Thornbury Township Chester County
City Zoning Code
City Zoning Code
ARTICLE XVI
Supplemental Use Standards
§ 155-1600 Adult-oriented establishments.
A.
The following location standards shall be met:
(1)
Adult-oriented establishments shall be located a minimum of 1,000 feet from another existing adult commercial use.
(2)
Adult-oriented establishments shall be located a minimum of 500 feet from any residential dwelling, religious use, school, day-care facility, or public playground or park.
(3)
Distance from adult-oriented establishments shall be measured in a straight line from the nearest lot line of the subject property to the nearest point of the boundary line of any property containing a residential dwelling, or on which a religious institution, school, day-care facility, or public playground or park is located.
B.
Signs and visible messages based on the allowable sign area within the applicable zoning district shall be permitted as a conditional use, provided:
(1)
Sign messages shall be limited to written description of materials or services available on the premises.
(2)
Sign messages may not include any graphic or pictorial depiction of material or services available on the premises.
(3)
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 or off-premises.
C.
Hours of operation. Adult-oriented establishments shall not operate between the hours of 10:00 p.m. and 8:00 a.m.
D.
Adult-oriented establishments shall require application for a conditional use permit from the Board of Supervisors. Application for such a conditional use permit shall consist of:
E.
Abandonment. Should any adult-oriented establishments cease or discontinue operation for a period of 90 or more consecutive days, it shall not resume, nor may it be replaced by another adult-oriented establishment unless said use complies with all the requirements of this section and said use is re-approved by conditional use application.
F.
Nothing in this chapter shall be deemed to allow any uses that are "obscene," as that term has been interpreted from time to time by the courts of the United States or the Commonwealth of Pennsylvania.
G.
There shall be no alcoholic beverages in association with adult uses without proper commonwealth licensing and approval from the Pennsylvania Liquor Control Board.
§ 155-1601 Agriculture.
A.
General standards.
(1)
Unless the underlying property is designated as an Agricultural Security Area, agricultural uses, including tilling of the soil, keeping and selling of livestock and poultry and the products therefor, the planting, growing, storing and selling of plants and crops therefrom, are permitted provided that such uses shall be conducted on a lot not less than five acres in size. A lot that is less than five acres in size may be utilized for the above-mentioned agricultural uses if the subject property is in both in the same ownership as and adjoining to a contiguous property utilized for agricultural purposes.
(2)
No manure storage shall be established any closer than 100 feet from any property line, or 300 feet of the boundary of any property used and/or zoned for residential purposes.
(3)
Any farm building (other than a pigsty) shall be situated not less than 200 feet from any public road nor less than 30 feet from any side or rear boundary line of the farm or lot. No pigsty shall be located within 300 feet of any property line.
B.
Secondary farm business. The sale and display of agricultural products shall comply with the following standards:
(1)
The sale of agricultural products shall only be permitted as an accessory use incidental to the principal agricultural use. A minimum of 50% of all agricultural products for sale shall be grown and produced on land owned or leased by the owner of the property on which they are being offered for sale.
(2)
Parking regulations, as established in Article XVIII. Parking spaces shall be located outside the road right-of-way.
(4)
When the sale of agricultural products is conducted from a portable stand, the following conditions shall apply:
(5)
Permanent buildings may be used for the sale of agricultural products if they comply with all applicable setback requirements of the district in which they are located and the applicable requirements of this section.
§ 155-1602 Agritourism and agritainment.
A.
Agritourism and agritainment activities shall be incidental to agriculture uses and shall not become the primary use of the parcel. Activities conducted on an agricultural operation that are offered to the public or invited groups for the purpose of providing direct sales, educational, entertainment and/or recreation experiences shall be considered as agritourism.
B.
At least two weeks prior to their occurring, all agritourism and agritainment activities shall require submission of a permit application. A separate permit is required for each occurrence of agritourism and/or agritainment and the application shall address to the satisfaction of the Zoning Officer compliance with § 155-1602C through N.
C.
A site plan identifying the location of the agritourism or agritainment enterprise, all farm buildings, dwellings, existing and proposed driveways, access drives, parking areas and vehicle turn around areas, shall be provided.
D.
Setbacks.
(1)
Agritourism activities that involve patrons harvesting fruits, vegetables, Christmas trees, or other crops in their natural state are not required to be set back from property lines.
(2)
Agritourism and/or agritainment activities that occur in buildings shall be set back in accordance with applicable setbacks for accessory use buildings in the district.
E.
The agritourism or agritainment use(s) shall be operated by the owner of the property or a member of their immediate family (spouse, sibling, child, grandchild, parent, grandparent), or by an operator of the agricultural use, or by an occupant of the agriculture use upon which it is located.
F.
No areas of prime agricultural soil shall be occupied by an activity in a way that renders the land incapable of being converted to agricultural use.
H.
Minimum parcel size. Agritourism and agritainment are only permitted on agricultural lands with a minimum lot size of 10 acres.
I.
Lighting. Any proposed lighting for agritourism and agritainment activities shall be in conformance with § 155-1505.
J.
Outdoor storage. All exterior storage of items related to the agritourism use that are located within 100 feet of the lot line of a residential use shall be screened.
K.
Traffic. The Township may require the applicant to prepare a plan for controlling traffic and circulation. The Township may also require that the applicant provide qualified traffic-control personnel.
L.
Parking. In addition to all off-street parking spaces required in connection with the primary agriculture use, the property shall provide at least one off-street parking space for every two persons anticipated to be present in connection with agritourism or agritainment uses at that time in a calendar year when the number of such persons is greatest.
M.
Entrance paving. The Township may require a paved apron or a gravel scraping area at any or all entrances/exits to prevent tracking of mud or debris onto any public roadway.
N.
Temporary structures. Any structures that are temporary in nature and are used in conjunction with the agritourism activities shall be removed not later than 15 days after the last scheduled date of the activity or event. In the alternative of removing said structures, said structures may be relocated to a designated and screened storage area on another portion of the parcel. This provision shall not apply to utilities and fences.
O.
Proof of insurance. The applicant shall provide a copy of requisite liability insurance for the agritourism and/or agritainment activity proposed as part of the submitted application.
§ 155-1603 Bed-and-breakfast.
A.
Any historic residence, structure or resource, as shown on the Historic Resources Map, may incorporate a bed-and-breakfast, which shall be permitted as a conditional use when authorized by the Board of Supervisors in accordance with the standards and procedures set forth in § 155-2105, subject to the following:
(1)
No bed-and-breakfast shall be structurally altered, except as permitted by the conditional use approval.
(2)
A bed-and-breakfast shall be operated by the occupant/owner of the historic resource.
(3)
The number of guest rooms for transient accommodation shall not exceed three in any building having a habitable floor area of 3,000 square feet or less. One additional guest room may be made available for each 600 square feet of habitable floor area beyond the initial 3,000 square feet, up to a maximum total number of six guest rooms.
(4)
No guest may be registered for a continuous period in excess of 21 consecutive nights. The owner shall maintain a guest register and shall preserve registration records for a minimum of three years. The register and all records shall be made available for inspection by the Township Zoning Officer or Code Enforcement Officer at any time.
(5)
There shall be no separate kitchen or cooking facilities in any guest room.
(6)
One off-street parking space per bedroom and adequate off-street parking space for each nonresident employee shall be provided on the premises. Adequate screening of parking facilities shall be provided without destruction of the historic setting, historic outbuildings or significant trees.
(7)
A bed-and-breakfast shall be limited to one name identification sign, which shall not exceed eight square feet in area. The sign shall be discreet and appropriate to the setting, with low-level illumination (if any is proposed), the design of which shall be submitted with the application for approval. Temporary signs are prohibited, except for short-term duration based on extenuating circumstances, as determined by the Township Zoning Officer.
(8)
In addition to the criteria set forth under § 155-2105, the applicant for conditional use shall also submit the following information with the application:
(a)
Description of the plan of use, including extent of the building used for the bed-and-breakfast and demonstration that the use will not negatively impact on the integrity of the historic building.
(b)
Description of any changes to the historic building exterior and interior, described accurately enough to allow the Historic Preservation Commission to evaluate the proposal.
(c)
Description of any changes resulting from building code requirements.
(d)
A site plan drawing showing the provision of parking and screening.
(e)
A description and/or plan for the provision of lighting for the use and demonstration that glare will be minimized.
(f)
A drawing of any proposed sign.
(g)
A valid Chester County Health Department or Pennsylvania Department of Environmental Protection permit(s) indicating that the existing sewage system can accommodate maximum usage proposed by the bed-and-breakfast. If the proposed use is to be served by a public sewage system, the applicant shall submit documentation from the servicing authority that the proposed use will be adequately served.
(h)
A certification of on-site water potability from or acceptable to the Chester County Health Department, or of supply from an appropriate water company.
(9)
The Historic Preservation Commission shall review the conditional use application prior to the hearing on the application by the Zoning Hearing Board and shall forward its recommendation to the Zoning Hearing Board.
§ 155-1604 Cemetery.
A.
The minimum lot size for a cemetery shall be as specified in the applicable district.
B.
Individual plots shall be set back a minimum of 50 feet from all tract boundaries, public rights-of-way, and areas subject to Chapter 83 for floodplain management.
C.
No vault shall be located where, at its greatest depth below the ground surface, it may intrude upon the permanent or seasonal high-water table.
D.
Burial vaults shall be placed such that the minimum horizontal separation between vaults is no less than two feet in order to allow for infiltration of groundwater. This provision shall not apply to vaults within a mausoleum.
E.
Individual headstones greater than five feet in height and other aboveground permanent structures such as mausoleums shall require building permits prior to installation.
F.
Any cemetery proposed adjacent to a residential property, additional screening may be required as deemed appropriate by the Board of Supervisors.
G.
An application for a cemetery use shall include the following:
(1)
A master plan identifying the overall layout of plots, internal road network, buildings, stormwater management facilities, and other improvements.
(2)
A valid permit issued from the Pennsylvania Department of Health, when applicable.
(3)
A narrative of how the cemetery will be developed and maintained.
(4)
The applicant shall demonstrate that recharge of groundwater is not adversely impacted by the cemetery design.
(5)
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.
§ 155-1605 Clubs.
A.
Area and bulk standards. The area and bulk standards for the underlying zoning district shall apply for any club.
B.
Any proposed club shall only be governed as a nonprofit organization. The applicant shall provide the Township documentation of their 501(c) certification to confirm the club operator is a licensed nonprofit organization.
C.
The use of the club facility shall be for authorized members and guests only.
D.
Club uses shall not include lodging of overnight guests.
E.
Outdoor activity shall be setback a minimum of 100 feet from any residential use, district, or lot.
H.
There shall be no noise, as measured at the property line exceeding 50 decibels.
I.
When abutting a residential use or a property zoned for residential use, a buffer planting strip(s) shall be provided in accordance with § 155-1504C of this chapter. All buildings, parking and facilities for outdoor activities shall be so screened.
J.
When located within or adjoining a residential use or a property zoned for residential use, the hours of operation shall be established by the Board of Supervisors in conjunction with the conditional use approval.
§ 155-1606 Communication towers.
A.
Except for non-tower-based wireless communication facilities as regulated under § 155-1615, communication towers shall be constructed in compliance with the following specifications:
(1)
Standard of care. Any communication tower shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related codes, including, but not limited to, the most recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, National Electrical Code, as well as the accepted and responsible workmanlike industry practices of the National Association of Tower Erectors. Communication towers shall at all times be kept and maintained in good condition, order and repair by licensed and qualified personnel, so that the same shall not endanger the life of any person or any property in the Township.
(2)
Engineer inspection. Prior to the Township's issuance of a permit authorizing construction and erection of communications tower, a structural engineer registered in Pennsylvania shall issue to the Township a written certification of the proposed tower's ability to meet the structural standards offered by either the Electronic Industries Association or the Telecommunication Industry Association and certify the proper construction of the foundation and the erection of the structure.
(3)
Permit required for modifications. To the extent protected by or permissible under applicable state and federal law, any communication tower applicant proposing the modification of an existing tower, which increases the overall height of such tower, shall first obtain a building permit from the Township.
(4)
Wind. All communication tower structures shall be designed to withstand the effects of wind according to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association, and Telecommunications Industry Association (ANSI/EIA/TIA-222, as amended).
(5)
Height. The maximum total height of a communication tower shall not exceed 150 feet, as measured vertically from the ground level to the highest point on the structure, including antennas and subsequent alterations.
(6)
Related equipment. Either one single-story wireless communications equipment building not exceeding 500 square feet in area or up to five metal boxes placed on a concrete pad not exceeding 10 feet by 20 feet in area housing the receiving and transmitting equipment may be located on the site for each unrelated company sharing commercial communications antenna(s) space on the communication tower. Any such buildings or equipment shall comply with applicable area and bulk requirements in the zoning district where located.
(7)
Public safety communications. No communication tower shall interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.
(8)
Maintenance. The following maintenance requirements shall apply:
(a)
Communication tower shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair.
(b)
Such maintenance shall be performed to ensure the upkeep of the communication tower in order to promote the safety and security of the Township's residents, and utilize the best available technology for preventing failures and accidents.
(c)
Maintenance activities shall not take place without the issuance of required permits by the Zoning Officer.
(9)
Radio frequency emissions. A communication tower shall not, by itself or in conjunction with other towers, generate radio frequency emissions in excess of the standards and regulations of the FCC, including, but not limited to, the FCC Office of Engineering Technology Bulletin 65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended.
(10)
Historic buildings or districts. A communication tower shall not be located upon a property, and/or on a building or structure that is listed on either the National or Pennsylvania Registers of Historic Places, or eligible to be so listed, or is included in the Historic Resources Map maintained by the Township.
(11)
Signs. All communication towers shall post a sign in a readily visible location identifying the name and phone number of a party to contact in the event of an emergency at any time during a twenty-four-hour period. The only other signage permitted on the communication tower shall be those required by the FCC, or any other federal or state agency.
(12)
Lighting. No communication tower shall be artificially lighted, except as required by law. If lighting is required, the tower applicant shall provide a detailed plan for sufficient lighting, demonstrating as unobtrusive and inoffensive an effect upon Township residents as is permissible under state and federal regulations.
(13)
Noise. Communication towers shall be operated and maintained so as not to produce noise in excess of applicable noise standards under state law and the Township Code, except in emergency situations requiring the use of a backup generator, where such noise standards may be exceeded on a temporary basis only.
(14)
Aviation safety. Communication towers shall comply with all federal and state laws and regulations concerning aviation safety.
(15)
Sole use on a lot. A communication tower may be permitted as a sole use on a lot. The minimum distance between the base of a communication tower and any adjoining property line or street right-of-way line shall equal 110% of the proposed height of the communication tower. At the Board's sole discretion, the Board may allow a reduced setback if it is demonstrated to the reasonable satisfaction of the Board that in the event of failure the tower is designed to collapse upon itself within a setback area less than the required minimum setback without endangering such adjoining uses and their occupants.
(16)
Combined with another use. A communication tower may be permitted on a property with an existing use, or on a vacant parcel in combination with another use, subject to the following conditions:
(a)
The existing use on the property shall be any permitted use in the applicable district, and need not be affiliated with the tower.
(b)
Minimum setbacks. The minimum distance between the base of a communication tower and any adjoining property line or street right-of-way line shall equal 110% of the proposed height of the communication tower. At the Board's sole discretion, the Board may allow a reduced setback if it is demonstrated to the reasonable satisfaction of the Board that in the event of failure the tower is designed to collapse upon itself within a setback area less than the required minimum setback without endangering such adjoining uses and their occupants.
(17)
Design regulations.
(a)
The tower shall employ the most current stealth technology available in an effort to appropriately blend into the surrounding environment and minimize aesthetic impact and shall be subject to the approval of the Township.
(b)
Communication towers shall be greater than 35 feet in height in order to increase coverage, provide for increased co-location capabilities and result in less need for additional towers of such height in the Township.
(c)
Any proposed communication tower shall be designed structurally, electrically, and in all respects to accommodate both the tower applicant's antennas and comparable antennas for future users.
(d)
Any communication tower over 35 feet in height shall be equipped with an anti-climbing device, as approved by the manufacturer.
(e)
The tower applicant shall ensure that the existing vegetation, trees and shrubs located within proximity to the tower structure shall be preserved to the maximum extent possible.
(f)
The tower applicant shall submit a soil report to the Township complying with the standards of Appendix I: Geotechnical Investigations, ANSI/EIA-222, as amended, to document and verify the design specifications of the foundation of the communication tower, and anchors for guy wires, if used.
(g)
A security fence having a minimum height of 10 feet shall completely surround any communication tower greater than 35 feet in height, as well as any building housing tower equipment.
(h)
Landscaping shall be required to screen as much of a newly constructed communication tower as possible. The Board may permit any combination of existing vegetation, topography, walls, decorative fences or other features instead of landscaping, if, in the discretion of the Board, they achieve the same degree of screening.
(i)
Ground-mounted related equipment associated with, or connected to, a communication tower shall be placed underground or screened from public view using stealth technologies, as described above.
(j)
All related equipment, utility buildings and accessory structures shall be architecturally designed to blend into the environment in which they are situated and shall meet the minimum setback requirements of the underlying zoning district.
(k)
An appropriate access, turnaround space and at least one off-street parking space shall be provided to ensure adequate emergency and service access to the communication tower.
(l)
The Township reserves the right to inspect any communication tower to ensure compliance with this chapter and any other provisions found within the Township Code or state or federal law. The Township and/or its agents shall have the authority to enter the property upon which a tower is located at any time, upon reasonable notice to the operator, to ensure such compliance.
(18)
Nonconforming uses. Nonconforming communication towers which are hereafter damaged or destroyed due to any reason or cause may be repaired and restored at their former location, but must comply with the terms and conditions of this section applicable to the new improvements.
(19)
Removal. In the event that use of a communication tower is planned to be discontinued, the owner shall provide written notice to the Township of its intent to discontinue use and the date when the use shall be discontinued. Unused or abandoned communication towers or portions of these towers shall be removed as follows:
(a)
All unused or abandoned communication towers and accessory facilities shall be removed within 90 days of the cessation of operations at the site and the subject property restored to its original natural condition unless a time extension is approved by the Township.
(b)
If the communication tower and/or accessory facility is not removed within 90 days of the cessation of operations at a site, or within any longer period approved by the Township, the tower and accessory facilities and equipment may be removed by the Township and the cost of removal assessed against the owner of the communication tower or the property owner upon which the tower is located.
(c)
Any unused portions of communication towers, including antennas, shall be removed within 90 days of the time of cessation of operations. The Township must approve all replacements of portions of a communication tower previously removed.
(20)
Permit fees. The Township may assess appropriate and reasonable permit fees directly related to the Township's actual costs in reviewing and processing the application for approval of a communication tower, as well as related inspection, monitoring, and related costs.
(21)
FCC license. Each person that owns or operates a communication tower shall submit a copy of its current FCC license, including the name, address, and emergency telephone number for the operator of the facility.
(22)
Insurance. Each person that owns or operates a communication tower greater than 35 feet in height shall provide the Township with a certificate of insurance evidencing general liability coverage in the minimum amount of $5,000,000 per occurrence and property damage coverage in the minimum amount of $5,000,000 per occurrence covering the communication tower. Each person that owns or operates a communication tower 35 feet or less in height shall provide the Township with a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering each communication tower.
(23)
Indemnification. Each person that owns or operates a communication tower shall, at its sole cost and expense, indemnify, defend and hold harmless the Township, its elected and appointed officials, employees and agents, at all times against any and all claims for personal injury, including death, and property damage arising in whole or in part from, caused by or connected with any act or omission of the person, its officers, agents, employees or contractors arising out of, but not limited to, the construction, installation, operation, maintenance or removal of the communication tower. Each person that owns or operates a communication tower shall defend any actions or proceedings against the Township in which it is claimed that personal injury, including death, or property damage was caused by the construction, installation, operation, maintenance or removal of communication towers. The obligation to indemnify, hold harmless and defend shall include, but not be limited to, the obligation to pay judgments, injuries, liabilities, damages, reasonable attorneys' fees, reasonable expert fees, court costs and all other costs of indemnification.
(24)
Financial security. Prior to receipt of a zoning permit for the construction or placement of a communication tower, the tower applicant shall provide to the Township financial security sufficient to guarantee the removal of the communication tower. The amount of financial security shall be mutually agreed upon by the tower applicant's engineer and the Township Engineer or consultants, and shall remain in place until the communication tower is removed.
B.
Conditional use review process and additional regulations.
(1)
Communication towers are permitted in specific zoning districts by conditional use only as outlined in § 155-2105 and at the minimum height necessary to satisfy their function in the tower applicant's wireless communications system. No communication tower applicant shall have the right under these regulations to erect a tower to the maximum height specified in this section unless it proves the necessity for such height.
(2)
Notice. Upon submission of an application for a communication tower and the scheduling of the public hearing upon the application, the tower applicant shall mail notice to all owners of every property within 1,000 feet of the property upon which the proposed facility is located as measured from the perimeter of the property. The tower applicant shall provide proof of the notification to the Township.
(3)
The tower applicant for such conditional use approval shall prove to the reasonable satisfaction of the Board that the tower applicant cannot adequately extend or infill its communications system by the use of equipment such as redoes, repeaters, antenna(s) and other similar equipment installed on existing structures, such as utility poles or their appurtenances and other available tall structures. The tower applicant shall further demonstrate that the proposed communication tower must be located where it is proposed in order to serve the tower applicant's service area and that no other viable alternative location exists.
(4)
The conditional use application shall be accompanied by a propagation study evidencing the need for the proposed tower or other communication facilities and equipment, a description of the type and manufacturer of the proposed transmission/radio equipment, the frequency range (megahertz band) assigned to the tower applicant, the power in watts at which the tower applicant transmits, and any relevant related tests conducted by the tower applicant in determining the need for the proposed site and installation.
(5)
The conditional use application shall be accompanied by documentation demonstrating that the proposed communication tower complies with all state and federal laws and regulations concerning aviation safety.
(6)
Where the communication tower is located on a property with another principal use, the tower applicant shall present documentation to the Board that the owner of the property has granted an easement for the proposed tower and that vehicular access will be provided to the facility.
(7)
The conditional use application shall be accompanied by documentation demonstrating that the proposed communication tower complies with all applicable provisions in this section.
(8)
Visual appearance and land use compatibility.
(a)
Communication towers shall employ stealth technology approved by the Board in context with its surroundings, or shall have a galvanized finish. All communication towers and related equipment shall be aesthetically and architecturally compatible with the surrounding environment and shall maximize the use of a like façade to blend with the existing surroundings and neighboring buildings to the greatest extent possible.
(b)
The Board of Supervisors shall consider whether its decision upon the subject application will promote the harmonious and orderly development of the zoning district involved; encourage compatibility with the character and type of development existing in the area; benefit neighboring properties by preventing a negative impact on the aesthetic character of the community; preserve woodlands and trees existing at the site to the greatest possible extent; and encourage sound engineering and land development design and construction principles, practices and techniques.
(9)
Co-location and siting. An application for a new communication tower shall not be approved unless the Board of Supervisors finds that the wireless communications equipment planned for the proposed communication tower cannot be accommodated on an existing or approved structure or building. The Board may deny an application to construct a new communication tower if the tower applicant has not made a good-faith effort to mount the antenna(s) on an existing structure. The tower applicant shall demonstrate that it contacted the owners of tall structures, buildings, and towers within a 1/4 mile radius of the site proposed, sought permission to install an antenna on those structures, buildings, and towers and was denied for one of the following reasons:
(a)
The proposed antenna and related equipment would exceed the structural capacity of the existing building, structure or tower, and its reinforcement cannot be accomplished at a reasonable cost.
(b)
The proposed antenna and related equipment would cause radio frequency interference with other existing equipment for that existing building, structure, or tower and the interference cannot be prevented at a reasonable cost.
(c)
Such existing buildings, structures, or towers do not have adequate location, space, access, or height to accommodate the proposed equipment or to allow it to perform its intended function.
(d)
A commercially reasonable agreement could not be reached with the owner of such building, structure, or tower.
(10)
Additional antennas. As a condition of approval for all communication towers, the tower applicant shall provide the Township with a written commitment that it will allow other service providers to co-locate antennas on communication towers where technically and economically feasible. The owner of a communication tower shall not install any additional antennas without obtaining a building permit if required by the Township.
(11)
Retention of experts. The Township may hire any consultant and/or expert necessary to assist the Township in reviewing and evaluating the application for approval of the communication tower and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of these provisions. The tower applicant and/or owner of the tower shall reimburse the Township for all costs of the Township's consultant(s) in providing expert evaluation and consultation in connection with these activities.
(12)
Timing of approval. Within 30 calendar days of the date that an application for a communication tower is filed with the Township, the Township shall notify the tower applicant, in writing, of any information that may be required to complete such application. All applications for communication towers shall be acted upon within 150 days of the receipt of a fully completed application for the approval of such communication tower and the Township shall advise the tower applicant in writing of its decision. If additional information was requested by the Township to complete an application, the time required by the tower applicant to provide the information shall not be counted toward the 150-day review period. Time extensions may be granted if agreed upon by all parties.
(13)
Engineer signature. All plans and drawings for the conditional use approval shall contain a seal and signature of a professional structural engineer, licensed in the Commonwealth of Pennsylvania.
§ 155-1607 Consumer fireworks.
A.
Purpose. The purpose of this section is to allow for the sale of consumer fireworks, subject to the regulations in this section.
B.
Standards for the sale of consumer fireworks. Sales of consumer fireworks from a permanent facility is subject to compliance with standards set forth for a conditional use as outlined in § 155-2105 as well as all the following specific regulations with respect to such use:
(1)
The facility from which the fireworks are sold shall comply with the underlying district dimensional, area, and parking regulations, including, but not limited to, setbacks and buffers.
(2)
Such use shall not be located within 250 feet of any:
(3)
Any structure containing quantities of consumer fireworks, as defined herein, exceeding 50 pounds shall be no closer than 150 feet to any other building, state highway, railway, local street or alley, waterway, or utility right-of-way, including, but not limited to, a natural gas line.
(4)
All land development plans for construction, use or renovation of an existing building for the purposes of selling fireworks shall be reviewed by the Code Enforcement Officer for compliance with all required fire safety codes, including, but not limited to, the International Fire Code, and his/her comments and/or report shall be copied to the municipality designated fire company.
(5)
Sale of fireworks shall be subject to compliance with all of the provisions of Pennsylvania Act 43 of 2017[1] pertaining to the sale thereof. Hours of operation shall be confined to 9:00 a.m. to 7:00 p.m. Security and site management shall be provided 24 hours per day.
[1]
Editor's Note: See 72 P.S. § 9401 et seq.
(6)
All sales of consumer fireworks shall be conducted only within a facility approved by the Pennsylvania Department of Agriculture pursuant to the Pennsylvania Fireworks Law, 72 P.S. § 9407, as amended.
(7)
All sales of consumer fireworks, as defined herein, shall be conducted only from a facility exclusively dedicated to the storage and sale of fireworks.
§ 155-1608 Day care.
A.
Child day-care centers.
(1)
Area and bulk regulations of the underlying district shall apply except that when located adjacent to a residential use, lot, or district, minimum yards shall be 50 feet.
(2)
This use shall meet the provisions of 55 Pa. Code § 3270.1 et seq. and any other applicable state and county requirements. Where this chapter conflicts with state and county requirements, the more restrictive shall apply.
(3)
Prior to the issuing of a permit by the Township for this use, the applicant must receive and hold all pertinent approvals and/or licenses from the PA Department of Human Services, Chester County Health Department, and any other applicable state or county agencies as a condition of Township permit approval and continuation.
(4)
An outdoor play area(s) shall be provided consistent with PA Department of Human Services standards and shall be provided surrounded by safety fencing and adequately screened so as to protect adjacent residential areas from incongruous noise and disturbance. Screening and buffering shall meet Article XXX. Outside play shall be limited to hours between eight a.m. and sunset.
(5)
When this use is proposed in conjunction with another use, a permit is required for each use.
(6)
Safe off-street unloading passenger space and adequate stacking capacity shall be provided to prevent interference with traffic flow on any adjacent street. All off-street parking and loading standards shall comply with Article XVIII. Parking shall be adequately screened when situated within 50 feet of residential uses, lots, or districts. There must be safe sight distances and internal circulation patterns for dropoff and pickup areas.
B.
Adult day-care centers.
(1)
This use shall be licensed by the PA Department of Aging and meet the provisions of 6 Pa. Code § 11.1 et seq. for (older) adult living centers and applicable requirements of all other state and county agencies. Where this chapter conflicts with state and county requirements, the more restrictive requirement shall apply.
(2)
There shall be outdoor open and safe areas that shall be a minimum of 10% of the lot size and contain amenities such as benches, gazebos, and/or walking paths.
(3)
Safe off-street unloading passenger space and adequate stacking capacity shall be provided to prevent interference with traffic flow on any adjacent street. All off-street parking and loading standards shall comply with Article XVIII. Parking shall be adequately screened when situated within 50 feet of residential uses, lots, or districts. There must be safe sight distances and internal circulation patterns for dropoff and pickup areas.
C.
Child day-care home accessory uses.
(1)
This is an accessory use in which care is provided for four to six children (family child day-care home) or seven to 12 children (group child day-care home) at any one time, who are unrelated to the caregiver, in a dwelling that is the primary use.
(2)
Family child day-care homes shall meet of 55 Pa. Code § 3290.1 et seq. and group child day-care homes shall meet of 55 Pa. Code § 3280.1 et seq. Both uses shall meet any other applicable state and county requirements. Where this chapter conflicts with state and county requirements, the more restrictive shall apply.
(3)
Prior to the issuing of a permit by the Township for the use, the applicant must receive and hold all pertinent approvals and/or licenses from the PA Department of Human Services, Chester County Health Department, and any other applicable state or county agencies as a condition of Township permit approval and/or continuation.
(4)
Minimum lot size shall be that required for the underlying district unless however such a lot size is insufficient to meet state and county licensing and/or approval standards in which case the minimum lot size shall be that needed to meet state and county licensing and/or approval requirements.
(5)
Outdoor play areas shall meet PA Department of Human Services standards and minimum yard standards for the principal use in the underlying district. Such area shall be surrounded by safety fencing and adequately screened so as to protect the children and adjacent residential areas from incongruous noise and disturbance. Outside play shall be limited to hours between 8:00 a.m. and sunset.
(7)
There shall be safe on-street or off-street passenger loading space to prevent interference with traffic flow on any adjacent street. There must be safe sight distances for dropoff and pickup areas.
(8)
There shall be a minimum of one off-street parking space for each employee, plus one visitor space. Parking shall be adequately screened when situated within 20 feet of other residential uses or lots.
§ 155-1609 Drive-through services.
A.
Unless otherwise noted in this chapter, area and bulk requirements for drive-through services shall be as specified for the use with which it is associated, including a restaurant, bank, or retail use as denoted in the underlying district.
B.
A drive-through service area shall not be adjacent to or facing a residential use, lot, or district.
C.
A drive-through service shall have a cartway with a dedicated area for conducting business, a vehicle stacking lane, and an area for departing vehicles. The stacking lane shall be clearly marked and shall not be shared with parking circulation aisles or traffic flow. As part of the conditional use process, the Township Engineer shall determine minimum stacking needed for the proposed use.
D.
When a drive-through service is adjacent to or on the same lot as other commercial uses, it shall share a common accessway with the other uses and shall not have a separate entrance to the street.
E.
A pedestrian pathway shall be provided connecting any existing pedestrian access and the use for which the drive-through service is intended.
F.
If the drive-through service is for a restaurant, trash receptacles shall be provided outside for patron use with some located in a manner that drive-through service customers have access to the receptacles from a vehicle, however trash receptacles shall not be located within 40 feet of a residential use, lot, or district. A trash storage area shall be provided that is screened from the street and adjacent properties to create a visual barrier from the street and adjacent properties and to prevent trash from scattering or blowing away. All trash areas shall be located to permit safe and accessible trash removal.
§ 155-1610 Funeral homes.
A.
The minimum lot area shall be five acres.
B.
The site shall have frontage on and direct vehicular access to an arterial or collector street.
C.
All off-street parking areas which adjoin residential zoning classification shall be screened by a buffer planting strip as defined under § 155-1504C.
D.
Traffic circulation on the lot shall be designed to minimize congestion and provide for the lining up of vehicles on the property without obstructing the free flow of traffic on adjoining streets or alleys.
E.
Applicable state and other laws and requirements shall be met be this use, and any approvals and/or licenses should be secured by the operator or applicant prior to the Township approving permits for this use.
F.
Certification from the Chester County Health Department regarding the adequate provision of sewage disposal shall be required.
§ 155-1611 Gasoline service stations.
A.
Outdoor storage of materials and supplies shall comply with § 155-1501. In addition, the following storage standards shall apply:
(1)
Automotive parts, refuse, and similar articles shall be stored within a building or enclosed area.
(2)
Vehicles or other machinery waiting for repairs shall not be stored outdoors for more than 10 days. Scrap or parts vehicles shall be stored indoors or directly behind the repair building or in an enclosed area where they are out of public view and limited to no more than three vehicles.
B.
A minimum lot width of 100 feet shall be provided along each street frontage in which access is proposed. This requirement shall not apply to facilities solely providing repair services, in which case the required lot width of the underlying district shall apply.
C.
Adjoining lots shall be connected to one another via vehicular and pedestrian linkages for improved connection, use, and circulation purposes.
D.
Fuel pumps, underground holding tanks, and service islands shall be set back a distance that meets PennDOT standards from any street right-of-way, and a minimum of 50 feet from any residential lot or district, 100 feet from any underground oil, natural gas, or like energy transmission pipeline, and 500 feet from any water supply.
E.
Access shall be set back at least 40 feet from the intersection of any street. Primary access shall be from an arterial or major collector road. When the use abuts other nonresidential uses or lots, access shall be via a shared common accessway with those adjoining uses and lots so as to limit the number of street access points and potential vehicle and pedestrian movement conflicts. Adjoining uses and lots shall be connected to one another via vehicular and pedestrian linkages for improved connection, use, and circulation purposes.
F.
Repair or service operations shall take place within an enclosed building except for minor service activities performed at the fuel pump.
G.
There shall be barrier protection for fuel pumps and fuel tanks shall be placed underground and shall use materials and be designed in accordance with state and federal regulations.
H.
Car washes shall use public water supply and shall recycle water. Car washes shall have vehicle stacking lanes in conformance with Article XVIII.
I.
Automotive service stations and car washes shall adhere to all applicable PA Department of Environmental Protection standards.
§ 155-1612 Home-based business.
A.
General standards. A home-based business is a professional office, business, or commercial activity administered or conducted as an accessory use which is clearly secondary to the use as a residential dwelling and which involves no customer, client or patient traffic, whether vehicular or pedestrian, pickup, delivery or removal functions to or from the premises, in excess of those normally associated with residential use. A home-based business must satisfy the following requirements:
(1)
Operation. A home-based business shall be conducted within a residential dwelling which is the residence of the principal practitioner. The business activity shall be compatible with the residential use of the property and other surrounding residential uses. The business activity may not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use in the neighborhood.
(2)
Employees. There shall be not more than one employee who is not a member of the household.
(3)
Size limitations. A home-based business may not occupy more than 50% of the net floor area of the basement or first floor of the dwelling with no such use permitted above the first floor.
(4)
Structural appearance. The appearance of the residential dwelling shall not be altered or the occupation be conducted in such a manner which would cause the premises to differ from its residential character by the use of materials, parking, construction, lighting, show windows, signs, or advertising visible outside the premises to attract customers or clients, other than those signs permitted by this chapter. There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.
(5)
Signage. One sign is permitted for a home-based business subject to the following:
(6)
Parking. No on-street parking shall be utilized in association with a home-based business. Any additional parking shall not be located within any required yard area and shall be paved or constructed of a surface approved by the Township Engineer.
(7)
Storage. There shall be no exterior storage of materials or refuse resulting from the operation of the home-based business.
(8)
Nuisance. The business activity may not use any equipment or process which creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood. Further, the business may not involve any illegal activity.
(9)
Burden of proof. The burden of proof shall be upon the applicant to prove that the standards of this section will be met. Based upon the potential nuisances of a proposed home-based business, the Zoning Officer may determine that a particular type or intensity of use is unsuitable to be a home-based business or that the proposed lot area or setbacks are not sufficient to contain such nuisances.
§ 155-1613 Indoor recreation and entertainment.
A.
Buildings, structures, equipment, parking, storage, loading, accessways, or paved areas, excluding bicycle or foot pathways shall not be located closer than 50 feet to any residential lot line.
B.
Auxiliary uses, such as a restaurant or snack bar shall be restricted in their use to employees, patrons, members, and guests of the principal use. Such establishments shall present no visible evidence from any public street of their commercial character which would attract persons other than employees, patrons, members, and guests.
C.
Where access can be provided from more than one street, vehicular access shall not be provided from a local street in a residential district or residential development, if possible.
D.
Automatic amusement games associated with these uses shall include coin-operated machines, mechanical machines, or electronic machines, which operate as a game of skill or amusement. Such games shall be operated by this use in any location where three or more such games are located, excluding video games designed for private individuals for residential use and used only by the family occupying the residence and its guests.
E.
No audio speakers or equipment shall be installed inside or outside the location of such use that would cause sounds to emanate to the exterior of the premises.
F.
All recreational uses shall have at least one attendant on duty during operating hours.
§ 155-1614 Microwave antennas.
A.
Permit. Before erection of any microwave antenna, a permit application shall be made to the Township, a permit issued and a fee paid.
B.
Limitation in number. Only one microwave antenna shall be permitted per lot, when permitted in an underlying district. The microwave antenna shall be considered as a permissible accessory use, subject to the rules and regulations of this section.
C.
Size permitted. The maximum diameter of a microwave antenna shall be 30 inches if roof-mounted and 48 inches if ground-mounted; the total height of the supported antenna shall not exceed six feet. Larger sizes may be permitted if approved as a special exception by the Zoning Hearing Board.
D.
Location and mountings.
(1)
Roof microwave antennas shall be mounted below the roofline on the rear part of a building. Where the roofline is insufficient to obscure the microwave antenna from a frontal view, a four-sided screen shall be constructed around the dish to obscure its image. The screen shall be of such construction to architecturally blend into the roofline and roof color.
(2)
Ground microwave antennas shall be located in the rear yard and within the sight lines of a residential dwelling or commercial building when viewed by standing in front of the building. The microwave antenna shall be within 20 feet of the residential dwelling's or commercial building's most rear foundation and shall be at least 25 feet from the rear lot line. The ground-mounted microwave antenna shall be secured by a foundation approved by the Township Engineer and shall be screened on four sides by shrubbery at least as high as the microwave antennas. The planted visual barrier shall be installed at the time of the installation of the microwave antenna.
E.
General regulations.
(1)
A permit application shall be accompanied with the following drawings:
(a)
For roof-mounted microwave antennas, drawings of the internal roof structure which will provide support, the mounting fastening technique to be used and its size.
(b)
For ground-mounted microwave antennas, drawings with dimensions showing the location within a lot, the screen type, the support foundation and its size.
(2)
In granting a special exception, the Zoning Hearing Board:
(a)
May permit a microwave antenna of a size larger than that permitted as a matter of right, provided that the applicant proves that the permitted size would not suffice for reception acceptable for normal household viewing;
(b)
Shall not permit the erection of any microwave antenna exceeding six feet in diameter nor nine feet in height;
(c)
May require additional or other screening than that otherwise required by these regulations;
(d)
May require additional setback from the property line to that imposed by these regulations; and
(e)
Shall attach such additional reasonable conditions as it shall require, consistent with the intent of these regulations that the essential character of the neighborhood shall not be disturbed by the installation of any such microwave antenna.
(3)
No microwave antenna may be erected in any district or any location within a district which is prohibited by regulation of the Federal Communications Commission or other regulatory agency having jurisdiction.
(4)
Microwave antennas shall be properly anchored and installed to resist a minimum wind load of 30 pounds per square foot of projected horizontal area. Supports, anchors and foundations shall take into account overturning movements and forces created by wind loading. The safety factor against overturning or sliding for wind forces on microwave antennas shall be 2.0.
§ 155-1615 Non-tower-based wireless communications facilities.
A.
Short title. The title of this section shall be "non-tower-based wireless communications facilities."
B.
Purposes and findings of fact.
(1)
The purpose of this section is to regulate the placement, construction, modification, and removal of non-tower-based wireless communication facilities and systems, and to establish uniform standards for the siting, design, permitting, maintenance, and use of such facilities in Thornbury Township in order to protect the health, safety and property of Township residents. While the Township recognizes the importance of wireless communications facilities in providing high-quality communications service to its residents and businesses, the Township also recognizes that it has an obligation to protect public safety and to minimize the adverse effects of such facilities through the standards set forth in the following provisions.
(2)
By enacting this section, the Township intends to:
(a)
Promote the health, safety, and welfare of Township residents and businesses with respect to wireless communications facilities; provide for the managed development of non-tower-based wireless communications facilities in a manner that enhances the benefits of such facilities in accordance with federal and state laws and regulations while preserving the beauty of Thornbury Township;
(b)
Establish procedures for the design, siting, construction, installation, inspection, maintenance and removal of non-tower-based wireless communications facilities in the Township, including facilities both inside and outside the public rights-of-way;
(c)
Address new wireless technologies, including, but not limited to, distributed antenna systems (DAS), data collection units (DCU ), cable wi-fi and other wireless communications facilities;
(d)
Encourage the location of non-tower-based wireless communications facilities on existing structures;
(e)
Protect Township residents from potential adverse visual, esthetic, economic and physical impacts of wireless communications facilities and preserve, to the greatest extent permitted under law, the visual character of established communities, including those that have invested in underground utilities, and preservation of natural viewsheds, and historically significant buildings and landscapes; and
(f)
Update the Township's wireless facilities regulations to incorporate recent changes in federal and state laws and regulations.
C. ANTENNA CO-LOCATION DISTRIBUTED ANTENNA SYSTEMS (DAS) EMERGENCY FCC NON-TOWER WIRELESS COMMUNICATIONS FACILITY (NON-TOWER WCF) PERSONS RELATED EQUIPMENT RIGHT-OF-WAY or ROW STEALTH TECHNOLOGY SUBSTANTIALLY CHANGE(1) (2) WBCA WIRELESS WIRELESS COMMUNICATIONS FACILITY (WCF) WIRELESS COMMUNICATIONS FACILITY APPLICANT (WCF APPLICANT)
As used in this section, the following terms shall have the meanings indicated:
Any system of wires, rods, discs, panels, flat panels, dishes, whips, or other similar devices used for the transmission or reception of wireless signals. An "antenna" may include an omnidirectional antenna (rod), directional antenna (panel), parabolic antenna (disc) or any other wireless antenna. An antenna shall not include "tower-based wireless communications facilities" defined below.
The mounting of one or more WCFs, including antennae, on an existing tower-based WCF, or on any structure that already supports at least one non-tower WCF.
Network of spatially separated antenna sites connected to a common source that provides wireless service within a geographic area or structure.
A condition that:
Federal Communications Commission.
All non-tower wireless communications facilities, including, but not limited to, antennae and related equipment. Non-tower WCFs shall not include support structures for antennae or any related equipment that is mounted to the ground or at ground level.
Individuals, corporations, companies, associations, joint stock companies, firms, partnerships, limited liability companies, corporations and other entities established pursuant to statutes of the Commonwealth of Pennsylvania; provided that "person" does not include, or apply to, the Township or to any department or agency of the Township.
Any piece of equipment related to, incident to, or necessary for, the operation of a tower-based WCF or non-tower WCF. By way of illustration, not limitation, "related equipment" includes generators and base stations.
The surface of and space above and below any real property in the Township in which the Township has a regulatory interest, or interest as a trustee for the public, as such interests now or hereafter exist, including, but not limited to, all streets, highways, avenues, roads, alleys, sidewalks, tunnels, viaducts, bridges, skyways, or any other public place, area or property under the control of the Township, and any unrestricted public or utility easements established, dedicated, platted, improved or devoted for utility purposes, but excluding lands other than streets that are owned by the Township. The phrase "in the right(s)-of-way" and means in, on, over, along, above and/or under the right(s)-of-way. For the purpose of this article, ROW shall include streets and roads owned by Chester County, the Commonwealth of Pennsylvania, and any other Pennsylvania state agencies.
Camouflaging methods applied to wireless communications towers, antennae and other facilities which render them more visually appealing or blend the proposed facility into the existing structure or visual backdrop in such a manner as to render it minimally visible to the casual observer. Such methods include, but are not limited to, architecturally screened roof-mounted antennae, building-mounted antennae painted to match the existing structure and facilities constructed to resemble trees, shrubs, and light poles.
Any increase in the height of a wireless support structure by more than 10%, or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet, whichever is greater, except that the mounting of the proposed wireless communications facility may exceed the size limits set forth herein if necessary to avoid interference with existing antennae; or
Any further increase in the height of a wireless support structure which has already been extended by more than 10% of its originally approved height or by the height of one additional antenna array.
Pennsylvania Wireless Broadband Collocation Act (53 P.S. § 11702.1 et seq.).
Transmissions through the airwaves including, but not limited to, infrared line of sight, cellular, PCS, microwave, satellite, or radio signals.
The antennae, nodes, control boxes, towers, poles, conduits, ducts, pedestals, electronics and other equipment used for the purpose of transmitting, receiving, distributing, providing, or accommodating wireless communications services.
Any person that applies for a wireless communication facility building permit, zoning approval and/or permission to use the public right-of-way (ROW) or other Township-owned land or property.
D.
General requirements.
(1)
The following regulations shall apply to all non-tower wireless communications facilities that do not substantially change the physical dimensions of the wireless support structure to which they are attached:
(a)
Permitted in all zones subject to regulations. Non-tower WCFs are permitted in all zoning districts subject to the restrictions and conditions prescribed below and subject to the prior written approval of the Township.
(b)
Prohibited on certain structures. Non-tower WCFs shall not be located on single-family detached residences, multifamily dwellings, single-family attached residences, or any accessory residential structures.
(c)
Standard of care. Any non-tower WCF shall be designed, constructed, operated, maintained, inspected, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related codes, including, but not limited to, the most recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, and National Electrical Code. Any WCF shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the safety of any person or any property in the Township.
(d)
Related equipment. Ground-mounted related equipment greater than three cubic feet shall not be located within 50 feet of a lot which is in residential use or is zoned residential.
(e)
Wind. Any non-tower WCF structures shall be designed to withstand the effects of wind according to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association, and Telecommunications Industry Association (ANSI/EIA-222-E Code, as amended).
(f)
Public safety communications. No non-tower WCF shall interfere in any way with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.
(g)
Aviation safety. Non-tower WCFs shall comply with all federal and state laws and regulations concerning aviation safety.
(h)
Radio frequency emissions. No non-tower WCF may, by itself or in conjunction with other WCFs, generate radio frequency emissions in excess of the standards and regulations of the FCC, including, but not limited to, the FCC Office of Engineering Technology Bulletin 65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended.
(i)
Removal. In the event that use of a non-tower WCF is discontinued, the owner shall provide written notice to the Township of its intent to discontinue use and the date when the use is intended to be discontinued. Unused or abandoned WCFs or portions of WCFs shall be removed as follows:
[1]
All abandoned or unused WCFs and accessory facilities shall be removed within two months of the cessation of operations at the site unless a time extension is approved in writing by the Township.
[2]
If the WCF or accessory facility is not removed within two months of the cessation of operations at a site, or within any longer period approved in writing by the Township, the WCF and/or associated facilities and equipment may be removed by the Township and the cost of removal assessed against the owner of the WCF.
(j)
Timing of approval. Within 30 calendar days of the date that an application for a non-tower WCF is filed with the Township, the Township shall notify the applicant in writing of any information that may be required to complete such application. Within 90 calendar days of receipt of a complete application, the Township shall make its final decision on whether to approve the application and shall advise the applicant in writing of such decision. If additional information is requested by the Township to complete an application, the time between the request and the date the material is produced shall be excluded in calculating the Township's ninety-day review period.
(k)
Permit fees. The Township may assess appropriate and reasonable permit fees directly related to the Township's actual costs in reviewing and processing the application for approval of a non-tower WCF.
(l)
Insurance. Each person that owns or operates a non-tower WCF shall provide the Township with a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering the non-tower WCF. The Township shall be named as an additional insured on the certificate of insurance.
(m)
Indemnification. Each person that owns or operates a non-tower WCF shall, at its sole cost and expense, indemnify, defend and hold harmless the Township, its elected and appointed officials, employees and agents, at all times against any and all claims for personal injury, including death, and property damage arising in whole or in part from, caused by or connected with any act or omission of the person, its officers, agents, employees or contractors arising out of but not limited to, the construction, installation, operation, maintenance or removal of the non-tower WCF. Each person that owns or operates a non-tower WCF shall defend, at his, her, its own expense, any actions or proceedings against the Township in which it is claimed that personal injury, including death, or property damage was caused by the construction, installation, operation, maintenance or removal of a non-tower WCF. The obligation to indemnify, hold harmless and defend shall include, but not be limited to, the obligation to pay judgments, injuries, liabilities, damages, reasonable attorneys' fees, reasonable expert fees, court costs and all other costs of indemnification.
(2)
The following regulations shall apply to all non-tower wireless communications facilities that substantially change the wireless support structure to which they are attached:
(a)
Permitted in all zones subject to regulations. Non-tower WCFs are permitted in all zones subject to the restrictions and conditions prescribed below and subject to the prior written approval of the Township.
(b)
Prohibited on certain structures. Non-tower WCFs shall not be located on single-family detached residences, multifamily dwellings, single-family attached residences, or any residential accessory structures.
(c)
Permit required. Any applicant proposing the construction of a new non-tower WCF, or the modification of an existing non-tower WCF, shall first obtain a commercial building permit from the Township office. New construction and modifications shall be prohibited without a permit. After receipt of the commercial building application, the Township Zoning Officer shall determine whether zoning relief under Article XX or if a conditional use is necessary under § 155-2105.
(d)
Standard of care. Any non-tower WCF shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related codes, including, but not limited to, the most recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, and National Electrical Code. Any WCF shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property in the Township.
(e)
Wind. Any non-tower WCF structures shall be designed to withstand the effects of wind according to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association, and Telecommunications Industry Association (ANSI/EIA-222-E Code, as amended).
(f)
Public safety communications. No non-tower WCF shall interfere in any way with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.
(g)
Historic buildings. No non-tower WCF may be located on or near a building or structure that is listed on either the National or Pennsylvania Registers of Historic Places, or is eligible to be so listed, or is listed on the official historic structures list maintained by the Township.
(h)
Aviation safety. Non-tower WCFs shall comply with all federal and state laws and regulations concerning aviation safety.
(i)
Maintenance. The following maintenance requirements shall apply:
[1]
The non-tower WCF shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair.
[2]
Such maintenance shall be performed to ensure the upkeep of the facility in order to promote the safety and security of the Township's residents.
[3]
All maintenance activities shall utilize nothing less than the best available technology for preventing failures and accidents.
(j)
Radio frequency emissions. No non-tower WCF may, by itself or in conjunction with other WCFs, generate radio frequency emissions in excess of the standards and regulations of the FCC, including, but not limited to, the FCC Office of Engineering Technology Bulletin 65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended.
(k)
Removal. In the event that use of a non-tower WCF is discontinued, the owner shall provide written notice to the Township of its intent to discontinue use and the date when the use is intended to be discontinued. Unused or abandoned WCFs or portions of WCFs shall be removed as follows:
[1]
All abandoned or unused WCFs and accessory facilities shall be removed within one month of the cessation of operations at the site unless a time extension is approved by the Township in writing.
[2]
If the WCF or accessory facility is not removed within one month of the cessation of operations at a site, or within any longer period approved by the Township in writing, the WCF and/or associated facilities and equipment may be removed by the Township and the Township's cost plus 15% overhead, of removal assessed against the owner of the WCF.
(l)
Timing of approval. Within 30 calendar days of the date that an application for a non-tower WCF is filed with the Township, the Township shall notify the applicant in writing of any information that may be required to complete such application. Within 90 calendar days of receipt of a complete application, the Township shall make its final decision on whether to approve the application and shall advise the applicant in writing of such decision. If additional information is requested by the Township to complete an application, the time between the request and the date the material is produced shall be excluded in calculating the ninety-day review period.
(m)
Retention of experts. The Township may hire any consultant(s) and/or expert(s) necessary to assist the Township in reviewing and evaluating the application for approval of the WCF and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of this article. The applicant and/or owner of the WCF shall reimburse the Township for all costs of the Township's consultant(s) in providing expert evaluation and consultation in connection with these activities.
(n)
Bond. Prior to the issuance of a permit, the owner of a non-tower WCF shall, at its own cost and expense, obtain from a surety licensed to do business in Pennsylvania and maintain a bond, or other form of security acceptable to the Township Solicitor, in the amount of $35,000 to assure the faithful performance of the terms and conditions of this article. The bond shall provide that the Township may recover from the principal and surety any and all compensatory damages as well as expert fees, counsel fees and costs, incurred by the Township for violations of this article, after reasonable notice and opportunity to cure. The owner shall file a copy of the bond with the Township.
(o)
Permit fees. The Township may assess appropriate and reasonable permit fees directly related to the Township's actual costs in reviewing and processing the application for approval of a non-tower WCF, as well as related inspection, monitoring and related costs.
E.
Non-tower wireless facilities outside rights-of-way.
(1)
The following additional regulations shall apply to non-tower wireless communications facilities located outside the rights-of-way that substantially change the wireless support structure to which they are attached:
(a)
Development regulations. Non-tower WCFs may be co-located on existing structures, such as existing buildings or tower-based WCFs subject to the following conditions:
[1]
Such WCF may not exceed the lesser of a total maximum height of 50 feet or the maximum height permitted in the underlying zoning district.
[2]
If the WCF applicant proposes to locate the related equipment in a separate building, the building shall comply with the accessory building and structure requirements of the applicable zoning district.
[3]
An eight-foot-high security fence shall surround any separate communications equipment building. Vehicular access to the communications equipment building shall not interfere with the parking or vehicular circulations on the site for any existing principal use.
(b)
Design regulations.
[1]
Non-tower WCFs shall employ stealth technology and be treated to match the supporting structure in order to minimize aesthetic impact. The application of the stealth technology chosen by the WCF applicant shall be subject to the approval of the Township.
[2]
Non-tower WCFs which are mounted to a building or similar structure may not exceed a height of 10 feet above the roof or parapet, whichever is higher, unless the WCF applicant is granted conditional use approval after a hearing.
[3]
The total height of any support structure and mounted WCF shall not, under any circumstance, exceed the maximum height permitted in the underlying zoning district.
[4]
All non-tower WCF applicants must submit documentation to the Township justifying the total height of the non-tower structure. Such documentation shall be analyzed in the context of such justification on an individual basis.
[5]
Antennae, and their respective accompanying support structures, shall be no greater in diameter than is reasonably necessary for their proper functioning.
(c)
Removal, replacement, modification.
[1]
The removal and replacement of non-tower WCFs and/or accessory equipment for the purpose of upgrading or repairing the WCF is permitted, so long as such repair or upgrade does not increase the overall size of the WCF or the numbers of antennae.
[2]
Any material modification to a wireless telecommunication facility shall require a new permit application and approval.
(d)
Visual or land use impact. The Township reserves the right to deny an application for the construction or placement of any non-tower WCF based upon any adverse visual and/or land use impact.
(e)
Inspection. The Township reserves the right to inspect any WCF to ensure compliance with the provisions of this article and any other provisions found within the Township Code or state or federal law. The Township and/or its agents shall have the authority to enter the property upon which a WCF is located at any time, upon reasonable notice to the operator, to ensure such compliance.
F.
Non-tower wireless facilities in rights-of-way.
(1)
The following additional regulations shall apply to all non-tower wireless communications facilities located in the rights-of-way:
(a)
Co-location. Non-tower-based WCFs in the ROW shall be co-located on existing structures, such as existing utility poles or light poles.
(b)
Design requirements:
[1]
WCF installations located above the surface grade in the public ROW, including, but not limited to, those on streetlights and joint utility poles, shall consist of equipment components that are no more than six feet in height and that are compatible in scale and proportion to the structures upon which they are mounted. All equipment shall be the smallest and least visibly intrusive equipment feasible. Applicant shall demonstrate to the satisfaction of the Township that components are the smallest, least obtrusive with parts consistent with best engineering practices.
[2]
Antennae and all supporting equipment shall be treated to match the supporting structure. WCFs and accompanying equipment shall be painted, or otherwise coated, to be visually compatible with the support structure upon which they are mounted.
(c)
Reimbursement for ROW use. In addition to permit fees as described above, every non-tower WCF in the ROW is subject to the Township's right to fix annually a fair and reasonable compensation to be paid for use and occupancy of the ROW. Such compensation for ROW use shall be directly related to the Township's actual ROW management costs including, but not limited to, the costs of the administration and performance of all reviews, inspections, permitting, supervision and other ROW management activities by the Township. The owner of each non-tower WCF shall pay an annual fee to the Township to compensate the Township for its costs incurred in connection with the activities described above. The annual ROW management fee for non-tower WCFs shall be determined by the Township at its first public meeting each January and authorized by resolution of Township Board and shall be based on the Township's actual ROW management costs as applied to such non-tower WCF.
(d)
Time, place and manner. The Township shall determine the time, place and manner of construction, maintenance, repair and/or removal of all non-tower WCFs in the ROW based on public safety, traffic management, physical burden on the ROW, and related considerations. For public utilities, the time, place and manner requirements shall be consistent with the police powers of the Township and the requirements of the Public Utility Code.
(e)
Equipment location. Non-tower-based WCFs and accessory equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, adversely affect the visual aesthetics of the surrounding community or to otherwise create safety hazards to pedestrians and/or motorists or to otherwise inconvenience public use of the ROW as determined by the Township. In addition:
[1]
In no case shall ground-mounted equipment, walls, or landscaping be located within 18 inches of the face of the curb, edge of pavement or outside edge of sidewalk or within an easement extending onto a privately-owned lot;
[2]
Ground-mounted equipment that cannot be located underground shall be screened, to the fullest extent possible, through the use of landscaping or other decorative features to the satisfaction of the Township.
[3]
Required electrical meter cabinets shall be screened to blend in with the surrounding area to the satisfaction of the Township.
[4]
Any graffiti on any equipment or accessory equipment shall be removed at the sole expense of the owner within 10 business days of notice of the existence of the graffiti. If the owner does not remove the graffiti after 10 days, the Township may do so and recover its expenses, plus 15% overhead, from the owner.
[5]
Any underground vaults related to non-tower WCFs shall be reviewed and approved by the Township.
(f)
Relocation or removal of facilities. Within 60 days following written notice from the Township, or such longer period as the Township determines is reasonably necessary or such shorter period in the case of an emergency, an owner of a WCF in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any WCF when the Township, consistent with its police powers and applicable Public Utility Commission regulations, shall have determined that such removal, relocation, change or alteration is reasonably necessary under the following circumstances:
[1]
The construction, repair, maintenance or installation of any Township or other public improvement in the right-of-way;
[2]
The operations of the Township or other governmental entity in the right-of-way;
[3]
Vacation of a street or road or the release of a utility easement; or
[4]
An emergency as determined by the Township.
[5]
Visual or land use impact. The Township retains the right to deny an application for the construction or placement of a non-tower WCF based upon any adverse visual and/or land use impact.
G.
Violations and penalties.
(1)
Penalties. Any person violating any provision of this article shall be subject, upon a finding by a Magisterial District Judge, to a penalty not exceeding $500, for each and every offense, together with attorneys' fees and costs. A separate and distinct violation shall be deemed to be committed each day on which a violation occurs or continues to occur after notice. In addition to an action to enforce any penalty imposed by this article and any other remedy at law or in equity available to the Township, the Township may apply to a Federal District Court for an injunction or other appropriate relief at law or in equity to enforce compliance with or restrain violation of any provision of this article.
(2)
Determination of violation. In the event a determination is made that a person has violated any provision of this article, such person shall be provided written notice of the determination of violation and the reasons therefor. Except in the case of an emergency, the person shall have 30 days to cure the violation. If the nature of the violation is such that it cannot be fully cured within such time period, the Township may, in its reasonable judgment, extend the time period to cure, provided the person has commenced to cure and is diligently pursuing its efforts to cure. If the violation has not been cured within the time allowed, the Township may take any and all actions authorized by this article and/or federal and/or Pennsylvania law and regulations.
H.
Police powers. The Township, by granting any permit or taking any other action pursuant to this chapter, does not waive, reduce, lessen or impair the lawful police powers vested in the Township under applicable federal, state and local laws and regulations.
§ 155-1616 Outdoor recreation.
A.
The minimum lot size for a private outdoor recreation area or facility shall be one acre.
B.
Impervious coverage for the proposed use, including paved recreational courts and swimming pools, shall not exceed the maximum lot coverage standard of the applicable zoning district.
C.
Active outdoor recreational areas, including fields, courts, swimming pools, and playgrounds, shall be set back a minimum of 100 feet from the lot line of any residential district or use and shall be screened in accordance with § 155-1504C. A minimum setback of 50 feet shall apply to such areas that are adjacent to nonresidential districts or uses.
D.
Any structure, building, parking, 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 the lot line of any residential district or use. Otherwise, the setback requirements of the underlying district shall apply.
E.
Where access can be provided from more than one street, vehicular access shall not be provided from a local street in a residential district or residential development, if possible.
G.
No audio speakers or equipment shall be installed inside or outside the location of such use that would cause sounds to be in violation of Chapter 89 of the Township Code.
H.
Seasonal or permanent rest rooms shall be provided for outdoor recreational areas.
I.
All recreational uses shall have at least one attendant on duty during operating hours.
J.
A master plan for the entire tract of land shall be prepared as part of the application for a use under this section. The master plan shall provide sufficient data to ascertain the impact the facility will pose on the Township and surrounding uses when it is complete and shall include the information required by § 155-2105, conditional use process.
K.
Outdoor recreational uses shall not include:
(1)
Any activities in which the principal activity is carried on in a motorized vehicle, such as an automobile, motorcycle, minibike, snowmobile (golf carts are permissible as part of a golf course use);
(2)
Any activities involving the discharge of firearms; and
(3)
Any activities customarily carried on in the form of commercial spectator sports.
L.
Outdoor private recreation accessory to a residential use.
(1)
All swimming pools and tennis courts accessory to a residential use shall be subject to the required accessory structure setbacks as outlined under § 155-1500E.
(3)
All mechanical equipment associated with a swimming pool shall be located no closer than 20 feet from any property line and shall be full screened from view of neighboring properties.
(4)
Dechlorinated swimming pool discharges into a storm sewer or to the waters of the commonwealth may be permitted subject to approval from the Township Engineer. This shall not apply to discharges of less than 5% of the total pool volume as part of its regular maintenance.
§ 155-1617 Outdoor stadium lighting.
A.
Outdoor stadium lighting. Subject to the conditions listed herein, permanent outdoor illumination for active recreational and sports facilities accessory to public, private, and parochial schools, universities and colleges and for passive nonrecreational nighttime events shall be permitted when approved as a conditional use by the Thornbury Township Board of Supervisors.
(1)
Permanent recreational and sports lighting shall be defined as recreational and sports lighting that is permanently installed in a fixed location and not portable and associated with nighttime events.
(2)
Before a conditional use is granted for recreational and sports lighting and nighttime events, the applicant will conduct traffic and parking studies and report the results to the Township to determine if parking, vehicle access and egress, pedestrian walkways, and site lighting are adequate for handling the most heavily attended anticipated events. The studies shall be prepared by a qualified traffic consultant and shall enable the Township to identify potential traffic and/or parking problems associated with such events. The studies shall identify solutions and recommend improvements to mitigate adverse impacts of the lighted events, if any are found to exist.
(3)
An annual permit application shall be required to be submitted to the Township 45 days before the start of each sports and recreation year that a permanent recreational and sports lighting installation is proposed to be utilized. A permit fee schedule shall be established by resolution of the Board of Supervisors each year to cover all costs to the Township.
(4)
All outdoor illumination as described in this subsection shall comply with the following standards and conditions:
(a)
The maximum mounting height as measured from the finished grade of the playing field to the top of the highest fixture of recreational and sports lighting fixtures permitted by this subsection shall be 70 feet.
(b)
The lighting shall be accomplished only through the use of full cutoff or fully shielded fixtures that employ suitable shielding. Such lighting shall be designed, installed, aimed, and maintained so that neither lamps (bulbs) nor primary reflecting surfaces shall be visible from any window of residential properties within a radius of 1,800 feet of the boundary of lighted field. The fixtures shall not present a hazard to drivers or pedestrians by projecting glare that impairs their ability to safely traverse streets, driveways, sidewalks, pathways and trails. The fixtures shall be mounted at an appropriate height, angle, and location to comply with the above conditions and to minimize light pollution.
(c)
For a recreational or athletic sporting event, the sports lighting system may only be energized in conjunction with any of the following events, and no others:
[1]
An event involving the participation, and under the control of, the educational or sports program of the school, university or college where the lights are located. No private organizations may use the school, university or college facility for lighted events. The number of outdoor events is limited to that set by the Board of Supervisors during the conditional use hearing.
[2]
A field practice for such event.
[3]
A playoff or championship game.
(d)
For a recreational or athletic sporting event, such as football, soccer, field hockey, lacrosse or marching band cavalcade, utilization of the sports lighting system is subject to the following restrictions:
[1]
A maximum of 20 lighted events per calendar year will be permitted on any one campus where permanent lighting is provided. Up to three additional lighted events shall be permitted each year for playoffs or championship games not part of a regular schedule of events. This limitation shall not apply to regularly scheduled, playoff, and/or championship events of the institution where the lighting system is installed.
[2]
The lights must be extinguished no later than 10:00 p.m.
[3]
A school, university or college that has been granted permission to illuminate a recreational facility may make formal application to the Board of Supervisors to extend the curfew hour past 10:00 p.m., not to exceed four evenings annually. The Board's decision to allow or not allow an extension of operating hours of the sports lighting shall be based in part on consideration of potential adverse consequences to adjacent residential properties.
[4]
All light posts shall be set back at least 50 feet from the property boundary.
[5]
As a part of the process of seeking approval, the school, university or college proposing to use outdoor lighting as permitted herein shall submit a lighting plan and associated information to the Township. In addition, the applicant shall submit a visual impact plan that demonstrates to the satisfaction of the Township that ordinance light trespass and direct glare requirements have been met.
(e)
Illuminances for recreational and sports lighting shall be in accordance with and shall not exceed the values contained in the latest edition of the Illuminating Engineering Society Lighting Handbook, Recommended Practice for Sports and Recreational Area Lighting.
(f)
The maximum luminance from any light source, including scoreboards, shall not exceed 2,000 cd/m2 as viewed from any location off site.
(g)
Modifications to installed lighting systems in conformance with the provisions of this article that would result in higher aiming angles, greater direct glare and/or greater off-site light trespass shall require a permit.
(h)
The amount of spill light from a sports/recreation facility as measured on adjacent properties or properties separated from the property of the school with the lighted field only by a public road, utility property or easement, shall not exceed 0.2 footcandle, horizontal or vertical, at any height or location on that property. Efforts to limit light pollution shall include measures such as altered lighting placement or additional site buffering.
(i)
The entity on whose premises the sports/recreation facility is situated shall be responsible for monitoring and reporting. Records of usage of lighting systems shall be maintained for Township inspection and shall be submitted as part of the annual permitting application.
(j)
As a condition for installing permanent outdoor illumination for active recreational and sports facilities accessory to public, private, and parochial schools, universities and colleges, the Board of Supervisors shall require the applying institution to take all reasonable steps, as recommended by a sound engineer hired by the Township, to mitigate noise resulting from nighttime events and its impact on the neighborhoods nearby the lighted facility.
(k)
If a sound amplification system will be used in conjunction with nighttime events permitted by this subsection, the institution shall provide a fully distributed sound system consisting of highly directional speakers in close proximity to and aimed into the seating area providing uniform coverage throughout the seating. Speakers must be selected to minimize amplification outside of the seating areas. Coverage across the playing field, if necessary, can be provided using a similar distributed system approach. The system design and performance will be subject to review and approval by the Township's engineers/consultants before permanent operation is authorized.
§ 155-1618 Religious facility.
A.
Area and bulk standards.
(1)
Minimum lot area: 10 acres.
(2)
Minimum lot width: 500 feet.
(3)
Minimum side yard and rear yard setbacks: 150 feet.
(4)
Maximum lot coverage. Maximum lot coverage shall comply with the standards set for the underlying zoning district.
(5)
Subject to the review and approval by the Board of Supervisors, the height limitations of this chapter shall not apply to church spires, steeples, or belfries.
C.
Off-street parking facilities shall be a minimum of 25 feet from the street right-of-way line and from side and rear property lines. Parking facilities shall be screened per § 155-1504C, and additional screening may be required, if determined necessary by the Township. Minimum off-street parking shall be required in accordance with Article XVIII.
D.
The applicant shall provide a traffic impact study that shall analyze traffic generation from the proposed use and all accessory uses and their impact on the surrounding street system, and shall include an assessment and plan for the circulation of pedestrians and users within and about the tract.
H.
The applicant shall provide certification from the Chester County Health Department regarding the adequate provision of sewage disposal.
§ 155-1619 Renewable energy systems.
A.
It is the purpose of these regulations to promote the safe, effective and efficient use of accessory renewable energy systems to reduce the consumption of utility-supplied energy, heat, hot water, or any combination of the above, while protecting the health, safety and welfare of the residents of the Township, through appropriate zoning and land-use controls. Where, in the course of reviewing a permit application for any renewable energy system, it is deemed advisable for the Township to retain the services of the Township Engineer or any other consultant, all reasonable costs therefore shall be borne by the applicant.
B. GEOTHERMAL ENERGY SYSTEM MICRO-TURBINE PANELS OUTDOOR WOOD-FIRED BOILER(1) (2) (3) (4) RENEWABLE ENERGY SYSTEM SOLAR ENERGY SYSTEM WIND ENERGY SYSTEM
Definitions. As used in this section, the following terms shall have the meanings indicated:
An energy generating system that uses the Earth's thermal properties, in conjunction with electricity, to provide for the heating and cooling of buildings.
Panels with rotors with diameter one foot or less, meant for areas with low to moderate wind speeds.
Also known as OWBs, outdoor wood-fired furnaces, outdoor wood-burning appliances, outdoor hydronic heaters, water stoves, or other such similar devices. A fuel burning device:
Designed to burn clean wood or other approved solid fuels.
Has a rated thermal output of less than 350,000 Btu per hour.
The manufacturer designs or specifies the device for outdoor installation or installation in structures not normally intended for habitation by humans or domestic animals, including structures like garages and sheds.
Heats building space or a fluid, or both, through the distribution, typically through pipes, of a fluid heated in the device, typically water or a mixture of water and approved, nontoxic antifreeze.
An energy system which makes use of recurring natural resources or by-products to produce energy without consuming nonrenewable resources nor causing significant disturbance to natural systems. Renewable energy systems include, but are not limited to: geothermal, solar, and wind energy systems.
An energy conversion system, including mechanical equipment, which converts solar energy to a usable form of energy to meet all or part of the energy or heating requirements of the on-site user.
An energy conversion system, typically consisting of a wind turbine, a tower, blades and associated controls and mechanical equipment, that converts wind energy to a usable form of energy to meet all or part of the energy requirements of the on-site user, and/or which is to be sold to a utility company to be used by others, and/or sold directly to other users. Wind energy systems include windmills where the energy is used directly and not converted into electricity.
C.
General requirements for all accessory renewable energy systems.
(1)
Permitting. A zoning permit and all other applicable permits shall be required prior to installation of any renewable energy system. Applicable manufacturer specifications shall be submitted as part of the application for any permit. In addition to documentation of compliance will all applicable portions of this section, all permit applications for renewable energy systems shall include:
(a)
Grid interconnection. Any renewable energy system connected to the utility grid shall provide written authorization from the local utility company acknowledging and approving such connection.
(b)
Net metering. When a property upon which a renewable energy system is installed also receives electrical power supplied by a utility company, excess electrical power generated and not presently needed for on-site use may be used by the utility company, as long as the electrical power generated is used primarily for on-site use. The owner of the renewable energy system shall provide written confirmation that the public utility company has been informed of the customer's intent to install an interconnected customer-owned generator and also approves of such connection. Systems not connected to the public utility grid shall be exempt from this requirement.
(2)
Mechanical equipment. All or any mechanical equipment associated with and necessary for the operation of a renewable energy system shall comply with all accessory setbacks for the zoning district in which the system is installed.
(3)
Transmission lines. All power transmission lines from any renewable energy system to any building or other structure shall be located underground, unless it can be demonstrated, to the satisfaction of the Zoning Officer, in consultation with the Township Engineer, that this is infeasible.
(4)
No advertising. Any renewable energy system, and any associated mechanical equipment and/or accessory structures shall not display any advertising, with the exception of any manufacturer's labels, warning placards, and the facility owner.
D.
Solar energy systems. Solar energy systems shall be permitted as an accessory use, subject to the provisions set forth herein. A system is considered an accessory solar energy system only if it supplies electrical power primarily for on-site use of principal or accessory uses permitted on the subject property and subject to the following:
(1)
Design. The design and installation of the solar energy system shall conform to applicable industry standards, such as those of the American National Standards Institute (ANSI), Underwriters Laboratories, the American Society for Testing and Materials (ASTM), or other similar certifying organizations, and shall comply with the Township Building Code and with all other applicable fire and life safety requirements.
(2)
Hazardous materials. No solar energy system shall contain hazardous substances as defined in the Pennsylvania Hazardous Sites Cleanup Act, 35 P.S. § 6020.101 et seq.
(3)
Lighting. Solar energy systems shall not be artificially lighted except to the extent required for safety or by any applicable federal, state or local authority.
(4)
Vehicular access. All solar energy systems shall be located where there is a means of vehicular access from a public or private street.
(5)
Glare.
(a)
Solar collectors shall be installed so as to prevent glare or concentrated solar radiation as may otherwise be directed onto other properties or onto roadways such that a nuisance situation is created. Antireflective surface materials or coatings shall be used to preclude glare to the extent feasible.
(b)
The applicant of the solar energy system shall submit with the application for permit a signed statement including the following:
[1]
Certification that the proposed system shall not produce glare or reflect concentrated solar radiation visible beyond the property lines of the property upon which the solar energy system is located such that a nuisance situation is created;
[2]
Acknowledgement that, should any glare or concentrated solar radiation produced prove to be visible beyond the property lines of the property upon which the solar energy system is located, at any time subsequent to the installation of the system, such that, in the opinion of the Zoning Officer, a nuisance situation or safety hazard arises for another property owner or the travelling public, the Township may at its discretion require mitigative action or may require the removal of the system or portion thereof generating the glare or reflected solar radiation;
[3]
Acknowledgement that, should any mitigation or system removal deemed necessary by the Township fail to be dealt with in accordance with the Township's determination within six months of notification of the landowner and/or system owner, or immediately in any case determined to be a safety hazard, the Township may implement such mitigation or remove such systems as it deems necessary, costs therefor to be reimbursed within 90 days, and, if not, a commensurate lien shall be placed upon the property; and
[4]
Acknowledgement that the obligations set forth herein shall continue so long as the subject solar energy system remains in operation and that any subsequent property owner shall be so notified.
(6)
Historic structures. If a solar energy system is proposed to be mounted on or located within 100 feet of any historic structure as may be designated by the Township or determined to be eligible for listing or listed on the National Register of Historic Places by the Pennsylvania Historical and Museum Commission or the National Park Service, such system shall be subject to approval by the Board of Supervisors following recommendation from the Historic Preservation Commission, upon a finding the proposed system will not adversely impact the historical significance or landscape context of the subject historic structure.
(7)
Solar access easements. A solar energy system shall be located to ensure solar access without reliance on adjacent properties. Where any applicant desires 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 office of the Chester County Recorder of Deeds.
(8)
Roof-mounted systems.
(a)
Under no circumstance shall the solar energy system extend beyond the edge of the roof.
(b)
Notwithstanding otherwise applicable height limitations, a roof-mounted solar energy system may exceed the height of the ridgeline of any sloping roof upon which it is mounted by no more than one foot, where the pitch of the roof exceeds a ratio of 1/3.
(c)
Notwithstanding otherwise applicable height limitations, a roof-mounted solar energy system on a flat roof, or where the pitch of the roof is less than a ratio of 1/3, may exceed the height of the roof at its highest point by no more than four feet.
(d)
Roof-mounted solar energy systems shall not be counted as adding to any impervious coverage calculation.
(e)
All roof-mounted systems must have/accommodate safe access for fire service and maintenance, as deemed appropriate by the Building Code Officer and/or Fire Marshal.
(f)
Structural integrity. For any roof-mounted solar energy system, the applicant must demonstrate to the satisfaction of the Building Code Officer, by credible evidence that the structural integrity of the structure is such that it can adequately support the roof-mounted system being considered.
(9)
Ground-mounted (freestanding) systems.
(a)
Ground-mounted solar energy systems shall only be permitted behind the principal structure and a minimum of 20 feet from any rear and side property lines, and shall be subject to the maximum impervious coverage limitations of the underlying zoning district.
(b)
Ground-mounted solar energy systems shall not be installed within the required front yard setback, shall not be located in the area between the front yard setback and the principal structure on the lot, nor shall be located along any street frontage.
(c)
Impervious coverage. For the purposes of this section, all "at grade" or "above grade" features and facilities relating to ground-mounted solar energy systems, including mechanical equipment, shall be considered impervious surface. The extent of impervious coverage of sloping panels shall be measured as equal to their horizontal footprint.
(d)
Ground-mounted solar energy systems shall not exceed 12.5 feet in height.
(e)
Proper aisleways between panel cluster sections of at least eight feet in width, shall be provided for safe access to clusters. DC/AC inverters shall be installed at each cluster, in addition to an automatic disconnect device.
(f)
Appropriate safety/warning signage concerning voltage shall be placed at ground mounted electrical devices, equipment, and structures. All electrical control devices associated with the installation shall be locked to prevent unauthorized access or entry.
(g)
Ground-mounted solar energy systems shall not be placed within any legal easement or right-of-way location, or be placed within any stormwater conveyance system or in any other manner that would alter or impede stormwater runoff from collecting in a constructed stormwater conveyance system.
(h)
If a ground-mounted solar energy system is ever removed, any earth disturbance as a result of the removal of the ground-mounted solar energy system shall be graded and reseeded to the satisfaction of the Township.
(10)
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 or properly maintain the solar energy system within six months from the date the system enters such a state or immediately in any case determined to be a safety hazard.
E.
Wind energy systems. Wind energy systems shall be permitted as an accessory use, subject to the provisions set forth herein. A system is considered an accessory wind energy system only if it supplies electrical power primarily for on-site use of principal or accessory uses permitted on the subject property and subject to the following:
(1)
Design. No more than one turbine shall be permitted per principal structure. A wind energy system made up of a number of adjacent micro-turbine panels is considered one system for the purposes of this subsection. The design and installation of the wind energy system shall conform to applicable industry standards, such as those of the American National Standards Institute (ANSI), Underwriters Laboratories, Det Norske Veritas, Germanischer Lloyd Wind Energies, the American Society for Testing and Materials (ASTM), or other similar certifying organizations, and shall comply with the Township Building Code and with all other applicable fire and life safety requirements. DC/AC inverters shall be installed at the base of each wind energy system, in addition to an automatic disconnect device.
(2)
Height limitations.
(a)
For the purposes of measuring height of a wind energy system, it shall be the distance measured from the ground surface of the system tower base to the highest point of the wind energy blade tip when extended upwards at 90° from the surface of the ground or any other higher point of the system.
(b)
The maximum height for a wind energy system shall not exceed 50 feet.
(c)
The minimum height of the lowest position of any wind turbine blade of a wind energy system shall be 15 feet above the ground. If the wind turbine proposed is a vertical-axis wind turbine (also referred to as a "helix-type" turbine), the height between the lowest point of the turbine and the ground may be reduced to 10 feet.
(d)
The maximum height for any roof-mounted wind energy system shall not exceed 10 feet above the peak of the highest roofline.
(3)
Setbacks.
(a)
All wind energy systems shall be set back a distance at least equal to 110% of the height of the wind energy system from all property lines, roadways, and any neighboring residential dwellings.
(b)
Wind energy systems shall not be installed within the required front yard setback and shall not be located along any street frontage.
(c)
All wind energy systems must be set back sufficiently from any aboveground utility lines, radio, television, or telecommunication towers so as to present no danger to those lines or structures, as certified by the applicant's engineer.
(d)
No portion of any wind energy system shall extend over parking areas, access drives, driveways or sidewalks.
(4)
Noise limitations. Wind energy systems shall not generate noise which exceeds 55 dB, or 10 dB above ambient noise, in any hour, whichever is higher. Noise is measured from the property line of the closest neighboring inhabited or occupied structure or nearest habitable or occupied structure setback line on any abutting property. The ambient sound measurement, known as "A-weighted sound level," is taken where the noise from the wind turbine cannot be heard, or with the wind turbine shut down. The ambient sound level shall be considered the level that is exceeded 90% of the time when the noise measurements are taken. Notwithstanding the above, the 55 decibels, or 10 decibels over ambient level, may be exceeded during short-term events such as utility outages and/or severe wind storms.
(5)
Vibration. A wind turbine shall not cause vibrations through the ground which are perceptible beyond the property line of the parcel on which it is located.
(6)
Braking. All wind energy systems shall be equipped with an adequate and redundant braking system to prevent excessive speed. Such system shall include aerodynamic overspeed controls (including variable pitch, tip, and other similar systems) and mechanical brakes. Mechanical brakes shall be operated in a fail-safe mode.
(7)
Lighting. Wind energy systems shall not be artificially lighted, except to the extent required by the Federal Aviation Administration (FAA).
(8)
Colors. Wind energy systems shall be a non-obtrusive color acceptable to the Township, such as white, off-white or gray.
(9)
Shadow flicker. All wind energy systems shall, to the extent feasible, be sited to prevent shadow flicker on any occupied structure on adjacent properties.
(10)
Climbing. Wind energy systems shall be equipped with an appropriate anti-climbing device, or otherwise made unclimbable, to prevent unauthorized access to the system.
(11)
Structural integrity. For any roof-mounted wind energy systems, such as micro-turbine systems, horizontal-axis turbines, or vertical-axis turbines, the applicant must demonstrate to the satisfaction of the Building Code Officer, by credible evidence that the structural integrity of the structure is such that it can adequately support the roof-mounted system being considered.
(12)
Historic structures. If a wind energy system is proposed to be mounted on or located within 100 feet of any historic structure as may be designated by the Township or determined to be eligible for listing or listed on the National Register of Historic Places by the Pennsylvania Historical and Museum Commission or the National Park Service, such system shall be subject to approval by the Board of Supervisors following recommendation from the Historic Preservation Commission, upon a finding the proposed system will not adversely impact the historical significance or landscape context of the subject historic structure.
(13)
Decommissioning. If a wind energy system is ever removed, any earth disturbance as a result of the removal of the system shall be graded and reseeded to the satisfaction of the Township.
(14)
Abandonment. If the wind energy system is ever abandoned or enters into a state of disrepair, it shall be the responsibility of the property owner to remove or properly maintain the wind energy system within six months from the date the system enters such a state or immediately in any case determined to be a safety hazard.
F.
Geothermal energy systems. Geothermal energy systems shall be permitted as an accessory use, subject to the provisions set forth herein. A system is considered an accessory geothermal energy system only if it supplies electrical power primarily for on-site use of principal or accessory uses permitted on the subject property and subject to the following:
(1)
County approvals. An approved Chester County Health Department permit shall be submitted as part of the permit application. Based on its proposed overall land disturbance, an approved Chester County Conservation District permit may also be required as part of the permit application.
(2)
Design. The design, installation and operation of geothermal energy systems shall be permitted in conformance with all applicable regulations under Section 501 of the Chester County Health Department Rules and Regulations and shall conform to applicable industry standards, including those of the American National Standards Institute (ANSI), the International Ground Source Heat Pump Association (IGSHPA), the American Society for Testing and Materials (ASTM), the Air Conditioning and Refrigeration Institute (ARI), or other similar certifying organizations, and shall comply with the Township Building Code and with all other applicable Township requirements.
(3)
Stormwater management. Any application for a geothermal energy system shall include a stormwater management plan as required under Chapter 116.
(4)
Heat-transfer fluids. Closed-loop geothermal systems shall utilize heat-transfer fluids conforming to all standards set by the PADEP. A permanent sign must be attached to the heat pump specifying that only approved heat-transfer fluids must be used.
(5)
Disrepair. If the geothermal energy system enters into a state of disrepair, it shall be the responsibility of the property owner to properly maintain the geothermal energy system or to decommission the system within six months from the date the system enters such a state or immediately in any case determined to be a safety hazard.
(6)
Abandonment and decommissioning.
(a)
Where the use of any geothermal energy system is abandoned, it shall be the responsibility of the property owner to cap and seal the in-ground portion(s) of the system. The property owner may further be required to evacuate (pump out) the fluid(s) in the system and to fill the borehole(s) with bentonite or an acceptable alternative.
(b)
If a geothermal energy system is ever removed, any earth disturbance as a result of its removal shall be in accordance with an approved erosion and sediment control plan and fully graded and reseeded to the satisfaction of the Township.
G.
Outdoor wood-fired boilers. Outdoor wood-fired boilers. Outdoor wood-fired boilers or outdoor hydronic heaters, known generally as "OWBs," shall be permitted as an accessory use, subject to § 155-1619C and the provisions set forth herein. A system is considered an accessory OWB only if it supplies electrical power primarily for on-site use of principal or accessory uses permitted on the subject property and subject to the following:
(1)
Minimum acreage. A minimum of five acres are required for placement of an OWB.
(2)
Design. The design and installation of OWBs shall conform to applicable industry standards, including those of the United States Environmental Protection Agency (EPA), American National Standards Institute (ANSI), Underwriters Laboratories (UL), the American Society for Testing and Materials (ASTM), or other similar certifying organizations, and shall comply with the Township Building Code and with all other applicable fire and life safety requirements.
(3)
Compliance with other regulations. At the time of permit application, the owner of the OWB shall provide evidence indicating that the maintenance and operation of the OWB will be in compliance with applicable operations and performance standards set forth by the PA DEP as well as in compliance with all air emissions quality standards promulgated by the EPA, PA DEP, or other relevant state or federal agency including emissions of dust and particulates.
(4)
Setback requirements. All OWBs shall be located a minimum distance of 200 feet from any property line or street right-of-way.
(5)
Historic structures. If an OWB is proposed to be located within 100 feet of any historic structure as may be designated by the Township or determined to be eligible for listing on the National Register of Historic Places by the Pennsylvania Historical and Museum Commission or the National Park Service, such OWB system shall be subject to approval by the Board of Supervisors following recommendation from the Historic Preservation Commission, upon a finding the proposed OWB will not adversely impact the historical significance or landscape context of the subject historic structure.
(6)
Stack. All OWBs shall have a permanent attached stack. The minimum height of all stacks shall be 20 feet above the ground, and stacks shall otherwise installed according to the manufacturer's specifications.
(7)
Fuel requirements. No person that operates an OWB shall use a fuel other than the following:
(8)
Abandonment or disrepair. If the OWB is ever abandoned or enters into a state of disrepair, it shall be the responsibility of the property owner to remove or properly maintain the OWB within six months from the date the system enters such a state or immediately in any case determined to be a safety hazard.
(9)
Decommissioning. Any earth disturbance as a result of the removal of the OWB shall be graded and reseeded.
§ 155-1620 Restaurant.
A.
All restaurants shall provide documentation to the Township that verify all applicable Chester County Health Department requirements have been met.
B.
All restaurants shall install or cause to be installed a grease interceptor or grease trap.
C.
All restaurants shall contain a hood fire-suppression system in accordance with the requirements of the International Fire Code.
D.
Trash receptacles shall be provided outside for patron use, however shall not be located within 40 feet of a residential use, lot, or district. A trash storage area shall be provided that is screened from the street and adjacent properties to create a visual barrier from the street and adjacent properties. All trash areas shall be located to permit safe and accessible trash removal.
E.
Restaurant drive-through service may be permitted by conditional use subject to the standards of § 155-1609.
F.
Outdoor dining may be permitted as an accessory use to a restaurant in the B or MP Zoning Districts subject to the following criteria:
(1)
An area not to exceed 1,500 square feet that is on outdoor sidewalk, patio or deck areas, and which directly abuts the restaurant building may be used for the purpose of furnishing food and beverages to the patrons of the restaurant.
(2)
Outdoor dining areas must meet the setbacks for the zoning district where the restaurant is located and must be separated from all parking areas, streets or driveways by a barrier which is at least four feet in height and no higher than six feet in height. The barrier must prevent patrons of the restaurant from exiting directly onto the parking area, street or driveway adjacent to the outdoor dining area and instead must require the patrons of the restaurant to exit the outdoor dining area in a safe manner, either onto a sidewalk or through another means of ingress and egress which is approved by the Township Engineer. The barrier may be a fence, wall, or another suitable barrier approved by the Township Engineer which will prevent a hazardous condition and protect the health and safety of outdoor diners from vehicular traffic on adjacent parking areas, streets or driveways.
(3)
Prior to serving food or beverages outdoors, the restaurant must obtain all necessary permits from all governmental and municipal agencies having jurisdiction, including, but not limited to, the Chester County Health Department and Pennsylvania Liquor Control Board.
(4)
The area used for outdoor dining shall only be used for dining and may not be used for outdoor entertainment or amplified sound.
(5)
All food or beverages served in the outdoor dining area shall be served in nondisposable containers.
§ 155-1621 School.
A.
The minimum lot size for a school shall be 10 acres.
B.
All other applicable area and bulk regulations of the underlying district shall apply except that when located adjacent to a residential use, lot, or district, minimum yards shall be 100 feet.
C.
Outdoor recreation areas shall not be located within the front yard and must be set back a minimum of 25 feet from all lot lines. Off-street parking areas shall not be utilized as recreation areas, and shall be sufficiently screened to minimize disturbance of residential areas.
D.
Except where separated by a minimum of 300 feet, outdoor recreation areas shall be screened from the view of adjacent agricultural or residential uses, lots, or districts by means of a buffer planting strip as outlined under § 155-1504C.
E.
Primary access shall be from an arterial or major collector road. When the use abuts other uses or lots, access shall be via a shared common accessway with those adjoining uses and lots so as to limit the number of street access point and potential vehicle and pedestrian movement conflicts.
G.
The use shall have a cartway for dedicated vehicle movement and automobile and school bus stacking lanes for student dropoff/pickup that is sufficient for the type of educational use being developed. Interior circulation planning shall take into account the unique situation of an educational setting, including pedestrian, bicycle, and vehicle movements and automobile and school bus dropoff/pickup, waiting, and stacking areas. Stacking lanes and waiting areas shall be clearly marked and shall not be shared with parking circulation aisles or traffic flow or pedestrian circulation areas.
H.
For any proposed educational use with an enrollment of 50 or more students, the applicant shall provide a traffic impact study. The traffic impact study shall analyze the traffic generation from the proposed use/development and its potential impact on the surrounding road system. An assessment and plan for the circulation of pedestrians and users within and near the proposed use and lot shall be included. Enrollment, for the purposes of this section, shall be defined as the largest number of students on the site at any one time during a seven-day time period.
I.
The applicant shall demonstrate that all necessary approvals and permits from state and local agencies have been obtained.
§ 155-1622 University.
A.
Purpose and intent.
(1)
It is the intention of this section to regulate university uses and accessory uses thereto within the R-1 Residential/Agriculture District.
(2)
The Township recognizes that university use, of necessity, is an intensive land use having special needs associated with it, such as, but not necessarily limited to, athletic facilities, student housing, student and faculty parking, event parking, adequate existing and proposed streets, intersections and driveways to accommodate vehicular traffic, pedestrian access, and the integration and compatibility of such uses with contiguous and nearby established uses.
(3)
It is the intent of the Township to establish land use regulations that foster university uses, while at the same time protecting existing land uses, especially residential uses, and making adequate provision for the protection and enhancement of the public health, safety and general welfare of all of the Township's residents.
B.
Use regulations.
(1)
Where university uses are permitted, a building may be erected, altered or used and a lot may be used for any of the following purposes by-right, subject to the area and bulk regulations, design standards and other regulations of this section.
(a)
Educational facilities, including classrooms, laboratories required as a part of the curriculum, school libraries and/or administrative offices.
(b)
Student union, including food service, bookstore, health and counseling, and other student services.
(c)
Auditorium.
(d)
Residence halls and dormitories.
(e)
Student recreation center.
(f)
Athletic fields.
(g)
Athletic/field house.
(h)
Stadium.
(i)
Gymnasium and indoor arenas.
(j)
Parking lot.
(2)
Where university uses are permitted, a building may be erected, altered or used and a lot may be used for any of the following purposes conditional use, subject to the area and bulk regulations, design standards and other regulations of this section.
(b)
Any use not specifically listed under § 155-1622B(1) that the Zoning Officer determines to be consistent with that of a university use.
C.
Existing facilities. In those zoning districts where university uses are permitted, all existing buildings, structures, facilities, and/or accessory buildings, structures and facilities of an established educational use, lawfully existing on the effective date of this chapter, are herewith recognized and protected as existing permitted uses to the extent provided by law.
D.
Area and bulk regulations. The following area and bulk regulations shall apply to all university uses.
(1)
Minimum lot size: 10 gross acres.
(2)
Lot coverage: 40% maximum.
(3)
Green area: 60% minimum.
(4)
Building setback line: 100 feet minimum.
(5)
Yards, side and rear: 60 feet minimum, except when contiguous to a neighboring residential use, which shall be 100 feet minimum, with the 20 contiguous feet nearest the lot line planted and permanently maintained as a buffer area.
(6)
Building height. The maximum height of buildings or other structures erected, enlarged, or used shall be 35 feet. Additional height may be considered by the Board Supervisors upon the applicant demonstrating to the satisfaction of the Supervisors the additional height is necessary for the project to be viable as part of the conditional use application.
(7)
Contiguously owned properties. For all structures and/or facilities proposed for parcels contiguous to the existing campus area, the minimum building setback standards may be modified by the Board of Supervisors. Contiguous parcels located in Thornbury Township, Delaware County, may also be utilized for this purpose and all properties shall be under common ownership.
E.
New and expanded facilities. In those zoning districts where university uses are permitted, any newly proposed building, structure, facility, and/or accessory building, and any significant additions or expansions to an existing building, for a university use shall be subject to a conditional use.
F.
The following design standards shall apply, unless other applicable regulations of the zoning district in which the property is located are more stringent, then the more stringent and/or additional regulation(s) specified herein shall apply and shall be considered mandatory.
(1)
When a university use is proposed for development opposite, adjacent to, or within 100 feet of existing residential dwellings, the following special regulations shall apply unless otherwise approved by the Board during the conditional use process.
(a)
Screening. The following regulations shall apply.
[2]
Trees shall have a minimum planted height of eight feet at the time of planting. The Board may grant a conditional use to approve an alternate landscape plan not meeting these requirements if it determines that such completely planted visual barrier is unnecessary to protect adjacent property owners and that the proposed landscape plan creates an adequate landscape enhancement of the project.
(2)
Parking lots/spaces. The requirements of Article XVIII shall apply in addition to the following regulations:
(a)
No parking lot or parking spaces shall be permitted within a front yard or side yard along an existing street opposite existing residential dwellings unless separated by the landscape buffer required by § 155-1622F(1).
(b)
When one or more buildings, structures, or facilities are proposed to be constructed, all parking lots and parking spaces shall be located principally behind or within a triangle or quadrangle formed by the buildings, unless otherwise approved by the Board as a conditional use.
(c)
The adequacy and safety of vehicular and pedestrian access to parking lots and parking spaces from existing contiguous or adjacent public streets, and the capacity of the existing street system to accommodate the proposed conditional use shall be demonstrated by the applicant's submission of a traffic study with the conditional use application.
(3)
Loading. The requirements of Article XVIII shall apply in addition to the following regulations:
(a)
No loading space, area, or activity shall be permitted within a front or side yard along an existing street opposite existing residential dwellings; provided, one student loading space/area contiguous to a dormitory, such space being located as approved by the Board, shall be provided for each 100 students residing therein, which shall be devoted to loading/unloading of personal effects of students.
(b)
Loading space or loading areas shall be located principally behind or within a triangle or quadrangle formed by the rear of such buildings within an area separately and permanently marked and devoted to such purpose only.
(4)
Landscaping. The applicant shall submit a proposed landscaping plan with the conditional use application. The requirements of § 155-1504 and § 115-61 shall apply, unless otherwise approved by the Board in the conditional use process.
(5)
Storage. The requirements of § 155-1501 shall apply in addition to the following regulations:
(a)
No storage shall be located in either a front or side yard;
(b)
Storage proposed to be located in a rear yard shall be buffered by a planted landscape screen as required by § 155-1622F(1); and
(c)
Trash and recycling dumpsters and/or containers shall be enclosed in a masonry or wooden-fenced accessory structure (no roof shall be required) located to the rear of buildings or facilities, and shall not be visible from the street.
(7)
Required inspections. All university uses may be subject to an annual inspection conducted by the Township Fire Marshal and the Township Building Inspector to ensure compliance with these regulations.
G.
Traffic study submission requirement. The applicant shall submit with the conditional use application a traffic study prepared by a Pennsylvania registered professional engineer having a specialty in traffic engineering and design. This study shall include:
(1)
The transportation study area and the transportation systems to be studied. Existing transportation conditions for roadway links and intersections serving the university must be described and the existing level of use analyzed. Potential transportation impacts of future parking development must be assessed for a three year projection which is based on enrollment and census data. Recommendations for potential system or service improvements to accommodate the projected transportation impacts of university development shall be included. The study shall identify specific improvements designed to reduce or avoid impacts created by campus development on existing and future residential neighborhoods.
(2)
Internal circulation and facilities. The study shall describe existing and proposed internal roads for vehicular traffic; existing and proposed connections to the public street network; plans for street openings and closings, and possible impacts on the adjoining transportation system and adjoining zoning districts; existing and proposed facilities and accommodations for public transportation, pedestrian circulation, bicycle paths and other transportation methods.
(3)
All proposed improvements shall be presented with a commitment schedule based on projected enrollment.
(4)
In addition to such other reasonable conditions as the Board determines necessary for the protection of the public health, safety and general welfare of the community and the enforcement of the intent and purposes of this section, the Board shall have the additional specific power and authority to impose as a condition of any approval the implementation by the applicant of a plan for the handling of vehicular and pedestrian traffic deemed adequate by the Board that will most efficiently and effectively relieve traffic impacts on existing streets and intersections impacted by the proposed use and funnel traffic generated by the proposed use to those streets, intersections and other traffic arteries that will lessen such public impacts.
§ 155-1623 Veterinary clinic and dog day care.
A.
All veterinary clinics and/or dog day-care facilities shall be in accordance with the following:
(1)
The operator shall ensure sanitary conditions are in conformance with appropriate health authorities and shall be maintained at all times.
(2)
Exercise areas are permitted on the side or rear yard, shall be within a secure enclosure, and shall be completely screened from adjacent roads and residentially zoned properties. Exercise areas shall be setback at least 50 feet from all lot lines, 75 feet from residentially zoned properties, 125 feet from wells, springs, sinkholes, ponds or streams, and shall not be within any swale or drainageway.
(3)
The sale of related products shall remain accessory and shall occupy no more than 25% of the floor area of the principal building.
(4)
Any animal outdoors must be accompanied by either its owner or an employee of the facility and must be leashed or contained in a secure enclosure.
(5)
Except for as needed bathroom walks, all animals are to be confined to a sound proof and odor proof building that is completely closed and climate controlled between the hours of 10:00 p.m. and 7:00 a.m.
C.
A dog day care shall not be permitted in any residential district.