Dwellings and accessory buildings shall be:

Parking and loading shall be located behind buildings or otherwise screened from view by plantings or berms.

New buildings shall use construction materials and earth-tone colors which are consistent with existing buildings on the site.

Removal of trees greater than eight inch dbh within 50 feet of the road right-of-way shall be prohibited, unless such tree is diseased, poses a safety hazard, or is considered an invasive species by the county and/or state.

Obnoxious, toxic or corrosive fumes or gases.

Odors perceptible at the property lines or downwind from the source of any odor, other than produced by farm operations.

Dust or other particulate matter not associated with farm operations, construction or demolition activities.

Unfiltered smoke and exhaust emissions.

For those structures or uses which are served by pickup trucks and vans for loading, the minimum size for each loading berth shall be 10 feet in width and 20 feet in length, with minimum vertical clearance of 12 feet.

For those structures or uses which are served by vehicles larger than those specified in Subsection 2A(1) above, the minimum size of each loading berth shall be 12 feet in width and 45 feet in length, with a minimum vertical clearance of 14 feet.

Semis or combinations or articulated vehicles 90 feet, vertical 16 feet.

Loading facilities shall be located on the same lot and adjacent to the principal structure or use.

An appropriate means of vehicular access shall be provided to an interior drive in a manner which will least interfere with traffic movement. Safe and convenient access shall be provided to the loading berths throughout the year.

Loading areas shall be designed so that they may be used without requiring a vehicle to back out into a street or interfere with the use of accessways, automobile parking facilities and pedestrian or bicycle paths.

An all-weather surface shall be provided for loading berths. Pavement shall consist of compacted macadam base no less than six inches thick and asphaltic concrete surfaces no less than two inches.

All loading berths shall be located in the side or rear yard area and outside of a public right-of-way.

Loading berths shall be located a minimum of 100 feet from any adjacent residence and no closer than 50 feet from any property line.

No loading berth or maneuvering area shall be used in the calculation of parking space requirements. Required off-street parking spaces cannot substitute for loading berths.

Joint loading facilities may be provided for mixed use developments, unified developments, shopping centers and multitenant buildings.

Parking spaces shall be provided for each structure or use according to the table below. Requirements expressed in square footage refer to gross floor area (GFA) unless otherwise specified.

When the computation of required parking spaces results in a fractional space, any fraction of 1/2 or less may be disregarded. A fraction in excess of 1/2 space shall be counted as one parking space.

Off-street parking spaces shall have proper and safe access to a public street or an approved private street.

Slots available in driveways, carports and garages may satisfy parking requirements provided that sufficient space is available.

Off-street parking shall be located outside of a public right-of-way.

The regulations established under this section apply to all structures or uses other than single- and two-family residential.

Off-street parking spaces shall have proper and safe access to a public street or an approved private street.

Off-street parking shall be located outside of the public right-of-way.

Excluding agricultural and related uses, off-street parking spaces shall be paved with dust-proof, all-weather surface including pervious cover such as porous paving. Concrete lattice blocks or gravel may be substituted for reserve or overflow parking if approved by the Board of Supervisors.

Off-street parking spaces shall be reserved and used for vehicular parking only, with no sales, storage, repair work, dismantling or servicing of any kind other than in emergency situations.

For automotive and farm equipment sales, a parking lot, exclusive of vehicle storage areas, shall be provided for customers and employees.

For those structures and uses which offer drive-through service, a minimum of two spaces at least 20 feet in length shall be provided for each lane. One additional space per drive-up lane shall be provided for those waiting to get into line.

Handicap accessible parking shall be provided in accordance with the Federal Americans with Disabilities Act.

Signs within off-street parking areas shall be in compliance with Part 20 of this chapter.

Lighting for off-street parking areas shall be in compliance with § 27-1607.

Parking lots shall be landscaped in accordance with § 22-610 of Chapter 22, Subdivision and Land Development.

No parking shall occur on any public street or within any right-of-way of public street.

Interior parking aisles which are designed to accommodate two-way traffic shall be at least 22 feet wide.

Interior parking aisles which are designed to accommodate one-way movements shall have the following minimum widths:

Parking lots shall be designed to allow vehicles leaving parking lots to exit onto roads and highways in a forward direction.

Parking lots shall be designed so that a vehicle within a parking lot will not have to enter a public street to move from one location to any other location within the parking lot.

Sufficient stacking space with a minimum length of 20 feet shall be provided for vehicles waiting to enter the parking lot.

Entrance and exits, fire lanes, parking stalls, aisles, drive-up service and interior drives shall be clearly designated to encourage proper traffic circulation.

Special use spaces such as employee parking, short term visitor parking, handicapped parking and pickup/drop-off zones shall be differentiated by suitable markings.

Aisle length shall not exceed 350 feet without a cross aisle for vehicle circulation.

Layout shall direct service vehicles outside the boundaries of principal parking areas and provide sufficient turning radii and vertical clearances.

The Township may require the installation of speed bumps, stop signs, pedestrian crosswalks, or other traffic control devices within parking lots where, due to parking and circulation design, high vehicle speeds may develop, thereby increasing vehicle/pedestrian conflicts.

Pedestrian walkways or sidewalks shall be provided where necessary for pedestrian safety. Such walkways and sidewalks shall be protected from vehicular encroachment by wheel stops, landscaping, or other acceptable methods.

Parking facilities and required pedestrian facilities shall be linked to any adjacent pedestrian circulation facilities.

One bicycle parking space for each 20 vehicular parking spaces shall be provided in the lot. No more than 10 bicycle parking spaces shall be required in any one parking lot.

Bicycle parking should be located in an area of the parking lot which is highly visible and convenient to destination entrances.

Bicycle parking should not interfere with pedestrian traffic and should be protected from potential damage by other vehicle traffic.

That the reserve area be shown on the land development plan as part of the required parking area.

That the reserve area be restricted from development other than for parking purposes.

That the additional parking spaces be constructed in accordance with this Part, where the Board determines that the spaces are necessary due to traffic congestion of parking overflow on the site.

That until such time parking spaces are constructed, the parking reserve area shall be landscaped.

A single parcel of land.

Multiple contiguous parcels undivided by roadways, railroad rights-of-way, or other significant obstructions that effectively divide the site. In the case of multiple contiguous parcels, all applicable parcels shall be developed according to a single plan and with common authority and common responsibility. The Township may require evidence of an agreement between all owners of included parcels demonstrating binding commitment to common development of the parcels.

In the HDR High-Density Residential District and V Village District, a minimum of 50% of the total tract area shall be designated on the plan as common open space and held in a tract or tracts separate from the development area. This common open space shall include a minimum of 10% of the total tract, which is classified as developable area and is free of pipeline and utility rights-of-way. Refer to "protected area" in § 27-202.

In all other districts, a minimum of 55% of the total tract area shall be designated on the plan as common open space and held in a tract or tracts separate from the development area. This common open space shall include a minimum of 10% of the total tract, which is classified as developable area and is free of pipeline and utility rights-of-way. Refer to "protected area" in § 27-202.

The area(s) of the tract that will not be designated as part of the common open space area shall be designated on the plan as development area(s). Development areas are all areas not designated as common open space and include, but are not limited to, building areas, yards, driveways, and roads.

Within a development area, single-family dwellings, two-family dwellings, townhouses, or multifamily dwellings may be arranged so as to provide for individual lots for each unit or may be arranged as rental units or condominiums. In either case, sufficient yard areas shall be set aside (see dimensional standards in Subsection 6B) and designated on the plan, so that, throughout the development, the following zoning district applicable net density multipliers apply:

Areas designated as common open space shall be configured so as to:

Dwellings and accessory buildings shall be configured so as to:

The principal building on a lot shall be set back a minimum of 100 feet from the nearest original tract perimeter overall boundary line; except where existing natural features of the site, including, but not limited to, woodlands areas, changes in topography, hedgerows, or other site characteristics, result in the dwelling unit being completely visually screened from the adjacent property and guarantees are provided through the planning process that such features will remain undisturbed, this setback may be reduced to no less than 75 feet.

Building height shall be limited to three stories, not to exceed 35 feet. To the extent that any portion of a structure must be located above a ridgeline elevation, such siting shall be contingent upon the submission and approval by the Board of Supervisors of a plan for the mitigation of such ridgeline impacts. Such plans shall identify the locations and dimensions of the proposed structure(s), the architectural style proposed and shall demonstrate how the structure(s) shall be effectively screened from the adjacent tracts through screening and/or designed to minimize disruption of view of the ridgeline.

No more than five townhouse units shall be attached in a single structure or group of attached dwelling units.

No single structure or group of attached dwelling units shall be more than 150 feet in length in any direction.

In any single structure containing four or more dwelling units arranged in a linear manner, the facades of any two adjacent units shall be offset by at least four feet or as approved by the Board of Supervisors as based on review of architectural plans to avoid uniform facades.

Minimum Required Distance Between Buildings.

All structures shall be set back at least 15 feet from the right-of-way of any internal access road.

All structures shall be set back at least 15 feet from the edge of any shared parking area except in the case of contiguous, adjacent driveways that lead to a garage or carport, for which no setback shall be required.

Where common open space is designated as separate, noncontiguous parcels, no single parcel shall consist of less than one acre in area. No single area or portion of an area designated as common open space shall be counted toward the minimum required open space wherever such area or portion of area is less than 150 feet in width, except in the case of a trail corridor or other linkage between two larger, noncontiguous, open space areas, which shall be a minimum of 25 feet in width, unless floodplain, steep slope or other conditions necessitate a wider trail corridor, and shall be subject to approval at the discretion of the Board of Supervisors.

Any parcel within an open space development, including any common open space parcel, that could qualify for further subdivision, shall be restricted from further subdivision or land development by deed restriction, conservation easement, or other agreement in a form acceptable to the Township and duly recorded in the office of the Recorder of Deeds of Chester County, Pennsylvania, and shall be noted on the face of the subdivision and/or land development plan.

At least 10% of the minimum required open space area, but not less than one acre, shall be usable for active recreational uses, such as playfields, and shall have a finished grade of less than 5% slope.

As required by applicable sections of Part 16:

Storm drainage, as required by Chapter 19, Stormwater Management.

Signs, as required by Part 20.

Natural resource protection, as required in Part 25.

Homeowners' Association. The applicant may provide for the establishment of an organization for the ownership and maintenance of the common property and improvements. The organization shall consist of property owners within the open space development, each receiving an equal vote and responsibility.

Condominium. The open space as authorized herein may be controlled through the use of a condominium agreement. Such agreements shall be in conformance with the Uniform Condominium Act of 1980, 68 Pa.C.S.A. § 3101 et seq., as amended. In such instance, all open space and improvements shall be held as a "common element."

Dedication of Easements. The Township may at any time accept easements for the public use of any portion or portions of the common open space. Such land shall be thereby accessible to the residents of the Township. In the event of a dedication of an easement, the Township shall enter into a maintenance agreement with the owners of the common open space. However, the Township is not obligated to accept any such easement.

Transfer of Easements to Private Conservation Organization. Easements on common open space may be transferred to a private, nonprofit organization involved in the conservation of natural resources upon approval by the Township. The conveyance of an easement shall contain appropriate provisions for the reversion to the Township at any time the property is not used pursuant to the intentions of this chapter. Prior to the transfer of an easement, a maintenance agreement shall be entered into between the Township, the organization holding ownership and the proposed conservation organization.

Fee Simple Dedication. Nothing herein is intended to prevent the dedication of all or part of the common open space to the Township for the use and maintenance by the Township for common open space. However, the Township is not obligated to accept any such dedication of property.

Lease Option. To encourage the retention of agricultural lands, the Township, homeowners' association, private conservation organizations, or the condominium agreement may permit all or portions of the open space lands to be leased to a farmer. Approval of the lease option shall be conditioned on appropriate agreements between the title holder and the farmer concerning permitted farming practices and use of land in the event farming practices cease.

The applicant shall provide a description of the organization, including its bylaws and methods of maintaining common open space and improvements.

The organization is established by the applicant and operated with financial subsidization by the applicant prior to the sale of any lots within the development.

Membership in the organization is mandatory for all purchasers of homes and their successors.

Controlling interest shall not be conveyed from the applicant to the homeowners' association prior to completion and sale of at least 75% of the total number of units.

The organization shall be responsible for meeting insurance and tax obligations on the common open space and improvements.

Rights and duties of the members of the association in the event of a breach of the covenants and restrictions shall be defined.

The bylaws shall include a statement which grants to the Township such power, but not the duty, to maintain the common open space and common facilities and to assess the cost of the same as provided within the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq.

Any application for approval under this section shall contain a conceptual plan for the long-term management of open space which is to be created as part of the development. Such a plan shall include a narrative discussion of:

The conceptual management plan shall be transformed into a more detailed open space management plan and presented to the Township for review and approval with the final subdivision and land development plan. The Board of Supervisors shall require that the management plan be recorded, with the final subdivision and land development plans, in the Office of the Recorder of Deeds of Chester County. In order to allow for the changing needs inherent in the perpetual management of land, the management plan shall contain a provision to the effect that it may be changed by written application to the Board of Supervisors. Approval of such application by the Board shall not be unreasonably withheld or delayed, so long as the proposed change is feasible and consistent with the purposes of preservation of open space set forth in this Part and so long as the plan for such change avoids a likelihood of the obligation for management and maintenance of the land falling upon the Township without the consent of the Board of Supervisors.

In the event an organization or a condominium organization undertakes the responsibility of maintaining the common open space and improvements and fails to maintain the same in reasonable order and conditions in accordance with the development plan, the Township may serve written notice upon the organization or residents in the development setting forth the manner in which the organization has failed to properly maintain the common areas.

Notice shall demand that the deficiencies of maintenance be corrected within 30 days and shall establish the date and place of a hearing to be held on the delinquency. Such a hearing should take place within 14 days of the notice. Should the deficiencies set forth in the original notice or in the subsequent modifications fail to be corrected within the established 30 days, the Township, in order to preserve the taxable values of the affected properties, may enter the common open space and improvements and maintain them for a period of one year. Such efforts shall not constitute a taking of the property nor vest in the public any right to use the same. The cost of maintenance by the Township shall be assessed ratably against the properties within the development that have a right of enjoyment. Such assessments shall be perfected by filing in the Office of the Prothonotary of Chester County, Pennsylvania.

A single parcel of land.

Multiple contiguous parcels undivided by roadways, railroad rights-of-way or other significant obstructions that effectively divide the site. In the case of multiple contiguous parcels, all applicable parcels shall be developed according to a single plan with common authority and common responsibility. The Township shall require evidence of an agreement between all owners of included parcels demonstrating binding commitment to common development of the parcels.

Conveyance of a perpetual conservation easement running with the land to a bona fide nonprofit conservation organization with perpetual existence established for that purpose, provided that the organization is acceptable to the Township; the conveyance contains appropriate provisions for proper transfer in the event that the organization becomes unable or unwilling to continue carrying out its functions; and an endowed maintenance agreement acceptable to the Township is reached.

Dedication of easements to the Township, provided that the Township may, but shall not be required to, accept such easements for any portion or portions of the site, title of which is to remain in private ownership, provided that there is no cost of acquisition; and an endowed maintenance agreement is reached satisfactory to the Township.