West Grove City Zoning Code
ARTICLE XVIII
Supplemental Uses
§ 400-81 Application.
This article establishes specific controls for uses which require special design considerations to achieve compatibility with the general character of the uses permitted within a zoning district. The following regulations shall apply to all zoning districts for which the particular use being regulated is permitted. The provisions of this article shall be in addition to the standards established by the applicable zoning district.
§ 400-82 Accessory use.
A.
General regulations. Accessory uses shall be in accordance with applicable sections of Article XVI and the following:
(1)
Incidental and subordinate to the principal use on the tract or lot and shall not constitute a single and separate use from the associated principal use.
(2)
Located on the same tract or lot as the associated principal use.
(3)
Maximum height shall be in accordance with the regulations set forth herein, unless otherwise expressly permitted by this chapter.
(4)
No truck bodies, travel trailers, recreational vehicles or similar items shall be used as accessory buildings or to house any accessory uses.
(5)
Where accessory uses include buildings or structures, such buildings or structures shall be securely anchored, and shall not pose a hazard to surrounding uses.
(6)
No accessory use shall constitute a nuisance by way of odor, noise, light, glare, or other means, or shall endanger the health, safety, or welfare of area residents and other uses.
(7)
Accessory use setbacks. Except as otherwise permitted by this chapter and as permitted in § 400-68C(4), accessory uses shall not be permitted within the required front yard and shall comply with the following regulations:
(a)
A minimum setback of not less than five feet from any right-of-way or property line shall be required for all accessory uses, unless otherwise specified by this chapter.
(b)
Alleys. Where accessory uses abut an alley, the accessory use shall not be located within the right-of-way of the alley.
(d)
Industrial uses. Accessory uses shall be set back a minimum of 20 feet from any lot line.
B.
Residential accessory uses.
(1)
Accessory uses permitted by right in every district include the following:
(3)
General regulations.
(a)
Permanent residency in travel trailers, tents, or recreational vehicles stored on a lot shall be prohibited.
(b)
Temporary or nightly outdoor parking or storage of commercial vehicles shall be limited to one vehicle per lot within the lot boundaries. There shall be a maximum of one such vehicle per lot, and such vehicle shall be owned or operated by the resident of the lot.
C.
Nonresidential accessory uses.
(1)
Accessory uses permitted by right include the following:
(a)
Driveways and off-street parking and loading in accordance with Article XVII and applicable sections of this chapter in the C-1, C-2, C-3, C-4 and LI Districts.
(c)
Accessory buildings, structures, or storage sheds.
(g)
Flagpoles.
(i)
Outdoor dining shall be permitted as an accessory use to a restaurant or similar use in accordance with § 400-98.
(j)
Crematory shall be permitted as an accessory use to a funeral parlor or undertaker's establishment.
(2)
Accessory uses permitted by conditional use when authorized by Borough Council and subject to the requirements of Article XX for specific uses or in specified zoning districts include the following:
(a)
Cafeteria solely for the use of employees, patients or students of the applicable use, or for official visitors to the use, but not open to the general public, including but not limited to educational use, place of worship, office, or other similar nonresidential use.
(b)
Child day-care center in accordance with § 400-87 shall be permitted as an accessory use for the use of employees patients, and students of the applicable use, or for official visitors to the use, but not open to the general public, including but not limited to educational use, place of worship, office, or other similar nonresidential use.
§ 400-83 Adult use.
B.
No such use shall be located in any zoning district except the (LI) Limited Industrial District.
C.
For the purposes of this section, spacing distances shall be measured in a straight line between the closest points of the listed uses, as follows:
(1)
From all property lines of the lot supporting any adult use.
(2)
From the outward line of boundary of all residential zoning districts or all property lines of a residential use.
(3)
From all property lines of any use listed in § 400-83A(2)(a) through (d).
D.
Sign messages shall be limited to verbal description of material on the premises.
E.
Sign messages may not include any graphic or pictorial depiction of material or services available on the premises.
F.
Messages which are visible or intended to be visible from outside the property, such as on or within doors, windows or exterior walls, shall not display materials, items, publications, pictures, films, or printed material available on the premises; or pictures, films or live presentations of persons performing or services offered on the premises.
G.
Any building or structure used and occupied as an adult-related use shall have an opaque covering over all windows or doors of any area in which materials, merchandise or film are exhibited or displayed, and no sale materials, merchandise or film shall be visible from outside of the building or structure.
H.
No materials or merchandise offered for sale, rent, lease, loan, or for view upon the premises, shall be exhibited or displayed outside a building or structure.
I.
Should any adult commercial use cease or discontinue operation for a period of 90 or more consecutive days, it shall not resume, nor may it be replaced by another adult commercial use unless said use complies with all the requirements of this section.
J.
Nothing in this chapter shall be deemed to allow any uses that are "obscene," as that term has been interpreted from time to time by the courts of the United States or the Commonwealth of Pennsylvania.
§ 400-84 Bed-and-breakfast.
A.
Bed-and-breakfast establishments shall be permitted as an accessory use when approved as a conditional use by Borough Council. A use and occupancy permit for a bed-and-breakfast establishment shall be required prior to the beginning operation of the use.
B.
Bed-and-breakfast establishments shall be conducted within a single-family detached dwelling only, which is the bona fide residence of the operator. The appearance of the dwelling shall not be altered in such a way as to detract from the residential character of the structure. The principal use of the structure shall remain that of a single-family dwelling.
C.
No more than two persons who are not residents of the property may be hired as an employee or retained as a volunteer to conduct the bed-and-breakfast establishment.
D.
No more than three guest rooms suitable to accommodate no more than six guests may be offered for bed-and-breakfast use upon a single property. Guest rooms shall not contain cooking facilities.
E.
At least one full bathroom, separate from the principal dwelling, including a toilet, lavatory, and bathtub and/or shower, shall be provided for each two guest rooms.
F.
No guest shall be accommodated for more than seven consecutive nights. The owner shall maintain a guest register and the register and all records shall be made available for inspection by the Zoning Officer upon request.
G.
No meals may be provided, except breakfast and/or afternoon refreshments, and any amenities associated with the residence, such as a swimming pool or hot tub, may be made available to registered guests.
H.
Proof of annual fire inspection by a certified agency shall be available at all times.
I.
In addition to the off-street parking spaces required for the residential use of the property, one off-street parking space shall be provided for each nonresident employee or volunteer, plus one additional space for each guest room.
J.
Permits and inspections.
(1)
The proposed use shall be certified by the Chester County Health Department or other regulatory authority having jurisdiction on the basis of an on-site inspection, or required improvements to the sewage system have been completed.
(2)
Upon compliance with all of the requirements of this section, other applicable codes and regulations, and in accordance with Article XX, the Borough Council may apply a condition that the Zoning Officer shall be authorized to periodically inspect the bed-and-breakfast use for a violation of any condition imposed by the Board, any misrepresentation of fact made to the Borough or Zoning Officer in conjunction with the conditional use, permit, review process, or violation of this section or any provision of this chapter.
(3)
Prior to an applicant establishing a bed-and-breakfast operation, the Zoning Officer shall issue a temporary use and occupancy permit. This permit shall be reviewed on an annual basis from the date it was issued until such time that the unit is removed. A fee, in an amount established by resolution of the Borough Council, shall be paid by the landowner or applicant upon each renewal of the temporary permit.
(4)
Upon nonrenewal or revocation of the use and occupancy permit for cause shown, the use of the premises as a bed-and-breakfast shall immediately cease, and continuation thereof shall subject the owner to the penalty provisions of this chapter and/or such other legal action as the Borough shall determine necessary.
§ 400-85 Cluster development option.
When authorized by Council as a conditional use, a residential subdivision and its individual lots and uses may be developed using the standards in this section instead of those in §§ 400-24 and 400-25 which relate to the same subject. Where this section does not provide a specific standard, the other standards and regulations of this chapter shall remain in effect and be applied to the development as well as the individual lots and uses. A subdivision developed pursuant to this section is referred to as "cluster development."
C.
Density and area and bulk requirements.
(1)
The overall density (i.e., the total number of acres in the tract to be developed minus the total area in public rights-of-way, utility easements, stormwater retention facilities and drainage easements, divided by the total number of dwelling units) of the cluster development shall be a minimum of 18,100 square feet per dwelling unit. A subdivided lot shall be provided for each dwelling unit.
(2)
Following are the minimum requirements for lot area and the placement of structures on lots:
(a)
Lot size: 16,000 square feet.
(b)
Lot width at building line: 100 feet.
(c)
Lot width at street line: 50 feet.
(d)
Building setback line: 35 feet.
(e)
Front yard: 35 feet in depth.
(f)
Side yards: each residential lot shall have two side yards with no side yard having less than 20 feet in depth and the aggregate depth of both side yards shall be a minimum of 45 feet.
(g)
Rear yard: 35 feet in depth.
(h)
Corner lot yards: each yard abutting a street shall be 35 feet in depth; the other yards shall be treated as side yards.
D.
Common open space. Shall be in accordance with § 400-108E(5).
E.
Design standards.
(1)
Each single-family detached dwelling within a cluster development shall have a minimum of 1,700 square feet of living area, three bedrooms, a full basement and a fully enclosed two car garage on the lot. For purposes of this regulation, "living area" shall not include garages, porches or basements, whether finished or not. However, any area counted as living area must be finished. "Finished" means that the area is floored, framed, all wall surfaces (e.g., dry wall) are complete and electric and heat are functional and comply with applicable building code requirements. A bedroom which is not finished may not be counted toward the minimum bedroom requirement.
(2)
All utilities shall be placed underground.
(3)
The conditional use application shall include a landscaping plan prepared by a registered landscape architect. This plan shall include model landscaping plans for the individual lots, as well as an overall design plan for required common open spaces and buffer areas. The developer shall provide any landscaping for individual lots according to the approved overall landscaping plan and individual lot models. Streetlights and all proposed signage shall be shown on the landscape plan. The plan shall also identify all significant stands of mature trees.
(4)
The requirements of § 400-74 of this chapter may be reduced only with respect to the minimum driveway location requirement for residential lots. Private driveways may be located not less than 40 feet from any intersection of two streets, which distance shall be measured from the nearest intersection of the street lines.
§ 400-86 Commercial mushroom manure operation.
A.
Commercial manure or compost wharf or areas used for the preparation of compost or manure for the purpose of selling it to others shall be permitted within the C-3 Zoning District.
B.
The minimum lot size shall be five acres.
C.
Such use shall be required to have a Mushroom Farm Environmental Management Plan approved by the Chester County Conservation District.
§ 400-87 Day care.
The following standards shall apply to all day care facilities (home occupations: home child day care, family child day-care home, group child day-care home) and child day-care center (commercial day care) where permitted by this chapter:
A.
Operators are responsible for obtaining and complying with all pertinent approval and license requirements from appropriate state, county, and other agencies including but not limited to the Pennsylvania Department of Human Services or Department of Aging, and compliance with applicable building, fire, UCC and other applicable code requirements. The applicant shall have received and hold all pertinent approvals and licenses and shall provide evidence thereof prior to issuing of a zoning permit by the Zoning Officer.
B.
The minimum lot size for any day-care facility shall be based upon fulfilling the requirements of this section, accommodating required off-street parking, and buffering/landscaping requirements, but in no case shall be less than the applicable minimum lot size of the zoning district in which the facility is located.
C.
Minimum indoor areas and outdoor play area requirements per child shall meet the most current Pennsylvania Department of Human Services requirements, and the applicant shall submit proof to the Borough, prior to the issuing of permits, that these requirements have been met. In addition, an outdoor recreation area, where applicable, shall be in accordance with the following:
(1)
The outdoor recreation area shall be located to the rear or side of the building and shall not include driveways, parking areas, land used for other purposes, or unsuited for active recreation due to natural conditions.
(2)
The outdoor recreation area shall be enclosed by a fence suitable to restrict attendees to the play area, and fencing shall be a minimum of five feet in height and meet all other applicable requirements of the UCC in conjunction with the Pennsylvania Department of Human Services.
(3)
The outdoor recreation shall be on the same lot as the principal structure and fully controlled by the operator of the facility.
(4)
Outside play shall be limited to the hours of daylight.
D.
Parking and dropoff area requirements for child day-care center (commercial day care).
(1)
Off-street parking shall be provided in accordance with Article XVII and shall be so designed to prevent interference with traffic flow on any adjacent roadways. In addition, appropriate areas designed specifically for temporary parking and dropping off of patrons may be provided in addition to and separate from off-street parking spaces in accordance with this section.
(2)
Dropoff areas shall be designed to eliminate the need for patrons to cross traffic lanes within or adjacent to the site and shall not be provided within parking aisles or lanes.
(3)
Dropoff areas shall be separate from required off-street parking spaces or aisles and shall be designated and maintained for the discharge and collection of attendees associated with the day-care use.
(4)
Dropoff areas shall be marked by appropriate signs, pavement markings, or text.
§ 400-88 Drive-through.
A.
Where permitted, drive-through service shall be an accessory use in conjunction with any restaurant, bank, or other similar commercial use that provides service to customers who remain in automobiles and are served through an exterior window in the establishment.
B.
A site circulation plan shall be developed that separates those patrons utilizing drive-through service from those patrons utilizing indoor facilities. The plan shall include the following information:
C.
Drive-through facilities shall have a dedicated area for conducting business, including a vehicle stacking lane, which shall accommodate a minimum of five vehicles waiting to utilize the drive-through service, and an area for departing vehicles which shall be situated to prevent vehicles from queuing onto adjoining roadways. The stacking lane shall not be used for parking lot circulation aisles or in any way conflict with parking or circulation. The stacking lane shall be separated from parking and interior aisles by a curb and/or median buffer, and shall be clearly marked to distinguish it from parking areas and traffic aisles.
D.
Exterior microphone/speaker system shall be arranged or screened to prevent objectionable noise impact on adjoining properties. Devices used to facilitate communication between the establishment and customers shall not be audible on adjacent residential properties, where applicable.
E.
The drive-through facility, including teller windows and intercom, and the driveway, shall be located along the side or rear faces of the associated use.
F.
A buffer yard/screen planting shall be maintained along all property lines abutting a residential use or district in accordance with this chapter and Chapter 350, Subdivision and Land Development.
G.
Trash receptacles shall be provided outside in conjunction with drive-through service for patron use located specifically so they may be accessed by persons in automobiles using the drive-through facilities.
H.
When this use is adjacent to or on the same lot as other commercial establishments, it shall use a common access with the other establishments and not have a separate entrance to the street, otherwise, the drive-through service shall not have a separate access from that of the associated use. See Figure 17-1.
Figure 17-1: Drive Through  |
§ 400-89 Educational use (public or private school).
The following standards shall apply to public and private schools:
A.
Minimum lot area: two acres.
B.
Minimum lot width: 100 feet.
C.
Maximum impervious surface coverage: 50%.
D.
Outdoor play areas shall be located in the rear or side yards at a minimum of 10 feet from side yards and rear property lines. Outdoor play areas shall be screened from adjacent uses in accordance with § 400-73.
E.
All proposed areas designated for the loading or unloading school buses shall be planned and arranged so they may be utilized without interfering with the interior traffic circulation and parking facilities.
F.
Accessory uses shall be permitted as follows. The following accessory support uses shall be permitted for any school only when specifically for the use of the students, guests, or employees of the facility:
(1)
Indoor and outdoor recreational facilities including but not limited to auditoriums, activity rooms, craft rooms, libraries, lounges, walking trails, tennis courts, pools, sitting area, picnic areas, and pavilions or shelters.
(2)
Kitchen and dining facilities.
(3)
Office or facilities that serve directly the facility, including but not limited to school medical offices or treatment centers, ATM machine, school counselors.
§ 400-90 Forestry/timber harvesting operations.
A.
Applicability. To encourage maintenance and management of forested or wooded open space and promote the conduct of forestry as a sound and economically viable use of forested land and forestry activities, including but not limited to timber harvesting, and to be in compliance with the Municipalities Planning Code,[1] forestry shall be a permitted use by right in all zoning districts. The following standards apply to all timber harvesting within the Borough where the value of trees, logs, or other timber products removed exceed $1,000. These provisions do not apply to the cutting of trees for the personal use of the landowner or for pre-commercial timber stand improvement.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B.
Purpose. In order to conserve forested open space and the environmental and economic benefits it provides, it is the policy of the Borough to encourage the owners of forestland to continue to use their land for forestry purposes, including the long-term production of timber, recreation, wildlife, and amenity values. The timber harvesting regulations contained in this section are intended to further this policy by promoting good forest stewardship, protecting the rights of adjoining property owners, minimizing the potential for adverse environmental impacts, and avoiding unreasonable and unnecessary restrictions on the right to practice forestry.
C.
Notification and preparation of a logging plan.
(1)
For all timber harvesting operations that are expected to exceed two acres, the landowner shall notify the Borough Zoning Officer a minimum of 10 business days before the operation commences and within five business days before the operation is complete. No timber harvesting shall occur until the notice has been provided. Notification shall be in writing and shall specify the land on which harvesting will occur, the expected size of the harvest area, and, as applicable, the anticipated starting or completion date of the operation.
(2)
Every landowner on whose land timber harvesting is to occur shall prepare a written logging plan in the form specified by this chapter. No timber harvesting shall occur until the plan has been prepared. The provisions of the plan shall be followed throughout the operation. The plan shall be available at the harvest site at all times during the operation and shall be provided to the Borough Zoning Officer upon request.
(3)
The landowner and the operator shall be jointly and severally responsible for complying with the terms of the logging plan.
(4)
The plan shall be reviewed and approved by the Chester County Conservation District.
D.
Contents of the logging plan. As a minimum, the logging plan shall include the following:
(1)
The design, construction, maintenance, and retirement of the access system, including haul roads, skid roads, skid trails, and landings.
(2)
The design, construction, and maintenance of water control measures and structures such as culverts, broad-based dips, filter strips, and water bars.
(3)
The design, construction, and maintenance of stream and wetland crossings.
(4)
The general location of the proposed operation in relation to municipal and state highways, including any accesses to those highways.
(5)
A sketch map or drawing containing the site location and boundaries, including both the boundaries of the Property on which the timber harvest will take place and the boundaries of the proposed harvest area within the property: significant topographic features related to potential environmental problems; location of all earth disturbance activities such as roads, landings, and water control measures and structures; location of all crossings of waters of the commonwealth; and the general location of the proposed operation to municipal and state highways, including any accesses to those highways.
(6)
Documentation of compliance with the requirements of all applicable state regulations, including but not limited to the following: erosion and sedimentation control regulation contained in Title 25 Pennsylvania Code, Chapter 102, promulgated pursuant to the Clean Streams Law (35 P.S. § 691.1 et seq.) and stream crossing and wetlands protection regulations contained in Title 25 Pennsylvania Code, Chapter 105, promulgated pursuant to the Dam Safety and Encroachments Act (32 P.S. § 693.1 et seq.).
(7)
Any permits required by state laws and regulations shall be attached to and become part of the logging plan. An erosion and sedimentation pollution control plan that satisfies the requirements of Title 25 Pennsylvania Code, Chapter 102, shall also satisfy the requirements for the logging plan and associated map specified above, provided all information required is included or attached.
E.
Forest practices. The following requirements shall apply to all timber harvesting operations in the Borough:
(1)
Felling or skidding on or across any public thoroughfare is prohibited without the express written consent of the Borough or the Pennsylvania Department of Transportation, whichever is responsible for maintenance of the thoroughfare.
(2)
No tops or slash shall be left within 25 feet of any public thoroughfare or private roadway providing access to adjoining residential property.
(3)
All tops and slash between 25 and 50 feet of any public roadway or private roadway providing access to adjoining residential property or within 50 feet of adjoining residential property shall be lopped to a maximum height of four feet above ground.
(4)
No tops or slash shall be left on or across the boundary of any property adjoining the operation without the consent of the owner thereof.
(5)
Litter resulting from a timber harvesting operation shall be removed from the site before the operator vacates it.
F.
Responsibility for road maintenance and repair; road bonding. Pursuant to Title 75 of the Pennsylvania Consolidated Statutes, Chapter 49, and Title 67 of the Pennsylvania Code, Chapter 189, the landowner and the operator shall be responsible for repairing any damage to Borough roads caused by traffic associated with the timber harvesting operation to the extent the damage is in excess of that caused by normal traffic, and may be required to furnish a bond to guarantee the repair of such damages.
G.
Enforcement. The Borough Zoning Officer shall be the enforcement officer for the standards set forth herein.
H.
Inspections. The Borough Zoning Officer may go upon the site of any timber harvesting operation before, during, or after active logging to review the logging plan or any other required documents for compliance with the standards and inspect the operation for compliance with the logging plan and other on-site requirements of these regulations.
I.
Violations notices; suspensions. Upon finding that a timber harvesting operation is in violation of any provision of these standards and regulations, the Borough Zoning Officer shall issue the operator and the landowner a written notice of violation describing each violation and specifying a date by which corrective action must be taken. The Borough Zoning Officer may order the immediate suspension of any operation upon finding that corrective action has not been taken by the date specified in a notice violation; the operation is proceeding without a logging plan; or the operation is causing immediate harm to the environment. Suspension orders shall be in writing, shall be issued to the operator and the owner, and shall remain in effect until, as determined by the Borough Zoning Officer, the operation is brought into compliance with the regulations herein or other applicable statutes or regulations. The landowner or the operator may appeal an order or decision of an enforcement officer within 30 days of issuance to the Zoning Hearing Board of the Borough.
J.
Penalties. Any landowner or operator who violates any provision of these regulations, refuses to allow the Borough Zoning Officer access to a harvest site pursuant to § 400-90H, or who fails to comply with a notice of violation or suspension order issued under § 400-90I, shall be subject to the enforcement remedies set forth in this chapter, in addition to any other remedy at law or in equity.
§ 400-91 Home occupation (no-impact home-based business).
A.
The following general regulations shall apply to all home occupations, except as otherwise permitted by § 400-91B(2) for intensive home occupations by conditional use:
(1)
The business activity shall be compatible with the residential use of the property and surrounding residential uses.
(2)
The use shall employ no employees other than the inhabitants residing in the dwelling. Such occupations shall be incidental and accessory to the use of the property as a residence.
(3)
There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.
(4)
There shall be no exterior indication of a business use, including but not limited to parking or lights.
(5)
The business activity may not use any equipment or process which creates noise, vibration, glare, fumes, odors or electrical interference, including interference with radio or television reception, which is detectable in the neighborhood.
(6)
The business activity may not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use in the neighborhood.
(7)
The business activity shall be conducted only within the dwelling and may not occupy greater than 25% of the habitable floor area.
(8)
The business may not involve any illegal activity.
(9)
Nonintensive home occupations shall have limited daily or regular customers, clients, or patrons, excluding permitted pupils and day-care children.
B.
Home occupation types shall include the following uses:
(1)
Nonintensive home occupations shall include, but not be limited to the following:
(a)
Offices including but not limited to insurance or real estate salesperson; manufacturer's or sales representative; telephone answering or telephone sales, excluding retail sales and/or warehousing of stock; general secretarial work; individual architect, engineer, planner, lawyer, or consultant; individual contracting or renovation consultant.
(b)
Dressmaking, tailoring, and sewing.
(c)
Teacher or tutor, limited to no more than four students at one time.
(d)
Painting, sculpting, and writing.
(e)
Home crafts, such as model making, rug weaving, woodworking, and cabinetmaking.
(f)
Computer programming and word processing.
(g)
Home child day care. Serving less than four children unrelated to homeowner in accordance with § 400-87.
(h)
All other home occupations deemed as nonintensive by the Zoning Officer.
(2)
Intensive home occupations shall be permitted by conditional use and shall include, but not be limited to, the following:
(d)
Other home occupations deemed as intensive by the Zoning Officer.
(e)
Off-street parking. One parking space shall be provided for each employee not residing within the dwelling and not more than two parking spaces shall be provided for guests or patrons. The maximum number of off-street parking spaces shall be limited to six parking spaces and shall not include the garage. The number of required spaces shall be determined by the conditional use application and process.
§ 400-92 Junkyard.
A.
There shall be a minimum setback of 20 feet from any lot line and the use shall be screened in accordance with § 400-73.
B.
The maximum lot coverage including storage, buildings, and structures shall not exceed 75%.
C.
In addition to buffers, landscaping and screening required by § 400-73, junkyards shall be protected and enclosed by continuous barricades or fencing that shall be a minimum of 90% opaque or solid, and a minimum of eight feet in height surrounding all areas on a lot used as a junkyard to deny access to the area at unauthorized times or locations.
D.
Access to the site of the junkyard and/or salvage yard shall be limited to those posted times when an attendant is on duty. In order to protect against indiscriminate and unauthorized activities, all access to the site shall be closed and locked to deny access to the area at unauthorized times or locations.
E.
Storage piles shall not exceed eight feet in height and no more than two adjoining rows of junked cars shall be stored together.
F.
There shall be provided a minimum of twelve-foot-wide accessways which shall be kept clear and free at all times to provide for access to all parts of the premises for firefighting and other safety or emergency purposes.
G.
Gasoline, oil, and other flammable or toxic substances shall be removed from any junk or other items stored on the premises. Such liquids shall be removed and disposed of in a proper manner and shall not be deposited on or into the ground.
H.
No junk or other material shall be burned on the premises.
I.
No garbage or other waste liable to give off a foul odor or attract vermin or insects shall be kept on the premises.
J.
All junk shall be kept a minimum of 200 feet from any stream or watercourse.
K.
All junk shall be stored or arranged to prevent accumulation of water in addition to controlling mosquito propagation.
L.
Stormwater planning.
(1)
A stormwater plan shall be submitted as part of any land development plan for a junkyard and the use shall allow reasonable inspection by the Borough at any reasonable time.
(2)
The stormwater plan and the drainage facilities of the premises shall be such as to prevent the accumulation of stagnant water on the site and include best management practices to address chemicals or pollutants that may adversely impact water quality.
M.
Tire storage piles shall be in accordance with 25 Pa. Code § 299.155-163.
O.
Junkyards shall comply with all other applicable Borough, state, or federal regulations and shall provide proof of compliance upon request of the Zoning Officer. Examples include Environmental Protection Agency (EPA), the Solid Waste Management Act,[2] the Clean Streams Law,[3] in terms of water runoff, and storage and/or disposal of hazardous materials.
P.
All tires of all trucks leaving the site shall be cleaned. All trucks leaving the site shall not deposit accumulating amounts of dirt, mud or other such substances on public roads. Runoff from the tire-cleaning area shall be controlled and disposed of in accordance with all pertinent local, county, state or federal standards.
Q.
The permittee shall allow inspection of the business premises by the Borough or its appointed representative at any reasonable time.
§ 400-93 Kennel.
A.
Minimum lot size shall be one acre with a minimum lot width of 100 feet.
C.
Each kennel shall have all outdoor exercise yards entirely fenced to prevent animals from leaving the property. Exercise yards shall be set back a minimum of 50 feet from front, side, and rear lot lines.
D.
Animals shall not be permitted to remain outdoors in exercise yards overnight and exercise yards shall predominantly be used between dawn and dusk prevailing time.
E.
Outdoor lighting of outdoor exercise yards shall be prohibited.
F.
The sale of related products shall remain accessory to the kennel, and shall occupy no more than 25% of the floor area of the principal building.
G.
All kennels shall be licensed by the Commonwealth of Pennsylvania, if and as required by the Pennsylvania Dog Law, Act 119 of 2008, Pennsylvania Statutes,[1] as it may be amended from time to time; kennels shall apply to all pertained provisions of the Dog Law and 7 Pa. Code § 21.21 et seq.
[1]
Editor's Note: See 3 P.S. § 459-101 et seq.
§ 400-94 Medical clinic.
A.
Uses within a medical clinic shall include but not be limited to administrative and professional offices, outpatient examination/treatment rooms, pharmacy, and other similar uses, in accordance with applicable sections of this chapter and shall be for the use and treatment of patients and their guests. The cumulative gross floor area of all such subordinate uses shall not occupy more than 30% of the cumulative gross floor area of the medical clinic.
§ 400-95 Mixed use.
Where a combination of uses, such as a dwelling above or to the rear of a nonresidential use, an office above a commercial use, or anywhere two or more uses are permitted within the same structure, is proposed upon a single lot or within a single building, each of those uses shall be required to meet the following criteria:
A.
Only those uses permitted in the district in which the mixed use is located shall be permitted. Where three or more dwelling units are created, the provisions of § 400-97 shall apply.
B.
A minimum of one improved, all-weather off-street parking space per bedroom of any residential use shall be provided and maintained for the exclusive use of the residents, otherwise, the off-street parking requirements of this chapter shall be met in accordance with Article XVII. Parking requirements shall be calculated for each use, but may be designed within a common or interconnected parking lot, or as otherwise provided by this chapter.
C.
Where a dwelling is proposed above or to the rear of a nonresidential use, the following requirements shall apply:
(1)
Separate kitchen and bathroom facilities shall be provided per unit. All applicable Borough Building Code[1] and Chester County Health Department regulations and permit requirements regarding the installation of these facilities shall be met and indicated on all plans. Approval from all applicable agencies is necessary prior to issuance of a building permit by the Borough. Trash receptacles shall be screened so as not to be visible from the street or abutting properties except on scheduled days for trash pickup.
(2)
Each dwelling unit shall contain a minimum of 850 square feet of living area.
(3)
Primary access to a dwelling shall not be from the nonresidential use. Each dwelling unit shall have either direct access to the outdoors or to a common area that has direct access to the outdoors.
(4)
Site and floor plans for the dwelling unit(s) shall be included with the application for such use, including both exterior and interior building alterations for an existing building, if applicable, and the location of fire exits and fire escapes in accordance with building and fire code requirements.
§ 400-96 Mobile (manufactured) home park.
The following requirements shall apply to mobile (manufactured) home parks:
A.
A mobile (manufactured) home park shall be developed and approved in accordance with regulations as set forth herein and in accordance with Chapter 350, Subdivision and Land Development.
C.
Maximum gross density: five mobile homes/acre.
§ 400-97 Multifamily use (townhouse/ conversion/apartment building).
C.
Multifamily apartment building containing three or more units.
(1)
Area and bulk requirements.
(a)
Mixed use. Where developed as a mixed use with dwelling units on the second or higher floors, area and bulk requirements shall be in accordance with the applicable underlying first floor use in the district in which the use is located.
(b)
Single use (multifamily apartment building).
[1]
The required front yard shall meet the front yard requirements for single-family detached dwellings in the zoning district in which the multifamily use is located.
[2]
Required side yards shall be not less than 10 feet but shall otherwise meet the minimum side yard requirements for single-family detached dwellings in the zoning district in which the multifamily use is located,
[3]
Rear yard requirements shall be not less than 30 feet but shall otherwise meet the minimum side yard requirements for single-family detached dwellings in the zoning district in which the multifamily use is located.
(2)
Multifamily units shall not be located in a below-ground basement where the exterior grade is more than half the height of the exterior wall unless there is a minimum of one exterior wall where the multifamily unit is at or above grade with the ground outside.
(3)
Pedestrian access from building entrances shall be connected to existing public sidewalks at the perimeters of the lot where applicable.
(5)
Separate kitchen and bathroom facilities shall be provided per unit. All applicable Borough Building Code and Chester County Health Department regulations and permits requirements regarding the installation of these facilities shall be met and indicated on all plans. Approval from all applicable agencies is necessary prior to issuance of a building permit by the Borough.
(6)
Each dwelling unit shall contain a minimum of 850 square feet of living area.
(7)
Where there is condominium ownership of the dwelling units, a homeowners' association document shall be submitted and approved by the Borough in accordance with § 400-108E(5).
(8)
Trash receptacles shall be screened so as not to be visible from the street or abutting properties in accordance with § 400-73 except on scheduled days for trash pickup.
(9)
Single-use (not mixed use) multifamily apartment buildings shall be in accordance with the following regulations:
(a)
The maximum length of a multifamily building shall be 150 feet.
(b)
Where more than one building is proposed, multifamily buildings are encouraged to be located along a grid street pattern with open space, walkways, and/or alleyways between buildings.
(c)
Dwelling units shall be set back a minimum of 15 feet from common parking areas; however, common parking areas assigned to a particular multifamily unit shall not be more than 200 feet from the building in which the unit is located.
(d)
Sidewalks shall be provided from entrances to dwelling unit to parking facilities, recreation or open space areas, refuse collection points, and public sidewalks along any public street within or adjacent to the tract on which the multifamily use is located.
(11)
All single use (not mixed use) multifamily developments shall have a minimum of 10% of the land reserved for recreation areas which shall comply with the following:
(a)
Recreation areas shall be free of obstructions, including watercourses, floodplains, steep slopes, and wetlands.
(b)
Such an area shall be contiguous and shall be set back a minimum of 10 feet from any residential uses or residential accessory uses.
(c)
Maintenance of this area shall be the responsibility of the landowner, or homeowners' or condominium owners' association.
(d)
This area shall not be located within or be included in calculating the required buffer area or setback areas, but shall be included in calculating the maximum density permitted.
(e)
This area shall be substantially free of structures, except those designed for recreational purposes (such as playground equipment), and shall be usable to the residents of the associated multifamily use.
(f)
This area shall be located and designed so as to be easily accessible by residents of the multifamily dwelling development.
(g)
When an area designed for recreation abuts a collector street, per the Borough Comprehensive Plan, it shall be fenced, provided with an earthen berm, a landscaped screen, or combination thereof, that physically separates it from the street.
(h)
Failure to maintain any recreational areas shall constitute a violation of this chapter and shall be actionable by the Borough.
§ 400-98 Outdoor dining.
See Figure 17-2.
A.
Applicability.
(1)
It shall be unlawful for any person to erect, construct or maintain an eating establishment having an outside service and seating area without first applying for and securing a permit therefor as hereinafter provided.
(2)
Any person who shall desire to open an eating establishment having an outside service and seating area in the Borough shall make application therefor (the applicant) in writing to the Zoning Officer. Such application shall be accompanied by a certificate of general public liability insurance in an amount not less than $500,000 per single occurrence and such application fee as required by a schedule of fees established by and amended from time to time by resolution of Borough Council. Such application shall be made upon forms provided by the Borough and shall set forth and include the following:
(a)
The name and address of the applicant.
(b)
A plan drawn to scale specifying the precise location of the outside service and seating area of the eating establishment, including a calculation of the proposed occupant load and the number of tables and chairs.
(c)
The written consent of the property owner, if different than the applicant.
(d)
An agreement of indemnity as required by this section.
(e)
The indoor seating capacity and occupant load of the eating establishment.
(f)
A copy of the license issued by the Chester County Health Department to the applicant permitting the service of food and beverages.
(g)
Such other information as may be required by the Zoning Officer from time to time.
(3)
No action shall be taken on any application for a permit under this subsection until the application has been completed in its entirety and the application fee, as required by a schedule of fees established and amended from time to time by resolution of Borough Council, has been paid in full. The schedule of fees shall be kept at the Borough Office. There shall be no proration of fees under this subsection.
(4)
The applicant/property owner shall well and truly save, indemnify, defend and keep harmless the Borough of West Grove, its officers, employees and agents from and against any and all actions, suits, demands, payments, costs and charges for and by reason of the existence of the eating establishment and all damages to persons or property resulting from or in any manner caused by the presence, location, use, operation, installation, maintenance, replacement or removal of such restaurant-cafe or by the acts or omissions of the employees or agents of the applicant in connection with such eating establishment.
B.
Outdoor dining areas shall be associated with a principal use of a restaurant or other similar use and shall be located abutting that building in which the principal use is located, and on the same lot as the principal use.
C.
A minimum pedestrian walkway of 54 inches clear is to be maintained in front of the eating establishment.
D.
The minimum height of umbrellas which project into the required minimum pedestrian walkway shall be 80 inches.
E.
Advertising displayed on umbrellas or tables which are located on the sidewalk directly abutting or adjacent to the eating establishment shall not be permitted.
F.
There shall be no advertising in conjunction with the outdoor dining area aside from the approved signs for the associated use in accordance with Article XIX, Signs.
G.
There shall be no temporary signs or banners permitted outside of the eating establishment.
H.
If the eating establishment provides on-street parking in front of the premises, tables at the curbline are prohibited. If the eating establishment does not provide on-street parking in front of the premises, tables are permitted at the curbline, provided that a barrier is erected which is approved by the Borough Zoning Officer in accordance with § 400-98A(2). The outdoor dining area shall, at all times, be separated from all parking areas by a barrier approved by the Borough Zoning Officer.
I.
Tables which are placed on the sidewalk directly abutting or adjacent to the eating establishment shall not exceed 13 square feet in area.
J.
All tables, chairs, umbrellas, and other furnishings shall be temporary in nature so as to be easily moved or removed during winter months when outdoor dining is not in operation, severe weather, for emergency purposes, or other occurrence as warranted by the Borough. However, all furnishings shall be weighted or of a substantial nature so as not to be blown off the property by strong winds and to ensure the safety and convenience of patrons.
K.
Railings, fences, planters, and other enclosures shall not be greater than 42 inches in height and shall be anchored, weighted, connected, or constructed so as to prevent them from being easily moved.
L.
The eating establishment may utilize disposable plates and utensils.
M.
The owner of the eating establishment is responsible for keeping the pedestrian walkway and seating area in front of the premises clean and free of trash and debris.
N.
Owners of the eating establishment must stop serving customers on or before 10:00 p.m. prevailing time and clear all tables of food, beverages, and customers on or before 11:00 p.m. prevailing time.
O.
Owners of the eating establishment must provide table service.
P.
The eating establishment may serve beverages in disposable cups.
Q.
The owner shall maintain the eating establishment in accordance with all Borough ordinances and state and federal laws, as well as rules and regulations promulgated and adopted by the Borough which pertain to this use of eating establishments.
R.
The owner shall remove the outdoor portion of the eating establishment within 30 days after written notice if the Borough or the Zoning Officer determines that the eating establishment is detrimental to the health, safety and general welfare of the Borough or its citizens because of one or more of the following conditions has occurred:
(1)
Due to pedestrian traffic changes, the eating establishment narrows the sidewalk to the extent that pedestrian traffic is impeded.
(2)
The eating establishment interferes with the maintenance or installation of an underground utility structure.
(3)
The eating establishment is no longer being used as such.
(4)
The eating establishment has been temporarily or permanently closed for violation of any Borough, state or federal law and/or regulation.
(5)
The eating establishment is operated in violation of an ordinance, rule, or regulation of the Borough of West Grove.
S.
In the event that the owner fails to remove the eating establishment within 30 days after written notice, the Borough may proceed to remove and restore the area and charge the owner for the cost thereof. Should an eating establishment be removed by the Borough, the owner shall be entitled to a return of the equipment, furnishings or appurtenances so removed only after the payment of all costs due to the Borough an by requesting the return in writing. The responsibility for removal under the provisions of this subsection shall be the sole responsibility of the owner without any obligation or cost assessed against the Borough.
Figure 17-2: Outdoor Dining  |
§ 400-99 Parking structure.
See Figure 17-3.
A.
Accessory parking structures. Where permitted as an accessory use on the same lot as the principal structure, the following shall apply:
(1)
Accessory parking structures shall not be permitted at the ground level facing a public street, except for entrances or exits as provided below. Entrances to and the facade of the associated principal structure shall predominate along public road frontages. Access to parking structures from lower-functioning streets or alleys is encouraged.
(2)
Exit and entrances to accessory parking structures on a public street along the front building facade shall not exceed a total of 30 feet in width.
B.
Height requirements.
(1)
Accessory parking structures on the same lot or on an adjacent lot and attached to the associated principal use and structure shall not exceed the height of the principal structure.
(2)
Where a parking structure is the principal use on a lot or an accessory use not on the same lot and not attached to the associated principal structure (off site): the maximum building height permitted in the zoning district in which the use shall be permitted.
C.
Where a parking structure is an accessory use, a parking structure may accommodate some or all of the parking spaces for the associated use or uses. It shall be the responsibility of the associated use to fulfill all of its required parking through the use of the parking structure and/or other available off-street parking methods as permitted by this chapter. Where a parking structure is a principal use, it may provide as many spaces as may be constructed in accordance with the applicable area and bulk requirements and design standards.
D.
Where a parking structure is constructed as an accessory use to more than one use or in a mixed use development to meet required off-street parking requirements, an agreement documenting how different users can maintain full required parking capacity shall be approved by the Borough.
E.
Parking structures may contain retail or commercial space along the entire length of each first-floor facade which faces a street, providing all off-street parking requirements are met.
F.
Considerations for review of parking structures include but are not limited to the following:
(1)
Functional requirements such as appropriate turning radius and future trends such as electric vehicles utilizing recharging facilities and bicycle parking, appropriate ventilation and lighting, internal circulation, and exit/entrance planning in relation to traffic flow and impact on public streets.
(2)
Structural requirements, including but not limited to the ability of the structure to withstand environmental conditions (wind, snow, rain), expansion and contraction, manage drainage through floor slope and surface type, and stormwater management.
(3)
Safety and security, including but not limited to safety for pedestrians, handicapped accessibility, safety of movement for pedestrians and automobiles, air quality (ventilation), lighting (efficiency and safety, interior and exterior), security devices (cameras, emergency call access), cleanliness.
(4)
Signs and wayfinding measures, including but not limited to color coding, visual cues, appropriate and clear directional signs, pedestrian access and direction, exit and entrance signs, traffic control and traffic flow/direction signs, and lighting/visibility.
(5)
Aesthetic features, including but not limited to integrating with the architectural features of the surrounding buildings, maintaining or improving the street front through similar sidewalk conditions as adjacent uses, through providing storefronts at street level, facade treatments, or elements such as benches, streetlights, and other similar items to create a pleasant pedestrian experience, using landscaping and changes in architectural treatments to enhance the facade along a street, breaking down the scale of parking structures by implementing varied facade elements, pilasters, materials, and using elevator cores and stairwells as design elements to break up the horizontal and vertical surface of the structure.
(6)
Environmental impact and features, including but not limited to landscaping, use of solar panels integrated into the design for shading vehicles on the top floor and as other elements in the structure's design, using green roofs and the use rain gardens, dry wells, and other best management practices to mitigate stormwater.
Figure 17-3: Parking Structure  *Photo credit: Hamilton Form Company, LLC |
G.
Parking structures shall be designed to be compatible with the architecture of the attached structure or adjacent buildings, as applicable, and in accordance with the following:
(1)
On facades that front on public streets, facade design and screening shall mask the interior ramps and create the illusion of horizontality and shall minimize blank facades through architectural detail.
(2)
Accessory parking structures.
(a)
When located on the same lot and/or attached to the associated principal structure or use for which off-street parking is required, the design of the exterior of the accessory parking structure shall be compatible with the exterior design of the principal structure. Building materials used for the accessory parking structure shall be the same as those used on the principal structure. Where the accessory parking structure is attached to the principal structure, the facade treatment of the principal structure shall be extended onto the parking structures.
(b)
When not located on the same lot and/or not attached to the associated principal structure or use for which off-street parking is required, the design of the exterior of the accessory parking structure shall be compatible with the exterior design of the associated principal structure, so that the accessory parking structure is clearly identified with the associated principal structure.
(3)
When a parking structure is the principal use, all facades that are visible from a public street or sidewalk shall be complementary to nearby commercial facades in terms of building materials and architectural design.
(4)
Exterior finish materials of parking structures shall be of an enduring quality. Stucco, concrete block and simulated wood products may not be used as primary exterior finish materials. Vehicular entrances to parking structures should be designed using residential or neighborhood commercial architectural treatments such as recesses, peaked roof forms and arches with the intention of minimizing the appearance of a parking structure. The use of chains, bars, or similar security devices that are visible from a street shall be prohibited.
(5)
Any portion of a ground-floor facade where parking spaces are visible from the public right-of-way shall require a decorative fence and landscaping or a knee wall to screen parking spaces. Such fence or knee wall shall be a minimum of four feet in height. See Figure 17-4.
Figure 17-4: Parking Structure Screening  *Figure Source: Tredyffrin Township, PA, Zoning Ordinance |
(6)
For parking structures with rooftop open-air parking, a five-foot parapet wall is required for screening.
(7)
A vehicular clear sight zone shall be included at vehicular exit areas as follows: See Figure 17-5.
(a)
The facade of vehicular exit areas shall be set back from any pedestrian walkway along that facade a minimum of eight feet for the portion of the facade that includes the vehicle exit area and eight feet on each side of the exit opening.
(b)
A sight triangle shall be defined by drawing a line from the edge of the vehicular exit area to a point on the property line abutting the pedestrian walkway eight feet to the side of the exit lane.
(c)
In the sight triangle (bound by the parking structure wall, pedestrian walkway and vehicular exit lane), ground cover, landscape, or decorative wall shall be used to act as a buffer between the exit aisle and the pedestrian walkway. Landscape or a decorative wall shall not exceed three feet in height in order to maintain driver sight lines to the pedestrian walkway.
(d)
The upper story facade(s) of the parking structure may overhang the vehicular clear sight zone.
Figure 17-5: Clear Sight Zone  *Figure Source: Tredyffrin Township, PA, Zoning Ordinance |
§ 400-100 Place of worship.
The following uses shall be permitted accessory uses to a place of worship and shall be conducted upon the same lot:
§ 400-101 Private swimming pool.
A.
All permanent swimming pools over 24 inches in depth, hereafter constructed, installed, established or maintained, shall be enclosed by a permanent fence of durable material a minimum of four feet but not more than six feet in height, and shall be constructed so as not to have openings, mesh or gaps larger than four square inches in any direction. If a picket fence is erected or maintained, the horizontal dimension shall not exceed four inches. All gates used in conjunction with the fence shall meet the same specifications as to the fence itself and shall be equipped with approved locking devices and shall be locked at all times when the swimming pool is not in use.
B.
Hot tubs, whirlpool baths and tubs, and jacuzzi-type tubs or baths shall not be considered swimming pools if located outdoors or designed to be located outdoors, and are provided with permanent outdoor water plumbing and a lockable cover.
C.
A dwelling unit or an accessory building may be used as part of such enclosure. However, height requirements for a fence shall not apply to the building.
D.
The provisions regulating fencing shall not apply to pools having sides extending four feet above grade, provided that the stairs, or other means of access to the pool, are removed or locked in such a position as to make it readily inaccessible when not in use.
E.
All materials used in the construction of pools shall be waterproofed and so designed and constructed as to facilitate emptying and cleaning and shall be maintained and operating in such a manner as to be clean and sanitary at all times.
F.
Water may not be discharged from a swimming pool directly onto adjacent properties or rights-of-way, or into the public sanitary sewer system.
G.
Enclosed indoor pools must comply with applicable regulations pertaining to accessory structures.
H.
Outdoor lighting, if any, shall be shielded and/or reflected away from adjoining properties so that no beam of light, only diffused or reflected light, enter adjoining properties.
§ 400-102 Rail freight terminal.
A.
Where a rail yard is located on a lot which is adjacent to a residential district or use, all structures, storage of materials, and associated activities shall be set back 100 feet from the district boundary or use and screened in accordance with § 400-73.
B.
The maximum lot coverage including storage, buildings, and structures shall not exceed 80%.
C.
Any area where material is stored outside shall be enclosed by a 90% solid or opaque screen accomplished through a combination of earthen berms, fencing and/or vegetative screening in accordance with § 400-73.
D.
Storage piles shall not exceed eight feet in height.
§ 400-103 Animals and animal shelter.
In any district, up to four domesticated animals over six months in age may be kept as pets provided that any shelter is located in the rear yard a minimum of 10 feet from any lot line and not less than 50 feet from any dwelling other than that of their owner. Exercise areas shall be enclosed and located in the rear yard a minimum of 10 feet from any lot line, except where an approved fence is present that fully encloses the exercise area.
§ 400-104 Residential conversion.
Within the R-4 District, the conversion of an existing single-family dwelling into a multifamily dwelling may be permitted by conditional use in addition to the following requirements:
A.
A single-family detached dwelling existing at the effective date of this chapter may be converted from one dwelling unit into not more than three dwelling units.
B.
Each dwelling unit shall contain a minimum of 850 square feet of living area.
C.
The building and lot shall meet or exceed the required minimum area and bulk requirements specified for single-family detached dwellings in the district in which it is located.
D.
Separate kitchen and bathroom facilities shall be provided per unit. All applicable Borough Building Code and Chester County Health Department regulations and permits requirements regarding the installation of these facilities shall be met and indicated on all plans. Approval from all applicable agencies is necessary prior to issuance of a building permit by the Borough.
E.
A floor plan shall be included with any application for a residential conversion indicating interior modifications to the building.
F.
There shall be no external alteration of the building, except as may be necessary for reasons of safety and access.
G.
The structure shall maintain the facade and appearance of a detached dwelling with a single front entrance. The dwelling units may share the single front entrance.
H.
Additional entrances, when required, shall be placed on the side or rear of the building. Exterior stairways and fire escapes shall be located on the rear wall in preference to either side wall, and in no case be located on a front or side wall facing a street.
J.
Parking. A minimum of one all-weather off-street parking space shall be required for each additional bedroom created as part of the residential conversion. All parking areas shall meet the following standards:
(1)
Flexibility in location and construction of required parking. Off-street parking may, in some cases, be the only factor restricting conversion. Where physically possible, all spaces should be provided off-street. Where it is judged by Borough Council to be undesirable to provide all required spaces off street and where on-street parking is permitted, all or part of the required spaces may be met through on-street parking where approved. In computing the amount of on-street spaces available, 22 feet of usable lot frontage along a public street where parking is permitted may be counted as one parking space.
(2)
All off-street parking spaces shall have unrestricted ingress and egress to the street.
(3)
All newly constructed driveways and parking spaces shall be set back a minimum of five feet from all property lines and shall meet all size and other requirements of this chapter.
(4)
Every effort shall be made to locate parking spaces in the rear or side yards. Front yard parking spaces are strongly discouraged. If the front yard must be used, in no case shall more than 25% of the front yard be used for parking spaces or driveways.
(5)
There shall be not more than one access point to the parking area.
(6)
The development plan required to be filed by the applicant should clearly set forth and label the total number of parking spaces required and the number and area that will be placed in reserve as well as show the physical layout and design.
§ 400-105 Wireless communications facilities.
A.
Permitted areas for wireless communications facilities. Wireless communications facilities, including communications antenna support structures and wireless communications equipment buildings, may be located on land located within the C-3 Highway Commercial and LI Limited Industrial Zoning Districts, through the issuance of a conditional use decision and order issued by the Borough Council. Additionally, wireless communications facilities, including all components thereof, as specified herein, may be located on any land owned by the Borough. In the case of the location of such facilities on land owned by the Borough, no conditional use application or approval will be necessary; however, the Borough Council will determine whether permission will be granted for the location of such facilities on Borough-owned land, pursuant to the terms of a leasing or other agreement, which will incorporate the requirement of compliance with such substantive regulations of this chapter, as amended, as determined to be necessary by the Borough Council.
B.
Location. Wireless communications facilities may be located on a land site only within a zoning district where permitted as a conditional use, or on Borough-owned land, or as an attachment to an existing structure, as provided herein. Prior to the issuance of a conditional use approval for the construction and installation of any communications antenna support structure, the applicant for conditional use approval must prove by a preponderance of evidence that the applicant cannot adequately extend or in-fill its communications system by the use of equipment, such as repeaters, antennas or other similar equipment installed on existing structures, such as utility poles or other tall structures. This requirement will be deemed to have been satisfied through the submission of a report or testimony by a qualified radio frequency engineer, verifying that the proposed communications antenna (or other wireless communications facility component) will advance the provision of wireless communications service. The Borough Council will limit any evidence or objections sought to be introduced by any objecting party seeking to question the need for the installation of any wireless communications facility (or component thereof). The purpose of this subsection is merely to confirm that the provider of wireless communications service has made a threshold determination that the component for which municipal approval is sought will substantially improve the level of wireless communications service provided to the consumer(s) of such service.
C.
Maximum heights. No communications antenna support structure shall be taller than 125 feet, measured from undisturbed ground level, unless the applicant proves that another provider of wireless communications service has agreed to co-locate communications antennas on the applicant's communications antenna support structure or the applicant demonstrates that a greater tower height is necessary to provide satisfactory service for wireless communications. In such case, the communications antenna support structure shall not exceed 150 feet, unless the applicant secures approval as a condition of the conditional use process from the Council members by demonstrating such proof as would be required in the case of a special exception under Article XXI of this chapter. In no event shall mounted communications antennas height on any tower extend more than 25 feet above the installed height of the tower. While evidence relating to the criteria set forth in Article XXI of this chapter shall be considered by the Borough Council, the Borough Council will impose reasonable limitations on the admissibility of evidence sought to be introduced by any objecting party seeking to question the need for any wireless communications facility (or component thereof). The requirement of establishing a need for any such component and/or the height of any proposed wireless communications support structure shall be deemed to be satisfied through the submission of a report or testimony by a properly qualified radio frequency engineer confirming that the installation of the proposed wireless communication facility will substantially improve the provision of wireless communications service.
D.
Wireless communications equipment building. In those zoning districts where communications antenna and communications antenna support structures are permitted by conditional use, or on Borough-owned property, either one single-story wireless communications equipment building, not exceeding 500 square feet in area, or metal boxes placed on concrete pads, of a total aggregate square footage of 600 feet, housing the receiving and transmitting equipment necessary to the proper functioning of the wireless communications facility, may be located on the land site selected for installation and location of the wireless communications support structure, for each unrelated company sharing communications antenna on the wireless communications support structure. The building and/or concrete pads may be located within a side yard or rear yard, provided that:
(1)
The concrete pad and metal boxes or buildings are located 25 feet away from the property line, or in the case of the building, the minimum setback distance applicable in the zoning district, whichever is greater.
(2)
The combined height of the concrete pad and metal boxes or building does not exceed eight feet.
(3)
An evergreen landscape buffer screen, having a planted height of six feet, is installed and maintained, so as to provide a visually effective barrier, for individuals standing at ground level in the nearby area, between the building or metal boxes and any adjacent property.
E.
Other facilities. With the exception of the wireless communications equipment building housing the receiving and transmitting equipment necessary to the proper functioning of the tower and communications antenna, all other structures and uses ancillary to communications antenna and communications antenna support structures, including but not limited to a business office, a mobile telephone switching office, maintenance depot and vehicular storage area, shall not be located on any land site, unless otherwise permitted by the applicable district regulations in which the site is located. Additionally, the wireless communications equipment building must comply with the setback regulations pertaining to structures applicable in the zoning district in which the building is located.
F.
Attachments to existing structures. In all zoning districts, an applicant may, upon conditional use approval being granted, locate communications antenna and their support members (but not a communications antenna support structure) on an existing smoke stack, utility pole, water tower, commercial or industrial building, or any similar tall structure, provided:
(1)
The height of the communications antenna and apparatus attaching the communications antenna thereto shall not exceed 10 feet in height, unless the applicant proves that a greater antenna height is required to make it an adequately functional component of the applicant's system, but in no case shall such height exceed 25 feet.
(2)
The applicant proves that such location is necessary to satisfy their function in the applicant's wireless communications system, or will obviate the need for the erection of a communications antenna. Support structure in another location where the same is permitted.
(3)
The applicant submits a plan showing each of the contiguous properties, identified by tax parcel number and owner, depicting all buildings and structures located on such properties and their principal and/or accessory uses; provided, however, that the applicant shall not be required to trespass upon the land of another in order to obtain the information set forth in this provision.
(4)
The applicant employs concealment or other reasonably appropriate stealth measures (the determination of which shall be in the Council's reasonable discretion) to camouflage or conceal antennas, such as the use of neutral materials that hide antennas, the location of antennas within existing structures, such as steeples, silos and advertising signs, the replication of steeples and other structures for such purpose, the simulation of elements of rural landscapes, such as trees and such other measures as are available for use for such purpose.
(5)
The proposed use otherwise complies with the requirements of this chapter (with the exception of the provisions herein pertaining to the maximum height and location of a communications antenna support structure or tower).
(6)
If the Council finds that location of antenna on an existing structure obviates the need for the construction and erection of a communications antenna support structure in any zoning district in which the same is a conditional use, the Council may authorize, by conditional use, the location of either a building not exceeding 500 square feet or metal boxes placed on a concrete pad not exceeding, in the aggregate, 600 square feet in area, housing the receiving and transmitting equipment necessary to the operation of the antenna(s), for each unrelated necessary to the operation of the antenna(s), for each unrelated entity or company sharing communications antenna space on the smokestack, utility pole, water tower, commercial or industrial building or other similar tall structure. The building and/or concrete pads may be located within a side yard or rear yard, provided that:
(a)
The concrete pad and metal boxes or buildings are located within 25 feet away from the property line, or in the case of the building, the minimum setback distance applicable in the zoning district, whichever is greater.
(b)
The combined height of the concrete pad and metal boxes or building does not exceed eight feet.
(c)
An evergreen landscape buffer screen, having a planted height of six feet, is installed and maintained, so as to provide a visually effective barrier for individuals standing at ground level in the nearby area, between the building or metal boxes and any adjacent property.
G.
Setbacks from tower base. The nearest point of any communications antenna support structure (exclusive of any guy wires or guy wire anchors) shall be located not less than a distance equal to the height (in linear feet) of the communications antenna support structure from any adjoining property line and any street.
H.
Antenna support structure safety.
(1)
The applicant shall demonstrate that the proposed Communications Antenna and Communications Antenna Support Structure are designed and will be constructed in accordance with all applicable provisions of the Uniform Construction Code (UCC) of the Commonwealth of Pennsylvania standards for such facilities and structures and all applicable industry standards, including but not limited to those standards developed by the Institute of Electrical and Electronics Engineers, Telecommunications Industry Association and American National Standards Institute. The applicant shall demonstrate that the proposed wireless communications facility is designed in such a manner so that no part of the facility will attract/deflect lightning onto adjacent properties;
(2)
When a communications antenna is to be located on an existing structure and the general public has access to the structure on which the communications antenna is to be located, the applicant shall provide engineering details showing what steps have been taken to prevent microwave binding to wiring, pipes or other metals. For purposes of this section, the term "microwave binding" shall refer to the coupling or joining of microwave energy to electrical circuits, including but not limited to the coupling or joining of microwave energy to electrical circuits, including but not limited to power lines and telephone wires, during which process the transference of energy from one to another occurs.
(3)
The information necessary to demonstrate compliance with the above requirements is to be submitted concurrently with the submittal of an application for a building permit.
I.
Fencing. A security fence shall be required around the communication antenna support structure and other equipment, unless the communications antenna is mounted on an existing structure, as provided herein.
J.
Landscaping. The following landscaping shall be required to screen as much of a newly constructed communications antenna support structure as possible. The Borough Council may permit any combination of existing vegetation, topography, walls, decorative fences or other features instead of landscaping, if in the discretion of the Borough Council, they achieve the same degree of screening as the required landscaping.
(1)
An evergreen screen shall be required to surround the communications antenna support structure. The screen can be either a hedge planted 10 feet on center maximum, or a row of evergreen trees planted 10 feet on center maximum. The evergreen screen shall be a minimum planted height of six feet at planting and shall be capable of growing to a minimum of 15 feet at maturity.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(2)
Existing vegetation on and around the land site shall be preserved to the greatest extent possible.
K.
Design. In order to reduce the number of communications antenna support structures in the Borough in the future, the proposed communications antenna support structure shall be designed to accommodate other potential communication users, including not less than one wireless communication company, and not less than one local police, fire or ambulance service communications provider, through the addition or incorporation of antenna anchored at a location or in locations on the communications antenna support structure which the applicant does not intend to anchor its communications antenna.
L.
Licensing and applicable regulations. The applicant must demonstrate that it is licensed to provide wireless communications services by the Federal Communications Commission (FCC), through the submission of a copy of a license issued by the FCC authorizing the provision of wireless communications services by the applicant directly or through licensure or other authorized permission. A copy of this license is to be provided to the Borough within 15 days of the submission of an application for conditional use or other municipal approval.
M.
Proof of inspection. The owner of a communications antenna support structure shall submit to the Borough Engineer proof of the annual inspection of the communications antenna support structure and communications antenna by an independent professional engineer, as required by the ANSI/EIA/TIA-222-E Code. Based upon the results of such an inspection, the Borough Council may require removal or repair of the wireless communications facility. In the event the annual inspection referred to above is not performed in a timely manner, the landowner, as well as the applicant or other licensed provider of wireless communications service, shall be subject to civil enforcement proceedings, in accordance with Article XX of this chapter, and such other remedies as are provided by law.
N.
Soil report and inspection by engineer.
(1)
A soil report complying with the standards of Geotechnical Investigations, ANSI/EIA-222-E, or a substantively similar report, shall be submitted to the Borough Engineer to document and verify the design specifications of the foundation for communications antenna support structure and anchors for the guy wires, if used. The soil report must, in the opinion of the Borough Engineer, establish that the communication antenna support structure may be properly installed and maintained at the proposed site. Prior to the Borough's issuance of a permit authorizing construction and erection of a communications antenna support structure, a structural engineer registered in Pennsylvania shall issue to the Borough a written certification of its ability to meet the structural standards offered by either the Electronic Industries Association or the Telecommunication Industry Association and certify the proper construction of the foundation and the erection of the communications antenna support structure. Where an antenna is proposed to be attached to an existing structure, such engineer shall certify that both the structure and the antenna and their appurtenances meet minimum industry standards for structural integrity. These requirements shall constitute a required condition of any conditional use approval for the proposed use.
(2)
However, this documentation is to be submitted concurrently with an application for the issuance of a building permit. All reasonable engineer fees associated with the review of these reports or other documentation confirming the soil suitability and structural integrity of a communications antenna support structure or anchoring for a communications antenna will be paid by the applicant, within 30 days of the submission of an invoice (which invoice must provide a reasonably detailed explanation of the engineering services provided at the Borough's request).
O.
Required parking. If the wireless communication facility is fully automated, an adequate parking area shall be required for all maintenance workers. If the wireless communication facility is not fully automated, the number of required parking spaces shall equal the number of employees present at the wireless communication facility during the shift with the greatest number of employees or staff.
P.
Visual appearance. Communications antenna support structures shall be painted silver or another color approved by the Borough Council or shall have a galvanized finish. All wireless communications equipment buildings and other accessory facilities shall be aesthetically and architecturally compatible with the surrounding environment and shall maximize the use of a like facade to blend with the existing surroundings and the neighboring buildings to the greatest extent possible. The Borough Council may require that:
(1)
Communications antenna support structures be painted green up to the height of nearby trees.
(2)
Wireless communications equipment buildings, which house electrical transmitter equipment be placed underground, unless determined to be detrimental to the functioning and physical integrity of such equipment.
(3)
In making these determinations, the Borough Council shall consider whether its decision will:
(a)
Promote harmonious and orderly development of the zoning district involved.
(b)
Encourage compatibility with the character and type of development existing in the area.
(c)
Benefit neighboring properties by preventing a negative impact on the aesthetic character of the community.
(d)
Preserve woodlands and trees existing at the site to the greatest possible extent.
(e)
Encourage sound engineering and land development design and construction principles, practices and techniques.
Q.
Site plan. A full site plan shall be required for all wireless communications facilities, showing all existing and proposed structure(s) and improvements, including but not limited to the communications antenna, communications antenna support structure, building, fencing, buffering and ingress and egress. The plan shall comply with Chapter 350, Subdivision and Land Development, with the exception of such planned documentation/information which would be required to demonstrate compliance with those provisions of Chapter 350, Subdivision and Land Development (or the Pennsylvania Storm Water Management Act)[1] pertaining to stormwater management.
[1]
Editor's Note: See 32 P.S. § 680.1 et seq.
R.
Signs. No sign or other structure shall be mounted on the wireless communications facility, except as may be required by the Federal Communications Communication (FCC), Federal Aviation Administration (FAA) or other governmental agency, and except for an identifying sign of no greater than three square feet, setting forth the name and means of contacting the operator.
S.
Lighting. Communications antenna support structures shall meet all FAA regulations. No communications antenna support structure may be artificially lighted, except when required by the FAA or other governmental authority. When lighting is required by the FAA or other governmental authority, it shall be limited to no greater than 50% in excess of the minimum lumens and number of lights so required and, if not inconsistent with FAA or other governmental regulations, shall be oriented inward so as not to project onto surrounding properties. The applicant shall promptly report any outage or malfunction of FAA-mandated lighting to the appropriate governmental authorities and to the Borough Secretary.
T.
Maintenance. The applicant shall describe anticipated maintenance needs, including landscaping, frequency of service, personnel needs, equipment needs and the traffic safety and notice impacts of such maintenance. This information shall be submitted, in writing, in the form of a proposed maintenance schedule, as part of the conditional use application or other application for zoning or building authorization.
U.
Vehicular access. In the event a communications antenna is attached to an existing structure, vehicular access to the wireless communications facility shall not interfere with the parking or vehicular circulation on the site for the existing principal use.
V.
Co-location. If the applicant proposes to build a communications antenna support structure (as opposed to mounting the communications antenna on an existing structure), the applicant shall demonstrate that it has contacted the owners of structures of suitable location and height (such as smoke stacks, water towers and buildings housing existing communications antenna support structures) within a one-mile radius of the site proposed, and asked for permission to install the communications antenna on an existing structure, as set forth in this subsection, or demonstrate that the applicant cannot adequately extend or infill its communication system through the use of these structures.
W.
Abandonment.
(1)
If use of the wireless communications facility is abandoned or is not properly maintained (so as to assure continued structural integrity and safety), or if the wireless communications facility is not in use for a period of six months or longer, the owner shall demolish and/or remove the wireless communications facility from the land site within six months of such abandonment and/or nonuse. All costs of demolition and/or removal shall be borne by the owner of the wireless communications facility. In the event the demolition and/or removal referred to above is not performed in a timely manner, the owner shall be subject to civil enforcement proceedings, in accordance with Article XX of this chapter and other legal remedies available to the Borough.
(2)
Further, prior to constructing or installing any wireless communications facility, the applicant must submit financial security in an amount sufficient to cover the cost of disassembly, demolition and removal of the wireless communications facility. The form of the financial security shall be of a type described in Section 509 of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10509(c), including but not limited to federal- or commonwealth-chartered lending institution irrevocable letters of credit, restrictive or escrow accounts in such lending institutions, as well as bonds. Approval of the type of financial security to be submitted shall be determined by the Borough Council; however, approval of the form of security and of the provisions thereof (e.g., the language of a bond) shall not be unreasonably withheld. The amount of financial security shall be determined by the Borough Council, based upon information submitted by the applicant and reviewed by either the Borough Engineer or other qualified consultant. In the event of a dispute concerning the appropriate amount of financial security, the Borough Engineer and the applicant shall select a qualified third party to arbitrate the dispute informally and submit a determination to the Borough Council; the amount of financial security determined by the neutral third party shall be binding. The financial security may be utilized for the disassembly, demolition and removal of any wireless communications facility, in the event that the facility is either: (a) not properly maintained; (b) abandoned; or (c) not used for a period of six months or longer. The financial security shall be so utilized after 30 days' advance written notice is forwarded by United States mail or private courier service (e.g., Federal Express, United Parcel Service) to any address provided by the applicant as part of the submission of an application for zoning or other municipal or other building authorization or to any other address, provided by applicant for the purposes of the receipt of notice under this provision. The bond or other security will be released to the applicant promptly upon the expiration of the lease, license or other permission/authorization to make use of the subject property for the maintenance of a wireless communication facility.
(3)
In addition, prior to the issuance of any building permit or use authorization or similar municipal authorization which may result in construction or installation of a communications antenna, communications antenna support structure or wireless communications facility, a declaration of covenant must be submitted by the applicant and approved by the Borough Council for recording in the Office of the Recorder of Deeds of Chester County, by which the landowner and is/her/its successors in interest, authorize Borough officials and Borough designees to effectuate the disassembly, demolition and/or removal of any wireless communications facility antenna or similar structure, as contemplated by this provision. Appropriate documentary proof must be submitted to the Borough staff confirming the recording of the declaration of covenant prior to commencement of any construction or installation of any communications antenna, communications antenna support structure or wireless communications facility. The covenant requiring proper maintenance (or removal in the case of abandonment) of a wireless communications facility shall expire promptly upon the expiration of any lease or other arrangement by which the applicant has permission to maintain a wireless communications facility (or any component thereof) on a land site or other property. Upon submission of appropriate documentary proof of the expiration of the lease or other permission specified herein, the Borough will authorize the recording of a document memorializing the expiration of the effective terms of the declaration of covenants.
(4)
The requirement of this section may be waived or altered by the Borough Council in the event that either:
(a)
Another appropriate form of guarantee for the continued maintenance (or removal in the case of abandonment) of a wireless communications facility is provided; or
(b)
The Borough Council is satisfied that adherence to these requirements would be unnecessary, duplicative or violative of Federal Telecommunications Act of 1996, or other applicable law.
X.
Notification. All applicants seeking to construct, erect, relocate or alter a wireless communications facility shall file a written certification with the Borough Zoning Officer that all property owners within a one-thousand-foot radius of the proposed communications antenna support structure have been given written notice by the applicant, mailed a minimum of 14 days prior to the date of the hearing of the applicant's intent to construct, erect, relocate or alter a wireless communications facility. The certification shall contain the name, address and tax parcel number of the property owners so notified. Such notice shall also contain the date and time of the Borough Council meeting at which the applicant will appear and demonstrate compliance with the provisions of this chapter.
Y.
Interference. In the event the wireless communications facility causes interference with the radio, subscriber equipment or television reception of any Borough resident for a period of three consecutive days, the resident shall notify the Borough, in writing, of such interference. The Borough shall notify the owner/operator of the wireless communication facility of such interference and the owner/operator, at the owner/operator's sole expense, shall thereafter ensure that any interference problems are promptly corrected. In the event the interference is not corrected in a timely manner, the owner/operator shall be subject to the civil enforcement proceedings, in accordance with Article XX of this chapter, and may have the conditional use or other municipal approval revoked.
Z.
Annual report. In January of each year, the owner or operator of any wireless communications facility shall pay the registration fee established from time to time by resolution of the Borough Council and shall provide the Borough Secretary with the following information. Changes occurring with respect to any such reported information shall be reported to the Borough Secretary, in writing, within 10 days of the effective date of such change(s).
(1)
The names and addresses of the owner of the wireless communications facility and any organization utilizing the wireless communications facility and telephone numbers of the appropriate contact person in case of emergency.
(2)
The name and address of the property owner on which the wireless communications facility is located.
(3)
The location of the wireless communications facility by geographic coordinates, indicating the latitude and longitude.
(4)
Output frequency of the transmitter.
(5)
The type of modulation, digital format and class of service.
(6)
The effective radiated power of the communications antenna.
(7)
The number of transmitters, channels and communications antenna.
(8)
A copy of the owner or operator's FCC authorization. A copy of the FCC license shall be sufficient for this purpose.
(9)
Communications antenna height.
(10)
Power input to the communications antenna.
(11)
A certification signed by an authorized representative of the applicant that the wireless communications facility is continuing to comply with this chapter and all applicable governmental regulations, including but not limited to output and emission limits established by the FCC.
(12)
A certificate of insurance issued to the owner/operators evidencing that there is adequate current liability insurance in effect insuring against liability for personal injuries and death and property damage caused by the land site and the wireless communications facility.
AA.
Privately owned and operated communications antennas, including residence-mounted satellite dishes and television receiving devices, and ham or citizen band radio antennas, are exempt from the regulations of this section.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
§ 400-106 Vehicle sales, service, and repair.
A.
General service, maintenance, and repair facilities shall be permitted, provided that they are conducted within an enclosed building that complies with all applicable provisions of this chapter.
B.
If gasoline pumps are to be installed, all requirements for a vehicle fueling station shall be satisfied including but not limited to applicable fire code, local, state, and federal requirements.
C.
Any use involving the generation of waste grease and/or oil shall be required to install traps to collect these waste products, including but not limited to oil water separators. Such uses shall also demonstrate a regular and proper means of disposal of such greases and/or oils, as required by applicable state and/or federal regulations.
D.
No outdoor stockpiling of tires, trash, or vehicle parts is permitted except as permitted by § 400-72 and screened in accordance with § 400-73. An area enclosed by a wall or fence, screened from view of adjoining properties, shall be provided whenever outdoor storage is required. No materials may be stored so as to create a fire hazard.
E.
Satisfactory provision shall be made to minimize harmful or unpleasant effects such as noise, odors, fumes, glare, vibration and smoke.
F.
All exterior vehicle storage areas shall be screened from view of any adjoining residential use or residentially zoned lot or zoning district.
G.
There shall be no more than two parked vehicles awaiting service per service bay in an open area or within a required parking space or lot and shall not exceed greater than 30% of the required parking spaces, any additional vehicles shall be in an enclosed or fenced area.
H.
Junk vehicles may not be stored in the open at any time; any junked vehicles shall be stored within an enclosed or fenced area.
I.
The demolition or cannibalization of junked vehicles is prohibited.
§ 400-107 Townhouse development.
A.
Tract area and density requirements. Each townhouse shall be part of a town house development on a tract ("tract") developed exclusively for townhouses. Such a tract shall have a minimum of six gross acres. The density of townhouses in the development shall not exceed 11 dwelling units per net acre of tract area. Such net tract area shall be determined by subtracting the following from the gross tract area:
(1)
All wetlands regulated as such by the United States Army Corps of Engineers ("Corps") and/or the Pennsylvania Department of Environmental Protection ("DEP").
(2)
All existing and proposed public road right-of-way offered for dedication to the Borough.
(3)
All existing (not to be vacated) and proposed easements for public water supply and sanitary sewerage (overlapping easements to be counted once) not within road right-of-way already subtracted.
B.
In each townhouse development, a sidewalk with a width of a minimum of four feet shall be provided along a minimum of one side of all public streets offered for dedication, except for areas used for driveway aprons.
C.
Each townhouse shall comply with the following:
(1)
No townhouse shall be part of a set (or "block") or connected townhouse unit that includes more than four townhouses.
(2)
The following minimum setbacks shall apply to all townhouse blocks and related improvements:
(a)
Thirty feet from tract boundaries except on public road frontage.
(b)
Twenty-seven feet from the face of a road curb or the edge of paving for roads without a curb for public dedicated roads.
(c)
Fifteen feet from wetlands regulated as such by the Corps or DEP.
(d)
Buildings, patios and decks shall be separated by a minimum of 12 feet from all paved parking areas and common driveways.
(e)
Each patio and deck for a townhouse block shall be separated by a minimum of 20 feet from all patios and decks of other townhouse blocks.
(3)
Minimum separation between buildings shall be 30 feet.
(4)
The minimum width for each townhouse unit shall be 24 feet.
(5)
Parking requirements. There shall be a minimum of two paved parking spaces for the exclusive use of each townhouse. One such space shall be in a garage within the townhouse and the other shall be on the driveway which accesses the garage, which driveway shall be a minimum of 25 feet in length measured from the common driveway or public road to the garage door. Where there is a conflict, the residential off-street parking requirements in Article XVII shall not apply to townhouse developments in this section, and the requirements of this section shall apply.
D.
Where there is condominium ownership of the dwelling units or common open space created as part of the development, a homeowners' association document shall be submitted and approved by the Borough in accordance with § 400-108E(5).
§ 400-108 Townhouse cluster development.
A.
Prerequisites for townhouse cluster development option. In order to use the standards of this section, a proposed development must meet the following preconditions:
C.
Density and area and bulk requirements. The overall density (i.e., the total area in the tract which is either part of the lot size of the individual townhouse lots or common open space, which does not include any area in public rights-of-way, utility easements, stormwater retention facilities and drainage easements, divided by the total number of dwelling units) of the townhouse cluster development shall be a minimum of 12,500 square feet per dwelling unit. No more than six townhouse dwellings may be part of a connected group or row of dwellings. A subdivided lot shall be provided for each dwelling unit. Following are the minimum requirements for lot area and the placement of structures on lots:
(1)
Lot size: 2,500 square feet.
(2)
Lot width at building line: 24 feet.
(3)
Lot width at street line: 10 feet.
(4)
Building setback line: 40 feet.
(5)
Front yard: 40 feet in depth.
(6)
Side yards: each townhouse which is an end unit (i.e., one with only one common wall) shall have a lot with a side yard of not less than 15 feet in depth, provided that unenclosed porches may be extended from the dwelling up to five feet into the side yard.
(7)
Rear yard: 25 feet in depth, provided that unenclosed decks and porches may be extended from the dwelling up to 12 feet into the rear yard.
(8)
Minimum distance between buildings: 30 feet.
D.
Design standards.
(1)
Each single-family attached dwelling within a townhouse cluster development shall have a minimum of 1,250 square feet of living area, two bedrooms, and a full basement. For purposes of these regulations, "living area" shall not include garages, porches or basements, whether finished or not. However, any area counted as living area must be finished. "Finished" means that the area is floored, framed, all wall surfaces (e.g., dry wall) are complete and electric and heat are functional and comply with applicable building code requirements. A bedroom which is not finished may not be counted toward the minimum bedroom requirement.
(2)
All utilities shall be placed underground.
(3)
The conditional use application shall include a landscaping plan prepared by a registered landscape architect. This plan shall include basic landscaping plans for the individual lots, as well as an overall design plan for required common open spaces and landscape buffer areas. The developer shall provide any landscaping for common areas and individual lots according to the approved overall landscaping plan and the basic individual lot plans. Streetlights, sidewalks and all proposed signage shall be shown on the landscape plan. The plan shall also identify all existing stands of mature trees.
E.
Common open space. These provisions are intended to establish interrelated use regulations, performance standards, design and locational criteria for all designated open space land. Designated open space is land identified for recreational use or other open space purposes on the subdivision plan, which is not part of an individual lot for a dwelling unit.
(1)
Calculating required common open space area. The following are limitations on land which is counted for the purposes of determining compliance with open space requirements:
(a)
The surface area of existing and proposed bodies of water, areas with seasonal high water table soils as designated in the soil survey, utility easements, rights-of-way, required landscape buffer areas, and areas to be used for permanent sedimentation and erosion control or stormwater management facilities, including drainage easements and natural watercourses and areas regulated as wetlands by DEP or United States Army Corps of Engineers, shall not be counted.
(b)
When land with a vertical change in grade of six feet or more and slopes of 15% or more is designed as open space, only 1/2 of such slopes may be counted, provided that only 1/4 of the land with vertical change in grade of six feet or more and slopes of 25% or greater may be counted.
(c)
When land which is in a one-hundred-year floodplain or which has alluvial soils as identified in the soil survey is designated as open space, only 1/4 of such land and no portion which has a seasonally high water table may be counted.
(d)
No area within 100 feet of an area used for retail sales of agricultural products, whether or not grown or raised on the premises, shall be counted. Such retail uses include all accessory parking areas.
(2)
Delineating common open space areas.
(a)
Locational criteria. The location and proposed use of land designated as common open space must be shown on preliminary and final subdivision and land development plans and will be approved finally, for purposes of these regulations, when the final subdivision plan is approved.
(b)
Areas identified for recreational uses must be suitable for the proposed use.
(c)
In planning a development, land with the following characteristics should be given a high priority for designation as open space:
[1]
Land in and contiguous to floodplains.
[2]
Areas with steep (15% to 24%) and very steep (25% and greater) slopes.
[3]
Woodlands and stands of trees where the majority of trees are greater than 12 inches in caliper.
[4]
Land surrounding surface water resources such as lakes, ponds, streams and springs.
[5]
Significant groundwater recharge areas (aquifers).
(3)
Design standards for common open space areas. The common open space designated within the development shall not be only left over or otherwise unusable land. Common open space areas shall be laid out according to sound site design principles and shall provide appropriate access for residents of the development. Land designated as part of the minimum common open space area requirement must meet the following design standards:
(a)
Minimum contiguous area. A designated open space parcel shall have a contiguous area of not less than 1/2 acre.
(b)
Minimum parcel width. An open space parcel shall have a minimum average width of 50 feet in all directions.
(c)
Maximum impervious coverage. Not more than 5% of the total required common open space area shall be covered by impervious surfaces.
(d)
Minimum setbacks.
[1]
New property lines shall be located so that any existing structures within the designated open space shall be no less than 50 feet from any lot line created by the proposed subdivision.
[2]
New structures, including recreational structures, but not signs, boundary fences, walls, benches, light standards and landscaping, shall have a setback of 100 feet from all property lines.
(4)
Use of areas designated as common open space. Land designated as common open space may be used for any of the following purposes and no others:
(a)
Conservation uses, including woodlands, and other natural areas such as grasslands, marshes, lakes, ponds, streams and floodplains.
(b)
Agricultural uses including cropland, pasture, silviculture and nurseries.
(c)
Passive recreational uses such as parks and natural trails.
(d)
Active recreational uses which are not for profit and for the use of the residents and their guests, including playing fields, playgrounds, tennis and basketball courts and swimming pools.
(e)
Planted areas used for visual screening purposes and noise control.
(f)
Presently existing structures may be used only in connection with the open space uses.
(g)
The following open space uses, when approved by Council:
[1]
Bridges.
[2]
Signs which are accessory to permitted open space uses. Whenever reasonably possible, signs should be placed outside of designated open space areas.
[3]
Boundary fences and walls.
[4]
Recreational structures. The design of all recreational buildings and structures must be compatible with the character of the surrounding area, other open spaces and the development as a whole. An architect's or landscape architect's analysis of the compatibility of the proposed design, siting, materials and colors should accompany all applications for approval.
(5)
Common open space ownership and maintenance.
(a)
The common open space areas or any part thereof may be offered to the Borough which may, but is not obligated to, accept ownership thereof. If the Borough accepts ownership of any part of the common open space, such acceptance shall not affect the overall density of the development.
(b)
The developer shall cause the common open space areas not conveyed to the Borough to be deed restricted so that their use will be limited perpetually to the uses shown on the approved final subdivision plan and those authorized by this article.
(c)
For all common open space areas not conveyed to the Borough, the developer shall identify the entity (called "homeowners' association" in this section) which will own the open space and will insure that the open space is maintained properly in perpetuity.
(d)
The Borough Solicitor shall review the legal documents creating the homeowners' association, the association's bylaws and the deed restrictions and shall determine whether these documents comply with the provisions of this article. It is important to the Borough that the open space owner be financially responsible and have both the means and incentive to maintain and pay the taxes on the property in a timely manner.
(e)
The homeowners' association shall be organized in compliance with the following:
[1]
The homeowners' association shall be organized by the landowner or developer and shall be in existence and operating before the sale of any lots within the development.
[2]
Membership in the homeowners' association shall be mandatory for all purchasers of dwelling units within the development with common open space or common facilities (e.g., for stormwater management), and must bind all purchasers' heirs, successors and assigns.
[3]
Homeowners' association members shall share equitably the costs of maintaining the common open space areas.
[4]
The homeowners' association declaration and bylaws shall allow the association to place a lien against an individual member's property if the member fails to pay his or her share of the assessed open space maintenance costs.
[5]
The homeowners' association shall be responsible for maintenance of insurance and payment of taxes on the common open space. All homeowners shall be responsible jointly with the association for the payment of taxes.
[6]
The homeowners' association shall have the authority and the ability to promptly correct hazardous conditions, nuisances and ordinance violations with respect to the open space areas.
[7]
The landowner or developer shall provide the Borough with a plan for adequate administration of the homeowners' association's affairs.
(f)
In the event that the homeowners' association shall, at any time after the creation of the common open space, fail to maintain said open space and/or any facilities located therein in reasonable order and condition in accordance with any and all approved plans, the Borough shall have the right, and the documents creating the homeowners' association shall acknowledge such right, to serve written notice upon the association or upon the residents and owners, setting forth the manner in which the association has failed to maintain the open space and/or facilities in reasonable condition, and said notice shall include a demand that such deficiencies be cured within 30 days thereof, and shall state the date and place of a hearing, which shall be held within 14 days of the notice. At such hearing, Borough Council may modify the terms of the original notice as to the deficiencies and may give an extension of time within which they shall be cured. If the deficiencies set forth in the original notice or in the modifications thereof shall not be cured within said 30 days or any extension thereof, the Borough, in order to preserve the taxable values of properties and to prevent the open space from becoming or continuing as a public nuisance, may enter upon said open space and maintain the same for a period of one year, at the expense of the association. The cost of any such maintenance shall be borne by the owners of the lots within the development from which the open space shall be derived. Said entry and maintenance shall not vest in the public any rights to use the open space. Before the expiration of the year during which the Borough maintains the common open space, Borough Council shall, upon its initiative or upon the request of the association, call a public hearing upon notice of the association or to the residents and owners of the dwelling units in the development. The purpose of this hearing shall be to allow the association and the owners and residents to show cause why such maintenance by the Borough shall not, at the election of the Borough, continue for a succeeding year. If the Borough determines that the association is ready and able to maintain the common open space in reasonable condition, the Borough shall cease to maintain said common open space at the end of said year. If the Borough determines that the association is not ready and able to maintain the common open space, the Borough may, in its discretion, continue to maintain the open space during the next succeeding year and, subject to a similar hearing and determination, in each year thereafter. The decision of the Borough in any such case shall constitute a full administrative decision subject to judicial review at the expense of the homeowners' association. The Borough's cost of maintaining the common open space under this provision shall be assessed ratably against the properties within the development and shall become a municipal lien on said properties. The Borough, at the time of entering upon the common open space for the purpose of maintenance, shall file a notice of lien in the office of the Prothonotary of Chester County, which shall give notice with respect to all of the properties in the development.
§ 400-109 Townhouse development option.
A.
Each townhouse shall be a part of a development on a tract developed exclusively for townhouses under the requirements of this section. Such a tract shall have a minimum of 6 1/2 gross acres. The density of townhouses in the development shall not exceed one townhouse per 3,000 square feet of net tract area. Such net tract area shall be determined by subtracting the following from the gross tract area (and not by using the requirements applicable to calculating minimum lot size):
(1)
All wetlands regulated as such by the United States Army Corps of Engineers ("Corps") and/or the Pennsylvania Department of Environmental Protection ("DEP").
(2)
All existing and proposed public and private road right-of-way.
(3)
All existing (not to be vacated) and proposed easements for public water supply and sanitary sewer facilities (overlapping easements to be counted once) not within existing and/or proposed public or private road right-of-way already subtracted.
(4)
All watercourses and bodies of water and their floodplains.
(5)
All areas within existing and/or proposed stormwater management easements.
(6)
All areas within required riparian buffer setbacks.
B.
The maximum tract coverage (i.e., the maximum percentage of the area of the tract which is not within existing and/or proposed public street rights-of-way and which may be covered by buildings, roofed structures and paving) shall be 35%.
C.
There shall be a minimum of one new parking space provided for common and/or guest parking for every two townhouses. Such parking shall be in addition to the parking required for the exclusive use of each individual townhouse. The common and/or guest parking may be provided along, but not within, the required cartway (i.e., the travel lanes) of streets to be constructed on the tract and/or within parking lots on the tract. However where an existing public street is widened to create new parallel parking spaces, such new parking spaces (minus any existing parking spaces which are outside of the street's travel lanes and are lost as a result of the widening) may be counted for up to 1/4 of the common/guest parking requirement if such spaces are located along public streets on or contiguous to the tract. To be counted toward the common/guest parking requirement, such spaces shall be a minimum of 10 feet wide and 24 feet long, located entirely outside of the street's travel lanes and otherwise designed according to such specifications, such as curbing, lighting, and sidewalk access, as the Borough shall direct. Parking lots for common and/or guest parking shall be screened with evergreen landscaping so that car lights shall not shine directly into any dwelling. Existing parking on existing public streets shall not be counted toward common and/or guest parking. For this section, the locational requirements for off-street parking and driveway spacing requirements in Article XVII shall not apply to off-street parking for and driveways to individual townhouses, as the requirements of this section shall control.
D.
No freestanding accessory building or roofed structure (including, without limitation, storage sheds) shall be permitted. There shall be no outside storage of trash, junk and/or lawn mowers.
E.
A sidewalk with a width of a minimum of four feet shall be provided along a minimum of one side of all private streets, except for areas used for driveway aprons. This is an addition to sidewalks required along all existing and proposed public streets.
F.
When a development is proposed to create improvements and/or real property which is to be operated, owned and/or maintained as a common-interest community, planned community, condominium, cooperative and/or pursuant to maintenance covenants between the owners of townhouses, the documents establishing such maintenance, operation and ownership rights and duties shall be subject to the Borough's prior written approval. The Borough shall have the right to require terms in the governing documents and/or covenants that will insure that adequate funds will always be available and that the responsible parties and/or entity can act, in a timely manner, to correct regulatory violations and nuisance conditions with respect to such improvements and property and maintain and operate such improvements and property in compliance with the approved plans and all applicable regulations. The documents and/or covenant(s) shall also authorize, but not require, the Borough to correct regulatory violations and abate nuisances if the responsible parties and/or entity do not do so in a timely manner and, in such event, will give the Borough the right to recover the Borough's costs therefore as a municipal claim. The documents and/or covenant(s), as recorded, shall provided that the terms required by the Borough may not be amended without the Borough's prior approval by written resolution.
G.
Each townhouse block shall comply with the following:
(1)
The following minimum setbacks shall apply to each townhouse block:
(a)
Thirty feet from the tract boundary.
(b)
Twenty-seven feet from all existing, dedicated, public street, excluding any right-of-way.
(c)
Twenty-two feet from any part of a public sidewalk which is adjacent to a street cartway.
(d)
Twenty-three feet from the end line of any existing, dedicated, public street.
(e)
Thirty feet, from side to side, between townhouse blocks which front in the same general direction, and 60 feet, from back to back, between townhouse blocks the backs of which generally face each other.
(2)
Each townhouse shall comply with the following:
(a)
No townhouse shall be part of a townhouse block that includes more than five townhouses.
(b)
The minimum setback between patios and decks and the tract boundary shall be 20 feet.
(c)
Each patio and deck for a townhouse shall be separated by a minimum of 30 feet from all patios and decks for townhouses in other townhouse blocks.
(d)
The minimum width (from side to side) for each townhouse unit shall be 20 feet.
(e)
Any stoops, steps, landing and/or porch located on the side of a townhouse (typically called an "end unit") on the end of a townhouse block shall extend not more than five feet into the minimum side setback between townhouse blocks.
(f)
If a lot is to be provided for the individual townhouses, the minimum lot size requirements of this chapter shall not apply to such lots.
(g)
Each townhouse shall be connected to public water and sanitary sewer service.
H.
Where there is condominium ownership of the dwelling units or common open space created as part of the development, a homeowners' association document shall be submitted and approved by the Borough in accordance with § 400-108E(5).