West Caln Township, PA Zoning Ordinance

§ 350-1100 Purpose.

This article establishes supplemental regulations for certain uses that require special design considerations due to their nature. The supplemental regulations serve to regulate impacts of these uses and achieve compatibility with general character of the Township and other permitted uses. These regulations shall apply to all zoning districts in which the particular use being regulated is permitted. It is the intent of the Township that where these particular uses are permitted they comply strictly with the standards in this article that have been created to address their particular impacts and characteristics. The provisions of this article shall be in addition to applicable zoning district regulations, and any applicable sections of this or other ordinances.

§ 350-1101 Accessory uses, buildings, and structures.

General. Uses, inclusive of buildings and structures, in this section may be permitted as accessory uses and shall meet the following:

(1)

Accessory uses shall meet the following:

(a)

Incidental and subordinate to the principal use on the tract or lot.

(b)

Specifically be deemed accessory in accordance with the following terms of this section.

(2)

Accessory uses, inclusive of buildings and structures, in § 350-1101C through G and § 350-1101B(6) shall meet the following:

(a)

Located on the same tract or lot as the principal use.

(b)

Located in the rear or side yard of the lot.

(c)

Located no further forward on the tract or lot than the front line of the principal building, except for garages and post and rail fencing or a similar type of non-opaque fencing that does not restrict views into the tract or lot. No fencing in the front yard shall exceed four feet in height.

(3)

Except as otherwise required for specific uses, a minimum setback of not less than 10 feet from lot lines shall be provided. For active accessory uses, such as tennis courts or swimming pool, and for accessory buildings larger than 200 square feet, a minimum setback of not less than 15 feet from lot lines shall be provided. Properly permitted fences or walls shall be setback a minimum of 10 feet from any ultimate right-of-way line and a minimum of two feet from any rear or side yard lot line.

(4)

A maximum height of 15 feet, except as otherwise expressly permitted in this chapter.

Agricultural accessory uses. The following uses shall be permitted when incidental and subordinate to an agricultural use, CAO, CAFO, or mushroom production facility, and when located on the same lot or tract as the principal use. Maximum height shall follow height regulations for the district in which the use is located, unless otherwise expressly permitted by this chapter.

(1)

Storage of farm products and farm machinery.

(2)

Barns and stables sheltering livestock, silos, poultry, and farm products.

(3)

Preparation of agricultural products produced on the premises.

(4)

Garages and outbuildings.

(5)

Signs identifying the name of a farm in accordance with Article XIV.

(6)

Residential accessory uses, as per § 350-1101C.

(7)

Sale of agricultural products. The display and sale of agricultural products shall be an accessory use permitted from a permanent building or from a temporary stand dismantled and removed at the end of the growing season and solely by the owner or operator of the farm provided that:

(a)

There shall be a maximum of one sale of agricultural product accessory use per agricultural use. At least 50% of agricultural products displayed for sale shall be produced on the agricultural land contiguous to said building or stand.

(b)

Agricultural sales shall clearly be subordinate to the principal agricultural uses.

(c)

Any building, stand, sales, display, or parking area shall be at least 30 feet from any street line, and shall be at least 50 feet from a side or rear yard lot line abutting a residential use or district. Such building or stand shall be no more than 1,500 square feet in size.

(d)

A minimum of three parking spaces, or one space for each 300 square feet of building or stand total floor area, whichever shall be greater, shall be provided behind the street right-of-way line.

(e)

Signs associated with the sale of farm products shall conform to the sign regulations under Article XIV.

(8)

Secondary farm business. This accessory use would allow for a secondary source of income for a farmer and shall be allowed as a use solely by the owner or operator of the farm, so as to promote the continuation of existing agricultural uses and the Township agricultural character, and shall be in accordance with the following:

(a)

A maximum of two secondary farm businesses shall be allowed per agricultural use.

(b)

A maximum of two employees shall be permitted in conjunction with the secondary farm business in addition to family members or farm laborers employed in the primary farm business.

(c)

Secondary farm family businesses may include the following and shall be carried on within a barn or shed of a typical size within the Township:

[1]

Veterinary offices which primarily serve farm animals, stables, and supplies.

[2]

Manufacturing and sale of crafts.

[3]

Manufacturing of household articles, such as chairs, cabinets, clocks, and similar carpentry type articles for use in the home.

[4]

Processing of locally produced agricultural products, such as a home cannery or home slaughtering.

[5]

Sales of seeds and fertilizers.

[6]

Facilities for the sales, repair, and service of agriculturally related equipment and supplies.

[7]

Custom farm work.

[8]

Cattle and grain hauling.

[9]

Grain mills or portable grinding mills.

[10]

Blacksmith shop.

(9)

Additional farm-related dwelling. Additional farm-related dwellings shall be subject to the following regulations:

(a)

Additional farm-related dwellings shall only be used by family members or farm workers of the associated agricultural use.

(b)

Additional farm-related dwellings shall meet the area and bulk regulations of § 350-402C(4) of the Agricultural Preservation District, however any additional dwellings shall be set back a minimum of 25 feet from all lot lines.

(c)

A maximum of two additional farm-related dwellings shall be permitted on a parent agricultural tract as follows:

[1]

One additional farm-related dwelling unit is permitted on parent agricultural tracts from 10 to 25 acres; and

[2]

An additional farm-related dwelling is permitted on parent agricultural tracts larger than 25 acres.

(d)

The following options and the associated regulations are available to the landowner for development of additional farm-related dwellings:

[1]

Agricultural accessory dwelling unit. An agricultural accessory dwelling unit created by expanding an existing dwelling shall be permitted only in single-family detached dwellings.

[a]

The agricultural accessory dwelling unit shall remain accessory and secondary to the principal single-family detached dwelling.

[b]

The agricultural accessory dwelling unit shall be permitted in the existing principal single-family dwelling and may be a conversion of an existing part of the building, such as an attached garage or upper story of the dwelling, and designed so that to the greatest extent possible, the appearance of the principal dwelling remains that of a single-family detached dwelling.

[c]

Additions of no greater than 100% of the gross floor area of the existing dwelling or 2,000 square feet, whichever is less shall be permitted in conjunction with the creation of an accessory dwelling unit in order to facilitate more logical design or layout or as may be needed for enclosed stairwells or to meet Township and state safety codes. Additions shall comply with all applicable setback requirements in the district in which the use is located.

[d]

Either the principal single-family dwelling or the agricultural accessory dwelling unit shall be occupied by the bona fide owner of the property on which both dwelling units are located.

[2]

Conversion. The conversion of an existing structure on an agricultural parcel may be used for not more than one farm-related dwelling unit and shall follow the regulations as per § 350-1132.

[3]

Additional single-family detached dwelling units. Additional single-family detached dwelling units shall be permitted on an agricultural parent parcel in accordance with the requirements of this section and Article IV.

(10)

Accessory alternative energy facility, as per § 350-1139.

Residential accessory uses, buildings, or structures. The following uses shall be permitted when incidental and subordinate to a residential use and only when noncommercial and only for the use of residents of the dwelling):

(1)

Garage or parking area for the parking of passenger automobiles including noncommercial trucks and vans.

(2)

Structures such as shelter for household pets, storage sheds, bathhouses, gazebos, decks, patios, tennis courts, flagpoles, stables meeting the requirements of § 350-1212, and noncommercial greenhouses.

(3)

Noncommercial swimming pool subject to the following:

(a)

Noncommercial swimming pool, including both above-ground or in-ground pools, designed with a depth of two feet or more shall be for use of residents and their guests and shall not be operated commercially as to charge a fee for its use.

(b)

A permit shall be required to locate and construct a noncommercial swimming pool.

(c)

Swimming pools and buildings related to the pool may be located in the rear or side yard of the lot.

(d)

Outdoor lighting, if any, shall be shielded and/or reflected away from adjacent properties so that the lighting is neither directed nor reflected upon adjacent properties.

(e)

Noncommercial swimming pools shall be completely enclosed by a permanent fence of durable material at least four feet in height which shall be maintained in a good, safe condition. The fence shall be erected prior to the filling of the swimming pool and shall have self-closing and self-latching access gates that shall open away from the pool and where the release mechanism is located on the pool side of the gate. However, in the case of a shared community swimming pool such as in a multifamily development, the access gate to the pool area shall be locked when the pool is not in use. The fence and access gates shall be constructed so as not to have opening exceed four square inches in any direction. This fencing provision shall not apply to a swimming pool four feet or more above grade when equipped with removable steps or ladders, provided that said steps or ladders shall be removed when the pool is not in use. In addition to the above requirements, all fences, barriers and gates for swimming pools shall comply with the applicable requirements of the Uniform Construction Code including more stringent requirements related to safety.

(f)

At the time of application for a building permit, it shall be demonstrated that the pool contains a filtration system, and that drainage of the pool is adequate and will not interfere with the water supply system, with existing sewage facilities, with public streets, and shall not drain into the neighboring property.

(g)

Freestanding independent hot tubs and those associated with a noncommercial swimming pool shall be covered and latched when not in use.

(4)

Garage or yard sales.

(a)

Such temporary uses shall last no more than three consecutive days, and shall be limited to not more than four times within one calendar year. There shall be at least 30 days between each occurrence.

(b)

Signs advertising garage or yard sales shall be limited to four square feet in size, and shall be posted no more than two days prior to the sale and removed by the day after the final day of the sale. No more than four off-premise signs shall be placed, and the location of off-premises signs shall be approved by the property owners of the properties on which they are placed.

(c)

No more than one vehicle for sale or show shall be displayed on a residential lot.

(d)

The garage sale shall occur in the front yard or garage.

(5)

Radio and television antenna, or microwave dish antenna subject to § 350-1104.

(6)

Fences or walls in accordance with the provisions set forth in § 350-1101A(2) and (3) with respect to required setbacks and location upon the lot and also in accordance with Article XII.

(7)

Signs associated with the occupants of the dwelling in accordance with Article XIV.

(8)

Uses designed to serve the residents of a residential development, including areas for washing machines and dryers, lockers or storage areas, recreational facilities and lounges.

(9)

Trailers or recreational vehicles designed for use as vacation travel trailers placed, stored or parked on an occupant's or owner's lot shall not be used at any time during such placement for sleeping or living quarters or for any accessory use in conjunction with the principal use of the lot.

(10)

Temporary or nightly, outdoor parking or storage of commercial vehicles shall be limited to one vehicle per lot within the lot boundaries. There shall be a maximum of one such vehicle per lot, and such vehicle shall be a maximum length of 35 feet. Such vehicle shall be owned or operated by the resident of the lot.

(11)

Minor home occupation in accordance with § 350-1115.

(12)

Major home occupation in accordance with § 350-1115.

(13)

Supplemental dwelling unit. This accessory use, not related to agricultural uses, allows a smaller secondary dwelling unit within an existing single-family detached dwelling or within a new or existing accessory building on the same lot as the principal single-family detached dwelling. The purpose of this use is to protect and allow efficient use of the existing housing stock, and to provide an opportunity to allow housing to meet the specific housing needs of Township families as well as allow the owners to remain residents of that dwelling and the Township.

(a)

A supplemental dwelling unit shall be permitted within single-family detached dwellings or within a new or existing accessory building on the same lot as the principal single-family detached dwelling.

(b)

The supplemental dwelling unit shall remain accessory and secondary to the principal single-family detached dwelling.

(c)

The area and bulk regulations of the zoning district shall apply to the lot on which the supplemental dwelling unit is located.

(d)

No more than one supplemental dwelling unit shall be allowed on each lot. If the lot is greater than 10 acres, two supplemental dwellings units are allowed.

(e)

The supplemental dwelling unit shall be permitted only in one of the following configurations:

[1]

Located in the existing principal dwelling and may be a conversion of an existing part of the building, such as an attached garage or upper story of the dwelling, and designed so that to the greatest extent possible, the appearance of the principal dwelling remains that of a single-family detached dwelling. Entrances to the supplemental dwelling unit shall be located to the rear or side of the building.

[2]

Contained within a new or an existing accessory building on the same lot as the principal dwelling.

[3]

Additions shall comply with all applicable area and bulk requirements in the district in which the use is located.

(f)

Either the principal single-family dwelling or the supplemental dwelling unit shall be occupied by the bona fide owner of the property on which both dwelling units are located.

(g)

The supplemental dwelling unit shall be no more than 25% of the principal dwelling's total floor area, and shall have a minimum floor area of 400 square feet.

(h)

Two off street parking spaces shall be provided for a supplemental dwelling unit in addition to the parking requirements for the principal use, in accordance with Article XIII.

(14)

Short-term rental. A short-term rental, as specifically defined in Article II of this chapter, shall be permitted as an accessory use to an owner-occupied, single-family detached residential use in strict accordance with Chapter 262 of the West Caln Township Code including the requirement that the principal single-family dwelling shall be occupied by the bona fide owner of the property on which the short-term rental is located. A short-term rental is subject to the same design configurations as a supplemental dwelling unit.

(15)

Accessory alternative energy facility, as per § 350-1139.

Commercial or industrial accessory uses, buildings, or structures. The following uses shall be permitted when incidental and subordinate to a commercial or industrial use:

(1)

Off-street parking facilities in accordance with Article XIII.

(2)

Signage in accordance with Article XIV.

(3)

Outdoor storage or display of materials in accordance with Article XII.

(4)

Fences or walls in accordance with Article XII.

(5)

Radio and television antenna, or microwave dish antenna subject to § 350-1104.

(6)

Flagpoles.

(7)

Cafeteria.

(8)

Accessory alternative energy facility, as per § 350-1139.

Institutional accessory uses, building, or structures. The following uses shall be permitted when incidental and subordinate to an institutional use:

(1)

Off-street parking facilities in accordance with Article XIII.

(2)

Signage in accordance with Article XIV.

(3)

Outdoor storage or display of materials in accordance with Article XII.

(4)

Fences or walls in accordance with Article XII.

(5)

Radio and television antenna, or microwave dish antenna subject to § 350-1104.

(6)

Flagpoles.

(7)

Cafeteria.

(8)

Accessory alternative energy facility, as per § 350-1139.

Temporary structure, building, or use. Temporary structures, buildings, or uses shall be subject to the following:

(1)

A temporary permit shall be required for structures or uses necessary during construction or other special circumstances of a nonrecurring nature, subject to the Township permitting process.

(2)

A temporary structure or use could include, but is not limited to offices for contractors, temporary residential uses, political campaign headquarters, temporary structures for business operations which have been displaced from the principal building due to damage, or other similar uses.

(3)

The time period of the initial permit shall be six months. The permit may be renewed for three months if the applicant can demonstrate reasonable progress towards the completion of the project necessitating the temporary structure, building, or use. A temporary use and occupancy permit shall not be required unless such uses remain in the same location for more than two consecutive days.

(4)

It shall be the responsibility of the applicant to demonstrate the need for a temporary use and occupancy permit.

(5)

Such structure, building, or use shall be removed completely within 14 days of the expiration of the permit without cost to the Township. A removal bond in a form satisfactory to the Township Solicitor from the owner or operator of the temporary structure or use may be required at the request of the Board of Supervisors.

Temporary community event. A temporary permit shall be required for a temporary community event, subject to the Township's permitting process. A temporary activity could include, but is not limited to, special events, flea markets, public exhibitions, municipal activities, nonprofit events, street fairs, festivals, fund-raisers, and similar organizational activities, subject to the following:

(1)

Such temporary uses shall be limited to not more than seven consecutive days per event, and shall be limited to not more than four events in a calendar year for each organization. There shall be a 30-day period between each event.

(2)

Temporary signs advertising a temporary community event shall be subject to the provisions of Article XIV.

(3)

The applicant for the use shall provide the Township with plans satisfactory to the Township to ensure adequate parking, emergency access, road access, sanitary facilities, refuse collection, noise control, adequate lighting, and clean-up after the event. The Planning Commission shall make a recommendation to the Township as to whether the proposed plans are adequate.

§ 350-1102 Adult commercial uses.

Adult commercial entertainment shall be subject to the following regulations:

The following location standards shall be met:

(1)

Adult entertainment uses shall be located a minimum of 1,000 feet from another adult entertainment use in West Caln Township.

(2)

Adult entertainment uses shall be located a minimum of 500 feet from any residential zoning district, church, school, day care facility, or public playground or park in West Caln Township.

Signs and visible messages based on the allowable sign area within the applicable zoning district shall be permitted, provided:

(1)

Sign messages shall be limited to verbal description of materials or services available on the premises and shall not be obscene in nature.

(2)

Sign messages may not include any graphic or pictorial depiction of material or services available on the premises.

(3)

Messages which are visible or intended to be visible from outside the property, such as on or within the doors or windows, shall not display materials, items, publications, pictures, films, or printed material available on the premises.

Adult commercial uses shall require application for a conditional use permit from the Board of Supervisors prior to commencement of operation. Application for such a conditional use permit shall consist of:

(1)

A description of the premises for which the permit is sought.

(2)

A statement of the intended use(s).

(3)

Hours of operation.

(4)

Type, size, and location of proposed sign(s).

(5)

Any additional information required by Article XVI.

Should any adult commercial use cease or discontinue operation for a period of 90 or more consecutive days, it shall not resume, nor may it be replaced by another adult entertainment use unless said use complies with all the requirements of this section and conditional use approval.

Nothing in this chapter shall be deemed to allow any uses that are "obscene" as that term has been interpreted from time to time by the courts of the United States or the Commonwealth of Pennsylvania.

There shall be no alcoholic beverages in associations with an adult commercial use without proper state licensing and permission from the PA Liquor Control Board.

§ 350-1103 Agricultural uses, CAOs, CAFOs, and mushroom production facilities.

Agricultural uses, CAOs, CAFOs, and mushroom production facilities and uses associated with agriculture shall be subject to the following regulations:

General regulations.

(1)

Gardening, incidental to residential use, shall be permitted in any district without restriction in regard to lot area.

(2)

The keeping of farm animals, exclusive of customary household pets and except as otherwise permitted shall be in accordance with the provisions of § 350-1212.

(3)

Setbacks.

(a)

Any structures used for the shelter or housing of livestock or poultry shall be located not less than 100 feet from any lot line.

(b)

There shall be a fall zone for silos and other like farm structures whereby such structure shall be situated a minimum distance equivalent to the height of the structure plus 10% of that height from all property lines and public rights-of-way. In no case shall any such structure be constructed closer than 50 feet to any abutting property line or public right-of-way, except that where setbacks provided in the applicable district differ from 50 feet, the greater dimension shall apply

(c)

Except as provided for dwellings or for riding rings, no other farm building or structure shall be constructed closer than 50 feet to any abutting property line or public right-of-way. Where setbacks provided in the applicable district differ from 50 feet, the greater dimension shall apply.

(4)

Barns, silos, and bulk bins shall be exempt from the maximum building height limit when attached to an existing structure or located such that the distance from the base of the barn, silo, or bulk bin to both the nearest property line and the nearest street right-of-way line is no less than the height of said barn, silo, or bulk bin plus 10% of that height. In no case shall any building or structure exceed 85 feet in height.

(5)

No discharge of liquid waste shall be permitted into a reservoir, sewage or storm sewer disposal system, holding pond, stream or open body of water or groundwater, as prohibited by the Clean Streams Law, 35 P.S. 691.1 et seq., and the associated regulations of the Pennsylvania Department of Environmental Protection and Ordinances of West Caln Township.

(6)

All grazing and pasture areas where animals are kept shall be fenced.

(7)

The Township highly encourages a conservation plan and nutrient management plan to be completed for all agricultural uses, as specified by the Chester County Conservation District and under the Nutrient Management and Odor Management Act, 3 Pa.C.S.A. § 501 et seq., as amended, and such plans shall be mandatory when required by aforesaid Act.

(8)

The display and sale of agricultural products and the operation of a secondary farm business shall be in accordance with § 350-1101B(7) and (8), respectively.

(9)

All agriculture activities shall be conducted in a manner consistent with accepted agriculture best management practices, and best available technologies, as issued by the Pennsylvania Department of Agriculture, the State Conservation Commission, the Pennsylvania Department of Environmental Protection, Pennsylvania State University - College of Agriculture, or similar recognized entities and shall be subject to all local, state and federal regulations.

Agricultural uses other than CAOs, CAFOs, and mushroom production facilities. Agricultural uses, other than CAOs, CAFOs, and mushroom production facilities, and customary buildings associated with such agricultural uses shall be in accordance with the following standards:

(1)

Except as permitted in § 350-1101B(8), no slaughtering, processing, or production operations for commercial purposes shall be permitted.

(2)

For an agriculture use involving the generation and handling of manure, a copy of the Nutrient Management Plan or Manure Management Plan as prepared for the operation, shall be provided to the Township, as shall copies of all amendments to the Plan as they are made.

(3)

The storage or stock-piling of manure, organic matter, or other odor or dust producing substance shall be designed to prevent stormwater runoff into streams, streets, and adjacent properties, and shall not be permitted within 100 feet of any abutting property or public right-of-way; closer than 100 feet to any wells, springs, sinkholes, wetlands, streams, or waterbodies; on slopes adjacent to any wetlands, streams, or waterbodies; or within any swale or drainageway. Manure shall only be stored or stockpiled on an approved impervious surface that will restrict the associated nutrients from being released onto and into adjacent soils and the groundwater aquifer.

(4)

Lots shall be graded so that animal wastes are confined, stockpiled, stored, or disposed of within the lot on which they originate. Waste disposal shall also be in accordance with the "Waste Disposal Ordinance of West Caln Township of 1983," as applicable.

CAO or CAFO uses. CAO or CAFO uses and customary buildings associated with CAO or CAFO uses shall be in accordance with the following standards:

(1)

Residential dwellings shall be located a minimum of 100 feet from any adjacent CAO or CAFO use.

(2)

A Nutrient Management Plan as originally submitted and later in the form approved by the Pennsylvania State Conservation Commission or Chester County Conservation District under the guidelines of PA Act 38, Nutrient Management Act shall be provided to the Township at the time of submission and again at time of approval with a copy of the issued approval letter. All subsequent amendment applications and approval letters shall also be provided to the Township. Likewise, the design/construction plans as certified by an engineer, for manure storage facilities governed by the provisions of 25 Pa. Code § 83.351, as then in effect, shall be provided to the Township at the time of submission to and approval by the State Conservation Commission or Chester County Conservation District. An engineer certificate shall also be provided to the Township certifying that the new facility was constructed in conformity with the submitted plan.

(3)

An Odor Management Plan developed by a Certified Odor Management Specialist, as originally submitted and later in the form approved by the Pennsylvania State Conservation Commission or Chester County Conservation District under the guidelines of PA Act 38, Nutrient Management Act shall be provided to the Township at the time of submission and at the time of approval, with a copy of the issued approval letter. All subsequent amendment applications and approval letters shall also be provided to the Township.

(4)

A copy of the Nutrient Management Plan Summary Information required to be submitted to the State Conservation Commission pursuant to 25 Pa. Code Section 83.281 shall be provided to the Township.

(5)

A copy of any required National Pollutant Discharge Elimination System (NPDES) Permit application submitted to the Pennsylvania Department of Environmental Protection shall be provided to the Township. A copy of the NPDES Permit issued, and all exhibits, as approved by the Pennsylvania Department of Environmental Protection, shall also be provided to the Township.

(6)

A Stormwater Management Plan shall be prepared and shall be provided to the Township for review and approval.

(7)

A driveway occupancy permit shall be secured from the Township after a review by the Township Engineer, or from the Pennsylvania Department of Transportation, with a copy to the Township, to establish that access onto the Township or State roads is suitable to accommodate the amounts and sizes of truck traffic that will be generated by the CAO or CAFO use.

(8)

No farm structure or other accessory outbuilding for CAO or CAFO use (excluding manure storage facilities governed by the provisions of 25 Pa. Code § 83.351) shall be constructed or expanded closer than: 200 feet from any residential zoning district line; or, 200 feet from an existing dwelling or existing commercial building in which people are employed located on an adjoining lot.

(9)

Composting on a commercial basis is prohibited. Any on-site composting shall be limited to use on the premises upon which such compost is made.

Mushroom production facility and mushroom composting.

(1)

Mushroom production facilities and customary buildings associated with Mushroom production facilities shall be in accordance with the following standards:

(a)

Mushroom production operations, including composting, shall be in specific conformity with the DEP manual entitled Best Practices for Environmental Protection in the Mushroom Farm Community. The applicant shall provide documentation to the Township that the operation has a mushroom farm environmental management plan that meets best management practices and is approved by the Chester County Conservation District.

(b)

Minimum lot area shall be 10 acres.

(c)

All buildings, structures, and loading facilities shall be set back a minimum of 100 feet from any adjoining property line or public right-of-way.

(d)

Maximum lot coverage shall not exceed 50%.

(e)

A landscaped buffer with a minimum width of 25 feet shall be located along property lines. No structures, storage, parking, or any other related activity shall be permitted within this buffer. Vegetative screening shall meet the requirements of § 350-1206.

(2)

Mushroom composting.

(a)

Mushroom composting shall be an accessory use on the same property used for a mushroom production facility.

(b)

Outdoor preparation and storage of compost shall be located at least 150 feet from any dwelling other than that of the property owner and a minimum of 100 feet from any adjoining property line.

(c)

Setbacks for enclosed composting shall meet § 350-1103D(1)(c).

(d)

Mushroom composting shall meet § 350-1103D(1)(a) and the requirements of Chester County Conservation District and/or Pennsylvania Department of Environmental Protection for leachate and compost pad runoff.

(e)

Stockpiling shall meet § 350-1103B or as otherwise determined in the approved mushroom farm environmental management plan.

(f)

Disposal and application of spent compost shall be permitted, provided the compost is used as fill, applied to fields, or transported to a facility for processing into another form and shall meet § 350-1103B.

§ 350-1104 Antenna (radio, television, microwave dish, and commercial communication).

Microwave dish, radio or television antenna. Such antenna shall be considered a permissible accessory use, subject to the following standards:

(1)

Radio or television antenna. Radio or television antenna shall be subject to the following:

(a)

Where applicable, structures shall comply with Federal Communications Commission (FCC) regulations and the Township Building Code.

(b)

The structure shall meet all yard requirements of the zoning district in which it is located, however no portion of the base of a freestanding antenna shall be located closer to any lot line than the height of the antenna, measured from the base of the antenna to the highest point.

(c)

The highest point of an antenna shall not exceed the peak of the roof of the principal building by more than 15 feet, or if a freestanding antenna the highest point shall be 50 feet.

(d)

No more than two antenna of any kind, including radio, television or microwave dish antenna, shall be permitted per lot, nor shall more than one freestanding radio or television antenna or one microwave dish antenna be permitted per lot.

(2)

Microwave dish antenna. Microwave dish antennas shall be subject to the following requirements:

(a)

Microwave dish antenna residential accessory use. Microwave dish antennas shall be considered as a permissible accessory residential use, subject to the following:

[1]

When freestanding, (not roof mounted), the following shall apply:

[a]

The total height of the microwave dish antenna shall not exceed 10 feet.

[b]

Such an arrangement shall be screened with staggered plantings or fencing to the extent that such screening does not substantially interfere with reception.

[c]

Supporting material shall comply with the Township Building Code.

[d]

The microwave dish antenna shall be located only in the side or rear yard, as is feasible with regard to reception, and shall not be closer than 10 feet to any property line.

[2]

When roof or wall mounted, the following shall apply:

[a]

The microwave dish antenna shall be located on a portion of the roof or wall facing away from the front of the lot and no part thereof shall project above the ridge line or be visible from the front of the lot, unless approved as a special exception by the Zoning Hearing Board.

[b]

Mounting materials and methods shall comply with the Township Building Code.

[3]

No more than one microwave dish antenna shall be permitted on any lot.

(b)

Microwave dish antenna commercial, institutional, or industrial accessory use. Microwave antennas shall be considered a permissible commercial, institutional, or industrial accessory use, subject to the following regulations:

[1]

Microwave dish antennas up to three feet in diameter may be installed, subject to those specific regulations set forth for residential accessory uses, above.

[2]

Microwave dish antennas exceeding three feet in diameter shall be permitted, subject to the following:

[a]

The total height of the microwave dish antenna shall not exceed 12 feet, unless approved as a special exception by the Zoning Hearing Board.

[b]

The microwave dish antenna shall be located only in the side or rear yard, as feasible with regard to reception, and not less than 25 feet from any property line.

[c]

Screening shall be provided in accordance with those stipulated for residential microwave dish antenna, above.

[d]

Before erection or installation of any such microwave dish antenna, a permit application shall be made to the Township and a fee paid, as may be established by Board of Supervisors, and shall be accompanied by plans to scale, showing:

[i]

The dimensions of the lot and location of the buildings thereon.

[ii]

Details of all microwave antenna anchors, supports and foundations, and the exact proposed location thereon on the lot.

[iii]

Design wind load on each anchor and allowable wind load on each anchor.

[iv]

Forces on foundation, including live load and dead load.

[v]

Allowable soil bearing pressure and actual soil bearing pressure.

[vi]

Strength and allowable stresses of cables, rods or braces. Actual force and allowable force for each cable, rod or brace.

[vii]

When microwave antennas are attached to an existing structure, provide details of how microwave antenna loads will be distributed to the existing structure.

(c)

General regulations. Microwave dish antennas in all districts shall be subject to the following additional general regulations:

[1]

All microwave dish antenna shall remain accessory to the principal use of the lot on which it is located.

[2]

No microwave antenna may be erected in any district or any location within a district which is prohibited by regulation of the FCC or other regulatory agency having jurisdiction.

[3]

Except in the Agricultural Preservation District, Multi-Purpose District, and Rural Center District, microwave dish antenna shall be used solely for the reception of radio and electromagnetic waves.

[4]

Dishes may be inspected annually by the Township for safety concerns.

Commercial communications antenna and facilities. The following regulations shall apply to all commercial communication antenna and facilities constructed in the Township.

(1)

Purpose.

(a)

Accommodate the need for commercial communications facilities while regulating their location and number in the Township.

(b)

Encourage the joint use of any new antenna support structures in order to reduce the number of such structures needed in the future.

(c)

Minimize adverse visual effects of commercial communications facilities, and antenna support structures through proper design, siting, and vegetative screening.

(d)

Avoid potential damage to adjacent properties from antenna support structure failure and falling ice, through proper structural engineering and proper site location of antenna support structures.

(2)

Standards for the location of commercial communications facilities. All commercial communication antenna and facilities shall meet the following locational requirements:

(a)

An antenna that is attached to a communications tower, smoke stack, water tower, or other tall structure, is only permitted in the Agricultural Preservation District, Multi-Purpose District, and Rural Center District as a use by-right and shall not exceed the height of the existing structure by more than 15 feet, otherwise Subsection B(2)(b), below, shall apply. If the antenna is to be mounted on an existing structure, or within an existing structural element such as a steeple, a full site plan shall not be required.

(b)

A commercial communications facility with an antenna that is either not mounted (freestanding) on an existing structure, or is greater than 15 feet in height than the structure onto which it is mounted, requires approval as a conditional use in accordance with Article XVI. Such use shall only be permitted in the Agricultural Preservation District and the Multi-Purpose District.

(c)

All other uses ancillary to the antenna and associated equipment (including a business office, maintenance depot, vehicle storage, etc.) are prohibited from the commercial communications facility, unless otherwise permitted in the zoning district in which the commercial communications facility is located.

(d)

If located on the same lot with another permitted use, the antenna shall not be located in the front or side yard. This requirement shall not apply to an antenna mounted on an existing structure.

(e)

The support structure and antenna shall fall within the lot lines of the property on which it is located and shall not intrude upon the road right-of-way.

(3)

Standards for approval applicable to all commercial communication facilities. All commercial communication facilities shall meet the following requirements:

(a)

Height. The applicant shall demonstrate that the antenna is the minimum height required to function satisfactorily, unless it can be demonstrated that the purpose of increased height beyond the minimum necessary is to allow for future co- location of facilities on said antenna, which in no case shall exceed 200 feet for antenna not mounted to an existing structure. Antenna height is the vertical distance measured from grade at the base of the antenna to the highest point of the support structure or antenna, whichever is higher. If the support structure is on sloped grade, the lowest grade shall be used in the calculation of the height.

(b)

Setbacks. If a new antenna support structure is to be constructed, the minimum distance between the base of the support structure or any guy wire anchors, and any property line shall be equal to or greater than the antenna height, as defined in Subsection B(3)(a), above. However, setback required can be modified by the Board of Supervisors, if the Board of Supervisors determines that a lesser setback will reduce the commercial communication antenna's visual impact and if safety issues are satisfied, such that there is evidence satisfactory to the Township Engineer that the antenna and support structure have a located pattern of collapse (the antenna and support structure is collapsible on itself).

(c)

Structure safety. The applicant shall demonstrate that the proposed antenna and support structure are safe, designed and built in accordance with the Township Building Code, Federal Aviation Administration (FAA) regulations, and other applicable codes and standards, and that the surrounding areas will not be negatively affected by antenna support structure failure, falling ice or other debris, electromagnetic fields, or radio frequency interference. The proposed antenna and support structure shall be designed to withstand a wind load of 125 mile per hour. All antenna support structures shall be fitted with anti-climbing devices, as approved by the manufacturer. The owner or operator of the commercial communication antenna shall submit to the Township an annual inspection report regarding the structural safety of the commercial communications antenna support structure and facility.

(d)

Fencing. A fence shall be required around the antenna support structure and other equipment, unless the antenna is mounted on an existing structure. The fence shall be 12 feet in height.

(e)

Landscaping. Landscaping shall be required to screen as much of the antenna support structure, associated building and equipment, fence, and other ground level features as possible. A combination of existing vegetation, topography, walls, decorative fences, or other features may be permitted if they achieve the same degree of screening as required below. If the antenna is mounted on an existing structure, such landscaping shall not be required.

[1]

An evergreen screen consisting of either a hedge planted every four feet minimum or evergreen trees planted every 10 feet.

[2]

Existing vegetation on and around the site shall be preserved to the greatest extent possible.

(f)

Joint use. To reduce the number of antenna support structures needed in the community in the future, antenna shall co-locate and the proposed support structure shall be required to accommodate other users, including other commercial communication companies, and local police, fire, and ambulance companies, unless there are mechanical, structural or other factors preventing the joint use of facilities.

(g)

Licensing. The commercial communications company must provide evidence to the Township that it is licensed by the FCC.

(h)

Electromagnetic emission. The commercial communications company shall comply with FCC regulations and requirements promulgated by the FCC for safe human exposure to radio frequency electromagnetic fields, and shall provide copies to the Township of the latest FCC information regarding emission standards and shall also submit information on the power intensity of the facility annually demonstrating compliance with current FCC standards. Once installed, any increase in power or output of the facility shall be reported immediately to the Township. There shall be no interference with existing radio, television, or other reception as per § 350-1214H. In the event that a commercial community facility or antenna causes interference with radio or television reception on any property within the Township, or with any police, fire, or other emergency services communication for a period of greater than three consecutive days, the property owner may notify the Township which may notify the applicant of such interference and the applicant, at their expanse, shall thereafter ensure that any interference issues are corrected in a timely manner. If the applicant fails or refuses to correct such issues in a timely manner, the applicant shall be subject to the enforcement provisions of this chapter.

(i)

Parking. If the commercial communications site is fully automated, adequate parking shall be required for maintenance workers. If the site is not automated, the number of parking spaces shall equal the number of people on the largest shift, with a minimum of one required parking space.

(j)

Design. Commercial communication antenna mounted on an existing structure shall be designed and maintained, to the greatest extent feasible, to blend with the existing structure, Commercial communication antenna support structures shall, to the greatest extent feasible, blend with the existing surroundings, and antenna support structures shall be painted or have a galvanized finish to reduce visual impact. Painting of antenna support structures shall meet all FAA regulations.

(k)

Lighting. No antenna support structure shall be artificially lighted except as required by the FAA. Such lights shall be shielded so as to reduce intrusion upon nearby properties.

(l)

The applicants shall provide to the satisfaction of the Township proof of evidence from a licensed professional engineer that the placement of the commercial communications antenna will not interfere with public safety nor the usual and customary transmission or reception of radio, television, or other communication services for adjacent residential and nonresidential properties.

(m)

Access drive requirements.

(n)

Site plan. Site plan requirements are as follows:

[1]

A site plan shall be required for all commercial communication sites proposing a new structure or an antenna 15 feet or higher than the existing structure on which it is mounted. The site plan shall show the antenna, antenna support structure and specifications, equipment facility, building, fencing, buffering, grading, ingress and egress, grounding, datum/benchmark utilized in preparation of the plan, key map showing the parcel(s) and the relation to adjoining property, streets roads and municipal boundaries including adjacent uses within 200 feet of the site, all existing and proposed easements or rights-of-way, name of record owner of the tract and source of title as shown by the Chester County Recorder of Deeds, name address, license number and seal of registered professional engineer responsible for the plan, total parcel(s) boundary lines with accurate distances to the hundredths of a foot and bearings in degrees, minutes and seconds, all monumentation, description and illustration of the design of the commercial communication antenna as well as all other provisions named in § 350-1104B(3) in order for the Township to assess visual impact. The site plan shall meet all other applicable requirements of this chapter for the district in which it is located. Additionally, a report prepared by a qualified licensed professional engineer in the Commonwealth of Pennsylvania shall certify as to the proper design of the foundation and support structure in accordance with all applicable requirements.

[2]

The site plan shall not be required if the antenna is to be mounted on an existing structure and is less than 15 feet higher than the existing structure. In such cases, information necessary for the applicable zoning permit and building permit shall be provided as well as a report prepared by a qualified licensed professional engineer in the Commonwealth of Pennsylvania shall certify as to the proper design of the foundation and support structure in accordance with all applicable requirements.

(4)

Standards for commercial communication facility requiring conditional use approval. In addition to the requirements of Article XVI and this section, the following standards shall be met when a commercial communications facility requires approval as a conditional use:

(a)

The commercial communications company is required to demonstrate, using technological evidence, that the antenna must be located where it is proposed in order to satisfy its function in the company's grid system, and demonstrate that there is a need for this facility in the community where it will be located.

(b)

If the commercial communications company proposes to build a communication tower or other antenna support structure, as opposed to mounting the antenna on an existing structure, it is required to demonstrate that it contacted the owners of tall structures within a 1/4 mile radius of the site proposed, requesting permission to install the antenna on those structures, offered market compensation to such owners, and was denied permission for reasons other than economic ones. Tall structures shall include, but are not limited to, smoke stacks, water towers, tall buildings, and antenna support structures of other communications towers (fire, police, etc.). The Township may deny the application to construct a new tower if the applicant has not made a good faith effort to mount the antenna on an existing structure.

(c)

If conditional use is granted, it shall be subject to the condition that the use of the commercial communication antenna support structure shall be made available to other users as per § 350-1104B(3)(f), above.

(d)

The applicant shall document the ownership or lease of land on which the communication facility is to be located.

(5)

Installation and maintenance. Commercial communications facility and antenna owners shall employ ordinary and reasonable care in the installation and maintenance of such facilities. They shall maintain no less than the best available technology for preventing failures and accidents which are likely to cause damage, injury or nuisance to the public.

(6)

Removal of commercial communication antenna. The commercial communication antenna/facility owner is required to notify the Township immediately upon cessation and abandonment of the operation. Commercial communication antenna that are no longer licensed and active commercial transmitting facilities shall be removed at the owner's expense within 60 days after the last date that the facility was licensed by the FCC. At the time of issuance of the permit for construction of the commercial communication antenna/facility, a bond or escrow account shall be posted with the Township in an amount approved by the Township sufficient to ensure the expense of the dismantling and removal of said structure. The antenna and facility shall be removed within one foot of ground level.

(7)

Fees. An applicant seeking the approval of a commercial communication antenna shall establish an escrow account with the Township from which the Township will make payment of fees and charges for consultants it deems necessary for the processing and for reasonable expenses related to the application for a commercial communication antenna/facility.

§ 350-1105 Automobile or truck sales.

Automotive and truck sales facilities shall be subject to the following regulations:

The minimum lot size for automobile and truck sales is two acres.

Building and permanent structures must be setback a minimum of 75 feet from all property lines. Parking and display areas for automobiles and trucks and service and loading areas shall be a minimum of 50 feet from all residential uses and districts.

A minimum of 20% of the lot shall be landscaped and open areas

Primary access shall be from a collector or arterial road, as designated on the Functional Classification of Roads map (Appendix A),[1] and as herein defined.

[1]

Editor's Note: Said Appendix is included as an attachment to this chapter.

This use may contain up to a maximum of 60,000 square feet of total floor area. For the purposes of this section, an individual building shall be considered as a space or contiguous spaces under one roof, fully separated from any abutting building by permanent walls and with no direct access to any abutting building.

Except where buildings directly abut one another, no individual building shall be placed closer to any other building than the height of the taller of such adjacent buildings.

Parking lot design, landscaping, buffering, lighting, signs, and access shall be in accordance with the applicable sections of this chapter.

There shall be no commercial sale of gasoline. Gasoline on the premises shall only be for use related to the primary business of automotive and truck sales.

Waste shall be removed from the property by a certified waste removal agency and shall follow all applicable PaDEP regulations

§ 350-1106 Bank and financial institution.

Banks or other financial institutions shall be subject to the following regulations:

The use shall have direct access to a collector or arterial road, as designated on the Functional Classification of Roads map (Appendix A),[1] and as herein defined.

[1]

Editor's Note: Said Appendix is included as an attachment to this chapter.

There shall be no more than one point of egress to each street on which the lot abuts.

The access shall be set back at least 40 feet from street intersections. The distance shall be measured from the street right-of-way to the edge of the access driveway.

Drive-through windows or automated tellers shall be subject to the regulations of § 350-1111.

§ 350-1107 Bed-and-breakfast.

Bed-and-breakfast facilities shall be subject to the following regulations:

The bed-and-breakfast shall remain incidental and secondary to the principal use of the building as a dwelling. A bed-and-breakfast shall be permitted only in a single-family detached dwelling.

The principal operator of a bed-and-breakfast shall reside in the dwelling house of said facility. Nonresident employees shall be restricted to two in addition to the resident members of the family.

Exterior and interior alterations shall be limited to those customarily associated with residential use or those which may be required by the Pennsylvania Department of Labor and Industry, or for safety reasons as required by any other local, state, or federal regulations. Fire escapes, external stairways, or additional external doors shall be located either to the side or rear of the residence.

There shall be no separate cooking facilities in any guestroom. Food served to guests on the premises shall be limited to breakfast and tea and eating facilities shall be open only to guests.

When located within 100 feet of a residential use, the use of active recreation amenities, such as a swimming pool or tennis court, shall not be lighted and shall be limited to the hours 9:00 a.m. to 10:00 p.m.

Where an on-lot sewage disposal system is to be used, the application for the use shall be accompanied by a valid Chester County Health Department permit verifying that the existing or proposed sewage system can accommodate the maximum potential usage and that an appropriate site for a replacement system is available should the existing system fail.

Adequate lighting and off-street parking shall be provided in accordance with Article XII and Article XIII.

Signs associated with the bed-and-breakfast facility shall be in accordance with Article XIV.

The minimum lot size for a bed-and-breakfast shall be 20,000 square feet in the Village District and Rural Center District, and shall be one acre in other districts where the use is permitted.

Off-street parking shall be as provided in Article XIII.

§ 350-1108 Cemetery.

Cemeteries shall be subject to the following regulations:

Proper landscaping and ground cover shall be maintained at all times. Retention of natural buffer areas shall be maintained to the greatest degree possible along with the use of landscape material to mitigate impacts to scenic landscapes and water recharge capacity.

No buildings other than crematoriums, mausoleums, mortuaries and the like shall be permitted and no building shall be more than 15 feet in height.

No cemetery (except where located on the same lot as a church) shall be less than 10 acres in size, except that a pet cemetery shall have a minimum lot area of five acres. Cemeteries associated with places of worship shall have a minimum lot size of one acre.

An application for a cemetery use shall include the following:

(1)

A master plan identifying the overall layout of plots, internal road network, buildings, and other improvements.

(2)

A valid permit issued by the Pennsylvania Department of Health, when applicable.

(3)

A narrative of how the cemetery will be developed and maintained.

(4)

That the recharge of the groundwater is not adversely impacted by the cemetery design shall be demonstrated by the applicant. The layout or burial grounds, structures, and other impervious surfaces and the design of stormwater management facilities shall optimize opportunities for natural recharge. Sufficient hydrological information shall be provided by the applicant to the Township Engineer to satisfy that the potential for groundwater contamination from the development of the burial grounds shall not be hazardous to any neighboring water supply wells.

Individual plots shall be set back a minimum of 50 feet from all lot boundaries and public rights-of-way.

No vault shall be located where at its greatest depth below the ground surface it may intrude upon the seasonal high water table.

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.

§ 350-1109 Club or lodge.

A club or lodge shall be subject to the following regulations:

The minimum area for a club or lodge shall be three acres.

The use of the facility shall be for authorized members and guests only.

Lodging of overnight guests is prohibited in any building that is a club or lodge.

Outdoor activity areas shall be setback a minimum of 50 feet from any property line. The Zoning Hearing Board or Board of Supervisors, as applicable, may establish other setbacks in the event of incompatible activities or uses between the club or lodge and adjacent uses.

When located within or adjoining a residential district or use, the hours of operation shall be established by the Zoning Hearing Board and shall not interfere with neighboring properties and uses.

Outdoor lighting shall comply with the appropriate provisions in Article XII.

A buffer, in accordance with Article XII shall be maintained adjacent to any residential use or district. All structures, parking, and facilities for outdoor activity shall be screened.

The use of firearms, paintball guns and apparatus, archery, and similar activities shall be prohibited.

§ 350-1110 Day-care center (commercial or nonprofit).

Day-care centers shall be subject to the following regulations:

Approvals and licensing. Operators are responsible for compliance with all pertinent approval and license requirements from appropriate state, county, and other agencies. Prior to issuing a permit by the Township Zoning Officer, the applicant shall have received and hold all pertinent approvals and licenses, and where applicable, the applicant shall also provide evidence that all conditions set by the Zoning Hearing Board during the special exception approval process have been met.

Child day-care center. Minimum indoor areas and outdoor play area requirements per child shall meet all applicable current Pennsylvania Department of Human Services requirements. In addition, an outdoor play area shall be provided according to the following:

(1)

The outdoor play area shall be located to the rear or side of the building.

(2)

The outdoor play area shall be enclosed by a fence suitable to restrict children to the play area and fencing shall be a minimum of five feet in height.

(3)

The outdoor play area shall not include driveways, parking areas, or any other area unsuited to active recreation.

(4)

The outdoor play area shall be on the same site as the principal structure.

(5)

Outdoor play areas shall be sufficiently screened as to protect adjacent residential areas from noise and disturbance.

(6)

Outdoor play shall be limited to daylight hours.

Adult day-care center. Minimum indoor and outdoor recreation area requirements shall meet all applicable current state requirements per adult. In addition, an outdoor recreation area shall be provided according to the following:

(1)

The outdoor recreation area shall be located to the rear or side of the building.

(2)

The outdoor recreation area shall be enclosed by a fence suitable to restrict adults to the area and fencing shall be a minimum of five feet in height.

(3)

The outdoor recreation area shall not include driveways, parking areas, or any other area unsuited to active recreation.

(4)

The outdoor recreation area shall be on the same site as the principal structure.

(5)

Outdoor recreation areas shall be sufficiently screened as to protect adjacent residential areas from noise and disturbance.

Signage shall be permitted in accordance with Article XIV.

Off-street parking and passenger unloading and loading space shall be provided to prevent interference with traffic flow on any adjacent street or road, in accordance with Article XIII.

There shall be sufficient outdoor lighting and walkways from the principal building in which the use is located to parking areas. Outdoor lighting shall be in accordance with Article XII.

§ 350-1111 Drive-through service.

Drive-through service shall comply with the following provisions:

The use shall have direct access to either a collector or arterial road, as designated in the Comprehensive Plan, and as herein defined.

For a drive-through window located adjacent to a residential use or district, screening shall be maintained along all property lines abutting the residential use or district, as specified in § 350-1206.

Drive-through service windows for restaurants must have a cartway that has a dedicated area for conducting business, a vehicle stacking lane which can accommodate a minimum of eight cars for restaurant and a minimum of five cars for banking and other uses for those waiting to conduct business, and an area for departing vehicles. The stacking lane shall not be used for parking lot circulation aisles or in any way conflict with parking or circulation. The stacking lane shall be clearly marked to distinguish it from other traffic.

Access shall be a minimum of 40 feet from street intersections. The distance shall be measured from the street right-of-way line to the edge of the access driveway.

When this use is adjacent to or on the same lot as other commercial establishments, it shall use a common access with the other establishments and not have a separate entrance to the street.

A sidewalk shall be provided between an existing sidewalk and the entrance to the restaurant. If there is no existing sidewalk, one shall be provided along the street frontage.

Trash receptacles shall be provided outside the restaurant for patron use and shall be located in a manner that drive-through customers have access to from an automobile, but trash receptacles shall not be located within 15 feet of any residential properties. A trash storage unit shall also be provided which is designed to be screened from the street and adjacent properties.

§ 350-1112 Educational use.

Educational uses shall be permitted when in accordance with the following standards:

Public or private nonprofit school. A public or private nonprofit school (one which is not conducted as a private gainful business) and is licensed under the proper governmental authority shall be subject to the following provisions:

(1)

Access shall be taken from a collector or arterial road, as designated in the Comprehensive Plan, and as herein defined.

(2)

The minimum required lot size shall be by conditional use, dependent on the type and intensity of educational use.

(3)

Outdoor play or recreation areas adjacent to a residential use or district shall be a minimum of 75 feet from side and rear property lines and shall be sufficiently screened to minimize disturbance of residential areas. Outdoor play or recreation areas adjacent to a nonresidential use or district shall be a minimum of 50 feet from side and rear property lines.

Commercial (for-profit) or trade school.

(1)

The minimum required lot size for a commercial (for-profit) school, including trade or professional schools and art, music, or dancing schools shall be one acre.

(2)

Building or structures associated with this use shall be setback a minimum of 50 feet from residential uses or districts.

(3)

Off-street parking shall be in accordance with Article XIII.

The applicant shall demonstrate that all necessary approvals and permits from state and local agencies have been obtained or waived.

§ 350-1113 Funeral home.

Funeral homes shall comply with the following provisions:

The minimum lot area per such use shall be one acre.

The hours of operation shall not interfere with neighboring properties, and shall be set by the Zoning Hearing Board.

Off-street parking and loading shall comply with Article XIII.

§ 350-1114 Gasoline station, service station, or car wash.

Gasoline station, service station, or car wash shall be permitted in accordance with the following standards:

A minimum lot width of not less than 200 feet shall be provided along each street on which access is proposed. This requirement shall not apply to facilities solely providing repair services, in which case the required lot width of the underlying district shall apply.

Access shall be set back at least 40 feet from the intersection of any street.

Fuel pumps shall be at least 20 feet from any street right-of-way.

All automotive parts, refuse, and similar articles shall be stored within a building or enclosed area.

All automotive repair or service activities, except those performed at fuel pumps, shall take place within a completely enclosed building. Vehicles waiting for repairs shall not be stored outdoors for more than 10 days. Junk vehicles may not be stored in the open at any time. There shall be no more than two parked vehicles per service bay. Any extra vehicles shall be in an enclosed or fenced area.

There shall be barrier protection for fuel pumps in accordance with PA Department of Transportation regulations and any other applicable regulations.

The applicant shall demonstrate that all discharge from the use on the property shall be contained and that there shall be no off-site release of discharge.

All gasoline station and/or service station uses shall adhere to applicable PaDEP regulations.

Of-street parking and stacking spaces shall be provided in accordance with the requirements of Article XIII. Buffering and outdoor storage shall be in accordance with Article XII.

§ 350-1115 Home occupation/home-based business (major and minor/no impact).

Minor home occupation/No impact home-based business and Major home occupation/Major home based business shall be permitted when in accordance with the following standards:

Minor home occupation. Minor home occupations shall meet all of the following requirements:

(1)

The business activity shall be compatible with the residential use of the property and surrounding uses.

(2)

The use is carried on entirely by the inhabitants of the dwelling, and shall employ no employees other than family members residing in the dwelling.

(3)

The use does not involve any customer, client, or patient visits, whether vehicular or pedestrian, to the dwelling.

(4)

Such use involves no pickup, delivery, or removal functions to or from the premises in excess of those normally associated with the residential use.

(5)

There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.

(6)

There shall be no outside appearance of a business use, including, but not limited to, parking, signs or lights.

(7)

The business activity may not use any equipment or process which creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood.

(8)

The business activity may not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use in the neighborhood.

(9)

The business activity shall only be conducted within the dwelling and the floor area devoted to such use shall not exceed 20% of the total floor area of the principal residential structure.

(10)

Such business use shall not involve any illegal activity.

Major home occupation. A home occupation that does not meet one or more of the criteria listed under Subsection A above shall be defined as a major home occupation/major home-based business. Major home occupations shall be permitted only when other applicable criteria of this section and chapter can be met.

Prohibited home occupations. Home occupations shall not include the following uses, which shall be classified as commercial or institutional uses:

(1)

Animal shelter, commercial kennel or veterinary office;

(2)

Rooming or boarding home;

(3)

Bed-and-breakfast;

(4)

Funeral home;

(5)

Restaurant;

(6)

Outdoor cafe;

(7)

Club or lodge;

(8)

Medical or dental clinic (two or more doctors or dentists);

(9)

Retail shop;

(10)

Rental business;

(11)

Furniture stripping;

(12)

Auto or small engine repair;

(13)

Painting of vehicles, trailers, or boats;

(14)

Manufacturing, repairing or other mechanical work performed in connection with the home occupation performed in any outdoor area;

(15)

Private school with organized classes;

(16)

Welding shop; or

(17)

Other uses of similar character to those listed above.

The Township Zoning Officer shall determine whether a proposed home occupation falls under the category of minor, major, or prohibited. The applicant shall be responsible for supplying such information as deemed necessary by the Township Zoning Officer to make this determination. The following requirements for approval and permitting shall apply:

(1)

Upon determining that the proposed use is a minor home occupation and is in conformance with the requirements of this chapter, the Township Zoning Officer shall issue a zoning permit.

(2)

Where the Township Zoning Officer determines that the proposed use is a major home occupation, the use shall be permitted only as a special exception and shall require review and approval by the Zoning Hearing Board in accordance with the provisions of § 350-1708, Granting of special exceptions, and the criteria of this section. The Zoning Hearing Board may attach such reasonable conditions and safeguards as it deems necessary to implement the purposes of this chapter. Following approval, the Township Zoning Officer shall issue a zoning permit. The special exception application and the approval by the Zoning Hearing Board is the basis for the issuance of the zoning permit.

(3)

A zoning permit for a home occupation permit shall not be transferable to another property or to another type of home occupation. The permit issued shall only be valid for the use and on the property for which it was originally issued. In the event that a property with an existing home occupation is sold, leased, or rented to someone other than the original permit holder, the new owner, lessee or renter, shall be required to obtain a zoning permit, demonstrating full compliance with the requirements of this chapter and any other applicable regulations.

(4)

A Township official shall be permitted to inspect the home occupations by request to ensure that the requirements of this section and other applicable Township regulations are being carried out.

General standards applicable to home occupations. The following standards shall apply to all home occupations, whether major or minor:

(1)

No more than one home occupation shall be permitted per lot.

(2)

The practice of a home occupation shall be carried on entirely within the dwelling which is the bona fide residence and under ownership of the principal practitioner or contained entirely within an accessory building and located on the same lot as the dwelling.

(3)

All applicants for a home occupation shall be required to obtain a permit from the Township in accordance with the requirements of Subsection D above within 30 days prior to beginning operation of the use.

(4)

There shall be no change in the exterior appearance of the dwelling, any accessory building and/or the lot, which would cause the premises to differ from its residential character by the use of advertising, materials, show windows, or special lighting visible from the outside of the premises to attract customers or clients, except those signs permitted by this chapter for major home occupations. No public display of any goods and/or product, information and/or advertising concerning any goods and/or product or interior display shall be visible from the outside.

(5)

The home occupation shall not cause noise, glare, vibration, fumes, dust and/or electrical interference detectable to normal senses beyond the property in excess of levels customarily generated by a residential use.

(6)

There shall be no storage or use upon the premises of toxic, explosive, polluting, dangerous, or other substances defined as hazardous by the PaDEP, or through applicable regulations.

(7)

With the exception of family day care home, no home occupation activity shall be conducted between the hours of 8:00 p.m. prevailing time, and 7:00 a.m. prevailing time which involves individuals entering or leaving the premises or mechanical operations.

(8)

Deliveries from major commercial suppliers which may be disruptive to the neighborhood shall not be made between the hours of 8:00 p.m. prevailing time and 8:00 a.m. prevailing time.

(9)

There shall be no unenclosed exterior storage of material or refuse resulting from the home occupation. All home occupations shall meet applicable outdoor storage standards of § 350-1204.

(10)

All commercial vehicles shall be parked on the same lot as the home occupation, and only one commercial vehicle may be parked outside of a garage, enclosed structure, or screened parking space within the lot boundaries. Such a commercial vehicle shall have no more than two axles. There shall be no storage of tractor-trailers on the lot on which the home occupation is located.

Standards applicable to minor home occupations. In addition to other applicable criteria of this chapter, the following standards shall apply to minor home occupations:

(1)

No employees shall be permitted, except the inhabitants of the dwelling in which the home occupation is located.

(2)

A minor home occupation shall be permitted in any dwelling type.

Standards applicable to major home occupations. In addition to other applicable criteria of this chapter, the following standards shall apply to major home occupations:

(1)

Major home occupations shall be permitted only in single-family detached dwellings or an accessory structure to a single-family detached dwelling.

(2)

The area used for a major home occupation shall not exceed 30% or 600 square feet of the total floor area of the principal residential structure or accessory structure, except for family day care home which shall meet applicable state requirements.

(3)

No more than one person, other than resident members of the immediate family may be employed or subcontracted at the residence. Use of nonresident employees must have prior approval from the Zoning Hearing Board.

(4)

No more than two clients at any one given time shall be permitted to visit the premises to conduct business related to the major home occupation.

(5)

One exterior sign no greater than a total of four square feet in size shall be permitted per major home occupation. It shall not be illuminated or animated.

(6)

No articles shall be sold or offered for sale except those produced on the premises. Such sales must have prior approval by the Zoning Hearing Board.

(7)

Where employees or customer visits are anticipated, off-street parking shall be provided in sufficient capacity to prevent interference with normal residential parking in the neighborhood. Minimum off-street parking requirements shall apply as designated in Article XIII.

(8)

Beauty parlors and barber shops may be permitted as a major home occupation provided that no more than two stylist or barber chairs are provided and all other provisions of this chapter are met.

(9)

Instructional services may be permitted as a major home occupation provided that a maximum of three students may be instructed at any one time, and there shall be no more than two trips per hour.

(10)

Family day care home. Family day care home is a major home occupation in which a private residence is used for the care and supervision of between four and six children or adults, not related to the caregiver. A family day care home shall be registered with the Pennsylvania Department of Human Services. When in compliance with the provisions outlined below and all other applicable requirements, family day care home shall be permitted as a major home occupation:

(a)

Prior to final Township approval of this use and the issuing of a permit by the Township Zoning Officer, the applicant shall demonstrate receipt and holding of all pertinent approvals and registration certificates from appropriate state or county agencies, and shall provide evidence that all criteria set by the Zoning Hearing Board have been met. These shall be conditions of Township permit approval.

(b)

Family day care home uses shall only be permitted in a single-family detached dwelling.

(c)

There shall be no alterations to exterior facades of residential structures to accommodate family day care home facilities in a residential district, except for safety purposes which shall be confined to rear or side walls not visible from any public right-of-way.

(d)

For family day care home for children, a minimum outdoor play area meeting the most current Pennsylvania Department of Welfare regulations shall be provided for each child. The outdoor play area shall be located to the side or rear of the property. Setbacks for this play area shall meet the side and rear setback requirements for the applicable district.

(e)

For family day care home for adults, a minimum outdoor recreation area meeting all current applicable state requirements shall be provided. The outdoor recreation area shall be located to the side or rear of the property. Setbacks for this area shall meet the side and rear setback requirements for the applicable district.

(f)

The outdoor play area for children shall be enclosed by a suitable fence with a minimum height of four feet or other barrier suitable to prevent children from crossing. This requirement shall also apply to adult family day care home where outdoor recreation or sitting areas are provided for the use of clients.

(g)

In addition to the off-street parking required for a single-family detached dwelling, at least one additional space is required for each nonresident employee. There shall be sufficient area on the lot or available parking on the street abutting the lot to accommodate the pick-up and drop-off of children without interference with local traffic.

§ 350-1116 Hotel or motel and/or conference facility.

A hotel or motel shall be subject to the following regulations:

The minimum lot area for a hotel or motel is one acre, however the minimum lot size of a hotel/motel and conference facility is five acres.

The principal access to a hotel or motel shall be directly from an arterial or collector road, as designated in the Comprehensive Plan, and as herein defined.

Access shall be in accordance with § 350-1207.

The following uses are permitted within an application when designed as an integral part of a hotel or motel:

(1)

Lodging facilities;

(2)

Dining facilities;

(3)

Conference and meeting facilities;

(4)

Recreation facilities;

(5)

Gift shop; and

(6)

Accessory maintenance facilities.

§ 350-1117 Individual professional, business, administrative, or medical office.

Office uses shall be permitted when in accordance with the following standards:

The use shall have direct access to a collector or arterial road, as designated in the Comprehensive Plan, and as herein defined.

Access shall be in accordance with § 350-1207.

The access shall be set back at least 40 feet from street intersections. The distance shall be measured from the street right-of-way to the edge of the access driveway.

Off-street parking shall be provided in accordance with the requirements of Article XIII. Buffering shall be in accordance with Article XII.

Medical offices shall adhere to any applicable federal and state regulations.

§ 350-1118 Industrial or office park.

The following restrictions shall apply in all districts in which industrial or office parks are permitted:

The tract of land to be developed shall be in one ownership, or in the case of a multiple ownership, it shall be developed according to a single overall master plan with common authority and responsibility.

The tract and uses therein shall have access only to an arterial or collector road, as designated in the Comprehensive Plan, and as herein defined, via a common ingress and egress.

Use regulations. An industrial park may be used for any one or more of the following purposes:

(1)

Uses permitted in the district in which the park is located.

(2)

Accessory uses, buildings, and structures, subject to the provisions of this article.

Area and bulk regulations.

(1)

Minimum tract size: 10 contiguous acres.

(2)

Tract perimeter setbacks and screening. Landscaping, screening, and buffering in accordance with Article XII shall be required in addition to the following minimum setbacks along the perimeter of the industrial or office park:

(a)

50 feet from external public roads.

(b)

50 feet from any agricultural use, industrial use, commercial use or district.

(c)

100 feet from any residential use or district.

(3)

Lot area. The average area of individual lots within an industrial or office park development shall be a minimum of two acres, but no individual lot shall be less than one acre.

(4)

Lot width.

(a)

Tract width. Minimum tract frontage along the arterial or collector road from which the park takes access shall be 150 feet.

(b)

Individual lot widths. The width at the building line and at the street line shall be in accordance with the provisions set forth in § 350-902A.

(5)

Building coverage. The area of individual lots covered by buildings shall not exceed the following:

(a)

45% for lots one to less than three acres.

(b)

40% for lots of three acres or more.

(6)

Lot coverage. The area of individual lots covered by impervious surface shall not exceed the following:

(a)

55% for lots one to less than three acres.

(b)

50% for lots of three acres or more.

(7)

Setbacks. The minimum setbacks for individual lots shall be in accordance with the provisions of § 350-902A.

(8)

Building height. Building height shall be in accordance such requirements of the district in which such use is located.

At least 70% of the total floor area of the office or industrial park shall be devoted to office or industrial uses.

§ 350-1119 Junkyard or salvage yard.

Junkyards or salvage yards shall be subject to the following regulations in addition to Chapter 205, Junkyards and Junk Dealers, of the Code of the Township of West Caln, as amended. To the extent that there are any inconsistencies between the provisions of this chapter and Chapter 205, Junkyards and Junk Dealers, the chapter imposing the higher standards shall prevail.

The tract serving as a junkyard or salvage yard shall contain a maximum of 40,000 square feet undivided by streets, streams, or rights-of-way. No part of the operation shall be located within the any designated floodplain are or within 100 feet of any river, stream, run, creek, irrigation ditch or other natural watercourse.

Where a junkyard or salvage yard is located on a property which is adjacent to a residential district or use, the junkyard or salvage yard shall be set back at least 100 feet from the residential district or use.

The tract serving as a junkyard or salvage yard shall be located on land with less than 15% slope, which shall comply with the requirements of Chapter 300, Subdivision and Land Development, of the Code of the Township of West Caln.

The maximum lot coverage including storage, buildings, and structures shall not exceed 60%.

The area where junk and any other material is stored shall be enclosed with a wall or fence at least six feet in height and which is designed and constructed so as to be at least 90% solid or opaque. Entrances and exits shall not be wider or more numerous than reasonably necessary for the conduct of the licensed business. An effective year-round screen shall be provided pursuant to the screening and landscaping provisions in § 350-1206.

Storage piles shall not exceed six feet in height within 50 feet of the screening or fence line. Junk or other material shall be permitted to be piled not exceeding eight feet in the remaining area of the junkyard. No more than two adjoining rows of junked cars shall be stored together.

There shall be provided at least a 15-foot wide accessway which shall be clear and free at all times to provide for access to all parts of the premises for fire-fighting and other safety or emergency purposes. Additionally, no junk or other material shall be stored within 25 feet of the point located at the center line of access from the premises to a street.

Waste generated by the junkyard or salvage yard shall be managed in accordance with all applicable Township ordinances, federal, state, and county regulations including the Solid Waste Management Act, the Clean Streams Law, and the Air Pollution Control Act¹ of the Commonwealth of Pennsylvania.

(1)

Automotive fluids (including gasoline, oil, antifreeze, transmission fluids, and similar fluids), Freon, and other flammable or toxic substances shall be removed from any junk or other items stored on the premises and shall be properly containerized and stored. Such materials shall not be released into the air or into the ground or watercourses and shall be transported and disposed of or recycled in accordance with applicable state and federal regulations.

(2)

Automotive batteries shall be removed from junked vehicles and properly stored until they are disposed of or recycled.

(3)

Removal of such fluids, batteries, and other hazardous materials shall take place on an impervious surface where they can be properly contained without danger of spilling or being transported into the ground.

No junk or other material shall be burned on the premises. Each junkyard or salvage yard shall have available in proper working condition equipment that will control, contain, and suppress fires or other hazards.

Tire storage piles shall not exceed 200 tires. In addition, when whole or processed tires are stored outdoors, each waste tire pile shall meet the following requirements:

(1)

Piles shall not cover a surface area of greater than 1,000 square feet.

(2)

Corridors of at least 15 feet in width shall be maintained as firebreaks on all sides of tire piles. No point in the pile shall be more than 25 feet from a firebreak. Firebreaks shall be kept free from obstructions that could limit access in the event of an emergency and vegetation shall be maintained below 10 inches.

No garbage or other organic waste, liable to give off a foul odor or to attract vermin or insects, shall be kept on the premises.

Prior to the issuance of a license by the Township, the applicant shall provide sufficient information for the Township Zoning Officer to determine that all applicable federal, county, and Township requirements and regulations can be met by the proposed operation. Prior to the issuance of the license, the applicant shall also provide evidence that all applicable conditions set by the Board of Supervisors during the conditional use approval process and application procedures have been met.

A stormwater management plan and erosion and sedimentation control plan shall be submitted as part of the land development application for a junkyard or salvage yard pursuant to the provisions of Chapter 300, Subdivision and Land Development, and Chapter 294, Stormwater Management.

The permittee shall allow inspection of the business premises by the Township or its approved representative at any reasonable time.

Due to their hazard potential, junkyards and salvage yards shall require a yearly license from the Township in accordance with Township regulations.

§ 350-1120 Kennel/animal shelter/veterinary clinic.

Kennel, animal shelter, and veterinary clinic uses shall be in accordance with the following standards:

Each use shall have a minimum lot size of one acre, and there shall be no more than 10 dogs or other domestic animals per one acre, excluding dogs under six months old.

Each use shall have all exercise areas or pens entirely fenced to prevent animals from leaving the property and set back a minimum of 100 feet from all lot lines, a minimum of 125 feet from any wells, springs, sinkholes, on slopes of any degree adjacent to any ponds or streams or within any swale or drainageway. All accessory buildings and structures shall be set back a minimum of 25 feet from rear and side property lines.

All buildings and structures associated with a kennel shall be sound insulated.

The sale of related products shall remain accessory to the use, and shall occupy no more than 25% of the total floor area of the principal building.

There shall be no outdoor storage of materials unless screened from adjoining properties in accordance with Article XII.

All such uses shall meet all applicable Pennsylvania state licensing and codes.

All animals shall be inside an enclosed building between the hours of 8:00 p.m. prevailing time and 7:00 a.m. prevailing time.

All kennel, animal shelter, and veterinary clinic uses shall provide private removal of waste from the site which the use is located on a weekly basis.

§ 350-1121 Landfill (sanitary) and hazardous waste.

A municipal landfill shall be permitted when in accordance with the following standards:

Municipal landfills shall only be permitted when municipally owned, and the service area shall serve the residents of the Township on an equal basis with its other customers.

The tract serving as a landfill shall contain a minimum of 50 contiguous acres, undivided by streets, streams or rights-of-way. All operations, including buildings, structures and grading, shall be set back a minimum of 100 feet from any property line, Identified Floodplain Area boundary, stream, or other body of water.

All landfills shall be designed and operated in accordance with the statutes of the Commonwealth of Pennsylvania, the rules and regulations of the PaDEP and the provisions of this chapter. The applicant shall have the burden of proof that the landfill use complies with the standards and regulations as set forth by the aforementioned. Prior to the use of the site for a landfill and prior to issuance of a use and occupancy permit by the Township, a permit shall be obtained from the PaDEP for said use. The permit shall be clearly displayed and made available for inspection at all times. In the event that any of the provisions of this chapter are less restrictive than any present or future rules or regulations of the PaDEP, the more restrictive regulations shall supersede and control.

The operation of a landfill shall at all times be under the direction of a responsible party qualified by experience or training to operate a landfill. Unloading of waste shall be continuously supervised. A proper screening device shall be provided to detect any and all non-disposable items.

Access to the site shall be limited to posted times when an attendant is on duty. In order to control access at other than designated access areas, a landfill shall be protected by locked barricades, fences, gates or other means designed to deny access to the area at unauthorized times or locations. All landfills shall be completely enclosed by a fence or wall, kept in good repair and maintained in a uniform color, of a minimum of eight feet in height to deter trespassing, and to prevent debris from blowing onto adjoining properties. There shall be no openings greater than three inches by three inches in the fence or wall. The fence or wall shall be setback a minimum of 50 feet from any street or property line. An intensive buffer shall be provided between the fence and the street or property line in accordance with the requirements of Article XII. A staging area within the lot shall be provided so as to prevent back-up of trucks onto the street.

Salvaging shall be conducted by the operator only and shall be organized so that it will not interfere with prompt sanitary disposal of waste or create unsightliness or health hazards.

Access to a landfill facility shall be from the highest functional classification of road available as designated on the Functional Classification of Roads map (Appendix A)[1] and as herein defined, for the district in which a landfill is permitted, to limit traffic congestion and excessive wear on local roads.

[1]

Editor's Note: Said Appendix is included as an attachment to this chapter.

All trucks entering and leaving the landfill shall be covered, and roads for access shall be patrolled daily to pick up and dispose of scattered and blowing litter. Tire scrubbers shall be provided at all points of truck egress.

The landfill shall be properly maintained to ensure no nuisance or danger exists to adjoining property owners, surface water and groundwater supplies. The tract shall be stabilized and a ground cover established to avoid erosion and sedimentation problems. The landfill shall contain a treatment system to protect the surface and groundwater.

The hours of operation shall be limited to 6:00 a.m. prevailing time to 6:00 p.m. prevailing time, Monday through Saturday.

For purposes of this § 350-1121, hazardous materials, include but are not limited to, substances or materials that the Secretary of Transportation has determined are capable of posing an unreasonable risk to health, safety, and property when transported in commerce, and has designated as hazardous under Section 5103 of Federal hazardous materials transportation law (49 U.S.C. § 5103). The term includes hazardous substances, hazardous wastes, marine pollutants, elevated temperature materials, materials designated as hazardous in the Hazardous Materials Table (see 49 CFR 172.101), and materials that meet the defining criteria for hazard classes and divisions in Part 173 of Subchapter C of Title 49 CFR Parts 100-185. The disposal of sewage other than biosolids and hazardous materials other than those permitted pursuant to applicable governmental regulations shall be specifically prohibited in a landfill.

A performance bond shall be posted by the applicant with a sufficient amount to cover the cost, as estimated by the Township Engineer, when performing the various responsibilities imposed upon the applicant as required by this chapter. The amount and form of the bond shall be approved by the Board of Supervisors.

The following shall be submitted with a conditional use application:

(1)

A statement from PaDEP as to the general feasibility of the site for use as a landfill.

(2)

The identity of the owner of the site, relationship of applicant to the owner, a notarized statement by the owner that a landfill is permitted on the site, and a statement of the prior expertise of the applicant in the operation of a landfill.

(3)

An estimate of the useful life expectancy of the site for use as a landfill and condition of the site upon completion of the landfill operation.

(4)

The estimated number of vehicles weighing over 26,000 pounds that are expected to use the site on a daily basis.

(5)

The route of entry through the Township to the landfill use. Depending on the route of entry to the landfill use and the adequacy and carrying capacity of the roadways along such route of entry, the Township may require that a traffic study be performed to determine the number of trucks transversing that area of the Township and issues related to safety through populated areas. The Township also may require the posting of a bond for road maintenance for heavily traveled routes associated with the landfill use.

Applicable provisions for transfer stations, § 350-1137, and for recycling centers, § 350-1130, shall apply for landfill uses.

§ 350-1122 Mixed use.

Where a combination of residential uses and commercial uses, such as a retail use with an upper story dwelling or office, is proposed upon a single lot or within a single building, each of those uses shall be required to meet the following criteria:

Only those uses in the district in which this use is located shall be permitted.

Where an upper story dwelling unit is proposed, the requirements of § 350-1132C through F, residential conversion shall be met for the residential use.

Off-street parking requirements shall be calculated for each use in accordance with Article XIII, but may be designed as a common parking lot.

§ 350-1123 Mobile home park.

Mobile home parks shall comply with the provisions of Article VI, Regulations for Mobile Home Parks, of Chapter 300, Subdivision and Land Development.

§ 350-1124 Multifamily development.

Multifamily developments shall be in accordance with the following standards:

The area and bulk regulations under the applicable zoning district shall be met.

The maximum length of a multifamily building shall be 120 feet.

Multifamily buildings are encouraged to be located in clusters which create common courtyards and open space areas rather than situated parallel to one another. Where clustering is not feasible due to site conditions, there shall be no more than three abutting buildings parallel to each other within the development.

Buildings within the development shall be designed to provide individual dwelling units with views and direct access to required open space area.

The following building separation distances shall be met in order to provide individual units with some level of privacy:

(1)

Facing front or rear walls: 50 feet.

(2)

Facing end walls (short wall): 25 feet.

Entrances to dwelling units shall be provided with walkways to parking and refuse collection areas.

The design, ownership and maintenance responsibilities for required open space shall be in accordance with the provisions of § 350-1126.

Off-street parking for the proposed development shall be in accordance with the provisions of Article XIII.

Screening and landscaping of the proposed development shall be in accordance with Article XII.

Dwelling units shall be set back a minimum of 20 feet from common parking lots, refuse collection centers, and the edge of the shoulder of any access drive to or through the development.

The number of townhouse units attached in a common row shall not exceed six dwelling units.

Staggered setbacks of individual dwelling units accompanied by a variation in facade design shall be required so the buildings offer visual variety and provide private yard areas. In the case of multifamily townhouse development, no more than two contiguous units shall have the same facade setback within a building. Changes in unit setback shall involve a minimum of four feet.

Outdoor lighting shall be in accordance with Article XII.

Exterior storage areas for refuse shall be screened from public view and shall be contained in covered, vermin-proof containers. Interior storage areas for refuse shall at all times be kept in an orderly and sanitary fashion.

Non-residential uses and major home occupations shall not be permitted in a multi-family dwelling. Such ancillary facilities as laundry areas, service buildings, recreational facilities and the like for the exclusive use of the residents of the project shall be permitted.

Conceptual architectural renderings, models or photos for multi-family dwelling projects shall be provided at the time of submission of application for Preliminary Plan approval to illustrate the general character of the intended exterior design of structures, including scale, height, roof pitch, relationship between varying facade elements, and principal exterior materials. Exterior design features may be modified during the Final Plan review process with any modifications subject to approval by the Board of Supervisors. The exterior appearance of the building(s) shall be designed, constructed and maintained to retain the character of the surrounding neighborhood. Fire escapes, when required, shall be in the rear of the building and shall not be located on any wall facing a street unless any building, fire or other code so requires.

§ 350-1125 Nursing home/skilled nursing facility/long-term care facility, assisted living residence, personal care home, continuing care retirement community (CCRC).

A nursing home/skilled nursing facility/long-term care facility, assisted living residence, personal care home, or continuing care retirement community (CCRC) as defined in this chapter, is a form of residential use designed and operated for mature adults, which meets the definition of "housing for older persons" as set forth in the Fair Housing Amendments Act of 1988, as amended, and where permitted shall be in accordance with the following standards:

A building or buildings may be erected, altered or used and a lot or premises may be used or occupied for any of the following uses:

(1)

Nursing home/skilled care facility/long-term care facility.

(2)

Assisted care residence.

(3)

Personal care home.

(4)

Continuing care retirement community, which shall include independent living units and at least two of the above uses in A(1) through (3)

(5)

Accessory uses, which shall incidental to the principal use(s) and may include offices, activity areas, craft, woodworking and hobby shops, recreation facilities, pools, gift shops, adult day care, child day care, ancillary personal services facilities, dining facilities, ancillary health care facilities, maintenance facilities, bank, library, central kitchen and dining room, snack bar, village store, pharmacy, chapel, and similar uses. The total square footage of all accessory uses shall not exceed 20% of the square footage of all buildings. This percentage shall not be exceeded in any one phase of the development. No individual retail accessory use may exceed 2,000 square feet in size.

(6)

Prohibited uses. No building shall be erected, altered or used and no premises shall be used for any activity which is continuously noxious, injurious, or offensive by reason of dust, smoke, odor, fumes, noise, vibration, gas, illumination, or similar substances or conditions.

The proposed use shall obtain all applicable state and federal permits, licenses, and certificate of need, as applicable to the proposed use.

The tract of land on which the use is conducted shall, in its entirety, be owned and operated as a single or common management and maintenance unit.

Additional standards:

(1)

The following minimum tract size shall be met:

(a)

Continuing Care Retirement Community: 30 acres.

(b)

Nursing home, assisted-care facility, or personal care home, which is not part of a CCRC: one acre.

(2)

Water and sewage facilities. Any nursing home, assisted-care facility, personal care home, or CCRC shall be serviced by a community or public water supply system and a community or public sewage disposal system.

(3)

Density. The maximum density shall not exceed five dwelling units per acre of net tract area. Equivalent density shall be calculated as follows:

(a)

Each independent living unit = one dwelling unit.

(b)

Assisted-care facility: each bed = 1/2 dwelling unit.

(c)

Personal-care home: each bed = 1/2 dwelling unit.

(d)

Nursing home/skilled care facility/long-term care facility: each bed = 1/2 dwelling unit.

(4)

The maximum lot coverage shall be 45%.

(5)

Maximum building height. The maximum height of all buildings shall be as provided for in the zoning district in which the building is located.

(6)

Building length. The maximum horizontal length of a building shall be 160 feet. At its discretion, the Board may authorize an increase in length to 200 feet where the design includes architecturally attractive offsets.

(7)

Setbacks. The following minimum setbacks shall be observed:

(a)

All buildings, structures and accessory uses shall be setback 50 feet from any perimeter property line, and 150 feet from the right-of-way of any existing public road.

(b)

Where the perimeter property line abuts an agricultural use, CAO, CAFO, or mushroom production facility, the minimum setback shall be increased to 100 feet.

(8)

Building separation. The following separation distances shall be observed:

(a)

Three times the height of the taller of two structures where any part of either structure faces or backs upon another structure, but in no case less than 75 feet.

(b)

The height of the taller structure, when two structures abut end to end, but in no case less than 25 feet.

(9)

Common open space. An area of not less than 40% of the gross tract area shall be retained and designated as common open space. The common open space shall be in accordance with § 350-1126.

(10)

Recreation spaces. One or more recreation spaces (each with a minimum area of 1,200 square feet) shall be provided within areas of common open space. The total area of such recreation spaces shall be not less than 100 square feet per unit. All recreation spaces shall be located in areas suitable for the type of outdoor active or passive recreation being proposed. All recreation spaces shall be at least 20 feet from any building. The types of recreation spaces shall relate to the expected ages of the residents.

(11)

Common areas and facilities. Where facilities serving the entire nursing home, assisted-care facility, personal care home, or CCRC, such as parking lots, pedestrian ways, driveways, alleys, lighting facilities, drainage facilities, landscape planting areas, and recreation areas, are provided in common areas, provisions for their perpetual ownership, maintenance, and care shall be established by, and shall be the complete responsibility of the property owner.

(12)

Where independent living apartment units are provided, each group of apartment units shall be associated with at least one indoor and one outdoor common area designated for the exclusive benefit of the group.

(13)

Access to buildings and structures.

(a)

Every building erected shall be on a lot adjacent to a public street or have access to an approved internal driveway network.

(b)

All structures shall be located so as to provide safe and convenient access for servicing fire protection and off-street parking.

(c)

Sidewalks shall be provided in locations as deemed appropriate by the Board, to assure adequate pedestrian access to buildings, parking areas, accessory uses, community services and facilities, and recreation and open space areas. Sidewalk construction shall conform to the standards in Chapter 300, Subdivision and Land Development.

(d)

Wheelchair access shall be provided to all dwellings and all accessory uses.

(14)

As part of a conditional use application, the standards of this subsection E may be modified at the discretion of the Board of Supervisors.

§ 350-1126 Open space configuration, use, ownership, maintenance and protection.

The following regulations shall apply to areas of required open space.

Configuration of open space. Configuration of required open space shall be as follows:

(1)

All primary natural resources shall be included in the common open space.

(2)

The following secondary natural resources, listed in order of priority, shall be included in the common open space to the fullest extent practicable:

(a)

Critical habitat areas.

(b)

Woodlands, particularly those performing important ecological functions such as soil stabilization and protection of streams, wetlands and wildlife habitats.

(c)

Steep slopes 15-25%, particularly those adjoining streams and waterbodies.

(d)

Hedgerows, groups of trees, specimen trees and other unique or significant vegetation features.

(e)

Areas where precipitation is most likely to recharge local groundwater resources because of topographic and soil conditions affording high rates of infiltration and percolation.

(f)

Class I, II and III agricultural soils as defined by the USDA Natural Resources Conservation Service.

(g)

Historic resources.

(h)

Visually prominent topographic features such as knolls, hilltops and ridges, and views of such features as seen from public roads and from public parks (particularly those with historic features).

(i)

Existing or proposed trails connecting the tract to other locations in or beyond the Township.

(3)

Except as specified in Subsection A(6), below, where common open space is designated as separate, noncontiguous parcels, no single parcel shall consist of less than one acre in area. No single area or portion of an area designated as common open space shall be counted toward the minimum required open space wherever such area or portion is less than 150 feet in width except in the case of a trail corridor or other linkage between two larger, noncontiguous, open space areas. Any such trail corridor or linkage shall be a minimum of 15 feet in width.

(4)

Where adjacent parcels contain existing or proposed open space areas, either publicly owned or otherwise deed restricted as permanent open space, common open space at least 150 feet deep within which no new structures shall be constructed, shall be located contiguously to this adjacent open space whenever possible to create larger open space networks. The burden shall be on the applicant to either locate the common open space contiguous to this adjacent open space or to demonstrate, to the Township's satisfaction, that there is no feasible way to so locate said common open space or that doing so would create an undue hardship.

(5)

The common open space shall be located and designed to add to the visual amenities of the development and to the surrounding area, by maximizing the visibility of common open space as terminal vistas at the ends of streets or along the outside edges of street curves, and as perimeter greenbelts. Greenbelts shall be designed to provide buffers and to protect views of visually prominent topographic features such as knolls, hilltops and ridges, and views of such features as seen from public roads and from public parks (particularly those with historic features).

(6)

A minimum of 15% of the required common open space shall be in the form of common greens surrounded by streets on at least two sides and around which dwellings are organized. Common greens shall be dispersed throughout the development and shall be planted with shade trees along their edges, at intervals not greater than 40 feet.

Use of open space. The following are uses permitted in the open space:

(1)

Conservation of open land in its natural state (i.e., woodland, fallow field, or managed meadow).

(2)

Agricultural and horticultural uses, including raising crops or livestock, associated buildings, excluding residences that are specifically needed to support an active, viable agricultural or horticultural operation. Specifically excluded are commercial livestock operations involving highly offensive odors. To encourage the retention of agricultural lands, the Township or homeowners' association, as the case may be, may permit all or portions of the open space lands to be leased back to a farmer. Approval of the leaseback option shall be conditioned on appropriate agreements between the titleholder and the farmer, concerning permitted agricultural practices and use of the land in the event the agricultural activities cease.

(3)

Pastureland or areas for horses.

(4)

Forestry.

(5)

Passive noncommercial recreational uses such as village greens, commons, picnic areas, community gardens, trails, and similar low-impact uses specifically excluding wheeled vehicle activities (other than wheelchairs), rifle ranges and golf courses.

(6)

Active noncommercial recreation uses such as playing fields, playgrounds, courts, provided such areas do not consume more than half of the minimum required open space land or five acres, whichever is less. Playing fields, playgrounds, and courts shall not be located within 50 feet of abutting properties.

(7)

Water supply and sewage disposal systems, spray or drip irrigation fields, and stormwater detention areas designed, landscaped to replicate naturalistic conditions, and all the foregoing shall be available for use as an integral part of the open space. Community sewage treatment systems shall not be permitted in the common open space.

(8)

Easements for drainage, access, sewer or water lines, or other public purposes, provided such areas do not occupy greater than 25% of the common open space.

(9)

Underground utility rights-of-way, aboveground utility and street rights-of-way may traverse conservation areas but shall not count toward the minimum required common open space, provided such areas do not occupy greater than 25% of the common open space.

(10)

Dwelling and accessory structures associated with a farmstead that occupied the site on the effective date of this chapter.

(11)

Historic resources, in accordance with the provisions of Article XX.

Open space ownership and management standards. Designated open space shall be held under any one or more of the following forms or ownership, listed in order of preference, upon receiving approval of the Township:

(1)

Retained ownership of restricted open space, which shall be applicable to uses other than cluster residential development.

(a)

Restricted open space may be retained in ownership by the applicant or may be transferred to other private parties subject to compliance with all standards and criteria for restricted open space herein.

(b)

All or portions of the designated restricted open space may be included within or divided among one or more of the individual lots. Where deemed appropriate, the Board of Supervisors may require that responsibility for maintenance of restricted open space be conferred upon and/or divided among the owners of one or more individual lots.

(2)

Leaseback option. The Township, homeowners' association, or the condominium agreement, as the case may be, may permit all or portions of the open space lands to be leased back to a farmer. Approval of the leaseback option shall be conditioned on the following:

(a)

Appropriate lease agreements between the title holder and the farmer concerning permitted farming practices; and

(b)

Use of the land shall comply with all standards and criteria for restricted open space as provided herein in the event farming practices cease.

(c)

The land is permanently restricted from future subdivision and development through a conservation easement, except for those uses listed in § 350-1126B.

(3)

Homeowners' association. Common facilities may be held in common ownership by a homeowners' association, subject to all of the provisions for homeowners associations set forth in applicable Pennsylvania statues and regulations. In addition, the following standards shall be met:

(a)

The applicant shall provide the Board of Supervisors with a description of the organization of the proposed association, including its bylaws, and all documents governing ownership, maintenance, and use restrictions for common facilities;

(b)

The proposed association shall be established by the owner or applicant and shall be operating with financial subsidization by the owner or applicant, if necessary before the sale of any dwelling units in the development;

(c)

Membership in the association shall be automatic and mandatory for all purchasers of dwelling units therein and their successors in title, who shall have joint and undivided interests in any common areas;

(d)

The association shall be responsible for maintenance of common facilities and providing a policy of appropriate liability insurance in connection therewith;

(e)

The bylaws shall confer legal authority on the association to place a lien on the real property of any member who falls delinquent in his dues and/or assessments. Such dues and/or assessments shall be paid with all accrued interest before the lien may be lifted;

(f)

Written notice of any proposed transfer of common facilities by the association or the assumption of maintenance of common facilities by another party must be given to all members of the association and to the Board of Supervisors not less than 30 days prior to such event;

(g)

The association shall have adequate staff to administer, maintain, and operate such common facilities;

(h)

The terms, conditions and content of the homeowners' association document agreement shall be reviewed and approved by the Township Solicitor;

(i)

Members of the association shall share equitably the cost of maintaining open space owned by the association. Shares and procedure shall be outlined in the association bylaws; and

(j)

A Township Administration representative shall be an ex officio, nonvoting member of the Homeowners' association Board. Additionally, the Homeowners Associations bylaws shall provide that the Township shall receive copies of all minutes and all financial statements and reports of the Association which shall be delivered to the Township.

(4)

Condominium association. Common facilities may be controlled through the use of condominium agreements. Such agreements shall be in accordance with the Pennsylvania Uniform Condominium Act of 1980, as amended. All open land and common facilities shall be held as "common elements."

(5)

Dedication to private conservation organization or to the county. With permission of the Board of Supervisors, an owner may transfer either fee simple title of the open space or easements on the open space to a private nonprofit conservation organization or to the County provided that:

(a)

The conservation organization is acceptable to the Board of Supervisors and is a bona fide conservation organization intended to exist indefinitely;

(b)

The conveyance contains appropriate provisions for proper reverter or retransfers in the event that the organization becomes unwilling or unable to continue carrying out its functions;

(c)

The open space land is permanently restricted from future development through a conservation easement and the Board of Supervisors is given the ability to enforce these restrictions;

(d)

A maintenance agreement acceptable to the Board of Supervisors is established between the owner and the organization; and

(e)

A satisfactory maintenance agreement, including but not limited to, adequate provision to be made for enforcement of the maintenance agreement by the Board of Supervisors, shall be reached between the owner and the Board of Supervisors.

(6)

Dedication of easements to the Township. The Board of Supervisors may, but shall not be required to, accept easements for public use of any portion of the common land or facilities. In such cases, the facility remains in the ownership of the condominium association, homeowners' association, or private conservation organization while the easements are held by the Board of Supervisors. In addition, the following regulations shall apply:

(a)

There shall be no cost of acquisition to the Board of Supervisors; and

(b)

Any such easements for public use shall be accessible to the residents of the Township.

(7)

Fee simple dedication to the Township. The Board of Supervisors may, but shall not be required to, accept any portion of the common facilities, provided that:

(a)

There is no cost of acquisition to the Township;

(b)

The Board of Supervisors agrees to and has access to maintain such facilities; and

(c)

Where improvements exist on the property, the Board of Supervisors may require the posting of financial security to ensure structural integrity of said improvements as well as the functioning of said improvements for a term not to exceed 18 months form the date of acceptance of dedication. The amount of financial security shall not exceed 15% of the actual cost of installation of said improvements.

Maintenance. Unless otherwise agreed to by the Board of Supervisors, the cost and responsibility of maintaining common facilities and open space land shall be borne by the property owner, condominium association, homeowners' association, or conservation organization.

(1)

Maintenance plan. The applicant shall, at the time of preliminary plan submission, provide a plan for perpetual maintenance of open space lands and operation of common facilities in accordance with the following requirements:

(a)

The plan shall describe the manner in which the restricted open space and any facilities included therein will be owned and by whom it will be managed and maintained;

(b)

The plan shall establish necessary regular and periodic operation and maintenance responsibilities for the various kinds of open space (i.e. lawns, playing fields, meadow, pasture, cropland, woodlands) and land management practices used to conserve and perpetually protect this open space;

(c)

The plan shall estimate staffing needs, insurance requirements, and associated costs, and define the means for funding the maintenance of the open space land and operation of any common facilities on an ongoing basis. Such funding plan shall include the means for funding long-term capital improvements as well as regular yearly operating and maintenance costs;

(d)

At the Board of Supervisors' discretion, the applicant may be required to escrow sufficient funds for the maintenance and operation costs of common public facilities for up to one year; and

(e)

Any changes to the maintenance plan shall be approved by the Board of Supervisors.

(2)

Delinquency of maintenance. Regardless of the ownership option used for the designated open space, the following requirements shall apply:

(a)

Township notice. In the event an organization undertakes the responsibility of maintaining the designated open space and improvements and fails to maintain the same in reasonable order and conditions in accordance with the development plan, the Township may serve written notice (pursuant to Section 616.1 of Act 247, as amended) upon the person, organization, or party responsible or residents in the development setting forth the manner in which the organization has failed to properly maintain the common areas, and directing the responsible person, organization, or party to remedy the situation within a specified period of time.

(b)

Township action. The Township may, but shall not be obligated, upon 30-day advance written notice to the responsible person, organization, or party to enter upon the open space and perform the necessary maintenance and take any other action to remedy the condition set forth in the Township's notice.

(c)

Township reimbursement. Any and all costs incurred by the Township in connection with such notice and maintenance shall be paid by the responsible person, organization, or party within 10 days after written demand by the Township. Upon failure of the responsible person, organization or party to pay such costs by the time required, there shall be added thereto interest at the rate of 15% per annum as well as all costs incurred by the Township in collection thereof.

(d)

Such efforts shall not constitute a taking of the property nor vest the public any right to use the same. The cost of maintenance by the Township shall be assessed ratably against the person, organization, or party responsible for maintenance. Such assessments shall be perfected by filing in the Office of the Prothonotary of Chester County, Pennsylvania.

Open space permanent protection. A conservation easement restricting the common open space in perpetuity against further subdivision or development shall be executed between the landowner and the Township or a qualified land conservancy acceptable to the Township. Deed restrictions may also be used in certain applications, in accordance with Subsection (2) below.

(1)

Conservation easements held by an entity that takes responsibility for monitoring the land. Conservation easements shall conform to the following minimum requirements:

(a)

Conservation easements shall be granted to a land conservancy meeting the requirements in Section 350-1126C(5). The grantee shall have the rights of reasonable entry and enforcement.

(b)

The property made subject to the conservation easement shall be described by metes and bounds, by an exhibit containing the subdivision plan and designating the property, and photographs which illustrate the nature and character of the property and any special environmental features identified by the Planning Commission during the subdivision process.

(c)

Grantors shall declare that the terms of the easement shall run with the land and bind the property in perpetuity for the benefit of the grantee.

(d)

The uses of land subject to the conservation easement shall be limited by the permitted uses specified in Subsection B, above.

(e)

The property shall not be further subdivided into additional building lots.

(f)

Permitted construction activities, including cutting and removing of trees and other vegetation shall be permitted only in compliance with the maintenance plan specified in Subsection D, above.

(g)

The terms and restrictions of the conservation easement shall be approved by the Board of Supervisors before final approval of the development plan.

(2)

Deed restrictions, which do not involve monitoring of the land, may be used in the place of conservation easements only under the following circumstances and in accordance with the following standards:

(a)

When the common open space totals less than five acres, a deed restriction may be used.

(b)

If no entity is available or willing to hold a conservation easement on the common open space, a deed restriction may be used.

(c)

The Township may be party to the deed restriction. The deed restriction shall be used only if approved by the Township.

(d)

Restrictions, meeting Township specifications, shall be placed in the deed for each lot with common open space. The deed restriction shall ensure the permanent protection and continuance of the common open space and shall define permitted uses.

(e)

It shall be clearly stated in the individual deeds that maintenance responsibility for common open space lies with the property owner.

§ 350-1127 Outdoor cafe.

An outdoor cafe shall adhere to the following:

The outdoor cafe shall be part of an indoor restaurant with a minimum indoor seating capacity of 10 persons.

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 shall stop serving customers on or before 10:00 p.m. prevailing time on weekends and clear all tables of food, beverages, and customers on or before 11:00 p.m.

Beverages shall not be served in glass containers.

This use shall not be located on or extend onto a public sidewalk or right-or-way.

This use shall be associated with a principal use of a restaurant or tavern and shall be located abutting that building in which the principal use is located, and shall be located on the same lot as that principal use.

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.

The outdoor cafe must provide table service.

The applicant shall maintain the outdoor cafe in accordance with all Township ordinances and state and federal laws, rule and regulations, as well as rules and regulations promulgated and adopted by the Township which pertain to this use.

The applicant shall remove the outdoor cafe within 10 days after written notice by the Township Zoning Officer if determined that this use is detrimental to the health, safety, and general welfare of the Township or its residents as follows:

(1)

The outdoor cafe is no longer being used as such.

(2)

This use has been temporarily or permanently closed for violation of any Township, county, state, or federal law and/or regulation.

(3)

This use is operated in violation of any ordinance or regulations of the Township.

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 the Board of Supervisors.

§ 350-1128 Quarrying or mining operation.

Quarrying and mining operations shall be subject to the following regulations:

Minimum site area: 50 acres.

Minimum setbacks from property lines:

(1)

Front yard: 300 feet.

(2)

Side yard: 200 feet.

(3)

Rear yard: 200 feet.

Required information. When applying for a zoning permit, the applicant shall provide the following information in addition to that required by the standard zoning permit:

(1)

General site area. Plan of general area within one mile radius of the site, at a scale of no greater than 1,000 feet to the inch with a 20-foot or less contour interval. The general site area plan shall include:

(a)

Location of proposed site;

(b)

Roads, including widths, weight loads, types of surfaces, and current traffic data;

(c)

Existing land use pattern including the location of existing buildings and historical sites and buildings; and

(d)

Existing and proposed uses or facilities within a one mile radius of the site including: subdivisions, parks, schools, churches, highways, and other uses potentially affecting or affected by the proposed quarry or mining operation.

(2)

Proposed site area. Plan of proposed site at a scale of no greater than 100 feet to the inch with a five-foot or less contour interval. The proposed site area plan shall include:

(a)

Soils and geology;

(b)

Groundwater data and watercourses;

(c)

Vegetation and dominant species;

(d)

Wind data with directions and percentage of duration; and

(e)

Proposed usage and operation including:

[1]

Final grading by contours;

[2]

Interior road pattern, its layout in relation to the operation yard and points of ingress and egress to state and Township roads;

[3]

Estimated amount and description of aggregate and overburden to be removed;

[4]

Ultimate use and ownership of site after completion of operation;

[5]

Source and amount of water to be used;

[6]

Proposed screening as per Article XII;

[7]

Soil embankments for noise, dust, and visual barriers and heights of spoil mounds;

[8]

Machinery type and associated noise levels; and

[9]

Safety measures and plan for monitoring of complaints.

(3)

The route of entry through the Township to the quarrying or mining operation use. Depending on the route of entry to the quarrying or mining operation use and the adequacy and carrying capacity of the roadways along such route of entry, the Township may require that a traffic study be performed to determine the number of trucks transversing that area of the Township and issues related to safety through populated areas. The Township also may require the posting of a bond for road maintenance for heavily traveled routes associated with the quarrying or mining operation use.

Performance standards. The following performance standards shall apply to quarrying or mining operations:

(1)

No excavation, quarry wall, storage, or area in which processing is conducted shall be located within the required setbacks.

(2)

All excavations, except stone quarries over 25 feet in depth, shall be graded in such a way as to provide an area harmonious with the surrounding terrain and which does not pose a safety hazard. Grading and backfilling shall be accomplished continually and as soon as practicable after excavation.

(3)

Drainage, either natural or artificial, shall be provided so that disturbed areas shall not collect water or permit stagnant water to remain.

(4)

The principal access shall be directly from a collector or arterial road, as designated on the Functional Classification of Roads map (Appendix A),[1] and as herein defined. Access to roads shall be a minimum of 40 feet from the intersection of any street and shall be so arranged as to minimize danger to traffic and avoid nuisance to surrounding properties.

[1]

Editor's Note: Said Appendix is included as an attachment to this chapter.

(5)

When vegetative cover is the final use to which the tract is to be put, all that is not covered by water shall be covered with a sufficient amount of arable soil to support vegetation. A landscaping plan, per the standards in § 350-1206 and any other applicable standards of Chapter 300, Subdivision and Land Development, shall be prepared for the entire finished tract using plant material included on the approved plant list, in Appendix C,[2] for the prevention of erosion.

[2]

Editor's Note: Said Appendix is included as an attachment to this chapter.

(6)

Blasting shall not occur between the hours of 6:00 p.m. prevailing time and 7:00 a.m. prevailing time and shall adhere to the standards set forth in § 350-1214.

(7)

The quarrying or mining operation shall be filled in with soils or water upon completion of the site's use as a quarry or mining operation.

(8)

Stone quarries whose ultimate depth is more than 20 feet shall be provided with the following protection and screening:

(a)

A chain link fence at least 10 feet high with a slanted barbed wire top section that completely surrounds the area;

(b)

Warning signs shall be placed on the fence at intervals of no more than 100 feet and no lower than six feet above ground level;

(c)

Gates shall be closed and locked whenever the quarry is not in operation; and

(d)

When adjacent to a residential or commercial district or use, a screen planting around the perimeter of the fence in accordance with the provisions of Article XII.

§ 350-1129 Recreational use (outdoor and indoor).

Recreational uses shall be permitted when in accordance with the following standards:

Noncommercial recreational uses or facilities.

(1)

Permitted uses. These uses include, but are not limited to, parks, play fields, playgrounds, hiking paths, arboretums, conservation areas, wildlife sanctuaries, cross country skiing, swimming pools, boating, horseback riding, fishing, foot, bicycle and bridle paths, picnic areas, tennis and other racquet game courts or any similar uses characteristically identified with open space areas, and of a noncommercial nature, but in accordance with the following development standards:

(a)

Impervious cover for the use shall not exceed 25% of the lot area, including pedestrian or bicycle paths.

(b)

Any structure, building, parking, storage, loading, or paved areas, excluding foot and bicycle paths and necessary accessways to a public street, shall not be located closer than 50 feet to any lot line or 100 feet to any residential zoning district boundary or lot line of a property that is in residential use, and shall be screened from any such residential district or use in accordance with Article XII.

(c)

Any permanent outdoor facility including, but not limited to, tennis courts and swimming pools which concentrates activities shall be set back a minimum of 100 feet from any property line and shall be screened from any residential district or use in accordance with Article XII.

(2)

Minimum lot size: five acres.

(3)

Lighting shall be in accordance with Article XII.

Commercial recreational uses or facilities. The standards under this Subsection B shall apply to such privately established recreational uses such as, but not limited to, country clubs, golf, swim, and tennis clubs, ice-skating rinks, theaters, and bowling alleys.

(1)

Minimum lot area.

(a)

The following aggregate minimum lot areas shall be required based on each proposed use:

Use	Minimum Lot Area
Golf course (per 9 holes)	50 acres
Theater	1 acre
Bowling alley	1 acre
Outdoor swim or tennis club	5 acres
Indoor tennis, racquetball, or ice rink	5 acres

(b)

The minimum aggregate lot area for commercial recreational uses or facilities that are not listed above shall be determined by the application of standards herein as well as applicable regulations contained in Chapter 300, Subdivision and Land Development, and any other Township, county, state, or federal regulations.

(2)

Impervious coverage for the proposed use shall not exceed the maximum lot coverage standard of the applicable zoning district.

(3)

Any structure, building, parking, storage loading, or paved areas, excluding foot and bicycle paths, and necessary accessways to a public street, shall not be located closer than 50 feet to any lot line or 100 feet to any residential zoning district boundary or lot line of a property that is in residential use, and shall be screened from any such residential district or use in accordance with Article XII.

(4)

(5)

Auxiliary uses, such as a restaurant or banquet facilities, shall be restricted in their use to employees, patrons, members and guests of the principal use.

(6)

Lighting shall be in accordance with Article XII.

(7)

Campground.

(a)

Campgrounds shall be developed under a plot plan for the entire site indicating driveways, sewage disposal facilities, evidence of sewage facilities by the authority having jurisdiction, type and method of water supply, and certification of approval of the plan by the Planning Commission.

(b)

Campgrounds may be a permanent, year-round installation provided however that no campground user shall be permitted to remain in such camp ground for a period exceeding 30 days. The operator of the campground shall deliver to the Board of Supervisors written management procedures sufficient to assure compliance with the 30-day time limit, satisfactory to the Board of Supervisors, which shall be made a condition of the zoning permit.

(c)

The use shall have direct access to a collector or arterial road, as designated on the Functional Classification of Roads map (Appendix A),[1] and as herein defined.

[1]

Editor's Note: Said Appendix is included as an attachment to this chapter.

(d)

There shall be no more than one point of egress to each street on which the lot abuts.

(e)

The access shall be set back at least 40 feet from street intersections. The distance shall be measured from the street right-of-way to the edge of the access driveway.

(f)

No speaker shall be installed at such use that would cause sounds to emanate beyond the exterior of the premises.

(g)

At least one attendant shall be on duty at all times.

(h)

Campsites for tents shall be limited to 20 tents per acre.

(i)

Campsites for recreational vehicles shall be limited to 10 pads or sites per acre.

(j)

No temporary or permanent campsite shall be located closer than 100 feet from any adjoining property line or street right-of-way line.

(k)

The permitted uses within the commercial campground shall be limited to one single-family detached unit; one retail store with sales limited to items for the convenience of campers; and accessory structures including an office, maintenance buildings and storage areas.

(l)

Exterior storage areas for refuse shall be properly screened with secured fencing and landscaping materials. All containers shall be airtight, vermin-proof and have adequate storage capacity to accommodate the projected volumes of solid waste. No such storage area will be permitted within 100 feet from any lot line.

(m)

All perimeter boundary lines of the campground shall be adequately screened with a 50-foot-wide landscaped buffer yard.

§ 350-1130 Recycling center.

A recycling center shall be permitted when in accordance with the following standards:

Operation of a recycling facility shall at all times be in full compliance with the statutes of the Commonwealth of Pennsylvania, the rules and regulations of PaDEP, and the provisions of this chapter. In the event that any of the provisions of this chapter are less restrictive than any present or future rules or regulations of PaDEP, the more restrictive regulations shall supersede and control.

Minimum lot size. Minimum lot size shall be based on applicable standards set by PaDEP, or any other applicable state or federal regulations. In no case shall the minimum lot size for a recycling center be less than five acres.

Storage of recycled material shall:

(1)

Be within containers that prevent the material from being carried from the work area by wind or water;

(2)

Prevent the inhabitation of vectors;

(3)

Be set back a minimum of 100 feet from a property line and street line.

(4)

Any materials stored outdoors shall be properly screened so as not to be visible from any adjacent streets or property. The storage of paper shall be within a fully enclosed building or trailer.

Access to the site shall be limited to those posted times when an attendant is on duty. In order to protect against indiscriminate and unauthorized dumping, every recycling center shall be protected by locked barricades, fences, gates, or other means designed to deny access to the area at unauthorized times or locations. Such barricades shall be at least six feet high and shall be kept in good repair and maintained in a uniform color.

Litter control shall be exercised to confine blowing litter to the work area and a working plan for clean up of litter shall be submitted to the Township. To control blowing paper, a fence shall be erected with a minimum height of eight feet, with openings not more than three inches by three inches along all boundaries.

An intensive buffer, per the requirements of Article XII, shall be required between the required fence and the street line and along any edge of the property adjacent to a residential use or district.

Unloading of materials shall be continuously supervised by a facility operator.

Hazardous waste included on the list of hazardous waste maintained by PaDEP shall not be disposed of at a recycling center. No municipal, solid, or hazardous waste shall be processed or stored at a recycling center.

The route of entry through the Township to the recycling center. Depending on the route of entry to the recycling center and the adequacy and carrying capacity of the roadways along such route of entry, the Township may require that a traffic study be performed to determine the number of trucks transversing that area of the Township and issues related to safety through populated areas. The Township also may require the posting of a bond for road maintenance for heavily traveled routes associated with the recycling center.

When this use is combined with a transfer station, the separation of material shall be done so that the recycling process does not interfere with the prompt disposal of the municipal solid waste.

The principal access to the site shall be from a collector or arterial road, as designated on the Functional Classification of Roads map (Appendix A)[1], and as herein defined.

[1]

Editor's Note: Said Appendix is included as an attachment to this chapter.

A zoning permit shall be obtained and renewed on an annual basis.

§ 350-1131 Religious use or place of worship.

Churches, places of worship, and other religious uses shall be subject to the following regulations:

The minimum lot area shall be two acres, except that in the AP District the minimum lot area shall be one acre and the maximum lot area shall be two acres.

Uses permitted under this category:

(1)

Church, synagogue, or other place of worship.

(2)

Accessory uses, including the following:

(a)

Institutional classrooms or educational use.

(b)

Kitchen.

(c)

Gymnasium/recreational facility.

(d)

Day-care center (commercial and nonprofit) as per § 350-1110.

(e)

Rectory or other lodging for minister, priest, rabbi, or similarly qualified individual.

(f)

Cemetery as per § 350-1108.

(g)

Columbarium.

Accessory uses to a religious use and on the same lot as a primary religious use shall meet the following:

(1)

Accessory uses shall meet area and bulk requirements of the zoning district in which they are located and shall be in accordance with this article.

(2)

Accessory uses shall be setback a minimum of 50 feet from a residential use or district. Any outdoor play areas shall be in accordance with § 350-1112A(3).

Off-street parking facilities shall be in accordance with Article XIII.

Screening and buffering shall be in accordance with Article XII.

Lighting shall be in accordance with Article XII.

§ 350-1132 Residential conversion.

The following requirements shall apply for residential conversions:

Single-family detached dwellings converted to two or more dwelling units shall maintain the appearance of a single-family detached dwelling with a single front entrance. The resulting dwelling units may share a single front entrance. Additional entrances, when required, may be placed on the side or rear of the buildings. Exterior stairways and fire escapes shall be located on the rear wall in preference to either side wall, and shall in no case be located on a front facade facing a street. Except as may be necessary for these reasons of safety, there shall be no major structural change of the building in connection with the residential conversion.

The minimum lot area and bulk regulations for single-family detached dwellings in the district in which the residential conversion is proposed shall be met.

The following minimum floor areas requirements shall be met:

Type of Unit	Minimum Floor Area (square feet)
Efficiency	450
1 bedroom	550
2 bedrooms	700
3 bedrooms (maximum permitted)	800

Separate kitchen and bathroom facilities shall be provided per unit. All applicable Township Building Code and Chester County Health Department regulations and permits requirements regarding the installation of these facilities shall be met and indicated on all plans. Approval from all applicable agencies is necessary prior to issuance of a building permit by the Township.

Trash receptacles shall be screened so as not to be visible from the street or abutting properties except on scheduled days for trash pick-up.

Site and floor plans for the residential conversion shall be included with the application for conversion indicating both exterior and interior building alterations.

The off-street parking space requirements shall be met, in accordance with Article XIII.

§ 350-1133 Restaurant.

The following requirements shall apply for restaurants:

The use shall have access to either a collector or arterial road, as designated on the Functional Classification of Roads map (Appendix A),[1] and as herein defined.

[1]

Editor's Note: Said Appendix is included as an attachment to this chapter.

Trash receptacles shall be provided outside of the restaurant for patron use, but shall not be located closer than 25 feet to any residential use or district.

A trash storage area shall be provided which is screened from the street and adjacent properties to create a visual barrier from the street and adjacent properties and to prevent trash from blowing from the area in accordance with § 350-1206. Trash areas shall be located to permit safe and accessible trash removal.

When this use is adjacent to or on the same lot with other commercial uses, there shall be a common accessway. Access shall be a minimum of 40 feet from street intersections, and shall meet the access requirements of § 350-1207. The distance shall be measured from the street right-of-way to the edge of the access driveway.

Lighting, screening, and landscaping shall be provided in accordance with the provisions of Article XII.

§ 350-1134 Riding academy and stables.

The minimum size of a riding academy shall be four acres for the first horse and one acre for each additional horse which is maintained, stabled or pastured on the premises.

No facility including rings, jumping or show areas shall be closer than 50 feet to street line and residential uses or districts, and 30 feet to other property lines.

The entire periphery of all grazing areas must be enclosed by a well-maintained fence.

In the event a bridle path crosses a road, the property owner shall be responsible for posting a sign indicating such use, in compliance with applicable procedure and regulations for road signs and signage in Article XIV and Pennsylvania Department of Transportation requirements.

Lighting, screening, and landscaping shall be provided in accordance with the provisions of Article XII.

Erosion and sedimentation control in accordance with Chapter 300, Subdivision and Land Development.

§ 350-1135 Self-storage units/mini-warehouse.

Self-storage uses shall be permitted when in accordance with the following standards:

Access shall be from a collector or arterial road, as designated on the Functional Classification of Roads map (Appendix A),[1] and as herein defined.

[1]

Editor's Note: Said Appendix is included as an attachment to this chapter.

The minimum aisle width between buildings shall be 20 feet.

The use shall be subject to review by police and fire officials regarding security and fire protection.

Storage of explosive, radioactive, toxic, highly flammable, or otherwise hazardous materials shall be prohibited.

No business activity other than leasing of storage units shall be conducted on the premises.

All storage shall be within closed buildings built on a permanent foundation of durable materials. Trailers, box cars or similar impermanent or movable structures shall not be used for storage.

Outdoor storage shall comply with the following requirements:

(1)

Outdoor storage of automobiles, boats, and recreation vehicles is permitted provided they are screened so as not to be visible from adjacent streets, residential uses or residentially zoned land.

(2)

A maximum of 20% of the total site area may be used for such outdoor storage.

(3)

Stored vehicles shall not interfere with traffic movement through the complex.

(4)

The storage facilities complex shall be surrounded by a fence at least eight feet in height.

(5)

Lighting shall be in accordance with the requirements of Article XII.

(6)

Screening when abutting a residential use or district shall be in accordance with the commercial buffer requirements.

§ 350-1136 Shopping center.

A shopping center shall the follow the following standards. These criteria shall also apply to any single proposed retail use more than 20,000 square feet in gross floor area:

The area and bulk regulations for shopping center under the applicable zoning districts shall apply.

Primary access shall be from a collector or arterial road, as designated on the Functional Classification of Roads map (Appendix A),[1] and as herein defined.

[1]

Editor's Note: Said Appendix is included as an attachment to this chapter.

All uses within a shopping center shall be harmoniously planned within a single building or within groups of buildings. Planned out parcels, pad sites or detached buildings may be permitted, provided the use is located within a separate lot meeting the appropriate minimum and maximum dimensional requirements for that specific use pursuant to the provisions applicable to the zoning district in which the shopping center is proposed. The applicant shall identify the planned uses within the shopping center and demonstrate how these uses can function harmoniously during all hours of operation.

No building or permanent structure, other than a sign, shall be permitted within 25 feet from a lot line and 15 feet of the street line, except that in the event a proposed shopping center abuts a residential zoning district or a lot containing an existing residential dwelling unit, a minimum building or structure setback of 100 feet from the boundary of such residential zoning district or 100 feet from such residential property line shall be provided.

No parking, loading, or service area shall be less than 25 feet from any property line and less than 10 feet from any street line, except that in the event a proposed shopping center abuts a residential zoning district or a lot containing an existing residential dwelling unit, a minimum setback of 50 feet from the boundary of such residential zoning district or 50 feet from such residential property line shall be provided.

Off-street parking shall be in accordance with Article XIII.

This use, including parking, loading, service, and exterior storage areas, shall be fully buffered from all adjacent residential uses and districts as per the commercial buffer requirements in Article XII.

Outdoor storage and lighting shall comply with standards set forth in Article XII.

Interior roadways for access and circulation shall be provided in accordance with the standards in Chapter 300, Subdivision and Land Development, and shall be designed so as to prevent traffic congestion at points of ingress and egress. All proposed areas designated for the loading or unloading of trucks and/or other commercial vehicles shall be planned and arranged so they may be utilized without interfering with the interior traffic circulation and parking facilities.

Establishments furnishing shopping carts shall provide defined areas on the site for the storage of such carts that shall be clearly marked and designed for such use.

Trash receptacles for patron use shall be provided outside of any establishment with takeout service or convenience shopping.

Sidewalks shall be provided along all street frontage and pedestrian access to sidewalks on or adjacent to the property shall be provided. The continuation of the sidewalk network is encouraged within the Rural Center and Village Zoning Districts.

A system of interior pedestrian circulation throughout the shopping center shall be provided, utilizing sidewalks and crosswalks, in order to accommodate safe pedestrian movements between the buildings and parking areas. Said circulation system shall extend to adjoining streets in order to provide for existing or future pedestrian connection to such streets.

The shopping center use shall contract with a security firm to provide on-site security.

§ 350-1137 Transfer station.

A transfer station shall be permitted when in accordance with the following standards:

Operation of a transfer station shall at all times be in full compliance with the statutes of the Commonwealth of Pennsylvania, the rules and regulations of PaDEP, and the provisions of this chapter. In the event that any of the provisions of this chapter are less restrictive than any present or future rules or regulations of PaDEP, the more restrictive regulations shall supersede and control.

An intensive buffer shall be required between the fence and the street line and property line, in accordance with Article XII.

Access to the site shall be limited to those posted times when an attendant is on duty. In order to protect against indiscriminate and unauthorized dumping, every transfer station shall be protected by locked barricades, fences, gates, or other means designed to deny access to the area at unauthorized times or locations. Such barricades shall be at least eight feet high and shall be kept in good repair and maintained in a uniform color.

The entire transfer process, which includes unloading, compaction, and loading onto the transfer trucks shall occur inside a building. Unloading of materials shall be continuously supervised by a facility operator.

At the end of each work day, all municipal solid waste shall be compacted in a transfer container. Oversized items and items that cannot be compacted because of their size or construction shall be stored in the building. These items shall not remain on the site for more than 15 days.

A contingency plan for disposal of municipal solid waste during a plant shutdown must be submitted to the Township and approved by Board of Supervisors.

Leachate from the municipal solid waste and water used to wash vehicles or any part of the operation shall be disposed of in a manner in compliance with PaDEP regulations. If the leachate is to be discharged to a municipal sewage treatment plant, appropriate permits shall be obtained from the applicable agencies and authorities. In no event shall the leachate be disposed of in a storm sewer, to the ground, or in any other manner inconsistent with PaDEP regulation.

Sanitary landfill operations and open burning of any materials shall be specifically prohibited.

A zoning permit shall be obtained and renewed on an annual basis, and any required fees shall be in accordance with the Township fee schedule.

A transfer station may include the separation and collection of material for the purpose of recycling if the standards of § 350-1130 for a recycling center are met.

Transfer stations shall be constructed on an all-weather, impervious surface to avoid the negative environmental impact of direct seepage of waste into the ground during operation.

The route of entry through the Township to the transfer station. Depending on the route of entry to the transfer station and the adequacy and carrying capacity of the roadways along such route of entry, the Township may require that a traffic study be performed to determine the number of trucks transversing that area of the Township and issues related to safety through populated areas. The Township also may require the posting of a bond for road maintenance for heavily traveled routes associated with the transfer station.

§ 350-1139 Accessory alternative energy systems (solar, wind, geothermal, outdoor wood-fired boilers, and emerging energy systems).

Accessory solar energy facilities (ASEF):

(1)

A solar energy system shall be permitted as an accessory use in all zoning districts, subject to the provisions set forth herein, as well as all other applicable state or federal regulations. The energy generated in excess of the requirements of the principal use of the property may be purchased or acquired by a public utility in accordance with all applicable laws and government regulations.

(2)

An accessory solar energy facility (ASEF) may be roof-mounted or ground-mounted subject to the criteria in § 350-1139A(11), or § 350-1139A(12), as applicable.

(3)

An ASEF installed prior to enactment of this Section is not required to comply with the terms of this Section. However, any physical modification that materially alters the size, type and number of solar panels or other equipment shall require approval under this Ordinance and meet the requirements of the applicable building, electrical, and fire code(s).

(4)

Design and permitting. The design and installation of the ASEF shall conform to applicable industry standards, such as those of the American National Standards Institute (ANSI), Underwriters Laboratories, the American Society for Testing and Materials (ASTM), or other similar certifying organizations, and shall comply with the Township Building Code and with all other applicable fire and life safety requirements. Township permits shall be required. Applicable manufacturer specifications shall be submitted as part of the application for any permit.

(5)

Grid connection. The applicant for an ASEF connected to the utility grid shall provide to the Township written authorization from the local utility company acknowledging and approving such connection.

(6)

Radiation and glare. Solar collectors shall be placed such that concentrated solar radiation and reflective glare shall not be directed onto nearby properties or streets, or interfere with aviation or airport flight patterns. Acknowledgement of same from the Federal Aviation Administration, Pennsylvania Bureau of Aviation, or other agency or entity, may be necessary at the discretion of the Board of Supervisors.

(7)

Solar access easements. The Township does not guarantee and will not protect any individual property rights with respect to solar access. The ASEF should be located to ensure solar access without reliance on adjacent properties, and the ASEF owner is encouraged to obtain solar access easements from neighboring landowners to ensure solar access. Where necessary to ensure that solar access to an ASEF shall not be obstructed over time by permissible uses or activities on any adjacent property (e.g., by planting or growth of vegetation, new construction, etc.), it shall be the responsibility of the owner of the ASEF to obtain appropriate solar access easement(s) from neighboring property owner(s) and to notify the Township upon the recording of any such easement(s). All solar access easements shall be recorded in the office of the Chester County Recorder of Deeds.

(8)

Historic resources. If an ASEF is proposed to be mounted on or located within 100 feet of any historic resource, such system shall be subject to conditional use approval at the sole discretion of the Township following review and recommendation from the Historical Commission and upon a finding that the proposed system will not adversely impact the historical significance or landscape context of the subject historic resource. If approval is granted, the ASEF shall be installed in accordance with the guidelines as set forth by the National Park Service publication: Solar Panels on Historic Properties (latest edition).

(9)

Upon completion of installation, the ASEF shall be maintained in good working order in accordance with standards of the Township codes under which it was constructed. Failure of the property owner to maintain the ASEF in good working order is grounds for appropriate enforcement actions by the Township in accordance with applicable ordinances.

(10)

An ASEF, including associated equipment, shall be removed at the owner's sole expense within 12 months of the date when the use has been discontinued or abandoned by the system owner and/or operator, or upon termination of the useful life of the system. The ASEF shall be presumed to be discontinued or abandoned if no electricity is generated by the system for a period of 12 continuous months. The ASEF owner shall, at the request of the Township, provide information concerning the amount of energy generated by the ASEF in the previous 12 months.

(11)

Roof-mounted ASEF shall comply with the following standards:

(a)

The roof-mounted ASEF may be installed on a principal or accessory building.

(b)

No portion of an ASEF shall extend beyond the edges of the roof.

(c)

No portion of an ASEF attached to a pitched roof shall extend above the ridgeline of the pitched roof.

(d)

For an ASEF attached to a flat roof, the highest point of the system shall be permitted to exceed the height limit of the zoning district in which it is located by up to six feet above the rooftop to which it is attached.

(e)

No equipment associated with the roof-mounted ASEF shall be permitted in the front yard; however, equipment affixed to the roof of the principal or accessory structure and visible from the front yard shall be permitted.

(f)

An effort shall be made to make the wiring and hardware blend in with the roof and building facade.

(12)

Ground-mounted ASEF shall comply with the following standards:

(a)

Ground-mounted ASEF and all associated mechanical equipment shall meet the setback requirements for an accessory use for the zoning district in which they are located, and shall not be located within any required front yard setback, along any street frontage, or within any required easement, right-of-way, or stormwater conveyance system.

(b)

Ground-mounted ASEF shall not exceed a height of 15 feet. A ground-mounted ASEF may exceed a height of 15 feet if it will cover an impervious surface parking area and the applicant can demonstrate to the Township that greater height is needed to allow clearance for emergency service and service vehicles.

(c)

All exterior electrical and/or plumbing lines from the solar energy system to any building or other structure shall be located underground.

(d)

For the purposes of the Township Stormwater Management Ordinance, the total horizontal projection area of all ground-mounted and free-standing solar collectors, including solar photovoltaic cells, panels, and arrays, shall be considered pervious so long as the designs note that natural vegetative cover will be preserved and/or restored underneath the solar photovoltaic cells, panels, and arrays, and the area disturbed is planned as a vegetative pervious surface. Any other associated buildings, equipment, or structures shall be considered impervious surface. For the purposes of determining compliance with lot coverage standards of the applicable zoning district, the footprint of the ground-mounted ASEF, calculated as the dimension of the footprint of the cumulative solar panels plus the area of any associated buildings, equipment, or structures shall count toward the overall lot coverage regardless of whether it is determined to be impervious. For a tracking array or other moveable system the footprint of the solar panels shall be calculated at a 33° tilt angle.

(e)

All ground-mounted ASEF shall be located so that tree removal is not required to the extent practical.

(13)

Ground-mounted ASEF exceeding 500 square-feet in surface area shall be subject to conditional use approval and shall comply with the following conditions, in addition to the standards set forth in § 350-1139(12), with the exception of § 350-1139(12)(a):

(a)

The ground-mounted ASEF shall be setback a minimum of 300 feet from property lines and road rights-of-way unless the Board of Supervisors determines that the existing topography and/or landscaping provide an adequate barrier. The ground-mounted ASEF shall not be located within any required front yard setback or within any required easement, right-of-way, or stormwater conveyance system. No lesser setback specified in this chapter shall apply to ground-mounted ASEF exceeding 500 square-feet in surface area.

(b)

Native grasses and/or other native vegetation satisfactory to the Township shall be planted and maintained below and between ground-mounted solar panels, modules and/or arrays, unless other ground cover is required by a state or federal agency or recommended by the Township Engineer, consultant, or licensed landscape architect and approved by the Board of Supervisors.

(c)

In no event shall the ground-mounted ASEF exceed one acre unless the Board of Supervisors determines that there are compelling reasons for it to exceed one acre.

Accessory wind energy facilities (AWEF):

(1)

A wind energy facility shall be permitted as an accessory use in all zoning districts, subject to the provisions set forth herein, as well as all other applicable local, state, and federal regulations and construction and electrical codes. A system is considered an accessory wind energy facility only if it supplies electrical or thermal power primarily for on-site use. The energy generated in excess of the requirements of the principal and/or accessory use of the property may be purchased or acquired by a public utility in accordance with all applicable laws and government regulations.

(2)

An accessory wind energy facility (AWEF) may be roof-mounted or ground-mounted subject to the applicable criteria in this § 350-1139.

(3)

An AWEF installed prior to enactment of this section is not required to comply with the terms of this section. However, any physical modification that materially alters the size, type and number of wind turbines or other equipment shall require approval under this chapter and meet the requirements of the applicable building code(s).

(4)

The layout, design, and installation of AWEF shall conform to applicable industry standards, including those of the American National Standards Institute (ANSI), Underwriters Laboratories (UL), Det Norske Veritas, Germanischer Lloyd Wind Energies, the American Society of Testing and Materials (ASTM), or other pertinent certifying organizations and comply with the PA Uniform Construction Code and all applicable building code and fire and safety requirements. The applicant shall submit manufacturer's specifications as part of an application.

(5)

The applicant for an AWEF connected to the utility grid shall provide to the Township written authorization from the local utility company acknowledging and approving such connection.

(6)

Historic resources. If an AWEF is proposed to be mounted on or located within 100 feet of any historic resource, such system shall be subject to conditional use approval at the sole discretion of the Township following review and recommendation from the Historical Commission and upon a finding that the proposed system will not adversely impact the historical significance or landscape context of the subject historic resource.

(7)

Viewsheds. To the maximum extent possible, all AWEF shall be sited on the subject property so as to limit its visual impact when viewed from adjoining public roads, parks, nature preserves, and neighboring properties.

(8)

Noise.

(a)

Equipment selected for use as an AWEF shall incorporate the latest technology for producing low ambient noise levels.

(b)

The sound produced by the AWEF shall not exceed 45dBA as measured at the property line at ground level.

(c)

Noise limits may be exceeded during short-term events such as utility outages and/or severe windstorms.

(9)

When an accessory building is necessary for energy storage cells or related mechanical equipment, the accessory building shall comply with the accessory building requirements of the zoning district in which the AWEF is located.

(10)

All ground-mounted electrical and control equipment shall be labeled and secured to prevent unauthorized access.

(11)

Clearly visible warning signs concerning falling objects shall be placed within the principal structure yard setbacks and spaced not more than 100 feet apart, to the extent possible, to warn against ice and rotor throws. Signs are to be placed a minimum of three feet from the ground and be a minimum of one square foot, but not exceeding two square feet, in surface area.

(12)

The owner shall post electrical hazard warning signs on or near the AWEF.

(13)

All on-site utility, transmission lines, and cables shall be placed underground.

(14)

The display of advertising is prohibited except for identification of the manufacturer of the system.

(15)

AWEF shall not be lighted except for any lighting required to comply with Federal Aviation Administration (FAA) or Pennsylvania Department of Transportation Bureau of Aviation (BOA) regulations.

(16)

AWEF shall be painted a non-reflective, flat color such as white, off-white, or gray unless required to be colored differently from FAA or BOA regulations.

(17)

AWEF shall have an automatic braking, governing or feathering system to prevent uncontrolled rotation, over speeding and excessive pressure on the tower structure, rotor blades and turbine components.

(18)

AWEF shall not cause shadow flicker on any occupied building on a non-participating landowner's property.

(19)

No part of any AWEF shall be located within or above the required setbacks of any lot, extend over parking areas, access drives, driveways or sidewalks.

(20)

The owner of the AWEF shall provide evidence that the owner's insurance policy has been endorsed to cover an appropriate level of damage or injury that might result from the installation and operation of the wind energy system.

(21)

The potential ice throw or ice shedding for an AWEF shall not cross the property line of the lot on which the AWEF is located nor impinge on any right-of-way or overhead utility line.

(22)

The owner of the AWEF shall ensure that the design and operation of the AWEF avoid disruption or loss of radio, telephone, television, cell, Internet or similar signals, and shall mitigate any harm caused thereby.

(23)

Permit requirements.

(a)

Zoning/building permit applications for AWEF shall be accompanied by a site plan which includes the following:

[1]

Property lines and physical dimensions of the property;

[2]

Location of the proposed AWEF on the property;

[3]

Location, dimensions, and types of existing structures on the property;

[4]

The right-of-way of any adjacent public road(s);

[5]

Location of any above-ground utility lines on the property or adjoining lots;

[6]

Location of any historic resources on the property or adjoining lots and within 100 feet of the AWEF;

[7]

AWEF system specifications, including manufacturer and model, rotor diameter, tower height, and tower type; and

[8]

Standard drawings of the wind turbine structure and stamped engineered drawings of the tower, base, footings, and/or foundation as provided by the manufacturer.

(b)

The applicant shall demonstrate that, to the maximum extent possible, the AWEF will not interfere with scenic viewsheds as viewed from public roads, parks, nature preserves, and neighboring properties. Such evidence may include graphic renderings, maps, and/or photographs demonstrating sightlines from the AWEF.

(c)

Permits shall be kept on the premises where the AWEF is constructed.

(d)

The zoning/building permit shall be revoked if the AWEF, whether new or pre-existing, is moved or otherwise altered, either intentionally or by natural forces, in a manner which causes the AWEF not to be in conformity with this Ordinance.

(e)

For standard soil conditions (not including gravel, sand, or muck), foundations developed by the wind turbine manufacturer shall be acceptable for AWEF installations of 20kW or less and will not require project-specific soils studies. Applicants proposing projects involving substandard soil conditions or installations of AWEF greater than 20kW may be required by the Zoning Officer to submit detailed soil studies.

(f)

The AWEF shall be properly maintained and be kept free from all hazards, including but not limited to, faulty wiring, loose fastenings, being in an unsafe condition or detrimental to public health, safety or general welfare. In the event of a violation of any of the foregoing provisions, the Zoning Officer shall give written notice specifying the violation to the owner of the AWEF to conform or to remove the AWEF.

(24)

An AWEF, including associated equipment, shall be removed and properly disposed of at the owner's sole expense within 12 months of the date when the use has been discontinued or abandoned by the system owner and/or operator, or upon termination of the useful life of the system. The system shall be presumed to be discontinued or abandoned if no electricity is generated by the system for a period of 12 continuous months. The AWEF owner shall, at the request of the Township, provide information concerning the amount of energy generated by the AWEF in the previous 12 months.

(25)

Roof-mounted AWEF shall comply with the following:

(a)

There shall be no commercial use of a roof-mounted AWEF for generation of energy.

(b)

The applicant shall provide certification from a Pennsylvania licensed professional engineer that the building is structurally sufficient to withstand the weight of the wind turbine being installed as well as the projected wind load to be placed upon the wind turbine.

(c)

The roof-mounted wind turbine shall be mounted in accordance with the manufacturer's installation requirements. The mounting equipment shall be certified by a Pennsylvania licensed professional engineer that the mounting equipment is sufficient to withstand the weight of the wind turbine being installed as well as the projected wind load to be placed upon the wind turbine.

(d)

Roof-mounted AWEF shall not exceed a height of eight feet measured from the center of the wind turbine's nose cone to the roofline on which it is mounted.

(e)

Roof-mounted wind turbine blades shall have a minimum clearance of three feet between the tip of the blades and roofline as well as other obstructions including but not limited to antennae, satellite dishes, vent stacks, and chimneys.

(f)

Roof-mounted wind turbines shall be set back from any adjacent occupied building a distance of not less than 30 feet.

(g)

All exterior wiring and hardware shall blend in with the roof and building facade.

(26)

Ground-mounted AWEF shall be comply with the following:

(a)

There shall be no off-site primary use of the AWEF for generation of energy.

(b)

No ground-mounted AWEF shall be located in a front yard.

(c)

Ground-mounted AWEF shall not exceed a height of 85 feet. The height of a ground-mounted AWEF shall be measured from the average approved finished grade at the perimeter of the base of the ground-mounted AWEF to the highest vertical point of the rotor at its maximum vertical position.

(d)

For a ground-mounted AWEF, only a single pole or monopole structure shall be permitted. The pole shall be self-supporting upon its foundation without the use of guy wires or other supports and shall be certified by the wind turbine's manufacturer that the pole is sufficient to withstand the weight of the wind turbine being installed as well as the projected wind load to be placed upon the wind turbine.

(e)

The minimum height of the lowest position of the ground-mounted wind turbine rotor shall be 15 feet above the surface of the ground.

(f)

All ground-mounted electrical and control equipment shall be labeled and secured to prevent unauthorized access.

(g)

To prevent climbing, a ladder or steps affixed to a ground-mounted wind turbine shall not be provided any lower than 15 feet above its base.

(h)

Setbacks for ground-mounted AWEF:

[1]

AWEF shall be set back from property lines, occupied buildings, above-ground utility lines, road and/or railroad rights-of-way by a distance equal to no less than 1.1 times the total height of the turbine.

[2]

AWEF shall be allowed closer to a property line than the prescribed setbacks if the abutting property owner(s) grants written permission in the form of a signed easement and the installation poses no interference with public utility lines, public roads and rail right-of ways.

[3]

No lesser setback specified in this chapter shall apply to ground-mounted AWEF.

(i)

The number of ground mounted AWEF permitted on a lot shall be based upon lot size and follow the schedule below:

Lot Size	Maximum Number of Ground-Mounted AWEF
<1 acre to 4.99 acres	1
5+ acres to <10 acres	2
10+ acres	3

Accessory geothermal energy facilities.

(1)

A closed-loop geothermal energy system shall be permitted in all zoning districts as an accessory use, where the energy supplied is solely for the use of principal and/or accessory uses permitted on the subject property.

(2)

Open-loop geothermal energy systems are prohibited.

(3)

It shall be unlawful to install a new geothermal well or modify an existing geothermal well without a valid permit in accordance with Chester County Health Department Rules and Regulations, Chapter 500, as may be amended.

(4)

All mechanical equipment associated with a geothermal energy system shall comply with the accessory setback requirements and lot coverage requirements of the zoning district in which it is located.

(5)

Recognizing that certain portions of West Caln Township are underlain by karst or carbonate geology and are prone to the potential formation of sinkholes, all applicants for geothermal energy systems located in such areas shall acknowledge, and by virtue of the application for a permit for installation of a geothermal energy system, shall agree to the following:

(a)

In all situations when boreholes or trenches are (or have been) excavated, or natural conditions have otherwise been disturbed, the likelihood of sinkhole formation increases;

(b)

The applicant (or subsequent owner) accepts all responsibility and liability for any sinkholes that do form in association with the applicant's geothermal energy system; and

(c)

The applicant (or subsequent owner) agrees to repair any and all sinkholes that form in association with the geothermal energy system.

(6)

If the geothermal energy system is abandoned or enters into a state of disrepair, it shall be the responsibility of the property owner, through a County-licensed contractor, to repair or decommission the system in accordance with Chapter 500 of the Chester County Health Department Rules and Regulations, as amended. Any earth disturbance as a result of the removal or permanent sealing of the geothermal energy system shall be reseeded and revegetated with native species to its pre-disturbance condition.

Accessory outdoor wood-fired boilers.

(1)

Outdoor wood-fired boilers (OWB) shall be permitted as an accessory use in all zoning districts, where the energy supplied is solely for the principal use permitted on the subject property.

(2)

An OWB installed prior to enactment of this section is not required to comply with the terms of this section. However, any physical modification that materially alters the size, type and number of OWBs or other associated equipment shall require approval under this chapter and meet all applicable local, state, and federal codes and regulations.

(3)

OWBs shall be certified by the United States Environmental Protection Agency (EPA) and shall comply with EPA New Source Performance Standards (NSPS) as meeting the Step 2 emission rate of 0.10 pounds per million Btu heat output.

(4)

OWBs shall be located on the property in compliance with the manufacturer's recommendations with respect to clearance for combustible materials. Due consideration shall also be given to prevailing wind directions when locating any furnace. In no case shall an OWB be located within any required front yard setback, along any street frontage, or within any required easement, right-of-way, or stormwater conveyance system.

(5)

OWBs shall be setback a minimum of 50 feet from the nearest property line, except that where a greater setback is required by the applicable zoning district, such greater setback shall apply.

(6)

Wood-fired boilers shall have a permanently attached smokestack installed according to the manufacturer's specifications that extends a minimum of 15 feet above the ground, measured as the average finished grade of the site upon which the OWB is located, and that also extends at least two feet above the highest peak of any residence located less than 150 feet from the OWB.

(7)

OWBs shall only burn clean wood, wood pellets made from clean wood, home heating oil, natural gas or propane fuels, or other fuel approved in writing by the PA DEP.

(8)

The following fuels shall be specifically prohibited:

(a)

Any material not listed in Subsection D(7), above.

(b)

Wood that has been painted, varnished or coated with similar material.

(c)

Pressure-treated wood or pallets or pressure-treated lumber.

(d)

Residential or commercial garbage.

(e)

Lawn clippings or yard waste.

(f)

Materials containing rubber, including tires.

(g)

Materials containing plastic.

(h)

Waste petroleum products, paints or paint thinners, or asphalt products.

(i)

Materials containing asbestos.

(j)

Construction or demolition debris.

(k)

Paper products, cardboard, plywood, or particleboard. The prohibition against burning these materials does not prohibit the use of fire starters made from paper, cardboard, sawdust, wax, and similar substances for the purpose of starting a fire in a wood heater.

(l)

Railroad ties.

(m)

Manure or animal remains.

(n)

Salt water driftwood or other previously salt water saturated materials.

(o)

Unseasoned wood.

(p)

Any materials that are not included in the warranty and owner's manual for the subject wood heater.

(q)

Any materials that were not included in the certification tests for the subject wood heater.

(r)

Any additional materials that may be prohibited by the US EPA or PA DEP.

Emerging energy systems.

(1)

An emerging energy system, other than those specifically defined in this chapter, may be permitted by special exception as an accessory use provided that such system is located on a lot with a permitted use in accordance with the applicable provisions of this chapter.

(2)

An emerging energy system may be located on or attached to an occupied building provided that the structural components of the emerging energy system does not exceed the permitted building height requirements of the zoning district in which it is located.

(3)

All components of the emerging energy system shall comply with the building setback requirements and lot coverage requirements of the zoning district in which it is located.

(4)

A site plan, prepared, signed, and sealed by a qualified professional licensed in the Commonwealth of Pennsylvania, shall be submitted, which identifies property lines, lot area, location of existing natural and manmade features, location of the proposed emerging energy system, ownership information for adjoining properties, and setback measurements from property lines, street lines, and occupied buildings.

(5)

An emerging energy system may be located on a lot provided that it is located, designed, and installed considering the health, safety, and general welfare of the adjacent property owners. The emerging energy system and associated building, structures, and equipment shall be secured and clearly visible warning signs concerning voltage and other potential hazards shall be placed as needed.

(6)

As part of the special exception application, the Zoning Hearing Board may attach reasonable conditions and safeguards.

§ 350-1140 Age-restricted residential community.

Age-restricted residential communities, as defined in Article II, shall be permitted when in compliance with the following standards:

The minimum tract size shall be 30 gross acres held in single and separate ownership.

The tract shall be developed according to a single plan under single direction and in the manner approved.

All of the uses contained within the age-restricted residential community shall be served by community or public water facilities and community or public sewer facilities

The maximum density shall not exceed four dwelling units per acre of net tract area.

A minimum of 40% of the gross area of the tract shall be designated and used exclusively for common open space, subject to § 350-1126 and the following:

(1)

There shall be a reasonable mix of active and passive recreation areas, with maximum preservation of existing environmental features in the areas left for passive recreational use.

(2)

Adequate open space area shall be provided for active recreational use, and all open space areas shall be designed and developed in such manner and with facilities compatible with the population who will reside in the community.

The following uses shall be permitted within an age-restricted residential community:

(1)

Any combination of single-family detached, single-family semidetached dwelling (twin), or multifamily townhouse dwellings.

(2)

Any of the following accessory uses, which shall be for the exclusive use of residents of the age-restricted residential community and their guests:

(a)

Community center, which may include dining facilities, activity rooms, auditoriums, lounges, and libraries; a chapel or other religious use; and office, retail, and personal service facilities, including gift shop, coffee shop, barber or beauty shop, bank, and pharmacy.

(b)

Community gardens and outdoor recreational facilities, including tennis courts, walking/jogging/bicycling trails/paths, and similar facilities.

(c)

Secured or gated entrance to the community.

A minimum of 10% of the dwelling units shall be reserved for households with a documented household income at or below 60% of the area median income (AMI) for the Philadelphia Metropolitan Statistical Area; or income that is determined to be "Very Low Income" or "Extremely Low Income" "as adjusted", as defined by the United States Department of Housing and Urban Development.

A minimum setback of 50 feet from tract boundaries and external streets shall be provided. Where the tract boundary abuts an agricultural use, CAO, CAFO, or mushroom production facility, the minimum setback shall be increased to 100 feet. Buffers and screening shall be incorporated within setback areas in accordance with § 350-1206.

All buildings shall be setback a minimum of 20 feet from internal streets, parking areas, and refuse collection centers.

All residential uses shall be setback a minimum of 50 feet from any outdoor active recreational facility.

Minimum building separation distances shall be provided as follows:

(1)

Facing front or rear walls (long wall): 50 feet.

(2)

Facing end walls (short wall): 25 feet.

Multifamily townhouse dwellings shall be designed in accordance with § 350-1124.

The maximum lot coverage shall be 40%.

A paved pedestrian system interconnecting all dwelling units, common and recreational facilities, and open space, parking, and refuse collection areas shall be provided and shall be a minimum of five feet in width or greater as may be required by Subsection O, below. Such walkways shall also be provided in order to enable existing or future connections to areas outside the tract boundaries.

Wheelchair access to all dwelling units, accessory uses, and other community facilities in accordance with the Americans with Disabilities Act of 1990 (42 U.S.C. § 12101 et seq.), as amended, shall be provided in the design of structures, pedestrian walkways, and parking areas. Where practical and desirable, buildings shall be interconnected by means of covered or enclosed walkways.

Refuse collection stations shall be fully screened by a solid wall, fence, evergreen planting or a combination thereof.

§ 350-1141 Data centers and data center accessory uses (DCAUs).

The applicant shall provide an affidavit or evidence of agreement between the landowner and data center owner and/or operator confirming the data center owner and/or operator has permission to apply for conditional use, necessary permits, and land development plan approval for construction and operation of the data center and DCAUs.

Data centers and DCAUs shall meet the following design standards:

(1)

The minimum lot area shall be 10 acres.

(2)

The minimum lot width at the building line shall be 150 feet.

(3)

The maximum building coverage shall be 45%.

(4)

The maximum lot coverage shall be 55%.

(5)

The maximum building height for a data center or DCAU shall be 45 feet, inclusive of rooftop and other associated equipment.

(6)

Setbacks. The data center and DCAUs shall be setback 200 feet from the property line of all other adjoining properties and road rights-of-way. No lesser setback specified in this chapter shall apply to data centers and DCAUs.

(7)

Buffering. An intensive buffer, in accordance with § 350-1206, shall be provided along all property lines and road rights of way. Such buffer area shall be a minimum of 100 feet in width.

(8)

Principal building facades. Principal building facades shall include all building facades that face adjacent public roads, an adjacent residential use, or adjacent residentially zoned land. When a building has more than one principal facade, such principal building facades shall be consistent in terms of design, materials, details, and treatment. All principal building facades shall incorporate a minimum of two of the following design elements:

(a)

Fenestration (windows) on a minimum of 30% of the principal facade surface area located in separated individual placements or clustered bays and distributed horizontally and vertically across the principal facade.

(b)

A change in building material, pattern, texture, color, or accent materials every 100 feet or at a distance deemed acceptable by the Board of Supervisors depending on the size of the building.

(c)

A building step-back of no less than 10 feet from the building wall at a height that begins at the top of the second story of the building or 30 feet, whichever is lower.

(d)

Building recesses every 60 horizontal feet having a minimum depth of five feet, or at a distance deemed acceptable by the Board of Supervisors depending on the size of the building.

(e)

A change in building height every 60 horizontal feet having a minimum width of 30 horizontal feet and a minimum vertical offset of five feet, or having dimensions deemed acceptable by the Board of Supervisors depending on the size of the building.

(9)

Main entrance feature. At least one main entrance feature shall be provided. Such main entrance features shall either project or recess from the main building plane, and/or be differentiated from the remainder of the building facade by a change in building material. Landscaping of the main entrance feature is encouraged.

(10)

External building materials shall be of colors that are low-reflective, subtle, or earth tone. Fluorescent and metallic colors shall be prohibited as exterior wall colors.

(11)

The applicant shall submit architectural renderings at the time of submission of application for Preliminary Plan approval to illustrate the exterior design of buildings and structures, including scale, height, roof pitch, relationship between varying facade elements, and principal exterior materials. Exterior design features may be modified during the Final Plan review process with any modifications subject to approval by the Board of Supervisors. The exterior appearance of the building(s) shall be designed, constructed and maintained to retain the character of the surrounding neighborhood.

(12)

Screening of mechanical equipment. Ground level and roof top mechanical equipment used for cooling, ventilating, or otherwise operating the facility, including power generation or other power supply equipment, shall be fully enclosed. If, based on the manufacturer's specifications, it is not mechanically feasible to fully enclose the equipment, it must be fully screened from view using one or more of the following means:

(a)

The buffer area required by Subsection B(8) above.

(b)

The existing vegetation that will remain on the property.

(c)

The principal data center building(s) or an accessory building(s).

(d)

A berm averaging a minimum of five feet in height above the adjacent average ground level with a maximum side slope of 3:1, provided that the berm shall be covered by a well-maintained all season natural ground cover and any required screening plantings shall be arranged on the outside and top of the berm.

(e)

A visually solid fence, screen wall or panel, parapet wall, or other visually solid screen that shall be constructed of materials compatible with those used in the exterior construction of the principal building(s).

(13)

Fencing. Fencing of the data center and DCAUs may be provided. All fencing shall be fully screened from view.

(14)

Impact studies and assessments. The applicant shall submit an Environmental Impact Study in accordance with Chapter 300, Subdivision and Land Development.

(15)

Noise and vibration. Noise and vibration emanating from any data center, DCAU, or associated equipment shall not exceed the levels specified in § 350-1214E and § 350-1214G, respectively.

(a)

Noise producing/emitting equipment, such as HVAC, heat exchangers, and backup generators should be selected such that low noise units and effective engineering noise control methods are used to minimize noise emissions to meet the noise and vibration limits established in § 350-1214 or as otherwise established as a condition of approval.

(b)

A sound modeling study shall be conducted to demonstrate that the proposed development will comply with applicable noise requirements of § 350-1214 and that the cumulative/aggregate noise emission from the proposed development, including all noise emitting sources, will not emit noise beyond the development boundaries or any property line of the proposed use that is in excess of the limits specified in § 350-1214. Sound modeling shall be performed according to ISO 9613 series standards.

(c)

An as-built sound study and vibration shall be conducted six months after issuance of the certificate of occupancy and prior to the final escrow release for any land development phase to demonstrate that the sound and vibration level requirements are being met.

(d)

For any sound or vibration study required herein, the Township may select an entity to conduct the study to verify that the noise or vibration does not exceed the aforesaid noise or vibration limits. The cost of such study shall be borne solely by the applicant or data center owner or operator, as applicable.

(e)

In addition to the noise and vibration studies required herein, at any time when the Zoning Officer has reasonable cause to believe that the aforesaid noise or vibration limits are being violated, the Zoning Officer may request that the Township or its authorized agent(s) conduct its own study to ascertain compliance with the noise and vibration limits. If the study finds a violation, then the cost of such study shall be borne solely by the landowner or data center owner or operator, as applicable. If the study does not find a violation, then the Township shall be responsible to pay for the costs of such Township-sponsored study.

(f)

If it is determined by the as-built study or other noise or vibration study required by the Township that there is a violation of the noise and vibration limits specified in § 350-1214, it shall be considered a violation of this chapter. The data center owner or operator shall promptly remediate the violation and shall provide a noise or vibration study, as applicable, showing that the noise and/or vibration does not exceed the aforesaid limits. If the non-compliance is not remedied within 30 days, the zoning permit may be rescinded until compliance is achieved.

(g)

The maximum noise and vibration limits shall not apply to sounds for emergency preparedness and response or during times of power outage; however, the noise and vibration studies shall also evaluate and report anticipated decibel levels when all emergency power generation equipment is running, including backup generators, and noise- and vibration-reduction measures shall be taken. In the case of an emergency preparedness and response event or a power outage, compliance with the noise and vibration limits specified in § 350-1214 shall be re-established within three hours of the cessation of such event or restoration of power.

(h)

If the Township institutes an enforcement action because of a violation of the noise or vibration limits, and if the owner is found liable for the violation in a civil enforcement proceeding, then in addition to any other rights or remedies available to the Township, the judgment shall require the owner of the project to pay all of the Township's reasonable costs and expenses to prove noncompliance with the noise or vibration requirements, including the tests to determine the noise or vibration levels. Such costs shall be paid within 30 days by the owner of the project after the final judgment. In the event the owner does not pay such costs within 30 days, the Township may pursue appropriate remedies at law or equity to recover such costs and expenses from the owner, including placing a municipal lien against the property upon which the project is located.

(16)

Water and sewerage.

(a)

The data center shall be served by a public sewage disposal system and a public water supply system. The use of the use of a closed-loop water circulation system for cooling equipment, recycled/repurposed wastewater, or other technology and systems to minimize the use of water is strongly encouraged.

(b)

The applicant shall provide documentation with the conditional use application from the applicable water or sewer service provider certifying that that the necessary capacity is available, and that service provider will serve the data center. Known impacts on water or sewer service rates or availability for other uses directly attributable to the data center project shall be noted.

(17)

Power supply.

(a)

The applicant shall provide documentation with the conditional use application prepared by a qualified professional detailing at a minimum the following:

[1]

The amount of power expected to be used by the data center and DCAUs, on average and at times of peak usage at maximum capacity upon completion of each data center building and at maximum capacity after full build-out of the data center property(s).

[2]

Power supply sources that will be utilized.

[3]

Energy storage capacity and type(s) of energy storage equipment or systems that will be utilized (if applicable).

[4]

Estimated impacts on electric rates or power availability for other uses directly attributable to the data center development.

[5]

The professional credentials, training, and experience of the person that prepared the documentation required herein.

(b)

If the applicant proposes to connect the data center to the electric grid, the applicant shall provide documentation with the conditional use application from the applicable electric service provider certifying that the necessary capacity is available, and that the electric service provider will serve the data center. Known impacts on electric rates or availability for other uses directly attributable to the data center project shall be noted.

(c)

Any energy generation system designed or used to supply power directly to a data center during normal operations, including solar, fossil fuel, or other energy generating systems, shall not be considered part of the data center use. Such systems shall be considered a separate use and shall be subject to the applicable standards of this chapter 350, all other applicable chapters of the Code of West Caln Township, and all applicable federal, state, and local regulations.

(d)

All new or upgraded power transmission lines serving a data center or DCAUse shall be designed and constructed to minimize visual impact on surrounding properties and public rights-of-way. The Township shall require the undergrounding of such lines where feasible and appropriate, at the applicant's expense. The applicant shall demonstrate that the proposed power transmission infrastructure will not place an undue burden on existing electrical supply infrastructure serving the community.

(e)

If the data center operator intends to use backup power generators, the operator shall maintain a public website announcing the times when the generators will be in operation. Any routine operation of the backup generators, including for testing purposes, shall be announced on the website at least 24 hours in advance. The operator shall also notify the Township at least 24 hours in advance of a test. Unless the generators are supplying backup electrical supply during a power outage, backup generators shall only operate between the hours of 9:00 am and 5:00 pm, Monday through Friday, excluding holidays. Upon request by the Township, the data center operator shall provide the address of the website where the notices required by this section are published.

(18)

Emergency management.

(a)

The applicant shall demonstrate that there is an adequate means of ingress and egress suitable for emergency access to the site. The Board of Supervisors may require additional means of ingress and egress to provide adequate emergency access.

(b)

The applicant shall ensure there is adequate radio coverage for emergency responders at and within the data center property(s) and within the interior of buildings, and shall install enhancement systems if needed to meet compliance.

(c)

A Knox-type box shall be installed on all access gates for emergency access by the Township Fire Company and other emergency responders.

(d)

The applicant shall submit with the conditional use application an Emergency Response Plan (ERP) prepared by a qualified professional. The ERP shall:

[1]

Be reviewed by the local fire department and emergency management services as part of the conditional use process;

[2]

Identify the location of all hydrants and other on-site and off-site firefighting equipment.

[3]

Identify all potential hazards and hazardous materials on the site and their locations.

[4]

Include contact information for facility representatives available 24 hours per day.

[5]

Include notification protocols for local emergency services, municipal officials, and regulatory agencies.

[6]

Include detailed procedures for fire suppression, containment, ventilation, and evacuation;

[7]

Include an evaluation of the access roads and hydrant locations within the site to ensure suitable access for emergency equipment within the site;

[8]

Ensure that all first responders receive adequate training specific to the installed system;

[9]

Include provisions for annual fire safety inspections demonstrating compliance with fire safety standards to be performed by a qualified professional on behalf of the data center.

(e)

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

(f)

No data center or DCAU shall be approved unless the applicant demonstrates that procedures for fire suppression, containment, ventilation, and evacuation are sufficiently protective of public health, safety and welfare. This analysis may be performed by an outside expert hired by the Township with costs to be reimbursed by the applicant.

(g)

Prior to the issuance of a Certificate of Occupancy, the applicant shall provide and fund specialized training, and is strongly encourage to provide and fund necessary equipment, for the Township's fire department and other relevant emergency responders regarding the unique hazards and operational characteristics of the data center and DCAU facilities. This training shall cover, but not be limited to, emergency shutdown procedures, hazardous materials handling (if applicable), access points, and specific fire suppression system operations. Ongoing training shall be provided by the data center owner or operator periodically thereafter as deemed necessary by the Board of Supervisors and authority(s) having jurisdiction to ensure continued preparedness.

(19)

Electronic and other waste. Documentation shall be provided with the conditional use application outlining procedures for safe removal and recycling or disposal of electronic waste and other waste including but not limited to, computers, computer servers, server infrastructure, batteries, hazardous substances, and related materials.

(20)

Decommissioning plan required. At the time of application, the operator shall submit a Decommissioning Plan prepared by a qualified professional. The plan shall outline the procedures for safe shutdown, removal of equipment, disposal or recycling of materials, and site restoration. The Township may require financial security (with related agreements) to be posted to cover the full cost of decommissioning and site restoration if not done in a timely fashion by the operator/owner of the data center.

§ 350-1142 Trucking terminal/distribution center/fulfillment center.

Minimum lot area: 10 acres.

Any entrance for trucks, loading/unloading area, principal structures, outdoor storage or truck parking area shall be a minimum of 150 feet from any residential lot line or residential zoning district boundary.

The use shall have its main access point(s) within two miles of at least one ramp of a limited access highway.

All tractor-trailer truck parking, principal structures, outdoor storage and/or loading/unloading areas that are visible from beyond the exterior lot lines of the use shall be screened by a 50-foot wide buffer yard, and a 50-foot buffer yard shall be required along the frontage of all streets. Such buffer yard shall meet the following conditions:

(1)

The buffer yard shall include a vegetated screening buffer. The screen buffer plantings are intended to form an impenetrable visual screen and shall include a variety of evergreen tree species to prevent monocultural planting. Trees used for screen buffers shall be comprised of 100% evergreen species.

(2)

Evergreen trees used in the screen planting shall be at least six feet high when planted and shall be of such species as will produce a dense visual screen at least 10 feet high within four years. Where the screen buffer planting requires more than 50 trees, no more than 1/3 of those trees shall be of a single variety. Deciduous canopy trees and/or flowering trees, and evergreen shrubs are encouraged to provide complete screening and visual appeal, in addition to the required evergreen trees. Shrubs shall have a minimum height of 36 inches when planted.

(3)

The buffer yard may overlap the required side or rear yards, and in case of conflict, the larger yard requirements shall apply.

Any tractor-trailer truck parking, outdoor storage and/or loading/unloading areas that are visible from and are within 150 feet of the exterior lot lines of the use shall be separated from such lot lines by an earthen berm. Such berm shall meet the following conditions:

(1)

Average a minimum of five feet in height above the adjacent average ground level (disregarding any drainage channel) on the outside of the berm.

(2)

Not have a single continuous height, but instead shall vary in height by one feet or two feet in places.

(3)

The top of the berm shall not have a width less than five feet.

(4)

Have a maximum side slope of three horizontal to one vertical.

(5)

Be covered by a properly maintained all-season natural ground cover, such as an appropriate grass.

(6)

Shall be located behind any required buffer screening.

The maximum height for such use shall be 50 feet.

The use shall include an appropriate system to contain and properly dispose of any fuel, grease, oils or similar pollutants that may spill or leak.

All facilities with gated entrances shall provide for an on-site queuing area for the stacking of a minimum of two tractor-trailers. Where gates, guard shacks or checkpoints are proposed at the entrance(s) to the facility, adequate queuing space shall be provided within the property boundaries to prevent stacking of vehicles on or along public streets.

The use shall provide off-street parking and loading in accordance with Article XIII. The parking and loading design shall provide adequate area and spaces for the parking and stacking of tractor-trailers that are awaiting entry to the loading/unloading area to prevent the backup of tractor-trailers and/or other vehicles onto a public street. No parking, loading/unloading, or stacking shall be permitted on or along any public road.

Vehicular access shall be so arranged as to minimize danger and congestion along adjoining roads and to avoid the creation of nuisances to nearby properties.

External building materials shall be of colors that are low-reflective, subtle, or earth tone. Fluorescent and metallic colors shall be prohibited as exterior wall colors.

LEED certification is strongly encouraged, as well as roof-mounted accessory solar energy facilities.

The applicant shall coordinate with the Chester County Emergency Services Center to ensure there is adequate radio coverage for emergency responders within the building based upon the existing coverage levels of the Chester County Emergency Services Public Safety Radio Communications System at the exterior of the building, and shall install enhancement systems if needed to meet compliance.

The use shall provide related facilities and amenities to provide for the comfort, convenience and safety of those engaged in the trucking distribution industry, such as rest lounges and areas, locker rooms and shower facilities, and similar amenities.

Mechanical scraper systems shall be installed at each truck exit drive for the purpose of removing snow, slush and ice from trailer and truck rooftops. During winter months, all trucks shall pass under these mechanical scrapers prior to exiting the warehouse facility.

A traffic impact study shall be prepared by a professional traffic engineer, in accordance with Chapter 300, Subdivision and Land Development. The traffic impact study shall also include a truck routing map identifying anticipated routes to and from the proposed facility to the Township boundary. The truck routing map shall be consistent with existing truck routing signage and trip distribution data presented in the traffic study, and shall identify any new proposed truck routes and necessary truck routing signage.

An environmental impact study shall be prepared in accordance with Chapter 300, Subdivision and Land Development. The analysis shall also include the following:

(1)

Air pollution impacts from vehicle operations, including from truck engines during idle time. The applicant shall identify all stationary and mobile sources of fine particulate matter (PM2.5), volatile organic compounds, and nitrogen oxides at the site. The applicant shall specify best management practices for preventing and reducing the concentration of air polluting emissions at the site. The owner or operator of the facility shall have anti-idling signs prominently posted in areas where 15 or more trucks may park or congregate.

(2)

The potential for public nuisance to local residents resulting from operations and truck traffic, including noise, glare, light, dust, odor, and visual obstacles.

§ 350-1143 Wholesaling or warehouse.

The maximum building height shall be 50 feet.

No storage of garbage (other than is routinely produced on site and awaiting regular collection) shall be permitted. The bulk storage of materials that are flammable, explosive, hazardous, or commonly recognized as offensive shall not be permitted.

Wholesaling or warehouse uses that would involve the entrance to the facility of an average of more than 50 tractor-trailer trips in any 24-hour period shall be required to meet the additional site development standards in § 350-1142 for a truck terminal/distribution center/fulfillment center. A trip shall be defined as one arrival at, or one departure from the facility.

When permitted as a conditional use, the applicant shall provide the following information:

(1)

A detailed description of the nature of the on-site activities and operations, the types of materials stored, the frequency of distribution and restocking, the duration period of storage of materials, and the methods for disposal of any surplus or damaged materials. In addition, the applicant shall furnish evidence that the disposal of materials will be accomplished in a manner that complies with local, state and federal regulations.

(2)

A detailed description of the scale of the operation, in terms of its market area, specific floor space requirements for each activity, the total number of employees on each shift, anticipated truck traffic, and an overall needed site size.

(3)

Credible evidence that the number and size off-street parking spaces provided for trucks will be adequate to accommodate the expected demand generated by the use.

(4)

A detailed description of any environmental impacts that are likely to be generated (e.g., odor, noise, smoke, emissions, dust, litter, glare, vibration, electrical disturbance, wastewater, stormwater, solid waste, etc.) and specific measures employed to mitigate or eliminate any negative impacts. The applicant shall further furnish evidence that the impacts generated by the proposed use fall within acceptable levels, as regulated by applicable laws and ordinance, including but not limited to those listed in § 350-1214.

(5)

The Board of Supervisors may require additional impact statements in accordance with Chapter 300, Subdivision and Land Development.

West Caln Township City Zoning Code

ARTICLE XI

§ 350-1100 Purpose.

§ 350-1101 Accessory uses, buildings, and structures.

§ 350-1102 Adult commercial uses.

§ 350-1103 Agricultural uses, CAOs, CAFOs, and mushroom production facilities.

§ 350-1104 Antenna (radio, television, microwave dish, and commercial communication).

§ 350-1105 Automobile or truck sales.

§ 350-1106 Bank and financial institution.

§ 350-1107 Bed-and-breakfast.

§ 350-1108 Cemetery.

§ 350-1109 Club or lodge.

§ 350-1110 Day-care center (commercial or nonprofit).

§ 350-1111 Drive-through service.

§ 350-1112 Educational use.

§ 350-1113 Funeral home.

§ 350-1114 Gasoline station, service station, or car wash.

§ 350-1115 Home occupation/home-based business (major and minor/no impact).

§ 350-1116 Hotel or motel and/or conference facility.

§ 350-1117 Individual professional, business, administrative, or medical office.

§ 350-1118 Industrial or office park.

§ 350-1119 Junkyard or salvage yard.

§ 350-1120 Kennel/animal shelter/veterinary clinic.

§ 350-1121 Landfill (sanitary) and hazardous waste.

§ 350-1122 Mixed use.

§ 350-1123 Mobile home park.

§ 350-1124 Multifamily development.

§ 350-1125 Nursing home/skilled nursing facility/long-term care facility, assisted living residence, personal care home, continuing care retirement community (CCRC).

§ 350-1126 Open space configuration, use, ownership, maintenance and protection.

§ 350-1127 Outdoor cafe.

§ 350-1128 Quarrying or mining operation.

§ 350-1129 Recreational use (outdoor and indoor).

§ 350-1130 Recycling center.

§ 350-1131 Religious use or place of worship.

§ 350-1132 Residential conversion.

§ 350-1133 Restaurant.

§ 350-1134 Riding academy and stables.

§ 350-1135 Self-storage units/mini-warehouse.

§ 350-1136 Shopping center.

§ 350-1137 Transfer station.

§ 350-1139 Accessory alternative energy systems (solar, wind, geothermal, outdoor wood-fired boilers, and emerging energy systems).

§ 350-1140 Age-restricted residential community.

§ 350-1141 Data centers and data center accessory uses (DCAUs).

§ 350-1142 Trucking terminal/distribution center/fulfillment center.

§ 350-1143 Wholesaling or warehouse.