Provided all area and bulk requirements and design standards for the district are met, except that:

Buildings of which a conforming use is made, but which are nonconforming in area and bulk by exceeding the allowable lot coverage for the district in which they are located may not be enlarged unless the lot size is enlarged.

Buildings of which a conforming use is made, but which are nonconforming in location on a lot, may be enlarged or additional buildings may be constructed subject to the following:

Buildings of which a conforming use is made, but which are nonconforming as to the permitted height for the district in which they are located, may be enlarged or additional buildings may be constructed, provided the additional buildings or enlargements of existing buildings shall conform to the permitted height for the district in which they are located.

The requirement that any expansion shall not increase the extent of the existing nonconformity (for example, if the building currently extends into a required setback the addition can be built but it cannot increase the nonconforming condition by extending further into the required setback), and such expansion shall not increase the existing floor area by more than 50%.

The provisions of § 250-86 herein; and

The grant of a special exception by the Zoning Hearing Board under the provisions of Article XII of this chapter.

In all Neighborhood Commercial or Limited Industrial Districts, such buildings may be increased in area by enlargement of existing buildings or by construction of additional buildings provided that the existing buildings plus enlargements or additions do not exceed the area, bulk and setback requirements for the district; and, provided that all design standards for the district are complied with or their installation and construction guaranteed by posting of a performance bond or other acceptable, adequate security. Enlargements and construction of additional buildings for extension of a nonconforming use shall be limited to the lot which was in single and separate ownership on the effective date of this chapter.

In all residential districts such buildings may be increased in area by not more than 50% of the area of such buildings as were on the lot at the date the use first became nonconforming. Such increase may be by enlargement of existing buildings or the construction of additional buildings, subject to the following:

In all districts, buildings nonconforming in area and bulk by exceeding the allowable lot coverage or height for the district shall not be enlarged or additional buildings constructed.

Buildings nonconforming in location on the lot, by reason of being closer to a lot line or setback line than the minimum requirements for the district, may be enlarged or additional buildings may be constructed subject to the following provisions:

Provided that the owner does not presently own or control other adjoining property, or has not conveyed ownership or control in other adjoining property since the effective date of this chapter, sufficient to enable him to comply with the area and bulk requirements for the district.

A special exception is granted by the Zoning Hearing Board subject to the provisions of Article XII of this chapter. In considering a special exception for this use, the Zoning Hearing Board shall impose the following requirements:

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

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

If any destroyed portion of the nonconforming building or structure did not meet setback or other applicable bulk and area requirements or design standards, that portion of the building shall not be rebuilt in the same location unless the owner can prove that the building cannot be rebuilt in conformity or greater conformity with applicable area and bulk, regulations and design standards. In considering a request for a special exception under this section, the Zoning Hearing Board shall have the power to impose conditions on the location of the reconstruction consistent with this section and chapter and the public health and safety.

Define and delineate selected natural resources within the Township and establish resource conservation standards to assist the Township in reducing the impact proposed uses will have on the environment.

Conserve valuable natural resources within the Township in accordance with the Pocopson Township Comprehensive Plan (2001) and the Pocopson Township Parks, Recreation, and Open Space Plan (1993).

Conserve and protect natural resources within the Township and the Kennett Area Region in accordance with the following policies of the Kennett Area Region Comprehensive Plan (2000), as amended:

In the event that the provisions of this section and any other provisions of the Township Code are in conflict, the more restrictive provisions shall apply.

In the event that two or more natural resource areas identified in this section occur on the same lot or tract, disturbance limitations shall be measured separately. Where such resource areas overlap, the most restrictive standard (the least amount of permitted alteration, regrading, clearing, or building) shall apply to the area of overlap.

It shall be a violation of this chapter to regrade, fill, pipe, divert, channel, build upon, or otherwise alter or disturb a natural resource protected by this section prior to the submission, review, and approval of any applicable application for zoning or building permit(s), conditional use or special exception approval, zoning variance, or subdivision or land development plan(s).

Limitations to the disturbance of resources shall apply before, during, and after construction on a site.

Disturbance limitations, established as a maximum percentage of permitted disturbance, shall be applied concurrently as a percentage of each applicable resource area to the extent that it is present on the entirety of any tract or any lot and as a percentage of the area within each discrete resource area measuring one acre or more. A "discrete resource area" is the entirety of any single contiguous area comprising any one resource regulated by the provisions of this Section. Any area of resource overlap shall be measured as part of the contiguous resource area with the most restrictive disturbance limitation. For example, if disturbance of 25% of a particular resource area is permitted, then it shall apply as 25% of the total area of that resource on the applicable lot or tract. In addition, the twenty-five-percent limitation shall apply individually to each discrete resource area measuring one acre or more, regardless of whether, collectively, such areas comprise 25% of all areas of such resource on the applicable lot or tract.

Disturbance limitations shall be applied based on the occurrence of identified resource areas at the time of adoption of this section. Disturbance permitted over time in multiple applications on the same lot or tract shall be measured against the same overall limitations established at the time of the first application after the adoption of this section. For example, if applicable disturbance limitations for a particular resource permit two acres of disturbance, and one acre of disturbance is permitted upon the first application after the adoption of this section, then only one acre shall remain to be permitted for future disturbance of the applicable resource regardless of the total number of applications over the years.

Information submitted to demonstrate compliance with this section shall be verified as correct by the Township Engineer or other qualified professional as determined by the Township.

Regulations and disturbance limits for each specific resource area set forth below shall be complied with as applicable. The following summary table is provided as an overview of disturbance limitations. In certain cases as provided herein, exceptions or modifications may apply.

Steep slope areas shall be preserved in their natural state whenever possible. Where construction of roads, buildings, driveways, or infrastructure cannot be avoided, disturbance shall be kept to the minimum necessary and in no case shall it exceed the following permitted disturbance limits:

All permitted buildings or structures shall be constructed in such a manner as to provide for the least alteration necessary of the existing grade, vegetation, and natural soils condition.

A grading plan shall be provided identifying the existing contours of the site, proposed finished grades, and the proposed location of all buildings and structures. Locations for all stockpiled earth, stone, and other materials shall be shown on the plan and shall not be located within the dripline of any trees intended to remain post permitted disturbance.

Excessive cut and fill shall be avoided. New roads and improvements to existing roads should be designed within the existing contours of the land to the extent possible and strive for compatibility with the character of rural roads.

Finished slopes of permitted cut and fill shall not exceed thirty-three-percent slope unless the applicant can demonstrate the method by which steeper slopes will be stabilized and maintained adequately.

Any stockpile(s) of earth intended to be stored for more than 21 days shall be seeded or otherwise stabilized to the satisfaction of the Township Engineer. Any disturbed areas of very steep slope and any cut and fill resulting in slopes of greater than 20% shall be protected with an erosion control blanket.

Any disturbance of land shall be in compliance with the erosion and sedimentation control standards of Chapter 190, Subdivision and Land Development, and PADEP Title 25, Chapter 102. All applicants shall refer to the PADEP Erosion and Sediment Pollution Control Program Manual dated March 2000, or latest edition, for applicable erosion and sediment control standards. Where applicable, in the context of any application before the Township, any applicant shall permit inspection of erosion and sedimentation controls by designated personnel of both the Township and the Chester County Conservation District.

Where the following information has not been previously submitted as part of a subdivision or land development plan application, such information shall be submitted to the Township with building permit, conditional use, special exception, or zoning applications, when applicable:

Wetlands shall not be regraded, filled, piped, diverted, channeled, built upon, or otherwise altered or disturbed, including for purposes of access or utility crossings, except where all applicable permits have been obtained and copy thereof submitted to the Township.

Any applicant proposing a use, activity, or improvement which would entail the regrading or placement of fill in wetlands shall provide the Township with proof that the Pennsylvania Department of Environmental Protection (Bureau of Dams and Waterway Safety and Bureau of Water Quality Management) and the U.S. Army Corps of Engineers have been contacted to determine the applicability of state and federal wetland regulations. Any applicant contacted by the Pennsylvania Department of Environmental Protection or the U.S. Army Corps of Engineers in regard to wetlands also shall concurrently provide to the Township a copy of such correspondence.

Where permitted subject to applicable regulation and as otherwise provided herein, sewers or other liquid transport pipelines shall only be permitted to cross wetlands on the minimum traversal distance and where every precaution shall be taken to prevent leaks and to prevent any possible draining of the wetland (e.g., water flowing through or along any pipe or trench). At the expense of the applicant, the Township may require inspection of applicable systems and facilities, including but not limited to x-ray of steel welds and pressure testing of pipelines.

Where wetland disturbance is permitted subject to applicable regulation on any lot or tract, no more than 10% nor more than one acre of any wetland area, whichever is less, shall be disturbed for any purpose. To the maximum extent feasible, any disturbance to or loss of natural wetlands shall be mitigated at the rate of three times the lost or disturbed wetland area in a manner approved by the Township. Mitigation may include creation of wetlands which shall be hydrologically fed with stormwater discharged from an approved stormwater management facility. Created wetlands may be located at a site approved by the Township for such mitigation, whether on or off the property that contains the wetland subject to disturbance. Where approved by the Township, some or a portion of any required wetlands mitigation, in lieu of wetland creation, may be accounted for through permanent conservation of other existing unprotected wetlands or by restoration of former wetlands (e.g., through removal of tilefields or other drainage facilities) by means satisfactory to the Township.

Where required to comply with state or federal regulation, any applicant also shall provide the Township with a full wetland delineation report conducted by a qualified wetland biologist, soil scientist, or environmental professional of demonstrated qualifications, subject to the following:

The riparian buffer area is designated as:

Isolated wetlands and other water bodies. Wetlands and other water bodies not located along a watercourse, where the wetland or water body is greater than 5,000 square feet in area, shall have a minimum riparian buffer width of 50 feet, measured from the edge of the wetland or water body around the entire perimeter.

The following uses or activities are permitted by right in riparian buffer areas:

The following uses or activities are permitted by special exception in riparian buffer areas:

The following uses or activities are permitted by special exception approval only within the outer 50 feet of a riparian buffer area:

The following activities or practices are expressly prohibited in riparian buffer areas:

Riparian buffer restoration and planting requirements. All riparian buffer areas shall be continually maintained with a diverse mix of locally adapted native species of canopy trees, understory trees, shrubs, and herbaceous plants so as to constitute a forested riparian buffer where not otherwise occupied by any existing use except in accordance with § 250-87F, or any authorized use permitted in § 250-87F(3) through (5). In addition:

Any riparian buffer that is included within a lot created after the effective date of this ordinance shall include as a condition of approval of the subdivision creating the lot, a restrictive covenant approved by the municipal solicitor, and recorded with the final subdivision or land development plan and the deed for the lot. The restrictive covenant shall clearly define the riparian buffer area, shall include binding provisions for the adequate long-term functioning and integrity of the riparian buffer, and shall include a requirement for notification of all subsequent lot owners of its restrictive nature.

With the exception of those uses or activities listed below, and where not otherwise regulated more restrictively under the provisions of this chapter, no more than 20% of any seasonal high water table soil shall be regraded, filled, built upon, or otherwise altered or disturbed:

Notwithstanding the twenty-percent disturbance limitation set forth above, the following regulations shall apply to seasonal high water table soils:

No heritage trees shall be removed from any lot or tract except where undertaken in accordance with an approved timber harvesting plan or where the applicant demonstrates to the satisfaction of the Township that such removal is essential to eliminate hazardous condition(s). In consideration of any need for tree removal, the Township may engage the services of an arborist, reasonable costs therefor to be borne by the applicant.

To the minimum extent necessary to permit retention of heritage trees while providing for lawful use, modification to otherwise applicable area and bulk requirements may be approved in the following situations:

Where any applicant for building, zoning, subdivision or land development approval establishes conservation restrictions acceptable to the Township which shall result in the conservation of heritage trees, all such heritage trees to be retained shall be credited toward any tree replacement required under § 250-87K(5) below, at the ratio of four trees credited for each heritage tree retained.

With the exception of selective removal of hazardous or invasive vegetation, no rare species site shall be regraded, filled, built upon, or otherwise altered or disturbed.

A buffer area with a minimum dimension of 25 feet shall be provided around the entire perimeter of any rare species site within which no land disturbance shall be permitted.

To the minimum extent necessary to avoid disturbance to rare species site(s) or to provide for required buffer(s), while providing for lawful use, modification to otherwise applicable area and bulk requirements may be approved in the following situations:

With the exception of those uses or activities listed below, and where not otherwise regulated more restrictively under the provisions of this chapter, no more than 10% of any exceptional natural area, where not otherwise classified as woodland, shall be regraded, filled, built upon, or otherwise altered or disturbed:

Exceptional natural areas which are classified as forest interior habitat or woodland shall be regulated as provided in § 250-87K, without further limitation under this subsection.

Disturbance limitations for woodlands and hedgerows. Notwithstanding the provisions of this section, timber harvesting shall be permitted where undertaken in compliance with the provisions set forth in § 250-87L. Except for approved timber harvesting pursuant to § 250-87L, all woodland disturbance shall be subject to the following total disturbance limitations unless modified subject to § 250-87M(3) below, and where replacement plantings are provided subject to § 250-87K(4):

In determining where necessary woodland disturbance shall occur in the context of any subdivision or land development or building or zoning permit application, the applicant shall consider the following:

In areas of permitted woodland disturbance and areas adjacent to permitted woodland disturbance, remaining trees shall be protected from damage. The following procedures shall be utilized during construction in order to protect remaining trees:

Woodland replacement. Where subject to modifications to these provisions pursuant to § 250-87M(3), woodland disturbance is permitted in excess of the limitations established in § 250-87K(1)(a) and (b) above. Replacement plantings shall be installed in accordance with the standards set forth below. A sample list of acceptable replacement plantings is found in § 250-87N.

The purpose of these regulations are as follows:

Applicability. Forestry, including timber harvesting as defined in this chapter, shall be a permitted use by right in all zoning districts. Timber harvesting shall be conducted in accordance with the requirements of this § 250-87L.

Regulations.

Timber harvesting permitted within that portion of the forested riparian buffer beyond the first 50 feet shall comply with the provisions of § 250-87F of this chapter.

Plan information and delineation of natural resources. To ensure compliance with the natural resource conservation standards of this section, the following information shall be submitted by the applicant when applying for a zoning or building permit, conditional use or special exception approval, zoning variance, or subdivision and land development approval where land disturbance is contemplated. In those cases where only a limited amount of the site will be subject to disturbance, the Board of Supervisors may allow a smaller area of land to be shown on the plan, based upon a review and recommendation from either the Zoning Officer or the Township Engineer, where the information submitted will adequately demonstrate compliance with the natural resource conservation standards of this section. Where less than the entire site is to be shown on the plan, the application shall be accompanied by a written explanation from the applicant as to why it is not necessary to include the entire site with the plan information.

Continued protection of identified natural resources. To ensure the continued protection of identified natural resources, the following requirements shall apply:

Modifications to natural resource conservation standards.

Agricultural exception to natural resource conservation standards. Disturbance or removal of woodland, hedgerow, or oldfield vegetation may be excepted from the definitions of "land disturbance" and "woodland disturbance," and from otherwise applicable regulation, for purposes of expanding or continuing agricultural use on an existing agricultural property or on adjacent property into which an existing agricultural operation may be expanded, only in compliance with the following:

For all dwelling types, a minimum of two parking spaces shall be provided on each lot, at least one of which shall be within a structure. Where lot widths permit, driveways shall be so constructed as to permit vehicles to turn around on the lot, so as to eliminate the necessity of backing either on or off the lot. Each parking space shall be at least 9 1/2 feet by 18 feet in size. Parking spaces shall have an approved all-weather surface and shall have a safe and convenient access in all seasons.

In a residential subdivision, excluding townhouses and apartments, where lot frontages along the street are less than 200 feet or the road width is less than 24 feet, a third on-lot space shall be provided in the garage or driveway, or in an alternative off-street location approved by the Township. The applicant is encouraged to consider designs such as those appended to this chapter, including "boulevard parking" and "cul-de-sac" parking.

For townhouses and apartments, 2 1/2 parking spaces per unit shall be provided on the lot or in congregate parking areas. One additional space shall be provided for each unit with 2,400 square feet of floor area.

No recreational vehicles, boats, trailers, heavy trucks or similar vehicles shall be parked within the street right-of-way except for local deliveries, or parked or stored on a residential property of three acres or less, unless they are screened from view by an enclosed structure. On residential properties of less than three acres, parking or storage of vehicles over two tons (load weight) shall be prohibited under any circumstances.

A dwelling that is used for a short-term rental unit must have a minimum of one parking space per bedroom.

Standards.

Space requirements. There shall be sufficient parking places provided for each use so that there is a minimum of one place for each employee on the shift of greatest employment, plus additional parking places to be provided by the application of the appropriate formula listed below for each use:

Area of loading berths or spaces. A required off-street loading berth or space shall be at least 12 feet in width and at least 65 feet in length, exclusive of aisle and maneuver space, and shall have a vertical clearance of at least 14 feet.

Access to loading area. Each required off-street loading space or berth shall be afforded appropriate means of vehicular access to a street, highway, or alley in a manner which will least interfere with traffic movement.

Surfacing. All open off-street loading areas shall be improved with a compacted select gravel base and surfaced with an all-weather dustless material, suitably designed for the intended use to a standard approved by the Township Engineer. In general, the standards of residential and collector streets shall be used depending on projected weight limits of vehicles servicing the facility.

Screening. All loading berths or spaces and truck circulation areas which abut a residential district shall be set back at least 100 feet therefrom unless they are completely screened therefrom by building walls, or a solid fence, wall, earth berm and landscaping, or any combination thereof, not less than six feet in height; in no case shall be at least 75 feet from residential property lines and screened from view from such areas and from public roads.[2]

Number of spaces. Buildings with commercial, industrial, or storage uses which exceed 6,000 square feet of gross leasable area shall be provided with a minimum of one off-street loading space.

Location. Loading and unloading areas including those for solid wastes shall not be located between the building setback line and the street line, or within any required parking spaces, access drives, or pedestrian ways.

A home occupation shall be conducted within a single-family dwelling which is the bona fide residence of the principal practitioner of the home occupation or in an accessory building thereto which is normally associated with a residential use. The home occupation shall be carried on wholly indoors. There shall be no more than one home occupation in a dwelling or accessory building.

The area used for the conduct of a home occupation, whether conducted all or partly in an accessory structure, shall occupy no more than 25% of the total floor area of the principal dwelling unit and no more than 1,000 square feet total, whichever is less.

There shall be no exterior display, sale or storage of materials, products, equipment or refuse related to the conduct of the home occupation.

There shall be no discharge of potentially dangerous effluent or fumes.

There shall be no production or storage of any material designed for use as an explosive or any other hazardous material or chemical, excluding such quantity of materials as might normally be used on a property of a homeowner not engaged in a home occupation.

No equipment or process shall be used in the conduct of the home occupation which creates noise, vibration, glare, smoke, fumes, odors, dust, electrical interference, or other objectionable effects perceptible at or beyond the lot boundaries.

All home occupations shall demonstrate that there are adequate sewage facilities to handle anticipated sewage flows from the proposed use.

The Zoning Officer shall issue a permit if the standards and conditions of this chapter are met. If the home occupation shall cease to be conducted in compliance with these standards and conditions, the Zoning Officer may revoke the permit and seek enforcement remedies as provided in Article XIV.

There shall be no signs, advertising or otherwise, or other indicia showing evidence of the existence or conduct of a minor home occupation.

No additional off-street parking area shall be provided to facilitate the conduct of the home occupation other than the off-street parking required or permitted for the particular residential use, nor shall the home occupation generate vehicular traffic such that there is a need for such additional parking.

No retail sales shall be permitted on the premises.

No more than two persons who are not residents of the dwelling may be employed by the principal practitioner of the major home occupation. The principal practitioner of the major home occupation must be the owner or tenant or the spouse of the owner or tenant, or offspring of the owner or tenant, and a resident of the property on which the occupation is practiced.

There shall be no more than one sign, nonilluminated, and no larger than four square feet in aggregate area, identifying the name and occupation of the home occupation. The area of any sign on a vehicle or structure which is regularly visible from the street shall be included in calculating compliance.

In addition to the off-street parking spaces required for the residential use of the property, one off-street parking space shall be provided for each employee, plus one additional off-street parking space for each 400 square feet of space in the dwelling or accessory structure occupied by the home occupation; provided, however, that a total of no more than six off-street parking spaces shall be permitted on one lot. Off-street parking spaces are not permitted in front yards. Two off-street parking spaces may be of concrete or asphalt. Any parking spaces in addition to the two spaces of concrete or asphalt must be porous, concrete or lattice block pavers. All off-street parking spaces shall be located at least 50 feet from any property line.

No more than one business vehicle may be parked on the property on a regular basis. Any trucks, vans or business vehicles shall have loading capacities not exceeding two tons. The business vehicle shall be parked in an enclosed structure or in an area screened from view from neighboring properties and streets.

No major home occupation shall be permitted in a mobile home within a mobile home park.

A bed-and-breakfast facility shall be considered a major home occupation, and shall be subject to all applicable standards of this section regarding major home occupations.

A bed-and-breakfast facility shall be permitted only in single-family detached owner-occupied dwellings, or existing buildings accessory thereto on the same property. Only those buildings identified as surveyed historic resources within Pocopson Township shall be eligible for use as a bed-and-breakfast facility.

A lot size of not less than five acres shall be required for the operation of a bed-and-breakfast facility. The Board may consider a reduced lot size, but in no case less than one acre, where:

The principal use of the property shall remain that of a single-family dwelling.

No more than three guest rooms may be offered for bed-and-breakfast purposes on any individual residential property.

There shall be provided one full bathroom (one toilet, wash basin, bath and/or shower) for each two guest rooms.

Length of stay shall not exceed seven uninterrupted days for any guest.

Meals shall consist of breakfast only, and only for guests of the establishment. Owners shall comply with all federal, state and local requirements for the preparation, handling, and serving of food.

Any amenities (swimming pool, tennis court, etc.) shall be for the sole use of the resident owner and the bed-and-breakfast guests.

The owner shall maintain a current guest register.

Other than minimum lot size, area and bulk standards shall be those that apply to single-family detached dwellings within the applicable zoning district.

One off-street parking space shall be provided per guest room, which shall not be located in any required front yard area.

No signs shall be permitted in association with a bed-and-breakfast operation.

Each bed-and-breakfast facility shall be equipped, at minimum, with one smoke detector in each guest room and one fire extinguisher per floor or sleeping area. Guests shall be provided information regarding the floor plan of the dwelling and the location of the emergency exits.

Proof of annual fire inspection by a fire company or recognized fire safety organization shall be available at all times.

Location. A home-related business shall take place only on a lot containing a single-family detached dwelling and shall be conducted only within the dwelling unit or an accessory structure allowed as an accessory use in the zoning district in which the lot is located; except that a home-related business may be conducted from a multifamily dwelling unit, provided that there shall be no nonfamily workers or family workers that reside outside the dwelling unit and there shall be only two business vehicles permitted.

The area used for the conduct of a home-related business, whether conducted all or partly in an accessory structure, shall occupy no more than 25% of the total floor area of the principal dwelling unit and no more than 1,000 square feet total, whichever is less.

There shall be no exterior display, sale or storage of materials, products, equipment or refuse related to the conduct of the home-related business.

There shall be no discharge of potentially dangerous effluent or fumes.

There shall be no production or storage of any material designed for use as an explosive or any other hazardous material or chemical, excluding such quantity of materials as might normally be used on a property of a homeowner not engaged in a home-related business.

No equipment or process shall be used in the conduct of the home-related business which creates noise, vibration, glare, smoke, fumes, odors, dust, electrical interference, or other objectionable effects perceptible at or beyond the lot boundaries.

Nonfamily members, family members that reside outside the dwelling unit, or independent contractors working on the property, whether receiving remuneration or not, shall not exceed two persons. Persons assisting with the administration of the home-related business shall be considered workers regardless of whether they receive remuneration or not.

Sign. No sign shall be permitted on the property indicating the presence of a home-related business except signs on vehicles used for the home-related business as permitted in this § 250-89.1.

Parking. All employees of the home-related business shall park in the off-street parking spaces require by this section. In addition to the off-street parking spaces required for the residential use of the property, one off-street parking space shall be provided for each employee, plus one additional off-street parking space for each 400 square feet of space on the premises occupied by the home-related business; provided, however, that a total of no more than six off-street parking spaces shall be permitted on one lot. (Off-street parking spaces are not permitted in front yards.) Two off-street parking spaces may be of concrete or asphalt. Any parking spaces in addition to the two spaces of concrete or asphalt must be porous, concrete or lattice block pavers. All off-street parking spaces shall be located at least 50 feet from any property line.

Business vehicles. A maximum of two vehicles, bearing current and valid inspection and emissions stickers and currently licensed by the Pennsylvania Department of Motor Vehicles, which are used for a home-related business shall be permitted on the lot on which the home-related business is conducted, except in the case of a multifamily dwelling unit where only one such vehicle shall be permitted for a home-related business. No one vehicle or trailer capable of being attached to the vehicle shall exceed 10,000 pounds of gross vehicle weight.

Uses. Permitted home-related business uses include, but are not limited to, such uses as an electrician, plumber, carpenter and other skilled workman.

Customer/client visits. The home-related business use shall not involve any customer or client visits to the property, and there shall be no direct sales of products on or from the lot.

Number of uses. Only one home-related business shall be permitted on any one lot.

This section establishes reasonable regulations governing the keeping of animals in order to protect human and animal health, safety and welfare, prevent unsightly and erosion-prone land use conditions, prevent the contamination of groundwater and surface waters, and reduce the safety hazards of straying animals.

Pet animals and livestock shall be kept only in accordance with the standards set forth herein.

No pet animals of any kind shall be kept in any structure or enclosure or elsewhere on a property which will result in unhealthy or unsanitary conditions for humans or animals or cause excessive noise, objectionable odors, or pollution of groundwater or stormwater runoff to neighboring properties and surface waters.

All pet animals shall have appropriate and adequate facilities for food and water. Permanent shelter shall be provided for all pet animals not kept in the residence.

A fenced or otherwise enclosed outside area shall be provided which is capable of containing any pet animals that are permanently maintained outside on the property. Materials used for fencing shall be of sufficient sturdiness and properly designed, installed and maintained so as to prevent straying.

Exotic wildlife shall not be permitted in any district within the Township unless authorized by the Exotic Wildlife Possession Permits section of the Game and Wildlife Code, Act 93 of 1986,[1] or amendments thereto. In the event of such authorization, the permit holder shall comply with all requirements of the Pennsylvania Game Commission. The permit holder shall produce the permit upon request of the Township.

A private kennel shall only be located on at least three acres of land and shall be permitted by conditional use of the Board of Supervisors. Such kennels shall comply with the Pennsylvania Dog Law (3 P.S. §§ 459-101 through 459-1205), as amended. A building used for a private kennel shall be set back at least 100 feet from all property boundaries.

A commercial kennel shall only be located on at least 10 or more acres of land and shall be permitted by conditional use of the Board of Supervisors. Such kennels shall comply with the Pennsylvania Dog Law, as amended. A building used for a commercial kennel shall be set back at least 100 feet from all property boundaries.

In the event a homeowner's document, covenant, or other similar document is in place and applicable to a property, whichever contains the most restrictive standard, be it this ordinance or the document, shall prevail.

Pet canines, pet cats or other small pet animals of similar character may be kept up to a total not to exceed three animals of any combination. No more than one canine may be left outside the home or a soundproof building at night.

Adult pet canines, pet cats or other small pet animals of similar character and impact may be kept up to a total not to exceed six animals of any combination. No more than one canine may be left outside the home or a soundproof building at night.

A maximum of 20 fowl, rabbits, guinea pigs or the like may be kept on any parcel greater than two acres. For lot sizes of less than two acres, five fowl or 10 rabbits and the like may be kept. Any structure housing fowl shall be set back a minimum of 50 feet from any dwelling on an adjacent lot and a minimum of 25 feet from the property boundaries.

No adult pet canines in excess of those permitted by Subsection E(1) shall be permitted, except in kennels or in facilities maintained for the benefit of a member-supported foxhunting organization. Such kennels or other suitable shelter for six or more canines shall not be located within 500 feet of any adjoining property unless permitted by special exception of the Zoning Hearing Board. The Board shall ensure that soundproofing, waste treatment facilities, food preparation and storage facilities, and running water are provided, that the facility will be landscaped to prevent viewing from public roads or neighboring residences, and all other requirements for a special exception are met. No more than one canine may be left outside the home or a soundproof building at night.

A maximum of 30 fowl, rabbits, guinea pigs or the like may be kept on any parcel greater than 10 acres. Any structure housing fowl shall be set back a minimum of 50 feet from any dwelling on an adjacent lot and a minimum of 25 feet from the property boundaries.

Buildings or structures that house any livestock shall be constructed or placed at least 100 feet from any property line.

All permanent shelters for livestock shall be designed for ease of manure removal and handling.

A fenced or otherwise enclosed outside area shall be provided which is capable of containing the livestock and is of sufficient size and properly located for good sanitation practices. Materials used for fencing shall be of sufficient sturdiness and properly designed, installed and maintained so as to prevent straying.

The owner of any livestock shall provide proof of a written manure management plan or certified nutrient management plan, as applicable, that identifies any animal concentration areas and best management practices as required by the Department of Environmental Protection (DEP) and DEP's Manure Management Manual.

The owner of any livestock shall provide proof of a written agricultural erosion and sediment control plan, if required by DEP.

Manure storage shall be set back a minimum of 100 feet from the property line and shall be designed, constructed, maintained and operated in accordance with the applicable laws and regulations. Permits shall be secured from all governmental agencies having jurisdiction over this activity.

Livestock that are not kept in the course of a normal agricultural operation as such term is defined pursuant to the Pennsylvania Right to Farm Act, 3 P.S. § 951 et seq., shall not be kept on properties of less than one acre.

Accessory dwelling units shall be permitted only in the Residential and Agricultural District, and only upon the grant of conditional use approval from the Board of Supervisors, pursuant to § 250-70 of this chapter.

Accessory dwelling units may be established within a principal single-family detached dwelling or within a detached structure on a residential property, when in compliance with the terms of Subsections C and D below.

There shall not be more than one accessory dwelling unit on any lot occupied by a single-family dwelling.

One of the two dwelling units shall be occupied by the owner of the lot on which both dwelling units are located.

The lot on which the accessory dwelling unit is proposed must meet the minimum lot size requirement (calculated in net acres) for the underlying zoning district; lots of record which are nonconforming with respect to required minimum lot size requirement (calculated in net acres) shall not be eligible for conditional use approval for an accessory dwelling unit. In addition, the lot must comply with the minimum contiguous lot area requirements of § 250-86.

Except as otherwise required by Subsection D, below, the lot must be served by a septic tank with a minimum capacity of 1,000 gallons. The applicant must present documentation from the Chester County Health Department as to the size of the tank, as well as the adequacy of the drainage field and the absence of reported failures or problems. Where these conditions cannot be fulfilled, the Board may require the replacement of the existing system or the installation of an additional septic system to serve the proposed accessory dwelling unit.

Where the existing garage on a property is to be fully converted to an accessory dwelling unit, the applicant must demonstrate the availability of, and/or must construct, sufficient replacement parking facilities to comply with the requirements of Subsection B(10) below, prior to the issuance of a certificate of occupancy.

Water supply for the two dwelling units must meet all applicable standards of the Chester County Health Department and the Pennsylvania Department of Environmental Protection.

The driveway and parking area on the property must be in sufficiently good condition to serve both dwelling units. The Board may require an inspection by and report from the Township Engineer as to the quality of the existing surfaces, and may require resurfacing by the applicant as it deems necessary.

One off-street parking space shall be required for the accessory dwelling unit, in addition to those required for the principal dwelling. The additional parking space shall not be located within any required minimum area or setback area.

The accessory dwelling unit must be entirely within the principal dwelling or located within a garage or barn attached to the principal dwelling unit.

Such an accessory dwelling unit shall comprise not more than 600 square feet of gross floor area, and, absent unusual or compelling circumstances, the accessory dwelling unit shall not be occupied by more than one resident.

Any addition to the existing structure to accommodate an accessory dwelling unit shall be limited in its size to 10% of the net floor area of the existing principal dwelling. No other alteration to the exterior of the structure shall be permitted unless necessary for health and safety reasons.

No exterior changes shall be made which, in the judgment of the Board, are not in conformance with the existing character of the neighborhood. No special entrance shall be created in any facade which faces a street. The property shall contain not more than one exterior mailbox and shall be identified as one number address.

A property proposed to contain an accessory dwelling unit in a detached structure must have a minimum lot size of not less than three net acres.

The accessory dwelling unit may be located in an existing detached structure or in a structure proposed to be built for that purpose.

The gross and net floor area of the accessory dwelling unit shall not exceed 25% of the respective gross and net floor area of the principal residence on the property, or 600 square feet, whichever is greater. This limitation shall not apply to properties which meet the criteria of Subsection D(5)(b), below; on such properties, there shall be no limit on maximum size of the accessory dwelling unit.

Where the floor area of the accessory dwelling unit will exceed 600 square feet, or its location precludes the reasonable ability to utilize the existing septic system on the property, a separate septic system on the property, a separate septic tank and drainage field, shall be installed in accordance with all requirements of the Chester County Health Department.

For any property containing two times the minimum lot size for the RA District, and thus having the potential for further subdivision, the plan for the accessory dwelling unit also shall demonstrate whether the property is capable of subdivision, consistent with all requirements of this chapter and the Township Subdivision Land Development Ordinance, thereby creating a separate lot for each dwelling unit.

No separate driveway access to a street shall be created for the detached accessory dwelling unit. Access shall be shared with that which exists for the principal residence.

The accessory building or storage/utility structure shall be built out of materials (and painted or otherwise finished) as to be compatible with the dwelling unit on the same lot and the other dwelling units in the neighborhood. Exterior doors shall not permit any opening with a width of greater than seven feet.

An accessory building or storage/utility structure of this size may not be used for the storage and repair of licensable or licensed motor vehicles or for any commercial or home occupation purposes. The structure shall be used for the storage of household articles, yard and garden tools, and small equipment such as lawn mowers, chain saws, etc.

Swimming pools, tennis or basketball courts, or other active use facilities shall be set back from all side and rear property lines a minimum of 50 feet and 100 feet from roadways. Equestrian riding rings shall be set back twice the above minimums.

If the underlying zoning district or selected development option contains more-restrictive setback requirements, the applicant shall comply with the more-stringent requirements.

Accessory buildings or storage/utility structures shall be used for the purposes set forth above and in Subsections B and C below and those uses set forth in § 250-15A, B, and C, where permitted, and no other uses.

Building for pigeons, poultry, miniature equines, rabbits and other small, quiet animals with inoffensive smells or habits shall be set back a minimum of 100 feet from a street right-of-way line and a distance from side and rear property lines equal to the height of the building at its highest point or 10 feet, whichever is greater.

Buildings for bovines, ovines, equines and other pack animals must be set back a minimum of 150 feet from a street right-of-way or any residential structure on adjacent properties and no less than 100 feet from any side or rear property line.

Setbacks for swine and large animal confinement buildings shall be 200 feet from any residential buildings on adjacent properties.

Section 250-92, Keeping of animals, sets forth further standards for animal structures. If the underlying zoning district or selected development option contains more-restrictive setback requirements, the applicant shall comply with the-more stringent requirements.

The following regulations shall apply to all fences and walls in all districts:

The following regulations shall apply to all fences and walls in the residential and agricultural district:

The following regulations shall apply to fence and wall installation and maintenance in all districts:

The following regulations shall apply to boundary fences and walls in all districts:

The following regulations shall apply to privacy and residential swimming pool fences in all districts:

The following regulations shall apply to temporary fences in all districts:

The following regulations shall apply to deer and plant protection fencing in the residential and agricultural district:

The following regulations shall apply to retaining walls in all districts:

Permits.

All existing fences and walls which do not conform to the requirements of this section shall be nonconforming and shall be made to conform as follows:

Illuminance at property lines. Illuminance at any point of a property's perimeter shall be no more than 0.5 footcandle when measured with a calibrated, stable reading photometer, regardless of the attitude or angle of the meter to the light source.

Point sources of light. In addition to the above requirement, all lamps equipped with diffusing translucencies and rated at more than 1,750 lumens average (a G.E. "soft white" one-hundred-watt lightbulb is rated at 1710 lumens) and measuring greater than 8.0 footcandles when measured with a calibrated, stable reading photometer at a distance of five feet from the light source(s), regardless of the attitude or angle of the meter to the light source(s) shall be shielded so that the light source(s) are not directly visible beyond the perimeter of the lot. All lamps not equipped with diffusing translucencies and rated at more than 1,200 lumens average (a G.E. "crystal clear" seventy-five-watt lightbulb is rated at 1,190 lumens average) and measuring greater than 4.0 footcandles when measured with a calibrated, stable reading photometer at a distance of five feet from the light source(s) shall be shielded so that the light source(s) are not directly visible beyond the perimeter of the lot.

Broad areas of illumination. In addition to the above requirements, illuminated areas visible beyond the perimeter of a lot shall not be illuminated so that the reflected light is in excess of an average of 1.0 footcandle and may not exceed 5.0 footcandles at any point when measured at a distance of one foot from the surface with a calibrated, stable reading photometer regardless of the attitude or angle of the meter to the lighted surface. Illuminated areas not visible beyond the perimeter of a lot shall not be illuminated so that the reflected light is in excess of an average of 2.0 footcandles and may not exceed 10.0 footcandles at any point when measured at a distance of one foot from the surface with a calibrated, stable reading photometer regardless of the attitude or angle of the meter to the lighted surface.

Beam projectors. In addition to the requirements in Subsection B(1) and (3) above, types of lamps or luminaires that produce light in near parallel rays, including but not limited to spot and flood lamps, shall be directed generally downwards so that the center of the beam of light is no more than 30° from vertical and so that the beam angle will fall completely within the perimeter of the property.

No exterior lighting fixture shall have any blinking, flashing, or fluttering light or other illuminating device which has changing light intensity, brightness, or color. No beacon light shall be permitted.

Neither direct nor reflected light from any exterior lighting fixture shall create a disabling glare that would be a potential traffic hazard for motor vehicle operators on public roads.

The Township may allow lighting in excess of this section, including but not limited to low-level specialized lighting of buildings, accent lighting, security lighting, or lighting of recreational areas within a property, only if it can be demonstrated that the lighting design will restrict lighting pollution, overhead sky glow, and lighting trespass onto adjacent properties and roads.

A lighting plan must be developed to demonstrate compliance with this chapter.

The purpose of this section is to regulate the placement, construction and modification of wireless communications facilities, in order to protect the health, safety and welfare of the public, while not unreasonably interfering with the development of the competitive wireless telecommunications marketplace in Pocopson Township (hereinafter the "Municipality"). The purpose of this section may be achieved through adherence to the following objectives:

In furtherance of these objectives, the Municipality shall give due consideration to the zoning code, existing land uses, and environmentally sensitive areas when approving sites for the location of communication towers and antennas.

These objectives were developed to protect the public health, safety and welfare, to protect property values, and to minimize visual impact, while furthering the development of enhanced telecommunications services in the Municipality. These objectives were designed to comply with the Federal Telecommunications Act of 1996 and the Pennsylvania Wireless Broadband Collocation Act. The provisions of this section are not intended to and shall not be interpreted to prohibit or to have the effect of prohibiting personal wireless services. This section shall not be applied in such a manner as to unreasonably discriminate between providers of functionally equivalent personal wireless services.

In reviewing any application to place, construct or modify wireless communications facilities, the Municipality shall act within a reasonable period of time after an application for a permit is duly filed, taking into account the nature and scope of the application. Any decision to deny an application shall be in writing, supported by substantial evidence contained in a written record. The Municipality shall approve, approve with conditions, or deny the application in accordance with this title, this section, and other applicable ordinances and regulations.

This Municipality encourages wireless communication services providers to use existing sites or more frequent, less noticeable sites instead of attempting to provide coverage through use of taller towers. To that end, applicants shall consider the following priority of preferred locations for wireless communications facilities:

Co-location shall be encouraged for all wireless communication facilities' applications and is implemented through less complex permit procedures.

The following wireless communications facilities are prohibited in the Municipality:

General requirements applicable to all tower-based wireless communications facilities.

Specific requirements applicable to tower-based wireless communications facilities located outside of the rights-of-way.

Specific requirements applicable to tower-based wireless communications facilities located within the rights-of-way.

Provisions applicable to all structure-mounted wireless communications facilities.

Specific requirements applicable to structure-mounted wireless communications facilities that do not substantially change the physical dimensions of the wireless support structure to which they are attached.

Specific requirements applicable to structure-mounted wireless communications facilities that do substantially change the wireless support structure to which they are attached.

Requirements applicable to structure-mounted wireless communications facilities located outside the rights-of-way that substantially change the wireless support structure to which they are attached.

Additional requirements applicable to all structure-mounted wireless communications facilities located in the rights-of-way.

Pocopson Township seeks to provide opportunities for alternative and emerging energy facilities, while regulating the use of potentially intrusive facilities, equipment and machinery.

The purpose of this section of the Zoning Chapter is to establish provisions for the design, permitting, construction and operation of alternative and emerging energy facilities within the Township, subject to reasonable conditions that will protect the public health, safety and/or general welfare of the community.

This section shall apply to all alternative and emerging energy facilities that are proposed to be constructed after the effective date of this section.

Alternative and/or emerging energy facilities constructed prior to the effective date of this section shall not be required to meet the requirements specified under this section unless otherwise specified, but shall be required to register with the Zoning Officer. Any physical modification, alternation, construction or reconstruction to an existing alternative or emerging energy facility that alters the size, type and/or generating capacities of the facilities shall require a permit and shall be brought into compliance with the applicable provisions specified under this section.

Alternative and/or emerging energy facilities shall be permitted within all zoning districts as an accessory use by right, except as otherwise specified in this section.

Alternative and/or emerging energy facilities shall be utilized by the principal use of the lot on which it is located. Surplus energy may be exchanged, transferred and/or sold to a public utility company, provided that such surplus energy is exchanged, transferred and/or sold in accordance with the provisions established by the Public Utility Commission and Public Utility Code.

Alternative and/or emerging energy facilities shall not generate energy in excess of 200% of the normal peak on-site energy demand of the principal and accessory uses of the property.

The following provisions shall apply to wind turbines or wind energy facilities:

The following provisions shall specifically apply to solar energy systems:

The following provisions shall specifically apply to geothermal energy systems:

The following provisions shall specifically apply to wood-fired boilers:

The following provisions shall specifically apply to manure digesters:

The following provisions shall specifically apply to emerging energy facilities not otherwise described in this section of the Township Code:

The following provisions shall apply to noise, shadow flickering and/or interference involving alternative and/or emerging energy facilities:

No alternative or emerging energy facility shall be located, modified or constructed within the Township unless a permit has been issued to the landowner in accordance with the provisions of this section.

The permit application and special exception and/or conditional use application shall demonstrate that the alternative or emerging energy facility will comply with the provisions contained under this section and such other sections of the Township Code, as may be applicable. The following specific items shall be provided by the applicant:

All applicants for an alternative and emerging energy facility permit shall pay all fees for application and inspection as established by resolution of the Board of Supervisors.

The design of the alternative or emerging energy facility shall conform to applicable industry standards, including those of the American National Standards Institute, the Uniform Construction Code, and/or other pertinent codes adopted by Pocopson Township. In the event of a conflict between the provisions of this section and the Township Building Code, the more stringent requirements shall apply.

Aboveground alternative and emerging energy facilities shall be clear-coated, transparent, and/or be designed with a nonobtrusive color such as white, off-white, gray or black. All such facilities shall not be artificially lighted, except to the extent required by the Federal Aviation Administration or other applicable authority that regulates air safety.

Aboveground alternative and emerging facilities shall not display advertising, except for reasonable identification of the manufacturer.

All exterior electrical and/or plumbing lines serving the alternative and/or emerging energy facility shall be underground and be placed in conduit.

Clearly visible warning signs concerning voltage must be placed at the base of all aboveground transformers and substations. Visible, reflective, colored objects, such as flags, reflectors, or tape shall be placed on the anchor points of guy wires and along the guy wires up to a height of 10 feet from the ground.

Aboveground alternative and emerging energy facilities shall not be combined with other support towers or accessory structural components that are devoted to or utilized by public or private utilities.

The alternative or emerging energy system shall be presumed to be at the end of its useful life if no energy is generated for a continuous period of 12 months.

The landowner shall, at the landowner's expense, complete decommissioning of the alternative or emerging energy facility including removal of the alternative or emerging energy facility components, cleaning the site and restoring, grading and re-seeding disturbed earth within six months after the end of its useful life.

An independent and certified professional engineer may be retained by the Township to inspect the decommissioning of the alternative and emerging facilities. All such inspection fees shall be paid by the landowner.

If the landowner fails to complete decommissioning during the prescribed period of six months, the Township may, but shall have not have the duty, to enter onto the premises to take such measures as necessary to complete decommissioning in accordance with the Township Code and the laws of the Commonwealth of Pennsylvania. Such entry and decommissioning shall not constitute a taking. The Township may charge and assess the costs thereof to each owner of the property and to enforce said charges and assessment by a lien upon the property. Such charge and/or lien may include all decommissioning and other costs incurred by the Township including costs in connection with the enforcement or attempted enforcement, reasonable attorneys' fees and court costs incurred in connection with any legal or equitable proceeding brought to enforce this section. The Township reserves all the right to pursue all remedies available at law or in equity. All permits issued under this section for alternative and/or emerging energy systems shall require the permit holder to acknowledge this subsection.

Except for individual lots existing at the time of adoption of this section and occupied or intended to be occupied by single-family or two-family dwellings, the provisions of § 190-35 of the Pocopson Subdivision and Land Development Ordinance shall apply to all uses and to any change in use in Pocopson Township, such standards incorporated herein by this reference.

Where any use or activity requires approval of any building or zoning permit, zoning variance, special exception or conditional use, such approval or permit shall be conditioned upon compliance with the provisions of said § 190-35, including submission of a landscaping plan as set forth in § 190-35B. Plans accompanying conditional use application may be conceptual in nature but shall demonstrate the ability to achieve the objectives of § 190-35.

It is the intention of this section that the provisions of said § 190-35 shall apply independently under this chapter only where the Subdivision and Land Development Ordinance does not otherwise apply to the proposed use or activity. Therefore, where any use, activity, permit or approval is also subject to subdivision or land development review, there shall be no requirement for additional review under this chapter. Further, where and to the extent that modification(s) of any of the provisions of said § 190-35 has/have been approved by the Board of Supervisors in connection with any subdivision or land development review, the said requirements shall not be independently enforced pursuant to this chapter.

For any use or activity subject to subdivision or land development review, modification(s) to the provisions of § 190-35 of the Pocopson Subdivision and Land Development Ordinance may be requested, which modification(s) may be granted at the discretion of the Board of Supervisors pursuant to the provisions of that ordinance.

For any use or activity not subject to subdivision or land development review, but where the use or activity is subject to application for approval of a conditional use, special exception, or zoning variance, modification(s) to the provisions of said § 190-35 may be requested as part of such application.

For any use or activity not otherwise subject to permit or approval as provided in Subsection B(1) or (2) above, modification(s) to the provisions of said § 190-35 may be requested in the form of an application for grant of a special exception by the Zoning Hearing Board. Such applications shall be submitted to the Township Planning Commission for review and comment prior to formal special exception application to the Zoning Hearing Board.

In approving any application pursuant to Subsection B(2) or (3) above, the Zoning Hearing Board or Board of Supervisors, as applicable, as a condition of approval of such application, may permit specific modification(s) to the provisions of said § 190-35 subject to the following:

Conventional development.

Cluster development.

Township priorities for restricted open space use (in order of priority):

Consideration shall be given to the arrangement and location of open spaces in order to take advantage of physical characteristics of the site and to place open spaces within easy access and view of dwelling units. In general, large blocks of contiguous lands containing undisturbed woodlands and natural areas, agricultural lands, and recreational areas are recommended. Physical interconnection(s) with other such open space areas off site also is recommended. Designation of open space is further encouraged in areas which will afford buffering of important on- or off-site natural or recreational areas. A minimum of 50% of the land(s) intended to meet the minimum open space requirement in any development shall consist of contiguous blocks of open space land with a minimum width of 150 feet and minimum length of 400 feet. The remaining 50% shall be comprised of areas not less than 1/4 acre of contiguous area and not less than 75 feet in width, except where a narrower area of linear open space serves as a connecting access strip, protects a woodland or other important natural feature located between larger open space parcels, or includes a portion of a trail system or pathway network.

Areas identified within § 250-17B, Conservation of site features, as unique features shall to the maximum feasible extent be incorporated into the design for common open space areas.

Areas set aside for open space shall be of sufficient size and character to support the use(s) designated. Any open space areas shall contain only those structures relating to the purposes of the open space or to wastewater, stormwater or water supply facilities permitted by this chapter in the open space. Areas that will be spray irrigated as well as half of the land devoted to buildings and curvilinear-shaped treatment and storage ponds may be counted in open space calculations. All land used for community septic or drip irrigation fields (where and if permitted by the Township) or any other sewage facilities, all land within a minimum three-hundred-foot-diameter circle around telephone transmission towers, one acre of land around and under any water towers, all land under or within 50 feet of transformer stations and land under or within 25 feet of telephone or electronic switching structures shall be excluded from calculation of minimum required open space.

Active recreational use areas shall be located where noise, light, and other attributes of the proposed use will not adversely affect the residents of the development or abutting properties. The Board of Supervisors shall approve the location and design of such areas and may impose limitations on hours of use.

The design standards contained within this chapter shall be used where applicable for the control of access, parking, and landscaping associated with uses permitted within an open space area.

Any open space land offered for dedication to the Township shall be accessible to Township residents and maintenance vehicles from a public road or across a minimum twenty-foot-wide, easily traversed right-of-way from a public road.

The Township may require that, to the greatest extent practicable, all contiguous woodlands, greenways, riparian areas, and any Township-identified natural areas of importance be in common or single ownership.

Conventional developments with lots of less than five acres without the common recreational facilities of the type indicated in Subsection E(2)(a) through (e) below or alternatives approved by the Board of Supervisors shall contribute funds to the Township Recreation Fund to provide the facilities noted in Subsection E(2) below according to the pro-rata formula noted. All lots over six acres in size contribute 1/2 of the per-lot amount.

Every development shall either provide on-site or contribute pro rata to off-site purchase of land and the cost of development of the following recreational facilities (except where comparably priced alternative facilities are approved by the Board of Supervisors):

Township Recreation Fund contributions shall be based on the Township's cost of purchasing and developing land suitable for active recreation (using current fair market value of such land and related acquisition expenses) as well as the current costs of constructing the facilities, parking, and other improvements. Pro-rata contributions per unit shall be based on 1/50 of all of these costs which would be incurred in meeting this Subsection E except that the costs of a regulation-sized soccer or baseball field would be used in place of the practice fields.

Open space areas shall be used for the following purposes:

Improvements permitted within common or restricted open space areas and for which full open space area and open space credit will be counted for the land involved.

Ownership and protection of open space. At the time of preliminary plan or conditional use plan submission, the developer and landowner (if retaining an interest in the land) shall prepare and present to the Township documents identifying the proposed ownership of common facilities and required open space areas and the methods for ensuring their perpetual protection including:

Required grant of conservation easements:

Management. The developer and landowner of every proposed development shall prepare and present, at the time of application of conditional use approval or preliminary plan approval, as applicable, a conceptual plan for the management of any common open space, required recreational facilities and trails, and community wastewater, water supplies, and stormwater facilities. At a minimum the open space portion of the plan shall provide:

Final open space management plan. With the final plan submission, the developer and landowners shall present a final Open Space Management Plan for the development including, in final form, all of the narrative information required under Subsection G(3) above and graphically showing all open spaces and recreational facilities, trails and linkages to sidewalks (if such are required), with notations on the plan, and included in the written narrative, description as to who will own and maintain the various open spaces, and who will own and maintain the public trails and private trails. Conservation easements and any additional private deed restrictions proposed to be placed on restricted open space shall be provided. After approval of the final plan, both graphic and narrative information shall be provided to the Township in electronic format on a computer disk as directed by the Township.

Enforcement of open space management plan. In the event that the organization established to own and maintain the open space or other common facilities, or any successor organization, shall, at any time after development of the property, fail to maintain the common open space or facilities in reasonable order and condition in accordance with the Open Space Management Plan, the Board of Supervisors may serve written notice upon such organization or upon the residents and owners of the development. That notice shall set forth the manner in which the organization has failed to maintain the common open space or other common facilities in reasonable condition and said notice shall include a demand that such deficiencies of maintenance be cured within 30 days thereof, and shall state the date and place of the hearing thereon which shall be held within 14 days of the notice. At such hearing, the Board of Supervisors may modify the terms of the original notice as to the deficiencies and may give an extension of time within which they shall be corrected. If the deficiencies contained in the original notice or modifications thereto are not corrected within 30 days or any extension thereof, the Township, in order to preserve the taxable values of the properties within the development, to prevent the common open space from becoming a public nuisance, or to otherwise enforce the provisions of the homeowners' documents, conservation easements, and restrictive covenants, may enter upon the common open space and operate and maintain the same for a period of one year. Said operation and maintenance by the Township shall not constitute a taking of said common open space nor shall it vest in the public any rights to use the same if not previously provided. Before the expiration of said year, the Township shall, upon its initiative or upon the request of the organization theretofore responsible for the maintenance of the common open space, hold a public hearing upon notice to such organization, or to the residents of the development, at which hearing such organization or the residents of the cluster development shall show cause why such maintenance by the Township shall not, at the sole option of the Board of Supervisors, continue for a succeeding year. If the Board of Supervisors shall determine such organization is ready and able to maintain said common open space in reasonable condition as otherwise required by the homeowners' documents, conservation easements, and restrictive covenants, the Township may, in its sole discretion, continue to maintain said common open space during the next succeeding year, and, subject to appeal to the Court of Common Pleas in the same manner and within the same time limitations as is provided for zoning appeals.

Taxation. The developer and landowner of every development including common open space shall arrange with the County Board of Assessment a method of assessment of the common open space that will allocate to each tax parcel in the development a proportionate share of the total assessment for such open space. The Board of Supervisors shall approve the method of allocation.

Fees in lieu of open space acquisition and open space improvements.

On-site open space and improvements.

Bylaws describing the formation and the duties of the homeowners' association including the responsibilities for maintenance of the common open areas and common facilities and the right of the homeowners' association to lien individual properties for failure to pay such maintenance fees as may be established by the homeowners' association.

Mandatory membership by all property owners of the development and their successors and assigns with all membership and voting rights defined. There shall be one class of members to which all homeowners shall belong and for which assessments shall be established for the management, maintenance and insurance of all common facilities and open space. As noted in Subsection A above, if certain residential property owners will be dependent on homeowners' association maintenance of dwellings and yards, a separate and additional class of homeowners' association members may be created for the maintenance and management of exteriors of dwelling and their yard areas and design approval of alterations to such. The members of such class shall bear sole responsibility for management and maintenance of the buildings and yard areas and shall be separately assessed the costs thereof.

The homeowners' association shall be organized by the developer and operating with financial subsidy by the developer, before the sale of any lots within the development. Once established, the homeowners' association's bylaws or articles of incorporation shall not be altered or amended without prior legal notice to the homeowners and approval by the Township Board of Supervisors upon consideration of the recommendation(s) of a majority of the homeowners in residence. Such approval shall not be withheld, provided any alteration or amendment will not unreasonably alter the rights and responsibilities of the homeowner members or conflict with the provisions of this chapter.

The conditions and timing of transfer of control of the homeowners' association from the developer to the homeowners shall be identified. Prior to transfer, the developer shall provide semiannual estimates and annual audited cost statements to the homeowners for all costs that will be apportioned between the developer and the homeowners and a statement of the balance and contributions made to the trust account [see Subsection B(5) below]. In general, costs of maintaining community open spaces and snowplowing of streets shall be apportioned equally to the owners of each lot (including all developed and undeveloped lots) and on an actual usage basis wherever possible in the case of water, wastewater, and other such services. Maintenance costs of stormwater facilities (other than individual property recharge or storage facilities) and other facilities directly related to the property's development shall remain the developer's exclusive responsibility until dedicated or approved by the Township Board of Supervisors for transfer to the homeowners' association.

As noted above, all members of the homeowners' association (including the developer) shall share equitably in the costs of maintaining the common lands and all shall share in improving the common lands and common facilities after the developer's obligations to install improvements have been fulfilled. Homeowners' association assessments shall provide for both annual operating costs and projected long-range costs relating to the repair and replacement of facilities and equipment. A trust account shall be established at the time of organization of the homeowners' association to serve as a repository for funds reserved for such long-range costs, and procedures shall be established to ensure that such funds cannot be withdrawn without the approval of the homeowners in accordance with the provisions of the homeowners' association bylaws.

Any sale or transfer of a lot or lots within the development shall provide a disclosure to the buyer at the time of signing the agreement of sale and on the deed informing the buyer of the homeowners' association's existence and providing copies of (at the signing of agreement) or reference to (in the deed) the articles of incorporation, recorded covenants and restrictions and the bylaws and rules and regulations. At the signing of the agreement, the buyer shall be provided a plan showing all land and facilities that will be owned and managed by the homeowners' association, information on how the land is to be managed and reference made to the conservation easement that restricts its use and management, and an estimate of the annual assessment for which the buyer will be responsible.

The documents and recorded deeds shall explicate the rights and duties of the Township and members of the homeowners' association in the event of a breach of the covenants and restrictions.

The documents and deeds shall contain a statement that grants to the Township powers with reference to the maintenance of the common open space and the common facilities and assessing the cost of the same as provided within the Pennsylvania Municipalities Planning Code.

A provision for leasing certain open space lands back to the original developer, his or her heirs or assigns, or to any qualified person or corporation for the operation and maintenance of open space lands, provided residents have access at all times, and the agreements and any transfer or assignment of the lease is approved by the homeowners' association and the Board of Supervisors. No lease shall extend beyond the time when the homeowners assume majority control of the homeowners' association unless provision is made for review at such time. Lease agreements shall be recorded with the Office of the Recorder of Deeds of Chester County and filed with the Township Secretary.

The developer and landowner of every development shall prepare and present, at the time of application for final approval by the Board of Supervisors, a plan for the management of all common open space and common facilities, which plan shall provide, at a minimum the open space management plan set forth in § 250-98G(3).

In regard to all community sewerage or water supply systems:

The maintenance and repair requirements for all stormwater management and recharge facilities (excluding storm sewers and inlets) shall be identified and annual cost projections developed. Schedules for biennial inspections of all facilities by the entity responsible for their management during and after rainfall events shall be established to ensure proper connections and operation and to determine the need for cleaning or repair of any tanks or connecting lines. The annualized costs of major repairs and replacements that will need to be placed in the homeowners' association's trust account shall be identified.

Maintenance of common open space and common facilities.