West Caln Township, PA Zoning Ordinance

§ 350-1200 Applicability.

The provisions of this article represent certain regulations and standards that are common to all zoning districts. Unless stated, the following general regulations shall govern in all districts and apply to all uses, whether uses-by-right, conditional uses, or uses by special exception. In the event that the provisions of this article conflict with other provisions of this chapter, the most restrictive provisions shall apply.

§ 350-1201 Lot, yard, and height requirements.

Reduction of lot area. No lot shall be reduced through subdivision so that the area of the lot or the dimensions of the required yards and open spaces shall be smaller than the requirements herein prescribed.

Modification of front yard requirements. The front yard of a proposed building or structure in any district may be decreased in depth to the average alignment or setback of existing buildings within 100 feet on each side of the proposed building or structure, provided such calculation is limited to the same block. Such reduction may occur when the alignment of existing buildings is less than the front yard requirement for the applicable district. In no case shall said front yard encroach within the legal right-of- way of a street.

Projections into required yards. No building or structure or portion thereof shall be constructed within or shall project into any required yard in any district, except as follows:

(1)

Driveway, sidewalks, as specified in this article and § 350-1101, and signs, as specified in Article XIV. Certain fences and walls may be permitted within required yards but subject to regulations set forth in § 350-1101 and § 350-1205.

(2)

A pump, light standard, compressed air dispenser, water outlet, or similar installation of a gasoline service station, where permitted, may be placed within a required front yard, but in no case closer to a street line than 15 feet.

(3)

Arbors, open trellises, and flagpoles, except as provided in § 350-1203, below.

(4)

The front yard areas of all residential uses shall be maintained primarily as nonimpervious surfaces, covered by vegetation and/or mulching in order to minimize soil erosion, except that paved sidewalks may be provided across the width of the property and from the street to the residence, and a paved driveway and parking area up to 20 feet wide and an adjacent turnaround may be provided within the front yard area.

(5)

No projection shall obstruct pedestrian or vehicular circulation, visibility or access to buildings by emergency vehicles.

(6)

For commercial districts and uses, awnings or canopies shall not project more than four feet over a public walkway and the lower edge of such projecting structure shall be higher than eight feet above the ground level of such walkway. No portion of a projection shall be located closer than four feet from a curbline.

Corner lots. A front yard, as provided for in the lot area and bulk requirements for the district in which the lot is located, shall be required along each street on which a corner lot abuts. Other yards shall be as defined for corner lot in Article II. Accessory buildings shall be located behind the setback lines of both streets.

Reverse frontage lots. The minimum front yard setback shall be met along the street for which the United Stated Postal Service (USPS) mailing address is assigned. Accessory buildings shall be located behind the setback lines of both streets.

Minimum lot width. Each lot in any district shall have a width at the street line of not less than 60% of the required lot width at the building setback line.

Height restrictions. No building or structure shall exceed the height limitations of this chapter, except for church spires, steeples or belfries, cupolas or domes, monuments, observation towers, clock towers, ventilation fans, air-conditioning equipment, roof structures for elevator or stairwells, transmission towers, water towers, chimneys, smoke stacks, flagpoles, masts, barns, silos, stables for sheltering livestock, poultry, and farm products. Except as otherwise expressly permitted under this chapter, no building, structure or use shall exceed 85 feet in height, including but not necessarily limited to commercial communication facilities under § 350-1104B(3) and water supply towers under § 350-1210C. Any building or structure that is eligible for an exception to the height limitations under this § 350-1201 shall be subject to any applicable setback and other requirements of this chapter.

§ 350-1202 Federal, state, and county owned property.

Whenever federal, state, or county owned property is included in one or more zoning districts, it shall be subject to the provisions of this chapter to the extent permitted by the Constitution and laws of the United States of America and the Commonwealth of Pennsylvania.

§ 350-1203 Vision obstruction.

No obstructions to visibility at intersections shall be permitted. A clear sight triangle shall be maintained in accordance with the design standards set forth in Chapter 300, Subdivision and Land Development. No facilities, including but not limited to, a fence, sign, wall, arbor, open trellis, flagpole, utility pole, or other structure shall be erected, allowed, or maintained and no hedge, tree, shrub, or other planting shall be planted or allowed to exist that dangerously obstructs sight distance at street intersections, vision for through traffic at private streets, driveways, street intersections or along streets especially areas that have lower visibility, such as bends in the road or narrow portions of roadway.

§ 350-1204 Outdoor storage and display.

General requirements. The following shall apply for all uses in all districts, except as otherwise noted in this chapter:

(1)

Outdoor storage of products shall be screened from view of public rights-of-way and adjacent residential uses. Screening shall be in accordance with §§ 350-1205 and 350- 1206.

(2)

All organic refuse or garbage shall be stored in tight, vermin-proof containers. In multifamily developments of greater than 10 units, commercial uses, and industrial uses, garbage storage shall be centralized to expedite collection and enclosed on three sides by screening or plantings.

(3)

There shall be no outdoor storage or accumulation for a period in excess of seven days of any waste materials which produce fumes detectable at the lot lines, inflammable materials, edible materials, material which would be a harborage or breeding place for rodents or insects, or abandoned, wrecked, or junked vehicles.

(4)

The provisions of the Waste Disposal Ordinance of West Caln Township of 1983 and § 350-1210 shall also be applicable to this section, and shall override any storage or waste disposal circumstances otherwise permitted by this chapter.

(5)

No materials or wastes shall be deposited upon a lot in such form or manner that they may be transported off the lot by natural causes or forces, nor shall any substance which can contaminate a stream or watercourse, or otherwise render such stream or watercourse undesirable as a source of water supply or recreation, or which will destroy aquatic life, be allowed to enter any stream or watercourse.

(6)

Unless otherwise permitted by this chapter, no more than one vehicle without a license plate or proof of inspection shall be stored outside per lot for a period greater than three months. In addition, such vehicle shall be required to be screened by the use of vegetation, fencing, or a combination thereof.

(7)

The exterior storage of trucks and heavy machinery shall not be permitted on a permanent basis, and shall meet the applicable provisions of § 350-1101. Further, any such vehicle or trailer converted to a shed or storage area stored on a property shall not be used as a sign for a business, home occupations or home-based business, or for any other use.

(8)

No outdoor storage or display of merchandise, articles, materials, goods or equipment shall be permitted beyond the front lines of the building, within the required yard areas, street right-of-way, parking areas, sidewalks, or other areas intended for pedestrian or vehicular use, except in the case of a sidewalk sale, garage sale, flea market, or public auction, or for commercial, institutional, and industrial uses as per Subsection C, below.

(9)

Any hauling trailer that is immobile and placed on a footing shall be considered a shed and shall be considered an accessory use for all uses except residential in accordance with the provisions of § 350-1101.

Residential outdoor storage. The following shall apply for all residential uses except as otherwise noted in this chapter:

(1)

Major recreational equipment shall be parked or stored in a carport or enclosed building, or within a rear yard or side yard, and shall be located no closer to a property line than the required setback lines for accessory uses for the applicable use, provided however that such equipment may be parked anywhere on the lot for a period not to exceed 24 hours during loading and unloading. No such recreational equipment shall be used for dwelling purposes when parked or stored on a residential lot. Recreation vehicles or trailers shall also be in accordance with § 350-1101.

(2)

Storage of trailers when left in place and used as an extension to a building is not permitted in residential districts.

(3)

No storage shall be permitted within the front yard of any residential use or lot in a residential district.

(4)

No highly flammable or explosive liquids, solids, or gases shall be stored in bulk as defined by the International Fire Code, with the exception of propane and heating oil connected directly with and located and operated on the same lot as the energy devices or heating appliances they serve.

(5)

Outdoor storage of raw materials and/or finished products shall be permitted only within the buildable area of the lot within the required yard setbacks behind the front building line of the principal buildings, and shall not exceed six feet in height.

Industrial, institutional, and commercial outdoor storage. The following shall apply for all commercial, institutional, and industrial uses, except as otherwise noted in this chapter:

(1)

Outdoor storage facilities for fuel, raw materials and all such products shall be enclosed with an approved security/safety fence of adequate sufficient construction and compatible with the use, buildings, and landscaping on the lot. In addition to a fence, bulk storage tanks shall be enclosed by a berm to contain potential spillage.

(2)

No highly flammable or explosive liquids, solids, or gases shall be stored in bulk above ground, except the following which shall be meet the International Fire Code:

(a)

Tanks or drums of fuel connected directly with and located and operated on the same lot as the energy devices or heating appliances they serve.

(b)

Tanks or drums for storage of not more than 300 gallons of fuel, oil (other than that used for home heating), or gasoline or diesel fuel, provided such tanks are located no closer than 25 feet to any building or lot line or 50 feet from any street line.

Commercial and industrial uses requiring substantial amounts of land for outdoor storage or display. For all industrial and commercial uses and districts, storage of materials, equipment or vehicles, but not including parking and similar activities, shall generally be carried on within a building and shall meet the provisions of this section and other applicable regulations of this chapter, except that additional outdoor storage and display area for a permitted industrial or commercial use may be authorized where all of the following conditions are met:

(1)

The industrial or commercial use involved traditionally employs long-term outdoor storage including uses such as lumberyard, junkyard, nursery/greenhouse, and automobile retail sales.

(2)

Such storage is needed for the successful operation of the use, and the proposed site is suitable for outdoor storage.

(3)

The applicant can demonstrate that indoor storage is not practical.

(4)

The storage shall comply with all applicable setback requirements and shall cover only that percentage of total lot area that is deemed practical and feasible in the opinion of the Township Zoning Officer.

(5)

The storage area shall be screened from view from any residential district or use by buildings, walls or an effective screen, as required by § 350-1206, herein.

(6)

Any establishment which furnishes shopping carts as an adjunct to shopping shall provide definite areas within the building and parking area for storage of said carts. Each designated storage area shall be enclosed by a barrier at least as high as the height of the handles on a shopping cart, and shall be clearly marked for storage of shopping carts. All shopping carts shall be stored indoors, or otherwise secured during non-operating hours.

(7)

§ 350-1205 Fences, hedges and walls.

In no case shall a fence or wall exceed six feet in height, except in the case of a junkyard or salvage yard where the regulations set forth in § 350-1119 shall apply, and in the case of a principal solar energy facility where the regulations set forth in Article XIX shall apply, and in the case of a cell tower or other antennae provided for in § 350-1104 where the maximum height of a fence shall not exceed 12 feet in height. Additionally, a fence or wall may be permitted to be eight feet in height for municipal, commercial, industrial and institutional uses where such height is necessary due to safety and security concerns. Additionally, fences associated with municipal uses, in order to address safety and security concerns, may be permitted to be located within side yards and front yards, may be located forward of the facade of a municipal use building, may be designed to provide privacy and protection and shall not be required to strictly comply with this section, §§ 350-1101A or 350-1201C of this chapter.

No fence or wall shall be erected and no hedge, tree, shrub, or other vegetative growth shall be maintained within a street right-of-way or shall obstruct required sight distance vision at street intersections, public streets, private roads, or driveways, in accordance with the standards for the sight triangle, and the standards set forth in Chapter 300, Subdivision and Land Development.

Fences or walls shall not be located in any natural drainage areas, or located in drainage easements or drainage swales that are part of an approved stormwater management plan in accordance with the provisions set forth in Chapter 300, Subdivision and Land Development.

Post and rail fencing or similar non-opaque decorative fencing that does not restrict views into a property and that does not exceed four feet in height may be permitted in front yards consistent with § 350-1101A.

Fences and walls shall be designed to comply with applicable provisions of § 350-1101A including the required setback from lot lines. Fences and walls shall also be installed so that the decorative or architecturally-finished side of fences and walls face towards the abutting property.

No fences shall be permitted that may result in bodily injury, including, but not limited to, high voltage or barbed wire fencing.

Swimming pools shall be fenced in accordance with the provisions of§ 350-1101C(3).

Prior to the installation of any fence or wall, a zoning permit must be sought and approved by the West Caln Township Zoning Officer as set forth in § 350-1612, Zoning Use Approval of this chapter in order to insure compliance with all zoning ordinance regulations for fences and walls.

§ 350-1206 Buffering, screening, and landscaping.

Buffering and screening. The following standards are hereby established to create an acceptable transition between potentially incompatible land uses and reduce potential for conflict between them. Buffer areas shall be established and screened in accordance with the standards of this § 350-1206. Where buffering, screening, and landscaping standards specified in Article XI or in another section of this chapter conflict with the standards of this § 350-1206, the more restrictive standards shall apply.

(1)

Applicability. Buffer areas shall be located between potentially conflicting uses and shall be required in addition to the landscaping requirements of § 350-1206B. Buffering, consisting of the indicated Residential, Commercial, Industrial, or Intensive category of buffer, shall be required between the following uses:

(a)

Residential buffer. Any development consisting of 10 or more multifamily dwelling units, single-family attached dwelling units (townhouses), or mobile homes within or adjacent to any residentially zoned district or residential use, shall provide a residential buffer between such use and the residentially zoned district or residential use. A residential buffer shall also be required around a stormwater detention basin where it is adjacent to a residential or commercial use or district, or within a residential or commercial district. See Subsection A(2)(a), below.

(b)

Commercial buffer. Any commercial use or office use located within or adjacent to any residentially zoned district or residential use shall provide a commercial buffer between such use and the residentially zoned district or residential use. See Subsection A(2)(b), below.

(c)

Industrial buffer. Any industrial use or CAO, CAFO or mushroom production facility, except as noted in Subsection A(1)(d), below, located adjacent to any residentially zoned district or residential use shall provide an industrial buffer between such use and the residentially zoned district or residential use. See Subsection A(2)(c), below.

(d)

Intensive buffer. A junkyard, recycling center, mini-warehouse, transfer station, sanitary landfill, substation or other utilities, or similar land uses, as determined by the Board of Supervisors, shall provide an intensive buffer along the street lines and along all property lines. See Subsection A(2)(d), below.

(e)

Where residential developments propose streets with reverse frontage lots, the following buffer requirements shall be met along the rear yard lot line:

[1]

Where the rear lot line abuts a street with a functional classification of collector or primary distributor streets, a residential buffer shall be provided.

[2]

Where the rear lot line abuts a street with a functional classification of principal or minor arterial or abuts an expressway, a commercial buffer shall be provided.

(f)

Other uses determined to be potentially conflicting with adjacent uses shall provide the buffer category specified by the Board of Supervisors, upon recommendation by the Planning Commission.

(2)

Buffer class design standards. After determining the required buffer class, in accordance with Subsection A(1), above, the applicant shall select an appropriate planting option as listed below. Plantings are not required to be aligned on property or right-of-way boundaries, rather, the applicant is encouraged to site plantings as necessary to achieve the optimal screening level and blend into the surrounding landscape. Buffer areas shall be located within yard setbacks. Plant materials shall be selected from the plant materials list in Appendix C[1] and shall comply with Subsection C below. The minimum buffer planting requirements are as follows:

(a)

Residential buffer plantings.

[1]

One canopy tree per 40 feet, plus one evergreen per 30 feet of boundary; or

[2]

One canopy tree per 40 feet, plus one flowering tree per 60 feet, plus one evergreen per 60 feet of boundary.

[3]

The residential buffer area width shall be no less than 25 feet.

(b)

Commercial buffer plantings.

[1]

One evergreen per 20 feet, and one flowering tree per 60 feet of boundary.

[2]

The commercial buffer area width shall be no less than 35 feet.

(c)

Industrial buffer plantings.

[1]

One evergreen per 25 feet, plus one berm four feet high; or

[2]

Six foot high cedar or spruce fencing with one flowering or evergreen tree per 30 feet.

[3]

The industrial buffer area width shall be no less than 40 feet.

(d)

Intensive buffer plantings. In addition to any required fencing, as may be specified in Article XI, the following plantings shall be provided between the fence and street or property line:

[1]

One canopy or flowering tree at an average of one tree per 40 feet, plus one evergreen tree at an average of one tree per 20 feet; or

[2]

One canopy or flowering tree at an average of one tree per 40 feet, plus one shrub per eight feet.

[3]

The intensive buffer area width shall be the setback specified for the required fence for the individual use in Article XI, or 30 feet, whichever is greater.

[1]

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

(3)

General buffering and screening requirements.

(a)

Buffer areas shall be kept clean of all debris, rubbish, weeds, and tall grass.

(b)

Planting in the buffer area shall be installed and thereafter maintained in perpetuity by the property owner, lessee, or responsible party. Required buffer plantings shall not be removed without the prior approval of the Township. If such plantings are removed, become diseased, or die, the Township may require that they be replaced, in kind, at the expense of the property owner, lessee, or responsible party.

(c)

Vegetative screens, fencing, walls, and other structures as may be permitted within the buffer area shall be perpetually maintained.

(d)

Plant materials required within the buffer area shall be assured by a performance guarantee posted with the Township in an amount equal to the estimated cost of the plant materials, installation, and other associated costs. Such guarantee shall be released only after the passage of the second growing season following planting.

(e)

The buffer planting shall be so placed that, at maturity, vegetation extends not closer than three feet from any street right-of-way.

(f)

A clear sight triangle shall be maintained at all street intersections, driveways, and at all points where private accessways intersect private or public streets.

(g)

The species of trees used for screening below power lines shall be chosen based on the approximated mature height in order to avoid conflicts with overhead utilities. A list of street trees is included in Appendix C.[2]

[2]

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

(h)

No structures may be placed within the buffer area and no manufacturing or processing activity or storage of materials shall be permitted, except for the following:

[1]

Landscaped treatments, such as berms, fences or walls which aid in screening and do not conflict with the character of adjoining properties, including drainage, light, and air flow, or block clear sight distance required at intersections.

[2]

Structures relating to and used for landscaping, such as tree wells, tree guards, tree grates and retaining walls to preserve stands or specimens of existing trees or used for other functional purposes.

[3]

Roads which provide direct ingress/egress for the tract or lot, including appurtenant structures within road rights-of-way, such as curbs, sidewalks, signs, lighting or benches.

[4]

Underground utilities.

(i)

Mechanical equipment, dumpsters and trash storage units/areas, storage structures, loading docks, and similar facilities shall be fully screened from view from adjacent streets or residential districts or uses, through the use of fences and/or planting materials.

(j)

All existing vegetation within the required planting strip equal to or greater than three inches diameter at breast height (DBH) and/or eight feet in height shall be preserved wherever possible and shall be incorporated into the screening and landscaping plan.

(k)

The applicant is encouraged to install buffer plantings in naturalistic groupings rather than in linear strips, if a satisfactory buffer can be achieved.

(l)

Vegetative screening shall incorporate earthen mounds or berms, wherever necessary, to improve sound as well as visual buffering, and shall be broken at points of vehicular or pedestrian access. Where earthen works are required to provide effective screening, the specified elevation of the berm shall be that achieved after the earth has settled.

(m)

Plant materials used in the screen planting shall create a continuous visual screen in the buffer areas within three years of initial planting.

(n)

Screening design, including the type of plant materials to be used, spacing of plant materials, and the use and location of earthen berms, shall be subject to review and approval by the Board of Supervisors upon the recommendation of the Planning Commission and review by the Township Engineer.

(o)

Where buffering is required, a landscape plan shall be submitted consistent with the requirements of Subsection B, below.

Landscaping. Landscaping regulations shall be as follows:

(1)

Applicability. The following standards shall apply to proposed subdivisions and land developments except for individual lots occupied or intended to be occupied by single-family detached dwellings.

(2)

General requirements.

(a)

Any portion of a site which is not used for buildings, other structures, loading, and parking areas and aisles, sidewalks, and designated storage areas shall be left in its natural state or shall be landscaped in accordance with the provisions of a landscape plan as specified in Subsection B(3), below.

(b)

Landscaping, including street trees, planted buffers, parking lot landscaping, and all other required plantings, shall be in accordance with § 350-1206A, above, and all other applicable sections of this and other Township ordinances.

(c)

All mechanical and electrical equipment not enclosed in a structure shall be screened from view from any point in a manner compatible with the architectural and landscaping style of the remainder of the lot.

(d)

Any area of a former quarry or mining operation that is not covered by water shall be covered with a sufficient amount of arable topsoil and landscaped for screening, safety, and the prevention of erosion unless the slope of said area is too steep to accommodate landscaping, as determined by the Township Engineer.

(3)

Landscape plan. Landscaping shall be installed and maintained on areas identified in Subsection B(2), above, in accordance with a landscape plan prepared by a landscape architect or similarly qualified professional as approved by the Board of Supervisors. The landscape plan shall depict all proposed plantings as required within buffer areas in the form of a buffer planting area, and in other landscaped areas which relate to, complement, screen or accentuate buildings, roads, parking areas, sidewalks, walkways, sitting areas, service or maintenance structures, courtyards, and other site features.

(a)

General requirements of landscape plan. The Landscape plan shall be based on and reflect the following:

[1]

Respect for and incorporation of existing natural resources, existing topography, and existing vegetation.

[2]

The functional and aesthetic factors which relate to the tract and to the principal and accessory buildings and other structures.

[3]

Enhancing views from and within the tract.

[4]

Screening and complementing proposed buildings and other structures.

[5]

Creating visual interest for the users and/or residents of the proposed project.

[6]

Using native plant materials which are hardy and acclimated to the conditions at the tract and within the Township. Native plant materials are identified in Appendix C.[3]

[3]

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

[7]

The landscape plan shall include notes, diagrams, sketches, or other depictions to present the consideration and analysis of the following:

[a]

Site analysis. An analysis of the site in terms of the existing views to and from the areas which are proposed for development; existing natural resource, topography and vegetation conditions; soil conditions, annual precipitation, climate, and other existing conditions which are relevant to the site.

[b]

An analysis of proposed planting and other landscaping needs as related to screening views of buildings; screening buildings and sections of buildings; screening parking areas and other areas where vehicles are parked; screening storage areas; screening site utilities; and other appropriate types of screening.

[c]

Existing trees shall be preserved wherever possible. The protection of trees with a minimum diameter at breast height (DBH) of 12 inches shall be a factor in determining the location of buildings, open space, structures, underground utilities, walks and paved areas. At a minimum, trees shall be protected based on the criteria set forth in § 350-1002D(1)(b)[3]. Areas in which trees are to be preserved shall remain at original grade level and in an undisturbed condition.

(b)

Design criteria for landscape plans.

[1]

Planting shall be installed and maintained in the buffer areas, in accordance with the requirements set forth in § 350-1206A, above, to form a continuous visual buffer.

[2]

The outer perimeter of all parking areas shall be screened. Screening may be accomplished through the use of plant materials, fencing or walls, and/or mounding through the use of earthen berms.

[3]

Parking lots shall be landscaped as required in Subsection B(4), below.

[4]

Landscaping shall be provided in association with each principal building in accordance with the following criteria:

[a]

A combination of evergreen and deciduous trees and shrubs shall be used as "foundation" plantings or plantings to be installed in reasonably close proximity to the facades of each principal building.

[b]

Trees and shrubs shall be grouped in accordance with specific needs and objectives.

[5]

Other landscaping, including trees, shrubs, and groundcovers, shall be provided along walkways, in courtyards, around sitting areas, at the entrance to the site, and in other highly visible locations, especially on the outer side of any internal access roads which are visible from a public street which may adjoin a tract, at the entrance to buildings, and around structures used for service, storage or maintenance purposes.

[6]

Shrubs shall not be placed closer than five feet from any property line, and trees shall not be closer than 10 feet.

[7]

The location, type, size, height and other characteristics of landscaping shall be subject to the review by the Planning Commission and approval of the Board of Supervisors.

(4)

Off-street parking area landscaping requirements. The standards set forth below shall be required for any off-street parking facility with a capacity of five or more vehicles.

(a)

Off-street parking areas shall be landscaped to reduce wind and air turbulence, heat and noise, and the glare of automobile lights; to reduce the level of carbon dioxide; to provide shade; to improve stormwater drainage problems; to replenish the groundwater table; and to provide for a more attractive setting.

(b)

Existing healthy trees and native vegetation shall be preserved to the extent possible.

(c)

To the maximum extent possible, applicants shall incorporate stormwater best management practices into the required parking lot landscape areas, including but not limited to bioretention areas, vegetated swales, or other methods described in the PA DEP Stormwater Best Management Practices Manual and in accordance with Chapter 294, Stormwater Management.

(d)

Parking lot landscape areas shall be improved with soils and other necessary materials of a quality, depth and volume required to support the long term viability of the vegetation and the stormwater management function of the landscape area.

(e)

Interior parking lot landscaping.

[1]

All parking areas shall have a minimum of one canopy tree or flowering tree, as listed in Appendix C,[4] for every five parking spaces. This number shall include the trees required in the parking space islands and divider islands in this Subsection B(4). Shrubs, ground covers, and other plant materials shall be used within interior and perimeter parking lot areas to complement the required trees. Unless otherwise specified, shrubs shall be provided at a ratio of two shrubs for each tree.

[4]

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

[2]

Trees and shrubs shall be pruned to allow for safe sight distance, safe pedestrian access, and to maintain their structural soundness.

[3]

If a parking lot will include fewer than 20 parking spaces, the required trees, with complimentary vegetation, shall be dispersed throughout the interior parking area. A minimum vegetative area shall be provided that includes at least a four-foot minimum radius around all sides of the trunk of each required tree. The placement of such areas shall not obstruct the clear sight distance of parking lot aisles and accessways.

[4]

If a parking lot will include 20 or more parking spaces, landscaped parking space islands and divider islands shall be provided within parking areas as follows:

[a]

No more than 12 parking spaces shall be placed in a row without an intervening landscaped parking space island. Parking space islands shall be the length of the parking space and have a minimum width of 10 feet. Each 180 square feet of parking space island shall contain one tree along with complementary shrubs and/or groundcover. Such trees shall be selected from the canopy or flowering trees list in Appendix C.[5] To allow for safe sight distance, shrubs shall be a maximum of 36 inches in height.

[5]

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

[b]

A landscaped parking space island shall be placed at each end of each row of parking spaces beginning and/or terminating at an internal circulation drive. Such parking space island shall be the length of the parking space and have a minimum width of 10 feet. Each 180 square feet of parking space island shall contain one tree with complementary shrubs and/or groundcover. Such trees shall be selected from the street/urban trees list in Appendix C. To allow for safe sight distance, shrubs shall be a maximum of 36 inches in height.

[c]

A divider island shall be provided every 120 feet (or four rows of parking spaces and two aisles). Such divider island shall have a minimum width of 20 feet and shall run parallel to the parking rows. Two trees and four shrubs shall be provided per 50 linear feet of divider island, complemented by other plant materials such as tall grasses and/or other groundcover. To allow for safe sight distance, shrubs and grasses planted within eight feet of each end of a divider island shall be a maximum of 36 inches in height.

[5]

Parking space islands and divider islands shall meet the following additional standards:

[a]

Parking space islands and divider islands shall be enclosed by curbs or wheel stops. To the maximum extent possible, curb cuts and openings shall be provided to allow stormwater to enter the landscaped island.

[b]

Trees shall be spaced to accommodate proper canopy growth at full maturity.

[6]

One additional large landscaped area shall be provided per 250 parking spaces as follows:

[a]

Each landscape area shall be a minimum of 2,000 square feet in area.

[b]

Each landscape area shall contain a minimum of five trees, plus 10 shrubs, complemented by other plant materials such as tall grasses or groundcover.

[c]

Areas may be combined to form fewer, larger landscaped areas when approved by the Board of Supervisors.

(f)

Perimeter parking lot landscaping.

[1]

Perimeter plantings shall be provided around all parking areas and shall have a minimum width of five feet.

[2]

Where a parking lot abuts a public road, the following perimeter planting standards shall apply at the discretion of the Board of Supervisors:

[a]

A minimum of one canopy or flowering tree shall be provided for every 35 linear feet of parking area along the road frontage, net of the width of access ways.

[b]

Such trees shall comply with § 300-525C(3).

[c]

Such trees shall be planted along the entire length of the planting strip at intervals sufficient to enable proper canopy growth at full maturity.

[d]

In addition to the required trees, the perimeter planting strip shall be densely planted with shrubs and ground cover, adequately spaced to provide a continuous visual screen of parked vehicles. A minimum of 50% of the shrubs shall be evergreen.

[3]

Perimeter planting strips shall be protected by curbs, berms, or a similar defined edge. To the maximum extent possible, curb cuts and inlets shall be provided to allow stormwater to enter the planting strip.

Plant materials. Plant materials shall be as follows:

(1)

Trees and shrubs chosen to satisfy screening and landscaping requirements shall be selected from the plant materials list in Appendix C.[6] All plant materials, including groundcover, shall be from hardy and healthy stock, resistant to insects and disease, and pollution tolerant. The Board of Supervisors may permit other plant types if they are hardy to the area, are not subject to blight or disease, and are of the same general character and growth habit as those listed in Appendix C. The use of native plant species is strongly encouraged. Invasive species shall be prohibited and where present their eradication or management is strongly encouraged. Native and invasive species are identified in Appendix C. A variety of plant materials should be installed to promote biodiversity. All planting materials shall meet the standards of the American Standard for Nursery Stock by the American Nursery and Landscape Association (2014), or most-recent edition.

[6]

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

(2)

In addition to the requirements in Subsection C(1) above, plant materials chosen to satisfy parking lot landscaping requirements shall, to the extent possible, be tolerant of salt and deicing compounds, automobile emissions, and parking lot heat. Brittle-limbed trees and trees that drop fruits and berries should be avoided to the extent possible.

(3)

Any trees and shrubs which are selected to satisfy screening and landscaping requirement shall meet the following minimum standards for size at the time of planting:

(a)

Shrubs: 30 inches height from grade.

(b)

Trees: three-inch minimum diameter at breast height (DBH).

(4)

Where it is determined that, due to topography or other factors, the buffer classes prescribed in § 350-1206A, above, do not alone provide an adequate buffer between adjoining incompatible uses, the planting shall be placed upon a berm at a height of three to five feet to increase its effectiveness, as determined by the Board of Supervisors.

(5)

Existing plantings, woodlands, hedgerows, topography, or man-made structures can reduce or eliminate the buffering requirements if they partially or completely achieve the same level of screening as the planting requirements outlined in this section. This determination shall be made at the discretion of the Board of Supervisors, upon recommendation by the Planning Commission and review by the Township Engineer.

(6)

Existing trees within the required buffer area greater than three inches in caliper or greater than eight feet in height shall be preserved to the greatest extent possible. Such trees may be counted towards required plant materials, as determined by the Board of Supervisors, upon recommendation by the Planning Commission, and shall be preserved in accordance with the requirements set forth in § 350-1002D(1)(b)[3].

(7)

Plant materials chosen to satisfy screening and landscaping requirements or to supplement existing vegetation shall be preserved in accordance with the requirements set forth in § 350-1002D(1)(b)[3].

(8)

Trees and shrubs shall be typical of their species and variety, have normal growth habits; be well developed; and have densely foliated branches and vigorous, fibrous root systems.

(9)

Trees and shrubs shall be free from defects and injuries and certified by appropriate federal and state authorities to be free from diseases and insect infestations.

(10)

Trees and shrubs shall be freshly dug and nursery grown. They shall have been grown under climatic conditions similar to those in the locality of the project or properly acclimated to the conditions of the locality of the project.

§ 350-1207 Vehicular access and traffic control.

To minimize traffic congestion and hazards, control street access and encourage orderly development of street or highway frontage, the following regulations shall apply:

Lots abutting two or more streets. Unless clearly impractical or inappropriate due to physical conditions or traffic access management considerations, lots which abut two or more public streets shall have direct access only to the street of lesser functional classification.

Vehicular ingress and egress. The following shall apply for entering and exiting a lot or use:

(1)

Vehicular ingress and egress between any lot and an abutting street, for any use permitted in this chapter, shall be so located and so designed as to further the purposes of this chapter as set forth in Article I, herein.

(2)

Where any commercial district abuts an arterial or collector road, it is the intent of this chapter to strongly encourage the installation of a parallel service street, or the combination of off-street parking facilities for two or more lots. Points of access to such roads shall be spaced at safe intervals in accordance with this article and Chapter 300, Subdivision and Land Development.

(3)

Where any multifamily dwelling, mobile home park, shopping center, industrial park, or similar use has vehicular access to and from an arterial or collector road, all vehicular entrances and exits shall be provided with deceleration and acceleration lanes approved by the Township and the Pennsylvania Department of Transportation. In no event shall vehicles be permitted to back directly into the public street from an off-street parking area.

(4)

Where lots are created having frontage on an arterial or collector road, as designated on the Functional Classification of Roads map (Appendix A),[1] and as herein defined, any proposed residential development street pattern shall provide frontage to local streets within the subdivision, unless clearly impractical due to lot configuration or topography. Where the rear lot line of the residential development abuts a collector street, a residential buffer as provided in § 350-1206A, shall be provided. Where the rear lot line of the residential development abuts an arterial road, a commercial buffer as provided in § 350-1206A, shall be provided.

[1]

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

(5)

Location of ingress and egress. Ingress and egress for off-street parking shall be designed and arranged so that:

(a)

The edge of any driveway access onto a street shall be at least 40 feet from the nearest side of the paving radius at any street intersection, except for a cul-de-sac turnaround.

(b)

Each lot with not more than 100 feet of street frontage shall have no more than one accessway to such street, and no lot with 100 feet or more of street frontage shall have more than two accessways to any one street. If a lot with 100 feet or more of street frontage has more than one street frontage, a total of two points of access shall be allowed per street frontage if each access point is one-way only, or a total of two access points shall be permitted for such lot if each access point is two way A common access point for two or more uses shall be required, where practical, to minimize vehicular access points along streets other than local streets.

(c)

Provisions shall be made for safe and efficient ingress and egress to and from public streets without undue congestion or interference with normal traffic flow within the Township. Where applicable or if in the opinion of the Board there will be a substantial impact upon the flow of traffic, such as but necessarily limited to instances of commercial or institutional development or uses, traffic congestion, road configuration and classification, environmental constraints, where required by any Township Ordinance or other governmental body, the developer shall be responsible for preparing a traffic impact study, in accordance with Chapter 300, Subdivision and Land Development, which documents any necessary traffic control device and/or highway modifications required by the Township and/or the Pennsylvania Department of Transportation (PennDOT).

§ 350-1208 Interior circulation for uses.

Interior accessways, driveways for uses other than single family residences, aisles, and parking areas for uses requiring interior circulation patterns shall comply with the following requirements. Streets, driveways for single family residences, and alleys shall comply with the design standards of Chapter 300, Subdivision and Land Development.

Design of access aisles and drives.

(1)

Interior drives shall be designed to prevent blockage of vehicles entering or leaving the site. Drives may be one-way or two-way.

(2)

Areas designed for loading and unloading, refuse collection, fuel delivery, and other service vehicles shall be arranged as to prevent blocking or interfering with accessways or the use of automobile parking facilities or pedestrian ways, and shall have adequate turnaround surface so egress to the street is in a forward direction.

(3)

Egress in a reverse direction (backing up) onto any street in the Township shall be prohibited.

(4)

Accessways, parking areas, and loading or unloading areas shall have clearly defined parking bays and traffic circulation lanes, designated by markings, curbs, barriers and/or landscaped islands, so that operators of vehicles intending to patronize such parking areas shall not impede traffic as a result of any confusion as to location of entrances and exits and manner of reaching them, as follows.

(a)

To assist in traffic channelization, parking space islands shall be placed at the ends of each row of parking spaces so that the end of the row adjacent to a driving aisle or ring road is clearly delineated. Such islands shall be landscaped in accordance with § 350-1206B(4) and shall be designed so as not to impair visibility needed for traffic flow and turning movements.

(b)

Traffic channelizations shall be planned in such a way that a main driving aisle, from which vehicles can flow off the street and into the site and parking bays, is remote from the primary building(s) so as to avoid traffic conflicts in front of the primary building(s).

(c)

Parking areas shall be designed so that a vehicle within a parking area shall not have to enter a public street to move from one location to any other location within the parking area or lot. Turnaround surface shall be provided so egress to the street is in a forward direction.

(d)

Parking and loading requirements shall be in accordance with Article XIII.

(5)

All interior drives and accessways shall be paved with an approved paved, all-weather surface, and shall be graded, properly drained and maintained in a good condition.

(6)

Interior drives shall have a maximum grade of 6%, measured along the center line, for a distance of no less than 25 feet from the street right-of-way line. Beyond that point, interior roads and drives shall have a maximum grade of 10%.

(7)

Minimum width of interior circulation lane cartway with abutting parking shall be as follows:

Angle of Parking (degrees)	One Way Lane (feet)	Two Way Lane (feet)
90°	22	24
60°	18	20
45°	15	18

(8)

Minimum width of interior circulation lane cartway with no abutting parking shall be as follows:

Use	One Lane — One Way Drives (feet)	Two Lane — Two Way Drives (feet)
Residential	10	18
Commercial	12	22
Institutional	12	22
Industrial	14	25

(9)

Minimum entrance and exit drive widths shall be in accordance with the provisions of § 350-1305F(4).

Shared driveways. Common or shared access driveways to parking and loading areas shall be required, unless clearly infeasible. Landowners shall submit a site plan and agreement satisfactory to the Township indicating the extent of joint use and maintenance responsibility. Such agreement shall be recorded in the Office of the Recorder of Deeds for Chester County.

Emergency vehicle access. A proposed driveway or access road shall be designed to allow emergency vehicle access to within 100 feet of a principal structure. Where a principal structure is located more than 100 feet from the cartway or where an emergency vehicle would otherwise be prevented from reaching this minimum distance from the structure, the following requirements shall be met by the driveway to ensure access:

(1)

Minimum unobstructed width: 14 feet.

(2)

Minimum all-weather surface width: 10 feet.

(3)

Minimum curve radii: 35 feet.

(4)

Minimum overhead clearance: 12 feet.

Pedestrian and bicycle circulation. The following standards shall apply for all uses, as applicable:

(1)

Pedestrian and bicycle facilities such as sidewalks, trails, pathways, and bike racks shall be maintained or installed as necessary and desirable to achieve the following:

(a)

Logically continue, link or expand existing pedestrian and bicycle facilities on, across and abutting the site.

(b)

Provide pedestrian and bicycle access to existing or anticipated public transportation pick up points, public parks, community facilities and commercial areas.

(c)

Provide convenient and logical walkway connections between the entrances of a principal structure and its required parking spaces, preferably in conjunction with landscaped planting islands. A walkway shall be a minimum of five feet wide where it abuts the width of parking spaces where a vehicle may overhang the walkway. Alternatively, wheelstops shall be installed to prevent excessive vehicle overhang, in which case a walkway shall be a minimum of four feet.

(2)

Maximum separation of pedestrian, bicycle, and vehicular routes shall be encouraged for safety and well being of pedestrians and bicyclists. Separation can be in the form of any one or combination of the following: horizontal distance; vertical distance (level changes, such as overpass, underpasses and embankments); street trees, landscaping, sidewalks and other barriers, such as bollards and fences.

§ 350-1209 Outdoor lighting requirements.

Purpose. To require and set minimum standards for lighting in outdoor spaces to:

(1)

Provide for and control lighting in outdoor spaces where public health, safety, and welfare are potential concerns.

(2)

Protect drivers and pedestrians from the glare of non-vehicular light sources that shine into their eyes and thereby impair safe traverse.

(3)

Protect neighbors, the environment, and the night sky from nuisance glare and stray light from improperly selected, aimed, placed, applied, maintained, or shielded light sources.

(4)

Promote energy efficient lighting design and operation.

Applicability.

(1)

This § 350-1209 shall apply to all uses within the Township where there is lighting that creates or may create a nuisance or hazard as viewed from outside or from inside, including but not limited to, residential, commercial, industrial, recreational, and institutional uses, and sign, billboard, architectural, and landscape lighting.

(2)

Outdoor lighting shall be required for safety and personal security in areas of public assembly and traverse and for loading, ingress and egress, and parking areas for uses including, but not limited to, multifamily residential, commercial, industrial, and institutional uses.

(3)

The Board of Supervisors may require lighting be incorporated for other uses or locations, as they deem necessary.

Illumination levels¹. In any case, lighting intensities and uniformity ratios² shall be in accordance with the latest edition of the Illuminating Engineering Society of North America (IES) Lighting Handbook or current Recommended Practices of the IES.

(1)

Future amendments to said Lighting Handbook and Recommended Practices shall become part of this chapter without future action of the Township.

(2)

Examples of intensities for typical outdoor applications, as extracted from the 8th Edition of the Lighting Handbook, are included below:

Use/Task	Maintained Footcandles	Uniformity Avenue: Min.
Streets, local residential	0.4 average	6:1
Streets, local commercial	0.9 average	6:1
Parking, residential, multifamily
Low vehicular/pedestrian activity	0.2 minimum	4:1
Medium vehicular/pedestrian activity	0.6 minimum	4:1
Parking, industrial/commercial/institutional/municipal
High activity, e.g., regional shopping centers/fast food facilities, major athletic/civic/cultural/recreational events	0.9 minimum	4:1
Medium activity, e.g., community shopping centers, office parks, hospitals, commuter lots, cultural/civic/recreational events	0.6 minimum	4:1
Low activity, e.g., neighborhood shopping, industrial employee parking, schools, church parking	0.2 minimum	4:1
Walkways and bikeways	0.5 average	5:1
Building entrances	5.0 average	—

1	Illumination levels are maintained horizontal footcandles on the task, e.g. pavement or area surface.
2	Uniformity ratios dictate that average illuminance values shall not exceed minimum values by more than the product of the minimum value and the specified ratio, e.g., for commercial parking high activity, the average footcandles shall not be in excess of 3.6 [0.9 x 4].

Lighting fixture design.

(1)

Fixtures shall be of a type and design appropriate to the lighting application and appropriate to the nature of the development and surrounding area.

(2)

For lighting horizontal tasks such as, but not limited to roadways, pathways and parking areas, fixtures shall be aimed straight down and shall meet IESNA "full cutoff" criteria. Fixtures with an aggregate rated lamp output not exceeding 500 are exempt from the requirements of this paragraph.

(3)

For the lighting of non-horizontal tasks or surfaces such as, but not limited to, facades, landscaping, signs, billboards, fountains, displays, flags, and statuary, fixtures shall be shielded and shall be installed and aimed so as to not project their output into the windows of neighboring residences, adjacent uses, past the object being illuminated, skyward or onto a public roadway. Fixtures with an aggregate rated lamp output not exceeding 500 lumens are exempt from the requirements of this paragraph.

(4)

The use of floodlighting, spotlighting, wall-mounted fixtures, decorative globes and other fixtures not meeting IESNA "full cutoff" criteria shall be permitted only with the approval of the Board of Supervisors, based upon acceptable glare control.

(5)

Fixtures shall be equipped with or be capable of being back-fitted with light directing devices such as shields, visors or hoods when necessary to redirect offending light distribution.

Lamps. LED light sources shall have a correlated color temperature that does not exceed 3000K.

Control of nuisance lighting and disabling glare.

(1)

All lighting, whether or not required by this chapter; on private, residential, commercial, industrial, municipal, recreational or institutional property; shall be aimed, located, designed, fitted, and maintained so as not to present a hazard to drivers or pedestrians by impairing their ability to safely traverse, (disabling glare), and so as not to create a nuisance by projecting or reflecting objectionable light onto a neighboring use or property (nuisance glare).

(2)

Floodlights and spotlights, when permitted, shall be so installed or aimed that they do not project their output into the windows of neighboring residences, adjacent uses, directly skyward or onto a roadway.

(3)

Unless otherwise permitted by the Board of Supervisors for reasons such as safety and security, lighting shall be controlled by automatic switching devices, such as time clocks or combination motion detectors and photocells, to permit extinguishing offending sources between 10:00 p.m. and dawn to mitigate nuisance glare and sky-lighting consequences.

(4)

Where all-night safety or security lighting is to be provided, the lighting intensity levels shall not exceed 25% of the levels normally permitted by this chapter for the use, but in no case shall they be less than the minimum levels for safety or security as set forth by IESNA. The use of greater than 25% of the normal lighting for all-night safety/security lighting shall require approval by the Board of Supervisors, based on the unique nature of the use or elevated area crime or safety/security risk. Alternatively, where there is reduced but continued onsite activity throughout the night that requires site-wide even illumination, the use of dimming circuitry to lower illumination levels by at least 50% after 10:00 p.m. or after normal business hours, or the use of motion-sensor control, may be permitted.

(5)

Vegetation screens shall not be employed to serve as the primary means for controlling glare. Rather, glare control shall be achieved primarily through the use of such means as cutoff fixtures, shields and baffles, and appropriate application of fixture mounting height, wattage, aiming angle and fixture placement.

(6)

The intensity of illumination projected onto a residential use from another property shall not exceed 0.1 vertical footcandle, measured at 30 inches above the grade at the property line. The illumination projected from any property onto a non-residential use shall at no time exceed 1.0 vertical footcandle, measured at 30 inches above the grade at the property line.

(7)

Except as permitted for certain recreational lighting and permitted elsewhere in this paragraph, fixtures meeting IESNA "full cutoff" criteria shall not be mounted in excess of 20 feet above grade. Fixtures not meeting IESNA "full cutoff" criteria shall not be mounted in excess of 16 feet above grade except as specifically approved by the Board of Supervisors. Where proposed parking lots consist of 100 or more contiguous parking spaces, the Board of Supervisors may, at its sole discretion, based partially on mitigation of potential off-site impacts, allow a fixture mounting height not to exceed 25 feet. Mounting height shall be defined as the distance from the finished grade of the surface being illuminated to the optical center of the fixture.

(8)

Architectural lighting, including illumination of building facades and other architectural features, fountains, statuary, and landscaping, for decorative, advertising or aesthetic purposes is prohibited between 10:00 p.m. and dawn, except that such lighting situated on the premises of a commercial establishment may remain illuminated while the establishment is actually open for business, and until no more than 1/2 hour after closing.

(9)

Lighting for parking areas and vehicular and pedestrian traffic ways for commercial, industrial and institutional uses shall be automatically extinguished nightly within 1/2 hour of the close of the facility.

(10)

Only the United States and the state flag shall be permitted to be illuminated past 10:00 p.m. Flag lighting sources shall not exceed 7,000 aggregate lamp lumens per flagpole. Each flagpole shall be illuminated by a single source with a beam spread no greater than necessary to illuminate the flag.

(11)

Lighting fixtures used to light the area under outdoor canopies, including but not limited to those used at automotive fuel dispensing facilities, bank and fast-food drive-thru lanes, theater and hotel marques, and building entrances shall be flat-lens full-cutoff fixtures aimed straight down and shielded in such a manner that the lowest opaque edge of the fixture shall be below the light source and its light-directing surfaces, at all lateral angles around the fixture. The average maintained illumination in the area directly below the canopy shall not exceed 20 initial footcandles, with no value exceeding 30 initial footcandles.

Installation.

(1)

Electrical feeds for lighting standards shall be run underground, not overhead and shall be in accordance with the National Electric Code Handbook.

(2)

Lighting in parking areas shall be placed a minimum of five feet outside of the paved area, or on concrete foundations at least 30 inches high above the pavement, or suitably protected by other approved means.

(3)

Pole mounted lighting fixtures for lighting horizontal tasks shall be aimed straight down and poles shall be plumb.

(4)

Poles and brackets for supporting lighting fixtures shall be those specifically manufactured for that purpose and shall be designed and rated for the fixture and mounting accessory weights and wind loads involved.

(5)

Pole foundations shall be designed consistent with manufacturer's wind load requirements and local soil conditions involved and shall be approved by the Township Engineer.

(6)

Any employed shielding elements shall be permanently affixed to lighting fixture.

Maintenance. Lighting fixtures and ancillary equipment shall be maintained so as to always meet the requirements of this chapter.

Residential development fixture placement. Streetlighting fixtures in residential developments shall be placed at the following locations:

(1)

The intersection of public roads with entrance roads to the proposed development.

(2)

Intersections involving proposed public or non-public streets within the proposed development.

(3)

The apex of the curve of any street, public or non-public, within the proposed development, having less than 300-foot minimum center line radius.

(4)

Cul-de-sac bulb radii.

(5)

Terminal ends of center median islands having concrete-structure curbing, trees and/or other fixed objects not having breakaway design for speeds of 25 m.p.h. or greater.

(6)

Trail heads or cross walks associated with sidewalks, pathways, or trails.

Recreational uses. The nighttime illumination of outdoor recreational facilities for such sports as baseball, basketball, soccer, tennis, track and field, and football typically necessitate higher than permitted lighting fixture heights and aiming angles, utilize very high-wattage lamps and potentially produce unacceptable levels of light trespass and glare when located near residential properties. Permission to illuminate such facilities shall be granted only when the Township is satisfied that the health, safety and welfare rights of nearby property owners and the Township as a whole have been properly protected. When recreational uses are permitted by the Township for operation during hours of darkness, the following additional requirements shall apply:

(1)

Recreational uses such as golf driving ranges that necessitate the horizontal or near horizontal aiming of light fixtures and projection of illumination shall not be permitted to be artificially illuminated.

(2)

Recreational facilities located within a residential district or sited on a nonresidential property located within 1,000 feet of a property containing a residential use shall submit a visual impact analysis. Lighting shall be extinguished by 10:00 p.m.

(3)

Sporting events shall be timed to end at such time that all lighting in the sports facility, other than lighting for safe exit of patrons, shall be extinguished by 10:00 p.m., except in the occurrence of extra innings, overtime, or make-up games.

(4)

The Township reserves the right to limit the number of illuminated sporting events per week or season.

(5)

Maximum mounting heights for recreational lighting shall be in accordance with the following:

(a)

Basketball: 20 feet.

(b)

Football: 70 feet.

(c)

Soccer: 70 feet.

(d)

Lacrosse: 70 feet.

(e)

Little League baseball 200-foot radius: 60 feet.

(f)

Little League baseball 300-foot radius: 70 feet.

(g)

Miniature golf: 20 feet.

(h)

Swimming pool aprons: 20 feet.

(i)

Tennis: 20 feet.

(j)

Track: 20 feet.

(6)

To assist the Township in determining whether the potential impacts of proposed lighting have been suitably managed, applications for illuminating recreational facilities shall be accompanied by the lighting plan information required under Subsection M, below, and a visual impact plan in accordance with Subsection L, below.

Illumination of signs. The illumination of signs shall comply with the applicable standards of this § 350-1209 and Article XIV, Sign Regulations.

Visual impact plan. A visual impact plan shall be required for recreational uses in accordance with Subsection J, above, and when requested by the Board of Supervisors in accordance with Subsection M, below. The visual impact plan shall contain the following:

(1)

Plan views containing a layout of the recreational facility or use and showing pole locations and the location of residences on adjoining properties.

(2)

Elevations containing pole and light fixture mounting heights, horizontal and vertical aiming angles and fixture arrays for each pole location.

(3)

Elevations containing initial vertical illuminance plots at the boundary of the site, taken at a height of 5' line-of-sight.

(4)

Elevations containing initial vertical illuminance plots on the windowed facades of all residences facing and adjacent to the recreational facility or use. Such plots shall demonstrate compliance with the light trespass and glare control requirements of this § 350-1209.

(5)

Proposed frequency of use of the facility during hours of darkness on a month-by-month basis and proposed time when the sports lighting will be extinguished.

(6)

A narrative describing the measures proposed to achieve minimum off-site disturbance.

Lighting plan submission.

(1)

Lighting plans shall be submitted to the Township for review and approval and shall include:

(a)

A plan or plans of the site, complete with all structures, parking spaces, building entrances, traffic areas (both vehicular and pedestrian), existing and proposed trees, and adjacent uses that might be adversely impacted by the lighting. The lighting plan shall contain a layout of all proposed and existing light fixtures, including but not limited to area, architectural, building entrance, canopy, soffit, landscape, flag, sign, etc., by location, orientation, aiming direction, mounting height, lamp, photometry and type.

(b)

A 10-foot by 10-foot illuminance grid (point-by-point) plot of maintained horizontal footcandles overlaid on the site plan, plotted out to 0.0 footcandles, which demonstrates compliance with the light trespass, illuminance and uniformity requirements as set forth in this chapter or as otherwise required by the Township. When the scale of the plan, as determined by the Township, makes a 10-foot by 10-foot grid plot illegible, a more legible grid spacing may be permitted.

(c)

Light-loss factors, IES candela test-filename, BUG rating, initial lamp-lumen ratings and specific lamp manufacturer's lamp ordering nomenclature, used in calculating the plotted illuminance levels.

(d)

Description of the equipment, including fixture catalog cuts, photometrics, glare reduction devices, lamps, lamp color temperature, control devices, mounting heights, pole foundation details, pole protection means, and mounting methods proposed.

(e)

Landscaping plans shall contain light fixture locations, demonstrating that the site lighting and landscaping have been coordinated to minimize conflict between vegetation and intended light distribution, both initially and at vegetation maturity.

(2)

When requested by the Board of Supervisors, the applicant shall submit a visual impact plan in accordance with Subsection L, above, that demonstrates appropriate steps have been taken to mitigate on-site and off-site glare.

(3)

Post-approval alterations to lighting plans or intended substitutions for approved lighting equipment shall be submitted to the Township for review and approval. Requests for substitutions shall be accompanied by catalog cuts of the proposed equipment that demonstrate the proposed substitution is equal to or exceeds the optical quality and maintainability of the specified light fixtures, and by a lighting plan, including a point-by-point plot, which demonstrates that proposed substitutions will result in a lighting design that equals or exceeds the quality of the lighting on the approved plan.

Post installation inspection. The Township reserves the right to conduct a post-installation nighttime inspection to verify compliance with the requirements of this chapter, and if appropriate, to require remedial action at no expense to the Township.

Compliance monitoring.

(1)

Safety hazards.

(a)

If the Township determines that a lighting installation creates a safety or personal-security hazard, the person(s) responsible for the lighting shall be notified and required to take remedial action.

(b)

If appropriate corrective action has not been effected within five days of notification, the Township may exercise the remedies as provided in Article XVI to enforce compliance as long as the hazard continues to exist.

(2)

Nuisance glare and inadequate illumination levels.

(a)

When the Township determines that an installation produces unacceptable levels of nuisance glare, skyward light, excessive or insufficient illumination levels or otherwise varies from this chapter, the Township may cause notification of the person(s) responsible for the lighting and require appropriate remedial action.

(b)

If the infraction so warrants, the Township may act to have the problem corrected as in Subsection O(1)(b) above.

Nonconforming lighting. Any lighting fixture or lighting installation existing on the effective date of this chapter that does not conform with the requirements of this chapter, shall be considered as a lawful nonconformance and shall be made to conform with the requirements of this chapter when:

(1)

The nonconformance is deemed by the Board of Supervisors to create a safety hazard.

(2)

The nonconforming lighting fixture or lighting installation is replaced or relocated.

(3)

There is a change in use.

Streetlighting dedication.

(1)

When streetlighting is to be dedicated to the Township, the applicant shall be responsible for all costs involved in the lighting of streets and street intersections until the street is accepted for dedication.

(2)

Prior to dedication and in the event of the formation of a homeowners' association and/or property management declaration, the Township shall require said agency to enter into an agreement guaranteeing payment of all costs associated with dedicated streetlighting.

(3)

Assumption of costs of dedicated streetlighting. Upon dedication of public streets, the Township shall assess the homeowners' association, individual property owners, corporations, or other applicable entities as may be necessary to collect all revenues required that are directly or indirectly associated with all costs of each specific streetlighting fixture. These costs shall include:

(a)

Administration;

(b)

Collection;

(c)

Pro-ration of nonpayables;

(d)

Actual utility electrical charges;

(e)

Maintenance and maintenance contracts for fixtures and associated equipment.

§ 350-1210 Sewer, water, and utilities.

Utilities. Utilities shall be in accordance with the following:

(1)

The applicable lot area and bulk regulations of this chapter shall apply to any proposed building or extension used or to be used by a public utility corporation or entity, unless upon petition of such corporation or entity, the Pennsylvania Public Utility Commission (PUC) shall decide that the situation of the building in question is necessary for the welfare of the general public.

(2)

Utilities shall follow the requirements of Chapter 300, Subdivision and Land Development.

(3)

Appropriate easements shall be recorded for all utilities. In addition, appropriate easements shall be recorded for all off-lot sanitary sewer and stormwater facilities.

Sewage service. All uses shall be served by sewage facilities consistent with the policies and recommendations of the current Township Sewage Facilities (Act 537) Plan, as amended, and the requirements of Chapter 300, Subdivision and Land Development. Proposed sewage systems shall be reviewed and approved by the PaDEP and the Chester County Department of Health, as applicable.

Water supply. Proposed uses shall be consistent with the requirements of Chapter 300, Subdivision and Land Development, and the water service area boundaries shown in the agreement between the Township and the current Township water service provider. In no case shall the height of any water supply tank exceed 200 feet.

Stormwater management and erosion control. All uses shall meet the regulations of Chapter 300, Subdivision and Land Development, and applicable provisions of this and other Township ordinances, as well as federal, state and county provisions or requirements, to control stormwater runoff and mitigate sedimentation and erosion problems.

§ 350-1211 Stripping of topsoil and excavation of clay, sand, gravel, or rock.

Such activities shall be permitted only under the following conditions:

(1)

As a part of the construction or alteration of a building or the grading incidental thereto, including installation of utilities.

(2)

In connection with the construction or alteration of a street.

(3)

In connection with normal lawn preparation and maintenance.

(4)

In farming operations in those zoning districts where such use is permitted, provided sound soil conservation practices are observed.

Topsoil shall be considered part of the site or land development and shall not be removed from the site, except for surplus topsoil for roads, parking areas, and building excavations.

No topsoil shall be removed for purposes of resale. Any sale of topsoil shall constitute a change in land use of the property from which the material was excavated.

All excavations to determine the depth of topsoil, including test pits and holes shall be immediately capped, filled, or secured by other equally effective measures, so as to restore disturbed areas and to protect the public health and safety.

Stockpiled topsoil shall be planted with a stabilizing vegetative cover or covered with a temporary impervious surface so as to prevent erosion.

During construction, the development shall be maintained and left each day in a safe and sanitary manner. Any roads shall be regularly sprayed to control dust from construction activity. Following road construction, the developer or contractor shall conduct a thorough clean-up of stumps and other debris from the entire road right-of-way. If on-site disposal of the stumps and debris is proposed, the site shall be indicated on the plan, and shall be suitably covered with fill and topsoil, limed, fertilized, and seeded.

Topsoil removed by grading operations shall be redistributed and stabilized as quickly as possible following the completion of a project or project phase.

When construction has been completed, the development shall be rough graded in such a manner as to restore the land to contours harmonious with those of the surrounding terrain. Topsoil shall be redistributed as cover in final landscaping and shall be reapplied to provide a minimum cover of four inches for all disturbed land areas, which shall be reseeded and stabilized with vegetation growth native to the area within six months of reclamation. Additional topsoil or loam shall be obtained from off-site sources if necessary to complete the stabilization project.

Plans for land development shall be reviewed by the Township Engineer to assure that earthmoving and construction are done in such manner as to minimize silting, erosion, and to preserve topsoil.

§ 350-1212 Keeping of animals.

In any district, dogs, cats, fowl, rabbits, goats, sheep, cows, swine, ponies, horses, mules, donkeys, lamas, emus, and other animals of similar size, character and impact shall be kept only in accordance with the following standards in addition to the standards set forth in § 350-1134 where the use is specifically riding academies or stables. Customary household pets (e.g., dogs, cats, and other small animals customarily kept in the dwelling) shall be exempt from the acreage limitations of this section but shall comply with the general standards for keeping animals as applicable. The keeping of animal acreage limitations and general standards are as follows:

Permitted number of animals. A minimum of three acres shall be required to keep one large animal, including but not limited to: a horse, cow, beef cattle, lama, or other animal of similar size. A minimum of two acres shall be required to keep one small animal, including but not limited to: swine, sheep, emu, or other animal of similar size, or to keep poultry. Domesticated chickens kept for non-commercial purposes are separately regulated under Chapter 98 of the Township Code and allow for a reduced acreage. For each additional animal described below, additional acreage must be available in accordance with the following chart (Animals not referenced below, including but not limited to exotic animals shall be judged according to the requirement for animals of a similar size, as determined by the Zoning Officer):

Animal	Additional acreage required per Animal*
Horse	1.5
Cow	1.5
Beef Cattle	1.5
Swine	0.15
Sheep	0.30

*	beyond the initial two to three acres, as applicable.

General standards for keeping of animals.

(1)

No animals of any kind shall be kept in any structure or enclosure or elsewhere on a property which will result in unhealthy or unsanitary conditions for humans or animals or cause excessive noise, except noise typically associated with agricultural operations, objectionable odors, except odors in connection with agricultural operations, or pollution of groundwater or stormwater runoff to adjacent properties.

(2)

No person owning or having in his/her custody livestock or poultry shall permit the same to go at large to the injury or annoyance of others, nor shall such livestock or poultry be permitted to roam freely or unrestrained upon the streets or other public ways of the Township. Such action is hereby declared to be a nuisance and dangerous to the public health, welfare and safety.

(3)

All animals shall have appropriate and adequate facilities for food and water. Permanent shelter shall be provided for all animals not kept in the residence including dogs, rabbits, poultry, swine, and other domestic animals. Horses, cattle, sheep, and goats shall have loafing sheds, covered feeding areas, or other appropriate facilities.

(4)

A fenced or otherwise enclosed outside area shall be provided which is at the least the height of and is capable of containing the animals and is of sufficient size and located for good sanitation practices. Materials used for fencing shall be of sufficient sturdiness and properly designed, installed, and maintained so as to prevent straying.

(5)

The storage or stock-piling of manure or other odor or dust producing substance 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, on slopes adjacent to any ponds and streams, 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.

(6)

All grazing and pasture areas where animals are kept shall be fenced and consist of well-maintained grasses as not to promote erosion.

Specific shelter areas. Sheltered area(s) of sufficient size for good sanitation practices and adequate and sanitary drainage shall be provided according to the following minimum requirements:

(1)

A shelter area of 150 square feet shall be provided for each mature horse.

(2)

A shelter area of 100 square feet shall be provided for each pony, mule, donkey, cow or other livestock animal of similar size.

(3)

A shelter area of 75 square feet shall be provided for each swine or other livestock of a similar size.

(a)

Any permanent building placed or constructed on a property shall be designed to serve only that number of animals which is permitted in accordance with this section based on the available acreage.

(b)

All shelters shall have a roof and at least three enclosed sides and shall be designed in accordance with the setback and impervious coverage requirements of the associated district.

(c)

All permanent shelters shall be designed for ease of manure removal and handling.

§ 350-1213 Municipal and privately owned parks.

Parks and playgrounds owned by West Caln Township and nonprofit, privately owned parks shall be permitted in all districts.

§ 350-1214 Performance standards.

The following standards regulate the impact of uses upon other and adjacent uses in the Township and Township residents, and shall apply to applicable uses in all zoning districts.

Air quality: emission of dust, dirt, fumes, vapors, and gases.

(1)

The emission of dust, dirt, fly ash, fumes, vapors, or gases which can cause damage to human health, to animal, or vegetation or to other forms of property, or which can cause any soiling or staining of persons or property at any point beyond the lot lines of the use creating the emission is prohibited.

(2)

There shall be no emission of smoke, ash, dust, fumes, vapors, gases or other matter toxic or noxious to air which violates the Pennsylvania air pollution control laws, including the standards set forth in 25 Pa Code Chapter 123, Standards for Contaminants, Chapter 131, Ambient Air Quality Standards, and PaDEP rules and regulations.

(3)

Visible air contaminants shall comply with the PaDEP rules and regulations.

(4)

No user shall operate or maintain or be permitted to operate or maintain any equipment, or device which will discharge contaminants to the air of quality or quantity which will violate the limits prescribed herein and by the Pennsylvania air pollution control laws, unless the user shall install and maintain in conjunction therewith such control as will prevent the emission into the open air of any air contaminant in a quantity that will violate any provision of this chapter.

(5)

No user shall cause, allow, permit, or maintain any bonfire, junk fire, refuse fire, salvage operations fire, or any other open fire within the Township, except by Township permit.

(6)

The ambient air quality standards for the Commonwealth of Pennsylvania shall be the guide to the release of airborne toxic materials across lot lines.

(7)

Applicable federal regulations governing air quality shall be met.

Fire and explosion hazards.

(1)

The most restrictive of the following regulations shall apply:

(a)

All buildings and structures and activities within such buildings and structures shall follow applicable Township codes and ordinances.

(b)

Rules and regulations of the National Fire Protection Act shall be met, and proof of meeting these regulations shall be submitted to the Township upon subdivision or land development plan submittal.

(c)

All associated activities and all storage of flammable and explosive material shall:

[1]

Be provided with adequate safety devices against the hazard of fire and explosion, and adequate fire fighting and fire suppression equipment, and devices as detailed and specified by the laws of the Commonwealth of Pennsylvania.

[2]

Conform to the requirements of PaDEP rules and regulations, for storing, handling and use of explosives.

(2)

Details of the potential hazards and details of planned safety and accident response actions shall be provided by the applicant to the Township for review by the local fire company.

(3)

In the case of conditional uses and special exceptions, larger setbacks, additional buffer areas, fencing, or any other measure may be required by the Township if the nature of the proposed use as determined by the Township so requires.

Glare and heat.

(1)

All outdoor lighting shall comply the requirements of § 350-1209.

(2)

No direct or sky-reflected glare from high temperature processes, such as combustion or welding, or from other sources shall be visible beyond the lot line on which the activity is situated. These regulations shall not apply to signs or floodlighting of parking areas or surveillance, security, or safety lighting otherwise in compliance with § 350-1209 and § 350-1305.

(3)

No floodlighting, spotlights, or high-intensity lighting, except for surveillance, security, safety lighting shall be permitted in any residential district after 10:00 p.m. prevailing time.

(4)

There shall be no emission or transmission of heat or heated air discernible beyond the lot line on which the activity is situated.

Waste disposal. There shall be no discharge at any point into any public, community, or private sewerage system, stormwater management system, body of water, or watercourse, or into the ground, of any liquid or solid waste materials in such a way or of such a nature, as will contaminate or otherwise cause the emission of hazardous materials in violation of the laws of Township and PaDEP rules and regulations. Applications for any use which results in waste materials regulated by the state or federal government shall include a list of all such wastes and the method of temporary storage, handling and disposal.

Noise. Sound levels shall be maintained at a level that does not exceed the standards established by this Subsection E. C-weighted decibels (dB(C)) are included to address low-frequency sound emissions.

(1)

Equivalent Continuous Sound Level Limits (5-minute L_Aeq and L_Ceq). The sound levels (five-minute, A and C weighted equivalent continuous sound levels, L_Aeq and L_Ceq) as measured at any location on a receiving property, shall not exceed the limits in the following table, as measured with a Type 1 sound level meter, and measured according to ANSI/ASA S1.13-2020 and ANSI/ASA S12.18-1994 (R2009) methodologies (or the most recent revisions). Sound levels shall be measured by an acoustical engineer. Regardless of the zoning classification of the noise source, the noise emitted by any source shall not exceed the limits for any property and corresponding zoning classification onto which it propagates, except as exempted by subsection (3), below.

Equivalent Continuous Sound Level Limits (five-minute L_Aeq and L_Ceq)
Zoning District of Receiving Land Use	Day (7:00 a.m. to 9:00 p.m.)	Night 9:00 p.m. to 7:00 a.m., Sundays and Holidays
AP, SRR, RR, V, RC	50 dB(A)/60 dB(C)	45 dB(A)/55 dB(C)
MP	65 dB(A)	60 dB(A)

(2)

Maximum Sound Level Limits (Slow Response L_ASmax and L_CSmax). The Maximum Sound Levels (Slow Response, A and C weighted maxima) as measured at any location on a receiving property, shall not exceed the limits in the following table, as measured with a Type 1 sound level meter, and measured according to ANSI/ASA S1.13-2020 and ANSI/ASA S12.18-1994 (R2009) methodologies (or the most recent revisions). Sound levels shall be measured by an acoustical engineer. Regardless of the zoning classification of the noise source, the noise emitted by any source shall not exceed the limits for any property and corresponding zoning classification onto which it propagates, except as exempted by Subsection E(3), below.

Maximum Sound Level Limits (Slow Response L_ASmax and L_CSmax)
Zoning District of Receiving Land Use	Day (7:00 a.m. to 9:00 p.m.)	Night 9:00 p.m. to 7:00 a.m., Sundays and Holidays
AP, SRR, RR, V, RC	60 dB(A)/70 dB(C)	55 dB(A)/65 dB(C)
MP	75 dB(A)	70 dB(A)

(3)

The sound levels as named above, shall not apply to the following noise sources:

(a)

Sounds for emergency preparedness and response, or sounds created by emergency backup power supply during times of power outage; however, compliance with the sound limits specified herein shall be re-established within three hours of the cessation of such emergency event or restoration of power.

(b)

Work to provide, repair, or replace electricity, water or other public utilities involving public health or safety.

(c)

Normal and legally permitted residential activities customarily associated with residential use.

(d)

Domestic power tools.

(e)

Temporary activities involving construction and demolition activities.

(f)

Agriculture.

(g)

Motor vehicle operations on public streets. Such noise shall be regulated by Pennsylvania Transportation Regulations governing established sound levels.

(h)

Public celebrations or activities authorized by the Township.

(i)

The unamplified human voice.

Odor. No uses, except agricultural operations, shall emit odorous gases, or other odorous matter in such quantities to be offensive at any point on or beyond its lot lines. Any process which may involve the creation or emission of any odors shall be provided with a secondary safeguard system or shall make corrective arrangements in order that control will be maintained if the primary safeguard system should fail. Immediate corrective action shall be taken should either system fail.

Vibration. Except in agricultural operations, no source of mechanical vibration or acoustically induced vibration shall cause or induce vibration on any property (ground-borne vibration) or in any structure that exceeds the ISO Residential Day Vibration curve (defined as an amplitude in any one-third octave frequency band of 200 um/s).

Electrical, radio, and electromagnetic disturbance. There shall be no radio or electrical disturbance, except from domestic household appliances and agricultural operations, adversely affecting the operation of any equipment at any point other than equipment belonging to the creator of such disturbance. No use, activity, or process shall be conducted which produces electromagnetic interference with normal radio, television, or broadband reception, or other wired or wireless communication systems from off the lot on which the activity is conducted.

Radioactivity. There shall be no activities that emit dangerous levels of radioactivity at any point. No operation involving radiation hazards shall be conducted which violates state or federal statues, rules, regulations, and standards. In addition, any proposed use which incorporates the use of radioactive material, equipment or supplies, shall be in strict conformity with PaDEP rules and regulations, and rules, regulations, and standards of the U.S. Nuclear Regulatory Commission.

Electrical, diesel, gas or other power. All uses requiring power shall be operated so that the service lines, substation, or other structures and equipment shall conform to the most acceptable safety requirements recognized by the Pennsylvania Bureau of Labor and Industry, and shall be constructed to be an integral part of the buildings with which it is associated. If visible from adjacent residential lots, it shall be screened in accordance with § 350-1206.

Water use. All water requirements shall be reviewed and approved as required by the water service area agreement between the water authority which oversees the service area for the Township and the Township.

Ground and water contamination. No materials or wastes shall be deposited upon a lot in such form or manner that they may be transferred off the lot by natural causes or forces, nor shall any substance which can contaminate a water body or watercourse or otherwise render such water body or watercourse undesirable as a source of water supply or recreation, or which will destroy aquatic life, be allowed to enter any water body or watercourse.

General public health and safety. No use shall create any other objectionable condition in an adjoining area which will endanger public health and safety, or be detrimental to the proper use of the surrounding area.

West Caln Township City Zoning Code

ARTICLE XII

§ 350-1200 Applicability.

§ 350-1201 Lot, yard, and height requirements.

§ 350-1202 Federal, state, and county owned property.

§ 350-1203 Vision obstruction.

§ 350-1204 Outdoor storage and display.

§ 350-1205 Fences, hedges and walls.

§ 350-1206 Buffering, screening, and landscaping.

§ 350-1207 Vehicular access and traffic control.

§ 350-1208 Interior circulation for uses.

§ 350-1209 Outdoor lighting requirements.

§ 350-1210 Sewer, water, and utilities.

§ 350-1211 Stripping of topsoil and excavation of clay, sand, gravel, or rock.

§ 350-1212 Keeping of animals.

§ 350-1213 Municipal and privately owned parks.

§ 350-1214 Performance standards.