The uses, buildings and structures listed in this section are accessory and shall be incidental and subordinate to the principal use on the tract or lot.

Accessory uses, buildings and structures in § 162-2002C and D shall be:

Accessory uses, buildings and structures shall have a minimum setback of 10 feet from the side and rear lot lines on lots having a lot area of one acre or less; and 25 feet from the side and rear lot lines on lots having a lot area of more than one acre, except:

Accessory uses, buildings, or structures shall have a maximum height of 15 feet, except as otherwise stated in this chapter.

For properties with individual on lot sewage systems, no accessory uses, buildings and structures shall be constructed within the primary or the separate replacement sewage system area or within the same setbacks (with respect to buildings, wells, etc.) as specified for primary septic systems. The property owner or lessee shall demonstrate to the satisfaction of the Township that accessory uses, buildings and structures comply with this requirement. At the sole discretion of the Township, the owner or lessee may be required to provide quantitative proof in the form of soil testing or other data for the primary and/or the secondary septic site that the requirements of this chapter have been met. Failure to comply with this requirement could result in the owner or lessee being required to remove the accessory uses, buildings and structures at their own expense.

Minimum yard setbacks shall be as specified in § 162-2006.

Storage of farm products and farm machinery.

Barns and stables sheltering livestock, poultry, and farm products.

Silos for storage of grain or other farm products which shall be set back a distance equal to their height.

Preparation of agricultural products produced on the premises.

Garages and outbuildings.

Signs identifying the name of the farm in accordance with Article XXI.

Residential accessory uses in accordance with § 162-2002C, below.

Display and sale of agricultural products. The display and sale of agricultural products shall be permitted, provided that:

Secondary farm business. This accessory use allows for a secondary source of income for a farmer and shall be allowed as a use solely undertaken by the owner or operator of the agricultural use, so as to promote the continuation of existing agricultural uses. This use shall be in accordance with the following:

Agricultural warehousing in conformance with § 162-2006D.

Garage, driveway, or parking area for the parking of passenger automobiles including noncommercial trucks and vans.

Temporary or nightly outdoor parking or storage of commercial vehicles. shall be limited to one vehicle per lot. Such vehicle shall be owned or operated by the resident of the lot and such vehicle shall not include signage or advertising, except for a logo or business name of no greater than a maximum of two square feet per vehicle. Commercial vehicles which display signage or advertising other than the permitted as listed above shall not be parked on the residential lot for more than a twenty-four-hour period during which period it shall be screened by view from the public right-of-way and adjacent residential lots by way of a 100% fencing or vegetative screening as per § 162-1908. All parking of vehicles, trailers or other conveyances with a gross vehicle weight rating of over 20,000 pounds is prohibited in all residential zoning districts and on property used for residential purposes.

Motor home or recreational vehicle as per §§ 162-1908 and 162-1909.

Residential structures for such accessory uses as shelter for household pets, storage sheds, bathhouses, gazebos, decks, patios, tennis courts, flagpoles, stables, clothes lines, and private noncommercial greenhouses. [Stables shall comply with the setback requirements as per § 162-1916B(2).]

Windmills for residential energy use purposes by conditional use, provided they receive a building permit, are installed to industry standards, and such proof of appropriate and safe installation is supplied to the Township upon request.

Uses designed to serve the residents of a residential development, including areas for washing machines and dryers, lockers or storage areas, recreational facilities and lounges.

Fences or walls in accordance with § 162-1915.

Signs associated with the occupants of the dwelling in accordance with Article XXI.

Home occupation (home based business and no-impact home-based business) in accordance with § 162-2024.

(Reserved)

Noncommercial swimming pool subject to the following provisions:

Garage or yard sales subject to the following provisions:

Residential outdoor storage in compliance with § 162-1909.

Residential radio antenna, television antenna or microwave dish antenna in accordance with the following standards:

Accessory apartments and accessory existing detached dwellings. The purpose of this section is to allow the alteration of existing buildings for the purpose of meeting housing needs of immediate family members, domestic employees, and/or caregivers and their dependent children who are employed on premises. In particular, the purpose is to balance the needs and desires of extended families to provide an independent residence while protecting the existing character of the surrounding properties and to avoid subdivision to accomplish such purpose, thereby promoting the preservation of Township historic character, open space, and the concept of limited development.

Accessory solar energy system in conformance with § 162-2045.

Accessory buildings and structures on commercial, institutional, and industrial lots shall have the same setback from lot lines as principal buildings when they abut residential uses, lots or districts, and otherwise shall have a minimum setback of 20 feet.

By conditional use, windmills for generating energy used for the principal use, provided they are issued a building permit and are installed to industry standards and such proof of appropriate and safe installation is supplied to the Township upon request.

Uses designed to serve the employees of a commercial industrial or institutional development, including areas for bicycle parking, patios, gazebos, flagpoles, and storage sheds.

Off-street parking and loading facilities in accordance with § 162-1903.

Driveways, accessways, and interior circulation in accordance with § 162-1905.

Outdoor storage of materials in accordance with § 162-1909.

Signs in accordance with Article XXI.

Fences or walls in accordance with § 162-1915.

Private radio antenna, television antenna or microwave dish antenna shall be permitted as a commercial or industrial accessory use when in accordance with the following standards:

Accessory solar energy system in conformance with § 162-2045.

Adult-oriented establishments and uses shall be located a minimum of 1,000 feet from another existing adult-oriented establishment and use.

Adult-oriented establishments and uses shall be located a minimum of 500 feet from any residential zoning district or use, church, school, day-care facility, or public playground or park.

The minimum lot area for adult-oriented establishment and uses shall be one acre.

Except as otherwise noted in this section or chapter, area and bulk regulations for this use shall be as specified in the applicable underlying district in which this use is located.

Sign messages shall be limited to verbal description of materials or services available on the premises.

Sign messages may not include any graphic or pictorial depiction of material or services available on the premises.

Messages which are visible or intended to be visible from outside the property, such as on or within doors or windows, shall not display materials, items, publications, pictures, films or printed material available on the premises.

A description of the premises for which the permit is sought.

A statement of the intended use(s).

Hours of operation.

Type, size and location of proposed sign(s).

Gardening, incidental to residential use, shall be permitted in any district without restriction in regard to lot area.

Any structures used for the shelter or housing of livestock or poultry or any intensive agricultural use shall be located not less than 100 feet from any lot line. Except as provided for dwellings, no other agricultural structure, including agricultural accessory structures, shall be constructed closer than 50 feet to any abutting property or public right-of-way. Nonintensive agricultural uses shall be set back a minimum of 20 feet from a property line. Where setbacks provided in the applicable district differ from 50 feet, the greater dimension shall apply.

Silos and bulk bins shall be exempt from the maximum building height limit when attached to an existing structure or located such that the distance from the base of the barn, silo, or bulk bin to both the nearest property line and the nearest street right-of-way line is no less than the height of said silo or bulk bin. In no case shall any such structure exceed 100 feet plus accessory structure and safety mechanisms for a maximum of 120 feet.

The storage or stockpiling of manure or other odor or dust producing substance shall not be permitted within 100 feet of any abutting property other than that of the owner/operator of this use or public right-of-way, closer than 100 feet to any wells, springs, sinkholes, on slopes adjacent to any ponds and streams, or within any swale or drainageway. Manure shall only be stored or stockpiled on an approved impervious surface that will restrict the associated nutrients from being released onto and into adjacent soils and the groundwater aquifer.

Lots shall be graded so that animal wastes are confined, stockpiled, stored, or disposed of within the lot on which they originate or adjacent lot(s) under the same ownership and use. Waste disposal shall also be in accordance with applicable Township ordinances.

All grazing and pasture areas where animals are kept shall be fenced.

The Township shall strongly encourage a Conservation Plan and Nutrient Management Plan be completed for all agricultural/farming uses. The aforesaid plans shall be required for intensive agricultural/farming uses due to their intensive nature and potential impacts on land, natural resources, and adjacent property owners, as specified by the Chester County Conservation District and under the Nutrient Management Act of 1993, as amended.[1]

Except as otherwise specified in this section or chapter, parking, screening, buffering, lighting, signs, storage and display, fencing and walls, access, and other general standards shall be in accordance with the applicable sections of Article XIX.

Except as otherwise specified in this section, lot area regulations and area and bulk regulations for nonintensive agricultural/farming uses in applicable underlying zoning districts shall apply.

The applicable regulations of other applicable Township, county, or state requirements shall apply.

No slaughtering or processing operations shall be permitted under a nonintensive agricultural/farming use. Said operations shall be considered intensive agricultural/farming uses.

Commercial piggeries shall be considered intensive agricultural uses and shall not be permitted as part of a nonintensive agricultural use.

The minimum lot area for intensive agricultural/farming uses shall be 20 acres in all districts where this use is permitted, otherwise except as specified in this section other area and bulk regulations of the underlying district in which this use is located shall apply.

An intensive agricultural/farming use including agricultural buildings or structures housing mushrooms, poultry, hogs, or other livestock; accessory mushroom composting; feed lots, or other odor or dust producing activities, shall be set back a minimum of 300 feet from any adjacent residential property lines.

Intensive agricultural/farming uses shall be set back the stricter of a minimum of 100 feet from any floodplain or watercourse or as specified by the Chester County Conservation District, as applicable.

The applicable regulations of other applicable Township, county, or state requirements shall apply.

Agricultural/farming warehousing shall be an accessory use to the principal agricultural/farming use and shall only be permitted on a lot used for the principal agricultural use.

Agricultural/farming warehousing shall required a minimum lot size of five acres, even if associated with a nonintensive agricultural/farming use that is permitted a smaller lot size in the underlying district.

Up to a maximum of 50% of the total products and materials stored on-site may include items which are owned and used by off-site interests.

Commercial greenhouse production shall be considered an intensive agricultural/farming use and shall follow applicable regulations for the district in which it is located.

Maximum lot coverage shall not exceed 60%.

Screening shall be provided in accordance with § 162-1908.

Stockpiling of organic material shall be so designed so as to prevent runoff into streams, or onto roadways, or onto adjacent properties. Storage of such materials shall be located no less than 50 feet in distance from any lot line or Flood Hazard District boundary and no less than 100 feet from any stream, wetland, or other body of water and shall not be stored within a drainageway nor located so as to drain onto adjacent land.

In order to be allowed more than eight guest rooms, the applicant shall be required to perpetually restrict the development of the property on which the historic resource is located, according to the formula set forth herein. The applicant shall agree to perpetual conservation easements satisfactory in form and substance to the Township Solicitor, which shall restrict the development of the historic resource(s) and lot(s) as herein required.

Four additional guest rooms shall be allowed in exchange for each lot which is perpetually restricted from further development. The historic resources must be located on the lot which the applicant agrees to restrict. Each restricted lot shall:

A master plan identifying the overall layout of plots, internal road network, buildings, stormwater management facilities, and other improvements.

A valid permit issued from the Pennsylvania Department of Health, when applicable.

A narrative of how the cemetery will be developed and maintained.

The applicant shall demonstrate that recharge of groundwater is not adversely impacted by the cemetery design.

The applicant shall provide sufficient hydrologic and other information to satisfy the Township that the potential for groundwater contamination from the burial grounds shall not be hazardous to neighboring water supply wells.

The area and bulk regulations of the underlying district shall apply for this use except that the minimum rear yard shall be no less than 50 feet. Where this use is located adjacent to a residential district, the minimum side yard shall be 35 feet.

Child day-care centers shall meet the provisions of 55 Pa. Code § 3270.1 et seq. for "child day-care centers" and the applicable requirements of all other state and county agencies. Where any of the requirements in this chapter conflict with state requirements, the more restrictive requirement shall apply.

Prior to the issuing of a permit by the Code Enforcement Officer, the applicant must receive and hold all pertinent approvals and/or licenses from the PA Department of Public Welfare, the Chester County Health Department, and any other applicable state or county agencies as a condition of permit approval and continuation.

An outdoor play area shall be provided consistent with the Pennsylvania Department of Public Welfare standards. This area shall be located to the side or rear of the building and shall be set back at least 25 feet from all property lines and shall be surrounded by a safety fence.

The screening and landscaping requirements of § 162-1908 shall be met. Outdoor play areas shall be sufficiently screened so as to protect residential areas from inappropriate noise and disturbance.

Outside play shall be limited to the hours between 8:00 a.m. and 7:00 p.m. or sunset, whichever occurs earlier.

When proposed in combination with another nonresidential use, a permit is required for each use.

No less than one off-street parking space for each employee, plus two parking spaces for each 10 children shall be provided. Parking shall be adequately screened when situated within 50 feet of land zoned for or in residential use.

Safe off-street unloading passenger space and adequate stacking capacity shall be provided to prevent interference with traffic flow on any adjacent street or road. One passenger unloading space per 10 children shall be provided; a minimum of one unloading space shall be provided in all cases. The unloading spaces shall be 9.5 feet wide by 20 feet long.

An existing residential building on the lot may be used and occupied as a single-family residence for the owner or an employee of the owner of the day-care center. However, such building shall not be used for nor include space for the child-care use and shall meet the area and bulk regulations of the R-3 Residential District.

Except as otherwise specified in this section or chapter, parking, screening, buffering, lighting, signs, storage and display, fencing and walls, access, and other general standards shall be in accordance with the applicable sections of Article XIX.

The area and bulk regulations of the underlying district shall apply.

Adult day-care centers shall hold a valid license from the Pennsylvania Department of Aging, meet the regulations of the Pennsylvania Older Adult Living Centers Licensing Act of 1993 (6 Pa. Code § 11.1 et seq.), and the applicable requirements of all other state and county agencies. Where any of the requirements in this chapter conflict with state requirements, the more restrictive requirement shall apply.

There shall be a minimum of one off-street parking space provided for each employee and, additionally, a minimum of one safe passenger unloading space measuring a minimum of 9.5 feet by 20 feet in size for each five clients that the center is licensed to accommodate. Safe sight distances and internal circulation patterns are required for both dropoff and pickup locations.

There shall be an outdoor open and safe area which shall be a minimum of 10% of the net tract size and shall contain such amenities as benches, gazebos, and/or walking paths.

Except as otherwise specified in this section or chapter, parking, screening, buffering, lighting, signs, storage and display, fencing and walls, access, and other general standards shall be in accordance with the applicable sections of Article XIX.

There shall be no inhabited structures, residential accessory structures, or electrical transmission lines within a radius equal to the height of the tower; and the communication tower shall be designed, where technically feasible, with a break point which shall ensure that the structure will fall within this radius setback. In no case shall the tower be located less than a distance of 25 feet from the nearest property line;

The requested height shall be the minimum height necessary to meet the particular communication requirements of the proposed facility;

The applicant does not have the ability to use an existing communication tower for its communications requirements;

The tower shall be lighted as may be required by federal, state or local aviation regulations;

The Board of Supervisors shall be assured that all health, safety and welfare issues have been properly addressed;

No communications tower or antenna shall be constructed on any property or placed on any structure in any portion of the Brandywine Battlefield National Historic Landmark Planning Area which is within 1/2 mile of the Brandywine Creek.

The applicant shall prove that the location is necessary to satisfy their function in the applicant's system and, where applicable, will obviate the need for the erection of a telecommunications tower in another location where the same is permitted.

The applicant shall minimize the adverse visual impact and the number of such facilities through proper design, siting screening, material, color and finish and whenever possible, competing providers should collocate antennas and related facilities.

Building-mounted telecommunication antennas shall not be located on any single-family dwelling or two-family dwelling.

Building-mounted telecommunication antennas shall be permitted to exceed the height limitations of the applicable zoning district by no more than 20 feet.

Omnidirectional or whip telecommunication antennas shall not exceed 20 feet in height and seven inches in diameter.

Directional or panel telecommunication antennas shall not exceed five feet in height and three feet in width.

Any applicant proposing telecommunication antennas to be mounted on a building or other structure shall submit evidence from a Pennsylvania-registered professional engineer certifying that the proposed installation will not exceed the structural capacity of the building or other structure, considering wind and other loads associated with the antenna location.

Any applicant proposing telecommunication antennas to be mounted on a building or other structure shall submit detailed construction and elevation drawings indicating how the antennas will be mounted on the structure for review by the Township for compliance with the Township Building Code and other applicable law.

Any applicant proposing telecommunication antennas to be mounted on a building or other structure shall submit evidence of agreements and/or easements necessary to provide access to the building or structure on which the antennas are to be mounted so that installation and maintenance of the antennas and communications equipment building can be accomplished.

Telecommunication antennas shall comply with all applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation.

Telecommunication antennas shall not cause radio frequency interference with other communication facilities located in the Township.

A communications equipment building shall be subject to the height and setback requirements of the applicable zoning district for an accessory structure.

The owner or operator of communications antennas shall be licensed by the Federal Communication Commission to operate such antennas.

The maximum height of telecommunications antennas affixed to electrical transmission structures, including the height of the structure, shall be 120 feet.

Prior to constructing or maintaining an outdoor cafe, an applicant shall first apply for and secure a permit from the Township in accordance with the following:

This use shall be associated with a principal use of an eating or drinking establishment and shall be located abutting that building in which the principal use is located, and shall be located on the same lot as that principal use.

The associated eating or drinking establishment shall have a minimum indoor seating capacity of 16 persons.

Outdoor cafe uses, abutting or adjacent to residential districts, shall stop serving customers on or before 9:00 p.m., prevailing time, on Sunday through Thursday, and clear all tables of food, beverages, and customers on or before 10:00 p.m. On Friday and Saturday, customer service shall stop at 10:00 p.m., prevailing time, and all tables shall be cleared of food, beverages, and customers on or before 11:00 p.m.

This use shall not be located on or extend onto a public street, right-of-way, pathway, or sidewalk.

This use shall be separated from parking areas or traffic flow areas by fencing or buffering. However, in any location where the outdoor cafe is not separated from the flow of traffic or parking areas, no table shall be located within five feet of the curb or the boundary of that area, whichever is closer.

This use shall provide table service.

The applicant shall maintain this use as per all Township regulations and codes and state and federal laws, as well as Township rules for this use, which may, from time to time, be changed to facilitate the purposes and functioning of this use.

This use shall meet applicable Chester County Health Department requirements.

Automotive parts, refuse, and similar articles shall be stored within a building or enclosed area.

Vehicles waiting for repairs shall not be stored outdoors for more than 10 days. Junk or parts vehicles shall be stored indoors or directly behind the building where they are screened from public view and limited to no more than two vehicles.

Front yard: 100 feet.

Side yards: 100 feet.

Rear yard: 100 feet.

In conjunction with a special event such as an athletic contest, a holiday celebration, festival, parade or similar activity after permission has been obtained to make such landings or takeoffs;

In connection with a construction project where a helicopter is to be used to lift equipment or materials in connection with such project.

Landings and takeoffs for law enforcement purposes and emergencies, such as medevac, are permitted without prior approval.

A minor home occupation (no-impact home-based business), as defined in this chapter, shall be permitted as an accessory use by-right in those districts where minor home occupations are allowed when each of the following criteria and those in Act 247 are met:

No-impact consulting as defined in this chapter (See "consulting, no-impact") shall be permitted as an accessory use by right in those districts where minor home occupations are allowed where the criteria of § 162-2024A(1)(a), (c), (d), (f) and (g) herein above are met. No-impact consulting shall not require a permit [§ 162-2024A(2) and B(9)], and additional parking spaces [§ 162-2024B(5)].

The Code Enforcement Officer shall make the determination as to whether the above criteria are met by the proposed use. The applicant shall be responsible for supplying such information as deemed necessary to make this determination. Upon determining that the proposed use meets all of the above criteria and is classified as a minor home occupation, the Code Enforcement Officer shall issue a one time permit for the home occupation. Where the proposed home occupation does not meet all of the criteria, Subsection A(3) through (5) shall apply.

Where a proposed home occupation does not meet one or more of the above criteria in Subsection A(1)(a) through (g) and Act 247,[1] it shall be classified as a major home occupation and an annual permit shall be required to be obtained from the Code Enforcement Officer.

A major home occupation shall be permitted as an accessory use only as a special exception and shall require review and approval by the Zoning Hearing Board. Following such approval, a permit shall be obtained from the Code Enforcement Officer. Permits for home occupations approved by special exception shall be renewed annually.

A proposed major home occupation which does not meet at least two of the above criteria in Subsection A(1)(a) through (g) shall not be permitted as a home occupation.

A home occupation must be conducted within a dwelling which is a bona fide residence of the principal practitioner or, for a major home occupation, in an accessory building thereto which is normally associated with a residential use. The home occupation, other than an outdoor play area for a home day care, shall be carried on wholly indoors. Accessory structures such as sheds, detached garages, and barns may be used for unheated storage of materials for the major home occupation, only if the primary building is used as an office for the home occupation use.

A home occupation shall not be permitted within a nonconforming structure or on a nonconforming lot, which the exception of historic resources and their lots, as defined by Article II and XXII.

In no way shall the appearance of the residential structure be altered or the occupation within the residences be conducted in a manner which would cause the premises to differ from its residential character by the use of materials, construction, lighting, show windows, signs, or advertising visible outside the premises to attract customers or clients, other than those signs permitted by this chapter for a residential use or a major home occupation.

Home occupations are an accessory use for a principal residential use as permitted in the applicable underlying district and except as otherwise noted in this section, shall meet minimum area and bulk regulations in the applicable underlying district in which the principal residential use is located.

In addition to the off-street parking spaces required for the particular primary residential use concerned, a major home occupation use shall provide one off-street space per 200 square feet of total floor area used for the home occupation, plus one space for each employee; however, a maximum of four off-street parking spaces are permitted on one lot, inclusive of that required residential parking. A minor home occupation shall provide no more than one additional parking space above that already provided for the residential use where it is located. Off-street parking spaces required for the home occupation are not permitted in front yards. All off-street parking spaces shall be located at least 10 feet from any property line. Off-street parking areas for the home occupation use shall be screened from abutting residences in accordance with § 162-1908. Alternately, a fence may be erected as a visual screen with a minimum height of four feet.

Any commercial vehicle, not to exceed one in number, shall be parked within a garage, an enclosed structure, or a parking space which is screened from view at the street line and from adjacent residential uses.

There shall be no exterior storage of materials or refuse resulting from the operation of the home occupation.

No equipment or process shall be used in a home occupation which creates noise, vibration, glare, fumes, odors, dust, or electrical interference detectable to normal senses beyond the property line which is in excess of levels customarily generated by a residential use. No equipment or process shall be used which creates visible or audible interferences in any radio or television receivers off the premises.

All applicants for a home occupation use shall be required to obtain a permit in accordance with the requirements of § 162-2024A prior to beginning operation of the use.

With the exception of home day care, no home occupation activity shall be conducted between the hours of 8:00 p.m. and 8:00 a.m. which involves individuals entering or leaving the premises or mechanical operations.

Deliveries from commercial suppliers shall not be made prior to 8:00 a.m. or later than 8:00 p.m.

Home occupations shall not include the following:

The total area used for such purposes (including storage) shall not exceed the equivalent of 50% of the floor area of the ground floor or first floor of the user's dwelling unit.

No more than one person, other than resident members of the immediate family, may be employed or subcontracted at the residence.

No articles shall be sold or offered for sale on-site except such as may be produced on the premises.

Signage shall be as designated in Article XXI.

Personal services. Personal services, including beauty parlors and barbershops, may be permitted as a special exception, provided no more than two beauty parlor or barber chairs are located in the shop.

Instructional services. An instructional service is a home occupation in which the practitioner provides the client with special instruction in a specific area of study. Such uses shall meet the following provisions:

Home crafts. Home crafts are art or craft-related business activities whereby the commodity for sale is completely manufactured by and may be sold on the site by the resident craftsman. Home crafts may include, but are not limited to the following: artists, sculptors, specialty paper arts such as invitations, dressmakers, seamstresses, and tailors; and include such activities as model-making, rug-weaving, lapidary work, and furniture-making. Home crafts are permitted only in single-family detached dwellings and existing accessory buildings on the same lot.

Home day care. The following provisions shall apply to accessory home day-care uses:

Medical or dental center;

Patient care facilities;

Hospital administrative offices;

Accessory maintenance facility;

Pharmacy or laboratory;

Snack and restaurant facilities; and

Gift shop.

Lodging facilities;

Dining facilities;

Conference and meeting facilities;

Recreation facilities;

Gift shop; and

Accessory maintenance facilities.

Minimum tract size: five contiguous acres.

Tract perimeter setbacks and screening for industrial parks. Landscaping, screening, and buffering in accordance with Article XIX shall be required in addition to the following minimum setbacks along the perimeter of the industrial park:

Tract perimeter setbacks and screening for office parks. Landscaping, screening, and buffering in accordance with Article XIX shall be required in addition to the following minimum setbacks along the perimeter of the office park:

Minimum lot area. The average area of individual lots within an industrial or office park development shall be one acre, but no individual lot shall be less than 30,000 square feet.

Minimum widths.

The lot and building coverage and floor area ratio shall be as specified in the underlying district in which the industrial or office park is located and except as otherwise specified in this section or chapter, this use shall meet minimum area and bulk regulations for the applicable underlying district in which this use is located.

The perimeters of a junkyard or salvage yard shall have a landscaped setback as follows:

The area where junk and any other material is stored outside shall be enclosed with a wall or fence, at least eight feet in height, but no greater than 10 feet in height and which shall be designed and constructed so as to be 100% screened.

Landscaping, buffering, and screening requirements shall be in accordance with § 162-1908 and applicable sections of Chapter 138, Subdivision and Land Development. Vegetative screening shall be provided outside of the required fence.

Automotive fluids (including gasoline, oil, antifreeze, brake, transmission fluids, and similar fluids), Freon, and other flammable or toxic substances shall be removed from any junk or other items stored on the premises and shall be properly containerized and stored and removed from the premises a minimum of two times per month. Such materials shall not be released into the air or deposited on or into the ground or watercourses and shall be transported and disposed of or recycled in accordance with applicable state and federal regulations.

Automotive batteries shall be removed from junked vehicles and properly stored until they are disposed of or recycled.

Removal of such fluids, batteries, and other hazardous materials shall take place on an impervious surface where they can be properly contained without danger of spilling or being transported into the ground.

Piles shall not cover a surface area of greater than 1,000 square feet.

Corridors of at least 35 feet in width shall be maintained as firebreaks on all sides of tire piles. No point in the pile shall be more than 25 feet from a firebreak. Firebreaks shall be kept free from obstructions that could limit access in the event of an emergency and vegetation shall be maintained below six inches.

Tires stored or processed outdoors shall be covered by a carport, tarp, or similar structure or device.

Spare parts, refuse, and similar articles shall be stored within a building or enclosed area.

Machinery or automobiles waiting for repairs shall not be stored outdoors for more than 10 days. Junk vehicles/machinery shall be stored indoors or directly behind the building where they are out of public view.

A retirement community shall provide a combination of individual dwelling units in any combination of single-family, two-family, or multifamily buildings and may include a community center consisting of one or more buildings in which the following uses may be permitted.

The intensity of this use shall not exceed 2.5 dwelling units per gross acre. For purposes of this section, four beds for patient, resident, visitor, and/or staff person use provided within the community center or accessory buildings shall be deemed the equivalent of one dwelling unit.

The minimum tract size for a retirement community shall be 30 acres.

Every lot shall have a lot width at the at the street line of not less than 250 feet.

A retirement community shall be developed and operated under the direction and control of a single owner or agent for the owner.

Not less than 40% of the total area in the tract shall be designated as and used exclusively for common open space. Otherwise, location, design and layout, and maintenance of common open space shall be in accordance with the requirements of Article XVIII.

There shall be a setback of 50 feet around the entire perimeter of the tract in which no structures shall be situated, except there shall be seventy-five-foot front setback.

Except as otherwise noted in this section or chapter, this use shall meet minimum area and bulk regulations for the applicable underlying district in which this use is located.

Site planning requirements for sanitary sewage disposal, water supply, storm drainage, erosion and sedimentation control, conservation of trees and natural features, and landscaping and buffers shall comply with the standards set forth in applicable sections of this chapter.

Except as otherwise specified in this section or chapter, parking, screening, buffering, lighting, signs, storage and display, fencing and walls, access, and other general standards shall be in accordance with the applicable sections of Article XIX.

The minimum lot size for this use shall be five acres.

Every lot shall have a lot width at the street line of not less than 250 feet.

The total usable floor area ratio shall not exceed 40%.

There shall be a setback of 50 feet around the entire perimeter of the tract in which no structures or roadways shall be situated, except there shall be seventy-five-foot front yard setback.

Not more than 60% of the area of any lot may be occupied by buildings, paving and other impervious cover. A minimum of 40% of the area of any lot must be "green" area. Of the 40% green area, a reasonable area is to be devoted to a park like area for the enjoyment of the residents of the facility, connected to the main buildings with walkways. Reasonable recreational facilities, such as paved walking paths, shall be provided for the residents. An outdoor landscaped sitting area shall be provided. The sitting area shall not be located on slopes of greater than 1% nor shall it be adjacent to parking lots, detention basins, or arterial or major collector streets unless adequate screening is provided.

All accessory structures shall be located in conformance with the primary building requirements herein specified, except where specific requirements for accessory buildings or structures are specified in this chapter.

For a single-building development, the building structure shall not exceed three stories and 45 feet in height, whichever is less. For a multiple-building development, the building structures shall not exceed three stories and 35 feet in height, whichever is less. No accessory building or structure shall exceed 20 feet in height.

Except as otherwise noted in this section or chapter, this use shall meet minimum area and bulk regulations for the applicable underlying district in which this use is located.

The Board of Supervisors may prescribe reasonable architectural requirements in keeping with the rural and historical character of the Township, the Brandywine Battlefield National Historic Landmark Planning Area, and the surrounding uses and environment in accordance with Article XII-a and including the following:

The Board of Supervisors may prescribe reasonable additional landscaping requirements in § 162-1908 in keeping with the rural and historical character of the Township, the Brandywine Battlefield National Historic Landmark Planning Area, and the surrounding uses and environment in conformance with Article XII-a.

Except as otherwise specified in this section or chapter, parking, screening, buffering, lighting, signs, storage and display, fencing and walls, access, and other general standards shall be in accordance with the applicable sections of Article XIX.

Assisted-living facilities shall be licensed and operated in accordance with the Pennsylvania Department of Public Welfare. Licenses shall be clearly displayed and made available for inspection at all times. A license shall be obtained from the Department as a condition of issuing a use and occupancy permit by the Township.

Nursing homes shall follow requirements in Subsection B, above.

Nursing home facilities shall be licensed and operated in accordance with the Pennsylvania Department of Health. Licenses shall be clearly displayed and made available for inspection at all times. A license shall be obtained from the Department as a condition of issuing a use and occupancy permit by the Township.

Permitted uses. These uses include, but are not limited to, active or passive recreations uses such as parks, play fields, playgrounds, hiking paths, arboretums, conservation areas, wildlife sanctuaries, cross-country skiing, swimming pools, boating, horseback riding, fishing, foot, bicycle and bridle paths, picnic areas, tennis and other racquet game courts or any similar uses characteristically identified with open space areas, and of a noncommercial nature, in accordance with the following development standards:

The minimum lot size for this use shall be three acres. Except as otherwise noted in this section or chapter, this use shall meet minimum area and bulk regulations for the applicable underlying district in which this use is located.

Noncommercial recreational uses or facilities shall adhere to the general development standards set forth in § 162-2034B.

Outdoor lighting. Outdoor lighting shall comply with the provisions of § 162-1910.

Seasonal or permanent rest rooms shall be provided for outdoor recreation uses.

The standards under this subsection shall apply to such privately established recreational uses such as, but not limited to, country clubs, golf, swim, and tennis clubs, ice-skating rinks, theaters, and bowling alleys.

The following aggregate minimum lot areas (Table 20-1) shall be required based on each proposed use:

Except as otherwise noted in this section or chapter, this use shall meet minimum area and bulk regulations for the applicable underlying district in which this use is located.

The area or square footage necessary for recreational facilities including, but not limited to, tennis courts, basketball courts, soccer fields, baseball fields, and swimming pools shall be based on the specifications set forth in National Park and Recreation Association guidelines, as amended.

Any improvements such as a structure, building, parking area, storage, loading, or paved areas, excluding foot and bicycle paths, and necessary accessways to a public street, shall not be located closer than 50 feet to any residential lot line, and shall be screened from any residential district or use in accordance with § 162-1908. Otherwise, the setback requirements of the underlying district shall apply.

Outdoor active recreation facilities including, but not limited to, tennis courts and swimming pools, which concentrates activities shall be set back a minimum of 100 feet from any residential lot line and shall be screened from any residential district or use in accordance with § 162-1908. A minimum setback of 50 feet shall apply to such areas that are adjacent to nonresidential districts or uses.

Auxiliary uses, such as a restaurant or banquet facilities, shall be restricted in their use to employees, patrons, members and guests of the principal use and shall be set back a minimum of 100 feet from any residential lot line and shall be screened from any residential district or use in accordance with § 162-1908.

General development standards.

Campgrounds.

Storage of materials shall be within containers that prevent the material from being carried from the work area or site by wind or water and shall prevent the inhabitation of vectors.

Stored materials shall be set back a minimum of 100 feet from an existing residential use or district. A minimum setback of 50 or the setback required by the underlying district, whichever is greater, shall be maintained from any other property line or street line.

Materials stored outdoors shall be properly screened so as not to be visible from adjacent streets or property. The storage of paper shall be within a fully enclosed building or trailer.

Except where special provision has been made for the disposal of household hazardous waste, hazardous waste included on the list of hazardous waste maintained by the Pennsylvania Department of Environmental Protection (PaDEP) shall not be disposed of at a recycling collection center or recycling processing facility.

Principal access to the site shall be from an arterial or collector road as defined by this chapter.

Except as otherwise specified in this section or chapter, parking, screening, buffering, lighting, signs, storage and display, fencing and walls, access, and other general standards shall be in accordance with the applicable sections of Article XIX.

Operation of a recycling processing facility shall at all times be in full compliance with the statutes of the Commonwealth of Pennsylvania, the Rules and Regulations of the PaDEP, and the provisions of this chapter. In the event that any of the provisions of this chapter are less restrictive than any present or future Rules or Regulations of PaDEP, the more restrictive regulations shall supersede and control.

Access to the site shall be limited to those posted times when an attendant is on duty. In order to protect against indiscriminate and unauthorized dumping, recycling processing centers shall be protected by locked barricades, fences, gates, or other means designed to deny access to the area at unauthorized times or locations. Such barricades shall be at least six feet high and shall be kept in good repair and maintained in a uniform color.

A working plan for clean up and control of litter shall be submitted to the Township. Blowing litter shall be confined to the work area and controlled through the provision of a fence with a minimum height of six feet, with openings not more than three inches by three inches along all boundaries.

Screening, consistent with the standards of § 162-1908, shall be required between the fence and the street line and property line.

Unloading of materials shall be continuously supervised by a facility operator.

When this use is combined with a transfer station, the separation of material shall be done so that the recycling process does not interfere with the prompt disposal of the municipal solid waste.

Outdoor storage of automobiles, boats, and recreation vehicles is permitted provided they are screened so as not to be visible from adjacent streets, residential uses or residential districts.

A maximum of 20% of the total site area may be used for such outdoor storage.

Stored vehicles shall not interfere with traffic movement through the complex.

A pedestrian orientation shall be maintained and sidewalks or walking paths provided along all interior street frontages within this use and pedestrian access to sidewalks on or adjacent to the property on which this use is located shall be provided.

Proposed development shall be designed to complement the historic character of a village in the Township in regard to building placement, style, bulk, construction materials, and site design.

The use of a traditional grid street pattern or one that is similar in nature to the existing village development pattern in the Township is the preferred design of new roads for this use. The use of curvilinear streets and culs-de-sac is strongly discouraged.

Off-street parking shall be located to the side or rear of buildings.

The removal of mature trees and site vegetation shall be minimized as per Article XV.

Every effort should be made to locate new structures taking into account existing site features, the traditional development patterns of villages within the Township, and in such a manner as to minimize changes to the existing contours and original topography of the site.

Offices for contractors on the site and during the period of construction only.

Sales offices for new residential development to be removed upon the conclusion of the final sales in the development.

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

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

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

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

Mobile headquarters for political campaigns for a period not to exceed three months.

Short-term seasonal sale of plants and flowers (e.g., Christmas trees, holiday plants, and Mother's Day flowers). Permits for this use shall be limited to a period of two weeks, except for Christmas trees, which shall be limited to a period of six weeks. Sale of farm products shall be governed by the applicable provisions of § 162-2002.

A temporary community event, including but not limited to flea markets, public exhibitions, auctions, carnivals, circuses, nonprofit fund-raising events, and similar temporary uses. Permits for such uses shall be limited to a period of two weeks and not more than four occurrences in one calendar year for each organization.

Temporary outdoor portable storage unit, such as a POD®.

Other temporary uses or structures of a similar nature to those listed above as determined by the Zoning Officer.

A temporary use and occupancy permit shall not be required for uses listed in Subsection A, above, that are in place for three or more consecutive days.

Length of permit.

Where necessary as determined by the Zoning Officer, the applicant shall provide plans or information to ensure adequate parking, emergency access, road access, sanitary facilities, refuse collection, and cleanup after the event.

Operation of a transfer station shall be in full compliance with the statutes of the Commonwealth of Pennsylvania, the Rules and Regulations of the Department of Environmental Protection (PaDEP), and the provisions of this chapter. In the event that any of the provisions of this chapter are less restrictive than any present or future Rules or Regulations of PaDEP, the more restrictive regulations shall supersede and control.

Leachate from the municipal solid waste and water used to wash vehicles or any part of the operation shall be disposed of in a manner in compliance with PaDEP regulations. If the leachate is to be discharged to a municipal sewage treatment plant, appropriate permits shall be obtained from the applicable agencies and authorities. In no event shall the leachate be disposed of in a storm sewer, to the ground, or in any other manner inconsistent with PaDEP regulation.

Open burning of any materials shall be specifically prohibited.

A working plan for cleanup and control of litter shall be submitted to the Township. Blowing litter shall be confined to the work area and controlled through the provision of a fence with a minimum height of eight feet and a maximum height of 10 feet, with openings not more than three inches by three inches along all boundaries.

Buffering, consistent with the standards of § 162-1908, shall be required between the fence and the street line and property line.

Municipal solid waste shall not remain on the site for more than 72 hours.

At the end of each workday, all municipal solid waste shall be compacted in a transfer container. Oversized items and items that cannot be compacted because of their size or construction shall be stored in the building. These items shall not remain on the site for more than 15 days.

Solar panels not exceeding two square feet in area that supply energy to a single device or appliance (e.g., landscape lighting and fountains).

Solar panels and collectors designed, used as, and having the appearance of roof sheathing materials, including shingles, tiles, and cedar shakes.

Accessory solar energy systems permitted by right. Roof-mounted accessory solar energy systems, which have no solar panels or solar system appurtenances located on any part of the roof facing a street or visible from a street adjacent to the property, shall be permitted in all zoning districts as a by right accessory use, subject only to proper permitting and compliance with all applicable criteria and standards set forth in Subsection D below.

All accessory solar energy systems that do not meet the criteria for by right systems set forth above, including all ground-mounted accessory solar energy systems, shall be permitted only by conditional use in all zoning districts.

Design and permitting. The design and installation of the solar energy system shall conform to applicable industry standards, such as those of the American National Standards Institute, Underwriters Laboratories, the American Society for Testing and Materials, or other similar certifying organizations, and shall comply with the Building Code and with other applicable codes and fire and life safety requirements adopted as of the time of application. A zoning permit, building permit and other permits (e.g., electrical, mechanical) in accordance with the Building Codes adopted as of the time of application shall be required. Applicable manufacturer specifications shall be submitted as part of any permit applications along with any other documentation requested by the Zoning Officer or Building Official necessary to prove compliance with the standards set forth in this § 162-2045 and any other applicable provisions of this chapter. In addition:

Individual net metering. The accessory solar energy system must be an individual net metering system as defined in § 162-202 or a system that is not connected to the power grid and exclusively serves the energy needs of the property on which the system is located.

Grid interconnection. Applicants for a solar energy system connected to the utility grid shall provide written authorization from the local utility company acknowledging and approving such connection.

Electrical lines. All electrical lines from the solar energy system to any building and/or other structure shall be encased and located underground.

Glare. Solar collectors shall be manufactured and installed so as to prevent glare or concentrated solar radiation from being directed onto other properties or streets. Antireflective surface materials or coatings shall be used to preclude glare to the extent feasible.

Class 1 or Class 2 Historic Resources. If a solar energy system is proposed to be located within 500 feet of any Class 1 or Class 2 Historic Resource, such system shall be subject to review and recommendation by the Historical Commission on the impact on the historic resource.

Solar access easements. A solar energy system shall be located to ensure solar access without reliance on adjacent properties. Where necessary to ensure that solar access to a solar energy system shall not be obstructed over time by permissible uses or activities on any adjacent property (i.e., by planting or growth of vegetation, new construction, etc.), it shall be the responsibility of the owner of the solar energy system to obtain appropriate solar access easement(s) from neighboring property owner(s) and to notify the Township upon the recording of any such easement(s). All solar access easements shall be recorded in the chain of title of both the property where the system is located and the adjacent property in the Office of the Recorder of Deeds of Chester County.

Area and bulk regulations and setback requirements.

Roof-mounted systems.

Ground-mounted systems.

Visual impact, mitigation. The applicant shall present site drawings and other material to demonstrate the visual impact of the solar energy system when viewed from adjacent properties and streets. Visual mitigation may include demonstration of the following:

Impervious surface. All at-grade or above-grade features and facilities relating to ground-mounted solar energy systems, including solar system appurtenances, shall be considered impervious surface and shall be subject to all applicable stormwater management regulations for introduction of additional impervious surface.

Lot coverage. The footprint of a ground-mounted solar energy system shall be calculated as part of the overall lot coverage.

Removal of trees. The removal of trees to locate a solar energy system and/or increase the efficiency of the system shall be in compliance with § 162-1503, Natural resource protection.

Safety and security of principal solar energy systems.

Abandonment or disrepair. If the solar energy system is ever abandoned or enters into a state of disrepair, it shall be the responsibility of the property owner to remove the solar energy system or return it to proper maintenance within six months from the date the system enters such a state or notification from the Township.

Decommissioning. If a ground-mounted solar energy system is ever removed, any earth disturbance as a result of the removal shall be graded and reseeded to the satisfaction of the Township. If required by Chapter 94, Land Disturbance, as amended, a land disturbance permit shall be applied for and obtained from the Township.

A Community Impact Assessment in compliance with § 138-405 of Chapter 138, Subdivision and Land Development.

An Environmental Impact Assessment in compliance with § 138-406 of Chapter 138, Subdivision and Land Development.

A Traffic Impact Study in compliance with § 138-409 of Chapter 138, Subdivision and Land Development.

A preliminary grading plan identifying the limits of disturbance, preliminary grading and approximate final elevations.

Each of the studies and reports required by this § 162-2409I shall include measures that will be implemented to mitigate the adverse impacts of the use. The applicant shall be responsible to implement the mitigation measures and for the cost of mitigation.