The purpose of this article is to identify certain regulations
and standards which are generally either common to all zoning districts
or applicable to more than one district.
A.
No building or structure, or part thereof, shall hereafter be erected,
constructed or altered, and no new use or change shall be made or
maintained of any building, structure or land, or part thereof, except
in conformity with the provisions of this chapter.
B.
Every principal building shall hereafter be built on a lot with frontage
on a public or private street.
C.
No lot or premises shall hereafter be subdivided or reduced in area
or size in any manner so as to violate the provisions of this chapter.
No principal building or part thereof shall be erected within,
or shall project into, any required yard in any district, except for
unenclosed porches, decks, one-story bay windows, eaves, chimneys,
balconies, fire escapes, buttresses, cornices, or steps; and none
of these, except decks or similar projections, shall encroach more
than three feet into the required yard. However, unenclosed decks/porches
may extend only into required front/rear yards as noted below:
A.
Extension of unenclosed decks into required rear yards:
|
District
|
Rear Yard
(feet)
| |
|---|---|---|
|
R-1
|
10
| |
|
R-2
|
7
| |
|
R-3
|
5
| |
|
Townhouse
|
10
|
A.
On any corner lot, no wall, fence or other structure shall be erected
or maintained, and no hedge, tree, shrub or other growth shall be
planted, grown or maintained which may cause danger to vehicular traffic
by obscuring the view or in any other way be a source of danger.
B.
Clear sight triangles shall be maintained at all intersections as required by Chapter 505, Subdivision and Land Development. The Township shall have the right to declare any obstruction to vision within the line of the sight triangle to be a safety hazard and shall direct the owner of the property to have it removed. If the owner fails to do so within 30 days after written notice, the Township shall remove the obstruction, bill the owner and lien the property for the expense involved.
A.
Accessory structures shall be located, erected and maintained in
side or rear yard areas only.
B.
No accessory structure shall be more than one story and a maximum
of 15 feet in height as measured from the ridge beam, except when
a greater height is permitted by special exception in the case of
an accessory to a nonresidential use.
C.
Accessory structures shall cover not more than the following percentages
of the lots on which they are located and shall have not less than
the setbacks required below:
|
District
|
Accessory Structures Maximum Lot Coverage
|
Setbacks from Side and Rear Lot Lines
(feet)
|
Setback from Principal Building
(feet)
| |
|---|---|---|---|---|
|
R-1
|
6% or 1,200 square feet (whichever is less)
|
5
|
10
| |
|
R-2
|
8% or 900 square feet
|
5
|
5
| |
|
R-3
|
12% or 600 square feet
|
3
|
5
| |
|
C-1
|
10% or 960 square feet
|
5
|
5
| |
|
C-2
|
960 square feet
|
10*
|
5
|
|
NOTES:
| ||
|---|---|---|
|
*
|
No accessory structures can be located in a buffer area in the
C-2 District.
| |
D.
All other districts, except PRD, shall allow a maximum of 10% of
the lot or 5% of the tract to be covered as, for example, in the Apartment
District a minimum setback of five feet is required in all cases cited
in this subsection.
E.
Utility sheds, which are considered accessory structures shall not:
(1)
Cover an area greater than 1 1/4% of the lot area. In mobile
home parks, utility sheds shall not cover an area greater than 62 1/2
square feet.
(2)
Exceed 400 square feet, notwithstanding the one-and-one-quarter
percent requirement noted above.
(3)
Utility sheds shall not be used for parking or storage of vehicles.
F.
Installation requirements for utility sheds, gazebos, screen rooms
shall be as follows:
(1)
They may be installed or erected on any property within the
Township without the placement of footers or foundations beneath,
provided that, for the purpose of rodent and vermin control, they
are placed on a concrete slab not less than four inches thick, and
further provided that they comply with all other requirements of the
Building Code.
(2)
Four inches of crushed stone can be used in lieu of a concrete
slab in the event that the shed is of the fabricated wooden variety
with a treated wooden floor system. Such a system must contain treated
skids that elevate the floor of the building a minimum of four inches
above grade for air circulation beneath the structure. Wire must be
secured to the perimeter skids as a rodent and vermin control.
(3)
The concrete slab or stone must be no less than two inches larger
than the maximum length and width of the shed.
A.
In all residential districts, no wall, fence, hedge or other similar structure or growth shall extend into any front yard. For all corner lots, the side yard dimensions of the zoning district in which the lot is located shall apply. Notwithstanding the foregoing to the contrary, the provisions of § 600-158 shall also apply.
B.
Except as specifically noted otherwise, no wall, fence, hedge or
similar growth in a residential district shall exceed six feet in
height, with the exception of fences required around swimming pools,
in which case said fence may be not less than four feet nor more than
six feet in height.
D.
However, fences surrounding public or semipublic uses, tennis courts
or ball fields may have a height of not more than 12 feet.
E.
No electrified fences shall be erected, unless used for animal restraint/control,
such as an invisible fence.
A.
The minimum lot area and maximum coverage regulations of this chapter
shall apply to public utility facilities, unless the Pennsylvania
Public Utility Commission decides the proposed building is reasonably
necessary for the convenience or welfare of the public; provided,
however, that all yard and maximum height regulations shall apply,
except for necessary towers, poles, lightning rods, arresters and
similar extensions.
B.
In residential districts, the permitted public utility facilities
shall not include storage of maintenance vehicles or equipment.
Unless specifically stated otherwise for a particular zoning
district, all refuse shall be placed in closed, rigid, verminproof
containers. In the case of townhouses, multifamily dwellings and nonresidential
buildings, all refuse receptacles shall be effectively screened from
the view of residents and from public streets and sidewalks by means
of a fence. All such refuse receptacles shall be placed on the property
responsible for such refuse.
In the case of multifamily dwellings and nonresidential buildings,
lighting facilities shall be provided and arranged in a manner that
will protect the street and neighboring properties from excessive
glare and hazardous interference of any kind. Lighting facilities
shall be provided for the safety and convenience of the residents
of multifamily dwellings or patrons of nonresidential buildings. All
driveways and parking areas must be properly lighted to assure safe
driving conditions at night and security for residents and patrons.
The maximum height of light poles shall be 25 feet in the I Industrial
District and 20 feet in all other districts.
In the event that multifamily dwellings are converted or developed
as condominiums, such condominiums shall be owned and operated in
accordance with the Pennsylvania Unit Property Act of 1963, as amended.[1]
[1]
Editor's Note: Said Act was repealed 7-2-1980 by P.L. 286,
No. 82; see now the Uniform Condominium Act, 68 Pa.C.S.A. § 3101
et seq.
No lot or premises in any part of the Township shall be used
to keep or raise chickens, ducks, pigeons or other fowl, or any rabbits,
hares, guinea pigs, white mice, hamsters or any other small animals
with the exception of specimens kept as household pets, provided the
keeping of same shall not cause a nuisance. No lot or premises in
any part of the Township shall be used to keep or raise any horses,
cows, sheep or any other farm animals or wild animals or reptiles,
whether domesticated or not. In connection with both the small and
large animals mentioned above, the owner may continue to keep or raise
such animals if this activity was in progress before the adoption
of this chapter, provided that such activity does not cause a nuisance.
Standards for structures for sale of agricultural products:
A.
No roadside stand used for the sale of agricultural products shall
remain on the property during seasons when such products are not sold.
C.
The building for the sale of agricultural products shall be located
not less than 35 feet from the right-of-way line.
D.
All sales shall be of products grown on the property.
The following provisions shall regulate satellite antennas.
In this section, the words "antenna" or "antennas" refer to satellite
antennas.
A.
Satellite antennas shall be permitted as accessory uses subject to this section and § 600-159. However, where such antennas are proposed for nonresidential uses in residential districts, they shall be permitted only by special exception.
B.
Ground-based antennas shall not exceed a diameter of two feet to
three feet.
C.
The height of ground-based antennas shall not exceed 15 feet, as required for accessory structures in § 600-159.
D.
All wiring for ground-based antennas shall be underground.
E.
Residential, roof-mounted antennas shall not exceed four feet in
diameter.
F.
Where possible, roof-mounted antennas shall be placed on the portion
of the roof sloping away from the front of the lot.
G.
Applications for roof-mounted antennas shall be submitted to the
Township Zoning Officer and shall be accompanied by a specific mounting
and stress analysis report prepared by a professional engineer.
H.
Satellite antennas should be of a color that blends with the surrounding
landscape. They should have an open mesh rather than a solid surface
to reduce visual blockage.
I.
A planted visual screen or other effective visual barrier shall be
planted or erected and maintained in order to reduce visibility of
a ground-based antenna from a public street.
J.
In residential districts not more than one antenna shall be permitted
on a lot with its use limited to that lot.
K.
Every antenna must be adequately grounded for protection against
a direct strike of lightning.
L.
A permit must be obtained from the Township Building Inspector prior
to the installation of a satellite antenna.
M.
The installation of a satellite antenna must comply with all applicable
local, state and federal regulations.
A.
Swimming pools are intended to be used solely for the enjoyment of
the occupants of the principal permitted use of the property on which
it is located and their guests.
B.
Swimming pools are considered accessory structures and shall meet the setback requirements found in § 600-159C.
C.
Swimming pools must be surrounded by a fence which shall have a self-locking
gate and shall be between four feet and six feet in height. However,
the principal dwelling may also serve as the safety barrier on one
or more sides of the pool.
E.
No swimming pool shall be located under electrical lines or over
existing utility lines.
F.
A plan showing the type, quality and construction of swimming pools
shall be submitted to the Township.
G.
Swimming pools shall comply with all other applicable local regulations.
H.
The Building or Zoning Official may require an applicant to provide
a topographical survey plan with existing and proposed grades which
shall be prepared by a registered engineer or surveyor and approved
by the Township Engineer prior to consideration.
All activities and uses shall be in accordance with the currently
adopted Stormwater Management Design Ordinance.[1]
Activities and conditions related to fire protection shall be in accordance with Chapter 7[1] of the Upper Chichester Township Code of Ordinances and
the most recent adopted version of the Pennsylvania Uniform Construction
Code (UCC) and the National Fire Prevention Code.
[1]
Editor's Note: This refers to Ch. 7 in the prior Code of Ordinances of Upper Chichester Township, which has been redesignated, in part, as Ch. 34, Fire Department, Art. I, Officers and Duties, and Art. II, Occupational Safety and Health Policy; Ch. 187, Buildings, Damaged, Art. I, Boarding of Windows and Doors; Ch. 298, Fire Hydrants; and Ch. 302, Fire Insurance Proceeds. See now also Ch. 307, Fire Prevention and Protection.
A.
Any part or portion of a site which is not used for buildings or
other structures, loading and parking spaces and aisles, sidewalks
and designated storage areas shall be planted and maintained with
landscaping. Maximum advantage shall be taken of existing trees and
shrubs in landscaping.
B.
All landscaped planting areas, as defined in Article II, shall be planted with grass seed, sod or other ground cover and shall be maintained and kept clean of all debris, rubbish, weeds, and tall grass; provided, however, that if such land is naturally wooded, it may continue in its natural state.
C.
Unless otherwise specified, landscaped planting areas may be part
of the required front, side and rear yards.
D.
Except for single-family and two-family dwellings, any part or portion
of a site which is not used for loading and parking spaces, aisles,
sidewalks and designated storage areas shall be landscaped according
to an overall plan, prepared and approved as part of the development
plan or shall be left in its natural state. A replacement program
for nonsurviving plant material should be included.
E.
General requirements for landscape plans.
(1)
Landscaping shall be installed and maintained in accordance
with a landscape plan prepared by a registered landscape architect
and approved by the Township Board of Commissioners. The landscape
plan shall depict all proposed plantings as required within planted
buffers and planted visual screens and in other landscaped areas which
relate to, complement, screen or accentuate buildings, roads, parking
areas, sidewalks, walkways, sitting areas, service or maintenance
structures, courtyards, and other site features.
(2)
The landscape plan shall be based on and reflect the following:
(a)
Respect for and incorporation of existing topographic, landscape
and other natural features.
(b)
The functional and aesthetic factors which relate to the tract
and to the principal and accessory buildings and other structures.
(c)
Enhancing views from and within the tract.
(d)
Screening and complementing proposed buildings and other structures.
(e)
Creating visual interest for the users and/or residents of the
proposed project.
(f)
Using plant materials which are hardy and acclimated to the
conditions at the tract and within the Township.
(3)
The landscape plan shall include notes, diagrams, sketches,
or other depictions to present the consideration and analysis of the
following:
(a)
An analysis of the site in terms of the existing views to and
from the areas which are proposed for development, existing topography
and vegetation conditions and other existing conditions which are
relevant to the site.
(b)
An analysis of proposed planting and other landscaping needs
as related to screening views of buildings, screening parking areas
and other areas where vehicles are parked, screening storage areas,
screening site utilities and other appropriate types of screening.
(c)
The consideration of locations where plantings and other landscaping
are needed to provide visual interest, define outdoor spaces, complement
the proposed architectural style and achieve other functional and
aesthetic requirements for buffer areas.
(d)
Existing trees shall be preserved wherever possible. The protection
of trees 12 inches or more in caliper (measured at a height 4 1/2
feet above the original grade) shall be a factor in determining the
location of buildings, open space, structures, underground utilities,
walks and paved areas. Areas in which trees are to be preserved shall
remain at original grade level and in an undisturbed condition.
(e)
Design criteria for landscape plans.
[2]
Landscaping shall be provided in association with each principal
building in accordance with the following criteria:
[a]
A combination of evergreen and deciduous trees
and shrubs shall be used as "foundation" plantings, i.e., plantings
to be installed in reasonably close proximity to the facades.
[b]
At least one three-and-one-half inch to four-inch
caliper specimen deciduous tree of 11 feet to 13 feet in height at
the time of planting and one eight-foot to ten-foot specimen evergreen
tree shall be planted for every 50 feet of length of building facade.
These specimen trees shall be clustered or grouped to provide a pleasing,
naturalistic effect, and existing trees to be retained may be utilized
to satisfy this requirement.
[c]
Four evergreen and/or deciduous shrubs shall be
planted for every 20 feet of length of building facade.
[d]
Trees and shrubs shall be grouped in accordance
with specific needs and objectives.
[3]
Other landscaping, including trees, shrubs, and ground covers,
shall be provided along walkways, in courtyards, around sitting areas,
at the entrance to the site, and in other highly visible locations,
especially on the outer side of any internal access roads which are
visible from a public street which may adjoin a tract, at the entrance
to buildings, and around structures used for service, storage or maintenance
purposes.
[4]
The location, type, size, height and other characteristics of
landscaping shall be subject to review and approval by the Board of
Commissioners upon recommendations of the Planning Commission and
Township Engineer.
F.
Minimum standards for the quality and maintenance of plant material.
(1)
All plants shall conform with the standards for nursery stock
of the American Association of Nurserymen.
(2)
Trees and shrubs shall be typical of their species and variety,
have normal growth habits, be well developed, and have densely foliated
branches and vigorous, fibrous root systems.
(3)
Trees and shrubs shall be free from defects and injuries and
certified by appropriate federal and state authorities to be free
from disease and insect infestations.
(4)
Trees and shrubs shall be freshly dug and nursery grown. They
shall have been grown under climatic conditions similar to those in
the locality of the project or properly acclimated to the conditions
of the locality of the project.
A.
A planted visual screen, as defined in Article II, shall be provided and continually maintained under the following circumstances. In case of a conflict between any regulation in this section and that in any individual district, the regulation in the individual district shall prevail:
(1)
Where a proposed commercial or industrial use abuts an existing
residential use or residential district and where a proposed institutional
use abuts a residential use.
(2)
Where any proposed multifamily, townhouse or mobile home use
abuts an existing single-family dwelling.
(3)
Any other instance where screening is required by this chapter
or by the Township.
B.
Screening shall comply with the following requirements:
(1)
The planted visual screen shall include a variety of evergreen
species (but no more three) which are indigenous to the area so as
to provide a year-round visual barrier.
(2)
Planted visual screens shall incorporate earthen mounds or berms,
wherever possible, to improve sound as well as visual buffering and
shall be broken at points of vehicular or pedestrian access.
(3)
Plant materials used in screening shall be at least six feet
in height when planted, and no plantings shall be placed with their
center closer than five feet from the property line of the tract.
(4)
All existing trees within the required planted visual screen
greater than three inches in caliper and/or eight feet in height shall
be preserved wherever possible.
(5)
Screening shall be designed so as not to obstruct sight distances
at intersections.
(6)
Screening design, including the type of plant materials to be
used, spacing of plant materials, and the location of earthen berms,
shall be subject to review and approval by the Board of Commissioners
upon the recommendation of the Planning Commission and Township Engineer.
(7)
Screens shall be perpetually maintained during the period the
principal use causing the need for screening is in operation. Any
plant material which does not survive shall be replaced within six
months.
(8)
Water towers, storage tanks, processing equipment, fans, skylights,
cooling towers, vents and any other structures or equipments which
rise above the roofline shall be architecturally compatible or effectively
shielded from view from any public or private dedicated street by
an architecturally sound method which shall be approved, in writing,
by the Township before construction or erection of said structures
or equipment.
(9)
All mechanical equipment not enclosed in a structure shall be
fully and completely screened in a manner compatible with the architectural
and landscaping style of the remainder of the lot. Such screening
shall be subject to site plan and architectural review by the Township.
See Article XXVII.
A.
In the R-1 and R-2 Districts, lots without public sewers or those
without both public sewer and public water may be developed for residential
purposes if the following minimum areas are provided and the minimum
isolation distance requirements of the PADEP are met:
An environmental impact statement (EIS) shall be submitted as part of an application for a PRD (§ 600-100S) or for a use permitted by special exception or conditional use in the Industrial District. The contents of an EIS shall pertain to the particular site under study and shall:
A.
Provide an inventory of the existing environmental conditions at
the site and the surrounding areas, which includes air and water quality,
water supply, hydrology, geology, soil, topography, vegetation, wildlife,
aquatic organisms, pollution sources, ecology, demography, land uses,
aesthetics, history and archaeology;
B.
Provide a description of the proposed development;
C.
Provide a list of all licenses, permits and approvals required by
law from other agencies;
D.
Provide an assessment of the probable impact of the proposed development
upon all the inventory items;
E.
Provide a list of all the adverse environmental impacts which cannot
be avoided;
F.
Describe the steps proposed by the developer to minimize the adverse
impacts during and after construction;
G.
Describe what alternatives exist to the proposed developments;
H.
Provide a municipal fiscal impact analysis if required; and
I.
Such other information necessary to evaluate the impact of the development
upon the environment.
Flag lots are permitted, provided the minimum width of the narrow
strip of land which provides access to the street is not less than
25 feet. The access strip shall be in addition to the minimum lot
area requirements and deeded to the lot.
Gasoline service stations shall be permitted by right in the
I Industrial District and by conditional use in the C-2 District and
shall comply with the following regulations.
A.
A set of plans, specifications and plot plans shall be submitted
to the Board of Commissioners showing all structures, pumps, storage
tanks, parking areas and driveways for ingress and egress.
B.
All pumps shall be located outside of buildings, on private property
and in no case within 20 feet of any street right-of-way line, subject
to such conditions and safeguards as the Township Commissioners may
impose (for the C-2 District) with respect to, among other matters,
the location and adequacy of entrances and exits.
C.
All automobile parts, dismantled vehicles and similar articles shall
be stored within a building; all fuel, oil or other similar substances
shall be stored at least 35 feet from any street right-of-way and
10 feet from any lot line; and all volatile fuel containers in excess
of 100 gallons shall be located underground.
D.
In no event shall a permit be granted for such a use located within
500 feet of a school, hospital, infirmary, church, museum, club or
place of public assembly having the capacity of over 100 persons;
a gasoline service station shall not be deemed nonconforming through
the subsequent erection of the above uses.
No-impact home-based businesses shall be permitted as an accessory
use in all residential districts subject to the following requirements:
A.
The business activity shall be compatible with the residential use
of the property.
B.
The business shall employ no employees other than family members
residing in the dwelling.
C.
There shall be no display or sale of retail goods and no stockpiling
of inventory.
D.
The business may not use any process or equipment that creates noise,
vibration, glare, fumes, odors, or electrical or electronic interference
with radio or television reception.
E.
The business may not discharge any solid waste or sewage discharge
that is not normally associated with residential use.
F.
The business may not occupy more than 25% of the gross floor area
of the dwelling.
G.
There shall be no outside appearance of a business within the residence.
H.
There shall be no off-street parking for the occupation, in addition
to that required for the residential use.
If a homeowners' association is formed within a residential
district, it shall be governed according to the following regulations:
A.
The landowner or developer shall provide the Township with the legal
framework for the association indicating its bylaws and methods for
maintaining open space which shall be acceptable to the Township Solicitor.
B.
The association is to be organized by the landowner or developer
and operating before the sale of any lots within the development.
C.
Membership in the association is mandatory for all purchasers of
dwelling units therein and their successors.
D.
The members of the association shall share equitably the costs of
maintaining the open spaces. If a member fails to pay his pro rata
share, then a lien against an individual property may be made in accordance
with the provisions for same in the bylaws of the organization.
E.
The association shall be responsible for maintenance of insurance
and taxes on open space.
F.
The association shall have or hire adequate staff to administer common
facilities and maintain the open space to the satisfaction of the
Township Commissioners.
G.
The association shall have the authority and ability to promptly
correct hazardous conditions in the open space.
H.
The association shall provide annual updates to the Township Commissioners
on changes in the composition or membership of its Board and changes
to any of its maintenance agreements, contracts or ability to maintain
said development, it grounds and any open space.
A.
The purpose of the restaurant-cafe designation is to promote outdoor
eating and to maintain the pedestrian character of Upper Chichester
Township.
B.
Restaurant-cafes as defined in Article II are permitted as an accessory use to any eating and drinking establishment permitted by this chapter, subject to the restrictions and conditions as set forth below.
(1)
Restaurant-cafe permit required. It shall be unlawful for any person to erect, construct or maintain a restaurant-cafe, as defined in Article II, without first applying for and securing a permit therefor as provided in this section. The permit shall be valid from the date of issuance until the end of the calendar year in which the permit was issued.
(2)
Permit application.
(a)
Any person who shall desire to open a restaurant-cafe in Upper
Chichester Township shall make application thereof in writing to the
Upper Chichester Township Building Inspector. Such application shall
be accompanied by such application fee as required by a schedule of
fees established and by and amended from time to time by resolution
of the Board of Commissioners. Such application shall be made annually
after the first of the year upon forms provided by Upper Chichester
Township and shall set forth and include the following:
[1]
The name and address of the applicant.
[2]
A scaled plan specifying the precise location of the outdoor
portion of the restaurant-cafe with a proposed seating plan, and,
where applicable, the location of any adjacent parking space in the
public right-of-way.
[3]
The written consent of the property owner, if different from
the tenant.
[4]
The written consent of any adjacent tenant area if the restaurant-cafe
encroaches on their area.
[5]
An agreement of indemnity as outlined below and a certificate
of liability insurance naming the Township as an additional insured.
[6]
Such other information as may be required from time to time
by the Township.
(b)
No application shall be taken on any application for a permit
under this section until the application has been completed in its
entirety and the application fee has been paid in full.
(3)
Indemnification of the Township; insurance. The applicant/property
owner shall well and truly save, indemnify, defend and keep harmless
Upper Chichester Township, its officers, employees and agents from
and against any and all actions, suits, demands, payments, costs and
charges for and by reason of the existence of the restaurant-cafe
or by the acts or omissions of the employees or agents of the applicant
property/owner in connection with such restaurant-cafe. The applicant/property
owner must obtain and maintain an insurance policy which covers general
liability in the area of the restaurant-cafe which is within the public
right-of-way which names the Township as an additional insured.
(4)
Specific standards. The following regulations shall apply to
restaurant-cafes:
(a)
A minimum pedestrian walkway of 42 inches clear is to be maintained
in front of the restaurant-cafe.
(b)
The minimum height of umbrellas which project into the required
minimum pedestrian walkway shall be 80 inches.
(c)
There shall be no advertising displayed on umbrellas or tables
which are located on the sidewalk directly abutting or adjacent to
the restaurant-cafe.
(d)
If on-street parking exists in front of the restaurant-cafe,
tables on the curbline are prohibited. If on-street parking does not
exist in front of the restaurant-cafe, tables are permitted on the
curbline.
(e)
A barrier shall be erected to separate the restaurant-cafe from
any parking or vehicle traffic. The barrier shall consist of a decorative
metal fence no higher than three feet that can withstand 250 pounds
of force, and shall be approved by the Township.
(f)
Tables shall not exceed 13 square feet in area.
(g)
A restaurant-cafe shall not utilize disposable plates or utensils.
(h)
There shall be no temporary signs or banners permitted outside
of the restaurant-cafe.
(i)
The owner of the restaurant-cafe is responsible for keeping
the pedestrian walkway in front of the premises clean and free of
trash and debris.
(j)
Outdoor service at a restaurant-cafe must stop by 11:00 p.m.
or one hour before closing whichever is later, and all tables must
be cleared of food, beverages, and customers on or before 11:45 p.m.
or 15 minutes before closing, whichever is later.
(k)
All owners of a restaurant-cafe must provide trash receptacles,
acceptable to Upper Chichester Township, which are to be located at
the exterior of the premises.
(l)
The owner shall maintain the restaurant-cafe in accordance with
all ordinances of Upper Chichester Township and state and federal
laws, as well as all rules and regulations promulgated and adopted
by Upper Chichester Township currently in effect or hereinafter enacted
which pertain to use of restaurant-cafes.
(m)
Notice for removal.
[1]
The owner shall remove the outdoor portion of the restaurant-cafe
within 30 days after written notice by Upper Chichester Township if
the Township determines that the restaurant-cafe is detrimental to
the health, safety and general welfare of the Township or its citizens
because one or more of the following conditions has occurred:
[a]
Due to pedestrian traffic changes, the restaurant-cafe
narrows the sidewalk to the extent that the pedestrian traffic is
impeded;
[b]
The restaurant-cafe interferes with the maintenance
of installation of an underground utility structure;
[c]
The restaurant-cafe is no longer being used as
such;
[d]
The restaurant-cafe has been temporarily or permanently
closed for violation of any Township, state or federal law and/or
regulation;
[e]
The restaurant-cafe is operated in violation of
any ordinance, rule or regulation of Upper Chichester Township.
[2]
In the event that the owner fails to remove the restaurant-
cafe within 30 days after written notice, Upper Chichester Township
may proceed to remove and restore the area and charge the owner for
the cost thereof. Should the restaurant-cafe be removed by Upper Chichester
Township, the owner shall be entitled to a return of the equipment,
furnishings, or appurtenances so removed only after payment of all
costs due to Upper Chichester Township and by requesting the return
in writing. The responsibility for removal under the provisions of
the subsection shall be the sole responsibility of the owner without
any obligation or cost assessed against Upper Chichester Township.
(5)
Additional rules and regulations. The Township may, from time
to time, promulgate whatever rules and/or regulations it deems necessary
or desirable to effectuate the purposes of this section.
(6)
Violations and penalties. Any person who violates or permits
the violation of any provision of this section shall upon conviction
thereof in a proceeding before a Magisterial District Judge, be subject
to the payment of a fine of not less than $50 nor more than $500 for
the first offense, not less than $100 nor more than $750 for a second
offense, and thereafter a subsequent offense of not less than $200
nor more than $1,000, plus the costs of prosecution. Each subsection
or provision of this section that is violated shall constitute a separate
offense and each day or portion thereof in which a violation of this
section is found to exist shall constitute a separate offense each
violation of which shall be punishable by a separate fine imposed
by the Magisterial District Judge in the amount stated above.
(7)
Repealer. All ordinances or part of ordinances which are inconsistent
with the restaurant-cafe provisions are hereby repealed.
(8)
Severability. If any provisions of this section or the application
thereof to any person or circumstance are held invalid, such invalidity
shall not affect other provisions or applications of this chapter
which can be given effect without the invalid provision or application,
and to this end the provisions of this section are declared severable.
