Section 809 - Landfill/Land Surface Disposal Areas - Building Permit Regulations

A. Any land within the Township which has been used as a sanitary landfill or land surface disposal area for the disposal of solid waste, as defined in Section 808 of this Ordinance, shall be designated on a map which shall be known as the London Britain Township Disposal Area Map, which shall be available for inspection through the Secretary of the Board of Supervisors. (Amended 6/15/81)

B. No permit, as required under Section 1003 of this Ordinance, shall be issued for any land falling within such disposal area, unless the following requirements are fulfilled:

1. a notation on the records of the Recorder of Deeds of Chester County that said land has been used as a landfill or land surface disposal area, together with reference to the permit number, if any;

2. that there has been no disposal or application of solid waste to the area within two years of the date of the application for permit;

3. a soil analysis performed by a qualified professional which demonstrates that the soil subject to disposal of solid waste does not have a microbiological contaminant content and a heavy metals content (Ag, As, Ba, Cd, Cu, Cr, Hg, Ni, Pb, Se, Zn) or any organic chemical content (endrin, lindane, methoxychlor, toxaphene, 2,4-D, 2,4,5-TP silvex) exceeding that of the nearest adjacent land which has not been subject to solid waste disposal.

Section 810 - Private Swimming Pools

A. A private swimming pool is one which is intended for and is to be used solely for the enjoyment of the occupants of the principal residence and their guests and for which there is no regular fee or admission charged. (Amended 6/10/9 1)

B. The edge of said pool shall not be located less then: (Amended 6/10/9 1)

1. 40 feet from the street or road right-of-way

2. 50 feet from the rear property line

3. 70 feet aggregate (25 each side) from each side property line.

C. Any such pool with a surface area in excess of one-hundred-fifty square feet (150 sq.) and a depth in excess of two feet (2'-0") shall be completely surrounded by a barrier sufficient to prevent entry by the exertion of normal human physical force. (Amended 6/10/9 1)

Section 811 - Storage of Motorized Vehicle

No more than two (2) unregistered or uninspected motor vehicles shall be stored outside of a building, unless screened so as to comply with Section 803.A of this Ordinance. Any motor vehicle not stored in a building and in a state of major disassembly, disrepair or in the process of being stripped or dismantled shall be so screened as to comply with Section 803.A of this Ordinance. (Amended 6/10/91)

Section 812 - Water Discharge from Properties

A. The flow of water on a lot shall be designed so that it is controlled in a manner not deleterious to conservation districts, ponds, lakes, creeks, streams and adjoining lots. (Amended 6/10/91)

B. Storm drainage facilities shall be provided, as necessary, to permit unimpeded flow of natural water courses, insure adequate drainage of low points along streets and provide drainage away from sewage tile fields and foundations. (Amended 6/10/91)

C.. Storm drainage facilities shall be designed to maintain the existing peak of flow off the property. Subsurface drainage facilities (dry wells, infiltration trenches, etc.) are required unless soil conditions render them inappropriate. (Amended 6/10/91)

D.. Pipes are required under driveways crossing the roadside swale. The minimum pipe size is 15". The driveway pipe shall have adequate cover to avoid crushing under normal traffic. A detail on the driveway pipe shall be shown on the preliminary and improvement construction plans. (Amended 6/10/91)

E.. Driveways shall be designed so that storm water runoff does not result in erosion debris being carried onto the street. (Amended 6/10/91)

Section 813 - Trails



A. When a subdivision or land development proposal is traversed by or abuts an existing trail customarily used by pedestrians and/or equestrians, the applicant shall make provision for the continued recreational use of the trail.

B. The applicant may alter the course of the trail within the tract for which development is proposed provided the proposed alteration exhibits quality trail design according to generally accepted principles of landscape architecture. The Township recommends the Department of Environmental Resources publication Non-motorized Trails, prepared by the Pennsylvania Trails Program of The Bureau of State Parks as a guide for the development of high-quality trails.

C. An applicant may propose and develop a new trail if said trail is available for use by the general public.

D. Improvements to trails shall demonstrate adherence to principles of quality trail design, enhancing the enjoyment of the rural qualities of the Township.

E. No trail shall be designed with the intent to accommodate motorized vehicles.

F. Trails and their easements shall be dedicated to the public sector, donated to a private conservation organization, or placed under the care of a community association in order to assure continuing maintenance of the trail and trail easement.

Section 814 - Fences

A. A permanent fence may be used as a property line marker. (Amended 11/8/93)

B. Fences shall be made of wood, masonry, metal, architectural plastic and/or shrubbery, and shall not exceed eight feet in height unless required to do so by this ordinance. No barbed wire shall be permitted except for agricultural purposes. (Amended 11/8/93)

Section 815 - Creeks and Streams

The following review and design criteria shall apply to all new projects proposing to cross, or build within twenty-five feet of an existing or intermittent stream in London Britain Township.

Review Criteria Creeks

Transportation, recreation and utility corridors and facilities, and other water resource projects, shall be designed to protect the White Clay Creek and Cristina, watersheds through application of the following:

I. Assessment of.

A. Impacts on the free flowing character of the watershed.



B. Effect on related environmental factors and ecological systems involved, including adjacent lands, waters, aesthetics, fisheries, recreational, floodplain, wildlife, vegetation, and historic and archeological-values, and use as a wildlife corridor.

C. Cumulative impacts

D. Alternatives available to the applicant.

E. Secondary effects likely to be caused or encouraged by the project.

F. Economic factors, including the need for resource protection measures in the approximate area in the future.

G. Other relevant factors.

II. In addition to the general assessments described above, the following specific items need to be considered:

A. For all projects:

1. The facility shall be located to take advantage of existing topography and vegetation.

2. The facility shall be located, constructed and maintained so that it does not lead to accelerated bank erosion or degradation of streams and related resources.

3. Removal of trees, shrubs, and other vegetation shall be kept to a minimum, for the protection of water quality, fish and wildlife habitat, visual quality and related values.

4. Only minimal filling of wetlands and floodplains shall occur.

5. Construction shall incorporate the use of materials that blend with the natural setting.

6. During construction, strict erosion control measures shall be taken to prevent sediment from reaching the river. Only minimal clearing of existing vegetation, clearing, grubbing and grading shall be performed.

7. The construction area shall be restored to as natural a condition as possible immediately following construction.

8. Following construction, whatever special measures needed to restore the natural appearance of the area, stabilize river banks, discourage damaging off-road vehicle or other recreational use, and enhance fish and wildlife habitat shall be taken.

9. Materials used for bank stabilization following construction shall maintain and enhance the natural and aesthetic qualities of the area.

10. Biodegradable materials such as burlap, jute netting or blankets made from coconut fiber shall be used to hold vegetative plantings in conjunction with slope stabilization and other erosion and sedimentation control measures.

11. Specifications regarding stabilization efforts and re-vegetation shall be consistent with the goals of maintaining stream width as near as possible to the original width, and to provide early re-vegetation of the area.

12. If re-vegetation is required within the riparian buffer, native plant materials commonly found in that area shall be used.

13. The time and method of planting native vegetation shall occur in a manner that ensures maximum survival and growth of plant species.

14. Work shall be performed at the time of year when the stream is experiencing low flow conditions to minimize impacts to fish and macroinvertebrate populations based upon recommendations from the Fish and Boat Commission.

B. For corridors and rights-of-way:

1. Planning for new rights-of-way shall identify existing nearby rights-of-way which the proposed facility might share or be located adjacent to.

2. Establishment of new corridors shall anticipate future needs in that area, and attempt to accommodate those needs, so that additional future intrusions into designated areas will be minimized.

3. The narrowest width right-of-way necessary to facilitate construction and maintenance of the facility shall be used.

4. The low points of approach on the corridor shall be far enough landward of the water's edge to direct runoff to a vegetated area away from any stream.

5. Upon reaching the riparian forest buffer during clearing operations for overhead transmission or communication lines, tall-growing tree species may selectively be removed. Shrubs, low- growing tree species with a mature height of less than 20 feet, and other vegetation shall be left as natural as possible.

6. Management of trees, shrubs, and other vegetation for maintenance of all rights-of-way shall be done manually in the riparian forest buffer. However, appropriate herbicides may be applied by hand to stumps of selectively cut trees, where establishing and maintaining a low growing shrub community. Selective hand application of certain pesticides to control insect or disease infestations is acceptable.

C. Stream Crossings

1. Bridge and culvert structures. In order to safe guard the free-flowing character of streams and protect scenic, recreational and fish and wildlife values, and maintain wildlife corridors:

a. Bridges shall be:

i Clear-span structures (means spanning the entire width of the waterway, and having no piers, piles, abutments or other structures located below the ordinary high water mark).

ii Low profile, and constructed of materials which blend with the natural surroundings as much as feasible.

iii Where watercraft and/or fisherman passage is required, a vertical clearance of 5 feet between the ordinary high watermark and the bottom of the bridge is desired.

b. Culverts shall provide for a natural streambed under the structure, either by using a bottomless structure or by recessing the culvert bottom a minimum of 12 inches below the stream bottom. Multiple culverts may be used to accommodate stormwater. One culvert shall maintain the natural streambed as described above. Additional culverts shall be above the stream bottom and do not need to maintain the streambed.

c. There shall be no reduction of the water way area passing through the bridge or culvert.

2. The stream shall be crossed by a method which minimizes disruption to the streambed. Streams shall be crossed at the point and time least damaging to fishery resources and aquatic organisms and generally at right angles.

3. If aerial crossings are used, they shall be designed to accommodate safe recreational use of the river in addition to protection of the streambanks.

4. A single-span stream crossing is preferred wherever possible, maintaining proper vertical clearance over the waterway and proper structure height for minimal adverse visual impact.

5. Underground installation is preferred for all new utility lines except: power lines of greater than 35 KV; where new fines are to be placed on existing poles, towers or bridges; or where burying is proven to be infeasible because of geologic constraints.

6. Directional boring will be the preferred method of crossing stream channels. Open cut construction across the stream is discouraged, except for large diameter installations such as a sewer or water main.

7. Towers and poles shall be removed when elimination of existing above-ground facilities occurs.

8. The width of the streambed shall not be altered.



D. Other Structures