Lower Oxford Township, PA Zoning Ordinance

Lower Oxford Township
City Zoning Code

PART 14

GENERAL PROVISIONS

§ 27-1400 Construction of Space Regulation.

[Ord. 1-71, 3/2/1971, § 1400]

No yard or other space provided about any building or structure for the purpose of complying with this Chapter 27 shall be considered as a yard or other open space for another building or structure.

§ 27-1401 Sale of Farm Products.

[Ord. 1-71, 3/2/1971, § 1401]

Where the display and sale of farm products are permitted, it shall be provided that:

At least 50% of such products shall have been produced on the property on which they are offered for sale.

Parking space for at least three cars shall be provided on the lot. Where building area exceeds 600 square feet, one additional parking space shall be provided for each additional 200 feet of building area.

Sale of farm products shall be conducted from a portable stand, dismantled at the end of the growing season, or from a permanent building under the following conditions:

Such building shall be located at least 50 feet from the right-of-way line of the road, and

Parking space shall be provided behind the highway right-of-way line at a ratio of one space for each 200 square feet of building floor area.

§ 27-1402 Visibility at Intersections.

[Ord. 1-71, 3/2/1971, § 1402; as amended by Ord. 3-99, 5/12/1999, § J]

The following shall apply to all zoning districts:

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 obscures vision:

Above the height of 2-1/2 feet measured from the center-line grades of the intersecting streets, and

Within the area bounded by the street lines of such corner lots and a line joining points of these street lines 100 feet from their intersection.

A front yard, as provided for in the area and lot requirements for the various districts, shall be required along each street on which a corner lot abuts.

§ 27-1403 Stripping of Topsoil.

[Ord. 1-71, 3/2/1971, § 1403]

The following shall apply to all districts.

Topsoil or sod may be removed from a premises only under the following conditions:

In connection with the construction or alteration of a street, building, or parking lot.

In connection with agricultural pursuits, provided that a suitable ground cover is left in place or replaced, and that areas where topsoil is removed are reseeded with an appropriate ground cover within one year.

§ 27-1404 Projections Into Required Yards.

[Ord. 1-71, 3/2/1971, § 1404]

The following shall apply to all districts.

All required yards shall be unobstructed except as follows:

An arbor, open trellis, flagpole, unroofed steps or an unroofed terrace, or recreational or drying yard shall be permitted with no restriction.

§ 27-1405 Slope Controls.

[Ord. 1-71, 3/2/1971, § 1406]

Use Regulations. The following uses are the only uses permitted in the areas where the grade of a slope exceeds 25%.

Parks and outdoor recreational uses shall be permitted so long as their activities do not conflict with the use of the land as a watershed.

Tree farming, forestry, and other agricultural uses when conducted in conformance with conservation practices that ensure adequate protection against soil erosion.

When authorized as a special exception by the Zoning Hearing Board, single-family dwellings or a portion thereof may be constructed on a slope whose grade exceeds 25% if the building is constructed in such a manner which does not substantially alter the existing grade and natural soil conditions. In addition, the applicant shall supply the following:

(1)

Site plan of the property indicating existing grades with contour lines at two foot intervals and proposed grades within the area of the proposed construction.

(2)

Landscaping plan indicating proposed paved areas, storm drainage facilities, retaining walls, and ground cover, as well as trees and ornamental shrub locations.

(3)

Architectural plans, elevations, and sections.

(4)

A statement prepared by a registered architect or engineer stating an explanation of the building methods to be used in overcoming foundation and other structural problems created by slope conditions, preserving the natural watersheds, and preventing soil erosion.

§ 27-1406 Storm Drainage.

[Ord. 1-71, 3/2/1971, § 1407]

A plan shall be prepared by a Pennsylvania registered engineer in accordance with the Lower Oxford Erosion and Sediment Control Regulation and the requirements of the Pennsylvania Department of Environmental Resources to adequately provide for drainage of all building sites and paving including grades, inlets and piping. Drainage shall discharge into natural swales and streams where approved by the Township Engineer. Provisions shall be made to prevent flows onto adjoining properties at rates greater than those that existed prior to development of the tract. Drainage calculations shall be based upon a minimum of a twenty-five-year storm and approved by the Township Engineer.

§ 27-1407 Nonconforming Buildings, Structures, and Uses.

[Ord. 1-71, 3/2/1971, § 1408]

Continuation. Any lawful nonconforming structure or any lawful nonconforming use of a structure or land legally existing on the effective date of this Chapter 27 may be continued, except as otherwise herein provided.

Extension and Additional Buildings. Any lawful nonconforming use of a portion of a building may be extended throughout the building. Any lawful nonconforming building or any building of which a lawful nonconforming use is made may be extended upon the lot occupied by such building and held in single and separate ownership on the effective date of this Chapter 27. The area of such building or buildings housing the nonconforming use shall not be increased by more than 50% of the area of such building or buildings existing on the date it first became a nonconforming building or a building of which lawful nonconforming use is made.

Any new buildings, any structural alteration, extension or addition to existing buildings shall conform with all area, height, width, yard and coverage requirements for the district in which it is located unless by special exception of the Zoning Hearing Board.

Use of Land. Any lawful nonconforming use of land exclusive of buildings and the uses contained therein, may be extended upon the lot upon which it exists at the time of the effective date of this Chapter 27, but such extension shall conform to area and bulk requirements and to the design standards of this Chapter 27. The extension of a nonconforming use on a lot shall be limited to the lot which was in existence on the effective date of this Chapter 27.

Change. Any lawful nonconforming use of a building or land may be changed to another nonconforming use of substantially the same character and for such purpose, a building may be extended or new buildings constructed on the same lot in accordance with Subsection 2 of this § 27-1407. Whenever the nonconforming use of a building or land has been changed to a conforming use, such conforming use shall not thereafter be changed to a nonconforming use.

Restoration. Any lawful nonconforming building or other structure which has been involuntarily damaged or destroyed by fire, explosion, windstorm, or other similar active cause, to an extent of not more than 75% of its fair market value, may be reconstructed in the same location, provided that:

The reconstructed building or structure shall not exceed the height, area or volume of the damaged or destroyed building or structure.

Reconstruction shall begin within one year from the date of damage or destruction and shall be carried on without interruption.

Abandonment. If a lawful nonconforming use of land or of a building or other structure is abandoned or discontinued for a continuous period of one year or more, subsequent use of such building or structure or land shall be in conformity with the provisions of this Chapter 27.

Nonconforming Signs. Any sign, signboard, billboard, or advertising device existing at the time of the passage of this Chapter 27 that does not conform with the regulations of the district in which it is located shall be considered a nonconforming sign and may be used in its existing location, provided it is maintained in good condition and repair at all times. Nonconforming signs once removed may be replaced only with conforming signs; however, legal nonconforming signs may be repainted or repaired or modernized, provided that such repaired or modernized sign does not exceed the dimensions of the existing sign.

§ 27-1408 Lots Nonconforming as to Area and Width Regulations, and Lots of Unusual Dimensions.

[Ord. 1-71, 3/2/1971, § 1409; as amended by Ord. 12/21/1988A, 12/21/1988, § 3]

A building may be erected or altered on any lot held at the effective date of this Chapter 27 in single and separate ownership which is not of the required minimum area or width, or is of such unusual dimensions that the owner would have difficulty in providing the required open spaces for the district in which such lot is situated, provided a special exception is authorized by the Zoning Hearing Board, and provided further that the applicant does not own or control other adjoining property sufficient to enable him to comply with the provisions of this Chapter 27 as amended. In considering a special exception to permit erection or alteration of a building on a lot nonconforming as to area and width regulations, the Zoning Hearing Board may impose the following requirements:

That the use of the lot may be required to conform to the permitted used in the district in which such lot lies.

That the building height may be restricted to that specified for other buildings within the district in which the lot lies.

That the design standards imposed for uses within the district in which the lot lies may be applied to the use of the lot.

Impose such conditions as are necessary for compliance with the general purpose and intent of this Chapter 27.

In any district in which single-family dwellings are permitted, a single family dwelling and/or customary accessory buildings may be erected on any single lot of record in existence at the effective date of adopting or amendment to this Part, without Zoning Hearing Board action, provided that such lot must be in single and separate ownership and provided that one of the following conditions are met:

On a lot which is nonconforming with respect to area and the proposed single family dwelling or accessory building meets all other regulations of the district.

On a lot which is not of the required minimum area and width and an existing structure is located closer to the property line/lines than setbacks permit and a new structure or expansion of the existing structure will not increase the extent of nonconformity.

§ 27-1409 Registration of Nonconforming Uses and Structures.

[Ord. 1-71, 3/2/1971, § 1410; as amended by Ord. 1-93, 1/6/1993]

The Code Enforcement Officer shall identify and register all nonconforming uses and nonconforming structures within the Township pursuant to the following procedure:

Within one year from the effective date of this amendment to this Chapter 27, the Code Enforcement Officer of the Township shall compile a list of all nonconforming uses or structures within the Township which were nonconforming prior to the effective date of this Chapter 27 or which were made nonconforming by this amendment to this Chapter 27. In compiling said list, the Code Enforcement Officer shall follow the following procedure:

Within a reasonable time after the effective date of this amendment to this Chapter 27, the Code Enforcement Officer shall cause to be published in a newspaper of general circulation within the Township a notice of his intention to compile the aforementioned list within the aforesaid time. Said notice shall be published at least one time per week for at least three consecutive weeks and shall invite any and all persons who believe they are the owners of nonconforming uses or structures within the Township to submit written applications for registration on forms to be supplied by and obtained from the Code Enforcement Officer. Said notice shall also be posted conspicuously at the regular place of meeting of the Township Board of Supervisors.

Any person(s) who believe they are the owners of nonconforming uses or structures within the Township shall submit an application for registration of such use or structure to the Code Enforcement Officer on or before the expiration of one year from the effective date of this amendment to this Chapter 27, which shall contain the following information:

(1)

The location and description of the use and/or structure (including county tax parcel number);

(2)

The name and address of the owner of the alleged nonconforming use or structure;

(3)

The date when the alleged nonconforming use or structure came into existence;

(4)

The description of the alleged nonconforming use or structure under one or more of, but not limited to, the following classifications in regard to the type, extent and volume of such nonconformity:

(a)

Nonconforming uses of open land (for example, junkyards and used car lots);

(b)

Nonconforming uses of conforming buildings (for example, a funeral home utilizing an old residence in a Residential District);

(c)

Nonconforming use of buildings usable only for nonconforming purposes (for example, a gasoline service station in a Residential District); and

(d)

Buildings that are nonconforming only so far as they violate dimensional regulations.

(5)

The names and addresses of all abutting property owners.

(6)

Proof by either notarized affidavits, dated photographs, or otherwise that the use or structure was, in fact, nonconforming as of the effective date of this Chapter 27, or was made nonconforming by this amendment thereto.

Within 60 days after the expiration of the one-year time period following the effective date of this amendment to this Chapter 27, the Code Enforcement Officer shall either register the alleged nonconforming use or structure or shall refuse to register it.

In either case, the Code Enforcement Officer shall promptly notify the respective property owners of his decision to register or not to register by regular mail addressed to the address submitted in the application, and shall also notify all surrounding property owners of each alleged nonconforming use or structure of his decision. In making the decision to register or not to register the Code Enforcement Officer shall be guided by the following principles:

(1)

The burden of proof of proving the existence of a valid nonconforming use or structure shall at all times be upon the property owner;

(2)

The existence of a valid nonconforming use or structure must be proven by the preponderance of evidence;

(3)

The unsupported statement of the property owner, without supporting evidence, is not sufficient evidence;

(4)

If the Code Enforcement Officer is at all uncertain or there exists any dispute known to the Code Enforcement Officer from any source as to the existence of a valid nonconforming use or structure, registration of said use or structure shall be refused.

At any time after the expiration of one year from the effective date of this amendment to this Chapter 27, the following shall apply:

The Code Enforcement Officer shall be authorized to register only those valid nonconforming uses created after the effective date of this amendment. The Code Enforcement Officer shall register or refuse to register any such alleged nonconforming uses or structures pursuant to the procedures and the principles set forth in Subsections 1B and 1C hereof.

Any person alleging the existence of a valid nonconforming use or structure which came into existence before the effective date of the amendment to this Chapter 27 shall be required to apply directly to the Lower Oxford Township Zoning Hearing Board for recognition of the alleged nonconforming use or structure pursuant to § 27-1604 of this Chapter 27.

Any person aggrieved by a decision of the Code Enforcement Officer pursuant to this § 27-1410 shall have the right of appeal, within 30 days of the date upon which the Code Enforcement Officer mails the notice of his decision to such person, to the Lower Oxford Township Zoning Hearing Board as provided in § 27-1504 of this Chapter 27. In any such appeal, whether the appeal be filed by the property owner, a surrounding property owner or owners, or other aggrieved person, "the applicant" shall always be considered to be the property owner alleging the existence of the valid nonconforming use or structure for the purpose of assigning responsibility for the payment of the hearing fee required by § 27-1502, Subsection 1, of this Chapter 27. Upon the filing of any such appeal, by any party, the property owner shall pay the fee required by § 27-1502, Subsection 2, within 10 days after he receives notice of the appeal. If the property owner fails to pay said fee, the Zoning Hearing Board shall promptly deny the registration application for the alleged nonconforming use or structure. In any such appeal, the burden of proof of the existence of any valid nonconforming use or structure remains upon the property owner alleging that such a valid nonconforming use or structure exists.

§ 27-1410 Conditional Uses.

[Ord. 1-71, 3/2/1971, § 1411]

A Conditional Use is a use permitted by the Board of Supervisors pursuant to the provisions of this Chapter 27. Where this Chapter 27 has provided for conditional uses to be granted or denied by the Board of Supervisors, the procedures outlined in this Part 14 shall be adhered to, and the Board shall give consideration to such conditional uses in accordance with the criteria set forth herein and in other specifically applicable sections of this Chapter 27.

§ 27-1411 Applications for Conditional Uses.

[Ord. 1-71, 3/2/1971, § 1412]

Application for a conditional use shall be made to the Board of Supervisors and shall be accompanied by a plan of the property showing the details of the use proposed, along with other written and graphic material required by this Chapter 27. The applicant shall notify all adjacent lot owners of said application for a conditional use and advise them of the date, time and place of the conditional use and advise them of the date, time and place of the conditional use hearing. The application shall be accompanied by such fees as shall be set forth in a resolution of the Board of Supervisors, in an amount sufficient to cover all Township costs. Five copies of the application with all supporting documents shall be submitted.

§ 27-1412 Procedure.

[Ord. 1-71, 3/2/1971, § 1413; as amended by Ord. 1-93, 1/6/1993]

Upon receipt of an application for conditional use, the Board of Supervisors shall promptly send copies of the application and all supporting materials to the Lower Oxford Township Planning Commission, the Chester County Planning Commission, and the Chester County Health Department.

The Planning Commission shall be promptly review and consider the application and all supporting materials including any Neighborhood Impact Analysis as required by either the Board of Supervisors or the Planning Commission and shall return the application and all supporting materials to the Board of Supervisors, along with its recommendations thereon.

The Board shall schedule a hearing and render a final decision thereon in accordance with § 27-1501.

§ 27-1413 General Standards.

[Ord. 1-71, 3/2/1971, § 1415]

In considering any application for conditional use permitted by this Chapter 27, the Board shall, in addition to applying the express standards and criteria, set forth in this Chapter 27:

Assure itself that the proposed use is consistent with the spirit, purpose and intent of this Chapter 27.

Determine that the proposed use will not substantially injure or detract from the use of the neighborhood property or from the character of the neighborhood, and that the use of the property adjacent to the area included in the proposed change or plan is adequately safeguarded.

Determine that the proposed use will serve the best interests of the Township, the convenience of the community (where applicable), and the public welfare.

Consider the effect of the proposed use upon the logical efficient, and economical extension of public service and facilities such as public water, sewers, police and fire protection and public schools and assure adequate arrangements for sanitation in specific instances.

Be guided in its study, review and recommendation by sound standards of land development practice where applicable.

Guide the development of state and county highway frontage insofar as possible so as to limit the total number of access points and encourage the frontage of building on parallel marginal roads or on roads perpendicular to the highway.

Improve such conditions, in addition to those required, as are necessary to assure that the general purpose and intent of this Chapter 27 is complied with, which conditions may include, but are not limited to, harmonious design of buildings, planting and maintenance of sight or sound screens, and the minimizing of noxious, offensive or hazardous elements or odors.

Weigh each case on its own merits, separately, based upon pertinent information presented or known to the Board and without regard to any previous case.

Consider the comments, if any, provided to the Board by the Chester County Planning Commission and the Chester County Health Department.

§ 27-1414 Sanitary Landfill as a Conditional Use.

[Ord. 1-71, 3/2/1971, § 1416]

Purpose. The purpose of this § 27-1414 of this Chapter 27 is to further the overall purposes of this Chapter 27 as set out in § 27-101 hereof and, also, to provide for the protection and preservation of natural resources and agricultural land and activities and to protect and promote the health, cleanliness, comfort and safety of the citizens of the Township of Lower Oxford.

Authorization. This § 27-1414 of this Chapter 27 is enacted pursuant to the authority granted to the Township by the Legislature of the Commonwealth of Pennsylvania in the following duly enacted statutes:

The sections of the Second Class Township Code authorizing the Township to enact ordinances dealing with the protection of the health of Township residents, refuse materials, nuisances, and public safety, codified in Volume 53 of Purdon's Consolidated Statutes of the Commonwealth of Pennsylvania at Sections 65729, 65708, 65712, and 65747, as amended:

The applicable provisions of the Pennsylvania Municipalities Planning Code dealing with zoning ordinances codified in Volume 53 of Purdon's Consolidated Statutes of the Commonwealth of Pennsylvania as Sections 10601 and 10603, as amended:

The applicable provisions of the Pennsylvania Solid Waste Management Act, codified in Purdon's Consolidated Statutes of the Commonwealth of Pennsylvania at Section 6010 as amended.

Conditional Use. Sanitary landfills are permitted only as a conditional use in the I-1 Zoning Districts within the Township, subject to the provisions of this Chapter 27. Sanitary landfills shall be operated only by Lower Oxford Township or the Lower Oxford Township Municipal Authority.

Application. A person wishing to establish a sanitary landfill in the Township shall present an application for a conditional use, pursuant to the procedures specified in §§ 27-1410 and 27-1414 of this Chapter 27, which shall contain the following:

A topographical drawing, prepared by a registered engineer to a scale no greater than one inch equals 200 feet, showing:

(1)

Location of site relative to public roads.

(2)

Owners of adjacent properties.

(3)

Proposed fencing and improvements.

(4)

Proposed screening.

Statement from Pennsylvania Department of Environmental Resources or its successor indicating the general feasibility of the site for development as a sanitary landfill. Such statement must indicate preliminarily the appropriateness of the site, but need not include completion of actual on-site testing for soil, groundwater, and rock conditions.

Identity of the owner of the site, and relationship of applicant to the owner and notarized statement by the owner that a sanitary landfill is permitted on the property.

An estimate of the expected useful life of site as sanitary landfill and condition of site upon completion of operation.

An estimate of the estimated number of vehicles weighing over 20,000 pounds, loaded, which are expected to use site on daily bases, during first two years of operation.

A statement of the applicant's prior experience, if any, with sanitary landfill operation.

Requirements and Standards Applicable to Sanitary Landfill Operation. Prior to approving a site for a sanitary landfill, the Board of Supervisors and the Planning Commission, acting in conformity with §§ 27-1411 through 27-1415 of this Chapter 27, shall require that:

Any application for sanitary landfill be in compliance with the requirements of the Pennsylvania Department of Environmental Resources and that, prior to the onset of site utilization, a permit be obtained from the Pennsylvania Department of Environmental Resources for said operations.

Any such site be so located that safe and adequate access is available over public roads at all times. The Board of Supervisors may require that any Township road providing access to the proposed site be a minimum of 24 feet in width and paved with surface and base course of sufficient depth to withstand traffic loads to be determined by the number and weight of trucks anticipated in the operation of the proposed site. The Board of Supervisors may further require that the cost of improvement of any Township road to provide this standard of access may be charged against the applicant either by requiring contribution of monies sufficient to pay for the improvement of the road or by charging truck usage fees on the operation of the site sufficient to pay for the improvement and maintenance of access roads;

The proposed operation will not create a nuisance in the Township or otherwise impose a hardship on adjoining property owners or with the Township in general;

That provision be made by the applicant that all trucks entering and leaving the landfill shall be covered and that as a part of the daily operation of the landfill roads used for access to the landfill be patrolled daily to pick up and dispose of scattered and blowing papers or other refuse.

That the landfill be properly fenced to prevent blowing papers and other nuisances on adjoining properties;

When completed, be properly maintained such that it does not constitute a nuisance or danger to the adjoining property owners and to the surrounding areas from uneven settlement, emission of gases due to waste decomposition, and potential vandalism from being out of commission. The owners and operators of the completed landfill site are required to offer for dedication the site after its use to the Township, who, in turn, may use the site for parks, playgrounds, golf courses, gardens, parking storage areas or light construction. The Township retains the right to accept or reject the offer for dedication.

Minimum Acreage. No site shall be approved for a sanitary landfill which contains less than 10 contiguous acres. In computing site sizes, properties divided by public roads shall not be deemed contiguous.

Performance Bond. In order to assure the Township that the various tests and duties imposed upon an applicant by this Chapter 27 are fully performed, the Board of Supervisors shall require that a sufficient surety for such performance shall be posted by an applicant before issuing only conditional use approval or permit. The applicant shall assure the Township by means of a corporate bond or the deposit of funds or securities in escrow sufficient to cover the cost, as estimated by the Township Engineer, of performing the various tests and duties imposed upon him by the ordinance over the expected useful life of the site plus five years. The bond shall be furnished under such conditions and form and with surety as shall be approved by the Board to guarantee and secure that all such tests and duties are fully and adequately performed and are paid for by the applicant and that the Township shall, in no event, be held liable for the cost of any such duties or tests. In lieu of a bond, the applicant may deposit cash or securities with the Township or a bank or trust company to guarantee and secure the same requirements as set forth above. In the event that such cash or securities are deposited, said deposit must be made pursuant to an escrow agreement prepared or approved by the Township solicitor and the Board of Supervisors. The escrow agent for the deposit of such cash or security shall be located in Chester County and shall be subject to approval by the Board.

Indemnification. In addition to the foregoing requirements, all applicants to operate a sanitary landfill upon property within the Township of Lower Oxford shall, prior to the utilization of any site, deliver to the Township Board of Supervisors a liability indemnification, on a form to be prepared by or approved by the Township Solicitor, pursuant to the terms of which, the applicant specifically agrees to fully indemnify and hold harmless the Township of Lower Oxford and all of its officers, agents, and employees from any and all liability and litigation defense costs accruing to any person(s) as a result of any use of any land in the Township permitted by the Board of Supervisors pursuant to this § 27-1414.

§ 27-1415 Quarries as a Conditional Use.

[Ord. 1-71, 3/2/1971, § 1417]

Purpose. The purpose of this § 27-1415 of this Chapter 27 is to further the overall purposes of § 27-101 of this Chapter 27 and, also, to provide for the protection and preservation of natural resources and agricultural land and activities and to protect and promote the health, cleanliness, comfort and safety of the citizens of the Township of Lower Oxford.

Authorization. This § 27-1415 of this Chapter 27 is enacted pursuant to the authority granted to the Township by the Legislature of the Commonwealth of Pennsylvania in the following duly enacted statutes:

Conditional Use. Quarries are permitted only as a conditional use in the I-1 Zoning Districts within the Township, subject to the provisions of this Chapter 27.

Applications. A person wishing to operate a quarry on property in the Township shall present an application for a conditional use, pursuant to the procedures specified in §§ 27-1411 through 27-1415 of this Chapter 27, which shall contain the following:

A topographical drawing prepared by a registered engineer to a scale no greater than one inch equals 200 feet, showing:

(1)

Location of site relative to public roads.

(2)

Owners of adjacent properties.

(3)

Proposed fencing and improvements.

(4)

Proposed screening.

A statement on erosion and sedimentation control provisions in accordance with the requirements of the Pennsylvania Department of Environmental Resources and the Lower Oxford Township Erosion and Sediment Control Regulation.

Identity of the owner of site, and relationship to owner, and notarized statement of the property owner, and notarized statement of the property owner that a quarry is permitted on the property.

An estimate of the expected useful life of site as a quarry.

Plan for restoration of site upon completion of operation.

An estimate of the number of vehicles weighing over 20,000 pounds, loaded, which are expected to use the site on a daily basis, during the first two years of operation.

Statement of applicant's prior experience, if any, in operating quarries.

Requirements and Standards Applicable to Quarry Operation. Prior to approving a site for quarry operation the Board of Supervisors and the Planning Commission, acting in conformity with §§ 27-1411 through 27-1415 of this Chapter 27, shall require that:

Any application for quarry operation be in compliance with the requirements of the Pennsylvania Department of Environmental Resources and that, prior to the onset of site utilization, a permit be obtained from the Pennsylvania Department of Environmental Resources for said operations.

The proposed operation will not create a nuisance in the Township or otherwise impose a hardship on adjoining property owners or with the Township in general.

That provisions be made by the applicant to fence and secure the quarry site from the public so as to adequately prevent trespass and potential acts of vandalism. It shall be the responsibility of the quarry site and equipment contained therein.

That quarry operations be such that dust, noise and other potential nuisance be minimized from affecting adjoining properties.

When quarry operations have been completed, the site be restored or otherwise renovated so that continuing future use for other activities as determined by the Board of Supervisors can occur. Such renovation, as a minimum shall conform to the following requirements:

(1)

All vertical cuts greater than 10 feet in height shall be cut back, filled or otherwise sloped to a slope not to exceed three horizontal to one vertical.

(2)

All pits or depressions shall be designed so as to not collect and retain water following quarry operations.

(3)

All exposed rock shall as much as possible, be covered with topsoil and seeded with grass or other suitable ground cover.

Right to Raise Minimum Standards. It is the intent of the Board of Supervisors to prevent said quarry from becoming a public nuisance or a danger to the public during operation or following its useful life. To this end, the Board of Supervisors reserves the right to require more stringent safety or restoration requirements than the minimum specified herein.

Minimum Acreage. No site shall be approved for a quarry which contains less than 10 contiguous acres. In computing site sizes, properties divided by public roads shall not be deemed contiguous.

Performance Bond. In order to assure the Township that the various tests and duties imposed upon an applicant by this Chapter 27 are fully performed, the Board of Supervisors shall require that a sufficient surety for such performance shall be posted by an applicant before issuing any conditional use approval or permit. The applicant shall assure the Township by means of a corporate bond or the deposit of funds or securities in escrow sufficient to cover the cost, as estimated by the Township engineer, of performing the various tests and duties imposed upon him by this Chapter 27 over the expected useful life of the site plus five years. The bond shall be furnished under such conditions and form and with surety as shall be approved by the Board to guarantee and secure that all such tests and duties are fully and adequately performed and are paid for by the applicant and that the Township shall, in no event, be held liable for the cost of any such duties or tests. In lieu of a bond, the applicant may deposit cash or securities with the Township or a bank or trust company to guarantee and secure the same requirements as set forth above. In the event that such cash or securities are deposited, said deposit must be made pursuant to an escrow agreement prepared or approved by the Township Solicitor and the Board of Supervisors. The escrow agent for the deposit of such cash or security shall be subject to approval by the Board.

Indemnification. In addition to the foregoing requirements, all applicants to operate quarries upon property within the Township of Lower Oxford shall, prior to the utilization of any site, deliver to the Township Board of Supervisors a liability indemnification, on a form to be prepared by or approved by the Township Solicitor, pursuant to the terms of which, the applicant specifically agrees to fully indemnify and hold harmless the Township of Lower Oxford and all of its officers, agents, and employees from any and all liability and litigation defense costs accruing to any person(s) as a result of any land in the Township permitted by the Board of Supervisors pursuant to this § 27-1415.

§ 27-1416 Agricultural Utilization or Other Land Application of Sludge, Sewage Sludge or Other Waste Material as a Conditional Use.

[Ord. 1-71, 3/2/1971, § 1418]

Purpose. The purpose of this § 27-1416 is to further the overall purposes of this Chapter 27 as set out in § 27-101 hereof and, also, to provide for the protection and preservation of natural resources and agricultural land and activities and to protect and promote the health, cleanliness, comfort and safety of the citizens of the Township of Lower Oxford.

Authorization. This § 27-1416 is enacted pursuant to the authority granted to the Township by the Legislature of the Commonwealth of Pennsylvania in the following duly enacted statutes:

The sections of the Second Class Township Code authorizing the Township to enact ordinances dealing with the protection of the health of Township residents, refuse materials, nuisances, and public safety, codified in Volume 53 of Purdon's Consolidated Statutes of the Commonwealth of Pennsylvania in Sections 65729, 65708, 65712, and 65747, as amended:

The applicable provisions of the Pennsylvania Solid Waste Management Act, codified in Purdon's Consolidated Statutes of the Commonwealth of Pennsylvania in Section 6010 as amended.

Conditional Use. Agricultural utilization or other land application of sludge, sewage sludge or other waste material (hereby referred to as sludge) is permitted only as a conditional use in the R-1 and R-2 zoning districts within the Township, subject to the provisions of this Chapter 27.

Applications. A person wishing to utilize sludge on property in the Township shall present an application for a conditional use, pursuant to the procedures specified in §§ 27-1411 through 27-1415 of this Chapter 27, which shall contain the following:

A narrative describing the proposed sludge utilization program including the source of the sludge, the proposed utilization rate per acre, and the total amount to be applied during the utilization period.

A topographical drawing, prepared by a registered engineer, to a scale no greater than one inch equals 200 feet showing:

(1)

Location of the site relative to public roads;

(2)

Identity of owners of adjacent properties;

(3)

Boundaries of the area to be used for sludge utilization;

(4)

Location of public and private water supplies, wells, springs, streams, swamps or other bodies of water within 1/4 of one mile of the boundaries of the proposed sludge utilization site.

A soils, geologic and groundwater report of the characteristics of the proposed sludge utilization site. The report shall be based on a soils, geology and hydrology investigation and on a published standard soil survey or equivalent data and shall encompass and include the following criteria:

(1)

Excavations and borings or wells shall be made to determine the valid and conclusive soil, geology and groundwater conditions, including a minimum of three borings or wells which shall be drilled 10 feet into the groundwater or to bedrock, to delineate groundwater flow system(s). A minimum of one groundwater quality monitoring point shall be established in each dominant direction of groundwater movement and one monitoring point upgradient of the site. The location of all monitoring points shall be approved by the Township Engineer in advance of drilling, but in no event shall any monitoring point be located more than 500 feet from the nearest boundary of the proposed sludge utilization site. Monitoring points shall be accessible to the applicant and to the Township and its Engineer. Chemical analyses and hydrologic data shall be submitted quarterly to the Township Engineer on a form provided to the applicant by the Township, which shall contain all data required from time to time by the Township. Each monitoring point shall be purged prior to obtaining each sample for analysis.

(2)

Detailed soil descriptions based on soil borings obtained through the well drilling procedures.

A chemical analyses of the sludge which shall include, but not be limited to, the ranges of the following: moisture content, percent total nitrogen (moist and dried), percent ammonium (NH⁴-N) (moist and dried), BOD, pH, and the following reported on a dry weight basis, cyanide, sodium, cadmium, zinc, copper, nickel, lead, chromium, mercury, and molybdenum and other toxic substances and enteric pathogens. Chemical analyses are required according to the following schedule:

(1)

Three composite samples of the sludge to be disposed of must be analyzed and one composite sample each year thereafter must be analyzed.

(2)

Additional analysis may be required by the Township when significant changes in the treatment plant's volume or quality of effluent is evident.

A statement from the Pennsylvania Department of Environmental Resources or its successor indicating the general feasibility of the site for utilization of sludge.

Identity of the owner of the site, and an explanation of the relationship of the applicant to the owner and a notarized statement of the property owner that sludge utilization is permitted on the property.

An estimate of the expected useful life of the site for utilization of sludge.

An estimate of the number of vehicles weighing over 20,000 pounds, loaded, which are expected to visit the site.

A statement of the applicant's prior experience, if any, with utilization of sludge.

Requirements and Standards Applicable to Utilization of Sludge. Prior to approving a site for utilization of sludge, the Board of Supervisors and the Planning Commission, acting in conformity with §§ 27-1410 through 27-1416 of this chapter, shall require that:

Any application for utilization of sludge be in compliance with the requirements of the Pennsylvania Department of Environmental Resources and that, prior to the onset of site utilization, a permit be obtained from the Pennsylvania Department Environmental Resources for said operations.

The proposed operation will not create a nuisance in the Township or otherwise impose a hardship on adjoining property owners or with the Township in general;

The applicant shall maintain records of quantities, dates, and locations of sludge application and furnish copies of such records to the Township upon request.

When the utilization of the site for sludge is completed, the aforementioned groundwater monitoring system remain in place and water quality analyses be continued for a period of not less than five years, in conformity with Subsection 4C(1) herein.

Storage. In no event and under no circumstance shall any person be permitted to store or otherwise retain or keep sludge on any property within the Township for any purpose for any period of time except that: A person who has obtained approval for a conditional use to utilize sludge may retain or store on the site for which the conditional use approval has been granted a quantity of sludge equivalent to one day's usage, provided, that, at the expiration of 24 hours after the commencement of the storage period, the said sludge must either be applied or removed from the property.

Minimum Acreage. No site shall be approved for sludge utilization which contains less than 10 contiguous acres. In computing site sizes, properties divided by public roads shall not be deemed contiguous.

Performance Bond. In order to assure the Township that the various tests and duties imposed upon an applicant by this Chapter 27 are fully performed, the Board of Supervisors shall require that a sufficient surety for such performance shall be posted by an applicant before issuing any conditional use approval or permit. The applicant shall assure the Township by means of a corporate bond or the deposit of funds or securities in escrow sufficient to cover the cost, as estimated by the Township Engineer, of performing the various tests and duties imposed upon him by this Chapter 27 over the expected useful life of the site plus five years. The bond shall be furnished under such conditions and form and with surety as shall be approved by the Board of Supervisors to guarantee and secure that all such tests and duties are fully and adequately performed and are paid for by the applicant and that the Township shall, in no event, be held liable for the cost of any such duties or tests. In lieu of a bond, the applicant may deposit cash or securities with the Township or a bank or trust company to guarantee and secure the same requirements as set forth above. In the event that such cash or securities are deposited, said deposit must be made pursuant to an escrow agreement prepared or approved by the Township Solicitor and the Board of Supervisors. The escrow agent for the deposit of such cash or security shall be located in Chester County and shall be subject to approval by the Board.

Indemnification. In addition to the foregoing requirements, all applicants to utilize sludge upon property within the Township of Lower Oxford shall, prior to the utilization of any sludge, deliver to the Township Board of Supervisors a liability indemnification, on a form to be prepared by or approved by the Township Solicitor, pursuant to the terms of which, the applicant specifically agrees to fully indemnify and hold harmless the Township of Lower Oxford and all of its officers, agents, and employees from any and all liability and litigation defense costs accruing to any person(s) as a result of any use of any land in the Township permitted by the Board of Supervisors pursuant to this § 27-1416.

§ 27-1417 Family Farm Related Business or School (FFRBS).

[Ord. 1-71, 3/2/1971; as added by Ord. 3-92, 7/8/1992, § 2; and as amended by Ord. 1-96, 5/8/1996, § 3; by Ord. 2-2002, 6/12/2002; and by Ord. 2-2006, 11/8/2006]

Where the family farm related business or schools are permitted, the following provisions shall apply:

To qualify for a family farm related business or school, the landowner must apply to the Board of Supervisors to request an overlay zoning district of family farm related business. Once the overlay zoning of FFRB is granted, the parcel is temporarily rezoned to FFRB and no final approval of subdivision and land development applications will be granted until such time that the FFRB zoning is repealed. The landowner may request to have the FFRB overlay zoning repealed at any time provided that any farm related business or school use ceases to exist.

The applicant for a family farm related business or school shall be the owner or co-owner of the business or school and the working farm property. The family farm related business or school may be conducted only so long as the owner or co-owner of the working farm or another member of the same farming family is conducting the business or school and residing on the farm.

A family farm related business or school may be conducted on a working farm of at least 10 contiguous acres in size.

[Amended by Ord. No. 1-2018, 10/8/2018]

(1)

Any new building used for a family farm related business shall have a minimum setback from all rights-of-way, and adjacent front, side and rear property lines of 200 feet. Any existing building shall have a minimum setback from front yard of 100 feet and from the side and rear yard of 85 feet.

(2)

Any building used for a family farm related school shall have a setback in compliance with the underlying zoning district.

Family farm related businesses and schools are not permitted to be conducted within manufactured homes.

The maximum building coverage for a family farm related business or school shall not exceed 4,000 square feet.

Building coverage in excess of 4,000 square feet is permitted only as a conditional use when granted by the Board of Supervisors under the provisions of this Part.

The family farm related business or school shall be carried on by one or more members of the farming family residing on the family farm.

No storage or display of goods shall take place out-of-doors. No interior display of goods shall be visible from adjacent properties or the street right-of-way.

The exterior of a farm building used for a FFRB shall have an appearance no different than if there were no family farm related business conducted inside.

The use shall not emit any noise, odor, glare, fume, smoke, dust, vibration, electromagnetic interference or other hazard that is noticeable at or beyond the closest property line. No use that requires application or permitting by the Department of Environmental Protection for the handling of hazardous waste or other substances shall be permitted, except for wastewater treatment.

A minimum of two off-street parking spaces shall be provided in addition to the required number for a residence in accordance with § 27-1109 for each 500 square feet of space used for a family farm related business.

A permit shall be obtained from the Lower Oxford Township Board of Supervisors which will be good through the end of the calendar year and shall be renewed on an annual basis. The Board of Supervisors shall render a decision on any application for a family farm related business or school within 30 days of receipt of an application complete with the application fee. The fee for a family farm related business or school shall be established by resolution. The application for a family farm related business or school permit, or renewal shall be made on a form to be provided by the Township and shall include the following information:

(1)

Name, address and telephone number of the family farm related business or school applicant.

(2)

Proof of ownership of the family farm and proof of the Supervisor's granting the conversion to the FFRB overlay district.

(3)

Proof of receipt of all approvals and permits from county, state or federal agencies having jurisdiction of the proposed activity.

(4)

A narrative describing the nature of the family farm related business or school.

(5)

A sketch of the farm parcel showing the location of the building to be used for the family farm related business or school showing the proximity of the accessory building to the nearest property line and the parking spaces provided.

(6)

Proof of notification of the adjacent property owners of the proposed family farm related business or school.

(7)

The family farm related business or school permit, if approved, shall be valid for the original applicant and shall not be used by or conveyed to another party other than the members of the same farm family.

(8)

One nonilluminated sign not exceeding nine square feet shall be permitted and must be setback at least five feet from all property lines.

§ 27-1418 Home Occupation.

[Ord. 1-71, 3/2/1971; as added by Ord. 1-95, 5/10/1995, § 9]

Where home occupations are permitted, the following provisions shall apply:

Home occupations (limited) shall apply in Zoning Districts R-2, R-3 and R-4.

(1)

Is customarily carried on within a dwelling unit by one or more occupants of such dwelling unit except that two persons not residing in such dwelling unit may be employed.

(2)

Occupies not more than 25% of the total floor area of such dwelling unit and includes, but is not limited to, such occupations as professional practice of medicine, law, contractor's office, engineering, architecture, real estate and insurance and such other occupations as dressmaking, millinery, antique dealing and similar handicrafts or other like business.

(3)

The use may be carried on within an accessory building. However, the size shall not exceed 25% of the total floor area of the dwelling unit.

(4)

A home occupation does not include the following:

(a)

Having exterior displays of goods or interior display of goods visible from the outside.

(b)

Storing materials or products outside the dwelling or accessory building.

(c)

Altering the external building in a manner not customary in residential buildings and residential accessory buildings.

(d)

Off street parking must be provided.

(e)

Each home occupation must be approved by the Board of Supervisors.

(f)

The use shall not emit noise, odor, glare, fumes, smoke, dust, vibration, electromagnetic interference or other hazard that is noticeable at or beyond the closest property line. No use that requires application or permitting by the Department of Environmental Resources for the handling of hazardous waste or other substances shall be permitted, except for wastewater treatment.

Home occupations shall apply only in Zoning Districts R-1, C-1, C-2, C-3 and I-1.

(1)

Is customarily carried on within a dwelling unit by one or more occupants of such dwelling unit except that two persons not residing in such dwelling unit may be employed.

(2)

(3)

The use may be carried on within an accessory building not to exceed 2,000 square feet.

(4)

A home occupation does not include the following:

(a)

Having exterior displays of goods or interior display of goods visible from the outside.

(b)

Storing materials or products outside the dwelling or accessory building.

(c)

Altering the building exterior in a manner not customary in residential buildings and residential accessory buildings.

(d)

Off street parking must be provided.

(e)

Each home occupation must be approved by the Board of Supervisors.

(f)

The use shall not emit noise, odor, glare, fumes, smoke, dust, vibration, electromagnetic interference or other hazard that is noticeable at or beyond the closest property line. No use that requires application or permitting by the Department of Environmental Resources for the handling of hazardous wastes or other substances shall be permitted, except for wastewater treatment.

§ 27-1419 Temporary Homes for Parents or Grandparents.

[Ord. 1-71, 3/2/1971; as added by Ord. 4-96, 7/10/1996, § 2; and as amended by Ord. 2-2006, 11/8/2008]

A manufactured home may be placed upon any lot on a temporary basis for use and occupancy as a residence for a parent or parents, or grandparent or grandparents of the occupant(s) of the principal residence under the following restrictions and conditions:

Use of the same water and/or sewage system may be accomplished only with approval of the Chester County Health Department.

Annual status reports on a form supplied by the Township shall be provided to the Board of Supervisors.

The owners of the lot shall enter into a written agreement with the Board of Supervisors that the manufactured home shall be removed within 60 days after the vacation of the manufactured home by the parent(s) or grandparent(s) for whatever reason.

A manufactured home will be a secondary or supplemental residence for the occupant in accordance herewith and the principal residence must have been previously occupied primarily by the child or grandchild for a period of not less than two years.

Area and bulk regulations shall be complied with where physically possible. Any variance from these regulations shall require formal relief from the Zoning Hearing Board.

The manufactured home shall be situated in the rear or side yards of the lot such that there shall be no significant adverse aesthetic affect on the neighborhood.

The manufactured home shall be located in a manner which shall not adversely affect the health, safety and welfare of the residents of Lower Oxford Township and will not add increased traffic or fire hazard.

§ 27-1420 Large Animals.

[Ord. 1-71, 3/2/1971; as added by Ord. 3-99, 5/12/1999, § J]

The keeping of large domesticated animals including horses, cows, llamas, goats, pigs or sheep, as an accessory residential use only, shall be permitted in the residential districts, subject to the following conditions:

A minimum area of four acres shall be required for the keeping of large animals on a residential lot. Large animals shall be permitted according to the following schedule:

(1)

Four acre lot shall be permitted to have one large animal.

(2)

Five acre lot shall be permitted to have two large animals.

(3)

A lot between six acres and 10 acres shall be permitted to have four large animals.

(4)

Ten or more acre lots shall be controlled by the provisions for agriculture.

Stables, sheds and pens for large animals shall be a minimum 50 feet from side or rear lot lines. Said structure shall be located only in side or rear yard areas of a lot.

Lots shall be graded and structures and pens located so that animal wastes are not conveyed to adjacent lots by means of runoff.

Fences shall be a minimum of three feet from lot lines unless the fence is a part of a mutually agreeable property boundary between two properties housing large animals in which case it may be along the property line.

The manure pile shall be at least 100 feet from any lot or street line and at least 300 feet from any well.

§ 27-1421 Commercial Composting Processing Operation as a Conditional Use.

[Ord. 1-71, 3/2/1971; as added by Ord. 1-2004, 3/25/2004]

An applicant seeking to establish a commercial compost processing operation must show compliance with the following:

Compliance. The applicant must demonstrate compliance, and continue to comply, with all applicable state and federal standards and regulations.

An environmental impact statement will be prepared and submitted in accordance with federal and state standards.

A water feasibility study will be provided to enable the municipality to evaluate the impact of the proposed development on the groundwater supply and on existing wells. The purpose of the study will be to determine if there is an adequate supply of water for the proposed development and to estimate the impact of the new development on exiting wells in the vicinity. The water feasibility shall be reviewed by the municipal engineer and appropriate federal and state agencies. A water system which does not provide an adequate supply of water for the proposed development, considering both quantity and quality, or does not provide for adequate groundwater recharge considering the water withdrawn by the proposed development shall not be approved by the municipality. A water feasibility study shall include the following information:

(1)

Calculations of the projected water needs.

(2)

A geologic map of the area with a radius of at least one mile from the site.

(3)

The location of all existing and proposed wells within 1,000 feet of the site and all known point sources of pollution.

(4)

Based on the geologic formation(s) underlying the site, the long-term safe yield shall be determined.

(5)

A determination of the effects of the proposed water supply system on the quantity and quality of water in nearby wells, streams and the groundwater table, including a baseline analysis of water quality and water quantity within a one mile radius of the proposed facility.

(6)

A statement of the qualification and signature(s) of the person(s) preparing the study.

Driveways. All driveways onto the site must be paved for a distance of at least 100 feet from the street right-of-way line. In addition, a fifty-foot long gravel section of driveway shall be placed just beyond the preceding one-hundred-foot paved section to dislodge any mud that may have become attached to a vehicle's wheels.

Landscaping. A landscape strip with a minimum width of 50 feet shall be located along all property lines. No structures, storage, parking or any other related activity or operation shall be permitted within this landscape strip. Fences or other screening erected on the site, must be located on the interior of this landscape strip.

Leachate. Leachate shall be disposed in compliance with any applicable state and federal laws or regulations. In no event shall leachate be disposed of in storm sewer, to the ground, or in any other manner inconsistent with the Department of Environmental Protection regulations.

Minimum Setback. No processing or storage of compost shall be permitted within 200 feet of any lot line or 500 feet of any residential district or use.

Nuisance Control. The applicant shall submit a plan demonstrating safe access to the site, control of odors, and control of blowing litter.

Operations. All composting activities including the processing, preparation, curing, loading, material handling, unloading, storing (including long-term storage) and packaging operations of compost for commercial purposes must be conducted within a completely enclosed building. The enclosed structure will be located on a concrete slab with a proper drainage collection system so that no materials or liquids leak onto or beneath the ground surface. The structure will also be vector-proof and utilize state of the art technology for aerobic, thermophilic decomposition of the materials involved in the compost preparation. At all stages the operation must utilize the best available air scrubbing technology to control odor and air pollution. Loading and unloading must occur on a concrete or asphalt surface. All composting activities must take place on the concrete impermeable pad, which size shall be determined by the Board of Supervisors at a conditional use application proceeding.

Screening. The use shall be screened from all roads and adjoining properties by fencing or evergreen planting as determined by the Board of Supervisors.

Supervision. Unloading, processing and transfer operations shall be continuously supervised by a qualified facility operator. Hours of operation are limited to 7:00 a.m. to sunset Monday through Saturday.

Unauthorized Dumping. Access to the site shall be controlled to prevent unauthorized dumping.

Vehicle Stacking Lanes. All uses shall provide sufficiently-long stacking lanes into the facility, so that vehicles waiting to be weighed or loaded/unloaded will not back-up onto public roads.

Hay and straw utilized in the processing and preparation of compost may be stored outside.

No hazardous materials may be utilized at any stage of the composting process including materials to be incorporated into the process.

(Reserved)

Construction of the lagoons to contain the water used in the processing of the compost and of the berms to hold the leachate wastewater must comply with all state and federal regulations and with state of the art technology.

All local water surface bodies and designated ground water downgrading\side gradient, monitoring well locations (to be installed by applicant if not otherwise available) are to be tested for pollutants once a month at the sole expense of the operator. Such tests will include, but not be limited to, levels of ammonia, chloride, fecal coliform, lead and other hazardous substances that are associated with composting operations in accordance with the Pennsylvania Department of Environmental Protection and the Chester County Department of Health Regulations. Air sampling for hazardous pollutants and pathogens will occur on a monthly basis as the sole expense of the operator. Tests for hazardous pollutants and pathogens will be consistent with constituents that are associated with composting operations in accordance with the Pennsylvania Department of Environmental Protection and the Chester County Health Department. Copies of said reports shall be forwarded to Lower Oxford Township and where appropriate, to federal and state agencies on a monthly basis.

Leachate. If leachate is to be discharged into a municipal sewage facility, appropriate permits shall be obtained from the applicable agencies and authorities.

Minimum Setback. (In addition to the pending proposal) No processing shall be permitted within 500 feet of any wells, springs, lakes and/or streams. In addition, any ventilation outlets must be orientated away from land within a residential zone. The setbacks contained in this section shall not be reduced for any reason.

Applicant. A person wishing to establish a compost operation in the Township shall present an application for a conditional use, pursuant to the procedures specified in §§ 27-1410 and 27-1413 of this Chapter 27, which shall contain the following:

A topographical drawing, prepared by a registered engineer to a scale no greater than one inch equals 200 feet, showing:

(1)

Location of site relative to public roads.

(2)

Owners of adjacent properties.

(3)

Proposed fencing and improvements.

(4)

Proposed screening.

The identity of the owner of the site and relationship of applicant to the owner(s). The application shall include a description of all composting activities in which the owner(s) of the site and/or the applicant and/or their principals have been engaged under any business entity including fictional name registrations, partnership names and corporate names. The description of all composting activities shall include a history of all notices of violations, cease and desist orders, and civil and criminal citations under any prior business entity name in which the owner/applicant(s) were previously engaged.

If the proposed use is contiguous to another property being used for the processing or preparation of compost, the applicant shall establish that the proposed use and location will not contribute to or compound any existing adverse safety, health and welfare conditions as a result of the increased concentration of composting usage. The Board of Supervisors many deny outright or impose additional conditions arising out of problems caused by the over concentration of composting activities in the area in question.

Requirements and Standards Applicable to Compost Operation. In considering the application for a commercial compost operation as a conditional use, the Board of Supervisors, acting in conformity with §§ 27-1410 through 27-1413 of this Chapter 27, shall require that:

Any application for compost operation be in compliance with the requirements of the Pennsylvania Department of Environmental Protection and that, prior to the onset of site utilization, a permit be obtained from the Pennsylvania Department of Environmental Protection for said operations if the Pennsylvania Department of Environmental Protection so requires.

An application must provide an analysis of the physical conditions of the primary road system serving the proposed use, including information on current traffic flows on the road system including ingress and egress to and from Lower Oxford Township and projections of traffic generated by the proposed use to include anticipated increased noise level, as well as the projected weight and number of vehicles. Any such site must have direct access to either an arterial or collector highway, or a Township road that is paved with a surface and base course of sufficient depth to withstand traffic loads as established by the above traffic analysis.

The proposed operation will not create a nuisance in the Township or otherwise impose a hardship on adjoining property owners or with the Township in general.

That provision be made by the applicant that all trucks entering and leaving the site shall be covered and that as part of the daily operation of the site roads used for access to the site be patrolled daily to pick up and dispose of scattered and blowing papers or other refuse.

That the site be properly fenced to prevent blowing papers and other nuisances on adjoining properties.

Minimum Acreage. No site shall be approved for a compost operation which contains less than 10 contiguous acres. In computing site sizes, properties divided by public roads shall not be deemed contiguous. No site shall be larger than 15 acres.

Any commercial composting site shall apply for and secure the land development approval by Lower Oxford Township in accordance with the Pennsylvania Municipalities Code.

Indemnification. In addition to the foregoing requirements, all applicants to operate a compost operation upon property within the Township of Lower Oxford shall, prior to the utilization of any site, deliver to the Township Board of Supervisors a liability indemnification, on a form to be prepared by or approved by the Township Solicitor, pursuant to the terms of which, the applicant specifically agrees to fully indemnify and hold harmless the Township of Lower Oxford and all of its officers, agents, and employees from any and all liability and litigation defense costs accruing to any person(s) as a result of any use of any land in the Township permitted by the Board of Supervisors pursuant to this section.

§ 27-1422 Solar Energy System - Large Scale as a Conditional Use.

[Added by Ord. 1-2012, 6/13/2012]

The construction of a solar energy system for commercial purposes will be permitted as a conditional use and shall be subject to the conditions contained in § 27-1202, Subsection 16, and the following conditions:

Minimum area of 10 contiguous acres not divided by a road.

Financial security satisfactory to Lower Oxford Township.

Stormwater management controls. A stormwater management plan shall be submitted to the Township Engineer in accordance with § 27-1202, Subsection 16.

Construction.

The cost to remove the array should it cease to function, which shall be a part of the financial security identified above.

The applicant shall submit a narrative describing the facility, which shall be reviewed by the Township Engineer and shall be detailed and technical in nature. The narrative shall include the generating capacity, the heights of the panels, the maintenance required, the noise level and any employees on the site. The applicant shall be required to submit a site plan and is required to submit a land development plan if the Township Engineer determines that stormwater management is needed for the site.

The applicant must have evidence that the array meets current UCC regulations.

The applicant must submit a lighting plan showing limited use of light. All lighting fixtures shall be shielded so that they light only the facility and do not impact neighboring property owners and are no higher than 20 feet.

The transmission lines for a facility to transmit the electricity shall be underground, unless the applicant can show an extreme hardship, in which case the Board of Supervisors may modify this condition.

All facilities shall have both warning signs and a fence at least six feet in high. The applicant shall show evidence of that fence construction at the time of conditional use application.

§ 27-1423 Wind Energy System - Commercial Scale as a Conditional Use.

[Added by Ord. 1-2012, 6/13/2012]

The construction of a wind energy system - commercial industrial scale, where permitted as a conditional use, is subject to the conditions contained in § 27-1202, Subsection 17, and the following conditions:

Minimum area of 10 contiguous acres not divided by a road.

Financial security satisfactory to Lower Oxford Township.

Stormwater management controls. A stormwater management plan, including calculations, shall be submitted to the Township Engineer. If the calculations show stormwater runoff in excess of that previously on the site, a plan shall be submitted to control said runoff.

The plan showing the construction and location of each tower or turbine.

The cost to remove the array should it cease to function, which shall be a part of the financial security identified above.

The applicant shall submit a narrative describing the facility, which shall be used by the Township Engineer and shall be detailed and technical in nature. The narrative shall include the generating capacity, the height of the turbines, the maintenance required, the noise level, and whether any employees shall remain on the site. The applicant shall be required to submit a site plan and a land development plan if the Township Engineer determines that stormwater management, in accordance with regulations in this chapter, is required.

The applicant must present evidence that the array or that the facility meets current UCC regulations.

The applicant must submit a lighting plan showing limited use of light. All lighting fixtures shall be shielded so that they light only the facility, do not impact neighboring property owners and are no higher than 20 feet. If other government regulations require lighting for the height of the turbines, such requirements must be submitted to the Township Engineer for review.

All such facilities shall have both warning signs and shall be fenced at least six feet in height. The applicant shall show evidence of that fence construction at the time of the conditional use application.

§ 27-1424 Unified Commercial/Light Industrial Developments.

[Added by Ord. 2-2014, 9/24/2014]

Unified commercial/light industrial developments are permitted as conditional uses in the C-1, C-2 and C-3 Zones.

The unified commercial/light industrial development shall comply with the following standards:

(1)

Only those uses permitted as uses by right or as a conditional use in each of the three commercial zones shall be permitted within a unified commercial/light industrial development.

(2)

The unified commercial/light industrial development must be served by a public or community water supply.

(3)

The unified commercial/light industrial development must be served by a public or community sewage treatment system.

(4)

Each tract shall meet the following requirements:

(a)

A minimum net tract area of four acres.

(b)

The minimum width of the tract measured at the existing street right-of-way line abutting the tract to be developed shall be 100 feet.

(c)

The tract coverage after development shall not exceed 80%.

(d)

The minimum front yard setback shall be 100 feet.

(e)

The minimum side and rear yard setback shall be 50 feet.

Additional Regulations.

(1)

Unified commercial/light industrial development shall be in compliance with use regulations under Part 11, Design Standards.

(2)

Unified commercial/light industrial development shall comply with regulations contained in § 27-1109, Subsection 3, concerning nonresidential parking, and § 27-1109, Subsection 4, Joint Parking Lots.

(3)

Site Design. Development of a unified commercial/light industrial development is intended to result in a grouping of structures that conforms to the standards contained in this chapter and which enhances the access and management of vehicular access to arterial and collector streets and highways, limiting such access where reasonable to no more than one point of ingress or egress for each portion of the lot which has road frontage.

(4)

The landscaping shall comply with other provisions of this chapter and the Lower Oxford Township Subdivision Ordinance [Chapter 22] but shall demonstrate a cohesive design pattern for the entire tract for pedestrian walks or paths and vehicular circulation and parking. In particular, pedestrian access within the site shall be designed to provide convenient, safe and direct access between the various uses within the unified commercial/light industrial development as well as access of a hearby concentration of development, either residential or commercial, where applicable.

(5)

Unified commercial/light industrial use shall be screened from any adjacent residential district in accordance with § 27-1101 of this chapter.

(6)

Signage.

(a)

In any unified commercial/light industrial development, the sign regulations under § 27-1808, Shopping Centers, shall apply, with the exception of Subsection 1A, Project Identification Signs. No project identification signs are permitted for a unified commercial/light industrial development.

§ 27-1425 Automatic Changeable-Copy Sign Face Billboards.

[Added by Ord. 2-2015, 1/14/2015]

The applicant, prior to receiving a zoning and building permit, shall provide Lower Oxford Township with financial security of a kind satisfactory to Lower Oxford Township to insure the complete removal of the structure and the automatic changeable-copy sign face billboard when it is no longer used. Such financial security shall be in effect for the entire period of time the automatic changeable-copy sign face billboard is on location.

The applicant shall provide evidence of a license or easement to access the property from any adjacent property owners whose property is necessary to be crossed to get access the billboard structure.

The amount of the financial security shall be updated every three years at the request of the Township and in an amount determined in the sole discretion of the Lower Oxford Township Engineer, such amount not to be unreasonably determined.

§ 27-1426 Poultry.

[Added by Ord. 2-2016, 7/13/2016]

The keeping of female-only poultry, including chickens and ducks and no other, for nonagricultural purposes as an accessory residential use only shall be permitted in all districts subject to the following conditions:

The provision for the keeping of poultry shall refer to hens or females only. Any reference to "poultry" means only hens or females and specifically not males or roosters.

No roosters nor any other male-gendered poultry are permitted.

Minimum lot size equals two acres.

A maximum of 12 hens or female poultry may be kept on a minimum two-acre lot as an accessory residential use. For each additional acre, six hens or female poultry may be kept.

All hens or female poultry must be kept in a structure that is fully enclosed.

(1)

Each structure must have a fenced enclosure around the structure.

(2)

The poultry structure and fenced enclosure must be located only in the rear yard.

(3)

The structure must provide a minimum of two square feet per hen.

(4)

The structure must meet applicable setback requirements for the zone in which the lot is located.

(5)

Notwithstanding any other setback requirements, such poultry structure must be set a minimum of 25 feet from all dwellings and all property lines.

(6)

The fenced enclosure must have a minimum of four square feet per hen/female poultry and must be set back a minimum of 10 feet from all property lines.

Poultry are not permitted to run at large at any time.

(1)

Permitting poultry to run at large on any public land, including, but not limited to, sidewalks, streets, roads, alleys, and parks, shall be a violation of this chapter and shall be enforced as such.

(2)

Permitting poultry to run at large on any private property belonging to another shall be a violation of this chapter and shall be enforced as such.

(3)

It is unlawful for poultry to run loose on the property of the person owning the poultry and is in violation of this chapter and shall be enforced as such.

The living environment for the poultry must be kept free of manure and other waste.

(1)

Upon a complaint by neighboring property owners or occupiers that the facility has accumulated poultry manure and/or deceased poultry or rotten eggs, creating a health hazard in the form of accumulation of flies and other vermin, including rats and mice, then in that event such condition is hereby determined to be a violation of this chapter and shall be enforced as such.

(2)

All feed for said poultry must be kept in rodentproof closed containers.

(3)

The accumulation of feed outside of closed containers shall be a violation of this chapter and shall be enforced as such.