Westtown Township City Zoning Code
ARTICLE XV
General Regulations
§ 170-1500 Statement of intent.
In setting forth general regulations in this article, it is the intent of the Township to establish clear standards for activities and for the design and impact of site development that may be associated with a variety of zoning districts or types of land use. In most instances, these regulations are to be interpreted and applied in conjunction with the requirements of one or another use district of this chapter; they are limited with respect to the Zoning Map only as stipulated by the terms of this article.
§ 170-1501 Visibility at intersections.
The following shall apply to all zoning districts:
A.
On a corner lot or at a point of entry on a public road, nothing shall be erected, placed, or allowed to grow in a manner which obscures vision:
(1)
Above the height of 2 1/2 feet measured from the center line grades of the intersecting streets; and
B.
There shall be no plantings, ground cover or other objects placed within the road right-of-way above 18 inches in height.
§ 170-1502 Projections into setbacks and setback exceptions.
[Amended 3-3-2003 by Ord. No. 2003-2; 6-3-2019 by Ord. No. 2019-01; 11-7-2022 by Ord. No. 2022-09; 9-15-2025 by Ord. No. 2025-04]
A.
Permitted encroachments. The following components of principal residential buildings (with or without accessory dwelling units), may project into required yard setbacks in accordance with the following:
(1)
Buttresses, chimneys, cornices, piers or pilasters, unenclosed fire escapes, and unroofed steps shall be permitted to encroach into required yard setbacks so long as they are set back at least 15 feet from any lot lines.
(2)
Covered or uncovered porches, stoops, porticos, and other landings may encroach into front yard setbacks up to 10 feet in the A/C and R/1 Districts and up to eight feet in the R-2 and R-3 Districts. These architectural features shall be permitted to encroach in any other zoning district only if the existing front yard setback is at least 40 feet, in which case front yard encroachments shall be permitted up to eight feet.
(a)
Covered porches and other landings in the front yard must be open on at least two sides. If more than two sides are enclosed, then it shall be considered part of the primary structure and shall conform to all required building setbacks applicable to the zoning district in which the property is located. Railings for fall protection shall not be considered part of an enclosure, provided they are not made of solid walls, panels, or other opaque materials. Mesh screens shall be considered part of an enclosure.
(b)
Covered porches and other landings located in side and rear yards shall be considered part of the primary structure and shall conform to all required building setbacks applicable to the zoning district in which the property is located, regardless of whether or not any sides are enclosed.
B.
For developments where the lot area of a property conforms to the footprint of the dwelling unit, any projections, including decks and patios, may project up to 10 feet from the facade of the building and shall be set back at least 15 feet from the tract boundary.
C.
Uncovered decks attached to a principal dwelling may extend into a required side or rear yard, provided they meet the following standards:
(1)
Decks must be set back a minimum of 15 feet from side or rear lot lines. Deck stairs shall be considered part of the structure and shall conform to this setback requirement.
(2)
In the event a principal dwelling unit has a side yard setback of less than 15 feet, the setback for deck and deck stairs shall be 10 feet from property lines, or a distance equivalent to the side yard setback of the primary structure, whichever is less. This standard shall not apply along a shared lot line where two dwellings are attached to each other.
(3)
Covered decks located in side and rear yards shall be considered part of the primary structure and shall conform to all required building setbacks applicable to the zoning district in which the property is located.
(4)
Decks attached to a detached accessory structure, including an accessory dwelling unit, shall meet the same standards for decks attached to principal dwelling units.
D.
An open gazebo or a similar unenclosed uninhabitable decorative structure with a maximum floor area of 64 square feet shall be permitted within a front yard setback, provided the front yard has a minimum width of 50 feet.
E.
A movable awning or movable canopy may project into any required yard not more than 25 feet, but shall not be closer than 15 feet from any property line.
F.
Detached accessory structures are permitted to encroach in side and rear yard setbacks as follows:
(1)
Structures less than 250 square feet and less than 12 feet in height shall be set back from side and rear lot lines a minimum of five feet.
(2)
Structures 250 square feet and larger and/or structures 12 feet or more in height shall be set back from side a rear lot lines a distance equivalent to the height of the structure.
G.
Swimming pools, measured from the edge of the water, tennis courts, and similar outdoor recreation facilities shall be permitted within side and rear yard areas, provided they are set back at least 25 feet from the lot line.
(1)
Isolation distances from sewage disposal facilities. No pool, tennis court or other recreational facility shall be placed less than 10 feet from any septic field or tank.
H.
Corner lots.
(1)
If a corner lot is occupied by a single-family detached dwelling, and the applicant proves to the Zoning Officer that there is no suitable permitted location for customary accessory uses/structures (such as a shed or pool), then the Zoning Officer may permit such accessory use/structure in one of the two front yards, provided it is located and landscaped so as to minimize the impacts upon the neighborhood.
(2)
On corner lots with a residential use, the Zoning Officer may determine which yard shall be regulated as a side yard pertaining to fences and walls.
I.
Patios shall be permitted to encroach into front yard setbacks in accordance with the standards outlined in § 170-1502A(2) and subject to the following:
(1)
Patios shall be set back a minimum of 15 feet from side and rear lot lines.
(2)
In the event a principal dwelling unit has a side yard setback of less than 15 feet, the setback for patios shall be 10 feet from property lines, or a distance equivalent to the side yard setback of the primary structure, whichever is less. This standard shall not apply along a shared lot line where two dwellings are attached to each other.
(3)
If steps are required to access the patio from a door in the house, all steps shall conform to building code standards and shall provide landings and handrails where required.
(4)
A permit shall be required for the installation of any patio.
§ 170-1503 Modification of front yard requirements.
A.
To encourage design in accordance with land condition and to develop the maximum aesthetic potential of the community, the Board of Supervisors may, at its sole discretion, permit up to 25% of the residences in a subdivision to be located as much as 10 feet forward of the required building setback line, if the same number of residences are located at least an equal distance behind the required setback line.
B.
Where an unimproved lot is situated between two improved lots, on each of which there has existed since the effective date of this chapter a principal building within 25 feet of the side boundary line of such unimproved lot and encroaching within the front yard otherwise required by this chapter, the front yard depth of such unimproved lot may be the average depth of the front yards of the two adjacent improved lots, notwithstanding the yard requirements of the district in which the unimproved lot is located.
C.
Where an unimproved lot adjoins only one improved lot, on which there has existed since the effective date of this chapter a principal building within 25 feet of the common side lot line and encroaching within the front yard otherwise required by this chapter, the front yard depth of such unimproved lot may be the average depth of the front yard of such adjacent improved lot and the front yard required for the district in which such unimproved lot is located, notwithstanding the yard requirements for such district.
§ 170-1504 Exception to height limitations.
A.
Subject to the review and approval by the Board of Supervisors, the height limitations of this chapter shall not apply to church spires, belfries, cupolas and domes, monuments, water towers, chimneys on residential structures, flagpoles, barns, or silos.
[Amended 4-4-2022 by Ord. No. 2022-04]
B.
The height limitations of this chapter shall not apply to wireless communications facilities except as provided for in Article XXV, Wireless Communications Facilities.
[Amended 6-15-2015 by Ord. No. 2015-6; 4-4-2022 by Ord. No. 2022-04]
D.
A special exception may be granted by the Zoning Hearing Board, permitting signal transmitting, receiving, or relay towers, ham radio or television masts, aerials, and antennas. Such uses may be erected to a maximum height of 50 feet or the equivalent of the distance to the property line, whichever is less. The Zoning Hearing Board shall consider the following factors, in addition to the criteria in § 170-2108 of this chapter, in deciding upon a request for special exception:
[Amended 2-17-2015 by Ord. No. 2015-3]
(1)
Compatibility of the proposed facility with existing and zoned uses in the general neighborhood with respect to safety, visual impact, aesthetics, noise, and lighting.
(2)
Compliance of the proposed facility with all applicable state and federal licensing and permit requirements, including assurances that existing uses on surrounding properties will not be disrupted or otherwise negatively impacted by the operation of the proposed facility.
(3)
The relationship of the proposed site to other similar facilities within the Township or the immediate region, and the potential cumulative impacts that could result from a concentration of such facilities of excessive height.
(4)
The ability of the applicant to screen effectively the potentially negative visual, light, and noise impacts of the proposed facility.
E.
A special exception may be granted by the Zoning Hearing Board permitting a primary or secondary school or religious use to exceed otherwise applicable height limitations up to a maximum of 60 feet. In consideration of such request for modification, the Zoning Hearing Board shall review, and may base approval or denial of the request, or approval subject to specific conditions, on one or more of the following factors:
[Added 3-3-2003 by Ord. No. 2003-2]
(1)
Feasibility of adequate development of the proposed use without exceeding otherwise applicable height limitations;
(2)
Impact on architectural design which compliance with applicable height limitations would entail, in comparison with improvements to architectural design which may be feasible with an increase in permitted height;
(3)
Degree of change in visual impacts to nearby public roads and/or private properties which would result if an increase in height were to be permitted in comparison to visual impacts from development conforming to applicable height limitations; and
(4)
Potential means to mitigate visual impacts of a tall structure from point(s) of view from nearby public roads and/or private properties, whether through landscape screening, retention of existing vegetation and/or land forms, siting of tall portions of structures at considerable distance from nearby uses or public roads, or otherwise.
§ 170-1505 Fences and walls.
[Amended 3-3-2003 by Ord. No. 2003-2; 2-6-2012 by Ord. No. 2012-1; 6-15-2015 by Ord. No. 2015-6; 7-17-2017 by Ord. No. 2017-2; 4-4-2022 by Ord. No. 2022-04; 9-15-2025 by Ord. No. 2025-04]
A.
Permit requirements. A permit is required for the installation or replacement of all fences, except as noted in § 170-1505B, exceeding 40 feet in length and within the front, rear or side setback areas in accordance with the following:
(1)
The following shall be submitted with a permit application:
(a)
A plot plan of the subject property that accurately depicts the following: the boundaries of the property, rights-of-ways and easements, structures, location of proposed fence and fence gates. The plot plan may be an informal sketch plan, not necessarily to exact scale.
(b)
Fence dimensions, including height and width of fence gates.
(c)
Details of the fence foundation (such as concrete footings, t-posts, post spikes and post anchors), fence type and fence materials.
(2)
The property owner or contractor shall notify the PA One Call System before installation or permit application submission.
B.
C.
General standards applicable to all fences and walls.
(1)
A fence or wall within the required front building setback area shall have an opening or an operable gate with a minimum width of 3 feet. There shall be a minimum of one opening or operable gate along each street frontage.
(2)
A fence or wall within the required front building setback area shall be set back a minimum of 10 feet from the future right-of-way.
(3)
If one side of a fence is smoother or more finished than the other side of the fence, the smoother or more finished side shall face onto any abutting lot or public road. The finished side shall also be considered the side without structural support members.
(4)
An open fence higher than six feet and not exceeding ten feet is permitted to enclose a recreation facility such as a tennis court or ground mounted solar energy system if the fence is integral to such use and complies with the required building setbacks applicable to the zoning district.
(5)
Where landscaping is required as a buffer around a use, all fencing shall be located on the inside of the landscaping, except for an open fence if constructed of wood or materials with a similar appearance.
(6)
This section shall not restrict retaining walls that are necessary to hold back slopes, nor walls of a building that are permitted by this chapter.
(7)
No fence or wall shall be constructed on a property within the existing or future right of-way of a street, nor in any location that would obstruct a permanent easement, unless permission is granted in writing by the easement holder.
(8)
Fences and their support materials shall be placed entirely within the boundaries of the property being fenced. If the property owner cannot demonstrate that the property line location is known and identified in the field, as well as on the permit plan, the Zoning Officer may require a survey of the property be completed by a professional land surveyor or professional engineer to determine the precise limits of the property.
(9)
Any fence or wall which, in judgement of the Zoning Officer, is unsafe, dangerous or a threat to the public health and safety shall be repaired, replaced or removed at the expense of the property owner.
(10)
Regulations for fencing associated with wireless communications facilities are set forth in Article XXV, Wireless Communications Facilities, and those provisions are the applicable standards to apply to such fencing.
(11)
Regulations applicable to fencing associated with surface land uses affiliated with transmission pipelines are set forth in § 170-1612A(3)(b).
(12)
Regulations applicable to fencing associated with principal solar energy systems are set forth in § 170-1618C(1).
D.
Fences and walls located on lots with residential use. In addition to general standards described in § 170-1505C, fences and walls on lots with a residential use shall comply with the following:
(1)
A fence located within the required front building setback area shall be an open fence and shall have a maximum height of five feet.
(2)
A wall within the required front building setback area shall not exceed a height of four feet.
(3)
A fence or wall located within a minimum principal building setback area, other than the minimum front building setback, shall have a maximum height of six feet. Decorative post tops may extend above six feet except that a total height of a fence with said post tops shall not exceed seven feet.
(4)
No razor, barbed wire, spikes or electric fencing shall be placed upon a fence or wall.
E.
Fences and walls located on lots with nonresidential use. In addition to general standards described in§ 170-1505C, fences and walls on lots with a nonresidential use shall comply with the following:
(1)
A fence or wall shall not exceed a height of five feet within the minimum front building setback area and eight feet in any other minimum principal building setback area.
§ 170-1506 Environmental performance standards.
A.
No use shall be permitted which is noxious or offensive in the immediately surrounding area by reason of odor, dust, smoke, gas, vibration, illumination, or noise, or which constitutes a public hazard whether by fire, explosion, or otherwise. The sole exception to these requirements shall be with regard to normal and customary agricultural practices conducted in compliance with the applicable provisions of § 170-1609 of this chapter. In determining whether a proposed use is noxious, hazardous, or offensive, the burden of proof is on the applicant and will be judged by the following criteria. The proposed operation shall not:
(1)
Constitute any nuisance whatsoever beyond the boundary of the site on which the use is located by reason of dissemination of noxious, toxic, or corrosive fumes, smoke, odor, or dust. All equipment shall be operated by electric power, gas, or other smokeless fuel.
(2)
Result in noise or vibration exceeding the average intensity of noise or vibration occurring from other causes at the boundary line.
(3)
Endanger surrounding areas by reason of the potential for fire or explosion.
(4)
Produce objectionable heat, glare, or radiation beyond the property line.
(5)
Result in electrical disturbance in nearby residences, or adversely affect the operation of equipment other than on the property on which the disturbance is located.
(6)
Engage in the storage of nonhazardous waste material (as defined by Pennsylvania Act 97 of 1980, as amended, the Solid Waste Management Act, 35 P.S. § 6018.101 et seq.) on the lot for any period beyond 30 days.
(7)
Engage in the production, treatment, or storage of toxic or hazardous waste (as defined by Pennsylvania Act 97 of 1980, as amended, the Solid Waste Management Act, 35 P.S. § 6018.101 et seq.). Any use or disposal of toxic or hazardous material or waste shall conform to the terms of § 170-1517E of this article.
(8)
Create any other objectionable condition in an adjoining area which will endanger public health and safety or be detrimental to the proper use of the surrounding area.
B.
Any use proposed under the terms of this chapter shall conform to all applicable regulations of the Pennsylvania Department of Environmental Protection and the Chester County Health Department, and with the Township Act 537 Sewage Facilities Plan (35 P.S. § 750.1 et seq.), regarding the treatment and disposal of industrial or sanitary wastes.
C.
All utilities shall be installed below ground.
D.
Where required by the Township, an applicant for a proposed use shall demonstrate that adequate provisions will be made to reduce and minimize any objectionable elements to the degree necessary to ensure that the proposed use will comply satisfactorily with the above standards. Where so required, the applicant shall submit supplemental information and plans. The Township may solicit the expert advice of official agencies or private consultants and such reasonable tests as are deemed necessary, the costs of which shall be borne by the applicant.
§ 170-1507 Landscaping and site design.
A.
Any portion of a lot, site, or tract which is not used for buildings or structures, loading or parking spaces and aisles, or other impervious surfaces or designated storage areas shall be planted with an all-season ground cover. A major objective for such ground cover shall be to prevent soil erosion and sedimentation off the site.
B.
Any use or activity proposed as part of a subdivision or land development shall further comply with the requirements for shade trees, street trees, and other landscaping components stipulated in Chapter 149, Subdivision and Land Development.
C.
There shall be no plantings, ground cover or other objects placed within the road right-of-way above 18 inches in height.
§ 170-1508 Screening.
[Amended 12-5-1994 by Ord. No. 94-6; 3-3-2003 by Ord. No. 2003-2]
A.
A completely planted visual barrier or landscape screen, of sufficient density not to be seen through and of sufficient height to constitute an effective screen and give maximum protection and immediate visual screening, shall be provided and continually maintained between any industrial, office, or C-1 Commercial District and any contiguous residentially-zoned district; any multifamily residential use and any contiguous single-family detached or two-family residential use; any use by special exception permitted in the Commercial District and any other use; and any new or expanded nonresidential principal use that abuts an existing residential use. Specific buffer requirements, as contained in the use districts, shall be considered to have fulfilled the obligations herein.
B.
Water towers, storage tanks, processing equipment, fans, skylights, cooling towers, communication towers, vents and any other structures or equipment which rise above the roof line shall be architecturally compatible, or shall be effectively shielded from view from any public or private street by an architecturally sound method which shall be approved, in writing, by the Township before construction or erection of said structures or equipment.
C.
In any case in which screening of a parking lot is required, such screening shall include appropriate planting, such as a compact evergreen hedge, or a masonry wall or ornamental structure, which shall be not more than four feet in height. Any such wall or similar structure shall enclose the parking lot and shall be in harmony with the general architectural design of the principal building or buildings.
D.
For the purposes of this section, the following criteria shall apply:
(2)
Complete plant visual screening shall not be required along the primary front lot line of a lot.
(3)
Required landscaping and any berming shall be designed to have a naturalistic appearance with a mix of plant species. Straight rows of the same species of shrubs shall generally not be used to meet Township requirements. Plants with a large mature size should be planted at offsets to allow room for growth. The species, sizes and locations of plantings proposed to be used shall be shown on development plans.
§ 170-1509 Storage.
The following standards shall apply to the storage of all man-made materials:
A.
Storage for periods in excess of 30 days shall be screened from view of any public right-of-way and any contiguous residential use. Screening shall consist of continuous evergreen plantings and/or include an architectural screen.
B.
No storage shall be permitted within the front yard of a lot.
C.
No merchandise, goods, articles, or equipment shall be stored, displayed, or offered for sale outside any building except seasonal articles which are too large or otherwise infeasible to be stored indoors. Such articles shall be stored adjacent to the principal building housing the commercial use, and shall be enclosed by either walls or opaque fencing designed to be architecturally compatible with the building. Such enclosure shall be at least six feet high. Any outdoor display area shall be considered sales floor area for purposes of computing building coverage and parking requirements.
D.
Any organic refuse and garbage shall be stored in tight, verminproof containers. On multifamily, commercial, or industrial properties, solid waste storage shall be centralized to expedite collection. Storage containers shall be enclosed on three sides with masonry walls and shall be architecturally screened.
E.
Flammable and combustible liquids, solids, or gases shall be stored in accordance with the Township Fire Code.[1] There shall be no storage of hazardous waste anywhere within the Township, including temporary storage in a parked vehicle. Hazardous waste shall be as defined in Pa. Act 97-1980, the Solid Waste Management Act (35 P.S. § 6018.101 et seq.), or any subsequent amendment or revision thereto.
F.
Any establishment which furnishes carts or mobile baskets as an adjunct to shopping shall provide definite locations within the required parking areas for storage of said carts. Each designated storage location shall be clearly marked for storage of shopping carts. Signs indicating the storage locations shall not be considered as regulated by the provisions of Article XVIII.
§ 170-1510 Access and traffic control.
In order to minimize traffic congestion and hazard, control street access in the interest of public safety, and encourage the orderly development of street or highway frontage, the following regulations shall apply. Where the requirements of §§ 170-1511 and/or 170-1512 are applicable and are more stringent than the provisions of this section, those requirements shall govern.
A.
No parking lot or area for off-street parking or for the storage or movement of motor vehicles shall abut directly a public street or highway unless separated from the street or highway by a raised curb, a barrier planting strip, wall or other effective barrier against traffic, except for necessary accessways. The minimum setback from the street line to the parking area shall be equal to that specified in § 170-1701D of this chapter. Each parking lot shall have not more than two accessways to any one public street or highway for each 500 feet of frontage. Where practicable, access to parking areas shall be provided by a common service driveway or minor street in order to avoid direct access on a major street or highway. Except for flares and curb returns, no such accessway shall be more than 35 feet clear in width.
[Amended 5-2-2005 by Ord. No. 2005-4]
B.
In the case of any multifamily residential development, commercial use, industrial use, or any other nonresidential use, excepting municipal use, the following regulations shall apply:
[Amended 9-15-2008 by Ord. No. 2008-1; 4-4-2022 by Ord. No. 2022-03]
(1)
All parking, loading, or service areas used by motor vehicles shall be located entirely within the lot lines of the property or center.
(2)
All buildings shall front upon a marginal street, service road, common parking lot or similar area, and not directly upon a public street or highway.
(3)
All accessways to a public street or highway shall be located not less than 300 feet from the intersection of any street lines.
(4)
All streets and accessways shall be designed in a manner conducive to safe exit and entrance.
(5)
Any additional traffic signals and acceleration and deceleration lanes deemed necessary upon review by the Board of Supervisors to provide safe and adequate access to the property shall be provided by the developer.
§ 170-1511 Establishment of future right-of-way widths for streets.
[Amended 3-3-2003 by Ord. No. 2003-2]
A.
Purpose. To reserve adequate rights-of-way for future circulation improvements, including road widenings, sidewalks, and bikeways.
B.
Widths. The following future rights-of-way shall be reserved for future dedication along each public street:
Future Right of-Way (feet) | ||
|---|---|---|
Minor residential service | 50 | |
Local street | 50 | |
Collector street | 60 | |
Routes 926 and 352 | 80 | |
U.S. Route 202 and PA Route 3 | 120 |
C.
Ownership and maintenance. Building setbacks adjacent to streets shall be measured from the future right-of-way, not the existing street right-of-way, regardless of whether or not the future street right-of-way has been dedicated. The adjacent property owner shall be responsible to maintain the area between the road shoulder and the future right-of-way line. See provisions in Chapter 149, Subdivision and Land Development, regarding dedication of the future right-of-way.
D.
If the right-of-way is dedicated from an existing lot line along an existing public street, and as a result the width or lot area does not conform to the district regulations, then the lot shall not be regulated as a nonconforming lot.
§ 170-1512 Access to Route 202.
A.
Right-hand turns. A land use with direct access onto and off of U. S. Route 202 shall not have either left-hand turns from the use onto Route 202 or left-hand turns from Route 202 to the use. This section shall neither apply to left-hand turns at official traffic signals nor to uses that were served by left-hand turns onto and/or off of Route 202 prior to the adoption of this section. However, if any land use that was served by left-hand turns onto and/or off of Route 202 prior to the adoption of this section is to be replaced with a land use that will generate more total weekday traffic, left-hand turns shall be prohibited onto and off of Route 202 from the use. Traffic generation comparisons shall be based upon the Traffic Generation Manual of the Institute of Traffic Engineers. Appropriate measures should then be taken to encourage the Pennsylvania Department of Transportation to erect a median barrier across any curb cut in Route 202 in that location, if determined to be reasonable by the Board of Supervisors.
B.
Alternative access to Route 202.
(1)
Specific intent. The purpose of this section is to discourage direct vehicular access from uses directly onto and off of U. S. Route 202, to avoid serious traffic hazards from increased numbers of vehicular access points along Route 202, and to encourage alternative access by using existing collector, local, and stub roads. Access onto Route 202 can thereby be provided through a rational and reasonable hierarchy of roads and access points.
(2)
For all uses, specifically residential uses, proposed within 300 feet of the future right-of-way of Route 202, if a reasonable alternative means of access is available by means of an existing street other than Route 202, uses shall be prohibited from having direct vehicular access onto and off Route 202. This requirement may be waived at the discretion of the Board of Supervisors if the requirement for alternative access would be unreasonable, cause a serious hardship to the applicant, or be impracticable given the type of use proposed.
§ 170-1513 Interior circulation and access.
A.
General design. Interior drives shall be the minimum widths specified below and shall be designed so as to prevent blockage of vehicles entering or leaving the site. Drives may be one-way or two-way. Areas provided for loading and unloading of delivery trucks and other vehicles, and for the servicing of shops by refuse collection, fuel, and other service vehicles, shall be so arranged that they may be used without:
B.
Minimum interior drive widths.
[Amended 9-15-2008 by Ord. No. 2008-1]
Two-Lane Two-Way Drives (feet) | One-Lane One-Way Drives (feet) | ||||
|---|---|---|---|---|---|
Use | Paved | Row | Paved | Row | |
Multifamily residential | 24 | 50 | 14* | 20 | |
Commercial and all other | 28 | 50 | 14* | 30 | |
NOTES: * If one-lane, one-way drive is also used for fire access: minimum of 20 feet. | |||||
C.
Paving. Interior drives shall be paved with an all-weather surface and provided with curbs and drainage in conformance with the requirements of § 149-915 of Chapter 149, Subdivision of Land. As determined by the Board of Supervisors, interior drives designed as continuous collector road(s) to provide internal through connection(s) between existing collector and/or arterial roads, which link any proposed use or development to existing or proposed intersections, or other points of controlled and/or signalized access to collector and/or arterial highway(s), shall be paved in accordance with § 149-910 of Chapter 149, Subdivision of Land.
[Amended 9-15-2008 by Ord. No. 2008-1]
D.
Fire lane easements.
(1)
No multifamily residential, commercial, or industrial building shall be located more than 150 feet from a duly dedicated, improved, and accessible fire lane easement, as defined herein, nor more than 600 feet from a duly dedicated, accessible, and improved public street. If any such building is located further than 600 feet from a public street, then a subdivision plan must be filed and approved by the Board before the development plan shall be considered for approval.
(2)
Fire lane easements shall have a minimum unobstructed right-of-way width of 40 feet, and there shall be constructed within this right-of-way an all-weather and well-drained cartway surface with a minimum width of 20 feet. The extension of fire lane easements shall begin from one or more existing and improved public streets.
(3)
Fire lane easements which curve, turn, or change direction shall have a minimum radius of 55 feet at the pavement. Fire lane easements containing reverse curves shall have a minimum center line tangent length of 50 feet between curves.
(4)
Dead-end fire lane easements shall be terminated with an unobstructed vehicular turnaround or cul-de-sac with a minimum right-of-way radius of 45 feet, and shall have a minimum surfaced radius of 35 feet. Dead-end fire lane easements shall have a maximum length of 400 feet.
(5)
The location of fire lane easements shall conform to plans for the extensions of streets, sanitary sewers, water mains, storm sewers, and other drainage facilities and public utilities, as prescribed in this chapter and other ordinances of the Township, and shall provide adequate access to buildings by firemen and other emergency services.
E.
New, relocated or intensified driveways. Any vehicle driveway that is newly developed, relocated, or converted from serving a residential use to serving a principal nonresidential use shall meet the driveway requirements of § 149-915, regardless of whether a subdivision or a land development is involved.
[Added 3-3-2003 by Ord. No. 2003-2]
§ 170-1514 Outdoor lighting.
[Amended 3-3-2003 by Ord. No. 2003-2]
A.
Purpose. The purpose is to require and set minimum standards for outdoor lighting to:
(1)
Provide lighting in outdoor public places where public health, safety and welfare are potential concerns during hours of darkness.
(2)
Protect drivers and pedestrians from the glare of nonvehicular light sources that shine directly into their eyes or reflect off surfaces and thereby impair safe traverse.
(3)
Protect neighbors and the night sky from direct glare and stray light from poorly aimed, placed, applied, maintained or shielded light sources.
B.
Applicability.
(1)
Outdoor lighting shall be required for safety and personal security for uses that operate during hours of darkness where there is public assembly and traverse, including but not limited to the following uses: all residential developments, commercial, industrial, public-recreational and institutional.
(2)
Appropriate officers or agents of the Township may require that lighting be incorporated for other uses or locations, as they deem necessary.
(3)
The glare, light trespass and light pollution requirements herein contained apply to lighting in all above-mentioned uses, as well as, but not limited to, lighting for signage, architectural, site/landscape, recreational and residential uses and all jurisdictions, including public, private and municipal.
C. CANDELA FOOTCANDLE FULL CUTOFF GLARE ILLUMINANCE LIGHT TRESPASS LUMEN LUMINAIRE (LIGHT FIXTURE) LUMINANCE LUX NON CUTOFF
Definitions. As used in this section, the following terms shall have the meanings indicated:
Unit of luminous intensity of a source in a given direction.
A unit of illuminance equal to one lumen per square foot and measurable with an illuminance meter (footcandle or light meter).
A luminaire light distribution where zero candela intensity occurs at or above an angle of 90° above nadir. Additionally, the candela per 1,000 lamp lumens does not numerically exceed 100 (10%) at or above a vertical angle of 80° above nadir. This applies to all lateral angles around the luminaire.
The sensation produced by luminances within the visual field, which are sufficiently greater than the luminance to which the eyes have adapted, and which causes annoyance, discomfort or loss in visual performance and visibility.
The quantity of light at a point on a surface measured in footcandles or lux. Horizontal footcandles are perpendicular to a horizontal surface. Vertical footcandles are perpendicular to a vertical surface.
Light emitted by a lighting installation, which extends beyond the boundaries of the property on which the installation is sited, and which is considered unwelcome or undesirable.
Unit of luminous flux, amount of light emitted from a source.
A complete lighting unit consisting of a lamp, or lamps and ballast (when applicable), together with the parts designed to distribute light.
The luminous intensity of a surface of a given projected area, in a given direction, and measurable with a luminance meter.
A unit of light intensity stated in lumens per square meter. There are approximately 10.7 lux per footcandle.
A luminaire light distribution where there is no candela limitation in the zone above maximum candela.
D.
Design criteria.
(1)
Illuminance.
(a)
Lighting, where required by this chapter, shall have intensities and uniformity ratios in accordance with the current recommended practices of the Illuminating Engineering Society of North America (IESNA), unless deemed inappropriate or unnecessary by independent lighting consultants retained as experts by the Township. Such recommended practices are contained in the IESNA Lighting Handbook, RP-33-99 Lighting For Exterior Environments, RP-8-00 Roadway Lighting, and other IESNA Recommended Practices for specific activities such as sports lighting.
(b)
Future amendments to IESNA practices shall become a part of this chapter without further action of the Township.
(c)
Horizontal illuminances, or lighting levels, are measured at grade and are considered as maintained during the life of the lighting system in use.
(d)
Lighting uniformity ratios determine areas of insufficient or excessive illuminances. Uniformity ratios are given as average to minimum or maximum to minimum.
(e)
Examples of illumination levels for typical outdoor applications, as extracted from the IESNA RP-33-99 and RP-8-00 Recommended Practices, are presented below.
Uniformity Ratios | ||||
|---|---|---|---|---|
Classification | Maintained Average Illumination Levels (Lux/ Footcandles) (See Note 2) | (Average: Minimum) (Note 3) | (Maximum: Minimum) | |
Streets and roadways | ||||
Local commercial | 9/0.9 average minimum 12.0/1.2 average maximum | 6:1 | ||
Local residential | 4/0.4 average minimum 7/0.7 average maximum | 6:1 | ||
Parking (Commercial/ institutional, industrial/municipal use) | ||||
High activity (e.g., major athletic/civic/ cultural events; fast food, etc.) | 10/1 average minimum 20/2 average maximum | 5:1 | 20:1 | |
Medium activity (e.g., hospitals, community shopping centers, office parks, commuter lots, etc.) | 5/0.5 average minimum 10/1 average maximum | 5:1 | 20:1 | |
Low activity (e.g., schools, churches, neighborhood shopping, multifamily developments, etc.) | 2/0.2 average minimum 5/0.5 average maximum | 5:1 | 20:1 | |
Sidewalks and bikeways | 5/0.5 average minimum 20/2.0 average maximum | 4:1 | ||
Building entrances (Commercial/industrial/ institutional) | 25/2.5 average minimum 50/5.0 average maximum | 5:1 | ||
Service station dispenser areas | 50/5 average minimum 200/20 average maximum | 5:1 | ||
Car dealerships | 20/2.0 average minimum 100/10 average maximum | 5:1 | ||
NOTES (Apply to all classifications): | |
|---|---|
1 | Illumination levels are maintained horizontal at grade. |
2 | Maximum average illuminance levels are applicable to commercial areas with high nighttime pedestrian activities or areas with light (brightly illuminated) surroundings. |
3 | Uniformity ratios dictate the lowest illuminance allowable based on the average selected. For example, in high activity parking areas with two fc average, the minimum level would be 2/5 or .4 fc. |
(2)
Luminaire design.
(a)
Luminaire shall be of a type and design appropriate to the lighting application.
(b)
For lighting horizontal tasks such as roadways, sidewalks, entrance drives and parking areas, luminaires shall meet IESNA full-cutoff criteria (no light output emitted above 90° at any lateral angle around the fixture).
(c)
Noncutoff luminaires may be approved by the Zoning Officer for historical post top luminaires, provided the source is less than 2,000 initial lumens.
(d)
The use of floodlighting, spotlighting, wall-mounted fixtures, decorative globes and spheres and other fixtures not meeting IESNA full-cutoff criteria shall be permitted only with the approval of the Township, based upon applicability in retaining the rural character of the Township and achieving acceptable glare control.
(e)
When requested by the Township, luminaires shall be equipped with or be modified to incorporate light directing and/or shielding devices such as shields, visors, skirts or hoods to redirect offending light distribution and/or reduce direct or reflected glare.
(f)
NEMA-head fixtures, a/k/a "barn lights" or "dusk-to-dawn lights" shall not be permitted where they are visible from other uses, unless fitted with optical hardware to render them full cutoff.
(3)
Control of nuisance and disabling glare.
(a)
All outdoor lighting, whether or not required by this chapter on private, residential, commercial, industrial, municipal, recreational or institutional property, shall be aimed, located, designed, fitted and maintained so as not to present a hazard to drivers or pedestrians by impairing their ability to safely traverse and so as not to create a nuisance by projecting or reflecting objectionable light onto a neighboring use or property.
(b)
All outdoor luminaires shall be shielded in such a manner that no light is emitted above a horizontal plane passing through the lowest point of the light emitting element, so that direct light emitted above the horizontal plane is eliminated. All outdoor luminaires that illuminate the area under outdoor canopies shall comply with the requirement. Outdoor canopies include, but are not limited to, the following applications:
(c)
Floodlights and spotlights shall be so installed or aimed that they do not project their output into the windows of neighboring residences, adjacent properties, skyward or onto a public roadway. The use of searchlights or laser source lights for advertising or entertainment purposes is prohibited without a special permit.
(d)
Unless otherwise permitted by the appropriate officers or agents of the Township, e.g., for safety or security or all-night operations, lighting for commercial, industrial, public recreational and institutional applications shall be controlled by automatic switching devices such as time clocks or combination motion detectors and photcells, to permit extinguishing outdoor lighting fixtures between 11:00 p.m. and dawn, to mitigate nuisance glare and sky-lighting consequences.
(e)
Lighting proposed for use after 11:00 p.m., or after the normal hours of operation for commercial, industrial, institutional or municipal applications, shall be reduced by 75% from then until dawn, unless supporting a specific purpose and approved by the appropriate officers or agent of the Township.
(f)
All illumination for buildings and/or surrounding landscapes for decorative, advertising or aesthetic purposes is prohibited between 11:00 p.m. and sunrise, except that such lighting situated on the premises of a commercial establishment may remain illuminated while the establishment is actually open for business, and until one hour after closing.
(g)
Vegetation screens shall not be employed to serve as the primary means for controlling glare. Rather, glare control shall be achieved primarily through the use of such means as cutoff fixtures, shields and baffles and appropriate application of fixture mounting height, wattage, aiming angle and fixture placement.
(h)
In no case shall the intensity of illumination exceed 0.1 horizontal, and 0.1 vertical footcandles. Horizontal footcandles shall be measured at grade. Vertical footcandles shall be measured line-of-sight, five feet above grade at the property line.
(i)
Externally illuminated signs and billboards shall be lighted by fixtures mounted at the top of the sign and aimed downward. Such fixtures shall be automatically extinguished between the hours of 11:00 p.m. and dawn, except as specifically approved by appropriate officers or agents of the Township.
(j)
Mounting height. Lighting fixtures shall be mounted at a maximum total height of 20 feet above the ground, except such height shall be reduced to 16 feet within residentially used properties or within 200 feet of a residentially used lot, except for authorized institutional use. This height limitation shall not apply to lights needed for air safety, that solely are intended to illuminate a steeple or similar architectural feature, or that illuminate outdoor public recreation facilities.
(k)
For land development applications where lighting is required (i.e., zoning hearings, conditional use hearings), the credentials of the expert in outdoor lighting shall be described in writing. If the expert testimony is provided by more than one person, the credibility of each expert may be weighed by the Township.
(l)
Directional fixtures for such applications as facade, fountain, feature and landscape illumination shall be aimed so as not to project their output beyond the objects intended to be illuminated, shall be extinguished between the hours of 11:00 p.m. and dawn and shall not be in conflict with the Township's aim to maintain its rural character.
(m)
The use of white strobe lighting for tall structures such as smokestacks, chimneys and radio/communications/television towers is prohibited. No exterior luminaire shall have blinking, flashing or fluttering features.
(n)
This subsection shall not restrict routine types of holiday lighting between November 15 and January 5, provided such lighting does not produce glare. No beacon light or nighttime strobe light shall be permitted. This subsection shall not restrict lights necessary to meet Federal Aviation Administration requirements.
(4)
Installation.
(a)
Setbacks. Exterior light fixtures for principal nonresidential uses shall be set back a minimum of 10 feet from a lot line of a dwelling, except for lighting necessary to illuminate pedestrian walkways or vehicle ingress or egress points.
(b)
Lighting fixtures shall not be mounted in excess of 20 feet above grade.
(5)
Permanent recreational and sports lighting and nighttime events. Subject to the conditions listed herein, permanent outdoor illumination for active recreational and sports facilities accessory to public, private, and parochial schools, universities and colleges and for passive non-recreational nighttime events shall be permitted when approved as a conditional use by the Westtown Township Board of Supervisors.
[Added 7-6-2009 by Ord. No. 2009-4]
(a)
Permanent recreational and sports lighting shall be defined as recreational and sports lighting that is permanently installed in a fixed location and not portable and associated with nighttime events.
(b)
Before a conditional use is granted for recreational and sports lighting and nighttime events, the applicant will conduct traffic and parking studies and report the results to Westtown Township to determine if parking, vehicle access and egress, pedestrian walkways, and site lighting are adequate for handling the most well-attended anticipated events. The studies shall be prepared by a qualified traffic consultant and shall enable the Township to identify traffic and/or parking problems associated with such events. The studies shall identify solutions and recommend improvements to mitigate adverse impacts of the lighted events, if any are found to exist.
(c)
An annual permit application shall be required to be submitted to the Township 45 days before the start of each sports and recreation year that a permanent recreational and sports lighting installation is proposed to be utilized. A permit fee schedule shall be established by resolution of the Board of Supervisors each year to cover all costs to the Township to include, but not limited to, the following:
[1]
Special police detail from the Westtown East Goshen Police Department to control traffic, parking and on-site security for any lighted event as determined by the Board of Supervisors based on type of event.
[2]
Trash cleanup by Township Public Works employees on the roads and properties surrounding the campus as soon as possible after the lighted event as determined by the Board of Supervisors based on the type of event.
(d)
Granting of such a permit is conditioned upon the discretion of the Board of Supervisors which shall consider past compliance with the terms of this Subsection D(5) and (6), §§ 116-1 and 116-2 of Chapter 116, § 170-1506 of this chapter and with any subsequent ordinances related to noise and peace and good order.
(e)
All outdoor illumination as described in this subsection shall comply with the following standards and conditions:
[2]
The maximum mounting height as measured from the finished grade of the playing field to the top of the highest fixture of recreational and sports lighting fixtures permitted by this subsection shall be as follows:
[3]
Higher mounting heights for football, lacrosse and soccer, not to exceed 85 feet under any circumstances, may be considered by conditional use application when it can be demonstrated to the satisfaction of the Township that the higher mounting height is essential to meet or exceed the other requirements of this section while still controlling off-site glare, light trespass and daytime visibility of the light fixtures as viewed from off site.
[4]
The lighting shall be accomplished only through the use of full cutoff or fully shielded fixtures that employ suitable shielding. Such lighting shall be designed, installed, aimed, and maintained so that neither lamps (bulbs) nor primary reflecting surfaces shall be visible from any window of residential properties within a radius of 1,800 feet of the boundary of lighted field. The fixtures shall not present a hazard to drivers or pedestrians by projecting glare that impairs their ability to safely traverse streets, driveways, sidewalks, pathways and trails. The fixtures shall be mounted at an appropriate height, angle, and location to comply with the above conditions.
[5]
For a recreational or athletic sporting event, such as football, soccer, field hockey, or lacrosse, or marching band cavalcade, the sports lighting system may only be energized in conjunction with any of the following events, and no others:
[a]
An event directly related to and under the control of the educational or sports program of the school, university or college where the lights are located; no private organizations may use the school, university or college facility for lighted events.
[b]
A field practice for such event.
[c]
A playoff or championship game.
[6]
For a recreational or athletic sporting event, such as football, soccer, field hockey, lacrosse or marching band cavalcade, utilization of the sports lighting system is subject to the following restrictions:
[a]
A maximum of 30 lighted events per calendar year will be permitted on any one campus where permanent lighting is provided. Up to three additional lighted events shall be permitted each year for playoffs or championship games not part of the regular schedule of events.
[Amended 9-16-2019 by Ord. No. 2019-06]
[b]
The lights must be extinguished no later than 10:00 p.m.
[c]
A school, university or college having been granted permission to illuminate a recreational facility may make formal application to the Board of Supervisors to extend the curfew hour past 10:00 p.m., not to exceed four evenings annually. The Board's decision to allow or not allow an extension of operating hours of the sports lighting shall be based in part on consideration of potential adverse consequences to adjacent residential properties.
[d]
All light posts shall be set back at least 50 feet from the property boundary.
[e]
As a part of the process of seeking approval, the school, university or college proposing to use outdoor lighting as permitted herein shall submit a lighting plan and associated information to the Township in conformity with § 170-1514F(1). In addition, the applicant shall submit a visual impact plan that demonstrates to the satisfaction of the Township that ordinance light trespass and direct glare requirements have been met.
[f]
If for any school year the lights are used for more than the number of events allowed under this subsection, either per week or per year (or exceed the time limit allowed for the event), then the maximum number of allowable events for the next school year shall be decreased by the number of events which exceeded the maximum number allowable in the previous year.
[g]
If, for any reason, the number of violations described in § 170-1514D(5)(e)[6][f] exceeds five, the annual permit as required by § 170-1514D(5)(b) shall be revoked and no more lighted events may be held for the remainder of the year.
[7]
Golf driving ranges, racetracks, trap-shooting facilities and other sports necessitating the horizontal or near-horizontal projection of illumination shall not be artificially illuminated.
[8]
Illuminances for recreational and sports lighting shall be in accordance with and shall not exceed the values contained in the latest edition of IESNA RP-6, Recommended Practice for Sports and Recreational Area Lighting. Illuminances shall be based on Class II play.
[9]
The maximum luminance from any light source, including scoreboards, shall not exceed 2,000 cd/m2 as viewed from any location off site.
[10]
Modifications to installed lighting systems in conformance with the provisions of this article that would result in higher aiming angles, greater direct glare and/or greater off-site light trespass shall require a permit.
[11]
The amount of spill light from a sports/recreation facility as measured on adjacent properties or properties separated from the property of the school with the lighted field only by a public road, utility property or easement, shall not exceed 0.2 footcandle, horizontal or vertical, at any height or location on that property.
[12]
The installation of permanent recreational and sports lighting shall be limited to one playing field on any one campus.
[13]
The entity on whose premises the sports/recreation facility is situated shall be responsible for monitoring and reporting. Records of usage of lighting systems shall be maintained for Township inspection and shall be submitted as part of the annual permitting application.
[14]
As a condition for installing permanent outdoor illumination for active recreational and sports facilities accessory to public, private, and parochial schools, universities and colleges, the Board of Supervisors shall require the applying institution to take all reasonable steps, as recommended by a sound engineer hired by the Township, to mitigate noise resulting from nighttime events and its impact on the neighborhoods nearby the lighted facility. These mitigative actions must allow the applying institution to comply with §§ 116-1 and 116-2 of Chapter 116, § 170-1506 of this chapter and with any subsequent ordinances related to noise and good order.
[15]
If a sound amplification system will be used in conjunction with nighttime events permitted by this Subsection D(5) and (6), the institution shall provide a fully distributed sound system consisting of highly directional speakers in close proximity to and aimed into the seating area providing uniform coverage throughout the seating. Speakers must be selected to minimize amplification outside of the seating areas. Coverage across the playing field, if necessary, can be provided using a similar distributed system approach. The system design and performance will be subject to review and approval by the Township's engineers/consultants before permanent operation is authorized.
(6)
Temporary/portable recreational and sports lighting and nighttime events. Subject to the conditions listed herein, temporary outdoor illumination for recreational and sports events for active recreational and sports facilities accessory to public, private, and parochial schools, universities and colleges and for passive nonrecreational activities shall be permitted when approved as a conditional use by the Township Board of Supervisors. No temporary lighting shall be approved for any institution that has been granted permanent lighting on the same campus under § 170-1514D(5).
[Added 7-6-2009 by Ord. No. 2009-4]
(a)
Temporary/portable field lighting shall be defined as lighting capable of being moved from one location to another, whether moved on the same site or to another site, and is not permanently installed and aimed in a fixed position.
(b)
Temporary/portable recreational and sports lighting shall be allowed by permit issued following conditional use approval. In considering the application, the Board of Supervisors shall consider the applicant's past compliance with the terms of this § 170-1514, §§ 116-1 and 116-2 of Chapter 116, § 170-1506 of this chapter and with any Township ordinances related to and regulating noise. The approval shall be subject to those conditions imposed by the Board of Supervisors in the conditional use decision and to the following requirements:
[1]
All such lighting shall be extinguished no later than 9:30 p.m., regardless of overtimes or extra innings, except that the Township may grant permission to allow the shut-off time to be extended to 10:00 p.m. on a per-event basis when application is made and a justifiable special need is presented.
[2]
The permit application shall be submitted in writing to the Township as directed by the conditional use decision.
[3]
The permit application shall be signed by the owner of the field on which the temporary/portable lighting is to be employed or by the field owner's official designee.
[4]
The entity on whose premises the sports/recreation facility is situated shall be responsible for monitoring and reporting. Records of usage of lighting systems shall be maintained for Township inspection and shall be submitted as part of the annual permitting application.
[5]
A maximum of 20 lighted events per school year shall be permitted on any one campus where temporary/portable sports lighting has been allowed. Only the activities that conform to all of the following restrictions and all other terms of § 170-1514D(6) will not be counted toward the total permissible lighted events:
[6]
Temporary/portable recreational and sports lighting shall not be operated simultaneously with permanent recreational and sports lighting on the same campus.
[7]
Individual lighting fixture heads shall be aimed in such a manner that their interior reflective surfaces and lamp shall not be directly visible to the extent of creating a nuisance as viewed from the interior of any residence within view of the sports recreation facility.
[8]
Electric generators powering the portable lighting fixtures shall be located sufficiently far from adjacent residential uses so fuel odors, engine noise and/or exhaust fumes do not create a nuisance to adjacent residential uses.
[9]
Permit application shall include an impact statement that details what specific steps will be taken to mitigate potential negative off-site impact and what steps will be taken to respond to potential complaints from neighbors.
E.
Maintenance. Lighting fixtures and ancillary equipment shall be maintained so as always to meet the requirements.
F.
Plan submission.
(1)
For subdivision and land development applications where site lighting is required or proposed, lighting plans shall be submitted to the Township for review and approval and shall include:
(a)
A site plan, complete with all structures, parking spaces, building entrances, traffic areas (both vehicular and pedestrian), vegetation that might interfere with lighting, and adjacent use that might be adversely impacted by the lighting. The plan shall contain a layout of all proposed fixtures by location and type.
(b)
Isofootcandle plots for individual fixture installations, or 10 feet by 10 feet illuminance-grid plots for multifixture installations, which demonstrate compliance with the intensity and uniformity requirements as set forth in this chapter. Also, vertical footcandles at property line, five feet above finished grade and horizontal footcandles at grade, at property line.
(c)
Description of the proposed equipment, including fixture catalog cuts, photometrics, glare reduction devices, lamps, on/off control devices, mounting heights, pole foundation details and mounting methods.
(2)
Appropriate officers or agents of the Township may elect, at their discretion, to require that lighting plans for other than subdivision and land development applications also be submitted to the Township for review and approval.
(3)
When requested by appropriate officers or agents of the Township, the applicant shall also submit a visual-impact plan or sections that demonstrates appropriate steps taken to mitigate on-site and off-site glare and to retain the rural character of the Township (i.e., topographic information or burms).
(4)
Postapproval alterations to lighting plans or intended substitutions for approved lighting equipment shall be submitted to the Township for review and approval.
(5)
Plan verification shall be submitted to the Township after the final installation to demonstrate compliance. The plan shall show light levels below typical poles, between poles and also horizontal and vertical illuminance at the property line in fifty-feet increments. Vertical levels shall be taken five feet above finished grade. The plan shall note the date and time measurements were taken.
(6)
Postinstallation inspection. The Township reserves the right to conduct a postinstallation nighttime inspection to verify compliance with the requirements of this chapter, and if appropriate, to require remedial action at no expense to the Township.
G.
Compliance monitoring.
(1)
Safety hazards.
(a)
If appropriate officers or agents of the Township determine that a lighting installation created a safety or personal-security hazard, the person(s) responsible for the lighting shall be notified in writing and required to take remedial action.
(2)
Nuisance glare and inadequate illumination levels.
(a)
When appropriate officers or agents of the Township determine that an installation produces unacceptable levels of nuisance glare, skyward light, excessive or insufficient illumination levels or otherwise varies from this chapter, the Township may give written notification to the person(s) responsible for the lighting and require appropriate remedial action.
(b)
If appropriate corrective action has not been effected within 30 days of written notification, the Township may commence legal action.
H.
Nonconforming lighting. Any lighting fixture or lighting installation existing on the effective date of this chapter that does not conform with the requirements of this chapter shall be considered as a lawful nonconformance subject to the following:
(1)
Unless minor corrective action is deemed by the Township to be an acceptable alternative, a nonconforming lighting fixture or lighting installation shall be made to conform with the applicable requirements of this chapter when:
(2)
Nonconforming lighting fixtures and lighting installations shall be made to conform with the requirements of this chapter or removed within two years after the effective date of this chapter.
I.
Modifications.
(2)
For any use or activity not subject to subdivision or land development review, where subject to application for approval of a conditional use, special exception, or zoning variance, modification(s) to the provisions of this section may be requested as part of such application.
(4)
In approving any application pursuant to Subsections I(2) or (3) above, the Zoning Hearing Board or Board of Supervisors, as applicable, as a condition of approval of such application, may permit specific modification(s) to the provisions of this section subject to the following:
(a)
The Zoning Hearing Board or Board of Supervisors, as applicable, shall determine that the specific nature of the lawful use or activity, existing site conditions, and/or safety considerations warrant such modification(s); and
(b)
Permitted modifications shall be consistent with the purposes of this section.
§ 170-1515 Noise standards.
[Amended 3-3-2003 by Ord. No. 2003-2; 4-5-2021 by Ord. No. 2021-04]
A.
Except as noted in Subsection B below, the following shall apply to specified uses and properties within the Township between the hours of 10:00 p.m. and 7:00 a.m., plus all day Sunday and legal holidays.
(1)
There shall be no nonresidential off-street loading operation.
(2)
There shall be no operation of a vehicle in excess of 8,600 pounds on the property, nor idling of any motor of such vehicle.
(3)
There shall be no outside operation for nonresidential purposes of any powered equipment, mobile refrigeration unit, powered hand tool, forklift, tractor, or other similar vehicle except for lawn maintenance, snow removal, or emergency services or repairs.
(4)
Other than police, fire, public service, or ambulance operators, no person shall sound any horn, bell, gong, siren, or whistle or make other unnecessarily loud noises except when reasonably required to prevent accidents.
(5)
There shall be no outdoor loudspeakers or similar amplification which may be heard beyond the property line.
B.
The restrictions established in Subsection A above shall not be applied to agricultural operations on properties within the Township. Agriculture shall be as defined and regulated by this chapter.
C.
For any proposed or existing use of land in which potential or actual noise impacts need amelioration, the means to ameliorate such impacts shall be proposed by the applicant and reviewed by the Township on a case-by-case basis. The use of berms, existing and installed vegetation, fencing or similar enclosure, etc., shall be considered by the Township and, where deemed suitable, may permit modification or waiver of restrictions in Subsection A above.
D.
Noise impacts upon dwellings.
(1)
Between the hours of 10:00 p.m. and 7:00 a.m., there shall be no exterior construction of buildings, driveways or parking lots or use of related construction vehicles or any commercial or industrial operations or any truck loading or unloading activities that create a noise level exceeding 55 A-weighted decibels at the exterior walls of any dwelling.
(2)
Between the hours of 7:00 a.m. and 10:00 p.m., no commercial or industrial operation or truck loading or unloading activities shall create a noise level exceeding 63 A-weighted decibels at the exterior walls of any dwelling.
§ 170-1516 Keeping of animals.
[Amended 3-3-2003 by Ord. No. 2003-2]
A.
In conjunction with agriculture.
(2)
The operation of any feed lot or pig farm, or the keeping of pigs or swine, shall be permitted so long as the property is not less than 10 acres. In addition, no such activities shall be conducted closer than 200 feet from any property line, and the area devoted to such uses shall be completely enclosed by fencing.
(3)
If a use involves an average of more than three animal equivalent units of livestock or poultry per acre of contiguous lot area, then a minimum lot area of 20 acres and special exception approval shall be required. Animal equivalent units shall be calculated using average animal weights as provided in State Nutrient Management Regulations. The raising of minks shall be prohibited. This § 170-1516A(3) shall not apply to the keeping of horses or ponies under § 170-1516B.
B.
Within any residential district, a horse barn, as defined by this chapter, shall be permitted on any property where the lot area is three acres or greater. A minimum of three acres is required to keep one horse or pony. For each acre of lot area greater than three acres, one additional horse, pony or similar animal may be kept. Such animals may be owned by the occupant of the dwelling or boarded for other persons, and may be rented out for horseback riding.
C.
General standards applicable to all properties on which animals are kept.
(1)
No animals of any kind shall be kept in any structure or elsewhere on the premises in a manner likely to cause excessive noise, unhealthy or unsanitary conditions, pollution of groundwater or surface water, or pollution of stormwater runoff leaving the property.
(2)
Permanent shelter for animals shall be provided in agricultural areas, as appropriate. Permanent shelter shall be provided for all animals in residential areas. Such shelter shall be of sufficient size for good sanitation practices and shall be equipped with adequate facilities for food, water, and manure removal and handling for the number and type(s) of animals kept. The location of shelter for small domestic animals shall conform to setback standards otherwise applicable to accessory structures. Shelter for all other animals shall be located not less than 100 feet from any lot line.
(3)
A fenced or otherwise enclosed outside area shall be provided which is capable of containing the animals kept and which is of sufficient size and properly located for good sanitation practices. Materials used for fencing shall be of sufficient sturdiness and properly designed, installed, and maintained so as to prevent straying.
(4)
Any keeping of eight or more dogs age three months or older shall require a minimum lot area of 10 acres, and any pens used for such dogs shall be set back a minimum of 250 feet from any lot line, except in connection with permitted veterinary services or a pet store.
[Amended 5-2-2005 by Ord. No. 2005-4]
§ 170-1517 Groundwater supply and protection.
A.
For any use permitted under the terms of this chapter that will necessitate approval as a subdivision or land development, the standards governing water supply as currently applicable under PA DEP regulations, DRBC regulations, EPA regulations, and Chapter 149, Subdivision and Land Development, and Chapter 80, Erosion, Sediment Control and Grading, shall be applicable.
B.
For any nonresidential use that does not involve approval as a subdivision or land development, including in particular any individual commercial structure or water-related outdoor recreation use that utilizes on-site water, the following shall apply:
(1)
The standards contained in Chapter 149, Subdivision and Land Development, shall be complied with, as deemed appropriate by the Board of Supervisors upon recommendation of the Township Engineer. All currently applicable PA DEP and EPA regulations shall apply.
(2)
The Zoning Officer may, as a prerequisite to the issuance of a building permit, use permit, and/or occupancy permit, advise the Board to require of the applicant additional information on the adequacy of the proposed water source, and the potential impacts of the proposed groundwater removal on any wells relied upon by neighboring properties.
C.
For any use authorized under the terms of this chapter, stormwater shall be managed in compliance with Chapter 149, Subdivision and Land Development. Emphasis shall be on retention and infiltration of stormwater on site, unless this is deemed by the Township to be clearly impractical or inappropriate in relation to site conditions; any alternative shall be approved by the Township Engineer.
D.
Where any aspect of the water supply system requires a permit from the Delaware River Basin Commission (including regulations governing well withdrawal of 10,000 or more gallons per day, as they may be amended), the Chester County Health Department, or any other agency, such permit shall be a prerequisite to the issuance of a building permit, use permit, or occupancy permit.
E.
Any of the following facilities may be installed, and any of the activities undertaken, in conjunction with any nonresidential use authorized under the terms of this chapter, only upon demonstration by the applicant that all reasonable measures will be taken to minimize the adverse impacts of the proposed action on the Township's groundwater resources. To minimize shall not mean to eliminate, but to make the most substantial effort possible under the circumstances to reduce the adverse effect of the action required to be minimized.
(1)
The below-ground storage of heating oil, gasoline, chemical solutions or other substances which, if released, would constitute pollutants to groundwater. The applicant shall demonstrate compliance with applicable Pennsylvania Department of Environmental Protection and United States Environmental Protection Agency regulations, as well as applicable regulations of the Pennsylvania State Police, Fire Marshal Division.
(2)
The use of fill containing any material which would represent a potential contamination hazard to groundwater. Materials shall include, but need not be limited to, wastes identified as hazardous by the Pennsylvania Department of Environmental Protection.
(3)
Storage, handling, processing, or disposal of toxic materials or any other substance with the potential to contaminate groundwater. The applicant shall also demonstrate compliance with Chapter 75 of the Rules and Regulations of the Pennsylvania Department of Environmental Protection, the requirements of Act 108, the Hazardous Sites Cleanup Act (35 P.S. § 6020.101 et seq), and with the Resource Conservation and Recovery Act of 1976 (P.L. 94-580, as amended).[1]
[1]
Editor's Note: See 42 U.S.C.A. § 6901 et seq.
(4)
Land grading or construction of buildings or other site improvements which would directly or indirectly diminish the flow of natural springs. If warranted, as determined by the Township, water table data from observation wells shall be provided by the applicant.
F.
Any existing or proposed underground storage tank shall comply with the requirements of the 1984 Hazardous and Solid Waste Amendments to the Resource Conservation and Recovery Act, unless specifically exempted thereunder. Any applicant shall present documentation of his compliance with the notification and design/construction requirements of the Act and any regulations promulgated by the United States Environmental Protection Agency, and documentation of approval by that agency.
§ 170-1519 Standards for minimum tract and lot area; maximum density of tract usage.
[Amended 5-3-1999 by Ord. No. 99-2; 3-3-2003 by Ord. No. 2003-2]
A.
For purposes of calculating the maximum density or intensity of use on any tract of land proposed for subdivision or land development subsequent to the effective date of this chapter, the following standards shall be applied to determine the minimum tract area:
(1)
Tract area shall be determined by excluding from the gross area of the tract any or all of the following, as applicable:
(a)
Any area used for gas, oil, natural gas, electric, or communications transmission facilities, railroad fee-simple interest, right-of-way or easement whether below or above ground, that do not serve the tract.
(b)
Any area within an existing street right-of-way.
(c)
An area measured in acres equal to 75% of the total area comprising any of the following:
[Amended 5-2-2005 by Ord. No. 2005-4]
(d)
An area measured in acres equal to 25% of the total area comprising any area containing seasonally high water table soils.
[Added 5-2-2005 by Ord. No. 2005-4]
(2)
In the event two or more of the above-named features overlap, the overlapped area with the most severe reduction shall be counted, and the overlapped areas shall be counted only once.
[Amended 5-2-2005 by Ord. No. 2005-4]
B.
The maximum density of use on any tract within a particular zoning district shall be as follows:
(1)
The tract area shall be established according to the procedures of § 170-1519A(1) above.
(2)
For a proposed residential use, the maximum number of dwelling units on the tract shall be calculated by multiplying the tract areas by the appropriate multiplier set forth below. Calculations resulting in fractions shall be rounded to the next lower whole number.
(a)
A/C District.
[1]
Standard single-family detached dwelling subdivision: tract area x 0.5.
[2]
Flexible development: tract area x 1.1, except where bonus density up to a maximum multiplier of 1.5 is permitted as provided in § 170-904A(2).
[3]
Adult community development: tract area multiplied by 1.5, except as provided below. As part of a conditional use application, as a density bonus, the Board of Supervisors shall approve an increase in the maximum density above 1.5 dwelling units per acre where the Board is satisfied that all applicable conditions set forth herein are met. In no case shall the maximum density be increased to result in a maximum total greater than 2.25 dwelling units per acre. Such bonus shall be approved if the applicant proves to the satisfaction of the Board of Supervisors that the applicant will complete or fund substantial public improvements to mitigate one or more significant off-site impacts of the development or achieve other significant community planning objectives, consistent with the provisions of Subsection B(2)(a)[3][a] below.
[Amended 9-15-2008 by Ord. No. 2008-1]
[a]
Substantial public improvements or design approaches potentially eligible for bonus density consideration include, but are not necessarily limited to significant transportation, water supply or sanitary sewer improvements; provision of substantial open space in addition to the minimum otherwise required; protection and/or renovation/reuse of identified historic resources as part of the development; provision of land suitable for active recreation, public or community facilities; or other substantial public improvement identified by the Township at the time of the conditional use approval process and which significantly reduces the need for public expenditures to achieve clear public need(s).
[b]
At the time of conditional use application, the applicant shall identify the specific proposed substantial public improvement(s) for which bonus density is requested, shall indicate the anticipated cost(s) of completing such improvement(s) and shall submit plans and/or other documentation sufficient to demonstrate the applicant's ability to achieve the proposed improvements. The amount of density bonus granted for any substantial public improvement(s) shall be established by the Board of Supervisors as a condition of approval based on a preponderance of evidence as follows: bonus density, measured in an incremental increase in dwelling units, shall be determined by roughly equating the incremental cost to the developer of providing substantial public improvement(s), with a reasonable value to the developer for the increase in unit count.
[c]
Subject to approval by the Board of Supervisors as provided herein, incremental bonus density shall be provided in, but shall not be limited to, the following situations:
[d]
Bonus dwelling units for preservation of historic sites and landscapes. One additional dwelling unit may be provided for each two acres comprising a lot (or open space parcel) which contains any Township-, state- or federally designated historic site or historic building or any historic site or building included or eligible for inclusion in the Chester County Historic Sites Survey and where such acreage otherwise meets all applicable criteria for open space. The use of this bonus shall be limited to no more than four bonus dwelling units for each distinct historic landscape preserved and shall be subject to the criteria set forth in § 170-904A(2)(c)[1][a], [b] and [c].
[e]
Bonus dwelling units for historic restoration/rehabilitation. Where preservation of historic sites, as provided in § 170-1519B(2)(a)[3][c][i] above, includes restoration or rehabilitation of historic structures approved by the Township, one additional dwelling unit may be provided for each 2,000 square feet, or portion thereof exceeding 1,000 square feet, of habitable floor area on all floor levels in the historic sections of such structures, subject to the criteria set forth in § 170-904A(2)(c)[2][a], [b], [c], [d] and [e].
[f]
Bonus density for provision for additional open space. Two additional dwelling units may be provided for each acre, exclusive of floodplain areas, wetland areas and areas of greater than twenty-five-percent slope, of common open space that is provided in excess of applicable minimum open space requirements and where such open space is permanently restricted from future development for other than approved open space purposes, subject to establishment of conservation easement(s) or other restrictive covenant(s) acceptable to the Township.
[g]
Bonus density for provision for recreational facilities. Two additional dwelling units may be provided for each acre of common open space, regardless of any other open space requirement or bonus, where such open space is developed and made available to the public for active recreational use, upon the recommendation of the Township Park Advisory Group.
[h]
Bonus density for provision for infrastructure improvements. Additional dwelling units may be provided where the applicant constructs or funds the construction of significant public infrastructure improvements clearly in excess of that which is required to serve the proposed development, including but not limited to public sewer and/or water facilities, public road or highway improvements, public trails, and structures devoted to public recreational use. The number of bonus dwelling units shall be commensurate with the cost of the substantial public improvements as provided above.
[i]
Where the applicant demonstrates partial achievement of the substantial public improvements identified by the Township, the Board of Supervisors, at its sole discretion, may approve density bonus in increments reasonably related to the public improvement or design mitigation to be achieved. No density bonus shall be granted for any improvements that an applicant for a development would be required to complete or fund under a Township, Township Authority, state or federal requirement. For example, in the case of public street improvements, no density bonus shall be granted for improvements to a segment of an existing street immediately adjacent to the applicant's property and improvements that would otherwise be required by the Township and/or the Pennsylvania Department of Transportation.
[j]
Commitment on the part of the applicant to complete or fund substantial public improvements shall be in a legally binding form acceptable to the Township Solicitor.
(b)
R-1 District.
[1]
Standard single-family detached dwelling subdivision: tract area x 1.0.
[2]
Flexible development: tract area x 1.1, except where bonus density up to a maximum multiplier of 1.5 is permitted as provided in § 170-904A(2).
(c)
(d)
R-3 District.
[1]
Apartment dwellings.
[a]
For areas occupied by dwelling units having one or less bedrooms: 10 dwelling units per acre of tract area.
[b]
For areas occupied by dwelling units having two bedrooms: eight dwelling units per acre of tract area.
[c]
For areas occupied by dwelling units having three or more bedrooms: four dwelling units per acre of tract area.
[d]
If there is a mix of dwelling units having different numbers of bedrooms, then the density shall be calculated in proportion with the acreage attributable to each type of dwelling unit.
[2]
Townhouse dwellings: 6.0 dwelling units per acre of tract area.
(3)
For a proposed nonresidential use, the maximum density of use on the tract shall be as follows:
(4)
The maximum density for any other use permitted by right, special exception, or conditional use shall be as stipulated by the relevant terms of this chapter.
§ 170-1520 Vibration, odor, dust and burning.
[Amended 3-3-2003 by Ord. No. 2003-2]
A.
Vibration. No use shall generate vibration that is perceptible by a person on another lot without the use of measuring instruments. This subsection shall not apply to occasional blasting that is necessary as part of construction of streets, buildings and utilities.
B.
Dust and odors. No use shall generate odors or dust that are offensive to persons of average sensitivities when such persons are located on another lot.
C.
Burning. No commercial or industrial use shall conduct outdoor burning nor any burning that violates state air pollution regulations.