No more than one principal building shall be permitted on any lot in the AA, R-1, R-2, R-3, R-4, R-5 and VR Districts. One or more accessory structures may be located on a lot in the AA, R-1, R-2, R-3, R-4, R-5 and VR Districts, subject to the district regulations and as per §§ 455-47 and 455-48.

One or more principal buildings may be located on a lot in the PBO, VB and VT Districts and the DC-Devon Center Overlay District. Unless otherwise specified in the applicable district regulations, each such principal building shall conform to all requirements of the respective district in which located as if each building were on a separate lot and with all of the requirements applicable to land developments specified in Chapter 400, Subdivision and Land Development.

In the case of a building such as a shopping center, an office center or other similar building where there are a row of individual uses, the side yard requirement applies to the building rather than to the individual uses.

No lot shall be so reduced that the dimensional requirements shall be smaller than prescribed in the district regulations in which the lot is located.

Every principal building shall be built upon a lot with frontage upon a public or private street improved to meet Township standards or for which such improvements have been ensured by the posting of a performance guarantee pursuant to Chapter 400, Subdivision and Land Development.

Where a minimum lot area (net lot area) is specified, no principal building or use shall be erected or established on any lot of lesser area, except as may be permitted in Subsection B(5) below.

Where a minimum lot width is specified, no principal building shall be erected on any part of a lot which has a width of less than is specified in the appropriate district.

A building may be constructed on any lot which was lawful when created and which, prior to the effective date of this chapter, was in single and separate ownership duly recorded by deed, provided the yard requirements are observed.

Unless clear sight distance is affected at intersections, the district's yard requirements shall not apply to an arbor, open trellis, flagpole, unroofed steps, awning or movable canopy which projects no more than 10 feet, or an open fire escape or unroofed porch at grade which extends no more than six feet into any yard.[1]

In the case of through lots, unless the prevailing front yard pattern on adjoining lots indicates otherwise, front yards shall be provided on all frontages.

No fence or wall over six feet in height shall be erected in any of the side or rear yard setbacks required in § 455-35C above.

Unless otherwise restricted by this chapter, a fence or wall of not more than four feet in height or fences up to five feet in height with the top one foot being at least 50% open may be erected, installed, or constructed within the required front yard setback, except as follows:

Unless otherwise restricted by this chapter, in all districts, a fence or wall of not more than six feet in height may be erected, installed, or constructed within the required side yards or rear yard of the lot.

No fence or wall shall be erected, installed or constructed which:

Article X, Landscaped Buffers, of Chapter 274.

Outdoor lighting facilities shall be required for off-street parking, off-street loading, and ingress and egress thereto for all residential developments and for all business, commercial, personal service, industrial, recreational, institutional, public, and other uses. All proposed intersections with an arterial or collector road, as defined by functional classification within the Easttown Comprehensive Plan, as may be amended or readopted, shall have streetlights. The Board of Supervisors shall have the authority to require outdoor lighting to be incorporated for other uses or locations where warranted. All outdoor lighting facilities shall have underground wiring.

Proposed lighting regulated by this chapter shall be reviewed and approved by the Zoning Officer prior to its installation.

Lighting plans shall be submitted to the Zoning Officer for review and approval with all applications for conditional uses, special exceptions, variances, and subdivision and land development plans. Additionally, the Zoning Officer may require the submission of a lighting plan with any building permit application. Lighting plans shall be approved in conjunction with the corresponding application (conditional use, special exception, subdivision or land development, building permit, etc.). The required lighting plan shall include the following information:

Post-approval alterations to lighting plans shall be submitted to the Township for review and approval.

The Township reserves the right to conduct a post-installation nighttime inspection to verify compliance with the requirements of this chapter and, if appropriate, to require remedial action at no expense to the Township.

Lighting, where required by this chapter, shall have intensities and uniformity ratios in accordance with the current recommended practices of the Illuminating Engineering Society of North America (IESNA) contained in the most current edition of the IESNA Lighting Handbook, as may be amended, including but not limited to the following:

Outdoor lighting standards in parking areas shall not be located farther than 100 feet apart.

No outdoor lighting shall be permitted which shines directly into residential units or results in glare beyond an angle of 35° from a vertical plane.

All outdoor lighting shall be effectively shielded and shall be arranged so as to protect street and neighboring properties from direct glare or light radiation which may cause a safety problem or nuisance. Authority for determination shall rest with the Township Engineer.

For lighting horizontal tasks such as roadways, pathways and parking areas, fixtures shall meet IESNA full cutoff criteria (no light output emitted above 90° at any lateral angle around the fixture and no more than 10% light output above 80°).[1]

Floodlights and spotlights shall be so installed and aimed so that they do not project their output into the windows of neighboring residences, adjacent uses, directly skyward or onto a roadway.

Illuminated signs shall have an indirect lighting source or use directional lighting fixtures that shall be top-mounted so they are aimed downward.

The maximum height of a freestanding outdoor light standard which illuminates any portion of a lot in a residential district which is improved with a dwelling shall be eight feet, except lights which illuminate a tennis court, which may be a maximum of 20 feet in height. The maximum height of a freestanding outdoor light standard in all other districts and for all other uses other than dwellings shall be 16 feet. The height of an outdoor lighting fixture shall be defined as the vertical distance from the grade elevation of the surface being illuminated to the top of the lighting fixture.

Unless otherwise permitted by the Township (e.g., for safety, security, or all-night operations), lighting shall be controlled by the automatic switching devices, such as time clocks or combination motion detectors and photocells, to permit extinguishing offending sources between 11:00 p.m. and dawn to mitigate nuisance glare and skylighting consequences.

All nonessential lighting, including display, aesthetic, parking, and sign lighting, shall be required to be turned off or reduced by 75% after business hours or 11:00 p.m., whichever is earlier, leaving only the necessary lighting for site security. Lighting proposed to remain on after 11:00 p.m. for a specific safety purpose shall be approved by the Township.

Directional fixtures used for architectural lighting (e.g., facade, fountain, feature and landscape lighting) shall be aimed so as not to project their output beyond the objects intended to be illuminated and shall be extinguished between the hours of 11:00 p.m. and dawn.

When an outdoor lighting installation is being modified, extended, expanded, or added to, the entire lighting installation shall be subject to the requirements of this section.

Township approval of an outdoor lighting plan does not relieve the landowner of responsibility should lights, after construction, not conform to the provisions of this section.

The following are maximum permissible sound levels by receiving land use as specified in Figure 8-2 below. No person shall operate or cause to be operated on private or public property any source of continuous sound (any sound which is static, fluctuating, or intermittent with a recurrence greater than one time in any fifteen-second interval) in such a manner as to create a sound level which exceeds the limits set forth for the receiving land use category in the following figure when measured at or beyond the property boundary of the receiving land use.

The maximum permissible sound levels by the receiving land use category as listed in the previous figure shall not apply to any of the following noise sources:

Excepted from the foregoing restrictions are customary and usual agricultural operations, maintenance and repair operations performed on outdoor recreational facilities, such as parks, playing fields, playground facilities, and golf and tennis facilities. In no event shall the foregoing excepted actions commence prior to 6:00 a.m., prevailing time.

There shall be no emission of dust, dirt, smoke, ash, fumes, vapors, or gases or other hazardous or noxious materials to the air in such quantities that does not comply with Pennsylvania air pollution control laws, including regulations promulgated by the Pennsylvania Air Pollution Control Act of January 8, 1960, Public Law 2119, as amended,[1] including the standards set forth in the Department of Environmental Protection's Article III, Title 25, Rules and Regulations, Chapter 123 (Standards for Contaminants) and Chapter 131 (Ambient Air Quality Standards), and the National Emission Standards for Hazardous Air Pollutants of the United States Environmental Protection Agency.

Visible air contaminants shall not be emitted in such a manner that the opacity of the emissions is equal to or greater than 20% for a period or periods aggregating more than three minutes in any one hour or equal to or greater than 60% in any one time and shall comply with Pennsylvania Code Title 25, Chapter 127, or its most recent update.

No user shall operate or maintain or be permitted to operate or maintain any equipment, installation or device which, by reason of its operation or maintenance, will discharge contaminants to the air in excess of the limits prescribed herein, unless he shall install and maintain in conjunction therewith such control as will prevent the emission into the open air of any air contaminant in a quantity that will violate any provision of this chapter.

No uses, except agricultural operations, shall emit odorous gases, or other odorous matter, in such quantities to be offensive at any point on or beyond its lot lines.

The guide for determining such quantities of offensive odors shall be the fifty-percent response level of Table 1 (Odor Thresholds in Air), "Research or Chemical Odors Part I — Odor Thresholds for 53 Commercial Chemicals," October 1968, Manufacturing Chemists Association, Inc., Washington, D.C.

There shall be no activities which emit dangerous levels of radioactivity at any point. Activities which may emit radioactivity beyond enclosed areas shall comply with Chapters 221, 223, 224, 225, and 227, Title 25, Article V, Pennsylvania Department of Environmental Protection, Division of Radiology, Rules and Regulations. No operation involving radiation hazards shall be conducted which violates the regulations and standards established in Title 10, Part 20, Code of Federal Regulations, "Standards for Protection Against Radiation," in its latest revised form.

No radio or electrical disturbances, except from domestic household appliances, shall be permitted to adversely affect any equipment, such as, but not limited to, radios and televisions, at any time other than the equipment creating the disturbance.

Emergency medical services (EMS), fire departments, and the Township police shall be exempt from provisions that would hinder the regular functioning of necessary radio communications.

There shall be no disposal or release to the environment of any hazardous, special, or radioactive wastes.

All federal and state hazardous and special waste laws and regulations shall be complied with.

All hazardous and special wastes shall be disposed of at a properly licensed disposal facility having adequate capacity to accept the wastes. Evidence of a contractual arrangement with the facility shall be submitted.

No vehicle carrying pesticides, fertilizers, or other toxic, hazardous, or special chemicals or wastes shall pump water directly from a surface water source.

No direct or sky-reflected glare from high temperature processes, such as combustion, welding, or otherwise, shall be permitted so as to be visible at the lot line. These regulations shall not apply to signs or floodlighting of parking areas otherwise in compliance with this chapter.

There shall be no emission or transmission of heat or heated air so as to be discernible at the lot line.

Outdoor storage of man-made products shall be screened from view of public rights-of-way and adjacent residential uses. Screening shall be in accordance with § 274-44C, Article XI, of Chapter 274, Natural Resources Protection.

Outdoor storage facilities for fuel, raw materials, and products shall be enclosed with an approved safety fence compatible with the architectural and landscaping style employed on the lot. In addition to a fence, bulk storage tanks shall be enclosed by a moat or berm to contain potential spillage and shall comply with all applicable EPA and Pennsylvania DEP regulations.

All organic refuse or garbage shall be stored in watertight, verminproof containers in multifamily, commercial, and industrial developments; garbage storage shall be centralized to expedite collection and enclosed on three sides by an architectural screen or plantings in accordance with § 274-44C, Article XI, of Chapter 274, Natural Resources Protection.

No highly flammable or explosive liquids, solids, or gases shall be stored in bulk above ground, except the following, which shall meet the National Fire Code:

Major recreational equipment.

Storage of trailers when left in place and used as an extension to the building is not permitted in residential districts.

No storage shall be permitted within the front yard of any lot.

Commercial vehicles in residential districts. No commercial motor vehicle or part thereof which has a gross weight in excess of 8,000 pounds, or which is in excess of 20 feet in length, and no construction, excavating, earthmoving, or similar equipment shall be parked, stored or maintained on any road, right-of-way or lot or within any structure in any residential district (AA, R-1, R-2, R-3, R-4, R-5, and VR), except during the actual performance of work on the premises where said vehicle or equipment is or is intended to be parked, stored or maintained. The proper maintenance and storage of farm equipment, horse vans, and recreational vehicles on a lot owned or occupied by the owner of said equipment, van, or vehicle shall not be prohibited by the above provisions.

The industrial or commercial use involved traditionally employs outdoor storage.

Such storage is needed for the successful operation of the use, and the proposed site is suitable for outdoor storage.

It can be shown that indoor storage is not practical.

The storage shall comply with all setback requirements applicable to the lot and shall cover only that percentage of total lot area which is proven practical and feasible to the Zoning Hearing Board. Wherever feasible, outdoor storage shall be located to the side or rear of the property.

The storage area shall be screened from view from any public right-of-way, residential district, or residential use by buildings, walls, or an effective screen as defined within this chapter.

Any establishment which furnishes shopping carts or mobile baskets as an adjunct to shopping shall provide definite areas within the building and parking space area for storage of said carts. In no case shall any such cart be allowed to be removed from the property. Each designated storage area shall be enclosed by a barrier at least six inches higher than the parking area surface and shall be clearly marked for storage of shopping carts. All shopping carts shall be stored indoors or otherwise properly secured during nonoperating hours.

Bloodmobile, mobile medical testing facility and similar activities related to the promotion of public health.

Headquarters for political campaigns, for a period not to exceed three months.

Offices for contractors on the site and during the period of construction only, after which the office shall move into one of the permanent units.

Mobile office of the armed forces of the United States for public education or recruitment.

Temporary housing for residents displaced from the principal residence due to damage which has made the structure uninhabitable while the principal dwelling is being constructed, renovated, or repaired.

Temporary shelter for business operations that have been displaced from the principal building due to damage which has made the principal structure unusable while the principal structure is being repaired.

Temporary nonpermanent shelter for business operations involving the sale of merchandise, including, but not limited to, tents used by the automotive industry for special events or sales.

Except as noted, a temporary use and occupancy permit shall not exceed six months in length. Said permits may be renewed once when approved by the Zoning Officer. A temporary use and occupancy permit shall not be required for those uses listed under Subsection A(1) above, unless such uses remain in the same location for more than two consecutive days.

In the case of the temporary structures in Subsection A(3), (5) and (6) above, the temporary structure shall only remain in place until the principal structure(s) has been repaired or constructed. The initial permit may be renewed for one three-month period, provided that the applicant can demonstrate reasonable progress towards the completion of the project necessitating the temporary structure.

It shall be the responsibility of the applicant to demonstrate the need for a temporary use and occupancy permit.

All setbacks and lot coverage requirements of this chapter shall be met to the greatest extent possible.

The owner must reside in one of the structures during construction or renovations.

Prior to the issuance of a land use permit for the construction and renovation on a lot where a temporary residential structure will be located, the owner shall sign a binding agreement with the Township that the provisions of this subsection shall be complied with.

All temporary structures shall be removed completely within 30 days of the expiration of the permit without cost to the Township.

Promote retention of the character of the Township through recognition and protection of historic resources.

Establish a clear process by which proposed changes affecting historic resources are reviewed to mitigate the negative effects.

Encourage the continued use and protection of historic resources and to facilitate their appropriate reuse.

Encourage the preservation and protection of historic settings and landscapes.

Discourage the demolition of historic resources.

Protect and preserve historic resources, per Section 603(b)(5) of the PA MPC.

Promote and preserve areas of historic significance, per Section 603(c)(7) of the PA MPC.

Provide for protection of historic features and resources per Section 603(g)(2) of the PA MPC.

Implement the goals of the Pennsylvania Constitution within Article I, Section 27, which establishes the state policy of encouraging the preservation of historic and aesthetic values of the environment.

Utilize the "Design Standards for Historic Resources Protection," consisting of six 11 inches by 17 inches sheets, dated September 12, 2022, and any updates thereto.[2]

There shall be two Classes of historic resources in Easttown Township:

Easttown Township Historic Resources Map.[3] The Historic Resources Map, as may be amended, contains properties with significant architectural, historical or archeological sites of the Township and are designated as historic resources.

Criteria for Easttown historic resource designation. A property containing a building, site or structure is determined by the Township to be of historical, cultural, agricultural, and/or architectural significance by meeting three or more of the following criteria:

Adding a property to the Historic Resources Map. A property may be added to the Historic Resources Map, if found to meet three or more of the criteria for Easttown historic resource designation above and approved by the Board of Supervisors, in accordance with the below process.

Removing a property from the Easttown Township Historic Resources Map. In the unusual circumstances that a property owner seeks to have the historic resource considered for removal from the Historic Resources Map, the following procedure is required:

Required review process for exterior renovation.

Applications to change the exterior appearance of any contributing building by addition, reconstruction, alteration, maintenance, or repair, shall be reviewed one time by the Historical Commission. Exterior changes for all principal and accessory buildings shall include all matters which require a permit where subject to public view. These shall include but are not limited to additions and changes subject to public view such as the repair or replacement of windows; doors; balustrades; columns; cornices; moldings; trim; porches, siding and exterior surfaces; roofing; awnings; fences; signs; murals; and solar panels.

Special consideration for Class 1 and Class 2 historic resources in the Village of Berwyn Districts. The primary design aesthetic of the Village of Berwyn Districts is Victorian Vernacular. Other designs that fit in within a specific historic streetscape shall be considered. Front entrance garages on frontage streets in the Village of Berwyn Districts are not seen as fitting in with the historic environment.

The Historical Commission shall utilize the "Design Standards for Historic Resources Protection," dated September 12, 2022, and any updates thereto, in their review, analysis, and evaluation of exterior renovation subject to public view.

A recommendation from the Historical Commission shall not be required before a permit is issued by the Building Code Official for changes to the interior of structures.

The Historical Commission shall review one time any historic resources brought to, moved within, or disassembled and re-assembled on-site in Easttown Township. The review shall include appropriate siting of the relocated structure within the context of the property.

The Easttown Township staff and the Historical Commission may perform a visual inspection from the street for properties depicted on the Historic Resources Map, as may be amended, to detect maintenance issues affecting the exterior of structures, and alert the Zoning Officer of any historic structures deemed in need of maintenance.

This review process shall be required for exterior renovation of Class 1 and Class 2 historic resources where such renovation is subject to public view. Where an applicant agrees, in writing, with the Historical Commission's recommendation, then renovation permits shall be issued if otherwise ripe for issuance. Where an applicant disagrees with the Historical Commission's recommendation, or in the absence of timely Historical Commission action, the applicant shall, within seven days of the date of the written recommendation of the Historical Commission, or within seven days of expiration of the Historical Commission's time for action, make a written request for review by the Board of Supervisors, for final Board of Supervisors review and action within 45 days of the date of the written recommendation of the Historical Commission, or within 45 days of expiration of the Historical Commission's time for action. Failure of the Historical Commission to act and provide recommendations within the time periods set forth in this section shall not result in a deemed approval of the application, but shall be grounds for the Board of Supervisors to take final review and action without reference to the Historical Commission recommendation. All time periods may be extended, and its length established, by mutual consent.

Simplified review process for exterior renovation.

Simplified review process for new construction (non-SLDO) in the Village of Berwyn Districts.

Review process for new construction (SLDO) in the Village of Berwyn Districts.

The Historical Commission shall utilize the Design Standards for Historic Resource Protection, dated September 12, 2022, and any updates thereto, in their review, analysis, and evaluation of new construction.

No Class 1 or Class 2 historic resource shall be demolished, in whole or in part, whether deliberately or by neglect, including removal or stripping of any historically or architecturally significant exterior features, unless a permit is obtained from the Zoning Officer in accordance with the requirements of this section and other applicable standards and procedures of the Township Building and Fire Codes.

Demolition by neglect.

Application requirements for demolition of historic resources.

Review process for demolition permits.

Increase the opportunity for uses in historic structures within the Township to assist in their continued viability.

Promote retention of the character of the Township through recognition and protection of historic and cultural resources.

Establish a clear process by which proposed changes affecting historic resources are reviewed to mitigate the negative effects.

Encourage the continued use of historic resources and to facilitate their appropriate reuse.

Encourage the preservation of historic settings and landscapes.

Discourage the demolition of historic resources.

Implement the goals of the Pennsylvania Constitution within Article I, Section 27, which establishes the state policy of encouraging the preservation of historic and aesthetic resources.

Any use permitted in the zoning district in which the property is located.

Where approved by the Board of Supervisors as a conditional use in accordance with Article XIV of this chapter, as well as the specific requirements for conditional use approval set forth in Subsection C(2)(a) to (d) below, additional use opportunities from those permitted in Subsection C(1) above may be permitted on properties containing Class 1 historic resource(s). Such use opportunities may be permitted in place of any existing use being made of the property, as a second principal use and/or an accessory use. It is intended that such uses not otherwise permitted in the underlying zoning district be principally contained within structures designated as Class 1 historic resources. Additional use opportunities shall, when permitted by conditional use, include the following:

The area and bulk regulations related to the zoning district in which the historic resource is located shall apply, unless modifications are approved by Subsection D(2) below.

The Board of Supervisors, through the granting of a conditional use, may approve requested modifications to the applicable net lot area, lot width, or yard requirements for plans affecting Class 1 historic resources, in accordance with the criteria set forth under Article XIV, Conditional Uses, and provided the criteria in Subsection E below are met.

The approval of the conditional use is deemed by the Board of Supervisors to be necessary to the preservation of the historic resource.

Every reasonable effort shall be made to provide a compatible use for a property, which requires minimal alteration of the building, structure or site and its environment, or to use a property for its originally intended purpose.

The distinguishing original qualities or character of a building, structure, or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible.

Deteriorated architectural features shall be repaired rather than replaced wherever possible. In the event replacement is necessary, every attempt should be made to match the original material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than conjectural designs or the availability of different architectural elements from other buildings or structures.

The approval of the conditional use will be deemed by the Board of Supervisors to have no adverse effect on adjoining properties.

In granting conditional use approval, the Board of Supervisors may require as a condition of approval the establishment of a conservation easement or other means to guarantee permanent protection of the historical integrity of the resource.

In granting conditional use approval, the Board of Supervisors shall be satisfied that adequate water supply and sewage disposal can be provided for all permitted uses.

Where plans for historic resources result in all or portions of any such resources remaining unoccupied, such unoccupied resources shall be tightly sealed and barred off in a manner not compromising historical integrity, and the utilities are turned off for safety.

Any plans for the rehabilitation, alteration, or replacement of an historic resource proposed to be a part of the conditional use application must be in substantial compliance with the Secretary of the Interior's Standards for Rehabilitation of Historic Structures.

The Planning Commission shall review all requests for conditional use approval and evaluate whether requested modifications are necessary for the preservation of the historic resource. The Commission shall review any construction plans for their compliance with the standards. Recommendations shall be transmitted in a written report to the Board of Supervisors prior to the rendering of a decision by the Board of Supervisors.

The Board of Supervisors may deny the request for conditional use, upon the review of the Planning Commission, if it deems the proposal to be unacceptably destructive to the integrity of the historic resource and/or where the Board finds the proposal to be inappropriate in the context of the immediate neighborhood.