West Brandywine Township
City Zoning Code
City Zoning Code
ARTICLE XIV
General Standards
§ 200-77 Applicability.
Unless otherwise noted, the standards established under this article are applicable to all districts.
§ 200-78 Reduction of lot area and dimensions.
No lot shall be so altered or reduced that the area of the lot or its dimensions become less than the minimum standards herein prescribed by the applicable zoning district.
§ 200-79 Required yard area calculation.
No required yard area surrounding any principal building or structure shall be considered in the calculation for the yard or other open spaces for another principal building or structure.
§ 200-80 Front yard setback requirements by road classification.
The following front yard setback requirements shall apply to any lot abutting any of the following classes of roads in the Township. In such cases, the provisions of this section shall supersede the minimum front yard setbacks prescribed under the district the lot is situated.
Street Class | Applicable Streets | Road Number | Minimum Front Yard Setback |
|---|---|---|---|
Arterial | Route 322 | LR 137 | 80 feet |
Route 82 | LR 371 | ||
Collector | Cedar Knoll Rd. | LR 15121 | 60 feet |
Reeceville Road | LR 15121 | ||
Hibernia Road | LR 15123 | ||
Springton Road | LR 15154 | ||
Swinehart Road | LR 15186 | ||
Little Washington Lyndell Road[1] | LR 15186 |
[1]
Edittor's Note: Former Section 1404, Front Yard Setback Reduction, which immediately followed this section, was repealed 2-5-1987 by Ord. No. 87-01.
§ 200-81 Projections into required yard areas.
All required yard areas for principal structures shall be unobstructed except for overhangs such as open trellis, unroofed steps and terraces, and alternative energy system components. Such projections shall be confined to the lot on which they are located and shall not require structural support within yard area.
§ 200-82 Building height exception.
[Amended 2-2-2017 by Ord. No. 2017-01]
The maximum building height limitation established by this chapter may be exceeded by one foot for each foot of depth added to each side yard beyond the minimum requirement. Under no circumstances shall any building exceed 40 feet in height. Height restrictions established by this section shall not apply to structures specified within § 200-83, barns and silos for agricultural use, church steeples, chimneys, flagpoles and other structures built above the roof, and not devoted to human occupancy, provided the minimum setback for such structures from any lot line is a distance equal to or greater than the proposed height.
§ 200-83 Accessory buildings and structures.
[Amended 7-18-2002 by Ord. No. 02-04; 8-20-2009 by Ord. No. 2009-07; 2-2-2017 by Ord. No. 2017-01; 1-16-2020 by Ord. No. 2020-01; 8-7-2025 by Ord. No. 2025-04]
A.
Residential accessory buildings and structures.
(1)
Minor residential accessory buildings and structures. Minor accessory buildings less than 400 square feet and swimming pools on residential lots shall be erected in side or rear yards and are permitted in front yard areas on corner lots only. Such structures shall be set back a minimum of 10 feet from side and rear property lines; sheds placed in front yard areas on corner lots must be a minimum of 20 feet from adjacent lot lines and may not be placed in the required front yard area. Recognizing that on corner lots there are two front yards, the provisions of this section permitting accessory structures and swimming pools in the front yard shall be limited only to the front yard facing the street where the principal door servicing the dwelling is not located. Accessory structures shall occupy a maximum of 20% of any required yard area; minor residential accessory structures shall have a maximum building height of 25 feet measured from the average grade to the highest point of the structure. Accessory residential buildings shall include, but not be limited to, swimming pools and structures categorized as minor accessory buildings, such as noncommercial greenhouses, tool sheds, detached garages, and similar structures.
(2)
Residential accessory buildings (not including swimming pools) with a footprint greater than 400 square feet on residential lots shall be erected in side or rear yards and are permitted in front yard areas on corner lots only. Such structures shall be set back a minimum of 20 feet from side and rear property lines; structures placed in front yard areas on corner lots may not be placed in the required front yard area. Recognizing that on corner lots there are two front yards, the provisions of this section permitting accessory structures in the front yard shall be limited only to the front yard facing the street where the principal door servicing the dwelling is not located. Accessory structures shall occupy a maximum of 20% of any required yard area; accessory structures shall have a maximum building height of 25 feet measured from the average grade to the highest point of the structure. Accessory residential buildings shall include, but not be limited to, noncommercial greenhouses, tool sheds, detached garages, and similar structures.
B.
Nonresidential accessory buildings and structures. Nonresidential accessory buildings and structures shall comply with the same setbacks as applied to principal buildings, except as provided herein. Accessory structures shall be permitted in the side or rear yard areas only, except that gasoline canopies associated with an approved principal use or a use accessory to an approved principal use may be erected in the front yard by conditional use approval of the Board, provided the applicant demonstrates that the design and location of the canopy: (a) is protected from traffic through use of adequate buffering (e.g., bollards), if deemed necessary by traffic or safety consultants; (b) does not impair sight distance of traffic; (c) does not create glare or light pollution onto adjacent residential properties; and (d) is compatible with the design of the facade of the principal building. Accessory structures shall occupy a maximum of 40% of the side, rear, and front yard (in the case of gasoline canopies approved by conditional use) in the aggregate, and shall not exceed 25 feet in height measured from the average grade to the highest point of the structure. Gasoline canopies shall be set back a distance of at least 60 feet (measured from the legal right-of-way to the closest point of the canopy) and shall not exceed 25 feet in height (measured from the grade of the supporting columns to the highest point of the canopy structure). On corner lots only, an enclosed area for the storage of trash receptacles or dumpsters shall be permitted in the front yard by conditional use approval of the Board, provided the applicant demonstrates: (a) the front yard is the only feasible location due to the operation of the site; (b) the trash receptacle or dumpster is set back a minimum distance of 20 feet (measured from the legal right-of-way); and (c) the trash receptacle or dumpster is enclosed on three sides by a fence or wall which is compatible in design with the facade of the principal building.
C.
Accessory buildings and structures, general. Accessory buildings and structures and the uses they contain shall remain incidental to a permitted use, and shall not be conducted as an independent principal use.
§ 200-84 Residential conversion.
The following provisions shall apply to the conversion of a single-family dwelling to a dwelling containing a greater number of dwelling units, when permitted by special exception:
A.
Each resulting dwelling unit shall have a minimum floor area of 800 square feet.
B.
The yard and building area requirements for the district in which the dwelling is located shall apply to each dwelling unit. The applicable requirements shall not be reduced.
C.
Fire escapes and outside stairways shall, where practical, be located to the rear of the building. No external changes, other than safety measures, shall occur to the building.
D.
The Zoning Hearing Board shall specify the maximum number of families permitted to occupy a particular building.
E.
The off-street parking requirements of this chapter shall apply to each proposed dwelling unit.
F.
The resulting dwelling units shall comply with Chapter 65, Building Construction, of the Code of the Township of West Brandywine and with the following:
(1)
Sewer and water service, as approved by the Chester County Health Department and in accordance with Chapter 65, Building Construction, of the Code of the Township of West Brandywine.
(2)
Protective firewalls between units along all party walls.
(3)
Individual entrances.
(4)
Individual cooking and lavatory facilities.
§ 200-85 Boardinghouses.
The following provisions shall apply to boardinghouses when permitted by special exception:
A.
A maximum of eight boarders shall be permitted in a boardinghouse.
B.
Each unit shall have a minimum floor area of 200 feet.
C.
Each boardinghouse shall contain a communal kitchen with all facilities.
D.
A complete bathroom facility shall be provided for every three boarding units.
E.
The owner and operator of a boardinghouse shall reside on the property.
F.
There shall be no facade changes to a building used as a boardinghouse, excluding safety measures such as fire escapes.
§ 200-86 Housing for farm workers.
The following regulations shall apply to housing for farm workers when authorized by special exception:
A.
Housing for farm workers shall remain an accessory use on the tract used for and qualified as agriculture. Housing shall comprise no more than 10% of the total tract area or five acres, whichever is less.
B.
Housing shall have a maximum density of three dwelling units per acre and a maximum of eight boarders per dwelling.
C.
Housing shall be served by sewer and water systems approved by the Chester County Health Department and shall be in accordance with Chapter 65, Building Construction, of the Code of the Township of West Brandywine.
D.
Housing shall comply with all applicable setback requirements.
E.
Housing shall be approved by Department of Environmental Protection for seasonal farm labor camps.
§ 200-87 Mushroom houses.
Mushroom houses shall be permitted only as an agricultural use and shall meet the area and bulk requirements established for agricultural use. All mushroom houses shall be set back from any property line a minimum of 100 feet, and all spent compost shall be set back a minimum of 500 feet.
§ 200-88 Grading, land disturbance and agricultural activities.
[Amended 8-23-2001 by Ord. No. 01-01; 3-21-2002 by Ord. No. 02-01; 4-18-2002 by Ord. No. 02-02]
A.
All activities involving land disturbance as defined in § 1-20 of the Code of West Brandywine Township and/or which meet any of the criteria set forth in § 200-88A(1) below shall be consistent with the performance standards of this § 200-88A, except where modified as a result of specific provisions of any subdivision or land development approval or as otherwise provided under applicable provisions of the Code of West Brandywine Township.
(1)
The provisions of this subsection shall apply to all activities undertaken in connection with any of the following situations. Prior to commencement of any such activity, a grading permit shall be obtained from the Township as provided in § 200-88E.
(a)
Installation of any public or private utility service where such installation involves any disturbance to soil or vegetation on more than one lot or is intended to serve more than one principal use.
(b)
Any minor or major subdivision or land development where total land disturbance exceeds 5,000 square feet.
(c)
Any addition or temporary storage of impervious or semi-impervious cover or material on any lot where such impervious cover or material, together with any associated land disturbance, exceeds 10% of lot area or 5,000 square feet, whichever is less.
(d)
Any disturbance to land, including agricultural activities, that, in the opinion of the Township Engineer or Codes Enforcement Officer, creates a threat to the health, safety, or general welfare of the community, is critical in terms of protection of steep slopes, wetlands, and other environmentally sensitive features or is critical in terms of protection of adjoining properties. Agricultural activities operated in accordance with a conservation plan or erosion and sedimentation control plan approved by the Chester County Conservation District shall be exempt from grading permit requirements.
(2)
All land disturbance activities shall be conducted in such a way as to prevent accelerated erosion and resulting sedimentation. To accomplish this, all persons engaged in land disturbance activities shall design, implement, and maintain erosion and sedimentation control measures which effectively prevent accelerated erosion and sedimentation.
(3)
In order to prevent accelerated erosion and resulting sedimentation, land disturbance related to earthmoving activity, to construction (including but not limited to construction of buildings and other structures), and to paving shall be conducted only in conformance with the following principles:
(a)
During the period when any earthmoving activity is taking place and, where in accordance with an approved subdivision or land development plan, prior to the completion of roads, parking areas, buildings, and other improvements and prior to the establishment of vegetation or soil stabilization measures, facilities shall be installed to insure the following:
[1]
There shall be no discharge of sediment or other solid materials from the site as a result of stormwater runoff
[2]
Peak stormwater discharges and stormwater discharge volumes from the site shall comply with the requirements of § 167-61 of the Code of the Township of West Brandywine, with the following modifications:
[a]
Any person conducting a business or personal venture involving periodic or regular earthmoving (quarrying, topsoil removal, etc.) shall calculate runoff for facility design based upon runoff before earthmoving and runoff during the maximum period of exposure.
[b]
Wherever soils, topography, or other conditions suggest substantial erosion potential during any earthmoving activity, the Township may require that the entire volume of a two-year storm be retained on site or that special sediment trapping facilities be installed, as recommended by the Township Engineer.
(b)
No earthmoving activity or stripping of vegetation shall be conducted within the Severe Slope District, except in connection with a permitted use in accordance with the provisions of Article XIII of this chapter and where specifically permitted as a special exception authorized by the Zoning Hearing Board upon the recommendation(s) of the Township Engineer.
(c)
Earthmoving activities, including the addition of fill, shall be minimized in order to preserve the natural features and topography and, where undertaken, shall comply with all applicable provisions of § 167-61 of the Code of the Township of West Brandywine and, specifically, the guidelines in Appendix A thereto.[1]
(d)
Stripping of vegetation, regrading, or any other land disturbance or development shall be undertaken in such a way as to minimize erosion.
(e)
To the maximum extent practicable, natural vegetation shall not be removed except as provided in an approved final subdivision or land development plan. The stockpiling of soil over the roots of trees to be preserved is prohibited within the dripline of the tree.
(f)
The amount of disturbed area and the duration of exposure shall be kept to a practical minimum.
(g)
Permanent (final) vegetation and structural erosion control and drainage measures shall be installed as soon as practical.
(h)
Sediment in runoff water shall be trapped and removed through means approved by the Township Engineer to assure adequate capacity in basins or traps.
(i)
Such other requirements or modifications to these provisions as are consistent herewith may be imposed or permitted as conditions of approval of any subdivision or land development plan, or where approved as a conditional use, special exception or variance, subject to the recommendation(s) of the Township Engineer.
B.
Disturbance related to agricultural activities. To prevent accelerated erosion and resulting sedimentation, agricultural activities shall be conducted only in conformance with the following principles:
(1)
Unless clearly impractical or unwarranted, plowing will generally conform to the topographic contours of the property.
(2)
Drainage swales will be maintained with a permanent cover of grasses or other appropriate plants.
(3)
A permanent vegetation cover shall be maintained within a minimum of 15 feet of any stream, within 10 feet of the edge of the cartway of any road, and within 10 feet of any neighboring property line where the slope of the land falls toward or drains upon such property line, unless otherwise specified in a conservation plan approved by the Chester County Conservation District.
(4)
Runoff from buildings and other impervious surfaces shall be directed around areas where compost and manure is stored, where sod or plants are regularly removed, where livestock are confined or where tillage crops are planted, or shall be otherwise controlled, to prevent direct transport or pollutants (including sediments) to streams.
(5)
Tillage and nursery operations shall not be conducted on slopes exceeding 15%, and sod operations shall not be conducted on slopes exceeding 8%, except where consistent with a conservation plan approved by the Chester County Conservation District.
(6)
Diversion terraces or cover crops no less than 10 feet in width shall be provided at a maximum of two-hundred-foot intervals on slopes of 8% to 15% where tillage or sod crops are planted.
(7)
Any significant earthmoving, grading, or land disturbance, other than tillage operations, shall conform to all earthmoving standards of this section.
C.
Protection of adjacent property.
(1)
No person shall engage in any earthmoving activity sufficiently close to a property line to endanger any adjoining public street, sidewalk, alley, or other public property from settling, cracking, or other damage which might result from such earthmoving. If, in the opinion of the Township Engineer, the nature of any earthmoving activity is such as to create a hazard to life or property unless adequately safeguarded, the party undertaking such earthmoving activity may be required to construct walls, fences, guide rails, or other structures to safeguard the public street, sidewalks, alley, or other public property and persons.
(2)
No person shall dump, move, or place any soil or bedrock or increase the flow of water so as to cause the same to be deposited upon or roll, flow or wash upon or over the premises of another without the express consent of the owner of such premises so affected, or upon or over any public street, street improvement, road, storm sewer drain, watercourse, or right-of-way or any public property.
(3)
No persons shall, when hauling soil, bedrock or other material over any public street, road, alley, or public property, allow such material to blow or spill over and upon such street, road, alley, or public property or adjacent private property.
(4)
If any soil, bedrock, or other material or water or liquid is caused to be deposited upon or to roll, flow, or wash upon any public property or right-of-way in violation of the above paragraphs of this subsection, the Township may undertake such removal and the cost of such removal shall be paid to West Brandywine Township by the person who failed to so remove the material. If said person fails to pay the Township within a reasonable period of time, the cost of such removal shall be placed as a lien against all property and all rights to property, real or personal, of any person liable to pay the same from and after the time said cost is due and payable. The cost of such removal shall be collected in the manner of said taxes or from escrow funds established for the land development activity.
D.
Stripping of topsoil and sod. The stripping and/or removal of topsoil or sod shall be permitted in accordance with the foregoing provisions and only under the following conditions:
(1)
In connection with the construction, alterations, or grading of a street, building or parking lot, provided the least amount of disturbance occurs and that stabilization is achieved to control soil erosion and sedimentation as controlled by Chapter 167, Subdivision and Land Development, of the Code of the Township of West Brandywine.
(2)
In connection with agricultural pursuits, provided that areas where topsoil is removed shall be reseeded and stabilized with an appropriate native ground cover within one year.
(3)
Stripping operations shall be set back from any street line or property line a minimum of 25 feet to prevent runoff and sedimentation from leaving the site.
E.
Grading permit requirements.
(1)
Application requirement. Any person, firm, partnership, or corporation proposing to engage in an activity requiring a grading permit in accordance with § 200-88A(1) shall apply for a grading permit.
(2)
Application procedure. Application for a grading permit shall be made by written application on a form furnished by West Brandywine Township and shall be accompanied by submission of the information and documentation prescribed in § 200-88E(3) below, except as follows:
(a)
To the extent that any required information and documentation is otherwise submitted in fulfillment of the submission requirements for a preliminary and/or final subdivision or land development plan, and is on file with the Township, it may be incorporated into the grading permit application by appropriate reference and need not be separately submitted.
(b)
To the extent that, in the opinion of the Township Engineer or Codes Enforcement Officer, any required information and documentation is not applicable due to the nature of the subject application, submission requirements may be modified appropriately.
(3)
Information and documentation to accompany application for grading permit.
(a)
A map, diagram, plan or series of plans, as appropriate, prepared by a professional engineer, professional land surveyor, registered landscape architect, or registered architect having proficiency in grading, drainage, erosion and sedimentation control in accordance with Pennsylvania Act 367. Such plans accompanying the grading permit application shall show the following information:
[1]
The metes and bounds of the property, including site area.
[2]
The location of all existing and proposed swales, berms, ditches, streams, pipes, culverts and other drainage structures and cuts or fills.
[3]
Existing and proposed contours, showing spot elevations where necessary as well as dimensions to determine the extent of all proposed grading and drainage. Invert as well as rim, grate, or top of wall elevations shall be included for all drainage features as well as all sanitary sewer facilities that may be affected by the proposed work.
[4]
Plans shall also clearly indicate the location of all existing and proposed buildings, parking areas, driveways and roads.
[5]
Plans shall be drawn at a scale of no less than one inch equals 50 feet with both existing and proposed contours being indicated at two-feet-point-zero-inch contour intervals. For properties with relatively flat slopes one-foot-point-zero-inch contour intervals with spot elevations to more appropriately identify proposed work may be required.
[6]
Plans shall indicate the extent of all wetlands and one-hundred-year floodplain limits.
[7]
Plans shall contain a sequence of construction as well as a grading, drainage, and erosion control narrative that addresses all erosion and sedimentation control measures, techniques, and maintenance that shall be employed for the project.
[8]
Plans shall indicate the location and extent of all soil types found on the property, including a brief description of each soil type and indicate erosion and sedimentation control techniques, measures, and specifications to be utilized, including details and location of installation of such measures. These details shall include (where applicable) but are not limited to tire cleaning strip, silt barrier fence, sediment trap, sedimentation basin, rip-rap apron, riser details, spillway details, jute matting details, inlet protection details, stone filter berms, dewatering facilities, etc.
(b)
The grading permit application also shall indicate the present and proposed sources, storage and dispositions of waters being channeled through or across the premises, together with elevations, gradients and maximum rates of flow of such waters. The application shall describe the work to be performed, the materials to be used and the manner or method of performance, including provisions for protecting and maintaining existing drainage facilities in West Brandywine Township, whether on public or private property.
(c)
If load bearing fill is proposed, a soils investigation report shall be submitted which shall consist of test borings, laboratory testing and an engineering analysis to correlate surface and subsurface conditions with the proposed rating plan. The results of the investigation shall be presented in a report by the soils engineer which shall include data regarding the nature, distribution and supporting ability of existing soils and rock on the site. Also contained within this soils report shall be conclusions and recommendations for grading requirements and erosion control and recommendations to ensure stable soil conditions and groundwater control as applicable.
(d)
Where deemed necessary by the Codes Enforcement Officer or the Township Engineer, and where not otherwise required, a comprehensive stormwater management plan shall be submitted conforming with the requirements of § 167-61 of the Code of the Township of West Brandywine to the extent deemed appropriate by the Township.
(e)
Copy of any required submission(s) to the Pennsylvania Department of Environmental Protection and/or the United States Army Corps of Engineers, including but not limited to any jurisdictional wetlands delineation, stream or wetlands encroachment permit, and any submission to the Chester County Conservation District, and/or in connection with application for an NPDES permit, as well as documentation of ultimate approval of all such permits, shall be submitted to the Township.
(f)
Copy of any easement(s) across the lands of any other party which may be necessary to implement or undertake the proposed activity. Prior to issuance of any grading permit, the Township shall receive evidence indicating that any such easement has been recorded in the office of the Chester County Recorder of Deeds.
(g)
The Township may require such supplemental reports and data it deems necessary. Recommendations included in such reports and approved by the Township shall be incorporated in the plan or specifications.
(4)
Permit fee. The application for a grading permit shall be accompanied by a fee as shall be set and may be modified, increased, reduced or otherwise amended from time to time by resolution of the Board of Supervisors. In addition, any applicant for a grading permit shall be required to pay all engineering review fees associated with the application.
(5)
Bond requirements. Any applicant for a grading permit involving an area to be disturbed in excess of one acre shall, prior to the issuance of permit, post a bond or cash escrow with West Brandywine Township in the sum of at least $10,000, the exact sum to be determined by the Township Engineer, with corporate surety to be approved by the Township Solicitor, the conditions of which shall be full and complete compliance with this section and all terms of the permit.
(6)
Issuance of permit. Upon the submission of a complete application conforming to the provisions of this section, the Township Code Enforcement Officer, after consultation with and approval of the Township Engineer, if deemed necessary, shall issue the necessary permit.
(7)
Standards for permit approval. In addition to all other applicable requirements of the Code of West Brandywine Township, approval of a grading permit shall be conditioned upon compliance with the following:
(a)
All necessary stormwater management and drainage facilities shall conform to the requirements of § 167-61 of the Code of the Township of West Brandywine. No person, firm, partnership, or corporation shall fail to adequately maintain, in good operating order, any stormwater management and/or drainage facility on his/her premises. All drainage ditches, swales, culverts, drainpipes, and drainage structures shall be kept open and free-flowing at all times.
(b)
The owner of any property on which any work has been performed pursuant to a permit granted under the provisions of this section shall continuously maintain and repair all graded surfaces and anti-erosion devices, retaining walls, drainage structures, and other protective devices, plantings and ground cover installed or completed.
(c)
All plans and specifications accompanying applications for permits shall include provisions for both interim (temporary) and ultimate (permanent) erosion and sediment control.
[1]
The design, installation and maintenance of erosion and sediment control measures shall be accomplished in accordance with the guidelines as may be established from time to time by the United States Department of Agriculture as administered by the Chester County Conservation District and in accordance with the "Clean Streams Law" and Pennsylvania Chapter 102 as prepared by the Pennsylvania Department of Environmental Protection, including latest revisions or amendments.
[2]
All graded surfaces shall be seeded, sodded and/or planted or otherwise protected from erosion as soon as practicable and shall be watered, tended and maintained until growth is well-established at the time of completion and final inspection.
(d)
Natural and/or existing slopes exceeding one vertical unit to four horizontal units shall be benched or continuously stepped into competent materials prior to placing all classes of fill. Cut slopes shall not exceed one vertical unit to three horizontal units, except that cut slopes up to one vertical unit to two horizontal units may be permitted where the Township is satisfied that such steeper cut slopes will reduce negative impacts of grading disturbance overall and that adequate erosion control is provided.
(e)
Fills toeing out on natural slopes steeper than one vertical unit to three horizontal units shall not be made unless approved by the Township after receipt of a report, deemed acceptable by the Township Engineer, by a soils engineer certifying that he/she has investigated the property and made soil tests and that in his/her opinion such steeper slopes will safely support the proposed fill.
(f)
The top or bottom edge of filled or cut slopes shall be at least three feet from property or right-of-way lines of streets in order to permit the normal rounding of the edge without encroaching on the abutting property.
(g)
When required, adequate provisions shall be made for dust control measures as are deemed acceptable by the Township.
(h)
When required, the applicant shall agree to the granting and recording of easements for drainage facilities, including acceptance of the discharge of water on the property of others, provisions for maintenance of slopes and swales and access for the maintenance of anti-erosion facilities.
(8)
Inspections.
(a)
The applicant, in any activity requiring a permit and which involves 10 or less single-family residences, after commencing initial operation, shall request inspections by the Township Engineer or designated agent at the following intervals:
[1]
Upon completion of stripping, the stockpiling of topsoil and disposal of all unsuitable material but prior to beginning any other preparation of the ground.
[2]
Upon completion of preparation of ground to receive fill but prior to beginning of any placement of fill.
[3]
Upon completion of rough grading but prior to placing topsoil, permanent drainage or other site development improvements and ground covers.
[4]
Upon completion of final grading, permanent drainage and erosion control facilities, including establishment of ground covers and planting and all other work of the permit.
(b)
The applicant, in all cases other than those referred to in Subsection E(6)(a) above, after commencing initial operations, shall request inspections by the Township Engineer or designated agent at the following intervals:
[1]
Prior to commencement of grading operations to determine suitability of all proposed fill materials.
[2]
Upon completion of stripping, the stockpiling of topsoil and disposal of all unsuitable material but prior to beginning of any other preparation of the ground.
[3]
Upon completion of the preparation of the ground to receive fill but prior to beginning or placement of fill, an inspection of proof rolling.
[4]
Upon completion of structural fill placement such that the following earthfill procedures are assured:
[a]
Prior to placing fill in any area, grading should be performed as required to provide for drainage. Ditching or filling around the area should be performed to intercept or divert all surface water. Within the area on which fill is to be placed, the ground should be graded so as to provide for unobstructed drainage from every point to some approved disposal point.
[b]
The area should be closely examined to determine whether excessive wetness, springs, or other seepage of water can be observed. If such conditions exist, drainage must be provided before placement of fill is undertaken. Under no circumstances shall fill be placed upon frozen ground or ground underlain by tree stumps, branches, or other vegetative material subject to rot and decomposition.
[c]
When fill areas have been prepared as specified, the existing ground surface should be compacted by the specified method for compacting fill.
[d]
Fill should begin at the lowest section of the area. Fill should be spread in six-inch layers prior to compaction. Each layer should be approximately horizontal, but small slopes can be permitted in order to provide for surface water runoff.
[e]
Each layer of fill should be inspected prior to compaction. All roots, vegetation or debris should be removed. Stones larger than six inches in diameter should be removed or broken. The moisture content of each layer should be determined to be suitable for compaction.
[f]
The compaction of the fill should be done with a sheepsfoot roller, rubber-tired roller or a vibratory roller. Other compaction equipment should be used only after it has been demonstrated that satisfactory results can be obtained with its use.
[g]
Each layer of compacted fill should be tested to determine its dry density as per ASTM D1556, including latest revisions. The density of each layer should be not less than 95% of maximum dry density as determined by ASTM D1557. The moisture content of the compacted layer should be not more than 4% less or 2% greater than the optimum moisture content as determined by ASTM D1557.
[h]
Only when the compacted layer has been shown to be as specified should other layers of fill be placed above it.
[i]
Visual inspections of borrow material should be made periodically to assure that no variation in fill material has occurred.
[5]
Upon completion of rough grading but prior to placing topsoil, permanent drainage or other site development improvements and ground covers.
[6]
Upon completion of trench backfilling operations so testing can be performed as specified in Subsection E(8)(b)[4][g] above.
[7]
Upon completion of final grading, permanent drainage and erosion control facilities, including establishment of ground covers and planting, and all other work of the permit.
(9)
Inspection costs. All applicants shall bear all costs of inspections required hereunder and, if deemed necessary by the Township Code Enforcement Officer (Building Inspector), shall deposit with the Township Treasurer such sum as the Township Supervisors shall determine to guarantee payment of the costs of such inspections. The costs of inspections shall be at the rate charged to the Township by the Township Engineer.
F.
Violations and penalties.
(1)
In addition to any other remedies available under law, the Township may institute and maintain appropriate actions at law or in equity to restrain, correct or abate a violation of this section, or to restrain, correct or abate unlawful conduct or a public nuisance resulting from or causing such violation.
(2)
In addition to other remedies, the Township may, but without obligation to do so, abate or remove the violation in event the responsible party fails to do so upon notice. Where the Township proceeds to abate or remove the violation, the cost and expense of such work and fines and penalties shall be a lien against the property charged to the persons affected, and upon nonpayment, the Township may file a municipal claim therefor upon the affected premises, in addition to other remedies available at law or equity for the collection of municipal debts. The lien shall attach as of the time the work commenced.
(3)
The penalties and remedies prescribed herein shall be deemed concurrent. The existence or exercise of any remedy shall not prevent the Township from exercising any other remedy provided by this section or otherwise provided at law or equity.
§ 200-89 Sale of farm products.
Where the display and sale of farm products are permitted, they shall be designated as an accessory use, incidental to an agricultural activity. The display and sale of farm products shall comply with the following conditions:
A.
A minimum of 50% of all farm products shall be grown and produced on the property on which they are offered for sale.
B.
A maximum of two acres or 5% of a farm parcel, whichever is less, shall be used for the sale of farm products.
C.
Sale of farm products shall be conducted from a portable stand, dismantled at the end of the growing season, out of the home, or from a permanent accessory building. When sales occur from a permanent accessory building, the following conditions shall apply:
(1)
Such building shall be located at least 50 feet from the street line.
(2)
Parking space shall be provided outside the right-of-way line of any road at a ratio of one space for each 100 square feet of building floor area used for sales. A minimum of three off-street parking spaces shall be provided.
(3)
The sales area of a permanent building shall not exceed 600 square feet of floor area.
§ 200-90 Home occupation.
[Amended 8-3-2000 by Ord. No. 00-03]
A.
The following provisions shall apply to all major and minor home occupations as defined in Article II:
[Amended 9-2-2004 by Ord. No. 04-03]
(1)
The exterior of the residence or accessory structure shall have an appearance which is essentially no different than if there were no home occupation conducted inside.
(2)
Where permitted, articles sold or offered for sale shall be produced on the premises, unless incidental to the principal service or use provided.
B.
Additional standards for minor home occupations.
(1)
No more than one person not residing on the premises may be employed at a maximum of 40 hours per week.
(2)
A minor home occupation shall occupy no more than 25% of the total floor area of a dwelling unit, or 1,000 square feet of floor area, whichever is less.
(3)
There shall be no signs, advertising or otherwise, or other indication showing evidence of the existence or conduct of a minor home occupation.
(4)
No additional off-street parking area shall be provided to facilitate the conduct of the home occupation other than the off-street parking required or permitted for the particular residential use, nor shall the home occupation generate vehicular traffic such that there is a need for such additional parking.
(5)
No retail sales shall be permitted on the premises.
(6)
No business vehicle other than a pickup truck or small van shall be parked on the property.
(7)
No repetitive servicing by truck for supplies and material shall be permitted. "Repetitive" shall mean more than once a week.
(8)
There shall be no sale, nor storage for sale, of chemicals or biological agents on the premises.
(9)
Any minor home occupation shall remain an accessory use to the dwelling and shall be carried on within the dwelling unit or accessory building by one or more occupants residing on the lot.
[Added 9-2-2004 by Ord. No. 04-03]
C.
Additional standards for major home occupations (permitted when authorized as a conditional use).
(1)
Major home occupations shall be permitted only where direct access can be provided to either Route 82 or Route 322.
(2)
No more than four persons not residents of the premises may be employed by the principal practitioner of the major home occupation. The principal practitioner of the major home occupation must be the owner, or the spouse or offspring of the owner, of the property on which the occupation is practiced, but is not required to reside on the property.
[Amended 9-2-2004 by Ord. No. 04-03]
(3)
There shall be no more than one sign, nonilluminated, and no larger than four square feet in aggregate area, identifying the name and occupation of the practitioner. The area of any sign on a vehicle or structure which is regularly visible from the street shall be included in calculating compliance.
(4)
In addition to the off-street parking spaces required for the residential use of the property, one off-street parking space shall be provided for each employee, plus one additional off-street parking space for each 400 square feet of space on the premises occupied by the home occupation; provided, however, that a total of no more than eight off-street parking spaces shall be permitted on one lot. Use of pervious concrete or asphalt and/or concrete or lattice block pavers for parking is encouraged. All off-street parking spaces shall be located at least 10 feet from any property line.
(5)
No business vehicles utilized for major home occupation purposes shall exceed 26,000 lbs. GVW. All business vehicles shall be parked in a enclosed structure or in areas screened from view from neighboring properties and streets.
(6)
No major home occupation shall be permitted in a mobile home within a mobile home park.
§ 200-91 Public utility exemption.
The provisions of this chapter shall not apply to any existing or proposed building, structure or use by a public utility corporation, if upon petition by the corporation, the Pennsylvania Utility Commission should decide that the present or proposed situation in question is reasonably necessary for the convenience or welfare of the public.
§ 200-92 Prohibited uses.
Except as otherwise provided in this chapter, no building may be erected, altered or used, and no lot may be used for any trade, industry, business or other activity which is a nuisance or is noxiously offensive by reason of odor, dust, smoke, gas, vibration, illumination or noise.
§ 200-93 Retirement community.
The following provisions shall apply to retirement communities where permitted:
A.
The retirement community and accessory facilities shall be designed to serve its residents and their guests only.
B.
The retirement community and accessory facilities shall be planned, developed and operated according to a unified plan under the direction of a single owner or agent for the owner.
C.
The retirement community shall provide individual dwelling units in any combination of single- or multiple-family dwellings, and shall include a community center in which any of the following uses may be permitted:
(1)
Dining facilities;
(2)
Medical facilities, including treatment, nursing and convalescent facilities;
(3)
Recreational facilities, including activity rooms, auditoriums, lounges and libraries;
(4)
Office and retail service facilities, including gift shops, coffee shops, barber or beauty shops, and pharmacies.
D.
The maximum gross density within a retirement community shall be 2 1/2 dwelling units per acre. For the purposes of this section, four beds for patient, resident and/or staff person use provided within a medical facility shall be deemed the equivalent of one dwelling unit.
E.
The minimum tract size for a retirement community shall be five contiguous acres.
F.
A minimum of 50% of the total tract area shall be designated as and used exclusively for common open space. Ownership, maintenance, location, design and layout of common open space shall be in accordance with the provisions of Article XXII, Open Space Design Option. Common open space shall be used solely for recreational purposes or shall remain in its natural state.
[Amended 12-21-2000 by Ord. No. 00-04]
G.
There shall be a minimum of one-hundred-foot setback from all tract boundaries in which no structures shall be located. The screening provisions under § 200-108 of this chapter shall be incorporated within setback areas.[1]
[1]
Editor's Note: Former Section 1417, Temporary Structures for Dwelling Purposes, which immediately followed this subsection, was repealed 2-5-1987 by Ord. No. 87-01.
§ 200-94 Group housing.
The following standards shall apply to group housing when permitted by special exception:
A.
Any form of group housing shall satisfy the definition of family as established under § 200-8 of this chapter.
B.
The dwelling housing any form of group housing shall comply with the applicable provisions of Chapter 65, Building Construction, of the Code of the Township of West Brandywine.
C.
The dwelling housing a form of group housing shall have no external alterations except as may be necessary for reasons of safety, including fire escapes. Such access shall be located to the rear of the building where practical.
D.
Community living arrangements and halfway houses shall be provided with around-the-clock, live-in supervision to insure clients received proper, professional care and that the home will function as a family unit.
E.
Community living arrangements shall comply with the guidelines established by the Pennsylvania Department of Health.
F.
Upon the closing of a group housing operation, all modifications to the dwelling associated with labor and industry requirements shall be removed, and the dwelling brought back to its original status as a single-family dwelling. This includes the removal of handicap ramps, exit lights, panic bar doors and other institutional-oriented improvements.
§ 200-95 Reduction to lot width at street line requirement.
[Added 9-3-1987 by Ord. No. 87-05]
No lot shall be so reduced or altered that the lot width at street line becomes less than the minimum standards herein prescribed by the applicable zoning district, except in the following specific cases:
A.
Interior lots. Where interior lots are proposed, lot width at street line may be reduced only in accordance with the provisions of § 200-113 of this chapter.
B.
Lots fronting along the turnaround of a cul-de-sac. Where lots are proposed along the turnaround of a cul-de-sac street, the lot width at street line requirement may be reduced to provide access for no more than four lots, measured from reverse curve to reverse curve. In no case shall the minimum lot width be reduced below 75 feet.
§ 200-96 Bed-and-breakfast facility.
[Added 10-7-1993 by Ord. No. 93-05]
The following standards shall apply to the operation of any bed-and-breakfast facility permitted by this chapter:
A.
A bed-and-breakfast facility shall be permitted in the R-1, R-2, R-3, R-4 and L-2 Zones and shall be permitted only in single-family detached, owner-occupied dwellings, with a minimum lot size of at least 1.5 acres.[1]
B.
The principal use of the property shall be that of a single-family residential property.
C.
No more than three guest rooms may be offered on any individual residential property.
D.
There shall be provided one full bathroom (one toilet, wash basin, bath and/or shower) for each one guest room.
E.
Length of stay shall be not more than five uninterrupted days for any guest.
F.
Meals shall consist of breakfast only, and only for guests of the establishment. Owners shall comply with all federal, state, and local requirements for the preparation, handling, and serving of food.
G.
Any amenities (swimming pool, tennis court, etc.) shall be solely for the use of the resident owner and occupants of the bed-and-breakfast facility.
H.
The owner shall maintain a current guest register.
I.
Area and bulk standards shall be those that apply to single-family detached dwellings within the applicable zoning district subject to § 200-96A above.
J.
In addition to parking spaces required for the single-family residence, one on-site parking space shall be provided per guest room, and shall not be located in any required yard area.
L.
Each bed-and-breakfast facility shall be equipped, at minimum, with smoke detectors and fire extinguishers in accordance with the requirements of the Pennsylvania Department of Labor and Industry and with the stipulations of Chapter 85, Fire Prevention, of the Code of the Township of West Brandywine. Guests shall be provided information regarding the floor plan of the dwelling and the location of emergency exits.
M.
No permit for a bed-and-breakfast facility will be issued by the Zoning Officer unless the applicant furnished written approval from the Chester County Health Department concerning the adequacy of the on-site sewage system to serve the increased demand resulting from the bed-and-breakfast facility or if the site is publicly sewered, there shall be proof of adequate sewer capacity.
§ 200-97 Uses by government entities.
[Added 5-30-1996 by Ord. No. 96-01]
Minimum lot sizes shall be no less than 2,500 square feet and any structures, buildings or uses owned by West Brandywine Township or its designee to be utilized in connection with all government functions shall have a yard setback minimum applicable to all yards of 10 feet not withstanding any other more stringent regulation or ordinance to the contrary.
§ 200-98 Keeping of animals.
[Added 5-30-1996 by Ord. No. 96-01]
In conjunction with uses other than agricultural:
A.
A maximum of six animals of the following type, or any combination thereof, may be kept on any nonagricultural property within the Township: dogs, cats or other small domestic animals of similar character and impact (e.g., rabbits, fowl). Greater numbers of each such animals may be kept only in accordance with the terms of this section.
B.
For the animals addressed in § 200-98A above, greater numbers per property, other than that of chickens, shall be permitted only on properties in excess of two acres. Excepting rabbits or fowl, one additional animal may be kept for each acre of lot size, or portion thereof, in excess of two acres. Ten additional rabbits or fowl may be kept for each acre of lot size, or portion thereof, in excess of two acres.
[Amended 5-2-2012 by Ord. No. 2012-05]
C.
For larger animals, including horses or ponies, goats, sheep, cows, etc., a minimum of four acres is required to keep one such animal. One additional such animal may be kept for each acre of lot size, or portion thereof, in excess of four acres.
D.
On lots greater than 10 acres, the number of animals that may be kept may exceed the number permitted by this section, provided that:
E.
Standards for the keeping of chickens on residential lots.
[Added 5-2-2012 by Ord. No. 2012-05]
(1)
The following criteria shall be utilized when determining the number of domesticated chickens that shall be kept on a nonagricultural lot in a residential zoning district of the Township that is comprised of less than four acres:
(a)
Twenty thousand square feet is the minimum size lot for the keeping of domesticated chickens.
(b)
Five chickens are permitted on a lot with 20,000 square feet.
(c)
One additional chicken shall be permitted for each additional 5,000 square feet of lot size.
(d)
No more than 24 chickens may be kept on a nonagricultural residential lot less than four acres in size.
(2)
No chickens shall be kept on any property that has an HOA document associated with it noting that fowl of any sort is not permissible within the subdivision in which said property is a part thereof nor shall any part of this Subsection E supersede any HOA documents that have been recorded on said property.
(3)
No chickens shall be permitted in mobile home parks or on properties containing multifamily units, including duplexes.
(4)
No roosters or similar crowing fowl shall be permitted on residential lots that do not qualify as an agricultural property.
(5)
Chickens shall be kept for personal use only and not for commercial exchange or goods or commodities with the exception of the sale of surplus eggs directly to an end user or as a donation to a local food bank.
(6)
No person shall keep or maintain chickens within 100 feet of any neighboring residential dwelling.
(7)
Chickens must be secured at all times and located at a minimum distance of 10 feet from the rear or side property lines whether in a stationary coop or a tractor-style coop. No chickens shall be permitted within the front yard of any property.
(8)
Chickens shall be provided with a chicken run or placed in a securely fenced area in the backyard, so that chickens are able to forage for feed and unable to leave the property.
(9)
To protect the public health in residential areas, the following must be adhered to:
(10)
Chicken coops, runs and fenced-in areas shall be placed on a lot in compliance with all zoning requirements, and all coops in excess of 32 square feet in size shall obtain a zoning permit prior to their placement.
(11)
Should a complaint be filed that requires an Animal Control Officer from another governmental agency or other agency other than that of the Township to address a nonagricultural residential lot on which chickens are raised and said complaint leads to the issuance of a citation but not a conviction, said complainant shall be responsible for the reimbursement of any and all costs associated with said complaint should the Township receive a bill for said service from the agency issuing the citation.
(12)
4-H or other youth projects for those residing on the property. An addition to the permitted number of chickens can be granted for a 4-H or other youth project by the Codes Officer subject to the following:
(a)
The project is for a limited duration with a known termination date at which time the number of chickens will come into conformance once again with this Subsection E.
(b)
There is an adult project supervisor that has reviewed and approved in writing the project.
(c)
All other aspects of this section of the chapter will remain in conformance.
(d)
All 4-H or other youth projects will conform and follow the rules, regulations and requirements established by the Pennsylvania Department of Agriculture for said project.
§ 200-99 Cemetery regulations.
[Added 5-5-1994 by Ord. No. 94-04]
The following regulations shall apply to cemeteries where permitted by the Board of Supervisors as a conditional use in accordance with the provisions of this section and Article XXI.
A.
Area and bulk requirements for cemeteries.
(1)
Minimum tract size: 10 acres.
(2)
Minimum setback for any structures, burial grounds, or vehicular accessways:
(a)
As measured from any adjoining cemetery tract: 25 feet.
(b)
As measured from any tract boundary not adjoining another cemetery tract: 100 feet.
(c)
As measured from any legal public road right-of-way: 100 feet.
(d)
As measured from any stream or wetland on or off the tract: 50 feet.
(e)
Access drives may be permitted to cross required setback areas at no less than a sixty-degree angle, subject to obtaining any required permits. The angle of crossing shall be measured as the angle between a line down equidistant from either side of the required setback area and a line joining the points where the centerline of the accessway enters and exits the required setback area.
(3)
Minimum setback for any structures or burial ground from any private vehicular accessway within the tract, as measured from the edge of the cartway and any adjoining parking area: 25 feet.
(4)
Maximum permitted impervious tract coverage, including any structure, gravestone or marker: 15%.
(6)
The following standards shall apply to the placement of all burial vaults within burial ground areas:
(a)
Multiple burial vaults may be placed in a single plot (i.e., one atop the other) subject to conformance with all design criteria herein;
(b)
No vault shall be located less than three feet beneath the ground surface after development, except where completely enclosed within a mausoleum;
(c)
No vault shall be located where at its greatest depth below the ground surface it may intrude upon the seasonal high water table;
(d)
In order to provide for adequate percolation of groundwater, all burial vaults shall be placed such that minimum horizontal separation between vaults is no less than two feet. This provision shall not apply to burial vault(s) completely enclosed within a mausoleum.
B.
Cemetery design criteria. It is the intention of this section to ensure that any cemetery, where approved by the Board of Supervisors as a conditional use, be designed to minimize alteration of natural drainage patterns, optimize recharge of the groundwater reservoir and to fit into the characteristic landscape of West Brandywine Township, optimizing conservation of scenic views and other open space resources, as inventoried in the 1993 Open Space, Recreation and Environmental Resources Plan.[1]
(1)
To demonstrate feasible compliance with the design criteria herein and to facilitate design review, a concept plan of the entire tract under common ownership with any area planned for cemetery development shall be submitted at the time of conditional use application. Such plan shall establish generalized locations and their respective limits for proposed development of burial grounds, including areas where above-ground stones or monuments, mausoleums and other structures will be permitted, accessways, parking, visitor facilities, maintenance facilities, and accessory development as well as planned future development of such areas and facilities not part of the application at hand. For the area under immediate application, a development plan in accordance with the requirements of Article XXI shall be submitted with conditional use application and shall establish specific locations for all proposed facilities and development.
(2)
A landscape plan shall be required with submission of preliminary and final land development application. A sketch landscape plan with narrative as needed must accompany the conditional use application, indicating the general landscape design intended, approximate amount and type of vegetation to be introduced, etc. The sketch landscape plan need not include technical planting and maintenance specifications, but shall be of sufficient detail to demonstrate compliance with the requirements of this section.
(3)
It shall be the burden of the applicant to demonstrate to the satisfaction of the Board of Supervisors that the proposed layout of accessways, burial grounds including locations where above-ground stones or monuments will be permitted, structures, and planned landscaping is designed to optimize conservation of scenic views and scenic landscape qualities and to harmonize with the characteristic landscape of West Brandywine Township, as documented in the 1993 Open Space, Recreation and Environmental Resources Plan. Where any development of above-ground structures is planned in an area mapped as Scenic Open Landscape in said Plan, the application for conditional use approval shall be accompanied by a visual impact analysis including a "bird's eye" or axonometric rendering depicting the location, height, and mass of such structures relative to surrounding landscape features and public views.
(4)
Within areas mapped as Scenic Open Landscapes in the 1993 Plan, layout of roads or accessways shall follow natural contours to the greatest degree possible and overall visibility of paved surfaces from public roads shall be minimized.
(5)
Retention of natural buffer areas to the greatest degree feasible, along with introduction of additional landscape material, shall be utilized to mitigate impacts to scenic landscape qualities and water recharge capacity. Use of plant material in lieu of fencing is encouraged to provide for privacy, screening, and access control.
(6)
Notwithstanding the above, it is not the desire of the Township that applicant screen any particular cemetery tract or land development phase entirely from public view nor from adjacent cemetery tracts. Particularly where vista points and visual accents are indicated in the 1993 Plan, applicant shall seek through design of layout and introduced landscaping to retain long open view corridors with minimal visual impact due to introduction of roads or accessways, structures, or visibly extensive burial grounds.
(7)
Pedestrian and vehicular access and circulation systems shall be designed for safety and convenience. Applicant shall provide traffic studies demonstrating feasible compliance with the objectives of this section. Such studies shall estimate traffic volumes, turning movements and levels of service at intersections, and potentially unsafe conditions existing prior to development as well as may be reasonably expected to occur after development of a cemetery. Improvements to local roads on and off site shall be incorporated into plans for development of any cemetery to the extent necessary to maintain pre-existing levels of service, correct unsafe conditions which may be worsened by traffic impacts of development, and otherwise provide for safe and convenient access for area residents, cemetery visitors, employees, and emergency service personnel and vehicles. Direct access to arterial highways shall be avoided. Where applicant demonstrates to the satisfaction of the Board of Supervisors that alternative access is not reasonably feasible, one point of combined ingress and egress or single separate points of ingress and egress to an arterial highway may be permitted.
(8)
Applicant shall demonstrate that recharge of the groundwater reservoir is not adversely impacted by cemetery design. In order to determine existing groundwater recharge characteristics, applicant shall supply to the Township generalized analysis of geological, soil, and groundwater conditions based on available sources. The Board of Supervisors at its sole discretion may require the applicant to supplement generalized analysis with soil core sample testing to the depth of bedrock or groundwater first encountered, conducted on a fifty-foot grid in any area where development of burial grounds is intended. Applicant shall submit to the Township a plan of the property proposed for cemetery development indicating the locations where soil samples were taken. The layout of burial grounds, structures and other impervious surfaces, location of intervening buffer areas, and the design of stormwater management facilities shall optimize opportunities for natural recharge. Topsoil removed during construction or installation of burial grounds and vaults shall be retained on site and returned to its original location where feasible. To the greatest extent feasible, the existing soil profile and its natural groundwater recharge capacity shall remain undisturbed in all buffer areas, perimeter setback areas, and retained natural areas.
(9)
Applicant shall provide sufficient hydrologic and other information to satisfy the Board of Supervisors that potential for groundwater contamination from development of burial grounds shall not be hazardous to any neighboring water supply wells. The Board may require as a condition of approval the installation of monitoring well(s) where potential hazard to neighboring well(s) is suspect.
(10)
Stormwater management facilities shall not be located within any setback area required in accordance with § 200-99A, except that at the discretion of the Board of Supervisors, areas devoted to stormwater management facilities may be included within required setback areas where applicant can demonstrate to the satisfaction of the Board that such facilities are designed to:
§ 200-100 Conservation of woodlands and riparian buffers.
[Added 8-6-1998 by Ord. No. 98-08]
A.
Purpose. The purpose of this section is to promote conservation of woodland and riparian resources throughout West Brandywine Township through resource identification, management planning, and development limitations where appropriate.
B.
Woodland and riparian management planning.
(1)
Any applicant required to submit an Open Space Management Plan in accordance with § 200-183 and/or a Landscape Plan in partial fulfillment of the requirements of this chapter and Chapter 167, Subdivision and Land Development, of the Code of the Township of West Brandywine shall specify, as part of such plan, the long-term management provisions which will be established for any riparian buffer or woodland areas as defined in § 200-8, whether or not part of any required open space area on the same lot or tract. Such management provisions shall be indicated in narrative and/or graphic form of sufficient detail to satisfy the Township that the following issues can be adequately addressed:
(a)
The manner in which any riparian buffer and/or woodland area will be owned and by whom it will be managed and maintained;
(b)
The conservation and/or land management techniques and practices which will be used to conserve and protect such areas, as applicable; and
(c)
The professional and personnel resources that are expected to be necessary in order to maintain and manage the property.
(2)
Timber harvesting shall be permitted subject to the following:
[Amended 11-21-2002 by Ord. No. 02-05]
(a)
Timber harvesting shall involve selective removal of commercial grade timber in accordance with a timber harvesting plan which shall document measures to be taken to:
[1]
Identify selected trees intended to be removed, and trees and other vegetation to remain;
[2]
Protect water quality;
[3]
Minimize impacts from skid trails and logging roads, landing areas for felled trees, and the tree removal process; and
[4]
Provide for site restoration and/or natural regeneration.
(b)
Clearcutting shall not be permitted;
(c)
Timber harvesting operations shall comply with Township grading, stormwater management, and erosion control standards as applicable, and any other applicable Township, county, state or federal regulations;
(d)
Landowners and timber operators are strongly encouraged to seek woodland management assistance through the Pennsylvania "Forest Stewardship Program" administered by the Pennsylvania Bureau of Forestry.
C.
Concurrent submission. For any activity within West Brandywine Township requiring the submission of a wetland delineation report, stream or wetland encroachment permit, or mitigation plan to the Pennsylvania Department of Environmental Protection and/or U.S. Army Corps of Engineers, copy of all such documentation shall be submitted to the Secretary of West Brandywine Township within 10 days of submission to the requiring agency.
D.
Provision for building permit application. Any applicant for building permit (i.e., for building activity not otherwise constituting a land development) shall comply with the provisions of §§ 167-64 and 167-65 of Chapter 167, Subdivision and Land Development, of the Code of the Township of West Brandywine. On any lot of record at the time of enactment of this section, the Zoning Officer may issue a permit for building activity in accordance with applicable zoning district regulations where such building activity requires intrusion into riparian buffers (per § 200-8) or requires woodland disturbance in excess of that permitted under § 167-65B(3) of Chapter 167, Subdivision and Land Development, subject to determination by the Zoning Officer that such intrusion or disturbance is limited to the minimum practicable extent necessary to accommodate the proposed building activity.
§ 200-100.1 Medical marijuana dispensary.
[Added 10-5-2023 by Ord. No. 2023-04]
A.
Medical marijuana dispensaries shall meet the following standards and regulations.
(1)
The lot or property line of such business shall not be located within 1,000 feet of the lot or property line of a public, private, or parochial school or day-care center, as provided for by 35 P.S. § 10231.802. The separation distance shall be measured as a straight line from the lot or property line of where medical marijuana dispensaries are conducted, proposed to be conducted, regardless of municipality in which it is located. Only the Pennsylvania Department of Health, through the dispensary permitting process, may adjust or waive this provision.
(2)
A medical marijuana dispensary may not operate at the same site as a facility for medical marijuana growing/processing.
(3)
A medical marijuana dispensary shall be used for secure storage of medical marijuana product and associated medical devices and instruments which are needed to administer medical marijuana as provided for by 35 P.S. § 10231.802, and shall have an interior customer waiting area equal to a minimum of 25% of the gross floor area.
(4)
A buffer landscaping is required when medical marijuana dispensary adjoins residential district or use. Buffer landscaping shall be in compliance with the Township's buffer landscaping regulations.
(5)
A copy of the permit for medical marijuana dispensary and a copy of the security information issued by the Pennsylvania Department of Health shall be provided to the Township prior to the issuance of an occupancy permit. Said permit must be obtained prior to the issuance of an occupancy permit from the Township.
§ 200-100.2 Medical marijuana grower/processor.
[Added 10-5-2023 by Ord. No. 2023-04]
A.
Medical marijuana grower/processor uses shall meet the following standards and regulations:
(1)
A medical marijuana grower/processor may only grow medical marijuana in an indoor, enclosed, and secure building which includes security system and other features required by the Pennsylvania Department of Health and other applicable laws and regulations.
(2)
Any waste products associated with marijuana growing/processing shall be secured and properly disposed in accordance with the Pennsylvania Department of Health policy and shall not be placed within any unsecured location on site.
(3)
Retail sale and/or dispensing of marijuana and related products is prohibited at medical marijuana grower/processor facilities. Medical marijuana grower/processor shall only provide wholesale products to other medical marijuana facilities.
(4)
A copy of the permit for medical marijuana growing/processing and a copy of the security information issued by the Pennsylvania Department of Health shall be provided to the Township prior to the issuance of an occupancy permit. Said permit must be obtained prior to the issuance of an occupancy permit from the Township.
(5)
Signage for a medical marijuana growing/processing facilities shall be in compliance with the Township's sign regulations.
§ 200-100.3 Outdoor cafes.
[Added 10-5-2023 by Ord. No. 2023-04]
A.
Outdoor cafes shall meet the following standards and regulations:
(1)
Prior to constructing or maintaining an outdoor cafe, an applicant for this use shall first apply for and secure a permit from the Township in accordance with the following, and the applicant shall be required to apply on an annual basis for renewal of this permit:
(a)
An applicant shall submit in writing to the Zoning Officer, along with the required fee, an application including the following:
[1]
Name of address of the applicant.
[2]
Plan specifying the location of the outdoor cafe, including a calculation of proposed occupant amount, seating capacity, and location.
[3]
Written consent of the property owner, if other than the applicant.
[4]
Indoor seating capacity, if any.
[5]
Other similar information as may be required from time to time.
(b)
No action shall be taken on any application for a permit under this section until the application has been completed fully and the application fee, as required by the schedule of fees established and amended from time to time by resolution of the Board of Supervisors, paid in full.
(2)
An outdoor cafe area utilized for dining must either be located on the abutting and adjacent sidewalk, or on the immediate, abutting, adjacent, and contiguous vacant land, subject to additional standards of this chapter.
(3)
Outdoor cafe uses, abutting or adjacent to residential uses, shall stop serving customers on or before 9:00 p.m. prevailing time on weekdays and clear all tables of food, beverages, and customers on or before 10:00 p.m., and 10:00 p.m. prevailing time on weekends and clear all tables of food, beverages, and customers on or before 11:00 p.m.
(4)
The outdoor cafe should be separated from parking areas or traffic flow area by fencing or buffering; however, in any location where the outdoor cafe is not separated from the flow of traffic or parking areas, no table shall be located within five feet of the curb or the boundary of that area, whichever is closer.
(5)
The applicant shall maintain the outdoor cafe in accordance with all Township ordinances and state and federal laws, as well as rules and regulations promulgated and adopted by the Township which pertain to this use.
(6)
The applicant shall remove the outdoor cafe within 10 days after written notice of the Township or Zoning Officer determines that this use is detrimental to the health, safety, and general welfare of the Township or its residents as follows:
(7)
The Township may, from time to time, add regulations or rules that it deems necessary to facilitate the purposes, as defined, and functioning of this use, and these rules and regulations shall be approved by Board of Supervisors.
§ 200-100.4 Uses with drive-through service.
[Added 10-5-2023 by Ord. No. 2023-04]
A.
The following standards and regulations shall apply to any use, such as a restaurant, bank, pharmacy, or convenience store, offering drive-through service:
(1)
The use must have direct access to a principal arterial. Common driveway entry points with surrounding land uses are to be utilized wherever possible.
(2)
There shall be only one point of ingress and egress to the principal arterial.
(3)
When a drive-through window is proposed, a stacking lane shall not be used for parking lot circulation aisles, nor shall it in any way conflict with through circulation or parking.
(4)
Outside loudspeakers shall be audible only to persons in the immediate vicinity of the order-placing or pickup areas.
(5)
Exterior children's play areas shall be completely enclosed by a three-foot-high fence.
(6)
All lighting within the subject tract shall be designed and located so as not to produce a glare or direct illumination onto abutting properties or street rights-of-way.
(7)
The permit application shall be accompanied by a working plan for the cleanup and disposal of litter.
(8)
A trash storage area shall be provided which is designed and constructed to be screened from the street and adjacent properties, to prevent trash from blowing from the area, and to permit safe and easy removal.
(9)
Prior to the issuance of a use and occupancy permit, the applicant shall demonstrate compliance with all Township ordinances and state and federal laws.
§ 200-100.5 Winery.
[Added 10-5-2023 by Ord. No. 2023-04]
A.
The following operational standards and regulations shall apply to all wineries and their related ancillary and accessory uses:
(1)
General.
(a)
A winery shall be deemed a principal use of the property. Where such use is located on a property in the R-1 Agricultural/Residential District, it may also be considered a second principal use where the first principal use of the property is a vineyard or other agricultural use.
(b)
Indoor tasting rooms, restaurants, promotional events, and retail sales accessory to the winery use shall be permitted as accessory uses to the winery and operated in accordance with PLCB regulations. The term "indoor" does not include events held outside of the winery building under tents or other temporary structures.
(c)
A retail use accessory to a winery shall be limited to the sale of wine and wine-related products, other agricultural products, wine tasting, retail sale of wine for on-premises consumption, and instruction related to wine-making process. Accessory retail sales of wine shall be limited to sale of wine products produced by the winery operator or wine products exchanged with another winery operator licensed by the PLCB.
(d)
Adequate parking in accordance with the standards for industrial and warehouse uses shall apply; however, if a retail component (tasting room, restaurant, retail sales) is offered, then additional parking spaces shall be required in accordance with the standards of § 200-101 for a retail business or restaurant, as applicable.
(2)
Outdoor events. The use of outdoor space on a property containing a winery for organized special events, including, but not limited to, weddings, parties, promotional events, festivals, or receptions, or any gathering of people which includes the use of amplified sound, is permitted only by approval of a conditional use by the Board of Supervisors, upon satisfaction of the requirements for conditional uses contained in Article XXI of the Zoning Ordinance, and the following standards:
(a)
The winery property, when located within the R-1 District, must contain a minimum of 15 contiguous gross acres of land, which may include a vineyard or other agricultural use.
(b)
No outdoor event or temporary structure (including tents) associated with such event shall be located within 150 feet of any property line, except that parking areas may be located having a fifty-foot setback from the property lines.
(c)
There shall be a vegetative buffer area between all parking areas and adjacent residential uses and districts. The buffer shall include evergreen planting, at least four feet in height. The species and spacing of the plantings shall be reviewed and approved by the Township.
(d)
A permit shall be required from the Township for the erection of temporary tents or other temporary structures to serve outdoor events. Application for such permit must be made a minimum of 30 business days in advance of any event utilizing such structure. Any such temporary structure must be removed within 48 hours of the end of such outdoor event.
(e)
The conditional use approval shall specify whether such approval is for a one-time or limited number of specific events, or if such approval shall permanently authorize multiple similar or recurring events each year, in which case, such approval shall specify in adequate detail the general nature, size, and location of such approved events so as to enable the Township to determine future compliance with this section.
(f)
All outdoor events shall end no later than 12:00 midnight.
(g)
Adequate on-site parking and vehicular circulation must be provided to accommodate the maximum number of attendees for any outdoor event. No parking along public roadways shall be permitted. As appropriate, sufficient bus parking spaces shall be provided, subject to Board of Supervisors approval.
(h)
Adequate sanitary sewer facilities shall exist on-site, or shall be provided on a temporary basis, to accommodate the number of event attendees.
(i)
A maximum number of attendees for such outdoor events may be set as a condition of approval, based on the size, configuration, or other limitations of the property or other property-specific concerns related to noise, traffic, or other matters affecting public health, safety, and welfare.