Westtown Township City Zoning Code

Leasing or rental of vehicles, trailers or similar equipment.

Car washing.

An attendant, trained in the dispensing of such liquids, is on duty and in position to observe the self-service areas and to assist as necessary; and

There is installed at each self-service island an automatic fire-suppression system, the design and installation of which is approved by the Fire Marshal.

Specific intent. In allowing opportunities for the creation of accessory dwelling units, it is the specific intent of this subsection to address directly the housing needs of small households to make more efficient use of the Township’s existing building stock and infrastructure.

Standards for accessory dwellings. Where authorized as a special exception under the terms of this chapter, accessory dwellings may be created in accordance with the following standards:

Greenhouse.

Display and sale of farm products, in accordance with the following:

Keeping, breeding, and management of livestock and poultry, in accordance with § 170-1516 of this chapter.

The following accessory uses are permitted for a malt production use as accessory and subordinate to agriculture on the same parcel(s) of land which is permitted for and being utilized for agriculture in the A/C Agricultural/Cluster Residential District, subject to the following standards in this Subsection B(4) herein, which shall control over other provisions set forth in § 170-1603B(2) and § 170-1609I(2):

Private parking space.

Barn, private stable or other shelter for animals (but not including, a kennel), in accordance with the terms of § 170-1516 of this chapter.

Detached accessory structure such as private garage, greenhouse, garden shed, or similar structure. Accessory structures may be located only in side and rear yards. Setback standards for detached accessory structures shall be in accordance with standards set forth in § 170-1502.

Private recreational facilities, including above and in-ground swimming pools above 24 inches of water depth (permanent or temporary), spas/hot tubs, tennis courts, basketball courts, and other similar uses.

Home occupation, in accordance with § 170-1605 of this chapter.

Ham radio or television aerials, masts, or antennas; windmills and similar wind energy conversion systems. Such facilities shall comply with the height regulations of the applicable zoning district, except as provided through special exception under the terms of § 170-1504 of this chapter.

Microwave antenna for satellite communication, in accordance with the terms of § 170-1604 of this chapter.

Bed-and-breakfast facility, in accordance with the terms of § 170-1607 of this chapter.

Vehicle repairs, provided that a residential lot in any residential district shall not be used for any of the following activities:

Vehicle sales. No more than one motor vehicle or boat may be offered for sale on any lot at any one time unless the use is approved as a motor vehicle or boat sales use.

The diameter of the microwave antenna shall not exceed 12 feet.

When separately supported, the total height of the microwave antenna shall not exceed 14 feet.

The microwave antenna may be located only in a side or rear yard and not closer than 20 feet to any property line.

When roof-mounted, the microwave antenna shall be located on a portion of the roof sloping away from the front of the lot, and no part thereof shall project above the ridgeline; provided, however, that in no event shall a roof-mounted microwave antenna exceed three feet in diameter.

Not more than one microwave antenna shall be permitted on any lot. Individual antennae on individual lots shall not be permitted in residential developments utilizing the cluster development option.

When not roof-mounted, the microwave antenna shall be screened from adjoining lots by the installation and maintenance of a completely planted visual barrier of evergreen material, the height of which (after planting) is at least equal to the height of the microwave antenna.

Before erection of any such microwave antenna, a permit application shall be made to the Township and a permit issued in accordance with § 170-2001 of this chapter.

The diameter of the microwave antenna shall not exceed 12 feet.

When separately supported, the total height of the microwave antenna shall not exceed 14 feet.

The microwave antenna may be located only in the rear yard and not less than 25 feet from any property line; provided, however, that no microwave antenna shall be permitted within that portion of a rear yard designated or required to be a buffer area by any provision of this chapter.

Screening shall be provided in accordance with § 170-1508 of this chapter.

Roof-mounted microwave antennae shall not be permitted to exceed nine feet in diameter.

Before erection of any such microwave antenna, a permit application shall be made to the Township and a permit issued in accordance with the terms of § 170-2001 of this chapter.

Within the M-U District, individual antennae on individual lots shall not be permitted in integrated townhouse developments.

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

Microwave antennae shall be properly anchored and installed to resist a minimum wind load of 30 pounds per square foot of projected horizontal area. Supports, anchors, and foundations shall take into account overturning moments and forces created by wind loading. The safety factor against overturning or sliding for wind forces on microwave antennae shall be 2.0.

In no event shall the provisions of this section be construed to authorize as a permissible residential accessory use a microwave antenna for satellite communication that is used or intended to be used for the propagation or transmission of radio or electromagnetic waves. It is the intent hereof that such microwave antennae shall be permitted only within the Commercial (C-1) and Multi-Use (M-U) Districts.

Operation. A home occupation shall be conducted within a dwelling which is the residence of the principal practitioner.

Permit. All applicants shall be required to obtain a permit in accordance with the requirements of § 170-1605C.

Structural appearance. The appearance of the residential structure or accessory structure shall not be altered or the occupation be conducted in such a manner which would cause the premises to differ from its residential character by the use of materials, construction, lighting, show windows, signs, or advertising visible outside the premises to attract customers or clients, other than those signs permitted by this chapter. No interior display of goods shall be visible from the outside.

Vehicles. The storage of commercial vehicles shall comply with § 170-1605A(10) and (11) below.

Storage. There shall be no exterior storage of materials or refuse resulting from the operation of the home occupation.

Hazardous materials. There shall be no storage or use upon the premises of toxic, explosive, polluting, dangerous, or other substances defined as hazardous by the Pennsylvania Department of Environmental Protection.

Nuisance. No equipment or process shall be used in a home occupation which creates noise, vibration, glare, fumes, odors, dust, or electrical interference detectable to normal senses beyond the property line in excess of levels customarily generated by a residential use. Only general types and sizes of machinery that are typically found in dwellings for hobby or domestic purposes shall be permitted. No use shall generate any of the conditions listed above in excess of what is typical in a residential neighborhood.

Burden of proof. The burden of proof shall be upon the applicant to prove that the standards of this section will be met. Based upon the potential nuisances of a proposed major home occupation, the Zoning Hearing Board may determine that a particular type or intensity of use is unsuitable to be a home occupation or that the proposed lot area or setbacks are not sufficient to contain such nuisances.

Truck traffic. The use shall not require the parking or servicing by a vehicle with more than 26,000 pounds gross registered vehicle weight.

Hours. Home occupations shall be conducted in a way that is in conformance with the provisions of § 170-1515, Noise standards, of this chapter. This time limit shall also apply to any loading or unloading of vehicles on the property or on a street that causes noise to adjoining residents.

Advertising. The address of the home occupation shall not be advertised in such a way that would encourage customers or salespersons to come to the property.

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

Where the Zoning Officer determines that the proposed use is a major home occupation and does not meet any or all of the criteria specified for a permitted home occupation listed in § 170-1605G, the use shall require review and approval by the Zoning Hearing Board in accordance with the provisions of § 170-2108 and the criteria of this section. The Zoning Hearing Board may attach such reasonable conditions and safeguards, as it deems necessary, to implement the purposes of this chapter. Following approval, the Zoning Officer shall issue a zoning permit.

Animal hospital or animal shelter.

Kennel, commercial kennel, or commercial stable.

Boardinghome.

Funeral parlor or undertaking establishment.

Restaurant.

Medical or dental clinic (three or more nonresident employees).

Professional offices (three or more nonresident employees) except for a major home occupation which is allowed in accordance with § 170-1605G(4)(f)[1].

Gift or antique shop.

Rental business.

Furniture stripping.

Auto or small engine repair.

Painting of vehicles, trailers, or boats.

Private school with organized classes.

Welding shop.

Private club.

Sale of firearms or weapons.

Those home occupations that cannot meet any of the criteria of § 170-1605F for a minor home occupation or § 170-1605G for a major home occupation.

Any occupation that the Zoning Hearing Board deems similarly objectionable in terms of scale and impact.

Other uses of similar character to those listed above.

A business or commercial activity administered or conducted as an accessory use which is clearly secondary to the use as a residential dwelling and which involves no customer, client or patient traffic, whether vehicular or pedestrian, pickup, delivery or removal functions to or from the premises, in excess of those normally associated with residential use. The business or commercial activity must satisfy the following requirements:

A home occupation that cannot meet one or more of the criteria listed in § 170-1605F supra shall be defined as a major home occupation. Where permitted, major home occupations shall comply with all applicable criteria of this chapter.

Major home occupations which cannot meet all of the following criteria, are not prohibited in § 170-1605E, supra, and substantially comply with the following criteria shall be permitted under the provisions of § 170-2108, Granting of special exceptions. All other home occupations shall be defined, for the purposes of this section, as commercial if they do not meet the criteria of the section or those of § 170-1605F, infra:

The following are permitted major home occupations, provided they meet standards of this chapter:

Major home occupations at the intersection of two arterial streets. If an existing principal building is within a maximum of 300 feet of the intersection of the centerlines of two arterial streets, and has direct access from one or both of the intersecting arterial streets, then the major home occupation requirements shall be modified as follows:

The owner of the converted structure must reside on the premises.

Site and architectural plans for the conversion of said dwelling shall be submitted to the Zoning Hearing Board. Where two or more families are to be housed above the ground floor, such plans shall bear the approval of the Pennsylvania Department of Labor and Industry as required by law.

Such plans shall provide adequate and suitable parking spaces for a minimum of two automobiles per proposed dwelling unit. These spaces shall not be located between the front lot line and dwelling.

Such dwelling(s) shall be subject to the height, width, yard, and other applicable regulations effective in the zoning district where the existing single-family dwelling is located.

In no instance shall the lot area for a converted structure be less than three acres.

There shall be no external alteration of the building except as may be necessary for reasons of safety. Fire escapes and outside stairways shall, where practicable, be located to the rear of the building.

A new dwelling unit resulting from conversion shall have a minimum habitable floor area of 500 square feet.

Regardless of the size of the existing structure, the total number of dwelling units following conversion shall not exceed five.

Except where an off-site sewage system is available, the applicant shall submit a permit for an on-site sewage disposal system issued by the Chester County Health Department, certifying that the proposed sewage disposal facilities are adequate for the projected number of residents.

The Zoning Hearing Board may specify the maximum number of dwelling units to be created within any such structure, and may prescribe such further conditions and restrictions with respect to the conversion and use of such dwelling, and to the use of the lot, as the Board may consider appropriate.

Minimum lot width at street line: 300 feet.

Minimum setback from all lot lines: 100 feet.

Minimum separation from any residential structures on the same lot: 100 feet.

Runoff from agricultural buildings and other impervious surfaces shall be directed around areas where manure is stored or otherwise concentrated.

The property shall be graded or otherwise managed so that runoff as described in Subsection F(1) above shall be confined to the lot.

The storage and disposal of manure shall be prohibited in areas where continuous or intermittent contact occurs between the material and the groundwater table.

Storage areas for manure shall be a minimum of 100 feet from any water supply source and, whenever feasible, shall be located downhill from it; such storage areas also shall be located a minimum of 100 feet from any lake or stream.

There shall be an eight-foot grass strip between any road cartway and any area that is plowed or tilled; the Board of Supervisors may modify or require additional measures where topography or other conditions so dictate.

The sale or mixing of seeds, feed and fertilizers;

Storage and processing of crops grown on-site, and

The sale of trees or plants grown on-site, including but not limited to Christmas trees.

Use of malt, malt production and malt tasting room as provided for in § 170-1603B(4).

No temporary structure, whether fixed or mobile in nature, shall be established for any dwelling purpose for any length of time unless approved as a special exception by the Zoning Hearing Board. Such approval shall be granted only where the applicant demonstrates that a permanent use, in compliance with the applicable terms of this chapter, is being pursued with due diligence and that the temporary dwelling will be utilized for the minimum practical time period and removed immediately upon the expiration of that period. The maximum allowable time period for keeping a temporary dwelling unit on the property shall be six months, unless the Zoning Hearing Board shall, upon further request of the applicant, grant one extension of that period for a maximum of an additional six months.

A use permit and an occupancy permit shall be required prior to the utilization of any such temporary dwelling unit, and shall be issued only in accordance with the above stipulations. The temporary dwelling unit shall further comply with all applicable area and bulk standards for the zoning district in which it is to be situated.

Temporary structures, located on a tract undergoing development, that are utilized for construction management purposes may, while serving that function, remain on the tract only during active development of the property. Removal shall occur immediately upon completion of the development process, as determined by the Township Engineer.

Sales trailers may be located on such a tract only during active development of the property, but shall be removed no later than one month following the sale of the last unit.

A use permit and an occupancy permit shall be required prior to the utilization of any such temporary structure, and shall be issued only in accordance with the above stipulations. The temporary structure shall further comply with all applicable area and bulk standards for the zoning district in which it is to be situated.

Existing uses. This § 170-1610D shall not require approval of temporary uses that were lawfully occurring on a periodic basis prior to the adoption of this section.

Duration. The Board of Supervisors shall establish a reasonable limit on the duration, frequency and hours of operation of the use that is consistent with a truly temporary use that is not more intensive than the customary practice for such temporary use. In the case of a special event, the Board of Supervisors should not approve the use operating for more than six days in any sixty-day period. The Board of Supervisors may grant a single approval once for numerous occurrences of an event. Except for reoccurring special events, a temporary use should not be approved to continue for more than one year.

Statement from owner. The applicant shall present a statement from the owner of record of the land accepting responsibility to ensure that the use or structure is removed once the permit expires.

Removal. Such structure or use shall be removed completely upon expiration of the permit without cost to the Township. If the structure or use is not removed in a timely fashion after proper notification, the Township may remove the use or structure at the cost of the person who owns the land upon which the structure or use is located.

Conditions. The temporary use or structure shall be compatible with adjacent uses and clearly be of a temporary nature.

Fee. The Board of Supervisors may waive and/or return the required application fee if the applicant is an Internal-Revenue-Service-recognized and well-established nonprofit organization, and the applicant clearly shows that the proposed use is temporary and will be used to clearly primarily serve a charitable or public service purpose.

Nonprofit. Only a well-established and Internal-Revenue-Service-recognized nonprofit organization proposing a temporary use to clearly primarily serve a charitable or public service purpose shall be eligible to receive approval for a temporary commercial use in a district where that use is not permitted.

Special events. For a special event that will attract significant numbers of the public, the Board of Supervisors may deny the use if it determines that the following will not be generally appropriate: sanitary and water service, traffic control, off-street parking and protection of the public health and safety.

Any deck attached to an aboveground swimming pool shall be considered an accessory structure and shall be constructed in accordance with the setback requirements of § 170-1502.

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.

Purpose. The purpose of this section shall be to:

Use provisions.

Standards for surface land uses affiliated with transmission pipelines. The following standards will be considered by the Township prior to permitting surface land uses affiliated with transmission pipelines:

Residential care facilities for senior citizens providing permanent residential accommodations including independent living units, defined as those having full living accommodations including full kitchens, whether or not any meals are provided on a communal basis.

The following conditions must be satisfied before an application for a residential care facility for senior citizens can be considered.

Density: No more than 25 beds per acre of lot area shall be provided.

Independent living unit density: Limited to two beds per independent living unit.

Minimum tract area: two acres, as defined by § 170-1519A of this chapter.

Minimum setback: As stipulated in § 170-802D(2)(b) above.

Maximum floor area ratio: .40.

Maximum impervious coverage: 60%.

Standards for lot width, distance between buildings, building length, and building height: As stipulated in § 170-802B.

Building construction and placement: The following building placement restrictions shall apply:

All parking and service areas shall be located a minimum of 30 feet from a street right-of-way or other property line, and subject to the standards prescribed in Article XVII of this chapter. Notwithstanding those requirements, no service area may abut a residential use or district unless completely enclosed by solid fencing, walls, buildings, or a combination thereof, the purpose of which is to buffer noise.

Minimum requirements for off-street parking shall be specified in § 170-1705A(6) of this chapter. In addition, one additional parking space shall be required for each employee, who works on the shift with the highest number of employees.

Off-street parking for residents, employees, and visitors shall be placed in the rear or on the side of the facility, and shall be made as unobtrusive as possible through the use of berming and landscaping that complies with §§ 170-1508 and § 170-1507 of this chapter. Parking in the front yard shall be limited to spaces to be used for visitors, resident pickup and dropoff, and shall not exceed 25 spaces.

The greatest dimension in length or depth of a building shall not exceed 250 feet, and no building connectors shall exceed 80 feet in length.

In no case shall the width of a building or the aggregate widths of buildings fronting on a street exceed 50% of the property on that street. The computation of the width of such buildings shall include all buildings and parts thereof, which are intersected by a line projecting from the street line at a ninety-degree angle.

The residential care facility for senior citizens shall be designed to include individual unit and central control of security, fire and life safety systems.

The applicant shall demonstrate that all necessary approvals and permits from the Pennsylvania Department of Labor and Industry have been obtained or waived, particularly with respect to fire protection, safety measures, construction standards, and design standards to accommodate the handicapped. The Board of Supervisors may authorize approval of the conditional use contingent upon the requisite approvals being obtained.

The Board of Supervisors shall consider the proximity of the proposed use to any other similar institution within the Township and/or to similar facilities in adjacent municipalities and shall not approve any such request where resulting proximity might unduly alter the intended character of the neighborhood through the relative concentration and scale of such uses.

Screening: As required by § 170-1508 of this chapter.

Storage: As required by § 170-1509.

Landscaping: As required by § 170-1507.

Access and traffic control: As required by § 170-1510.

Interior circulation: As required by § 170-1513.

Lighting: As required by § 170-1514.

Signs: As required by Article XVIII.

All utility services are to be installed underground.

The Board of Supervisors shall have the right to preapprove the location(s) of the bus shelter(s); and

An acceptable process is established in advance to address liability issues, lighting, removal and maintenance responsibilities.

To recognize that developments housing older persons typically generate lower average rates of vehicle traffic, water usage and wastewater usage than other types of residential development, and less impacts upon the public school system, and a lower average number of residents per dwelling unit, and therefore, that a higher density is justified for this type of development than other types of residential development;

To provide for residential developments that meet the growing needs of older persons, including the need for quality housing, fellowship, oversight, open space and recreation facilities;

To encourage innovations in residential development so that growing demand for housing may be met by greater variety in type, design and layout of dwellings, and by conservation of open space within such a development in a manner that serves important public purposes;

To encourage flexibility in site planning which will respect and conserve natural resources, such as streams, ponds, floodplains, groundwater, wooded areas, steeply sloped areas, and areas of significant beauty or importance to the natural ecosystem; to seek to incorporate key scenic views into site designs;

To encourage more efficient use of land and public services;

To provide for patterns of development around the perimeter of a tract that are compatible with neighboring development and the Township's planned trails and greenway system, while allowing greater flexibility within the interior of the tract;

To recognize that the impacts of higher density developments can be offset by substantial public improvements by a developer, the preservation of important open spaces, and careful site design; and

To maintain the scenic and natural character of Westtown Township as viewed from major roads, scenic roads and trails.

An adult community development shall only be permitted as follows:

An adult community development shall meet all requirements of the A/C District and all requirements of this Zoning Chapter, except for those provisions that are specifically modified by this § 170-1615. Requirements that apply to the adult community development shall include, but not be limited to, the following articles of this Zoning Chapter: Articles I, II, III, IV, V (except § 170-502), XV, XVI, XVII, XVIII, XIX, XX, XXI, XXII, XXIII, and XXV.

Residents of an adult community development shall be limited by deed, and by lease where applicable, to households including at least one permanent resident age 55 years or older, and shall prohibit occupancy by any person age 18 or younger, except as follows:

The applicant shall prove to the satisfaction of the Board of Supervisors that an appropriate entity, such as a homeowners' association, will have appropriate authority through deed restrictions or similar mechanisms to ensure compliance with the age limitations.

The applicant shall demonstrate to the satisfaction of the Board of Supervisors that the proposed development plans are consistent with the purpose statements set forth in § 170-1615A and adequately respect and incorporate the important resources of the site as set forth in § 170-1615F, Site analysis.

Overall density. The density of an adult community development shall be calculated as follows:

Housing types and dimensional requirements.

Utilities. Each dwelling unit and any community center within an adult community development shall be served by public sanitary sewage service and public water service.

Recreational vehicles.

Perimeter landscaping and buffer. Substantial landscaping shall be provided around the outer perimeter of an adult community development. Such landscaping shall include a buffer area with a minimum depth of 80 feet. Such buffer area shall be in addition to the required minimum yards for individual buildings. No walls shall be permitted within the buffer, except as permitted as a backing to a permitted sign. Where the buffer area is required along a public street, it shall be measured from the future street right-of-way.

Any proposed dwelling unit within 200 feet of a lot line of an existing single-family detached dwelling on another lot shall be a single-family detached dwelling. However, this requirement shall not apply if the proposed dwelling would be separated from the existing dwelling by a public street.

A traffic study meeting the requirements of § 149-804 of Chapter 149, Subdivision and Land Development, shall be required to be submitted at the time of the conditional use application. In addition, such traffic study shall consider accident-prone segments and other off-site traffic safety hazards that may be worsened by the proposed development.

A community impact study shall be submitted by the applicant at the time of the conditional use application. This study shall consider the impact of the development upon water supply systems, sewage treatment and collection systems, the school district, Township finances and services, and fire and emergency medical services. Improvements to such systems shall be identified that will be necessary to accommodate the impacts from the development. Particular attention shall be paid to proving that adequate access will be possible to all dwellings and principal buildings by emergency vehicles.

If so stated by the Board of Supervisors as part of the conditional use approval, a maximum of 10% of the required common open space may be required to be dedicated to the Township for use as a nonrecreation public use.

Except as provided in the above Subsection E(1), all of the required common open space shall meet the requirements for open space:

A stormwater detention or retention basin shall not be permitted to be counted towards the minimum open space requirement unless the applicant proves to the satisfaction of the Board of Supervisors that such basin shall comply with the provisions of § 170-904A(3)(c) and would be designed and constructed to serve a recreational use during the vast majority of weather conditions, or would function as a scenic open space asset.

The following areas shall not be permitted to be counted towards the minimum open space requirement:

The applicant shall provide a suitable recreation trail easement that allows pedestrian access by the public where necessary to complete a link included within Township Comprehensive Plan or Park, Recreation and Open Space Plan, or where otherwise required under Chapter 149, Subdivision and Land Development.

If land is proposed for dedication to the Township for recreation purposes, the applicant may be required by the Board of Supervisors to provide a professional assessment of such land to determine whether evidence exists of environmental contamination. If such contamination is found, the applicant shall ameliorate the contamination in a manner as to make the land suitable for its intended use.

Farm equipment or farm vehicle repair;

Occasional repair of one motor vehicle at a time, beyond those vehicles owned or leased by a resident of the property or his/her relative, but not including a junkyard, auto body shop or spray painting;

Construction tradesperson's headquarters;

Small engine repair;

Woodworking or wood refinishing;

Custom blacksmithing or sharpening services;

Veterinarian offices;

Rental storage of household items and vehicles;

Seasonal special events, such as hay rides and similar Halloween activities, that do not involve the erection of new permanent buildings nor mechanized amusement park rides;

A bed-and-breakfast facility meeting § 170-1607, except a maximum of six guest units shall be permitted under this § 170-1616;

Creation of custom crafts;

Seasonal environmental education day camp;

Christmas tree sales, other than those grown on-site; or

Uses that the applicant proves to the Zoning Hearing Board are closely similar in impacts to the above uses.

Existing resources and site analysis map. This map shall be prepared and submitted to accurately show the locations of wetlands, the one-hundred-year floodplains, slopes of 15% to 25%, and slopes over 25% (in accordance with § 170-402 of this chapter). These areas are known as "primary conservation areas." This map shall accurately show the following:

Potential development areas concept map. Based upon consideration of the existing features map and the primary and secondary conservation areas (as described above), the potential development areas shall be mapped. These potential development areas are areas that are best suited for the majority of the development on the tract. Potential development areas shall not include any primary conservation areas, except that minor intrusion into primary conservation areas for land development purposes may be permitted where otherwise permitted in accordance with Article IV of this chapter or to provide for regulated activities permitted by the Commonwealth, i.e., permitted stream or wetland crossing or other encroachment. Potential development areas also shall be delineated so as to minimize intrusion into secondary conservation areas. Land development activities and associated land disturbance shall not be permitted within more than 50% of secondary conservation areas, except where this standard is modified at the discretion of the Board of Supervisors as a condition of preliminary or final subdivision/land development plan approval or conditional use approval as applicable. In consideration of modification of this standard, the Board shall consider the nature of the intended land use and the anticipated scope of land disturbance normally associated with such use, as well as any planning or design measures proposed by the applicant to mitigate any environmental, aesthetic, or other community impacts resulting from land disturbance within secondary conservation areas.

Location of building sites. In respect of the primary and secondary conservation areas described above, the approximate proposed locations of new homes/principal buildings and, in the case of nonresidential development, associated parking areas and accessory structures and uses shall then be selected within defined potential development areas. It is recognized that on-lot septic system suitability needs to influence these choices when septic systems are used. It is also recognized that some intrusions into the secondary conservation areas may be necessary to allow reasonable uses of the land, provided that such development is carefully located and designed to minimize impacts upon the most important resources and features. Building sites and associated facilities also should be selected so as to maximize views, including views into the conservation areas.

Layout of streets and trails. An efficient street layout shall then be designed to serve the appropriate building sites. Trails should also be considered to link together common open spaces, clusters of homes and other destinations (such as nearby stores, parks and schools). Building sites should be clustered together to minimize expensive wetland and creek crossings by roads.

Drawing the lot lines. Lot lines should then be drawn on the site to encompass the proposed building sites, to result in a development concept plan. Once this sketch is prepared, then more detailed engineering may be completed.

Accessory use. A closed-loop geothermal energy system shall be permitted in all zoning districts as an accessory use, where the energy supplied is solely for the use of principal and accessory uses permitted on the subject property. Open-loop geothermal energy systems shall not be permitted.

Permitting. A zoning permit and building permit, consistent with or independent of the Pennsylvania Uniform Construction Code, shall be required prior to installation of any geothermal energy system. Applicable manufacturer specifications and Chester County Health Department permit shall be submitted to Westtown Township as part of the application for any permit.

Design. The design, installation and operation of geothermal energy systems shall be permitted in conformance with all applicable regulations under Section 501 of the Chester County Health Department Rules and Regulations and shall conform to applicable industry standards, including those of the American National Standards Institute (ANSI), the International Ground Source Heat Pump Association (IGSHPA), the American Society for Testing and Materials (ASTM), the Air Conditioning and Refrigeration Institute (ARI), or other similar certifying organizations, and shall comply with the Township Building Code[1] and with all other applicable Township requirements.

Appurtenances. All or any mechanical equipment (appurtenances) associated with and necessary for the operation of the geothermal energy system shall comply with all accessory setbacks for the zoning district in which the system is installed.

Heat-transfer fluids. Closed-loop geothermal systems shall utilize heat-transfer fluids conforming to all standards set by the PA Department of Environmental Protection (DEP). A permanent sign must be attached to the heat pump specifying that only approved heat-transfer fluids must be used.

Disrepair. If the geothermal energy system enters into a state of disrepair, it shall be the responsibility of the property owner to properly maintain the geothermal energy system or to decommission the system within six months from the date the system enters such a state or immediately in any case determined to be a safety hazard.

Abandonment and decommissioning.

Accessory use. OWBs shall be permitted as accessory uses, including accessory structures, where the energy supplied is solely for the use of principal and accessory uses permitted on the subject property. OWBs shall not be permitted as a principal use in any district.

Permitting. A zoning permit and building permit, consistent with or independent of the Pennsylvania Uniform Construction Code, shall be required prior to installation of any OWB. Applicable manufacturer specifications shall be submitted to Westtown Township as part of the application for any permit.

Design. The design and installation of OWBs shall conform to applicable industry standards, including those of the United States Environmental Protection Agency (EPA), American National Standards Institute (ANSI), Underwriters Laboratories (UL), the American Society for Testing and Materials (ASTM), or other similar certifying organizations, and shall comply with the Township Building Code[2] and with all other applicable fire and life safety requirements.

Compliance with other regulations. At the time of permit application, the owner of the OWB shall provide evidence indicating that the maintenance and operation of the OWB will be in compliance with applicable operations and performance standards set forth by DEP as well as in compliance with all air emissions quality standards promulgated by the United States Environmental Protection Agency (EPA), PA DEP, or other relevant state or federal agency including emissions of dust and particulates.

Setback requirements. All OWBs shall be located a minimum distance of 150 feet from any property line or street right-of-way.

Historic structures. If an OWB is proposed to be located within 100 feet of any historic structure as may be designated by the Township or determined to be eligible for listing on the National Register of Historic Places by the Pennsylvania Historical and Museum Commission or the National Park Service, such OWB shall be subject to conditional use approval at the sole discretion of the Township upon a finding that the proposed system will not adversely impact the historical significance or landscape context of the subject historic structure or historic resource.

Stack. All OWBs shall have a permanent attached stack. The minimum height of all stacks shall be 20 feet above the ground, and stacks shall otherwise installed according to the manufacturer's specifications.

Abandonment or disrepair. If the OWB is ever abandoned or enters into a state of disrepair, it shall be the responsibility of the property owner to remove or properly maintain the OWB within six months from the date the system enters such a state or immediately in any case determined to be a safety hazard.

Decommissioning. Any earth disturbance as a result of the removal of the OWB shall be graded and reseeded.

Principal use. A solar energy system shall be permitted as a principal use subject to conditional use approval in the T-Township and A/C Agricultural/Cluster Residential Districts only, subject to the following and as otherwise provided herein; any solar energy system not meeting the criteria for an accessory solar energy system shall be considered a principal use.

Accessory use. A solar energy system shall be permitted in all zoning districts as a permitted accessory use, subject to the provisions set forth herein. A system shall be considered an accessory solar energy system only if it supplies electrical or thermal power primarily for the use of principal and other accessory uses permitted on the subject property, or properties in the case of community or virtual net metering as provided below.

Permitting. In addition to conditional use approval where required, a zoning permit and building permit, consistent with or independent of the Pennsylvania Uniform Construction Code, shall be required prior to installation of any solar energy system. Applicable manufacturer specifications shall be submitted to Westtown Township as part of the application for any permit.

Design. The design and installation of the solar energy system shall conform to applicable industry standards, such as those of the American National Standards Institute (ANSI), Underwriters Laboratories, the American Society for Testing and Materials (ASTM), or other similar certifying organizations, and shall comply with the Township Building Code[3] and with all other applicable fire and life safety requirements.

Grid interconnection. A solar energy system connected to the utility grid shall provide written authorization from the local utility company acknowledging and approving such connection.

Transmission lines. All power transmission lines from the solar energy system to any building or other structure shall be located underground, unless it can be demonstrated, to the satisfaction of the Zoning Officer, in consultation with the Township Engineer, that this is infeasible.

Appurtenances. All or any mechanical equipment (appurtenances) associated with and necessary for the operation of the solar energy system shall comply with all accessory setbacks for the zoning district in which the system is installed.

Hazardous materials. No solar energy system shall contain hazardous substances as defined in the Pennsylvania Hazardous Sites Cleanup Act, 35 P.S. § 6020.101 et seq.

Lighting. Solar energy systems shall not be artificially lighted except to the extent required for safety or by any applicable federal, state or local authority.

No advertising. Solar energy systems and appurtenant or accessory structures shall not display any advertising, except for reasonable identification of the panel or other equipment manufacturer, and the facility owner.

Vehicular access. All solar energy systems shall be located where there is a means of vehicular access from a public or private street.

Glare.

Historic structures. If an accessory solar energy system is proposed to be mounted on or located within 100 feet of any historic structure as may be designated by the Township or determined to be eligible for listing on the National Register of Historic Places by the Pennsylvania Historical and Museum Commission or the National Park Service, such system shall be subject to conditional use approval at the sole discretion of the Township as provided herein and upon a finding that the proposed system will not adversely impact the historical significance or landscape context of the subject historic structure.

Solar access easements. A solar energy system shall be located to ensure solar access without reliance on adjacent properties. Where any applicant desires to ensure that solar access to a solar energy system shall not be obstructed over time by permissible uses or activities on any adjacent property (i.e., by planting or growth of vegetation, new construction, etc.), it shall be the responsibility of the owner of the solar energy system to obtain appropriate solar access easement(s) from neighboring property owner(s) and to notify the Township upon the recording of any such easement(s). All solar access easements shall be recorded in the office of the Chester County Recorder of Deeds.

Roof-mounted systems.

Ground-mounted (freestanding) systems.

Conditional use approval. In consideration of conditional use approval where required pursuant to this section, in addition to review of the standards for conditional use approval set forth in § 170-2009D of this chapter, the Board of Supervisors shall be satisfied that the solar installation will not unduly impact other property owners or the traveling public or that potential impacts are mitigated by design of the system or structure(s) upon which it is mounted, by distance from points of visibility, by the presence of intervening topography, vegetation or structures, or will be mitigated through introduction of landscaping.

Abandonment or disrepair. If the solar energy system is ever abandoned or enters into a state of disrepair, it shall be the responsibility of the property owner to remove or properly maintain the solar energy system within six months from the date the system enters such a state or immediately in any case determined to be a safety hazard.

Decommissioning. If a ground-mounted solar energy system is ever removed, any earth disturbance as a result of the removal of the ground-mounted solar energy system shall be graded and reseeded to the satisfaction of the Township.

Principal use. A wind energy system shall be permitted as a principal use subject to conditional use approval in the T Township and A/C Agricultural/Cluster Residential Districts only, subject to the following and as otherwise provided herein; any wind energy system not meeting the criteria for an accessory wind energy system shall be considered a principal use.

Accessory use. Accessory wind energy systems shall be permitted in all zoning districts as a permitted accessory use, subject to the provisions set forth herein. A system is considered an accessory wind energy system only if it supplies electrical power primarily for on-site use of principal or accessory uses permitted on the subject property and subject to the following:

Permitting. A zoning permit and building permit, consistent with or independent of the Pennsylvania Uniform Construction Code, shall be required prior to installation of any wind energy system. Applicable manufacturer specifications shall be submitted to Westtown Township as part of the application for any permit or conditional use application, as applicable.

Design. The design and installation of the wind energy system shall conform to applicable industry standards, such as those of the American National Standards Institute (ANSI), Underwriters Laboratories, Det Norske Veritas, Germanischer Lloyd Wind Energies, the American Society for Testing and Materials (ASTM), or other similar certifying organizations, and shall comply with the Township Building Code[4] and with all other applicable fire and life safety requirements. DC/AC inverters shall be installed at the base of each wind energy system, in addition to an automatic disconnect device.

Transmission lines. All power transmission lines from the wind energy system to any building or other structure shall be located underground.

Appurtenances. All or any mechanical equipment associated with and necessary for the operation of the wind energy system shall comply with all accessory setbacks for the zoning district in which the system is installed and shall be screened from view of any neighboring property or public road.

Noise limitations. Wind energy systems shall not generate noise which exceeds 55 decibels, or 10 decibels above ambient noise, in any hour, whichever is higher. Noise is measured from the property line of the closest neighboring inhabited or occupied structure or nearest habitable or occupied structure setback line on any abutting property. The ambient sound measurement, known as "A-weighted sound level," is taken where the noise from the wind turbine cannot be heard, or with the wind turbine shut down. The ambient sound level shall be considered the level that is exceeded 90% of the time when the noise measurements are taken. Any noise exceeding this level may be subject to the nuisance provisions of Article II of Chapter 168 of the Westtown Township Code. Notwithstanding the above, the 55 decibel or 10 decibel over ambient level may be exceeded during short-term events such as utility outages and/or severe wind storms.

Vibration. A wind turbine shall not cause vibrations through the ground which are perceptible beyond the property line of the parcel on which it is located.

Braking. All wind energy systems shall be equipped with an adequate and redundant braking system to prevent excessive speed. Such system shall include aerodynamic overspeed controls (including variable pitch, tip, and other similar systems) and mechanical brakes. Mechanical brakes shall be operated in a fail-safe mode.

Lighting. Wind energy systems shall not be artificially lighted, except to the extent required by the Federal Aviation Administration (FAA).

Colors. Wind energy systems shall be a nonobtrusive color acceptable to the Township, such as white, off-white or gray.

Shadow flicker. All wind energy systems shall, to the extent feasible, be sited to prevent shadow flicker on any occupied structure on adjacent properties.

Climbing. Wind energy systems shall be equipped with an appropriate anti-climbing device, or otherwise made unclimbable, to prevent unauthorized access to the system.

Advertising and signage. Wind energy systems shall not be used to display advertising, signage, banners or similar materials, with the exception of any manufacturer's labels or warning placards. Any such sign shall have an area not to exceed four square feet.

Conditional use approval. In consideration of conditional use approval where required pursuant to this section, in addition to review of the standards for conditional use approval set forth in § 170-2009D of this chapter, the Board of Supervisors shall be satisfied that the wind energy system will not unduly impact nearby property owners or the traveling public or that potential impacts are mitigated by design of the system or structure(s) upon which it is mounted, by distance from points of visibility, or by the presence of intervening topography, vegetation or structures.

Decommissioning. If a wind energy system is ever removed, any earth disturbance as a result of the removal of the system shall be graded and reseeded to the satisfaction of the Township.

Accessory use. A manure digester shall be permitted as an accessory use only if it supplies electrical or thermal power primarily for on-site use of principal or accessory uses permitted on the subject property. A manure digester shall not be permitted as a principal use.

Permitting. A zoning permit and building permit, consistent with or independent of the Pennsylvania Uniform Construction Code, shall be required prior to installation of any manure digester. The applicant shall submit the following to Westtown Township as part of the application for any permit:

Design and installation.

Grid interconnection. When a property upon which the facility is installed also receives electrical power supplied by a utility company, excess electrical power generated and not presently needed for on-site use may be used by the utility company, as long as the electrical power generated is used primarily for on-site use. The owner of the manure digester shall provide written confirmation that the public utility company has been informed of the customer's intent to install an interconnected customer-owned generator and also approves of such connection. Systems not connected to the public utility grid shall be exempt from this requirement.

Operation and performance standards. The proposed use shall be subject to any applicable operation and performance standards set forth by DEP.

Setback requirements. Manure digesters shall not be located within 50 feet of any side property line, within 75 feet of any rear property line, within 150 feet from any residential structure other than that of the property owner, or within 100 feet of any public road right-of-way.

Historic structures. If a manure digester is proposed to be located within 100 feet of any historic structure as may be designated by the Township or determined to be eligible for listing on the National Register of Historic Places by the Pennsylvania Historical and Museum Commission or the National Park Service, installation of the manure digester shall be subject to conditional use approval at the sole discretion of the Township upon a finding that the proposed system will not adversely impact the historical significance or landscape context of the subject historic structure or historic resource.

Lot coverage. The footprint of a manure digester shall be calculated as part of the overall lot coverage.

Abandonment or disrepair. If the manure digester is ever abandoned or enters into a state of disrepair, it shall be the responsibility of the property owner to remove or properly maintain the manure digester within six months from the date the system enters such a state or immediately in any case determined to be a safety hazard.

Decommissioning. If a manure digester is ever removed, any earth disturbance as a result of the removal of the manure digester shall be graded and reseeded to the satisfaction of the Township.

The ADU may be located in the principal dwelling or in a structure which is accessory to the principal dwelling and is located on the same single-family residential lot.

A detached ADU shall meet setbacks for an accessory structure for the zoning district in which it is located.

The minimum size of the ADU shall be 500 square feet, the maximum size shall be no greater than 50% of the footprint of the principal dwelling.

The height of the ADU shall not exceed the height of the principal dwelling.

There shall not be more than one accessory dwelling unit created on any single-family residential lot.

One of the two dwelling units (either the principal or the accessory) shall be occupied by the owner of the property, or a family member of the owner of the lot on which both dwelling units are located.

At least one paved off-street parking space shall be required for the accessory dwelling unit in addition to those required for the principal dwelling. The additional parking space(s) shall not be located within any required setback area.

Utility billing for the property shall remain under the name of the property owner.

No other alterations to the exterior of the structure shall be permitted unless necessary for health or safety reasons.

Except where public sewer is available, the applicant shall submit to the Township a permit for an on-site sewage disposal system issued by the Chester County Health Department, certifying that the sewage disposal facilities are adequate for the projected number of residents. Where the existing on-site system is found to be inadequate, by the Department, to serve the projected demand, no approval shall be given for the accessory dwelling unit until the system is improved to meet Health Department requirements and a permit is issued by the Department.

To ensure compliance with this chapter, a site plan shall be submitted, accurately drawn to scale, indicating the location and size of the existing and proposed dwelling units, parking areas and any proposed exterior alterations.

All accessory dwelling units in the Township shall be subject to the requirements of §§ 170-2004, 170-2005 and 170-2006 relating to use and occupancy permits.

The rental dwelling unit shall not be occupied by more than one family per dwelling unit, which shall consist entirely of individuals who are related to one another as defined under "members of the same family."