Franklin Township Chester County
City Zoning Code
City Zoning Code
PART 15
GENERAL STANDARDS
§ 27-1501 Applicability.
[Ord. 95-07, 12/14/1995, § 1400; as amended by Ord. 2016-02, 4/20/2016]
Unless otherwise noted, the following provisions in this Part 15 are applicable to all districts, except that such provisions shall not apply to agricultural structures and uses as part of a normal agricultural operation.
§ 27-1502 Reduction of Lot Area.
[Ord. 95-07, 12/14/1995, § 1401]
No lot shall be reduced so that the area of the lot or its dimensions shall be less than that required herein.
§ 27-1503 Yard Calculations.
[Ord. 95-07, 12/14/1995, § 1402]
No yard or other space surrounding any building or structure for the purpose of complying with this chapter shall be considered as a yard or other open space for another building or structure.
§ 27-1504 Roadway Visibility.
[Ord. 95-07, 12/14/1995, § 1403]
1.
No obstruction including, but not limited to, walls, fences, and vegetative material shall be permitted on any lot which impedes the vision of traffic. Landscaping shall not be located within the right-of-way of collector and arterial roads.
2.
On a corner lot or at a point of entry on a public road, nothing shall be erected, placed or allowed to grow in a manner which obstructs vision:
§ 27-1505 Stripping of Topsoil and Excavation.
[Ord. 95-07, 12/14/1995, § 1404; as amended by Ord. 2013-04, 12/18/2013, § 10]
1.
Conditions. The stripping of topsoil and the excavation of clay, sand, gravel or rock shall be permitted only under the following conditions:
2.
Standards for Stripping Soil. Topsoil may be removed, provided the site is graded and the site is stabilized and seeded in accordance with DEP and Chester County Conservation District Chapter 102 regulations. In all cases, a minimum of six inches of topsoil (technically known as the "A" Horizon, in the USDA Soil Survey) shall remain.
3.
Standards for Excavation. Excavation operations shall be permitted and the material thus excavated may be sold only under the following situations:
§ 27-1506 (Reserved) [1]
[1]
Editor's Note: Former § 27-1506, Composting Operations, as amended, was repealed 4/20/2016 by Ord. 2016-02.
§ 27-1507 Projections Into Required Yards.
[Ord. 95-07, 12/14/1995, § 1406]
1.
All required yards shall be unobstructed except as follows:
A.
An arbor, open trellis, flagpole, unroofed steps or terrace, recreational facilities and alternative energy system components shall be permitted with no restriction.
B.
Roofed terraces or porches and carports not included in the area calculation of a building may project into any yard area no more than 15 feet, provided such projections shall be no closer than 15 feet from any lot line to provide access to firefighting equipment.
§ 27-1508 Exception to Height Regulations.
[Ord. 95-07, 12/14/1995, § 1407; as amended by Ord. 2008-04, 11/19/2008, § 1]
1.
Applicability. Height regulations shall not apply to church steeples, barns and silos for agricultural use, flagpoles, communication towers, antennas and alternative energy system components, including solar panels and electrical generating windmills.
2.
Standards. Any and all exceptions shall not be raised to a height greater than the distance between the base and the nearest property line. Foundations for any tower shall be constructed at least in accordance with the standards for foundations, footings and wind load calculations under the Uniform Construction Code [Chapter 5, Part 1].
§ 27-1509 Access Requirements.
[Ord. 95-07, 12/14/1995, § 1408; as amended by Ord. 2008-04, 11/19/2008, § 1]
Every building and structure shall be located on a lot adjacent to a public street or have access to an approved private street. Lots having no direct access shall remain vacant until an access established by this section is provided. Access standards are contained in Chapter 22, Subdivision and Land Development.
§ 27-1510 Refuse Disposal.
[Ord. 95-07, 12/14/1995, § 1409]
Refuse disposal shall be the responsibility of the individual dwelling unit and lot owners. In all instances refuse shall be stored in durable, rust resistant, watertight and rodent and pet-proof containers. In no event shall refuse be stored outdoors for more than seven days.
§ 27-1511 Minimum Floor Area.
[Ord. 95-07, 12/14/1995, § 1410]
Any single-family dwelling hereafter erected, altered, or located upon any lot in the Township shall have a minimum habitable floor area of 700 square feet.
§ 27-1512 Storm Drainage.
[Ord. 95-07, 12/14/1995, § 1411; as amended by Ord. 2013-04, 12/18/2013, § 12]
Stormwater runoff shall be managed in accordance with the provisions of Chapter 19, Stormwater Management.
§ 27-1513 Growth and Maintenance of Weeds and Vegetation.
[Ord. 95-07, 12/14/1995, § 1412; as amended by Ord. 2008-04, 11/19/2008, § 1]
1.
Legislative Intent. Franklin Township, a second class township in Chester County, Pennsylvania, exists as a township with agricultural uses as well as residential uses. This section is intended to apply to the portions of the Township of Franklin not devoted to agricultural uses. It is not intended to be applicable to land maintained in a natural and undeveloped state such as woodland or wetland but is intended to be applicable to the area of the Township devoted to residential uses. This section is for the protection of the public safety and health by regulating the maintenance of residential properties to prevent the accumulation of noxious plants, weeds and shrubs and to prevent the accumulation of trash and debris in such areas.
2.
Maintenance. All lots in residential areas shall be maintained in such a manner that all excess vegetation and noxious vegetation shall be removed.
3.
Excess Growth of Vegetation. Upon the occurrence of any excess growth of invasive or noxious vegetation in residential areas, the owner of the real estate shall be notified by the person so authorized to enforce this chapter indicating the violation of this chapter. The notice shall be valid if mailed by first-class mail to the address of the owner given for real estate tax purposes or by personal delivery to the occupant of the site.
[Amended by A.O.]
5.
Compliance. Failure of the owner of the property or occupier of the property to comply with this chapter after the said seven-day notice shall authorize the Township to enter upon the property and remove the excess growth and noxious growth from the property and charge the property owner or occupant of the property for the same. This cost of removal shall be in excess of any fines imposed as stated heretofore and shall be collected as a fine by a summary proceeding before the Magisterial District Judge.
§ 27-1514 (Reserved) [1]
[1]
Editor's Note: Former § 27-1514, Environmental Impact Assessment and Mitigation Report, added 11/19/2008 by Ord. 2008-04, as amended, was repealed 6/17/2015 by Ord. 2015-02.
§ 27-1515 Horses.
[Added by Ord. 2016-03, 4/20/2016]
2.
Detailed Requirements.
A.
Equestrian uses, including, and not limited to, events, renting, boarding/training, therapeutic riding, rehabilitation, riding, driving, etc., shall be considered a use by right in all zoning districts.
B.
Equestrian uses that involve wagering, and/or charging of admission to access the property, shall be permitted in all zoning districts, on lots in excess of 10 acres, when approved as a conditional use by the Board of Supervisors.
C.
Properties that meet the definition of a "concentrated animal operation (CAO)" or "concentrated animal feeding operation (CAFO)" must develop and maintain a nutrient management plan, as required by the state.
D.
The minimum gross lot area shall be at least three acres for the keeping of horses. Two horses may be kept on a three-acre lot. For lots exceeding three acres, but less than 10 acres, for each additional one acre of lot area, one additional horse shall be permitted.
E.
Conditional Use Approval.
(1)
Conditional use approval may be requested from the Board of Supervisors for the following conditions:
(2)
In all conditional use applications, the owner shall demonstrate that adequate provisions for keeping of horses, including and not limited to food, housing, exercise, and cleanliness, are provided for on the property.
F.
Horses shall be kept tied, confined, and/or within a fenced area unless they are under the direct control of an individual.
G.
Suitable shelter shall be provided for each horse. If a barn/stable-type shelter structure is not provided, turnout shelters shall be provided. Any shelter shall provide at least the following minimum standards:
H.
All shelters shall meet the setback requirements for accessory structures of the underlying zoning district.
I.
A zoning permit shall be required for all turnout shelters, barns, and stables.
J.
A manure storage area or a manure storage structure shall be provided and shall meet the following minimum criteria:
(1)
The nearest edge of a manure storage area shall be set back at least twice that of the setback for accessory structures of the underlying zoning district.
(2)
A manure storage structure shall be located no closer to a property line than the setback for an accessory structure of the underlying zoning district.
(3)
Manure shall be properly stored on a temporary basis so as not to create a nuisance and/or a health hazard.
(4)
Manure shall be removed from or spread on the property a minimum of once every six months.
(5)
The nearest edge of a manure storage area/structure shall not be located within 25 feet of any wetlands or floodplain.
(6)
A manure storage structure must contain at least one aboveground wall, less than four feet in height, that prevents the manure from entering the area between the accessory structure setback line and property line.
(7)
A zoning permit is required for a manure storage structure.
K.
All fencing, shelters, manure storage areas, etc., shall be maintained in good condition at all times while horses are being kept.