The regulations in this article are meant to
provide standards for those seeking approval for certain supplemental
uses and activities that are authorized in various zoning districts
and for other uses not specifically designated within one or more
zoning districts. It is the intent of the Township that, where these
uses or activities occur, they comply strictly with the standards
that have been created to address their particular impacts and characteristics.
This chapter shall not apply to any existing
or proposed building or extension thereof, or to any land, used or
to be used by a public utility corporation if, upon petition of the
corporation, the Public Utility Commission shall, after a public hearing
of which the Township is notified in accordance with § 619
of the Municipalities Planning Code,[1] decide that the present or proposed situation or use of
the building or land in question is reasonably necessary for the convenience
or welfare of the public.
[1]
Editor's Note: See 53 P.S. § 10619.
The following specific development standards
shall be met for any automobile service station, where such use is
authorized by this chapter, so as to control the mode of development
and method of operation and to assure that the location does not adversely
affect the health, safety, and welfare of the community, especially
in terms of traffic impacts and potential incompatibility with adjoining
uses.
A.
Minimum lot area. Any automobile service station lot
shall contain a minimum gross area of one acre and a minimum of 3,000
square feet of gross lot area for each pump, whichever is greater.
Such lot also shall contain a minimum of 35,000 square feet of net
lot area. A pump may have more than one hose. Minimum lot frontage
shall be 150 feet.
[Amended 6-15-1999; 11-15-2000]
B.
Setbacks. Pump islands and any similar equipment or
facilities shall be set back at least 30 feet from any property line
or street right-of-way. The overhang of canopies may extend to within
20 feet of a property line, but the supporting structure for such
canopies to protect automobiles positioned for service at pump islands
shall be set back at least 30 feet from a property line or street
right-of-way.
C.
Service bays. Service bays shall be limited to one
per 7,000 square feet of gross lot area. All service bays shall be
contained entirely within the principal building. Where any side or
rear yard is adjacent to a residential district, no more than three
service bays shall be permitted on the property. Service bay doors
shall not face a residential use or residentially zoned property.
[Amended 6-15-1999; 11-15-2000]
D.
Fencing. The site shall be fenced with a six-foot brick or stone masonry wall or solid fence of wood or other material, deemed appropriate by the Zoning Officer, along each property line which abuts any residential use or residentially zoned property. Additional plantings or other noise abatement procedures may be required, as stipulated in § 399-84C of this chapter.
E.
Supplemental services requiring conditional use approval. The following activities may be operated in conjunction with the principal use of an automobile service station when authorized as a conditional use by the Board of Supervisors in accordance with the terms of § 399-137 of this chapter:
F.
Trash disposal. All used tires and parts, trash, and
similar objects shall be stored within a solid brick or concrete enclosure
in the rear half or, in the case of corner sites, the rear quarter
of the site, and shall be secured against dispersal by wind or water
from such site.
G.
Gasoline deliveries. No delivery tanker shall park
within the public right-of-way during gasoline delivery, nor shall
any hose be permitted within the public right-of-way.
H.
Landscaping and buffering. Landscaping and buffering shall be provided in accordance with §§ 399-78 and 399-79 of this chapter. Landscaping provided along any street frontage must preserve sight lines for entering and exiting traffic. This does not preclude careful placement of street trees with high foliage or low-growing shrubbery (below 30 inches).
I.
Curb cuts and corner radius. On corner sites, a twenty-foot
curb radius shall be provided and no point of access shall be located
within 100 feet of the street intersection, as measured from center
line to center line. At intersections where a primary flow of right
turn traffic is anticipated, a longer curb radius may be required,
again with a one-hundred-foot minimum separation between any point
of access and the street intersection.
K.
Self-service facilities.
[Amended 8-16-1995 by Ord. No. 95-02]
(1)
No automobile service station shall contain self-service
islands or pumps at which customers dispense gasoline or other flammable
liquids unless an attendant, trained in the dispensing of such liquids,
is on duty and in position to observe the self-service areas and to
assist as necessary.
[Amended 3-17-1998; 3-27-2002]
A.
Specific intent. In allowing opportunities for creation
of accessory dwelling units within existing single-family detached
dwellings or authorized existing accessory structures, it is the specific
intent of this section to address directly the needs of extended families.
Through the standards in this section, the Township seeks to balance
the desires of extended families to provide a discrete residence for
a family member with the need to protect the existing residential
character of the surrounding neighborhood.
B.
Standards for accessory dwellings. Where authorized as a special exception under the terms of this chapter, accessory dwellings may be created in accordance with the following standards. Where permitted as a use by right under the terms of this chapter, an accessory dwelling shall be subject to the terms of Subsection C, below.
[Amended 7-16-2014 by Ord. No. 02-2014]
(1)
There shall not be more than one accessory dwelling
unit created on any single-family residential lot.
(2)
An accessory dwelling may be occupied by not more
than two persons. A single occupant or, in the case of two occupants,
one of the two, must be related by blood, marriage, or adoption to
the owner of the principal residence.
(3)
One of the two dwelling units shall be occupied by
the owner of the lot on which both proposed dwelling units are to
be located.
(4)
The floor area of an accessory dwelling unit shall
not be less than 500 square feet and shall not be more than 800 square
feet.
(5)
Where an accessory dwelling is proposed to be located
within a primary single-family dwelling, the property must have minimum
gross and net lot areas not less than those required for a single-family
detached dwelling in the zoning district in which it is located.
(6)
Where an accessory dwelling is proposed to be located
within an accessory structure, such structure must comply with the
following standards:
(b)
The lot containing the accessory structure must
have a minimum gross area of not less than 1.5 acres and a minimum
net lot area of not less than 45,000 square feet, or the minimum gross
and net lot area required in the applicable zoning district, whichever
requirement is larger.
(7)
Changes to existing structures.
(a)
Where a single-family detached dwelling is proposed to contain an accessory dwelling unit, the structure may be expanded as necessary to accommodate the dwelling unit, subject to the limitation on maximum square footage for such accessory dwelling unit as stipulated in Subsection B(4), above. No such expansion shall be located, in whole or in part, in any front yard.
[Amended 3-7-2013 by Ord. No. 02-2013]
(b)
Where an accessory structure is proposed to
contain an accessory dwelling unit, changes to the existing structure
that are deemed necessary to accommodate the dwelling unit (e.g.,
removal of garage doors, addition of windows or doors) may be approved
by the Zoning Hearing Board as a condition of any special exception
it may grant for the accessory dwelling unit.
(c)
No exterior changes, including expansion of the structure, shall
be made which, in the judgment of the Zoning Hearing Board, are not
in conformance with the existing single-family character of the neighborhood.
[Amended 3-7-2013 by Ord. No. 02-2013]
(d)
The applicant shall submit architectural plans
for the accessory dwelling unit and shall provide documentation of
the structural integrity of the existing structure in terms of its
suitability for adding the accessory dwelling unit.
(8)
Where a community sewage system is available to serve
the property, the accessory dwelling shall be connected to and served
by such system. Where a community sewage system is not available,
the applicant shall submit to the Township a permit issued by the
Chester County Health Department for an on-site sewage disposal system.
Such permit shall certify that the sewage disposal facilities are
adequate for the projected number of residents. Where the existing
on-site system is found by the Health Department to be inadequate
to serve the projected demand, no approval shall be given for the
accessory dwelling until the system is improved to meet the Health
Department requirements and a permit is issued by the Department.
(9)
One off-street parking space shall be required for
the accessory dwelling unit, in addition to those utilized by the
principal dwelling. The additional parking space shall not be located
within any required yard area. The Zoning Hearing Board, in its consideration
of a special exception, may waive or modify this provision upon evidence
from the applicant that the occupant or occupants of the accessory
dwelling unit will not generate the need for an additional parking
space.
(10)
To ensure compliance with this chapter, an architectural
plan shall be submitted as part of the application for special exception,
accurately drawn to scale, indicating the location and size of the
existing and proposed dwelling units and parking areas, and any proposed
exterior alterations.
(11)
Upon the approval by the Zoning Hearing Board
of a special exception, the applicant shall execute, acknowledge and
deliver to the Recorder of Deeds for Chester County for recording,
a memorandum of the decision of the Zoning Hearing Board. Such memorandum
shall be in a form approved by the Township, and shall contain the
following: the name of the owner(s), and street address (as the same
appears on the tax records); the current deed reference and tax parcel
of the subject property; any conditions or restrictions imposed by
the decision of the Zoning Hearing Board; a statement that such conditions
are intended to be a covenant running with the land. A true and correct
copy of such memorandum stamped by the Recorder of Deeds shall be
filed with the Township prior to the issuance of a certificate of
use and occupancy.
[Added 7-21-2004 by Ord. No. 04-03[2]]
[2]
Editor's Note: This ordinance also provided
for the renumbering of former Subsection B(11) as B(12).
(12)
A use and occupancy permit shall be required prior to the occupancy
of an accessory dwelling unit. The permit form, as provided by the
Township, and accompanying required fee shall be submitted by the
property owner. An application to renew the permit shall be submitted
annually prior to the intended continuation of occupancy. It shall
be unlawful for the accessory dwelling unit to be occupied beyond
the operative period of a permit. The accessory dwelling unit shall
be subject to inspection by the Zoning Officer prior to issuance of
the initial use and occupancy permit and then at least once every
three years thereafter while the dwelling unit is occupied, on or
about the date of initial occupancy. The Zoning Officer shall also
inspect the accessory dwelling unit whenever there is a change in
ownership of the property. Whenever there is a change in occupancy
of the accessory dwelling unit, an inspection of the dwelling unit
and issuance of a use and occupancy permit must precede the new occupant
residing in the dwelling unit.
[Amended 3-7-2013 by Ord. No. 02-2013]
C.
An accessory dwelling unit permitted as a use by right shall comply
with the following standards:
[Added 7-16-2014 by Ord. No. 02-2014]
(1)
There shall be no more than one accessory dwelling unit created on
any single-family residential lot.
(2)
The accessory dwelling shall be located within the existing single-family
detached dwelling and shall not be located in an accessory structure.
(3)
The accessory dwelling may be occupied by not more than two persons.
A single occupant, or, in the case of two occupants, one of the two,
must be related by blood, marriage, or adoption to the owner of the
principal residence.
(4)
One of the two dwelling units shall be occupied by the owner of the
single-family dwelling in which the accessory dwelling unit is to
be created.
(5)
The minimum floor area of the accessory dwelling unit shall not be
less than 500 square feet.
(6)
Changes to the existing single-family dwelling.
(a)
The exterior of a single-family detached dwelling proposed to
contain an accessory dwelling unit may be altered to add windows and/or
doors necessary in the design and construction of the accessory dwelling
unit. Such windows and doors may be added only to the side or rear
walls of the structure.
(b)
No other alterations to the exterior of the structure shall
be permitted unless necessary for health or safety reasons, as determined
by the Zoning Officer.
(c)
The applicant shall submit architectural plans for the accessory
dwelling unit and shall provide documentation of the structural integrity
of the single-family dwelling in terms of its suitability for adding
the accessory dwelling unit.
(7)
The accessory dwelling unit shall be connected to and served by a
community sewage system.
(8)
A use and occupancy permit shall be required prior to the occupancy
of the accessory dwelling unit. The permit form, as provided by the
Township, and accompanying required fee shall be submitted by the
property owner. An application to renew the permit shall be submitted
annually prior to the intended continuation of occupancy. It shall
be unlawful for the accessory dwelling unit to be occupied beyond
the operative period of the permit. The accessory dwelling unit shall
be subject to inspection by the Zoning Officer prior to issuance of
the initial use and occupancy permit, and then at least once every
three years thereafter while the dwelling unit is occupied, on or
about the date of initial occupancy.
Uses considered customarily accessory and incidental
to any permitted use under this chapter shall include those generally
provided for within the various zoning districts. In addition, the
uses listed herein shall specifically be deemed accessory in accordance
with the following terms:
A.
Uses accessory to agriculture:
(1)
Greenhouse.
(2)
Display and sale of farm products, in accordance with
the following:
(a)
At least 75% of such products shall have been
grown on the property on which they are offered for sale.
(b)
Parking space for at least three cars shall
be provided on the lot. where building area exceeds 600 square feet,
one additional parking space shall be provided for each additional
200 square feet of building area.
(c)
Sale of farm products shall be conducted either
from a temporary stand, dismantled at the end of the growing season,
or from a permanent building, the location of which complies with
all Township setback standards for that zoning district. Any temporary
structure shall be set back at least 25 feet from the right-of-way
line of the road.
B.
Uses accessory to dwelling:
(1)
Private garage, private parking space, barn.
(2)
Private stable or other shelter for animals (but not including kennel), in accordance with the terms of § 399-85 of this chapter.
(3)
Private greenhouse, garden shed.
(4)
The renting of rooms within the dwelling in which
the lessor resides, or in a building accessory thereto, to not more
than two nontransient persons, with or without the provision of table
board for such persons.
C.
Uses accessory to public park. Customary recreational,
refreshment, and service uses and buildings in any public park, playground,
or other recreational area.
[Amended 11-15-2000; 12-30-2004 by Ord. No. 04-21]
A.
Home occupations shall be classified as either:
B.
No-impact home occupations shall meet all of the following requirements:
(1)
The business activity shall be compatible with the residential use
of the property and surrounding residential uses.
(2)
The exterior appearance of the structure or premises must be maintained as a residential property. No exterior evidence of the activity in the form of lighting or the display, inventorying, or stockpiling of goods, shall be visible. One sign, no larger than two square feet in area and consistent in all other respects with Article XVI of this chapter, shall be permitted for any home occupation.
(4)
The practice of a home occupation shall be permitted, provided that
the principal practitioner is a resident of the dwelling unit.
(5)
No more than two persons not residing in such dwelling unit shall
be employed at any given time by the practitioner of the occupation.
(6)
The activity may be conducted only within the principal dwelling
unit and may not occupy more than 25% of the habitable floor area
of the dwelling unit or 500 square feet, whichever is less.
(7)
The activity shall not require the delivery of materials and goods
by trucks larger than standard panel trucks equipped with not more
than one rear axle.
(8)
The activity may not use any equipment or process that creates noise,
vibration, glare, fumes, odors, or electrical or electronic interference,
including interference with radio or television reception, that is
detectable in the neighborhood.
(9)
The activity may not generate any solid waste or sewage discharge
in volume or type that is not normally associated with residential
use in the neighborhood.
(10)
There shall be no customer or client traffic, whether vehicular
or pedestrian, and no pickup, delivery, or removal functions to or
from the premises, in excess of those normally associated with residential
use.
(11)
All home occupations shall comply with the environmental performance standards contained in § 399-87 of this chapter.
(12)
The resident practitioner shall demonstrate that adequate off-street
parking shall be provided for both the home occupation and the dwelling
unit. In no event shall the parking spaces provided be less than two
for the dwelling unit and one for each nonresident employee. Any parking
space designed to serve the home occupation shall not be located within
any required minimum front yard area.
(13)
There shall be no more than one home occupation per dwelling
unit.
(14)
Any dwelling unit in which a home occupation is conducted shall
have its own direct access to ground level.
(15)
The resident practitioner of any home occupation shall provide
the Township with the names of all individuals employed by the business
constituting the home occupation, and shall report all additions or
deletions among those so employed as they occur.
(16)
Prior to initiating the operation of a home occupation, the
resident practitioner shall be required to obtain a permit from the
Township and pay a fee in an amount as established by resolution of
the Board of Supervisors. The Township may conduct an inspection of
the premises as part of the review of the permit application. Such
permit must be renewed every two years for continued operation of
the home occupation, but no additional fee or inspection shall be
required.
C.
The following are permitted as no-impact home occupations, provided they meet the standards in Subsection B above:
(1)
Dressmaking, sewing, tailoring;
(2)
Painting, sculpting, writing, music, or filmmaking;
(3)
Telephone answering, typing, bookkeeping;
(4)
Home crafts, such as model making, rug weaving, pottery, jewelry
making, cabinetmaking;
(5)
Home cooking and catering, provided all food is catered off-premises;
(6)
Computer programming that involves services to outside clients;
(7)
Tutoring, limited to not more than two students at one time; tutoring of more than two students shall be considered a major home occupation as per Subsection E below;
(8)
Beautician or barber services by appointment only, limited to not more than two clients at one time; more than two clients shall be considered a major home occupation as per Subsection E below;
(9)
Professions such as architect, planner, engineer, financial consultant;
(10)
Any occupation that the Zoning Officer deems comparable to the
above in terms of scale and impact.
D.
E.
Major home occupations shall be subject to approval by the Board
of Supervisors as a conditional use and shall meet all of the following
requirements:
(1)
Purpose. The purpose of the standards in this section is to provide opportunity for certain home occupation uses that do not comply fully with the criteria in Subsection B for no-impact home occupations permitted by right, primarily due to the nature of the proposed use. It is the intent of this section to assure that any such home occupation is:
(3)
If the resident conducting the home occupation is a tenant and not
the owner of the property, the owner shall be party to the application
for conditional use approval.
(4)
A home occupation approved under the terms of this section may be
located only within a single-family detached dwelling or within an
accessory building located on the same lot as a single-family detached
dwelling.
(5)
Where a home occupation is conducted, in whole or in part, within
an accessory building on the property, the total floor area devoted
to the home occupation shall not exceed 25% of the floor area of the
single-family detached dwelling or 600 square feet, whichever is less.
(6)
The Board of Supervisors may, as a condition of approval, require
buffering or screening treatment along specific property lines where
it determines that the proposed conditional use will create off-site
impacts in the form of noise, glare, proximity of use or associated
parking area to neighboring properties, or other conditions directly
related to public health, safety, or welfare. In no case shall a major
home occupation be permitted on a lot with a gross lot area less than
15,000 square feet.
(7)
Major home occupations shall be limited to those occupations customarily
conducted within a single-family detached dwelling or a building accessory
to a single-family detached dwelling. Major home occupations shall
include, but not be limited to, the following activities:
(a)
Office for medical, dental, legal, insurance agent, accountant;
or similar professional purposes.
(b)
Family child/adult day-care involving no more than six children
or adults unrelated to the operator, and provided the following criteria
are met:
[1]
The owner must be registered with the Pennsylvania Department
of Public Welfare (DPW) and must demonstrate compliance with all DPW
regulations for such homes.
[2]
Passenger dropoff and pickup areas shall be provided on-site
and arranged so that passengers are not required to cross traffic
lanes on or adjacent to the site and vehicles are not required to
back out onto the abutting street.
[3]
The requisite outdoor play area shall be surrounded by a safety
fence or natural barrier impenetrable by children or small animals.
Such fence or barrier shall not be located within any required minimum
front yard area and shall be set back at least 15 feet from any side
or rear property line.
[4]
Operating days shall be weekdays only. Outside play shall be
limited to the hours between 9:00 a.m. and 5:00 p.m.
(c)
Preparation of food or food products to be sold or served off-site.
(d)
Other accessory uses that do not qualify as no-impact home occupations under the terms of Subsection B but, in the determination of the Board of Supervisors, are considered to be of the same general character as the home occupations listed herein and meet all the requirements for major home occupations contained in this section.
(8)
(9)
The applicant shall document, and the Board shall specifically evaluate,
the amount of customer, client, and/or patient traffic anticipated
to be generated by the proposed home occupation use. The level of
such traffic may be greater than that associated with a no-impact
home occupation, but shall not exceed an amount that, as determined
by the Board, will disrupt the residential character of the neighborhood
in which the property is located.
Institutions, as defined and provided for in
this chapter, shall comply with the following standards:
A.
A minimum gross lot area of four acres and a minimum
net lot area of 55,000 square feet shall be required for an institution
housing up to six residents/clients and any associated supervisory
personnel.
[Amended 11-15-2000]
B.
An additional one acre of gross lot area shall be
required above the four-acre minimum for every two additional resident/clients
and associated supervisory personnel, or any portion of such increment.
[Amended 11-15-2000]
C.
Minimum requirements for off-street parking shall
be those applicable to a single-family dwelling. The Zoning Hearing
Board may require additional parking for an institution housing more
than three resident/clients and associated supervisory personnel,
and may employ as a guideline the standard of an additional two off-street
parking spaces for each additional four resident/clients and associated
supervisory personnel.
D.
The applicant shall demonstrate that all necessary
approvals and permits from the Pennsylvania Department of Labor and
Industry have been obtained or waived, particularly with respect to
fire protection, safety measures, construction standards, and design
standards to accommodate the handicapped. The Zoning Hearing Board
may, in the alternative, authorize approval of the special exception
contingent upon the requisite approvals from the Pennsylvania Department
of Labor and Industry being obtained.
E.
The Zoning Hearing Board, in reaching its decision
on any request for approval of an institution, shall consider the
proximity of the proposed use to any other similar institution within
the Township and/or to similar facilities in adjacent municipalities,
and shall not approve any such request where resulting proximity might
unduly alter the intended character of the neighborhood through the
relative concentration and scale of such uses.
A.
Inn or similar lodging. Consistent with the definitions
and the use provisions of this chapter, a commercial lodging facility
may be operated in accordance with the following additional standards:
(1)
An inn or similar lodging shall contain a maximum
of 15 rooms, with each room to be occupied by no more than two adult
persons.
B.
Bed-and-breakfast facility. The following standards
shall apply to the operation of any bed-and-breakfast facility permitted
by this chapter:
(1)
A bed-and-breakfast facility shall be permitted only
in single-family detached, owner-occupied dwellings.
(2)
The principal use of the property shall remain that
of a single-family residential dwelling.
(3)
No more than three guest rooms may be offered on any
individual residential property.
(4)
There shall be provided one full bathroom (one toilet,
wash basin, bath and/or shower) for each two guest rooms.
(5)
Length of stay shall not be more than seven uninterrupted
days for any guest.
(6)
Meals shall consist of breakfast only, and only for
guests of the establishment. Owners shall comply with all federal,
state, and local requirements for the preparation, handling, and serving
of food.
(7)
Any amenities (swimming pool, tennis court, etc.)
shall be solely for the use of the resident owner and occupants of
the bed-and-breakfast facility.
(8)
The owner shall maintain a current guest register.
(9)
Area and bulk standards shall be those that apply
to single-family detached dwellings within the applicable zoning district.
(10)
One on-site parking space shall be provided
per guest room, and shall not be located in any required yard area.
(11)
One sign shall be permitted in association with
a bed-and-breakfast operation. Any such sign shall comply with the
standards for home occupation signs contained in § 399-93A(9)
of this chapter.
(12)
Each bed-and-breakfast facility shall be equipped,
at minimum, with smoke detectors and fire extinguishers in accordance
with the requirements of the Pennsylvania Department of Labor and
Industry and with the stipulations of the Township Fire Code. Guests
shall be provided information regarding the floor plan of the dwelling
and the location of emergency exits.
(13)
No permit for a bed-and-breakfast facility will
be issued by the Zoning Officer unless the applicant furnishes written
approval from the Chester County Health Department concerning the
adequacy of the on-site sewage system to serve the increased demand
resulting from the bed-and-breakfast facility.
A.
Statement of intent. The intent of this section is
to provide an alternative use for structurally sound, large and primarily
older single-family detached dwellings. This section is also intended
to allow an increase in the supply of smaller dwelling units and provide
for a more efficient use of the existing housing stock, while protecting
the character of sound, stable residential neighborhoods and preserving
the basic character of dwellings that might otherwise become obsolete.
B.
Standards for conversions. A single-family detached dwelling, existing on the effective date of this chapter, may be converted into and used as a two-family or multifamily dwelling, when authorized as a special exception in accordance with the terms of § 399-145 of this chapter and with the following stipulations. Where permitted as a use by right under the terms of this chapter, a single-family detached dwelling existing on the effective date of this chapter may be converted into and used as a two-family or multifamily dwelling, subject to the terms of Subsection C, below.
[Amended 11-15-2000; 7-16-2014 by Ord. No. 02-2014]
(1)
Site and architectural plans for the conversion of
said dwelling shall be submitted to the Zoning Hearing Board. Where
two or more families are to be housed above the ground floor, such
plans shall bear the approval of the Pennsylvania Department of Labor
and Industry as required by law.
(2)
Such plans shall provide adequate and suitable parking
space for a minimum of two vehicles per proposed dwelling unit. Not
more than 50% of any required minimum yard area shall be utilized
for such parking.
(3)
Such dwellings(s) shall be subject to the height,
width, yard, and other applicable regulations effective in the zoning
district where the existing single-family structure is located. Minimum
required gross lot area for the structure, following conversion, shall
be calculated as follows:
(a)
In the R-1 District, 50% of the product of the
minimum gross lot area for a single-family dwelling times the number
of dwelling units (existing and proposed) to be contained in the converted
structure;
(b)
In the R-2 District, 75% of the product of the
minimum gross lot area for a single-family dwelling times the number
of dwelling units (existing and proposed) to be contained on the converted
structure;
(c)
In the R-3 District, 100% of the product of
the minimum gross lot area for a single-family dwelling times the
number of dwelling units (existing and proposed) to be contained in
the converted structure.
(4)
There shall be no external alteration of the building
except as may be necessary for reasons of safety. Fire escapes and
outside stairways shall, where practicable, be located to the rear
of the building.
(5)
Any new dwelling unit resulting from conversion shall
have a minimum floor area of not less than 950 square feet.
(6)
Regardless of the size of the existing structure,
the total number of dwelling units following conversion shall not
exceed five.
(7)
Except where a community sewage system is available,
the applicant shall submit to the Township a permit for an on-site
sewage disposal system issued by the Chester County Health Department,
certifying that the proposed sewage disposal facilities are adequate
for the projected number of residents.
(8)
The Zoning Hearing Board may specify the maximum number
of dwelling units to be created within any such structure, and may
prescribe such further conditions and restrictions with respect to
the conversion and use of such dwelling, and to the use of the lot,
as the Board may consider appropriate.
C.
Where permitted as a use by right under the terms of this chapter,
the conversion of a single-family detached dwelling shall comply with
the following standards:
[Added 7-16-2014 by Ord. No. 02-2014]
(1)
Site and architectural plans for the conversion of a single-family
dwelling shall be submitted to the Zoning Officer as part of an application
for a building permit. Where two or more families are to be housed
above the ground floor, such plans shall bear the approval of the
Pennsylvania Department of Labor and Industry as required by law.
(2)
Such plans shall provide adequate and suitable parking space for
a minimum of one vehicle per proposed dwelling unit.
(3)
The converted residential structure and lot shall comply with the
applicable area and bulk regulations for single-family dwellings in
the zoning district in which they are located, except that the required
minimum gross lot area shall be 50% of the product of the minimum
gross lot area required for a single-family detached dwelling times
the number of dwelling units (existing and proposed) to be contained
in the converted structure.
(4)
There shall be no external alteration of the building except as may
be necessary for reasons of health or safety. Fire escapes and outside
stairways shall, unless clearly impracticable, be located to the rear
of the building.
(5)
Any new dwelling unit resulting from conversion shall have a minimum
floor area of 800 square feet.
(6)
Regardless of the size of the existing structure and lot, the total
number of dwelling units following conversion shall not exceed five.
(7)
All dwelling units within the converted structure shall be connected
to and served by a community sewage system.
A.
The minimum gross lot area for all agricultural uses
shall be 10 acres.
[Amended 11-15-2000]
B.
Maximum impervious cover on any agricultural property
shall be 10% of the gross lot area. Both temporary and permanent structures
shall be considered impervious surfaces when computing this percentage.
[Amended 6-15-1999; 11-15-2000]
D.
Silos and bulk bins shall be exempted from area and
bulk regulations when attached to a building.
E.
Manure, compost, and material of similar character
may not be bulk stored within 300 feet of the boundary of any property
used and/or zoned for residential purposes.
F.
Agricultural runoff:
(1)
Runoff from agricultural buildings and other impervious
surfaces shall be directed around areas where manure is stored or
otherwise concentrated.
(2)
The property shall be graded or otherwise managed so that runoff as described in Subsection F(1) above, shall be confined to the lot.
(3)
The storage and disposal of manure shall be prohibited
in areas where continuous or intermittent contact occurs between the
material and the groundwater table.
(4)
Storage areas for manure shall be a minimum of 100
feet from any water supply source and, whenever feasible, shall be
located downhill from it; such storage areas also shall be located
a minimum of 100 feet from any lake or stream.
(5)
There shall be an eight-foot grass strip between any
road cartway and any area that is plowed or tilled; the Board of Supervisors
may modify or require additional measures where topography or other
conditions so dictate.
G.
Tenant house.
(1)
On a property being used for agricultural purposes
which is 10 acres or greater in size, one tenant house shall be permissible
in addition to the primary residence on the property, so long as the
following conditions are complied with:
(a)
Only one such additional dwelling shall be permitted
on any property, regardless of the size of the property.
(b)
Where a second dwelling already exists on the
property as of the effective date of this chapter, it shall constitute
the permissible tenant house, and no additional such dwellings shall
be constructed. Where no such dwelling exists as of the effective
date of this chapter, a tenant house may be constructed on the property.
(c)
Where a tenant house is to be constructed under
the terms of this section, the structure shall be situated such that
any subsequent request to subdivide the property and create a separate
parcel for the tenant house would be in conformance with the currently
applicable Township regulations governing such a request.
(2)
The opportunity for placement of a tenant house in
accordance with this section shall be in addition to any other applicable
provisions of this chapter.
H.
Mushroom houses shall be permitted as an agricultural
use, provided they comply with the minimum area requirements and all
other applicable standards of this section.
No lagoon or similar reservoir or basin for
the storage or containment of industrial, chemical, hazardous, and/or
toxic waste, or agricultural waste or excrement, shall be permitted
anywhere in the Township.
A.
Temporary dwelling units.
(1)
No temporary structure, whether fixed or mobile in
nature, shall be established for any dwelling purpose for any length
of time unless approved as a special exception by the Zoning Hearing
Board. Such approval shall be granted only where the applicant demonstrates
that a permanent use, in compliance with the applicable terms of this
chapter, is being pursued with due diligence and that the temporary
dwelling will be utilized for the minimum practical time period and
removed immediately upon the expiration of that period. The maximum
allowable time period for keeping a temporary dwelling unit on the
property shall be six months, unless the Zoning Hearing Board shall,
upon further request of the applicant, grant one extension of that
period for a maximum of six additional months.
(2)
A use and occupancy permit shall be required prior
to the utilization of any such temporary dwelling unit, and shall
be issued only in accordance with the above stipulations. The temporary
dwelling unit shall further comply with all applicable area and bulk
standards for the zoning district in which it is to be situated.
B.
Sales and construction trailers.
(1)
Temporary structures, located on a tract undergoing
development, that are utilized for construction management purposes
may, while serving that function, remain on the tract only during
active development of the property. Removal shall occur immediately
upon completion of the development process. Sales trailers may be
located on such a tract only during active development of the property,
but shall be removed no later than one year following the start of
construction. No extension of this time limit shall be permissible,
except upon the grant of a special exception from the Zoning Hearing
Board.
(2)
A use and occupancy permit shall be required prior
to the utilization of any such temporary structure, and shall be issued
only in accordance with the above stipulations. The temporary structure
shall further comply with all applicable area and bulk standards for
the zoning district in which it is to be situated.
A.
Helistops are permitted as a conditional use in the Mixed-Use District upon approval by the Board of Supervisors, subject to the terms of § 399-137 and the following provisions:
(1)
The proposed helistop will not be detrimental
to the health, welfare, and safety of Township residents and their
property. In particular, where the proposed helistop is to be located
on a property that abuts property used or zoned for residential purposes,
the Board, in granting a conditional use approval, may impose additional
conditions upon the placement and operation of the proposed helistop,
including but not limited to setback from the residential boundary,
hours of operation, flight patterns, specific noise mitigation, etc.,
that would be intended to minimize off-site impacts of the proposed
helistop.
(2)
The landing pad must be at least 60 feet square
or a circle with a sixty-foot diameter. This pad must be paved and
level.
(3)
There must be a four-foot fence around the helistop,
except for those helistops on a rooftop. The fence shall be located
so as not to obstruct the glide angle of a helicopter using the helistop.
(4)
At least two approach lanes to each landing
pad shall be provided and maintained free of obstructions, and shall
be located not less than 90º apart. Each approach lane shall
be located within 45º left or right of the prevailing winds and
shall fan out at an angle of 10º from the width of the landing
pad to a width of 1,000 feet, and shall have a glide angle slope of
eight to one measured from the outer edge of the pad. Approach lanes
shall be located entirely within the property on which the helistop
is to be situated, unless the Board is satisfied with arrangements
reached between the applicant and adjacent property owners that assure
that any portion of an approach lane beyond the applicant's property
will be permanently maintained free of obstructions. Such agreement
shall be secured by easement or deed restriction, and shall be so
noted on any recorded plan.
(5)
Clear areas for emergency landings of the helicopter
in the event of mechanical failure shall be available. These emergency
landing areas shall be located within the normal glide range of the
helicopter with one engine off when operating in the approved takeoff
or landing lane from the helistop.
(6)
An application for a helistop on a roof shall
be accompanied by a certification by a registered engineer that the
loads imposed by the helicopter will be supported by the structure.
(7)
The helistop shall be used only for personal
or executive use by a firm or individual.
B.
It shall be unlawful for any person to land, discharge,
load or take off in a helicopter any place within the Township other
than at a helistop, except:
(1)
In conjunction with a special event such as
an athletic contest, a holiday celebration, or similar activity, after
30 days' advance notice has been given to the Zoning Officer and permission
obtained from the Board of Supervisors to make such landing and takeoff.
(2)
When necessary for law enforcement or other
governmental purposes, and for emergencies.
(3)
Upon 48 hours' prior notice to the Zoning Officer,
in connection with a construction project where a helicopter is to
be used to lift equipment related to such project.
C.
Heliports and airports are not permitted in any zoning
district.
D.
The operation of ultralight vehicles, as defined by this chapter, shall be permitted only when such operation is approved as a conditional use by the Board of Supervisors, subject to the terms of § 399-137 and the following provisions:
(1)
Ultralight vehicles shall be operated only in
accordance with Federal Aviation Regulations, Part 103.
(2)
Landing and takeoff facilities for ultralight
vehicles shall be confined to the property of the owner/operator of
such vehicle to facilitate private, personal use, and shall be utilized
by not more than two such vehicles.
[Added 6-17-2015 by Ord. No. 04-2015[1]]
A.
Purposes; findings of fact.
(1)
The purpose of this chapter is to establish uniform standards
for the siting, design, permitting, maintenance, and use of wireless
communications facilities in East Brandywine Township (referred to
herein as the "Township"). While the Township recognizes the importance
of wireless communications facilities in providing high-quality communications
service to its residents and businesses, the Township also recognizes
that it has an obligation to protect public safety and to minimize
the adverse visual effects of such facilities through the standards
set forth in the following provisions.
(2)
By enacting these provisions, the Township intends to:
(a)
Accommodate the need for wireless communications facilities
while regulating their location and number so as to ensure the provision
for necessary services;
(b)
Provide for the managed development of wireless communications
facilities in a manner that enhances the benefits of wireless communication
and accommodates the needs of both Township residents and wireless
carriers in accordance with federal and state laws and regulations;
(c)
Establish procedures for the design, siting, construction, installation,
maintenance and removal of both tower-based and non-tower-based wireless
communications facilities in the Township, including facilities both
inside and outside the public rights-of-way;
(d)
Address new wireless technologies, including, but not limited
to, distributed antenna systems, data collection units, cable Wi-Fi
and other wireless communications facilities;
(e)
Minimize the adverse visual effects and the number of such facilities
through proper design, siting, screening, material, color and finish
and by requiring that competing providers of wireless communications
services co-locate their commercial communications antennas and related
facilities on existing towers;
(f)
Ensure the structural integrity of commercial communications
antenna support structures through compliance with applicable industry
standards and regulations; and
(g)
Promote the health, safety and welfare of the Township's residents.
B.
General and specific requirements for non-tower wireless communications
facilities.
(1)
Regulations applicable to all non-tower WCFs located within
the Township.
(a)
Permitted in all zoning districts subject to regulations. Non-tower
WCFs are permitted in all zoning districts subject to the regulations
and conditions prescribed below and subject to applicable permitting
by the Township.
(b)
Nonconforming wireless support structures. Non-tower WCFs shall
be permitted to co-locate upon legally, nonconforming wireless support
structures and other nonconforming structures. Co-location of a WCF
upon an existing wireless support structure is encouraged even if
the wireless support structure is nonconforming as to use within a
zoning district.
(c)
Standard of care. Any non-tower WCF shall be designed, constructed,
operated, maintained, repaired, modified and removed in strict compliance
with all current applicable technical, safety and safety-related codes,
including but not limited to the most recent editions of the American
National Standards Institute (ANSI) Code, National Electrical Safety
Code, and National Electrical Code. Any WCF shall at all times be
kept and maintained in good condition, order and repair by qualified
maintenance and construction personnel, so that the same shall not
endanger the life of any person or any property in the Township.
(d)
Wind. All non-tower WCF structures shall be designed to withstand
the effects of wind according to the standard designed by the American
National Standards Institute as prepared by the engineering departments
of the Electronics Industry Association and the Telecommunications
Industry Association (ANSI/TIA-222-E, as amended).
(e)
Aviation safety. Non-tower WCFs shall comply with all federal
and state laws and regulations concerning aviation safety.
(f)
Public safety communications. No non-tower WCF shall interfere
with public safety communications or the reception of broadband, television,
radio or other communication services enjoyed by occupants of nearby
properties.
(g)
Radio frequency emissions. No non-tower WCF may, by itself or
in conjunction with other WCFs, generate radio frequency emissions
in excess of the standards and regulations of the FCC, including,
but not limited to, the FCC Office of Engineering Technology Bulletin
65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure
to Radio Frequency Electromagnetic Fields," as amended.
(h)
Removal. In the event that use of a non-tower WCF is discontinued,
the owner shall provide written notice to the Township of its intent
to discontinue use and the date when the use shall be discontinued.
Unused or abandoned WCFs or portions of WCFs shall be removed as follows:
[1]
All abandoned or unused WCFs and accessory facilities shall
be removed within two months of the cessation of operations at the
site unless a time extension is approved by the Township.
[2]
If the WCF or accessory facility is not removed within two months
of the cessation of operations at a site, or within any longer period
approved by the Township, the WCF and/or associated facilities and
equipment may be removed by the Township and the cost of removal assessed
against the owner of the WCF.
(i)
Timing of approval. Within 30 calendar days of the date that
an application for a non-tower WCF is filed with the Township, the
Township shall notify the WCF applicant in writing of any information
that may be required to complete such application. Within 90 calendar
days of receipt of a complete application, the Township shall make
its final decision on whether to approve the application and shall
advise the WCF applicant in writing of such decision. If additional
information was requested by the Township to complete an application,
the time required by the WCF applicant to provide the information
shall not be counted toward the Township's ninety-day review period.
[1]
Timing of approval for SWF. Within 10 calendar days of the date
that an application for a non-tower WCF that is also a SWF is filed
with the Township, the Township shall notify the applicant in writing
of any information that may be required to complete such application.
The Township shall have 10 days from the receipt of the additional
information to issue a letter of completeness, or to request additional
information as appropriate. Within 60 calendar days of receipt of
a complete application, the Township shall make its final decision
on whether to approve the application and shall advise the applicant
in writing of such decision. If additional information was requested
by the Township to complete an application, the time required by the
applicant to provide the information shall not be counted toward the
sixty-day review period.
[Added 6-20-2019 by Ord.
No. 04-2019]
(j)
Insurance. Each person that owns or operates a non-tower WCF
shall provide the Township with a certificate of insurance evidencing
general liability coverage in the minimum amount of $1,000,000 per
occurrence and property damage coverage in the minimum amount of $1,000,000
per occurrence covering the non-tower WCF.
(k)
Indemnification. Each person that owns or operates a non-tower
WCF shall, at its sole cost and expense, indemnify, defend and hold
harmless the Township, its elected and appointed officials, employees
and agents, at all times against any and all claims for personal injury,
including death, and property damage arising in whole or in part from,
caused by or connected with any act or omission of the person, its
officers, agents, employees or contractors arising out of, but not
limited to, the construction, installation, operation, maintenance
or removal of the non-tower WCF. Each person that owns or operates
a non-tower WCF shall defend any actions or proceedings against the
Township in which it is claimed that personal injury, including death,
or property damage was caused by the construction, installation, operation,
maintenance or removal of a non-tower WCF. The obligation to indemnify,
hold harmless and defend shall include, but not be limited to, the
obligation to pay judgments, injuries, liabilities, damages, reasonable
attorneys' fees, reasonable expert fees, court costs and all other
costs of indemnification.
(l)
Maintenance. To the extent permitted by law, the following maintenance
requirements shall apply:
[1]
The non-tower WCF shall be fully automated and unattended on
a daily basis and shall be visited only for maintenance or emergency
repair.
[2]
Such maintenance shall be performed to ensure the upkeep of
the facility in order to promote the safety and security of the Township's
residents.
[3]
All maintenance activities shall utilize nothing less than the
best available technology for preventing failures and accidents in
accordance with the requirements of the Electronics Industry Association
and the Telecommunications Industry Association (ANSI/TIA-222-E, as
amended).
(m)
Reservation of rights. In accordance with applicable law and
as set forth in more detail in subsequent design and development standards
herein, the Township reserves the right to deny an application for
the construction or placement of any non-tower WCF for numerous factors,
which include, but are not limited to, visual impact, design, and
safety standards.
(n)
Engineer signature. All plans and drawings for a tower and antenna
shall contain a seal and signature of a professional structural engineer,
licensed in the Commonwealth of Pennsylvania.
(o)
Financial security. Prior to receipt of a zoning permit for
the construction or placement of a tower-based WCF, the WCF applicant
shall provide to the Township financial security sufficient to guarantee
the removal of the tower-based WCF. Said financial security shall
remain in place until the tower-based WCF is removed.
(2)
Regulations applicable to all non-tower WCF that do not substantially
change the physical dimensions of the wireless support structure to
which they are attached.
(a)
Permit required. WCF applicants proposing the modification of
an existing wireless support structure shall obtain a permit from
the Township. In order to be considered for such permit, the WCF applicant
must submit a permit application to the Township in accordance with
applicable permit policies and procedures.
(b)
Such non-tower WCFs that do not substantially change the physical
dimensions of the wireless support structure may be eligible for a
sixty-day time frame for review. The applicant shall assert such eligibility
in writing to the Township and provide documentation reasonably related
to determining whether the application is eligible for the shortened
review time frame, and if warranted, such application shall be reviewed
within the sixty-day time frame.
(c)
Related equipment. Ground-mounted related equipment greater
than three cubic feet shall not be located within 50 feet of a lot
in residential use or zoned residential.
(d)
Permit fees. The Township may assess appropriate, fair and reasonable
permit fees directly related to the Township's actual costs in reviewing
and processing the application for approval of a non-tower WCF as
set forth in fee schedules adopted by resolution by the Board of Supervisors.
[Amended 6-20-2019 by Ord. No. 04-2019]
(3)
Regulations applicable to all non-tower wireless communications
facilities that do substantially change the wireless support structure
to which they are attached:
(a)
Permitted in all zoning districts subject to regulations. Non-tower
WCFs are permitted in all zoning districts subject to the regulations
prescribed herein and subject to the prior written approval of the
Township.
(b)
Prohibited on certain structures. Non-tower WCFs greater than
10 feet in height shall not be located on single-family detached residences,
single-family attached residences, or any residential accessory structure.
(c)
Permit required. Any WCF applicant proposing the construction
of a new non-tower WCF, or the modification of an existing non-tower
WCF, shall first obtain a permit from the Township. New construction
and modifications shall be prohibited without a permit. After receipt
of the permit application, the Township Zoning Officer shall determine
whether zoning relief is necessary under the Zoning Ordinance.
(d)
Historic buildings. Non-tower WCFs may not be located upon any
property that is within 300 feet of or is on a building or structure
that:
[1]
Is listed on the National or the Pennsylvania Register of Historic
Places; or
[2]
Is eligible to be so listed; or
[3]
Is listed on the official historic structures and/or historic
districts list maintained by the Township; or
[4]
Has been designated by the Township to be of historical significance.
(e)
Retention of experts. The Township may hire any consultant(s)
and/or expert(s) necessary to assist the Township in reviewing and
evaluating the application for approval of the WCF and, once approved,
in reviewing and evaluating any potential violations of the terms
and conditions of this Ordinance. The WCF applicant and/or owner of
the WCF shall reimburse the Township for all costs of the Township's
consultant(s) in providing expert evaluation and consultation in connection
with these activities.
(f)
Permit fees. The Township may assess appropriate and reasonable
permit fees directly related to the Township's actual costs in reviewing
and processing the application for approval of a non-tower WCF, as
well as related inspection, monitoring and related costs.
(4)
Regulations applicable to non-tower WCF located outside the
public rights-of-way that do substantially change the wireless support
structure to which they are attached.
(a)
Development regulations. If feasible, non-tower WCFs shall be
co-located on existing wireless support structures, such as existing
buildings or tower-based WCFs, subject to the following conditions:
[1]
The total height of any wireless support structure and mounted
WCF shall not exceed the maximum height permitted in the underlying
zoning district.
[2]
In accordance with industry standards, all non-tower WCF applicants
must submit documentation to the Township justifying the total height
of the non-tower structure. Such documentation shall be analyzed in
the context of such justification on an individual basis.
[3]
If the WCF applicant proposes to locate the related equipment
in a separate building, the building shall comply with the minimum
requirements for the applicable zoning district.
[4]
A security fence of not less than six feet and not more than
eight feet in height shall surround any separate communications equipment
building. Vehicular access to the communications equipment building
shall not interfere with the parking or vehicular circulations on
the site for the principal use.
(b)
Design regulations.
[1]
Non-tower WCFs shall employ stealth technology and be treated
to match the wireless support structure in order to minimize aesthetic
impact. The application of the stealth technology chosen by the WCF
applicant shall be subject to the approval of the Township.
[2]
Antennas, and their respective accompanying wireless support
structure, shall be no greater in diameter than any cross-sectional
dimension than is reasonably necessary for their proper functioning.
[3]
Noncommercial usage exemption. Township residents utilizing
satellite dishes and antennas for the purpose of maintaining television,
phone, and/or Internet connections at their respective residences
shall be exempt from the design regulations enumerated in this section
of the Zoning Ordinance.
(c)
Removal, replacement, modification.
[1]
The removal, replacement, or modification of non-tower WCFs
and/or accessory equipment for the purpose of upgrading or repairing
the WCF may not increase the overall size of the WCF or the numbers
of antennas.
[2]
Any material modification to a WCF shall require notice to be
provided to the Township, and possible supplemental permit approval
to the original permit or authorization.
(d)
Inspection. The Township reserves the right to inspect any WCF
to ensure compliance with the provisions of the Zoning Ordinance and
any other provisions found within the Township Code or state or federal
law. The Township and/or its agents shall have the authority to enter
the property upon which a WCF is located at any time, upon reasonable
notice to the operator, to ensure such compliance.
(5)
Additional regulations applicable to all non-tower WCFs located
in the public right-of-way.
(a)
Co-location. Non-tower WCFs in the right-of-way shall be Co-located
on existing wireless support structures, such as existing utility
poles or light poles. If such co-location is not technologically feasible,
the WCF applicant shall locate its non-tower WCFs on existing poles
that do not already act as wireless support structures, with the Township's
approval, subject to the required permitting by the Township and compliance
with applicable regulations.
(b)
Design requirements.
[1]
WCF installations located above the surface grade in the public
ROW, including, but not limited to, those on streetlights and joint
utility poles, shall consist of equipment components that are no more
than six feet in height and that are compatible in scale and proportion
to the structures upon which they are mounted. All equipment shall
be the smallest and least visibly intrusive equipment feasible.
[2]
Antennas and related equipment shall be treated to match the
supporting structure and may be required to be painted, or otherwise
coated, to be visually compatible with the support structure upon
which they are mounted.
(c)
Time, place and manner. The Township shall determine the time,
place and manner of construction, maintenance, repair and/or removal
of all non-tower WCFs in the ROW based on public safety, traffic management,
physical burden on the ROW, and related considerations. For public
utilities, the time, place and manner requirements shall be consistent
with the police powers of the Township and the requirements of the
Public Utility Code.
(d)
Equipment location. Non-tower WCFs and related equipment shall
be located so as not to cause any physical or visual obstruction to
pedestrian or vehicular traffic or to otherwise create safety hazards
to pedestrians and/or motorists or to otherwise inconvenience public
use of the ROW as determined by the Township. In addition:
[1]
In no case shall ground-mounted related equipment, walls, or
landscaping be located within 18 inches of the face of the curb or
within an easement extending onto a privately owned lot.
[2]
Ground-mounted related equipment that cannot be placed underground
shall be screened, to the fullest extent possible, through the use
of landscaping or other decorative features to the satisfaction of
the Township.
[3]
Required electrical meter cabinets shall be screened to the
satisfaction of the Township.
[4]
Any graffiti on any wireless support structures or any related
equipment shall be removed at the sole expense of the owner within
10 business days of notice from the Township of the existence of the
graffiti.
[5]
Any proposed underground vault related to non-tower WCFs shall
be reviewed and approved by the Township prior to installation.
[a]
Non-tower WCFs may not be located in any right-of-way
within 300 feet of or on a building or structure that:
[i]
Is listed on either the National or the Pennsylvania
Register of Historic Places; or
[ii]
Is eligible to be so listed; or
[iii]
Is listed on the official historic structures
and/or historic districts list maintained by the Township; or
[iv]
Has been designated by the Township to be of historical
significance.
(e)
Relocation or removal of facilities. Within 60 days following
written notice from the Township, or such longer period as the Township
determines is reasonably necessary or such shorter period in the case
of an emergency, an owner of a WCF in the ROW shall, at its own expense,
temporarily or permanently remove, relocate, change or alter the position
of any WCF when the Township, consistent with its police powers and
applicable Public Utility Commission regulations, determines that
such removal, relocation, change or alteration is reasonably necessary
under the following circumstances:
[1]
The construction, repair, maintenance or installation of any
Township or other public improvement in the right-of-way;
[2]
The operations of the Township or other governmental entity
in the right-of-way;
[3]
Vacation of a street or road or the release of a utility easement;
or
[4]
An emergency as determined by the Township.
(f)
Reimbursement for ROW use.
[1]
In addition to permit fees as described in this Ordinance, every
non-tower WCF in the ROW is subject to the Township's right to fix
annually a fair and reasonable fee to be paid for use and occupancy
of the ROW. Such compensation for ROW use shall be directly related
to the Township's actual ROW management costs, including, but not
limited to, the costs of the administration and performance of all
reviewing, inspecting, permitting, supervising and other ROW management
activities by the Township.
[2]
The owner of each tower-based WCF shall pay an annual fee to the Township to compensate the Township for the Township's costs incurred in connection with the activities described in Subsection B(5)(f)[1] above.
C.
General and specific requirements for all tower-based wireless communications
facilities.
(1)
Regulations applicable to all tower-based wireless communications
facilities in the Township.
(a)
Standard of care. Any tower-based WCF shall be designed, constructed,
operated, maintained, repaired, modified and removed in strict compliance
with all current applicable technical, safety and safety-related codes,
including, but not limited to, the most recent editions of the American
National Standards Institute (ANSI) Code, National Electrical Safety
Code, National Electrical Code, as well as the accepted and responsible
workmanlike industry practices of the National Association of Tower
Erectors. Any tower-based WCF shall at all times be kept and maintained
in good condition, order and repair by qualified maintenance and construction
personnel, so that the same shall not endanger the life of any person
or any property in the Township.
(b)
Notice. Upon submission of an application for a tower-based
WCF and the scheduling of the public hearing upon the application,
the WCF applicant shall mail notice to all owners of every property
within 500 feet of the proposed facility. The WCF applicant shall
provide proof of the notification to the Township.
(c)
Conditional use authorization required. Tower-based WCFs are
permitted only in those zoning districts where authorized as a conditional
use and only in such location within such districts and at a height
necessary to satisfy their function in the WCF applicant's wireless
communications system. No WCF applicant shall have the right under
these regulations to erect a tower to the maximum height specified
in this section unless it proves the necessity for such height. The
WCF applicant shall demonstrate that the antenna/tower/pole for the
tower-based WCF is the minimum height necessary for the service area.
[1]
Prior to the Board's approval of a conditional use authorizing
the construction and installation of a tower-based WCF, it shall be
incumbent upon the WCF applicant for such conditional use approval
to prove to the reasonable satisfaction of the Board that the WCF
applicant cannot adequately extend or infill its communications system
by the use of equipment such as repeaters, antenna(s) and other similar
equipment installed on existing structures, such as utility poles
or their appurtenances and other available tall structures. The WCF
applicant shall further demonstrate that the proposed tower-based
WCF must be located where proposed in order to serve the WCF applicant's
service area and that no other viable alternative location exists.
[2]
The conditional use application shall be accompanied by a propagation
study evidencing the need for the proposed tower or other communication
facilities and equipment, a description of the type and manufacturer
of the proposed transmission/radio equipment, the frequency range
(megahertz band) assigned to the WCF applicant, the power in watts
at which the WCF applicant transmits, and any relevant related tests
conducted by the WCF applicant in determining the need for the proposed
site and installation.
[3]
The conditional use application shall also be accompanied by
documentation demonstrating that the proposed tower-based WCF complies
with all state and federal laws and regulations concerning aviation
safety.
[4]
Where the tower-based WCF is located on a property with another
principal use, the WCF applicant shall present documentation to the
Board that the owner of the property has granted an easement for the
proposed WTF and that vehicular access will be provided to the facility.
(d)
Engineer inspection. Prior to the Township's issuance of a permit
authorizing construction and erection of a tower-based WCF, a structural
engineer registered in Pennsylvania shall issue to the Township, on
behalf of the applicant, a written certification of the proposed WCF's
ability to meet the structural standards offered by either the Electronic
Industries Association or the Telecommunication Industry Association
and certify the proper construction of the foundation and the erection
of the structure.
(e)
Visual appearance and land use compatibility. Tower-based WCFs
i] shall employ stealth technology, which may include painting the
tower portion silver or another color approved by the Board, or ii]
shall have a galvanized finish. All tower-based WCF and related equipment
shall be aesthetically and architecturally compatible with the surrounding
environment and shall maximize the use of a like facade that blends
with the existing surroundings and neighboring buildings to the greatest
possible extent. The Board of Supervisors shall consider whether conditional
use approval of the tower-based WCF will promote the harmonious and
orderly development of the zoning district involved; encourage compatibility
with the character and type of development existing in the area; benefit
neighboring properties by preventing a negative impact on the aesthetic
character of the community; preserve woodlands and trees existing
at the site to the greatest possible extent; and encourage sound engineering
and land development design and construction principles, practices
and techniques.
(f)
Co-location and siting. An application for a new tower-based
WCF shall not be approved unless the Board of Supervisors finds that
the wireless communications equipment planned for the proposed tower-based
WCF cannot be accommodated on an existing or approved structure or
building or on Township property. The Board may deny an application
to construct a new tower-based WCF if the WCF applicant has not made
a good faith effort to mount the commercial communications antenna(s)
on an existing structure as set forth in this section. The WCF applicant
shall demonstrate that it contacted the owners of tall structures,
buildings, and towers within 1/4 of a mile radius of the site proposed,
sought permission to install an Antenna on those structures, buildings,
and towers and was denied for one of the following reasons:
[1]
The proposed Antenna and related equipment would exceed the
structural capacity of the existing building, structure or tower,
and its reinforcement cannot be accomplished at a reasonable cost.
[2]
The proposed Antenna and related equipment would cause radio
frequency interference with other existing equipment for that existing
building, structure, or tower, and the interference cannot be prevented
at a reasonable cost.
[3]
Such existing buildings, structures, or towers do not have adequate
location, space, access, or height to accommodate the proposed equipment
or to allow it to perform its intended function.
[4]
A commercially reasonable agreement could not be reached with
the owner of such building, structure, or tower.
(g)
Permit required for modifications. To the extent permissible
under applicable state and federal law, any WCF applicant proposing
the modification of an existing tower-based WCF that increases the
overall height of such WCF shall first obtain a permit from the Township.
Routine modifications shall not require a permit.
(h)
Gap in coverage. A WCF applicant for a tower-based WCF must
demonstrate that a significant gap in wireless coverage exists with
respect to all wireless operators in the applicable area and that
the type of WCF being proposed is the least intrusive means by which
to fill that gap in wireless coverage. The existence or nonexistence
of a gap in wireless coverage shall be a factor in the Township's
decision on an application for approval of tower-based WCFs.
(i)
Additional antennas. As a condition of approval for all tower-based
WCFs, the WCF applicant shall provide the Township with a written
commitment that it will allow other service providers to co-locate
antennas on tower-based WCFs where technically and economically feasible.
The owner of a tower-based WCF shall not install any additional antennas
without obtaining the prior written approval of the Township.
(j)
Wind. Any tower-based WCF structures shall be designed to withstand
the effects of wind according to the standard designed by the American
National Standards Institute as prepared by the engineering departments
of the Electronics Industry Association and the Telecommunications
Industry Association (ANSI/EIA-222-E, as amended).
(k)
Site plan. A full site plan shall be required for all tower-based
WCFs, showing all existing and proposed structures and improvements,
for a minimum of 500 feet from the tower-based WCF, including but
not limited to Antenna and related support structures, building, fencing,
buffering and ingress and egress.
(l)
Height. Any tower-based WCF shall be designed at the minimum
functional height. All tower-based WCF applicants must submit documentation
to the Township justifying the total height of the structure. The
maximum total height of a tower-based WCF, which is not located in
the public ROW, shall not exceed 120 feet, as measured vertically
from the ground level to the highest point on the structure, including
antennas and subsequent alterations. Should the WCF applicant prove
that another provider of wireless communications services has agreed
to co-locate antennas on the WCF applicant's tower-based WCF and requires
a greater tower height to provide satisfactory service for wireless
communications than is required by the WCF applicant, the total height
of such tower-based WCF shall not exceed 150 feet.
(m)
Related equipment. Either one single-story wireless communications
equipment building not exceeding 500 square feet in area or up to
five metal boxes placed on a concrete pad not exceeding 10 feet by
20 feet in area housing the receiving and transmitting equipment may
be located on the site for each unrelated company sharing commercial
communications antenna space on the tower-based WCF.
(n)
Public safety communications. Tower-based WCFs shall not interfere
with public safety communications or the reception of broadband, television,
radio or other communication services enjoyed by occupants of nearby
properties.
(o)
Maintenance. The following maintenance requirements shall apply
to all tower-based WCFs:
[1]
All tower-based WCFs shall be fully automated and unattended
on a daily basis and shall be visited only for maintenance or emergency
repair.
[2]
Maintenance shall be performed to ensure the upkeep of the facility
to promote the safety and security of the Township's residents and
utilize the best available technology for preventing failures and
accidents in accordance with the requirements of the Electronics Industry
Association and the Telecommunications Industry Association (ANSI/TIA-222-E,
as amended).
(p)
Radio frequency emissions. No tower-based WCF may, by itself
or in conjunction with other WCFs, generate radio frequency emissions
in excess of the standards and regulations of the FCC, including,
but not limited to, the FCC Office of Engineering Technology Bulletin
65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure
to Radio Frequency Electromagnetic Fields," as amended.
(q)
Historic buildings or districts. Tower-based WCFs shall not
be located upon a property within 300 feet of or on a building or
structure that:
[1]
Is listed on either the National or Pennsylvania Registers of
Historic Places; or
[2]
Is eligible to be so listed; or
[3]
Is included in the official historic structures and/or historic
districts list maintained by the Township; or
[4]
Has been designated by the Township to be of historical significance.
(r)
Signs. All tower-based WCFs shall post a sign in a readily visible
location identifying the name and phone number of a party to contact
in the event of an emergency. The only other signage permitted on
the WCF shall be those required by the FCC or any other federal or
state agency.
(s)
Lighting. No tower-based WCF shall be artificially lighted,
except as required by law. If lighting is required by law, the WCF
applicant shall provide a detailed plan for sufficient lighting, demonstrating
as unobtrusive and inoffensive an effect as is permissible under state
and federal regulations. The WCF applicant shall promptly report any
outage or malfunction of FAA-mandated lighting to the appropriate
governmental authorities and to the Township Secretary.
(t)
Noise. Tower-based WCFs shall be operated and maintained so
as not to produce noise in excess of applicable noise standards under
state law and the Township Code, except in emergency situations requiring
the use of a backup generator, where such noise standards may be exceeded
on a temporary basis only.
(u)
Aviation safety. Tower-based WCFs shall comply with all federal
and state laws and regulations concerning aviation safety.
(v)
Retention of experts. The Township may hire any consultant(s)
and/or expert(s) necessary to assist the Township in reviewing and
evaluating the application for approval of the tower-based WCF and,
once approved, in reviewing and evaluating any potential violations
of the terms and conditions of this Ordinance. The WCF applicant and/or
owner of the WCF shall reimburse the Township for all costs of the
Township's consultant(s) in providing expert evaluation and consultation
in connection with these activities.
(w)
Timing of approval. Within 30 calendar days of the date that
an application for a tower-based WCF is filed with the Township, the
Township shall notify the WCF applicant in writing of any information
that may be required to complete such application. All complete applications
for tower-based WCFs shall be acted upon within 150 days of the receipt
of a fully completed application for the approval of such tower-based
WCF, and the Township shall advise the WCF applicant in writing of
its decision.
[1]
Timing of approval for SWF. Within 10 calendar days of the date
that an application for a tower-based WCF that is also a SWF is filed
with the Township, the Township shall notify the applicant in writing
of any information that may be required to complete such application.
The Township shall have 10 days from receipt of the additional information
to issue a letter of completeness, or to request additional information
as appropriate. Within 90 calendar days of receipt of a complete application,
the Township shall make its final decision on whether to approve the
application and shall advise the applicant in writing of such decision.
If additional information was requested by the Township to complete
an application, the time required by the applicant to provide the
information shall not be counted toward the Township's ninety-day
review period. If the application is subject to conditional use approval,
such conditional use provisions will remain applicable to the application;
however, the timing of approval shall not fall outside the timeline
set forth in this section unless otherwise agreed upon by the applicant
and the Township.
[Added 6-20-2019 by Ord.
No. 04-2019]
(x)
Nonconforming uses. Nonconforming tower-based WCFs which are
hereafter damaged or destroyed due to any reason or cause may be repaired
and restored at their former location but must otherwise comply with
the terms and conditions of this Ordinance.
(y)
Removal. Where use of a tower-based WCF is to be discontinued,
the owner shall provide written notice to the Township of its intent
to discontinue its use and the date when the use shall be discontinued.
Unused or abandoned WCFs or portions of WCFs shall be removed as follows:
[1]
All unused or abandoned tower-based WCFs and accessory facilities
shall be removed within six months of the cessation of operations
at the site unless a time extension is approved by the Township.
[2]
If the WCF and/or accessory facility is not removed within six
months of the cessation of operations at a site, or within any longer
period approved by the Township, the WCF and accessory facilities
and equipment may be removed by the Township and the cost of removal
assessed against the owner of the WCF.
[3]
Any unused portions of tower-based WCFs, including antennas,
shall be removed within six months of the time of cessation of operations.
The Township must approve all replacements of portions of a tower-based
WCF previously removed.
(z)
Permit fees. The Township may establish, by resolution, appropriate
and reasonable permit fees directly related to the Township's actual
costs in reviewing and processing the application for approval of
a tower-based WCF, as well as related inspection, monitoring, and
related costs.
(aa)
FCC license. Each person that owns or operates a tower-based
WCF shall submit a copy of its current FCC license, including the
name, address, and emergency telephone number for the operator of
the facility.
(bb)
Reservation of rights. In accordance with applicable law, the
Township reserves the right to deny an application for the construction
or placement of any tower-based WCF for numerous factors, including,
but not limited to, visual impact, design, and safety standards.
(cc)
Insurance. Each person that owns or operates a tower-based WCF
greater than 40 feet in height shall provide the Township with a certificate
of insurance evidencing general liability coverage in the minimum
amount of $5,000,000 per occurrence and property damage coverage in
the minimum amount of $5,000,000 per occurrence covering the tower-based
WCF. Each person that owns or operates a tower-based WCF 40 feet or
less in height shall provide the Township with a certificate of insurance
evidencing general liability coverage in the minimum amount of $1,000,000
per occurrence and property damage coverage in the minimum amount
of $1,000,000 per occurrence covering each tower-based WCF.
(dd)
Indemnification. Each person that owns or operates a tower-based
WCF shall, at its sole cost and expense, indemnify, defend and hold
harmless the Township, its elected and appointed officials, employees
and agents, at all times against any and all claims for personal injury,
including death, and property damage arising in whole or in part from,
caused by or connected with any act or omission of the person, its
officers, agents, employees or contractors arising out of, but not
limited to, the construction, installation, operation, maintenance
or removal of the tower-based WCF. Each person that owns or operates
a tower-based WCF shall defend any actions or proceedings against
the Township in which it is claimed that personal injury, including
death, or property damage was caused by the construction, installation,
operation, maintenance or removal of a tower-based WCF. The obligation
to indemnify, hold harmless and defend shall include, but not be limited
to, the obligation to pay judgments, injuries, liabilities, damages,
reasonable attorneys' fees, reasonable expert fees, court costs and
all other costs of indemnification.
(ee)
Engineer signature. All plans and drawings for a tower and Antenna
shall contain a seal and signature of a professional structural engineer,
licensed in the Commonwealth of Pennsylvania.
(ff)
Financial security. Prior to receipt of a zoning permit for
the construction or placement of a tower-based WCF, the WCF applicant
shall provide to the Township financial security sufficient to guarantee
the removal of the tower-based WCF. Said financial security shall
remain in place until the tower-based WCF is removed.
(2)
Regulations applicable to tower-based wireless communications
facilities located outside the public rights-of-way.
(a)
Development regulations.
[1]
Location. Tower-based WCF are permitted outside the public rights-of-way
by conditional use in the MU Mixed-Use District and the CS/LI Commercial
Service/Limited Industrial District.
[Amended 6-20-2019 by Ord. No. 04-2019]
[a]
No tower-based WCF shall be located within 75 feet
of any underground utilities or underground utility easements.
[2]
Sole use on a lot. A tower-based WCF shall be permitted as a
sole use on a lot, provided that the underlying lot is a minimum of
6,000 square feet and meets the minimum lot area of the district in
which it is located. The minimum distance between the base of a tower-based
WCF and any adjoining property line or street right-of-way line shall
equal 110% of the proposed height of the tower-based WCF unless it
is demonstrated to the reasonable satisfaction of the Board that,
in the event of failure, the WCF is designed to collapse upon itself
within a setback area less than the required minimum setback without
endangering such adjoining property uses, their occupants, pedestrians,
or traffic.
[3]
Combined with another use. A tower-based WCF may be permitted
on a property with an existing use, or on a vacant parcel in combination
with another use, except residential, subject to the following conditions:
[a]
The existing use on the property may be any permitted
use in the applicable district and need not be affiliated with the
WCF.
[b]
Minimum lot area. The minimum lot shall comply
with the requirements for the applicable district and shall be the
area needed to accommodate the tower-based WCF and guy wires, the
equipment building, security fence, and buffer planting if the proposed
WCF is greater than 40 feet in height.
[c]
Minimum setbacks. The minimum distance between
the base of a tower-based WCF and any adjoining property line or street
right-of-way line shall equal 110% of the proposed height of the tower-based
WCF unless it is demonstrated to the reasonable satisfaction of the
Board that, in the event of failure, the WCF is designed to collapse
upon itself within a setback area less than the required minimum setback
without endangering such adjoining property uses, their occupants,
pedestrians, or traffic.
(b)
Design regulations.
[1]
The tower-based WCF shall employ the most current stealth technology
available in an effort to appropriately blend into the surrounding
environment and minimize aesthetic impact. Application of the stealth
technology chosen by the WCF applicant shall be subject to the approval
of the Township.
[2]
To the extent permissible by law, any height extensions to an
existing tower-based WCF shall require prior approval of the Township.
[3]
Any proposed tower-based WCF shall be designed structurally,
electrically, and in all other respects to accommodate both the WCF
applicant's antennas and comparable antennas for future users.
[4]
Any tower-based WCF over 40 feet in height shall be equipped
with an anti-climbing device, as approved by the manufacturer.
(c)
Surrounding environs.
[1]
The WCF applicant shall ensure that the existing vegetation,
trees and shrubs located within proximity to the WCF structure shall
be preserved to the maximum extent possible.
[2]
The WCF applicant shall submit a soil report to the Township
complying with the standards of Appendix I: Geotechnical Investigations,
ANSI/EIA-222-E, as amended, to document and verify the design specifications
of the foundation of the tower-based WCF and anchors for guy wires,
if used.
(d)
Fence/screen.
[1]
A security fence having a minimum height of six feet and a maximum
height of eight feet shall completely surround any tower-based WCF
greater than 40 feet in height, as well as guy wires, or any building
housing WCF equipment.
[2]
Landscaping. Landscaping shall be required to screen as much
of a newly constructed tower-based WCF as possible. The Board may
permit any combination of existing vegetation, topography, walls,
decorative fences or other features instead of landscaping if, in
the discretion of the Board, they achieve an equivalent degree of
screening. Existing vegetation shall be preserved to the maximum extent
possible.
(e)
Accessory equipment.
[1]
Ground-mounted related equipment associated to, or connected
with, a tower-based WCF shall be placed underground or screened from
public view using Stealth Technologies, as described above.
[2]
All related equipment, utility buildings and accessory structures
shall be architecturally designed to blend into the environment in
which they are situated and shall meet the minimum setback requirements
of the underlying zoning district.
(f)
Access road. An access road, turnaround space and parking shall
be provided to ensure adequate emergency and service access to a tower-based
WCF. Maximum use of existing roads, whether public or private, shall
be made to the extent practicable. Road construction shall at all
times minimize ground disturbance and the cutting of vegetation. Road
grades shall closely follow natural contours to assure minimal visual
disturbance and minimize soil erosion. Where applicable, the WCF owner
shall present documentation to the Township that the property owner
has granted an easement for the proposed facility.
(g)
Parking. For each tower-based WCF greater than 40 feet in height,
there shall be two off-street parking spaces.
(h)
Inspection. The Township reserves the right to inspect any tower-based
WCF to ensure compliance with the Zoning Ordinance and any other provisions
found within the Township Code or state or federal law. The Township
and/or its agents shall have the authority to enter the property upon
which a WCF is located at any time, upon reasonable notice to the
operator, to ensure such compliance.
(3)
Regulations applicable to tower-based wireless communications
facilities located in the public rights-of-way.
(a)
Location and development standards.
[1]
Such tower-based WCFs shall not be located in any public rights-of-way
which directly front or abut the front yard setback area of a residential
dwelling.
[2]
Only tower-based WCF that are 50 feet or shorter in height are
permitted in the public rights-of-way, by conditional use approval,
along the following corridors and roadways, regardless of the underlying
zoning districts:
[Amended 6-20-2019 by Ord. No. 04-2019]
[3]
Such tower-based WCFs shall be permitted along the above-listed
roads; however, they shall not be located along such roads in areas
specifically designated as scenic road segments, within 50 feet of
contributory features or within 50 feet of vista points as shown on
the Scenic Resources Map of East Brandywine Township, dated April
2, 2009, and as thereafter amended.
[4]
Tower-based WCFs may not be located upon any right-of-way within
300 feet of or on a building or structure that:
[a]
Is listed on either the National or the Pennsylvania
Register of Historic Places; or
[b]
Is eligible to be so listed; or
[c]
Is listed on the official historic structures and/or
historic districts list maintained by the Township; or
[d]
Has been designated by the Township to be of historical
significance.
(b)
Time, place and manner. The Township shall determine the time,
place and manner of construction, maintenance, repair and/or removal
of all tower-based WCFs in the right-of-way based on public safety,
traffic management, physical burden on the right-of-way, and related
considerations. For public utilities, the time, place and manner requirements
shall be consistent with the police powers of the Township and the
requirements of the Public Utility Code.
(c)
Equipment location. Tower-based WCFs and related equipment shall
be located so as not to cause any physical or visual obstruction to
pedestrian or vehicular traffic or to otherwise create safety hazards
to pedestrians and/or motorists or to otherwise inconvenience public
use of the ROW as determined by the Township. In addition:
[1]
In no case shall ground-mounted equipment, walls, or landscaping
be located within 18 inches of the face of the curb.
[2]
Ground-mounted equipment that cannot be placed underground shall
be screened, to the fullest extent possible, through the use of landscaping
or other decorative features to the satisfaction of the Township.
[3]
Required electrical meter cabinets shall the screened to blend
in with the surrounding area to the satisfaction of the Township.
[4]
Any graffiti on the tower or on any related equipment shall
be removed at the sole expense of the owner within 10 business days
of notice from the Township of the existence of the graffiti.
[5]
Any underground vaults related to tower-based WCFs shall be
reviewed and approved by the Township.
(d)
Design regulations.
[Amended 6-20-2019 by Ord. No. 04-2019]
[1]
The tower-based WCF shall employ the most current stealth technology
available in an effort to appropriately blend into the surrounding
environment and minimize aesthetic impact. The application of the
stealth technology chosen by the WCF applicant shall be subject to
the approval of the Township.
[2]
Any proposed tower-based WCF shall be designed structurally,
electrically, and in all other respects to accommodate both the WCF
applicant's antennas and comparable antennas for future users.
(e)
Relocation or removal of facilities. Within 60 days following
written notice from the Township, or such longer period as the Township
determines is reasonably necessary or such shorter period in the case
of an emergency, an owner of a tower-based WCF in the ROW shall, at
its own expense, temporarily or permanently remove, relocate, change
or alter the position of any WCF when the Township, consistent with
its police powers and applicable Public Utility Commission regulations,
shall determine that such removal, relocation, change or alteration
is reasonably necessary under the following circumstances:
[1]
The construction, repair, maintenance or installation of any
Township or other public improvement in the right-of-way;
[2]
The operations of the Township or other governmental entity
in the right-of-way;
[3]
Vacation of a street or road or the release of a utility easement;
or
[4]
An emergency as determined by the Township.
(f)
Reimbursement for right-of-way use. In addition to permit fees
as described in this Ordinance and established by resolution of the
Board of Supervisors, every tower-based WCF in the right-of-way is
subject to the Township's right to fix annually a fair and reasonable
fee to be paid for use and occupancy of the right-of-way. Such compensation
for right-of-way use shall be directly related to the Township's actual
right-of-way management costs, including, but not limited to, the
costs of the administration and performance of all reviewing, inspecting,
permitting, supervising and other right-of-way management activities
by the Township. The owner of each tower-based WCF shall pay an annual
fee to the Township to compensate the Township for the Township's
costs incurred in connection with the activities described above.
D.
General and specific regulations for wireless communications facilities
upon municipal use land or public use land.
(1)
Tower-based WCFs may be permitted upon public lands owned by
the Township, regardless of the provisions of the underlying zoning
districts, when approved by conditional use by the Board pursuant
to the conditional use procedures and standards contained herein and
subject to the following additional criteria:
(a)
Where a previously approved tower-based WCF is located upon
public land owned by the Township, antenna(s) of providers other than
the entity owning the tower may co-locate on the tower if the proposed
co-location meets all of the requirements set forth in the Pennsylvania
Wireless Broadband Collocation Act, 53 P.S. § 11702.1.
(b)
When required by the Board, the tower-based WCF shall be architecturally
screened and landscaped to simulate other structures existing in the
Township, such as light poles, flagpoles, farm silos or trees (stealth
features), and shall be painted one or more colors (blue, green or
remain galvanized) as directed by the Board.
(c)
The location of the tower-based WCF within the public land owned
by the Township shall be at the discretion of the Board should it
grant approval of the conditional use application and shall be an
express condition thereof.
(d)
The Township may enter into separate agreements and fee arrangements
with tower-based WCF applicants beyond those permit fees and reimbursement
costs set forth in previous sections of this Zoning Ordinance.
(2)
Non-tower WCFs may also be permitted upon public lands owned
by the Township, regardless of the underlying zoning district, subject
to those regulations and restrictions as set forth in the preceding
sections governing all non-tower WCFs and subject to the following
additional criteria:
(a)
The Board at its discretion can modify certain standards and
regulations to allow a reasonable use of Township-owned property to
accommodate non-tower WCFs.
(b)
Where a previously approved tower-based WCF or other wireless
support structure is located upon public land owned by the Township,
antenna(s) of providers other than the entity owning the tower may
co-locate on the wireless support structure, if the proposed co-location
meets all of the requirements set forth in the Pennsylvania Wireless
Broadband Collocation Act, 53 P.S. § 11702.1.
(c)
Subject to applicable law, the location of the non-tower WCF
within the public land owned by the Township shall be at the discretion
of the Township.
(d)
The Township may enter into separate agreements and fee arrangements
with non-tower-based WCF applicants beyond those permit fees and reimbursement
costs set forth in previous sections of this Zoning Ordinance.
E.
Consistency with state and federal laws and regulations. The provisions
contained herein regulating wireless communications facilities are
intended to comply with federal and state laws and regulations in
effect as of the date of adoption of this section. To the extent that
any of the provisions in this section conflict with any federal or
state statute or regulations, the federal or state statutes or regulations
shall control unless the applicable federal or state statutes or regulations
allow for more stringent provisions in local ordinances. In which
case, the more stringent provisions of local ordinances shall remain
in effect and shall control in such instances.
[Amended 6-20-2019 by Ord. No. 04-2019]
[1]
Editor's Note: This ordinance also repealed former §
399-101, Communications towers, antenna and equipment, added 6-20-2001
by Ord. No. 01-01.
[Added 6-19-2002; amended 10-17-2007 by Ord. No.
10-2007]
The following standards shall apply to any convenience store,
as defined and specifically permitted by this chapter. The standards
in this section shall supersede similar standards that may be contained
in the zoning district in which a convenience store is permitted.
Standards in the base zoning district that are not addressed in this
section shall be applicable to the convenience store use.
A.
Minimum lot area. A net lot area of not less than two acres shall
be required for any convenience store.
[Amended 3-6-2008 by Ord. No. 03-2008]
B.
Floor area. The maximum floor area of a convenience store shall be
6,000 square feet. The minimum floor area of a convenience store shall
be 3,000 square feet.
[Amended 3-6-2008 by Ord. No. 03-2008]
D.
Hours of operation. There shall be no limit on the operating hours of a convenience store. During the hours of 10:00 p.m. to 6:00 a.m. and on Sundays and legal holidays, however, the restrictions against noise contained in § 399-84 of this chapter shall be strictly applied. No deliveries to the site or trash removal from the site shall occur during these times.
H.
Landscaping and buffering: as required by § 399-90H. In addition, the Township may require supplemental fencing, consisting of materials and dimensions it deems appropriate, along any property line that abuts a residential use or residentially zoned property.
I.
Property management and mitigation of off-site impacts.
(1)
Food and beverage shall not be consumed within the parking area
or any other exterior portion of the site.
(2)
Trash disposal shall be managed to prevent any problem of littering
on or off the site. There shall be no dumpster or similar large-scale
outdoor trash receptacle on the property.
(3)
Noise and lighting shall be controlled to avoid any impact on
nearby residential properties.
(4)
Outside loud speakers shall be audible only to persons in the
immediate vicinity of the fueling positions.
J.
Fueling positions. Where a convenience store offers the retail sale
of automotive fuel, the maximum number of fueling positions, each
containing one dispensing hose, shall be limited to one per 500 square
feet, or portion thereof, of convenience store floor area. In no case,
however, shall the number of fueling positions exceed 12.
K.
Architectural treatment. The applicant shall demonstrate that the
proposed design of the building facade and related canopy or other
structural elements on the property will minimize incompatibility
with the character of existing buildings in the VC District and other
immediately adjacent properties. Where the architectural history of
the site and its immediate vicinity has been researched and documented,
the Township may provide such information to the applicant and examine
the proposed structures in relation to the documented history.
L.
Maximum impervious surface area. Not more than 65% of the net area
of any lot may be covered by impervious surfaces.
[Added 3-6-2008 by Ord. No. 03-2008]
[Added 12-30-2004 by Ord. No. 04-22; amended 2-8-2015 by Ord. No. 01-2015; 11-29-2018 by Ord. No. 05-2018]
A.
Statement of intent. It is the purpose of this section to provide
for the regulation of logging operations to ensure:
(1)
That long-term production of forest crops and benefits are encouraged;
(2)
That the right to harvest trees is exercised with due regard
for the protection of the physical property of adjacent landowners;
(3)
That the potential for negative environmental impacts resulting
from improper logging operations is minimized and sound forest stewardship
is practiced; and
(4)
That unreasonable and unnecessary restrictions of the right
to undertake logging operations are avoided.
B.
Scope and applicability.
(1)
The provisions and requirements of this section shall apply
to any logging operation, as defined by this chapter, where the harvest
area in which the logging operation will occur occupies one acre or
more of land within East Brandywine Township.
(2)
A zoning permit in accordance with the terms of this section shall be required for all logging operations, except as noted in Subsection B(4) below.
(3)
It is not the intent of this section to regulate timber harvest
for home use, normal property maintenance and upkeep, or in conjunction
with a land use change.
(4)
The following operations are specifically exempt from the requirement
to obtain a zoning permit:
(a)
Removal of dead or diseased trees.
(b)
Removal of trees that are in such a condition or physical location
as to constitute a danger to the occupants of a property or the structures
thereon, or to a public right-of-way.
(c)
Removal of up to five trees per acre of woodland per year for
the purpose of timber stand improvement where the harvested trees
are not part of a commercial sale.
(d)
Christmas tree farming.
(e)
Orchard operations.
(f)
Removal of nursery stock.
C.
Responsibility.
(1)
It shall be the responsibility of each landowner on whose land
a logging operation is to be carried out to develop or have developed
a written forestry/logging plan, in form and content as specified
by this section, and to submit such plan to the Zoning Officer as
part of the application for a zoning permit. No logging operation
shall occur until the plan has been reviewed and approved by the Township.
The landowner and the operator shall be jointly and severally responsible
for complying with the terms of the logging plan. The plan shall be
available at the harvest site at all times during the logging operation
and shall be provided to the Zoning Officer upon request.
(2)
For any logging operation, the landowner shall notify the Zoning
Officer at least 10 business days prior to commencement of the operation
and within five business days of completion of the operation. Notification
shall be in writing and shall specify the land on which the operation
will occur and the anticipated starting or completion dates of the
operation.
D.
Preparation and content of forestry/logging plan.
(1)
Each forestry/logging plan for a logging operation within East
Brandywine Township shall be prepared by an individual with professional
forester qualifications.
(2)
Any logging plan shall, at minimum, include the following:
(a)
Property description, including location and brief description
of each stand on the property.
(b)
Goals and objectives of the logging operation.
(c)
A narrative stand analysis, describing stocking (in terms of
basal area or relative density), species composition, and average
diameter of stand.
(d)
Narrative description of the residual stand.
(e)
The following appendixes:
[1]
Proof of current general liability and/or worker's
compensation insurance.
[2]
Copy of erosion and sedimentation control plan
with a letter of adequacy from the Chester County Conservation District,
and including all associated permits and reports, as applicable.
[3]
Proof of a PennDOT highway occupancy permit or
an East Brandywine Township driveway permit for temporary access,
as applicable.
(f)
A site map containing the following information:
[1]
Site location and boundaries, including both the
boundaries of the property on which the logging operation will take
place and the boundaries of the proposed harvest area within the property.
[2]
Location of all earth disturbance activities such
as roads, landings, and water control measures and structures.
[3]
Location of all proposed crossings of waters of
the commonwealth.
[4]
The general location of the proposed operation
in relation to Township and state roads, including proposed access
to those roads.
[5]
Topography, including areas with slope between
15% and 25% and areas with slope greater than 25%, and soils of the
property and harvest site.
[6]
Location of any wetlands or other sensitive environmental
areas and the proposed measures to protect such areas.
(g)
Demonstration of compliance with all applicable state laws and
regulations and Township ordinances, including but not limited to:
[1]
Erosion and sedimentation control regulations contained
in 25 Pa. Code Chapter 102, promulgated pursuant to the Clean Streams
Law (35 P.S. § 691.1 et seq.);
(h)
Demonstration of compliance with all applicable federal laws
and regulations, including but not limited to the best management
practices (BMPs) as set forth at 33 CFR 323.4(a)(6)(i) through (xv).
(i)
Identification of, and measures that will be taken to protect, specimen vegetation (as defined in Chapter 350 of the Land Use Code).
(j)
The forestry/logging plan shall include a plan for the reforestation
of the site, including the retention of a sufficient number of younger,
healthy trees. The plan shall be consistent with accepted forest management
practices including, but not limited to, the use of deer fencing and
herbicides. Plant material to be used for reforestation purposes shall
conform to the standards of the publication "American Standard for
Nursery Stock," ANSI or USAS Z60.1, of the American Association of
Nurserymen, as amended. All plant material used on the site shall
have been grown within the same USDA hardiness zone as the site and
shall be nursery grown, unless it is determined by the Township that
the transplanting of trees partially fulfills the requirements of
this section. The plan also shall address measures to use and/or dispose
of downed trees and other slash.
E.
Forestry practices in relation to logging operations. The following
requirements shall apply to all logging operations:
(1)
Felling or skidding on or across any public road is prohibited
without the express written consent of the Township or the Pennsylvania
Department of Transportation, whichever party is responsible for maintenance
of the road.
(2)
Clear-cutting, as defined by Chapter 300, shall not be permitted as part of any logging operation.
(3)
There shall be no logging permitted on any land with a slope
of 25% or greater.
(4)
No tree shall be felled across a property line without the consent
of the adjoining landowner.
(5)
Litter resulting from any logging operation shall be cleaned
up and removed from the site before it is vacated by the operator.
(6)
Upon completion of the cutting and removal of trees from the
site, all remaining tops and slash shall be removed from the site.
The forestry/logging plan shall detail the means by which this will
be accomplished. Reducing all tops and slash to wood chips which are
evenly distributed across the subject site shall qualify as having
removed all materials. It shall be the equal responsibility of the
logging operator and the property owner to accomplish the removal
of remaining tops and slash. In the event such removal is not satisfactorily
accomplished, the Township may, as it deems necessary and appropriate,
undertake and complete such removal and collect the cost of same from
the property owner by civil action, including actions as authorized
under the Municipal Liens Law.
(7)
There shall be no logging permitted on any land within 50 feet
of a public roadway or property line. Tops, slash or other debris
shall not be permitted within this zone.
(8)
Responsibility for road maintenance and repair; road bonding.
Pursuant to Title 75, Pennsylvania Consolidated Statutes, Chapter
49; and Title 67 Pa. Code Chapter 189, the landowner and the operator
shall be responsible for repairing damage to Township roads caused
by traffic associated with the timber harvesting operation to the
extent the damage is in excess of that caused by normal traffic. The
applicant shall execute an agreement requiring the applicant to maintain,
repair, and/or replace any public road permitted for use under this
section. The applicant must provide financial security to insure compliance.
The financial security may consist of a funded escrow account or letter
of credit, subject to the review and approval of the Township Solicitor.
The Township Engineer may inspect the public road and require additional
financial security in the event the Township Engineer determines that
the amount of financial security is insufficient to maintain and/or
restore the public road. The applicant must cease use of and/or access
to the public road upon the Township's written notice that such damage
and/or potential damage exists and/or the applicant fails to provide
adequate financial security, which the Township Engineer then determines
is inadequate. The applicant agrees to pay and provide sufficient
financial security to insure payment of all inspections and/or professional
consultant fees necessary for the inspection and/or enforcement of
the agreement.
(9)
Upon completion of the logging operation, the applicant shall
notify the Township Engineer, who shall be authorized to inspect the
completed logging site and the roads within the Township used for
the logging operation. Based upon the inspection, the Township Engineer
shall either recommend the release of the performance guarantee by
the Board of Supervisors or shall document actions that must be taken
by the applicant at the site and/or on the roads prior to release
of the performance guarantee. Where a logging operation is conducted
for a period in excess of 12 months, the landowner or operator shall
submit proof, at the beginning of each new twelve-month period, to
the Township that the guarantee bond remains in existence for an amount
that will then be required to correct damage to any public road.
(10)
A performance guarantee, in a form consistent with the terms
provided for such guarantees by the Township S/LDO, shall be provided
by the landowner or operator to assure that the required terms for
reforestation of the site are accomplished. Such guarantee shall be
for an amount not less than $3,000 per acre, or fraction thereof,
of tract area being harvested.
F.
Enforcement.
(2)
Inspections. The Zoning Officer may go upon the site of any
timber harvesting operation, before, during, or after logging to:
(3)
Enforcement notice.
(a)
Upon finding that a timber harvesting operation is in violation of any provision of this section, the Zoning Officer shall issue the operator and the landowner an enforcement notice as prescribed in § 399-153 of this chapter.
(b)
The Zoning Officer may order the immediate suspension of any
operation upon finding that: i) corrective action has not been taken
by the date specified in the enforcement notice; ii) the operation
is proceeding without a logging plan; or iii) the operation is causing
immediate harm to the environment. Suspension orders shall be in writing
and shall be issued to the operator and the landowner. The operator
or the landowner may appeal a suspension order issued by the Zoning
Officer within 30 days of issuance.
[Added 10-19-2005 by Ord. No. 4-2005]
A.
Where permitted and approved as a special exception, or where permitted
as a conditional use in the TND-1 District or the TND-2 Overlay District,
a day-care facility proposed as a principal use providing day care
for more than six children or adults who are not relatives of the
caregiver shall comply with the standards of this section.
[Amended 10-1-2015 by Ord. No. 07-2015]
B.
Any such facility shall hold any required federal or state license
and certificate and shall meet all current state or federal regulations
including standards governing adequate indoor space, accessible outdoor
play space, and any applicable state or local building and firesafety
codes. Any such facility shall be fully protected by smoke detectors
and fire extinguishers.
C.
There shall be one off-street parking space provided for each employee
and one safe passenger unloading space measuring 10 feet by 20 feet
for each six children that the facility is licensed to accommodate.
D.
When an off-premises outdoor play area is proposed to be utilized,
it must be located within 1,000 feet and safely accessible without
crossing at grade any arterial street or other hazardous area.
E.
The outdoor play area required by state licensing shall be surrounded
by a safety fence or natural barrier.
F.
Outside play shall be limited to the hours between 8:00 a.m. and
7:00 p.m.
G.
Where the property to be occupied by the proposed day-care facility
has frontage on an arterial or collector street, as designated by
the Township, the Zoning Hearing Board shall evaluate the building
location and may, as it deems appropriate for purposes of safety,
access, and compatibility with surrounding properties, require a larger
setback dimension from the arterial or collector street than is otherwise
required by the base zoning district.
H.
Where the proposed lot abuts a residential zoning district or existing
residential use, the applicant shall submit plans for vegetative screening
along such lot line(s), with such plans subject to approval or modification
by the Zoning Hearing Board.
I.
The proposed means of vehicular access to the lot shall be reviewed
by the Township Engineer, who shall make a recommendation to the Zoning
Hearing Board regarding safety, adequacy of ingress and egress, and
internal circulation.
J.
Sewage facilities shall be provided to the site in accordance with
the requirements of the Pennsylvania Department of Environmental Protection
and the Chester County Health Department.
[Added 3-4-2010 by Ord. No. 05-2010]
K.
Fencing shall be provided, as necessary, to protect occupants from
hazardous areas such as open drainage ditches, wells, holes, and arterial
and major collector roads. Natural or physical barriers may be used
in place of fencing, so long as such barriers functionally restrict
occupants from these areas.
[Added 3-4-2010 by Ord. No. 05-2010]
L.
Day-care facilities shall not provide medical or personal care services
which extend beyond simple first aid and assistance with dressing,
bathing, diet, and medication prescribed for self-administration,
unless the facility is licensed by the Pennsylvania Department of
Public Welfare to provide such additional services.
[Added 3-4-2010 by Ord. No. 05-2010]
M.
The applicant shall submit a plan showing existing or proposed outdoor
play areas, outdoor play equipment, fencing, access drives, adjacent
streets, adjacent hazardous land uses, on-site hazardous areas (as
described above), delivery areas, parking spaces, and the child dropoff
circulation pattern.
[Added 3-4-2010 by Ord. No. 05-2010]
N.
Where a day-care facility is permitted as a conditional use, it shall adhere to the standards of Subsections A through M, above. In addition, such facility shall provide no direct pedestrian access to, and shall have no outdoor play space adjacent to, Route 322 (Horseshoe Pike), Bondsville Road or East Reeceville Road.
[Added 7-16-2014 by Ord. No. 02-2014]
[Added 10-19-2005 by Ord. No. 4-2005]
Where permitted under the terms of this chapter, a vehicle towing
service shall comply with the following regulations:
A.
Where a vehicle towing service is located on a lot adjacent to a residential zoning district or residential use, there shall be a setback from the adjacent residential zoning district boundary or residential use lot line of at least 100 feet, screened in accordance with § 399-79.
B.
Wherever the lot containing a vehicle towing service abuts a public or private street, the portion(s) of the lot abutting the public or private street shall contain screening material that complies with the standards in § 399-79.
C.
Where a portion of the lot is used as an impoundment area, such area
shall be enclosed within a wall or fence at least eight feet in height
that is at least 90% solid or opaque.
D.
No more than two adjoining rows of stored vehicles shall be permitted.
E.
There shall be provided at least a twelve-foot wide accessway which
shall be kept free and clear at all times to provide for access to
all parts of the premises for firefighting and other safety or emergency
purposes.
F.
The maximum amount of time that any vehicle may be impounded on the
property shall be 30 days.
G.
Where the property containing a vehicle towing service is adjacent
to a residential use, the operator will seek to minimize off-site
impacts from noise and related disturbance by limiting the delivery
and off-loading of towed or transported vehicles during other than
regular business hours.
H.
Lighting of any vehicle impoundment area shall be provided. Such
lighting shall provide a minimum illumination level of 1/2 footcandle.
All lighting shall be so designed to prevent direct glare onto adjacent
dwelling units. Shielding shall be designed to eliminate direct light
and glare beyond an angle of 35° from the vertical plane of the
lighting fixture.
[Added 10-19-2005 by Ord. No. 4-2005]
A.
A continuing care development shall be as defined by this chapter.
B.
In a continuing care development, a building or buildings may be
erected, altered or used and a lot or premises may be used or occupied
for any of the following individual or combination of uses:
(1)
Independent dwelling units. Single-family detached dwellings,
single-family semidetached dwellings, two-family detached dwellings,
and single-family attached dwellings. Each dwelling unit shall contain
complete kitchen, toilet, and bathing facilities, and shall have at
least one outside window.
(2)
Independent living apartment units. Multifamily dwellings in
which each group of apartment units is associated with one or more
common areas designated for the exclusive benefit of the group. Each
apartment unit shall contain at least one outside window. Each apartment
unit shall provide space and facilities for cooking and related kitchen
activities, bathing, and toilet functions. Common areas may also be
provided for recreation, relaxation, laundry services, bulk storage,
and similar activities.
(3)
Assisted-care facilities. For the purposes of a continuing care
development only, premises, or a portion thereof, in which food, shelter,
and licensed personal assistance or supervision are provided for residents
requiring supervision and assistance in such matters as dressing,
bathing, diet or medication prescribed for self-administration, but
not requiring hospitalization or skilled nursing care. Facilities
shall include a living/sleeping area and a private powder room, although
a shared bath shall be permitted.
(4)
Skilled care or nursing care facilities. For the purposes of
a continuing care development only, premises or a portion thereof
used to house and care for persons requiring continuous, assisted,
or skilled nursing care.
(5)
Accessory uses. For the purposes of a continuing care development
only, offices, activity areas, craft, woodworking and hobby shops,
recreation facilities, pools, gift shops, adult day care, child day
care, ancillary personal services facilities, dining facilities, ancillary
health care facilities, maintenance facilities, bank, library, central
kitchen and dining room, snack bar, village store, pharmacy, chapel,
and similar uses incidental to the main or principal uses. The total
square footage of all accessory uses within the continuing care retirement
community shall not exceed 20% of the square footage of all buildings
within the continuing care retirement community. This percentage shall
not be exceeded in any one phase of the development. No individual
retail accessory use may exceed 2,000 square feet in size.
(6)
Prohibited uses. No building shall be erected, altered or used
and no premises shall be used for any activity which is continuously
noxious, injurious, or offensive by reason of dust, smoke, odor, fumes,
noise, vibration, gas, illumination, or similar substances or conditions.
C.
Minimum tract area. A continuing care development shall require a
minimum gross tract area of 10 acres.
D.
The residents must be at least 55 years of age, except that:
[Amended 4-19-2006 by Ord. No. 01-2006]
E.
The continuing care development shall be developed in accordance
with the following standards:
(2)
Density. The maximum density of development shall not exceed
five dwelling units per net acre of tract area. Equivalent density
shall be calculated as follows:
(3)
Maximum impervious coverage: 45% of the net tract area.
(4)
Maximum building height. The maximum height of all buildings
shall be as provided under the terms of the base zoning district.
(5)
Building length. The maximum horizontal length of a building
shall be 160 feet. At its discretion, the Board may authorize an increase
in length to 200 feet where the design includes architecturally attractive
offsets.
(6)
Setbacks. The following minimum setbacks shall be observed:
(a)
Independent living apartment buildings, skilled care facilities,
assisted care facilities, and accessory uses: 50 feet from any perimeter
property line of the continuing care development, including any perimeter
public street right-of-way.
(b)
Independent living cottage and accessory uses: 40 feet from
any perimeter property line of the continuing care development, and
50 feet from any perimeter public street right-of-way.
(7)
Building separation. Any minimum building separation dimension
for dwelling units in the base zoning district shall be applicable
to a continuing care development.
(8)
Common areas and facilities. Where facilities serving the entire
development, such as parking lots, pedestrianways, driveways, alleys,
lighting facilities, drainage facilities, landscape planting areas,
buffer open spaces, and recreation areas are provided in common areas,
provisions for their perpetual ownership, maintenance, and care shall
be established by and be the complete responsibility of the property
owner.
(9)
Common open space. An area of not less than 30% of the gross tract area shall be retained and designated as common open space. Uses, dimensions, and environmental characteristics of the common open space shall be in accordance with the terms of § 399-58 of this chapter.
(10)
Recreation spaces. One or more recreation spaces (each with
a minimum area of 1,200 square feet) shall be provided within areas
of common open space. The total area of such recreation spaces shall
be not less than 100 square feet per unit. All recreation spaces shall
be located in areas suitable for the type of outdoor active or passive
recreation being proposed. All recreation spaces shall be at least
20 feet from any building. The types of recreation areas shall relate
to the expected ages of the residents.
(11)
Access to structures.
(a)
Every building erected shall be on a lot adjacent to a public
street or have access to an approved internal driveway network.
(b)
All structures shall be located so as to provide safe and convenient
access for servicing fire protection and off-street parking.
(c)
Sidewalks shall be provided, in locations as deemed appropriate by the Board, to assure adequate pedestrian access to buildings, parking areas, accessory uses, community services and facilities, and recreation and open space areas. Sidewalk construction shall conform to the standards in § 350-43 of Chapter 350, Subdivision and Land Development.
(d)
Wheelchair access shall be provided to all dwellings and all
accessory uses.
(12)
Access drives. The following minimum cartway widths shall be
provided for any access drive within a continuing care retirement
community:
|
Function
|
Minimum Cartway Width
(feet)
| |
|---|---|---|
|
One-way traffic, no parking
|
9
| |
|
Two-way traffic, no parking
|
18
| |
|
One-way traffic, parallel parking on one side
|
18
| |
|
Two-way traffic, parallel parking on one side
|
27
| |
|
One-way traffic, parallel parking on two sides
|
34
|
(13)
Minimum parking standards. The following minimum parking standards
shall apply to the development of a continuing care retirement community.
(a)
Independent dwelling units. One and one-half spaces for each
independent dwelling, plus one space for every five independent dwelling
units to be used primarily by visitors to such units. For the purposes
of calculating parking requirements for single-family units, a garage
shall not be considered a parking space.
(b)
Apartment dwelling units. One and one-half spaces for each apartment
dwelling unit.
(c)
Assisted care, skilled care, and personal care facilities. One
space for every four beds in such facilities.
(d)
Staff parking. One space for each staff doctor.
(e)
Employee parking. One space for each employee working on the
largest shift.
[Added 2-7-2013 by Ord. No. 01-2013]
A.
Statement of intent. It is the intent of this section to allow for
the safe use of solar energy systems within the Township while providing
simple guidelines to minimize any negative impacts on residents or
properties throughout the Township. These may include, but are not
limited to, matters of public safety, glare, and stormwater management.
The requirements of this section are not intended to hinder the ability
of citizens to supplement their energy supply through the proper use
of solar energy systems. Use of solar energy systems, in accordance
with these regulations, is supported and encouraged within the Township.
This section also establishes standards for the safe and appropriate
operation of solar farms.
B.
The following development and design standards shall be applied to
the construction and installation of any solar energy system:
(1)
Solar energy systems are permitted in all zoning districts as
an accessory use.
(2)
A building permit specific to a solar energy system is required
for the installation of any such system. The applicant shall reimburse
the Township for any administrative costs and legal fees incurred
during the application process, and for inspection costs incurred
by the Township during installation of the system.
(3)
Energy produced by a solar energy system shall be primarily
for personal use on the property where the system is located. Energy
produced in excess of personal needs on the property may be sold to
a local electric provider, but only as an ancillary and secondary
result of the solar energy system.
(4)
The local electrical distribution utility company shall be contacted
concerning the connection of a system to the grid and to address any
further issues. The applicant shall provide written proof to the Township
as part of the permit application that the local electrical distribution
utility company was contacted and informed of the applicant's intent
to install a solar energy system. Contacting the local electric company
is not necessary for off-grid systems.
(5)
Advertising on solar energy systems, other than reasonable identification
of manufacturer and operator, is prohibited. This includes any signage,
streamers, ribbons, flags, banners, or similar materials, but does
not include the posting of appropriate warning signs.
(6)
All solar energy systems shall be professionally constructed
and shall be installed in accordance with all applicable codes, regulations,
and manufacturer's specifications. Solar energy systems shall be certified
by Underwriters Laboratories, Inc., and the National Renewable Energy
Laboratory, the Solar Rating and Certification Corporation, or other
certifying agency determined acceptable by the Township. The Township
reserves the right to deny a building permit for proposed solar energy
systems deemed to have inadequate certification.
(7)
A solar energy system may be placed on the roof (roof-mounted)
or on the ground (ground-mounted).
(8)
Additional standards for roof-mounted solar energy systems.
(a)
A roof-mounted solar energy system may be mounted on a principal
or accessory building. The system shall in no place hang off or extend
beyond the edge of the roof. For sloped roofs, the system shall not
extend higher than the current peak of the roof. For flat roofs, the
system shall not extend higher than five feet vertically above the
roof and shall not be higher than the maximum allowable height for
buildings in the applicable zoning district. The system shall not
be placed on a front roof unless the Zoning Officer determines that
this represents the only feasible location where a solar energy system
would be functional.
(b)
An applicant for any roof-mounted solar energy system with a
pitch different from the roof (not flush-mounted) must, as part of
the building permit application, submit justification for the proposed
design and demonstrate: [i] how the design will accommodate potential
impact from snow and wind; and [ii] how any potential off-site impact
from glare will be mitigated. Such documentation shall be prepared
by a professional or professionals acceptable to the Township.
(c)
For any proposed roof-mounted solar energy system, the building
permit application shall include certification of its structural integrity,
prepared by a professional or professionals acceptable to the Township.
(d)
For roof-mounted systems, an effort shall be made to make the
wiring and hardware blend in with the roof and building facade.
(9)
Additional standards for ground-mounted solar energy systems.
(a)
A ground-mounted solar energy system shall comply with the same
setback requirements as an accessory building in the applicable zoning
district. The system shall not be taller than 15 feet.
(b)
A ground-mounted solar energy system shall not be located in
a front yard.
(c)
Where a ground-mounted solar energy system is proposed to be
located in a residential zoning district and/or adjacent to a residential
use, such system shall be screened from view from adjacent properties
in the neighborhood that could be impacted by glare from the system.
Screening may be accomplished by vegetation, fences, or walls in accordance
with the terms of this chapter. The Township may require the applicant
to submit a glare study, in sufficient detail to determine whether
screening will be required, and may further require such study to
address specific areas of concern, such as road segments or neighborhoods
that could be particularly susceptible to glare from the proposed
system.
(d)
All wiring for ground-mounted solar energy systems carrying
electric current shall, to the maximum extent practicable, be buried
underground to ensure safety. All wiring shall comply with the appropriate
version of the National Electric Code.
(e)
The surface area of a ground-mounted solar energy system shall
be considered impervious surface and subject to the applicable terms
of this chapter. The surface area of the panel or panel array shall
be calculated as the area of the shadow cast on the ground by the
panel(s) with the sun directly overhead. Impervious areas constructed
as part of the solar installation that are outside of the calculated
shadow area shall be added to the impervious calculation to determine
total impervious area.
C.
Passive solar energy systems installed during the construction of
a building that do not include solar panels are not subject to the
terms of this section. If improvements are being made to a building
to increase its use of passive solar energy, a building permit may
be required.
D.
Solar energy systems installed prior to enactment of this section
are not required to comply with the terms of this section. However,
any expansion of these systems at any point shall then require the
updated system to be in compliance with this section.
E.
The following standards shall be applied to the installation and
construction of any solar farm:
(1)
A solar farm shall be permitted as a principal use in the R-1
Residential, R-2 Residential, and CS/LI Commercial Service/Limited
Industrial District when approved as a conditional use by the Board
of Supervisors in accordance with the terms of this chapter.
(2)
A solar farm may be permitted on any Township-owned property
at the sole discretion of the Board of Supervisors.
(3)
A solar farm shall comply with the minimum net lot area, minimum
setback, and maximum impervious surface coverage requirements for
a single-family dwelling in the applicable zoning district. In the
CS/LI District, the solar farm shall comply with the requirements
for a single-family detached dwelling in the R-3 District.
(4)
A security fence at least eight feet in height must enclose
the perimeter of any solar farm site.
(5)
All appropriate warning signage and signage identifying operators
shall be clearly posted at the site.
(6)
All wiring and on-site power lines shall be placed underground,
to the maximum extent practicable. Any wiring carrying live current
that is above ground shall be clearly labeled as such.
(7)
The following shall be included in any application for conditional
use approval:
(a)
A descriptive plot plan that includes setbacks, property lines,
roads/rights-of-way, buildings, number of solar panels, solar panel
size, and impervious surface coverage calculation.
(b)
An application for a solar farm that is to be connected to the
electric grid may not be approved until written evidence is provided
to the Township showing a written notice has been provided to the
local electrical distribution utility company notifying them of the
applicant's intentions to build an interconnected customer-owned solar
farm.
(c)
If the applicant is not the property owner, an affidavit or
other satisfactory evidence of agreement between the applicant and
property owner confirming that the former has the permission to apply
for conditional use approval is required.
(d)
The applicant shall provide any other relevant studies, reports,
or approvals as may be reasonably requested by the Township.
(e)
A decommissioning plan, detailing the expected duration of the
solar farm and how the facility will be deconstructed once it is no
longer in use, shall accompany the application. The applicant shall
provide financial security in a form and amount suitable to the Township
to guarantee the removal of the equipment when its useful lifespan
has been reached.
(f)
Solar panels shall be placed such that concentrated solar radiation or glare shall not be directed onto nearby properties or roadways. The Township may require the applicant to submit a glare study in sufficient detail to demonstrate that this standard can be met. The glare study shall be consistent with the terms of Subsection B(9)(c) of this section and may be a basis to deny the conditional use application if deemed inadequate by the Board of Supervisors.
(g)
A solar farm shall be sited in such a way that it presents no
threat to traffic or to public health and safety.
(8)
If any solar farm has stopped operating for longer than one
year, the Township may require that the facility be decommissioned
at the owner's expense. A bond or other surety, satisfactory to the
Township, shall be provided to cover the anticipated cost of deconstruction
of the solar farm.
[Added 6-21-2018 by Ord.
No. 01-2018; amended 11-29-2018 by Ord. No. 05-2018]
A.
An age-qualified residential community shall be as defined in Chapter 300 of the Code of East Brandywine Township.
B.
In an age-qualified residential community, a building or buildings
may be erected, altered or used and a lot or premises may be used
or occupied for any of the following individual or combination of
uses when approved as a conditional use by the Board of Supervisors:
(1)
Single-family detached dwelling.
(2)
Multifamily townhouse (single-family attached).
(3)
Accessory uses. For the purposes of an age-qualified residential
community only, accessory uses shall include a community center, walking
trails, open space, parking areas, signs, and other similar amenities.
C.
Minimum net tract area. An age-qualified residential community shall
require a minimum net tract area of 75 acres.
D.
Maximum density and intensity of use.
(1)
Maximum number of dwellings. The maximum number of dwellings within an age-qualified residential community shall be determined by calculating the net tract area, as defined by and in accordance with § 300-17 of this Code.
(2)
Common open space. An area of not less than 40% of the net tract
area shall be retained and designated as common open space, which
shall comply with the standards of this section.
E.
Water and sewer service.
(1)
An age-qualified residential community shall be served by a public sewage facilities system, as defined by this Code. The plans for such system shall comply with the Township's Act 537 Plan and all applicable regulations of the East Brandywine Township Municipal Authority, the Chester County Health Department, and the Pennsylvania Department of Environmental Protection and with the requirements of Chapter 350, Subdivision and Land Development, of the Code of East Brandywine Township.
(2)
An age-qualified residential community shall be served by a
water supply system, as defined by this Code. The plans for such system
must demonstrate adequate supply for the proposed use, and must comply
with:
F.
Area and bulk regulations for dwellings.
[Amended 2-7-2019 by Ord.
No. 01-2019]
(1)
Lot regulations shall be as follows:
|
Type of Dwelling
|
Gross Lot Area
(Minimum)
|
Net Lot Area
(Minimum)
|
Lot Width
(Minimum)
|
Maximum Impervious Coverage
|
|---|---|---|---|---|
|
Single-family detached
|
6,000 square feet
|
5,000 square feet
|
60 feet
|
55% of gross lot area*
|
|
Multifamily townhouse
|
3,200 square feet [equivalent lot size]
|
3,200 square feet [equivalent lot size]
|
24 feet
|
N/A
|
|
*
|
No single-family detached lot shall have more than 55% of impervious
coverage, or 4,000 square feet of impervious coverage, whichever is
less.
|
(2)
Minimum setbacks shall be as follows:
|
Type of Dwelling
|
Front Yard
|
Side Yard
|
Rear Yard
|
|---|---|---|---|
|
Single family detached
|
20 feet**
|
7.5 feet
|
25 feet
|
|
Multifamily townhouse
|
20 feet
|
7.5 feet**
|
25 feet
|
|
**
|
There shall be a minimum separation between buildings of 20
feet.
|
(3)
Notwithstanding § 399-75A of the Zoning Ordinance, for single-family detached dwellings, a one-story roofed front porch, attached porch steps and the eaves, fascia, gutter and other architectural elements of the porch roof may project up to five feet into the minimum front yard setback; provided the front porch may not be enclosed in any manner, including by walls, glass, screens, windows and/or doors; and provided further that no balcony, platform, deck or living space may be constructed above the front porch.
G.
Maximum building height. The maximum height of all buildings shall
be 35 feet.
H.
Street and sidewalk specifications. In recognition of the fact that
development of an age-qualified residential community results in a
more compact layout than traditional residential development, streets
and sidewalks in an age-qualified residential community shall comply
with the following standards, which shall control over any inconsistent
standard in any applicable land use ordinance:
(1)
The minimum center line radii for horizontal curve for streets
shall be 75 feet.
(2)
Tangents of at least 10 feet shall be required between reverse
curves in streets.
(3)
Streets entering from opposite sides of another street shall
either be directly across from each other or offset by at least 150
feet measured from the centerline.
(4)
No center line of any driveway shall be closer than 40 feet
to the center line of any parallel cartway.
I.
Common open space. An area of not less than 40% of the net tract area shall be retained and designated as common open space, which shall comply with the standards of this section and the applicable standards of § 399-58C(5), as well as § 350-50. Common open space areas may include primary conservation areas, provided that primary conservation areas shall not constitute more than 35% of the common open space provided.
(1)
The common open space shall be designed to maximize the conservation
of site features identified in the conservation plan prepared and
submitted in accordance with the terms of § 399-24D.
(2)
There shall be no impervious surfaces located within the common
open space except where deemed necessary in association with approved
sewage facilities complying with § 399-102.6I(6)f; recreation
uses, including trail surfaces and community amenities such as a community
center; and/or where ownership of an area of common open space is
conveyed to the Township for use by it. The net tract area shall have
a maximum impervious coverage of 25%, provided that impervious surfaces
located in any such areas conveyed and/or dedicated to the Township
for the Township's exclusive use shall not be included in the calculation
of impervious coverage.
[Amended 2-7-2019 by Ord.
No. 01-2019]
(3)
Ownership of the common open space shall be by one or more of
the following methods:
(a)
The land is being used solely as a trail connector between areas
of open space and/or residential development.
(b)
Common ownership by an association comprised of the owners of
the lots or dwellings within the age-qualified residential community,
such homeowners' association to be formed pursuant to the Uniform
Planned Community Act, 68 P.S. § 5101 et seq. The declaration
and other governing documents for the homeowners' association shall
be in form and content acceptable to the Township. The declaration
shall include an open space management plan for the common open space.
(c)
At the discretion of the Board of Supervisors, dedication to
the Township or another public or nonprofit entity acceptable to the
Board; provided, nonetheless, that where ownership of an area of common
open space is conveyed to the Township for use by it, that area shall
not be deducted from the common open space in the age-qualified residential
community for the purposes of meeting the minimum requirements for
such open space.
(4)
All areas designated as common open space shall be subject to a conservation easement. In addition to complying with the applicable terms for conservation easements in § 399-58C(5), such easement shall be granted in favor of a qualified conservation organization, the applicable homeowners' association, or, at the Board's discretion, the Township. Where the easement is not held by the Township, the Township shall be granted the right to enforce the covenants, restrictions, and easement established by the conservation easement document, in addition to the rights of the easement holder.
(5)
Areas of common open space may be used for the following purposes,
or combinations thereof:
(a)
Cultivation of nursery stock or orchard trees;
(b)
Woodland, meadow, wetland, or similar conservation purpose;
(c)
Park or outdoor recreation area;
(d)
Amenities such as, but not limited to, a community center;
(e)
Trail or pathway corridors, the use of which shall be limited
to pedestrian and nonmotorized bicycles;
(f)
Community subsurface land application wastewater systems, when
in compliance with the terms of § 102.6I(6), below.
(g)
Stormwater management facilities serving the development, when in compliance with the terms of § 399-102.6I(6), below; and
(h)
Required buffer areas between any residential lot line and the
right-of-way line of any street existing at the time of application.
(6)
Sewage and stormwater management facilities.
(a)
Subsurface facilities for the land disposal of treated sewage
effluent including drip irrigation or seepage beds acceptable to the
Township and the East Brandywine Township Municipal Authority, when
consistent with the Township Sewage Facilities (Act 537) Plan, and
subject to review and approval by the Township Engineer, the Municipal
Authority Engineer, the Chester County Health Department, and/or the
Pennsylvania Department of Environmental Protection. Such systems
may include underground holding tanks and surface ponds for storage
of treated sewage effluent and associated monitoring wells and equipment.
Sewage-related mechanical facilities (grinder pumps, sand filters,
etc.) and elevated sand mounds or other types of systems that change
the grading of the natural ground surface, have components that project
above the ground surface, and/or spray treated effluent on the ground
surface shall not be permitted within areas of common open space;
(b)
The following may be included within, and may be calculated
as part of, common open space areas: areas devoted to stormwater management
techniques utilizing green technology best management practices, as
defined by this chapter, including areas designed to achieve sustained
or enhanced groundwater recharge, bioretention, and infiltration,
but excluding detention or retention basins.
(c)
The Board of Supervisors, at its sole discretion, may reduce or eliminate the eligibility of land used for such facilities to be included in the calculation of required minimum open space area where it determines that such facilities could cause the affected open space to be unsuitable and ineligible for other open space uses provided in § 399-102.6I(5), above.
(d)
No sewage or stormwater management facilities shall be located
in any primary conservation area; no such facilities shall be located
in any woodland unless specifically authorized by the Board of Supervisors.
(e)
Where necessary in relation to sewage facilities and/or stormwater
management facilities located within common open space, easements
shall be established to enable maintenance of such facilities by appropriate
parties. Such easements shall be subject to review and approval by
the Township and Municipal Authority Solicitor, and may be included
within and calculated as part of the required common open space.
(f)
All sanitary sewage facilities necessary to provide public sewer
service to the age-qualified residential community, including mains,
pumping stations and facilities for disposal of treated sanitary sewage
effluent shall be offered for dedication to the East Brandywine Township
Municipal Authority or private utility providing service to the community.
(g)
Except where specifically approved by the Board of Supervisors,
no area devoted to community sewage facilities or any stormwater management
facilities or techniques may be included in any common open space
area owned by East Brandywine Township or by any recreation authority
of which the Township is a member.
(7)
Any area of common open space shall be subject to an open space
management plan, the terms of which shall comply with the requirements
of § 399-58H. Where the common open space is to be owned
by a homeowner's association, management and maintenance of the common
open space shall be in accordance with the open space management plan.
(9)
The open space dimensional and design standards in § 399-58C(5)(k) shall be applicable.
(10)
The design of common open space areas shall be in compliance with the requirements for buffering and screening contained in § 399-58C(5).
(11)
Except where common open space is used for agriculture, it shall
be physically separated, through fencing, hedgerow, or other means
acceptable to the Township, from any adjacent land that is used for
agricultural purposes.
[Added 8-1-2019 by Ord.
No. 06-2019]
The following standards shall apply to any medical marijuana
grower/processor or dispensary, where such use is permitted as a conditional
use under the terms of this chapter.
A.
Medical marijuana grower/processor.
(1)
A medical marijuana grower/processor shall provide proof of
registration with the Pennsylvania Department of Health, or proof
that registration has been sought and is pending approval, and shall
at all times maintain a valid, accurate, and up-to-date registration
with the Department of Health. Should registration be denied or revoked
at any time, any conditional use approval shall immediately become
void.
(2)
A medical marijuana grower/processor shall at all times operate
in compliance with all Department of Health regulations pertaining
to such facilities.
(3)
No more than one grower/processor shall be permitted on any
one site or in any one building.
(4)
The site or facility shall provide adequate policing to prevent
the unintended transfer of marijuana plants off the premises.
(5)
Off-street parking shall be provided in accordance with the requirements for industrial and warehouse use, as contained in § 399-108D of this chapter.
(6)
Off-street loading facilities shall be provided in accordance with the standards for the Village Commercial District, as contained in § 399-112 of this chapter.
(7)
A medical marijuana grower/processor use shall not be operated
or maintained on a parcel within 1,000 feet of the nearest point on
the property line of a residentially zoned property or a parcel containing
a public, private, or parochial school or a day-care center.
(8)
A medical marijuana grower/processor shall submit a disposal
plan to, and obtain approval from, the Zoning Officer or his or her
designee. Medical marijuana remnants and by-products shall be disposed
of according to an approved plan and shall not be placed within an
exterior refuse container.
(9)
No retail sales of medical marijuana and no use of medical marijuana
shall be permitted on the premises of a medical marijuana grower/processor.
B.
Medical marijuana dispensary.
(1)
A medical marijuana dispensary shall provide proof of registration
with the Pennsylvania Department of Health, or proof that registration
has been sought and is pending approval, and shall at all times maintain
a valid, accurate, and up-to-date registration with the Department
of Health. Should registration be denied or revoked at any time, any
conditional use approval shall immediately become void.
(2)
A medical marijuana dispensary shall at all times operate in
compliance with all Department of Health regulations pertaining to
such facilities.
(3)
A medical marijuana dispensary may not operate on the same site
as a medical marijuana grower/processor.
(4)
A medical marijuana dispensary shall not be operated or maintained
on a parcel within 1,000 feet of the nearest point on the property
line of a residentially zoned property or a parcel containing a public,
private, or parochial school or a day-care center.
(5)
The site or facility shall provide adequate policing to prevent
the sale of medical marijuana products other than for state-licensed
medical purposes.
(6)
No more than one dispensary shall be permitted on any one site
or in any one building.
(7)
A medical marijuana dispensary must operate entirely within
an indoor, enclosed, and secure facility. No exterior sales and no
sidewalk displays shall be permitted. No drive-through, drop-off,
or pick-up services shall be permitted.
(8)
No use of medical marijuana shall be permitted on the premises
of a medical marijuana dispensary.
(9)
There shall be no emission of dust, fumes, vapors, or odors
which can be seen, smelled, or otherwise perceived from beyond the
lot line of the property where the medical marijuana dispensary is
operating.
(10)
A medical marijuana dispensary shall submit a disposal plan
to, and obtain approval from, the Zoning Officer or his or her designee.
Medical marijuana remnants and by-products shall be disposed of according
to an approved plan and shall not be placed within an exterior refuse
container.
(11)
Off-street parking shall be provided in accordance with the
requirements for indoor retail business use, as contained in § 399-108-B(1)
of this chapter.
