Valley Township City Zoning Code
PART 2
ZONE REQUIREMENTS
§ 27-201 Conservation Zone (C).
[Ord. No. 2015-01, 6/22/2015]
1.
Purpose. This zone intends to preserve areas of the Township that are characterized by sensitive environmental features. These areas are not well suited to intensive development yet provide valuable passive recreation opportunities. Many steeply sloped wooded hillsides and stream valleys comprise areas within this zone. Accordingly, land developments have been severely limited so as to conserve the character and environmental quality of these settings. Finally, a cluster development conditional use has been provided for lands that have access to public sewer and water facilities. Strict controls have been placed on this cluster development to limit the overall intensity of the project and ensure the protection of sensitive environmental features to be consistent with sustainable and low-impact development guidelines and best practice measures meant to minimize negative natural resources impacts and to promote conservation.
2.
Permitted Uses. The following principal uses and their accessory uses are permitted by right, provided the use complies with all supplemental development, design, and use regulations in this chapter:
A.
Passive recreation and parks.
B.
Activities related to the preservation and conservation of natural resources and/or historical structures.
C.
Agricultural, horticultural and forestry related uses subject to the requirements listed in § 27-317 of this chapter.
D.
Public uses and public utilities structures.
E.
Single-family detached dwellings.
3.
Special Exception Uses. The following principal uses and their accessory uses are permitted by special exception, provided that a special exception is approved by the Zoning Hearing Board in accordance with the procedures listed in § 27-605, Subsection 1C, of this chapter, and the use complies with all supplemental development, design, and use regulations in this chapter:
4.
Conditional Uses. The following principal uses and their accessory uses are permitted by conditional use, provided that a conditional use is approved by the Board of Supervisors in accordance with the procedures listed in § 27-705 of this chapter, and the use complies with all supplemental development, design, and use regulations in this chapter:
5.
Accessory Uses. Accessory uses shall be permitted in accordance with § 27-302 of this chapter in addition to the following accessory use regulations specific to the Conservation Zone:
6.
Design Standards. Unless specified elsewhere, the following table prescribes lot area, width and coverage, as well as minimum yard requirements for uses within this zone.
Minimum Yard Setbacks | |||||||
|---|---|---|---|---|---|---|---|
Use | Minimum Lot Area (square feet) | Minimum Lot Width1 (feet) | Maximum Lot Coverage | Front Yard2 (feet) | One Side (feet) | (Both Sides) (feet) | Rear Yard (feet) |
All principal uses | 5 acres | 200 | 12% | 50 | 35 | (70) | 50 |
All principal uses if more than 50% of site possess slopes in excess of 20% | 5 acres | 200 | 6% | 50 | 35 | (70) | 50 |
Accessory uses | NA | NA | Included in maximum lot coverage. See above. | Not permitted | 20 | (40) | 20 |
NOTES: | |
1 | Minimum lot width shall be measured at the building setback line; in no case shall a lot's width, as measured along its frontage, be less than 70% of that required at the building setback line. Lot widths required at the frontage shall be measured along a line paralleling the street line, even if it is curvilinear. |
2 | Front yard setbacks are measured from the street line. The front yard setback along a private street with no right-of-way line shall be measured from an imaginary right-of-way line for a minor street to allow for current or future installation of sidewalks. |
§ 27-202 R-1 Residential Zone (R-1).
[Ord. No. 2015-01, 6/22/2015]
1.
Purposes. This zone accommodates suburban detached residential uses, which are becoming more abundant within the Township. This zone coincides with expected sewer and water utility service areas; however, the actual availability of these services is likely to occur at different times, in different areas. As a result, permitted densities have been adjusted according to the availability of these public utilities. When no public sewers are provided, minimum lot area requirements have been sized to provide for an initial and an alternate on-site sewage disposal system. Additionally, a cluster development conditional use has been provided for lands that have access to public sewer and water facilities. Cluster development has the capability of reducing impervious surfaces, lessen energy demand, and preserve and conserve open spaces and valuable natural features. This zone also permits schools, churches and other suitable neighborhood-oriented uses.
2.
Permitted Uses. The following principal uses and their accessory uses are permitted by right, provided the use complies with all supplemental development, design, and use regulations in this chapter:
A.
Agricultural, horticultural and forestry uses, subject to the standards listed in § 27-317 of this chapter.
B.
Single-family detached dwellings.
C.
Passive recreation and parks.
D.
Public uses and public utilities structures.
E.
Churches and related uses.
F.
Private schools (excluding vocational, mechanical, and trade schools).
3.
Special Exception Uses. The following principal uses and their accessory uses are permitted by special exception, provided that a special exception is approved by the Zoning Hearing Board in accordance with the procedures listed in § 27-605, Subsection 1C, of this chapter, and the use complies with all supplemental development, design, and use regulations in this chapter:
4.
Conditional Uses. The following principal uses and their accessory uses are permitted by conditional use, provided that a conditional use is approved by the Board of Supervisors in accordance with the procedures listed in § 27-705 of this chapter, and the use complies with all supplemental development, design, and use regulations in this chapter:
5.
Design Standards. Unless specified elsewhere, the following table imposes design standards for all uses permitted within this zone.
Minimum Yard Setback | |||||||
|---|---|---|---|---|---|---|---|
Utilized Public Utilities | Minimum Lot Area (square feet) | Minimum Lot Width1 (feet) | Maximum Lot Coverage | Front Yard2 (feet) | One Side (feet) | (Both Sides) (feet) | Rear Yard (feet) |
None | 43,560 | 145 | 12% | 38 | 30 | (60) | 30 |
Public water | 20,000 | 100 | 25% | 38 | 18 | (36) | 30 |
Public sewer | 16,000 | 90 | 30% | 38 | 15 | (30) | 30 |
Both public sewer and public water | 16,000 | 90 | 30% | 38 | 15 | (30) | 30 |
Accessory uses | NA | NA | See above | Not permitted | 10 | (20) | 10 |
NOTES: | |
1 | Minimum lot width shall be measured at the building setback line; in no case shall a lot's width, as measured along its frontage, be less than 70% of that required at the building setback line. Lot widths required at the frontage shall be measured along a line paralleling the street line, even if it is curvilinear. |
2 | Front yard setbacks are measured from the street line. The front yard setback along a private street with no right-of-way line shall be measured from an imaginary right-of-way line for a minor street to allow for current or future installation of sidewalks. |
§ 27-203 R-2 Residential Zone (R-2).
[Ord. No. 2015-01, 6/22/2015]
1.
Purpose. This zone is designed to accommodate the medium-to-high-density residential needs of the Township. A wide range of housing types is permitted when both public sewer and public water are used. Additionally, a cluster development conditional use has been provided for lands that have access to public sewer and water facilities. Cluster development has the capability of reducing impervious surfaces, lessen energy demand, and preserve and conserve open spaces and valuable natural features. Generally, this zone is located in existing or expected utility service areas.
2.
Permitted Uses. The following principal uses and their accessory uses are permitted by right provided the use complies with all supplemental development, design, and use regulations in this chapter:
A.
Agricultural, horticultural and forestry uses subject to the regulations contained in § 27-317 of this chapter.
B.
Single-family detached dwellings.
C.
Semidetached (twin) dwellings.
D.
Townhouses.
E.
Duplexes.
F.
Multiple-family dwellings.
G.
Passive recreation and parks.
H.
Public uses and public utilities.
I.
Private schools (excluding vocational, mechanical, and trade schools).
3.
Special Exception Uses. The following principal uses and their accessory uses are permitted by special exception, provided that a special exception is approved by the Zoning Hearing Board in accordance with the procedures listed in § 27-605, Subsection 1C, of this chapter, and the use complies with all supplemental development, design, and use regulations in this chapter:
4.
Conditional Uses. The following principal uses and their accessory uses are permitted by conditional use, provided that a conditional use is approved by the Board of Supervisors in accordance with the procedures listed in § 27-705 of this chapter, and the use complies with all supplemental development, design, and use regulations in this chapter:
5.
Design Standards.
A.
Table 1 describes design standards for single-family detached dwellings and other nonresidential uses.[1]
[1]
Editor's Note: Table 1 is included as an attachment to this chapter.
B.
Table 2 describes design standards for other permitted dwelling unit types when both public sewer and public water facilities are used.[2]
[2]
Editor's Note: Table 2 is included as an attachment to this chapter.
7.
All uses shall also comply with the applicable general provisions listed in Part 3 of this chapter.
8.
All townhouse and multiple-family dwelling buildings and all off-street parking areas shall be set back at least 50 feet from any adjacent land within a residential district and/or from an adjacent road or street which is external to the development. Such setback shall be used for a landscaped buffer strip to include trees, shrubs, and ground cover. For townhouse or multiple-family uses, a vegetative screen consisting of at least 85% evergreen trees in accordance with § 27-314, Subsection 3, and § 27-314, Subsection 4, shall be provided along any property line adjacent to existing single-family or twin buildings or to a road which is external to the development.
§ 27-204 Highway Commercial Zone (HC).
[Ord. No. 2015-01, 6/22/2015]
1.
Purpose. This zone provides suitable locations for larger-scale and/or highway-oriented retail, service and entertainment businesses. The uses may involve outdoor activities and/or storage areas like automobile, boat and trailer sales and service establishments. The uses provided in this zone are meant to serve local residents as well as those motorists passing through the Township. Permitted land uses are generally being placed in locations where public utilities exist and to promote compact land use designs in mixed-use orientation where parking spaces could have potential for sharing depending on uses and which could minimize impervious surfaces. When located along major highway corridors, due consideration should be given to buffering, access management, signage and parking requirements. Access to these areas is provided by adjoining major roads. Specific setbacks are imposed upon storage areas to protect adjoining properties. Both public sewer and public water are available to these zones.
2.
Permitted Uses. The following principal uses and their accessory uses are permitted by right provided the use complies with all supplemental development, design, and use regulations in this chapter:
A.
Offices.
B.
Banks and similar financial institutions.
C.
Restaurants and taverns (not including fast -food restaurants or nightclubs).
D.
Retail store/sales.
E.
Hotels and motels.
F.
Automobile, boat, farm machinery and trailer sales (including service or repair facilities as an accessory use and if conducted within a wholly enclosed building).
G.
Theaters and auditoriums.
H.
Shops for contractors of plumbing, heating, air conditioning, electrical, roofing, flooring, glass and windows, insulation, carpentry and cabinetmaking, and other structural components of buildings, and excavating.
I.
Public uses and utilities.
J.
Dry cleaners, laundries and laundromats.
K.
Churches and related uses.
L.
Funeral homes.
M.
Home improvement and building supply stores.
P.
Medical or dental clinic.
[Added by Ord. No. 2015-03, 12/15/2015]
3.
Special Exception Uses. The following principal uses and their accessory uses are permitted by special exception, provided that a special exception is approved by the Zoning Hearing Board in accordance with the procedures listed in § 27-605, Subsection 1C, of this chapter, and the use complies with all supplemental development, design, and use regulations in this chapter:
4.
Conditional Uses. The following principal uses and their accessory uses are permitted by conditional use, provided that a conditional use is approved by the Board of Supervisors in accordance with the procedures listed in § 27-705 of this chapter, and the use complies with all supplemental development, design, and use regulations in this chapter:
5.
Lot Area, Lot Width, and Lot Coverage Requirements. See the following table:
Minimum Lot Area (square feet) | Minimum Lot Width (feet) | Maximum Lot Coverage |
|---|---|---|
20,000 | 150 | 60% |
6.
Minimum Setback Requirements. Principal and accessory uses.
A.
Front Yard Setback. All buildings, structures (except permitted signs), outdoor loading areas, off-street parking lots and outdoor storage areas shall be set back a minimum of 20 feet from the street right-of-way.
B.
Side Yard Setback. All buildings and structures (except permitted signs) shall be set back at least 20 feet from the side lot lines. Off-street parking lots, loading areas, and outdoor storage areas shall be set back at least 10 feet from the side lot lines, unless joint parking facilities are shared by adjoining uses. In such instances, one of the side yard setbacks can be excluded solely for parking and/or loading facilities.
C.
Rear Yard Setback. All buildings, structures, off-street parking lots, loading areas and outdoor storage areas shall be set back at least 20 feet from the rear lot line.
D.
Residential Buffer Strip. Any lot adjoining land within a residential zone shall maintain a fifty-foot setback for nonresidential buildings, structures, off street parking lots, loading areas and outdoor storage areas, from the residentially zoned parcels. Such areas shall be used for a landscape strip and screen.
7.
Maximum permitted height: 35 feet.
8.
Off-Street Loading. Off-street loading shall be provided as specified in § 27-313 of this chapter. In addition, no off-street loading area shall be permitted on any side of a building facing adjoining lands within a residential zone, nor any side of a building facing an adjoining street.
9.
Off-Street Parking. Off-street parking shall be provided as specified in § 27-312 of this chapter.
13.
Landscaping.
A.
Any portion of the site not used for buildings, structures, parking lots, loading areas, outdoor storage areas and sidewalks shall be maintained with a vegetative ground cover and other ornamental plantings. (See § 27-314 of this chapter.)
B.
A minimum ten-foot wide landscape strip shall be provided along all property lines. Such landscape strip can be excluded for that portion of the site occupied by a joint parking lot and/or loading area shared by adjoining uses.
14.
Waste Products. Dumpsters used for domestic garbage may be permitted within the side or rear yard. All dumpsters shall be completely enclosed and visually screened on all sides with fencing and/or walls for the full height of the dumpster. All dumpsters shall be set back a minimum of 50 feet from any adjoining residentially zoned properties.
15.
All uses permitted within this zone shall also comply with the general provisions in Part 3 of this chapter.
16.
Commercial Operations Standards. All commercial operations shall be in compliance with any Commonwealth of Pennsylvania and/or federal government regulations, as required by the most recent regulations made available from these governmental bodies.
17.
Outdoor Storage. Within the (HC) Zone, outdoor storage is permitted provided all outdoor storage areas are screened from adjoining roads and properties, and they comply with all of those setbacks specifically imposed thereon, listed in this section. The outdoor storage areas for automobile sales uses need not be screened from adjoining roads.
§ 27-205 Regional Commercial Zone (RC).
[Ord. No. 2015-01, 6/22/2015]
1.
Purpose. The purpose of this district is to provide suitable locations for businesses that rely on a regional market area for customers. The uses permitted include a wide range of commercial uses including uses compatible with an airport. The large minimum lot size protects the regional character of development by encouraging large uses, or an integration of smaller ones. The areas designated for this zone have premium vehicular access and exposure around major arteries that connect with Business Route 30 and the Route 30 Bypass. Permitted land uses are generally being placed in locations where public utilities exist and to promote compact land use designs in mixed-use orientation where parking spaces could have potential for sharing depending on uses and which could minimize impervious surfaces. When located along major highway corridors, due consideration should be given to buffering, shared parking, access management, signage and parking requirements. Design standards are imposed to create an attractive well-landscaped setting with adequate and convenient parking.
2.
Permitted Uses. The following principal uses and their accessory uses are permitted by right provided the use complies with all supplemental development, design, and use regulations in this chapter:
A.
Offices.
B.
Banks and similar financial institutions.
C.
Restaurants and taverns (not including fast-food restaurants or nightclubs).
D.
Retail store/sales.
E.
Theaters and auditoriums.
F.
Home improvement and building supply stores.
G.
Passive recreation and parks.
H.
Convenience store.
J.
Medical or dental clinic.
[Added by Ord. No. 2015-03, 12/15/2015]
3.
Conditional Uses. The following principal uses and their accessory uses are permitted by conditional use, provided that a conditional use is approved by the Board of Supervisors in accordance with the procedures listed in § 27-705 of this chapter, and the use complies with all supplemental development, design, and use regulations in this chapter:
4.
Accessory Uses. Accessory uses shall be permitted in accordance with § 27-302 of this chapter in addition to the following accessory use regulations specific to the Regional Commercial Zone:
5.
Lot Area Requirements. Unless otherwise specified, each use within this zone shall have a minimum lot size of five acres. For the purposes of this section, a "use" can include several businesses that are developed in a coordinated fashion (e.g., joint parking lots, access drives, loading areas, landscaping, signage, etc.) that functions as one development site and satisfies all of those requirements imposed upon this zone.
6.
Minimum lot width: 300 feet.
7.
Minimum Setback Requirements.
A.
Front Yard Setback. All buildings, structures (except permitted signs) and off-street loading areas shall be set back at least 50 feet from the street right-of-way lines. Off-street parking lots shall be set back at least 25 feet from street right-of-way lines.
B.
Side Yard Setbacks. All buildings and structures shall be set back at least 50 feet from the side lot lines. Off-street parking lots and loading areas shall be at least 25 feet from side lot lines unless joint parking facilities are shared by adjoining uses. In such instances, one of the required side yard setbacks can be excluded for parking lots only.
C.
Rear Yard Setback. All buildings and structures shall be set back at least 50 feet from the rear lot line. Off-street parking lots and loading areas shall be set back at least 25 feet.
D.
Residential Buffer Strip. Any lot adjoining land within a residential zone shall maintain a seventy-five-foot setback for buildings and structures, and a fifty-foot setback for off-street parking lots and loading areas, from the residentially zoned parcels. Such areas shall contain a fifty-foot-wide landscape strip and screen.
8.
Maximum permitted height: 45 feet.
9.
Maximum lot coverage: 60%.
10.
Outdoor Storage. Within the (I) Zone, outdoor storage is permitted, provided all outdoor storage areas are screened from adjoining roads and properties, and they comply with all of those setbacks specifically imposed thereon, listed in this section.
11.
Off-Street Loading. Off-street loading shall be provided as specified in § 27-313 of this chapter. In addition, no off-street loading area shall be permitted on any side of a building facing adjoining lands within 500 feet of a residential zone, nor any side of a building facing an adjoining street within 500 feet of the street. No part of the loading area including the loading dock and full length of the loading space shall be permitted within 500 feet of a residential zone or adjoining street.
12.
Off-Street Parking. Off-street parking shall be provided as specified in § 27-312 of this chapter.
14.
Access Drive Requirements. See § 27-311 of this chapter.
B.
Distance from Side Property Lines: 25 feet; provided, however, this setback can be excluded when a joint parking lot is shared by adjoining uses.
C.
No more than one access drive per lot frontage is permitted, except that lot frontages of more than 500 feet may contain one additional access drive so long as such access drives are separated by at least 300 feet, as measured from cartway edges, at the street line.
15.
Screening. A vegetative screen must be provided along any lands adjoining a residential zone, regardless of whether or not the residentially zoned parcel is developed. (See § 27-314.)
16.
Landscaping. Any portion of the site not used for buildings, structures, parking lots, loading areas and sidewalks shall be maintained with a vegetative ground cover and other ornamental plantings. A twenty-five-foot-wide landscape strip shall be provided along all property lines. Such landscape strip can be excluded for that portion of the site occupied by a joint parking lot, shared by adjoining uses. (See § 27-314.)
17.
Waste Products. Dumpsters used for domestic garbage may be permitted within the side or rear yard. All dumpsters shall be completely enclosed and visually screened on all sides with fencing and/or walls for the full height of the dumpster. All dumpsters shall be set back at least 100 feet from all lot lines.
18.
Commercial Operations Standards. All commercial operations shall be in compliance with any Commonwealth of Pennsylvania and/or federal government regulations, as required by the most recent regulations made available from these governmental bodies.
§ 27-206 Neighborhood Commercial Office Zone (NCO).
[Ord. No. 2015-01, 6/22/2015]
1.
Purpose. This zone promotes new commercial development and redevelopment of existing uses into commercial uses that coexist with existing residential, commercial, and office uses. The intent is to enhance the Business Route 30 corridor to establish a more corridor-friendly environment for future development and redevelopment. To encourage commercial uses, residential uses are only permitted in a mixed-use setting in which the residential use is located on the top floor in the same building as a commercial use. Uniformity of signage, facades, and enhancement of highway aesthetics is encouraged, where and when new development and redevelopment occur. Combination of existing lots is encouraged. Commercial and office uses within this zone shall be concentrated on the everyday needs of residents. Lot requirements in this zone facilitate small office uses and the establishment of locally oriented businesses. Offices and commercial uses located with the NCO Zone should have minimal impacts on the surrounding residentially zoned lands with focus on buffering and screening. Complimentary architecture styles, common and connected parking, and shared access drives are encouraged to create an overall feeling of cohesiveness and reduction in access points along Business Route 30 while encouraging pedestrian movements. The intent is to limit the number of driveway conflict points and ensure safe access by emergency vehicles as recommended in the September 2010 "Managing Access along U.S. 30 in Western Chester County" Study by the Delaware Valley Regional Planning Commission (DVRPC), when and where deemed feasible for new or modifications to existing land uses.
2.
Permitted Uses. The following principal uses and their accessory uses are permitted by right, provided the use complies with all supplemental development, design, and use regulations in this chapter:
A.
Offices.
B.
Medical and dental clinics.
C.
Restaurants (not including fast-food restaurants or nightclubs), bakeries, coffee shops, and similar uses provided the gross floor area is less 3,600 square feet.
D.
Retail store/sales and rental of goods, provided the gross floor area is less than 3,600 square feet.
E.
Personal service establishments.
F.
Public uses and public utilities.
G.
Studios and instructional facilities.
H.
Mixed use consisting of more than one category of permitted principal use within the principal structure in one of the following configurations provided that all parking requirements and other standards and requirements of this chapter shall be met for each use, as though it were on an individual lot:
3.
Special Exception Uses. The following principal uses and their accessory uses are permitted by special exception, provided that a special exception is approved by the Zoning Hearing Board in accordance with the procedures listed in § 27-605, Subsection 1C, of this chapter, and the use complies with all supplemental development, design, and use regulations in this chapter:
4.
Conditional Uses. The following principal uses and their accessory uses are permitted by conditional use, provided that a conditional use is approved by the Board of Supervisors in accordance with the procedures listed in § 27-705 of this chapter, and the use complies with all supplemental development, design, and use regulations in this chapter:
5.
Lot Area, Lot Width and Lot Coverage Requirements. See the following table:
Minimum Lot Area (square feet) | Minimum Lot Width (feet) | Maximum Lot Coverage |
|---|---|---|
20,000 | 75 | 60% |
6.
Minimum Setback Requirements. Principal and accessory uses.
A.
Front Yard Setback. All buildings and structures (except permitted signs) shall be set back a minimum of 20 feet from the street right-of-way.
B.
Side Yard Setback.
(1)
No side yard setback is required unless the side yard of the property abuts another zoning district or an existing residential use within the NCO zone. However, the property owner must be able to access the exterior side of all principal or accessory structures for maintenance for a ten-foot width extending the entire side face (length) of the structure. If any amount of the ten-foot access width extends onto another property, an access easement agreement must be properly drawn and executed by parties concerned, approved by and filed with the Township Solicitor and the Board of Supervisors, and recorded with the Chester County Office of the Recorder of Deeds for the respective amount of the required access width. For example, if a building is constructed six feet from a side lot line, a four-foot wide access easement is required on the adjacent property.
(2)
All buildings and structures shall be set back at least 15 feet from side lot lines abutting another zoning district.
(3)
All buildings and structures shall be set back at least 10 feet from side lot lines abutting an existing residential use within the NCO zone.
C.
Rear Yard Setback. All buildings and structures shall be set back at least 15 feet from the rear lot line. Off-street parking lots and loading areas shall be set back at least 10 feet.
7.
Maximum permitted height: 35 feet.
8.
Off-Street Loading. Off-street loading shall be provided as specified in § 27-313 of this chapter. In addition, off-street loading is only permitted within rear yards and shall be screened from residentially zoned parcels.
9.
Off-Street Parking. Off-street parking shall be provided as specified in § 27-312 of this chapter.
A.
Off-street parking lots are only permitted within rear yards.
B.
Off-street parking lots shall be screened from residentially zoned parcels.
C.
Off-street parking lots, loading areas, and access drives shall be set back at least 10 feet from side lot lines abutting another zoning district, unless joint parking facilities are shared by adjoining uses. Off-street parking lots, loading areas, and access drives shall be set back at least 10 feet from side lot lines abutting an existing residential use within the NCO zone.
D.
Common (Connected) Parking Lots. Whenever possible, two or more existing noncommercial uses or proposed uses located on separate lots shall provide for required parking in a common parking lot in accordance with the following (see Figure 27-1):
(1)
Parking lots, access drives, and interior drives shall be designed and constructed to allow for extension onto adjacent properties in the NCO zone for a future common parking lot without extensive regrading, swale removal, retaining wall modification, reconfiguration of parking lot access drives, landscape removal, etc.
(2)
Common Parking Lot Incentive. The area of curbing and pavement within the footprint of the required access drives and parking spaces for which an easement is provided for use as a common parking lot by an adjacent commercial property(ies) may be excluded from the lot coverage calculations for the property on which the shared portion of the access drive is located. The area of curbing and pavement within the footprint of parking spaces and the necessary access drives which exceeds the required number of parking spaces of a commercial use shall be included in the lot coverage for the property on which the additional area is located.
(3)
The total number of parking spaces in a common parking lot may be reduced by 20% from the sum of the spaces required for each use individually when approved by the Board of Supervisors.
(4)
Common parking lots shall not be utilized by residential uses that were existing at the time of adoption of this chapter.
(5)
Common parking shall not be extended to include contiguous lots or parts thereof which lie outside the NCO zone.
(6)
An access easement agreement for common parking lots shall be properly drawn and executed by parties concerned, approved by and filed with the Township Solicitor and the Board of Supervisors, and recorded with the Chester County Office of the Recorder of Deeds.
(7)
A written agreement assuring the retention of parking spaces for such common parking lots shall be properly drawn and executed by the parties concerned, approved by and filed with the Township Solicitor and the Board of Supervisors, and recorded with the Chester County Office of the Recorder of Deeds. Such agreement shall be rescinded by the Township and additional parking shall be obtained by the owner to meet the required standard in the following cases:
(a)
If the Township determines the parking results in a public nuisance or adversely affects the public health, safety, or welfare.
(b)
If at any time the parking is found in violation of any of the provisions of the agreement.
(c)
If the parking does not result in providing, or does not continuously provide, the approved amount of required parking.
(d)
If such agreement is changed, amended, or extinguished, without notice to and approval by the Township.
(e)
If there is a change in use requiring parking adjustments, changes to the agreement shall be required.
Figure 27-1: Common Parking Lots  |
E.
Off-Site Parking Lots. Required parking spaces may be accommodated in off-site parking lots within the NCO zone in accordance with the following criteria (see Figure 27-2):
(1)
The owner of a use or structure shall submit an application that includes a site plan and agreement showing joint use, agreement, maintenance, and ownership responsibility, and location of the off-site parking area.
(2)
Off-site parking lots shall not be utilized by existing residential uses.
(3)
The number of spaces fulfills the requirement for the use(s) for which the lot is designated to accommodate.
(4)
Pedestrian walkways or sidewalks for pedestrian safety are available to connect the off-site parking to the associated use(s).
(5)
The lot can be accessed by patrons where safe crossing streets is available, and the lot is located within 250 feet of the primary building of the associated use(s).
(6)
A written agreement assuring the retention of parking spaces for such off-site parking shall be properly drawn and executed by the parties concerned, approved by and filed with the Township Solicitor and the Board of Supervisors, and recorded with the Chester County Office of the Recorder of Deeds. Such agreement shall be rescinded by the Township and additional parking shall be obtained by the owner to meet the required standard in the following cases:
(a)
If the Township determines the parking results in a public nuisance or adversely affects the public health, safety, or welfare.
(b)
If, at any time the parking is found in violation of any of the provisions of the agreement.
(c)
If the parking does not result in providing, or does not continuously provide, the approved amount of required parking.
(d)
If such agreement is changed, amended, or extinguished, without notice to and approval by the Township.
(e)
If there is a change in use requiring parking adjustments, changes to the agreement shall be required.
Figure 27-2: Off-Site Parking Lots  |
F.
Shared Parking Lots. Required parking spaces may be accommodated by shared parking lots between different uses within the NCO zone, provided the following requirements are met and approved by conditional use:
(1)
The required parking spaces for a restaurant or other use of primarily evening operation, may be provided and used jointly by offices, retail stores, service establishments, and other similar uses with differing operating hours.
(2)
Shared parking lots shall not be utilized by residential uses that were existing at the time of adoption of this chapter.
(3)
In approving the sharing of parking, the Board of Supervisors shall consider, among other criteria and in accordance with § 27-312, the hours of operation of the uses that are sharing required parking spaces and the number of spaces involved. Appropriate conditions may be attached to ensure proper function and use of shared parking areas. Appropriate sources of data and information such as the Institute of Transportation Engineers (ITE) shall be used in determining shared parking ratios.
(4)
Shared or common parking lots shall be provided with appropriate signage indicating the buildings and/or uses for which the spaces are available.
(5)
An access easement agreement for shared parking lots shall be properly drawn and executed by parties concerned, approved by and filed with the Township Solicitor and the Board of Supervisors, and recorded with the Chester County Office of the Recorder of Deeds.
G.
Applicants shall reduce the number of access points from what would be required for two independent parking lots. However, common parking lots with 30 or more parking spaces shall have at least two access drives.
H.
Whenever possible, shared highway access and parking lots with interior sidewalks to buildings shall be provided, so as to minimize conflicting access and provide safety for pedestrians where shared parking across property lines is provided.
J.
Off-street parking facilities may include surface lots and structured parking.
11.
Access Drive Requirements. All access drives shall be in accordance with § 27-311 of this chapter.
A.
Shared Access Drive Incentive. The area of curbing and pavement within the footprint of an access drive for which an easement is provided for use as a shared entrance by an adjacent nonresidential use may be excluded from the lot coverage calculations for the property on which the shared portion of the access drive is located.
B.
Access drives shall not be utilized as a shared entrance with residential uses that were existing at the time of adoption of this chapter.
C.
An access easement agreement for common and shared parking lots shall be properly drawn and executed by parties concerned, approved by and filed with the Township Solicitor and the Board of Supervisors and recorded with the Chester County Office of the Recorder of Deeds.
D.
An access easement shall be prepared and signed by the property owner(s) at the time of development or redevelopment to document the property owner's agreement that the use of the access drive can be shared with adjacent properties within 50 feet of the subject property if/when those adjacent properties are developed or redeveloped and vehicular access is required. The executed easement shall be properly drawn and executed by parties concerned, approved by and filed with the Township Solicitor and the Board of Supervisors, and recorded with the Chester County Office of the Recorder of Deeds.
12.
Screening. A visual screen shall be provided along any adjacent residentially zoned parcels. It shall include screening of exterior site lighting by downward and directed shielding to avoid glare onto adjacent and abutting residentially zoned properties. Vegetated screening shall include both evergreen and deciduous planting stock. Fencing, as otherwise may be permitted, shall also be considered as screening if associated with vegetation and non-glare site lighting. Chain-link fencing shall not be permitted for screening.
13.
No fencing shall be permitted in front yards. Fencing shall not exceed six feet in all other yards.
14.
Landscaping. Any portion of the site not used for buildings, structures, parking lots, loading areas, outdoor storage areas and sidewalks shall be maintained with a vegetative ground cover and other ornamental plantings. Landscaping in front yards shall be provided to enhance the aesthetic value of the Business Route 30 corridor, but must meet sight distance requirements.
15.
Waste Products. Dumpsters used for domestic garbage may be permitted within the rear yard only. All dumpsters shall be completely enclosed and visually screened on all sides with fencing and/or walls for the full height of the dumpster. All dumpsters shall be set back at least 10 feet from all residential uses and residentially zoned parcels.
16.
All uses within this zone shall also comply with the applicable general provisions in Part 3 of this chapter.
17.
Commercial Operations Standards. All commercial operations shall be in compliance with any Commonwealth of Pennsylvania and/or federal government regulations, as required by the most recent regulations made available from these government bodies.
18.
Outdoor Storage. No outdoor storage is permitted.
§ 27-207 Industrial Zone (I).
[Ord. No. 2015-01, 6/22/2015]
1.
Purpose. This zone provides for a wide range of industrial activities that contribute to the well-being of the Township in a regional context by diversifying its economy and providing valuable employment opportunities. The required lot sizes have been kept small to accommodate the startup industries that are likely to emerge; however, larger and heavier industries have also been permitted. This zone provides for light industrial uses as permitted by right, but requires a conditional use approval for heavier and potentially more objectionable types of industrial uses. These areas have been located near existing public utility service areas and along major roads. Design standards have been imposed to create attractive site designs and moderate the objectionable impacts associated with industrial uses. Substantial setbacks are used to protect adjoining residences.
2.
Permitted Uses. The following principal uses and their accessory uses are permitted by right, provided the area of buildings on any one lot shall not exceed 100,000 square feet, and the use complies with all supplemental development, design, and use regulations in this chapter:
A.
Laboratories for medical, scientific or industrial research and development.
B.
Manufacturing, packaging, storage and/or wholesaling of the following:
(1)
Furniture, cabinets, fixtures, office supplies, and other household appointments.
(2)
Scientific, specialized and technical instruments and equipment.
(3)
Audiovisual components, computers, vending machines, electronic equipment and video games.
(4)
Finished textile products.
(5)
Brushes, brooms and combs.
(6)
Hot tubs, spas, saunas and swimming pools.
(7)
Jewelry and other precious metals.
(8)
Photographic, lighting and timekeeping equipment.
(9)
Small and major household appliances.
(10)
Musical instruments and sporting equipment.
(11)
Cosmetics, toiletries and pharmaceuticals.
(12)
Optical, dental, and medical supplies and equipment.
(13)
Small or novelty products from prepared materials (excluding the use of sheet metals).
E.
Bookbinding, printing and publishing operations.
F.
Machine shop.
G.
Repair shops for products permitted to be manufactured in this zone.
H.
Small engine repair shops.
I.
Welding shops.
J.
Sign makers.
K.
Offices.
L.
Public buildings and public utilities.
M.
Agricultural support businesses including:
N.
Vocational and mechanical trade schools.
O.
Convenience store.
3.
Conditional Uses. The following principal uses and their accessory uses are permitted by conditional use, provided that a conditional use is approved by the Board of Supervisors in accordance with the procedures listed in § 27-705 of this chapter, and the use complies with all supplemental development, design, and use regulations in this chapter:
A.
Any use, permitted under Subsection 2, in the event that all buildings on the lot exceed 100,000 square feet of building area, as well as any use that is similar in character and impact to those uses set forth in Subsection 2, provided that such use shall be considered a heavy industrial use and subject to the criteria set forth in § 27-425.
B.
Any other use, not the same as, but which is nevertheless similar in character and impact as those permitted uses listed above, provided that such use is approved as a conditional use according to the regulations contained within § 27-705 of this chapter.
C.
Heavy industrial uses involving processing, packaging, production, repair or testing of materials, foods, goods and products, including those industries performing conversion, assembly or nontoxic chemical operations. (See § 27-425.)
4.
Accessory Uses. Accessory uses shall be permitted in accordance with § 27-302 of this chapter in addition to the following accessory use specific to the Industrial Zone:
A.
Retail sales of products produced on site shall be a permitted accessory use provided the sales area is no more than 10% of the total building area.
5.
Lot Area Requirements. Unless otherwise specified, each use within this zone shall have a minimum lot size of 20,000 square feet.
6.
Minimum Lot Width: 100 feet.
7.
Minimum Setback Requirements. (Principal and accessory uses.)
A.
Front Yard Setback. All buildings, structures (except permitted signs), off-street loading areas, dumpsters, outdoor storage areas and parking lots shall be set back at least 30 feet from any adjoining right-of-way.
B.
Side Yard Setbacks. All buildings, structures (except permitted signs), dumpsters, and off-street loading areas, shall be set back at least 20 feet from any side property lines. All outdoor storage areas and off-street parking lots shall be set back at least 10 feet from any side lot lines unless joint parking lots and/or loading areas are shared by adjoining uses. In such instances, one of the side yard setbacks can be excluded solely for parking and/or loading facilities.
C.
Rear Yard Setback. All buildings, structures, dumpsters and off-street loading areas shall be set back at least 35 feet from any rear property lines. All outdoor storage areas and off-street parking lots shall be set back at least 25 feet from any rear lot lines.
D.
Residential Buffer Strip. Any use adjoining land within a residential zone, or across a road from land within a residential zone, shall maintain a seventy-five-foot setback for buildings, structures, dumpsters, outdoor storage areas and off-street loading areas from the residential zone. Off-street parking lots shall be set back at least 50 feet from adjoining residentially zoned properties. All of these setback areas shall be devoted to landscaping. (See § 27-313.)[1]
[1]
Editor's Note: Former Subsection 7E, Accessory Permitted Structural Height, which immediately followed this subsection, was repealed Ord. No. 02-2023, 2/21/2023.
E.
Accessory Permitted Structural Height. These facilities can be developed in any side or rear yard to within 50 feet of any property line.
8.
Maximum Permitted Structural Height. The height of any principal or accessory structure shall not exceed 35 feet, except that chimneys, flagpoles, water tanks and other mechanical appurtenances may be built to a height not exceeding 75 feet above the finished grade when erected upon or as an integral part of a building. All structures extending above 40 feet from grade (except permitted signs) shall be set back a distance at least equal to their height from all property lines.
9.
Maximum lot coverage: 65%.
10.
Off-Street Loading. Off-street loading shall be provided as specified in § 27-313 of this chapter. In addition, no off-street loading area shall be permitted on any side of a building facing adjoining lands within 500 feet of a residential zone, nor any side of a building facing an adjoining street within 500 feet of the street. No part of the loading area including the loading dock and full length of the loading space shall be permitted within 500 feet of a residential zone or adjoining street. All loading areas must be screened from adjoining residential zones.
11.
Off-Street Parking. Off-street parking shall be provided as specified in § 27-312 of this chapter.
13.
Access Drive Requirements. All access driveways shall be in accordance with § 27-311 of this chapter.
14.
Screening. A visual screen must be provided along any lands adjoining a residential zone, regardless of whether or not the residentially zoned parcel is developed. (See § 27-314 of this chapter.)
15.
Landscaping.
A.
Any portion of the site not used for buildings, structures, parking lots, loading areas, outdoor storage areas and sidewalks shall be maintained with a vegetative ground cover and other ornamental plantings. (See § 27-314 of this chapter.)
B.
A minimum twenty-foot-wide landscape strip shall be provided along all property lines. Such landscape strip can be excluded for that portion of the site occupied by a joint parking lot and/or loading area shared by adjoining uses.
16.
Waste Products. Dumpsters used for domestic garbage may be permitted within the side or rear yard. All dumpsters shall be completely enclosed and visually screened on all sides with fencing and/or walls for the full height of the dumpster. All dumpsters shall be set back at least 75 feet from all lot lines.
17.
All uses permitted within this zone shall also comply with the general provisions in Part 3 of this chapter.
18.
Industrial Operations Standards. All industrial operations shall be in compliance with any Commonwealth of Pennsylvania and/or federal government regulations, as required by the most recent regulations made available from these governmental bodies.
19.
Outdoor Storage. Within the (I) Zone, outdoor storage is permitted, provided all outdoor storage areas are screened from adjoining roads and properties and they comply with all of those setbacks specifically imposed thereon listed in this section.
§ 27-208 Planned Development Zone (PD).
[Ord. No. 2015-01, 6/22/2015; as amended by Ord. No. 2018-01, 5/16/2018; Ord. No. 2019-06, 9/3/2019; and by Ord. No. 03-2023, 5/2/2023]
1.
Purpose. This zone seeks to accommodate and promote mixed-use employment centers at suitable suburban locations. A wide range of office, research, light industry, warehousing and related commercial services are permitted to encourage the provision of new economic activities within the Township in a regional context. Lot area requirements have been established to allow for the startup of new businesses that could not afford to purchase expansive plant sites. Design standards have been imposed to maintain an attractive campus-like setting within the zone and as viewed from adjoining roads and areas. In order to achieve mixed-use employment centers within the zone, multifamily development is permitted by conditional use in limited locations to integrate high-density residential housing within these centers. Special planning-review procedures and standards have been imposed to assure an integrated development pattern that is functional, efficient and attractive. Sustainability measures and best practices including provisions for renewable energy are encouraged. Finally, strict screening and buffering regulations are aimed at protecting adjoining residential areas.
2.
Permitted Uses. The following principal uses and their accessory uses are permitted by right, provided the use complies with all supplemental development, design, and use regulations in this chapter:
A.
Offices.
B.
Laboratories for medical, scientific or industrial research and development.
D.
Assemblage of furniture from prefinished parts and materials.
E.
The stamping or extrusion of small metal or plastic products.
F.
The packaging of small products.
G.
Bookbinding, photocopying, printing and publishing operations.
H.
Beverage bottling or distributing.
I.
Hospitals, medical or dental clinics (not including group care facilities), and further provided that no overnight accommodations be located within the 60 and greater decibel noise contour zone(s) for the Chester County Airport as identified on the current Chester County Airport Map.
J.
Studios and instructional facilities.
K.
Retail store/sales.
L.
Health and recreation clubs, provided no outdoor activity area shall be within 100 feet of any property line and any accessory uses are not directly accessible without passing through the clubhouse.
M.
Hotels and motels.
N.
Restaurants and taverns (not including nightclubs).
P.
Private schools.
Q.
Airports.
S.
Aircraft and aviation training facilities.
T.
Rental car businesses not including rental of moving trucks, box trucks, or trailers.
U.
Limousine and chauffeur dispatch facilities.
V.
Emergency medevac facilities.
W.
Firefighting, emergency medical technician (EMT), and ambulance facilities.
X.
Passive recreation and parks.
Y.
Convenience store.
BB.
Indoor recreation facilities, except for riding academies or stables, subject to the standards listed in § 27-415.
EE.
Grocery store.
3.
Special Exception Uses. The following principal uses and their accessory uses are permitted by special exception, provided that a special exception is approved by the Zoning Hearing Board in accordance with the procedures listed in § 27-605, Subsection 1C, of this chapter, and the use complies with all supplemental development, design, and use regulations in this chapter:
4.
Conditional Uses. The following principal uses and their accessory uses are permitted by conditional use, provided that a conditional use is approved by the Board of Supervisors in accordance with the procedures listed in § 27-705 of this chapter, and the use complies with all supplemental development, design, and use regulations in this chapter:
5.
Minimum lot area: two acres.
6.
Minimum lot width: 150 feet as measured at the building setback line for nonresidential uses.
7.
Maximum Building and Lot Coverage. No more than 50% of the total lot area may be covered by a building or buildings, and no more than 70% of the lot shall be covered by impervious surfaces.
8.
Minimum Front Yard. No building shall be located closer than 50 feet from any adjoining street right-of-way line.
9.
Minimum side yard: 35 feet total with no less than 15 feet on either side.
10.
Minimum rear yard: 30 feet.
11.
Maximum permitted height: 40 feet, except that the height of a building may exceed this requirement if one foot of additional required setback is applied to each yard for each additional foot of building height above 40 feet, and adequate fire protection is assured to all floors of the building.
12.
Minimum Landscape Strip. Each lot developed in this district shall include a minimum ten-foot-wide landscape strip along all lot lines. Such landscape strip shall be used solely for the location of ornamental landscaping, including a combination of vegetative materials such as trees, shrubs, and ground cover. However, this required landscape strip can be excluded along one side or rear lot line for that area devoted to a joint parking lot shared by adjoining uses. In this instance, the area of required landscape strip shall be relocated elsewhere on the site.
13.
Minimum Interior Landscaping. In addition to the required landscape strip described above, no less than 10% of the total lot area shall be devoted to interior landscaping. Interior landscaping shall be dispersed throughout off-street parking lots and around proposed structures. Interior landscaping shall include a combination of vegetative materials, including trees, shrubs and ground cover.
14.
Outdoor Storage. No outdoor storage (including, but not limited to, commercial trucks) is permitted within the front yard. All outdoor storage areas shall be completely enclosed by a six-foot-high fence or wall. In addition, the outdoor storage areas and fence and/or wall shall be screened from adjoining roads and properties. If materials are stacked or piled above a height of six feet, additional vegetative screening height shall also be provided to assure visual blockage of such materials from adjoining roads and properties. Outdoor storage shall exclude any hazardous and combustible materials and shall be in compliance with all Township property maintenance and construction hours of operation.
15.
Buffer Strip. Along any C Zone or residential zone, a buffer yard of not less than 50 feet in width shall be provided which shall be landscaped and on which shall be placed shrubbery, trees or other suitable plantings sufficient to constitute an effective screen between the PD and adjacent area. Screening shall be defined as described in § 27-314 of this chapter.
16.
Off-Street Loading. Off-street loading shall be provided as specified in § 27-313 of this chapter.
17.
Off-Street Parking. Off-street parking shall be provided as specified in § 27-312 of this chapter.
19.
Access Drive Requirements. All access drives shall be in accordance with § 27-311 of this chapter.
20.
Waste Products. Dumpsters used for domestic garbage may be permitted within the side or rear yard. All dumpsters shall be completely enclosed and visually screened on all sides with fencing and/or walls for the full height of the dumpster. All dumpsters shall be set back at least 50 feet from all lot lines.
21.
All uses permitted within this zone shall also comply with the general provisions in Part 3 of this chapter.
22.
Commercial Operations Standards. All commercial operations shall be in compliance with any Commonwealth of Pennsylvania and/or federal government regulations, as required by the most recent regulations made available from these governmental bodies.
23.
Special Review Procedures. Within the PD Zone, the following two-stage development review process shall be employed:
A.
Stage 1 - Concept Master Plan.
(1)
Prior to, or coincidental with, the approval of a land development for any use or for development of any area contained within the PD Planned Development Zone, a concept master plan shall be approved by the Board of Supervisors after review by the Township Planning Commission. The Township Planning Commission shall provide its recommendation to the Board of Supervisors within 30 days after receipt of the submission of the concept master plan application; should the Township Planning Commission fail to make such recommendations within this time frame, the Board of Supervisors may render its decision without receipt of the Planning Commission's recommendations. Such concept master plan shall be submitted by the applicant and shall include a textual and/or graphic description of the following items:
(a)
The location, boundaries, dimensions, acreage and ownership of the land to be included within the proposed use.
(b)
The general types and mixture of uses proposed for the site. (If possible, a schematic drawing of proposed use types shall be provided.)
(c)
The road network contained upon the site including major points of access, intersections and any traffic improvements proposed to accommodate the proposed use.
(d)
The name, location, center line and present right-of-way width of all abutting streets.
(e)
Physical characteristics of the site including areas with slopes exceeding 15%, the 100-year floodplain, wetlands, endangered or threatened species, habitats, archaeological resources, historic sites and significant stands of mature trees.
(f)
Any regional facilities that are proposed and will serve more than one lot within the proposed development. Such facilities may include stormwater management devices, open space areas, pedestrian pathways, railroad sidings, sewer or water utilities, etc.
(g)
Other information illustrating that the basic concept of the proposed uses is well integrated, functional, efficient and attractive.
(2)
Notwithstanding the foregoing, where the use proposed by an applicant is permitted by conditional use, the concept master plan may be submitted as part of the conditional use application, rather than proceeding as a separate submission.
B.
Stage 2 - Site Development Plan.
(1)
Prior to the granting of any building permit for a use within the PD Planned Development Zone, a site development plan shall be reviewed by the Township Engineer. Should the Engineer determine that the site development plan does not comply with the approved concept master plan, or any applicable regulation, the Zoning Officer shall deny the permit. Such site development plan shall include the following:
(a)
Any information necessary to demonstrate compliance with all applicable regulations contained within this chapter.
(b)
A textual and graphic description of how the proposed use(s) complies with the concept master plan approved for the proposed development.
(c)
The stormwater management calculations and information necessary to demonstrate compliance with Chapter 20.1, Stormwater Management; all information regarding stormwater management that has been approved for prior site development within the overall concept master plan.
(d)
Information demonstrating compliance with the approved land development plan for the proposed use.
§ 27-209 Airport Safety Zones.
[Ord. No. 2015-01, 6/22/2015]
1.
Purpose. The purpose of this section is to create an airport district overlay that considers safety issues around the G.O. Carlson Airport, regulates and restricts the heights of constructed structures and objects of natural growth, creates appropriate zones, establishing the boundaries thereof and providing for changes in the restrictions and boundaries of such zones, creates the permitting process for use within said zones and provides for enforcement, assessment of violation penalties, an appeals process, and judicial review.
2.
Relation to Other Zone Districts. The Airport District Overlay shall not modify the boundaries of any underlying zoning district. Where identified, the Airport District Overlay shall impose certain requirements on land use and construction in addition to those contained in the underlying zoning district.
3. AIRPORT AIRPORT ELEVATION AIRPORT HAZARD AIRPORT HAZARD AREA APPROACH SURFACE (ZONE) CONICAL SURFACE (ZONE) DEPARTMENT FAA HEIGHT HORIZONTAL SURFACE (ZONE) LARGER-THAN-UTILITY RUNWAY NON-PRECISION-INSTRUMENT RUNWAY NONCONFORMING USE OBSTRUCTION PRECISION INSTRUMENT RUNWAY PRIMARY SURFACE (ZONE) RUNWAY STRUCTURE TRANSITIONAL SURFACE (ZONE) TREE UTILITY RUNWAY VISUAL RUNWAY
Definitions. The following words and phrases when used in this section shall have the meaning given to them in this section unless the context clearly indicates otherwise.
The Chester County G.O. Carlson Airport, 1 Earhart Drive, Coatesville (Valley Township), Chester County, Pennsylvania.
The highest point of an airport's usable landing area measured in feet above sea level. The airport elevation of the airport is 660 feet above sea level.
Any structure or object, natural or man-made, or use of land which obstructs the airspace required for flight or aircraft in landing or taking off at an airport or is otherwise hazardous as defined in 14 CFR Part 77 and 74 Pa.C.S.A. § 5102.
Any area of land or water upon which an airport hazard might be established if not prevented as provided for in this section and the Act 164 of 1984 (Pennsylvania Laws Relating to Aviation).[1]
An imaginary surface longitudinally centered on the extended runway center line and extending outward and upward from each end of the primary surface. An approach surface is applied to each end of the runway based on the planned approach. The inner edge of the approach surface is the same width as the primary surface and expands uniformly depending on the planned approach. The approach surface zone, as shown on Figure 27-3, is derived from the approach surface.
An imaginary surface extending outward and upward from the periphery of the horizontal surface at a slope of 20 feet horizontally to one foot vertically for a horizontal distance of 4,000 feet. The conical surface zone, as shown on Figure 27-3, is based on the conical surface.[2]
Pennsylvania Department of Transportation.
Federal Aviation Administration of the United States Department of Transportation.
For the purpose of determining the height limits in all zones set forth in this section and shown on the Zoning Map, the datum shall be mean sea level elevation unless otherwise specified.
An imaginary plane 150 feet above the established airport elevation that is constructed by swinging arcs of various radii from the center of the end of the primary surface and then connecting the adjacent arc by tangent lines. The radius of each arc is based on the planned approach. The horizontal surface zone, as shown on Figure 27-3, is derived from the horizontal surface.
A runway that is constructed for and intended to be used by propeller-driven aircraft of greater than 12,500 pounds maximum gross weight and jet-powered aircraft.
A runway having an existing instrument approach procedure utilizing air navigation facilities with only horizontal guidance, or area type navigation equipment, for which a straight-in nonprecision instrument approach procedure has been approved or planned.
Any preexisting structure, object of natural growth, or use of land which is inconsistent with the provisions of this section or an amendment thereto.
Any structure, growth, or other object, including a mobile object, which exceeds a limiting height set forth by this section.
A runway having an existing instrument approach procedure utilizing an Instrument Landing System (ILS) or a Precision Approach Radar (PAR). It also means a runway for which a precision approach system is planned and is so indicated on an approved airport layout plan or any other planning document.
An imaginary surface longitudinally centered on the runway, extending 200 feet beyond the end of paved runways or ending at each end of turf runways. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway center line. The primary surface zone, as shown on Figure 27-3, is derived from the primary surface.[3]
A defined area of an airport prepared for landing and takeoff of aircraft along its length.
An object, including a mobile object, constructed or installed by man, including but without limitation, buildings, towers, cranes, smokestacks, earth formation and overhead transmission lines.
An imaginary surface that extends outward and upward from the edge of the primary surface to the horizontal surface at a slope of seven feet horizontally to one foot vertically. The transitional surface zone, as shown on Figure 27-3, is derived from the transitional surface.
Any object of natural growth.
A runway that is constructed for and intended to be used by propeller driven aircraft of 12,500 pounds maximum gross weight or less.
A runway intended solely for the operation of aircraft using visual approach procedures.
[1]
Editor's Note: See 74 Pa.C.S.A. § 5911 et seq.
[2]
Editor's Note: Figure 27-3 is included as an attachment to this chapter.
[3]
Editor's Note: Figure 27-3 is included as an attachment to this chapter.
4.
Establishment of Airport Zones. There are hereby created and established certain zones within the Airport District Overlay, defined in Subsection 3 and depicted on Figure 27-3[4] and illustrated on Airport Hazard Area Map, hereby adopted as part of this section, which include:
A.
Approach Surface Zone.
B.
Conical Surface Zone.
C.
Horizontal Surface Zone.
D.
Primary Surface Zone.
E.
Transitional Surface Zone.
[4]
Editor's Note: Figure 27-3 is included as an attachment to this chapter.
5.
Permit Applications.
A.
As regulated by Act 164 and defined by 14 Code of Federal Regulations Part 77.13(a) (as amended or replaced), any person who plans to erect a new structure, to add to an existing structure, or to erect and maintain any object (natural or man-made), in the vicinity of the airport, shall first notify: (1) the Department's Bureau of Aviation (BOA) by submitting PennDOT Form AV-57 to obtain an obstruction review of the proposal at least 30 days prior to commencement thereof; and (2) the FAA by submitting FAA Form 7460-1 to obtain an obstruction review of the proposal prior to the commencement thereof. The permit application must be accompanied with both: (1) the Department's BOA response; and (2) the FAA's response to be considered complete. If the Department's BOA and the FAA both return a determination of no penetration of airspace, the permit application should be considered in compliance with the intent of this overlay ordinance. If the Department's BOA and/or the FAA return a determination of a penetration of airspace, the permit shall be denied, and the project sponsor may seek a variance from such regulations as outlined in Subsection 6 of this section.
B.
No permit is required to make maintenance repairs to or to replace parts of existing structures which do not enlarge or increase the height of an existing structure.
6.
Variance.
A.
Any request for a variance shall include documentation in compliance with 14 Code of Federal Regulations Part 77, Subpart B (FAA Form 7460-1, as amended or replaced). Determinations of whether to grant a variance will depend on the determinations made by the FAA and the Department's BOA as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable air space. In particular, the request for a variance shall consider which of the following categories the FAA has placed the proposed construction in:
(1)
No objection: The subject construction is determined to not exceed obstruction standards and marking/lighting is not required to mitigate potential hazard. Under this determination a variance shall be granted.
(2)
Conditional determination: The proposed construction/alteration is determined to create some level of encroachment into an airport hazard area which can be effectively mitigated. Under this determination, a variance shall be granted contingent upon implementation of mitigating measures as described in Subsection 9 of this section.
(3)
Objectionable: The proposed construction/alteration is determined to be a hazard and is thus objectionable. A variance shall be denied and the reasons for this determination shall be outlined to the applicant.
B.
Such requests for variances shall be granted where it is duly found that a literal application or enforcement of the regulations will result in unnecessary hardship and that relief granted will not be contrary to the public interest, will not create a hazard to air navigation, will do substantial justice, and will be in accordance with the intent of this section.
7.
Use Restrictions. Notwithstanding any other provisions of this section, no use shall be made of land or water within the Airport District Overlay in such a manner as to create electrical interference with navigational signals or radio communications between the airport and aircraft, make it difficult for pilots to distinguish between airport lights and others, impair visibility in the vicinity of the airport, create bird strike hazards or otherwise endanger or interfere with the landing, takeoff or maneuvering of aircraft utilizing the G.O. Carlson Airport.
8.
Preexisting Nonconforming Use. The regulations prescribed by this section shall not be construed to require the removal, lowering, or other change or alteration of any structure or tree not conforming to the regulations as of the effective date of this section, or otherwise interfere with the continuance of a nonconforming use. No nonconforming use shall be structurally altered or permitted to grow higher, so as to increase the nonconformity, and a nonconforming use, once substantially abated (subject to the underlying zoning ordinance), may only be reestablished consistent with the provisions herein.
9.
Obstruction Marking and Lighting. Any permit or variance granted pursuant to the provisions of this section may be conditioned according to the process described in Subsection 6 of this section to require the owner of the structure or object of natural growth in question to permit the municipality, at its own expense, or require the person requesting the permit or variance, to install, operate, and maintain such marking or lighting as deemed necessary to assure both ground and air safety.
12.
Conflicting Regulations. Where there exists a conflict between any of the regulations or limitations prescribed in this section and any other regulation applicable to the same area, the more stringent limitation or requirement shall govern and prevail.
13.
Severability. If any of the provisions of this section or the application thereof to any person or circumstance are held invalid, such invalidity shall not affect other provisions or applications of the section which can be given effect without the invalid provision or application, and to this end, the provisions of this section are declared to be severable.
§ 27-210 Multiple-Family Residential Overlay Option Zone (MFR).
[Ord. No. 2015-01, 6/22/2015]
1.
Purposes. This zone creates an overlay district development option that facilitates multiple-family dwelling development within Valley Township and seeks to both promote and encourage the development of a suburban center with integrated and unified commercial and residential developments in a manner consistent with the Township and Chester County Comprehensive Plans and the Township's Community Development Objectives as set forth in this chapter. The area within the overlay district has been identified due to its proximity to existing retail/commercial, industrial, employment and office complexes, regional transportation facilities such as regional airports, limited access arterial highways, major arterial highways and collector roads, and by the availability of public utilities.
2.
Applicability. Property located within the MFR Overlay District Option Zone may be developed in accordance with either the regulations of the MFR Overlay District Option Zone or the regulations of the underlying zoning district. If property located within the MFR Overlay District Option Zone is developed in accordance with the regulations of the MFR Overlay District Option Zone, then the regulations of the MFR Overlay District Option Zone shall supersede the regulations of the underlying zoning district, which shall not apply except as otherwise stated or set forth in this § 27-210.
3.
Permitted Uses.
A.
Multiple-family dwellings.
B.
Accessory uses, including management offices, private indoor recreation facility not including riding academies or stables, passive recreational uses, play areas, wading pools and swimming pools, and other accessory uses customarily incidental and subordinate to the above permitted uses, provided that all accessory uses are restricted to use by residents and/or property owners within the development and their guests and prospective residents.
4.
Design Standards.
A.
Multiple-Family Residential Overlay District uses shall comply with the applicable requirements set forth in the table and table notes below.
B.
All dwelling units within an MFR Overlay District Option Zone shall be served by public sewer and public water.
C.
All buildings and off-street parking and loading areas within an MFR Overlay District Option Zone development shall be set back at least 100 feet from any adjacent land within a residential district and/or from an adjacent road or street which is external to the development. Fifty feet of such setback shall be used for a landscaped buffer strip to include a variety of vegetative materials including trees, shrubs and ground cover in accordance with § 27-314, Subsection 2. A vegetative screen-consisting of evergreen trees in accordance with § 27-314, Subsection 3, except that the screening height shall be 10 feet rather than six feet, and with § 27-314, Subsection 4, shall be provided along any property line adjacent to a residential zone or residential use and/or adjacent to a road or street which is external to the development. The screen shall consist of evergreen trees of not less than eight feet in height at the time of planting and shall be planted staggered in two rows. Alternatively, off-street parking and loading areas shall be permitted within the above-referenced one-hundred-foot setback when a fifty-foot landscaped buffer strip is provided which includes a six-foot-high earthen berm with the area of highest elevation as close as practicable to the property line. Also, a vegetative screen consisting of evergreen trees and shrubs shall be provided atop the above-described berm arranged to form both a low-level and a high-level screen. The high-level screen shall consist of evergreen trees of not less than six feet in height at the time of planting and shall be planted staggered in two rows. Screening shall be planted in accordance with § 27-314, Subsections 3 and 4 of this chapter.
D.
Access to and from an MFR Overlay District Option Zone development shall be designed to prevent, to the extent considered practicable by the Board of Supervisors, increased traffic on that portion of any minor street through an existing residential development.
E.
At least 30% of the lot area of a multiple-family residential development shall be devoted to common open space. No more than 40% of the common open space requirement can be satisfied by slopes exceeding 15% and/or by wetlands.
(1)
Required common open space shall be designed and arranged to achieve at least two of the following objectives, and the applicant shall demonstrate those specific measures employed to achieve these objectives:
(a)
Protection of important natural resources (e.g., streams, ponds, wetlands, steep slopes, woodlands, unique geologic features, wildlife habitats, aquifer recharge areas, etc.).
(b)
Protection of important historical and/or archeological sites.
(c)
Provision of usable play, recreation and/or community facilities areas that are conveniently accessible to residents of the Township's suburban center.
(d)
Integration of green belts throughout the Multiple-Family Residential Overlay District that link residential areas with on-site or adjoining parks, schools or other community facilities and retail commercial areas.
(2)
Provision of usable play, recreation and/or community facilities within the development shall be considered an integral part of the development. Common open space shall be for the use and benefit of residents and owners within the development and their guests and prospective residents. At least an additional 25% of the lot area of the Multiple-Family Residential Overlay District development in a contiguous parcel (open space for dedication) shall be offered for dedication to Valley Township so that the land is accessible to all residents of Valley Township. This land shall be suitable for its intended purpose and no more than 10% of said area shall be constrained by slopes over 15% and/or by wetlands. At the discretion of the Board of Supervisors, the amount of land to be dedicated to the Township or available for use by Township residents may be reduced if the applicant sponsors recreational or other community improvements elsewhere within the Township. In this situation, the remainder of this required parcel shall then become common open space for the use and benefit of residents and owners within the development and their guests and prospective residents.
(3)
Common Open Space.
(a)
In the event that the Board of Supervisors does not accept dedication of all of the open space for dedication within a multiple-family residential development, that portion not accepted by the Township shall become common open space. The landowner shall provide maintenance for or establish an organization for the ownership and maintenance of the common open space. Any such organization established shall not be dissolved nor shall it dispose of the common open space, by sale or otherwise (except to an organization conceived and established to own and maintain the common open space), except by dedication of the same to the public. Any such organization provided for the ownership of common open space, not dedicated for public use, shall consist of the property owners within the multiple-family residential development. The plan for the ownership and maintenance of the common open space by such organization may provide that the property owners association may lease back open space lands to the developer, his heirs or assigns, or to any other qualified person, or corporation, for operation and maintenance of common open space, but such a lease agreement shall provide that:
(b)
The form of the lease shall be subject to the approval of the Board of Supervisors, and any transfer or assignment of the lease shall be further subject to the approval of the Board of Supervisors. Lease agreements so entered upon shall be recorded with the Recorder of Deeds of Chester County within 30 days of their execution and a copy of the recorded lease shall be filed with the Secretary of the Township.
(4)
The plan to provide for the ownership and maintenance of common open space shall include:
(a)
A complete description of the organization to be established for the ownership of common open space, if any, and the methods by which this organization shall be established and maintained.
(b)
A method reasonably designed to give adequate notice to property owners within the multiple-family residential development in the event of the sale or other disposition of common open space lands, and in the event of assumption of the maintenance of common open space lands by the Township as hereinafter provided.
(5)
In the event that the landowner, or any successor organization, fails to maintain the undedicated common open space in reasonable order and condition in accordance with the approved development plan, the Board of Supervisors may proceed to demand that the deficiencies of maintenance be corrected or that the Township will enter upon and maintain the same. The Board of Supervisors shall serve written notice upon the owner of the common open space setting forth the manner in which the owner has failed to maintain the common open space in reasonable condition. The cost of such maintenance by the Township shall be assessed against the property or properties within the multiple-family residential development that have a right of enjoyment of the common open space, and shall become a lien on said properties. The Township, at the time of entering upon said common open space for the purpose of maintenance, shall file a notice of lien in the office of the Prothonotary of the County upon the properties affected by the lien within the multiple-family residential development.
§ 27-211 West Lincoln Highway Corridor Overlay District.
[Ord. No. 06-2024, 11/19/2024]
1.
Purpose. This zone creates an overlay district to promote the streetscaping, pedestrian accessibility and safety, and traffic calming within the West Lincoln Highway Corridor in accordance with the West Lincoln Highway Corridor Master Plan, dated February 6, 2024.
2.
Relation to Other Zone Districts. The West Lincoln Highway Corridor Overlay District shall not modify the boundaries of any underlying zoning district. Where applicable, the West Lincoln Highway Corridor Overlay District shall impose certain requirements on land use and construction in addition to those contained in the underlying zoning district. Where conflict between the requirements of the West Lincoln Highway Corridor Overlay District and the underlying zoning district exists, the requirements of the West Lincoln Highway Corridor Overlay District will supersede the requirements of the underlying zoning district.
3.
Applicability. The West Lincoln Highway Corridor Overlay District shall apply to all property located within the overlay district as shown on the Zoning Map.
4.
Design Standards. The design standards for the West Lincoln Highway Corridor Overlay District shall be in accordance with § 22-617 of Chapter 22, Subdivision and Land Development, unless a waiver from the requirements of the Subdivision and Land Development ordinance is obtained from the Board of Supervisors.