Township of Valley, PA Part 4 SPECIFIC CRITERIA

§ 27-401 Specific Standards for Special Exceptions and Conditional Uses.

[Ord. No. 2015-01, 6/22/2015]

In addition to the general criteria listed in §§ 27-605 and 27-705, the following sets forth standards that shall be applied to each individual special exception or conditional use. These standards must be satisfied prior to approval of any application for a special exception or conditional use. The applicant shall be required to demonstrate compliance with these standards and must furnish whatever evidence is necessary to demonstrate such compliance. All uses must comply with the standards expressed within the underlying zone, unless those standards expressed for each special exception or conditional use specify different standards; in such cases, the specific special exception or conditional use standards shall apply.

§ 27-402 Adult-Related Facilities.

[Ord. No. 2015-01, 6/22/2015]

1. Within the (I) Zone, adult-related facilities are permitted by conditional use subject to the following criteria.

2. An adult-related facility shall not be permitted to be located within 1,000 feet of any other adult-related facility.

3. No adult-related facility shall be located with 500 feet of any residentially zoned land.

4. No adult-related facility shall be located within 1,000 feet of any parcel of land which contains any one or more of the following specified land uses:

A. Amusement park.

B. Camp (for minors' activity).

C. Child-care facility.

D. Church or other similar religious facility.

E. Community center.

F. Museum.

G. Park.

H. Playground.

I. School.

J. Other lands where minors congregate.

5. The distance between any two adult-related facilities shall be measured in a straight line, without regard to intervening structures, from the closest point on the exterior property line of each establishment. The distance between any adult-related facilities and any land use specified above shall be measured in a straight line, without regard to intervening structures, from the closest point on the exterior property line of the adult-related facility to the closest point on the property line of said land use.

6. No adult-related materials, merchandise or film offered for sale, rent, lease, loan or for view upon the premises shall be exhibited or displayed outside of a building or structure.

7. Any building or structure used and occupied as an adult-related facility shall be windowless, or have an opaque covering over all windows or doors of any area in which materials, merchandise or film are exhibited or displayed and no sale materials, merchandise or film shall be visible from outside of the building or structure.

8. No sign shall be erected upon the premises depicting or giving a visual representation of the type of materials, merchandise or film offered therein.

9. Each entrance to the premises shall be posted with a notice specifying that persons under the age of 18 years are not permitted to enter therein and warning all other persons that they may be offended upon entry.

10. No adult-related facility may change to another adult-related facility, except upon approval of an additional conditional use.

11. The use shall not create an enticement for minors because of its proximity to nearby uses where minors may congregate.

12. No unlawful sexual activity or conduct shall be permitted.

13. No more than one adult-related facility may be located within one building or shopping center.

§ 27-403 Amusement Arcades.

[Ord. No. 2015-01, 6/22/2015]

1. Within the (HC) Zone, amusement arcades are permitted by special exception subject to the following criteria:

A. All activities shall take place within a wholly enclosed building.

B. The applicant must furnish evidence as to how the use will be controlled so as not to constitute a nuisance due to noise or loitering outside of the arcade.

C. A minimum of one parking space for each 80 square feet of gross leasable floor area shall be provided. In addition, any accessory uses (e.g., snack bar) shall also require parking to be provided in accordance with the schedule listed in § 27-312 of this chapter.

D. A working plan for the cleanup of litter shall be furnished and implemented by the applicant.

§ 27-404 Convenience Store With Filling Station.

[Ord. No. 2015-01, 6/22/2015]

1. Within the (RC, I, and PD) Zones, filling stations are permitted as an accessory use to a convenience store by conditional use subject to the following criteria:

A. The subject property shall have a minimum width of 125 feet or the minimum width required by the underlying zoning district, whichever is greater.

B. The subject property shall front on an arterial or collector road as listed in § 27-316.

C. Aboveground and underground fuel storage tanks, fuel dispensers and pumps, bulk filling connections/caps and piping, and lighted canopies and awnings covering such structures and components shall be set back at least 300 feet from any lot containing a school, day-care facility, playground, library, hospital or nursing, rest or retirement home.

D. The outdoor storage of motor vehicles (whether capable of movement or not) for more than a thirty-day period is prohibited.

E. All structures (including gasoline pump islands but not permitted signs) shall be set back at least 30 feet from any street right-of-way line or the minimum setback required by the underlying zoning district, whichever is greater.

F. No outdoor storage of automobile parts (new or used) shall be permitted.

G. Access drives shall be a minimum of 30 feet wide and separated by 75 feet from one another as measured from edge to edge if located along the same frontage. Access drives shall also be in accordance with requirements of the underlying zoning district and other provisions in this chapter.

H. All ventilation equipment associated with fuel storage tanks shall be set back 100 feet and oriented away from any adjoining residentially zoned properties.

I. Waste and lubricants may be stored outside only in side or rear yards and must comply with outdoor storage and residential buffer strip setbacks within the applicable zoning district and must be completely screened from roads and adjacent properties. The storage shall also comply with applicable fire codes. A Spill Prevention, Control and Countermeasure (SPCC) Plan consistent with the USEPA's SPCC Program shall be established.

§ 27-405 Automobile Service Facilities.

[Ord. No. 2015-01, 6/22/2015]

1. Automobile service facilities including, but not limited to, auto mechanics, drive-through lubrication services and tires, auto paint, brake, muffler, transmission, windshield, auto body, car radio and upholstery shop are permitted as a primary use by special exception in the (HC) Zone and as a permitted accessory use to a retail department store in the (RC) Zone subject to the following criteria:

A. All service and/or repair activities shall be conducted within a wholly enclosed building.

B. All uses involving drive-through services shall provide sufficient on-site stacking lanes to prevent vehicle backups on adjoining roads.

C. No outdoor storage of parts, equipment, or other materials used or discarded, as part of the service or repair operation, shall be permitted.

D. Waste and lubricants may be stored outside only in side or rear yards and must comply with outdoor storage and residential buffer strip setbacks within the applicable zoning district and must be completely screened from roads and adjacent properties. The storage shall also comply with applicable fire codes. A Spill Prevention, Control and Countermeasure (SPCC) Plan consistent with the USEPA's SPCC Program shall be established.

E. All exterior vehicle storage areas shall be screened from adjoining residentially zoned properties and roads.

F. The storage of unlicensed vehicles for more than 30 days is prohibited.

G. Any ventilation equipment outlets associated with the service/repair work area(s) shall not be directed towards any adjoining residentially zoned property.

H. All vehicles shall be repaired and removed from the premises promptly.

I. The demolition or junking of automobiles is prohibited.

§ 27-406 Bed-and-breakfast.

[Ord. No. 2015-01, 6/22/2015]

1. Within the (C) Zone, bed-and-breakfasts are permitted by special exception as an accessory use to a single-family detached dwelling subject to the following criteria:

A. The owner of the bed-and-breakfast use must be the owner of the property upon which the use is located, and the owner must reside in the single-family detached dwelling in which the bed-and-breakfast use is conducted.

B. No modifications to the external appearance of the building (except fire escapes) which would alter its residential character shall be permitted.

C. All floors above grade shall have direct means of escape to ground level.

D. One off-street parking space shall be provided for each room available for rent, in addition to those required for the dwelling unit.

E. All parking areas shall be screened from adjoining residentially zoned properties.

F. A bed-and-breakfast may erect one sign no larger than 12 square feet in size. Such sign must be set back 10 feet from all lot lines.

G. The applicant must furnish evidence of an approved means of sewage disposal for the proposed use.

§ 27-407 (Reserved)

§ 27-408 Boardinghouse.

[Ord. No. 2015-01, 6/22/2015]

1. Within the (R-2) Zone, boardinghouses are permitted by special exception subject to the following criteria:

A. The applicant shall furnish evidence that approved systems for sewage disposal and water supply shall be used.

B. No modifications to the external appearance of the building (except fire escapes) which would alter its residential character shall be permitted.

C. All floors above grade shall have direct means of escape to ground level.

D. One off-street parking space shall be provided for each room available for rent, in addition to those required for the dwelling unit.

E. All parking areas shall be screened from adjoining properties.

F. Meals shall be offered only to registered tenants.

G. One sign not to exceed two square feet shall be permitted.

§ 27-409 Campground.

[Ord. No. 2015-01, 6/22/2015]

1. Within the (C) Zone, campgrounds are permitted by conditional use subject to the following criteria:

A. Setbacks. All campsites shall be located at least 50 feet from any side or rear property line and at least 100 feet from any street line.

B. In no case shall there be more than 20 campsites per acre within a campground.

C. An internal road system shall be provided. The pavement width of one-way access drives shall be at least 14 feet, and the pavement width of two-way access drives shall be at least 24 feet. On-drive parallel parking shall not be permitted.

D. All outdoor play areas shall be set back 100 feet from any property line and screened from adjoining residential uses and R-1 and R-2 residentially zoned properties. Such outdoor play areas shall be used exclusively by registered guests and their visitors.

E. All campgrounds shall furnish centralized sanitary and garbage collection facilities that shall be set back a minimum of 100 feet from any property line. Such facilities shall be screened from adjoining residentially zoned properties.

F. Any accessory retail or service commercial uses shall be set back a minimum of 100 feet from any property line. Such accessory commercial uses shall be solely designed and constructed to serve the campground's registered guests and their visitors. Any parking spaces provided for these commercial uses shall have vehicular access from the campground's internal road rather than the public street. All accessory commercial uses and related parking shall be screened from adjoining residential uses and R-1 and R-2 residentially zoned parcels.

G. All campgrounds containing more than 100 campsites shall have vehicular access to an arterial or collector street as listed in § 27-316 of this chapter.

H. A campground may construct one freestanding or ground sign containing no more than 30 square feet. Any reference to accessory commercial or recreational facilities shall remain secondary in size to the reference of the principal campground use. Such sign shall be set back at least five feet from the street right-of-way line, and at least 20 feet from adjoining lot lines.

I. A minimum of 20% of the gross area of the campground shall be devoted to active and passive recreational facilities. Responsibility for maintenance of the recreation area shall be with the landowner. Should the landowner neglect to maintain the recreation area, the Board of Supervisors may then maintain the area and shall assess the landowner for any costs incurred.

J. During all hours of operation, every campground shall have an office in which shall be a person responsible for the operation of the campground.

K. All water facilities, sewage disposal systems, rest rooms, solid waste disposal and vector control shall be approved and maintained in accordance with the requirements of the Pennsylvania Department of Environmental Protection and the Chester County Health Department.

L. All lighting shall be arranged and shielded so that no glare or direct illumination shall be cast upon adjacent properties or public streets.

§ 27-410 Car Wash.

[Ord. No. 2015-01, 6/22/2015]

1. Within the (NCO, HC, and PD) Zones, car washes are permitted by special exception subject to the following criteria:

A. Public sewer and water facilities shall be utilized.

B. Each washing bay shall provide a one-hundred-foot long on-site stacking lane.

C. All structures housing washing apparatuses shall be set back 20 feet from any side lot line.

D. Trash receptacles shall be provided and emptied as often as necessary to prevent the scattering of litter.

E. The subject property shall front on an arterial or collector road as identified in § 27-316.

§ 27-411 Private Clubs.

[Ord. No. 2015-01, 6/22/2015]

1. Within the (C) Zone, private clubs are permitted by special exception subject to the following criteria:

A. All private clubs shall front and have access to an arterial or collector road as identified in § 27-316.

B. All buildings and parking areas shall be set back at least 75 feet from all property lines and all street lines. All buildings exceeding 3,000 square feet of ground floor area and all associated loading and parking areas and all outdoor activity areas and associated parking areas shall be set back at least 100 feet from all property lines and all street lines and shall be screened from public streets and adjoining residential uses and residentially zone properties.

C. All lighting shall be arranged and shielded so that no glare or direct illumination shall be cast upon adjacent properties or public streets, except at entrances as approved by the Board of Supervisors.

§ 27-412 Cluster Development (C and R-1 Zones).

[Ord. No. 2015-01, 6/22/2015]

1. Within the (C and R-1) Zones, cluster developments are permitted by conditional use subject to the following criteria:

A. Minimum site area: 15 acres.

B. Utilities. Each dwelling unit shall be connected to an approved public sewer and public water system.

C. Uses Permitted. A cluster development in a (C) Zone may only include single-family detached dwellings. A cluster development in an (R-1) Zone may include single-family detached, duplex and townhouse dwelling units or a combination of these units. In addition, open space and public and/or nonprofit recreation facilities may be provided.

D. Mixture of Dwelling Unit Types. Within the (R-1) Zone, no more than 60% of the total number of dwelling units shall be comprised of townhouse and/or duplex units.

E. Density Permitted. Cluster developments proposed within the (C) Zone shall maintain a maximum net density of one dwelling unit per acre. Cluster developments within the (R-1) Zone shall maintain a maximum overall net density of 2.8 dwelling units per acre.

F. Cluster Design Standards. The Cluster Design Standards Chart lists various design standards imposed upon the dwelling unit types permitted and contained upon their own lots.[1]

[1] Editor's Note: Said chart is included as an attachment to this chapter.

G. Maximum Length of Townhouse Grouping. No grouping may contain more than six townhouse units nor exceed an overall length of 150 feet. No more than 25% of the total number of townhouse groupings proposed within the cluster development shall contain more than four total units.

H. Townhouse Staggering. For each grouping of townhouses containing three or more units, no more than 2/3 of such units shall have the same front yard setback; no more than two contiguous units shall have the same front yard setback. The minimum difference in front yard setback shall be two feet. In no case shall the front yard setback be less than 38 feet. In addition, no more than two contiguous units shall have identical rooflines that generally parallel the ground along the same horizontal plane.

I. Standards for Condominium Developments. Cluster developments constructed upon common lands shall provide the following separation distance between each building/grouping:

(1) Front to front, rear to rear, or front to rear, parallel buildings shall have 70 feet between faces of the buildings. If the front or rear faces are obliquely aligned, the above distance may be decreased by as much as 10 feet at one end if increased by similar or greater distances at the other end.

(2) A yard space of 30 feet is required between end walls of buildings for each two-story building, plus five feet for each additional story. If the buildings are at right angles to each other, the distance between the corner of the end walls of the building may be reduced to a minimum of 20 feet.

(3) A yard space of 30 feet is required between end walls and front or rear faces of buildings for each two-story building, plus five feet for each additional story.

J. Residential Buffer Strip. All buildings within a cluster development shall be set back at least 50 feet from any adjoining land within a residential district. Such setback shall be used for a landscaped buffer strip to include a variety of vegetative materials including trees, shrubs and ground cover. For townhouse uses, a vegetative screen consisting of at least 85% evergreen trees in accordance with § 27-314, Subsections 3 and 4, shall be provided along any property line adjacent to existing single-family or twin dwellings or to a road which is external to the development.

K. At least 40% of the cluster development site shall be devoted to common open space.

(1) Density Incentive for Common Open Space. The maximum overall net density permitted in § 27-412, Subsection 1E, may be increased by 0.5 dwelling units per acre for each additional 10% points of common open space provided beyond 40% of the site, not to exceed an additional 1.0 dwelling units per acre. The following chart summarizes the incentive:

Maximum Net Density Incentive for Common Open Space [Dwelling Units (DU) per Acre]
	Common Open Space
Zone	40%	50%	60%
Conservation (C)	1.0	1.5	2.0
Residential (R-1)	2.8	3.3	3.8

(2) No more than 50% of the common open space requirement can be satisfied by slopes exceeding 25% and/or by riparian buffers.

(3) Required open space shall be designed and arranged to achieve at least two of the following objectives, and the applicant shall demonstrate those specific measures employed to achieve these objectives:

(a) Protection of important natural resources (e.g., streams, ponds, wetlands, steep slopes, woodlands, unique geologic features, wildlife habitats, aquifer recharge areas, etc.).

(b) Protection of important historical and/or archaeological sites.

(c) Provision of usable play and recreation areas that are conveniently accessible to residents within the cluster development including uses such as active and passive recreation and related structures (gazebos, picnic tables, benches, playground equipment, basketball courts, tennis courts, etc.), trails, meadows, etc.

(d) Integration of green belts throughout the cluster development that link residences with on-site or adjoining parks, schools or other similar features.

L. Open Space. An essential element of the cluster development application is a written description and plan for the disposition of ownership of common open space land designating those areas to be offered for dedication or to be owned by the specific form of organization proposed.

(1) The Board of Supervisors may, at any time and from time to time, accept the dedication of land or any interest therein for public use and maintenance, but the Board of Supervisors need not require, as a condition of the approval of a cluster development, that land proposed to be set aside from common open space be dedicated or made available to public use.

(2) Ownership and Maintenance of Common Open Space.

(a) In the event that common open space is not dedicated for public use, the landowner shall provide for and establish an organization for the ownership and maintenance of the common open space, and such organization shall not be dissolved nor shall it dispose of the common open space, by sale or otherwise (except to an organization conceived and established to own and maintain the common open space), except by dedication of the same to the public. In any case, the organization provided for the ownership of open space land, not dedicated for public use, shall be constituted of the property owners within the cluster development. The plan may provide that the property owners association may lease back open space lands to the developer, his heirs or assigns, or to any other qualified person, or corporation, for operation and maintenance of open space lands, but such a lease agreement shall provide:

1) The residents of the cluster development shall at all times have access to the open space land contained therein.

2) The operation of open space facilities may be for the use and benefit of the residents only, or may be open to the general public.

(b) The form of the lease shall be subject to the approval of the Board of Supervisors and that any transfer or assignment of the lease shall be further subject to the approval of the Board of Supervisors. Lease agreements so entered upon shall be recorded with the Recorder of Deeds of Chester County within 30 days of their execution and a copy of the recorded lease shall be filed with the Secretary of the Township.

(3) The plan to provide for the ownership and maintenance of common open space shall include:

(a) A complete description of the organization to be established for the ownership of open space, if any, and the methods by which this organization shall be established and maintained.

(b) A method reasonably designed to give adequate notice to property owners within the cluster development in the event of the sale or other disposition of common open space lands and in the event of assumption of the maintenance of common open space lands by the Township as hereinafter provided.

(4) In the event that the organization established to own and maintain common open space, or any successor organization, shall at any time after establishment of the cluster development fail to maintain the common open space in reasonable order and condition in accordance with the development, the Board of Supervisors may proceed to demand that the deficiencies of maintenance be corrected or that the Township will enter upon and maintain common open space. The Board of Supervisors shall serve written notice upon the property owners' association or trustees, as appropriate, setting forth the manner in which the association or trustees has failed to maintain the common open space in reasonable condition. The cost of such maintenance by the Township shall be assessed ratably against the properties within the cluster development that have a right of enjoyment of the common open space and shall become a lien on said properties. The Township, at the time of entering upon said common open space for the purpose of maintenance, shall file a notice of lien in the office of the Prothonotary of the County upon the properties affected by the lien within the cluster development.

M. Protection of Floodplain. All cluster developments shall comply with the official Floodplain Ordinance of Valley Township [Chapter 8].

N. Protection of Steep Slopes. In those areas of the subject property containing slopes that exceed 15%, no structure shall be erected that will unduly disturb existing grade and natural soil conditions. If a structure is proposed upon these steep slopes, a statement must be prepared by a registered architect or engineer as to the means used to overcome building foundation problems, the maintenance of the natural watershed and the prevention of soil erosion.

O. Protection of Natural Features. The finished topography of the site shall adequately facilitate the proposed development without excessive earthmoving, tree clearance and distinction of natural amenities. Natural features such as lakes, ponds, streams and wooded slopes shall be preserved and incorporated into the final landscaping of the development wherever possible and desirable. The applicant shall demonstrate the means whereby trees and other natural features shall be protected during construction. The location of such trees and other natural features must be considered when planning for open space, location of buildings, underground services, walks, paved areas, and finished grade levels.

P. Regardless of the ownership status (fee simple vs. condominium, etc.) of the lands within the cluster development, all features of the proposed cluster development shall conform to those standards listed in Part 6 of Chapter 22, Subdivision and Land Development.

Q. Each application shall include documentation as to why development of the subject property under the standards imposed within this section will result in a better development than would be possible according to the zone's permitted uses and standards.

§ 27-413 Cluster Development (R-2).

[Ord. No. 2015-01, 6/22/2015]

1. Within the (R-2) Zone, cluster developments are permitted by conditional use subject to the following criteria:

A. The minimum area devoted to a cluster development shall be 10 acres.

B. All units contained within a cluster development shall be served by public sewer and public water utilities.

C. Lot Design Requirements. See the Cluster Design Provisions table.[1]

[1] Editor's Note: Said table is included as an attachment to this chapter.

D. Residential Buffer Strip. All buildings within a cluster development shall be set back at least 50 feet from any adjoining land within a residential district. Such setback shall be used for a landscaped buffer strip to include a variety of vegetative materials including trees, shrubs and ground cover. For townhouse or multiple-family uses, a vegetative screen consisting of at least 85% evergreen trees in accordance with § 27-314, Subsections 3 and 4, shall be provided along any property line adjacent to existing single-family or twin dwellings or to a road which is external to the development.

E. At least 40% of the cluster development site shall be devoted to common open space.

(1) Density Incentive for Common Open Space. The maximum overall net density permitted in § 27-413, Subsection 1C, may be increased by 0.5 dwelling units per acre for each additional 10% points of common open space provided beyond 40% of the site, not to exceed an additional 1.0 dwelling units per acre. The following chart summarizes the incentive:

Maximum Net Density Incentive for Common Open Space (Dwelling Units (DU) per Acre)
	Common Open Space
Zone	40%	50%	60%
Residential (R-2)	5.5	6.0	6.5

(2) No more than 50% of the common open space requirements can be satisfied by slopes exceeding 25% and/or by riparian buffers.

(3) Required open space shall be designed and arranged to achieve at least two of the following objectives, and the applicant shall demonstrate those specific measures employed to achieve these objectives:

(a) Protection of important natural resources (e.g., streams, ponds, wetlands, steep slopes, woodlands, unique geologic features, wildlife habitats, aquifer recharge areas, etc.).

(b) Protection of important historical and/or archaeological sites.

(c) Provision of usable play and recreation areas that are conveniently accessible to residents within the cluster development, including uses such as active and passive recreation and related structures (gazebos, picnic tables, benches, playground equipment, basketball courts, tennis courts, etc.), trails, meadows, etc.

(d) Integration of green belts throughout the cluster development that link residences with on-site or adjoining parks, schools or other similar features.

F. An essential element of the cluster development application is a written description and plan for the disposition of ownership of common open space land designating those areas to be offered for dedication or to be owned by the specific form of organization proposed.

(1) The Board of Supervisors may, at any time and from time to time, accept the dedication of land or any interest therein for public use and maintenance, but the Board of Supervisors need not require, as a condition of the approval of a cluster development, that land proposed to be set aside for common open space be dedicated or made available to public use.

(2) Ownership and Maintenance of Common Open Space.

(a) In the event that common open space is not dedicated for public use, the landowner shall provide for and establish an organization for the ownership and maintenance of the common open space, and such organization shall not be dissolved, nor shall it dispose of the common open space, by sale or otherwise (except to an organization conceived and established to own and maintain the common open space), except by dedication of the same to the public. In any case, the organization provided for the ownership of open space land, not dedicated for public use, shall be constituted of the property owners within the cluster development. The plan may provide that the property owners association may lease back open space lands to the developer, his heirs or assigns, or to any other qualified person, or corporation, for operation and maintenance of open space lands, but such a lease agreement shall provide:

1) The residents of the cluster development shall at all times have access to the open space lands contained therein.

2) The operation of open space facilities may be for the use and benefit of the residents only, or may be open to the general public.

(b) The form of the lease shall be subject to the approval of the Board of Supervisors and that any transfer or assignment of the lease shall be further subject to the approval of the Board of Supervisors. Lease agreements so entered upon shall be recorded with the Recorder of Deeds of Chester County within 30 days of their execution, and a copy of the recorded lease shall be filed with the Secretary of the Township.

(3) The plan to provide for the ownership and maintenance of common open space shall include:

(a) A complete description of the organization to be established for the ownership of open space, if any, and the methods by which this organization shall be established and maintained.

(b) A method reasonably designed to give adequate notice to property owners within the cluster development in the event of the sale or other disposition of common open space lands, and in the event of assumption of the maintenance of common open space lands by the Township as hereinafter provided.

(4) In the event that the organization established to own and maintain common open space, or any successor organization, shall at any time after establishment of the cluster development fail to maintain the common open space in reasonable order and condition in accordance with the development, the Board of Supervisors may proceed to demand that the deficiencies of maintenance be corrected or that the Township will enter upon and maintain common open space. The Board of Supervisors shall serve written notice upon the property owners' association or trustees, as appropriate, setting forth the manner in which the association or trustees has failed to maintain the common open space in reasonable condition.

(5) The cost of such maintenance by the Township shall be assessed ratably against the properties within the cluster development that have a right of enjoyment of the common open space, and shall become a lien on said properties. The Township, at the time of entering upon said common open space for the purpose of maintenance, shall file a notice of lien in the office of the Prothonotary of the County upon the properties affected by the lien within the cluster development.

G. Protection of Floodplain. All cluster developments shall comply with the Official Floodplain Ordinance of Valley Township [Chapter 8].

H. Protection of Steep Slopes. In those areas of the subject property containing slopes that exceed 15%, no structure shall be erected that will unduly disturb existing grade and natural soil conditions. If a structure is proposed upon these steep slopes, a statement must be prepared by a registered architect or engineer as to the means used to overcome building foundation problems, the maintenance of the natural watershed, and the prevention of soil erosion.

I. Protection of Natural Features. The finished topography of the site shall adequately facilitate the proposed development without excessive earthmoving, tree clearance, and destruction of natural amenities. Natural features such as lakes, ponds, streams, and wooded slopes shall be preserved and incorporated into the final landscaping of the development wherever possible and desirable. The applicant shall demonstrate the means whereby trees and other natural features shall be protected during construction. The location of such trees and other natural features must be considered when planning the open space, location of buildings, underground services, walks, paved areas, and finished grade levels.

J. Regardless of the ownership status (fee simple vs. condominium, etc.) of the lands within the duster development, all features of the proposed cluster development shall conform to those standards listed in Part 6 of Chapter 22, Subdivision and Land Development.

K. Each application shall include documentation as to why development of the subject property under the standards imposed within this section will result in a better development than would be possible according to the zone's permitted uses and standards.

§ 27-414 Commercial Day-Care Facilities.

[Ord. No. 2015-01, 6/22/2015]

1. Within the (NCO and HC) Zones, commercial day-care facilities are permitted by special exception use subject to the following criteria:

A. Operators are responsible for obtaining and complying with all pertinent approval and license requirements from appropriate state, county, and other agencies, including but not limited to the Pennsylvania Department of Public Welfare or Department of Aging, and complying with applicable building, fire, and other applicable code requirements. The applicant shall have received and hold all pertinent approvals and licenses and shall provide evidence thereof, prior to issuance of a zoning permit by the Zoning Officer.

B. The minimum lot size for any day-care facility shall be based upon requirements of this section as well as off-street parking and buffering/landscaping requirements, but in no case shall be less than that stated as the minimum lot size of the applicable zoning district in which the facility is located.

C. Minimum indoor areas and outdoor play area requirements per child shall meet the most current Pennsylvania Department of Public Welfare requirements, and the applicant shall submit proof to the Township, prior to the issuing of permits, that these requirements have been met. In addition, an outdoor recreation area, where applicable, shall be in accordance with the following:

(1) The outdoor recreation area shall be located in a rear and/or side yard, be set back 10 feet from all property lines, and shall not include driveways, parking areas, or land unsuited by other uses or natural conditions for active recreation.

(2) The outdoor recreation area shall be enclosed by a fence suitable to restrict attendees to the play area, and fencing shall be a minimum of five feet in height and meet all applicable requirements of the Pennsylvania Department of Public Welfare as set forth in the Pennsylvania Code or otherwise.

(3) Any vegetative materials located within the outdoor play areas shall be of a nonharmful type (nonpoisonous, nonthorny, nonallergenic, etc.).

(4) All outdoor play areas must provide a means of shade such as a shade tree(s) or pavilion(s).

(5) The outdoor recreation area shall be on the same lot as the principal structure and be fully controlled by the operator of the facility.

(6) Outside play shall be limited to the hours of daylight.

D. Operation of all day-care facilities shall be limited to the hours between 6:00 a.m. and 9:00 p.m.

E. Parking and Drop-off Area Requirements.

(1) Off-street parking shall be provided in accordance with § 27-312 of this chapter and § 22-603 of Chapter 22, Subdivision and Land Development, and shall be so designed to prevent interference with traffic flow on any adjacent roadways.

(2) Passenger dropoff and pickup areas shall be provided on-site and shall be designed to eliminate the need for patrons to cross traffic lanes within or adjacent to the site and shall not be provided within parking aisles or lanes.

(3) Temporary parking and dropoff areas shall be in addition to and separate from required off-street parking spaces or aisles and shall be designated and maintained for the discharge and collection of attendees associated with the day-care use.

(4) Dropoff areas shall be marked by appropriate signs, pavement markings, or text.

F. Except as may otherwise be determined based upon Pennsylvania state laws or codes, enrollment shall be defined as the largest number of students and/or children under day-care supervision at any one time during a seven-day period.

§ 27-415 Indoor Recreation Facilities, Golf Courses and Active Recreation.

[Ord. No. 2015-01, 6/22/2015; as amended by Ord. No. 03-2023, 5/2/2023]

1. Within the (HC) Zone, indoor recreation facilities are permitted by conditional use subject to the following criteria (Subsection 1A through G); within the (RC) Zone, indoor recreation facilities and active recreation are permitted by conditional use subject to all the following criteria; within the (PD) Zone, indoor recreation facilities and active recreation are permitted by right subject to all the following criteria; and within the (R-1), (R-2) and (C) Zones, indoor recreation facilities, golf courses and active recreation are permitted by conditional use, subject to all the following criteria:

A. The subject property shall have frontage along an arterial or collector road, as identified in § 27-316, or, subject to the approval of the Board of Supervisors, a minor street as identified in Chapter 22, Subdivision and Land Development, that is located within 1,500 feet of an arterial or collector road.

B. Those uses involving extensive outdoor activities shall provide sufficient screening and/or landscaping measures to mitigate any visual and/or audible impacts on adjoining properties.

C. Any structures exceeding the maximum permitted height may be permitted so long as they are set back from all property lines at least the horizontal distance equal to their height, plus an additional 50 feet. Furthermore, such structures shall not be used for occupancy.

D. The applicant shall furnish evidence that the proposed use will not be detrimental to the use of adjoining properties due to hours of operation, noise, light, litter, dust and pollution.

E. Required parking will be determined based upon the types of activities proposed and the schedule listed in § 27-312. In addition, the Supervisors may require an unimproved grassed overflow parking area to be provided for peak-use periods. Such overflow parking areas shall be accessible only from the interior driveways of the permanent parking lot. Overflow parking areas shall contain fencing to prevent vehicles from crossing adjoining properties or directly accessing adjoining roads.

F. Any booths or other structures used for the collection of admission and/or parking fees shall be set back and arranged to prevent vehicle backups on adjoining roads during peak arrival periods. Any other collection of fees (roaming parking lot attendants) shall be conducted in a manner to prevent vehicle backups on adjoining roads. If, at any time after the opening of the commercial recreation facility, the Supervisors determine that traffic backups are occurring on adjoining roads, and such backups are directly related to the means of access to the subject property, the Supervisors can require the applicant to revise means of access to relieve the undue congestion.

G. Any outside pedestrian waiting lines shall be provided with a means of shade.

H. All buildings and parking areas shall be set back at least 75 feet from all property lines and all street lines. All buildings exceeding 3,000 square feet of ground floor area and associated loading and parking areas and all outdoor activity areas and associated parking areas shall be set back at least 100 feet from all property lines and all street lines and shall be screened from public streets and adjoining residential uses and residentially zoned properties.

I. All waste receptacles shall be completely enclosed. Dumpsters may be permitted within the side or rear yard, provided such dumpsters are screened from any adjoining roads or properties. All dumpsters shall be set back a minimum of 75 feet from any property line.

J. Stormwater management plans shall utilize on-site storage for irrigation, lawn sprinkling, etc., and groundwater recharge to the maximum extent as considered feasible by the Board of Supervisors.

K. Water supply proposed from one or more wells shall require a groundwater (hydrology) study and pumping drawdown tests on all proposed wells with observation of existing wells on all adjacent properties or within 500 feet of the proposed wells, whichever distance is greater.

L. All lighting shall be arranged and shielded so that no glare or direct illumination shall be cast upon adjacent properties or public streets except at entrances as approved by the Board of Supervisors.

§ 27-416 Wireless Communications Facilities.

[Ord. No. 2015-01, 6/22/2015]

1. Purposes and Findings of Fact.

A. The purpose of this section is to establish uniform standards for the siting, design, permitting, maintenance, and use of wireless communications facilities in Valley 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.

B. By enacting these provisions, the Township intends to:

(1) Accommodate the need for wireless communications facilities while regulating their location and number so as to ensure the provision for necessary services;

(2) 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;

(3) 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;

(4) Address new wireless technologies, including but not limited to, distributed antenna systems, data collection units, cable Wi-Fi and other wireless communications facilities;

(5) 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;

(6) Promote the health, safety and welfare of the Township's residents.

2. General and Specific Requirements for Non-Tower Wireless Communications Facilities.

A. The following regulations shall apply to all non-tower WCF:

(1) Permitted in All Zones Subject to Regulations. Non-tower WCF are permitted in all zones subject to the restrictions and conditions prescribed below and subject to applicable permitting by the Township.

(2) Nonconforming Wireless Support Structures. Non-tower WCF shall be permitted to co-locate upon nonconforming tower-based WCF and other nonconforming structures. Co-location of WCF upon existing tower-based WCF is encouraged even if the tower-based WCF is nonconforming as to use within a zoning district.

(3) 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.

(4) 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 Telecommunications Industry Association (ANSI/TIA-222, as amended).

(5) Aviation Safety. Non-tower WCF shall comply with all federal and state laws and regulations concerning aviation safety.

(6) Public Safety Communications. Non-tower WCF shall not interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.

(7) Radio Frequency Emissions. A non-tower WCF shall not, 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.

(8) 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 WCF or portions of WCF shall be removed as follows:

(a) All abandoned or unused WCFs and accessory facilities shall be removed within 60 days of the cessation of operations at the site unless a time extension is approved by the Township Board of Supervisors.

(b) If the WCF or accessory facility is not removed within 60 days 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. For each year that the WCF facility is in use, the WCF owner shall provide an annual written statement to the Township that such facility is in use.

(9) Timing of approval for applications that fall under the WBCA. 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 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 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 sixty-day review period. The timing requirements in this section shall only apply to proposed facilities that fall under the Pennsylvania Wireless Broadband Collocation Act[1] and all orders issued by the Federal Communications Commission.

[1] Editor's Note: See 53 P.S. § 11702.1 et seq.

(10) Insurance. Each person or entity who/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.

(11) Indemnification. Each person or entity who/that owns or operates a non-tower WCF shall, at his/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 or entity, its officers, agents, employees or contractors arising from, but not limited to, the construction, installation, operation, maintenance or removal of the non-tower WCF. Each person or entity who/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.

(12) Maintenance. To the extent permitted by law, the following maintenance requirements shall apply:

(a) The non-tower WCF shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair.

(b) 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.

(c) All maintenance activities shall utilize nothing less than the best available technology for preventing failures and accidents.

(13) Reservation of Rights. In accordance with applicable law and as set forth in more detail in subsequent design and development standards below, 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.

B. The following regulations shall apply to all collocated non-tower WCF that do not substantially change the physical dimensions of the wireless support structure to which they are attached and fall under the Pennsylvania Wireless Broadband Collocation Act:

(1) Permit required. WCF Applicants proposing the modification of an existing tower-based WCF shall obtain a building 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.

(2) 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 or $1,000, whichever is less.

C. The following regulations shall apply to all non-tower WCF that do substantially change the wireless support structure to which they are attached, or that otherwise do not fall under the Pennsylvania Wireless Broadband Collocation Act:

(1) Prohibited on Certain Structures. No non-tower WCF shall be located on single-family detached residential dwellings, single-family attached residential dwellings (i.e., duplexes, townhouses, and twins), or any residential accessory structure.

(2) Conditional Use Approval 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 conditional use approval from the Township. New constructions, modifications, and replacements that fall under the WBCA shall not be subject to the conditional use process. The conditional use application shall demonstrate that the proposed facility complies with all applicable provisions in the Valley Township Zoning Ordinance.

(3) Historic Buildings. No non-tower WCF may be located upon any property, or on a building or structure that is listed on either the list of National or Pennsylvania Registers of Historic Places or the official historic structures and/or historic districts list maintained by the Township, or that has been designated by the Township to be of historical significance, unless the WCF applicant receives approval by the Board of Supervisors and a written finding of no effect on historic resources by the Pennsylvania Historical and Museum Commission Bureau for Historic Preservation.

(4) 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 these WCF provisions. 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.

(5) 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. Any such fees shall be adopted, from time to time, by resolution of the Township's Board of Supervisors.

(6) Development Regulations. Non-tower WCF co-located on existing wireless support structures, such as existing buildings or tower-based WCF, shall be subject to the following conditions:

(a) The total height of any wireless support structure and mounted WCF shall not exceed 20 feet above the maximum height permitted in the underlying zoning district, unless the WCF applicant applies for, and subsequently obtains, a variance from the Valley Township Zoning Hearing Board.

(b) In accordance with industry standards, all non-tower WCF applicants must submit documentation to the Township justifying the total height of the non-tower WCF. Such documentation shall be analyzed in the context of such justification on an individual basis.

(c) 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.

(d) A security fence of not less 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.

(7) Design Regulations.

(a) Non-tower WCF 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 Board of Supervisors.

(b) Noncommercial Usage Exemption. Township residents or businesses utilizing satellite dishes and antennas for the purpose of maintaining television, phone, and/or internet connections at their respective residences or businesses shall be exempt from the design regulations enumerated in this section of the Zoning Ordinance.

(8) Removal, Replacement and Modification.

(a) The removal and replacement of non-tower WCF and/or accessory equipment for the purpose of upgrading or repairing the WCF is permitted, so long as such repair or upgrade does not substantially change the overall size of the WCF or the numbers of antennas.

(b) 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.

(9) 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.

D. Regulations Applicable to All Non-Tower WCF Located in Public Rights-of-Way. In addition to all applicable non-tower WCF provisions listed in this section, the following regulations shall apply to non-tower WCF located in the public rights-of-way:

(1) Co-Location. Non-tower WCF in the ROW shall be located or co-located on existing poles, such as existing utility poles or light poles. If co-location is not technologically feasible, the WCF applicant shall locate its non-tower WCF on existing poles or freestanding structures that do not already act as wireless support structures with the Township's approval.

(2) Design Requirements.

(a) WCF installations located above the surface grade in the public ROW including, but not limited to, those on streetlights and joint utility poles, shall be compatible in scale and proportion to the structures upon which they are mounted. The WCF applicant shall provide the Township with a written statement, signed by an engineer licensed in the Commonwealth of Pennsylvania, confirming that all equipment affiliated with, and connected to, the proposed WCF is the smallest and least visibly intrusive equipment feasible. The Township may waive such statement at its discretion.

(b) A structural engineer licensed in the Commonwealth of Pennsylvania shall provide a signed and sealed written certification to the Township of the structural integrity of the structure to which the non-tower WCF in the ROW is mounted to accommodate the WCF.

(c) Antenna 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.

(3) Time, Place and Manner. The Township shall determine the time, place and manner of construction, maintenance, repair and/or removal of all non-tower WCF 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.

(4) 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:

(a) 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.

(b) 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 Board of Supervisors.

(c) Required electrical meter cabinets shall be screened to blend in with the surrounding area to the satisfaction of the Township Board of Supervisors.

(d) Any graffiti on any wireless support structures or any related equipment shall be removed at the sole expense of the owner within 15 days following written notice from the Township.

(e) Any proposed underground vault related to non-tower WCF shall be reviewed and approved by the Township.

(5) 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, shall have determined that such removal, relocation, change or alteration is reasonably necessary under the following circumstances:

(a) The construction, repair, maintenance or installation of any Township or other public improvement in the right-of-way;

(b) The operations of the Township or other governmental entity in the right-of-way;

(c) Vacation of a street or road or the release of a utility easement; or

(d) An emergency as determined by the Township.

3. General and Specific Requirements for All Tower-Based Wireless Communications Facilities.

A. The following regulations shall apply to all tower-based wireless communications facilities:

(1) 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.

(2) 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.

(3) Conditional Use Approval Required. Tower-based WCF are permitted in certain zoning districts by conditional use 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.

(a) Prior to the Board of Supervisor's approval of a conditional use for the construction and installation of 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 of Supervisors that the WCF applicant cannot adequately extend or infill its communications system by the use of equipment such as redoes, 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 it is proposed in order to serve the WCF applicant's service area and that no other viable alternative location exists.

(b) 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.

(c) The conditional use application shall be accompanied by documentation demonstrating that the proposed tower-based WCF complies with all state and federal laws and regulations concerning aviation safety.

(d) Where the tower-based WCF is located on a property with another principal use, the WCF applicant shall present documentation to the Board of Supervisors that the owner of the property has granted an easement for the proposed WCF and that vehicular access will be provided to the facility. The easement(s) for the proposed WCF and vehicular access shall be executed by all parties concerned, recorded with the Chester County Office of the Recorder of Deeds, and filed with the Township.

(e) The conditional use application shall also be accompanied by documentation demonstrating that the proposed tower-based WCF complies with all applicable provisions in this section.

(4) 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 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. This certification shall be provided during the conditional use hearing(s) or at a minimum be made as a condition attached to any approval given such that the certification be provided prior to issuance of any building permits.

(5) Visual Appearance and Land Use Compatibility. Tower-based WCF shall employ stealth technology, which may include the tower portion to be painted a color approved by the Board of Supervisors, or 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 to blend with the existing surroundings and neighboring buildings to the greatest extent possible. The Board of Supervisors shall consider whether its decision upon the subject application 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.

(6) Co-Location and Siting. An application for a new tower-based WCF shall demonstrate that the proposed tower-based WCF cannot be accommodated on an existing or approved structure or building, or sited on land owned by Valley Township. The Board of Supervisors 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. The WCF applicant shall demonstrate that it contacted the owners of tall structures, buildings, and towers within a one-quarter-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:

(a) 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.

(b) 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.

(c) 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.

(d) A commercially reasonable agreement could not be reached with the owner of such building, structure, or tower.

(7) 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, which increases the overall height of such WCF, shall first obtain a permit from the Township. Nonroutine modifications shall be prohibited without a permit.

(8) Gap in Coverage. A WCF applicant for a tower-based WCF must demonstrate that a significant gap in wireless coverage or capacity 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 WCF.

(9) Additional Antennas. As a condition of approval for all tower-based WCF, 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 WCF 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.

(10) 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 Telecommunications Industry Association (ANSI/EIA/TIA-222), as amended.

(11) Height. Any tower-based WCF shall be designed at the minimum functional height. The maximum total height of a tower-based WCF, which is not located in the public ROW, shall not exceed 200 feet, as measured vertically from the ground level to the highest point on the structure, including antennas and subsequent alterations.

(12) Public Safety Communications. No tower-based WCF shall interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.

(13) Maintenance. The following maintenance requirements shall apply:

(a) Any tower-based WCF shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair.

(b) Such maintenance shall be performed to ensure the upkeep of the WCF in order to promote the safety and security of the Township's residents, and utilize the best available technology for preventing failures and accidents.

(14) Radio Frequency Emissions. A tower-based WCF shall not, 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.

(15) Historic Buildings or Districts. A tower-based WCF shall not be located upon a property, and/or on a building or structure that is listed on either the National or Pennsylvania Registers of Historic Places or the official historic structures and/or historic districts list maintained by the Township or that has been designated by the Township to be of historical significance, unless the WCF applicant receives approval by the Board of Supervisors and receives a written finding of no effect on historic resources by the Pennsylvania Historical and Museum Commission Bureau for Historic Preservation.

(16) 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.

(17) Lighting. No tower-based WCF shall be artificially lighted, except as required by law. If lighting is required, 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.

(18) Noise. Tower-based WCF 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.

(19) Aviation Safety. Tower-based WCF shall comply with all federal and state laws and regulations concerning aviation safety.

(20) Retention of Experts. The Township may hire any consultant and/or expert 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 these provisions. 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.

(21) 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 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. 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 one-hundred-fifty-day review period.

(22) Nonconforming Uses. Nonconforming tower-based WCF 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 section. The co-location of non-tower WCF upon nonconforming structures shall be permitted.

(23) Removal. In the event that use of a tower-based WCF is planned to be 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 WCF or portions of WCF shall be removed as follows:

(a) All unused or abandoned tower-based WCFs and accessory facilities shall be removed within 90 days of the cessation of operations at the site unless a time extension is approved by the Township.

(b) If the WCF and/or accessory facility is not removed within 90 days 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.

(c) Any unused portions of tower-based WCF, including antennas, shall be removed within 90 days of the time of cessation of operations. The Township must approve all replacements of portions of a tower-based WCF previously removed. For each year that the WCF facility is in use, the WCF owner shall provide an annual written statement to the Township that such facility is in use.

(24) Permit Fees. The Township may assess appropriate and reasonable permit fees, as may from time to time be adopted by resolution of the Township Board of Supervisors, 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.

(25) FCC License. Each person or entity who/that owns or operates a tower-based WCF over 40 feet in height shall submit a copy of its current FCC license, including the name, address, and emergency telephone number for the operator of the facility.

(26) 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 are not limited to visual impact, design, and safety standards.

(27) Insurance. Each person or entity who/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 or entity who/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.

(28) Indemnification. Each person or entity who/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 or entity who/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 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.

(29) Engineer Signature. All plans and drawings for a tower-based WCF shall contain a seal and signature of a professional structural engineer, licensed in the Commonwealth of Pennsylvania.

(30) Financial Security. Prior to receipt of a building permit for the construction or placement of a tower-based WCF, the WCF applicant shall provide to the Township financial security in an amount equal to 110% of the estimated cost to remove the WCF in its entirety. Said financial security shall remain in place until the tower-based WCF is removed.

B. The following regulations shall apply to tower-based wireless communications facilities located outside the public rights-of-way:

(1) Development Regulations.

(a) Tower-based WCF are permitted outside the public rights-of-way in the following zoning districts by conditional use:

1) (C) Conservation.

2) (I) Industrial.

3) (PD) Planned Development.

(b) 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. The minimum distance between the base of a tower-based WCF and any adjoining property line or street right-of-way line shall equal 100% of the proposed WCF structure height.

(c) Combination 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:

1) The existing use on the property must be a permitted use in the applicable district, and need not be affiliated with the WCF.

2) Minimum Lot Area. The minimum lot area 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.

3) 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 to the proposed WCF structure height. Where the site on which a tower-based WCF is proposed to be located is contiguous to an educational use, child day-care facility or residential use, the minimum distance between the base of a tower-based WCF and any such adjoining uses shall equal 110% of the proposed height of the tower-based WCF unless it is demonstrated to the reasonable satisfaction of the Board of Supervisors 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 uses and their occupants.

(2) Design Regulations.

(a) The 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 Board of Supervisors.

(b) To the extent permissible by law, any height extensions to an existing tower-based WCF shall require prior approval of the Township Board of Supervisors.

(c) Any proposed tower-based WCF shall be designed structurally, electrically, and in all respects to accommodate both the WCF applicant's antennas and comparable antennas for future users.

(d) Any tower-based WCF over 40 feet in height shall be equipped with an anti-climbing device, as approved by the manufacturer.

(3) Surrounding Environs.

(a) 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.

(b) The WCF applicant shall submit a soil report to the Township complying with the standards of Appendix I: Geotechnical Investigations, ANSI/EIA-222, as amended, to document and verify the design specifications of the foundation of the tower-based WCF, and anchors for guy wires, if used.

(4) Fence/Screen.

(a) A security fence having a minimum 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.

(b) Landscaping shall be required to screen as much of a newly constructed tower-based WCF as possible. The Board of Supervisors may permit any combination of existing vegetation, topography, walls, decorative fences or other features instead of landscaping, if, in the discretion of the Board of Supervisors, they achieve the same degree of screening. Existing vegetation shall be preserved to the maximum extent possible.

(5) Accessory Equipment.

(a) 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.

(b) 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.

(6) Access Drive.

(a) An access drive, turnaround space and parking shall be provided to ensure adequate emergency and service access to tower-based WCF.

(b) Maximum use of existing streets and access drives, whether public or private, shall be made to the extent practicable. If vehicular access to the WCF will be provided via private street or shared access drive, the WCF owner shall obtain an access easement from the property owner(s) that is executed by all parties concerned, recorded with the Chester County Officer of the Recorder of Deeds, and filed with the Township.

(c) Street and access drive grades shall closely follow natural contours to assure minimal visual disturbance and minimize soil erosion. The access drive shall be a minimum 12 feet wide and may be constructed of concrete or bituminous paving materials, grass pavers, or other dust-free material suitable to the Board of Supervisors. Access drives shall comply with all other requirements in § 27-311 of this chapter.

(7) Parking. For each tower-based WCF greater than 40 feet in height, there shall be a minimum of two off-street parking spaces.

(8) 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.

C. The following regulations shall apply to tower-based wireless communications facilities located in the public rights-of-way:

(1) Location and development standards.

(a) Tower-based WCF 40 feet or shorter in height are prohibited in areas in which utilities are located underground.

(b) Tower-based WCF 40 feet or shorter in height shall not be located in the front facade area of any structure.

(c) Proposed tower-based WCF 40 feet or shorter in height shall only be located along collector roads and arterial roads, as identified in § 27-316, throughout the Township where public utilities are above ground, regardless of the underlying zoning district and provided that they are not situated within 50 feet of an area in which utilities are underground. Such facilities shall be subject to the Township's conditional use approval process.

(2) Time, Place and Manner. The Township shall determine the time, place and manner of construction, maintenance, repair and/or removal of all tower-based WCF 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.

(3) Equipment Location. Tower-based WCF 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:

(a) In no case shall ground-mounted related equipment, walls, or landscaping be located within 18 inches of the face of the curb.

(b) 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.

(c) Required electrical meter cabinets shall the screened to blend in with the surrounding area to the satisfaction of the Township Board of Supervisors.

(d) Any graffiti on the tower or on any related equipment shall be removed at the sole expense of the owner.

(e) Any underground vaults related to tower-based WCFs shall be reviewed and approved by the Township.

(4) Design Regulations.

(a) The 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 Board of Supervisors.

(b) Tower-based WCF in the public ROW shall not exceed 40 feet in height.

(c) To the extent permissible under state and federal law, any height extensions to an existing tower-based WCF shall require prior approval of the Township, and shall not increase the overall height of the tower-based WCF to more than 40 feet.

(d) Any proposed tower-based WCF shall be designed structurally, electrically, and in all respects to accommodate both the WCF applicant's antennas and comparable antennas for future users.

(5) 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 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:

(a) The construction, repair, maintenance or installation of any Township or other public improvement in the right-of-way;

(b) The operations of the Township or other governmental entity in the right-of-way;

(c) Vacation of a street or road or the release of a utility easement; or

(d) An emergency as determined by the Township.

(6) Reimbursement for ROW Use. In addition to permit fees as described in this section, every tower-based 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. 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.

§ 27-417 Convenience Commercial Center.

[Ord. No. 2015-01, 6/22/2015]

1. Within the (I and PD) Zones, convenience commercial centers are permitted by conditional use subject to the following criteria:

A. A convenience commercial center may only be established in an I or PD Zone that contains at least 150 contiguous acres of I and/or PD zoned tracts. Only one convenience commercial center may be established per 150 contiguous acres.

B. A convenience commercial center shall include a combination of at least three of the following uses:

(1) Convenience grocery and/or dairy stores.

(2) Pharmacies and/or drugstores.

(3) Dry cleaner store branches (not including on-site cleaning).

(4) Restaurants including fast-food facilities.

(5) Filling stations (including attached accessory service and/or repair facilities).

(6) Barbers and beauty salons.

(7) Photocopying stores.

(8) Banks and other similar financial institutions.

(9) Retail sales of stationery, office supplies.

(10) Photographic studios.

C. A convenience commercial center shall not exceed two acres in size.

D. All buildings, structures, parking lots, off-street loading areas, signs, dumpsters and access drive associated with a convenience commercial center shall be set back at least 100 feet and screened from any adjoining residential uses and residentially zoned properties.

E. Convenience commercial centers shall be linked to the surrounding (I or PD) Zones development by safe and convenient walkways.

F. No more than two access drives shall provide vehicular access to a convenience commercial center.

G. Only one freestanding sign shall be permitted within a convenience commercial center. Such freestanding sign shall not exceed 30 square feet in size. Such sign shall be set back at least 10 feet from all property lines and at least five feet from street right-of-way lines. Individual on-premises commercial signs are also permitted for each business within the convenience commercial center subject to the provisions of § 27-315 of this chapter.

H. All convenience commercial centers shall be functionally and visually integrated with shared parking, vehicular access, signage and landscaping.

I. Neither building nor structure shall exceed a total height of 25 feet.

J. All other requirements of the underlying zoning district shall apply to convenience commercial centers.

§ 27-418 Fast-Food Restaurant.

[Ord. No. 2015-01, 6/22/2015]

1. Within the (HC, RC, and PD) Zones, fast-food restaurants are permitted by conditional use subject to the following criteria:

A. The subject property shall front on an arterial or collector road, as identified in § 27-316.

B. Exterior trash receptacles shall be provided and routinely emptied so to prevent the scattering of litter. All applications shall include a description of a working plan for the cleanup of litter.

C. Any exterior speaker/microphone system shall be arranged and/or screened to prevent objectionable noise impact on adjoining properties.

D. No part of the restaurant building shall be located within 200 feet of any residentially zoned land.

§ 27-419 Dry Cleaners, Laundries and Laundromats.

[Ord. No. 2015-01, 6/22/2015]

1. Within the (NCO) Zone, dry cleaners, laundries and laundromats are permitted by special exception subject to the following criteria:

A. Public sewer and water shall be used.

B. All activities shall be conducted within a completely enclosed building.

C. During operation or plant cleanup and maintenance, all windows and doors on walls facing adjoining residential zones shall be kept closed.

D. Any exhaust ventilation equipment shall be directed away from adjoining residentially zoned property.

E. Self-service laundromats shall require one off-street parking space for each two washing machines; other laundry-related uses shall provide one off-street parking space for each 400 square feet of gross floor area.

§ 27-420 Family and Home Child Day-Care Facilities.

[Ord. No. 2015-01, 6/22/2015]

1. Within the (R-1 and R-2) Zones, family and home child day-care facilities are permitted within detached dwellings by special exception subject to the following criteria:

A. Operators are responsible for obtaining and complying with all pertinent approval and license requirements from appropriate state, county, and other agencies including but not limited to the Pennsylvania Department of Public Welfare or Department of Aging, and compliance with applicable building, fire, and other applicable code requirements. The applicant shall have received and hold all pertinent approvals and licenses and shall provide evidence thereof, prior to issuing of a zoning permit by the Zoning Officer.

B. The minimum lot size for any day-care facility shall be based upon requirements of this section as well as off-street parking and buffering/landscaping requirements, but in no case shall the lot size be less than the minimum lot size of the applicable zoning district in which the facility is located.

C. Minimum indoor areas and outdoor play area requirements per child shall meet the most current Pennsylvania Department of Public Welfare requirements, and the applicant shall submit proof to the Township, prior to the issuing of permits, that these requirements have been met. In addition, an outdoor recreation area, where applicable, shall be in accordance with the following:

(1) The outdoor recreation area shall be located in a rear and/or side yard, be set back 10 feet from all property lines, and shall not include driveways, parking areas, or land unsuited by other uses or natural conditions for active recreation.

(2) The outdoor recreation area shall be enclosed by a fence suitable to restrict attendees to the play area, and fencing shall be a minimum of five feet in height and meet all applicable requirements of the Pennsylvania Department of Public Welfare as set forth in the Pennsylvania Code or otherwise.

(3) The outdoor recreation area shall be visibly screened from adjacent properties and streets.

(4) Any vegetative materials located within the outdoor play areas shall be of a nonharmful type (nonpoisonous, nonthorny, nonallergenic, etc.).

(5) All outdoor play areas must provide a means of shade such as a shade tree(s) or pavilion(s).

(6) The outdoor recreation shall be on the same lot as the principal structure and fully controlled by the operator of the facility.

(7) Outside play shall be limited to the hours of daylight.

D. Operation of all day-care facilities shall be limited to the hours between 6:00 a.m. and 9:00 p.m.

§ 27-421 Flea Markets.

[Ord. No. 2015-01, 6/22/2015]

1. Within the (HC) Zone, flea markets are permitted by special exception subject to the following criteria:

A. The retail sales area shall be considered to be that of the smallest rectangle, or other regular geometric shape which encompasses all display stands, booths, tables or stalls, plus any adjoining aisles and/or walkways from which consumers can inspect items for sale. The retail sales area shall include all indoor and/or outdoor areas as listed above.

B. The retail sales area shall be set back at least 50 feet from all property lines and shall be calculated as part of the maximum permitted lot coverage, regardless of its surface treatment.

C. Off-street parking shall be provided at the rate of one space per each 200 square feet of retail sales area, and shall be designed and used in accordance with § 27-312 of this chapter.

D. Off-street loading shall be provided at the rate similar to that imposed on retail sales as listed in § 27-313 of this chapter. The retail sales area, as described above, shall be used to calculate needed loading space(s).

E. All outdoor display and sales of merchandise shall cease no less than one hour prior to dusk.

F. Any exterior amplified public address system shall be arranged and designed so as to prevent objectionable impact on adjoining properties.

G. Exterior trash receptacles shall be provided amid any outdoor retail sales area. Such trash receptacles shall be routinely emptied so as to prevent the scattering of litter and debris. All applications shall include a description of a working plan for the cleanup of litter.

§ 27-422 Funeral Homes.

[Ord. No. 2015-01, 6/22/2015]

1. Within the (NCO) Zone, funeral homes are permitted by special exception subject to the following criteria:

A. Public sewer and water facilities shall be utilized.

B. Sufficient off-street parking shall be provided to prevent traffic backups onto adjoining roads.

§ 27-423 Health and Recreation Club.

[Ord. No. 2015-01, 6/22/2015]

1. Within the (HC and RC) Zones, health and recreation clubs are permitted by conditional use subject to the following criteria:

A. Off-street parking shall be provided as required by the combination of elements comprising the health club, including accessory uses.

B. All outdoor recreation facilities shall be set back at least 50 feet from the street right-of-way line, 100 feet from any residentially zoned properties, and 25 feet from all other lot lines.

C. Any accessory eating or retail use shall not be directly accessible without passing through the main clubhouse building.

D. All lighting of outdoor recreation areas shall be arranged to prevent glare on adjoining properties and streets.

§ 27-424 Heavy Equipment Sales, Service, Rental, and/or Repair Facilities.

[Ord. No. 2015-01, 6/22/2015]

1. Within the (I) Zone, heavy equipment sales, service, rental, and/or repair service facilities are permitted by conditional use subject to the following criteria:

A. All service and/or repair activities shall be conducted within a wholly enclosed building.

B. All uses involving drive-through service shall provide sufficient on-site stacking lanes to prevent vehicle backups on adjoining roads.

C. All exterior storage and/or display areas shall be screened from adjoining residentially zoned properties. All exterior storage/display areas shall be set back at least 50 feet from adjoining street lines and shall be covered in an all-weather dust-free surface.

D. The storage of junked vehicles, boats, machinery, trucks, trailers, mobile homes and heavy equipment vehicles on the property is prohibited.

E. Any ventilation equipment outlets associated with the service/repair work area(s) shall not be directly towards any adjoining residentially zoned property.

F. All vehicles shall be repaired and removed promptly from the premises.

§ 27-425 Heavy Industrial Uses.

[Ord. No. 2015-01, 6/22/2015]

1. Within the (I) Zone, heavy industrial uses are permitted by conditional use subject to the following criteria.

2. The applicant shall provide a detailed description of the proposed use in each of the following topics:

A. The nature of the on-site processing operations, the materials used in the process, the products produced, and the generation and methods for disposal of any by-products. In addition, the applicant shall furnish evidence that the disposal of materials will be accomplished in a manner that complies with state and federal regulations.

B. The general scale of the operation in terms of its market area, specific floor space requirements for each step of the industrial process, the total number of employees on each shift and an overall needed site size.

C. Any environmental impacts that are likely to be generated (e.g., noise, smoke, dust, litter, glare, vibration, electrical disturbance, wastewater, stormwater, solid waste, etc.) and specific measures employed to mitigate or eliminate any negative impacts. The applicant shall further furnish evidence that the impacts generated by the proposed use fall within acceptable levels as regulated by applicable laws and ordinances.

D. A traffic study prepared by a professional traffic engineer with the following minimum considerations:

(1) A description of the traffic impact area (TIA) including its major roads and potential traffic generation rates to be determined by current land use planning references.

(2) Existing twenty-four hour and peak-hour traffic volume data for all streets which provide direct access to the proposed development and for the collectors and arterials which will serve it, as well as any in major intersection within the impact area.

(3) Estimates of the total number of vehicle trips to be generated by the development for a typical twenty-four-hour period, and including typical a.m. and p.m. peak periods.

(4) Assignment of future twenty-four-hour and peak-hour volumes to the collectors and arterials, and other streets that will serve the proposed development based on the projections of increased traffic volumes within the traffic impact area, to be determined by an extrapolation of former development trends; and, the amounts of usable area already planned and/or zoned within the traffic impact area. Any previously approved projects within the TIA that have not yet been occupied should also be factored in these future traffic volume projections.

(5) Projected twenty-four-hour and peak-hour turning movement data for all access points proposed for the development.

(6) Capacity/level of service analysis on major intersections which will be impacted by the additional volumes generated by the development.

(7) Recent data about existing accident levels at the above intersections categorized by accident type for each intersection.

(8) Descriptions of the street improvements that will be required in order to avoid problems of traffic congestions and traffic safety.

(9) Cost estimates of any proposed improvements that will be required.

(10) Descriptions of existing and planned public transportation services in the Township and the potential to serve the proposed development.

(11) Descriptions of any actions proposed or offered by the applicant to alleviate the impact of the proposed development on the transportation network.

(12) The source of standards used in the data as presented.

(13) The applicant shall make any improvements necessary to maintain an adequate level of service on all abutting intersections and streets.

(14) If the traffic study shows that adequate levels of service are maintained on all abutting intersections and streets without developer-provided improvements, the applicant shall contribute funds to provide for capital improvements to the abutting streets and intersections within the immediate area based upon the increase in traffic projected as a result of the development, and the cost of reasonably necessary improvements to the abutting streets and intersections within the immediate area, including traffic signals.

§ 27-426 (Reserved)

§ 27-427 Home Occupation.

[Ord. No. 2015-01, 6/22/2015]

1. Home occupations are permitted by special exception as an accessory use to a single-family detached dwelling subject to the following criteria:

A. No more than two nonresident employees shall be employed on site.

B. Such occupations shall be incidental or secondary to the use of the property as a residence and are limited to those occupations customarily conducted within a dwelling unit.

C. Three off-street parking spaces in addition to those required of residence units shall be required. Such parking spaces shall be screened from adjoining properties in accordance with § 27-314, Subsection 3. Screening for home occupations shall be evergreens (trees, hedges, or shrubs); however, fencing may also be permitted for screening if approved by the Zoning Hearing Board.

D. No goods shall be visible from the outside of the dwelling.

E. The area used for the practice of a home occupation shall occupy no more than 25% of the total floor area of the dwelling unit or 500 square feet, whichever is less. All home occupation activities shall be conducted within the dwelling building unless the Zoning Hearing Board determines that the proposed use can be conducted within an existing outbuilding without creating a nuisance to adjoining properties. However, in the (R-1) Zone, all home occupations must be confined to the principal dwelling building.

F. No manufacturing, repairing or other mechanical work shall be performed in any open area. Such activity shall be conducted in such a way that no noise, odor, vibration, electromagnetic interference or smoke shall be noticeable at or beyond the property line.

G. No external storage of materials or products shall be permitted. No storage in accessory structures or attached garages shall be permitted.

H. The exterior appearance of the structure or premises is constructed and maintained as a residential dwelling.

I. One nonilluminated sign, not to exceed two square feet in display area per side, shall be permitted subject to the provisions of § 27-315 of this chapter.

§ 27-428 Hospital.

[Ord. No. 2015-01, 6/22/2015]

1. Within the (RC) Zone, hospitals are permitted by conditional use subject to the following criteria:

A. Minimum lot area: five acres.

B. Public sewer and water shall be used.

C. The subject property shall have frontage along an arterial or collector road, as identified in § 27-316.

D. All buildings and structures shall be set back at least 50 feet from all property lines.

E. Emergency entrances shall be located on a building wall facing away from adjoining residentially zoned properties.

F. The applicant shall demonstrate proof of an approved means of disposal of all solid, medical and hazardous wastes.

§ 27-429 Hotels Including Related Dining Facilities.

[Ord. No. 2015-01, 6/22/2015]

1. Within the (RC) Zone, hotels including related dining facilities are permitted by conditional use subject to the following criteria:

A. The following accessory uses may be approved as part of the hotel and related facilities application:

(1) Auditorium.

(2) Barber and beauty shops.

(3) Cocktail lounge or nightclub.

(4) Gift shop.

(5) Meeting facilities.

(6) Recreational uses and swimming pools.

(7) Restaurants.

(8) Sauna, spa or steam room.

(9) Solarium.

(10) Valet shop.

(11) Other similar retail sales and personal services.

B. The above accessory uses (aside from outdoor recreation uses) shall be physically attached to the main hotel building except as provided in § 27-429, Subsection 1D below.

C. All hotels shall be separated by at least 1,000 feet from any other existing hotel facility, as measured from the nearest property line.

D. In the RC Zone, one freestanding restaurant, tavern or nightclub shall be permitted on the same lot as the principal hotel and related facilities subject to the following:

(1) The proposed restaurant, tavern or nightclub shall offer the preparation and serving of food and drink to be consumed on the premises; no drive-through or takeout services shall be permitted.

(2) No additional freestanding signs (other than those permitted for the principal hotel and related facilities use) shall be permitted.

(3) If a nightclub is proposed, the applicant shall furnish evidence as to what means assure that the proposed nightclub will not constitute a nuisance to adjoining uses (including hotel) by way of noise, litter, loitering and hours of operation.

(4) Sufficient off-street parking spaces have been provided and located to conveniently serve the freestanding restaurant, tavern and/or nightclub, without interfering with required off-street parking associated with the hotel and related facilities use.

§ 27-430 Junkyard.

[Ord. No. 2015-01, 6/22/2015]

1. Within the (I) Zone, junkyards are permitted by conditional use subject to the following criteria:

A. Minimum lot area: 10 acres.

B. The outdoor area devoted to the storage of junk shall be completely enclosed by an eight-foot-high sight-tight (visibly screened) fence which shall be set back at least 50 feet from all property lines and 100 feet from residentially zoned properties.

C. The setback area between the fence and the lot lines shall be kept free of weeds and all scrub growth.

D. All wholly enclosed buildings used to store junk shall be set back at least 50 feet from all property lines.

E. No material may be stored or stacked so that it is visible from adjoining properties and roads.

F. All additional federal and state laws shall be satisfied.

G. All junk shall be stored or arranged so as to permit access by firefighting equipment and to prevent the accumulation of water, and with no junk piled to a height greater than eight feet.

H. No oil, grease, tires, gasoline or other similar material shall be burned at any time.

I. Any junkyard shall be maintained in such a manner as to cause no public or private nuisance, nor to cause any offensive or noxious sounds or odors, nor to cause the breeding or harboring of rats, flies or other vectors.

J. No junkyard shall be located on land with a slope in excess of 5%.

§ 27-431 Medical Residential Campus.

[Ord. No. 2015-01, 6/22/2015]

1. Within the (R-2) Zone, medical residential campuses are permitted by conditional use subject to the following criteria:

A. The campus shall primarily serve the needs of retirement-aged persons. At least one resident of each household shall be at least 50 years old, or possess some handicap that can be treated within a setting like the medical residential campus.

B. The campus shall achieve a balanced residential/medical environment which cannot be achieved through the use of conventional zoning techniques.

C. Residences shall be functionally, physically and architecturally integrated with medical service and recreational activity centers.

D. Commercial, medical and recreational uses shall be grouped together and located near the populations being served.

E. The minimum land area devoted to the campus shall be 25 contiguous acres.

F. The site shall front on and have access to a collector or arterial road as identified in § 27-316.

G. All buildings or structures containing nonresidential use(s), off-street parking lots and loading areas shall be set back at least 75 feet from all adjoining residentially zoned land and 50 feet from all lot lines of the campus property.

H. The maximum permitted overall density is 10 dwelling units per acre.

I. All buildings or structures used solely for residential purposes shall be set back at least 50 feet from all lot lines of the campus property.

J. The maximum permitted height is 35 feet.

K. No more than 60% of the subject property shall be covered with buildings, parking and loading areas and/or other impervious surfaces.

L. Each off-street parking lot shall provide at least 20% of the total parking spaces as those designed for the physically handicapped. (See § 27-312 for design regulations.) Furthermore, such parking spaces shall be located throughout the campus in such a manner to be conveniently accessible to the buildings/uses for which they are required.

M. Only those uses which provide a harmonious, balanced mix of medical, residential, limited commercial and recreational uses, primarily serving campus residents and public, quasi-public and medical services for the off-campus retirement-aged community will be permitted. Uses may include, but need not be limited to the following:

(1) Dwelling, nursing homes and congregate living facilities for the elderly or physically handicapped.

(2) Medical facilities, including offices, laboratories, clinics, professional or paramedical training centers and ambulatory care facilities.

(3) Commercial uses which are strictly related and subordinate to the residential/medical character of the campus and which directly serve the residents and employees of, or visitors to, the center. The uses should be chosen to reflect their local orientation to the immediate campus vicinity and should be of a size and scope so as not to interfere with existing or proposed retail uses located in the off-campus area.

(4) Recreational and social uses, such as athletic facilities, community centers and assembly halls, limited to use only by campus residents, employees or visitors.

N. The applicant shall furnish a description of the effect of the proposed use on the delivery of ambulance service. This description shall include a letter from the agency responsible for ambulance service in the site's vicinity. Such letter shall describe the adequacy/inadequacy of existing facilities and services to accommodate the proposed use, and any suggestions that might enhance ambulance service. Should it be determined that the proposed use would overburden local ambulance service, the Township may attach conditions of approval that seek to assure adequate levels of service.

§ 27-432 Mini-warehouses.

[Ord. No. 2015-01, 6/22/2015]

1. Within the (HC) Zone, mini-warehouses are permitted by special exception subject to the following criteria:

A. Off-street parking spaces shall be provided according to the schedule listed in § 27-312 of this chapter.

B. Parking shall be provided by parking/driving lanes adjacent to the buildings. These lanes shall be at least 26 feet wide when cubicles open onto one side of the lane only and at least 30 feet wide when cubicles open onto both sides of the lane.

C. Required parking spaces may not be rented as, or used for, vehicular storage. However, additional external storage area may be provided for the storage of privately owned travel trailers and/or boats, so long as such external storage area is screened from adjoining residentially zoned land and adjoining roads, and is located behind the minimum front yard setback line. This provision shall not be interpreted to permit the storage of partially dismantled, wrecked or inoperative vehicles.

D. All storage shall be kept within an enclosed building, except that the storage of flammable, highly combustible, explosive or hazardous chemicals shall be prohibited. Any fuel tanks and/or machinery or other apparatuses relying upon such fuels shall be stored only in an external storage area as described above.

E. A resident manager must be provided who shall be responsible for maintaining the operation of the facility in conformance with the conditions of approval and all applicable ordinances. The actual dwelling of the resident manager shall comply with all of those requirements listed within the R-2 Zone, and shall be entitled to all residential accessory uses provided in this chapter.

F. Because of the danger from fire or explosion caused by the accumulation of vapors from gasoline, diesel fuel, paint, paint remover and other flammable materials, the repair, construction, or reconstruction of any boat, engine, motor vehicle or furniture is prohibited.

G. No door openings for any mini-warehouse storage unit shall be constructed facing any residentially zoned property.

H. Mini-warehouses shall be used solely for the storage of property. The following lists examples of uses expressly prohibited upon the site:

(1) Auctions, commercial wholesale or retail sales or garage sales.

(2) The servicing, repair or fabrication of motor vehicles, boats, trailers, lawn mowers, appliances or other similar equipment.

(3) The operation of power tools, spray-painting equipment, table saws, lathes, compressors, welding equipment, kilns or other similar equipment.

(4) The establishment of a transfer and storage business.

(5) Any use that is noxious or offensive because of odors, dust, noise, fumes or vibrations.

2. The applicant shall adequately demonstrate that all mini-warehouse rental and/or use contracts shall specifically prohibit these uses.

§ 27-433 Mobile Home Parks.

[Ord. No. 2015-01, 6/22/2015]

1. Within the (R-2) Zone, mobile home parks are permitted by conditional use subject to the following criteria:

A. The minimum parcel size for any mobile home park development shall be 15 acres.

B. The maximum number of mobile home units shall be limited to 5 1/2 per net acre.

C. Each mobile home lot shall contain a minimum of 4,800 square feet and shall have a minimum lot width of 35 feet.

D. No mobile home lot shall be within 50 feet of a park boundary, nor within 50 feet of an outside street right-of-way. This area shall constitute the mobile home park boundary area.

E. No mobile home, office or service building shall be located within 50 feet of a park boundary; nor within 75 feet of an outside street right-of- way; nor within 10 feet of the right-of-way of an interior park street or the paved edge of a common parking area or common walkway; nor within 25 feet of an adjacent structure or mobile home.

F. Each mobile home shall have a minimum front yard of 30 feet, rear yard of 25 feet, and two sides of 10 feet each. In no case shall the distance between any two mobile homes be less than 20 feet.

G. A paved on-site walkway of a minimum width of three feet shall be provided to each mobile home unit from an adjacent street.

H. There shall be a common walk system four feet wide throughout the development.

I. All roads in the park shall be private access drives, shall be lighted, and shall be paved with a bituminous or concrete surface at least 24 feet wide.

J. Each mobile home lot shall abut on a park access drive with access to such access drive. Access to all mobile home lots shall not be from public streets or highways.

K. Each mobile home space shall contain no more than one mobile home, nor more than one family.

L. At least 20% of the total mobile home park area shall be set aside for recreation and open space purposes. Such area may not include any of the required mobile home park boundary area. No service buildings or offices may be constructed within the required recreation and open space area. No more than 30% of the common open space requirements can be satisfied by slopes exceeding 25% and/or by wetlands. At least 5% of the total mobile home park area shall consist of playground area with play equipment and shall have final slopes not exceeding 5%.

M. Each mobile home stand shall have attachments for waste disposal, water supply facilities and electrical service, and such facilities shall be properly connected to an approved method of sewage disposal, and water and electrical supply.

N. Protective skirting shall be placed around the area between the ground surface and the floor level of each mobile home so as to prevent that area from forming a harborage for rodents, creating a fire hazard or exposing unsightly conditions.

O. No travel or vacation trailer or other form of temporary living unit shall be placed upon any mobile home stand or used as a dwelling within the mobile home park.

P. Individual mobile home owners may install accessory or storage sheds, extensions and additions to mobile homes and exterior patio areas. Any such facilities so installed shall not intrude into any required minimum front, side or rear yard, and in every case shall substantially conform in style, quality and color to the existing mobile homes.

Q. Each mobile home shall be provided with a minimum of two paved parking spaces which shall be located on the mobile home space. If on-street parking is not provided, one additional off-street parking space per unit shall be provided in a common visitor parking compound. Such visitor parking compounds shall be sized, arranged and located so that the spaces are within 300 feet walking distance to those units served.

R. Each mobile home shall be placed on a six-inch-thick poured concrete pad over a six-inch stone base, the length and width of which shall be at least equal to the length and width of the mobile home it is to support.

S. All mobile home parks shall be screened from adjoining properties and roads. Screening methods shall be described and graphically depicted as part of the conditional use application.

T. All mobile home parks shall be connected to approved public water and sewer systems.

U. The maximum height of any mobile home or any building within a mobile home park shall be 15 feet.

§ 27-434 Nightclubs.

[Ord. No. 2015-01, 6/22/2015]

1. Within the (RC and I) Zones nightclubs are permitted by conditional use subject to the following criteria:

A. No part of the subject property shall be located within 200 feet of any residentially zoned land.

B. The applicant shall furnish evidence that the proposed use will not be detrimental to the use of adjoining properties due to hours of operation, light and/or litter.

C. The applicant shall furnish evidence as to how the use will be controlled as to not constitute a nuisance due to noise or loitering outside the building.

D. A working plan for the cleanup of litter shall be furnished and implemented by the applicant.

§ 27-435 Noncommercial Keeping of Livestock.

[Ord. No. 2015-01, 6/22/2015]

1. Within the (C) Zone, noncommercial keeping of livestock is permitted by special exception as an accessory use to a single-family detached dwelling subject to the following criteria.

2. Minimum Lot Area:

A. Three acres; additionally, the following list specifies additional area requirements by size of animals kept:

(1) Group 1. Animals whose average adult weight is less than 10 pounds shall be permitted at an animal density of 12 per acre with a maximum number of 50 animals.

(2) Group 2. Animals whose average adult weight is between 20 and 65 pounds shall be permitted at an animal density of two per acre, with a maximum number of 20 animals.

(3) Group 3. Animals whose average adult weight is greater than 65 pounds shall be permitted at an animal density of one per acre, with a maximum number of five animals.

B. The keeping of a combination of animal types (Group 1, 2, and 3) shall require an animal density equal to the ratio of the numbers of animals, by type. In no case shall a lot contain more than 50 total animals. Should one structure be used to house a combination of animal types, the most restrictive setback shall apply.

3. The following lists minimum setbacks (from all property lines) imposed upon the placement of any structure used to house noncommercial livestock:

A. Group 1 Animals.

(1) Up to 25 animals, twenty-five-foot setback.

(2) Above 25 animals, a fifty-foot setback.

B. Group 2 Animals.

(1) Up to two animals, a fifty-foot setback.

(2) Above two animals, a one-hundred-foot setback.

C. Group 3 Animals.

(1) One hundred feet.

4. All structures used to house noncommercial livestock shall be prohibited from placement in the front yard.

5. All outdoor pasture/recreation areas shall be enclosed with fencing to prevent the escape of the animals; such fencing must be set back at least 10 feet from all property lines.

6. All animal waste shall be properly stored and disposed of, so as not to be objectionable at the site's property line. All animals, their housing and their outdoor pasture/recreation areas shall be properly maintained so as not to become a nuisance to adjoining properties.

§ 27-436 Nursing, Rest or Retirement Home.

[Ord. No. 2015-01, 6/22/2015]

1. Within the (R-2) Zone, nursing, rest or retirement homes are permitted by special exception subject to the following criteria:

A. Minimum lot area: one acre, and further provided that no more than 10 resident patients or resident guests shall be permitted per acre of lot area.

B. The applicant shall furnish evidence than an approved means of sewage disposal and water supply shall be utilized.

C. Off-street parking lots and loading areas shall be screened from adjoining residentially zoned lands.

D. At least 20% of required parking spaces shall be designed for handicapped persons as prescribed in § 27-312 of this chapter.

§ 27-437 (Reserved)

§ 27-438 Quarries and other Extractive-Related Uses.

[Ord. No. 2015-01, 6/22/2015]

1. Within the (I) Zone, quarries and other extractive-related uses are permitted by conditional use subject to the following criteria.

2. General. Quarry operations:

A. May not substantially injure or detract from the lawful existing or permitted use of neighboring properties.

B. May not adversely affect any public or private water supply source.

C. May not adversely affect the logical, efficient and economical extensions of public services, facilities and utilities throughout the Township.

D. May not create any significant damage to the health, safety, welfare of the Township and its residents and property owners.

E. May not result in the land area subject to quarrying being placed in a condition which will prevent the use of that land for economically and ecologically productive uses upon completion of the quarry operation.

F. Must demonstrate compliance with all applicable state regulations at all times.

3. Site Plan Requirements. As a part of each application, the application shall furnish an accurately surveyed site plan on a scale no less than 1:2400, showing the location of the tract or tracts of land to be affected by the operation. The surveyed site plan shall be certified by a registered professional engineer or a registered professional land surveyor with assistance from experts in related fields and shall include the following:

A. The boundaries of the proposed land affected, together with the drainage area above and below the area.

B. The location and names of all streams, roads, railroads and utility lines on or immediately adjacent to the area.

C. The location of all buildings within 1,000 feet of the outer perimeter of the area affected and the names and addresses of the owners and present occupants.

D. The purpose for which each building is used.

E. The name of the owner of the affected area and the names of adjacent landowners, the municipality and the county.

4. Minimum lot area: 50 acres.

5. Fencing. A fence measuring at least eight feet in height must enclose the area of actual quarrying. If a chain-link fence is used, then said fence shall include a vegetative screen that is provided along the outside of the fence, away from the quarry.

6. Setbacks. The Minimum Setbacks for Quarry and Extractive-Related Uses Table identifies minimum setbacks imposed upon specific features of the quarry and other extractive-related uses from adjoining and/or nearby uses.[1]

[1] Editor's Note: Said table is included as an attachment to this chapter.

7. Access. Vehicular access shall be so arranged as to minimize danger and congestion along adjoining roads and to avoid the creation of nuisances to nearby properties. Access drives used by trucks shall only intersect with collector or arterial roads, as identified in § 27-316.

A. All access drives shall be designed and located so as to permit the following minimum sight distances measured from a point at least 10 feet behind the curbline or edge of cartway of an intersecting public street. No sight obstructions shall be permitted which are greater than three feet or less than 10 feet above the street surface.

Speed Limitation on Public Street (mph)	Required Sight Distance (feet)
25	240
30	275
35	315
40	350
45	425
50	475
55	550

B. All access drives serving the site shall have a paved minimum thirty-five-foot-wide cartway for a distance of at least 200 feet from the intersecting street right-of-way line. In addition, a fifty-foot-long gravel section of access drive should be placed just beyond the preceding two-hundred-foot paved section to help collect any mud that may have attached to a vehicle's wheels.

C. In general, access drives shall have intersect public streets at 90° as site conditions permit; however, in no case shall access drives intersect public streets at less than 70°. Said angle shall be measured from the center line of the street to the center line of the access drive.

8. Traffic Impact. The applicant shall furnish a traffic study prepared by a professional traffic engineer with the following minimum considerations:

A. A description of the traffic impact area (TIA) including its major roads and potential traffic generation rates to be determined by current land use planning references.

B. Existing twenty-four-hour and peak-hour traffic volume data for all streets which provide direct access to the proposed development and for the collectors and arterials which will serve it, as well as any major intersection within the impact area.

C. Estimates of the total number of vehicle trips to be generated by the development for a typical twenty-four-hour period, and including a typical a.m. and p.m. peak period.

D. Assignment of future twenty-four-hour and peak-hour volumes to the collectors and arterials, and other streets that will serve the proposed use based on the projections of increased traffic volumes within the traffic impact area, to be determined by an extrapolation of former development trends; and, the amounts of usable area already planned and/or zoned within the traffic impact area. Any previously approved projects within the TIA that have not yet been occupied should also be factored in these future traffic volume projections.

E. Projected twenty-four-hour and peak-hour turning movement data for all access points for the proposed use.

F. Capacity/level of service analysis on major intersections which will be impacted by the additional volumes generated by the proposed use.

G. Recent data about existing accident levels at the above intersections categorized by accident type for each intersection.

H. Descriptions of the street improvements that will be required in order to avoid problems of traffic congestion and traffic safety.

I. Cost estimates of any proposed improvement that will be required.

J. Descriptions of any actions proposed or offered by the applicant to alleviate the impact of the proposed use on the transportation network.

K. The source of standards used in the data as presented.

L. The applicant shall make any improvements necessary to maintain an adequate level of service on all abutting intersections and streets.

M. If the traffic study shows that adequate levels of service are maintained on all abutting intersections and streets without applicant-provided improvements, the applicant shall contribute funds to provide for capital improvements to the abutting streets and intersections within the immediate area based upon the increase in traffic projected as a result of the proposed use and the cost of reasonably necessary improvements to the abutting streets and intersections within the immediate area including traffic signals.

9. Reclamation. The applicant shall demonstrate compliance with § 7(c) of the Pennsylvania Act No. 1984-219, as may be amended.[2] The applicant shall provide a detailed description of the proposed use of the site, once reclamation has been completed, including a description of any zoning and/or subdivision approvals or remedies that would be necessary to accommodate the proposed use. Finally, the applicant shall provide written notification to the Township, within 30 days, whenever a change in the reclamation plan is proposed to the PA DEP.

[2] Editor's Note: See 52 P.S. § 3307(c).

10. Screening. Where the proposed use adjoins a residential zone, an existing residence and/or a public road, screening shall be provided. Such screening shall be comprised of an earthen berm at least 10 feet in height. Such berm shall be located on the quarry site and placed so as to maximize the berm's ability to absorb and/or block views of and/or noise, dust, smoke, etc., generated by the proposed use. The berm shall be completely covered and maintained in an approved vegetative ground cover. In addition, a landscape screen shall also be provided atop the above-described berm. The landscape screen shall consist of evergreen shrubs and trees arranged to form both a low-level and a high-level screen within a strip of land with a minimum width of 10 feet. The high-level screen shall consist of evergreen trees of not less than three feet in height at the time of planting that shall be planted at intervals of not more than five feet. The landscape screen shall be permanently maintained.

11. Operation Progress Report. Within 90 days after commencement of surface mining operations, and each year thereafter, the operator shall file an operations and progress report with the Zoning Officer setting forth all of the following:

A. The name or number of the operation.

B. The location of the operation with reference to the nearest public road.

C. A description of the tract or tracts, including a site plan showing the location of all improvements, stockpiles, quarry pits, etc.

D. The name and address of the landowner or his duly authorized representative.

E. An annual report of the type and quantity of mineral produced.

F. The current status of the reclamation work performed in pursuance of the approved reclamation plan.

G. A maintenance report for the site that verifies that all required fencing, berming and screening has been specifically inspected for needed repairs and/or maintenance and that such needed repairs and/or maintenance has been performed.

H. Verification that the proposed use continues to comply with all applicable state regulations. The operation shall furnish copies of any approved permits and/or any notices of violation issued by the Pennsylvania Department of Environmental Protection.

§ 27-439 Recycling Stations for Paper, Glass and Metal Products.

[Ord. No. 2015-01, 6/22/2015]

1. Within the (I) Zone, recycling of paper, glass and metal products is permitted by conditional use subject to the following criteria:

A. All operations, including collection, shall be conducted within a wholly enclosed building.

B. There shall be no outdoor storage of materials used, or generated, by the operation.

C. The applicant shall explain the scope of operation, and any measures used to mitigate problems associated with noise, fumes, dust and litter.

D. The applicant shall assure regular maintenance of the site to assure the immediate collection of stray debris.

§ 27-440 Shopping Centers.

[Ord. No. 2015-01, 6/22/2015]

1. Within the (HC and RC) Zones, shopping centers may be permitted by conditional use subject to the following:

A. The subject property shall front on an arterial or collector road, as identified in § 27-316.

B. The minimum lot size shall be three acres in the HC Zone and 10 acres in the RC Zone.

C. The minimum lot width shall be 200 feet.

D. A minimum of 5.5 off-street parking spaces shall be provided for each 1,000 square feet of gross leasable floor area. This parking requirement is also subject to the permitted reduction described in § 27-312 of this chapter.

E. Both public sewer and public water shall be utilized.

F. Maximum building coverage: 25%.

G. Maximum lot coverage: 65%.

H. Minimum landscaped area: 35%.

I. Signs. Freestanding and ground sign(s) shall be in accordance with § 27-315, Subsection 5B, of this chapter. In addition, individual uses within the shopping center may have signs; however, such signs shall be wall, projecting or window signs in accordance with § 27-315 of this chapter.

J. The applicant shall furnish a traffic study prepared by a professional traffic engineer with the following minimum considerations:

(1) A description of the traffic impact area (TIA), including its major roads and potential traffic-generation rates to be determined by current land use planning references.

(2) Existing twenty-four-hour and peak-hour traffic volume data for all streets which provide direct access to the proposed development and for the collectors and arterials which will serve it, as well as any major intersections within the impact area.

(3) Estimates of the total number of vehicle trips to be generated by the development for a typical twenty-four-hour period, and including typical a.m. and p.m. peak periods.

(4) Assignment of future twenty-four-hour and peak-hour volumes to the collectors and arterials, and other streets that will serve the proposed development based on the projections of increased traffic volumes within the traffic impact area, to be determined by an extrapolation of former development trends; and, the amounts of usable area already planned and/or zoned within the traffic impact area. Any previously approved projects within the TIA that have not yet been occupied should also be factored in these future traffic volume projections.

(5) Projected twenty-four-hour and peak-hour turning movement data for all access points proposed for the development.

(6) Capacity/level of service analysis on major intersections which will be impacted by the additional volumes generated by the development.

(7) Recent data about existing accident levels at the above intersections categorized by accident type for each intersection.

(8) Descriptions of the street improvements that will be required in order to avoid problems of traffic congestions and traffic safety.

(9) Cost estimates of any proposed improvements that will be required.

(10) Descriptions of existing and planned public transportation services in the Township and the potential to serve the proposed development.

(11) Descriptions of any actions proposed or offered by the applicant to alleviate the impact of the proposed development on the transportation network.

(12) The source of standards used in the data as presented.

(13) The applicant shall make any improvements necessary to maintain an adequate level of service on all abutting intersections and streets.

(14) If the traffic study shows that adequate levels of service are maintained on all abutting intersections and streets without developer-provided improvements, that applicant shall contribute funds to provide for capital improvements to the abutting streets and intersections within the immediate area based upon the increase in traffic projected as a result of the development and the cost of reasonably necessary improvements to the abutting streets and intersections within the immediate area, including traffic signals.

K. Fast-food restaurants may be provided within an enclosed shopping center or mall building(s), but the fast-food restaurant shall not be a standalone building on the property.

§ 27-441 Solid Waste Disposal and Processing Facilities.

[Ord. No. 2015-01, 6/22/2015]

1. Within the (I) Zone, solid waste disposal and processing facilities are permitted by conditional use subject to the following criteria:

A. Any processing of solid waste (including but not limited to incineration, composting, shredding, compaction, material separation, refuse derived fuel, pyrolysis, etc.) shall be conducted within a wholly enclosed building.

B. No refuse shall be deposited or stored and no building or structure shall be located within 200 feet of any property line and 500 feet of any land within a residential zone.

C. Any area used for the unloading, transfer, storage, processing, incineration or deposition of refuse must be completely screened from view at the property line. (The use of an earthen berm is encouraged where practicable.) In addition, such areas must also be completely enclosed by an eight-foot-high fence with no openings greater than two inches in any direction.

D. The applicant must demonstrate compliance (through a written statement) and continue to comply with all applicable state and federal standards and regulations.

E. The use shall be screened from all roads and adjoining properties.

F. All uses shall provide sufficiently long stacking lanes into the facility so that vehicles waiting to be weighed will not back up onto public roads.

G. All driveways onto the site shall be paved for a distance of at least 200 feet from the street right-of-way line. In addition, a fifty-foot-long gravel section of driveway should be placed just beyond the preceding two-hundred-foot paved section to help collect any mud that hay have attached to a vehicle's wheels.

H. Access to the site shall be limited to those posted times when an attendant is on duty. In order to protect against the indiscriminate and unauthorized dumping, all areas of the site shall be protected by locked barricades, fences, gates or other positive means designed to deny access to the area at unauthorized times or locations.

I. Hazardous waste as described by the Department of Environmental Protection shall not be disposed of within the proposed area.

J. Litter control shall be exercised to prevent the scattering of wind-borne debris and a working plan for the cleanup of litter shall be submitted to the Township.

K. The unloading, processing, transfer and deposition of solid waste shall be continuously supervised by a qualified facility operator.

L. Any waste that cannot be used in any disposal process or material that is to be recycled, shall be stored in leak- and vector-proof containers. Such containers shall be designed to prevent their being carried by wind or water. These containers shall be stored within a completely enclosed building.

M. All storage of solid waste shall be indoors in a manner that is leak- and vector-proof. During normal operation, no more solid waste shall be stored on the property that is needed to keep the facility in constant operation; but, in no event for more than 72 hours.

N. A contingency plan for the disposal of solid waste during a facility shut down shall be submitted to the Township.

O. Leachate from the solid waste shall be disposed of in a manner in compliance with any applicable state and federal laws or regulations. Leachate is to be discharged to a municipal sewage facility; appropriate permits shall be obtained from the applicable agencies and authorities. In no event shall leachate be disposed of in a storm sewer, to the ground, or in any other manner inconsistent with the Department of Environmental Protection's regulations.

P. All structures shall be set back at least a distance equal to their height.

Q. The applicant shall submit an analysis of raw water needs (groundwater or surface water) from either private or public sources, indicating quantity of water required. If the source is from a municipal system, the applicant shall submit documentation that the public authority will supply the water needed. In addition, a water feasibility study will be provided to enable the Township to evaluate the impact of the proposed development on the ground water supply and on existing wells. The purpose of the study will be to determine if there is an adequate supply of water for the proposed development and to estimate the impact of the new development on existing wells in the vicinity. The water feasibility shall be reviewed by the Township Engineer. A water system which does not provide an adequate supply of water for the proposed development, considering both quantity and quality, or does not provide for adequate groundwater recharge considering the water withdrawn by the proposed development shall not be approved by the Township. A water feasibility study shall include the following information:

(1) Calculations of the projected water needs.

(2) A geologic map of the area with a radius of at least one mile from the site.

(3) The location of all existing and proposed wells within 1,000 feet of the site, with a notation of the capacity of all high-yield wells.

(4) The location of all existing on-lot sewage disposal systems within 1,000 feet of the site.

(5) The location of all streams within 1,000 feet of the site and all known point sources of pollution.

(6) Based on the geologic formation(s) underlying the site, the long-term safe yield shall be determined.

(7) A determination of the effects of the proposed water supply system on the quantity and quality of water in nearby wells, streams and the groundwater table.

(8) A statement of the qualifications and the signature(s) of the person(s) preparing the study.

R. The applicant shall provide an analysis of the physical conditions of the primary road system serving the proposed use. The analysis shall include information on the current traffic flows on this road system and projections of traffic generated by the proposed use. Improvements to the road shall be provided by the applicant to insure safe turning movements to and from the site and safe through movement on the existing road.

S. A minimum one-hundred-foot wide landscape strip shall be located along all property lines. No structures, storage, parking or any other related activity or operation shall be permitted within this landscape strip. Any fences or walls erected on the site must not be located within this landscape strip.

§ 27-442 Spent Mushroom Compost Processing and/or Commercial Mushroom Operations.

[Ord. No. 2015-01, 6/22/2015]

1. Within the (I) Zone, spent mushroom compost processing and/or commercial mushroom operations are permitted by conditional use subject to the following criteria:

A. Any processing, loading, storage and packaging operations must be conducted within a wholly, enclosed building that is leakproof and vector-proof.

B. The applicant must demonstrate compliance (through a written statement) and continue to comply with all applicable state and federal standards and regulations.

C. The use shall be screened from all roads and adjoining properties.

D. All uses shall provide sufficiently long stacking lanes into the facility so that vehicles waiting to be weighed or loaded/unloaded will not back up onto public roads.

E. All driveways onto the site must be paved for a distance of at least 100 feet from the street right-of-way line. In addition, a fifty-foot-long gravel section of driveway should be placed just beyond the preceding one-hundred-foot paved section to help collect any mud that may have attached to a vehicle's wheels.

F. The unloading, processing and transfer of spent mushroom compost shall be continuously supervised by a qualified facility operator.

G. Leachate from the spent mushroom compost shall be disposed of in a manner in compliance with any applicable state and federal laws or regulations. If leachate is to be discharged to a municipal sewage facility, appropriate permits shall be obtained from the applicable agencies and authorities. In no event shall leachate be disposed of in a storm sewer, to the ground, or in any other manner inconsistent with the Department of Environmental Protection's regulations.

H. The applicant shall submit an analysis of raw water needs (groundwater or surface water) from either private or public sources, indicating quantity of water required. If the source is from a municipal system, the applicant shall submit documentation that the public authority will supply the water needed. In addition, a water feasibility study will be provided to enable the Township to evaluate the impact of the proposed development on the groundwater supply and on existing wells. The purpose of the study will be to determine if there is an adequate supply of water for the proposed development and to estimate the impact of the new development on existing wells in the vicinity. The water feasibility shall be reviewed by the Township Engineer. A water system which does not provide an adequate supply of water for the proposed development, considering both quantity and quality, or does not provide for adequate groundwater recharge considering the water withdrawn by the proposed development shall not be approved by the Township. A water feasibility study shall include the following information:

(1) Calculations of the projected water needs.

(2) A geologic map of the area with a radius of at least one mile from the site.

(3) The location of all existing and proposed wells within 1,000 feet of the site and all known point sources of pollution.

(4) Based on the geologic formation(s) underlying the site, the long-term safe yield shall be determined.

(5) A determination of the effects of the proposed water supply system on the quantity and quality of water in nearby wells, streams and the groundwater table.

(6) A statement of the qualifications and the signature(s) of the person(s) preparing the study.

I. A minimum one-hundred-foot-wide landscape strip shall be located along all property lines. No structures, storage, parking or any other related activity or operation shall be permitted within this landscape strip. Any fences or other screening erected on the site must not be located within this landscape strip.

J. The applicant shall provide an analysis of the physical conditions of the primary road system serving the proposed use. The analysis shall include information on the current traffic flows on this road system and projections of traffic generated by the proposed use. Improvements to the road shall be provided by the applicant to insure safe turning movements to and from the site and safe through movement on the existing road.

K. Any structure used for the storage, loading, processing and/or packaging of spent mushroom compost shall be set back at least 100 feet from all property lines and 500 feet from any residentially zoned properties. In addition, any ventilation outlets must be oriented away from any land within an adjoining residential zone.

§ 27-443 Truck or Motor Freight Terminal.

[Ord. No. 2015-01, 6/22/2015]

1. Within the (I) Zone, truck or motor freight terminals are permitted by conditional use subject to the following criteria:

A. Access shall be via an arterial road, as identified in § 27-316.

B. The applicant shall provide a traffic study prepared by a professional traffic engineer with the following minimum considerations:

(1) A description of the traffic impact area (TIA) including its major roads and potential traffic generation rates to be determined by current land use planning references.

(2) Existing twenty-four-hour and peak-hour traffic volume data for all streets which provide direct access to the proposed development and for the collectors and arterials which will serve it, as well as any major intersection within the impact area.

(3) Estimates of the total number of vehicle trips to be generated by the development for a typical twenty-four-hour period and including typical a.m. and p.m. peak periods.

(4) Assignment of future twenty-four-hour and peak-hour volumes to the collectors and arterials and other streets that will serve the proposed development based on the projections of increased traffic volumes within the traffic impact area to be determined by an extrapolation of former development trends and the amounts of usable area already planned and/or zoned within the traffic impact area. Any previously approved projects within the TIA that have not yet been occupied should also be factored in these future traffic volume projections.

(5) Projected twenty-four-hour and peak-hour turning movement data for all access points proposed for the development.

(6) Capacity/level of service analysis on major intersections which will be impacted by the additional volumes generated by the development.

(7) Recent data about existing accident levels at the above intersections categorized by accident type for each intersection.

(8) Descriptions of the street improvements that will be required in order to avoid problems of traffic congestion and traffic safety.

(9) Cost estimates of any proposed improvements that will be required.

(10) Descriptions of existing and planned public transportation services in the Township and the potential to serve the proposed development.

(11) Descriptions of any actions proposed or offered by the applicant to alleviate the impact of the proposed development on the transportation network.

(12) The source of standards used in the data as presented.

(13) The applicant shall make any improvements necessary to maintain an adequate level of service on all abutting intersections and streets.

(14) If the traffic study shows that adequate levels of service are maintained on all abutting intersections and streets without developer-provided improvements, the applicant shall contribute funds to provide for capital improvements to the abutting streets and intersections within the immediate area based upon the increase in traffic projected as a result of the development, and the cost of reasonably necessary improvements to the abutting streets and intersections within the immediate area, including traffic signals.

§ 27-444 Two-Family Conversions.

[Ord. No. 2015-01, 6/22/2015]

1. Within the (C, R-1 and R-2) Zones, a detached single-family dwelling may be converted into two dwelling units by special exception subject to the following:

A. Minimum lot area: one acre.

B. The applicant shall furnish evidence that an approved system of water supply and sewage disposal will be utilized.

C. No modifications to the external appearance of the building (except fire escapes) which would alter its residential character shall be permitted.

D. All floors above grade shall have direct means of escape to ground level.

E. Four off-street parking spaces shall be provided.

§ 27-445 Warehousing and Wholesale Trade Establishments.

[Ord. No. 2015-01, 6/22/2015; as amended by Ord. No. 03-2023, 5/2/2023]

1. Within the (I) Zone, warehousing and wholesale trade establishments are permitted by conditional use subject to the following criteria, and, within the PD Zone, warehousing and wholesale establishments are permitted by right subject to the following criteria.

2. The applicant shall provide a detailed description of the proposed use in each of the following topics:

A. The nature of the on-site activities and operations, the types of materials stored, the frequency of distribution and restocking, the duration period of storage of materials and the methods for disposal of any surplus or damaged materials. In addition, the applicant shall furnish evidence that the disposal of materials will be accomplished in a manner that complies with state and federal regulations.

B. The general scale of the operation in terms of its market area, specific floor space requirements for each activity, the total number of employees on each shift and an overall needed site size.

C. Any environmental impacts that are likely to be generated (e.g., noise, smoke, dust, litter, glare, vibration, electrical disturbance, wastewater, stormwater, solid waste, etc.) and specific measures employed to mitigate or eliminate any negative impacts. The applicant shall further furnish evidence that the impacts generated by the proposed use fall within acceptable levels as regulated by applicable laws and ordinances.

D. A traffic study prepared by a professional traffic engineer with the following minimum considerations:

(1) A description of the traffic impact area (TIA), including its major roads and potential traffic generation rates to be determined by current references.

(2) Existing twenty-four-hour and peak-hour traffic volume data for all streets which provide direct access to the proposed development and for the collectors and arterials which will serve it, as well as any major intersections within the impact area.

(3) Estimates of the total number of vehicle trips to be generated by the development for a typical twenty-four-hour period and including typical a.m. and p.m. peak periods.

(4) Assignment of future twenty-four-hour and peak-hour volumes to the collectors and arterials and other streets that will serve the proposed development based on the projections of increased traffic volumes within the traffic impact area to be determined by an extrapolation of former development trends and the amount of usable area already planned and/or zoned within the traffic impact area. Any previously approved projects within the TIA that have not yet been occupied should also be factored in these future traffic volume projections.

(5) Projected twenty-four-hour and peak-hour turning movement data for all access points proposed for the development.

(6) Capacity/level of service analysis on major intersections which will be impacted by the additional volumes generated by the development.

(7) Recent data about existing accident levels at the above intersections categorized by accident type for each intersection.

(8) Descriptions of the street improvements that will be required in order to avoid problems of traffic congestion and traffic safety.

(9) Cost estimates of any proposed improvements that will be required.

(10) Descriptions of existing and planned public transportation services in the Township and the potential to serve the proposed development.

(11) Descriptions of any actions proposed or offered by the applicant to alleviate the impact of the proposed development on the transportation network.

(12) The source of standards used in the data as presented.

(13) The applicant shall make any improvements necessary to maintain an adequate level of service on all abutting intersections and streets.

(14) If the traffic study shows that adequate levels of service are not maintained on all abutting intersections and streets without developer-provided improvements, the applicant shall contribute funds to provide for capital improvements to the abutting streets and intersections within the immediate area based upon the increase in traffic projected as a result of the development, and the cost of reasonably necessary improvements to the abutting streets and intersections within the immediate area, including traffic signals.

§ 27-446 Mushroom Spawn Cultivation.

[Ord. No. 2015-01, 6/22/2015]

1. Within the Industrial Zone (I), mushroom spawn cultivation operations are permitted by conditional use subject to the following criteria:

A. Minimum lot area: 10 acres.

B. Minimum lot width: 200 feet.

C. Maximum lot coverage: 40%.

D. Front, side and rear yard setbacks: 50 feet.

E. Manure storage facilities shall be designed in compliance with the guidelines outlined in the publication "Manure Management for Environmental Protection," Bureau of Water Quality Management Publication No. 43, and by any revisions, supplements and replacements thereof, published by the Pennsylvania Department of Environmental Protection or its predecessor, the Pennsylvania Department of Environmental Resources.

F. All manure storage facilities' designs shall be reviewed by the Chester County Conservation District. The applicant shall, no later than the time of hearing, furnish the Township with a letter from the Conservation District attesting to its approval of the design of the proposed facility.

G. Construction and subsequent operation of the manure storage facility shall be in accordance with the permit and the approved design. The Valley Township Zoning Officer must be notified at least two days prior to the commencement of construction of the facility so that the construction can be properly supervised. Any design changes desired during construction shall require additional review(s) and approval(s) of the Chester County Conservation District.

H. Any manure storage facility shall be set back not less than 400 feet from any property line.

I. Any compost or composting material, storage pile, facility or structure shall be set back at least 400 feet from any property line.

J. Any leachate or waste processing water shall be disposed of in compliance with any applicable state and federal laws or regulations. If leachate or waste processing water is to be discharged into municipal sewage lines for conveyance to a municipal sewage treatment facility, the applicant shall secure all required permits. In no event shall leachate or waste processing water be introduced or disposed into a storm sewer, into the ground or in any other manner inconsistent with regulations of the Department of Environmental Protection or the Chester County Health Department.

K. Any processing, storage or packaging operations must be conducted within a wholly enclosed building that is leakproof and vector-proof.

L. The applicant shall, not later than the time of hearing, produce written proof of compliance with all applicable state and federal laws, rules and regulations.

M. The unloading, processing and transfer of spent mushroom compost shall be continuously supervised by a qualified facility operator.

N. The applicant shall, not later than the time of hearing, produce a written analysis of raw water needs for the proposed use, including ground water or surface water, from either a public or private source, indicating the quantity of water required for the use. If the source is a municipal water supply, the applicant shall submit documentation from the supplier that there is sufficient capacity to accommodate the proposed use. If necessary, in the opinion of the Township, a water feasibility study will be required of the applicant to enable the Township to evaluate the impact of the proposed use on groundwater supplies and existing wells. The water feasibility study shall be reviewed by the Township Engineer. A water system that does not provide an adequate supply of water for the proposed use, while safeguarding the supply of water for existing uses in proximity thereto, or that does not provide for adequate groundwater recharge considering the water withdrawn by the proposed use, shall not be approved by the Township. A water feasibility study shall include the following information:

(1) Calculations of the proposed use's water needs.

(2) A geological map of the area within a one-mile radius of the proposed use.

(3) The location of all existing and proposed wells within 1,000 feet of the proposed use, as well as all known point sources of pollution within 1,000 feet of the proposed use.

(4) A written determination of the long-term safe yield, giving consideration to the geological formation(s) underlying the site.

(5) A written report on the effects of the proposed use's water supply system on both the quantity and quality of water in nearby wells, as well as its effects on nearby streams and the groundwater table in the area.

(6) A written statement, in the form of curriculum vitae, of the person preparing the foregoing reports or studies, which reports and studies shall be signed by the person who prepared them.

O. A minimum of forty-foot-wide landscape strip shall be located along the proposed use's property lines. No structures, storage, parking or other related activity or operation(s) shall be permitted within the landscape strip. Any fencing or other screening shall not be located within the landscape strip.

§ 27-447 Suburban Center Mixed-Use Development (RC Zone).

[Ord. No. 2015-01, 6/22/2015]

1. Within the RC Zone, a Suburban Center Mixed-Use Development is permitted by conditional use subject to the following criteria:

A. Qualifying Criteria. A suburban center mixed-use development shall be permitted only as a conditional use on sites within the RC Zone which are at least 50 acres in size and which are adjacent to, and have direct access onto Lincoln Highway (Business Route 30).

B. Uses Permitted. A Suburban Center Mixed-Use Development in a (RC) Zone may include any of the following uses:

(1) Any use or combination of uses permitted by § 27-205, Subsections 2 and 3, of this chapter (governing uses permitted in the RC Zone). The uses listed as conditional uses in § 27-205, Subsection 3, shall not require an additional hearing if the specific uses are stated in the conditional use hearing required for the suburban center mixed-use development. However, these listed conditional uses shall comply with the referenced specific standards and the criteria set forth in Part 4 of this chapter. Not less than 15% of the gross acreage of the site upon which a suburban center mixed-use development is located shall be devoted to such permitted uses.

(2) Townhouses.

(3) Multiple-Family Dwellings. Not more that 35% of the gross acreage of the site upon which a suburban center mixed-use development is located shall be devoted to multiple-family dwellings.

(4) Accessory uses incidental and subordinate to the above permitted uses.

C. Location of Commercial Business Uses. All commercial business buildings or structures, associated off-street parking lots and associated loading areas shall be located on the portion of the suburban center mixed-use development bounded by Lincoln Highway (Business Route 30).

D. Both public sewer and water public water shall be utilized.

E. Open Space. At least 30% of the total acreage of the site upon which a suburban center mixed-use development is located shall be devoted to common open space. In calculating common open space, recreation or community facility buildings and associated parking shall not be part of the minimum required open space. No more than 40% of the common open space requirement can be satisfied by slopes exceeding 25% and/or by riparian buffers.

(1) Required open space shall be designed and arranged to achieve at least two of the following objectives, and the applicant shall demonstrate those specific measures employed to achieve these objectives:

(a) Protection of important natural resources (e.g., streams, ponds, wetlands, steep slopes, woodlands, unique geologic features, wildlife habitats, aquifer recharge areas, etc.).

(b) Protection of important historical and/or archeological sites.

(c) Provision of usable play, recreation and/or community facilities areas that are conveniently accessible to residents and commercial business occupants of the suburban center mixed-use development and the Township including uses such as active and passive recreation and related structures (gazebos, picnic tables, benches, playground equipment, basketball courts, tennis courts, etc.), trails, meadows, etc.

(d) Integration of green belts throughout the suburban center mixed-use development that link residential areas with on-site or adjoining parks, schools or other community facilities and retail commercial areas.

(2) Provision of usable play, recreation and/or community facilities areas within the suburban center mixed-use development shall be considered an integral part of the development. At least 45% of the required common open space in a contiguous parcel within a suburban center mixed-use development shall be suitable for the construction of play, recreation and/or community facilities and shall be offered for dedication to the Township so that the land is accessible to residents of the Township. This land shall be suitable for its desired purpose and no more than 10% of said area shall be constrained by slopes over 15% and/or by wetlands.

(3) In the event that the Board of Supervisors does not accept dedication of all of the open space referenced in § 27-447, Subsection 1E(2), of this chapter within a suburban center mixed-use development, the landowner shall provide for and establish an organization for the ownership and maintenance of the common open space, and such organization shall not be dissolved nor shall it dispose of the common open space, by sale or otherwise (except to an organization conceived and established to own and maintain the common open space), except by dedication of the same to the public. In any case, the organization provided for the ownership of open space land, not dedicated for public use, shall be constituted of the property owners within the suburban center mixed-use development. The plan may provide that the property owners association may lease back open space lands to the developer, his heirs or assigns, or to any other qualified person, or corporation, for operation and maintenance of the open space land, but such a lease agreement shall provide:

(a) The property owners, residents and business invitees of the suburban center mixed-use development shall at all times have access to the open space land contained therein.

(4) The form of the lease shall be subject to the approval of the Board of Supervisors, and any transfer or assignment of the lease shall be further subject to the approval of the Board of Supervisors. Lease agreements so entered upon shall be recorded with the Recorder of Deeds of Chester County within 30 days of their execution and a copy of the recorded lease shall be filed with the Secretary of the Township.

(5) The plan to provide for ownership and maintenance of common open space shall include:

(a) A complete description of the organization to be established for the ownership of open space, if any, and the methods by which this organization shall be established and maintained.

(b) A method reasonably designed to give adequate notice to property owners and residents within suburban center mixed-use development in the event of the sale or other disposition of common open space lands, and in the event of assumption of the maintenance of common open space lands by the Township as hereinafter provided.

(6) In the event that the organization established to own and maintain common open space, or any successor organization, shall at any time after establishment of the suburban center mixed-use development fail to maintain the common open space in reasonable order and condition in accordance with the approved development plan, the Board of Supervisors may proceed to demand that the deficiencies of maintenance be corrected or that the Township will enter upon and maintain the common open space. The Board of Supervisors shall serve written notice upon the property owners association or trustees, as appropriate, setting forth the manner in which the association or trustees has failed to maintain the common open space in reasonable condition. The cost of such maintenance by the Township shall be assessed ratably against the properties within the suburban center mixed-use development that have a right of enjoyment of the common open space, and shall become a lien on said properties. The Township at the time of entering upon said common open space for the purpose of maintenance shall file a notice of lien in the office of the Prothonotary of the County upon the properties affected by the lien within the suburban center mixed-use development.

F. Traffic Study. The applicant for conditional use approval of a suburban center mixed-use development shall furnish a traffic study prepared by a professional traffic engineer with the following minimum considerations:

(1) A description of the traffic impact area (TIA) including its major roads and potential traffic generation rates to be determined by current land use planning references.

(2) Existing twenty-four-hour and peak-hour traffic volume data for all streets which provide direct access to the proposed development and for the collectors and arterials which will serve it, as well as any major intersections within the impact area.

(3) Estimates of the total number of vehicle trips to be generated by the development for a typical twenty-four-hour period including typical a.m. and p.m. peak periods.

(4) Assignment of future twenty-four-hour and peak-hour volumes to the collectors and arterials, and other streets that will serve the proposed development based on the projections of increased traffic volumes within the traffic impact area, to be determined by an extrapolation of former development trends; and, the amount of usable area already planned and/or zoned within the traffic impact area. Any previously approved projects within the TIA that have not yet been occupied should also be factored in these future traffic volume projections.

(5) Projected twenty-four-hour and peak-hour turning movement data for all access points proposed for the development.

(6) Capacity/level of service analysis on major intersections which will be impacted by the additional volumes generated by the development.

(7) Recent data about existing accident levels at the above intersections categorized by accident type for each intersection.

(8) Descriptions of the street improvements that will be required in order to avoid problems of traffic congestion and traffic safety.

(9) Cost estimates of any proposed improvements that will be required.

(10) Descriptions of existing and planned public transportation services in the Township and the potential to serve the proposed development.

(11) Descriptions of any actions proposed or offered by the applicant to alleviate the impact of the proposed development on the transportation network.

(12) The source of standards used in the data as presented.

(13) The applicant shall make any improvements necessary to maintain an adequate level of service on all abutting intersections and streets.

(14) If the traffic study shows that adequate levels of service are maintained on all abutting intersections and streets without developer-provided improvements, the applicant shall contribute funds to provide for capital improvements to the streets and intersections within the immediate area based upon the increase in traffic projected as a result of the development, and the cost of reasonably necessary improvements to the streets and intersections within the immediate area, including traffic signals.

G. Residential Density Permitted. Townhouses shall be permitted up to a maximum density of 5.5 units per net acre. Multiple-family dwellings shall be permitted up to a maximum density of nine units per net acre.

H. Residential Design Standards. The Design Standards for Suburban Center Mixed-Use Development chart lists various design standards imposed upon the dwelling unit types permitted and contained within a suburban center mixed-use development.[1]

[1] Editor's Note: Said chart is included as an attachment to this chapter.

I. Townhouse Staggering. No townhouse groupings shall contain more than six units. For each grouping of townhouses containing more than four units, no more than 60% of such units shall have the same front yard setback; the minimum variation of setback shall be two feet. In addition, no more than two contiguous units shall have identical roof lines that generally parallel the ground along the same horizontal plane.

J. Separation Distance Between Residential Buildings. In those instances where two or more multiple-family dwelling buildings and/or townhouse groupings are located on the same lot, the following separation distances shall be provided between each building:

(1) Front to front, rear to rear, or front to rear, parallel buildings shall have at least 50 feet between faces of the building. If the front or rear faces are obliquely aligned, the above distances may be decreased by as much as 10 feet at one end if increased by a similar or greater distance at the other end.

(2) A minimum yard space of 30 feet is required between end walls of buildings for each single- or two-story building, plus five feet for each additional story. If the buildings are at right angles to each other, the distance between the corners of the end walls of the building may be reduced to a minimum of 20 feet.

(3) A minimum yard space of 30 feet is required between end walls and front or rear faces of buildings for each single- or two-story building, plus five feet for each additional story.

K. Setbacks, Buffer Strip and Vegetative Screen.

(1) All buildings, structures and off-street parking and loading areas within a suburban center mixed-use development shall be set back at least 100 feet from any adjoining land within a residential district and/or from an adjacent collector or arterial street which is external to the development. Fifty feet of such setback shall be used for a landscaped buffer strip to include a variety of vegetative materials including trees, shrubs and ground cover.

(2) For townhouse or multiple-family residential uses within a suburban center mixed-use development, a vegetative screen consisting of evergreen trees in accordance with § 27-314, Subsections 3 and 4, shall be provided along any property line adjacent to a residential zone or residential use or adjacent to a collector or arterial street which is external to the development.

(3) For commercial business uses within a suburban center mixed-use development, a vegetative screen shall be provided along any lands adjoining a residential zone or residential use.

(4) All townhouse and multiple-family buildings shall be set back at least 30 feet from any perimeter boundary of the development site and at least 15 feet from any parking facilities contained on commonly held land.

L. Commercial Business Design Standards. The following design standards shall be applicable to all commercial business uses within a suburban center mixed-use development. To the extent that these design standards are inconsistent with the design standards applicable to these commercial business uses contained elsewhere in this Code, the design standards contained herein shall control.

(1) Maximum Building Coverage. More than one commercial business building shall be permitted to be located on a lot. The total building coverage of all commercial business buildings shall not exceed 25% of the lot.

(2) Maximum Lot Coverage: 65%; except that lot coverage may be increased an additional 5%, to a maximum of 70% through cooperative actions listed below that further the goals and objectives of the suburban center mixed-use development district:

(a) Lot coverage may be increased an additional 1.25% for each of the following cooperative actions:

1) Pedestrian and vehicular connections with adjacent properties to facilitate circulation.

2) Consolidation of two or more parcels, under separate ownership prior to development with the purpose of providing a more unified development.

3) A 25% increase in the quantity of landscaped materials beyond that required.

4) An increase of one inch in caliper of all trees required to be planted.

(3) Landscaping. Any portion of the lot not used for buildings, structures, parking lots, loading areas, outdoor storage areas and sidewalks shall be maintained with a vegetative ground cover and other ornamental plantings.

(4) Minimum Lot Size. Unless otherwise specified, each use within this zone shall have a minimum lot size of five acres. For purposes of this section, a "use" can include several businesses that are developed in a coordinated fashion (e.g., joint parking lots, access drives, loading areas, landscaping and signage, etc.) that functions as one development site and satisfies all of those requirements imposed upon this zone.

(5) Minimum Lot Width. The minimum lot width shall be 200 feet.

(6) Minimum Setback Requirements.

(a) Front Yard Setback. All buildings, structures (except permitted signs) and off-street loading areas shall be set back at least 50 feet from the street right-of-way lines. Off-street parking lots shall be set back at least 25 feet from street right-of-way lines.

(b) Side Yard Setbacks. All buildings and structures shall be set back at least 50 feet from all side lot lines. Off-street parking lots and loading areas shall be at least 25 feet from side lot lines; unless joint parking facilities are shared by adjoining uses. In such instances, one of the required side yard setbacks can be waived for parking lots only.

(c) Rear Yard Setback. All building and structures shall be set back at least 50 feet from the rear lot line. Off-street parking lots and loading areas shall be set back at least 25 feet.

(7) Outdoor Storage. No outdoor storage shall be permitted.

(8) Off-Street Loading. Off-street loading shall be provided as specified in § 27-313 of this chapter.

(9) Off-Street Parking. A minimum of 5.5 parking spaces shall be provided for each 1,000 square feet of gross leasable floor area within the commercial business portion of a suburban center mixed-use development up to 400,000 square feet of gross leasable area. Joint parking lots, serving more than one commercial business building are encouraged. The provision of joint parking facilities shall reduce the total number of parking spaces required by a maximum of 20%. Such reduced parking spaces must be appropriately distributed upon the lot to provide convenient walking distance between every vehicle and each of the commercial business uses. In all other respects, the suburban center mixed-use development commercial business uses shall comply with § 27-312 of this chapter.

(10) Maximum permitted height: 45 feet.

M. After the Board of Supervisors approves a subdivision and/or land development plan for a suburban center mixed-use development, the subsequent division of the commercial business portion of the property into two or more separate lots for the development of the commercial business buildings depicted on the land development plan for purposes of financing and/or conveyancing may be permitted contingent upon approval of a submitted subdivision plan; provided, that the deeds conveying such separate lots for each building depicted on the said development plan contain covenants requiring the purchasers to, at all times, operate and maintain such lots in good order and repair and in clean and sanitary condition; that cross-easements for parking areas and all appurtenant ways, pedestrian access, and utilities shall be maintained between such lots; and that such covenants shall be subject to the approval of the Township Solicitor. The purchaser of any such lot shall so covenant and agree thereby to be bound by such conditions as set forth herein.

N. Access drive requirements: see §§ 27-311 and 27-205, Subsection 14, of this chapter.

O. Waste Products. See § 27-205, Subsection 17, of this chapter.

P. Signs. Signs shall be permitted as specified in §§ 27-315 and 27-440, Subsection 1I, of this chapter.

Q. Each application for a suburban center mixed-use development shall include documentation as to why development of the subject property under the standards imposed within this section will result in a better development than would otherwise be possible in the RC District.

§ 27-448 Limited Cluster Development (R-1).

[Ord. No. 2015-01, 6/22/2015]

1. Within the R-1 Zone, limited cluster developments are permitted by conditional use subject to the following criteria, which criteria supersede the provisions set forth in § 27-202, Subsections 5, 6 and 7, of the Zoning Ordinance:

A. Minimum tract size: 15 gross acres.

B. Utilities. Each dwelling unit shall be connected to an approved public sewer and public water system.

C. Uses Permitted. A limited cluster development in an R-1 Zone may include single-family detached dwellings and townhouse dwelling units and uses accessory to the permitted principal uses. No more than 60% of the total number of dwelling units in a limited cluster development shall be comprised of townhouse dwelling units.

D. Density Permitted. A limited cluster development in an R-1 Zone shall maintain a maximum tract (overall) density of 2.8 dwelling units per acre (calculated based on the net acreage of the tract); except that this maximum density may be increase by up to an additional 0.7 dwelling units per acre, to a maximum 3.5 dwelling units per acre (calculated based on the net acreage of the tract) through cumulative actions listed below [Subsection 1D(3) and (4) shall apply only in conjunction with (1) and/or (2)]:

(1) Increase in net density by 0.3 dwelling units per acre if streets adjacent to the development tract are improved by providing full width rights-of-way and full width cartway widening in accordance with the design standards for a collector street in Chapter 22, Subdivision and Land Development, § 22-602, Subsections 8 through 13, as acceptable to the Board of Supervisors.

(2) Increase in net density by 0.3 dwelling units per acre if public water and sanitary sewer facilities including sewer and water lateral stubs are extended along the entire property frontage, as feasible and as acceptable to the Board of Supervisors, with reimbursement agreements.

(3) Increase in net density by 0.05 dwelling units per acre if evergreen trees required in vegetative screens are provided at least four feet higher than the required planting height or if six-foot-high evergreen tree screens are provided where otherwise not required.

(4) Increase in net density by 0.05 dwelling units per acre if a six-foot-high earthen berm is provided outside of the right-of-way along perimeter roads.

E. Limited Cluster Development Design Standards. The Limited Cluster Development Design Standards (R-1) Zone table and notes list various design standards imposed upon the permitted dwelling unit types where the dwelling units are contained upon their own lots.[1]

[1] Editor's Note: Said table and notes are included as an attachment to this chapter.

F. Townhouse Group Limitations. No townhouse group shall contain less than three or more than six dwelling units. No more than 25% of the total number of townhouses groups proposed within a limited cluster development shall contain more than four total dwelling units.

G. Townhouse Staggering and Setbacks. For each townhouse group containing more than four dwelling units, no more than 60% of the dwelling units shall have the same front yard setback; the minimum variation of the setback shall be two feet. In addition, no more than two contiguous dwelling units shall have identical roof lines that parallel the ground along the same horizontal plane. All townhouse groups shall be set back a minimum of 20 feet from any parking facilities contained on commonly held lands. All townhouse groups shall be set back at least 35 feet from any perimeter boundary of the tract and from any lot line of a lot on which two or more townhouse groups are located.

H. Buffer Strip and Screening. All buildings within a tract being developed under the limited cluster development regulations shall be set back at least 50 feet from any adjoining land within a residential district that does not already abut an existing residential buffer strip. Such setback shall be used for a landscaped buffer strip to include a variety of vegetative materials including trees, shrubs and ground cover. For townhouse groups, a vegetative screen consisting of at least 85% evergreen trees in accordance with § 27-314, Subsections 3 and 4, shall be provided along any property line adjacent to existing single-family or twin dwellings or to a road which is external to the development.

I. Common Open Space. At least 30% of the area of the limited cluster development tract shall be devoted to common open space. No more than 50% of the common open space requirement can be satisfied by slopes exceeding 25% and/or by riparian buffers.

(1) Required common open space shall be designed and arranged to achieve at least two of the following objectives, and the applicant shall demonstrate those specific measures employed to achieve these objectives:

(a) Protection of important natural resources (e.g., streams, green spaces, ponds, wetlands, steep slopes, woodlands, unique geologic features, wildlife habitats, aquifer recharge areas, etc.).

(b) Protection of important historical and/or archeological sites.

(c) Provision of usable play and/or recreation areas that are conveniently accessible to residents within the development including uses such as active and passive recreation and related structures (gazebos, picnic tables, benches, playground equipment, basketball courts, tennis courts, etc.), trails, meadows, etc.

(d) Integration throughout the limited cluster development of green belts, or of sidewalks, trails or other areas accessible to pedestrians, that link residential areas with on-site or adjoining parks, schools or other similar features,

(2) Provision of usable play and/or recreation facilities within the development shall be considered an integral part of the development. Common open space shall be for the use and/or benefit of residents and owners within the development and their guests.

(3) Common Open Space.

(a) The Board of Supervisors may, at any time and from time to time, accept the dedication of land or any interest therein for public use and maintenance, but the Board of Supervisors need not require, as a condition of the approval of a limited cluster development, that land proposed to be set aside for common open space be dedicated or made available to public use. Any open space land offered for dedication to Valley Township shall be known as "Open Space for Dedication." In the event that the Board of Supervisors does not accept dedication of all of the open space for dedication offered within a limited cluster development, that portion not accepted by the Township shall remain common open space. Common open space may be privately owned by one or more individuals or other entities. The landowner shall provide maintenance for or establish an organization for the ownership and/or maintenance of the common open space. Any such organization established shall not be dissolved nor shall it dispose of the common open space, by sale or otherwise (except to an organization conceived and established to own and maintain the common open space), except by dedication of the same to the public. Any such organization provided for the ownership of common open space, not dedicated for public use, shall consist of the property owners within the limited cluster development. The plan for the ownership and maintenance of common open space by such organization may provide that the property owners association may lease back open space lands to the developer, his heirs or assigns, or to any other qualified person, or corporation, for operation and maintenance of common open space, but such a lease agreement shall provide that:

1) Residents of the limited cluster development shall at all times have access to the common open space contained therein.

2) The operation of common open space facilities may be for the use and/or benefit of the residents and owners only.

(b) The form of the lease shall be subject to the approval of the Board of Supervisors, and any transfer of assignment of the lease shall be further subject to the approval of the Board of Supervisors. Lease agreements so entered upon shall be recorded with the Recorder of Deeds of Chester County within 30 days of their execution and a copy of the recorded lease shall be filed with the Secretary of the Township.

(4) The plan to provide for ownership and maintenance of common open space shall include:

(a) A complete description of the organization to be established for the ownership of common open space, if any, and the methods by which this organization shall be established and maintained.

(b) A method reasonably designed to give adequate notice to property owners within the limited cluster development in the event of the sale or other disposition of common open space lands, and in the event of assumption of the maintenance of common open space lands by the Township as hereinafter provided.

(5) In the event that the organization established to own and maintain the common open space, or any successor organization, fails at any time after establishment of the development to maintain the undedicated common open space in reasonable order and condition in accordance with the approved development plan, the Board of Supervisors may proceed to demand that the deficiencies of maintenance be corrected or that the Township will enter upon and maintain the same. The Board of Supervisors shall serve written notice upon the organization established to own and maintain the common open space setting forth the manner in which the organization has failed to maintain the common open space in reasonable condition. The cost of such maintenance by the Township shall be assessed against the property or properties within the limited cluster development that have a right of enjoyment of the common open space and shall become a lien on said properties. The Township, at the time of entering upon said common open space for the purpose of maintenance, shall file a notice of lien in the office of the Prothonotary of the County upon the properties affected by the lien within the limited cluster development.

J. General Provisions. All uses permitted within the limited cluster development shall also comply with the general provisions set forth in Part 3 of this chapter, except as otherwise provided in this section. The provisions of this § 27-448 shall control in the event of any inconsistencies between any provision of § 27-448 and any other provision of the Zoning Ordinance. In addition to the items set forth in § 27-304, setback regulations shall not apply to uncovered decks.

K. Conditional Use. Each application shall include documentation as to why development of the subject property under standards imposed within this section will result in a better development than would be possible according to the zone's permitted uses and standards.

§ 27-449 Veterinary Clinic and Dog Day Care.

[Ord. No. 2015-01, 6/22/2015]

1. Within the NCO Zone, veterinary clinics are permitted by conditional use subject to the following criteria; and within the HC Zone, dog day cares are permitted by right subject to the following criteria:

A. Any animal outdoors is accompanied by either its owner or an employee of the veterinary clinic and is leashed or contained in a secure enclosure.

B. Exercise areas are permitted on the side or rear yard and shall be screened from adjacent roads and residentially zoned properties and shall be within a secure enclosure. Exercise areas shall be set back at least 20 feet from all lot lines, 50 feet from residentially zoned properties, 100 feet from wells, springs, sinkholes, ponds or streams, and shall not be within any swale or drainageway.

C. All such uses shall be in accordance with applicable Pennsylvania state licensing and codes.

D. All animals shall be inside an enclosed building between the hours of 8:00 p.m. prevailing time and 7:00 a.m. prevailing time.

§ 27-450 Alternative Energy Production.

[Ord. No. 2015-01, 6/22/2015]

1. Within the C Zone, alternative energy production as a principal use is permitted by conditional use subject to the following criteria:

A. Solar energy systems.

(1) Design and Permitting. The design and installation of the solar energy system shall conform to applicable industry standards, such as those of the American National Standards Institute (ANSI), Underwriters Laboratories, the American Society for Testing and Materials (ASTM), or other similar certifying organizations, and shall comply with the Township Building Code and with all other applicable fire and life safety requirements. Applicable manufacturer specifications shall be submitted as part of the application for any permit.

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

(3) Transmission Lines. All power transmission lines from the solar energy system to any building or other structure shall be located underground, unless it can be demonstrated, to the satisfaction of the Zoning Officer, in consultation with the Township Engineer, that this is not feasible.

(4) Solar energy systems shall comply with the area and bulk regulations of the underlying zoning district.

(5) Setbacks. All solar panels, equipment, and appurtenances associated with the solar energy system shall comply with principal use setbacks of the underlying zoning district, with the additional requirement that the setback distance shall be no less than the height of the solar energy system above ground.

(6) Glare. Solar panels and collectors shall be placed such that concentrated solar radiation or glare is not directed onto nearby properties or roadways and shall be in accordance with § 27-319, Subsection 1C, of this chapter.

(7) Mounting location. A solar energy system may be roof- or ground-mounted (freestanding) subject to all limitations set forth herein.

(8) Historic resources. If a solar energy system is proposed to be mounted within 100 feet of any historic structure or historic resource as may be designated by the Township or determined to be eligible for listing on the National Register of Historic Places by the Pennsylvania Historical and Museum Commission or the National Park Service, such system shall be subject to conditional use approval only if the Board of Supervisors and applicable regulatory authorities issue determinations that the proposed system will not adversely impact the historical significance or landscape context of the subject historic structure or historic resource.

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

(10) Roof-mounted systems. A roof-mounted solar energy system shall not extend beyond the existing overhangs of the structure to which it is attached. With the exception of flat-top roofs, roof-mounted solar energy systems shall not project above the ridge of the roofline.

(11) Ground-mounted (freestanding) systems.

(a) Ground-mounted solar energy systems must be fully screened from all adjoining residential uses and residentially zoned properties for the full height of the solar energy system.

(b) A perimeter landscaped buffer yard shall be provided for ground-mounted solar energy systems along property line(s) and road right(s)-of-way in accordance with § 27-314, unless the Board of Supervisors determines that the existing topography and/or landscaping provide an adequate buffer.

(c) Height limitation. No point of a ground-mounted solar energy system or its support structure shall exceed a height of 15 feet.

(d) Lot coverage. For the purposes of this section, all at-grade or above-grade features and facilities relating to ground-mounted solar energy systems, including appurtenances, shall be considered impervious surface and subject to the maximum lot coverage requirements of the underlying zoning district. The area of a ground-mounted solar energy system shall be the design/calculated maximum footprint area as projected onto the ground surface in the flattest inclination position in which the solar energy system panels will be utilized.

(12) Safety and security of principal solar energy systems.

(a) Safety warnings. A clearly visible warning sign concerning voltage shall be placed at the base of all pad-mounted transformers and substations or fences, pursuant to applicable state and federal safety warning standards.

(b) Security. All access doors to electrical equipment for principal solar energy systems shall be locked or fenced, as appropriate, to prevent entry by nonauthorized personnel.

(13) Abandonment or disrepair. If the solar energy system is ever abandoned or falls into a state of disrepair, it shall be the responsibility of the property owner to remove or properly maintain the solar energy system within six months from the date the system enters such a state.

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

B. Wind Energy Conversion Systems (WECS).

(1) Design and Permitting. The design and installation of the WECS shall conform to applicable industry standards, such as those of the American National Standards Institute (ANSI), Underwriters Laboratories, the American Society for Testing and Materials (ASTM), or other similar certifying organizations, and shall comply with the Township Building Code and with all other applicable fire and life safety requirements. Applicable manufacturer specifications shall be submitted as part of the application for any permit.

(2) Grid Interconnection. A WECS connected to the utility grid shall provide written authorization from the local utility company acknowledging and approving such connection.

(3) Transmission Lines. All power transmission lines from the WECS to any building or other structure shall be located underground, unless it can be demonstrated to the satisfaction of the Zoning Officer, in consultation with the Township Engineer, that this is not feasible.

(4) WECS shall comply with the area and bulk regulations of the underlying zoning district.

(5) Setbacks. All turbines, blades, towers, equipment, and appurtenances associated with the WECS shall comply with principal use setbacks of the underlying zoning district, with the additional requirement that the setback distance shall be no less than the height of the WECS above ground. Additionally, all WECS must be set back sufficiently from any aboveground utility lines, radio, television, or telecommunications towers so as to present no danger to those lines or structures, as certified by the applicant's engineer. No portion of any WECS shall extend over parking areas, access drives, driveways or sidewalks.

(6) Historic Resources. If a WECS is proposed to be mounted within 100 feet of any historic structure or historic resource as may be designated by the Township or determined to be eligible for listing on the National Register of Historic Places by the Pennsylvania Historical and Museum Commission or the National Park Service, such system shall be subject to conditional use approval only if the Board of Supervisors and applicable regulatory authorities issue determinations that the proposed system will not adversely impact the historical significance or landscape context of the subject historic structure or historic resource.

(7) Height limitations.

(a) Maximum. The maximum height for a WECS shall not exceed 35 feet.

(b) Minimum. The minimum height of the lowest position of the wind turbine blade shall be 15 feet above the ground. If the wind turbine proposed is a vertical axis wind turbine (also referred to as a "helix-type turbine" or "VAT"), the height between the lowest point of the turbine and the ground may be reduced to 10 feet.

(8) Noise Limitations. WECS shall comply with noise limitations in § 27-319, Subsection 1A, of this chapter.

(9) Lot Coverage. The footprint of a WECS shall be calculated as part of the overall lot coverage.

(10) Structural Integrity. For any roof-mounted WECS, such as microturbine systems or horizontal or vertical-axis turbines, the applicant must demonstrate to the Building Code Inspector, by credible evidence, that the structural integrity of the structure is such that it can adequately support the system being considered.

(11) Storage Structures. When an accessory building is necessary for storage cells or related mechanical equipment, the accessory building shall not have a floor area exceeding 200 square feet and shall comply with the accessory structure requirements specified within the underlying zoning district.

(12) One Turbine Per Lot. No more than one WECS (wind turbine) shall be permitted per lot, except on lots of 10 acres or more. A wind energy system made up of a number of adjacent microturbine panels is considered one system for the purposes of this subsection.

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

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

(15) Colors. WECS shall be a nonobtrusive color such as white, off-white or gray.

(16) Shadow Flicker. All WECS shall, to the extent feasible, be sited to prevent shadow flicker on any occupied building on adjacent properties.

(17) Climbing. WECS shall be equipped with an appropriate anticlimbing device, or otherwise made unclimbable, to prevent unauthorized access to the system.

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

(19) Safety and security for principal WECS.

(a) Safety Warnings. A clearly visible warning sign concerning voltage shall be placed at the base of all pad-mounted transformers and substations or fences.

(b) Security. All access doors to wind turbines and electrical equipment for principal WECS shall be locked or fenced, as appropriate, to prevent entry by nonauthorized personnel.

(20) Abandonment or Disrepair. If the WECS is ever abandoned or falls into a state of disrepair, it shall be the responsibility of the property owner to remove or properly maintain the WECS within six months from the date the system enters such a state.

(21) Decommissioning. If a WECS is removed, any earth disturbance as a result of the removal of the system shall be graded and reseeded to the satisfaction of the Zoning Officer.

§ 27-451 Controlled-Environment Agriculture (CEA).

[Ord. No. 2015-01, 6/22/2015]

1. Within the NCO, PD, I, and HC Zones, controlled-environment agriculture (CEA) activities are permitted by conditional use subject to the following criteria:

A. CEA activities shall comply with all applicable local, state, and federal regulations.

B. All CEA activities shall be located within a completely enclosed structure.

C. Lot Area. The minimum lot area for a CEA use is two acres. This minimum lot area requirement shall supersede the minimum lot area requirements of the underlying zoning district.

D. The following are prohibited from being produced:

(1) Farm animals as defined in this chapter.

(2) Prohibited plant species or any other plant species deemed injurious, noxious, or invasive by Pennsylvania Department of Conservation and Natural Resources Invasive Species Management Plan, Pennsylvania Invasive Species Council, or the Federal Noxious Weed List.

E. All property owners with CEA activities shall provide each abutting property owner or occupant, and/or the first nearest property owner or occupant of an occupied dwelling or business, written notice of the CEA owner's or owner's agent's name, address, and telephone number for the CEA activity, no less than 30 days prior to the start of any agricultural development or site preparation. The notice shall include a description of the planned agricultural use.

F. CEA uses shall not be detrimental to the physical environment or to public health and general welfare by reason of excessive production of noise, smoke, fumes, vibrations, or odors.

G. Tools, supplies, and machinery associated with CEA activities shall be stored in an enclosed structure or removed from the property daily. All chemicals and fuels associated with CEA activities shall be stored above ground, in an enclosed, locked structure.

§ 27-452 Community Center.

[Ord. No. 2015-01, 6/22/2015; as amended by Ord. No. 03-2023, 5/2/2023]

1. Within the R-1, R-2, HC, NCO, and RC Zones, community centers are permitted by conditional use subject to the following criteria, and, within the PD Zone, community centers are permitted by right subject to the following criteria:

A. Operational hours are permitted between 6:00 a.m. and 12:00 midnight. No overnight activities are permitted. The facility shall not be used for any type of temporary housing unless in conjunction with a Township emergency declaration as stated in Title 35 of the Pennsylvania Code.

B. Alcohol sales are permitted within community centers by conditional use. (See § 27-459.)

C. All outdoor recreation facilities shall be set back at least 50 feet from the street right-of-way line, 25 feet from all other lot lines, and 100 feet from any abutting residentially zoned properties.

D. Required parking will be determined based upon the types of activities proposed and the schedule listed in § 27-312.

E. The subject property shall have frontage along an arterial or collector road, as identified in § 27-316, or, subject to the approval of the Board of Supervisors, a minor street as identified in Chapter 22, Subdivision and Land Development, that is located within 1,500 feet of an arterial or collector road.

§ 27-453 Conference Center.

[Ord. No. 2015-01, 6/22/2015; as amended by Ord. No. 03-2023, 5/2/2023]

1. Within the HC and RC Zones, conference centers are permitted by conditional use subject to the following criteria, and, within the PD Zone, conference centers are permitted by right subject to the following criteria:

A. All activities shall take place within a wholly enclosed building. A conference center may be part of a mixed-use building, provided that the conference center is not less than 50% of the total building area.

B. Operational hours permitted are to be set between 6:00 a.m. and 12:00 midnight. No overnight activities are permitted. The facility shall not be used for any type of temporary housing unless in conjunction with a Township emergency declaration as stated in Title 35 of the Pennsylvania Code.

C. Alcohol sales are permitted within conference centers by conditional use. (See § 27-459.)

D. Required parking will be determined based upon the types of activities proposed and the schedule listed in § 27-312.

E. The subject property shall have frontage along an arterial or collector road, as identified in § 27-316, or, subject to the approval of the Board of Supervisors, a minor street as identified in Chapter 22, Subdivision and Land Development, that is located within 1,500 feet of an arterial or collector road.

F. Conference centers may only be used for social and nonsocial functions of the following:

(1) Individual residents;

(2) Senior citizen groups and organizations;

(3) Recognized Township Organizations. Organizations falling in this category must apply for status as a recognized Township organization in order to use the community center under this category. The application must include a copy of the bylaws, charter or other organization governing document that requires the organization to maintain a membership comprised of at least 51% Valley Township residents or businesses with officer or business locations within the Township limits.

(4) Non-Township organizations, which provide that residents have the right to be members of such organizations. Examples of such organizations are county political groups, regional or county business organizations, and county or regional athletic groups.

(5) Organizations that have an association or affiliation with the property owner and/or the Township.

(6) Volunteer organizations that serve the interest of Township residents.

(7) Nonprofit organizations that serve the interest of Township residents.

(8) For-profit organizations that pay for the temporary use of the center for purposes outlined in § 27-453, Subsection 1G, not to exceed a maximum duration of seven consecutive days in any thirty-day period and not more than 21 days in total in a calendar year.

G. Permitted Activities:

(1) Meetings.

(2) Conferences.

(3) Township functions or Township-sponsored events which are of public nature and open to residents.

(4) Training seminars.

(5) Events open to the public for informational purposes.

§ 27-454 Drive-Through.

[Ord. No. 2015-01, 6/22/2015]

1. Within the (HC, RC, and PD) Zones, drive-through facilities are permitted as an accessory use to a commercial use building by conditional use subject to the following criteria:

A. The subject property shall front on an arterial or collector road, as identified in § 27-316.

B. All drive-through window travel lanes shall be separate of the principal use parking lot's interior driveways and parking areas. The drive-through window travel lane shall comply with the interior drive requirements of § 27-312 of this chapter independent of the principal use parking lot's interior drives. The drive-through window travel lane shall not be used as a backup area for parking spaces or for backup travel for trash or delivery trucks.

C. Any exterior speaker/microphone system shall be arranged and/or screened to prevent objectionable noise impact on adjoining properties.

D. No part of the drive-through facility, including but not limited to drive lanes, window, speakers, and canopy, shall be located within 200 feet of any residentially zoned land.

E. There shall be separate access drives for vehicular ingress and egress from the property.

§ 27-455 Casinos.

[Added by Ord. No. 2018-01, 5/16/2018]

1. Within the RC, I, and PD Zones, casinos are permitted by conditional use subject to the following criteria:

A. Food and beverages must be available to casino patrons during all hours of casino operation.

B. A restaurant is required within the same building as the casino. The restaurant shall operate during all hours of casino operation. The restaurant shall include at least the following number of patron seats for on-site dining:

(1) One seat per 10 slot/gambling machines in the casino; and

(2) Two seats per 1 table game in the casino.

C. A hotel and/or complementary accessory uses, such as a coffee shop, gift shop, or other similar uses approved by the Board of Supervisors, may also be on the same lot as the casino, provided those uses are all within the same building as the casino.

D. The applicant shall furnish evidence as to how the use will be controlled as to not constitute a nuisance due to noise or loitering outside the building.

E. Minimum lot area: five acres.

F. Minimum lot width: 300 feet.

G. No casino facility structure shall be located within 600 feet of any residentially zoned parcel or any tract of land that contains a church, school, or day-care facility.

H. Minimum Setback Requirements.

(1) Front Yard Setback. All buildings, structures (except permitted signs), and off-street parking lots shall be set back at least 50 feet from any adjoining street right-of-way line.

(2) Side Yard Setbacks. All buildings, structures (except permitted signs), outdoor storage areas, and off-street loading areas shall be set back at least 50 feet from any side lot lines. Off-street parking lots shall be set back at least 25 feet from any side lot lines unless joint parking lots and/or loading areas are shared by adjoining uses.

(3) Rear Yard Setback. All buildings, structures (except permitted signs), outdoor storage areas, and off-street loading areas shall be set back at least 50 feet from any rear lot lines. Off-street parking lots shall be set back at least 25 feet from any rear lot lines unless joint parking lots and/or loading areas are shared by adjoining uses.

(4) Residential Buffer Strip. Any lot adjoining land within a residential zone shall maintain a 600-foot setback for nonresidential buildings, structures, off-street loading areas, and outdoor storage areas, and a 150-foot setback for off-street parking lots from the residentially zoned parcels. Such areas shall be used for landscaping and screening.

I. Off-Street Parking. The total off-street parking required shall be the summation of required parking for each principal and accessory use on the lot as specified in § 27-312 of this chapter.

J. Off-Street Loading. Off-street loading shall be provided as specified in § 27-313 of this chapter. In addition, no off-street loading area shall be permitted on any side of a building facing adjoining lands within a residential zone, nor any side of a building facing an adjoining street.

K. Screening. A vegetative screen shall be provided along any lands adjoining a residential zone or residential use, regardless of whether or not the residentially zoned parcel is developed.

L. Landscaping. A minimum twenty-five-foot wide landscape strip shall be provided along all property lines. Such landscape strip can be excluded for that portion of the site occupied by a joint parking lot and/or loading area shared by adjoining uses.

M. Signs. Signs shall be permitted as specified in § 27-315 of this chapter. Additionally, signage shall not include any reference to any associated activity or any terms, symbols, figures, art work, or features commonly associated with gambling, such as gaming, gambling, cards, dice, chance, etc.

N. Traffic Impact. The applicant shall furnish a traffic study prepared by a professional traffic engineer with the following minimum considerations:

(1) A description of the traffic impact area (TIA), including its major roads and potential traffic generation rates to be determined by current land use planning references.

(2) Existing twenty-four-hour and peak-hour traffic volume data for all streets which provide direct access to the proposed development and for the collectors and arterials which will serve it, as well as any major intersection within the impact area.

(3) Estimates of the total number of vehicle trips to be generated by the development for a typical twenty-four-hour period, including typical a.m. and p.m. peak periods.

(4) Assignment of future twenty-four-hour and peak-hour volumes to the collectors and arterials, and other streets that will serve the proposed use based on the projections of increased traffic volumes within the TIA, to be determined by an extrapolation of former development trends; and, the amounts of usable area already planned and/or zoned within the TIA. Any previously approved projects within the TIA that have not yet been occupied should also be factored in these future traffic volume projections.

(5) Projected twenty-four-hour and peak-hour turning movement data for all access points for the proposed use.

(6) Capacity/level of service analysis on major intersections which will be impacted by the additional volumes generated by the proposed use.

(7) Recent data about existing accident levels at the above intersections categorized by accident type for each intersection.

(8) Descriptions of the street improvements that will be required in order to avoid problems of traffic congestion and traffic safety.

(9) Cost estimates of any proposed improvement that will be required.

(10) Descriptions of any actions proposed or offered by the applicant to alleviate the impact of the proposed use on the transportation network.

(11) The source of standards used in the data as presented.

(12) The applicant shall make any improvements necessary to maintain an adequate level of service on all abutting intersections and streets.

(13) If the traffic study shows that adequate levels of service are maintained on all abutting intersections and streets without applicant-provided improvements, the applicant shall contribute funds to provide for capital improvements to the abutting streets and intersections within the immediate area based upon the increase in traffic projected as a result of the proposed use and the cost of reasonably necessary improvements to the abutting streets and intersections within the immediate area including traffic signals.

§ 27-456 Medical Marijuana Dispensary.

[Added by Ord. No. 2019-06, 9/3/2019]

1. Within the NCO, RC, I and PD Zones, medical marijuana dispensaries are permitted by conditional use, subject to the following criteria:

A. A medical marijuana dispensary may only dispense medical marijuana in an indoor, enclosed, permanent, and secure building and shall not be located in a trailer, cargo container, mobile or modular unit, mobile home, recreational vehicle or other motor vehicle.

B. A medical marijuana dispensary shall have a single secure public entrance and shall implement appropriate security measures to deter and prevent the theft of marijuana and unauthorized entrance into areas containing medical marijuana.

C. A medical marijuana dispensary shall:

(1) Not have a drive-through service;

(2) Not have outdoor seating areas;

(3) Not have outdoor vending machines;

(4) Prohibit the administering of or the consumption of medical marijuana on the premises; and

(5) Not offer direct or home delivery service.

D. A medical marijuana dispensary shall not be located within 1,000 feet of the property line of a public, private or commercial school or a day care. This distance shall be measured in a straight line from the closest exterior wall of the building or portion thereof in which the medical marijuana dispensary business is conducted, or proposed to be conducted, to the closest property line of the protected use, regardless of the municipality in which it is located.

E. A medical marijuana dispensary shall be a minimum distance of 1,000 feet from the next nearest medical marijuana dispensary. This distance shall be measured in a straight line from the closest exterior walls of the buildings or portions thereof in which the businesses are conducted or proposed to be conducted, regardless of municipality in which it is located. This separation distance does not apply to the distance between the grower/processor and the specific dispensary they serve, or with which they partner.

F. Off-street parking shall be provided in accordance with the parking schedule in § 27-312, Subsection 18, of this chapter for medical, dental, and veterinary clinics.

G. Loading and off-loading areas within the building are preferred. If an external loading dock arrangement is provided, it must be within a secure environment.

§ 27-457 Medical Marijuana Grower/Processor.

[Added by Ord. No. 2019-06, 9/3/2019]

1. Within the I Zone, medical marijuana growers/processors are permitted by conditional use, subject to the following criteria:

A. A medical marijuana grower/processor may only grow medical marijuana in an indoor, enclosed, and secure building which includes electronic locking systems, electronic surveillance and other features required by the Pennsylvania Department of Health. The grower/processor facility shall not be located in a trailer, cargo container, mobile or modular unit, mobile home, recreational vehicle or other motor vehicle.

B. There shall be no emission of dust, fumes, vapors, odors, or waste into the environment from any facility where medical marijuana growing, processing or testing occurs.

C. Growers/processors shall not be located within 1,000 feet of the property line of a public, private or commercial school or a day care. This distance shall be measured in a straight line from the closest exterior wall of the building or portion thereof in which the medical marijuana business is conducted, or proposed to be conducted, to the closest property line of the protected use, regardless of the municipality in which it is located.

D. Off-street parking shall be provided in accordance with the parking schedule in § 27-312, Subsection 18, of this chapter for controlled-environment agriculture.

E. Loading and off-loading areas within the building are preferred. If an external loading dock arrangement is provided, it must be within a secure environment.

§ 27-458 Multiple-Family Residential Development (PD Zone).

[Ord. No. 03-2023, 5/2/2023]

1. Within the PD Zone, multiple-family dwellings are permitted by conditional use. The use shall comply with all requirements of the underlying zoning district, subject to the following criteria, which are in addition to or shall supersede underlying zoning criteria:

A. Multiple-family dwellings shall not be permitted on a lot that has frontage along West Lincoln Highway.

B. All multiple-family dwellings shall be served by public sewer and public water utilities.

C. Minimum lot width: 175 feet as measured at the building setback line.

D. Residential Density Permitted. Multiple-family dwellings shall be permitted up to a maximum density of 12 units per net acre.

E. Maximum Building Height. A sixty-foot height shall be permitted, except on a lot that abuts a residential zone, in which case the maximum permitted height shall be 40 feet.

F. All multiple-family buildings shall be set back at least 50 feet from the perimeter boundary of any abutting land in a residential zone and from an adjacent road or street which is external to the development. This setback shall not apply along a municipal boundary line.

G. Separation Distance Between Residential Buildings. In those instances where two or more multiple-family dwelling buildings are located on the same lot, the following separation distances shall be provided between each building:

(1) Front to front, rear to rear, or front to rear, parallel buildings shall have at least 50 feet between faces of the building. If the front or rear faces are obliquely aligned, the above distances may be decreased by as much as 10 feet at one end if increased by a similar or greater distance at the other end.

(2) A minimum yard space of 30 feet is required between end walls of buildings for each single- or two-story building, plus five feet for each additional story. If the buildings are at right angles to each other, the distance between the corners of the end walls of the building may be reduced to a minimum of 20 feet.

(3) A minimum yard space of 30 feet is required between end walls and front or rear faces of buildings for each single- or two-story building, plus five feet for each additional story.

H. Minimum parking setback from multiple-family buildings: 15 feet.

I. Open Space. An essential element of a multiple-family development is a written description and plan for the disposition of ownership of common open space land designating those areas to be offered to be owned by the specific form of organization proposed.

(1) At least 30% of the total acreage dedicated for a multiple-family development shall be devoted to common open space. The common open space shall be designed and arranged to achieve at least two of the following objectives, and the applicant shall demonstrate those specific measures employed to achieve these objectives:

(a) Protection of important natural resources (e.g., streams, ponds, wetlands, steep slopes, woodlands, unique geologic features, wildlife habitats, aquifer recharge areas, etc.).

(b) Protection of important historical and/or archeological sites.

(c) Usable Play, Recreation and/or Community Facilities Areas. The areas shall be provided conveniently accessible to residents of the development including uses such as active and passive recreation areas and related structures (gazebos, picnic tables, benches, playground equipment, play courts, natural and/or man-made water features, etc.), trails, meadows, etc.

(d) Integration of green belts throughout the cluster development that link residences with on-site or adjoining parks, schools or other similar features.

(2) Ownership and Maintenance of Common Open Space.

(a) The landowner shall provide for and establish an organization for the ownership and maintenance of the common open space, and such organization shall not be dissolved nor shall it dispose of the common open space, by sale or otherwise (except to an organization conceived and established to own and maintain the common open space), except by dedication of the same to the public. In any case, the organization provided for the ownership of open space land, not dedicated for public use, shall be constituted of the property owners within the multiple-family development. The common open space is an amenity which:

1) The resident of the multiple-family development shall at all times have access to the common open space contained therein.

2) The operation of the common open space facilities are intended for the use and benefit of the multifamily development residents and organization.

(3) A plan for the regular maintenance of common open space shall be provided and include:

(a) A complete description of the organization to be established for the ownership of open space, if any, and the methods by which this organization shall be established and maintained.

(b) A method reasonably designed to give adequate notice to property owners within the multiple-family development in the event of the sale or other disposition of common open space lands or in the event of assumption of the maintenance of common open space lands by the Township as hereinafter provided.

(4) In the event that the organization established to own and maintain common open space, or any successor organization, shall at any time after establishment of the multiple-family development fail to maintain the common open space in reasonable order and condition in accordance with the approved development plan, the Board of Supervisors shall serve written notice and demand that the maintenance deficiencies be corrected and, after 45 days, the Township will enter upon and maintain the same. The Board of Supervisors shall serve written notice upon the property owners' association or trustees, as appropriate, setting forth the manner in which the association or trustees has failed to maintain the common open space in a reasonable condition.

(5) The cost of such maintenance by the Township shall be assessed against the property or properties within the multiple-family development that have a right of enjoyment of the common open space, and shall become a lien on said properties. The Township, at the time of entering upon said common open space for the purpose of maintenance, shall file a notice of lien in the office of the Prothonotary of the county upon the properties affected by the lien within the multiple-family development.

J. Each application shall include documentation as to how the multiple-family residential uses are compatible with other nonresidential uses on the same parcel and with all other existing uses on parcels abutting the subject property.

K. The applicant for conditional use approval shall furnish as part of its application a traffic study prepared by a professional traffic engineer meeting the requirements of § 27-447, Subsection 1F.

§ 27-459 Alcohol Sales Within Conference or Community Center.

[Ord. No. 03-2023, 5/2/2023]

1. Within the HC, PD, and RC Zones, alcohol sales are permitted within a conference center by conditional use subject to the following criteria:

A. Each application shall include documentation from the Pennsylvania Liquor Control Board (PLCB) Bureau of Licensing that confirms an application for a PLCB license has been submitted to the PLCB including the type of license.

B. A use and occupancy permit will not be granted until documentation is provided from the PLCB that confirms an active PLCB license has been obtained including documentation of the type of license. The applicant shall acknowledge this requirement in writing in their conditional use application.

2. Within the R-1, R-2, HC, NCO, PD, and RC Zones, alcohol sales are permitted within a community center by conditional use subject to the following criteria:

A. Each application shall include documentation from the Pennsylvania Liquor Control Board (PLCB) Bureau of Licensing that confirms an application for a PLCB license has been submitted to the PLCB including the type of license.

B. A use and occupancy permit will not be granted until documentation is provided from the PLCB that an active PLCB license has been obtained including documentation of the type of license. The applicant shall acknowledge this requirement in writing in their conditional use application.