Zoneomics Logo
search icon

Uwchlan Township City Zoning Code

ARTICLE 5

District Regulations

§ 501 R-A Rural Agricultural District.

501.1 
Purpose. The purpose of the R-A Rural Agricultural District is to reserve for future development, through the continuance of predominantly agricultural uses. Any use permitted in this district by right, special exception or condition and described in § 611 of this ordinance is subject to the requirements set forth in § 611.
501.2 
Permitted uses.
a. 
Agricultural uses, except intensive agriculture, and buildings, provided that any structures used for the housing of three livestock (not including chickens, poultry or fowl) shall not be located less than 200 feet from any lot line and shall be situated on a lot of not less than four acres; except that for each livestock above three, one additional acre shall be provided (e.g., four livestock = five acres, five livestock = six acres, etc.).
[Amended 6-13-2022 by Ord. No. 2022-05]
b. 
The sale of farm products, provided such products are produced on the property.
c. 
Single-family detached dwellings.
d. 
Public uses, structures or buildings owned or operated by the Township or an Authority created by the Township, or an Authority of which the Township is a member, or any other public use subsidized by the Township.
e. 
Churches.
f. 
Cemetery, provided that the parcel devoted to this use shall not be less than 20 acres.
g. 
Residential Open Space Option pursuant to § 609.
[Added 10-14-1997 by Ord. No. 97-08]
501.3 
Permitted accessory uses located on the same lot with the permitted principal use.
a. 
Private garages, carports or private parking areas pursuant to § 607.
b. 
Signs pursuant to § 606.
c. 
Private swimming pools.
d. 
Home occupations pursuant to § 602.
e. 
Other accessory uses, structures or buildings, provided they are clearly incidental to the principal use.
501.4 
Uses permitted by conditional use.
[Amended 10-14-1997 by Ord. No. 97-08; 11-25-2002 by Ord. No. 2002-08]
a. 
Residential Open Space Option pursuant to § 609.1.
b. 
Stables housing three or more horses and dog kennels, provided they are situated no less than 400 feet from any public right-of-way and adjoining property lines.
501.5 
Uses permitted by special exception.
[Amended 12-9-2013 by Ord. No. 2013-06]
a. 
Educational uses, exclusive of correctional or penal institutions.
b. 
Private clubs for swimming, golf, riding, or other recreation, provided that the principal activity shall not be one which is customarily carried on as a business, and further provided that all services shall be for members and their guests only.
501.6 
Minimum lot size.
On-Site Water and On-Site Sewage Disposal
Either Off-Site Water or Off-Site Sewage Disposal
Off-Site Water and Sewage Disposal
a.
Area (acres)
2
1 1/2
1
b.
Width (feet)
200
175
150
501.7 
Minimum yard dimensions.
On-Site Water and On-Site Sewage Disposal
Either Off-Site Water or Off-Site Sewage Disposal
Off-Site Water and Sewage Disposal
a.
Front yard
(feet)
50
50
50
b.
Each side yard
(feet)
35
30
25
c.
Rear yard
(feet)
50
50
50
501.8 
Maximum lot coverage and building height.
a. 
Maximum building coverage: 15%.
b. 
Impervious coverage: No lot shall be covered by more than 25% with impervious surface, including but not limited to principal and accessory buildings, driveways and walkways, and parking areas.
c. 
Maximum height of buildings and structures: 35 feet or 2 1/2 stories, whichever is less.
[Amended 10-22-2009 by Ord. No. 2009-04]

§ 502 R-R Rural Residential District.

502.1 
Purpose. The purpose of the Rural Residential District is to provide areas within the Township which can accommodate residents wishing to reside on large lot, low density development maintaining rural characteristics. Any use permitted in this district by right, special exception or condition and described in § 611 of this ordinance is subject to the requirements set forth in § 611.
502.2 
Permitted uses.
a. 
Single-family detached dwellings.
b. 
Public uses, structures or buildings owned or operated by the Township or an Authority created by the Township or an Authority which the Township is a member, or any other public use subsidized by the Township.
c. 
Churches.
d. 
Cemetery, providing that the parcel devoted to this use shall not be less than 20 acres.
e. 
The sale of farm products, provided such products are produced on the property.
f. 
Agricultural uses, except intensive agriculture, and buildings, provided that any structures used for the housing of three livestock (not including chickens, poultry or fowl) shall not be located less than 200 feet from any lot line and shall be situated on a lot of not less than four acres; except that for each livestock above three, one additional acre shall be provided (e.g., four livestock = five acres, five livestock = six acres, etc.).
[Amended 6-13-2022 by Ord. No. 2022-05]
g. 
Residential Open Space Option pursuant to § 609.
[Added 10-14-1997 by Ord. No. 97-08]
502.3 
Permitted accessory use located on the same lot with the permitted principal use.
a. 
Private garages, carports or private parking areas pursuant to § 607.
b. 
Signs pursuant to § 606.
c. 
Private swimming pools.
d. 
Home occupations pursuant to § 602.
e. 
Other accessory uses, structures or buildings, provided they are clearly incidental to the principal use.
502.4 
Uses permitted by conditional use.
a. 
Residential Open Space Option pursuant to § 609.1.g.
[Amended 10-14-1997 by Ord. No. 97-08]
b. 
Stables housing three or more horses and dog kennels, provided they are situated no less than 400 feet from any public right-of-way and adjoining property lines.
c. 
Mobile home parks, provided proposed park has satisfied all requirements for mobile home parks found in Article VII of the Township Subdivision and Land Development Ordinance.
[Added 11-25-2002 by Ord. No. 2002-08]
502.5 
Uses permitted by special exception.
a. 
Educational uses, exclusive of correctional or penal institutions.
b. 
Private clubs for swimming, golf, riding, or other recreation, provided that the principal activity shall not be one which is customarily carried on as a business, and further provided that all services shall be for members and their guests only.
c. 
[1]Accessory uses, structures, and buildings not located on the same lot with the permitted principal use.
[1]
Editor's Note: Former § 502.5.c, Hospitals, was repealed and former § 502.5.d was redesignated as § 502.5.c 12-9-2013 by Ord. No. 2013-06.
502.6 
Minimum lot size.
On-Site Water and On-Site Sewage Disposal
Either Off-Site Water or Off-Site Sewage Disposal
Off-Site Water and Sewage Disposal
a.
Area
60,000 square feet
50,000 square feet
1 acre
b.
Width
(feet)
175
160
150
502.7 
Minimum yard dimensions.
On-Site Water and On-Site Sewage Disposal
Either Off-Site Water or Off-Site Sewage Disposal
Off-Site Water and Sewage Disposal
a.
Front yard
(feet)
50
50
50
b.
Each side yard
(feet)
30
25
25
c.
Rear yard
(feet)
50
50
50
502.8 
Maximum lot coverage and building height.
a. 
Maximum building coverage: 15%.
b. 
Impervious coverage: No lot shall be covered by more than 25% with impervious surface, including but not limited to principal and accessory buildings, driveways and walkways, and parking areas.
c. 
Maximum height of buildings and structures: 35 feet or 2 1/2 stories, whichever is less.
[Amended 10-22-2009 by Ord. No. 2009-04]
502.9 
Area and bulk regulations for churches, conditional uses and special exceptions.
[Added 3-13-2017 by Ord. No. 2017-03]
a. 
All of the regulations set forth in §§ 502.6, 502.7 and 502.8 shall apply to churches, conditional uses and special exceptions, except as follows:
(1) 
Churches may have up to 60% impervious coverage and 20% building coverage as long as the property has ingress and egress to a state highway which contains protected turning lanes.

§ 503 R-1 Low Density Residential District.

503.1 
Purpose. The purpose of the R-1 Residential District is to provide suitable areas for neighborhoods of single-family home development at densities which are dependent upon the degree to which any particular portion of the district is serviced with the off-site sewerage facilities and off-site water facilities. Any use permitted in this district by right, special exception or condition and described in § 611 of this ordinance is subject to the requirements set forth in § 611.
503.2 
Permitted uses.
a. 
Single-family detached dwellings.
b. 
Agricultural uses, except intensive agriculture, and buildings, provided that any structures used for the housing of three livestock (not including chickens, poultry or fowl) shall not be located less than 200 feet from any lot line and shall be situated on a lot of not less than four acres; except that for each livestock above three, one additional acre shall be provided (e.g., four livestock = five acres, five livestock = six acres, etc.).
[Amended 6-13-2022 by Ord. No. 2022-05]
c. 
Cemetery, provided that the parcel devoted to this use shall not be less than 20 acres.
d. 
The sale of farm products, provided such products are produced on the property.
e. 
Public uses, structures or buildings owned or operated by the Township, a Municipal Authority organized by the Township or an Authority of which the Township is a member, or any other public use subsidized by the Township.
f. 
Churches.
g. 
Residential Open Space Option pursuant to § 609.
[Added 10-14-1997 by Ord. No. 97-08]
503.3 
Permitted accessory uses located on the same lot with the permitted principal use.
a. 
Private garages, carports or private parking areas pursuant to § 607.
b. 
Signs pursuant to § 606.
c. 
Private swimming pools.
d. 
Home occupations pursuant to § 602.
e. 
Home occupations permitted within the HO-2 overlay pursuant to § 602.2.
[Amended 10-14-1997 by Ord. No. 97-08]
f. 
Other accessory uses, structures or buildings, provided they are clearly incidental to the principal use.
[Amended 10-14-1997 by Ord. No. 97-08]
503.4 
Uses permitted by conditional use.
a. 
Stables housing three or more horses and dog kennels, provided they are situated no less than 400 feet from public right-of-way and adjoining property lines.
b. 
Residential Open Space Option pursuant to § 609.1.
[Amended 10-14-1997 by Ord. No. 97-08]
c. 
Churches may increase impervious coverage up to 40%, provided stormwater controls and landscaped buffers are designed to provide protection of abutting properties and will not change the character of the neighborhood.
d. 
Planned Single-Family Development pursuant to § 613.
503.5 
Uses permitted by special exception.
a. 
Public swimming pools.
b. 
Private clubs for swimming, golf, riding, gunning or other recreation, provided that the principal activity shall not be one which is customarily carried on as a business, and further provided that all services shall be for members and their guests only.
c. 
Educational uses, excluding correctional or penal institutions.
d. 
[1]Accessory uses, structures, and buildings not located on the same lot with the permitted principal use.
[1]
Editor's Note: Former § 503.5.d, Hospitals, was repealed and former § 503.5.e was redesignated as § 503.5.d 12-9-2013 by Ord. No. 2013-06.
503.6 
Minimum lot size.
On-Site Water and Sewage Disposal
Either Off-Site Water or Off-Site Sewage Disposal
Off-Site Water and Sewage Disposal
a.
Area
(square feet)
60,000
45,000
30,000
b.
Width
(feet)
200
150
125
503.7 
Minimum yard dimensions.
On-Site Water and Sewage Disposal
Either Off-Site Water or Off-Site Sewage Disposal
Off-Site Water and Sewage Disposal
a.
Front yard
(feet)
50
50
50
b.
Side yard
(feet)
30
25
20
c.
Rear yard
(feet)
50
50
30
503.8 
Maximum lot coverage and building height.
Maximum building coverage: 20%.
Impervious coverage: No lot shall be covered by more than 25% with impervious surface, including, but not limited to principal and accessory buildings, driveways and walkways, and parking areas.
Maximum height of buildings and structures: 35 feet or 2 1/2 stories, whichever is less.
[Amended 10-22-2009 by Ord. No. 2009-04]

§ 504 R-2 Medium Density Residential District.

504.1 
Purpose. It is the purpose of the R-2 Medium Density Residential District to provide suitable areas in the Township for higher densities of residential development in those portions of the community adequately served by public water and sewer and to provide for such other uses as are compatible with the higher density residential development. Any use permitted in this district by right, special exception or condition and described in § 611 of this ordinance is subject to the requirements set forth in § 611.
504.2 
Permitted uses.
a. 
Single-family detached dwellings.
b. 
Single-family semidetached dwellings, provided that a minimum lot area of 20 acres is provided.
c. 
Two-family detached dwellings, provided that a minimum lot area of 20 acres is provided.
d. 
Two-family semidetached dwellings, provided that a minimum lot area of 20 acres is provided.
e. 
Churches.
f. 
Public uses, structures or buildings owned or operated by the Township, a Municipal Authority organized by the Township or an Authority of which the Township is a member, or any other public use subsidized by the Township.
504.3 
Permitted accessory uses located on the same lot with the permitted principal use:
a. 
Private garages, carports or private parking areas pursuant to § 607.
b. 
Signs pursuant to § 606.
c. 
Private swimming pools.
d. 
Home occupations pursuant to § 602.
e. 
Other accessory uses, structures or buildings, provided they are clearly incidental to the principal use.
504.4 
Uses permitted by conditional use.
a. 
Medical and dental clinics.
b. 
Business office buildings to be used only for the administrative functions of companies, corporations, social or philanthropic organizations or societies and offices of accountants, architects, brokers, engineers, lawyers and similar professions.
c. 
Neighborhood commercial uses, provided that such uses constitute the first floor, or part of the first floor, of an apartment building and are designed to serve primarily the residents in the immediate area within walking.
504.5 
Uses permitted by special exception.
a. 
Townhouses with a twenty-acre minimum lot area pursuant to § 604.3.
b. 
Garden apartments with a twenty-acre minimum lot area pursuant to § 604.3.
c. 
Low-rise apartments pursuant to § 604.3.
d. 
Boarding and lodging houses; bed-and-breakfast inn.
e. 
Public swimming pools.
f. 
Educational and philanthropic uses, excluding correctional or penal institutions.
g. 
[1]Accessory uses, structures and buildings not located on the same lot with the permitted principal use.
[1]
Editor's Note: Former § 504.5.g, Hospitals, was repealed and former § 504.5.h was redesignated as § 504.5.g 12-9-2013 by Ord. No. 2013-06.
504.6 
Minimum lot size per building.
Single-Family Detached
Single-Family Semidetached
Two-Family Detached
Two-Family Semidetached
a.
Area
(square feet)
20,000
12,000
24,000
20,000
b.
Width
(feet)
100
60
120
100
504.7 
Minimum yard dimensions.
Single-Family Detached
Single-Family Semidetached
Two-Family Detached
Two-Family Semidetached
a.
Front yard
(feet)
50
50
50
50
b.
Side yard
(feet)
15
(aggregate of side yards 40 feet)
20
(aggregate of side yards 40 feet)
20
(aggregate of side yards 50 feet)
25
c.
Rear yard
(feet)
50
50
50
50
504.8 
Maximum lot coverage and building height.
a. 
Maximum building coverage: 30%.
b. 
Impervious coverage: No lot shall be covered by more than 35% with impervious surface, including but not limited to principal and accessory buildings, driveways and walkways, and parking areas.
c. 
Maximum height of buildings and structures: 35 feet or 2 1/2 stories, whichever is less.
[Amended 10-22-2009 by Ord. No. 2009-04]
504.9 
Area and bulk regulations for churches and for conditional uses and uses by special exception.
a. 
All of the regulations set forth in §§ 504.6, 504.7 and 504.8 which pertain to single-family detached shall apply to churches and to conditional uses and uses by special exception, except as follows:
(1) 
Each side yard shall be a minimum of 35 feet.
(2) 
Churches may have an impervious coverage up to 60%.

§ 505 PC Planned Commercial District.

505.1 
Purpose. The purpose of the PC Planned Commercial District is to provide and require unified and organized arrangement of buildings (one per lot), service and parking areas, together with adequate circulation and open space, all planned and designed as integrated units, in a manner so as to provide and constitute efficient, safe, convenient, and attractive shopping areas. Any use permitted in this district by right, special exception or condition and described in § 611 of this ordinance is subject to the requirements set forth in § 611.
505.2 
Review procedure.
a. 
In order to assure the satisfactory development of the Planned Commercial District, it shall be required that the development plans be submitted to the Board of Supervisors under the procedures established in this ordinance.
b. 
A development plan for the parcel being subdivided shall be prepared and submitted to the Board of Supervisors showing the overall development scheme, including location, proposed site layout, existing zoning, parking facilities, all adjacent highways, streets, and alleys with traffic flow patterns, and a tentative list of the kind of establishments to be located on the site and their floor areas. Also, preliminary architectural sketches, elevations, and engineering plans showing proposed methods of water runoff control, type of sewage treatment, and source of water supply.
505.3 
Permitted uses.
a. 
Retail establishment for sale of dry goods, drugs, food, jewelry, variety and general merchandise, hardware, household furnishings and supplies, instruments, electronic appliances, including repair service.
b. 
Restaurant, tearoom, cafe, confectionery or other place serving food or beverages, provided that no curb service shall be permitted.
c. 
Personal service shop, including barber, beauty salon, shoe repair, tailor, dressmaking, pickup station for laundry and dry cleaning.
d. 
Passenger station for public transportation, bank, savings and loan association or other financial institution, business or professional office, offices or office building for administrative, executive and professional activity, and similar activities involving the performance or rendering of professional services, such as mortician, the sale of real estate and business office, including the showing of samples, sale promotion and demonstration of equipment; provided, however, that no merchandise shall be warehoused on the premises for sale, exchange or delivery thereon, and further provided that nothing herein precludes the sale or manufacturer's representatives from arranging for the sale of merchandise manufactured, fabricated or warehoused at, or delivered to, locations outside of the PC Planned Commercial District.
e. 
Automatic self-service laundry and dry-cleaning establishment with certificates of approval by the public health agency having jurisdiction, with regard to waste disposal, and by the Fire Marshall, with regard to compliance with all safety regulations.
f. 
Churches.
g. 
Public uses, structures or buildings owned or operated by the Township, a Municipal Authority organized by the Township or an Authority of which the Township is a member.
h. 
Dispensary, provided that such use shall not be permitted closer than 1,000 linear feet from a school or day-care center, and subject to all applicable requirements of the Uwchlan Township Zoning Ordinance and the Medical Marijuana Act.[1]
[Added 2-13-2017 by Ord. No. 2017-02]
[1]
Editor's Note: See 35 P.S. § 10231.101 et seq.
505.4 
Permitted accessory uses located on the same lot with the permitted principal use.
a. 
Off-street parking pursuant to § 607.
b. 
Signs pursuant to § 606.
c. 
Other accessory uses, structures, or buildings, provided such are clearly incidental to the principal use.
505.5 
Uses permitted by conditional use.
a. 
Shopping centers pursuant to § 605, but excluding gasoline service stations.
[Amended 10-25-1999 by Ord. No. 99-13]
b. 
Any other use as determined by the Board of Supervisors to be of the same general character as the permitted uses.
c. 
Hotel, provided that the same shall be constructed within 300 feet of and with exclusive access onto a divided, arterial highway.
505.6 
Uses permitted by special exception.
[Amended 10-25-1999 by Ord. No. 99-13]
a. 
Automobile court or motel, indoor theater, bowling lanes or other similar place of indoor recreation.
b. 
Living quarters for a proprietor, building manager, caretaker or watchman, if employed on the premises, as an accessory use within a principal building.
c. 
A private-use helistop as an accessory use to a permitted principal use subject to Planning Commission review and recommendation and conformance to the general standards prescribed in § 610.
d. 
Accessory uses, structures, or buildings not located on the same lot with the permitted principal use.
505.7 
Minimum yard dimensions.
a. 
Area: one acre.
b. 
Width: 200 feet.
505.8 
Minimum yard dimensions.
a. 
Front yard: minimum of 50 feet.
b. 
Each side yard:
(1) 
Minimum of 50 feet, except when an agricultural or residential district is adjacent to the side yard, in which case the side yard setback shall be 100 feet.
(2) 
When a mutual agreement is subscribed to by adjoining commercial property owners, no side yard shall be required where two commercial uses adjoin side by side; however, in no case shall common walls be permitted between properties of separate ownership. In the case of such a series of adjoining structures on lots of single and separate ownership abutting and paralleling a public right-of-way, an unobstructed passage of at least 20 feet in width shall be provided at grade level at intervals not more than 400 feet apart.
c. 
Rear yard: minimum of 50 feet, except when an agricultural or residential district is adjacent to the rear yard, in which case the rear yard setback shall be 100 feet.
d. 
Provided that, anything to the contrary contained in this § 505.8 not withstanding, the minimum required side or rear yard where a hotel use adjoins a multifamily dwelling use shall be 50 feet.
505.9 
Maximum lot coverage and building height.
a. 
Maximum building coverage: 40%.
b. 
Maximum impervious coverage: No lot three net acres or larger shall be covered by more than 65% of impervious surface, including but not limited to principal and accessory buildings, driveways and walkways, and parking areas. Lots three acres or less may have up to 75% impervious coverage.
[Amended 10-28-1996 by Ord. No. 96-13]
c. 
Maximum height of buildings and structures: 35 feet or 2 1/2 stories, whichever is less.
[Amended 10-22-2009 by Ord. No. 2009-04]
(1) 
Buildings over two stories in height shall be sprinklered, and shall have a standpipe, in accordance with the Uwchlan Township Building Code.

§ 506 PC-2 Planned Commercial District.

506.1 
Purpose. The purpose of the PC-2 Planned Commercial District is to provide and require unified and organized arrangement of buildings, service and parking areas, together with adequate circulation and open space, all planned and designed as integrated units, in a manner so as to provide and constitute efficient, safe, convenient and attractive shopping areas, offices, hotels and other appropriate uses. It is also the intent that areas zoned PC-2 be located within one mile from a limited access highway entrance and/or exit via existing state highways and that such areas have frontage on a minimum of two state highways classified as major streets in § 502.3 of the Uwchlan Township Subdivision and Land Development Ordinance. Public water shall be in accordance with Aqua Pennsylvania specifications public and sewers shall be in accordance with UTMA specifications except that temporary on-site sewage shall be permitted until connection to public facilities is available. Any use permitted in this district by right, special exception or condition and described in § 611 of this ordinance is subject to the requirements set forth in § 611.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
506.2 
Review procedures.
a. 
In order to assure the satisfactory development of the PC-2 Planned Commercial District, development plans shall be submitted to the Board of Supervisors under the procedures established in the ordinance.
b. 
A development plan for the parcel being subdivided and/or developed shall be prepared and submitted to the Board of Supervisors showing the overall development scheme, including location, proposed site layout, parking facilities, all adjacent highways, streets, and alleys with traffic flow patterns, and a tentative list of the kind of establishments to be located on the site and their approximate floor areas. Also, preliminary architectural sketches, elevations and engineering plans showing proposed methods of water control, type of sewage treatment, and a source of water supply, shall be required.
506.3 
Permitted uses.
a. 
Retail establishment for sale of dry goods, drugs, food, jewelry, variety, and general merchandise, hardware, household furnishings and supplies, instruments, electronic appliances, including repair service.
b. 
Restaurant, tearoom, cafe, confectionery or other place serving food or beverage, provided that no curb service shall be permitted.
c. 
Personal service shop, including barber shop, beauty salon, shoe repair, tailor, dressmaking, pickup station for laundry and dry cleaning.
d. 
Passenger station for public transportation, bank, savings and loan associations or other financial institution, business or professional office, offices or office building for administrative, executive and professional activity, hotel, and similar activities involving the performance or rendering of professional services, such as mortician, the sale of samples, sale promotion and demonstration of equipment; provided, however, that no merchandise shall be warehoused on the premises for sale, exchange or delivery thereon and further provided that nothing herein preclude the sale of merchandise manufactured, fabricated or warehoused at, or delivered to locations outside the PC-2 Planned Commercial District.
e. 
Multiple principal uses shall be permitted on a tract of land in a PC-2 District, provided that each principal use is otherwise permitted and only one principal use shall be permitted per lot.
506.4 
Permitted accessory uses located on the same lot with the permitted principal use.
a. 
Off-street parking pursuant to § 607, except as provided for in § 506.5.b(3).
b. 
Signs pursuant to § 606.
c. 
Other accessory uses, structures, or buildings, provided such are clearly incidental to the principal use.
506.5 
Uses permitted by conditional use.
a. 
Shopping centers pursuant to § 605.
b. 
Office buildings or hotels in excess of two stories but not more than five stories or 65 feet in height, whichever is less, when authorized in accordance with the standards set forth below and in § 806;
(1) 
Buildings shall be constructed with an interior fire protection sprinkler system and standpipe system, installed in accordance with the Uwchlan Township Building Code and approved by the Building Inspector.
(2) 
The minimum building setback from all lot and right-of-way lines shall be 50 feet except where the subject lot abuts a residential district, in which case the minimum setback from the lot line shall be 100 feet or twice the height of the office or hotel building, whichever is greater.
(3) 
The minimum number of parking spaces for office buildings in excess of 2 1/2 shall be one space for each 300 square feet of leasable floor area. The number of required parking spaces for all other uses shall be in accordance with § 607.2 of the this ordinance. If in the opinion of the Board of Supervisors parking proves to be inadequate, a sufficient number of spaces shall be added to alleviate the problem to the satisfaction of the Board of Supervisors.
(4) 
The size of the parking spaces within the PC-2 District for each vehicle shall consist of a rectangular area having a dimension of not less than nine feet in width and 20 feet in length. Subject to the discretion of the Board, up to 50% of the parking spaces shall be 10 feet wide. Where a parking space abuts a grass median of at least two feet in width or four feet in width where parking spaces are on each side of the median, only 18 feet of paving shall be necessary, with the remaining two feet being within the grass median area.
[Amended 5-11-1998 by Ord. No. 98-07]
(5) 
Retail facilities as accessory uses within office buildings or hotels may be permitted on the first floor only. Restaurants as accessory uses shall be permitted on any floor.
(6) 
All internal setback requirements for building and parking may be waived, subject to the approval of the Board of Supervisors.
506.6 
Minimum lot size.
a. 
Lot area of development: six acres.
b. 
Minimum lot area: two acres.
c. 
Average lot size in development tract: three acres.
d. 
Minimum lot width: 200 feet.
e. 
Minimum setback from any lot line or right-of-way line (except as provided in § 506.5): 50 feet.
506.7 
Maximum lot coverage and building height.
a. 
Maximum building coverage: 40%.
b. 
Maximum impervious coverage: No lot three net acres or larger shall be covered by more than 65% of impervious surface, including but not limited to principal and accessory buildings, driveways and walkways, and parking areas. Lots three acres or less may have up to 75% impervious coverage.
[Amended 10-28-1996 by Ord. No. 96-13]
c. 
Maximum height of buildings and structures: 2 1/2 stories or 35 feet, whichever is less, except as provided in § 506.5.b.
d. 
Minimum parking setback: 25 feet from any property line other than the right-of-way line of a state or Township highway, except as provided in § 506.5. Setback from property lines constituting a right-of-way line of a state or Township highway shall be 10 feet or such greater distance as may be necessary to prevent infringement upon reasonable sight distances as per Township ordinances.

§ 507 PIC Planned Industrial-Commercial District.

507.1 
Purpose. The purpose of the PIC Planned Industrial-Commercial District is to provide sufficient space in appropriate locations to meet current and anticipated future regional needs for large-site industrial and commercial development appropriate to the community. It is further intended that the PIC District encourage industrial and commercial development that will benefit the community and the region, both economically and aesthetically, by permitting investment in a planned facility that will provide for the location of several plants and/or commercial establishments to insure efficient integration and consolidation of access to existing and planned future roadways and utilities. The requirement for a plan will provide the Board of Supervisors with a means to review proposals and permit the development of those facilities which, in addition to demonstrating a contribution to the community and the region, would incorporate design innovations in buildings and landscaping that would minimize any adverse impacts on adjacent uses. It is envisioned that these benefits would accrue with the development of a unified tract designed to integrate various, single industrial plants and/or commercial establishments. Any use permitted in this district by right, special exception or condition and described in § 611 of this ordinance is subject to the requirements set forth in § 611.
507.2 
Review procedures. Planned Industrial-Commercial developments shall be subject to the procedures for site plan review and approval established by the Township Subdivision and Land Development.
507.3 
Permitted uses.
a. 
Manufacturing, wholesaling, processing, warehousing and distributing, provided that no bulk storage of liquid or gaseous fuels shall be permitted except for consumption on the premises.
b. 
Laboratory for scientific research and development.
c. 
Agriculture, except intensive agriculture.
d. 
Passenger station for public transportation; electric substations; telephone central office.
e. 
Theater (movie or performing) within a permanent building; library, civic or cultural center.
f. 
Retail establishment for sale of dry goods, drugs, food, jewelry, variety and general merchandise, hardware, household furnishings and supplies, instruments, electronic appliances, including repair service, job printing.
g. 
Restaurant, tearoom, cafe, confectionery or other place serving food or beverages, provided that no curb service shall be permitted.
h. 
Automobile court or motel, bowling lanes or other similar place of indoor recreation.
i. 
Personal service shop, including barber, beauty salon, shoe repair, tailor, dressmaking, pickup station for laundry and dry cleaning.
j. 
Frozen food lockers, wholesaling, warehousing, distributing, provided that all parking, loading and unloading shall be in the rear of the building and screened from a side street if on a corner lot.
k. 
Offices or office building for administrative, executive and professional activity, and similar activities involving the performance or rendering of professional service, such as a bank, financial institution, mortician, the sale of real estate and business office, including the showing of samples, sale promotion and demonstration of equipment; provided, however, that no merchandise shall be warehoused on the premises for sale, exchange or delivery thereon, and further provided that nothing herein preclude sale or manufacturers' representatives from arranging for the sale of merchandise manufactured, fabricated or warehoused at, or delivered to, locations outside of PIC Planned Industrial-Commercial District.
l. 
Wholesale establishment for the sale and distribution of dry goods, drugs, foods, variety and general merchandise, hardware, household furnishing, electrical appliances and supplies, job printing.
m. 
Wholesale establishment for the sale of plumbing and heating equipment and supplies, lumberyard, including the customary storage and work yards incidental thereto when screened by a fence, wall or planting screen.
n. 
Automatic self-service laundry and dry-cleaning establishment with certificates of approval by the public health agency having jurisdiction, with regard to waste disposal, and by the Fire Marshal, with regard to compliance with all safety regulations.
o. 
Churches.
p. 
Public uses, structures, or buildings owned or operated by the Township, a Municipal Authority organized by the Township or an Authority of which the Township is a member.[1]
[1]
Editor's Note: Former Section 507.3.q, regarding regional shopping centers, added 8-5-1996 by Ord. No. 96-06, which immediately followed this subsection, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
507.4 
Permitted accessory uses located on the same lot with the permitted principal uses.
a. 
Private parking areas pursuant to § 607.
b. 
Signs pursuant to § 606.
c. 
Other accessory uses, structures or buildings, provided such are clearly incidental to the principal use.
507.5 
Uses permitted by conditional use.
a. 
Shopping centers pursuant to § 605.
b. 
(1) 
Structures over 2 1/2 stories or 35 feet in height up to 65 feet in height may be permitted, provided they are sprinklered according to the provisions of the Uwchlan Township Fire Code, and provided that for each foot in excess of 35 feet, there shall be a corresponding decrease in both maximum impervious coverage and building coverage by 0.7% and provided such height increase does not impinge on the rights of existing or future residents in the community.
(2) 
Public and private wireless communication facilities.
[Amended 2-22-1999 by Ord. No. 99-04; 10-22-2009 by Ord. No. 2009-04; 10-14-2014 by Ord. No. 2014-03]
c. 
Facilities for outdoor recreation, not including shooting or archery ranges, motor vehicle racing or amusement parks.
d. 
Any other use as determined by the Board of Supervisors to be the same general character as the permitted uses.
e. 
Off-premises outdoor advertising signs, subject to the regulations of § 606.
[Added 1-24-2000 by Ord. No. 2000-01]
f. 
Hospitals.
[Added 12-9-2013 by Ord. No. 2013-06]
g. 
Any legitimate use not specifically provided for in any zoning district and which is not inherently objectionable.
[Added 12-9-2013 by Ord. No. 2013-06]
507.6 
Uses permitted by special exception.
a. 
Gasoline service station, provided that no station be located closer than a five-hundred-foot radius from the next nearest gasoline service station property line.
b. 
Living quarters for a proprietor, building manager, caretaker or watchman, if employed on the premises, as an accessory use within a principal building.
c. 
Commercial uses or activities which are customarily and directly related to the comfort and convenience of the traveling public, including rest facilities designed and operated exclusively for licensed truckers, when maintained in strict accordance with the regulations of the Pennsylvania Department of Labor and Industry, and any other public agency having jurisdiction.
d. 
A private-use helistop as an accessory use to a permitted principal use subject to Planning Commission review and recommendation and conformance to the general standards prescribed in § 610.
e. 
Accessory uses not located on the same lot with the permitted principal use.
507.7 
Minimum lot size.
a. 
Area: five acres.
b. 
Width: 200 feet.
507.8 
Minimum yard dimensions, setbacks and buffers.
[Amended 8-14-2000 by Ord. No. 2000-09]
a. 
Front yard: Minimum of 40 feet, except when an agricultural or residential district is adjacent to the front yard, in which case front yard setback shall be 150 feet minimum in conformance with Subsection e, below.
b. 
Each side yard: Minimum of 15 feet, except when an agricultural or residential district or lot containing an occupied dwelling is adjacent to the side yard, in which case the side yard setback shall be 150 feet in conformance with Subsection e, below, on the side thus abutted. On a corner lot there shall be a side yard of not less than 40 feet.
c. 
Rear yard: Minimum of 15 feet, except when an agricultural or residential district or lot containing an occupied dwelling unit is adjacent to the rear yard, in which case the rear yard setback shall be 150 feet in conformance with Subsection e, below.
d. 
By conditional use. Subject to § 806, the setbacks required when a building abuts a residential or agricultural district or a lot containing an occupied dwelling may be reduced from 150 feet to a distance determined by the Board of Supervisors to be sufficient to allow for proper protection of abutting property and its use but in no case to a distance less than the district normally requires.
e. 
In every instance where a setback of 150 feet is required by this section or a reduced setback is approved by conditional use pursuant to Subsection f, below, the said setback shall be improved as a buffer and shall provide on installation a year-round visual screen by a combination of planted berms, fences, walls, coniferous and deciduous trees, shrubs and other plantings. No other structures or signage (excepting underground utilities) shall be permitted within the setback buffer and no parking shall be there located. Impervious surfaces within the setback buffer shall be limited to necessary access drives designed and located so as to minimize the interruption of the visual screen. The following additional requirements shall also be met:
1. 
A setback buffer plan prepared and sealed by and over the signature of a registered landscape architect authorized to provide professional services in the Commonwealth of Pennsylvania shall be submitted as an integral component of the application for special exception, conditional use approval, or preliminary subdivision and land development plan approval, whichever is first submitted. The said plan shall comply with the general requirements applicable to preliminary subdivision and land development plan submissions and shall contain sufficient information to determine compliance with this section.
2. 
Berms shall be employed whenever the existing topography permits.
3. 
Existing mature trees located within the setback buffer shall be preserved using, where necessary, tree wells and/or tree walls and, where preserved, shall be counted toward the satisfaction of the numerical planting requirements of this section.
4. 
Where fences and walls are employed to create the mandatory visual screen they shall be not less than eight feet in height (except within clear-sight triangles).
5. 
The type, design, location, configuration, materials, and colors of fences and walls shall be responsive to the visual and aesthetic characteristic of the tract and adjoining lands and uses, shall create visual interest from the perspective of adjoining properties, and shall avoid conflict with the character of adjoining uses.
6. 
In those areas of the setback buffer improved with an approved fence or wall, there shall additionally be planted on the side of the fence or wall facing the adjoining property: one coniferous tree per 20 lineal feet of buffer, one canopy tree per 30 lineal feet of buffer, one flowering tree per 60 lineal feet of buffer, and one each of deciduous and flowering shrubs (at a ratio of one-to-one) per 30 lineal feet of buffer.
7. 
In those areas of the setback buffer not proposed to be improved with a fence or wall, there shall be planted: two coniferous trees, one canopy tree, one flowering tree, and one deciduous or one flowering shrub (at a ratio of one-to-one) per 20 lineal feet of buffer planted generally in a double staggered row so as to achieve a naturalistic effect to the maximum extent consistent with the requirement of providing on installation a year-round visual screen.
8. 
Canopy trees shall be of an approved species and not less than three lineal inches in caliper on installation; coniferous trees shall be of an approved species and not less than eight feet in height on installation; shrubs shall be of an approved species and not less than two feet in height on installation.
9. 
All plantings shall conform to the most current edition of the "American Standard for Nursery Stock" of the American Association of Nurserymen; shall be typical of their species and variety, have normal growth habits, well developed, densely foliated branches, and vigorous, fibrous root systems; and shall be freshly dug and/or containerized nursery-grown stock, free from defects, injuries, diseases, and pests.
10. 
The estimated cost of all proposed setback buffer plantings and structures shall be included in the financial security posted in conformance with Section 509 of the Pennsylvania Municipalities Planning Code, 53 P.S § 10509.
11. 
A two-year maintenance and replacement guarantee for all plantings shall be provided to the Township by the landscaping contractor. Following the expiration of the guarantee, all dead and injured plantings shall be promptly removed and replaced by the landowner. All setback buffer plantings and improvements shall be maintained by the landowner.
f. 
Notwithstanding the provisions of Subsections 507.8.a through c above, when a lot in the Planned Industrial-Commercial District abuts a lot that is subject to a use or conservation easement or restriction which requires the lot thus abutted to be used for agricultural or open space purposes, the front, rear or side yard buffer setback required by Subsections 507.8.a through c on the side thus abutted may, if approved by conditional use by the Board of Supervisors, be reduced to the greater of 75 feet or three feet for every one foot of building height on the PCID lot (to a maximum setback requirement of 150 feet), even if said agricultural or open space lot contains an occupied dwelling. The provisions of Subsection 507.8.e above shall apply to any front, rear or side yard governed by this Subsection f, but only within the required buffer setback area as approved by conditional use.
507.9 
Maximum building coverage and height.
a. 
Maximum building coverage: 50%.
b. 
Maximum building coverage: Maximum impervious coverage: no lot three net acres or larger shall be covered by more than 65% of impervious surface, including but not limited to principal and accessory buildings, driveways and walkways, and parking areas. Lots three acres or less may have up to 75% impervious coverage.
[Amended 10-28-1996 by Ord. No. 96-13]
c. 
Maximum height of buildings: 35 feet (except as provided in § 507.5b) or 2 1/2 stories, whichever is less.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 508 PCID Planned Commercial Industrial Development Districts.

[Amended 4-8-1996 by Ord. No. 96-04; 9-8-1997 by Ord. No. 97-12]
508.1 
Purpose. The purpose of the PCID District is to provide for unified and flexible development of a large area of land with a mixture of uses.
508.2 
Criteria for PCID District. All land to be considered for development within the PCID District and all proposals for development within the PCID District shall comply with the following criteria:
1) 
Areas zoned PCID shall contain a total tract area of at least 275 contiguous acres and have direct frontage on a major highway as defined by the Uwchlan Township Zoning Ordinance.
2) 
All land proposed for development within the PCID District must be in single ownership, or subject to an agreement among all owners to develop pursuant to a coordinated plan.
508.3 
Review procedures. In order to assure that development of the PCID District complies with the intent of this section, a Master Concept Plan for the tract shall be submitted to the Board of Supervisors in conformance with the following procedure:
a. 
An applicant for approval of any development within the PCID District shall initially present a Master Concept Plan that shall, following approval, stand as an official tentative plan, with phased submittals for final approval as development proceeds. The Master Concept Plan shall include the entire tract and shall contain the following information:
(1) 
Location, proposed site layout, parking facilities, all adjacent highways, streets and alleys with traffic flow patterns, and a tentative list of the kind of establishments to be located on the site.
(2) 
Sketches, elevations and engineering plans showing proposed methods of stormwater control, type of sewage treatment and disposal, and the source of water supply.
b. 
In addition to the Master Concept Plan, the applicant shall submit the following studies: traffic, utility investigations and a detailed report that evaluates the effect of the Planned Commercial Industrial Development on municipal services (such as police, fire, recreation), public facilities, utilities, budget, environmental impact, stormwater drainage and transportation system.
c. 
Following approval of the Master Concept Plan, and, where applicable, conditional use approval, site development plans for sections of the tract shall be submitted and reviewed in accordance with the current Subdivision and Land Development Ordinance regulations. The provisions of the Subdivision and Land Development Ordinance, shall apply unless the regulations are altered by this § 508.
508.4 
Permitted uses. The following uses shall be permitted in the areas of the PCID designated on the Master Concept Plan for office park uses:
a. 
Manufacturing, assembling and/or servicing electronic equipment.
b. 
Passenger station for public transportation; electric substation; telephone central office.
c. 
Hotel and/or conference center.
d. 
Professional and other business offices.
e. 
Restaurant, cafeteria or recreational facilities designed for the comfort and convenience of employees, provided such facilities are located inside the confines of the building and are not offered for use by the general public.
f. 
Churches.
g. 
Public uses, structures, or buildings owned, operated or subsidized by the Township, a Municipal Authority organized by the Township or an Authority of which the Township is a member.
h. 
Indoor recreational facilities containing amenities such as a swimming pool, spa, indoor track, nautilus equipment, handball courts and facilities typical of a YMCA facility.
i. 
Laboratory for scientific research and development, excluding animal research for cosmetics purposes.
j. 
Day-care centers.
k. 
Wholesaling, warehousing and distributing, provided that there shall be no exterior evidence of such, and, further, no bulk storage of liquid or gaseous fuel or chemicals shall be permitted except for immediate consumption on the premises.
508.5 
Permitted accessory uses to office park uses.
a. 
Off-street parking pursuant to § 607, provided that, where a parking space abuts a grass median of at least two feet in width, or four feet in width where parking spaces are on each side of the median, the minimum length of the parking space may be 18 feet.
b. 
Signs pursuant to § 606.
c. 
Other accessory uses, structures or building, provided such are clearly incidental to the principal use.
508.6 
Uses permitted by conditional use. The following uses shall be permitted in the PCID District when approved by the Board of Supervisors as a conditional use:
a. 
Convenience centers. Principal uses as stated in § 605 shall be permitted subject to the provisions thereof except that no gasoline service stations, garages (private or public) or drive-in food establishments shall be permitted. In addition, the following convenience uses are permitted in the PCID District:
(1) 
Theater (movie or performing) within a permanent building; library, civic or cultural center.
(2) 
Automatic self-service laundry and dry-cleaning establishment.
b. 
Manufacturing and processing, provided that there shall be no bulk storage of liquid or gaseous fuels or chemicals except for immediate consumption on the premises, and no raw materials or finished products shall be permitted on the exterior of the building.
c. 
Restaurant, tearoom, cafe, confectionery or other place serving food or beverages, provided that no curb service shall be permitted.
d. 
Any nonresidential buildings in excess of three stories but not more than five stories or 65 feet in height, provided that:
(1) 
Structures up to 65 feet in height may be permitted, provided they are sprinklered and have standpipe systems in accordance with the Uwchlan Township Fire Code, and provided that for each foot in excess of 35 feet, there shall be a corresponding decrease in both maximum impervious coverage and building coverage by 0.7% and provided such height increase does not impinge on the rights of existing or future property owners in the community. The decrease in impervious coverage shall be 0.2% for each one foot over 35 feet height limit for a structure in the Town center only.
[Amended 9-14-2009 by Ord. No. 2009-03]
(2) 
The minimum parking spaces for office buildings shall be one space for each 300 square feet of leasable floor area. The number of required parking spaces for all other uses shall be in accordance with § 607.2 of this ordinance. If in the opinion of the Board of Supervisors parking proves to be inadequate, a sufficient number of additional spaces shall be added to alleviate the problem to the satisfaction of the Board of Supervisors.
e. 
Wagering and gambling facilities, provided that no such use shall be located on any lot or parcel of land unless said lot or parcel of land or any part thereof is separated by either (a) a distance of 1,500 feet (except for a hotel) or (b) the right-of-way of a limited access highway, from any lot or parcel of land which is used for residential purposes (except for a hotel) in the Township or an adjoining Township; or which is included in whole or in part within a residential zoning district of the Township or an adjoining Township.
f. 
Town center as defined in § 508.11.[1]
[1]
Editor's Note: Former Subsection g, regarding wagering and gambling facilities, which immediately followed this subsection, was deleted 10-22-2009 by Ord. No. 2009-04.
g. 
Hospitals.
[Added 12-9-2013 by Ord. No. 2013-06[2]]
[2]
Editor’s Note: This ordinance also redesignated former § 508.6.g and h as § 508.6.h and i, respectively.
h. 
Off-premises outdoor advertising signs, subject to the regulations of § 606.
[Added 1-24-2000by Ord. No. 2000-01]
i. 
Any other use as determined by the Board of Supervisors to be the same general character as the permitted uses.
j. 
Any legitimate use not specifically provided for in any zoning district and which is not inherently objectionable.
[Added 12-9-2013 by Ord. No. 2013-06]
k. 
Planned life care facility in compliance with all of the requirements of §§ 508.13 and 806.4.
[Added 6-8-2015 by Ord. No. 2015-03]
508.7 
Uses permitted by special exception.
a. 
A private-use helistop as an accessory use to a permitted principal use subject to Planning Commission review and recommendation and conformance to the general standards prescribed in § 610.
b. 
Accessory uses not located on the same lot with the permitted principal use.
508.8 
Minimum lot size and open space requirement for office park uses.
a. 
Area: Two acre minimum with a three acre average. However, one to 1.99 acre size lots may be permitted for a maximum of 5% of the total number of lots in the development. Also, any lot which is less than three acres shall be under single ownership and shall contain one specific use, company or corporation.
b. 
Width: 200 feet.
c. 
Designated open space. In areas to be developed for office park uses the developer shall allow for a minimum of 5% of the total net tract area, which may include stormwater management areas, that shall be properly landscaped, separate from any lots, and usable for any active or passive recreation.
d. 
Maximum impervious coverage: No lot three net acres or larger shall be covered by more than 65% of impervious surface, including but not limited to principal and accessory buildings, driveways and walkways and parking areas. Lots three acres or less may have up to 75% impervious coverage.
508.9 
Minimum yard dimensions for office park uses.
a. 
Front yard: minimum of 40 feet, except when an agricultural use or residential district is adjacent to the front yard, in which case front yard setback shall be 150 feet minimum.
b. 
Each side yard: minimum of 15 feet, except when an agricultural use or residential district, or lot containing an occupied dwelling, is adjacent to the side yard, in which case the side yard setback shall be 150 feet on the side thus abutted. On a corner lot there shall be a side yard of not less than 40 feet.
c. 
Rear yard: minimum of 15 feet, except when an agricultural use or residential district, or lot containing an occupied dwelling unit, is adjacent to the rear yard, in which case the rear yard setback shall be 150 feet.
d. 
By conditional use: subject to § 806, the setbacks required when a building abuts a residential or agricultural district or a lot containing an occupied dwelling may be reduced from 150 feet to a distance determined by the Board of Supervisors to be sufficient to allow for proper protection of abutting property and its use but in no case to a distance less than the district normally requires.
508.10 
Requirements governing residential uses within residential use portions of the PCID. Residential uses will be permitted as the exclusive use only on a minimum of 100 contiguous acres.
a. 
Permitted density.
[Amended 9-14-2009 by Ord. No. 2009-03]
The maximum allowable residential density calculated with reference to the portion of the tract to be developed exclusively for residential uses shall be four dwelling units per acre, provided that a maximum density of 4.15 dwelling units per acre shall be permitted if the dwelling units in excess of 4.0 dwelling units per acre consist entirely of units designed and intended for occupancy by senior citizens pursuant to a program of housing subsidization under the auspices of an agency of the county, commonwealth, or United States government. In no event shall the net residential density of any specific use area and calculated with reference to that area exceed the following:
Dwelling Unit Type
Maximum Permitted Net Density
(1)
Single-family detached
4 dwelling units per acre
(2)
Single-family semidetached
6 dwelling units per acre
(3)
Single-family attached (townhouse or quadraplex)
8 dwelling units per acre
(4)
Apartments, low rise apartments and multifamily dwellings
12 dwelling units per acre
(5)
Single-family garden lot development
5 dwelling units per acre
(6)
Attached garden lots
8 dwelling units per acre
Of the total number of dwelling units within the residential portion of the PCID development, the proportions of each dwelling unit type shall be as follows:
% of Total Dwelling Units
Building Type
Minimum
Maximum
(1)
Single-family detached
N/A
*
(2)
Single-family attached (townhouse and quadraplex) and attached garden lot development
0
40%**
(3)
Apartments, low-rise apartments, mid-rise apartments, and multifamily dwellings
20%
60%
NOTES:
*
Of the total number of single-family detached and semidetached dwelling units, a maximum of 25% may be semidetached dwellings.
**
Of the total number of single-family attached dwelling units, a maximum of 15% may be quadraplex dwellings.
b. 
No waiver shall be granted for yards facing adjacent properties along the tract boundaries.
c. 
The developer shall establish compliance with the area and bulk regulations set forth on the chart inserted herein for each use and dwelling unit type.
Apartments, Low Rise Apartments and Multifamily Dwellings
Townhouses or Quadraplexes
Single-Family Detached or Semidetached
Single-Family Garden Lot Development
Attached Garden Lot Development
(1)
Minimum lot area per dwelling unit
N/A
N/A
8,000 square feet
6,000 square feet (average lot area)
N/A
(2)
Minimum lot width at building
N/A
20 feet [A]
75 feet
55 feet
40 feet (minimum width at street line)
20 feet [A]
(3)
Minimum side yard
§ 508.10.d[B]
§ 508.10.d [B]
10 feet with a minimum aggregate of 30 feet
3 feet [D]
§ 508.10.d [B]
(4)
Minimum rear yard
§ 508.10.d[B]
30 feet
40 feet
Dwelling, 10 feet; garage, 10 feet; other structures, including fences and sheds, 10 feet [E]
30 feet
(5)
Minimum front yard
10 feet
10 feet
35 feet
10 feet [F][G]
10 feet [F][G]
(6)
Distance between buildings
§ 508.10.d
§ 508.10.d
N/A
20 feet
20 feet
(7)
Parking area set back from lot line or street ultimate right-of-way
20 feet [C]
20 feet [C]
N/A
N/A
N/A
(8)
Maximum height
3 1/2 stories or 40 feet (but see § 508.10.d)
2 1/2 stories or 35 feet
2 1/2 stories or 35 feet
2 1/2 stories or 35 feet
2 1/2 stories or 35 feet
(9)
Street
See § 502 of the Subdivision and Land Development Ordinance
See § 502 of the Subdivision and Land Development Ordinance
See § 502 of the Subdivision and Land Development Ordinance
A.
Minimum street right-of-way width 40 feet
Same as single-family garden lot
B.
Minimum street cartway width 26 feet
C.
Minimum alley width (private ownership) one-directional alley, 12 feet; two-directional alley, 18 feet
D.
Upright curb shall not be permitted on alleys except where required for drainage purpose
NOTES:
[A]
Minimum width of an individual unit is 20 feet.
[B]
Applies to end building only. When abutting parking area or street right-of-way, then 10 feet setback is permissible.
[C]
Applies only to parking lots and joint parking areas, not to on-lot parking areas associated with individual driveways or garages.
[D]
(1)
Within a three-foot minimum side yard, no structures other than the following shall be permitted: HVAC equipment, upper level building overhang not to exceed 25 square feet, chimney projections, columns, trellises, fences or garden walls (and in the case of a fence or wall, only where a garden lot dwelling wall which faces the adjacent dwelling is recessed in conjunction with a patio or deck) and any other ancillary structures deemed appropriate by the Township.
(2)
No dwelling may be constructed closer than 10 feet to any building that is located on an adjacent lot.
(3)
The owner of a single-family garden lot may construct a dwelling, fence, wall, garage or other structure within 10 feet of a lot line (a "garden lot structure") in accordance with the Township building permit procedure (except as otherwise permitted in this ordinance) only if:
(a)
The lot on which the garden lot structure is constructed benefits from an easement over maintenance or repairs to such garden lot structure, which easement shall obligate the party exercising its rights thereunder to restore the land disturbed by such exercise;
(b)
The lot on which such garden lot structure is located shall be subject to a restriction prohibiting such owner from constructing thereon any window or opening on the side of a dwelling facing the adjacent dwelling, the nearest wall of which is less then 20 feet away from the garden lot structure and which adjacent dwelling has a window facing the wall of the garden lot structure except that such restriction against a first floor window in the facing wall of a garden lot structure shall not apply if there is a fence at least five feet in height installed in the side yard of the lot of the garden lot structure and the adjacent dwelling (a "privacy fence"), nor shall such restriction apply if a window in the facing wall of a garden lot structure is a clerestory window on a sill which is a minimum of 4'6" from the floor plate. In the case where there are two adjacent dwellings with facing walls containing windows, both lots shall be subject to a restriction prohibiting the owner from placing a window on the facing wall of the extension or addition to such garden lot structure within 10 feet of the lot line;
(c)
Within the three-foot minimum side yard, the owner of the garden lot structure shall be permitted to plant and maintain grass; and
(d)
The declarant under the declaration and any homeowners' association created pursuant thereto shall likewise benefit from the easements described in clauses (1) and (3) above, and has the obligation to enforce the restriction described in clause (2) above.
For the purposes of clause (b) above, a window in a garden lot structure shall not be deemed to be "facing" an adjacent dwelling unless the wall in which such window is installed is parallel to either:
(a)
The outside wall on the adjacent dwelling which is less than 20 feet away from the garden lot structure; or
[Amended 10-22-2009 by Ord. No. 2009-04]
(b)
The privacy fence between the garden lot structure and the adjacent dwelling.
[E]
In the case where the driveway to the garage is from the alley, then the garage and/or dwelling must be set back at least 20 feet from the edge of the alley cartway if the garage doors face the alley. Where the side of the garage faces the alley the ten-foot setback shall be from the edge of the paving. The ten-foot setback for fences and sheds shall also be from the edge of paving where abutting an alley. In the case of reverse frontage lots, each lot shall provide a rear yard setback of 40 feet to the building line. Access alleys may be located within the setback area where adequate landscaping and berming are provided and access to the lots is restricted to the interior street or rear alley.
[Amended 11-13-2000 by Ord. No. 2000-12]
[F]
Single driveway will not be permitted within the front yard only if the lot is not serviced by a rear or side access alley.
[G]
Uncovered stairs attached to the house or porch structure may extend into the required front yard. Stair treads in the required front yard shall not exceed 48 inches vertically above grade.
[Added 6-12-2000 by Ord. No. 2000-05]
[H]
All housing types and their accessory structures serviced by alleys shall maintain a minimum setback of 20 feet from the paving edge of the alley except as provided in [E]. [H] shall be added to all housing types of § 508.10.c under rear yard and side yard requirements.
[Amended 11-13-2000 by Ord. No. 2000-12]
[I]
Maximum impervious coverage: No lot three net acres or larger shall be covered by more than 65% of impervious surface, including but not limited to principal land accessory buildings, driveways and walkways and parking areas. Lots three acres or less may have up to 75% impervious coverage.
[Amended 10-28-1996 by Ord. No. 96-13]
d. 
Notwithstanding and in addition to the above requirements, the developer shall also demonstrate compliance with the following:
(1) 
The minimum horizontal distance between groups of townhouses, attached garden lots, quadraplexes, apartments, low rise apartments and multifamily dwelling shall be:
(a) 
One and one-half times the average height of the two groups of such buildings for front or rear walls facing front or rear walls; architectural features that are less than 10 square feet in area and decks shall be permitted in this required setback area as long as they are at least 40 feet from an adjacent deck or projection. Decks shall be set back 20 feet from paved edge of alley;
[Amended 11-13-2000 by Ord. No. 2000-12]
(b) 
Twenty feet for front or rear walls facing side walls; and
(c) 
Twenty feet for side walls facing side walls.
(2) 
Low rise apartment buildings may be permitted by conditional use to a maximum height of 65 feet or five stories, whichever is less, provided that:
(a) 
They comply with all provisions of the Uwchlan Township Building Code;[3]
[3]
Editor's Note: See Ch. 106, Construction Codes, Uniform.
(b) 
There is a corresponding decrease in both maximum impervious coverage and building coverage by 0.7% for each foot of height in excess of 35 feet; the decrease in impervious coverage shall be 0.2% for each one foot over 35 feet height limit for a structure in Town Center only; and
[Amended 9-14-2009 by Ord. No. 2009-03]
(c) 
Any such building is equipped with an interior sprinkler system and standpipe system, and is not of height that exceeds the capability of available fire and emergency equipment.
(3) 
Access and service shall be provided in the front of each dwelling. Parking may be provided on the lot, as carports or garages; as an integral part of the dwelling; or as a joint parking facility for a group of dwellings with such deed restrictions as are necessary to determine ownership and maintenance of common parking facilities and methods of assigning charges for snow removal and repairs.
(4) 
Multifamily dwelling unit buildings shall not exceed 260 feet in length.
(5) 
The minimum setback of any townhouse or multifamily building abutting a parking area or its accessway shall be not less than 10 feet.
(6) 
Rooftop air conditioners or other external mechanical equipment on apartments, low rise apartments and multifamily dwellings shall be adequately screened on all four sides, not to prevent proper operation.
e. 
Other regulations.
(1) 
The developer shall, during the conditional use hearing, demonstrate the feasibility of compliance with the standards, criteria, regulations, and specifications contained in this ordinance and in the Township's Subdivision and Land Development Ordinance. The final plan shall be in conformance with the said standards, criteria, regulations, and specifications. Where the standards of this section are manifestly inconsistent with standards otherwise applicable, the standards of this section shall control.
(2) 
The application for conditional use approval shall contain all materials and shall depict all information specified in § 401 of the Subdivision and Land Development Ordinance together with all materials and information necessary to establish compliance with this section.
f. 
Parking requirements.
(1) 
Minimum parking requirements. All buildings and other structures within the residential portions of the PCID shall be provided with the minimum of 2 1/2 off-street parking spaces, which may include garage spaces, per dwelling unit. The visitor parking shall be indented eight feet from the travel lane and on a private street only. Age-restricted apartments in the Town center shall require two spaces per unit.
[Amended 11-13-2000 by Ord. No. 2000-12; 9-14-2009 by Ord. No. 2009-03]
(2) 
Shared parking. One or more parking lots may be designed to service a group of semidetached, attached, or multifamily residential units so long as the total number of such parking spaces is no less than 2 1/2 spaces per dwelling unit served thereby and each dwelling unit served thereby has convenient access to the associated parking.
(3) 
Paving. All required parking areas and all access drives shall have a macadam or concrete surface.
(4) 
Parking within front yard. Required parking shall be permitted within required front or side yards unless prohibited by other requirements of this ordinance.
(5) 
Parking requirements. In the case of single-family garden lot development, attached garden lots, townhouses or quadraplexes, multifamily or apartments and townhouse/retail, the following parking requirements shall apply:
(a) 
Minimum parking requirements. All single homes shall be provided with the minimum of 2 1/2 off-street parking spaces per dwelling unit. Garage spaces shall be included in meeting the minimum requirements.
(b) 
Parking space and garage setbacks shall be as required by § 508.10.c (chart).
(c) 
On-street parking shall be permitted when alleys, parking areas or driveways are used for vehicular access to the dwelling units. No parking shall be permitted on the rear alley and such rear alleys shall be appropriately signed to prohibit rear alley parking and to indicate that such rear alleys are fire lanes. Parking shall be limited to one side of the street only unless the applicant demonstrates to the satisfaction of the Board of Supervisors that parking on both sides of the street can be accommodated in a safe and efficient manner.
g. 
Storage of trash and rubbish. Exterior storage areas for trash and rubbish shall be well screened on all four sides; one side or portion thereof being a gate, and contained in airtight, verminproof containers. Interior storage areas for trash and rubbish shall, at all times, be kept in an orderly and sanitary fashion.
h. 
Standards for location and management of common open space, recreation facilities and required open space.
[Amended 12-9-2013 by Ord. No. 2013-06]
(1) 
No less than 25% of the gross area of the portion of the PCID to be developed for residential use shall be common open space, exclusive of buildings, parking areas, and other improvements; lots and required lot areas; and existing and proposed street rights-of-way. Common open space must remain in its natural condition unless designed for active or passive recreation as outlined below. No less than 50% of the common open space must be adequate for the development of active recreation facilities. These facilities may include, but are not limited to, playgrounds, swimming pools, tennis courts, ball diamonds, recreation centers and basketball courts. The number and dimensions of such facilities shall be in accordance with the standards published by the National Recreation and Park Association and as approved by the Board of Supervisors. Where possible, the open space shall be designed as a contiguous area easily accessible to the residents and preserving natural features.
(2) 
The governing documents for the development shall include provisions which insure that the common open space land shall continue as such and be properly maintained in accordance with an approved open space management plan as described in § 617 of this ordinance. These provisions shall be in a form acceptable to the Township’s Solicitor. The developer shall either: a) dedicate such land to public use of the Township or other public agency that has indicated it will accept such dedication; b) retain ownership and responsibility for maintenance of such common open space land; or c) provide for and establish one or more organizations for the ownership and maintenance of all common open space. In the case of (c) above, each organization shall be a nonprofit homeowners’ association.
i. 
Management, maintenance, and repair of public facilities and community services.
(1) 
The developer shall assume responsibility for the management, maintenance, repair, and operation of the following facilities: roads, gutters, sidewalks, curbs, drainage system, water distribution system, sewerage system, public lighting system, public signs, recreation facility and any other public facility not listed, if not dedicated to the Township or a Municipal Authority.
The developer shall assume responsibility for the provision of the following community services: refuse collection, snow removal, leaf removal, street cleaning, and the operation of community buildings.
The developer may divest himself of any or all management, repair and operational responsibility by dedication of such facilities to the Township or a Municipal Authority, if acceptable to these bodies, or by creating an organization acceptable to the Board of Supervisors for the management, repair and maintenance of public facilities.
j. 
Standards for fences, walls and hedges.
Fences, walls and hedges shall be permitted in any yard, provided no fence, wall or hedge in a required front yard shall be greater than four feet. Any fence in a front yard that exceeds 36 inches shall be an ornamental fence that contains an open area of not less than 75%.
Where a fence located in a front yard is situated within an applicable sight triangle for a street, alley or driveway, the height of the fence shall be no greater than three feet.
508.11 
Requirements governing Town Center uses. Town Center uses shall be permitted on a specific site set aside and designated for Town Center development by the applicant and agreed upon by the Board. This site shall comply with the density and area and bulk requirements of this § 508.11. Any or all of the following standards may be waived or modified by the Board of Supervisors upon demonstration by the applicant that innovative layout of lots, siting of structures and architectural design does not adversely affect the health and general welfare of the residents of Uwchlan Township.
[Amended 1-14-2002 by Ord. No. 2002-01; 11-25-2002 by Ord. No. 2002-07; 9-14-2009 by Ord. No. 2009-03; 6-13-2022 by Ord. No. 2022-02; 7-14-2025 by Ord. No. 2025-08]
a. 
Permitted residential density. For the purpose of calculating the residential density in the town center, the applicant shall use the entire area of the town center development. The maximum permitted residential densities shall be as follows:
(1) 
Garden apartments (one- or two-story apartments), low rise apartments (three- to five-story apartments): 12 dwelling units per acre.
(2) 
Apartments designed and intended for occupation by senior citizens: 16 dwelling units per acre.
(3) 
Townhouse or townhouse/retail: eight dwelling units per acre.
b. 
Permitted uses in town center. Any combination of the following uses:
(1) 
Residential uses, including: townhouses, townhouse/retail, garden apartment buildings, low rise apartment buildings, and low rise apartment buildings specifically designed and intended for occupation by senior persons. Unless otherwise specified, for purposes of townhouse uses in the town center, the area and bulk regulations of § 508.10 shall apply.
(2) 
Commercial uses, including: convenience retail stores, restaurant, cafe, tavern, bank (including drive-through service), day-care facilities and inn or hotel (including attached banquet and meeting room facility).
(3) 
Office uses, including: professional offices, medical offices.
(4) 
Public uses, including: post office, public library, municipal uses, schools and any other similar use located in town centers or villages.
(5) 
Indoor recreational uses subject to reasonable limitations on hours of operation.
(6) 
Any other similar use as permitted by the Board of Supervisors.
c. 
Town center accessory uses. The following accessory uses shall be permitted in the town center:
(1) 
Surface, underground, under-building and structured parking (as set forth in § 508.11.f).
(2) 
Loading/service areas (as set forth in § 508.11.g).
(3) 
Outdoor recreational uses subject to reasonable limitations on hours of operation.
d. 
Town center area and bulk regulations.
(1) 
Minimum town center site area: 15 acres.
(2) 
Minimum distance between detached building: 20 feet.
(3) 
Parking setbacks:
Minimum distance from dedicated road rights-of-way to parking lots: 15 feet, provided that this setback may be reduced to 10 feet where deemed appropriated by the Board of Supervisors and that where on-street parking is permitted there shall be no setback from the right-of-way, but the minimum distance of 10 feet from parking to buildings shall be maintained as provided in this subsection.
Minimum distance from town center building: 10 feet, except in the case where parking extends to adjacent parking beneath a building or into a parking structure, zero feet.
(4) 
Building height: The provisions of Zoning Ordinance § 508.6.d shall apply.
(5) 
Maximum building length: 300 feet. This 300 feet shall not include building length as governed by Section 508.11.e.(2).
(6) 
Minimum building setback from the town center site area boundary and/or dedicated road rights-of-way.
Yard
Setback
(feet)
Front
25*
Rear
25*
Side
25
*The front and rear yard setback may be reduced upon approval of the Board of Supervisors when townhouse/retail or retail buildings or a public use abut a street where parallel parking is permitted.
(7) 
Special provisions. In the case where a retail building and the land upon which such building is situated in the town center is intended to be subdivided into a separate unity, each of which is intended to be held in separate ownership, the individual units will not be required to individually meet the dimensional requirements above so long as the retail building in which such units are located meets such requirements.
(8) 
Area and bulk regulations for townhouse/retail. Notwithstanding the foregoing area and bulk regulations, the following area and bulk regulations shall apply to those areas of the town center where townhouse/retail is proposed:
(a) 
Minimum building width: 22 feet.
(b) 
Minimum side yard: eight feet (end of buildings); provided, however, unroofed stairs attached to the house or porch structure may extend into the required side yard as provided in § 508.11.d(8)(h) herein below.
(c) 
Minimum rear yard: 75 feet; provided, however, the minimum rear yard may be reduced to 70 feet for residential/retail buildings to accommodate entry halls and laundry facilities only; and further provided the minimum rear yard may be reduced to 62 feet for residential/retail buildings to accommodate a garage structure only with a flat roof not exceeding a maximum building height of the lesser of one story or 10 feet. An unroofed deck may be constructed on the flat roof restricted to residential use unroofed only by restrictive covenants satisfactory to the Township publicly recorded against the property.
(d) 
Minimum front yard: 10 feet; provided, however, unroofed stairs attached to the house or porch structure may extend into the required front yard as provided in § 508.11.d(8)(h) herein below.
(e) 
Parking area setback from lot line or street right-of-way: 10 feet (parking lots).
(f) 
Maximum building height: the lesser of three stories or 38.5 feet.
(g) 
Street standards shall be proposed by the applicant based upon the proposed function of the roadways and may vary from the street standards otherwise provided in the Township ordinances where approved by the Board of Supervisors.
(h) 
Encroachments into minimum front and side yards: stair structures attached to porches or buildings may extend into the required front or side yard but by no more than four feet. The uppermost portion of the stair structure extending into the front or side yard shall not exceed 96 inches vertically above grade and shall be unroofed.
e. 
Additional regulations. In addition to the above requirements, the developer shall also demonstrate compliance with the following:
(1) 
No group of townhouses or townhouse/retail shall consist of more than 10 attached buildings.
(2) 
Multifamily dwelling unit buildings shall not exceed 300 feet in length; provided, however, that a building may be increased to not more than 375 feet in length when units are served by a common corridor and with approval by the Board of Supervisors.
f. 
Parking requirements in a town center. The minimum number of parking spaces for each use within the town center shall be required by § 607.2 of this ordinance, except as follows:
(1) 
Subsidized elderly apartment units: 0.5 spaces for each dwelling unit.
(2) 
Market rate town center age-restricted units shall have two spaces per unit, at a minimum.
(3) 
The requirements of § 508.10.f(5) shall apply in the town center.
g. 
Loading requirements in a town center. The minimum loading space standards for each use within the town center shall be as established in § 607 of this ordinance, except as follows:
(1) 
Individual loading/service areas will not be required for each new building or unit within a building. Proposed buildings or units within a building of the same or different uses shall be permitted to share loading space where practical.
(2) 
Individual or shared loading spaces shall be a minimum of 40 feet in depth, 12 feet in width, with an overhead clearance of 10 feet.
(3) 
Loading spaces will be permitted between the dedicated road right-of-way and the building line where approved by the Board of Supervisors. The applicant must demonstrate the ability to provide a screen (to consist of any combination of landscaping, berming or fencing) between the loading spaces and the street line adequate to screen the loading activities from the dedicated road traffic. No loading spaces shall be permitted on a dedicated street.
508.12 
Maximum building coverage and height. Except where otherwise specified in § 508, the maximum building coverage and height in the PCID Zoning District shall be as follows:
a. 
Maximum building coverage: 50%.
b. 
Maximum building height: three stories or 35 feet, whichever is less, except that building height may be increased to 65 feet as provided in § 508.6.d. Buildings exceeding two stories in height shall be constructed with an interior fire protection sprinkler system and standpipe system.
c. 
Maximum impervious coverage: no lot three net acres or larger shall be covered by more than 65% of impervious surface, including but not limited to principal and accessory buildings, driveways and walkways and parking areas.
d. 
Lots three acres or less may have up to 75% impervious coverage.
508.13 
Planned life care facility. A planned life care facility shall comply with all of the following requirements:
[Added 6-8-2015 by Ord. No. 2015-03]
a. 
The facility shall be located on a lot that is within 100 feet of a Town Center.
b. 
Minimum lot size and open space: in compliance with § 508.8, except the minimum lot size shall be 10 acres.
c. 
Minimum yard dimensions: in compliance with § 508.9.
d. 
Building height: up to 65 feet, provided, however, that for every foot in height above 35 feet, there shall be a reduction in impervious coverage of 0.2% and a reduction in building coverage of 0.7%.
e. 
Maximum building length: 300 feet; provided, however, that the building length may be increased to a maximum of 375 feet when the units in such building are served by a common corridor with hold open device doors and with conditional use approval by the Board of Supervisors.
f. 
Maximum density: 26 units per gross acre of lot area (notwithstanding any other provision or limitation of the Zoning Ordinance). For purposes of density calculations and this § 508.13, a "unit" shall mean an individual assisted living unit or independent living unit arranged, designed and intended for occupancy (and actually occupied) by a maximum of two individuals with access to each unit from a separate doorway on a common hallway. The unit shall be a residence of the occupants, both of whom shall be 62 years of age or older. No other individuals shall reside in or occupy the units, except guests and invitees of the residents for a period not to exceed a maximum of 14 days per each calendar year for all guests and invitees.
g. 
The facility shall be located in a single structure; the single structure may consist of building components connected by conditioned walkways.
h. 
The facility must be owned by a single individual or entity; the facility must also be operated by a single individual or entity which need not be the same as the owner.
i. 
The facility must include both independent and assisted living units. A minimum of 30% of the total units must be assisted living units. The assisted living units must be licensed by the Commonwealth of Pennsylvania as an assisted living facility or a personal care home.
j. 
Minimum parking: 0.5 space for each assisted living unit; and two spaces for every independent living unit; and one space for each employee during the largest shift. Up to 20% of the total parking required may be placed in reserve when approved by the Board of Supervisors in accordance with § 607.2.e(2). A minimum of 10% of the total parking required shall be under the building or covered.

§ 509 PI Planned Industrial District.

509.1 
Purpose. The purpose of the PI Planned Industrial District is to provide sufficient space, in appropriate locations, to meet the anticipated future needs for limited light industrial activity. Any use permitted in this district by right, special exception or condition and described in § 611 of this ordinance is subject to the requirements set forth in § 611.
509.2 
Review procedure. In order to assure the satisfactory development of the PI Planned Industrial District, it shall be required that development plans be submitted to the Board of Supervisors under the procedures established in this ordinance.
509.3 
Permitted uses.
a. 
Manufacturing, wholesaling, processing, warehousing, and distributing, provided that no bulk storage of liquid or gaseous fuels shall be permitted except for consumption on the premises.
b. 
Laboratory for scientific research and development.
c. 
Agriculture, except intensive agriculture.
d. 
Passenger station for public transportation; electric substation; telephone central office.
e. 
Business or professional office and banks.
f. 
Churches.
g. 
Public uses, structures or buildings owned, operated or subsidized by the Township, an Authority created by the Township or an Authority of which the Township is a member.
h. 
Grower/processor, subject to all applicable requirements of the Uwchlan Township Zoning Ordinance and the Medical Marijuana Act.[1]
[Added 2-13-2017 by Ord. No. 2017-02]
[1]
Editor's Note: See 35 P.S. § 10231.101 et seq.
509.4 
Permitted accessory uses, located on the same lot with the permitted principal uses.
a. 
Off-street parking areas pursuant to § 607.
b. 
Signs pursuant to § 606.
c. 
Other accessory uses, structures, or buildings, provided such are clearly incidental to the principal use.
509.5 
Uses permitted by conditional use.
a. 
Structures up to 65 feet in height may be permitted, provided they are sprinklered and have standpipe systems in accordance with the Uwchlan Township Fire Code, and provided that for each foot in excess of 35 feet, there shall be a corresponding decrease in both maximum impervious coverage and building coverage by 0.7% and provided such height increase does not impinge on the rights of existing or future residents in the community.
b. 
Any other use as determined by the Board of Supervisors to be of the same general character as the permitted uses.
c. 
Sale of new automobiles, including repairs and used car sales only as accessory to new car sales.
d. 
Adult entertainment pursuant to Ordinance Nos. 98-14, 98-15, 98-16, 98-17 and 99-08.[2]
[2]
Editor's Note: See Ch. 77, Adult Entertainment.
e. 
Each adult entertainment use shall be subject to the following separation distance, buffering, and screening regulations:
[Added 9-14-1998 by Ord. No. 98-14]
NOTE: For the purpose of this section, measurement shall be made in a straight line, without regard to the intervening structures or objects, from the nearest portion of the premises where a sexually oriented business is conducted, to the nearest property line of the premises of the listed use. The presence of a municipal, county or other political subdivision boundary shall be irrelevant for purposes of calculating and applying the distance requirements of this section.
(1) 
No adult entertainment use (or building containing such use) shall be located:
(a) 
Within 400 feet of:
1. 
A church, synagogue, mosque, temple or building which is used primarily for religious worship and related religious activities;
2. 
A public or private educational facility, including but not limited to child day-care facilities, nursery schools, preschools, kindergartens, elementary schools, private schools, intermediate schools, junior high schools, middle schools, high schools, secondary schools, continuation schools, special education schools, junior colleges, and universities; school includes the school grounds, but does not include the facilities used primarily for another purpose and only incidentally as a school;
3. 
A licensed premises, licensed pursuant to the alcoholic beverage control regulations of the Commonwealth of Pennsylvania;
4. 
Any other adult entertainment use;
(b) 
Or within 800 feet of a boundary of a residential district as defined in the Uwchlan Township Zoning Ordinance or any property devoted to a residential use;
(c) 
Or within 500 feet of:
1. 
A public park or recreational area which has been designated for park or recreational activities, including but not limited to a park, playground, nature trails, swimming pool, reservoir, athletic field, basketball or tennis courts, pedestrian/bicycle paths, wilderness areas, or other similar public land within the Township which is under the control, operation, or management of the Township park and recreation authorities, or other similar land within the Township which is under the control, operation or management of private parties and open and available for use by the general public.
2. 
An entertainment business which is oriented primarily towards children and family entertainment.
(2) 
Screening, buffering, and signage. Any lot which is to be used for any adult entertainment use shall contain screening and buffering along property lines adjoining other zoning districts in accordance with the provisions of § 608, Screening, of this ordinance. In addition to strict compliance with all other regulatory provisions applicable to signage, no sign shall contain a graphic representation of or refer descriptively to any "specified anatomical area" or "specified sexual activity."
(3) 
Data. Sufficient additional data shall be submitted to enable the Planning Commission and the Board of Supervisors to determine that the requirements of this and other ordinances of the Township relevant to the proposed use have been fulfilled.
f. 
Any legitimate use not specifically provided for in any zoning district and which is not inherently objectionable.
[Added 12-9-2013 by Ord. No. 2013-06]
509.6 
Uses permitted by special exception.
a. 
A private-use helistop as an accessory use or a private-use heliport. Both such facilities shall be subject to Planning Commission review and recommendation and the general conditions prescribed in § 610.[3]
[3]
Editor's Note: Former Subsection 509.6b which immediately followed this subsection was deleted at time of adoption of Code (see Ch, 1, General Provisions, Art. I).
509.7 
Minimum lot area.
a. 
Area. The average area of all lots within a single development shall not be less than four acres, provided no lot shall be less than two acres.
b. 
Width. There shall be a minimum lot width at the building line of 200 feet plus 50 feet for every acre of lot area in excess of two acres but in no event shall the required lot width be more than 400 feet.
509.8 
Minimum yard dimensions.
a. 
Front yard: minimum of 40 feet, except when an agricultural or residential district is adjacent to the front yard, in which case the front yard setback shall be 150 feet minimum.
b. 
Each side yard: minimum of 15 feet, except when an agricultural or residential district or lot containing an occupied dwelling is adjacent to the side yard, in which case the side yard setback shall be 150 feet on the side thus abutted. On a corner lot there shall be a side yard of not less than 40 feet.
c. 
Rear yard: minimum of 15 feet, except when an agricultural or residential district, or lot containing an occupied dwelling unit, is adjacent to the rear yard setback shall be 150 feet.
509.9 
Maximum lot coverage and building height.
a. 
Building coverage.
Lot Area
(acres)
Maximum Building Coverage
At least 2, not over 3
40%
Over 3, not over 7
45%
Over 7, not over 10
50%
Over 100
55%
Maximum impervious coverage: no lot three net acres or larger shall be covered by more than 65% of impervious surface, including but not limited to principal and accessory buildings, driveways and walkways and parking areas.
Lots three acres or less may have up to 75% impervious coverage.
[Amended 10-28-1996 by Ord. No. 96-13]
b. 
Maximum height of buildings: 35 feet (see § 509.5.a) and structures 2 1/2 stories.
(1) 
Buildings over two stories in height shall be sprinklered, and shall have a standpipe, in accordance with the Uwchlan Township Building Code.[4]
[4]
Editor's Note: See Ch. 106, Construction Codes, Uniform.

§ 510 Floodplain management.

[Amended 9-25-2006 by Ord. No. 2006-06; 12-9-2013 by Ord. No. 2013-06; 7-10-2017 by Ord. No. 2017-05]
510.1 
Statutory authorization. The Legislature of the Commonwealth of Pennsylvania has, by the passage of the Pennsylvania Flood Plain Management Act of 1978,[1] delegated the responsibility to local governmental units to adopt floodplain management regulations to promote public health, safety, and the general welfare of its citizenry. Therefore, the Board of Supervisors of the Township of Uwchlan does hereby order as follows.
[1]
Editor's Note: See 32 P.S. § 679.101 et seq.
510.2 
General provisions.
a. 
Intent. The intent of this section is to:
(1) 
Promote the general health, welfare, and safety of the community.
(2) 
Encourage the utilization of appropriate construction practices in order to prevent or minimize flood damage in the future.
(3) 
Minimize danger to public health by protecting water supply and natural drainage.
(4) 
Reduce financial burdens imposed on the community, its governmental units, and its residents, by preventing excessive development in areas subject to flooding.
(5) 
Comply with federal and state floodplain management requirements.
b. 
Applicability. It shall be unlawful for any person, partnership, business or corporation to undertake, or cause to be undertaken, any construction or development anywhere within the Township of Uwchlan unless a permit has been obtained from the Floodplain Administrator.
c. 
Abrogation and greater restrictions. This section supersedes any other conflicting provisions which may be in effect in identified floodplain areas. However, any other ordinance provisions shall remain in full force and effect to the extent that those provisions are more restrictive. If there is any conflict between any of the provisions of this section, the more restrictive shall apply.
d. 
Severability. If any section, subsection, paragraph, sentence, clause, or phrase of this section shall be declared invalid for any reason whatsoever, such a decision shall not affect the remaining portions of the section, which shall remain in full force and effect, and for this purpose the provisions of this section are hereby declared to be severable.
e. 
Warning and disclaimer of liability.
(1) 
The degree of flood protection sought by the provisions of this section is considered reasonable for regulatory purposes and is based on accepted engineering methods of study. Larger floods may occur or flood heights may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris. This section does not imply that areas outside any identified floodplain areas, or that land uses permitted within such areas will be free from flooding or flood damages.
(2) 
This section shall not create liability on the part of the Township of Uwchlan or any officer or employee thereof for any flood damages that result from reliance on this section or any administrative decision lawfully made thereunder.
510.3 
Administration.
a. 
Designation of the Floodplain Administrator.
(1) 
The Township Zoning Officer is hereby appointed to administer and enforce this section and is referred to herein as the Floodplain Administrator. The Floodplain Administrator may: A) fulfill the duties and responsibilities set forth in these regulations; B) delegate duties and responsibilities set forth in these regulations to qualified technical personnel, plan examiners, inspectors, and other employees; or C) enter into a written agreement or written contract with another agency or private sector entity to administer specific provisions of these regulations. Administration of any part of these regulations by another entity shall not relieve the community of its responsibilities pursuant to the participation requirements of the National Flood Insurance Program as set forth in the Code of Federal Regulations at 44 CFR 59.22.
(2) 
In the absence of a designated Floodplain Administrator, the Floodplain Administrator duties are to be fulfilled by the Assistant Township Zoning Officer.
b. 
Permits required. A permit shall be required before any construction or development is undertaken within any area of the Township of Uwchlan.
c. 
Duties and responsibilities of the Floodplain Administrator.
(1) 
The Floodplain Administrator shall issue a permit only after it has been determined that the proposed work to be undertaken will be in conformance with the requirements of this and all other applicable codes and ordinances.
(2) 
Prior to the issuance of any permit, the Floodplain Administrator shall review the application for the permit to determine if all other necessary government permits required by state and federal laws have been obtained, such as those required by the Pennsylvania Sewage Facilities Act (Act 1966-537, as amended); the Pennsylvania Dam Safety and Encroachments Act (Act 1978-325, as amended); the Pennsylvania Clean Streams Act (Act 1937-394, as amended);[2] and the U.S. Clean Water Act, Section 404, 33 U.S.C. § 1344. No permit shall be issued until this determination has been made.
[2]
Editor's Note: See 35 P.S. § 750.1 et seq., 32 P.S. § 693.1 et seq. and 35 P.S. § 691.1 et seq., respectively.
(3) 
In the case of existing structures, prior to the issuance of any development/permit, the Floodplain Administrator shall review the proposed cost of improvements or repairs and the preimprovement market value of the structure, so that a substantial improvement/substantial damage determination can be made, in accordance with FEMA's Substantial Improvement/Substantial Damage Desk Reference.
(4) 
In the case of existing structures, prior to the issuance of any development/permit, the Floodplain Administrator shall review the history of repairs to the subject building, so that any cumulative substantial damage concerns can be addressed before the permit is issued.
(5) 
During the construction period, the Floodplain Administrator or other authorized official shall inspect the premises to determine that the work is progressing in compliance with the information provided on the permit application and with all applicable municipal laws and ordinances. He/she shall make as many inspections during and upon completion of the work as are necessary.
(6) 
In the discharge of his/her duties, the Floodplain Administrator shall have the authority to enter any building, structure, premises or development in the identified floodplain area, upon presentation of proper credentials, at any reasonable hour to enforce the provisions of this section.
(7) 
In the event the Floodplain Administrator discovers that the work does not comply with the permit application or any applicable laws and ordinances, or that there has been a false statement or misrepresentation by any applicant, the Floodplain Administrator shall revoke the permit and report such fact to the Board of Supervisors for whatever action it considers necessary.
(8) 
The Floodplain Administrator shall maintain in perpetuity, or for the lifetime of the structure, all records associated with the requirements of this section including, but not limited to, finished construction elevation data, permitting, inspection and enforcement.
(9) 
The Floodplain Administrator is the official responsible for submitting a biennial report to FEMA concerning community participation in the National Flood Insurance Program as requested.
(10) 
The responsibility, authority and means to implement the commitments of the Floodplain Administrator can be delegated from the person identified. However, the ultimate responsibility lies with the person identified in the floodplain ordinance as the floodplain administrator/manager.
(11) 
The Floodplain Administrator shall consider the requirements of the 34 Pa. Code and the 2009 IBC and the 2009 IRC, or the latest revision thereof as adopted by the Commonwealth of Pennsylvania.
d. 
Application procedures and requirements.
(1) 
Application for such a permit shall be made, in writing, to the Floodplain Administrator on forms supplied by the Township of Uwchlan. Such application shall contain the following:
(a) 
Name and address of applicant.
(b) 
Name and address of owner of land on which proposed construction is to occur.
(c) 
Name and address of contractor.
(d) 
Site location including address.
(e) 
Listing of other permits required.
(f) 
Brief description of proposed work and estimated cost, including a breakout of flood-related cost and the market value of the building before the flood damage occurred where appropriate.
(g) 
A plan of the site showing the exact size and location of the proposed construction as well as any existing buildings or structures.
(2) 
If any proposed construction or development is located entirely or partially within any identified floodplain area, applicants for permits shall provide all the necessary information in sufficient detail and clarity to enable the Floodplain Administrator to determine that:
(a) 
All such proposals are consistent with the need to minimize flood damage and conform with the requirements of this and all other applicable codes and ordinances;
(b) 
All utilities and facilities, such as sewer, gas, electrical and water systems are located and constructed to minimize or eliminate flood damage;
(c) 
Adequate drainage is provided so as to reduce exposure to flood hazards;
(d) 
Structures will be anchored to prevent flotation, collapse, or lateral movement;
(e) 
Building materials are flood-resistant;
(f) 
Appropriate practices that minimize flood damage have been used; and
(g) 
Electrical, heating, ventilation, plumbing, air-conditioning equipment, and other service facilities have been designed and located to prevent water entry or accumulation.
(3) 
Applicants shall file the following minimum information plus any other pertinent information as may be required by the Floodplain Administrator to make the above determination:
(a) 
A completed permit application form.
(b) 
A plan of the entire site, clearly and legibly drawn at a scale of one inch being equal to 100 feet or less, showing the following:
1. 
North arrow, scale, and date;
2. 
Topographic contour lines, if available;
3. 
The location of all existing and proposed buildings, structures, and other improvements, including the location of any existing or proposed subdivision and development;
4. 
The location of all existing streets, drives, and other accessways; and
5. 
The location of any existing bodies of water or watercourses, identified floodplain areas, and, if available, information pertaining to the floodway, and the flow of water including direction and velocities.
(c) 
Plans of all proposed buildings, structures and other improvements, drawn at suitable scale showing the following:
1. 
The proposed lowest floor elevation of any proposed building based upon North American Vertical Datum of 1988;
2. 
The elevation of the base flood;
3. 
Supplemental information as may be necessary under 34 Pa. Code, the 2009 IBC or the 2009 IRC, or the latest revision thereof as adopted by the Commonwealth of Pennsylvania.
(d) 
The following data and documentation:
1. 
Detailed information concerning any proposed floodproofing measures and corresponding elevations.
2. 
If available, information concerning flood depths, pressures, velocities, impact and uplift forces and other factors associated with a base flood.
3. 
Documentation, certified by a registered professional engineer or architect, to show that the cumulative effect of any proposed development within any identified floodplain area (See § 510.4a) when combined with all other existing and anticipated development, will not cause any increase in the base flood elevation.
4. 
A document, certified by a registered professional engineer or architect, which states that the proposed construction or development has been adequately designed to withstand the pressures, velocities, impact and uplift forces associated with the base flood. Such statement shall include a description of the type and extent of floodproofing measures which have been incorporated into the design of the structure and/or the development.
5. 
Detailed information needed to determine compliance with §§ 510.5c(6) Storage, and 510.5d, Development which may endanger human life, including:
(a) 
The amount, location and purpose of any materials or substances referred to in §§ 510.5c(6) and 510.5d which are intended to be used, produced, stored or otherwise maintained on site.
(b) 
A description of the safeguards incorporated into the design of the proposed structure to prevent leaks or spills of the dangerous materials or substances listed in § 510.5d during a base flood.
6. 
The appropriate component of the Department of Environmental Protection's Planning Module for Land Development.
7. 
Where any excavation or grading is proposed, a plan meeting the requirements of the Department of Environmental Protection, to implement and maintain erosion and sedimentation control.
(4) 
Applications for permits shall be accompanied by a fee, payable to the municipality based upon the estimated cost of the proposed construction as determined by the Floodplain Administrator.
e. 
Review of application by others. A copy of all plans and applications for any proposed construction or development in any identified floodplain area to be considered for approval may be submitted by the Floodplain Administrator to any other appropriate agencies and/or individuals (e.g., planning commission, municipal engineer, etc.) for review and comment.
f. 
Changes. After the issuance of a permit by the Floodplain Administrator, no changes of any kind shall be made to the application, permit or any of the plans, specifications or other documents submitted with the application without the written consent or approval of the Floodplain Administrator. Requests for any such change shall be in writing, and shall be submitted by the applicant to Floodplain Administrator for consideration.
g. 
Placards. In addition to the permit, the Floodplain Administrator shall issue a placard, or similar document, which shall be displayed on the premises during the time construction is in progress. This placard shall show the number of the permit, the date of its issuance, and be signed by the Floodplain Administrator.
h. 
Start of construction.
(1) 
Work on the proposed construction or development shall begin within 180 days after the date of issuance of the development permit. Work shall also be completed within 12 months after the date of issuance of the permit or the permit shall expire unless a time extension is granted, in writing, by the Floodplain Administrator. The issuance of development permit does not refer to the zoning approval.
(2) 
The actual start of construction means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
(3) 
Time extensions shall be granted only if a written request is submitted by the applicant, who sets forth sufficient and reasonable cause for the Floodplain Administrator to approve such a request and the original permit is compliant with the ordinance and FIRM/FIS in effect at the time the extension is granted.
i. 
Enforcement.
(1) 
Notices. Whenever the Floodplain Administrator or other authorized municipal representative determines that there are reasonable grounds to believe that there has been a violation of any provisions of this section, or of any regulations adopted pursuant thereto, the Floodplain Administrator shall give notice of such alleged violation as hereinafter provided. Such notice shall:
(a) 
Be in writing;
(b) 
Include a statement of the reasons for its issuance;
(c) 
Allow a reasonable time not to exceed a period of 30 days for the performance of any act it requires;
(d) 
Be served upon the property owner or his agent as the case may require; provided, however, that such notice or order shall be deemed to have been properly served upon such owner or agent when a copy thereof has been served with such notice by any other method authorized or required by the laws of this state;
(e) 
Contain an outline of remedial actions which, if taken, will effect compliance with the provisions of this section.
(2) 
Penalties. Any person, partnership, or corporation who or which has violated or permitted the violation of the provisions of this section shall, upon being found liable therefor in a civil enforcement proceeding commenced hereunder, pay a judgment of not more than $500, plus all court costs, including reasonable attorney's fees incurred by the Township as a result thereof.
j. 
Appeals.
(1) 
Any person aggrieved by any action or decision of the Floodplain Administrator concerning the administration of the provisions of this section may appeal to the Zoning Hearing Board. Such appeal must be filed, in writing, within 30 days after the decision, determination or action of the Floodplain Administrator.
(2) 
Upon receipt of such appeal the Zoning Hearing Board shall consider the appeal in accordance with the Municipalities Planning Code[3] and Uwchlan Township Code Chapter 265, Article 9.
[3]
Editor's Note: See 53 P.S. § 10101 et seq.
(3) 
Any person aggrieved by any decision of the Zoning Hearing Board may seek relief therefrom by appeal to court, as provided by the Municipalities Planning Code,[4] the Pennsylvania Flood Plain Management Act[5] and any other applicable law.
[4]
Editor's Note: See 53 P.S. § 10101 et seq.
[5]
Editor's Note: See 32 P.S. § 679.101 et seq.
510.4 
Identification of floodplain areas.
a. 
Identification.
(1) 
The identified floodplain area shall be:
(a) 
Any areas of Township of Uwchlan, classified as special flood hazard areas (SFHAs) in the Flood Insurance Study (FIS) and the accompanying Flood Insurance Rate Maps (FIRMs) dated September 29, 2017, and issued by the Federal Emergency Management Agency (FEMA) or the most recent revision thereof, including all digital data developed as part of the Flood Insurance Study; and
(b) 
Any community-identified flood hazard areas.
(2) 
The above-referenced FIS and FIRMs, and any subsequent revisions and amendments are hereby adopted by Township of Uwchlan and declared to be a part of this section.
b. 
Description and special requirements of identified floodplain areas. The identified floodplain area shall consist of the following specific areas:
(1) 
The Floodway Area shall be those areas identified in the FIS and the FIRM as floodway and which represent the channel of a watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without increasing the water surface elevation by more than one foot at any point. This term shall also include floodway areas which have been identified in other available studies or sources of information for those special flood hazard areas where no floodway has been identified in the FIS and FIRM.
(a) 
Within any floodway area, no encroachments, including fill, new construction, substantial improvements, or other development shall be permitted unless it has been demonstrated through hydrologic and hydraulic analysis performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base flood discharge.
(b) 
Within any floodway area, no new construction or development shall be allowed, unless the appropriate permit is obtained from the Department of Environmental Protection Regional Office.
(2) 
The AE Area/District shall be those areas identified as an AE Zone on the FIRM included in the FIS prepared by FEMA for which base flood elevations have been provided.
(a) 
The AE Area adjacent to the floodway shall be those areas identified as an AE Zone on the FIRM included in the FIS prepared by FEMA for which base flood elevations have been provided and a floodway has been delineated.
(b) 
AE Area without floodway shall be those areas identified as an AE Zone on the FIRM included in the FIS prepared by FEMA for which base flood elevations have been provided but no floodway has been determined.
1. 
No encroachments, including fill, new construction, substantial improvements, or other development shall be permitted in an AE Zone without floodway, unless it has been demonstrated through hydrologic and hydraulic analysis performed in accordance with standard engineering practice that the proposed development together with all other existing and anticipated development, would not result in an increase in flood levels of more than one foot within the entire community during the occurrence of the base flood discharge.
2. 
No new construction or development shall be located within the area measured 50 feet landward from the top-of-bank of any watercourse, unless the appropriate permit is obtained from the Department of Environmental Protection Regional Office.
(3) 
The A Area/District shall be those areas identified as an A Zone on the FIRM included in the FIS prepared by FEMA and for which no base flood elevations have been provided. For these areas, elevation and floodway information from other federal, state, or other acceptable sources shall be used when available. Where other acceptable information is not available, the base flood elevation shall be determined by using the elevation of a point on the boundary of the identified floodplain area which is nearest the construction site. In lieu of the above, the municipality may require the applicant to determine the elevation with hydrologic and hydraulic engineering techniques. Hydrologic and hydraulic analyses shall be undertaken only by professional engineers or others of demonstrated qualifications, who shall certify that the technical methods used correctly reflect currently accepted technical concepts. Studies, analyses, computations, etc., shall be submitted in sufficient detail to allow a thorough technical review by the municipality. In the absence of any of the above data or documentation, the community may require elevation of the lowest floor to be at least three feet above the highest adjacent grade.
(4) 
The AO and AH Area/District shall be those areas identified as Zones AO and AH on the FIRM and in the FIS. These areas are subject to inundation by one-percent-annual-chance shallow flooding where average depths are between one foot and three feet. In Zones AO and AH, drainage paths shall be established to guide floodwaters around and away from structures on slopes.
(5) 
Community-identified flood hazard areas shall be those areas where Township of Uwchlan has identified local flood hazard or ponding areas, as delineated and adopted on a local flood hazard map using best available topographic data and locally derived information such as flood of record, historic high-water marks, soils or approximate study methodologies.
c. 
Changes in identification of area. The identified floodplain area may be revised or modified by the Board of Supervisors where studies or information provided by a qualified agency or person documents the need for such revision. However, prior to any such change to the special flood hazard area, approval must be obtained from FEMA. Additionally, as soon as practicable, but not later than six months after the date such information becomes available, a community shall notify FEMA of the changes to the special flood hazard area by submitting technical or scientific data. See § 510.5a(2) for situations where FEMA notification is required.
d. 
Boundary disputes. Should a dispute concerning any identified floodplain boundary arise, an initial determination shall be made by the Township of Uwchlan and any party aggrieved by this decision or determination may appeal to the Board of Supervisors. The burden of proof shall be on the appellant.
e. 
Jurisdictional boundary changes. Prior to development occurring in areas where annexation or other corporate boundary changes are proposed or have occurred, the community shall review flood hazard data affecting the lands subject to boundary changes. The community shall adopt and enforce floodplain regulations in areas subject to annexation or corporate boundary changes which meet or exceed those in 44 CFR 60.3.
510.5 
Technical provisions.
a. 
General.
(1) 
Alteration or relocation of watercourse.
(a) 
No encroachment, alteration, or improvement of any kind shall be made to any watercourse until all adjacent municipalities which may be affected by such action have been notified by the municipality, and until all required permits or approvals have first been obtained from the Department of Environmental Protection Regional Office.
(b) 
No encroachment, alteration, or improvement of any kind shall be made to any watercourse unless it can be shown that the activity will not reduce or impede the flood-carrying capacity of the watercourse in any way.
(c) 
In addition, FEMA and the Pennsylvania Department of Community and Economic Development shall be notified prior to any alteration or relocation of any watercourse.
(2) 
When Township of Uwchlan proposes to permit the following encroachments: any development that causes a rise in the base flood elevations within the floodway; or any development occurring in Zones A1-30 and Zone AE without a designated floodway, which will cause a rise of more than one foot in the base flood elevation; or alteration or relocation of a stream (including but not limited to installing culverts and bridges); the applicant shall (as per 44 CFR Part 65.12):
(a) 
Apply to FEMA for conditional approval of such action prior to permitting the encroachments to occur.
(b) 
Upon receipt of the FEMA Administrator's conditional approval of map change and prior to approving the proposed encroachments, a community shall provide evidence to FEMA of the adoption of floodplain management ordinances incorporating the increased base flood elevations and/or revised floodway reflecting the post-project condition.
(c) 
Upon completion of the proposed encroachments, the applicant shall provide as-built certifications. FEMA will initiate a final map revision upon receipt of such certifications in accordance with 44 CFR Part 67.
(3) 
Any new construction, development, uses or activities allowed within any identified floodplain area shall be undertaken in strict compliance with the provisions contained in this section and any other applicable codes, ordinances and regulations.
(4) 
Within any identified floodplain area, no new structures shall be located within the area measured 50 feet landward from the top-of-bank of any watercourse.
(5) 
Permitted uses: The following uses and activities are permitted, provided they are in compliance with the provisions of the underlying district and are not prohibited by another ordinance and provided that they do not require structures, fill or storage of materials and equipment.
(a) 
Agricultural uses, such as general farming, pasture, grazing, outdoor plant nurseries, horticulture, truck farming, forestry, sod farming and wild crop harvesting.
(b) 
Public and private recreational uses and activities, such as parks, day camps, picnic grounds, golf courses, boat launching and swimming areas, hiking and horseback riding trails, wildlife and nature preserves, fish hatcheries, and fishing areas.
(c) 
Municipal use.
(d) 
Temporary uses such as carnivals or festivals provided that natural vegetative ground cover remains as it was prior to the temporary event and is not destroyed, removed or altered in a way to create sedimentation of erosion.
(e) 
Accessory uses, such as yard areas, open space areas, gardens, play areas, and pervious parking areas, driveways, and roadways.
b. 
Elevation and floodproofing requirements. Within any identified floodplain area any new construction or substantial improvements not listed in § 510.5a(5) above shall be prohibited. If a variance is obtained for new construction or substantial improvements in the identified floodplain area in accordance with the criteria in § 510.8, then the following provisions apply:
(1) 
Residential structures.
(a) 
In AE, A1-30, and AH Zones, any new construction or substantial improvement shall have the lowest floor (including basement) elevated up to, or above, the regulatory flood elevation.
(b) 
In A Zones, where there are no base flood elevations specified on the FIRM, any new construction or substantial improvement shall have the lowest floor (including basement) elevated up to, or above, the regulatory flood elevation determined in accordance with § 510.4b(3) of this section.
(c) 
In AO Zones, any new construction or substantial improvement shall have the lowest floor (including basement) at or above the highest adjacent grade at least as high as the depth number specified on the FIRM.
(d) 
The design and construction standards and specifications contained in the 2009 International Building Code (IBC) and in the 2009 International Residential Code (IRC) or the latest edition thereof adopted by the Commonwealth of Pennsylvania, and ASCE 24 and 34 Pa. Code (Chapters 401 to 405, as amended) shall be utilized, where they are more restrictive.
(2) 
Nonresidential Structures.
(a) 
In AE, A1-30 and AH Zones, any new construction or substantial improvement of a nonresidential structure shall have the lowest floor (including basement) elevated up to, or above, the regulatory flood elevation, or be designed and constructed so that the space enclosed below the regulatory flood elevation:
1. 
Is floodproofed so that the structure is watertight with walls substantially impermeable to the passage of water; and
2. 
Has structural components with the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.
(b) 
In A Zones, where no base flood elevations are specified on the FIRM, any new construction or substantial improvement shall have the lowest floor (including basement) elevated or completely floodproofed up to, or above, the regulatory flood elevation determined in accordance with § 510.46(3) of this section.
(c) 
In AO Zones, any new construction or substantial improvement shall have their lowest floor elevated or completely floodproofed above the highest adjacent grade to at least as high as the depth number specified on the FIRM.
(d) 
Any nonresidential structure, or part thereof, made watertight below the regulatory flood elevation shall be floodproofed in accordance with the W1 or W2 space classification standards contained in the publication entitled "Flood-Proofing Regulations" published by the U.S. Army Corps of Engineers (June 1972, as amended March 1992) or with some other equivalent standard. All plans and specifications for such floodproofing shall be accompanied by a statement certified by a registered professional engineer or architect which states that the proposed design and methods of construction are in conformance with the above-referenced standards. There should be a statement submitted with the permit application and a statement submitted with the as-built floodproofing certificate prior to the issuance of the certificate of occupancy.
(e) 
Any nonresidential structure that will be floodproofed must submit the following to the Floodplain Administrator along with the nonresidential floodproofing certificate and prior to the issuance of the certificate of occupancy:
1. 
An inspection and maintenance plan detailing the annual maintenance of floodproofed components ensuring that all components will operate properly under flood conditions. Components that must be inspected include at a minimum:
A. 
Mechanical equipment such as sump pumps and generators;
B. 
Flood shields and closures;
C. 
Walls and wall penetrations; and
D. 
Levees and berms (as applicable).
2. 
Flood emergency operation plan detailing the procedures to be followed during a flooding event, and must include information pertaining to how all components will operate properly under all conditions, including power failures. The design professional must produce the plan. An adequate plan must include the following:
(a) 
An established chain of command and responsibility with leadership responsibilities clearly defined for all aspects of the plan.
(b) 
A procedure for notification of necessary parties when flooding threatens and flood warnings are issued. Personnel required to be at the building should have a planned and safe means of ingress and should have no other emergency response duties during a flood event. Alternates should be assigned in the event that the primary persons responsible are unable to complete their assigned duties under the plan.
(c) 
A list of specific duties assigned to ensure that all responsibilities are addressed expeditiously. The locations of materials necessary to properly install all floodproofing components must be included in the list.
(d) 
An evacuation plan for all personnel or occupants; those without duties for the flood emergency as well as those with duties for implementing the plan. All possible ingress and egress routes must be identified.
(e) 
A periodic training and exercise program to keep personnel and occupants aware of their duties and responsibilities. Training drills should be held at least once a year and should be coordinated with community officials.
(f) 
The design and construction standards and specifications contained in the 2009 International Building Code (IBC) and in the 2009 International Residential Code (IRC) or the latest revision thereof as adopted by the Commonwealth of Pennsylvania, and ASCE 24 and 34 Pa. Code (Chapters 401 to 405, as amended) shall be utilized, where they are more restrictive.
(3) 
Space below the lowest floor.
(a) 
Basements are prohibited.
(b) 
Fully enclosed space below the lowest floor (excluding basements) which will be used solely for the parking of a vehicle, building access, or incidental storage in an area other than a basement, shall be designed and constructed to allow for the automatic entry and exit of floodwaters for the purpose of equalizing hydrostatic forces on exterior walls. The term "fully enclosed space" also includes crawl spaces.
(c) 
Designs for meeting this requirement must either be certified by a registered professional engineer or architect, or meet or exceed the following minimum criteria:
1. 
A minimum of two openings having a net total area of not less than one square inch for every square foot of enclosed space installed on two separate walls.
2. 
The bottom of all openings shall be no higher than one foot above grade.
3. 
Openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.
(4) 
Historic structures. Historic structures undergoing repair or rehabilitation that would constitute a substantial improvement as defined in this section must comply with all section requirements that do not preclude the structure's continued designation as an historic structure. Documentation that a specific section requirement will cause removal of the structure from the National Register of Historic Places or the State Inventory of Historic Places must be obtained from the Secretary of the Interior or the State Historic Preservation Officer. Any exemption from section requirements will be the minimum necessary to preserve the historic character and design of the structure.
c. 
Design and construction standards. The following minimum standards shall apply for all construction and development proposed within any identified floodplain area:
(1) 
Fill. Within any identified floodplain area, the use of fill shall be prohibited. If a variance is obtained in accordance with the criteria in § 510.8, then the following provisions apply:
(a) 
If fill is used, it shall:
1. 
Extend laterally at least 15 feet beyond the building line from all points;
2. 
Consist of soil or small rock materials only; sanitary landfills shall not be permitted;
3. 
Be compacted to provide the necessary permeability and resistance to erosion, scouring, or settling;
4. 
Be no steeper than one vertical to two horizontal feet unless substantiated data justifying steeper slopes are submitted to, and approved by the Floodplain Administrator; and
5. 
Be used to the extent to which it does not adversely affect adjacent properties.
(2) 
Drainage facilities. Storm drainage facilities shall be designed to convey the flow of stormwater runoff in a safe and efficient manner. The system shall ensure proper drainage along streets, and provide positive drainage away from buildings. The system shall also be designed to prevent the discharge of excess runoff onto adjacent properties.
(3) 
Water and sanitary sewer facilities and systems.
(a) 
All new or replacement water supply and sanitary sewer facilities and systems shall be located, designed and constructed to minimize or eliminate flood damages and the infiltration of floodwaters.
(b) 
Sanitary sewer facilities and systems shall be designed to prevent the discharge of untreated sewage into floodwaters.
(c) 
No part of any on-site waste disposal system shall be located within any identified floodplain area except in strict compliance with all state and local regulations for such systems. If any such system is permitted, it shall be located so as to avoid impairment to it, or contamination from it, during a flood.
(d) 
The design and construction provisions of the UCC and FEMA No. 348, "Protecting Building Utilities From Flood Damages," and "the International Private Sewage Disposal Code" shall be utilized.
(4) 
Other utilities. All other utilities such as gas lines, electrical and telephone systems shall be located, elevated (where possible) and constructed to minimize the chance of impairment during a flood.
(5) 
Streets. The finished elevation of all new streets shall be no more than one foot below the regulatory flood elevation.
(6) 
Storage. All materials that are buoyant, flammable, explosive, or in times of flooding could be injurious to human, animal, or plant life, and not listed in § 510.5d, Development which may endanger human life, shall be stored at or above the regulatory flood elevation or floodproofed to the maximum extent possible.
(7) 
Placement of buildings and structures. All buildings and structures shall be designed, located, and constructed so as to offer the minimum obstruction to the flow of water and shall be designed to have a minimum effect upon the flow and height of floodwater.
(8) 
Anchoring.
(a) 
All buildings and structures shall be firmly anchored in accordance with accepted engineering practices to prevent flotation, collapse, or lateral movement.
(b) 
All air ducts, large pipes, storage tanks, and other similar objects or components located below the regulatory flood elevation shall be securely anchored or affixed to prevent flotation.
(9) 
Floors, walls and ceilings.
(a) 
Wood flooring used at or below the regulatory flood elevation shall be installed to accommodate a lateral expansion of the flooring, perpendicular to the flooring grain without causing structural damage to the building.
(b) 
Plywood used at or below the regulatory flood elevation shall be of a marine or water-resistant variety.
(c) 
Walls and ceilings at or below the regulatory flood elevation shall be designed and constructed of materials that are water-resistant and will withstand inundation.
(d) 
Windows, doors, and other components at or below the regulatory flood elevation shall be made of metal or other water-resistant material.
(10) 
Paints and adhesives.
(a) 
Paints and other finishes used at or below the regulatory flood elevation shall be of marine or water-resistant quality.
(b) 
Adhesives used at or below the regulatory flood elevation shall be of a marine or water-resistant variety.
(c) 
All wooden components (doors, trim, cabinets, etc.) used at or below the regulatory flood elevation shall be finished with a marine or water-resistant paint or other finishing material.
(11) 
Electrical components.
(a) 
Electrical distribution panels shall be at least three feet above the base flood elevation.
(b) 
Separate electrical circuits shall serve lower levels and shall be dropped from above.
(12) 
Equipment.
(a) 
Water heaters, furnaces, air-conditioning and ventilating units, and other electrical, mechanical or utility equipment or apparatus shall not be located below the regulatory flood elevation and shall be anchored to resist flotation, collapse, and lateral movement.
(b) 
Ductwork shall be elevated to or above the regulatory flood elevation or floodproofed to remain water resistant.
(13) 
Fuel supply systems. All gas and oil supply systems shall be designed to prevent the infiltration of floodwaters into the system and discharges from the system into floodwaters. Additional provisions shall be made for the drainage of these systems in the event that floodwater infiltration occurs.
(14) 
Uniform Construction Code coordination. The standards and specifications contained in 34 Pa. Code (Chapters 401 to 405, as amended) and not limited to the following provisions shall apply to the above and other sections and subsections of this section, to the extent that they are more restrictive and supplement the requirements of this section.
(a) 
International Building Code (IBC) 2009 or the latest revision thereof as adopted by the Commonwealth of Pennsylvania: Secs. 801, 1202, 1403, 1603, 1605, 1612, 3402, and Appendix G.
(b) 
International Residential Building Code (IRC) 2009 or the latest revision thereof as adopted by the Commonwealth of Pennsylvania: Secs. R104, R105, R109, R322, Appendix E, and Appendix J.
d. 
Development which may endanger human life. Within any identified floodplain area, any structure of the kind described in Subsection A., below, shall be prohibited. If a variance is obtained in accordance with the criteria in Article VIII, then the following provisions apply: (5.04 B, C, & D)
(1) 
In accordance with the Pennsylvania Flood Plain Management Act,[6] and the regulations adopted by the Department of Community and Economic Development as required by the Act, any new or substantially improved structure which: will be used for the production or storage of any of the following dangerous materials or substances; or will be used for any activity requiring the maintenance of a supply of more than 550 gallons, or other comparable volume, of any of the following dangerous materials or substances on the premises; or will involve the production, storage, or use of any amount of radioactive substances; shall be subject to the provisions of this section, in addition to all other applicable provisions. The following list of materials and substances are considered dangerous to human life:
Acetone
Ammonia
Benzene
Calcium carbide
Carbon disulfide
Celluloid
Chlorine
Hydrochloric acid
Hydrocyanic acid
Magnesium
Nitric acid and oxides of nitrogen
Petroleum products (gasoline, fuel oil, etc.)
Phosphorus
Potassium
Sodium
Sulphur and sulphur products
Pesticides (including insecticides, fungicides, and rodenticides)
Radioactive substances, insofar as such substances are not otherwise regulated
[6]
Editor's Note: See 32 P.S. § 679.101 et seq.
(2) 
Within any identified floodplain area, any new or substantially improved structure of the kind described in Subsection (1), above, shall be prohibited within the area measured 50 feet landward from the top-of-bank of any watercourse.
(3) 
Within any Floodway Area, any structure of the kind described in Subsection (1), above, shall be prohibited. Where permitted within any identified floodplain area, any new or substantially improved residential structure of the kind described in § 510.5d(1), above, shall be elevated to remain completely dry up to at least 1 1/2 feet above base flood elevation and built in accordance with § 510.5a, b and c.
(4) 
Where permitted within any identified floodplain area, any new or substantially improved nonresidential structure of the kind described in § 510.5d(1), above, shall be built in accordance with § 510.5a, b and c, including:
(a) 
Elevated, or designed and constructed to remain completely dry up to at least 1 1/2 feet above base flood elevation; and
(b) 
Designed to prevent pollution from the structure or activity during the course of a base flood.
(c) 
Any such structure, or part thereof, that will be built below the regulatory flood elevation shall be designed and constructed in accordance with the standards for completely dry floodproofing contained in the publication "Flood-Proofing Regulations (U.S. Army Corps of Engineers, June 1972 as amended March 1992), or with some other equivalent watertight standard.
(5) 
All materials that are buoyant, flammable, explosive, or, in time of flooding, could be injurious to human, animal or plant life, and not listed in § 510.5d(1), above, shall be stored at or above the regulatory flood elevation and/or be floodproofed to the maximum extent possible.
e. 
Special requirements for subdivisions and development. All subdivision proposals and development proposals containing at least 50 lots or at least five acres, whichever is the lesser, in identified floodplain areas where base flood elevation data are not available, shall be supported by hydrologic and hydraulic engineering analyses that determine base flood elevations and floodway information. The analyses shall be prepared by a licensed professional engineer in a format required by FEMA for a conditional letter of map revision (CLOMR) and letter of map revision (LOMR). Submittal requirements and processing fees shall be the responsibility of the applicant.
f. 
Special requirements for recreational vehicles. Within any identified floodplain area recreational vehicles shall be prohibited. If a variance is obtained in accordance with the criteria in § 510.8, then the following provisions apply:
(1) 
Recreational vehicles in Zones A, A1-30, AH and AE must:
(a) 
Be on the site for fewer than 180 consecutive days; and
(b) 
Be fully licensed and ready for highway use.
510.6 
Prohibited activities.
a. 
General. In accordance with the administrative regulations promulgated by the Department of Community and Economic Development to implement the Pennsylvania Flood Plain Management Act,[7] the following activities shall be prohibited within any identified floodplain area. No variance shall be granted:
(1) 
The commencement of any of the following activities; or the construction, enlargement, or expansion of any structure used, or intended to be used, for any of the following activities:
(a) 
Hospitals.
(b) 
Nursing homes.
(c) 
Jails or prisons.
(d) 
The commencement of, or any construction of, a new manufactured home, new manufactured home park or manufactured home subdivision, or substantial improvement to an existing manufactured home or manufactured home park or manufactured home subdivision.
(e) 
Cemeteries.
(f) 
Sanitary landfills, dumps, and junkyards.
[7]
Editor's Note: See 32 P.S. § 679.101 et seq.
510.7 
Existing structures in identified floodplain areas.
a. 
Existing structures. The provisions of this section do not require any changes or improvements to be made to lawfully existing structures. However, when an improvement is made to any existing structure, the provisions of § 510.7b shall apply.
b. 
Improvements. The following provisions shall apply whenever any improvement is made to an existing structure located within any identified floodplain area:
(1) 
No expansion or enlargement of an existing structure shall be allowed within any identified floodplain area that would cause any increase in BFE. In A Area/District(s), BFEs are determined using the methodology in § 510.4b(3).
(2) 
Any modification, alteration, reconstruction, or improvement of any kind to an existing structure to an extent or amount of 50% or more of its market value shall constitute a substantial improvement and shall be undertaken only in full compliance with the provisions of this section.
(3) 
The above activity shall also address the requirements of the 34 Pa. Code, as amended, and the 2009 IBC and the 2009 IRC or most recent revision thereof as adopted by the Commonwealth of Pennsylvania.
(4) 
Within any Floodway Area/District (See § 510.4b(1)), no new construction or development shall be allowed, unless the appropriate permit is obtained from the Department of Environmental Protection Regional Office.
(5) 
Within any AE Area/District without Floodway (See § 510.4b(2)), no new construction or development shall be located within the area measured 50 feet landward from the top-of-bank of any watercourse, unless the appropriate permit is obtained from the Department of Environmental Protection Regional Office.
(6) 
Any modification, alteration, reconstruction, or improvement of any kind to an existing structure, to an extent or amount of less than 50% of its market value, shall be elevated and/or floodproofed to the greatest extent possible.
(7) 
Any modification, alteration, reconstruction, or improvement of any kind that meets the definition of "cumulative substantial damage" shall be undertaken only in full compliance with the provisions of this section.
510.8 
Variances.
a. 
General. If compliance with any of the requirements of this section would result in an exceptional hardship to a prospective builder, developer or landowner, the Township of Uwchlan Zoning Hearing Board may, upon request, grant relief from the strict application of the requirements.
b. 
Variance procedures and conditions. Requests for variances shall be considered by the Township of Uwchlan Zoning Hearing Board in accordance with the procedures contained in § 510.3; and the following:
(1) 
No variance shall be granted within any identified floodplain area that would cause any increase in BFE. In A Area/District, BFEs are determined using the methodology in § 510.4b(3).
(2) 
Except for a possible modification of the regulatory flood elevation requirement involved, no variance shall be granted for any of the other requirements pertaining specifically to development regulated by Development Which May Endanger Human Life (§ 510.5d).
(3) 
No variance shall be granted for prohibited activities (§ 510.6).
(4) 
If granted, a variance shall involve only the least modification necessary to provide relief.
(5) 
In granting any variance, the Township of Uwchlan Zoning Hearing Board shall attach whatever reasonable conditions and safeguards it considers necessary in order to protect the public health, safety, and welfare, and to achieve the objectives of this section.
(6) 
Whenever a variance is granted, the Township of Uwchlan Zoning Hearing Board shall notify the applicant in writing that:
(a) 
The granting of the variance may result in increased premium rates for flood insurance.
(b) 
Such variances may increase the risks to life and property.
(7) 
In reviewing any request for a variance, the Township of Uwchlan Zoning Hearing Board shall consider, at a minimum, the following:
(a) 
That there is good and sufficient cause.
(b) 
That failure to grant the variance would result in exceptional hardship to the applicant.
(c) 
That the granting of the variance will:
1. 
Neither result in an unacceptable or prohibited increase in flood heights, additional threats to public safety, or extraordinary public expense;
2. 
Nor create nuisances, cause fraud on, or victimize the public, or conflict with any other applicable state or local ordinances and regulations.
(8) 
A complete record of all variance requests and related actions shall be maintained by the Township of Uwchlan Zoning Hearing Board. In addition, a report of all variances granted during the year shall be included in the annual report to the FEMA.
(9) 
Notwithstanding any of the above, however, all structures shall be designed and constructed so as to have the capability of resisting the one-percent-annual-chance flood.
510.9 
Definitions.
a. 
General. Unless specifically defined below, words and phrases used in this section shall be interpreted so as to give this section its most reasonable application.
b. 
Specific definitions. As used in this section, the following terms shall have the meanings indicated:
ACCESSORY USE OR STRUCTURE
A use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure.
BASE FLOOD
A flood which has a one-percent chance of being equaled or exceeded in any given year (also called the "one-hundred-year flood" or "one-percent-annual-chance flood").
BASE FLOOD DISCHARGE
The volume of water resulting from a base flood as it passes a given location within a given time, usually expressed in cubic feet per second (cfs).
BASE FLOOD ELEVATION (BFE)
The elevation shown on the Flood Insurance Rate Map (FIRM) for Zones AE, AH, A1-30 that indicates the water surface elevation resulting from a flood that has a one-percent-or-greater chance of being equaled or exceeded in any given year.
BASEMENT
Any area of the building having its floor below ground level on all sides.
BUILDING
A combination of materials to form a permanent structure having walls and a roof. Included shall be all manufactured homes and trailers to be used for human habitation.
CUMULATIVE SUBSTANTIAL DAMAGE
Flood-related damages sustained by a structure on two or more separate occasions during a ten-year period for which the cost of repairs at the time of each such flood event, on average, equals or exceeds 25% of the market value of the structure before the damages occurred.
DECLARATION OF LAND RESTRICTION (NONCONVERSION AGREEMENT)
A form signed by the property owner to agree not to convert or modify in any manner that is inconsistent with the terms of the permit and these regulations, certain enclosures below the lowest floor of elevated buildings and certain accessory structures. The form requires the owner to record it on the property deed to inform future owners of the restrictions.
DEVELOPMENT
Any man-made change to improved or unimproved real estate, including but not limited to the construction, reconstruction, renovation, repair, expansion, or alteration of buildings or other structures; the placement of manufactured homes; streets, and other paving; utilities; filling, grading and excavation; mining; dredging; drilling operations; storage of equipment or materials; and the subdivision of land.
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community.
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).
FLOOD
A temporary inundation of normally dry land areas.
FLOOD INSURANCE RATE MAP (FIRM)
The official map on which the Federal Emergency Management Agency has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.
FLOOD INSURANCE STUDY (FIS)
The official report provided by the Federal Emergency Management Agency that includes flood profiles, the Flood Insurance Rate Map, the Flood Boundary and Floodway Map, and the water surface elevation of the base flood.
FLOODPLAIN AREA
A relatively flat or low land area which is subject to partial or complete inundation from an adjoining or nearby stream, river or watercourse; and/or any area subject to the unusual and rapid accumulation of surface waters from any source.
FLOODPROOFING
Any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.
FLOODWAY
The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.
HIGHEST ADJACENT GRADE
The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
HISTORIC STRUCTURES
Any structure that is:
(1) 
Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
(2) 
Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
(3) 
Individually listed on a state inventory of historic places in states which have been approved by the Secretary of the Interior; or
(4) 
Individually listed on a local inventory of historic places in communities with historic preservation that have been certified either:
(a) 
By an approved state program as determined by the Secretary of the Interior; or
(b) 
Directly by the Secretary of the Interior in states without approved programs.
IDENTIFIED FLOODPLAIN AREA
This term is an umbrella term that includes all of the areas within which the community has selected to enforce floodplain regulations. It will always include the area identified as the special flood hazard area on the Flood Insurance Rate Maps and Flood Insurance Study, but may include additional areas identified by the community. See §§ 510.4a and b for the specifics on what areas the community has included in the identified floodplain area.
LOWEST FLOOR
The lowest floor of the lowest fully enclosed area (including basement). An unfinished, flood-resistant partially enclosed area, used solely for parking of vehicles, building access, and incidental storage, in an area other than a basement area is not considered the lowest floor of a building, provided that such space is not designed and built so that the structure is in violation of the applicable nonelevation design requirements of this section.
MANUFACTURED HOME
A structure, transportable in one or more sections, which is built on a permanent chassis, and is designed for use with or without a permanent foundation when attached to the required utilities. The term includes park trailers, travel trailers, recreational and other similar vehicles which are placed on a site for more than 180 consecutive days.
MANUFACTURED HOME PARK OR SUBDIVISION
A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
NEW CONSTRUCTION
Structures for which the start of construction commenced on or after the effective start date of this floodplain management ordinance and includes any subsequent improvements to such structures. Any construction started after September 30, 1980, and before the effective start date of this floodplain management ordinance is subject to the ordinance in effect at the time the permit was issued, provided the start of construction was within 180 days of permit issuance.
NEW MANUFACTURED HOME PARK OR SUBDIVISION
A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by a community.
PERSON
An individual, partnership, public or private association or corporation, firm, trust, estate, municipality, governmental unit, public utility or any other legal entity whatsoever, which is recognized by law as the subject of rights and duties.
POST-FIRM STRUCTURE
A structure for which construction or substantial improvement occurred after December 31, 1974, or on or after the community's initial Flood Insurance Rate Map (FIRM) dated September 30, 1980, whichever is later, and, as such, would be required to be compliant with the regulations of the National Flood Insurance Program.
PRE-FIRM STRUCTURE
A structure for which construction or substantial improvement occurred on or before December 31, 1974, or before the community's initial Flood Insurance Rate Map (FIRM) dated September 30, 1980, whichever is later, and, as such, would not be required to be compliant with the regulations of the National Flood Insurance Program.
RECREATIONAL VEHICLE
A vehicle which is:
(1) 
Built on a single chassis;
(2) 
Not more than 400 square feet, measured at the largest horizontal projections;
(3) 
Designed to be self-propelled or permanently towable by a light-duty truck;
(4) 
Not designed for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
REGULATORY FLOOD ELEVATION
The base flood elevation (BFE) or estimated flood height as determined using simplified methods plus a freeboard safety factor of 1 1/2 feet. The freeboard safety factor also applies to utilities and ductwork.
SPECIAL FLOOD HAZARD AREA (SFHA)
An area in the floodplain subject to a one-percent-or-greater chance of flooding in any given year. It is shown on the FIRM as Zone A, AO, A1-A30, AE, A99 or AH.
START OF CONSTRUCTION
Includes substantial improvement and other proposed new development and means the date the permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days after the date of the permit and shall be completed within 12 months after the date of issuance of the permit unless a time extension is granted, in writing, by the Floodplain Administrator. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
STRUCTURE
A walled and roofed building, including a gas or liquid storage tank that is principally aboveground, as well as a manufactured home.
SUBDIVISION
The division or redivision of a lot, tract, or parcel of land by any means into two or more lots, tracts, parcels or other divisions of land including changes in existing lot lines for the purpose, whether immediate or future, of lease, partition by the court for distribution to heirs, or devisees, transfer of ownership or building or lot development; provided, however, that the subdivision by lease of land for agricultural purposes into parcels of more than 10 acres, not involving any new street or easement of access or any residential dwelling, shall be exempted.
SUBSTANTIAL DAMAGE
Damage from any cause sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% or more of the market value of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENT
Any reconstruction, rehabilitation, addition, or other improvement of a structure, of which the cost equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage or cumulative substantial damage regardless of the actual repair work performed. The term does not, however, include any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions.
UNIFORM CONSTRUCTION CODE (UCC)
The statewide building code adopted by the Pennsylvania General Assembly in 1999 applicable to new construction in all municipalities whether administered by the municipality, a third party or the Department of Labor and Industry. Applicable to residential and commercial buildings, the Code adopted the International Residential Code (IRC) and the International Building Code (IBC), by reference, as the construction standard applicable with the state floodplain construction. For coordination purposes, references to the above are made specifically to various sections of the IRC and the IBC.
VARIANCE
A grant of relief by a community from the terms of a floodplain management regulation.
VIOLATION
The failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in 44 CFR 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) is presumed to be in violation until such time as that documentation is provided.
510.10 
Severability; enactment.
a. 
Severability; enactment.
(1) 
In the event any provision, section, sentence, clause, or part of this section shall be held to be invalid, illegal, or unconstitutional by a court of competent jurisdiction, such invalidity, illegality, or unconstitutionality shall not affect or impair the remaining provisions, sections, sentences, clauses, or parts of this section, it being the intent of the Board of Supervisors that the remainder of the Ordinance shall remain in full force and effect.
(2) 
This section shall be effective five days from the date of enactment and shall remain in force until modified, amended or rescinded by Township of Uwchlan, Chester County, Pennsylvania.