Upper Uwchlan Township
City Zoning Code

Detached private garage, private parking space, private stables, barn, shed, shelter for pets owned by the property owner, swimming pool, bath house, private greenhouse, and quarters for guests and for servants or tenants, employed on the premises; provided, however, that where such quarters are within a building detached and separate from the principal dwelling, there shall be a minimum lot area equal to the product of the minimum lot area of the district multiplied by the number of separate housekeeping units on the lot; and further provided that the rental or leasing of any of such quarters shall not be permitted.

No commercial vehicle, or part thereof or combination thereof, having a registered gross established weight, either solely or in combination exceeding 26,001 pounds, or which is in excess of 18 feet in length, shall be parked, stored or maintained on any lot in any residential district in § 200-8 of this chapter, except a construction vehicle or vehicles owned by a contractor or other tradesman temporarily engaged in the performance of actual work or delivery of materials to any such lot. The proper maintenance and storage of farm equipment, horse vans, boats, recreation vehicles or a motor home, a recreational trailer or a farm truck, as the latter terms are defined in the Pennsylvania Vehicle Code,[1] on a lot owned or occupied by the owner of such equipment or vehicle, shall not be deemed to be prohibited by this section. For the purposes of this section, the term "registered gross weight" shall have the meaning ascribed to it in the definitions section of the Pennsylvania Vehicle Code.

The keeping of animals, exclusive of customary household pets and domesticated chickens when in accordance with § 200-67.1, shall not be permitted except on property qualifying for agricultural use in accordance with § 200-67 of this chapter, with the following exception: The keeping of not more than four horses shall be permitted on lots of three acres or more. An additional one acre per horse shall be required for each additional horse over four.

Home occupations and no-impact home-based businesses.

The following standards shall apply to the operation of any bed-and-breakfast facility permitted by this chapter:

Limitation in number. Only one microwave antenna shall be permitted per lot; except retail sales of microwave antennas for permanent display purposes, and provided further that such display shall be in accordance with the required setback provisions of the applicable commercial district. The microwave antenna shall be considered as a permissible accessory use, subject to the rules and regulations of the section, in all zoning districts.

Size permitted.

Location and mountings.

General regulations.

Permit procedure. Before erection of any microwave antenna, a permit application shall be made to the Township, a permit issued and a fee paid, the amount of which shall be set from time to time by resolution of the Township Supervisors. All applications for a microwave antenna permit shall be made to the Zoning Officer in writing on a form furnished by the Township and shall be accompanied by plans, in duplicate and to scale, showing:

Gardening, incidental to residential uses, shall be permitted without restriction.

To qualify as an agricultural use, the minimum lot size shall be 10 acres.

Except for a dwelling, no farm building or structure shall be constructed closer than 75 feet to a front property line nor closer than 100 feet to a side or rear property line.

No dwelling shall be constructed closer to any abutting property than permitted by the setbacks of the applicable zoning district.

Silos and bulk bins shall be exempted from area and bulk regulations when attached to an existing building.

The storage or stockpiling of manure or other odor or dust producing substance shall not be permitted within 100 feet of any lot boundary or watercourse.

All grazing and pasture areas shall be fenced.

The keeping of animals, exclusive of customary household pets and domesticated chickens when in accordance with § 200-67.1, shall not be permitted, except on property qualifying for agricultural use in accordance with the provisions of this section with the following exception: The keeping of not more than four horses shall be permitted on lots of three acres or more. An additional one acre per horse shall be required for each additional horse over four.

Slaughtering operations for commercial purposes, when authorized by the Zoning Hearing Board as a special exception, shall be permitted only within commercial and industrial districts on lots of not less than five acres.

All such products displayed for sale shall be produced on the agricultural land contiguous to said building.

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

Domesticated female chickens shall be allowed on lots with single-family dwellings in all residential zoning districts.

The maximum number of chickens permitted on a lot with a single-family dwelling shall be determined based on the zoning district and lot size as set forth below:

Roosters are prohibited.

All chickens must be maintained in an enclosed shelter which has a roof or overhead covering and which may only be located in a fenced-in area. The fence must be a minimum of four feet and a maximum of six feet in height.

It shall be unlawful for the owner of chickens to allow the same to run at large upon any public land, including, but not limited to, sidewalks, streets, roads, alleys, parks, or upon another person's private property.

All enclosures and structures must meet all applicable zoning requirements. A zoning permit shall be required for the construction of any enclosure that is less than 200 square feet. A building permit shall be required for the construction of any enclosure that is 200 square feet or greater.

All owners of chickens must maintain sanitary living conditions for the chickens so that the keeping of chickens does not become a public or private nuisance. Owners shall not allow feces from the chickens to accumulate on the owner's land such that it becomes a nuisance caused by odors.

All chicken feed must be stored in rodent-proof closed containers.

Nonprofit facilities, including but not limited to parks, playfield, playground, arboretum, conservation area, wildlife sanctuary, winter sport, swimming pool, boating, horseback riding, fishing, foot, bicycle and bridle path, picnic area, tennis and other racquet game court or any similar use characteristically identified with open space areas, and of a noncommercial nature, but in accordance with the following development standards:

Any of the following uses when permitted by the Zoning Hearing Board as a special exception as provided in Article XX.

Development plans for any use under this section shall be subject to review and approval by the Township.

Minimum lot size shall be five acres.

Any structure, building, parking, storage, loading or paved areas, excluding foot and bicycle paths, and other than necessary accessways to a public street, shall not be located closer than 100 feet to any lot line, and shall be buffered from dwellings in accordance with § 200-77 if located within or abutting a residential district.

If practical, vehicular access for the use shall not be from any local street in a residential district or residential development.

Auxiliary uses 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.

Minimum tract size shall be five acres and there shall be a maximum tract density of 15 campsites per acre.

Campsite requirements.

Accessory uses, such as management headquarters, recreational facilities, and other uses and structures customarily incidental to operation of a campground are permitted, provided:

Vehicular access.

At least 1 1/2 parking spaces shall be provided in the campground for each campsite. At least one parking space shall be provided on each campsite. Off-street parking may be provided in common parking areas.

Other regulations.

To provide locational criteria for the designation of open space areas in order to accomplish the following:

To provide standards for ownership and management of open space areas which are sustainable on a long-term basis.

To promote achievement of the aims and objectives of the Upper Uwchlan Township Comprehensive Plan relative to the enhancement of environmental resources.

To support the specific objectives of the Upper Uwchlan Township Open Space, Recreational and Environmental Resources Plan.

The location, shape, size and character of the restricted open space should take into consideration the natural features and physical characteristics of the site. Where applicable, the applicant shall comply with the specific objectives of the Upper Uwchlan Township Open Space, Recreation, and Environmental Resources Plan and the Township Comprehensive Plan.

The applicant shall demonstrate conservation of scenic views from public roads and neighboring residential properties to the greatest degree practicable, and shall screen proposed development from view through introduction of landscape material and/or by taking advantage of the location of existing vegetation, structures, or changes in topography.

Land within the Flood Hazard District shall comply with the terms of Article XIII of this chapter.

Land within areas of steep slopes shall comply with the terms of § 200-107 of this chapter.

The applicant shall demonstrate compliance with applicable state and/or federal regulation of streams and wetlands. For any proposed activity requiring the submission of a wetland delineation report, stream or wetland encroachment permit, or mitigation plan to the Pennsylvania Department of Environmental Protection (DEP) and/or U.S. Army Corps of Engineers or successor agencies, a copy of all such documentation shall be submitted to the Township.

Tree masses, tree lines, hedgerows, fence lines, rock outcroppings and other noted landscape features shall be inventoried in accordance with the site analysis requirements of § 162-9D of Chapter 162, Subdivision and Land Development. Outside of tree masses, tree lines, hedgerows, individual freestanding trees over six inches diameter at breast height and native flowering trees and shrubs also shall be inventoried. Inventoried landscape features shall be preserved to the greatest degree practicable. Removal or disturbance of such landscape features shall not occur on more than 35% of the total area they occupy, except where the Board of Supervisors is satisfied overall community planning and open space resource protection objectives are best served through allowance for additional disturbance.

Areas designated as restricted open space shall be consistent with the Upper Uwchlan Township Open Space, Recreation, and Environmental Resources Plan. The location and layout of restricted open space shall be configured so as to promote adherence to the resource protection standards above, and shall further conform to the following conditions:

Areas designated as restricted open space may be used for any of the following:

Whenever practicable, restricted open space shall be designed as a contiguous area between residential areas, with pedestrians and visual access available to all residents of the development.

Restricted open space shall be interconnected with restricted open space on abutting parcels wherever possible including, where appropriate, provisions for pedestrian pathways for general public use to create linked systems within the Township and to provide reasonable pedestrian access to all residential, recreational and commercial areas and other destinations within and adjacent to the proposed development.

Where deemed appropriate by the Board of Supervisors, restricted open space shall be provided with sufficient perimeter parking, and with safe and convenient access by adjoining street frontage or other rights-of-way or easements capable of accommodating pedestrian, bicycle, and maintenance and vehicle traffic, and containing appropriate access improvements.

At the discretion of the Board of Supervisors, a portion of the required restricted open space may be utilized to meet the requirements of § 162-54 of Chapter 162, Subdivision and Land Development, where all criteria of this section and said § 162-54 are met.

Where development including required restricted open space is planned to occur in two or more development phases, a proportionate amount of required restricted open space shall be permanently recorded with each phase.

Where applicable to restricted open space, design standards including, but not limited to those for parking, access, interior circulation, sewer and water systems, erosion and sedimentation control, stormwater management, landscaping and screening, storage, utilities, and lighting, shall comply with the applicable provisions of this chapter and Chapter 162, Subdivision and Land Development.

Offer of dedication.

Homeowners' or community association. The restricted open space land and associated facilities may be held in common ownership by a homeowners' or community association. The association shall be formed and operated under the following provisions:

Condominium association.

Dedication of conservation easements. The Township may, but shall not be required to, accept easements for public use of any portion or portions of restricted open space where title is to remain in common ownership by condominium, community or homeowners' association, provided:

Transfer of conservation easements to a private conservation organization. With the permission of the Township, an owner may transfer easements to a private, nonprofit, organization recognized by the Township, among whose purpose it is to conserve open space or natural resources, provided that:

Private ownership of restricted open space.

Maintenance of restricted open space. In the event that the party designated or organization established to own and maintain restricted open space, or any successor organization, shall at any time after establishment of the development fail to maintain the restricted open space in reasonable order and condition in accordance with the approved open space management plan, the Township may serve written notice upon such organization or upon the residents of the development setting forth the manner in which the organization has failed to maintain the restricted open space in reasonable condition, and said notice shall include a demand that such deficiencies of maintenance be cured within 30 days thereof, and shall state the date and place of a hearing thereon which shall be held within 14 days of the notice. At such hearing the Township may modify the terms of an extension of time within which they shall be cured. If the deficiencies set forth in the original notice or in the modifications thereof shall not be cured within said 30 days or any extension thereof, the Township, in order to preserve the taxable values of the properties within the development and to prevent the restricted open space from becoming a public nuisance, may enter upon said restricted open space and maintain the same for a period of one year. Said entry and maintenance shall not constitute a taking of said open space, nor vest in the public any rights to use the restricted open space except when the same is voluntarily dedicated to the public by the residents and owners. Before the expiration of said year, the Township shall, upon its initiative or upon the request of the organization theretofore responsible for the maintenance of the restricted open space, call a public hearing upon notice to such organization or to the residents of the development, to be held by the Township, at which hearing such organization or the residents of the development shall show cause why such maintenance by the Township shall not, at the option of the Township, continue for a succeeding year. If the Township shall determine that such organization is ready and able to maintain said restricted open space in a reasonable condition, the Township shall cease to maintain restricted open space at the end of said year. If the Township shall determine that such organization is not ready and able to maintain said restricted open space in a reasonable condition, the Township may, in its discretion, continue to maintain said restricted open space during the next succeeding year and, subject to a similar hearing and determination, in each year thereafter. The decision of the Township shall be subject to appeal to court in the same manner, and within the same time limitation, as is provided for zoning appeals by this chapter. The cost of such maintenance by the Township shall be assessed ratably against the properties within the development that have a right of enjoyment of the restricted open space and shall become a tax lien on said properties. The Township, at the time of entering upon said restricted open space for the purpose of maintenance, shall file a notice of such lien in the office of the Prothonotary of the county, upon the properties affected by such lien within the development.

Any application for tentative plan approval or for conditional use approval for development requiring restricted open space in accordance with this section shall contain a conceptual open space management plan providing for the long term management of the restricted open space which is to be created as part of the development. Such a plan shall include a discussion of a) the manner in which the restricted open space will be owned and by whom it will be managed and maintained; b) the specific conservation, land management and agricultural techniques and practices which will be used to conserve and perpetually protect the restricted open space, including, for example, sewage system management and/or stormwater management, where applicable, forest stewardship planning, anticipated mowing schedules, management of invasive vegetation, provision for introduction of landscape materials, trail maintenance, etc.; c) the professional and personnel resources expected to be necessary in order to maintain and manage the property; d) the nature and extent of public or private access that is planned for the restricted open space and the means by which such access shall be managed and/or controlled, as appropriate; and e) the source(s) and approximate amounts of funding that will be available for such management, preservation and maintenance on a perpetual basis. The adequacy and feasibility of this conceptual management plan as well as its compatibility with the open space resource protection objectives of Subsection A shall be a factor in the approval or denial of the tentative plan or conditional use application by the Board of Supervisors.

The conceptual open space management plan shall be transformed into a more detailed open space management plan and presented to the Township for review and approval with the preliminary subdivision and land development plan. The Board of Supervisors may require that the management plan be recorded, with the final subdivision and land development plans, in the office of the Recorder of Deeds of Chester County. In order to allow for the changing needs inherent in the perpetual management of land, the management plan shall contain a provision to the effect that it may be changed by written application to the Board of Supervisors, so long as the proposed change is feasible and consistent with the purposes of preservation of open space set forth in this section and so long as the plan for such change avoids a likelihood of the obligation for management and maintenance of the land falling upon the Township without the consent of the Board of Supervisors, and the approval of the Board of Supervisors in that regard shall not be unreasonably withheld or delayed.

All landscape improvements, plantings, accessways, and recreational facilities within designated restricted open space areas shall be provided by the developer as applicable. A performance bond or other securities shall be required to cover costs of all installation of proposed improvements within the restricted open space. The performance bond or other security shall be in the same form and adhere to the same conditions as otherwise required for proposed improvements under Chapter 162, Subdivision and Land Development.

An appropriate portion of the performance bond or other security will be applied by the Township should the developer fail to install the plantings or recreational facilities required by the approved land development agreement.

Ownership. The tract of land to be developed shall be in one ownership, or shall be the subject of application, filed jointly by the owners of the entire tract, and shall be under unified control. If ownership of the entire tract is held by more than one person or entity, the application shall identify and be filed on behalf of all the said owners. Approval of the plan shall be conditioned upon agreement by the applicant or applicants, that the tract shall be developed under single and separate ownership directly in accordance with the approved plan. If ownership of all, or any portion of the tract changes subject to approval of the plan, no site preparation or construction by such new owner or owners shall preview the terms and obligations of the approved plan and agree in writing to be bound thereby with respect to development of the tract.

Sewer and water facilities. The tract of land shall be served by water and sanitary sewer facilities deemed applicable by the Board. Such facilities shall be designed and constructed in compliance with those sections regulating sewage disposal and water supply of Chapter 162, Subdivision and Land Development, and/or this chapter.

Development plan. The application for development shall be accompanied by a plan or plans showing in detail the proposed uses, including but not limited to, the type of uses, location and square footage of buildings, parking and access, loading facilities, landscaping, screening, and lighting. The plan(s) shall cover the entire tract, regardless of any intended phasing of development.

Development stages and permits. The development of a tract, carried out in either a single phase or in stages, shall be executed in accordance with a development agreement. The owner, developer, and Township shall enter into said agreement, embodying all details regarding compliance with this chapter to assure the binding nature thereof on the overall tract and its development, which agreement shall be recorded with the final development plan.

Stormwater management. The control of erosion and sediment during construction, and the ongoing management of stormwater on the tract shall be accomplished in accordance with the applicable section of Chapter 162, Subdivision and Land Development.

Covenants and restrictions. The language, terms and conditions of any proposed covenants or restrictions shall be subject to review and recommendation by the Township Solicitor.

Parking shall be in accordance with § 200-73 of this chapter.

Loading and unloading shall be in accordance with § 200-74 of this chapter.

Access and traffic control shall be in accordance with § 200-75 of this chapter.

Interior circulation shall be in accordance with § 200-76 of this chapter.

Screening shall be in accordance with § 200-77 of this chapter.

Landscaping shall be in accordance with § 200-78 of this chapter.

Lighting shall be in accordance with § 200-79 of this chapter.

Outdoor display and storage. All uses, excepting parking lots and gasoline sales, shall be completely enclosed within a building. No merchandise, goods, articles, or equipment shall be stored, displayed, or offered for sale outside any building except seasonal articles which are too large or otherwise infeasible to be stored indoors. Such articles shall be stored adjacent to the building housing the tenant selling the articles, and shall be enclosed by either walls or opaque fencing designed to be architecturally compatible with the building. Such enclosure shall be at least six feet high. Any such outdoor display area shall be considered sales floor area for purposes of computing building coverage and parking requirements.

Architectural integrity. Any planned business center constructed pursuant to this section shall be designed as an architecturally integrated unit.

Signs.

Impact statements required by § 200-83.

Application procedure required by § 200-116.

To provide an opportunity for flexibility in lot designs and building arrangement not afforded by conventional lot-by-lot development;

To provide for a more varied, innovative, and efficient development pattern without undue delay;

To provide for unified and organized arrangement of various land uses and common open space, compatible with existing uses, architecture, landscapes and community character;

To encourage conservation of unique and sensitive landscapes and site features including scenic vistas and historical resources;

To retain and protect open space areas within residential development;

To enable efficient and cost-effective provision of community facilities, including sewer and water services, highway improvements and recreational areas;

To provide a means to attain the aims and objectives of the Upper Uwchlan Township Comprehensive Plan relative to orderly growth and the enhancement of environmental resources;

To support the specific objectives of the Upper Uwchlan Township Open Space, Recreational and Environmental Resources Plan.

The following criteria must be satisfied before an application for planned residential development (PRD) may be considered:

Uses permitted in a planned residential development shall be limited to the following:

Permitted uses shall comply with the following:

Single-family detached dwellings.

Single-family semidetached dwellings (twins), for each dwelling unit.

Townhouses.

Apartments.

Commercial uses.

Except where bonus density is provided in accordance with Subsection C(6)(b) and (c) below, the gross residential density shall not exceed 2.25 dwellings per gross acre, excluding any acreage devoted to commercial uses. Where calculation of permitted gross density does not result in a whole number, fractions of 0.5 or greater shall be rounded up (i.e., 421.3 would be rounded to 421, 421.6 would be rounded to 422).

Conservation of historic structures.

The following requirements shall apply to the common open space:

Development of any PRD shall comply with all applicable design standards contained in this chapter and/or Chapter 162, Subdivision and Land Development, except as provided below. If the provisions of this section are inconsistent with other provisions of this chapter, the provisions of this section shall control.

In granting tentative and/or final plan approval for any PRD, the Board of Supervisors may waive applicability of any provisions of Chapter 162, Subdivision and Land Development, which may be in conflict with the purposes of this section in the context of any specific application.

As condition(s) of tentative and/or final plan approval, the Board may provide for variation and/or waiver of specific design standards established in Chapter 162, Subdivision and Land Development, as provided in Subsection D(3)(a) through (c) below. The applicant requesting variation in design standards shall submit drawings, models or plans to demonstrate the purpose and potential impact of the request, including alternatives if specified by the Board. The applicant wishing to have any design standard varied shall bear the burden of proof in justifying the appropriateness of such variation. The applicant may be required to post bond to insure compliance with the decision and any conditions imposed by the Board.

Walkways. A pedestrian pathway system shall be included throughout the planned residential development and include a combination of sidewalks, pathways and trails that provide reasonable access to all neighborhoods, recreation, shopping, or other destinations within and adjacent to the planned residential development. Sidewalks may not necessarily be required on all streets, but may be located in accordance with the overall pedestrian pathway system.

Equestrian trails. If the planned residential development is traversed by existing trails easements created for the benefit of equestrian riders, the applicant shall provide for continued equestrian access but may relocate the existing trail easements.

Bypass road. A right-of-way not less than 60 feet in width and consistent with the Transportation Plan/Study, PA Route 100 Corridor dated January, 1995 and revised September, 1995 shall be included in the tentative plan. Detailed plans for the phasing and installation of the bypass road improvements shall be determined during the tentative plan approval process taking into consideration the status of the completion of other aspects of the Route 100 Corridor Bypass Road. Installation of the bypass road shall be required prior to issuance of any occupancy permits for any uses(s) within the PRD unless otherwise approved by the Board of Supervisors during the tentative plan approval process.

An application for tentative approval of a planned residential development shall be filed by the applicant with the Township Manager. Within 30 days of receipt of application for tentative approval, the Township Manager shall indicate in written communication to the applicant whether or not the application is deemed complete and, if not where deficient. If no written communication is provided within said thirty-day period, the application shall be deemed complete for purposes of initiating the sixty-day period within which a public hearing must be held in accordance with Subsection G(1).

The tentative approval application shall contain the following:

The application for tentative approval of a planned residential development shall include a written statement by the applicant setting forth why the planned residential development would be in the public interest and consistent with the Township's Comprehensive Plan.

The approval procedures for tentative and final approval in this section shall be in lieu of all other procedures or approvals otherwise required by to this chapter and Chapter 162, Subdivision and Land Development, of the Township.

Within 60 days after filing of a complete application for tentative approval, a public hearing pursuant to public notice shall be held by the Board in the manner prescribed hereinafter in § 200-137.

The Board may continue the hearing from time to time provided the public hearings shall be concluded within 60 days after the date of the first public hearing.

Notice of decision.

The grant or denial of tentative approval by official written communication shall include not only conclusions but also findings of fact related to the specific proposal and shall set forth the reasons for the grant, with or without conditions, or for the denial and said communication shall set forth with particularity in what respects the development plan would or would not be in the public interest.

The official written communication provided for in this section shall be certified by the Manager of the Township and shall be filed in the Township office and a certified copy shall be mailed to the applicant. Where tentative approval has been granted, it shall be deemed an amendment to the Zoning Map effective upon final approval and shall be noted on the Zoning Map.

Tentative approval of a development plan shall not qualify a plan of the planned residential development for recording nor authorize development or the issuance of any building permits. A development plan which has been given tentative approval as submitted, or which has been given tentative approval with conditions which have been accepted by the applicant and provided that the applicant has not defaulted nor violated any of the conditions of the tentative approval shall not be modified or revoked nor otherwise impaired by action of the Township pending an application or applications for final approval, without the consent of the applicant, provided an application for final approval is filed, or in the case of development over a period of years, provided applications are filed within the periods of time specified in the official written communication granting tentative approval.

In the event that a development plan is given tentative approval and thereafter, but prior to final approval, the applicant shall elect to abandon said development plan and shall so notify the Board in writing, or in the event the applicant shall fail to file application or applications for final approval within the required period of time or times, as the case may be, the tentative approval shall be deemed to be revoked and all that portion of the area included in the development plan for which final approval has not been given shall be subject to those ordinances otherwise applicable thereto as they may be amended from time to time, and the same shall be noted on the Zoning Map and in the records of the Manager of the Township.

An application for final approval of a planned residential development shall be filed by the applicant with the Township Manager. Within 30 days of receipt of application for final approval, the Township Manager shall indicate in written communication to the applicant whether or not the application is deemed complete and, if not, where deficient. If no written communication is provided within said thirty-day period, the application shall be deemed complete for purposes of initiating the forty-five-day period within which the Board of Supervisors must act upon the application, as provided below.

An application for final approval may be for all the land included in the development plan, or to the extent set forth in the tentative approval for a section thereof. The final plan shall include demonstration of compliance with the conditions of the approved tentative plan.

The final approval application shall contain the following:

An application for final approval filed in accordance with the official written communication of tentative approval, shall, within 45 days of such filing, be granted final approval.

Revised plans.

A development plan, or any part thereof, which has been given final approval shall be so certified without delay by the Board and shall be promptly filed of record in the office of the Recorder of Deeds before any development shall take place. Upon the filing of record of the development plan, the zoning and subdivision regulations otherwise applicable to the land included in such plan shall cease to apply thereto. Pending completion in accordance with the time provisions stated in Section 508 of the Municipalities Planning Code (MPC)[1] of said planned residential development or of that part thereof, as the case may be, that has been finally approved, no modification of the provisions of said development plat, or part thereof, as finally approved, shall be made except with the consent of the applicant. Upon approval of a final plant, the applicant shall record the plat in accordance with the provisions of Section 513(a) of the MPC and post financial security in accordance with Section 509 of the MPC.[2]

In the event that a development plan, or a section thereof, is given final approval and thereafter the applicant shall abandon such plan or the section thereof that has been finally approved, and shall so notify the Board in writing; or, in the event the applicant shall fail to commence and carry out the planned residential development in accordance with the time provisions stated in Section 508 of the MPC[3] after final approval has been granted, no development or further development shall take place on the property included in the development plan until after the said property is reclassified by enactment of an amendment to this chapter in the manner prescribed in Article XX.

Any person, partnership or corporation, who or which has violated the planned residential development provisions of any ordinance enacted under Section 701 et seq. of the MPC shall,[4] upon being found liable in a civil enforcement proceeding commenced by the Township, pay a judgment of not more than $500 plus all court costs, including reasonable attorney fees incurred by the Township. No judgment shall commence or be imposed, levied or payable until the date of the determination of a violation by the Magisterial District Judge. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the appropriate Rules of Civil Procedure. Each day that a violation continues shall constitute a separate violation, unless the Magisterial District Judge determining that there has been a violation further determines that there was a good faith basis for the person, partnership or corporation violating the ordinance to have believed that there was no such violation, in which event there shall be determined to have been only one such violation until the fifth day following the date of the determination of a violation by the Magisterial District Judge, and thereafter each day that a violation continues shall constitute a separate violation. All judgments, costs and reasonable attorney fees collected for the violation of planned residential development provisions shall be paid over to the municipality whose ordinance has been violated.

The Court of Common Pleas, upon petition, may grant an order of stay, upon cause shown, totaling the per diem judgment pending a final adjudication of the violation and judgment.

Nothing contained in this section shall be construed or interpreted to grant to any person or entity other than the Township the right to commence any action for enforcement pursuant to this section.

In the C-1, C-3, LI and PI Zoning Districts. Adaptive reuse opportunities by right, where not already permitted in the underlying base zoning district, may include but are not limited to the following:

In the R-1, R-2, R-3 and R-4 Zoning Districts. Adaptive reuse opportunities by right, where not already permitted in the underlying base zoning district, may include home occupation and no-impact home-based businesses subject to the specific requirements set forth in § 200-62B(4).

In the R-1, R-2, R-3 and R-4 Zoning Districts:

In any zoning district, adaptive reuse of any structure as an additional principal use otherwise permitted pursuant to the base zoning provisions or the additional uses permitted under this section, on the same lot as any other permitted principal use.

Applicable lot area, lot dimension, or yard requirements for plans affecting adaptive reuse of existing structures and permitted additions or additional structures on historic properties may be modified a maximum of 50%, unless greater modification may be permitted for an existing nonconforming structure.

In all cases, such modifications may be permitted to reduce otherwise applicable requirements to the minimum degree necessary to accommodate proposed plan(s) for adaptive reuse.

Each proposed multiple-family dwelling unit shall have a minimum floor area of 600 square feet unless a reduction in floor area to not less than 400 square feet is approved by conditional use approval.

Individual dwelling units may be sold as separately owned units, e.g., condos, or may be held in common ownership as rental units.

Where any elements of the parcel subject to subdivision and land development are to be held in common, including open space and stormwater management facilities, an association shall be formed to manage any such elements, and the declaration of such association shall be subject to review and approval of the Township Solicitor as part of the land development application.

Existing structural footprints shall not be extended or enlarged, except to add detached and attached accessory garages, storage areas, outdoor patios and covered terraces. Alterations to existing buildings may also be made to provide for new points of entry to facilitate direct access to individual dwelling units. All such alterations shall be subject to conformance with stormwater management regulation or any other regulation applicable at the time of the proposed alteration(s) and shall be compatible with the historical architectural context of the existing historic structures. Alteration(s) of existing facades as viewed from any public street shall be subject to conditional use approval upon the review and recommendation of the Upper Uwchlan Township Historical Commission.

A landscaped buffer area, providing for a diffused visual screen, of a minimum of 10 feet in width shall be provided along any lot line which abuts a single-family detached dwelling. Existing woodlands and hedgerows shall be considered sufficient to meet buffer requirements. The landscaped buffer area may be occupied by reserve sewage disposal areas, utility crossings, access drives, excluding parking areas, or other facilities required for the adaptive reuse of the historical property, excepting buildings.

Fire lanes as required by § 200-76 are not required if, as determined by the Township Engineer, adequate fire access exists and is compliant with applicable building and/or fire codes.

Short-term rentals shall be permitted in single family detached dwelling units in the R-1 Residential District and the R-2 Residential District by conditional use.

The leasing of one or more bedrooms in a dwelling unit shall not be permitted as a short-term rental.

The short-term rental must provide one off-street parking space per bedroom. The location of the off-street parking spaces shall be approved by the Zoning Officer.

The owner of a short-term rental shall be required to obtain an annual rental permit and pay the applicable annual rental permit fee as established by Resolution of the Board. In order to obtain the rental permit, the short-term rental shall be inspected on an annual basis by the Township Code Department. The short-term rental shall demonstrate proof of the following:

If the Township determines that the short-term rental does not meet any provision in this chapter, it may perform additional inspections and institute the appropriate enforcement provisions, which may include revoking the short-term rental permit until such time as the violation is abated.

Short-term rentals shall comply with all applicable federal, state and local governmental laws, rules, ordinances, resolutions and regulations including the Upper Uwchlan Township Code.

The maximum number of guests that may stay overnight in the short-term rental shall be limited to two per bedroom.

A short-term rental advertising more than three bedrooms shall provide proof to the Zoning Officer that the dwelling is connected to public sewer or in the case where the dwelling is served by a private septic system, the septic system is adequate to handle the additional flows estimated by the additional bedrooms. If the septic system malfunctions, the short-term rental use shall be discontinued until such time as the septic system is repaired or replaced.

The owner of a short-term rental shall designate a local responsible agent who is an adult individual designated by the owner of the short-term rental who is responsible for providing the Zoning Officer with access to the short-term rental for the purpose of making inspections necessary to ensure compliance with this chapter. A responsible local agent is required to either reside on the premises in which the short-term rental is located or reside within a radius of five miles of the Township. An owner may designate himself or herself as a responsible agent if he or she either resides on the premises in which the short-term rental is located or resides within a radius of five miles of the Township.

-The conditional use approval for a short-term rental shall be specific to the applicant and any zoning approval may not be assigned to a new owner.

If the owner of the short-term rental permits their guests to bring animals, the maximum number of dogs that shall be permitted is two and the owner must provide a fenced-in area in the rear or side yard for the animals.

The owner of the short-term rental shall include in their rules and regulations that quiet hours are between 10:00 p.m. and 7:00 a.m.

The owner of the short-term rental shall require the individuals who rent the short-term rental to be a minimum of 25 years old.

Lot with a data center building of 100,000 square feet or less in area: five acres.

Lot with a data center building greater than 100,000 square feet in area: 10 acres.

Date Center Campus, regardless of the size of the buildings used for data centers on the campus: 10 acres.

The principal building facade shall require a horizontal offset of at least 10 feet at intervals of no more than 150 linear feet (measured horizontally).

No more than 80% of a principal building facade shall consist of one building material or one color, texture, or pattern.

The principal building facade shall require fenestration, step-back(s), cantilever(s), projection(s), or architectural elements extending horizontally across at least 60% of the facade.

Annual electricity demand for the data center.

Source of energy supply for the data center, including identification of all on-site energy generation facilities.

Energy storage capacity (if applicable).

Proposed sources of backup power to be installed.

Documentation of efforts to maximize use of renewable and/or clean energy for all electrical and cooling needs, including those to reduce the need for new electric generation by incorporating the best available energy efficiency into the design of data center servers, cooling units, and the building structure. Examples include:

If interconnecting to the energy grid, the applicant shall provide documentation of the energy utility interconnection approval process, including the following:

If the data center intends to use backup generators, the following criteria shall apply.

The applicant shall submit a pre-construction noise and vibration study with the conditional use application prepared and sealed by a qualified professional. Such qualified professional shall be an engineer licensed in the Commonwealth of Pennsylvania or other environmental or technical professional with demonstrated education, training and experience in acoustical noise or vibration analysis applicable to the scope of work being performed (defined herein as "qualified professional") to include the predicted noise and vibration levels from the operation of the data center.

Simultaneous operation assumption. All noise evaluations, studies, modeling, and compliance determinations shall assume the concurrent operation of all generators, cooling systems, mechanical equipment, and other noise-producing devices operating at maximum rated capacity, unless a more restrictive operating condition is required by approval.

Within 180 days following issuance of a use and occupancy certificate and commencement of operations at the data center, the applicant shall submit to the Township an as-built post-construction noise and vibration study. The study shall:

If the post-construction study demonstrates non-compliance with any applicable noise or vibration standard, the applicant shall, within 30 days of written notice from the Township, submit a corrective action plan prepared by a qualified professional. All violations shall be fully remediated within a timeframe approved by the Township, but in no event later than 90 days following Township notice of non-compliance, unless extended by the Township for good cause shown.

If the pre-construction noise study establishes a baseline sound level in excess of the maximum sound level permitted under the data center Noise Standards Tables, the post-construction study shall demonstrate that operations of the proposed use do not increase baseline ambient sound levels. Sound levels within 1 dBA of ambient sound levels will meet this requirement.

Objective noise standards. Noise limits shall be established by land use category, measurement location, time-of-day, and averaging period, and shall include provisions for instrumentation and low-frequency noise evaluation.

The Township may require additional noise and vibration testing upon receipt of substantiated complaints or following material modification, replacement, or addition of mechanical equipment, cooling systems, generators, or other vibration-generating equipment.

If initial monitoring or complaints indicate a probable violation, the Township may require interim mitigation measures, which may include operational modifications, equipment limitations, or temporary curtailment of specific noise producing activities until compliance is demonstrated.

Data center Noise Standards Tables. The following tables establish objective noise limits, modeling requirements, and enforcement procedures applicable to data center use. These standards shall supersede noise standards set forth in Chapter 110 of the Upper Uwchlan Township Code.

A data center shall be connected to public water.

The applicant shall provide detailed estimates of daily and annual water usage.

The applicant shall provide documentation from the public water provider that there is sufficient water available to serve the data center without impacting water pressure or availability of water to other users in Township. No data center shall be approved unless the applicant demonstrates that the anticipated water supply yield is sufficient for the data center and will not adversely impact water pressure or availability of water to other users in the Township.

The data center shall not use groundwater or direct withdrawals from surface watercourses as its primary source of water for cooling purposes.

The data center shall be designed to include air-cooled or closed-loop water circulation systems to cool processing equipment. An applicant may propose an alternative cooling system that is demonstrated to use less water and energy than closed loop systems which alternative cooling system must be approved by the Township.

The applicant shall submit a drought response plan to demonstrate compliance with state, water supplier and local drought declaration requirements.

A data center shall be connected to public sewer.

The applicant shall submit an analysis of wastewater disposal needs with the conditional use application which indicates the quantity of wastewater generation expected from sewage and water discharge as part of the data center's HVAC system.

Any untreated discharge of wastewater generated at the data center may not be discharged to stormwater systems or surface waters.

The applicant shall submit documentation certified by the municipal authority that the municipal authority can support the conveyance and treatment needed.

Any on-site energy generation facility or system designed or used to supply power directly to a data center during normal operations, including but not limited to solar, wind, fossil fuel, or nuclear energy generating systems, shall be considered an accessory use to the data center. Any form of on-site energy generation facility or system designed or used to supply power directly to a data center shall be approved by the Board as part of the conditional use application. These systems shall be reviewed and approved by the Township Building Code Official and Fire Marshall and shall comply with all relevant local, state and federal laws and regulations. The applicant shall select, design and locate the energy generation systems to limit noise, emissions, and visual impacts to adjacent and nearby uses as much as possible. Data center principal buildings shall be located between energy generation systems and residential districts or any other sensitive receptors.

Electric utility substations on the same property as the data center they serve must be located on the side or rear of a data center principal building so they are screened from public view and shall not be located in a required front yard. On-site substations do not require a buffer or screening between the data center principal building and the substation.

Data center electric utility substations visible from an arterial roadway must include a combination of year-round opaque landscaping and screening walls to minimize visual impact.

Burying power lines serving the property is strongly encouraged. On-site power lines of 34.5 kV and below must be buried.

Substations abutting a district boundary other than industrial and/or a parcel containing a sensitive receptor shall be set back a minimum of 800 feet from the property line. If abutting another industrial-zoned parcel and use, substations shall meet the requirements for accessory uses in the underlying zoning district.

The applicant shall submit an emergency response plan (ERP) with the conditional use application prepared by a qualified professional. The ERP shall:

Costs incurred, including specialized training for fire and EMS personnel, shall be reimbursed by the applicant, including future ongoing training specific to the data center's ERP.

Any data center proposing battery storage or any other device or group of devices capable of storing energy in order to supply electrical energy at a later time, whether the energy is stored for use on-site or off-site, shall demonstrate compliance with National Fire Protection Association (NFPA) Standard 855, Installation of Stationary Energy Storage Systems, or similar standards and must include fire suppression systems designed specifically for battery storage.

No data center shall be approved unless the applicant demonstrates that procedures for fire suppression, containment, ventilation, and evacuation are sufficiently protective of public health, safety and welfare.

Each data center shall provide 24-hour emergency contact signage that is visible at the main entrance. Such signage shall include the company name (if applicable), the owner/representative's name, the telephone number, and the corresponding local power company's name and telephone number.

The applicant shall coordinate with the municipal emergency management coordinator to ensure there is adequate radio coverage for emergency responders within all on-site buildings and facilities, based upon existing coverage levels of the municipal public safety radio communications system exterior to on-site buildings. The applicant shall install enhancement systems, as needed, to achieve compliance.

The applicant shall submit with the conditional use application a decommissioning plan prepared by a qualified professional. The plan shall outline the procedures for safe shutdown, removal of equipment, disposal or recycling of materials, and site restoration.

The owner of the data center must submit a notification of closure if operations are permanently ceased.

Decommissioning must begin within one year of cessation of data center operations, or upon notice of abandonment by the operator, whichever occurs first. Decommissioning shall be completed within 18 months thereafter, unless extended by the Township for good cause.

Standards for decommissioning.

The Township may require financial security (with related agreements) to be posted to cover the full cost of decommissioning and site restoration if not done in a timely fashion by the operator/owner of the data center.