For the purpose of this Ordinance, the following regulations shall apply to all districts for all uses permitted or by conditional use.

A. No lot shall be reduced so that the area of the lot or the dimensions of the required open spaces shall be less than specified in Sections 403 and 503.

B. No yard or other space provided about any structure for the purpose of complying with this Ordinance shall be considered as part of another lot area or structure.

C. No wall, fence or other structures shall be erected or altered, and no vegetation shall be planted or maintained that may cause a potential hazard to vision of traffic on a road.

D. On a comer lot or at a point of entry on a public road, nothing shall be erected, placed or planned to grow in a manner which exceeds the height of two and one half (2.5) feet within an area bounded by the street lines of such comer lots and a line joining points on these street lines fifty (50) feet from their point of intersection.

A. A completely planted visual barrier or landscape screen of sufficient density not to be seen through and of sufficient height to constitute an effective screen and give maximum protection and immediate visual screening shall be provided and continually maintained between any commercial use and contiguous residential use or existing residential use within said commercial district.

B. Water towers, storage tanks, processing equipment, fans, skylights, cooling towers, communication towers, vents and any other structures or equipment which rise above the roof line shall be architecturally compatible or effectively shielded from view from any public or private dedicated street by an architecturally sound method which shall be approved, in writing, by the Township before construction or erection of said structures or equipment.

C. In any case in which screening of a parking lot is required, such screening shall include appropriate planting, such as a compact evergreen hedge, or a masonry wall or ornamental structure not more than four feet in height. Any such wall or similar structure shall enclose the parking lot and shall be in harmony with the general architectural design of the principal building or buildings.

A. AB shall be completely screened from view from any public right of way and any contiguous residential use. Screening shall consist of evergreen planting or an architectural screen. All organic rubbish or garbage shall be contained tight, verminproof containers which shall also be screened from view from any public right of way and any contiguous residential use.

B. The storage of tractor trailers, panel trucks and similar vehicles which supply or service establishments in Commercial District shall be prohibited, provided that such prohibition shall not apply to vehicles used by the establishment in the normal conduct of their business.

A. Any part or portion of a site which is not used for buildings, other structures, loading and parking spaces and aisles, sidewalks and designated storage areas shall be planted with an all season ground cover and shall be landscaped according to an overall plan and continually maintained.

B. No less than ten percent of a proposed parking area must be landscaped and continually maintained. Planting along the perimeter of a parking area, whether for required screening or general beautification, will be considered as a part of the required parking area landscaping.

C. All mechanical equipment not enclosed in a structure shall be fully and completely screened from view from any point in a manner compatible with the architectural and landscaping style of the remainder of the lot. Such screening shall be subject to site plan and architectural review by the Township.

In order to minimize traffic congestion and hazard, control street access in the interest of public safety and encourage the appropriate development of street or highway frontage:

A. No parking lot or area for offstreet parking or for the storage or movement of motor vehicles shall abut directly on a public street, but shall be separated from such street or highway by a raised curb, barrier planting strip, wall or other effective barrier against traffic, except for necessary accessways, and each parking lot shall have not more than two accessways to any one public street or highway for each 500 feet of frontage unless impracticable. Access to parking areas shall be provided by a common service driveway or minor street in order to avoid direct access on a major street or highway. Except for flares and curbreturns, no such accessway shall be more than 35 feet clear in width.

B. All driveways, aisles, maneuvering spaces, vehicular service areas or spaces between or about buildings, other than those relating to dwelling, shall be adequately illuminated.

C. All outside lighting, including sign lighting, shall be directed in such a way as not to create a nuisance and in every district all such a way as not to create a nuisance and in every district all such lighting shall be arranged so as to protect the street or highway and adjoining property from direct glare or hazardous interference of any kind. Any luminary shall be equipped with glare shield device approved by the Township Engineer. The height of any luminary must also be approved by the Township Board of Supervisors.

E. Driveways

1. Driveways serving more than three (3) individual dwellings, more than three principal buildings, or more than three groups of agricultural buildings are not permitted. (Amended 6/10/91)

2. Common portions of common driveways shall have a cartway of sufficient width, as determined by the Board of Supervisors, to provide safe passage for two vehicles or have a sufficient number of pullover areas to provide safe passage for two vehicles. (Amended 6/10/91)

3. Driveways, either individual or common, shall be provided for all principal buildings of all Zoning Districts. Said driveways shall provide safe access to State, Township, and private roads and shall properly manage storm water runoff. The construction of said driveway shall be in accordance with the rules and regulations of this Section. (Amended 6/10/91)

4. Width

a. The width of all driveways within the right-of-way of the public road or when carried by a bridge shall be minimum of twelve (12) feet and shall be a minimum of ten (10) feet at all other points within the property line. (Amended 6/10/91)

b. Except where the Board of Supervisors determines that limitations of lot size or lot configuration make it infeasible, or access is to a subdivision road, adequate turnaround surface shall be provided on the property so that egress to the street shall be in a forward direction. (Amended 6/10/91)Area and Dimension Regulations: Drivways

c. The width of that portion of the lot on which a driveway is located shall be a minimum of fifty (50) feet (Amended 6/10/91)

5. Intersections

a. Clear sight triangles at all driveway entrances. These shall be shown on subdivision plans. The determining sides of the clear sight triangles shall be twenty-five (25) feet along the driveway from the center of the intersecting street and the thirty-five (35) feet along the subdivision street [seventy-five (75) feet along all other streets] from the center of the driveway. Within these triangles, no structures, embankment, and no vegetation which obstructs the vision of drivers shall be permitted. (Amended 6/10/91)

b. On all comer lots, the edge of the driveway closest to the street parallel to the driveway shall be not less than seventy (70) feet ((thirty-five (35) feet under Option 5 or 6 in Article XIII) from the right-of-way of said parallel street. (Amended 6/10/91)

c. All driveways to single-family residences shall intersect streets at angles of not less than sixty (60) degrees. The angle of intersection is the acute angle made at the intersection of the center line of the driveway with the center line of the street. (Amended 6/10/91)

d. Entrance and exit drives with access to the street shall be limited to two (2) along the frontage of any single street, and their centerlines shall be spaced at least one hundred (100) feet apart. (Amended 6/10/91)

6. Stormwater Management

a. No driveway shall be designed to permit storm water to be directly discharged onto a street. Driveways shall be graded so that wherever possible, surface drainage will be discharged to the owner's property. On driveways sloping toward the public road, adequately sized pipes, swales, inlets, grates, and/or headwalls shall be installed, and gutter improvements shall be made to direct surface drainage into the road drainage system and not onto the paving of the public road. (Amended 6/10/91)

b. No driveway shall be constructed which obstructs the natural course of storm water flow across lot boundaries. (Amended 6/10/91)

c. Discharge of roof drains or downspouts onto a driveway which slopes toward the street shall not be permitted. No water discharge from any basement sump pump, foundation drain, disposal field, terrace, roof, or pavement shall be discharged directly onto the public right-of-way. (Amended 6/10/91)

d. Any person, property owner, or corporation who repaves an existing driveway and fails to maintain a proper gutter swale, as defined in this Ordinance, or otherwise creates a blockage to the flow of storm water with a road drainage system thereby causing the storm water to be directed onto the traveled portion of the road shall be in violation of this Ordinance.(Amended 6/10/91)

7. Grade

The grade of a driveway within thirty (30) feet of the edge of the cartway of the public road shall not exceed five (5) per-cent. The drive within the property line shall not exceed fifteen (15) percent. Grades adjacent to garages shall not exceed seven (7) percent. (Amended 6/10/91)

A. Off-street parking spaces shall be required for all uses related to residential, commercial and public purposes.

B. There shall be no parking in Township roads or rights of way. Temporarily parked cars are exempt from this regulation at the discretion of the Zoning Officer. Circumstances that might cause a car/vehicle to become a "temporarily parked car" include, but are not limited to rn mechanical failure, elections, one time private parties and construction. Temporarily parked cars shall not impede the flow of traffic. (Amended 6/24/96)

C. Off-Streeet parking spaces [Amended 1/5/98]

1. If parking is along a curb or other raised obstruction then the size of each parking space shall be ten (10) feet by twenty (20) feet in size, exclusive of required access to and from parking, as shown in Appendix D.

2. If parking is not along a curb or other raised obstruction then the size of each parking space shall be ten (10) feet by eighteen (18) feet, exclusive of required access to and from the parking as shown in Appendix

3. Aisle between rows of parking spaces shall be twenty-four (24) feet as shown in Appendix D.

D. Residential - Property owners shall provide an off street parking space for every vehicle used by every occupant of each dwelling unit on the property. A minimum of two (2) parking spaces are required per dwelling unit. An attached or unattached garage on the property , or that portion of driveway exclusive of road right of way may be considered as parking spaces. (Amended 6/24/96)

E. One (1) parking space is required for every four (4) seats provided within a public or private assembly including places of worship, schools, funeral parlors, theaters or eating establishments.

F. One (1) parking space is required for the following square feet of floor space designated by use classification. (Amended 6/10/91) .

1. Retail Sales - 100 square feet

2. Office Space - 200 square feet of gross floor area

3 . Light Manufacturing - for each employee on the shift of greatest employment, or for every one thousand (1000) square feet of gross floor area (whichever is greater), plus one (1) for each company owned vehicle.

4. Warehousing - Same as Light Manufacturing

5. Wholesale Sales - Same as Light Manufacturing plus one (1) for every 100 square feet of display area (if any).

G. For any commercial building the following shall apply: (Amended 6/10/9 1)

1. For all retail operations the number of truck loading/unloading berths on the premises shall be a minimum of (1) one. Multiple stores may share the same berth(s). Loading/Unloading berths shall be provided as per the following calculation. One berth for each 5,000 square feet or fraction thereof. (Amended 6/10/91)

2. For office operations the number of truck loading/unloading berths on the premises shall be a minimum of

(1) one. Multiple offices may share the same berth(s). Loading/Unloading berths shall be provided as per the following calculation. One berth for each 10,000 square feet or fraction thereof. (Amended 6/10/91)

3. For warehouse operations the number of truck loading/unloading berths on the premises shall be a minimum of (1) one. Multiple storage operations may share the same berth(s) provided the operations are physically connected. Loading/Unloading berths shall be provided as per the following calculation. One berth for each 7,000 square feet or fraction thereof. (Amended 6/10/91)

4. For manufacturing operations the number of truck loading/unloading berths on the premises shall be a minimum of (1) one. Multiple manufacturing operations may share the same berth(s) provided the operations are physically connected. Loading(Unloading berths shall be provided as per the following calculation. One berth for each 8,000 square feet or fraction thereof, (Amended 6/10/91)

H. Emergency and Temporary Parking Regulations

1. Temporarily parked cars shall not impede the flow of traffic.

2. Emergency Conditions - There shall be no parking allowed within two feet of the paved cartway of any Township road in any district during ice or snow storms or other hazardous conditions as deemed necessary.

1. The Board of Supervisors shall determine the appropriate parking requirements for uses other than those specified in this section. These requirements shall be consistent with the standards established for comparable buildings and uses.

A. All dwelling units, excluding apartments, may house a home occupation.

B. The following standards shall apply to a home occupation

1. Such occupational shall be incidental or secondary to the use of the property as a residence. (Amended 6/10/91)

2. The principal person so employed shall be a domiciliary resident of the dwelling unit. (Amended 6/10/91)

3. No more than (2) persons or the equivalent of two (2) persons shall be employed full-time by the resident (Amended 6/10/9 1).

4. One (1) off-street parking space for each employee shall be provided to eliminate the need for any parking in the street or road right-of-way as a result of the home occupation. (Amended 6/10/91)

5. The area used for the practice of a home occupation shall occupy no more than twenty-five (25) percent of the total floor area of the dwelling unit. The floor area of accessory structures used in the home occupations shall not exceed fifty (50) percent of the foot print of the dwelling unit. (Amended 6/10/91)

6. All home occupation activity shall be conducted in such a way that it meets the standards of Section 502.B.2 through 505.B. 5 inclusive, of this Zoning Ordinance. (Amended 6/10/9 1)

A. Purposes - the purposes of these provisions are as follows: (Amended 6/22/81)

1. To limit the disposal of solid waste within the Township to sanitary landfills to be sited as hereinafter prescribed.

2. To permit the siting of sanitary landfills within the Township and, in connection therewith, to assure that such siting will be consistent with the public health, safety, morals and general welfare of the Township.

3. To assure that the siting of sanitary landfills will be consistent with (A) all federal, state and county statutes, regulations and other requirements as to sanitary landfills; (B) the terms of all permits issued by the Pennsylvania Department of Environmental Resources ("DER") and any other governmental authorities, including, without limitation, the proposed location and service area for sanitary landfills.

4. To protect environmentally sensitive areas of the Township, preserve the valuable natural resources of the Township and, in general, to assure that the siting of sanitary landfills within the Township is confined to environmentally suitable areas.

B. Definitions as used in this Section, the terms hereinafter set forth shall have the meaning indicated below:

AQUIFER : means a geologic formation, group of formations or part of a formation that is capable of yielding usable quantities of ground water to wells or springs.

AQUIFER RECHARGE ZONE : means an area through which water enters an aquifer.

BASE FLOOD : means a flood that has a one percent or greater chance of recurring in any year or a flood of a magnitude equaled or exceeded once in 100 years on the average over a significantly long period. In any given 100 year interval, such a flood may not occur, or more than one such flood may occur.

DISPOSAL : means the discharge, deposit, injection, dumping, spilling, leaking or placing of any solid waste into or on any land or water so that such solid waste or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters, including ground waters.

FLOOD PLAIN : means the lowland and relatively flat areas adjoining inland and coastal waters, including floodprone areas of offshore islands, which are inundated by the base flood.

GENERATE : means the act or process of producing solid waste.

HAZARDOUS WASTE : means a solid waste, or combination of solid wastes, which, because of its quantity, concentration or physical, chemical or infectious characteristics may:

a. cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible or incapacitating reversible illness; or

b. pose a substantial present or potential hazard to human health or the environment when improperly treated, stores, transported, or disposed of, or otherwise managed.

OPEN DISPOSAL : means a site for the disposal of solid waste which is not a sanitary landfill within the meaning of Section 4004 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976, 42 U.S. C. Section 6944 ("RCRA").

PERSON : means an individual, trust, firm, joint stock company, corporation (including a government corporation), partnership, association, state, municipality, commission, political subdivision of a state, or any interstate body.

SANITARY LANDFILL : as used in this Ordinance is a facility for the disposal of solid waste which meets the standards published by the state and/or federal government under RCRA (as referred to above) or Pennsylvania Solid Waste Management Act or a facility for the land surface disposal of solid waste.

SOLID WASTE : means any garbage, refuse, sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility and other discarded material, including solid, liquid, semisolid, or contained gaseous material resulting from industrial, commercial, mining and agricultural operations, and from community activities.

C. Applications for Sanitary Landfills as a Conditional Use.

1. Procedure; submission - Any person wishing to establish and operate a sanitary landfill shall submit to the Board of Supervisors ("Board") the following information, where applicable.

a. A copy of its application to DER or other state or federal agency having jurisdiction for a Solid Waste Management Permit ("State Landfill Permit').

b. In the event the amount of earth to be distributed (including access roads, buffers and screens) shall exceed 25 acres, a copy of (1) its application to DER for an Erosion and Sedimentation Control Permit, and (2) its Erosion and Sedimentation Control Plan.

c. Evidence, which may take the form of a certification by the Chester County Board of Commissioners ("County Commissioners"), that the application for (1) a State Landfill Permit, and (2) the, is consistent with the County Plan.

d. Maps of the proposed sanitary landfill site showing the following characteristics:

i. topography ii. rock formations iii. soil classifications iv. proximity of site to surface water and uses of such surface water

v. groundwater study, including location of all aquifers and aquifer recharge zones

vi. wetlands

vii. flood plains

iix. the names of adjacent owners and the land uses of their property

ix. any existing and/or proposed natural or artificial buffers

x. nearby historical sites xi. nearby schools, hospitals and other congested areas xii. areas of prime agricultural land xiii. wildlife habitats xiv. vegetation xv. existing use of the property

e. Written description as to the operating experience, financial status and other pertinent data concerning the applicant and, if different, the owner(s) and proposed manager.

f Types and places of origin of sold waste to be eligible for disposal.

g. Plans for the restoration of the site upon termination of the landfilling activities.

h. Provisions for leachate collection, treatment and disposal, and gas migration control.

i. Source of cover material sufficient for the project.

j. Adequate provisions for public services, including water, sewer, police and fire.

k. Proposed access routes, including roads and bridges (including their capacity), traffic plan and types, size and capacity of disposal vehicles.

l. Proposed fee schedule

m. Anticipated rate of solid waste disposal and estimated useful life of the facility.

n. The intended proposed hours of operation.

o. Proposed methods for buffer and screening, litter control, dust management and well monitoring to determine a breach in landfill liner.

Provided, that to the extent any such information is already contained in the applicant's application for State Landfill Permit, such information may be incorporated by reference in the application for conditional use and provided further that the application for conditional use shall contain any such other information as may be requested by the Board in order to assist the Board in determining whether or not such application shall be granted.

2. Public Ownership

In the event (A) an applicant wishes to establish and operate a sanitary landfill which would involve disturbing more than 25 acres of earth, including access roads, buffers and screens, or (B) if the applicant intends to make the sanitary landfill available for the disposal of solid waste generated from

3. Environmental Assessment

a. Every application for conditional use shall be accompanied by an environmental assessment, which shall indicate (1) any existing sanitary landfill sites within the Township, (2) any adverse environmental impacts of the proposed sanitary landfill, including an indication of those adverse environmental effects which cannot be avoided, (3) any efforts which can be employed to mitigate or avoid such adverse environmental effects, and (4) any irreversible and irretrievable commitments of resources which would be involved if the application is granted.

b. Since any solid waste disposal facility that does not comply with the Classification Criteria promulgated by the United States Environmental Protection Agency ("EPA") under Section 4004 of RCRA will be classified as an "open dump", rather than a "sanitary landfill", and therefore be subject to closure by the state and/or any citizen action under RCRA, the environmental assessment must demonstrate compliance with such Classification Criteria. Until such time as EPA's final Classification Criteria are promulgated under RCRA, the Proposed Classification Criteria contained in the February 6, 1978 Federal Register Part II at pp. 4942-4955, inclusive, shall be addressed by the applicant to comply with the requirements of this Section 808.C.3.b.

4. Traffic Study

Every application for shall be accompanied by a traffic study, prepared by a traffic engineer, showing the existing and potential traffic in the area of the proposed sanitary landfill and the projected traffic after its completion and full operation.

D. Requirements and Standards Applicable to Sanitary Landfills.

In considering the application for a for a sanitary landfill site, the Board shall, prior to approval of a site for use as a sanitary landfill, do the following:

1. Assure itself that the application complies with the requirements of RCRA, including, without limitation, the Classification Criteria referred to in Section 808.C.3 above.

2. Require that the applicant obtains a State Landfill Permit from DER prior to the commencement of operations.

3. Require that the application complies with the requirements of the county plan.

4. Require that no hazardous waste be permitted to be disposed of in such sanitary landfill.

5. Require that the sanitary landfill:

a. contain a leachate collection treatment and disposal system protect the surface and ground water,

b. be adequately screened off by buffer zones from adjacent properties, and

c. be properly fenced to prevent access at other than designated patrolled locations and so as to further prevent the dissemination of papers and other trash outside the site and any other nuisance on adjoining properties.

6. Require that the sanitary landfill's location be within safe and adequate access to public roads at all times, and that such public roads are in compliance with all other provisions of the Zoning Ordinance of the Township.

7. Require that the cost of improving and maintaining any access roads, as well as providing municipal services, be assessed against the applicant either through contribution of money sufficient to pay for such improvements, maintenance and services, or by the assessment of fees on the operation of the sanitary landfill, sufficient to pay for such improvement, maintenance and services.

8. Require that all trucks entering and leaving the sanitary landfill site be covered and a daily patrol of litter along such access roads be provided.

9. Require that the final grading of the land after completion of the use of the sanitary landfill site assure that the site is left in a useful condition so that it can be offered for future dedication to the Township for park and/or recreational facilities, and a bond in the amount of 10% of the construction costs be posted to assure the Township that the property is left in such condition.

10. Require that the proposed fee schedule assures that the fee for disposal of solid waste generated from within the Township be not greater than the fee charged for disposal of such waste generated outside the Township.

11. Require that the hours of operation of the sanitary landfill be limited to 6:00 a.m. to 6:00 p.m., Monday through Saturday.

12. Insofar as not specifically referred to herein above, there shall be a further condition of the issuance of a permit hereunder, the applicant shall have the burden of establishing by a fair preponderance of the evidence that it complies with the standards and criteria set forth in the Pennsylvania Solid Waste Management Rules and Regulations (Chapter 75 PA Code 75.1 et seq) which are applicable to the particular kind of waste storage disposal.

13. If the Township deems it necessary in the exercise of its proper discretion, it may require a bond as contemplated by Section 505 of Act 97 of 1980 (Solid Waste Management Act) for the proper protection and furtherance of the public health, safety and general welfare, notwithstanding the disposal facility may not be accepting hazardous waste as defined thereunder.

E. After the filing of the application for conditional use for sanitary landfill site, the Board shall hold a public hearing pursuant to public notice as provided by law.

F. Determination by the Board of Supervisors

The Board shall, within 120 days after the date of such public hearing, or any continued hearing, render a final decision and shall, by official written communication to the applicant, either:

1. approve the application as presented;

2. disapprove the application as presented;

3. or approve the application subject to specified conditions, the failure to comply with which shall provide grounds for revocation of such approval.

In the event that the Board should fail to act within the foregoing 120-day period, the application shall be deemed to be approved.

G. Violations

In the event that the sanitary landfill shall be operated in a manner other than permitted by the conditional use, the owner and operator shall be subject to a fine of $500 per day for each day of such violation, and in the event such violation is not cured within 20 days after notice thereof from the Board, then the conditional use shall be subject to termination by the Board after an opportunity is afforded to the owner and/or operator for contesting such notice of violation and/or cure, provided that if at such hearing the Board shall find that such violation cannot be cured within 20 days, then the conditional use shall be subject to termination at any time the Board shall find that such cure was not commenced within said 20 days or was not continued diligently thereafter until completion.

These provisions shall be in addition to any rights, remedies or proceedings under Article X of this Ordinance.

H. Miscellaneous

1. In the event the applicant should ever be enjoined from operating the sanitary landfill site, or shall have its State Landfill Permit suspended or revoked, the conditional use theretofore granted by the Township, pursuant hereto, shall similarly be suspended or terminate.

2. The provisions of this Section are severable, and if any provision or part thereof shall be held invalid or unconstitutional or inapplicable to any person or circumstances, such invalidity, unconstitutionality or inapplicability shall not affect or impair the remaining provisions of the Ordinance.

3. Nothing in this Section shall be deemed to affect or otherwise be inconsistent with any provision of (A) any statute of the Common wealth of Pennsylvania, including, without limitation, the Pennsylvania Solid Waste Act or the rules and regulations promulgated pursuant thereto, (B) any federal statute, including, without limitation, RCRA or the rules and regulations promulgated pursuant thereto, or (C) the county plan.