Uwchlan Township City Zoning Code
ARTICLE 6
Supplementary Regulations for All Districts 1
§ 601 General regulations for all districts.
601.1
Visibility at intersections. On a corner lot nothing shall be erected (except street signs, utility poles, traffic signs, or trees whose branches are trimmed to a height of 10 feet), placed, planted, or allowed to grow in such manner as to impede vision between a height of 2 1/2 and 10 feet above the center line grades of the intersecting streets in the area bound by the street center lines of such intersecting streets and a line joining the street center lines at a distance of 75 feet from the point of intersection.
601.2
Fences, walls, hedges, and trees. Fences, walls, hedges, and tree rows shall be permitted in any yard; provided, however, that no fence, wall (except retaining walls) or hedge in a required front yard shall be over 36 inches in height. Ornamental fences in front yards exceeding 36 inches shall be permitted, provided that said fence contains an open area of not less than 75%, and further provided that the maximum height shall not exceed six feet.
601.3
Erection of more than one principal structure or building on a lot. In any district, except where expressly prohibited, more than one structure or building housing a permitted principal use may be erected on a single lot, provided that lot area, yard and other requirements of this ordinance shall be met for each structure or building as though it were on an individual lot. A sketch plan illustrating compliance with lot area, yard and other requirements of this ordinance shall be submitted by the applicant.
601.4
Exceptions to height regulations. The height limitations contained herein are applicable to buildings and structures but are not applicable to spires; clock towers, cupolas, mechanical systems; water tanks; ventilators; heating and air-conditioning components, including refrigerant coils and compressors; chimneys; antennas for the reception or transmission of radio, television or microwave signals; elevators; or stair bulkheads, provided that such accessory structures are located on and permanently affixed to the roof of a permitted building and provided further that the said accessory structures or building components shall not exceed the applicable height limitation by more than 10 feet and shall not occupy more than 20% of the area of the uppermost floor of the supporting building. The height limitations contained herein shall not apply to silos, flagpoles not attached to any building or to radio towers erected by a licensed amateur radio operator as a use accessory to the operator's residence, provided that the maximum height of the said silo, flagpole or radio tower shall be 65 feet and further provided that no such silo, flagpole or radio tower shall be erected less than a distance equal to 1 1/2 times the height of the structure from any property boundary; street; pedestrian, street or utility right-of-way; parking lot or area; common open space area; recreation area or facility; or flood hazard district.
a.
Standard antennas for the reception of local radio and television transmission are also excepted from the height regulation.
b.
Microwave antennas for satellite communications shall be governed by the following section:
(1)
In all districts, microwave antennas shall be permissible as accessory use subject to the following:
(a)
Roof-mounted dishes are restricted to a maximum diameter of four feet.
(b)
When ground mounted, the entire structure, including the dish, shall not exceed 15 feet in height.
(c)
When ground mounted, the dish shall be placed in the rear yard only and shall comply with all setback requirements for the district in which it is erected.
(d)
All dishes in excess of four feet diameter shall be screened as per ordinance, but not to preclude proper reception.
(e)
When roof mounted, the dish shall be placed on the portion of the roof sloping away from the front of the lot and shall not stand more than four feet above the roof peak.
(f)
Only one dish shall be permitted on any lot.
(g)
Before erection, the applicant shall secure a building permit from the Township.
601.5
Buildings to have access. Every building hereafter erected or moved shall be on a lot adjacent to a public street or a private street approved by the Board of Supervisors, and all buildings shall be so located on lots as to provide safe and convenient access for servicing, fire protection, and required off-street parking.
601.6
Corner lot restriction. On every corner lot there shall be provided on each side thereof, adjacent to a street, a yard equal in depth to the required front yard of the prevailing zoning district in which the corner lot is located.
601.7
Lots in two districts. Where a district boundary line divides a lot held in single and separate ownership prior to the effective date of this ordinance, placing 75% or more of the lot area in a particular district, the location of such district boundary line may be construed to include the remaining 25% or less of the lot so divided.
601.8
Lot area and lot width for lots not served with public water and/or sanitary sewers. Where a lot is not served by a public water supply and/or sanitary sewerage system and the Township Subdivision and Land Development Ordinance, or other state or local ordinance in force require a higher standard for lot area or lot width than this ordinance, the more restricted regulations of such other ordinance or regulation shall apply.
601.9
Front yard exceptions. When an unimproved lot is situated between two improved lots with front yard dimensions less than those required for the particular district, the front yard required may be reduced to a depth equal to the average of the two adjoining lots; provided, however, that in no case shall the front yard be reduced by more than 50% of the required front yard for that district.
601.10
Projections into required yards. The following projections shall be permitted into required yards and shall not be considered in the determination of yard requirements or building coverage.
a.
Terraces or patios, provided that such terraces or patios are unroofed or otherwise unenclosed and are not closer than five feet to any adjacent lot line.
b.
Projected architectural features (bay windows, cornices, eaves, fireplaces, chimneys, window sills, or other architectural features), provided that any single feature does not exceed eight square feet in external area.
c.
Uncovered decks, stairs and landings, provided such stairs or landings do not exceed 36 inches in height.
d.
Lamp posts, walkways, driveways, retaining walls or steps shall be permitted within any required yard.
e.
Open balconies, provided such balconies are not supported on the ground and do not project more than five feet into any yard nor closer than three feet to any adjacent lot line.
f.
Temporary structure for exhibits, construction offices or similar purposes.
g.
Unroofed playground equipment designed for use by children.
601.11
Restrictions on air pollution. All sources of air pollution must comply with rules and regulations as defined and established by the Air Pollution Commission of the Commonwealth of Pennsylvania, Department of Environmental Protection, or as modified by additional restrictions imposed by local or regional health department. The term "air pollution" shall refer to the presence in the outdoor atmosphere of any form of contaminant, including, but not limited to, the discharging from stacks, chimneys, openings, buildings, structures, open fires, vehicles, processes, or any other sources of any smoke, soot, fly ash, dust, cinders, dirt, toxic or radioactive substances, waste or any other matter in such place, manner, or concentration which may be harmful to the public health, safety, or animal life, or to property, or which unreasonably interferes with the comfortable enjoyment of life or property.
601.12
Solid waste disposal. All methods and practices of solid waste or refuse disposal shall be in compliance with Acts 241 and 101[2] (Pennsylvania Solid Waste Management Acts) of the Pennsylvania Department of Environmental Protection, or as specified by additional local ordinances and zoning requirements. Solid wastes are defined to mean garbage, refuse, and other discarded materials, including, but not limited to, solid and liquid waste materials resulting from industrial, commercial, agricultural, and residential activities.
[2]
Editor's Note: See 53 P.S. § 4000.101 et seq.
601.13
Requirements for sewage and liquid waste disposal. All sewage and liquid waste disposal practices must be in accordance with rules and regulations of the Pennsylvania Department of Environmental Protection and the Downingtown Area Regional Authority. The requirements are such that all new facilities or major revisions to existing waste treatment or disposal facilities must have a permit issued by this authority. All operators of such treatment or disposal facilities must also be properly licensed as called for by the Department of Environmental Protection.
601.14
Performance standards for all uses. No use or operation shall be permitted which creates a public nuisance or hazard by reason of fire, explosion, radiation, odor, noise, dust, vibration, glare, air and/or water pollution, or other similar causes. All uses shall be subject to the following regulations, where applicable:
a.
Noise pollution and vibration. "Rules and Regulations" of the Pennsylvania Department of Environmental Protection.
b.
Air pollution, airborne emissions and odor. "Rules and Regulations" of the Pennsylvania Department of Environmental Protection.
c.
Water pollution. The Clean Streams Law, June 22, 1973, P.L. 1987, 35 P.S. § 691.1 et seq., and amendments thereto.
e.
Glare and heat. "Rules and Regulations" of the Pennsylvania Department of Environmental Protection.
f.
Outside residential storage. No outside storage of junk or discarded materials shall be permitted, and no more than one inoperable or unregistered vehicle per lot shall be permitted.
g.
Outside industrial storage. No outside industrial storage, including junkyards, shall be located on land with a slope in excess of 5% or within 100 feet of a public right-of-way.
h.
Traffic analysis. A detailed traffic analysis, prepared by a qualified traffic engineer, may be requested by the Board of Supervisors, for the purpose of showing what impact a proposed development will ultimately have on the safety and welfare of the public.
601.15
Front yard prohibited uses [includes street(s)]. Camping trailers, house trailers, mobile homes, boats, unregistered or inoperative motor equipment, or similar durables shall not be stored nor parked within the required front yard except as specifically provided in other provisions of this ordinance.[4]
601.16
Off-site water systems.
a.
An off-site water system shall be designed and constructed in accordance with the latest Aqua Pennsylvania "General Specifications for Water System Construction," and all designs shall be approved by Aqua Pennsylvania prior to the start of construction.
b.
All buildings shall be served from the Aqua Pennsylvania water system, whenever such service is determined by Aqua Pennsylvania to be feasible.
c.
If Aqua Pennsylvania determines that service from its system is not feasible, then service shall be provided from another existing public or private off-site water system, subject to the approval of Aqua Pennsylvania.
d.
If Aqua Pennsylvania determines that it is not feasible to extend service from any existing off-site water system, then the building(s) shall be served by designing and constructing an off-site water system under an agreement with Aqua Pennsylvania, which system shall be deeded to Aqua Pennsylvania at no charge.
e.
If Aqua Pennsylvania determines that it is not feasible to provide off-site water system service under any of the procedures described above, then Aqua Pennsylvania will grant approval for the building(s) to be served by means of on-site water system.
601.17
All structures intended for human occupancy shall be required to maintain, in constant view, a sign displaying numbers, three inches minimum in height, which denote the street address of the building. In the case of commercial development with rear exits, the rear must also be marked to denote the tenant or occupant of the space or the street address.
601.18
Notwithstanding any other provision of this ordinance or any other ordinance or regulation, with respect to any proposed use consisting of initially or in the aggregate of 15 or more residential units or lots, or 25,000 square feet or more of gross floor area, or any proposed use proposing one or more private or public streets, the developer shall prepare and submit as part of the preliminary land development plan a detailed study to ascertain the total potential build-out of the lot or tract. A traffic study shall be prepared and submitted by the developer assuming 100% build-out of the lot or tract. All movements of all entrance and exit driveways to and from the proposed use, and all intersections along any new street to existing streets, shall operate at Level of Service D or better as defined in the latest edition of the Manual of the Institute of Transportation Engineers.
[Added 2-22-1999 by Ord. No. 99-03]
§ 602 Home occupation regulations.
When authorized by the Zoning Officer, any single-family dwelling unit and accessory structure with direct access to a public street may be used for the practice of a home occupation, provided such occupation is clearly incidental or secondary to the use of the property as a residence, and further provided that such use of the dwelling or accessory structure does not change the character thereof or have any exterior evidence of such secondary use other than a small nameplate as provided in this ordinance.
602.1
Standards.
a.
Home occupations shall be limited to activities customarily carried on in a single-family dwelling or in a building accessory to a single-family dwelling by one or more occupants of the dwelling together with a maximum of two paid or unpaid assistants or employees.
b.
Off-street parking spaces, designed and constructed in accordance with the applicable regulations of the Township, shall be provided for each home occupation use. The number of off-street parking spaces provided shall be equal to the aggregate of two plus one space for each employee plus one space for each 150 square feet of floor area devoted to the home occupation use.
c.
Home occupations shall not occupy more than 25% of the first floor area of the dwelling unit. No additions or alterations to the building shall be permitted to directly increase the space housing the home occupation or adding to the first floor area in an effort to increase the 25% available for home occupation use.
d.
Home occupations shall be subject to, but not limited to, the following criteria.
(1)
No emission of unpleasant gases or other odorous matter beyond the dwelling unit or building in which the home occupation is conducted shall be permitted.
(2)
No emission of noxious, toxic, or corrosive gases or fumes injurious to persons, property, or vegetation beyond the dwelling unit or building in which the home occupation is conducted shall be permitted.
(3)
No glare or heat shall be emitted from any dwelling unit or building in which the home occupation is conducted.
(4)
No discharge is permitted into a reservoir, sewage or storm disposal system, stream, open body of water, or into the ground, of any materials in such a way or of such nature or temperature as could contaminate any water supply, or damage or be detrimental to any sewage system or any sewage treatment process, or otherwise could cause the emission of dangerous objectionable elements.
(5)
No vibration perceptible beyond the dwelling unit or building in which the home occupation is conducted shall be permitted.
(6)
No noise which would reasonably be judged to be objectionable shall be audible beyond the dwelling unit or building in which the home occupation is conducted.
(7)
Electric or electronic devices shall be shielded in such a manner as not to interfere with radio or television reception or transmission of any kind.
(8)
Any other reasonable conditions that the Board of Supervisors may deem necessary to protect the public interest.
(9)
No more than one home occupation shall be permitted in a dwelling or on a residential lot.
(10)
The operation of a boarding home, motor vehicle repair shop, stable, kennel, funeral home, veterinary office, or the housing, care or education of persons who normally would be subject to institutionalization for physical, mental, criminal or like reasons shall not be considered a home occupation.
(11)
No storage or display of goods, materials, products or equipment shall take place out-of-doors. No interior display of goods, materials, products or equipment shall be visible from outside the dwelling.
(12)
No business or commercial vehicle shall be stored outdoors unless screened in accordance with § 608 and/or complies with § 607.2.i of this ordinance.
(13)
No retail sale of goods of any type shall be conducted on the lot encompassing the home occupation, and no manufacturing, repairing or other mechanical work performed in connection with such home occupation shall be performed out-of-doors.
602.2
HO-2 Home Occupation Overlay.
[Added 10-14-1997 by Ord. No. 97-10]
a.
It is the intent of the HO-2 Home Occupation Overlay standards to provide continued opportunity for home occupation use within single-family dwellings. Uses permitted as home occupations within the HO-2 Home Occupation Overlay are to be origin/destination in nature and are not to alter the external appearance of the dwelling. The HO-2 Overlay applies only to properties with frontage along PA Route 113 located generally between Woodland Drive and Foxcroft Drive, specifically described by metes and bounds in Exhibit A attached hereto.
b.
The HO-2 Home Occupation Overlay is depicted on the Zoning Map.
c.
Major home occupations shall be limited to those listed in § 602.2.e hereof carried on in a single-family detached dwelling or in a building accessory to a single-family detached dwelling by one or more occupants of the dwelling who maintain full-time residence in the dwelling or the owner together with a maximum of four paid or unpaid assistants or employees. The single-family dwelling need not be owner occupied. A livable occupied residence must be maintained at all times.
d.
This overlay applies only to residence on Route 113, and each one must apply individually for a home occupation permit and submit a site plan showing compliance with § 602 in its entirety.
e.
The following are permitted major home occupation uses within the HO-2 Overlay:
(1)
Professions of lawyer, doctor, dentist, architect, planner, engineer, financial consultant, insurance agent and accountant;
(2)
Computer programming that involves services to outside clients — no schools or learning centers;
(3)
Telephone answering, typing, and bookkeeping;
(4)
Tutoring, limited to not more that two students at any one time;
(5)
Beautician or barber services by appointment only, limited to not more than two clients at any one time;
(6)
Dressmaking, sewing, and tailoring;
(7)
Painting, sculpting, writing or music — no schools or studios for more than one student at a time;
(8)
Home crafts, such as model making, rug weaving, pottery, jewelry, florist, cabinet making, and wood crafting;
(9)
Home cooking and catering; provided all food is catered off premises;
(10)
Service businesses like vacuum and TV/computer; repair and locksmith.
f.
Major home occupations shall not occupy more than 50% of the floor area of the dwelling unit. No additions or alterations to the building shall be permitted to directly increase the space housing the home occupation or adding to the floor area in an effort to increase the 50% available for home occupation use. Home occupation use must not exceed a maximum of 1,000 square feet.
g.
In addition to the parking requirements of § 602.1.b, all parking for the major home occupation shall be located within the front yard, unless a twenty-five-foot setback can be provided between the property lines of the adjacent residential lots for any parking located in the side or rear yard and be screened in accordance with § 608 of this ordinance.
h.
No outside storage is permitted. No interior display of goods, materials, products or equipment shall be visible from outside the dwelling.
i.
One commercial vehicle used in the major home occupation may be stored outdoors if screened in accordance with § 608 and complying with § 607.2.i of this ordinance.
j.
Retail sales of goods of any type conducted on the lot encompassing the home occupation shall be done in accordance with the requirements of an accessory use as outlined in the Zoning Ordinance with service being the primary use and sale the accessory use. No manufacturing, repairing or other mechanical work performed in connection with such home occupation shall be performed out-of-doors.
k.
Home occupations shall be subject to the criteria in § 602.1.d(1) through (12) of this ordinance.
EXHIBIT A | |
|---|---|
The Uwchlan Township Official Zoning Map, incorporated by referenced as part of the Uwchlan Township Zoning Ordinance of 1994, as amended, by Section 401 thereof, is hereby amended by adding a HO-2 Home Occupation Overlay in the R-1, Low Density Residential Zoning District for all or a portion of Tax Parcels 33-4-76, 76.1A, 77, 78, 79, 80, 81, 82, 83, 84, 85.1, 85.2, 85.3, 85.4, 85.5, 87.2, 88, 89.1, 90.1, 90.2A, 91.1,94, 95, 97, 98,99; 33-4P-10,11, 12, 13 and 33-4Q-7, having frontage and direct access to State Route 0113 being more fully described as follows: | |
BEGINNING at the intersection of S.R. 0113, Uwchlan Avenue and T-415, Woodland Drive; thence from the point of beginning along the center line of S.R.0113, R/W variable in width, in a southwesterly direction approximately 500 feet to a point; thence leaving said center line of S.R. 0113 in a southeasterly direction along the eastern property line of Tax Parcel 33-4-99 measured 230 feet from the center line of S.R. 0113; thence leaving said point in a southwesterly direction through Tax Parcel 33-4-99, 98, 97, 95, 94, 91.1, 90.1, 90.2A, 89.1, 88, and 87.2, along a line measured 230 feet parallel to the center line of S.R. 0113 to a point of the western property line of Tax Parcel 33-4-87.2; thence along said western property line of Tax parcel 33-4-87.2 in a northerly direction 230 feet to the center line of S.R. 0113; thence along said center line of S.R. 0113 in a southwesterly direction approximately 1,234 feet to a point being the intersection of the western property line of Tax Parcel 33-4P-10 with the center line of S.R. 0113; thence leaving said center line of S.R. 0113 in a northern direction along said western property line of Tax Parcel 33-4P-10 to a point measured 155 feet perpendicular from the center line of S.R. 0113; thence continuing in a northeasterly direction along a line measured 155 feet parallel to the center line of S.R. 0113 through Tax Parcels 33-4P-10, 11, 12, 13, and 33-4Q-7, approximately 831 feet to a point on the eastern property line of Tax Parcel 33-4Q-7; thence along said eastern property line of Tax Parcel 33-4Q-7, in a southeasterly direction 155 feet to the center line of S.R. 0113; thence along the center line of S.R. 0113 in a northeasterly direction approximately 315 feet to the intersection of the western property line of Tax parcel 33-4-76.1A with said center line of S.R. 0113; thence along said western property line of Tax Parcel 33-4-76.1A to a point measured 280 feet perpendicular to the center line of S.R. 0113; then continuing in a northeasterly direction along a line measured 280 feet parallel to the center line of S.R. 0113 through Tax Parcels 33-4-76.1A, 76, 77, 78, 79, 80, 81, 82, 83, and 84, approximately 1,512 feet to a point of the eastern property line of Tax Parcel 33-4-84; thence along said eastern property line of Tax Parcel 33-4-84; thence along said eastern property line of Tax Parcel 33-4-84; thence along said eastern property line of Tax Parcel 33-4-84 in a southerly direction approximately 80 feet to the northwest corner of Tax Parcel 33-4-85.4; thence leaving said eastern property line of Tax Parcel 33-4-84 and continuing along the northern property lines of Tax Parcels 33-4-85.4 and 85.1 in an eastern direction approximately 183 feet to a point on the western property line of Tax Parcel 33-4-85.5; thence leaving said western property line of Tax Parcel 33-4-85.5 along a line measured 120 feet parallel to the northern right-of-way line of S.R.0113 through Tax Parcel 33-4-85.5, 85.3, and 85.2, approximately 583 feet to the center line of Woodland Drive; thence along the center line of Woodland Drive in a southeasterly direction approximately 300 feet to the intersection of the center line of Woodland Drive and S.R. 0113 the point and place of beginning. |
§ 603 Permitted accessory uses, buildings or structures.
603.1
Accessory buildings or structures, excluding garages up to 120 square feet, may be erected in any required rear yard, provided that no detached accessory building or structure shall be erected within 10 feet of the rear property line or closer to the side property line than is permitted in the district.
603.2
Private noncommercial swimming pools, which are designed to contain a water depth of 24 inches or more, must be located in a rear or side yard only, not less than 15 feet from the dwelling, side or rear lot lines. All pools shall be entirely enclosed with a permanent fence not less than four feet in height. Such fence shall contain a self-latching gate which can be locked.
603.3
No nonresidential activities shall be permitted in any residential district except those permitted by the home occupation regulations of this ordinance.
603.4
Agricultural uses or individual gardens for home consumption shall be limited in a front yard to a maximum of 200 square feet (providing they do not infringe upon more than 1/2 the minimum required front yard), and shall not extend into more than 1/2 of the minimum side or rear yards required in the applicable zoning district.
603.5
Structures limited in use and functions to the reception of television signals and accessory to a single-family detached residence may be located in the required side or rear yard areas of the lot on which the dwelling is located, provided that:
a.
No such structure shall be located less than the distance required by the applicable yard regulations of the zoning district in which the structure is located.
b.
No such structure shall be at any time more than 15 feet in height.
c.
No such structure shall result in any noise, vibration or electrical, television or radio interference beyond the property boundary.
d.
All such structures visible from adjoining properties shall be screened in accordance with § 608 of this ordinance.
e.
Provisions of Swction 601.4 shall also govern.
Nothing in this section shall be construed to limit other uses not mentioned so long as they are clearly accessory to the principal permitted use of the land and do not create a threat to the public health, safety and/or welfare of the community. |
603.6
Accessory structures and systems on properties that provide alternative energy sources for the property ["system(s)"]. System structures may be installed in side or rear yards, except to the extent permitted in section a.(1) below. All systems are subject to permits under the Township Building Code in effect at the time of construction.
[Added 10-13-2009 by Ord. No. 2009-07]
a.
Solar energy systems.
(1)
To minimize visual impact, rooftop arrays shall be placed on the side of the roof away from any road when efficiently possible.
(2)
Rooftop arrays shall not be higher than the peak of the roof or higher than 15 inches above the roof surface at any point.
(3)
Ground-mounted solar panels shall be placed in side or rear yards only.
(4)
The maximum height of a ground-mounted solar panel array shall be 15 feet to its highest point and all portions of the solar panels shall be within the side and rear yard building setbacks but in no case less than 15 feet from a property line. The area of the panels shall be calculated and added to the maximum building and impervious coverage that is permitted on the subject property.
b.
Windmills.
(1)
One windmill per lot will be permitted.
(2)
Windmills shall be permitted in side or rear yards only.
(3)
The maximum height of the windmill shall be the same as the maximum height permitted in the district and shall be measured with the blade in maximum vertical position from tip of blade to ground.
(4)
All windmills shall be mounted on a single-pole system with no guy wires or other supports except its foundation.
(5)
No portion of the windmill shall be within the side or rear yard setback or within 1 1/2 times its height from the property lines and the residential structure, whichever is greater.
(6)
No windmill blade in any position shall be closer than 12 feet to the ground.
c.
Geothermal installations.
(1)
All Geothermal installations shall be in accordance with Township Stormwater Ordinance provisions.
(2)
In-ground bed/tank systems will require a Township grading permit.
(3)
All liquid slurry products of well drilling shall be properly drained so any water leaving the site or entering Township storm sewers will be absent of solids/particulates.
(4)
No waste or overflow from the system shall be permitted to be discharged to the Township sanitary sewer system.
(5)
All geothermal installations shall comply with regulations set forth by the Chester County Health Department when drilled wells are involved.
d.
General requirements.
(1)
All alternate energy systems shall require Township permits and permits from other agencies having jurisdiction.
(2)
No system shall cause any excessive noise, glare, vibration or communications interference to neighboring properties.
(3)
All exterior wiring for systems shall be underground, or in instances when it is required to be above ground, within hard wall conduits.
(4)
All exterior signs of these systems shall be constructed in a manner to be harmonious with neighboring properties and those on adjacent public or private streets.
(5)
All exterior portions of alternate energy systems shall be removed from sight if the system has been abandoned for any reason for a period of one year.
(6)
All systems shall be constructed in compliance with the provisions spelled out in this ordinance. Any variations to these requirements may be requested through the conditional use process.
(7)
Any systems that are damaged, become inoperable or use of which is halted because of damage or abandonment of use shall be removed by the owner within six months of such damage or inactivity.
§ 604 Multifamily residential or townhouse development.
[Amended 10-22-2009 by Ord. No. 2009-04]
The PCID Planned Commercial Industrial Development Districts are excluded from these provisions. See § 508 for applicable regulations.
604.1
Permitted uses. Multifamily or townhouse buildings shall consist solely of residential dwelling units, rental office, recreational and parking facilities; however, coin-operated washing and drying machines, and vending machines for food, beverages, newspapers or cigarettes located inside the building shall be permitted, provided that these are for the tenants' use only. Sample apartments or townhouses for display purposes shall be permitted for each type of construction.
604.2
Water and sewer. The proposed development shall be served by public water supply and sewage disposal systems, or a community water supply and sewage disposal system approved by the Department of Environmental Protection and the Municipal Authority. All garden apartments shall be fully sprinklered in conformance with the Uwchlan Township Building Code.[1]
604.3
Area and bulk regulations. All multifamily residential or townhouse developments shall conform to all of the requirements as herein established:
Garden Apartments | Townhouses | |||
|---|---|---|---|---|
a. | Minimum lot area: | 20 acres | 20 acres | |
b. | Minimum lot width at building line: | 300 feet | 22 feet(1) | |
c. | Maximum building coverage of lot area: | 15% | 15% | |
d. | Minimum side yard: | 50 feet | 30 feet(2) | |
e. | Minimum rear yard: | 75 feet | 30 feet | |
f. | Minimum front yard: | 75 feet | 30 feet | |
g. | Distance between buildings: | See § 604.4 | See § 604.4 | |
h. | Parking area setback from lot line or street ultimate right-of-way: | 30 feet | 20 feet(3) | |
i. | Maximum dwelling units per acre of lot area (as defined in this ordinance): | 12 | 6 | |
j. | Minimum usable open space (not including parking or driveway areas) devoted solely to recreational use and activities: | 15% of the tract(4) | 10% of the tract(4) | |
k. | Maximum height: | 3 stories or 35 feet | 3 stories or 35 feet | |
l. | Maximum impervious coverage: | 60% | 60% |
NOTES: | ||
|---|---|---|
(1) | Minimum width of a townhouse dwelling unit is 22 feet per unit. | |
(2) | Applies to end building only. | |
(3) | Applies only to parking lots and joint parking areas, not to separate parking areas for individual townhouses. | |
(4) | Usable open space shall not include front, side, and/or rear yards of an individual building. | |
604.4
In addition to the provisions of the above requirements, the following shall also apply:
a.
There shall be no group of townhouses consisting of more than five dwelling units.
b.
The developer should vary architectural treatments within apartment projects, individual apartments, and between dwelling units in a townhouse development. Variations may include those of exterior elevation, building setback, provision of balconies, architectural details, pitch of roof, exterior materials, or use of color. Variety and flexibility in design layout and arrangement, of buildings, parking areas, services, recreation areas, common open space, and planting that fully considers the particular physical characteristics of the site and natural amenities is highly desired.
c.
The horizontal distance between groups of townhouses or garden apartments shall be:
(1)
Two times the average height of the two groups of townhouses and garden apartments for front or rear wall facing front or rear walls;
(2)
One and one-half times the average height for front or rear walls facing side walls; and
(3)
Equal to the height of the highest building for side walls facing side walls.
d.
The minimum width of any side yard abutting a street, driveway parking area should not be less than 30 feet.
e.
Access and service shall be provided in the front of each townhouse. Parking may be provided on the lot, as carports, as an integral part of the townhouse, or a joint parking facility for a group of townhouses with such deed restrictions as are necessary to determine ownership and maintenance of common parking facilities and methods of assigning charges for maintaining snow removal and repairs.
f.
Usable open space devoted to recreational use as herein required shall be designed for use by tenants of the development and shall be improved and equipped by the developer in accordance with plans submitted to and reviewed by the Planning Commission and approved by the Board of Supervisors. Common open space must remain in its natural condition unless designed for active or passive recreation as delineated on the approved land development plan and shall be properly maintained in accordance with an approved open space management plan as described in § 617 of this ordinance.
[Amended 12-9-2013 by Ord. No. 2013-06]
g.
Garden apartment buildings shall not exceed 160 feet in length.
h.
In the event a development is designed to contain more than one permitted use, the plan submitted shall indicate an area designation for each such use and all requirements of this ordinance for each area so designated.
604.5
Parking facilities.
a.
Number of spaces. Off-street parking, whether garage or on-lot, shall be provided on the premises at the rate of three spaces for each dwelling unit.
[Amended 12-9-2013 by Ord. No. 2013-06]
b.
Requirement for parking lots shall be as follows:
(2)
Parking areas shall not be designed or located so as to require or encourage cars to back into a public or private street in order to leave the lot.
(3)
All dead-end parking lots shall be designed to provide sufficient back up area for the end stalls of the parking area.
(4)
Evergreen plantings shall be provided of sufficient height and density to screen off-street parking from public street view and from adjoining residential districts. A planting plan specifying type, size, and location of existing and proposed planting material shall be submitted with the application for approval.
(5)
All accessways and parking areas shall be suitably paved with a permanent hard-surface covering.
(6)
No more than 15 contiguous spaces shall be permitted in any continuous row without interruption by landscaping.
(7)
No more than 60 parking spaces shall be accommodated in any single parking area.
(8)
No more than two interconnected parking areas shall be permitted without having direct access to a public street or a private street meeting Township street standards.
(9)
The total length of any single or combined parking area shall not exceed 500 feet. The length shall be measured from the center line of the public or private street providing access to the furthest point of the parking area.
(10)
The requirements listed in Subsections (6) through (9) above may be varied to permit a more desirable and efficient design subject to Planning Commission review and approval.
604.6
Drainage. A storm runoff and drainage system shall be installed by the developer in accordance with sound engineering practice so as to adequately drain the project site, to adequately dispose of all runoff and drainage away from the project site, and so as not to permit excess flow of water across streets or adjoining properties. The rate of any discharge shall not be greater than existed prior to the development based on a one-hundred-year storm frequency. Plans for such drainage system shall be submitted and shall be subject to approval by the Township Engineer.
a.
All provisions of existing ordinances and the Subdivision and Land Development Ordinance, regarding storm drainage shall be complied with.
604.7
Lighting. Lighting for building, accessways, and parking areas shall be in accordance with § 615 of the Uwchlan Township Zoning Ordinance.
604.8
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.
604.9
Site plan review and approval. Multifamily and townhouse developments shall be subject to the procedures established by the Township Subdivision and Land Development Ordinance.
§ 605 Shopping centers.
Shopping centers shall be in single ownership or under a guaranteed unified management control. Shopping centers shall consist of harmonious selection of uses and groupings of buildings, service and parking areas, circulation and open space, and shall be subject to the following provisions:
605.1
Permitted principal uses:
a.
Stores for the sale of goods at retail or the performance of customary personal services or services clearly incidental to retail sales.
b.
Business, professional, or banking offices.
c.
Restaurants, cafes, or similar places serving food and/or beverages.
d.
Parking areas for transient motor vehicles, but not for the storage of new or used motor vehicles for lease or sale.
605.2
605.3
Area and bulk regulation.
a.
Lot size: The area for development shall be a minimum of five acres.
b.
Building coverage: 20% maximum.
c.
Impervious coverage: No lot shall be covered by more than 65% with impervious surface, including, but not limited to, principal and accessory buildings, driveways and walkways, and parking areas. Notwithstanding the foregoing, lots with lot area of three acres or less may increase impervious coverage to 75%.
[Amended 2-22-1999 by Ord. No. 99-03]
e.
Front yard: 200 feet minimum.
f.
Side yards: 100 feet minimum each side.
g.
Rear yard: 100 feet minimum.
605.4
Supplementary regulations. Off-street parking. Off-street parking shall be provided on the premises at a ratio of nine spaces per 1,000 square feet of gross floor area. Provided, however, that approval of off-street parking at a ratio of no less than five parking spaces per 1,000 square feet of floor area may be permitted by the Board of Supervisors as a conditional use when sought as part of an application for approval of a plan for subdivision or land development. Parking shall be permitted in the areas required for front, side and rear yard setbacks up to a point of 20 feet from any front, side or rear lot line of a shopping center. All parking areas shall be suitably paved with permanent hard-surface coverings, and adequately screened from any existing or proposed residential uses.[3]
605.5
Access and traffic controls. All means of ingress or egress from the shopping center to any public street or state highway shall be located at least 200 feet from any other intersecting street or streets and shall be designed to conduct traffic in a safe manner. The developer shall be responsible for the purchase and erection of any necessary traffic control devices and the construction of additional acceleration or deceleration lanes as may be required by the Pennsylvania Department of Transportation or by the Township.
605.6
Interior circulation. Interior accessways shall be designed so as to prevent the blocking of vehicles entering or leaving the site. Areas provided for loading or unloading of trucks and/or other vehicles or for servicing of shops for rubbish collection or other services shall be adequate in size and shall be so arranged that they may be used without blocking or interfering with interior circulation and parking facilities.
605.7
Channelization of vehicular movement in shopping centers. Channelization of vehicular movement in shopping centers shall conform to § 607.5 of this ordinance.
605.8
Landscaping standards for channelization islands in shopping centers. Landscaping standards for channelization islands in shopping centers shall conform to § 607.6 of this ordinance.
605.9
Lighting. Lighting for buildings, signs, accessways, and parking areas shall be in accordance with § 615 of the Uwchlan Township Zoning Ordinance.
605.10
Shopping cart storage. Establishments furnishing carts or mobile baskets shall provide definite areas on the site for the storage of said carts. Storage areas shall be clearly marked and designated for the storage of shopping carts and/or mobile baskets.
605.11
Screening.
a.
All lot lines abutting residential districts, in the Township or an adjoining municipality along the side yard or rear yard, shall be appropriately screened by fences, walls, evergreen, or other year-round planting and/or other suitable enclosures of a minimum height of four feet and a maximum height of seven feet for walls and fences.
b.
If trees, evergreen hedges or other types of year-round plants are used, a landscaped area shall be provided at least five feet in width along the entire tract boundary.
605.12
Storage of trash or rubbish. Storage areas for trash and rubbish shall be completely screened, and all organic rubbish shall be contained in covered verminproof containers. No such storage area shall be permitted within any required yard space.
605.13
Signs. A uniform scheme for signing shall be presented to the Board of Supervisors for approval, and sign size and location shall conform to § 606 of this ordinance.
605.14
Site plan review and approval. A proposed shopping center shall be subject to the provisions of the Township Subdivision and Land Development Ordinance, and the procedures established by said ordinance for approval of subdivision land development plans shall be followed in obtaining approval for shopping centers.[4]
§ 606 Sign regulations.
606.1
Area of sign. The area of a sign shall be construed to include all lettering, wording, and accompanying designs and symbols, together with the background, whether open or enclosed, on which they are displayed, but not including any supporting framework and bracing which is incidental to the display itself. Where the sign consists of individual letters or symbols together with the background attached to or painted on a surface (i.e., wall), the area shall be considered to be the smallest rectangle which can be drawn to encompass all of the letters and symbols.
606.2
Permitted permanent signs.
The maximum permitted size of permanent signs and type of signs shall be in accordance with the following regulations: |
a.
P-1: All signs and signals owned or operated by the Township, state, county, or federal government.
b.
P-2: Identification signs for public and for semipublic facilities, such as schools, churches, hospitals, libraries, clubs, and public utilities.
c.
P-3: Nameplate identifying the owner or resident of a private property, excluding mailboxes.
d.
P-4: Memorial or historical markers or tablets.
e.
P-5: Signs indicating the private nature of a road, driveway, or other premises, and signs controlling the use of private property, such as the prohibition of hunting and fishing.
f.
P-6: On-site directional signs.
(1)
Signs located on an individual lot.
(2)
Directional signs located within a mixed use community. Creates three types of directional signs located within a mixed use community being P-6.B, P-6.C and P-6.D.
[Amended 11-10-2008 by Ord. No. 2008-03]
(3)
P-6.D: Town Center directional sign. Freestanding sign intended to direct visitors to Town Center uses within confines of Town Center.
[Added 11-10-2008 by Ord. No. 2008-03]
g.
P-7.A.: Business and advertising signs for single building and single tenant lot.
P-7.B.: Business and advertising signs for one story, multitenant buildings on single lots. |
h.
P-8: Home occupation signs.
i.
P-9.A.: Permanent identifying signs for the purpose of identifying individual buildings within a multifamily residential development.
P-9.B.: Permanent identifying signs for the purpose of indicating the name of a multifamily development. Permittee must submit assurance of satisfactory upkeep. | |
P-9.C.: Permanent identifying signs for the purpose of indicating the name of a single-family development. Permittee must submit assurance of satisfactory upkeep. |
j.
P-10: Off-premises outdoor advertising signs.
[Added 1-24-2000 by Ord. No. 2000-01; amended 2-8-2010 by Ord. No. 2010-01]
P-10.A.: Off-premises outdoor advertising signs along the Pennsylvania Turnpike. | |
P-10.B.: Eagleview Boulevard Commercial District sign. |
For specific requirements governing permanent signs refer to Table 1.[1] |
[1]
Editor's Note: Table 1 is included as an attachment to this ordinance.
606.3
Permitted temporary signs.
Subject to other provisions of this section, only the following types of temporary signs are permitted in the Township: |
a.
T-1: Signs identifying lenders, architects, engineers, contractors, tradesmen, or others engaged in construction work, on premises wherein their work is proceeding. Such signs shall be removed as soon as the work ceases or is completed.
b.
T-2.A.: On-site real estate signs, on individual properties that are for sale, rent, or lease or which have been sold, rented, or leased. The former type shall be permitted for as long as the property remains for sale or rent, but the latter type shall be removed within a week of the date of the sale or rental agreement.
T-2.B.: A tent sign announcing open house for a residential resale — within 1,000 feet of house for sale and property owner consent for placement. | |
T-2.C.: On-site commercial real estate signs, on individual and multitenant properties that are for sale, rent or lease or which have been sold, rented or leased. The former type shall be permitted for as long as the property remains for sale or rent, but the latter type shall be removed within a week of the date of the sale or rental agreement. [Added 3-9-2015 by Ord. No. 2015-02] |
c.
T-3: Real estate signs similar to those described above, but located in housing developments or large acreages which include more than one house lot. Such signs shall be removed when 90% of the properties have been developed. Signs announcing proposed commercial or industrial development of the site may be erected but shall be replaced by T-2 signs at 75% occupancy.
d.
T-4: Signs advertising the sale of farm products, or garage sale, when such sale is conducted in accordance with all the provisions of this ordinance. Such signs shall be displayed only when the products are on sale.
e.
T-5: Development directional signs pursuant to § 606.6.
f.
T-6: Temporary signs of cloth or similar material announcing the grand opening of a business or building, for a period of one week.
g.
T-7: Temporary mobile, internally lit business sign announcing a special event for a period of one week per year.
606.4
Prohibited signs. The following types of signs shall not be permitted in the Township:
a.
Signs of such a design and location that they interfere with, compete for attention with, or may be mistaken for, a traffic signal. This shall include any sign visible from the public right-of-way which uses an arrow device or the word "stop." It shall also include signs in which the colors red and green are used either in direct illumination or in high reflection by the use of special preparation such as fluorescent paint or glass.
b.
Any sign located in or extending into a public right-of-way, except those owned or operated by a duly constituted government, or conforming to § 606.6.
c.
Any freestanding or projecting sign within an area bounded by the intersection of two rights-of-way and points 20 feet from such intersection along the rights-of-way, except directional signs less than three feet in height; or conforming to § 606.6.
d.
Freestanding or projecting signs over a public sidewalk area.
e.
Animated, sequential, flashing, or oscillating signs.
f.
Open flames used to attract public attention to a place of business or to an advertising sign.
g.
Signs which due to construction and/or location would constitute a hazard or potential danger to the community.
h.
Off-site signs except T-2.B, T-5, P-10, P-6.B, C and D signs.
[Amended 10-22-2009 by Ord. No. 2009-04]
606.5
Supplemental sign regulations.
a.
Projection: No freestanding sign may project beyond the lot line, over a public sidewalk area, or into a street right-of-way with the exception of T-5 signs.
b.
Height: No sign that is a part of or is supported by a building shall be erected upon the roof of such building, nor shall any sign extend above the height of the building. Freestanding signs shall meet the height requirements of the particular district in which they are located, unless otherwise required.
c.
Clearance. No sign structure erected directly upon the ground shall have less than three feet of clear space between such sign and the ground, however, necessary supports may extend through such open space. No sign shall be placed in any site triangle unless a clear site path between three feet and 10 feet vertical is left. Support posts may be in this open space.
d.
Illumination: Signs may be lighted with nonglaring lights, or may be illuminated by shielded floodlights that shine directly on sign and do not interfere with traffic; provided, however, that no red, green, or amber lights shall be permitted and provided that lighting is screened from adjacent properties and rights-of-way. No lights of intermittent, flashing, sequential, oscillating, or animated types shall be permitted.
e.
Placement: No signs shall be permitted which are posted, stapled, or otherwise attached to public utility poles or trees within a street right-of-way. No portion of any freestanding sign shall be located within five feet of any side lot line.
f.
Construction: All signs, except temporary signs, shall be constructed of durable material and kept in good condition and repair. Signs that are in disrepair shall be fixed or removed.
g.
Nonconforming sgns: Nonconforming signs, once removed, shall be replaced only with conforming signs; however, nonconforming signs may be repainted, providing such repainting or repairing does not exceed the dimensions of the existing sign.
i.
No sign shall be located so as to interfere with visibility for motorists at street or driveway intersections.
j.
Off-premises outdoor advertising signs are subject to the following regulations in addition to all other applicable regulations set forth in this § 606:
[Added 1-24-2000 by Ord. No. 2000-01]
(1)
Off-premises outdoor advertising signs shall be placed only along the east-west travel lanes of the Pennsylvania Turnpike on properties that abut the Pennsylvania Turnpike right-of-way situated between the northern Uwchlan Township boundary with Upper Uwchlan Township and the western right-of-way line of Gordon Drive where it intersects the Pennsylvania Turnpike. Off-premises outdoor advertising signs shall be located only a minimum of five feet and a maximum of 30 feet from the Turnpike east-west travel lanes right-of-way.
(2)
Any lighting of or on off-premises outdoor advertising signs shall comply with § 615 of this Zoning Ordinance, as amended.
(3)
Off-premises outdoor advertising signs are subject to an annual inspection by the Township Building Inspector or his designee to assure structural integrity and proper maintenance.
(4)
The owner or lessee of the off-premises outdoor advertising sign shall be responsible for maintenance, cleaning, inspection, and all necessary repairs of the off-premises outdoor advertising sign, including the structure, lighting, advertising copy and landscaping. The structure shall be made of materials with permanent finishes requiring minimal maintenance. All maintenance, cleaning and repair, including repair of torn or worn advertising copy and removal of graffiti shall be done promptly. In the event the Township notifies the owner or lessee of any damage, vandalism, graffiti or offensive advertising to or on the off-premises outdoor advertising sign, the owner or lessee shall repair or correct the problem within 48 hours of such notification. If repairs and corrections are not timely made, the Township shall have the right, but not the obligation, to make repairs or corrections and be reimbursed the cost thereof from the financial security required by Subsection (6) herein below.
(5)
All location, construction, installation, maintenance and operation of off-premises outdoor advertising signs and their foundations shall comply with the Township Zoning Ordinance and all applicable federal, state and local statutory and regulatory law. In the event of a conflict, the requirements of this § 606.5.j shall apply. The off-premises outdoor advertising sign support structure shall be a single stanchion; the stanchion, sign frame, and structural components of the off-premises outdoor advertising sign shall be constructed of galvanized steel or other weather- and vandalism-resistant materials approved by the Township.
(6)
The owner or lessee of the off-premises outdoor advertising sign, prior to the issuance of a building permit, shall post financial security in an amount mutually determined by the Township and the owner/lessee necessary to ensure proper maintenance, repair and removal of the off-premises outdoor advertising sign. A financial security agreement shall be signed by the owner/lessee in form and substance satisfactory to the Township.
(7)
The off-premises outdoor advertising sign, foundation, and all structural components shall be dismantled, removed from the site and the site restored if the lease or other agreement that authorizes the placement of the off-premises outdoor advertising sign expires or the use is abandoned. The use shall be presumed abandoned if there is no advertising copy on the off-premises outdoor advertising sign, or the advertising copy is illegible, deteriorated, or out-of-date, for a period of 180 consecutive days.
(8)
Off-premises outdoor advertising signs shall advertise only commodities, services, or entertainment conducted, sold or offered at a location in Uwchlan Township. The advertising sold or displayed shall be of such a nature that it is not normally objectionable to members of the public. In the event the Township determines advertising displays to be offensive or objectionable, the owner or lessee shall remove the same within 48 hours of written notice thereof from the Township. Advertising of alcohol, tobacco products, motion pictures and videos with NC-17 or X ratings, and sexually oriented businesses as defined in this Zoning Ordinance is prohibited.
(9)
Off-premises outdoor advertising signs shall be screened to allow only traffic on limited access highways to view the off-premises outdoor advertising sign structure and advertising copy. The screening shall consist of coniferous trees 10 feet high when planted, and planted to provide screening of sufficient height and density to substantially conceal from view the off-premises outdoor advertising sign structure from all points except the traffic on the limited access highway.
k.
The Eagleview Boulevard Commercial District sign shall be subject to the following regulations in addition to all other applicable regulations set forth in § 606 of the Zoning Ordinance.
[Added 2-8-2010 by Ord. No. 2010-01]
(1)
The sign will be located on Tax Parcel 33-4-22 which sign and parcel will be owned by the same entity that owns the shopping center on Tax Parcel 33-4G-365 located on Eagleview Boulevard.
(2)
The entity owning Tax Parcel 33-4G-365 will be the permittee for the original sign permit and will also be responsible for the construction, operation and future maintenance of the sign as long as it exists.
(3)
The sign shall be capable of advertising 20 plus businesses that are situated in the Eagleview Boulevard Commercial District which limits are shown on the subarea plans for the "Greater Lionville District" dated 11/3/99 by Kummer & Ott Associates, which is contained in the Uwchlan Township Comprehensive Plan of 2000.
(4)
The permittee shall be responsible for all present and future leasing of space on the sign. Any changes to advertising on the sign shall not require issuance of a new building permit as long as the requirements of this ordinance and the original approval are followed and leasing is in conjunction with the restrictive covenant that will be formulated at the time of application for the permit to construct the sign.
(5)
The permittee is responsible to maintain the sign in good repair at all times. In the event the Township notifies the owner of needed repair, the work shall commence within 48 hours of this notice. If the repairs are not made in a timely fashion, the Township will have the right but not the obligation to make the repairs and will be reimbursed by the owner.
(6)
Should the sign be abandoned or the advertising become illegible for a period that exceeds 90 days, a condition of the permit will require it to be dismantled and the permit will be revoked. The condition will also allow the Township to enter onto the property to dismantle the sign and be reimbursed by the owner for costs incurred should the owner fail to dismantle the sign in a timely manner.
606.6
Development directional signs.
a.
Purpose. The purpose of this section is to establish standards for the location, erection, use and maintenance of informational and directional signs for residential real estate developments under construction in Uwchlan Township.
b. ADMINISTRATOR BOARD OF SUPERVISORS CODE ENFORCEMENT OFFICER DEVELOPER DEVELOPMENT DIRECTIONAL SIGN DIRECTIONAL SIGN POST HEIGHT POLE SIGN TENT SIGN TOWNSHIP UNLAWFUL SIGN
Definitions. As used in this section, the following terms shall have the meanings indicated except where the context or language clearly indicates or requires a different meaning:
An individual appointed by the developers to oversee compliance with and the enforcement of this ordinance.
The duly elected governing body of Uwchlan Township, Chester County.
The duly appointed Code Enforcement Officer of Uwchlan Township, Chester County.
The owner of a development.
A residential real estate development under construction within Uwchlan Township of more than five residential units.
A sign authorized by this ordinance which serves solely to designate the location of a development.
A post, as hereinafter specified, on which directional signs are attached.
The vertical distance measured from the adjacent street grade or upper surface of the street curb to the highest point of a directional sign or directional sign post. Elevated roadways shall not be used to measure height.
A sign, either freestanding or attached to a public utility pole, street sign or other existing pole or sign post, the purpose of which is to direct potential customers to developments as defined herein.
A removable, relocatable sign which is not permanently affixed to the ground or otherwise, identifying the location of a development.
Uwchlan Township, Chester County.
A sign which contravenes this section or any other ordinance of Uwchlan Township or which the Uwchlan Township Code Enforcement Officer declares as unlawful or as dangerous to public safety by reason of dilapidation, abandonment or otherwise.
c.
Permits, fees and inspection.
(1)
Permit required. It shall be unlawful for any developer to erect, construct or move any directional sign without first obtaining a sign permit from the Township as required by this § 606.6. The permit shall authorize the developer to erect one or more directional signs on authorized directional sign posts.
(2)
Application for permit. Application for a permit shall be made to the Code Enforcement Officer upon a form provided by the Township and shall be accompanied by such information as may be required to assure compliance with this § 606.6 and applicable laws and regulations of the Township.
(3)
Issuance; denial. The Code Enforcement Officer shall issue a permit for the erection of a directional sign(s) within the Township when an application therefore has been properly made and the sign(s) complies with the provisions of this § 606.6. The Code Enforcement Officer may, in writing, suspend or revoke a permit issued under provisions of this section whenever the permit is issued on the basis of a misstatement of material fact or fraud or when a developer violates the provisions of this § 606.6 or any other ordinance of Uwchlan Township.
(4)
Effect of issuance. No permit for a sign issued hereunder shall be deemed to constitute permission or authorization to maintain an unlawful sign nor shall any permit issued hereunder constitute a defense in an action to abate an unlawful sign.
(5)
Permit fee. Application for permits shall be filed along with an initial basic permit fee as set from time to time by resolution. In addition, at the time of initial application and/or before any directional signs are erected, developer shall pay a supplemental fee as set from time to time by resolution for each directional sign post on which a developer erects or maintains a directional sign.
(6)
Inspection. Any developer, the administrator or any other person erecting, altering or relocating a directional sign or directional sign post shall notify the Township Code Enforcement Officer prior to the commencement of any erection, alteration or relocation.
d.
Directional sign specifications.
(1)
Location of directional signs. A maximum of 15 directional sign posts shall be erected within Uwchlan Township at locations specified by the Board of Supervisors. The precise location of the directional sign posts shall be designated by the Code Enforcement Officer by physically staking the location. Directional signs and directional sign posts shall be located such that they do not interfere with the clear sight triangle at any intersection. Directional sign posts shall be placed within the right-of-way of a Township road where possible. The developers shall secure permission from the Pennsylvania Department of Transportation, the Pennsylvania Turnpike Commission and any private landowner in any area where the directional sign post is to be erected in a location other than a Township right-of-way.
(2)
Specifications. Directional sign posts shall be four inch by four inch cedar posts, unstained and unpainted, with a maximum height of nine feet and a minimum of three feet buried underground. Directional signs shall be placed on the directional sign posts not less than a height of five feet.
e.
Size and color of signs. All directional signs shall be of a uniform color, material and design as approved by the Township. Each directional sign shall be six inches in height by 30 inches in width. The directional sign shall be limited to letter identifying a development and a directional arrow which shall be uniform and no logos shall be permitted on any directional sign.
f.
Costs. The developers shall be responsible for all costs associated with directional signs and the directional sign posts, including but not limited to the cost of purchase, erection, maintenance, relocation and removal.
g.
Illumination. No directional sign or directional sign post shall be illuminated either directly or indirectly, in any manner.
h.
Tent signs. Each developer may place two tent signs on Saturdays and Sundays only, one to be placed at the entrance of the development and the other to be placed in a location chosen by the developer but such that it will not interfere with the clear sight triangle at any roadway or driveway intersection.
i.
Pole signs. As required by Ordinance 94-11 of Uwchlan Township, all pole signs are illegal and shall be prohibited in the Township. The Code Enforcement Officer shall issue a written warning notice to any developer who holds a permit pursuant to this § 606.6 and who erects or maintains a pole sign(s) or unlawful sign(s) in the Township. If said signs are not removed within 10 days of the date of the written notice, the developer's directional sign permit shall be suspended and its directional sign(s) shall be removed by the administrator from the directional sign posts until all pole signs and unlawful signs are removed from the Township. In the event a developer fails to remove the pole signs or unlawful signs within 10 days of the permit suspension, the developer's permit under this § 606.6 shall be permanently revoked.[4]
j.
Temporary directional signs. Any developer holding a permit pursuant to this § 606.6 shall be prohibited from erecting or maintaining any T-5 temporary directional sign(s) pursuant to § 606.3.
k.
Indemnification. Prior to the issuance of any directional sign permit, the developer shall execute an indemnification agreement in a form satisfactory to the Township Solicitor, indemnifying and holding harmless the Township, Board of Supervisors, and employees and representatives of the Township from any and all claims, causes of action, damages, costs and attorney's fees, including but not limited to claims for personal injury, arising from or related to the placement, erection, maintenance, relocation and removal of directional signs and directional sign posts under this § 606.6.
§ 607 Off-street parking and loading.
607.1
Required off-street parking space.
a.
Unless specified otherwise in another section of this ordinance, all off-street parking spaces shall be provided paved and satisfactorily maintained in accordance with the following provisions for each building or use which, after the effective date of this ordinance, is established, erected, enlarged or altered for any of the following purposes or uses.
b.
The facilities required herein shall be available throughout the hours of operation of the particular business or use for which such facilities are provided. As used herein, the term "parking space" includes either a driveway or uncovered parking lot space located off the public right-of-way.
c.
Minimum off-street parking requirements shall be as provided below.
Off-Street Use | Parking Space Required | ||||
|---|---|---|---|---|---|
d. | Agricultural uses | ||||
(1) | Agriculture | 1 for each full-time employee | |||
e. | Residential uses | ||||
(1) | Single-family detached and semidetached and two-family detached | 3 for every dwelling unit | |||
(2) | All other types of dwelling units | 2 1/2 for every dwelling unit | |||
(3) | Home occupation[1] | 3 for every dwelling unit plus 1 for every 150 square feet of space used for the home occupation use | |||
(4) | Boarding, rooming or tourist houses | 1 for each guest room, 3 for the host family plus 2 for employees | |||
f. | Public or private recreational uses | ||||
(1) | Private clubs, lodges | 1 for every 50 square feet of floor area available to patrons | |||
(2) | Golf course | 4 for each hole plus club requirement as listed above | |||
(3) | Golf driving range | 2 for each tee | |||
(4) | Miniature golf | 2 for each hole | |||
(5) | Bowling alley | 5 for each lane | |||
(6) | Health club, spa | 1 for every 200 square feet of gross floor area devoted to such use | |||
(7) | Gymnasium, stadium | 1 for every four seats | |||
(8) | Public swimming pool | 1 for every 120 square feet of water surface; or 1 for every 5 persons for which dressing facilities are provided (whichever is greater) | |||
(9) | Outdoor recreation | 1 for every 1,500 square feet of area | |||
(10) | Indoor recreation | 1 for every 150 square feet of gross floor area devoted to such use | |||
g. | Governmental, institutional and educational uses | ||||
(1) | Places of public or private assembly including churches, auditoriums, theaters and assembly halls | 1 for every 4 permanent or temporary seats, plus 1 for every 100 square feet of meeting room area | |||
(2) | Social, fraternal and social service buildings | 1 for every 50 square feet of assembly area | |||
(3) | Community center, library, museum | 1 for every 250 square feet of floor area in public use | |||
(4) | Hospital | 1 1/2 for each bed, plus 1 for each employee on the shift of greatest employment | |||
(5) | Personal care, continuing care, congregate care, convalescent home, nursing home, sanitarium, and the like | 1 per every 2 beds plus 1 for each employee on the shift of greatest employment | |||
(6) | Private kindergarten, preschool, day-care center | 1 for each adult attendant, 16 years or older, plus 1 for every 500 square feet of gross floor area | |||
(7) | Schools | 1 for each faculty member and other full-time employee, plus 2 for each classroom, plus 1 for every 8 students aged 16 years or older, plus 1 for every 4 seats for auditorium, gymnasium and/or stadium | |||
h. | Retail, commercial and other business uses | ||||
(1) | Retail store or shop, including department store or supermarket | 1 for every 100 square feet of store sales floor area or area serving customers | |||
(2) | Personal service businesses such as barber shops, photo shops, tailor, beautician, shoe repair and the like | 1 for every 100 square feet of gross floor area | |||
(3) | Restaurant, cafeteria | 1 for every 2 seats, plus 1 for each employee | |||
(4) | Tavern, cafe or nightclub[2] | 1 per occupant load as determined by the UCC Code | |||
(5) | Fast-food restaurant | 1 for every 50 square feet of gross floor area, plus 1 for each employee | |||
(6) | Self-service laundromat | 1 for every 1 1/2 machine | |||
(7) | Automobile service and repair (in addition to gas station and auto dealer requirements, where applicable) | 4 for each bay, or 1 for every 200 square feet of floor and ground area devoted to service and repair (whichever is greater), plus 1 for each employee | |||
(8) | Banks, credit unions and the like | 1 for every 75 square feet of floor area for serving customers | |||
(9) | Medical or dental offices and clinics | 5 for every 1,000 square feet of gross floor area | |||
(10) | Funeral home | 1 for every 4 seats for patron use, or 1 for every 50 square feet of gross floor area, whichever is greater | |||
(11) | Professional and business offices | 1 for every 250 square feet of gross floor area | |||
(12) | Shopping center[3] | 5 for every 1,000 square feet of gross floor area (by conditional use) | |||
(13) | Hotel or motel | 1 for each rental room or suite, plus 1 for every employee on the shift of greatest employment, plus the requirements for ancillary uses | |||
(14) | Inn, bed-and-breakfast inn | 1 for each rental room, plus 1 for every employee on the shift of greatest employment | |||
(15) | Movie theater (part of a shopping center) | 1 for every 4 seats, plus 1 for every employee on the shift of greatest employment | |||
(16) | Movie theater (freestanding) | 1 for every 2 seats plus 1 for every employee on the shift of greatest employment | |||
(17) | New and used automobile sales agencies | 1 for every 200 square feet of floor and ground area devoted to sales and accessory service use, plus 1 for each employee | |||
(18) | Gas station (in addition to automobile service and repair applicable) | 1 for every pump island, plus 6 stacking spaces for each pump island requirement. | |||
(19) | Car wash - automated | 6, plus 6 dry-off spaces, plus 25 stacking spaces. | |||
(20) | Car wash - nonautomated | 2 for each bay, plus 3 stacking spaces for each bay | |||
(21) | MAC/ATM machine when not part of a bank | 5 | |||
MAC/ATM machine when part of a bank | 3 | ||||
i. | Industrial and other related uses | ||||
(1) | Industrial and manufacturing, establishments, truck terminals and wholesale warehouses | 1 for each employee on the combined major and next largest shift | |||
(2) | Research and development facilities, laboratories | 3 for every 1,000 square feet of gross floor area | |||
j. | Buildings or uses other than those specified above. | ||||
(1) | Determination of the appropriate parking space requirements shall be made by the Zoning Officer consistent with the standards set forth herein for comparable buildings or uses after review of a study prepared by a qualified Traffic Engineer. | ||||
607.2
General regulations for off-street parking.
a.
Existing parking. Structures and uses in existence at the date of adoption of this ordinance shall not be subject to the requirements of this section so long as the kind or extent of use is not changed, provided that any parking facility now serving structures or uses shall not in the future be reduced below such requirements.
b.
Changes in use. Whenever a structure is altered or a use is changed or extended which currently complies or is deficient with regard to the required number of parking spaces, but result in an increase to the parking requirements of § 607.1, then the total additional parking required for the alteration, change or extension shall be provided in accordance with the requirements of that section.
c.
Conflict with other uses. No parking area shall be used for any use that interferes with its availability for the parking need it is required to serve.
d.
Continuing character of obligation. All required parking facilities shall be provided and maintained so long as the use exists which the facilities were designed to serve. Off-street parking facilities shall not be reduced in total extent except when such reduction is in conformity with the requirements of this section.
e.
Modification of requirements.
(1)
Joint use. Two or more uses may provide for required parking in a common parking lot either on or off the site, by special exception if the total space provided is not less than the sum of the spaces required for each use individually, unless otherwise specifically set forth herein.
(a)
The owners of two or more establishments shall submit with their applications for special exception a site plan showing joint use, written agreement approved by the Township Solicitor and accepted by the Board of Supervisors and location of a common off-street parking area.
(b)
Some portion of the common off-street parking area shall lie within 200 feet of an entrance, regularly used by patrons, into the buildings served thereby.
(2)
Conditional reduction of off-street parking areas. In order to prevent the establishment of a greater number of parking spaces than is actually required to serve the needs of the particular mix of enterprises in a shopping center or large single commercial use, or a single use such as an office building, stand-alone restaurant, retail store and any other such use, the Board of Supervisors, after holding a conditional use hearing pursuant to public notice and consulting with the Township Planning Commission and Township Engineer, may permit a reduction of parking spaces if the following conditions are satisfied:
[Amended 12-9-2013 by Ord. No. 2013-06]
(a)
The applicant must present written justification for a reduction in the required parking spaces of a commercial, industrial, or public and semipublic use.
(b)
The design of the parking lot, as indicated on the land development plan, required for the conditional use application, must designate sufficient space to provide for the total requirement of parking spaces as set forth in § 607.1. In addition to the layout for the total number of parking spaces the plan shall illustrate these required parking spaces which one requested to be removed.
(c)
The conditional reduction shall permit up to a 20% reduction in the required number of parking spaces if it can be demonstrated to the Board of Supervisors that the hours or days of peak parking need for the uses are so different that a lower total will provide adequately for all uses served by the common parking facility. This initial phase of the parking provision shall be clearly indicated on the plan.
(d)
The required parking space area may be exempted from the required area and bulk regulations, provided that the remaining area of the total minimum computed parking area is included as open space. The exempted parking area will not be counted as permanent provided open space to satisfy other requirements of this ordinance.
(e)
The exempted parking area provided for in open space shall no longer be an exemption to the required paved area, if at the discretion of the Board of Supervisors, a parking problem is caused.
(f)
The landowner or developer shall enter into a written agreement at the time any conditional reduction is granted with the Board of Supervisors that, at any time after one year following the issuing of the last occupancy permit, any additional parking spaces shall be provided at the expense of the landowner or developer, should it be determined the full parking space requirement, or portion thereof, is necessary to satisfy the need of the particular mix of uses or single use in a shopping center or other major commercial use.
(g)
Storm drainage and stormwater management facilities must be sized and constructed to handle the full parking space requirement.
f.
Location of parking spaces. Required off-street parking spaces shall be on the same lot or premises with the principal use served, except in the case of joint use as per § 607.2.e where parking may be located on the adjoining lot.
g.
Fractional spaces. Where the computation of required parking spaces results in a fractional number, the fraction of 1/2 or more shall be counted as one.
h.
Maintenance of parking and loading areas. For parking areas of three or more vehicles, that portion of the parking and loading area not landscaped and so maintained, including driveways and entranceways, shall be graded, surfaced, and drained in accordance with the standards set forth in the Uwchlan Township Subdivision and Land Development Ordinance, to the extent necessary to prevent nuisance of dust, erosion, or excessive water flow across streets and adjoining properties.
i.
Parking area reservation. All off-street parking areas shall be reserved and used for vehicle parking only, with no sales, dead storage, repair work, dismantling or servicing of any kind on lots in any residential districts. Camping trailers, house trailers, mobile homes, boats, unregistered or inoperative motor equipment, or similar durables shall not be stored nor parked within the required front yard except as specifically provided in other provisions of this ordinance. The parking of one commercial vehicle of up to one ton only within the side or rear yard is permitted if needed by an individual for his livelihood for a business not conducted on the premises; or one vehicle used for recreational use such as a travel trailer or recreational vehicle is permitted for storage purposes only, within the rear yard, and is not to be used for sleeping, recreational or living purposes at any time or in any way, shape, or form on the lot in question.
j.
A garage or carport may be located wholly or partly inside the walls of the principal building, or attached to the outer walls. If separated from the principal building, the garage shall conform to all setback requirements of the principal building. The garage may be constructed under a yard or court.
k.
Automotive vehicles, boats, or trailers of any kind or type without current license plates shall not be parked or stored on any public street.
l.
No repair to or maintenance of vehicles of any kind, except emergency repairs, shall be permitted in any accessory parking facility. However, one unlicenced car may be permitted for the removal of parts, provided that no such vehicle shall be located within the front yard, nor retained on the premises in excess of six months.
m.
Parking areas cannot be utilized or credited toward required open space.
607.3
Parking area design standards. The design standards specified below shall be required for all off-street parking facilities with a capacity of five or more vehicles built after the effective date of this ordinance.
a.
All parking spaces shall be a minimum of 9.5 feet by 20 feet, except where nine feet by 18 feet is permitted, and except for handicapped parking spaces which shall be 12 feet by 20 feet. Where parked vehicles abut a grass strip of at least four feet in width, the parking space may be reduced to nine feet by 18 feet. In the case of single retail stores or shopping centers, the Board of Supervisors may require up to 50% of the spaces to be 10 feet rather than 9.5 feet wide. The Board of Supervisors may also require more ten-foot-wide spaces if the Board determines that a proposal for any type of building warrants a percentage of these larger spaces. The location for any percentage of the larger spaces shall also be as determined by the Board.
[Amended 5-11-1998 by Ord. No. 98-07; 12-9-2013 by Ord. No. 2013-06 ]
b.
The minimum dimensions of stalls and aisles in a parking lot with angle parking shall be as follows:
[Amended 5-11-1998 by Ord. No. 98-07; 12-9-2013 by Ord. No. 2013-06]
Parking (feet) | Aisle (feet) | ||||
|---|---|---|---|---|---|
Angle of Parking | Stall Width | Stall Depth | One-Way | Two-Way | |
90° | 9.5* | 20 | 22 | 24 | |
60° | 9.5* | 20 | 18 | ||
45° | 9.5* | 18 | 15 | ||
30° | 9.5* | 17 | 14 | ||
Parallel | 8 | 24 | |||
* | Except at discretion of the Board where a percentage of the spaces shall be 10 feet wide. | |
** | Where parked vehicles abut a grass strip of at least four feet in width, the parking space may be reduced to nine feet by 18 feet. |
c.
Parking areas shall be designed to permit each motor vehicle to proceed to and from the parking space provided for it without requiring the moving of any other motor vehicles.
d.
All paved parking areas shall be line striped and properly maintained so as to provide for orderly and safe parking. Special use spaces such as short-term visitor parking, handicapped parking and pickup/dropoff zones shall be differentiated from long-term employee parking by signage and pavement markings approved by the Township.
e.
All parking areas, loading areas and access drives thereto shall be provided with vertical curbs or concrete wheel stops, except in the case of a residential or agricultural lot in the R-A, R-R or R-1 or R-2 Districts. Concrete wheel stops shall be installed so as to prevent vehicle overhang on any sidewalk area or any adjoining area which is planted with shrubs or trees.
f.
Parking shall not be permitted within a public street right-of-way, except in designated areas. In no case, however, shall trucks with a gross vehicle weight rating over 8,200 pounds, boats, recreational vehicles, campers, trailers with a gross vehicle weight rating over 2,000 pounds, unregistered, uninspected or inoperative motor vehicles, motorized equipment, construction equipment or similar vehicles or equipment be permitted to park on the street in residential districts or the PCID District.
[Amended 12-9-2013 by Ord. No. 2013-06]
g.
All nonresidential parking and loading areas and parallel circulation and service lanes shall be separated from the right-of-way of a public thoroughfare or adjoining property lines by a planting strip not less than 20 feet in depth, in nonresidential districts. If additional lanes, rights-of-way or roadways are dedicated to the Township, the width of the required plant strip may be reduced to not less than 10 feet from the right-of-way of a public thoroughfare or the adjoining property lines.
[Amended 5-11-1998 by Ord. No. 98-07; 12-9-2013 by Ord. No. 2013-06]
h.
All parking areas for 60 or more cars shall be separated from each other by a ten-foot-wide-minimum landscaped island running parallel to the stall and planted in accordance with § 607.7.b.4.
[Amended 12-9-2013 by Ord. No. 2013-06]
i.
In those areas within a parking lot where vehicles are parked, and in aisles adjacent to parking, a maximum grade of 6% shall not be exceeded. Parking aisles not directly adjacent to parking and access driveways within a parking lot shall not exceed a grade of 8%. No grade cut, fill, or height difference between terraced parking areas shall exceed three feet unless separated by landscaped areas with slopes no greater than 5:1.
j.
In no case shall parking areas be designed to require or encourage cars to back into a street in order to leave the lot.
k.
Entrances and exits to and from off-street parking areas shall be located so as to avoid interference with street traffic.
l.
No less than a two-foot radius of curvature shall be provided for all curblines for interior islands.
[Amended 12-9-2013 by Ord. No. 2013-06[4]]
[4]
Editor's Note: this ordinance also repealed former § 607.3.l, regarding concrete wheel stops, and redesignated former § 607.3.m through p as § 607.3.l through o, respectively.
n.
All materials used in the construction of parking areas shall comply with the minimum standards set forth in the Township Subdivision and Land Development Ordinance.
o.
Handicapped parking shall be in accordance with ICC-ANSI regulations currently enforced as adopted by the Commonwealth of Pennsylvania.
[Amended 12-9-2013 by Ord. No. 2013-06]
607.4
Design and layout of off-street loading facilities.
a.
In addition to the off-street parking space required in this article any building erected, converted and/or enlarged for any nonresidential use shall provide off-street areas for loading and unloading and commercial vehicle parking space adequate for their needs.
b.
The minimum size loading space shall be 50 feet in depth, 12 feet in width, with an overhead clearance of 15 feet, exclusive of drives and maneuvering space, and located entirely on the lot being served.
c.
All commercial and industrial establishments shall provide loading and unloading and commercial vehicle storage space adequate for their needs. All loading space shall have adequate access from a street or way which does not block or interfere with the required parking as specified in § 607.1. This required space will be provided in addition to established requirements for patron and employee parking.
d.
In no case shall the public rights-of-way be used for loading or unloading of materials. Further, no loading dock or space shall be located or arranged in such a way that it is necessary to back any vehicle into or off any public right-of-way, nor require the use of any public right-of-way for maneuvering space.
e.
Two-way driveways shall be a minimum of 24 feet in width and a maximum of 36 feet wide. One-way driveways shall be a minimum of 14 feet in width.
f.
All driveways and entranceways shall be graded, paved and drained to standards set forth in the Uwchlan Township Subdivision and Land Development Ordinance, to the extent necessary to prevent nuisance of dust, erosion, or excessive water flow across streets and adjoining properties.
g.
All off-street loading berths shall be provided on either the side or rear of the lot. In no case shall off-street loading berths be provided in the front of the lot.
h.
Such facilities shall be designed and used in such a manner as to at no time constitute a nuisance, a hazard, or an impediment to traffic.
i.
Off-street loading requirements as specified below shall be provided on any lot on which a building exceeding 6,000 square feet of gross floor area for business or industry is hereafter erected, or whenever the proposed use dictates the need for off-street loading. The requirement for the number of berths may be waived by the Board for just cause on a case-by-case basis.
[Amended 5-11-1998 by Ord. No. 98-07]
(1)
Every truck terminal, hospital, retail establishment, warehouse or wholesale establishment, nursing home, industrial plant or manufacturing establishment exceeding 6,000 square feet shall have at least one off-street loading space. Where there is an aggregate gross floor area of 20,000 square feet or more arranged, intended or designed for such use, there shall be provided off-street truck loading or unloading berths in accordance with the following table:
Square Feet of Aggregate Gross Floor Area Devoted To Each Use | Required Number of Berths | |
|---|---|---|
6,000 up to 19,999 | 1 | |
20,000 up to 79,999 | 2 | |
80,000 up to 127,999 | 3 | |
128,000 up to 191,999 | 4 | |
192,000 up to 255,999 | 5 | |
256,000 up to 319,999 | 6 | |
320,000 up to 391,999 | 7 | |
For each additional 72,000 | 1 additional berth |
(2)
Every auditorium, office building, restaurant, hotel, or education facility or other institution exceeding 6,000 square feet shall have at least one off-street loading space. Where there is an aggregate gross floor area of 30,000 square feet or more, arranged, intended or designed for such use, there shall be provided off-street truck loading and unloading berths in accordance with the following table:
Square Feet of Aggregate Gross Floor Area Devoted To Each Use | Required Number of Berths | |
|---|---|---|
6,000 up to 29,999 | 1 | |
30,000 up to 44,999 | 2 | |
45,000 up to 119,999 | 3 | |
120,000 up to 197,999 | 4 | |
198,000 up to 290,999 | 5 | |
291,000 up to 389,999 | 6 | |
390,000 up to 488,999 | 7 | |
489,000 up to 587,999 | 8 | |
588,000 up to 689,999 | 9 | |
For each additional 105,000 | 1 additional berth |
607.5
Access for off-street parking and loading areas. Access to and from all off-street parking, loading, and vehicle service areas along public rights-of-way shall consist of well defined entrances and exits and shall comply with the following provisions:
a.
Access drives shall not open upon any public right-of-way within 80 feet of the nearest right-of-way line of any intersecting public street or highway in a nonresidential district and 40 feet of the nearest right-of-way line of any intersecting public street or highway in a residential district.
b.
The required sight distance for access drives which open upon any street or highway shall be in accordance with the regulations of the Pennsylvania Department of Transportation.
607.6
Screening and landscaping requirements.
a.
Where any off-street parking area provides more than five parking spaces, screening shall be placed between such parking area and the lot line. Screening shall be effective at the time of occupancy, subject to the following provisions:
(1)
Effective screens shall be accomplished through the use of one or more of the following: plant materials, fencing or walls, and/or mounding through the use of earthen berms, forming a continuous visual buffer.
(2)
The area for planting, fencing, walls or earthen berms shall not extend beyond the street right-of-way.
(3)
When planting screens are employed the following shall apply:
(a)
A buffer planting strip shall be provided. It shall be a minimum of 10 feet in width.
(b)
The type of plant materials to be used shall be subject to review and approval by the Board of Supervisors upon the recommendation of the Planning Commission and Township Arborist.
(c)
Planting screens shall be of sufficient height and sufficient density to constitute a continuous visual buffer 4 1/2 to five feet in height at the time of planting. The spacing of plant materials shall be subject to review and approval by the Board of Supervisors upon the recommendation of the Planning Commission and Township Arborist.
(d)
Any tree or shrub which dies within 18 months of the dedication of public improvements or occupancy shall be replaced. Any tree or shrub which within the aforementioned time period is deemed, in the opinion of an agent authorized by the Township, not to have survived or grown in a manner characteristic of its type, shall be replaced. Any substitutions shall be approved by the Township.
(4)
Whenever fencing or walls are employed, the effective height of the continuous visual buffer shall be no less than five feet, subject to the provisions of § 601.2.
(5)
Whenever earthen berms are employed, the effective height of the continuous visual buffer shall be no less than five feet in height.
b.
Landscaping within any parking area which provides more than five parking spaces shall also be subject to the following provisions:
(1)
Off-street parking areas and parking lots shall be landscaped to reduce wind and air turbulence, heat and noise, and the glare of automobile lights; to reduce the level of carbon dioxide; to provide shade; to ameliorate stormwater drainage problems; to replenish the groundwater table; to be screened from views; and to provide for a more attractive setting.
(2)
Each parking lot shall have one 2 1/2 to three inch caliper shade tree for every five parking spaces, if there are no existing shade trees.
(3)
The type of plant materials to be used shall be subject to review and approval by the Board of Supervisors upon the recommendation of the Planning Commission and Township Arborist.
(4)
The landscaping and planting areas shall be reasonably dispersed throughout the parking lot, except where there are more than 20 parking spaces, in which case the following shall apply:
(a)
Landscaped islands shall be provided to separate every 20 consecutive parking spaces. Such islands shall be a minimum of eight feet in width and 18 feet in length. Such islands shall be provided to enhance the appearance of the parking area and to control access and movement within the parking area and shall be curbed. Each landscaped island shall have at least one shade tree as required by Subsection b.2, above.
(b)
All planting islands and planting beds within a parking lot shall be covered for at least 75% of their area with groundcovers, dwarf shrubs, and other approved plant materials. Stone mulch may be used in conjunction with groundcovers and shrubs when approved by the Township. Shredded hardwood mulch shall only be used to form the plant saucers.
(c)
Trees must be located so as to not interfere with lighting fixtures.
[Added 12-9-2013 by Ord. No. 2013-06]
607.8
Terraced parking facilities. In order to preserve more green space and reduce impervious coverage and to serve the needs of larger commercial and industrial uses in the Township, off-street parking may be provided in a terraced parking facility (TPF) in the PIC District, provided the following requirements and procedures herein are met. The applicant applying for a TPF shall comply with § 607 et seq. (where applicable) except for §§ 607.2.f, 607.3, 607.6 and 607.7 which are superseded by this § 607.8.
[Added 11-13-2000 by Ord. No. 2000-14]
A.
A TPF or loading area and associated parallel circulation and service lanes may serve more than one principal building and/or more than one lot, provided appropriate cross easements for access and use are provided prior to final land development and/or subdivision approval. This subsection shall supersede §§ 607.2.f and 607.3 herein.
B.
Design and layout standards.
(1)
A TPF shall not exceed four levels (whether directly stacked above each other or layered in successive levels) with each level not to exceed 11 feet, four inches or a total of 44 feet in height for all levels measured from the grade to the top level of the TPF.
(2)
A subdivision line(s) may be created through the TPF or loading area and associated parallel circulation and service lanes without requiring the applicable setbacks for the zoning district in which it is located, provided, if applicable, cross-easements for access and use are provided prior to final land development and/or subdivision approval. This subsection shall supersede §§ 607.2.f and 607.3 herein.
(3)
Ramps for the movement of vehicles between parking levels shall be constructed within the TPF except in instances when the topography of a site allows them to extend outside the TPF on the existing grade. The types of ramps associated with the TPF shall be defined as follows:
Primary ramps are vehicular ingress/egress points normally consisting of four lanes (two in/two out) that connect the TPF with adjacent roads, streets or access drives. All lanes must be a minimum of 11 feet in width and shall not exceed a maximum grade of 10%. | ||
Secondary ramps are internal ramps within the TPF that are two lanes in width. All lanes must be a minimum of 11 feet in width and shall not exceed a maximum grade of 10%. | ||
Aisle width. | ||
PIC uses, except retail uses. | ||
(4)
Within an enclosed TPF, the following aisle widths and parking space angles/lengths shall apply to all PIC uses except retail use:
Angle of Parking Space | Minimum Aisle Width/ Parking Space Length (feet) | Minimum Depth/ Parking Space (feet) | Minimum Width/ Parking Space (feet) | |
|---|---|---|---|---|
30° | 17 | 14 | 9 one way | |
45° | 18 | 18 | 9 one way | |
60° | 22 | 19 | 9 two way | |
90° | 22 | 18 | 9 two way |
Columns can extend into parking stall width by one foot when parking at 90°. | |
Retail use. The following TPF standards shall apply to retail use: |
Angle of Parking Space | Minimum Aisle Width/ Parking Space Length (feet) | Minimum Depth/ Parking Space (feet) | Minimum Width/ Parking Space (feet) | |
|---|---|---|---|---|
30° | 17 | 14 | 10 one way | |
45° | 18 | 15 | 10 one way | |
60° | 20 | 18 | 10 two way | |
90° | 24 | 20 | 10 two way |
(5)
Parking spaces shall be delineated by a single line striped and properly maintained so as to provide for orderly and safe parking.
(6)
In instances where there is both a TPF and a surface parking area(s), the layouts of both shall be such that there are no abrupt changes in parking angle and aisle widths or overall layout, so as to avoid a safety hazard or confusion for the motorists.
(7)
All TPFs and loading areas and parallel circulation and service lanes shall be set back from the public right-of-way or adjoining property line by not less than 20 feet in depth except as provided in §§ 607.8A and 607.8B(2).
(8)
In no case shall parking spaces within the TPF be designed to require or encourage cars to back into ramps, accessways or circulation road in order to leave the TPF.
(9)
Entrances and exits to and from a TPF shall be located so as to avoid interferences with street or circulation road traffic.
(10)
Handicapped parking. Where provisions for handicapped parking are located within terraced parking facilities, all terraced parking facilities shall comply with the current requirements and regulations of the Americans with Disabilities Act.
(11)
All parking areas, loading areas, circulation roads and service drives shall be provided with vertical curbs, concrete wheel stops and/or other devices designed to prevent vehicle overhang on any sidewalk area or any area which is planted with shrubs or trees.
(12)
All parking areas, loading areas, circulation roads, and service drives adjacent to elevation changes must be protected with a guide rail, retaining wall or other device designed to protect a vehicle from such dropoff.
C.
Screening and landscaping requirements.
A TPF shall be screened through the use of one or more of the following: plant materials, fencing or walls, and/or mounding through the use of earthen berms forming a continuous visual buffer. When planting screens are employed, a planting strip shall be provided at 10 feet in width which shall be located within twenty-foot setback referenced in § 607.8B(7) above and include trees and shrubs reasonably dispersed along the perimeter of the TPF. Two types of buffer strips shall be used to screen the parking structure: | ||
External screen: a vegetative planting strip used on the periphery of the TPF between external adjoining property lines and rights-of-way and the TPF itself. The purpose of this screen is to visually block a significant majority of the TPF from adjoining properties and roads. Deciduous, evergreen and semi-evergreen vegetation shall be included in the buffer. A majority of the species used in the screen shall be either evergreen or semi-evergreen. | ||
Internal screen: a vegetative strip used on the periphery of the TPF between internal roads, drives and buildings to lightly screen the TPF. Deciduous and semi-evergreen vegetation shall be used in the buffer. The intent of this buffer is to provide shade and visually provide a vegetative edge to the TPF. No plantings above 2.5 feet in height may be used within any driveway or ramp clear sight triangle as defined by the Township. | ||
The type of screening to be employed shall be subject to review during the subdivision and land development process, at which time, a landscape plan prepared by a landscape architect registered in the State of Pennsylvania shall be provided. | ||
D.
Lighting. A TPF shall comply with the criteria set forth in § 615 (Lighting Ordinance) except that § 615C.4.b shall not apply and freestanding lighting fixtures may be placed within the parking areas of the structure when said fixtures are securely attached to an extended concrete base extending a minimum of 2'0" above finished grade.
§ 608 Screening.
a.
All outdoor storage, parking, and/or loading areas of industrial uses shall be screened from view from any residential or commercial development or public right-of-way by a landscape screen or other visual barrier with planting. The screening shall be placed between the industrial use and contiguous residential and/or commercial zoning district.
b.
The landscaped screen shall be composed of evergreen plants and trees arranged to provide screening of sufficient height and density to conceal from view the parking and/or loading areas from adjacent property owners.
c.
All outdoor use operations, mechanical equipment, and other functional accessories of each building, such as elevator, penthouse, ventilation pipes and ducts, water pressure tanks, heating, air conditioning, and power supply units shall have an architecturally compatible building material screen or covering which is an integral part of the building envelope and/or which is harmonious with the building design.
d.
An alternative visual barrier shall be an opaque fence or wall with plantings of trees, shrubs, and/or vines along the surfaces of the barrier facing any adjacent property.
§ 609 Residential open space option.
609.1
Intent and qualifying conditions.
a.
In the R-A, R-R and R-1 Zoning Districts, a developer may be allowed to reduce the required area and bulk regulations, provided that the following procedures and conditions are met. In all cases there shall be a minimum of 35% open space. As a permitted use or conditional use in the R-A, R-R and R-1 Zoning Districts, a developer may be allowed to reduce the required area and bulk regulations, provided that the following procedures and conditions are met. In all cases there shall be a minimum of 35% open space.
[Amended 9-8-1997 by Ord. No. 97-07; 9-8-1997 by Ord. No. 97-15; 10-14-1997 by Ord. No. 97-16; 1-11-1999 by Ord. No. 99-01[1]]
b.
It is the intent of this section to provide for smaller lots than normally required and in so doing safeguard sensitive natural features and create and protect open spaces for use by existing and future residents of the Township. The purpose of this approach is to encourage the preservation of large, stream valley and hilly lands of the Township as well as other areas for agriculture, recreation, conservation and various kinds of open space uses while assuring in all cases that the entire area shall be protected in perpetuity by conservation easements. It is also the intent of the section to facilitate the conservation of surface and underground water supplies, the control of soil erosion and surface-water flooding and overall to minimize the potential adverse effects of land development on the Township.
c.
It is also the intent of this section to discourage intensive development in those locations unsuited for such uses as described in the above subsection.
[Amended 9-8-1997 by Ord. No. 97-07; 9-8-1997 by Ord. No. 97-15; 10-14-1997 by Ord. No. 97-16]
(1)
In order to qualify for consideration as a residential open space option, the tract of land to be subdivided by the applicant must have a minimum lot area of 10 acres. The Board of Supervisors may allow a reduction of the minimum ten-acre requirement if by conditional use if it determines the use of the residential open space option on a tract of land less than 10 acres preserves significant environmentally sensitive areas, historical structures or the open space enhances the Township's existing open space system.
[Amended 5-11-1998 by Ord. No. 98-06]
(2)
The maximum permitted number of lots for development under the residential open space option shall be determined in accordance with the following table by multiplying the gross acreage of the tract proposed for development by the applicable factor:
[Amended 3-27-2002 by Ord. No. 2000-02]
District | On-Site Water and On-Site Sewage Disposal | Either Off-Site Water or Off-Site Sewage Disposal | Off-Site Water and Off-Site Sewage Disposal | |
|---|---|---|---|---|
R-A | 0.50 | 0.75 | 1.0 | |
R-R | 0.726 | 0.8712 | 1.0 | |
R-1 | 0.726 | 0.968 | 1.20 |
(3)
Subject to approval by the Board of Supervisors, the developer may be able to reduce the minimum lot size requirement applicable to the district by 50% subject to the 35% open space requirement. Reduction of lot sizes by more than 50% may be permitted as a conditional use subject to provisions of § 609.1.c(3)(g). All lot reductions shall be governed by the following:
[Amended 1-11-1999 by Ord. No. 99-01]
(a)
All buildings/dwellings shall be able to connect to a public sanitary sewage disposal system in operation at the time when a principal building/dwelling is started. Should public sewer not be available to the site, the open space option may still be permitted as a conditional use with approval by the Uwchlan Township Sanitary Engineer of acceptable in-ground on-site sewage disposal systems. This on-site sewage option shall not be available for any proposals that wish to reduce lot size by more than 50% or to a size that does not meet the criteria of the Chester County Health Department for in-ground on-site sewage disposal systems. The method for calculating the permitted maximum density on a site utilizing sewer on-site shall not be described in § 609.1.c(2) but shall be derived from the number of lots possible on a yield plan as defined in § 301.4 of this zoning ordinance.
[Amended 12-9-2013 by Ord. No. 2013-06]
(b)
All buildings/dwellings shall be able to connect to a public water supply system in operation at the time when construction of a principal building/dwelling is started.
(c)
The number of lots subdivided does not exceed the maximum number of lots permitted by the zoning regulations and the aggregate impervious coverage of the tract does not exceed 25% of the entire tract.
(d)
The balance of the tract (total tract minus lotted area and street rights-of-way) is permanently preserved as common open space which may be owned and maintained in any one, or a combination of several of the following ways which will be subject to approval by the Board of Supervisors:
[1]
Deed common open space to the Township.
[2]
Create a homeowners' association to own and maintain.
[3]
The common open space be owned by the Township but maintained by the homeowners’ association, with funds, as determined by the Board of Supervisors, for future maintenance of the open space being provided by the developer before dedication of public improvements. 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.
[Amended 12-9-2013 by Ord. No. 2013-06]
(e)
The nature, extent, location, and use of common open space shall be subject to approval by the Board of Supervisors and shall, as a minimum, meet the following requirements:
[1]
Common open space may consist of natural features, woodland or historic sites, floodplains, alluvial soils or high water table soils (wetlands), agricultural preservation, walking trails, other passive recreation, protection of other natural features, and resources, including those which the Board of Supervisors may determine "unique" to the area. Common open space must remain in its natural condition unless designed for active or passive recreation as delineated on the approved subdivision plan as outlined below.
[Amended 12-9-2013 by Ord. No. 2013-06]
[2]
Common open space, or a portion thereof, may be required to be provided with active recreational improvements as a condition for approval of the residential open space option. Common open space must remain in its natural condition unless designed for active or passive recreation as delineated on the approved subdivision plan as outlined below.
[Amended 12-9-2013 by Ord. No. 2013-06]
[3]
Common open space areas will be suitably landscaped either by retaining existing natural cover and wooded areas or by an approved comprehensive landscape plan, submitted with the preliminary and final plans, for improving open space areas through planting and other means in such a way that future maintenance costs are minimized.
[Amended 12-9-2013 by Ord. No. 2013-06]
[4]
The location, shape, topography and size of the common open space area shall be subject to approval by the Board of Supervisors and such land shall be in any acceptable condition before dedication of any public improvements in the subdivision or in lieu of such condition a bond for any improvements to the common open space necessitated by the open space option shall be furnished by the developer.
(f)
Nothing herein shall require the Township to accept dedication of common open space land. However, any property or portion of property, deeded to the Township, shall be retained for public use. Common open space shall be deed restricted to prevent any further subdivision and restrict the uses to those set forth herein.
(g)
All reductions in lot sizes below 50% of the applicable zoning district requirements shall comply with the following standards and all other applicable procedures and standards set forth in this ordinance:
[1]
For each 1% below 50% that the lot is reduced there shall be a corresponding 1 1/4% increase in the amount of open space required for the development.
[2]
In calculating density for developments that propose a reduction in lot size of more than 50%, the applicant shall first prepare a yield plan as defined in § 301.4 of the Zoning Ordinance. The number of lots shown on the yield plan shall be the permitted yield on the reduced size lot plan. In any event, the yield shall never be greater than that allowed under § 609.1.c(2) but may be reduced by natural features or other constraints.
[3]
At no time shall the lot reduction being sought exceed 80% nor shall the actual size of the lot be less than 10,000 square feet or have side yard setbacks less than 15 feet.
609.2
Area and bulk regulations. All lot width and yard requirements normally applicable to the tract of land may be waived, subject to the approval of the Board of Supervisors, provided that:
a.
Building height shall not exceed 2 1/2 stories or 35 feet, whichever is less.
b.
Yards facing adjacent properties along the tract boundaries shall meet all minimum yard requirements of the appropriate zoning district, except when adjacent tracts have previously been built upon, using the open space option, in which case, yard requirements of yards adjacent to tract boundaries may be reduced to the size used in adjacent built-up lots.
c.
Innovative layout of lots, siting of structures and architectural design is recommended to provide for the health and general welfare otherwise infringed upon through reduction in lot size and waiver of yard requirements. As part of any application for approval of an open space option proposal, the developer shall show siting of all structures within the subdivision, their setbacks from lot lines and percent coverage of the lot by impervious cover materials.
609.3
Design standards.
a.
Subject to approval by the Board of Supervisors, sidewalk requirements normally applicable to any subdivision may be waived in certain portions of the subdivision if a suitable pathway system, apart from the street right-of-way, is provided and serves all those dwelling units for which a sidewalk would normally be required.
b.
Subject to approval by the Board of Supervisors, minimum cartway width may be reduced on any street if:
(1)
Vehicular traffic has been suitably separated from pedestrian traffic.
(2)
Such reduction in cartway width allows for the passage of two vehicles in opposite directions with due allowance for any on-street parking that may be permitted on the street.
(3)
Adequate off-street parking has been provided in sufficient quantity to warrant such reduction.
(4)
Such reduction does not impede circulation of traffic, especially emergency vehicles.
§ 610 Helistops and heliports.
Helistops and heliports are permitted within the Township as a special exception subject to the following general requirements.
a.
Where permitted as an accessory use on the same lot with, and incidental to a use permitted in the particular zoning district, the heliport or helistop also shall comply with the area, coverage and yard requirements of the applicable zoning district, however, in no case shall any such landing surface be located closer than 300 feet from any residential district boundary line.
b.
The landing surface shall be paved and level, and shall be at least 60 feet square or in the case of a circle shall be at least 60 feet in diameter. A secondary thirty-foot perimeter area shall adjoin the landing surface, and, if not paved, shall contain a gravel or grass cover. Both the landing surface and secondary perimeter shall be well maintained and shall be kept dirt-free to preclude blowing dust or debris caused by other obstacles other than those required for safety purposes. Rooftop pads do not require this surface.
c.
The entire perimeter area shall be enclosed by a securable, well constructed fence, a minimum of four feet high, which will serve to prevent unauthorized entry into the landing area. Trees, shrubbery, and other landscaping and/or acoustical barrier where appropriate shall be provided in quantities and dimensions deemed necessary by the Planning Commission and Zoning Hearing Board to minimize offensive noise and to afford a softening of the visual impact of the landing area. Rooftop pads shall be excluded from these requirements.
d.
At least two approach lanes to each landing pad shall be provided and maintained free of obstructions and shall be located within 45° left or right of the prevailing winds of the landing pad to a width of 1,000 feet, and shall have a glide angle slope of eight to one measured from the outer edge of the pad.
e.
Clear areas for emergency landings of the helicopter in the event of mechanical failure shall be available. Such emergency landing areas shall be located within the normal glide range of the helicopter with one engine off when operating in the approved takeoff or landing lane.
f.
An application for a landing pad on a roof shall be accompanied by a certification by a registered engineer that the loads imposed by the helicopter will be supported by the structure.
g.
All fire and safety equipment provided in conjunction with a heliport or helistop shall be subject to the approval of the Township Fire Marshall.
h.
In reviewing any application for a heliport of helistop, the Zoning Hearing Board shall be guided by the standards of review included in § 903.5 hereof, and, in addition, may impose restrictions on hours of operation, lighting, noise levels, and flight altitude over residential areas, and such other requirements as may be appropriate and reasonable to protect the health, welfare, and safety of Township residents and their property.
i.
No permit shall be used for the construction of a heliport until the site plan has been approved by the Planning Commission.
j.
In addition to the requirements of the Township, any applicant for a heliport of helistop shall comply with the rules and regulations pertaining thereto of the Bureau of Aviation, Pennsylvania Department of Transportation and the Federal Aviation Administration. No permit for the use of a heliport or helistop shall be issued by the Township until the applicant has obtained an appropriate license for the operation thereof from the Bureau of Aviation, Pennsylvania Department of Transportation.
k.
It shall be unlawful for any person to land, discharge, load, or take off in a helicopter any place within the Township other than at a heliport or helistop which has been authorized in accordance with the foregoing provisions of this section, except:
(1)
In conjunction with a special event as an athletic contest, a holiday celebration, parade, or similar activity, after seven days advance notice has been given to the Township Manager and permission obtained to make such landing and takeoff.
(2)
When necessary for law enforcement purposes and for emergencies.
(3)
In connection with a construction project where a helicopter is to be used to lift equipment in connection with such a project.
§ 611 Conditional uses.
[Amended 10-14-1997 by Ord. No. 97-11]
Notwithstanding any other section or provision of this ordinance, with respect to any proposed use meeting the following criteria shall be permitted only by conditional use in accordance with the procedures and standards set forth in § 806 of this ordinance: |
b.
Any restaurant, tearoom, cafe, confectionery or other place serving food or beverages whether freestanding or occupying a portion of a building containing another use.
c.
Any nonresidential structure(s) on one lot that contain more than 40,000 square feet or have total combined parking space count of over 200.
d.
Any structure(s) on a lot used strictly for retail use with a combined size of 10,000 square feet or more.
[Amended 8-10-1998 by Ord. No. 98-13]
Any nonresidential development having three or more lots or three or more buildings on one lot shall have the option of having one conditional use hearing at which time a master concept plan with restrictive covenants would be approved. With the successful completion of this process, the developer would be exempted from individual conditional use hearings for each site or building as required by other sections of this ordinance as long as the site development plan is deemed to be in keeping with the master concept plan. As an alternative to a master conditional use hearing, the owner/developer may submit to the Township restrictive covenants in form and substance satisfactory to the Township in its sole discretion, which shall bind the subject property and development in perpetuity. The restrictive covenants shall be recorded against the subject property in the office of Recorder of Deeds of Chester County prior to preliminary land development approval. The restrictive covenants, at a minimum, shall include covenants and conditions necessary to ameliorate the impact of the proposed development and to satisfy the objective and subjective standards and criteria set forth in the Zoning Ordinance applicable to conditional uses in general and the proposed use specifically. The covenants may include conditions and safeguards, in addition to those expressed in the Zoning Ordinance, as the Township may deem necessary to implement the purposes of the Pennsylvania Municipalities Planning Code,[1] the Zoning Ordinance, and to protect the health, safety and welfare of, and prevent any financial or other burden on, the Township and its residents. All developments existing at the time of the adoption of this ordinance that have gone through the conditional use process and have master concept plan approval and restrictive covenants in place shall also be exempted from further conditional use hearings pursuant to this ordinance. [Amended 8-10-1998 by Ord. No. 98-13] |
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
§ 612 Historic preservation.
612.1
Intended purposes.
a.
To promote the general welfare by protecting the integrity of the historic resources of Uwchlan Township, especially those that are federal/state-certified.
[Amended 12-9-2013 by Ord. No. 2013-06]
b.
To establish a clear process by which proposed changes affecting historic resources are reviewed by Uwchlan Township.
[Amended 12-9-2013 by Ord. No. 2013-06]
c.
To mitigate the negative effects of proposed changes on historic resources.
d.
To encourage the continued use of historic resources and facilitate their appropriate reuse.
e.
To tailor protective measures to those clearly delineated historic resources in Uwchlan worthy of preservation.
f.
To encourage the preservation of historic settings and landscapes.
g.
To discourage the unnecessary demolition of historic resources.
612.2
General provisions.
a.
Compliance. Any alteration to an historic resource shown on the current Historic Resources Map and Inventory shall occur only in full compliance with the terms of this section and other applicable regulations.
[Amended 12-9-2013 by Ord. No. 2013-06]
b.
Historic preservation overlay district.
[Amended 12-9-2013 by Ord. No. 2013-06]
(1)
The Historic Resources Map shall be deemed an overlay on all zoning districts now or hereafter established to regulate the use of land in the Township.
(2)
For any historic resource, the requirements and opportunities contained in this section shall supplement the otherwise applicable requirements of the underlying zoning district.
(3)
If, due to legislative or administrative action, judicial decision, or any other reason, this overlay district is determined to not be applicable, zoning requirements and other regulations applicable to the property in question shall be those of the underlying zoning district, without consideration of this section.
c.
Preservation of other restrictions. It is not intended by this section to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this section imposes greater restrictions, the provisions of this section shall prevail.
612.3
Historic Resources Map and Inventory.
[Amended 11-10-2008 by Ord. No. 2008-04; 12-9-2013 by Ord. No. 2013-06]
a.
Adoption. The Historic Resources Map and Inventory, together with the classifications set forth in § 612.3.b and any explanatory material, is hereby adopted and incorporated by reference as part of this ordinance, together with any revisions approved in accordance with § 612.3.c. The Historic Resources Map and Inventory shall be on file in the Township administrative offices and shall be the final authority as to the designation and description of historic resources in the Township, regardless of any unofficial copies which may be made or published from time to time.[1]
[1]
Editor's Note: The Historic Resources Map and Inventory, and the Historic Resources Inventory List, are included as attachments to this chapter.
b.
Classifications. The Historic Resources Map and Inventory delineates the following classifications of the historic resources in Uwchlan Township, as defined below:
(1)
Class 1: historic buildings and structures certified by the Secretary of the Interior and listed by the National Park Service (NPS) on the National Register of Historic Places (NRHP).
(2)
Class 2 DOE-Eligible: buildings and structures (including those within the Lionville Historic District) part or all of which were built prior to 1900 and have received an approved determination of eligibility (DOE) by the NPS based upon the review and opinion of the Bureau of Historic Preservation (BHP) of the Pennsylvania Historical and Museum Commission (PHMC) and are listed as eligible for inclusion on the NRHP.
(3)
Class 3: buildings and structures part or all of which were built prior to 1900 that are included in the Historic Resources Map and Inventory and i) which are documented on a Pennsylvania historic resource survey form and retain local, state, or national significance per National Register criteria or for their local significance or ii) which meet two or more of the criteria listed below:
(a)
Associated with events that have made a significant contribution to the broad patterns of local, state or national history.
(b)
Associated with the lives of persons significant in local, state or national history.
(c)
Possess the distinctive characteristics of a type, period, or method of construction or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction.
(d)
Exhibit a high degree of original architectural integrity. This integrity should be judged in light of the architectural period best represented by the buildings and not conjecture on how the resource once appeared.
(e)
Yielded, or may be likely to yield, information important in history or prehistory.
(f)
Architecturally significant.
Please note: Though not classified, properties that contain buildings, sites, structures, and objects that are 50 to 80 years old and whose information has been recorded by the BHP but no evaluations have been conducted or completed, and are therefore listed as "undetermined," are listed and available at the Uwchlan Township Historical Commission. |
c.
Revisions. The Historic Resources Map and Inventory may be revised from time to time by administrative action of the Board of Supervisors.
(1)
In considering any revision, including additions, deletions, or changes of classification to the Historic Resources Map and Inventory, the Board may receive a written recommendation from the Uwchlan Township Historical Commission.
(2)
The owners of any property which is the subject of any such proposed administrative action shall be given written notice by the Zoning Officer at the order of the Board of Supervisors at least 10 days prior to the public meeting where the proposed administrative action is on the agenda.
d.
Historic resources inventory list. The Township shall maintain an updated list of resources shown on the Historic Resources Map and Inventory and their respective classifications.[2]
[2]
Editor's Note: The Historic Resources Inventory List is included as an attachment to this chapter.
612.4
Demolition (in whole or part) of historic resources.
[Amended 12-9-2013 by Ord. No. 2013-06]
a.
Demolition by neglect. No historic resource shall be demolished by neglect. Unoccupied structures should be tightly sealed and fenced off and the utilities turned off for safety.
b.
Demolition of historic resources by permit. The following procedure is established for the issuance of a permit for demolition of an historic resource in order to facilitate the purposes of this section and to allow for consideration of alternatives to the demolition of the historic resource by the owner of the resource:
(1)
Demolition permit. No historic resource shall be intentionally demolished, razed, or otherwise disturbed, eradicated or destroyed, in whole or in part, unless a permit is obtained from the Zoning Officer in accordance with the procedures and requirements of this section and other applicable standards and procedures of Township ordinances and codes. Except as provided in § 612.4.b(3) hereinbelow, the Zoning Officer shall not make a decision on an application for a demolition permit for an historic resource until issuance of the recommendation of the Board of Supervisors as required by this section.
(2)
Removal of existing significant exterior architectural features. Demolition, for purposes of the foregoing permit requirements, shall include the removal of any existing significant exterior architectural features on an historic resource if such features are identified as such on a National Register nomination or Pennsylvania historic resources survey form or so deemed by the Zoning Officer.
(3)
Preapplication meeting required. A meeting between the applicant and the Zoning Officer shall be required prior to the official submittal of a demolition permit application. The purpose of this meeting is to foster communication about the demolition proposal and possible alternatives for the resource in question. The Zoning Officer shall inspect the interior and exterior of the resource with the applicant. If the Zoning Officer determines that the resource appears to be structurally sound as a whole, the applicant shall follow the procedure set forth hereinbelow. If the Zoning Officer determines that the resource is structurally defective to a degree that the structure is in danger of collapse or is a threat to public safety, the Zoning Officer may issue the demolition permit without compliance with the procedures set forth hereinbelow.
(4)
Application requirements for the demolition, in whole or part, of historic resources. In addition to applicable requirements under the Township Building Code, any applicant seeking a permit to demolish, in whole or part, an historic resource shall provide the following with regard to that historic resource:
(a)
Name of legal and equitable owner of record.
(b)
Classification on Historic Resources Map and Inventory.
(c)
Measured site plan showing the locations, dimensions, use and height of all buildings and structures on the lot on which the historic resource is located in relation to lots lines, roadways, and natural features.
(d)
Photographs of the historic resource proposed for demolition depicting its appearance at the time of application. Photographs of historic buildings or structures must include each exterior elevation.
(e)
Detailed reasons for the proposed demolition.
(f)
Method of proposed demolition.
(g)
Future uses of the site and of the materials from the historic resource proposed for demolition.
(h)
Consideration of the potential for the presence of significant archaeological resources.
(i)
Explanation of the uses for the historic resource which the applicant has considered prior to, or instead of, demolition.
(5)
Application. The applicant shall submit three copies of an application for a demolition permit involving an historic resource with all of the aforesaid information to the Zoning Officer. The Zoning Officer may forward the complete application to the Historical Commission for review, and to the Planning Commission for its information, but shall reject and return an incomplete application. The time periods for review and decision under this section shall not commence until the Zoning Officer notifies the applicant, in writing, that a complete application has been accepted for filing and the date of filing.
(6)
Review by Historical Commission. If the application is sent to the Historical Commission, within 30 days of receipt of the application from the Zoning Officer the Historical Commission, at a regular or special meeting, shall review the application for demolition. The applicant shall be notified, in writing, of such meeting at least 10 days prior to its date and shall have the opportunity to present reasons for filing the application and such other relevant information as the applicant desires.
(7)
Recommendation by the Historical Commission. The Historical Commission shall, after conducting the meeting as aforesaid, make a recommendation to the applicant and the Board of Supervisors, and Zoning Officer with a copy to the Planning Commission, within 15 days of the meeting date as to whether the historic resource should be demolished as requested by the applicant or, in the alternative, as to uses for the historic resource that should be considered or other actions that could be taken by the applicant or the Board of Supervisors to promote the preservation of the historic, cultural, educational, and other values represented by the historic resource.
(8)
Board of Supervisors recommendation.
(a)
Within 60 days of the date of filing of the application under § 612.4.b(5), the Board of Supervisors shall consider the application, together with the comments of the applicant and the recommendations of the Historical Commission, if any, and render a decision to either recommend to the Zoning Officer approval or denial of the application or defer its decision for up to 60 days and require that the applicant prepare a financial analysis containing the information required by § 612.4.b(9) hereinbelow.
(b)
If the applicant is directed to prepare a financial analysis, the sixty-day deferral period above shall be extended a period of 30 additional days after the complete submission of the financial analysis is delivered to the Township.
(c)
The applicant shall be notified of the Board of Supervisors meeting at which the application for demolition is to be considered at least 10 days prior to the date of the meeting and shall have the opportunity to present the applicant's reasons for demolishing the historic resource and filing the application. Within five days of making its decision, the Board of Supervisors shall provide written communication of its decision to the applicant and Zoning Officer.
(d)
Nothing herein shall be deemed to limit the authority of the Zoning Officer to deny a permit for:
(9)
Financial analysis for the demolition of an historic resource. The Board of Supervisors may require an applicant to submit a financial analysis prepared by qualified professionals in historic preservation, planning, finance, appraisal and related disciplines, which shall be verified as true and correct by the applicant and the professionals, which shall include at least the following:
(a)
Amount paid for property, date of purchase and party from whom purchased, including a description of the relationship, whether business or familial, if any, between the owner and the person from whom the property was purchased.
(b)
Assessed value of the land and improvements thereon according to the most recent county real estate tax assessment.
(c)
Financial information for the previous two years, which shall include, at a minimum, annual gross income from the property, itemized operating and maintenance expenses, real estate taxes, annual debt service, annual cash flow, the amount of depreciation taken for federal income tax purposes, and other federal income tax deductions produced.
(d)
Cost of restoration for permitted uses pursuant to existing zoning.
(e)
An appraisal of the fair market value of the property in its existing condition and the estimated fair market value after restoration for permitted uses pursuant to existing zoning.
(f)
An analysis of the economic viability of the property for sale or rental as it exists and after restoration.
(g)
Bona fide offers to purchase or rent the property, including asking price and offers received.
(h)
Any consideration by the applicant as to economical adaptive uses for the property.
(10)
Issuance or denial of demolition permit. Where the Board of Supervisors recommends approval of the application for the demolition permit, the Zoning Officer shall issue the demolition permit to the applicant (provided all other ordinance and code requirements of the Township have been satisfied). Where the Board of Supervisors recommends denial of the demolition permit, the Board of Supervisors shall state the recommended measures for the preservation or adaptive use of the historic resource. The Board of Supervisors shall state the reasons why a demolition permit was approved or denied. The applicant's failure to comply with any requirement of this section shall be sufficient reason for a Board recommendation of denial of a demolition permit and denial of the permit by the Zoning Officer. Such permit approval or denial action shall be taken by the Zoning Officer within 10 days after the decision of the Board of Supervisors.
(11)
The Board of Supervisors may recommend denial of a demolition permit for an historic resource if the applicant does not demonstrate, through the financial analysis or otherwise, that the sale or rental of the historic resource cannot provide a reasonable rate of return and that other potential uses of the property authorized by the Zoning Ordinance, and specifically this section, which would provide a reasonable rate of return, are not possible.
(12)
Documentation required. Prior to issuance of the demolition permit, the Township may require that the applicant/owner document the historic resource proposed for demolition. Such documentation may include photographs, floor plans, measured drawings, archeological survey or other form of documentation necessary to adequately record the history and architectural features of the historic resource. The Township may also require that the applicant/owner remove, preserve, and donate to the Township exterior and interior architectural features or elements of the historic resource.
(13)
Appeal. Appeal of any action of the Zoning Officer under this section shall be to the Zoning Hearing Board in accordance with applicable provisions of the Municipalities Planning Code and the Zoning Ordinance.
612.5
Standards for rehabilitation.
[Amended 12-9-2013 by Ord. No. 2013-06]
a.
Secretary of the Interior's standards for rehabilitation. Any proposed rehabilitation, alteration, or enlargement of a Class 1 and 2 historic resource should be in substantial compliance with the Secretary of the United States Department of the Interior's most recent "Standards for Rehabilitation." The Standards for Rehabilitation from a 2011 Department of the Interior publication titled such are listed below:
(1)
A property will be used for its intended historic purpose or be placed in a new use that requires minimal change to the defining characteristics of the building and its site and environment.
(2)
The historic character of a property will be retained and preserved. The removal of historic materials or alteration of features, and spaces that characterize a property will be avoided.
(3)
Each property will be recognized as a physical record of its times, place and use. Changes that create a false sense of historical development, such as adding conjectural features or architectural elements from other buildings, will not be undertaken.
(4)
Most properties change over time; those changes that have acquired historic significance in their own right will be retained and preserved.
(5)
Distinctive features, finishes, and construction techniques or examples of craftsmanship that characterize an historic property will be preserved.
(6)
Deteriorated historic features will be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature will match the old in design, color, texture, and other visual qualities and, where possible, materials. Replacement of missing features will be substantiated by documentary, physical, or pictorial evidence. Should replacement or repair costs be prohibitive, a reasonable facsimile may be approved.
(7)
Chemical or physical treatments, such as sandblasting, that cause damage to historic materials shall not be used. The surface cleaning of structures, if appropriate, will be undertaken using the gentlest means possible.
(8)
Significant archeological resources affected by a project will be protected and preserved in place. If such resources must be disturbed, mitigation measures will be undertaken.
(9)
New additions, exterior alterations, or related new construction will not destroy historic materials that characterize the property. The new work shall be differentiated from the old and will be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the property and its environment.
(10)
New additions and adjacent or related new construction will be undertaken in such a manner that, if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired.
b.
Compliance. Final determinations of compliance with these standards shall be made by the Board of Supervisors.
612.6
Historic resource impact study.
[Amended 12-9-2013 by Ord. No. 2013-06]
a.
Applicability. An historic resource impact study, or any applicable portions thereof, may be required, unless waived or modified, by the Board of Supervisors or Zoning Hearing Board when any of the following are proposed:
(1)
Subdivision or land development plans which will lead to the new construction of buildings, structures, roads, driveways, parking areas, etc., adjoining an historic resource, whether on the same or adjacent property.
(2)
Subdivision or land development plans which propose adaptive reuse or demolition, in whole or part, of an historic resource.
(3)
General bridge or road construction or substantial repair adjoining an historic resource whether on the same or adjacent property.
b.
When required, the historic resource impact study shall be prepared by a qualified professional in historic preservation, historical architecture, planning or related disciplines and should contain the following background information, if not otherwise provided by the applicant, including such items as: a site description, classification and general description, photographs, and narrative description of the historical development of all historic resources located on the subject tract. Any proposed change, including a general description of project with time table or phases, if known, and measures to mitigate any impacts. The applicant shall implement the mitigative measures proposed in the study.
612.7
Special use provisions.
[Added 12-9-2013 by Ord. No. 2013-06]
a.
Additional use opportunities. In addition to the uses permitted by right, special exception, or conditional use in the zoning districts specified in Article 5 of the Zoning Ordinance, historic resources may be entitled to the additional use opportunities shown below. These use opportunities shall be available in addition to any use currently being made of the property where the historic resource is located, subject to the standards and procedures contained in applicable sections of this chapter and the additional requirements set forth below. The additional use must be located within a building which is designated as an historic resource.
Zoning Districts | |||||||||
|---|---|---|---|---|---|---|---|---|---|
Uses | RA | RR | R-1 | R-2 | PC | PC-2 | PIC | PI | |
Dwelling, single-family | — | — | — | — | BR | BR | BR | CU | |
Home occupation, § 612.7.c below | — | — | — | — | BR | BR | BR | CU | |
Residential conversions, § 612.7.e below | CU | CU | CU | CU | CU | CU | CU | CU | |
Professional or business offices | NP | NP | NP | NP | — | — | — | CU | |
Cultural studio | NP | NP | NP | NP | CU | CU | CU | CU | |
Cultural facility | NP | NP | NP | NP | CU | CU | — | CU | |
Guesthouse, as accessory, § 612.7.f below | CU | CU | CU | CU | CU | CU | CU | CU | |
Bed-and-breakfast, § 612.7.g below | CU | CU | CU | CU | CU | CU | CU | CU | |
Inn | NP | NP | NP | NP | BR | BR | CU | CU | |
Restaurant, tearoom, cafe, confectionery | NP | NP | NP | NP | — | — | CU | CU | |
Combination of permitted uses | NP | NP | NP | NP | CU | CU | CU | CU | |
Key for chart: | |||
|---|---|---|---|
BR | = | By right | |
CU | = | Conditional use | |
NP | = | Not permitted | |
— | = | Already available in base district | |
b.
Design standards. The following design standards shall apply, except where specifically noted to the contrary in the subsections below, to any of the additional use opportunities specified in § 612.7.a above. Compliance with all other sections of this chapter, including, in particular, "Screening" (§ 608), "Lighting" (§ 615), "Off-street parking and loading" (§ 607) and "Signs" (§ 606), shall be required as applicable.
(1)
Buildings may not be enlarged for residential conversions. For the remaining additional use opportunities shown in § 612.7.a, no historic resource may be enlarged on the sides of the structure beyond what is minimally necessary to accommodate the additional use and permitted by the applicable zoning district. As a guideline, no historic resource should be enlarged by more than 50% of its existing footprint to utilize these opportunities.
(2)
Unless otherwise specified in § 612.7.c through g hereinbelow, any rehabilitation, alteration, or enlargement of an historic resource to utilize the opportunities listed in § 612.7.a should be in substantial compliance with the standards contained in § 612.5.a.
(3)
Plans for any rehabilitation, alteration or enlargement deemed necessary by the applicant to utilize any of the opportunities listed in § 612.7.a shall be submitted to the Zoning Officer for review with the building permit, conditional use, special exception or land development application as applicable. Such plans shall be in sufficient detail to allow the Township to determine the plan's level of compliance with the standards contained in § 612.5.a.
(4)
Within the applicable time period prescribed for final Township decisionmaking, the Zoning Officer shall review the plans for compliance with the standards and guidelines in § 612.5.a and shall submit his/her findings in a written report to the applicant. The report shall indicate what specific changes in the plans are necessary to bring them into substantial compliance.
(5)
In any case where the proposed use is permitted only as a conditional use, as provided in § 612.7.a, the Board of Supervisors, may deny the request for additional use or uses where it determines that the degree of noncompliance with the standards and guidelines in § 612.5.a is unacceptable and destructive to the integrity of the historic resource.
(6)
Where the additional use opportunity listed in § 612.7.a is available only by conditional use, landscaping must be provided in accordance with § 612.9. In residential districts, utilization of an additional use opportunity specified in § 612.7.a requires compliance with the standards in §§ 602.1 and 603.
c.
Home occupations. In conjunction with the residential use of a property, a home occupation may be located in any historic resource on a particular property, but there shall be no more than one home occupation per structure. In addition to the standards for home occupations contained in § 602 and the general design standards in § 612.7.b, home occupations placed in historic resources must comply with these additional requirements:
(1)
Any rehabilitation, alteration or enlargement of an historic resource (other than the principal dwelling) to accommodate the home occupation must be in substantial compliance with the standards contained in § 612.5.a.
d.
Restaurant, tearoom, cafe, confectionery. As specified in § 612.7.a, a restaurant, tearoom, cafe, or confectionery may be located in an historic resources by conditional use, provided the following are adhered to in addition to those standards in § 612.7.b.
(1)
In a residential district, the historic resources must be located on a lot not less than four acres. In all other cases, the base zoning district lot size shall apply.
(2)
There shall be no paving within 50 feet of the side and rear lot lines.
(3)
Lighting shall be in accordance with § 615 and any additional requirements of the Board of Supervisors.
(4)
Signs shall be in accordance with § 606.
e.
Residential conversions. As specified in § 612.7.a, the conversion of any historic resource into residential use by conditional use must comply with the following requirements in addition to § 612.5.a, the criteria in § 612.8 below, and the general design standards in § 612.7.b:
(1)
Site and architectural plans for the conversion of the building shall be submitted, together with an application for a conditional use.
(2)
Such plans shall provide adequate and suitable parking or storage space for at least three automobiles per dwelling unit.
(3)
Required parking spaces shall be located between the building and the required minimum yard areas, and provided parking shall be prohibited in the front yard.
(4)
The lot area per dwelling unit shall not be reduced to less than the lot area required for the residential zoning district in which such lot is situated. For nonresidential zoning districts, the lot area per dwelling unit shall not be reduced to less than 20,000 square feet per dwelling unit, provided that the property is served by public sewer and water.
(5)
The applicable area and bulk requirements of the underlying zoning district shall be met.
(6)
There shall be no external alteration of the building except as provided herein and as may be necessary for reasons of safety; fire escape and outside stairways shall, where practicable, be located to the side or rear of the building.
(7)
The resulting dwelling units shall have a minimum floor area of 500 contiguous square feet.
f.
Guesthouse, as an accessory dwelling. As specified in § 612.7.a, historic resources may be used as guesthouses if more than one historic resource exists on a property. Utilization of this additional use opportunity shall be contingent upon compliance with the general design standards contained in § 612.7.b and these additional requirements:
(1)
No guest, individual or family may stay longer than 90 consecutive days during any consecutive period of 180 days.
(2)
Any other amenities shall be for the benefit of guests only; no walk-in trade shall be permitted.
(3)
A minimum of two off-street parking spaces, in addition to those required for the principal dwelling units, shall be provided.
g.
Bed-and-breakfast. As specified in § 612.7.a, historic resources may be used as a bed and breakfast. Utilization of this additional use opportunity shall be contingent upon compliance with the general design standards in § 612.7.b and these additional requirements:
(1)
No guest, individual or family may stay longer than 90 consecutive days during any consecutive period of 180 days.
(2)
There shall be no separate kitchen or cooking facilities in any guest room. Meals shall be served to guests only.
(3)
Any other amenities shall be for the benefit of guests only; no walk-in trade shall be permitted.
(4)
For each room, a minimum of one off-street parking space, in addition to those required for the primary dwelling units, shall be provided.
612.8
Integrity of historic setting.
a.
The subdivision or land development of a lot that contains an historic resource shall be accomplished in such a manner that the resulting lot that will contain the resource is large enough to preserve the integrity of the historic setting of the resource. A goal of the Township shall be to preserve outbuildings, significant site features and immediate yard areas significant to the resources on the lot with the resource.
b.
The size and configuration of the subdivided lot shall depend upon the class of the historic resource and the natural characteristics and the landscaping of the subdivided lot and adjacent lots. Lot boundaries shall, in general, conform to the lines of identifiable natural features, including landscaping, topography, geology, lot configuration, etc., on the site. Site development shall be based, in general, upon § 612.5. Review and recommendations regarding the resource, its subdivided lot, and the proposed land developments may be made by the Zoning Officer to the Planning Commission and the Board of Supervisors. The Board may require that a lot size be increased above the minimum lot size for the underlying zoning district in which the resource is located.
612.9
Landscaping.
a.
Applicability. In addition to applicable buffering requirements under § 608 of this ordinance, a landscape plan for the grounds surrounding an historic resource may be required by the Board of Supervisors when a tract proposed for subdivision or land development contains an historic resource and when such historic resource is proposed for use by conditional use.
b.
Landscape plan. The plan must be prepared by a landscape architect or a qualified nursery and show all pertinent information, including the location, size and species of all individual trees and shrubs to be planted or preserved. Through screening, buffering and selection of plant material, the plan should strive to protect the integrity of the setting, including any historic plant material.
c.
Review by Zoning Officer. The landscape plan will be reviewed for appropriateness and effect by the Zoning Officer within the applicable time periods prescribed for Township decisionmaking on the application. The Zoning Officer shall set forth his/her comments in a written report.
612.10
Residential open space option and planned single-family development.
[Added 12-9-2013 by Ord. No. 2013-06]
a.
In developments proposing to use the residential open space option and planned single-family development in accordance with §§ 609 and 613, one additional lot may be created in excess of the maximum number of lots otherwise permissible under the terms of this chapter where such lot will contain an historic resource to be preserved as part of the development plan.
§ 613 Planned single-family development.
613.1
Purpose. The intent of this provision is to allow for the high quality lot layout, planning and landscape design for single-family residential subdivision in the R-1 District, where, in exchange for the provision of common open space, the required area and dimensional specifications shall be reduced, resulting in the creation of attractive open space, preservation of desirable natural features and the provision of creative and practical designs in lot layout, street alignment and building orientation. In order to comply with the intent of the ordinance, the developer shall be required to submit information pertaining to his personal experience in real estate development to include all corporations now or formerly in existence in which the developer exercised substantial control. Developer also shall submit proof of financial responsibility showing evidence of his present financial condition to include existing or proposed credit sources, all of which to prove the ability to acquire sufficient funds for the completion of the proposed development.
613.3
Permitted uses in planned single-family development.
a.
Single-family detached dwellings.
b.
Noncommercial recreation facilities.
c.
Open space (common).
d.
Accessory uses.
e.
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.
613.4
Area and bulk regulations.
Minimum lot size: 8,000 square feet. | |
Average lot size: 15,000 square feet. | |
Maximum density: 2.5 dwelling units per acre. |
Lots 8,000 to 15,000 square feet | Lots 15,001+ square feet | ||
|---|---|---|---|
Minimum lot width at curbline | 40 feet | 50 feet | |
Minimum lot width at building line | 80 feet | 100 feet | |
Minimum side yards | 15 feet | 15 feet minimum/ 40 feet aggregate | |
Minimum rear yards | 25 feet | 35 feet | |
Building height | 35 feet maximum (2 1/2 stories) | 35 feet maximum (2 1/2 stories) | |
Maximum lot coverage: | |||
Building coverage | 25% | 20% | |
Impervious coverage | 40% | 35% | |
Minimum front yard1 | 30 feet2 | 35 feet |
1 | Front yard variation: Along straight sections of roads not more than four homes shall have the same setback; where varied setbacks are utilized, the difference shall be at least five feet. Lots which are to have the increased setbacks shall be noted and so restricted on the final subdivision plan. |
2 | Garage may encroach five feet to a minimum setback of 25 feet. |
613.5
Open space.
A minimum of 15% of open space shall be provided. | |
The nature, extent, location and use of common open space shall be subject to approval by the Board of Supervisors and shall, as a minimum, meet the following requirements: |
a.
There shall be governing documents for the development that 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. These provisions shall be in a form acceptable to the Board of Supervisors. The developer shall either:
[Amended 12-9-2013 by Ord. No. 2013-06]
(1)
Dedicate such land to public use of the Township or other public agency that has indicated it will accept such dedication;
(2)
Provide for and establish one or more organizations for the ownership and maintenance of the common open space; or
(3)
Other arrangement agreeable to both the developer and Board of Supervisors.
b.
Common open space shall not be merely leftover or unusable land; it must be usable and accessible for either active or passive recreation. Common open space must remain in its natural condition unless designed for active or passive recreation as delineated on the approved subdivision plan.
[Amended 12-9-2013 by Ord. No. 2013-06]
c.
Common open space areas will be suitably landscaped either by retaining existing natural cover and wooded areas or by an approved comprehensive landscape plan prepared by a registered landscape architect and submitted with the preliminary and final plans, designed to improve open space areas through planting and other means in such a way that future maintenance costs are minimized.
[Amended 12-9-2013 by Ord. No. 2013-06]
d.
The minimum size of any single parcel of open space shall be three acres except that at the discretion of the Supervisors, a smaller parcel shall be permitted if such smaller parcel is necessary for an improved site design or for topographic reasons. Further, the location, shape and topography of the open space shall be subject to approval by the Board of Supervisors and such land shall be in an acceptable condition before any building permit is issued for the next phase of development.
613.6
Sidewalks and streets.
a.
Subject to approval by the Board of Supervisors, minimum cartway width may be reduced on culs-de-sac if:
(1)
Vehicular traffic has been suitably separated from pedestrian traffic.
(2)
Such reduction in cartway width allows for the passage of two vehicles in opposite directions with due allowance for any on-street parking that may be permitted on the cul-de-sac.
(3)
Adequate off-street parking has been provided in sufficient quantity to warrant such reduction. This shall be accomplished by creating a driveway that accommodates vehicles side by side.
(4)
Such reduction does not impede circulation of traffic, especially emergency vehicles.
613.7
Submission and review procedure.
a.
Sketch plan submission. Subsequent to preapplication conference, applicant shall submit a sketch plan in accordance with the Subdivision and Land Development Ordinance.
b.
Preliminary plan submission. Once applicant and Township are satisfied with basic concept and ordinance compliance, the applicant shall submit a preliminary plan in accordance with the Subdivision and Land Development Ordinance, § 304.
(1)
Township will send copies of preliminary plan to all proper reviewing agencies for comments and plan will be discussed at public meeting or meetings as may be required.
(2)
Applicant shall deal with any changes, alterations or modifications that may be recommended by the Board of Supervisors or any reviewing agency.
c.
Public hearing for conditional use. Before the approval of the preliminary plan, the Board of Supervisors shall schedule a public hearing per § 806 of this ordinance to discuss the applicant's proposal.
d.
Final plan. In the event that the applicant receives conditional use approval and preliminary plan approval, they may then submit a final plan in accordance with the Subdivision and Land Development Ordinance.
(1)
At the discretion of the Board of Supervisors, depending upon size of the tract involved and possible development over a number of years, the applicant may submit a final plan in stages.
(2)
Submittal of the final plan in stages will not require the applicant to make any additional changes as long as the final plan is in accordance with the preliminary plan. The preliminary plan will stand as a plan of record as long as no substantial changes are made.
§ 614 Environmental Impact Assessment report.
An Environmental Impact Assessment report shall be submitted for any subdivision or land development in accordance with the Uwchlan Township Subdivision and Land Development Ordinance.
§ 615 Lighting.
[Added 7-12-1999 by Ord. No. 99-07; amended 10-22-2009 by Ord. No. 2009-04; 12-9-2013 by Ord. No. 2013-06]
615.1
Purpose:
a.
To establish minimum standards for outdoor lighting to:
(1)
Provide lighting in outdoor public places where public health, safety and welfare are potential concerns.
(2)
Protect drivers and pedestrians from the glare of nonvehicular light sources that shine into their eyes and thereby impair safe traverse.
(3)
Protect neighbors and the night sky from nuisance glare and stray light from incorrectly aimed, placed, applied, maintained or shielded light sources.
(4)
Promote energy-efficient lighting design and operation.
(5)
Protect and retain the intended visual character of the various Township venues.
615.2
Applicability.
a.
Where required or permitted by the Zoning Ordinance or other Township ordinances or requirements, outdoor lighting shall be provided for safety and personal security in areas of public assembly and traverse; including but not limited to the following: multifamily residential, commercial, industrial, public-recreational and institutional uses.
b.
The Board of Supervisors may require lighting to be incorporated for other uses or locations, as it deems necessary.
c.
The glare-control requirements herein contained apply to lighting in all above-mentioned uses as well as, but not limited to, sign, architectural, landscaping and residential lighting.
d.
Temporary seasonal decorative lighting is exempt from all but the glare-control and other safety requirements of this ordinance.
e.
Emergency lighting, as may be required by any public agency while engaged in the performance of its duties, is exempt from the requirements of this ordinance.
f.
If, in the judgment of the Board of Supervisors, the International Green Construction Code (IGCC) negatively impacts the health, safety, and welfare of this ordinance, the requirements of adjoining or nearby properties or the general public.
615.3
Criteria.
a.
Illumination levels.
(1)
Lighting, where required by this ordinance, shall have intensities and uniformity ratios in accordance with the current recommended practices of the Illuminating Engineering Society of North America (IES) as contained in the current IES Lighting Handbook or recommended practices.
b.
Lighting fixture design.
(1)
Fixtures shall be of a type and design appropriate to the lighting application and aesthetically acceptable to the Board of Supervisors.
(2)
For lighting predominantly horizontal tasks, such as roadways, pathways, vehicular and pedestrian passage areas, merchandising and storage areas, automotive-fuel-dispensing facilities, automotive sales areas, loading docks, cul-de-sacs, active and passive recreational areas, building entrances, sidewalks, bicycle and pedestrian paths, site entrances, and parking areas, fixtures shall meet IES “full cutoff” criteria or “fully shielded” criteria. Fixtures with an aggregate lamp output not exceeding 500 lumens, e.g., the rated output of a nondirectional forty-watt incandescent or ten-watt compact fluorescent lamp, are exempt from the requirements of this subsection.
(3)
For predominately nonhorizontal surfaces, the use of floodlighting, spotlighting, wall-mounted fixtures, decorative globes and other fixtures not meeting IES "full cutoff" or "fully shielded" criteria shall be permitted only with the approval of the Board of Supervisors or its designee, based upon acceptable glare control. Fixtures with an aggregate lamp output not exceeding 500 lumens, e.g., the rated output of nondirectional six-watt LED, forty-watt incandescent, or ten-watt compact fluorescent, are exempt from the requirements of this subsection.
[Amended 6-13-2022 by Ord. No. 2022-03]
(4)
Fixtures shall be equipped with or be capable of being back-fitted with light directing devices such as shields, visors or hoods when necessary to redirect offending light distribution.
c.
Control of nuisance and disabling glare.
(1)
All outdoor lighting, whether or not required by this ordinance, on private, residential, commercial, industrial, municipal, recreational or institutional property, shall be aimed, located, designed, fitted and maintained so as not to present a hazard to drivers or pedestrians by impairing their ability to safely traverse, i.e., disabling glare, and so as not to create a nuisance by projecting or reflecting objectionable light onto a neighboring use or property, i.e., nuisance glare.
(2)
Floodlights and spotlights, when permitted, shall be so installed or aimed that they do not project their output into the windows of neighboring residences, adjacent uses, directly skyward or onto a roadway.
(3)
Parking facility and vehicular and pedestrianway lighting (except for safety and security applications and all-night business operations), for commercial, industrial and institutional uses shall be automatically extinguished no later than 1/2 hour after the close of business or facility operation. When safety or security lighting is proposed for after-hours illumination, it shall not be more than 25% of the number of fixtures or illumination level required or permitted for illumination during regular business hours. When it can be demonstrated to the satisfaction of the Township that an elevated security risk exists, e.g., a history of relevant crime, an appropriate increase above the 25% limit may be permitted.
(4)
Fixtures shall be automatically controlled through the use of a programmable controller with battery power-outage reset, which accommodates daily and weekly variations in operating hours, annual time changes, and seasonal variations in hours of darkness operation. The use of photocells is permitted when in combination with the programmable controller to turn fixtures on at dusk and also for all-night safety/security dusk-to-dawn fixture operation when such lighting is specifically approved by the Township. The use of motion detectors is permitted as long as the fixture extinguishes after two minutes of the initial illumination.
(5)
Vegetation screens shall not be employed to serve as the primary means for controlling glare. Rather, glare control shall be achieved primarily through the use of such means as cutoff fixtures, shields and baffles, and appropriate application of fixture mounting height, wattage, aiming angle and fixture placement.
(6)
The illumination projected from any use onto a residential use shall at no time exceed 0.1 footcandle, measured at line-of-sight at any time and from any point on the receiving residential property.
(7)
Except as permitted for certain recreational lighting and permitted elsewhere in this § 615.3.c(7), fixtures shall not be mounted in excess of 20 feet of finished grade of the surface being illuminated. Fixtures not meeting full cutoff criteria when their use is specifically allowed by the Township shall not be mounted in excess of 16 feet above finished grade. “Mounting height” shall be defined as the distance from the finished grade at the base of the fixture to the optical center of the fixture. Where parking lots consist of 100 or more contiguous spaces, the Township may, at its sole discretion, based partially on mitigation of off-site impacts, allow a fixture mounting height not to exceed 25 feet above finished grade. For recreational lighting maximum mounting height requirements, refer to § 615.5 of this ordinance.
(8)
Only the United States and the Commonwealth of Pennsylvania flags shall be permitted to be illuminated past 11:00 p.m. Flag lighting sources shall not exceed 7,000 aggregate lamp lumens per flagpole. The light source shall have a beam spread no greater than to illuminate the flag and shall be shielded so the light source (lamp or reflector) is not visible at normal viewing angles of the flag.
(9)
Under-canopy lighting for such applications as gas/service stations, hotel/theater marquees, fast-food/bank/drugstore driveups shall be accomplished using flat-lens, full-cutoff fixtures aimed straight down and shielded in such a manner that the lowest opaque edge of the fixture shall be below the light source and its light-directing surfaces, at all lateral angles around the fixture. The average maintained illumination in the area directly below the canopy shall not exceed 20 initial footcandles, with no value exceeding 30 footcandles.
(10)
Fixtures used for architectural lighting, e.g., facade, fountain, feature and landscape lighting, shall be designed, fitted and aimed so as not to project their output beyond the objects intended to be illuminated.
(11)
Correlated color temperature luminaires specified to contain LED sources shall have correlated color temperatures (CCTs) that do not exceed a rating of 3000K. For special lighting applications where the objects to be illuminated require more accurate color rendition, the Township may, at its sole discretion, permit 4000K sources, but in no case shall the correlated color temperature be permitted to exceed 4000K. This requirement shall also apply to existing luminaires with legacy sources (e.g., HPS and metal halide) that are or are to be converted with LED sources.
[Added 6-13-2022 by Ord. No. 2022-03]
d.
Installation.
(1)
Electrical feeds for lighting standards shall be run underground, not overhead.
(2)
Poles supporting fixtures for the illumination of parking areas and located within the parking area or directly behind parking spaces, or where they could be hit by snow plows or wide-swinging vehicles, shall be suitably protected by being placed a minimum of five feet outside of paved areas or tire stops or placed on concrete pedestals at least 30 inches high above the pavement or suitably shielded by steel bollards or suitably protected by other Township-approved means.
f.
Permitting; specifications. The lighting of new or existing signs, or the replacement of fixtures for existing signs, whether from internal or exterior lighting source, shall require a building permit and shall comply with all applicable requirements of this ordinance and the following requirements:
(1)
Externally illuminated billboards and signs shall have fixtures mounted at the top of the billboard or sign and aimed downward. The fixtures shall be designed, fitted and aimed to shield the lamp and its reflective surfaces from direct off-site view and to place the light output onto and not beyond the sign or billboard. Lighting shall be linear fluorescent unless it can be demonstrated to the satisfaction of the Township that equal or superior results with respect to glare, light trespass and light pollution control can be achieved with an alternative source.
(2)
Channel letter signs shall have dimming capability to allow for adjustment of sign brightness when required by the Township to accommodate local ambient conditions.
(3)
Illumination of billboards shall be permitted only in the PIC and PCID Districts, provided that illumination of billboards whose illuminated surface is visible from a residential use within 400 feet of the billboard shall not be permitted.
(4)
Illumination of billboards and signs shall be extinguished automatically by a programmable controller, with an astronomical and semiannual time change control and spring or battery power-outage reset, by no later than 11:00 p.m. each evening until dawn, except that signs for establishments open to the general public (e.g., restaurants, retail stores) that operate or remain open past 11:00 p.m. may remain lighted no later than 1/2 hour past the time of the close of the establishment.
(5)
Rotating, traveling, pulsing, flashing or oscillating light sources, lasers, beacons, searchlights or strobe lighting shall not be permitted.
(6)
LED billboard and sign lighting shall only be permitted in the PIC, PCID and PI Commercial and Industrial Districts, shall be static, shall not be allowed to operate between the hours of 11:00 p.m. and dawn when located where visible from a residential district or use, and shall not be located within 1,000 feet of an intersection, interchange or traffic-merging lane. Except for time and weather signs, the digital message shall not be permitted to change more than once every 1/2 hour. During hours of darkness, the LED output shall be automatically reduced to a brightness level that does not create glare, i.e., 150 cd/m2. The sign or billboard brightness shall be capable of being further dimmed if the Township requires a reduction in brightness when the lighting is judged to be a nuisance or hazard.
615.4
Residential development fixture placement.
a.
If required streetlighting fixtures in residential developments shall be placed at the following locations:
(1)
At the intersection of public roads with entrance roads to the proposed development.
(2)
Intersections involving proposed public or nonpublic major-thoroughfare road within the proposed development.
(3)
The apex of a curve of any major thoroughfare road, public or nonpublic, within the proposed development, having a radius of 300 feet or less.
(4)
Cul-de-sac bulbs.
(5)
Terminal ends of center median islands having concrete structure curbing, trees and/or other fixed objects not having breakaway design for speeds of 25 mph or greater.
(6)
Defined pedestrian crossings located within the development.
(7)
At other locations along the street as deemed necessary by the Township.
615.5
Recreational lighting.
a.
When facilities for such outdoor recreational activities as baseball, tennis, football and miniature golf are specifically permitted by the Board of Supervisors for operation during hours of darkness, the following requirements shall apply:
(1)
Lighting shall be accomplished only through the use of "cutoff" fixtures or as otherwise approved by the Board of Supervisors.
(2)
Except as otherwise permitted by the Board of Supervisors, sporting events shall be timed to end such that all lighting in the sports facility, other than lighting for the safe exit of patrons, shall be extinguished by 9:45 p.m., regardless of such occurrences as extra innings or overtimes.
b.
The following outdoor recreational activities shall not be artificially illuminated if they are located within any R-A, R-R, R-1 or R-2 District or on a nonresidential property located within 1,200 feet of a residential use.
(1)
Race tracks and such recreational venues as golf driving ranges and trapshooting facilities that necessitate the horizontal or near horizontal aiming of luminaires and projection of illumination.
(2)
Recreational facilities for basketball, baseball, football, soccer, miniature golf, tennis, track and similar active recreational activities.
c.
Mounting heights.
(1)
Maximum mounting heights for outdoor recreational lighting shall be generally in accordance with the following:
Sport | Mounting Height (feet) | ||
|---|---|---|---|
Basketball | 20 | ||
Football | 50 | ||
Little League Baseball* | |||
200-foot radius | 60 | ||
300-foot radius | 70 | ||
Miniature golf | 20 | ||
Tennis | 30 | ||
* | Minimum mounting heights in accordance with league regulations shall prevail. |
615.6
Plan submission. Where lighting is required by this ordinance, is otherwise required by the Township or proposed by the applicant, lighting plans shall be submitted to the Township for review and approval as part of subdivision and/or land development, conditional use, variance, building permit, and special exception applications, as applicable. The submitted information shall include the following:
a.
A plan or plans for the site, complete with all structures, parking spaces, building entrances traffic areas, (both vehicular and pedestrian), existing and proposed trees, and adjacent uses that might be adversely impacted by the lighting. The lighting plan shall contain a layout of all proposed and existing fixtures, including but not limited to area, architectural, building entrance, canopy, soffit, landscape, flag, sign, etc., by location, orientation, aiming direction, mounting height, lamp, photometry, and type.
b.
A ten-foot-by-ten-foot illuminance-grid (point-by-point) plot of maintained horizontal footcandles overlaid on a site plan, plotted out to 0.0 footcandle, which demonstrates compliance with the light trespass, illuminance and uniformity requirements as set forth in this ordinance or as otherwise required by the Township. When the scale of the plan, as judged by the Township, makes ten-foot-by-ten-foot grid plot illegible, a more legible grid spacing may be permitted.
c.
Light-loss factors, IES candela-test file name, initial lamp-lumen ratings and specific lamp manufacturer's lamp ordering nomenclature used in calculating the plotted illuminance levels.
d.
Description of the proposed equipment, including fixture catalog cuts, photometries, glare reduction devices, lamps, lamp color temperature, on-off control devices, mounting heights, pole foundation details, pole protections means, and mounting methods.
e.
Landscaping plans shall contain fixture locations, demonstrating that the lighting and landscaping have been coordinated to minimize conflict between vegetation and light distribution, both initially and at vegetation maturity.
f.
When requested by the Board of Supervisors, the applicant shall submit a visual impact plan that demonstrates that appropriate steps have been taken to mitigate potential consequences of on-site and off-site glare and to retain the intended character of the Township. This plan may require the inclusion of initial vertical footcandle values at specific off-site venues, e.g., bedroom windows of adjacent residential uses.
g.
Plan notes. The following notes shall appear on the lighting plan:
(1)
Post-approval alterations to lighting plans or intended substitutions for specified lighting equipment on the approved plan shall be submitted to the Township for review and approval prior to installation. Requests for substitutions shall be accompanied by catalog cuts of the proposed equipment that demonstrate that the proposed substitution is equal to or exceeds the optical quality and maintainability of the specified fixtures; and accompanied by a lighting plan, including a point-by-point plot, which demonstrates that proposed substitutions will result in a lighting design whose quality equals or exceeds the lighting on the approved plan.
(2)
The Township reserves the right to conduct post-installation inspections to verify compliance with ordinance requirements and approved lighting plan commitments, and, if deemed appropriate by the Township, to require remedial action at no expense to the Township.
(3)
All exterior lighting, including building-mounted lighting, shall meet IES full cutoff or fully shielded criteria and shall be submitted to the Township for review and approval prior to the issuance of a building permit.
(4)
All proposed building exterior and site lighting shall be installed and maintained by the property owner.
615.7
Compliance monitoring.
a.
Safety hazards.
(1)
If Township judges a lighting installation creates a safety or personal security hazard, the person(s) responsible for the lighting shall be notified and required to take remedial action.
(2)
If appropriate corrective action has not been effected within 30 days of notification, the Township may commence legal action as provided in §§ 615.9 and 615.10 hereinbelow:
b.
Nuisance glare and inadequate illumination levels.
(1)
When Township judges an installation produces unacceptable levels of nuisance glare, skyward light, excessive or insufficient illumination levels or otherwise varies from this § 615, Township may cause notification of the person(s) responsible for the lighting and require appropriate remedial action.
(2)
If appropriate corrective action has not been effected within 30 days of notification, the Township may commence legal action as provided in §§ 615.9 and 615.10 hereinbelow.
615.8
Nonconforming lighting.
a.
Any lighting fixture or lighting installation existing on the effective date of this ordinance that does not conform with the requirements of this ordinance shall be considered as a lawful nonconformance subject to the following:
(1)
A nonconforming lighting fixture or lighting installation shall be made to conform with the requirements of this ordinance when:
615.9
Violations and penalties.
a.
Any person who violates or permits a violation of this § 615 shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township before a Magisterial District Judge, pay a fine as provided in § 1003 of this ordinance. No judgement shall commence or be imposed, levied or payable until the date of the determination of the violation by the Magisterial District Judge. If the defendant neither pays nor timely appeals the judgement, the Township may enforce the judgement pursuant to the applicable Rules of Civil Procedure. Each day a violation exists shall constitute a separate offense.
615.10
Abatement of nuisances. In addition to any other remedies provided in this ordinance, any violation of § 615.3.c hereof, Control of nuisance and disabling glare, shall constitute a nuisance and shall be abated by the Township by either seeking mitigation of nuisance or appropriate equitable or legal relief from a court of competent jurisdiction.
§ 616 Retaining walls.
Any retaining walls, whether decorative walls or supporting walls, that are over four feet in height shall be permitted in all zoning districts only after the submission of plans sealed by a structural engineer have been approved by Township Engineer.
§ 617 Open space management provisions.
[Added 12-9-2013 by Ord. No. 2013-06]
617.1
Required open space management plan.
a.
Any application for conditional use approval for development requiring common open space in accordance with this ordinance shall contain a conceptual open space management plan providing for the long-term management of the common open space which is to be created as part of the development, including maintenance and management of any stormwater management, recreation, or any other common facilities which may be located within areas of common open space. Such a plan shall include a narrative discussion of:
(1)
The manner in which the common open space and any facilities included therein will be owned and by whom they will be managed and maintained;
(2)
The specific conservation and land management techniques and practices which will be used to conserve and perpetually protect the common open space, including, for example, stormwater management, where applicable, woodland stewardship planning, anticipated mowing schedules, management of invasive vegetation, provision for introduction of landscape materials, trail maintenance, recreation facilities, etc.;
(3)
The professional and personnel resources that will be necessary in order to maintain and manage the common open space;
(4)
The nature of public or private access that is planned for the common open space and the means by which such access shall be managed and/or controlled, as appropriate; and
(5)
The source(s) and approximate amounts of funding that will be available for such management, preservation and maintenance on a perpetual basis.
b.
As required in § 617.1.a above, where an application for conditional use approval is submitted prior to preliminary plan submission, such application shall include a conceptual open space management plan outlining compliance with the issues stated above. The adequacy and feasibility of this conceptual management plan as well as its compatibility with the open space resource protection objectives of the Township shall be a factor in the approval or denial of the conditional use application by the Board of Supervisors. A complete final open space management plan shall be submitted with preliminary subdivision and land development plan submission.
c.
The Board of Supervisors may require that the open space management plan be recorded in the office of the Recorder of Deeds of Chester County with the home association document submitted with the final subdivision and land development plans. In addition, the Board may require, as a condition of land development approval, that appropriate management contracts be established as evidence of the ability to adhere to the provisions of the approved management plan.
d.
In order to allow for the changing needs inherent in the perpetual management of land, the open space management plan shall contain a provision to the effect that it may be changed by written application to the Board of Supervisors. Approval of such application by the Board shall not be unreasonably withheld or delayed, so long as the proposed change is feasible and consistent with the purposes of preservation of open space set forth in this ordinance and so long as the plan for such change avoids a likelihood of the obligation for management and maintenance of the land falling upon the Township without the consent of the Board of Supervisors.
617.2
Provisions for default of open space maintenance. Upon default by any owner, homeowners' association, conservation organization, or other entity responsible for maintenance of designated open space and/or associated facilities, where such maintenance is required under the terms of the open space management plan, homeowners' association or condominium documents, any subdivision and/or land development plan for the property, the zoning approval for the property, or under any applicable requirements of any Township ordinances, permits or approvals, or where such maintenance is otherwise necessary to abate a nuisance, emergency, hazard or other condition threatening persons or property or the public health, safety or welfare, the Township may, but shall not be obligated to, take the following actions:
a.
Upon 30 days' advance written notice to the person, association or entity responsible for such maintenance (or any such lesser period as may be specified in the notice in instances of emergency) and the failure of the responsible individual, entity or association within such thirty-day period (or such lesser period in the event of an emergency) to perform the necessary maintenance and otherwise remedy the condition set forth in the Township's notice, to enter upon the open space, accessing the same through any other lands of such entity, association or individual as may be necessary, to perform such maintenance and take any other action necessary to correct the condition provided in the Township's notice.
b.
Any and all costs incurred by the Township in connection with such notice and maintenance shall be paid by the responsible individual, entity or association within 10 days after written demand by the Township. Upon failure of the responsible entity, association or individual to pay such costs by the time required, there shall be added thereto interest at the rate of 15% per annum as well as all costs incurred by the Township in collection thereof.
(1)
All such costs of maintenance, remediation, notices and collection, including court costs and attorneys' fees, shall constitute a municipal lien and shall be enforceable as such against the responsible entity, individual or association.
(2)
Such lien shall apply to all property of such individual, entity or association within the development containing the affected open space.
(3)
In the case of an association or if individual lot owners are individually or collectively responsible for maintenance of common open space, such lien shall apply, pro rata, against all lot owners who are members of the association, in addition to applying to the affected open space.
§ 618 Steep slope standards.
[Added 12-9-2013 by Ord. No. 2013-06]
618.1
Intended purposes:
a.
To promote the public health, safety and welfare by the protection of steep slope areas and by encouraging the retention of open space located and designed so as to constitute a harmonious and appropriate part of the physical development of Uwchlan Township.
c.
To limit soil erosion and the resultant destruction of the land, siltation of streams, and damage to the property of individuals.
d.
To protect low-lying areas from flooding by limiting the increase in stormwater runoff caused by grading of slope areas, changes of ground cover, or the erection of structures.
e.
To maintain the ecological integrity and habitat value of steeply sloped areas, i.e., indigenous vegetation and wildlife, which could be adversely affected by otherwise permitted disturbances.
f.
To allow the continuing replenishment of groundwater resources and the maintenance of springs.
618.2
General provisions.
a.
Compliance. No area within the steep slope shall hereafter be disturbed or used without full compliance with the terms of this section and other applicable regulations.
b.
Steep slope overlay concept. Steep slopes shall be deemed to be an overlay zoning district on any zoning district(s) now or hereafter enacted to regulate the use of land in Uwchlan Township.
(1)
Steep slopes shall have no effect on the permitted uses in the underlying zoning district, except where said uses are intended to be located within the boundaries of either precautionary or prohibitive slopes, as defined herein, and said uses are in conflict with the permitted uses set forth in this section.
(3)
Should the steep slope boundaries be revised as a result of legislative or administrative actions or judicial decision, the zoning requirements applicable to the area in question shall revert to the requirements of the underlying zoning district(s) without consideration of this section.
(4)
For any parcel or any part thereof on which steep slope is an overlay, should the zoning classification(s) be changed as a result of legislative or administrative actions or judicial decision, such change(s) in classification shall have no effect on the boundaries of the steep slope, unless an amendment to said boundaries was included as part of the proceedings from which the subsequent change(s) originated.
c.
Preservation of other restrictions. It is not intended by this section to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this section imposes greater restrictions, the provisions of this section shall prevail.
d.
Municipal liability. The granting of a zoning permit or approval of a subdivision or land development plan within or near steep slope shall not constitute a representation, guarantee, or warranty of any kind by Uwchlan Township, or by any official or employee thereof, of the practicability or safety of the proposed use and shall create no liability upon Uwchlan Township, its officials or employees. This section does not imply that areas outside the steep slope boundaries or land uses permitted within said district will always be totally free from the adverse effects of erosion.
618.3
Designation and interpretation.
a.
Steep slope consists of two areas which are delineated and defined as follows:
(1)
Precautionary slopes are those land areas of 15% to 25% slope measured over three or more adjacent two-foot contour lines established from a current survey. For land where construction, development or improvement is not proposed, other survey or GIS data may be permitted by the Township at its discretion. Areas less than three adjacent contour intervals and less than 1,000 square feet in area as shown in plan view shall be excluded, provided that they do not adjoin or abut larger areas of precautionary slopes or prohibitive slopes on the subject lot or development plan.
(2)
Prohibitive slopes are those of greater than 25% slope measured over three or more adjacent two-foot contour lines established from a current survey. For land where construction, development or improvement is not proposed, other survey or GIS data may be permitted by the Township at its discretion. Areas less than three adjacent contour intervals and less than 1,000 square feet in area as shown in plan view shall be excluded, provided that they do not adjoin or abut larger areas of precautionary slopes or prohibitive slopes on the subject lot or development plan.
b.
Man-made slopes are not regulated by this section.
c.
Delineation. The applicant shall delineate the two categories of steep slopes (precautionary and prohibitive) that are on the site in accordance with the site analysis plans required by § 406.1.d and preliminary and final plans required by §§ 402.1 and 403.1 of the Uwchlan Township Subdivision and Land Development Ordinance.[1]
d.
Interpretation and appeals procedure.
(1)
Each application for construction or land disturbance within the precautionary slope and/or prohibitive slope shall be submitted in accordance with § 618.5. Any areas of precautionary slope and/or prohibitive slope that falls within the subject lot or lots shall be interpolated and shown on the site plan required under § 618.5 through shading of such area or areas.
(2)
Where an interpretation is needed as to the exact location of the slope boundaries in relation to a given parcel, an initial determination shall be made by the Zoning Officer. Any party seeking such a determination may submit a topographic survey of the property and any other pertinent documentation for consideration. The Zoning Officer shall make a written report of the results of his initial determination, a copy of which shall be provided to the Board of Supervisors.
(3)
Any party aggrieved by any such determination of the Zoning Officer, or other decision or determination under this section, may appeal to the Zoning Hearing Board. The party contesting the location of the boundary shall have the burden of proof in case of any such appeal.
618.4
Resource protection standards.
a.
Steep slope areas shall be preserved in their natural state whenever possible. Where permitted and where construction of roads, buildings, structures, driveways or infrastructure cannot be avoided, disturbance shall be kept to the minimum necessary, and in no case shall it exceed the following permitted disturbance limits:
(1)
Precautionary slopes. The disturbance permitted on precautionary slopes shall be limited to the following activities:
(a)
Any structure permitted by right, special exception or conditional use according to the terms of the underlying base zoning district.
(b)
Any road necessary to provide primary access to a use permitted by this ordinance, when no practical alternative exists in an area of lesser slope.
(c)
All utilities where approved by the Township and all other regulatory agencies.
(d)
Parks and outdoor passive recreational uses, consistent with the goals of watershed protection, as established in this ordinance, the Township Subdivision and Land Development, and the Township Comprehensive Plan, as amended.
(e)
Tree farming, forestry, and other agricultural uses when conducted in conformity with accepted conservation practice, including minimum tillage methods, and as may be approved by the USDA Natural Resources Conservation Service or the Chester County Conservation District. Woodland management assistance is available through the Pennsylvania Forest Stewardship Program administered by the Pennsylvania Bureau of Forestry.
(f)
Access roads for the passage of emergency vehicles in the event of fire or accident.
(g)
Accessory uses (except swimming pools) necessary for the operation and maintenance of the above permitted uses.
(h)
Yard area(s) of a building.
(2)
Prohibitive slopes. No more than 15% of prohibitive slopes on the entire property proposed for development shall be regraded, cleared, built upon, or otherwise altered or disturbed. In addition, the disturbance permitted on prohibitive slopes shall be limited to the following activities:
(a)
Parks and outdoor passive recreational uses consistent with the goals established in this ordinance, the Township Subdivision and Land Development, and the Township Comprehensive Plan, as amended.
(b)
Logging and woodcutting, where such activity is limited to highly selective removal of trees. Maximum precautions shall be taken to avoid destruction of or injury to desirable understory vegetation and remaining trees. Clear-cutting or grubbing of trees is not permitted on prohibitive slopes. Woodland management assistance is available through the Pennsylvania Forest Stewardship Program administered by the Pennsylvania Bureau of Forestry.
(c)
Grading for the minimum portion of a road or driveway necessary for access to the principal use and all utility lines where approved by the Township and all other regulatory agencies, when it can be demonstrated that no other routing is feasible.
(d)
Yard area(s) of a building where such building is not within the prohibitive slope.
(3)
Notwithstanding the provisions of § 618.4.a(2) above, a use or structure existing at the time of adoption of this section on any lot of one acre or less that contains prohibitive slope as defined herein may be expanded into the prohibitive slopes, subject to compliance with the resource protection standards of § 618.4.b through h, the application procedures of § 618.5, and the approval of the Township Engineer.
b.
An earthmoving plan of the property shall be provided that indicates existing grades with contour lines at two-foot intervals and proposed grades within the area of any proposed activity, disturbance, or construction, including the proposed location of all buildings and structures. All areas of prohibitive and/or precautionary slopes shall be shaded accordingly.
c.
Each building or structure shall be constructed in such a manner as to provide the least alteration necessary of the existing grade, vegetation and natural soils condition.
d.
New roads and improvements to existing roads should be designed within the existing contours of the land to the extent possible and strive for compatibility with the character of rural roads to prevent excessive cuts and fills.
e.
In special protected watersheds, all stockpiles of earth shall be seeded or otherwise stabilized immediately to the satisfaction of the Township Engineer. In all nonprotected watersheds, all stockpiles of earth intended to be stored for more than 21 days shall be seeded or otherwise stabilized to the satisfaction of the Township Engineer. Any disturbed area of prohibitive slopes or any cut and fill resulting in slopes of greater than 3:1 shall be protected with an erosion control blanket.
f.
Any disturbance of land shall be in compliance with the erosion and sedimentation control standards of the Subdivision and Land Development Ordinance.[2]
(1)
An erosion and sedimentation control plan and soil stabilization plan shall be submitted consistent with the requirements of § 510 of the Subdivision and Land Development Ordinance.
(2)
The plan shall demonstrate how soil will be protected from erosion during construction and how soil will be stabilized upon the completion of construction.
g.
The proposed development, any impervious ground cover, and the resultant disturbance to the land and existing vegetative cover shall not cause runoff and/or related environmental problems off the site.
h.
Removal of, or disturbance to, existing vegetation on the site shall be minimized. The proposed impacts on existing vegetation shall be evaluated in terms of the potentially detrimental effects on slope stability, transportation and recharge of stormwater, aesthetic and traditional characteristics of the landscape, and existing drainage patterns. Mitigation measures may be required by the Board as it deems appropriate.
618.5
Application procedures. Before a permit is issued for any construction or land disturbance activity on land within or affecting steep slope for subdivision, land development, building permit, conditional use, special exception or zoning applications, the following material, in full or in pertinent parts, shall be submitted for review by the Zoning Officer.
a.
An earthmoving plan as described in § 618.4.b above.
b.
A site plan indicating existing and proposed structures, other impervious surfaces, stormwater management facilities, and retaining walls. The site plan also shall locate and identify existing vegetation and ground cover within areas of prohibitive slopes and precautionary slopes, as well as landscaping material proposed for installation.
c.
Architectural plans, elevations, and sections of any proposed structures, including materials and type of foundation to be used to overcome structural problems associated with slope conditions.
d.
A report, signed and sealed by a registered architect or engineer, that describes, in detail, the site's soil, topographic, and hydrologic conditions; the building and other methods to be used to overcome foundation and other structural problems created by slope conditions; preservation of natural watershed boundaries and surface and groundwater flows; prevention of soil erosion and resulting down-gradient sedimentation in accordance with § 510 of Township Subdivision and Land Development; and prevention of the runoff of excess water onto neighboring properties and/or streets. All uses within precautionary or prohibitive slopes shall control peak rate and volume of stormwater runoff in accordance with the Uwchlan Township Stormwater Management Ordinance, as amended.[3]
e.
Plan, profile, and typical cross sections of any proposed street, emergency access, or driveway within areas of prohibitive or precautionary slopes, with the seal of a registered professional engineer thereon. The adequacy of access to the site for emergency vehicles shall be subject to review by the Fire Marshal or his designee. The necessary information shall be submitted by the applicant to the Fire Marshal or his designee for his review.
§ 619 Woodland protection standards.
[Added 12-9-2013 by Ord. No. 2013-06]
619.1
Protection standards.
a.
Disturbance limitations for woodlands and hedgerows.
(1)
Notwithstanding any provision of this section to the contrary, selective harvesting of timber shall be permitted where undertaken in compliance with a timber harvesting plan prepared by a qualified forester or equivalent professional and submitted to the Township prior to commencement of any timber harvesting operation. Clear-cutting of any woodland area shall be prohibited except to the minimum extent necessary to permit the implementation of an approved land development or building permit in conformance with this section. Except for approved timber harvesting as provided above, all woodland disturbance shall be subject to the following total disturbance limitations, regardless of calculation of disturbance allowances for purposes of determining replacement planting requirements:
(a)
Outside of areas designated as riparian buffer, permitted woodland disturbance on any lot or tract shall not exceed 25% of the total area of any woodland(s) or hedgerow(s). This limitation shall not apply within the PC, PC-2, and PI Districts.
(b)
Disturbance limitations shall be measured based on the extent of the subject woodland at the time of initial submission of applicable application(s) after the adoption of this section and shall be indicated on applicable plan(s). The 25% disturbance limitation shall run with the land, once established. Subsequent applications shall be subject to the initial determination of the 25% disturbance limitations, regardless of intervening disturbance which may have occurred. Disturbance of woodands on a lot or tract shall never exceed the 25% limitation established by the initial application. If at any time within three years prior to an applicable application there had existed a greater extent of woodland, such greater area shall be utilized to calculate the extent of permitted woodland disturbance and the limitations set forth herein.
(2)
Where disturbance to existing areas of woodlands exceeds any of the standards set forth in § 619.1.a(1) above, woodland replacement shall be two shade trees of two-and-one-half-inch to three-inch caliper for each tree removed that is 12 inches dbh or greater. Determination of the extent of woodland disturbance shall be as described in § 619.1.a(1) herein.
(3)
Guidelines for determining permitted woodland disturbance. In determining where permitted woodland disturbance will occur, the following factors shall be considered:
(a)
The applicant shall consider the location(s) and benefit of conservation of healthy mature woodland stands.
(b)
Each building or structure shall be constructed in such a manner as to provide the least alteration or disturbance necessary of the existing woodland. Clear-cutting shall be minimized, trees shall be selectively removed, and a tree protection zone shall be established.
(c)
In each situation where the standards of this section are applied, consideration shall be given to balancing the benefits of woodland preservation with other valuable resources on the site, including scenic views. The Township shall not unreasonably restrict woodland disturbance where limited disturbance may permit siting of buildings in less visually obtrusive areas of the tract.
(d)
The remaining undisturbed woodlands and other vegetation shall interconnect with woodlands or wooded areas of adjacent properties to preserve continuous woodland corridors and allow for the normal movement, dispersion, and migration of wildlife. The applicant shall consider the impacts, in terms of functions and values to wildlife, of separating, dividing or encroaching on wildlife travel corridors or extensive habitat areas, especially woodlands exceeding 10 acres in area.
(4)
Protection of woodlands to remain on site. Woodlands, individual trees, and other vegetation that are to remain on the site shall be identified on the plan and protected from land disturbance and construction activities in accordance with the tree protection provisions of § 512.1 of the Subdivision and Land Development Ordinance.[1] In addition:
§ 620 Wireless communications facilities.
[Added 10-14-2014 by Ord. No. 2014-03]
620.1
General requirements.
a.
Design. In order to reduce the number of communications antenna support structures in the Township in the future, the proposed communications antenna support structure shall be designed to accommodate other potential communication users, including not less than one wireless communication company, and not less than one local police, fire or ambulance service communications provider, through the addition or incorporation of antenna anchored at a location or in locations on the communications antenna support structure which the applicant does not intend to anchor its communications antenna.
b.
Fencing. A security fence shall be required around the antenna support structure and other equipment, unless the communications antenna(e) is mounted on an existing structure, as provided herein.
c.
Landscaping. The following landscaping shall be required to screen as much of a newly constructed communications antenna support structure as possible. The Board of Supervisors may permit any combination of existing vegetation, topography, walls, decorative fences or other features instead of landscaping, if, in the discretion of the Board of Supervisors, they achieve the same degree of screening as the required landscaping.
(1)
An evergreen screen shall be required to surround the communications antenna support structure. The screen can be either a hedge planted three feet on center maximum or a row of evergreen trees planted 10 feet on center maximum. The evergreen screen shall be a minimum planted height of six feet at planting and shall be capable of growing to a minimum of 15 feet at maturity.
(2)
Existing vegetation on and around the land site shall be preserved to the greatest extent possible.
d.
Licensing and applicable regulations. The applicant must demonstrate that it is licensed to provide wireless communications services by the Federal Communications Commission (FCC), through the submission of a copy of a license issued by the FCC, authorizing the provision of wireless communications services by the applicant directly or through licensure or other authorized permission. A copy of this license is to be provided to the Township within 15 days of the submission of an application for conditional use or other municipal approval.
e.
Proof of inspection. The owner of a communications antenna support structure shall submit to the Township Engineer proof of the annual inspection of the communications antenna support structure and communications antenna(e) by an independent professional engineer as required by the ANSI/EIA/TIA-222-E Code. Based upon the results of such an inspection, the Board of Supervisors may require removal or repair of the wireless communications facility. In the event the annual inspection referred to above is not performed in a timely manner, the landowner as well as the applicant or other licensed provider of wireless communications service shall be subject to civil enforcement proceedings in accordance with § 1002 of this ordinance, and such other remedies as are provided by law.
f.
Required parking. If the wireless communications facility is fully automated, an adequate parking area shall be required for all maintenance workers. If the wireless communications facility is not fully automated, the number of required parking spaces shall equal the number of employees present at the wireless communications facility during the shift with the greatest number of employees or staff.
g.
Visual appearance. Communications antenna support structures shall be painted silver or another color approved by the Board, or shall have a galvanized finish. All wireless communications equipment buildings and other accessory facilities shall be aesthetically and architecturally compatible with the surrounding environment and shall maximize the use of a like facade to blend with the existing surroundings and the neighboring buildings to the greatest extent possible. The Board of Supervisors may require that:
(1)
Communications antenna support structures be painted green up to the height of nearby trees; and/or
(2)
Wireless communications equipment buildings which house electrical transmitter equipment shall be placed underground, unless determined to be detrimental to the functioning and physical integrity of such equipment.
(3)
In making these determinations, the Board of Supervisors shall consider whether its decision will: i) promote harmonious and orderly development of the zoning district involved; ii) encourage compatibility with the character and type of development existing in the area; iii) benefit neighboring properties by preventing a negative impact on the aesthetic character of the community; iv) preserve woodlands and trees existing at the site to the greatest possible extent; and v) encourage sound engineering and land development design and construction principles, practices and techniques.
h.
Site plan. A full site plan shall be required for all wireless communications facilities, showing all existing and proposed structure(s) and improvements, including, but not limited to, the communications antenna(e), communications antenna support structure, building, fencing, buffering and ingress and egress. The plan shall comply with the Township Subdivision and Land Development Ordinance, with the exception of such planned documentation/information which would be required to demonstrate compliance with those provisions of the Subdivision and Land Development Ordinance (or a Pennsylvania Stormwater Management Act) pertaining to stormwater management.
i.
Signs. No sign or other structure shall be mounted on the wireless communications facility, except as may be required by the FCC, FAA or other governmental agency and except for an identifying sign of no greater than three square feet, setting forth the name and means of contacting the operator.
j.
Lighting. Communications antenna support structures shall meet all Federal Aviation Administration (FAA) regulations. No communications antenna support structure may be artificially lighted except when required by the FAA or other governmental authority. When lighting is required by the FAA or other governmental authority, it shall be limited to not greater than 50% in excess of the minimum lumens and number of lights so required and, if not inconsistent with FAA or other governmental regulations, shall be oriented inward so as not to project onto surrounding properties. The applicant shall promptly report any outage or malfunction of FAA-mandated lighting to the appropriate governmental authorities and to the Township Secretary.
k.
Maintenance. The applicant shall describe anticipated maintenance needs, including frequency of service, personnel needs, equipment needs, and the traffic safety and notice impacts of such maintenance. This information shall be submitted, in writing, in the form of a proposed maintenance schedule, as part of the conditional use application or other application for zoning or building authorization.
l.
Vehicular access. In the event a communications antenna(e) is attached to an existing structure, vehicular access to the wireless communications facility shall not interfere with the parking or vehicular circulation on the site for the existing principal use.
m.
Co-location. If the applicant proposes to build a communications antenna support structure [as opposed to mounting the communications antenna(e) on an existing structure], the applicant shall demonstrate that it has contacted the owners of structures of suitable location and height (such as smokestacks, water towers and buildings housing existing communications antenna support structures) within a one-mile radius of the site proposed, and asked for permission to install the communications antenna(e) on an existing structure as set forth in this subsection or demonstrate that the applicant cannot adequately extend or infill its communication system through the use of these structures. Uwchlan Township would be authorized, at no cost and/or rental fees, to install antenna and transmission cable equipment on the tower for the Township and emergency use.
n.
Abandonment.
(1)
If use of a wireless communications facility is abandoned or is not properly maintained (so as to assure continued structural integrity and safety) or if the wireless communications facility is not in use for a period of six months or longer, the owner shall demolish and/or remove the wireless communications facility from the land site within six months of such abandonment and/or nonuse. All costs of demolition and/or removal shall be borne by the owner of the wireless communications facility. In the event the demolition and/or removal referred to above is not performed in a timely manner, the owner shall be subject to civil enforcement proceedings in accordance with § 1002 of this ordinance, and other legal remedies available to the Township.
(2)
In addition, prior to the issuance of any building permit or use authorization or similar municipal authorization which may result in construction or installation of a communications antenna, communications antenna support structure (tower), or wireless communications facility, a declaration of covenant must be submitted by the applicant, and approved by the Board of Supervisors, for recording in the office of the Recorder of Deeds of Chester County, by which the landowner, and his/her/its successors in interest, authorize Township officials and Township designees to effectuate the disassembly, demolishment and/or removal of any wireless communications facility antenna or similar structure, as contemplated by this provision. Appropriate documentary proof must be submitted to the Township staff, confirming the recording of the declaration of covenant, prior to commencement of any construction or installation of any communications antenna, communications antenna support structure or wireless communications facility. The covenant requiring proper maintenance (or removal in the case of abandonment) of a wireless communications facility shall expire promptly upon the expiration of any lease or other arrangement by which the applicant has permission to maintain a wireless communications facility (or any component thereof) on a land site or other property. Upon submission of appropriate documentary proof of the expiration of the lease or other permission specified herein, the Township will authorize the recording of a document memorializing the expiration of the effective terms of the declaration of covenants.
(3)
The requirements of this section may be waived or altered by the Board of Supervisors in the event that either: i) another appropriate form of guarantee for the continued maintenance (or removal in the case of abandonment) of a wireless communications support structure is provided; or ii) the Board of Supervisors is satisfied that adherence to these requirements would be unnecessary, duplicative or violative of Federal Telecommunications Act of 1996, or other applicable law.
o.
Notification. All applicants seeking to construct, erect, relocate, or alter a wireless communications facility shall file a written certification with the Township Zoning Officer that all property owners within a three-hundred-foot radius of the proposed communications antenna support structure have been given written notice by the applicant, mailed at least 14 days prior to the date of the hearing of the applicant's intent to construct, erect, relocate, or alter a wireless communications facility. The certification shall contain the name, address and tax parcel number of the property owners so notified. Such notice shall also contain the date and time of the Board of Supervisor's meeting at which the applicant will appear and demonstrate compliance with the provisions of this ordinance.
p.
Interference. In the event the wireless communications facility causes interference with the radio, subscriber equipment or television reception of any Township resident for a period of three consecutive days, the resident shall notify the Township, in writing, of such interference. The Township shall notify the owner/operator of the wireless communications facility of such interference and the owner/operator, at the owner/operator's sole expense, shall thereafter ensure that any interference problems are promptly corrected. In the event the interference is not corrected in a timely manner, the owner/operator shall be subject to the civil enforcement proceedings in accordance with § 1002 of this ordinance, and may have the conditional use or other municipal approval revoked.
620.2
General requirements for all tower-based wireless communications facilities. The following regulations shall apply to all tower-based wireless communications facilities (WCF):
a.
Standard of care. Any tower-based WCF shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related codes, including, but not limited to, the most recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, National Electrical Code, as well as the accepted and responsible workmanlike industry practices of the National Association of Tower Erectors. Any tower-based WCF shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property in the Township.
b.
Monopole design. All tower-based WCFs shall be monopoles.
c.
Wind. Any tower-based WCF shall be designed to withstand the effects of wind according to the standards designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association, and Telecommunications Industry Association (ANSFEINTIA-222-E Code, as amended). Further, due to local weather conditions, the tower-based WCF must be built to withstand one-hundred-mile-per-hour sustained winds with a uniform loading of 50 pounds, or short duration gusts of up to 150 miles per hour. An independent professional engineer registered in Pennsylvania shall attest to the proposed tower-based WCF structure's ability to meet this requirement and certify proper construction of the foundation and erection of the tower.
d.
Security. All tower-based WCFs shall have an integral security platform, or other means with locked access, to prevent unauthorized climbing of the tower.
e.
Maximum heights. No tower-based or nontower-based wireless communications facility shall be taller than 120 feet measured from undisturbed ground level, unless the applicant proves that another provider of wireless communications services has agreed to co-locate communications antenna(e) on the applicant's communications antenna support structure or the applicant demonstrates that a greater tower height is necessary to provide satisfactory service for wireless communications. In such case, the communications antenna support structure shall not exceed 150 feet unless the applicant secures approval as a condition of the conditional use process from the Supervisors by demonstrating such proof as would be required under § 806.4 of this ordinance. In no event shall mounted communications antenna(e) height on any tower extend more than 25 feet above the installed height of the tower. While evidence relating to the criteria set forth in § 806.4 of this Zoning Ordinance shall be considered by the Board of Supervisors, the Board of Supervisors will impose reasonable limitations on the admissibility of evidences sought to be introduced by any objecting party seeking to question the need for any wireless communications facility (or component thereof). The requirement of establishing a need for any such component and/or the height of any proposed wireless communications support structure shall be deemed to be satisfied through the submission of a report or testimony by a properly qualified radio frequency engineer confirming that the installation of the proposed wireless communications facility will substantially improve the provision of wireless communications service.
f.
Public safety communications. No tower-based WCF shall interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties. If measurable interference does result from the installation and use of the tower-based WCF, the owner of the tower-based WCF shall take appropriate measures to abate the interference or cease operation.
g.
Maintenance and inspections. The following maintenance requirements shall apply:
(1)
Any tower-based WCF shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair.
(2)
Proper maintenance shall be performed to ensure the upkeep of the facility in order to promote the safety and security of the Township's residents.
(3)
At least annually the tower-based WCF and its appurtenances shall be inspected both visually and with the appropriate nondestructive testing techniques. The results of those tests and written certification of structural integrity by a registered professional engineer shall be provided annually to the Township. Any structural faults thus noted will be immediately corrected by the owner. Failure to provide proof of certified inspection is a violation of this chapter and may subject the owner to the violations and penalties in Section 1003 of this chapter.
[Amended 3-9-2015 by Ord. No. 2015-01]
h.
Radio frequency emissions. No tower-based WCF may, by itself or in conjunction with other WCFs, generate radio frequency emissions in excess of the standards and regulations of the FCC.
i.
Historic buildings or districts. No tower-based WCF may be located on a building or structure that is listed on either the National or Pennsylvania Registers of Historic Places or is defined as an historic resource pursuant to this chapter.
j.
Identification. All tower-based WCFs shall display a notice in a readily visible location identifying the name and phone number of a party to contact in the event of an emergency, subject to approval by the Township.
k.
Lighting. Tower-based WCFs shall not be artificially lighted, except as required by law and as may be approved by the Township.
l.
Appearance. Towers shall be galvanized and/or painted with a rust-preventive paint of an appropriate color to harmonize with the surroundings.
m.
Noise. Tower-based WCFs shall be operated and maintained so as not to produce noise in excess of applicable noise standards under state law and in Chapter 166 of the Code, except in emergency situations requiring the use of a backup generator, where such noise standards may be exceeded on a temporary basis only.
[Amended 3-9-2015 by Ord. No. 2015-01]
n.
Aviation safety. Tower-based WCFs shall comply with all federal and state laws and regulations concerning aviation safety.
o.
Timing of approval. Within 30 calendar days of the date that an application for a tower-based WCF is filed with the Township, the Township shall notify the applicant in writing of any information that may be required to complete such application. All applications for tower-based WCFs shall be acted upon within 150 days of the receipt of a fully completed application for the approval of such tower-based WCF and the Township shall advise the applicant in writing of its decision. If additional information was requested by the Township to complete an application, the time required by the applicant to provide the information shall not be counted toward the one-hundred-fifty-day review period.
p.
Permit fees. The Township may assess appropriate and reasonable permit fees directly related to the Township's actual costs in reviewing and processing the application for approval of a tower-based WCF, as well as related inspection, monitoring and related costs.
620.3
Tower-based communications facilities outside the rights-of-way. The following regulations shall apply to tower-based wireless communications facilities located outside the rights-of-way:
a.
Permitted in the PIC Planned Industrial-Commercial District. Tower-based WCFs are permitted in the PIC Planned Industrial-Commercial District by conditional use with a setback of 800 feet from the district boundaries, through the issuance of a conditional use decision and order issued by the Board of Supervisors. Additionally, wireless communications facilities, including all components thereof, as specified herein, may be located on any land owned by the Township. In the case of the location of such facilities on land owned by the Township, no conditional use application or approval will be necessary; however, the Board of Supervisors will determine whether permission will be granted for the location of such facilities on Township-owned land, pursuant to the terms of a leasing or other agreement, which will incorporate the requirement of compliance with such substantive regulations of this ordinance.
b.
Gap in coverage. An applicant for a tower-based WCF must demonstrate that a significant gap in wireless coverage exists with respect to all wireless operators in the applicable area and that the type of WCF being proposed is the least intrusive means by which to fill that gap in wireless coverage. The existence or nonexistence of a gap in wireless coverage shall be a factor in the Township's decision on an application for approval of tower-based WCF.
c.
Sole use on a lot. A tower-based WCF is permitted as a sole use on a lot subject to the minimum area and bulk requirements for the PIC District.
d.
Combined with another use. A tower-based WCF may be permitted on a property with an existing use or on a vacant parcel in combination with another use permitted in the PIC District subject to the following conditions:
(1)
Minimum lot area. The minimum lot area shall comply with the requirements for the PIC District and shall be the area needed to accommodate the tower-based WCF and guy wires, the equipment building, security fence, and buffer planting.
(2)
Minimum setbacks. The tower-based WCF and accompanying equipment building shall comply with the setback requirements for the PIC District, provided that no tower-based WCF shall be located within 500 feet of a lot with a residential use or a residential district boundary.
e.
Co-location. An application for a new tower-based WCF shall not be approved unless the Township finds that the wireless communications equipment planned for the proposed tower-based WCF cannot be accommodated on an existing or approved structure or building. Any application for approval of a tower-based WCF shall include a comprehensive inventory of all existing towers and other suitable structures within a one-mile radius from the point of the proposed tower, unless the applicant can show to the satisfaction of the Township that a different distance is more reasonable, and shall demonstrate conclusively why an existing tower or other suitable structure cannot be utilized.
f.
Design regulations.
(1)
The WCF shall employ the most current stealth technology available in an effort to appropriately blend into the surrounding environment and minimize aesthetic impact. The application of the stealth technology chosen by the WCF applicant shall be subject to the approval of the Board of Supervisors as part of the conditional use.
(2)
Any substantial change to an existing tower-based WCF shall require prior approval of the Township.
(3)
Any proposed tower-based WCF shall be designed structurally, electrically, and in all respects to accommodate both the WCF applicant's antennas and comparable antennae for future users.
g.
Soil report. The applicant shall submit a soil report to the Township complying with the standards of Appendix I: Geotechnical Investigations, ANSI/ETA 222-B, as amended, to document and verify the design specifications of the foundation of the tower-based WCF, and anchors for guy wires, if used.
h.
Fence/screen.
(1)
A security fence having a maximum height of six feet shall completely surround any tower-based WCF, guy wires, or any building housing WCF equipment.
(2)
The Board of Supervisors may also require the applicant to install an effective screen as defined in this chapter to further screen the tower-based WCF.
i.
Accessory equipment.
(1)
Ground-mounted equipment associated to, or connected with, a tower-based WCF shall be underground unless the applicant can demonstrate to the satisfaction of the Township Engineer that the equipment cannot be located underground, in which case the ground-mounted equipment shall be screened from public view using stealth technologies, as described above.
(2)
All utility buildings and accessory structures shall be architecturally designed to blend into the environment in which they are situated and shall meet the minimum setback requirements of the underlying zoning district.
j.
Additional antennae. The applicant shall allow other service providers to co-locate antennae on tower-based WCFs where technically and economically feasible. The owner of a tower-based WCF shall not install any additional antennae without obtaining the prior written approval of the Township.
620.4
Tower-based facilities in the rights-of-way. The following regulations shall apply to tower-based wireless communications facilities located in the rights-of-way:
a.
Permitted in the PIC Planned Industrial-Commercial District. Tower-based WCF are permitted in the ROW only in the PIC Planned Industrial-Commercial District by conditional use of the Board of Supervisors.
b.
Gap in coverage. An applicant for a tower-based WCF must demonstrate that a significant gap in wireless coverage exists with respect to all wireless operators in the applicable area and that the type of WCF being proposed is the least intrusive means by which to fill that gap in wireless coverage. The existence or nonexistence of a gap in wireless coverage shall be a factor in the Township's decision on an application for approval of tower-based WCFs in the ROW.
c.
Co-location. An application for a new tower-based WCF in the ROW shall not be approved unless the Township finds that the proposed wireless communications equipment cannot be accommodated on an existing structure, such as a utility pole or traffic light pole. Any application for approval of a tower-based WCF shall include a comprehensive inventory of all existing towers and other suitable structures within a one-mile radius from the point of the proposed tower, unless the applicant can show to the satisfaction of the Township that a different distance is more reasonable, and shall demonstrate conclusively why an existing tower or other suitable structure cannot be utilized.
d.
Time, place and manner. The Township shall determine the time, place and manner of construction, maintenance, repair and/or removal of all tower-based WCFs in the ROW based on public safety, traffic management, physical burden on the ROW, and related considerations. For public utilities, the time, place and manner requirements shall be consistent with the police powers of the Township and the requirements of the Public Utility Code.
e.
Equipment location. Tower-based WCFs and accessory equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, or to otherwise create safety hazards to pedestrians and/or motorists or to otherwise inconvenience public use of the ROW as determined by the Township. In addition:
(1)
All ground equipment associated with the tower shall be located underground so as not to cause obstruction of the right-of-way.
(2)
Any graffiti on the tower or on any accessory equipment shall be removed at the sole expense of the owner within 30 business days of notice of the existence of the graffiti.
(3)
Any underground vaults related to tower-based WCFs shall be reviewed and approved by the Township.
f.
Design regulations.
(1)
The WCF shall employ the most current stealth technology available in an effort to appropriately blend into the surrounding environment and minimize aesthetic impact. The application of the stealth technology chosen by the applicant shall be subject to the approval of the Board of Supervisors.
(2)
Any substantial change to an existing tower-based WCF shall require prior approval of the Township.
(3)
Any proposed tower-based WCF shall be designed structurally, electrically, and in all respects to accommodate both the WCF applicant's antennas and comparable antennae or future users.
g.
Additional antennae. The WCF applicant shall allow other service providers to co-locate antennae on tower-based WCFs where technically and economically feasible. The owner of a tower-based WCF shall not install any additional antennae without obtaining the prior written approval of the Township.
h.
Relocation or removal of facilities. Within 60 days following written notice from the Township, or such longer period as the Township determines is reasonably necessary or such shorter period in the case of an emergency, an owner of tower-based WCF in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any WCF when the Township, consistent with its police powers and applicable Public Utility Commission regulations, shall determine that such removal, relocation, change or alteration is reasonably necessary under the following circumstances:
(1)
The construction, repair, maintenance or installation of any Township or other public improvement in the right-of-way.
(2)
The operations of the Township or other governmental entity in the right-of-way.
(3)
Vacation of a street or road or the release of a utility easement.
(4)
An emergency as determined by the Township.
i.
Compensation for ROW use. Every tower-based WCF in the ROW is subject to the Township's right to fix annually a fair and reasonable compensation to be paid for use and occupancy of the ROW. Such compensation for ROW use shall be directly related to the Township's actual ROW management costs including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other ROW management activities by the Township. The owner of each tower-based WCF shall pay an annual fee to the Township to compensate the Township for the Township's costs incurred in connection with the activities described above. The annual ROW management fee for tower-based WCFs shall be determined by the Township and authorized by resolution of the Board of Supervisors and shall be based on the Township's actual ROW management costs as applied to such tower-based WCF.
620.5
General requirements for nontower wireless communications facilities. The following regulations shall apply to all nontower wireless communications facilities:
a.
Permitted in all zones subject to regulations. Nontower WCFs are permitted in all zones by conditional use on an existing smokestack, utility pole, water tower, commercial or industrial building or any similar tall structure (but not a communications antenna support structure), provided:
(1)
The height of the communications antenna(e) and apparatus attaching the antenna(e) thereto shall not exceed 10 feet in height, unless the applicant obtains conditional use approval for a greater antenna(e) height and demonstrates that such height is required to make it an adequately functional component of the applicant's system, but in no case shall such height exceed 25 feet;
(2)
The applicant proves that such location is necessary to satisfy their function in the applicant's wireless communications system or will obviate the need for the erection of a communications antenna support structure in another location where the same is permitted;
(3)
The applicant submits a plan showing each of the contiguous properties, identified by tax parcel number and owner, depicting all buildings and structures located on such properties and their principal and/or accessory uses; provided, however, that the applicant shall not be required to trespass upon the land of another in order to obtain the information set forth in this provision;
(4)
The applicant employs concealment or other reasonable appropriate stealth measures (the determination of which shall be in the Board's reasonable discretion) to camouflage or conceal antennas, such as the use of neutral materials that hide antennas, the location of antennas within existing structures, such as steeples, silos, and advertising signs, the replication of steeples and other structures for such purpose, the simulation of elements of rural landscapes, such as trees, and such other measures as are available for use for such purpose;
(5)
The proposed use otherwise complies with the requirements of this ordinance (with the exception of the provisions herein pertaining to the maximum height and location of a communications antenna support structure or tower); and
(6)
If the Board finds that location of antenna(e) on an existing structure obviates the need for the construction and erection of a communications antenna support structure in any zoning district in which the same is a permitted use, the Board may authorize by conditional use the location of either a building not exceeding 500 square feet or metal boxes placed on a concrete pad not exceeding, in the aggregate, 600 square feet in area, housing the receiving and transmitting equipment necessary to the operation of the antenna(e), for each unrelated entity or company sharing communications antennae space on the smokestack, utility pole, water tower, commercial or industrial building or other similar tall structure. The building and/or concrete pads may be located within a side yard or rear yard, provided that: a) the concrete pad and metal boxes or buildings are located within 25 feet away from the property line, or, in the case of the building, the minimum setback distance applicable in the zoning district, whichever is greater; b) the combined height of the concrete pad and metal boxes or building does not exceed eight feet; and c) an evergreen landscape buffer screen, having a planted height of six feet, is installed and maintained so as to provide a visually effective barrier, for individuals standing at ground level in the nearby area, between the building or metal boxes and any adjacent property.
b.
Standard of care. Any nontower WCF shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related codes, including, but not limited to, the most recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, and National Electrical Code. Any WCF shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property in the Township.
c.
Wind. Any nontower WCF structures shall be designed to withstand the effects of wind according to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association, and Telecommunications Industry Association (ANSFEINTIA-222-E Code, as amended).
d.
Public safety communications. No nontower WCF shall interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.
e.
Aviation safety. Nontower WCFs shall comply with all federal and state laws and regulations concerning aviation safety.
f.
Radio frequency emissions. No nontower WCF may, by itself or in conjunction with other WCFs, generate radio frequency emissions in excess of the standards and regulations of the FCC.
g.
Timing of approval. Within 30 calendar days of the date that an application for a nontower WCF is filed with the Township, the Township shall notify the applicant in writing of any information that may be required to complete such application. Within 90 calendar days of receipt of a complete application, the Township shall make its final decision on whether to approve the application and shall advise the applicant in writing of such decision. If additional information was requested by the Township to complete an application, the time required by the applicant to provide the information shall not be counted toward the Township's ninety-day review period.
h.
Permit fees. The Township may assess appropriate and reasonable permit fees directly related to the Township's actual costs in reviewing and processing the application for approval of a nontower WCF or $1,000, whichever is less.
i.
Noncommercial usage exemption. The design regulations enumerated in this subsection shall not apply to direct broadcast satellite dishes installed for the purpose of receiving video and related communications services at residential dwellings.
j.
Removal and replacement. The removal and replacement of nontower WCPs and/or accessory equipment for the purpose of upgrading or repairing the WCF is permitted, so long as such repair or upgrade does not increase the overall size of the WCF or the numbers of antennae.
620.6
Nontower wireless facilities in the rights-of-way. The following additional regulations shall apply to all nontower wireless communications facilities located in the rights-of-way:
a.
Co-location. Nontower WCFs in the ROW may only be co-located on existing poles, such as existing utility poles or light poles.
b.
Design requirements.
(1)
WCF installations located above the surface grade in the public ROW including, but not limited to, those on streetlights and joint utility poles, shall consist of equipment components that are no more than six feet in height and that are compatible in scale and proportion to the structures upon which they are mounted. All ground-mounted equipment shall be underground.
(2)
Antennae and all support equipment shall be treated to match the supporting structure. WCFs and accompanying equipment shall be painted, or otherwise coated, to be visually compatible with the support structure upon which they are mounted.
(3)
The height of the communications antenna(e) and apparatus attaching the antenna(e) thereto shall not exceed 10 feet in height, unless the applicant obtains conditional use approval for a greater antenna(e) height and demonstrates that such height is required to make it an adequately functional component of the applicant's system, but in no case shall such height exceed 25 feet.
c.
Compensation for ROW use. In addition to permit fees as described above, every nontower WCF in the ROW is subject to the Township's right to fix annually a fair and reasonable compensation to be paid for use and occupancy of the ROW. Such compensation for ROW use shall be directly related to the Township's actual ROW management costs including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other ROW management activities by the Township. The owner of each nontower WCF shall pay an annual fee to the Township to compensate the Township for its costs incurred in connection with the activities described above. The annual ROW management fee for nontower WCFs shall be determined by the Township and authorized by resolution of Township Board of Supervisors and shall be based on the Township's actual ROW management costs as applied to such nontower WCF.
d.
Time, place and manner. The Township shall determine the time, place and manner of construction, maintenance, repair and/or removal of all nontower WCFs in the ROW based on public safety, traffic management, physical burden on the ROW, and related considerations. For public utilities, the time, place and manner requirements shall be consistent with the police powers of the Township and the requirements of the Public Utility Code.
e.
Equipment location. Nontower-based WCFs and accessory equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, or to otherwise create safety hazards to pedestrians and/or motorists or to otherwise inconvenience public use of the ROW as determined by the Township. In addition:
(1)
All ground equipment associated with the tower shall be located underground so as not to cause obstruction of the right-of-way.
(2)
Required electrical meter cabinets shall be screened to blend in with the surrounding area to the satisfaction of the Township.
(3)
Any graffiti on the tower or on any accessory equipment shall be removed at the sole expense of the owner within 30 business days of notice of the existence of the graffiti.
(4)
Any underground vaults related to tower-based WCFs shall be reviewed and approved by the Township.
f.
Relocation or removal of facilities. Within 60 days following written notice from the Township, or such longer period as the Township determines is reasonably necessary or such shorter period in the case of an emergency, an owner of a WCF in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any WCF when the Township, consistent with its police powers and applicable Public Utility Commission regulations, shall have determined that such removal, relocation, change or alteration is reasonably necessary under the following circumstances:
(1)
The construction, repair, maintenance or installation of any Township or other public improvement in the right-of-way.
(2)
The operations of the Township or other governmental entity in the right-of-way.
(3)
Vacation of a street or road or the release of a utility easement.
(4)
An emergency as determined by the Township.