Londonderry Township Chester County
City Zoning Code
City Zoning Code
ARTICLE XVII
Common Regulations
§ 170-93 Common regulations applicable to all districts.
For the purpose of this chapter, the following regulations shall apply to all districts for all uses permitted or permitted as a conditional use or by special exception unless noted otherwise herein.
§ 170-94 Reduction of lot area.
No lot shall be so reduced that the area of the lot or the dimensions of the required open spaces shall be less than herein specified.
§ 170-95 Obstructions to vision.
A.
On a corner lot nothing shall be erected (except street signs, utility poles, traffic signs or trees whose branches are trimmed to a height of 10 feet), placed, planted or allowed to grow in such manner as to impede vision between a height of 2 1/2 and 10 feet above the center-line grades of the intersecting streets in the area bound by the street center lines of such intersecting streets and a line joining the street center lines at the following distances from the point of intersection:
B.
Driveway entrances to streets shall be maintained in such a manner that a clear view is obtained in both directions.
C.
Fences, walls and hedges shall be permitted in any yard provided, however, that no fence, wall (except retaining walls) or hedge within 15 feet of a road right-of-way shall be over 36 inches in height. Ornamental fences exceeding 36 inches shall be permitted provided that said fence contains an open area of not less than 75%.
§ 170-96 Projections into required yards.
The following projections shall be permitted into required yards and shall not be considered in the determination of yard requirements or building coverage:
A.
Terraces or patios, provided that such terraces or patios are unroofed or otherwise unenclosed and are not closer than five feet to any adjacent lot line;
B.
Projected architectural features (bay windows, cornices, eaves, fireplaces, chimneys, window sills, or other architectural features) provided that any single feature does not project more than three feet into the required yard;
C.
Uncovered stairs and landings, provided such stairs or landings do not exceed three feet six inches in height;
D.
Lamp posts, walkways, driveways, retaining walls or steps shall be permitted within any required yard;
E.
Open balconies provided such balconies are not supported on the ground and do not project more than five feet into any yard nor closer than three feet to any adjacent lot lien.
§ 170-97 Height, lot area and coverage exceptions.
A.
Building or structure height limitations within this chapter shall not apply to spires, agricultural uses, belfries, cupolas, domes, monuments, chimneys, clock towers, microwave towers, flagpoles, water tanks, ventilators, transmission towers, windmills, elevator or stair bulkheads or other similar appurtenances usually required to be placed above the roof level and not intended for human occupancy.
B.
Lot coverage limitations within this chapter shall not apply to open porches, patios, or swimming pools, which are not located within the interior of any building.
§ 170-98 Yard requirements for corner lots.
A front yard as provided for in the area and lot requirements for the various districts shall be required on each street on which a corner lot abuts. The remaining two yards shall be side yards.
§ 170-99 Structures to have access.
Every building hereafter erected or moved shall be on a lot adjacent to a street. The erection of buildings without approved access shall not be permitted.
§ 170-100 Buffers and screens.
[Amended 5-23-2005 by Ord. No. 7-05]
A.
Vegetative buffers and screens shall be used to minimize or eliminate views of developed land and site elements and to provide landscaping that will soften the development and provide opportunities for vegetative connections between properties. Buffers and screens shall be provided in accordance with the following table and in accordance with the standards set forth herein.
Adjacent Land Use | ||||||||||
|---|---|---|---|---|---|---|---|---|---|---|
Proposed Land Use, Provides Buffer | Res. | Inst. | Office /Lab | Comm. | Util. | Jkyd. | Indust. | Int. Ag. | Ag. | MHP |
Residential | P | P | P | P | P | P | P | P | P | P |
Mobile Home Park | P | P | P | P | P | P | P | P | P | P |
Institutional | S | P | P | S | S | S | S | S | S | S |
Office/Lab. | S | P | P | S | S | S | S | S | S | S |
Commercial | S | S | S | P | S | S | S | S | S | S |
Utility | S | S | S | S | P | P | P | P | S | S |
Junkyard | S | S | S | S | P | P | P | S | S | S |
Industrial | S | S | S | S | P | P | P | P | S | S |
Intensive Agric. | S | S | S | S | P | P | P | P | S | S |
S = Screening Buffer |
P = Perimeter Buffer |
B.
Buffer type and length.
(1)
Buffers shall be one of the following types:
(a)
Screening buffers shall be used between incompatible land uses or zoning districts.
(b)
Perimeter buffers shall be used along property boundary lines or residential tract boundary lines, and around the entire perimeter of stormwater management basins, where a low level of visual buffering is desirable.
(c)
Site element screens shall be used around the perimeter of all parking lots or similar vehicular use areas, including gasoline service stations and vehicular stacking lanes associated with a drive-through facility. Site element screens shall also be used around equipment or storage buildings and yards that are not used for retail sales, and the nonaccessible sides of trash enclosures and utility boxes when these elements are not otherwise screened from view by buildings, a screening buffer, or preserved natural features.
(3)
The following methods shall be used for the purpose of calculating the amount of plant material required within a buffer or screen:
(a)
A buffer length shall be measured at the property line or right-of-way line and shall include all existing or proposed driveway openings or easements.
(b)
Where buffer yards overlap, as in the case of a front and side yard buffer, the more stringent standard shall apply in the area of overlap.
(c)
The length of the perimeter of stormwater management basins shall be measured along the center of the basin rim.
C.
Buffer and screen requirements.
(1)
Any of the following elements may be used in buffers and screens, provided that the minimum standards prescribed herein are met:
(3)
Fences, walls, and berms may be used in conjunction with required landscaping, but not as a replacement for it.
(4)
Where berms are used, they shall conform to the following standards:
(a)
Berms shall be a minimum of two feet in height and shall not exceed a ratio of three feet horizontal distance to one foot vertical distance. The length of any berm segment shall not exceed 200 feet. Segment ends shall overlap where possible.
(b)
Berms should be located to work in conjunction with vegetation, fences, and/or natural features to provide an effective buffer. They shall be laid out in a curvilinear manner, whenever space allows, to replicate the natural rolling countryside. Berms shall be located so as not to impede the flow of surface water runoff.
D.
Site element screens.
(2)
Site element screens shall be one of the following types, based on the proposed use. Where a use is not listed, the screen most suited to the use shall be used.
(a)
Low screens shall be used around the perimeters of all parking lots or other similar vehicular use areas, including gasoline service stations and vehicular stacking lanes associated with a drive-through facility, and around trash enclosures or storage buildings when decorative walls, such as brick, latticework, or split-face concrete block are proposed.
(c)
Yard screens shall be placed around vehicular storage areas that are not used as parking lots or sales areas, and around utility tower and equipment yards.
(3)
Site element screens may be eliminated if they are adjacent to or within screen buffers, when the screen buffer effectively screens views of the site element.
E.
All mechanical equipment, loading area, or storage area not enclosed in a building shall be completely screened from view from any adjacent street or residential district or use, in a manner compatible with the architectural and landscaping style employed on the property.[1]
[1]
Editor's Note: Original Section 1408, Landscaping, which immediately followed this subsection, was repealed 5-23-2005 by Ord. No. 7-05.
§ 170-101 Access and traffic control.
[Amended 12-22-2003; 4-14-2009 by Ord. No. 01-2009]
Properties zoned principally for commercial or industrial purposes shall not have vehicular access to local roads, as such roads are designated in the Londonderry Township Comprehensive Plan, except that an emergency accessway may be permitted to intersect a local road. The developer shall be responsible for the construction of any necessary traffic control devices or additional acceleration lanes required by the Pennsylvania Department of Transportation in the case of egress onto major thoroughfares.
§ 170-102 Interior drives and parking facilities.
Interior circulation within any professional, industrial, commercial, education, religious or multiple-family use requiring five or more parking spaces shall be designed so as to prevent blockage of vehicles entering or leaving the site, as well as to prevent the backing of any vehicle onto a street.
§ 170-103 Lighting.
[Amended 1-3-2011 by Ord. No. 01-2011; 8-8-2017 by Ord. No. 04-2017]
A.
Lighting shall be sufficient for the intended use and of satisfactory design and location, as determined by the Township. All lighting incident to uses other than single-family detached or two-family residential, where not part of a subdivision or land development application, shall be subject to review by the Planning Commission and approval by the Board of Supervisors. In such cases, where the Planning Commission requests a review of the proposed lighting by the Township Engineer, the applicant shall cover all costs of such review.
B.
All lighting shall be effectively shielded and shall be so arranged as to protect streets and neighboring properties from direct or indirect glare.
C.
All lighting shall be further subject to the provisions of §§ 170-110A(13), 170-134, 170-137D, and 170-137.1.
§ 170-104 Storage.
A.
Storage of any goods, material or products shall be accomplished in such a way as to protect neighboring properties from any unreasonably adverse effects. Authority for determination of responsibility for, or degree of, violation shall rest with the Zoning Officer.
B.
Storage incident to multifamily residential, commercial, commercial-residential, professional, and industrial uses shall be effectively screened from neighboring properties and streets in accordance with a plan approved by the Planning Commission.
C.
All rubbish, whether organic or inorganic, shall be stored in suitable containers and property disposed of as soon as is practical. All garbage-like materials shall be contained in vermin-proof containers.
D.
Shopping cart storage. Any establishment which furnishes carts or mobile baskets as an adjunct to hopping, 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 more than 300 feet from said establishments. Each designated storage area shall be enclosed by a barrier at least six inches higher than the parking area surface, shall be clearly marked for storage of shopping carts, and shall be subject to the provisions of § 170-104B. All shopping carts shall be stored indoors during nonoperating hours.
§ 170-105 Commercial, professional and industrial use performance regulations.
The following standards shall apply to the above uses:
A.
No obnoxious, toxic, or corrosive fumes or gases shall be emitted as a result of the use.
B.
No use shall emit offensive odors which are perceptible at lot lines.
C.
No use shall discharge into the air dust or other particulate matter.
D.
No use shall emit smoke from plant operations.
E.
No use shall produce any heat or glare perceptible at or beyond the lot boundaries.
F.
No use shall permit physical (low frequency) vibrations perceptible at or beyond the lot boundaries.
G.
No use shall emit potentially harmful radiation.
H.
No use shall engage in the production or storage of any material designed for use as an explosive.
I.
No use shall discharge any objectionable and/or potentially dangerous effluent from plant operations.
J.
No industrial lagoons for chemicals or other liquid waste shall be permitted.
K.
No use shall be conducted so that noise whether sustained or sporadic shall exceed the level of ordinary conversation at the boundaries of the lot.
L.
Where applicable, other regulations in this chapter shall apply.
M.
Restaurant, cafeteria or recreational facilities designed for the comfort and convenience of employees shall be permitted provided such facilities (other than recreational) are located inside the confines of the building and are not offered for use by the general public.
N.
Applicant shall show satisfactory intent to maximize aesthetic quality consistent with the use proposed (i.e., landscaping, screening, signs, etc.).
O.
All uses shall be conducted in compliance with applicable governmental regulations.
§ 170-106 Lot area and lot width.
Where a lot is not served by a community water supply and/or sanitary sewerage system and Chapter 130, Subdivision and Land Development, or other state or local ordinance in force requires a higher standard for lot area or lot width than this chapter, the more restricted regulations of such other ordinance or regulation shall apply.
§ 170-107 (Reserved) [1]
[1]
Editor’s Note: Former § 170-107, Community utilities, as amended, was repealed 9-25-2006 by Ord. No. 2-06.
§ 170-108 Environmental performance standards for all uses.
A.
No use or operation shall be permitted which creates a public nuisance or hazard by reason of fire, explosion, radiation, odor, noise, dust, vibration, glare, air, and/or water pollution, or other similar causes.
B.
No outside industrial storage, including junkyards, shall be located on land with a slope in excess of 5%.
[Amended 5-23-2005 by Ord. No. 7-05]
C.
Stripping of topsoil, excavation of clay, sand, gravel, or rock. Such activities shall be permitted only under the following conditions:
(1)
As a part of the construction or alteration of a building or the grading incidental to such buildings.
(2)
In connection with normal lawn preparation or maintenance.
(3)
In connection with the construction or alteration of a street.
(4)
In farming operations where such use is permitted, provided sound soil conservation practices are observed.
(6)
In any case in compliance with all applicable soil erosion and sedimentation controls.
§ 170-109 Off-street loading regulations for commercial and industrial uses.
A.
Adequate off-street loading and unloading space(s), which does not interfere with traffic circulation on streets, with proper and safe access from street or alley shall be provided for on each lot.
B.
Loading and unloading spaces shall be at least 12 feet wide, 45 feet long, and shall have at least a fourteen-foot vertical clearance.
C.
Loading and unloading spaces shall have all-weather surfaces to provide safe and convenient access during all seasons.
D.
Loading facilities shall not be constructed between the building setback line and street line.
E.
Required off-street parking space shall not be used for loading and unloading purposes except during hours when business operations are suspended.
§ 170-110 Parking regulations.
A.
General regulations, applicable to all uses except as noted:
(1)
Off-street parking with safe and proper access shall be required in accordance with the provisions of this section as a condition precedent to the occupancy of any new, altered or enlarged building or use so as to alleviate traffic congestion on streets.
(2)
No parking lot for the storage of motor vehicles or trailers shall directly abut a street. Each such area shall be separated from the street, except for permitted accessways, by a raised curb, planting strip, wall or other suitable barrier against vehicles. Each such area shall be at least 10 feet from any lot line and 20 feet from the edge of the paving of any street. No major recreational equipment shall be parked or stored on any lot in a residential district except in a car port or enclosed building or within a side or rear yard, provided however that such equipment may be parked anywhere on residential premises for nor more than 24 hours during loading or unloading. No such equipment shall be used for living, sleeping, or housekeeping purposes when parked or stored on a residential lot, or in any location not approved for such use.
(3)
A parking space shall be at least 10 feet wide and 20 feet deep.
(4)
Parking spaces for all uses (other than agricultural or recreational uses on lots of three acres or more) shall have an all-weather paved surface approved by the Board of Supervisors. Paved parking spaces shall be graded to a minimum slope of 1%, not to exceed 10%, to provide for drainage. Stormwater discharge shall be provided for in parking lots in accordance with a plan to be approved by the Board of Supervisors.
(5)
All parking spaces shall be on the same lot as the principal building or use unless permitted elsewhere by the Board of Supervisors.
(6)
No motor vehicle repair work of any kind except emergency service shall be permitted on any parking lot. No automotive vehicles or trailers of any kind or type without current license plates shall be parked or stored (except in a completely enclosed building) on any lot in a residential district.
(7)
Access driveways shall be located, designed and constructed as approved by the municipality, and not more than two driveways shall be projected to any single property or business establishment if the frontage is 300 feet or less. No access driveway shall be located within 10 feet of any property line.
(8)
Any parking lot accessory to a nonresidential use which abuts a residential use shall be buffered by a landscaped strip of at least 20 feet in width for screening purposes.
(9)
All parking lots shall have adequate accessways and convenient turnaround and service so that normal traffic flow in an adjacent street is not unsafely effected by backing, turning, loading, unloading or refuse collecting vehicles. Landscaped or planted areas equal to at least 10% of the parking area shall be provided along the boundaries of such parking area.
(10)
All parking lots serving multifamily, commercial, professional or industrial uses (or other uses as may be required by the Planning Commission) shall be provided with curbs, bumper guards or walls and shall have a landscaped strip at least six feet wide around all sides excluding accessways; all such parking lots of 10 or more spaces shall clearly define stalls, driveways and directional arrows by all-weather white markings of at least four inches in width.
(11)
No parking lot shall contain in excess of 50 spaces; uses which require and/or provide for over 50 spaces shall separate each parking lot of 50 spaces (or portion thereof) by landscaped islands at least six feet wide; such islands shall completely divide such parking lots except for accessways which may not exceed 25 feet in width. No more than one parking lot may be joined to another parking lot with no direct access to a street, or a driveway with direct access to a street.
(12)
Trees, shrubs and flowers shall not be placed within two feet of a curb or bumper (or paved surface if no curb or bumper exist).
(13)
Lighting in any parking, loading, ingress and egress areas shall be effectively shielded and arranged to protect, from direct or indirect glare, traffic on any street and on neighboring properties.
[Amended 8-8-2017 by Ord. No. 04-2017]
(a)
Minimum parking setback regulations (unless more restrictive standards are provided elsewhere in this chapter).
[1]
Residential uses: 15 feet from any lot line and street right-of-way (interior lot lines of attached dwellings situated within a single multifamily building excepted).
[2]
Industrial districts: 10 feet from any property line and 40 feet from any street right-of-way.
[3]
All other uses: 10 feet from any nonresidential property line, 15 feet from any residential property line and 20 feet from any street right-of-way.
(b)
Residential agricultural and recreational parking regulations.
(c)
Commercial and industrial parking regulations, including religious, educational, medical, veterinary and public uses.
[1]
One parking space shall be provided per full-time, day shift employee plus;
[2]
Additional spaces.
[a]
Sufficient spaces consistent with the use intended shall also be provided subject to the approval of the Planning Commission.
[b]
The following shall serve solely as a guide and may be modified by the Planning Commission for reasonable cause:
Use | At least 1 Additional Parking Space for Each | |
|---|---|---|
Industry | 200 square feet of office floor area (4 spaces min.) | |
Eating and Drinking Place | 2 seats | |
Driving Range | tee | |
Golf Course | 1/4 tee | |
Personal Service Establishment | 1 employee serving the public | |
Theater and Church | 3 seats | |
Bowling Alley | 1/5 alley | |
Motel | 1 guest room | |
Hospital, Convalescent Homes | 750 square feet of floor area | |
Gasoline Service Station | 1 pump | |
Laundromat | 1 machine | |
Elementary School | 20 seats | |
All Other Schools | 10 seats | |
Food Stores and Pharmacies | 100 square feet of sales area | |
Department and Variety Stores | 200 square feet of sales area | |
Gift, Apparel, Hardware and Other Housewares | 300 square feet of sales area | |
Offices, Clinics, Financial Institutions | 200 square feet of floor area | |
All other with a lot coverage in excess of 10% | 350 square feet of floor area | |
For a shopping center, without a theater, and without offices or other uses with similar weekday hours. Parking for additional uses shall be provided as required in Subsection A(13)(c)[2][a] and [b] above.[1] | 5.5 spaces per 1,000 square feet of gross leasable area |
[1]
Editor's Note: Original § 1419, Buildings near waterways, which immediately followed this section, was repealed 10-8-2002.
(14)
Accessible parking. The provision of accessible parking facilities shall apply to any commercial, industrial, office, institutional, multifamily residential, or other nonresidential use for which off-street parking is required by this section. The terms of this Subsection A(14) shall not apply to properties used for agricultural purposes. The provision of accessible parking facilities shall be in compliance with the most recently adopted codes of the Pennsylvania Uniform Construction Code. All projects sought for permit on or after January 1, 2013, shall be in compliance with Chapter 11 and Appendix E of the 2012 International Building Code and 2009 International Code Council/American National Standard Institute A117.1, and any subsequent amendments thereto that are adopted by the Pennsylvania Uniform Construction Code.
[Added 11-12-2013 by Ord. No. 05-2013]
§ 170-111 High-intensity residential, commercial and industrial boundaries.
[Amended 5-23-2005 by Ord. No. 7-05]
No building other than agricultural, recreational or single-family detached dwellings situated on lots of three acres or more or buildings accessory thereto shall be permitted within 100 feet inside any boundaries of the C and GC-I Districts except where such boundary is in, on or adjacent to the right-of-way of State Highways 41, 926, or 796; no wooded areas within such one-hundred-foot area shall be cleared other than the clearing of underbrush or trees of less than seven feet in height or closer together than 15 feet, or an area only sufficient to accommodate such exempt buildings as shown above; if any building or building accessory thereto of a commercial, industrial or multifamily nature is placed or erected on any lot a portion of which is within or contiguous to such one-hundred-foot area, the owner of the building so erected or to be erected shall, within six months of the commencement of any construction, plant (or cause to be planted) sufficient trees so that the total of existing and planted trees of at least 10 feet in height equals at least one for each 1,000 square feet of that portion of the said one-hundred-foot boundary which is contained in the lot to contain such construction[1]; if such construction is on a lot bordering on or within 50 feet of said one-hundred-foot boundary then such trees shall be planted (or existing) at least every 20 feet along the boundary of such lot adjacent to or nearest to such one-hundred-foot boundary.
[1]
Note: The trees must be reasonably spaced so that there is a tree at least within 35 feet of the trunk of any other tree or any lot line of the one-hundred-foot boundary and no tree may be planed closer than 30 feet to the trunk of any other existing or planted tree or the lot lines of such boundary.
§ 170-112 Helistop and heliport regulations.
[Amended 11-10-2009 by Ord. No. 06-2009]
It is the policy of Londonderry Township that helicopter use shall be properly limited to nonresidential zoning districts, and that helicopter takeoffs and landings are incompatible with the residentially and agriculturally zoned areas of the Township because of inordinately disruptive impacts from such use on Township residents and livestock. As such, a heliport shall be permitted only as a conditional use in those zoning districts where the use is specifically provided. A helistop shall be a permitted accessory use except where it is specifically prohibited by this chapter. Any such use shall be subject to the following additional requirements:
A.
Shall comply with the area, coverage and yard requirements of the applicable district; however, in no such case shall any such landing surface be located closer than 300 feet to any residential district boundary line.
B.
The landing surface shall be paved and level, and at least 60 feet square (or in diameter). Except for rooftop pads, a secondary thirty-foot perimeter area shall adjoin the landing surface. Both the landing surface and secondary perimeter shall be well maintained, shall be kept dirt-free, and shall contain no structures or other obstacles other than those required for safety purposes.
C.
The entire perimeter area shall be enclosed by a securable, well constructed fence, a minimum of four feet high, which will serve to prevent unauthorized entry into the landing area. Trees, shrubbery, and other landscaping and/or acoustical barrier where appropriate shall be provided in quantities and dimensions deemed necessary by the Planning Commission and Board of Supervisors to minimize offensive noise and to afford a softening of the visual impact of the landing area. Rooftop pads shall be excluded from these requirements.
D.
At least two approach lanes to each landing pad shall be provided and maintained free of obstructions and shall be located not less than 90° apart. Each approach lane shall be located within 45° left or right of the prevailing winds and shall fan out at any angle of 10° from the width of the landing pad to a width of 1,000 feet, and shall have a glide angle slope of eight to one measured from the outer edge of the pad.
E.
Clear areas for emergency landings of the helicopter in the event of mechanical failure shall be available. Such emergency landing areas shall be located within the normal glide range of the helicopter with one engine off when operating in the approved takeoff or landing lane.
F.
An application for a landing pad on a roof shall be accompanied by a certification by a registered engineer that the loads imposed by the helicopter will be supported by the structure.
G.
All fire and safety equipment provided in conjunction with a heliport or helistop shall be subject to the approval of the Township Fire Marshal or Board.
H.
The Board of Supervisors may impose restrictions on hours of operation, lighting, noise levels, and flight altitude over residential areas, and such other requirements as may be appropriate and reasonable to protect the health, welfare and safety of Township residents and their property.
I.
No permit shall be issued for the construction of a heliport until the site plan has been approved by the Planning Commission.
J.
In addition to the requirements of the Township, any applicant for a heliport or helistop shall comply with the rules and regulations pertaining thereto of the Bureau of Aviation, Pennsylvania Department of Transportation and the Federal Aviation Administration. No permit for the use of a heliport or helistop shall be issued by the Township until the applicant has obtained an appropriate license for the operation thereof from the Bureau of Aviation, Pennsylvania Department of Transportation.
K.
It shall be unlawful for any person to land, discharge, load, or takeoff in a helicopter any place within the Township other than at a heliport or helistop which has been authorized in accordance with the foregoing provisions of this section, except:
(1)
In conjunction with a special event as an athletic contest, a holiday celebration, parade, or similar activity, after seven days' advance notice has been given to the Board of Supervisors and permission obtained to make such landing and takeoff;
(2)
When necessary for law enforcement purposes and for emergencies;
(3)
In connection with a construction project where a helicopter is to be used to lift equipment in connection with such project.
§ 170-113 Minimum lot area for on-lot sewage disposal systems.
A.
Each lot served by an individual on-site sewage system shall contain a minimum of 10,000 square feet of contiguous area suitable for on-site sanitary sewage disposal, exclusive of: slopes exceeding 25%, area within the Flood Hazard Conservation District, hydric soils, wetlands, and areas of the lot subject to impervious cover. Where the minimum 10,000 square foot area does not include the building site, such area shall be no more than 100 feet from the building site and shall not be separated from the building site by any stream, drainage way, restrictive easement, or road. Said area shall be deemed acceptable for both primary and secondary (replacement) individual on-site sewage systems by the Chester County Health Department.
[Amended 5-23-2005 by Ord. No. 7-05]
B.
Where an elevated sand mound sewage disposal system or alternative on-site system (as defined in Chapter 73, Standards for Sewage Disposal Facilities, of the Rules and Regulations of the Pennsylvania Department of Environmental Protection) is proposed, the minimum net lot area shall be 65,000 square feet and the minimum lot width shall be 150 feet, except where the applicable zoning district provisions require a larger minimum net lot area and/or minimum lot width. The requirements of Subsection A, above, shall apply to such lots.
§ 170-114 Standards for communication towers.
[Added 9-12-1995]
All communication towers constructed in the Township will comply with the following specifications:
A.
All communication towers will be a monopole construction, unless the applicant establishes to the reasonable satisfaction of the Supervisors that accepted engineering principles and considerations make such construction impractical.
B.
All communication towers over 35 feet in height must meet ANSI/EIA/TIA-222E (American National Standards Institute, Electrical Industry Association, Telecommunications Industry Association tower specifications) requirements or its latest revision. Further, due to local weather conditions, the tower must be built to withstand 100 MPH sustained winds with a uniform loading of 50 pounds, or short duration gusts of up to 150 MPH. An independent structural engineer registered in Pennsylvania shall attest to the proposed tower's ability to meet this requirement and certify proper construction of the foundation and erection of the tower.
C.
The maximum height of a communication tower shall be 150 feet, except that a tower of up to 250 feet may be permitted so long as:
(1)
There are no dwelling units, streets or electrical transmission lines within a distance equal to 60% of the tower height;
(2)
The tower is lighted to prevent interference with air traffic if required by the Federal Aviation Administration; and
(3)
The Board of Supervisors is assured that all health, safety and welfare issues have been properly addressed.
D.
Owners of communication towers higher than 35 feet will secure the property boundary, or at a minimum the tower base including any support structures, with a chain link fence which shall be 10 feet in height. In addition to the boundary security, all communication towers in excess of 35 feet in height will have an integral security platform, or other means of locked access, to prevent unauthorized climbing of the tower. Landscaping will be provided around all fences and to screen them from public views and adjoining properties.
E.
All communication tower owners will provide the Township with a statement that the emission of radio waves emanating from the tower will neither cause harm to an individual by its operation nor cause measurable radio interference to the reception or operation of AM radios, TV and FM reception, car or cellular or portable phones, heart pacemakers, garage door openers, remote control units for models, and other radio dependent devices in general use within the Township and is in compliance with all FCC regulations.
F.
If measurable radio interference does result from the installation and use of the communication tower, the owner of that tower will be required to cease operation immediately, until the problem is corrected, or if the problem is not correctable to abandon operation entirely and dismantle the tower as required by § 170-114H.
G.
The owner of any communication tower higher than 35 feet will be required to routinely submit to the Township proof of an annual inspection and tower maintenance program. Any structural faults thus noted will be immediately corrected by the owner. Failure to provide proof of certified inspection will result in notification to the owner to cease operation and dismantle the tower as required by § 170-114H.
H.
The communication tower owner is required to notify the Township immediately upon cessation or abandonment of the operation. The communication tower owner has 90 days in which to dismantle and remove all structures from the property. At the time of issuance of the permit for the construction of the communication tower, the owner shall provide financial security in form and amount acceptable to the Township to secure the expense of dismantling and removing said structures.
I.
All communication towers must comply with yard setback requirements for the Township District and, in addition, the combination of setbacks between the property in question and the adjoining property shall be at least 1/3 the height of the tower. The break point of the tower shall ensure that the structure will fall within the setback. The yard setback requirements as provided for herein may be reduced if the applicant establishes to the reasonable satisfaction of the Supervisors that any such reduction will not have an adverse affect on the public health, safety and welfare.
J.
If there is suitable space available on an existing communication tower within the geographic area that a new cell site would serve, no new cell should be established.
K.
In addition to the above standards, all other performance standards applicable to the Township District shall apply to the tower and any associated support facilities or structures. This would require that all applicable plans must be submitted for land development review and approval for any application for a communication tower.
L.
The owner of the communication tower shall be required annually to provide a certificate of insurance to the Township providing evidence of liability insurance at levels acceptable to the Township and naming it as an additional insured on the policy or policies of the owner.
§ 170-115 Riparian Corridor Conservation District.
[Amended 3-24-2008 by Ord. No. 01-2008]
A.
Statement of intent. In expansion of § 170-3, Purpose, and § 170-5, Community development objectives, of this chapter, and to address comprehensively all water resource protection benefits provided by riparian buffer areas, the purposes of this section, among others, are as follows:
(1)
To reduce the amount of nutrients, sediment, organic matter, pesticides, and other harmful substances that reach watercourses, wetlands, and subsurface and surface water bodies by using scientifically proven processes, including filtration, deposition, absorption, adsorption, plant uptake, and denitrification, and by improving infiltration, encouraging sheet flow, and stabilizing concentrated flows.
(2)
To improve and maintain the safety, reliability, and adequacy of the water supply for domestic, agricultural, commercial, industrial, and recreational uses along with sustaining diverse populations of aquatic flora and fauna.
(3)
To regulate the land use, siting, and engineering of all development to be consistent with the intent and objectives of this chapter and accepted conservation practices and to work within the carrying capacity of existing natural resources.
(4)
To assist in the implementation of pertinent state laws concerning erosion and sediment control practices, including the Pennsylvania Clean Streams Law, P.L. 1987, No. 394, Chapter 102 of the Administrative Code (as amended October 10, 1980, P.L. 894, No. 157),[1] Title 25, and any subsequent amendments thereto, as administered by the Pennsylvania Department of Environmental Protection and the Chester County Conservation District.
[1]
Editor's Note: See 35 P.S. § 691.1 et seq.
(5)
To contribute to implementation of the recommendations of the Elk Creeks River Conservation Plan that call for creation of regulations to establish riparian forested buffer areas along streams within the watershed.
(6)
To conserve the natural features important to land or water resources (e.g., headwater areas, groundwater recharge zones, floodways, floodplains, springs, streams, wetlands, woodlands, and prime wildlife habitats) and other features constituting high recreational value or containing amenities that exist on developed and undeveloped land.
(7)
To complement the provisions of this chapter addressing the Flood Hazard Conservation District, steep slopes, hydric soils, wetlands, vegetation, and topsoil in this article, and any other ordinances or regulations that protect environmentally sensitive areas, in order to minimize hazards to life, property, and riparian features.
(8)
To recognize that natural features contribute to the welfare and quality of life of the Township's residents.
(9)
To conserve natural, scenic, and recreation areas within and adjacent to riparian areas for the community's benefit.
(10)
To provide shade which moderates and protects fish habitats by retaining more dissolved oxygen and encouraging the growth of diatoms, beneficial algae, and aquatic insects.
(11)
To provide for stream bank stabilization, which protects fish habitats and controls erosion and sedimentation, particularly through tree roots that consolidate the soils of the floodplain and stream banks, reducing the potential for severe stream bank erosion.
(12)
To provide organic matter through leaves which fall into the stream and are trapped on woody debris (fallen trees and limbs) and rocks where they provide food and habitats for small bottom-feeding creatures (such as insects, amphibians, crustaceans, and small fish) that are critical to the aquatic food chain.
(13)
To reduce the prevalence of nuisance drainage problems, which frequently occur when development encroaches into the flood fringe of a stream.
B.
Overlay concept, establishment, and width determination of the district.
(1)
Overlay concept. The provisions of the Riparian Corridor Conservation District create an overlay district that is applicable within all other zoning districts established by this chapter. To the extent the provisions of this section are applicable and more restrictive, they shall supersede conflicting provisions in any other part of this chapter and all other ordinances of Londonderry Township. However, all other provisions of this chapter and all other ordinances of Londonderry Township shall remain in full force.
(2)
Establishment and width determination.
(a)
The Riparian Corridor Conservation District (RCCD) shall apply to the following watercourses and water bodies and the land adjacent to them:
[1]
All naturally occurring watercourses that normally contain flowing water during all times of the year, including streams that may dry up during periods of extended drought.
[2]
All intermittent watercourses otherwise identified in the most recent Soil Survey of Chester County or identified on plans submitted by applicants. The RCCD shall be measured from the center line of the stream.
[3]
All watercourses bordered by the following alluvial soils, and/or local alluvium soils, as mapped in the most recent Soil Survey of Chester County, provided that the local alluvium soil is connected to a listed alluvial soil. The RCCD shall be measured from the center line of the stream.
We | Wehadkee silt loam | |
Ch | Chewacla silt loam |
[4]
Lands at the margins of delineated wetlands with an area of 4,356 square feet or greater. The RCCD shall be measured from the delineated wetland edge. A wetland delineation shall be required in accordance with the terms of § 130-27.D(l)(d) of Chapter 130, Subdivision and Land Development.
[5]
Lands at the margins of ponds with an area of 5,000 square feet or greater. The RCCD shall be measured from the edge of the mean water surface level.
(b)
The minimum width of the Riparian Corridor Conservation District shall be measured horizontally on a line perpendicular to the point of measurement for each watercourse or surface water body as prescribed in Subsection B(2)(a), above. Except as noted in Subsection B(2)(c), below, required minimum widths shall be as follows:
[1]
For watercourses defined in Subsection B(2)(a)[1], above, 100 feet from the top of each bank.
[2]
For watercourses defined in Subsection B(2)(a)[2] and [3], above, 100 feet in both directions from the stream center line.
[3]
For lands at the margins of wetlands, as defined in Subsection B(2)(a)[4], above, 50 feet.
[4]
For lands at the margins of ponds, as defined in Subsection B(2)(a)[5], above, 100 feet.
(c)
Where the one-hundred-year floodplain extends greater than 100 feet from a regulated waterway, the Riparian Corridor Conservation District shall extend to the outer edge of the one-hundred-year floodplain. The one-hundred-year floodplain shall be determined by the FEMA Flood Insurance Study for Londonderry Township or by a hydrologic stream profile analysis, in accordance with the terms of the Londonderry Township Floodplain Management Ordinance.
C.
Uses permitted in the Riparian Corridor Conservation District.
(1)
Within the first 25 feet of any designated Riparian Corridor Conservation District, permitted uses shall be limited to open space uses that are primarily passive in character and do not generally involve disturbance to the land. Such uses may include wildlife sanctuaries, nature preserves, forest preserves, passive areas of public and private parklands, reforestation, and stream bank stabilization. Existing natural vegetative conditions shall be maintained unless determined by the Township to be undesirable and/or contrary to the objectives of this section. Neither cultivation nor lawn conditions shall be permitted within this area. Following the date of enactment of this section, proposed vegetative cover shall reflect natural site conditions and shall be designed to maximize the filtration of surface water runoff prior to its discharge into a surface water body or infiltration into the groundwater.
(a)
Where slopes in excess of 25% are located within this twenty-five-foot strip, these limitations on use and disturbance shall extend the entire distance of this sloped area or 100 feet, whichever is less.
(b)
Where use of the property requires access to a stream by livestock or other large domestic animals, such access shall be confined to designated intervals along the stream corridor, in accordance with a management plan prepared in conjunction with, or approved by, the Chester County Conservation District. This requirement shall not apply to any property on which, as of the date of enactment of this section, livestock or other large domestic animals were raised and/or kept on a continuing basis for agricultural, commercial, equestrian, recreational, or similar purposes, provided that, in any such location, the property owner takes action to mitigate the negative impacts of his/her animals' access to the stream. Such actions, if not already instituted, shall be devised in consultation with, and approved by, the Chester County Conservation District.
(c)
A trail for pedestrian use only may be retained or established within this twenty-five-foot strip, provided that such trail is part of the Township's trail system and is subject to the requirements established for such system and that the surface of such trail shall be retained in a natural condition and maintained primarily through user traffic.
D.
Uses specifically prohibited in the Riparian Corridor Conservation District.
(1)
Any use or activity not authorized by Subsection C above shall be prohibited within the Riparian Corridor Conservation District.
(2)
In addition, the following activities and facilities are specifically prohibited:
(b)
Use of fertilizers, pesticides, herbicides, and/or other chemicals in excess of prescribed industry standards or the recommendations of the Chester County Conservation District.
(c)
Motor or wheeled vehicle traffic in any area not designed to accommodate adequately the type and volume.
(d)
Parking lots.
(e)
Any type of permanent structure, except structures needed for a use permitted under the terms of this section.
E.
Nonconforming structures and uses. Nonconforming structures and uses of land within the Riparian Corridor Conservation District shall be regulated in accordance with the requirements of Article VI of the Floodplain Management Ordinance.
F.
Boundary interpretation and appeals procedure.
(1)
When a landowner or applicant disputes the boundary of the Riparian Corridor Conservation District or the defined edge of a watercourse or surface water body, the landowner or applicant shall submit evidence to the Township that shows the landowner's or applicant's proposed boundary and provides justification for the proposed boundary change.
(2)
The Township Engineer and/or other advisors selected by the Board of Supervisors shall evaluate all material submitted and provide a written determination within 45 days to the Board of Supervisors, Township Planning Commission, and landowner or applicant.
(3)
Any party aggrieved by any such determination or other decision or determination under this section may appeal to the Zoning Hearing Board under the provisions of Article XXII of this chapter. The party contesting the location of the boundary shall have the burden of proof in case of any such appeal.
G.
Inspection and application of Riparian Corridor Conservation District.
(2)
The district may also be inspected periodically by the Zoning Officer and/or other representatives designated by the Board of Supervisors to determine compliance with an approved restoration plan or at any time when the presence of an unauthorized activity or structure is brought to the attention of Township officials.
H.
Management of the Riparian Corridor Conservation District. A riparian corridor management plan shall be developed:
(1)
When required by Chapter 130, Subdivision and Land Development, consistent with the requirements therein.
(2)
As a condition of approval for a proposed special exception or variance or a proposed conditional use, when deemed appropriate by the Zoning Hearing Board or Board of Supervisors, respectively. Such plan shall be prepared in accordance with the requirements of Chapter 130, Subdivision and Land Development.
§ 170-116 Junkyards.
[Added 5-23-2005 by Ord. No. 7-05]
Any junkyard approved as a conditional use under the terms of this chapter shall comply with the following standards:
A.
The minimum gross lot area for a junkyard shall be five acres.
B.
All junk material shall be completely enclosed by a fence of heavy-duty chain link or other material acceptable to the Board of Supervisors. Such fence shall be not less than six feet in height with gates of similar fencing material. Such gates shall be securely locked at all times except during business hours when an attendant is on the premises. The fence enclosing junk material shall be set back not less than 75 feet from the edge of the cartway of any public or private street and 50 feet from any other lot line.
C.
The junkyard property shall be screened in accordance with the terms of § 170-100 of this chapter.
D.
No junkyard shall operate on Sunday or a holiday, or between the hours of 8:00 p.m. and 7:00 a.m., except to remove a wrecked or towed vehicle from a public street.
E.
All junk shall be stored and arranged so as to permit access by fire-fighting equipment and prevent accumulation of stagnant water. Junked vehicles shall be spaced in rows with not less than 15 feet between each double row. Junk shall not be piled to a height of more than six feet from the ground.
F.
All gasoline, oil, and similar fuel and lubricants shall be drained from any junked vehicle. Such materials shall be stored in a closed container and at only one location on the property.
G.
An adult attendant shall be on the property at all times during business hours when the junkyard is open.
H.
No garbage or organic waste shall be stored at any junkyard.
I.
No burning or melting of any junk shall be permitted at any junkyard.
J.
Plastics, rags, paper, and rubbish shall not be stored outside and shall not be accumulated or remain at any junkyard for more than one month.
K.
A junkyard shall not cause any excessive, offensive, or noxious sounds or odors; shall comply with the applicable standards of § 170-108 of this chapter; shall not permit the breeding or harboring of rats, rodents, or vermin; and shall not cause a violation of any health or sanitation law, ordinance, or regulation of any governmental body.
L.
A permanent record of all junk received or removed from any junkyard shall be kept on the property, containing the name and address from whom received or to whom delivered, the date thereof, and a description of the junk material. Such record shall at all times be open to inspection by the Township or any law enforcement officer.
M.
Operation of a junkyard shall require a Township junkyard permit which shall be valid for 12 months and must be renewed annually.
(1)
Application for the permit shall be filed by the junkyard operator together with an annual permit fee in an amount as specified by resolution of the Board of Supervisors.
(2)
The permit application shall include the name and address of the applicant and any other person or party with a financial interest in the junkyard; a description of the property on which the junkyard is to be operated; a description of the proposed operation of the junkyard and the junk materials to be handled at the property; and a statement that the applicant will comply with all regulations applicable to the junkyard operation.
(3)
A junkyard permit shall be displayed conspicuously at all times on the property, and shall not be transferable to any other property or operator.