002 |
(2)
Discrete pulses that do not exceed 100 impulses per minute may not produce more than twice the displacement specified in the table.
§ 200-13.1 Workforce housing.
[Added 6-11-2025 by Ord. No. 373-2025]
A.
Intent. Workforce housing is designed for middle- and moderate-income households whose income exceeds the threshold to qualify for traditional subsidies but which may be insufficient to afford market-rate homes. Workforce housing aims to serve middle- and moderate-income residents, typically those making between 80% and 100% of the area's median income.
B.
Required provision of workforce housing. In order to encourage the construction of housing for all income groups, in Zoning Districts where apartments are permitted, any apartment constructed must provide designated housing specifically for middle- and moderate-income households and must be constructed in compliance with the following conditions:
(1)
For apartment developments with 100 units or more, at least 10% but no more than 20% of the dwelling units in the development must be constructed with designated housing specifically for middle- and moderate-income households using one or more of the following:
(a)
A federal, state, or county interest subsidy program.
(b)
A federal, state, or county rental subsidy program.
(c)
A private subsidy program to produce rental units at prices less than or equal to 85% of the rental prices for the unsubsidized units within the development or 85% of the most recent fair market rents for new construction as published by the Department of Housing and Urban Development for the Philadelphia Standard Metropolitan Statistical Area, whichever is less.
C.
Qualifications. At a minimum, the following qualifications for subsidized rents shall be utilized:
(1)
Subsidized rental units subject to this section shall be designated for households making between 80% and 100% of the area's median income.
(2)
Eligibility preference shall be given to renters that can show proof of residency or employment in East Whiteland Township for at least six continuous months prior to submission of a rental application.
D.
Program development standards:
(1)
Subsidized units shall be intermixed with unsubsidized units of similar types within the development. The exterior of a building containing subsidized units shall be architecturally indistinguishable from those containing unsubsidized units and shall not be segregated from the rest of the units in a development (i.e., subsidized units shall not be all segregated to a separate building or floor of a building). Subsidized units must be fully integrated into the development, and residents shall be afforded the same access to project facilities and amenities as unsubsidized units.
(2)
The developer shall submit to the Township a management plan that establishes appropriate income eligibility limits. The developer must also provide to the Township legal assurances that the dwelling units, within a 20-year time frame from their initial construction, will be rented to households whose incomes would otherwise be insufficient to permit them to occupy housing of equivalent quality and size.