Township of West Whiteland, PA Common Regulations

Arbors, trellises, garden sheds and similar uninhabitable structures, not used for the storage of automobiles, shall be permitted, provided they are not more than 12 feet in height. Any structure less than 150 square feet shall be at least five feet from all property lines. Any structure between 151 square feet and 250 square feet shall be at least 10 feet from all property lines. Any structure more than 250 square feet shall not be permitted in the required yards. On reverse frontage residential lots, a six-foot-high opaque fence or a high vegetative site element screen shall buffer accessory structures within 25 feet of the street right-of-way, in accordance with § 281-35G(1)(b) of Chapter 281, Subdivision and Land Development, of the Code of the Township of West Whiteland.

Garden sheds and similar uninhabitable structures permitted in Subsection B(2) that are located on reverse frontage lots shall be landscaped in accordance with § 281-35G(4) of Chapter 281, Subdivision and Land Development, to buffer the view from the street.

[Added 3-10-2004 by Ord. No. 310[1]]

Editor's Note: This ordinance also redesignated the subsequent subsection.

The requirements for open areas and yards and the restrictions on projections shall not apply to overhanging chimneys, steps and entranceways, eaves, gutters or cornices not exceeding two feet in overall depth.

§ 325-32 Landscaping design.

[Amended 3-10-2004 by Ord. No. 308]

Landscaping shall be in accordance with the provisions contained in Article IV of Chapter 281, Subdivision and Land Development, of the Code of the Township of West Whiteland.

§ 325-33 (Reserved) [1]

Editor's Note: Former § 325-33, Buffers and screen, was repealed 3-10-2004 by Ord. No. 308.

§ 325-34 Lighting.

Lighting shall be in accordance with § 281-48 of Chapter 281, Subdivision and Land Development, of the Code of the Township of West Whiteland.

§ 325-35 Storage.

All rubbish and substances, whether organic or inorganic, shall be stored in suitable containers and properly disposed of as soon as is practical. All garbage-like materials shall be contained in vermin-proof containers.

Except for single-family and two-family dwellings, all incidental storage shall comply with the following:

All storage shall be buffered in accordance with § 325-33D.

Outdoor storage facilities for fuel, raw materials and products shall be enclosed with an approved safety fence compatible with the architectural and landscaping style employed on the lot. In addition to a fence, bulk storage tanks shall be enclosed by a moat or berm sufficient to contain potential spillage.

Outdoor storage of raw materials and/or finished products shall be permitted only within the buildable area of the lot and shall not exceed 10 feet in height.

In the Town Center District and Neighborhood Commercial District, no products and/or materials shall be stored, displayed or sold on the exterior of any building except for the sale of seasonal merchandise in accordance with § 325-28.

[Added 3-10-2004 by Ord. No. 310]

In all districts:

No trailer, recreational vehicle, boat, unlicensed vehicle or other similar items shall be stored outdoors within any required yard area, except in junkyards permitted under this chapter.

Storage trailers and storage boxes. No storage trailer or storage box shall be left on a single lot or at any location, not already approved for such storage, for more than 48 hours, unless a temporary-use permit has been issued by the Township. The following regulations shall apply to temporary storage trailers and boxes in West Whiteland Township:

[Amended 3-10-2004 by Ord. No. 310]

A temporary use permit may be issued for a storage trailer or a storage box for a period of no more than 30 days and may be renewed for an additional 30 days if the Zoning Officer determines all conditions have been met. A temporary use permit may not be issued for a time period exceeding 60 days in a given calendar year.

One outdoor storage trailer per business will be permitted in a given calendar year.

Outdoor storage trailers are subject to all applicable fire, health, safety, and building regulations/codes.

A plot plan showing the placement of the proposed storage trailers shall be submitted with the request for a temporary use permit.

(e)

The storage trailer must be placed at the side or rear of the existing building or completely out of public view.

(f)

The storage trailer shall not affect local traffic and pedestrian circulation around the building and or shopping center and may not be located in such a manner as to affect loading areas.

(g)

The storage trailer shall not impede the growth or maintenance of required landscaping.

(h)

Existing parking spaces may not be used for temporary storage containers.

(i)

Storage trailer(s) shall be placed on an impervious (paved) surface.

(j)

A deposit in accordance with the Township fee schedule shall be required prior to issuance of a temporary-use permit for the storage trailer to cover the cost incurred by the Township to remove any outdoor storage trailer that is found to be in violation of the above standards.

(k)

Any trailer found to be in violation of this section shall be removed within three days of written notice from an agent of West Whiteland Township authorized to enforce this article. Such notice may be transmitted in letter form or may be conveyed using a West Whiteland Township Code violation notice.

(l)

Any person(s), corporation, entity, tenant, property owner or agent of a property owner that violates this section or permits the violation of this section shall be subject to the penalties as set forth in Chapter 300, Vehicles and Traffic, Article VI, Removal and Impoundment of Illegally Parked and Abandoned Vehicles, § 300-44, of the Code of the Township of West Whiteland.

(m)

Storage trailers, office trailers and similar items used strictly for purposes of lawful construction/land development under the applicable West Whiteland Township Building Code, Fire Prevention Code, Zoning Ordinances and Subdivision/Land Development Ordinance[1] shall be exempt from this article provided that a valid use and occupancy permit has been issued for such trailer in accordance with all applicable West Whiteland Township codes, ordinances and fee schedules.

Editor's Note: See, respectively, Ch. 129, Construction Codes, Uniform; Ch. 325, Zoning; and Ch. 281, Subdivision and Land Development.

In residential districts, no more than one trailer, recreational vehicle, boat, unlicensed vehicle or similar items shall be stored outside at any one time on a single lot.

Shopping cart storage. Any establishment which furnishes carts or mobile baskets as an adjunct to shopping, shall provide definite areas within the building and parking space area for storage of said carts. In no case shall any such cart be allowed to be removed more than 300 feet from said establishments. Each designated storage area shall be enclosed by a barrier at least six inches higher than the parking area surface, shall be clearly marked for storage of shopping carts. All shopping carts shall be stored indoors during nonoperating hours.

§ 325-36 Access and traffic control.

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

Unless clearly impractical or inappropriate, lots which abut two or more streets shall have direct access only to a street of lesser functional classification.

Where lots are created having frontage on expressway, arterial, major collector and minor collector streets, as classified by the Comprehensive Plan, any proposed development street pattern shall provide reverse frontage to local streets within the subdivision unless clearly impractical due to lot configuration or topography. Residential developments which propose streets with reverse frontage lots shall buffer the reverse frontage lots along the rear yard lot line from the major street, in accordance with § 325-33.

Each use with less than 100 feet of street frontage shall not have more than one ingress and egress line to such street and no use with 100 feet or more of street frontage shall have more than two accessways to any one street for each 400 feet of street frontage. A common access point for two or more uses is encouraged, where practical, to minimize vehicular access points along streets other than local streets.

All vehicular accessways to any public street shall be located at least 100 feet from any intersection of a street measured from center line to center line.

Provision shall be made for safe and efficient ingress and egress to and from public streets, without undue congestion or interference with normal traffic flow within the Township. The developer shall be responsible for the design and construction, and the costs thereof, of any necessary traffic control device and/or highway modifications required by the Township and/or the Pennsylvania Department of Transportation (PennDOT).

Obstructions to vision.

On any lot, no wall, fence or other obstruction shall be erected, allowed or maintained and no hedge, tree, shrub or other growth shall be planted or exist which dangerously obscures the view of approaching traffic along street or at intersections.

On a corner lot, nothing shall be erected, placed or allowed to grow which dangerously obscures the view within a clear sight triangle defined by the following:

Above the height of 2 1/2 feet and below the height of 12 feet measured from the center-line grades of the intersecting streets.

Within the area bounded by the center line of intersecting streets and a line joining points on these center lines 75 feet from an intersection of the center lines of such streets.

Driveway and street entrances onto public streets shall be maintained in such a manner that a clear view is obtained in both directions according to the following standards:

[Amended 3-10-2004 by Ord. No. 310]

	Posted Speed of Public Road (mph)	Minimum Sight Distance (feet)¹
	20	200
	25	250
	30	300
	35	350
	40	400
	45	450
	50	500
	55	550

	NOTE:
	¹	Measured 10 feet from the edge of the cartway of the public street.

§ 325-37 Interior circulation.

The following regulations shall apply to all uses except single-family and two-family dwellings, unless otherwise specified:

Design of access aisles and drives.

Interior drives shall be designed to prevent blockage of vehicles entering or leaving the site. Drives may be one-way or two-way. Areas designed for loading and unloading, refuse collection, fuel delivery and other service vehicles shall be arranged as to prevent blocking or interfering with accessways, the use of automobile parking facilities or pedestrian ways, and shall have adequate turnaround surface so egress to the street is in a forward direction.

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

To assist in traffic channelization, raised islands shall be placed at the ends of parking bays so that the end of the bay adjacent to a driving aisle or ring road is clearly delineated. Such islands shall be landscaped, but shall be designed so as not to impair visibility needed for traffic flow and turning movements.

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

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

All interior drives and accessways shall be paved with an approved paved, all-weather surface, and shall be graded, properly drained and maintained in a good condition. Interior drives shall have a maximum grade of 8%, measured along the center line, for a distance of not less than 25 feet from the street right-of-way line. Beyond that point, interior roads and drives shall have a maximum grade of 10%.

Minimum interior drive cartway widths (with no abutting parking).

Use	Two Lane Two-Way Drives (feet)	One Lane One-Way Drive (feet)
Multifamily	24	12
Commercial/Office	24	14
Industrial	25	14

Common or shared access driveways to parking and loading areas is permitted and encouraged; provided, landowners shall submit a site plan and agreement indicating the extent of joint use and maintenance.

Fire lane easements.

Any use located more than 600 feet from a street shall provide a duly dedicated fire lane easement to within 150 feet of said use.

Fire lane easements shall extend from existing and improved public streets and shall have a minimum unobstructed right-of-way width of 30 feet, within which there shall be constructed an all weather paved and well drained cartway not less than 20 feet wide.

Fire lane easements which curve from or change directions shall have a minimum radius of 55 feet and those containing reverse curves shall have a minimum center-line tangent length of 50 feet between curves.

Dead-end fire lane easements shall not exceed 400 feet in length and shall be terminated with an unobstructed vehicular turnaround or cul-de-sac with a minimum surface radius of 35 feet.

(7)

Pedestrian circulation. The following regulations shall apply to all uses, including single-family and two-family dwellings, as applicable:

The developer shall preserve existing trails or install trails and pathways or other pedestrian facilities as necessary and desirable to achieve the following:

Logically continue, link or expand existing pedestrian facilities on, across and abutting the site consistent with the recommendations of the West Whiteland Township Comprehensive Plan.

Provide pedestrian access to existing or anticipated public bus or train transportation pickup points, public parks, community facilities and commercial areas.

[3]

Implement the pedestrian circulation plan identified on Map No. 17 of the Comprehensive Plan as it shall be amended and supplemented.

[4]

Provide convenient and logical walkway connections between the entrances of a principal building and its required parking spaces, preferably in conjunction with landscaped planting islands that provide shade, visual relief from glare and physical separation from vehicular areas. A walkway shall be a minimum six feet wide where it abuts the width of parking spaces where the vehicle may overhang the walkway.

Maximum separation of pedestrian and vehicular routes shall be encouraged, where space permits, for safety and comfort of pedestrians. Separation can be in the form of any one or combination of the following:

Horizontal distance.

Vertical distance (level changes such as overpasses, underpasses and embankments).

[3]

Street trees, landscaping and other barriers such as bollards and fences.

§ 325-38 Loading and unloading.

In connection with any building or structure which is erected or substantially altered and which requires the receipt or distribution of materials or merchandise by trucks or similar vehicles, there shall be provided a sufficient number of off-street loading and unlading berths for the intended use, in accordance with the following minimum requirements.

Location. Such areas shall not be located between the building setback line and street line, and loading facilities shall be buffered in accordance with § 325-33E.

Space allowed. Space allowed to any off-street loading berth shall not, while so allocated, be used to satisfy the space requirements of any off-street parking facilities or portions thereof. Required off-street parking spaces or accessways shall not be used for loading and unloading purposes except during hours when business operations are suspended.

Access. Off-street loading and unloading areas shall be provided with proper and safe access, preferably separate from other vehicular and pedestrian circulation. In any case, loading and unloading operations, including arrival and departure, shall not interfere with traffic and pedestrian circulation on public streets or within required off-street parking areas.

Size. Loading and unloading space shall be at least 15 feet wide, 14 feet vertical clearance, 55 feet deep and shall have an adequate maneuvering apron.

Surfacing. Loading and unloading spaces shall have paved all-weather, dustless surfaces of sufficient load-bearing properties consistent with the intended use.

§ 325-39 Off-street parking.

No building or structure shall hereafter be constructed, enlarged or modified and no use or activity shall be conducted or expanded unless provision is made on the same or adjacent lot for off-street parking facilities, either within a structure or in the open, and with proper and safe access from a street, to adequately serve the uses within the district according to the provisions of this section. In an effort to preserve open space amenities the construction of underground parking or parking in above ground facilities is encouraged. The following regulations shall apply to all uses except single-family and two-family dwellings, unless otherwise specified.

Required off-street parking facilities as accessory to uses listed herein shall be solely for the parking of passenger automobiles of patrons, occupants and/or employees.

No motor vehicle repair work of any kind except emergency service shall be permitted on parking lots.

Location.

In no case shall any portion of a public or private street be utilized in complying with the parking requirements of this section.

All parking spaces shall be on the same lot as the principal buildings except when permitted by the Board of Supervisors.

The parking spaces required in Subsection H may be located elsewhere than on the same lot when authorized by the Board subject to the following conditions:

The owners of two or more establishments shall submit with their application a site plan and agreement showing joint use, agreement, maintenance responsibility and location of a common off-street parking area.

Some portion of the common off-street parking area shall lie within 200 feet of an entrance, regularly used by patrons, into the building served hereby.

No parking or paved area, except for permitted accessways, shall directly abut a public street. Each such area shall be separated by a buffer meeting § 325-32 of this chapter.

[Amended 3-10-2004 by Ord. No. 310]

For residential dwellings, the spaces shall be within 100 feet of the dwelling unit they serve.

A garage may be located wholly or partly inside the walls of the principal building or may be attached to the outer walls. If separated from the principal building, the garage shall conform to all accessory building requirements and shall not be located in a required yard space. The garage may be constructed under a yard or court, when authorized as a conditional use, but may not extend within 10 feet of any lot line. The space above the underground garage shall be deemed to be part of the open space on the lot on which it is located to the extent determined by the Board of Supervisors when authorized as conditional use.

Size.

A motor vehicle garage, or an outdoor parking space for each vehicle shall be at least 18 feet deep and shall be nine feet wide, except for required handicapped spaces which shall be eight feet wide with an adjacent five-foot-wide accessible aisle for passenger vehicles, or have an adjacent eight-foot-wide accessible aisle for van spaces.

The required parking area shall be measured exclusive of interior drives or maneuvering areas.[1]

Editor’s Note: Former Subsection E(3), pertaining to stall depth, stall width and aisle, as amended and which immediately followed this subsection, was repealed 5-30-2012 by Ord. No. 399.

Design.

Interior circulation within parking areas shall be in accordance with the provisions of § 325-37.

Parking areas shall be landscaped in accordance with the applicable provisions of Article IV of Chapter 281, Subdivision and Land Development, of the Code of the Township of West Whiteland.

Parking spaces shall be clearly delineated by suitable markings. Special use spaces such as short-term visitor parking, handicapped parking and pickup/dropoff zones shall be differentiated by suitable markings from long-term employee spaces.

[Amended 5-30-2012 by Ord. No. 399]

Parking spaces shall have paved all-weather surface, unless otherwise approved by the Board of Supervisors. Pervious cover such as porous paving, concrete lattice blocks or gravel could be substituted if approved by the Board of Supervisors for reserve or overflow parking. Parking areas shall have a minimum slope of 1% in any direction to provide for drainage and a maximum slope of 6% in any direction for safety, user convenience and stormwater runoff control.

Handicapped parking. All uses other than single-family detached dwellings shall comply with the handicapped parking requirements of the Americans with Disabilities Act (ADA).

The number of required handicapped spaces shall be provided according to the following chart:

	Total Parking In Lot	Handicapped Spaces Required
	1 to 25	1
	26 to 50	2
	51 to 75	3
	76 to 100	4
	101 to 150	5
	151 to 200	6
	201 to 300	7
	301 to 400	8
	401 to 500	9
	501 to 1,000	2% of total
	1,001 and over	20 + 1 for each 100 over 1,000

Said spaces shall be most accessible and approximate to the building or buildings which the parking spaces shall serve.

Each space or group of spaces shall be identified with a clearly visible marking and signs displaying the international symbol of access.

As required by the ADA code, curb ramps shall be provided to permit handicapped people access from the parking lot to the sidewalk or building entrance.

Residential parking requirements. Minimum off-street parking requirements for residential uses shall be as follows:

Housing Unit
Type/Size¹		Parking Requirement²
Single-family detached
	2-bedroom	1.5
	3-bedroom	2.0
	4-bedroom	2.5³
	5-bedroom	3.0
Apartment
	1-bedroom	1.8
	2-bedroom	2.0³
	3-bedroom	2.1
Townhouse
	1-bedroom	1.8
	2-bedroom	2.3³
	3-bedroom	2.4
Mobile home
	1-bedroom	1.8
	2-bedroom	2.0³
Retirement community		50% of the above requirements

	NOTES:
	¹	Requirements for attached units (apartment/condominium/townhouse) include provisions for guest parking.
	²	When determination of the required number of parking spaces results in a fractional space for the entire development, any fraction of 1/2 or less may be disregarded, while a fraction in excess of 1/2 shall be counted as one parking space.
	³	If applicant does not specify the number of bedrooms per unit, this off-street parking requirement shall apply.

Nonresidential parking requirement.

Parking and, where appropriate, stacking spaces, shall be required of all uses in accordance with the table below. The standards include employee parking except when specified otherwise. Where multiple uses occur in the same building or on the same lot, the sum of the parking required for all uses shall be provided except when a modification is authorized as provided for by Subsection H(3) below. All calculations shall be on the basis of gross floor area.

Where the required parking standard is based on floor area, the Planning Commission may recommend the reduction of the number of parking spaces required to be paved initially for a use or establishment after hearing credible testimony from the applicant that a lesser number of spaces will be required, based upon parking studies of similar uses. In such instances, the plan submitted must show that sufficient land is reserved and properly identified as such to meet the full requirements of this chapter at such time as any such additional parking space may be required and the applicant shall agree to install said reserve parking areas upon demand by the Township.

The Board of Supervisors may authorize a reduction in the number of required parking spaces in cases where the Planning Commission has recommended that there will be a sharing of parking spaces by uses with different periods of peak parking demand and applicant can justify the reduction and still provide adequate facilities. Where a reduction is approved, the Board shall require the applicant to design parking reserve area on the development plan for the number of additional spaces that would satisfy the requirement of this subsection. The design for the parking reserve area shall comply with § 325-36, this § 325-39 and § 325-40 of this chapter. The Board may require that the parking reserve area be developed if and when it determines the need. Until such time it is developed, the parking reserve area shall be landscaped.

Required parking spaces shall be provided in such a manner as to have direct and unimpeded access to a travel aisle, without potential blockage by another parking space.

Stacking spaces, where required, shall be provided so as not to block or cross travel lanes, whether within a parking lot or on adjacent streets. A clear bypass lane shall be provided for the benefit of traffic that either does not wish to use the drive-through facilities or for motorists who have entered the drive-through lanes and wish to exit before reaching the sales or service window.

Minimum off-street parking requirements in addition to employee spaces shall be as follows:

	Use	Minimum Parking Requirements
	Bowling alley	4 spaces per lane
	Convenience market (gross floor area of less than 6,000 square feet)	6 spaces/1,000 square feet of floor area
	Drive-through service or sales window	7 stacking spaces per lane shall be provided in addition to the space adjacent to the window
	Eating and drinking establishments without drive-through lane	1 space/2 seats
	Eating and drinking establishment with drive-through lanes	1 space/3 seats
	Funeral home	1 space/50 square feet devoted to assembly or view room purposes
	Furniture or carpet store of less than 50,000 square feet of floor area	3 spaces/1,000 square feet
	Garden center plant display (exclusive of areas devoted to sales and display of inorganic materials)	2 spaces/1,000 square feet
	Gasoline service station	1 spaces/3 gasoline pumps in addition to filling spaces
	Golf course (regulation, regardless of the number of holes)	4 spaces/tee plus 1 per employee
	Golf course (miniature)	2.5 spaces/hole plus 1 per employee
	Golf course (driving range)	1.5 space/tee plus 1 per employee
	Health or exercise club	10 spaces/1,000 square feet of floor area
	Home occupation	1 spaces for each nonresident employee
	Hospital	2 spaces/patient bed
	Hotel/motel	1.25 spaces per room
	Industry, manufacturing and assembly operations [Amended 3-10-2004 by Ord. No. 310]	1 space/500 square feet of floor area or 1 space per 2 employees on the maximum shift, whichever is greater
	Institution	1 space/2 beds
	Laundromat	1 space/washing machine
	Laboratories, research and development	3.5 spaces/1,000 square feet of floor area
	Nursing home, skilled nursing facility, or similar institution	1 space/5 beds plus 1 space per employee
	Offices, banking and financial	4.5 spaces/1,000 square feet of floor area
	Offices, health sciences and clinics	1 space/150 square feet of floor area
	Offices, general business and office buildings	3.5 spaces/1,000 square feet of floor area
	Places of assembly, cinemas, theaters, churches, meeting places	1 space/3 seats
	Recreational use not specified	1 space/3 individuals at estimated maximum capacity, including both spectators and participants
	Retail stores of a category not specified, with less than 100,000 square feet of floor area; personal or business service establishments; and shopping centers of less than 600,000 square feet of floor area, where less than 5% of the floor area is devoted to eating and drinking establishments. Eating and drinking establishments in excess of 5% of the floor area and cinemas provided as part of a shopping center shall have parking demand for those uses calculated separately and added to the required parking after the floor area devoted to these uses as been subtracted out.	4.5 spaces per 1,000 square feet of floor area
	Retail stores of a category not otherwise specified, with 100,000 square feet of floor area or more; and shopping centers of 600,000 square feet of floor area or more, where less than 5% of the floor area is devoted to eating and drinking establishments. Eating and drinking establishments in excess of 5% of the floor area and cinemas provided as part of a shopping center shall have parking demand for those uses calculated separately and added to the required parking after the floor area devoted to these uses has been subtracted out.	5 spaces per 1,000 square feet of floor area
	Schools, colleges and technical	1 space per 2 students of maximum capacity
	Vehicular repair	4 spaces per service bay
	Vehicular sales	1 space/800 square feet of sales area reserved for customers and employees
	Video rental establishment	6 spaces/1,000 square feet of floor area
	Warehousing, wholesale storage or distribution	1 space/1,000 square feet of floor area

§ 325-40 Storm drainage.

[Amended 12-11-2013 by Ord. No. 409[1]]

For any new use or modification of an existing use, the Township may require that a plan be prepared to provide adequately for drainage of all buildings and other impervious surfaces, including, where appropriate, areas of on-site retention and groundwater recharge, the use of natural drainage systems, and the installation of facilities for erosion and sedimentation control and stormwater management. Plans shall be prepared as specified in Chapter 270, Stormwater Management, of the Code of the Township of West Whiteland, as amended, which is incorporated herein by reference and made a part hereof.

Editor's Note: This ordinance provided an effective date of 1-1-2014.

§ 325-41 Physical performance standards.

The following regulations shall apply to all districts:

Air quality. There shall be no emission of smoke, ash, dust, fumes, vapors, gases, or other matter toxic or noxious to air which violates the Pennsylvania Air Pollution Control Laws, including the standards set forth in Chapter 123 (Standards for Contaminants) and Chapter 131 (Ambient Air Quality Standards), Part III, Title 25, Pennsylvania Department of Environmental Protection, Rules and Regulations. No user shall operate or maintain or be permitted to operate or maintain any equipment, installation or device which by reason of its operation or maintenance will discharge contaminants to the air in excess of the limits prescribed herein unless he shall install and maintain in conjunction therewith such control as will prevent the emission into the open air of any air contaminant in a quantity that will violate any provision of this chapter.

Fire and explosive hazards. All activities and all storage of flammable and explosive material at any point shall be provided with adequate safety devices against the hazard of fire and explosion, and adequate fire-fighting and fire-suppression and equipment and devices as detailed and specified by the laws of the Commonwealth of Pennsylvania. All buildings and structures and activities within such buildings and structures shall conform to the Building Code, the Fire Prevention Code, and other applicable Township ordinances.[1] Any explosive material shall conform to the requirements of Chapter 211, Title 25, Rules and Regulations, Pennsylvania Department of Environmental Protection, for Storing, Handling and Use of Explosives.

Editor's Note: See Ch. 129, Construction Codes, Uniform.

Glare and heat. No direct or sky-reflected glare, whether from floodlights or high temperature processes such as combustion or welding or otherwise, so as to be visible at the lot line shall be permitted. These regulations shall not apply to signs or floodlighting of parking areas otherwise permitted by this chapter. There shall be no emission or transmission of heat or heated air so as to be discernible at the lot line.

Liquid and solid waste. There shall be no discharge at any point into any public or private sewerage system, or watercourses or into the ground, of any materials in such a way or such a nature, as will contaminate or otherwise cause the emission of hazardous materials in violation of the laws of West Whiteland Township and the Commonwealth of Pennsylvania, and specifically Chapters 73, 75, 95 and 97, Title 25, Pennsylvania Department of Environmental Protection, Rules and Regulations.

Noise. Limits on noise and the regulation thereof shall be in accordance with Chapter 213, Noise Disturbance, of the West Whiteland Township Code of Ordinances.

[Amended 3-10-2004 by Ord. No. 310; 5-30-2012 by Ord. No. 399; 9-11-2013 by Ord. No. 407]

Odor. No uses except agricultural operations shall emit odorous gases, or other odorous matter in such quantities to be offensive at any point on or beyond its lot lines. The guide for determining such quantities of offensive odors shall be the 50% response level of Table 1 (Odor Thresholds in Air), "Research or Chemical Odors: Part I - Odor Thresholds for 53 Commercial Chemicals," October, 1968, Manufacturing Chemists Association, Inc., Washington, D.C.

Vibration. No vibration shall be produced which is transmitted through the ground and is discernible without the aid of instruments at or at any point beyond the lot lines.

Radioactivity or electrical disturbances. There shall be no activities which emit dangerous radioactivity at any point. There shall be no radio or electrical disturbance adversely affecting the operation of equipment belonging to someone other than the creator of disturbance. If any use is proposed which incorporates the use of radioactive material, equipment or supplies, such use shall be in strict conformity with Chapters 211, 223, 227 and 229, Title 25, Article V, Pennsylvania Department of Environmental Protection, Rules and Regulations.

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

§ 325-42 Traffic impact study.

[Amended 3-10-2004 by Ord. No. 310; 12-8-2021 by Ord. No. 466]

Applicability. A traffic impact study, consistent with the requirements of this section, shall be required:

As part of a conditional use application for projects requiring impact statements or studies pursuant to § 325-124A(4) of this chapter; and

As part of a preliminary/final plan submission for projects that do not require conditional use review but generate 100 or more peak hour new trips during the weekday morning commuter peak hour, or the weekday afternoon commuter peak hour, or the Saturday midday peak hour, or the peak hour appropriate for the land use as estimated by the Institute of Transportation Engineers' publication, Trip Generation.

Purpose. A traffic impact study shall provide the Township with information to assess the likely impact of a proposed development upon the various components of the transportation system in the Township; to identify any traffic problems likely to affect ingress, egress, road capacities, and off-site traffic flow; to determine the impact on public transportation and pedestrian and nonmotorized circulation; and to identify solutions to the traffic and transportation problems.

Professional input. The traffic impact study shall be prepared by a qualified professional engineer, licensed in the Commonwealth of Pennsylvania, who specializes in traffic. Said qualified professional engineer shall hold a degree in civil engineering from an accredited university, or hold a university degree in a transportation specialty, or shall meet the definition of a "Municipal traffic engineer," as provided in 67 Pa. Code, Chapter 205, as amended, entitled "Municipal Traffic Engineering Certification." In all cases, the professional must be a member of the Institute of Transportation Engineers or hold a certification from the Institute of Transportation Engineers as a Professional Traffic Operations Engineer. In all cases, the professional career focus of the individual must be primarily in the field of traffic engineering or transportation planning.

Definitions. The following terms shall have the meanings indicated when used in this section.

LEVEL OF SERVICE

As defined by the Highway Capacity Manual and ranging on a scale of "A" through "F," the measure of the operational conditions within a traffic stream based upon factors such as speed, travel time, delay, freedom to maneuver, traffic interruptions, comfort, and convenience.

QUEUE ANALYSIS

An analysis that identifies the maximum length of a line of vehicles in each traffic stream, measured in feet. The analysis shall utilize a computer model accepted by the PennDOT and the Township.

STUDY AREA

The key intersections surrounding the site that are likely to be affected (from a traffic impact standpoint) by a development. The extent of the study area shall be established in the course of discussion among the applicant, the applicant's traffic professional (if any), and the Township. Intersections to be included in the study shall be mutually agreed upon by the applicant and the Township prior to initiating work.

TRIP GENERATION

The total count of trips to and from the subject development per unit of land use (i.e., dwelling unit, square footage, etc.) as established by the Institute of Transportation Engineers' publication, Trip Generation, and approved by the Township. For land uses not documented by the Institute of Transportation Engineers or for those land uses with limited available trip generation data, the applicant's traffic engineer shall seek guidance from the Township prior to completion of the study. For applications involving an expansion or relocation of an existing facility, actual trip generation characteristics of the existing land use may be utilized, as appropriate and subject to acceptance by the Township. Other local sources of trip generation data may be acceptable, subject to the approval of the Township.

VOLUME/CAPACITY ANALYSIS

Comparison of the volume of traffic using a facility to its capacity. The procedure for such analysis shall be consistent with the Highway Capacity Manual, or other methodology as may be acceptable to the Township, and a computer model acceptable to the PennDOT and the Township.

Contents of impact study. A traffic impact study shall, at a minimum, contain the following information:

Site and project description. This description shall identify the site, proposed land use(s), the surrounding area, and the transportation setting, including:

General site description. The site description shall include the size, location, proposed land uses, construction staging and completion date of the proposed development. The description shall include the characteristics of site users with respect to their transportation needs. In addition, the description for educational, day-care, or similar facilities shall include a narrative of the arrival and dismissal times, student drop-off/pickup procedures, number of school buses, and number of students. The description shall also include an evaluation of any proposed drive-through facilities to establish the adequacy of the proposed design, relative to internal access, stacking, and ingress/egress.

Multimodal transportation facilities description. Document the existing and proposed multimodal facilities serving the site internally and externally. This description shall include pedestrian, bicycle, and transit services as appropriate, including connections to the surrounding road system within the study area, connections to neighboring properties, and connections to other area transportation facilities, such as the Chester Valley Trail, area bus stops and local train service.

Vehicle access and road facilities description. Document existing and proposed vehicle access to the site, including connections to the surrounding road system, and opportunities for connections to neighboring properties to encourage access management. Describe existing and proposed traffic control improvements, access intersection spacing, turning lanes, sight distances, channelization and turning restrictions, as well as existing and proposed road widths and right-of-way along all internal, access, and frontage roads. Refer to PennDOT for information related to state roads or relevant transportation best practices.

Study area. Describe the adjacent external road system and study intersections, including daily traffic volumes, speed limits, number of lanes, presence of shoulders, road classification, and any traffic control at intersections. Intersection plans or sketches shall be provided.

Existing traffic conditions. Existing traffic conditions shall be documented for all major roadways and intersections established as part of the approved study area and shall be based on the following:

Existing peak-hour turning movement traffic volumes shall be recorded at all study intersections and shall be conducted encompassing both the peak highway and development hours. Daily traffic volumes shall be documented in the report for each of the study roadways. The report shall provide figures illustrating the peak-hour turning movement traffic volumes, and documentation regarding all traffic counts;

A volume/capacity analysis based on existing traffic volumes shall be performed during the peak highway and development hours for all study intersections, including specific conditions and/or locations as may be established by the Township. The level of service results of the volume/capacity analysis shall be presented graphically;

A summarization of the most recent crash data for the past five years, including both PennDOT reportable and nonreportable crashes within the study area, shall be provided. If necessary or if required by the Township, coordinate with the Township Police Department to understand existing crash issues; and

If necessary or if recommended by the Township Traffic Engineer, conduct a speed study to verify the 85th percentile speed of traffic along the roads on which access to the site is provided. The results of such study are to be used in the design of the access and traffic improvements.

Future conditions analysis without the proposed development. An evaluation of the anticipated future traffic volumes and the ability of the road network to accommodate this traffic without the proposed development shall be provided. The analysis shall be completed for each study peak hour for the development completion year, any interim years if development phases are proposed, and for the design year five years after the development completion year if also required by PennDOT. This evaluation shall include the following:

Peak-hour traffic volumes shall be projected for the future year(s) based on traffic growth information compiled by the Chester County Planning Commission, the Delaware Valley Regional Planning Commission, and/or PennDOT. Projected traffic volumes shall also include anticipated traffic growth associated with other area proposed developments, approved developments, or developments under construction. All assumptions and methodologies used to forecast the future traffic volumes shall be clearly documented. Figures shall be provided in the report illustrating the peak-hour turning movement traffic volumes;

A volume/capacity analysis based on future without-development traffic volumes shall be performed during the peak highway and development hours for all study intersections. The level of service results shall be presented graphically;

A queuing analysis shall be performed during the peak highway and development hours for each study intersection. The results of the analysis shall be presented in tabular form, and the available storage lengths for all existing and proposed lanes shall be identified to determine the adequacy of these facilities to accommodate the anticipated future vehicular traffic queues; and

Roadway and intersection improvements committed to by others for implementation prior to the future year(s) shall be included in the analysis. The applicant's traffic engineer shall consult with the Township to determine the appropriateness of future roadway and intersection improvements. An analysis of future conditions both without and with improvements shall be provided, if appropriate.

Trip generation characteristics. Estimates of vehicle trips to result from the proposed development shall be completed for the future year's(s') peak highway and development hours, and shall be determined as follows:

Estimation of the number of trips generated by the proposed uses for each study hour and on a daily basis shall be developed.

Traffic volumes generated by the proposed development shall be distributed and assigned throughout the study area for each of the study peak hours. Documentation of all assumptions used in the distribution and assignment of traffic shall be provided.

Future conditions analysis with the proposed development. A description of the adequacy of the roadway system to accommodate future traffic with development of the site shall be provided. The analysis shall be completed for each study peak hour for the development completion year, any interim years if development phases are proposed, and for the design year five years after the development completion year if also required by PennDOT. This evaluation shall include the following:

Daily and peak-hour traffic volumes shall be projected for the design year(s). Projected traffic volumes shall be calculated by adding the anticipated development trip generation to the future traffic volumes without development for the study area and site access(es). Figures shall be provided in the report illustrating the peak-hour turning movement traffic volumes;

A volume/capacity analysis based on future with-development traffic volumes shall be performed during the peak highway and development hours for all study intersections. The level of service results shall be presented graphically; and

A queuing analysis shall be performed during the peak highway and development hours for each study and site access intersection. The results of the queuing analysis shall be presented in tabular form, and the available storage lengths for all existing and proposed lanes shall be identified to determine the adequacy of these facilities to accommodate the anticipated future vehicular traffic queues.

Proposed improvements. A description of proposed transportation improvements to remedy and otherwise mitigate traffic deficiencies and traffic impacts, as established by the analyses required herein, shall be identified, as follows:

Improvements shall be presented for future with-development traffic volumes to mitigate any drop in level of service and increase in delay as caused by the added site trip generation on the intersection overall and as appropriate, in the opinion of the Township, on individual turning movements. If appropriate and acceptable to the Township, the mitigation and the need for improvements may be in accordance with PennDOT criteria.

The description of improvements shall include the location, nature, and schedule, as well as the party responsible for the improvements. The listing of recommended improvements shall include, but not necessarily be limited to, internal circulation design, site access design location, traffic signal installation and/or operation, road and/or intersection widening, multimodal improvements to reduce vehicle traffic, travel demand management strategies, and strategies to reduce site impact intensity.

A volume/capacity analysis shall be presented demonstrating the anticipated operating conditions of the study intersections upon implementation of any recommended improvements. The level of service results of the volume/capacity analysis shall be presented graphically.

Access design recommendations shall be provided consistent with the design requirements of the Township and/or the guidelines of PennDOT, including the following:

The available sight distance measurements shall be indicated for each access, and recommendations shall be provided for any access location that does not provide sufficient sight distance in accordance with the applicable requirements, which may include relocation of the proposed access, provision of separate turning lanes, road improvements, or turning restrictions.

The necessity for auxiliary turn lanes at each site access intersection shall be identified based on the design guidelines of PennDOT.

[3]

All access points and pedestrian crossings shall be examined as to the need for and feasibility of installing traffic signals or other traffic control devices, pursuant to the guidelines and traffic signal warrants of PennDOT.

(7)

Conclusions and recommendations. Projected levels of service for all study intersections shall be identified at the conclusion of each phase of development, and a level of service table shall be provided for comparison of the levels of service. All intersections showing a level of service impact shall be identified, and specific recommendations for mitigation of the traffic impact caused by the trip generation of the proposed development shall be identified. Also, improvements shall be offered to ensure that vehicular traffic queues can be accommodated to provide efficient access and mobility to/from the proposed development for pedestrian and vehicular traffic. The Board of Supervisors may impose upon the applicant additional improvements if deemed necessary to accommodate impacts of the development.

Cost of review. The Township shall be reimbursed by the applicant for all costs incurred for the review of the traffic impact study.

§ 325-43 Design standards. [1]

The purpose of these guidelines and objectives is to give a sense of the physical aspect of the environment to those contemplating new development in the community. Pertinent to the physical appearance is the design of the site, buildings and structures, plantings, signs, street hardware and miscellaneous objects that are observed by the public. These standards are not intended to restrict imagination, innovation or variety, but rather to assist in focusing on design principles which can produce creative solutions that will develop a satisfactory visual appearance within the Township, preserve taxable values and promote public health, safety and welfare.

The landscape shall be preserved in its natural state, insofar as practical, by minimizing tree and soil removal. Any grade changes shall be in keeping with the general appearance with the neighboring developed areas. The orientation of individual building sites shall be such as to maintain maximum natural topography and cover. Topography, tree cover and natural drainageways shall be treated as fixed determinants of road and lot configurations, rather than as malleable elements that can be changed to follow a preferred development scheme.

Streets shall be designed and located in such a manner as to maintain and preserve natural topography, cover, significant landmarks and trees, to minimize cut and fill and to preserve and enhance views in vistas on and off the subject parcel.

Proposed development shall be related harmoniously to the terrain and to the use, scale and architecture of existing buildings in the vicinity that have been functional or visual relationship to the proposed building. Proposed buildings shall be related to their surroundings.

All open space (landscaped and usable) shall be designed to add to the visual amenities of the area by maximizing its visibility for persons passing the site or overlooking it from nearby properties.

The color, size, height, lighting and landscaping of appurtenant signs and structures shall be evaluated for compatibility with the local architectural motif and the maintenance of views and vistas of natural landscapes, recognized historic landmarks, parks and landscaping.

The removal or disruption of historic, traditional or significant uses, structures or architectural elements shall be minimized insofar as practicable, whether these exist on the site or on adjacent properties, particular care is to be given to preserving the setting of historic properties.

Editor's Note: former § 325-43, Costs of study review, was deleted pursuant to Ord. No. 466, adopted 12-8-2021. Said ordinance also redesignated former §§ 325-44 and 325-44.1 as §§ 325-43 and 325-44, respectively.

§ 325-44 Solar energy systems.

[Added 7-27-2011 by Ord. No. 392]

Classification of use.

A solar energy system shall be deemed to be the principal use of a lot when the peak output of the system as designed exceeds 125% of the estimated aggregated peak electrical demand of all consumptive equipment on that lot. Where there are multiple solar energy systems on a lot, this calculation shall be based upon the total peak design output of the aggregated systems. Solar energy systems as a principal use are permitted only where allowed by the district regulations.

All solar energy systems that are not a principal use of a lot, as defined above, shall be deemed an accessory use.

Township review and approval.

The following types of solar energy systems are permitted as an accessory use by right in all zoning districts:

All roof-mounted systems.

Solar heating and cooling systems.

Solar hot-water systems.

Ground-mounted photovoltaic systems where the area of the photovoltaic panels is not more than 1,000 square feet.

The following types of solar energy systems are permitted as an accessory use by conditional use in all zoning districts:

Ground-mounted photovoltaic systems where the area of the photovoltaic panels exceeds 1,000 square feet.

The following types of solar energy systems are permitted as a principal use by conditional use in the I-1 and I-2 Zoning Districts only:

Ground-mounted photovoltaic systems of any size.

Concentrated solar power systems.

Any other type of solar energy system intended to produce power for sale rather than for consumption on the subject property.

The installation of a solar energy system shall be deemed a land development under any one of the following conditions and shall therefore be subject to the review and approval process established by the Township Subdivision and Land Development Ordinance.[1] Land development review and approval shall be in addition to any requirement for conditional use approval.

Where the installation of the solar energy system requires grading of the property, pursuant to the definition of "land development" in § 325-8 above, regardless of whether it is the principal use of the property.

Where the installation of the solar energy system will result in additional impervious cover of 2,000 square feet or more, pursuant to the definition of "land development" in § 325-8 above, and pursuant to the standard enumerated in § 324-44.1E(1) below, regardless of whether it is the principal use of the property.

Where the solar energy system will be the principal use of the property.

Editor's Note: See Ch. 281, Subdivision and Land Development.

General regulations.

The design, construction, and installation of solar energy systems shall comply with all applicable requirements of the West Whiteland Township Building Code (including the electrical and plumbing codes)[2] in addition to the requirements of this section and applicable industry standards. In the event of a conflict among the provisions of this section, industry standards, and the Building Code, the Building Code shall control.

Editor's Note: See Ch. 129, Construction Codes, Uniform.

Solar energy systems shall comply with the Pennsylvania Uniform Construction Code, Act 45 of 1999, as amended, and all other applicable statutes or acts promulgated by the Commonwealth of Pennsylvania.

A building permit shall be required for the installation of all solar energy systems. Where the installation of a solar energy system has been deemed to require review and approval as a conditional use and/or a land development, such approval(s) shall be received prior to the issuance of a building permit.

In addition to other Township requirements, the individual or company responsible for installing the solar energy system shall be approved as a solar system installer by the Pennsylvania Department of Environmental Protection.

Solar energy systems shall be sited to assure solar access without reliance upon adjacent properties.

Solar energy systems may be roof-mounted in compliance with § 325-44.1D below, ground-mounted in compliance with § 325-44.1E below, or incorporated into the structure of a building. No component of a solar energy system shall be mounted upon another structure such that it extends beyond the footprint of that structure.

(7)

Solar energy systems shall comply with the performance standards in § 325-41 above and shall be sited such that they will not cause any glare beyond the property line of the lot whereupon they are located. In the event that any element of a solar energy system shall be found to cause such impermissible glare, the Township shall have the authority to compel the property owner (and/or the owner of the system if he/she/it are not the property owner) to eliminate such glare by a means acceptable to the Township, up to and including the removal of the glare-causing elements.

(8)

Requirement of glare analysis. Under any one of the following conditions, the applicant for a solar energy system that includes photovoltaic panels shall provide with the application a glare analysis prepared and sealed by an engineer licensed in the Commonwealth of Pennsylvania. Such analysis shall document the areas subject to glare from the proposed system. No approval shall be granted nor any building permit issued for a system where such analysis shows that glare will be projected onto any public street or any building on any property other than the one whereupon the system is located.

Where the installation of photovoltaic panels is subject to review as a conditional use or land development as provided for above.

Where photovoltaic panels are to be mounted such that the reflective surface directly faces or is angled toward a public street or any building (other than a building on the same lot as the said panels) without any intervening structure or permanent screen.

(9)

No solar energy system shall be used to display advertising, signage, streamers, pennants, spinners, reflectors, ribbons, tinsel, balloons, flags, banners, or similar materials.

(10)

Solar energy systems shall be promptly removed and properly disposed of when damaged or no longer in use.

Roof-mounted, solar energy systems.

For the purposes of determining compliance with building height limits, a roof-mounted system shall be deemed a type of "mechanical equipment," as that term is used in the definition of "building height" in § 325-8 above.

Roof-mounted systems shall be set back a minimum of three feet from the edge of the roof. In addition, when mounted upon a roof with a slope of 10% or more, the system shall be set back a minimum of three feet from the ridgeline or highest point of the roof.

Electrical conduits serving the roof-mounted system shall be mounted a minimum of 10 inches below the decking of the roof.

When mounted upon a roof with a slope of 30% or more, no part of a roof-mounted system shall extend more than one foot above the highest point of the roof upon which it is mounted.

When mounted upon a roof with a slope of less than 30%, a roof-mounted system shall be surrounded by a visual screen having a minimum height equal to the tallest point of the system.

No part of any roof-mounted system shall extend beyond the edge of the roof upon which it is mounted.

Ground-mounted solar energy systems.

For the purposes of determining compliance with area and bulk regulations, a ground-mounted system shall be deemed a type of "building" and shall be subject to the limitations on height and building coverage as well as the setback requirements established for buildings by the applicable district regulations. The impervious cover calculation shall include only the areas that are paved or otherwise sealed against infiltration; where the system consists of panels elevated above the ground such that stormwater may infiltrate below such panels, the panels shall not be deemed to create impervious cover, although they shall be included in the calculation of building coverage.

When the installation of a ground-mounted system will result in an increase in building coverage [as described in § 325-44.1E(1) above] of 2,000 square feet or more, the applicant for such installation shall provide a stormwater impact analysis describing the impact of the project upon stormwater and providing for appropriate stormwater management facilities as part of the installation. No building permit shall be issued until the analysis and recommendations are found satisfactory to the Township, as advised by the Township Engineer.

When installed as an accessory to a residential use, a ground-mounted system shall not be placed within the front yard.

All electrical and plumbing lines serving a ground-mounted solar energy system shall be in compliance with the applicable Township codes and shall be within a conduit and buried below ground.