Pequea Township

ARTICLE 15

BUILDING LINES AND ROAD CLASSIFICATIONS

Section 1500 Building Lines and Road Classifications Established

Building lines and road classifications are hereby established

on all existing and proposed public roads within the Township.

Except as provided in other sections of this Ordinance, no

buildings or structures shall be placed between the building

line and right-of-way line as a public road. In the case of a

proposed street, the building line and the street classification

shall be shown on the subdivision plan. When various arterial,

collector or local access roads are referred to in any Section

of this Ordinance for any purpose, they are named and classified

in this Article. State Road is abbreviated "SR".

Section 1501 Building Lines on Urban Principal Arterial (UPA)

Roads

A) Distance. The building line on all urban principal arterial

roads shall be established as the greater of:

1) One hundred (100) feet from the center line of the existing

or proposed road; or

2) Fifty (50) feet from the edge of the existing or proposed

right-of-way.

B) Urban Principal Arterial Roads Named. For purposes of

applying the standards in this Ordinance, the following

public roads are classified as urban principal arterial

roads:

1) Willow Street Pike (SR - 0272) from West Lampeter Township

to Providence Township.

Section 1502 Building Lines on Rural Minor Arterial Roads

A) Distance. The building line on all Rural Minor Arterial

Roads shall be established as the greater of:

1) Eighty (80) feet from the center line of the existing

proposed road; or

2) Forty (40) feet from the edge of the existing or proposed

right-of-way.

B) Rural Minor Arterial Roads Named. For the purposes of

applying the standards in this Ordinance, the following

public roads are classified as Rural Minor Arterial Roads:

1) Millersville Road (SR - 0741) from Conestoga Creek to

Long Lane.

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2) Long Lane (SR 0741) from Marticville Road to West

Lampeter Township.

Section 1503 Building Lines on Rural Major Collector Roads

A) Distance. The building line on all rural major rural collector

roads shall be established as the greater of:

1) Eighty (80) feet from the center line of the existing or

proposed road; or

2) Forty (40) feet from the edge of the existing or proposed

right-of-way.

B) Rural Major Collector Roads Named. For the purposes of

applying the standards of this Ordinance, the following

public roads area classified as Rural Major Collector Roads:

1) New Danville Pike (SR - 0324, SR - 3022) from Conestoga

Creek to Conestoga Township.

2) Marticville Road (SR - 0324) from New Danville Pike to

Martic Township.

Section 1504 Building Lines on Rural Minor Collector Roads

A) Distance. The building line on all Rural Minor Collector

Roads shall be established as the greater of:

1) Sixty (60) feet from the center line of the existing or

proposed road; or

2) Thirty (30) feet from the edge of the existing or proposed

right-of-way.

B) Rural Minor Collector Roads Named. For the purposes of

applying the standards of this Ordinance, the following

public roads are classified as Rural Minor Collector Roads:

1) Long Lane (SR - 3032) from Conestoga Township to

Marticville Road.

2) Millwood Road (SR - 3009) from Long Lane to Baumgardner

Road.

3) Baumgardner Road (SR - 3026) from Millwood Road to

Willow Street Pike.

4) Rawlinsville Road (SR - 3009) from Baumgardner Road to

Martic Township.

5) Penn Grant Road (T-559) from Millwood Road to SR 0272.

Section 1505 Building Lines on Local Access Roads

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A) Distance. The building line on all local access roads shall

be established as the greater of:

1) Fifty (50) feet from the center line of the existing or

proposed road; or

2) Twenty-five (25) feet from the edge of the existing or

proposed right-of-way.

B) Local Access Roads Named. For the purpose of applying the

standards of this Zoning Ordinance, all private and public

roads not specified in Sections 1501, 1502, 1503, and 1504

shall be considered local access roads.

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ARTICLE 16

RESERVED

Pequea Township Zoning Ordinance 220

12-21-04

ARTICLE 17

GENERAL REGULATIONS

Section 1700 General Intent and Application

Unless otherwise stated, the regulations and restrictions

established in this Article are intended to apply to all

Districts in Pequea Township.

Section 1701 Height

A) Height Limit Exception. The height limitations of this

Ordinance shall not apply to silos, church spires, belfries,

cupolas, monuments, water tanks, ventilators, transmission

towers, windmills, chimneys, smokestacks, flagpoles, masts

and aerials not intended for human occupancy so long as such

structures comply with state and federal regulations.

B) Tower and chimney location - Minimum setback distance shall

be equal to the height of the tower or chimney, but under no

circumstances shall be less than fifty (50) feet from any

lot line.

Section 1702 Yards

All areas allocated for or necessary under this Ordinance to

satisfy any area requirements in relation to any existing or

subsequently-constructed building, shall not be counted as part

of any required yard or required area in relation to any other

building or yard.

Section 1703 Multiple Structures on a Lot

In any district, more than one (1) structure having a permitted

or permissible use may be erected on a single lot provided that

yard and other requirements of this Ordinance shall be met for

each structure as though it were on an individual lot.

Notwithstanding the foregoing, the erection of dwellings on lots

located within the Agricultural District shall be controlled by

the provisions of Article 5. Prior to the erection of a second

principal structure on a lot, subdivision and/or land

development approval shall be obtained from the applicable

governmental body.

Section 1704 Toxic Matter

The provisions of Section 1732(B)(11) shall apply in all

districts.

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Section 1705 Prohibited Uses in All Districts

In addition to the requirements specifying permitted uses

allowable in each District, the following uses are listed to

further describe the nature, character and type of uses not

included as a permitted use, and therefore prohibited in any

District in the Township (unless excepted) as follows:

A) Any use that involves the use or production of dangerous and

hazardous materials or products except as provided in

Section 1732.

B) Any use not in compliance with air pollution standards of

the Commonwealth of Pennsylvania.

C) Any use not in compliance with water pollution standards of

the Commonwealth of Pennsylvania.

D) Sky rides, ferris wheels, roller coaster, shooting

galleries, and similar recreation center devices. This does

not include such facilities associated with transient fairs,

carnivals, circuses or other similar traveling amusements.

E) Manufacture or storage of explosives or fireworks in

violation of acts of the Pennsylvania Legislature. No use

shall endanger surrounding areas by reason of fire, explosion,

or any other safety hazard except as regulated in

Section 1732(B)(12), (13), and (14).

F) Artificial lighting facilities of any kind which create

glare beyond criteria in Section 1732(B)(15).

G) Radioactive Radiation [see Section 1732(B)(17)].

H) No use shall result in electrical disturbances to nearby

residences or on other properties nor adversely affect the

operation of equipment other than on the property where the

use is located [see also Section 1732(B)(19)].

I) No use shall result in vibration exceeding the average

intensity of vibration occurring from other causes at the

property line.

J) No use shall produce perceptible heat beyond the property

line, or, in the case of a use in an Industrial or

Commercial District [see Section 1732(B)(18)].

K) Dust and Particulates. Except in the Agricultural District

and requirements in Section 1732(B)(7) for industrial and

commercial uses, no dust or particulates are allowed over

the lot line.

L) No use shall create any congestion or hazardous traffic

conditions on a street or highway or in an adjacent area,

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nor generate a nuisance to surrounding property by reason of

truck traffic.

M) No use shall create any other objectionable condition in an

adjoining area which will endanger public health and safety,

or which will be detrimental to the proper use of the

surrounding area.

Section 1706 Corner Lots and Visibility

A front yard, as provided in the area and lot requirements for

the various Districts, shall be required along each street on

which a corner lot abuts. The other yards shall be side yards.

On any lot, no wall, fence, or other structure shall be erected,

altered, or maintained, and no hedge, tree, or other growth

shall be planted or maintained which may cause danger to traffic

on a street by obscuring the view. On corner lots, no

structure, or obstructing growth shall be permitted within an

area which is formed by a triangle where the two legs of the

triangle extended to one hundred (100) feet from the centerline

intersection of the two intersecting streets.

Section 1707 Access to Structures

See Sections 1401, 1402, and 1403.

Section 1708 Explosive or Corrosive Substances

The use, storage, or disposal of explosive or corrosive

substances shall be prohibited in all Districts except upon

compliance with all other governmental regulations, the

obtaining of all necessary permits from all governmental

entities and upon the submission of a plan to the Zoning Hearing

Board which demonstrates, by clear and convincing evidence, that

the proposed use, storage or disposal will not pose a threat to

the health, safety and welfare of the community and neighboring

residents or to neighboring lands. In granting such a permit,

the Zoning Hearing Board shall impose such conditions as may be

necessary to protect the public health, safety and welfare. Use

of such substances shall also comply with Section 1732.

Section 1709 Design Standards for Lots not Served by Public

Utilities

Regardless of any other design standards, the following

requirements shall be applied to all lots not served by both

public sewer and public water facilities:

A) Minimum Lot Area. One (1) acre (43,500 sq. ft.) The

minimum lot requirements imposed by this Section assume

compliance with all DER regulations pertaining to sewage

disposal. For those lots using on-site sewage disposal

systems in an area within one-half mile of a well in which

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the water has been shown to contain nitrogen-nitrate levels

exceeding five (5) parts per million, a hydrogeologic

analysis is required to determine the minimum lot size or

the size of a sewage effluent dispersion plume easement.

The minimum lot area with on-lot sewage disposal may be

larger than one (1) acre in areas with groundwater

containing elevated nitrate-nitrogen levels based on the

findings of hydrogeologic studies required by the DER or the

Township. If approved by DER, a sewage effluent dispersion

plume easement may be used in combination with the minimum

lot size of one (1) acre to satisfy the minimum lot size

determined by the hydrogeologic study. In the R-1 and R-2

Residential Districts, the Commercial District and the

Industrial District, the minimum lot size shall be at least

twice as large as the minimum lot size in the applicable

zoning district in order to enable the subdivision of such

lot should public sewer service become available in the

future.

B) Minimum Lot Width. One hundred fifty (150) feet.

C) Minimum Lot Depth. Two hundred (200) feet.

D) Yard Requirements. Unless otherwise provided in this

Ordinance, all buildings shall be set back from the rightof-

way line of public roads and from all lot lines the

following minimum distances:

1) Front yard. The distance set forth in Article 15

between the center line or right-of-way line, whichever

applicable, of a public road and the building setback

line.

2) Side yard. There shall be two (2) side yards each

having a minimum width of twenty (20) feet.

3) Rear yard. The rear yard shall have a minimum depth of

sixty (60) feet.

E) Maximum Lot Coverage. Impervious areas shall cover no more

than twenty (20%) percent of the surface area of a lot or

less if district requirements or other regulations govern.

F) Height Regulations. No building may exceed thirty-five (35)

feet in height except as provided in Article 17 of this

Ordinance.

Section 1710 General Landscape and Buffer Regulations

A) Legislative Intent. It is the intent of these regulations

to protect and preserve and improve the natural resources of

the Township. Installation of ground cover and plant matter

prevents erosion and lessens storm water management

problems. Requirements concerning minimum landscape areas

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shall aid in ground water recharge within the Township.

Glare, dust, noise and heat in summer will also be lessened

by buffers and screens. Trees can provide a wind break in

the winter. Landscaping can also provide food and shelter

for wildlife and help decrease air pollution and the

greenhouse effect. Proper landscaping will preserve the

rural character of the Township and scenic views while

permitting orderly development by providing the amenities

that property owners desire and that are in harmony with

existing trees and vegetation. Wider corridors for wildlife

allow for their continued existence despite development. It

is the intent to increase plant matter as development

occurs.

B) Submission of Landscape Plans.

1) All applicants for zoning permits for uses other than

agriculture or other than a residential development of

three (3) or fewer lots or dwelling units shall present

proof that the applicant has complied with the

requirements of this Section 1710 concerning submission

and review of landscape plans as part of the subdivision

and land development approval process.

2) The applicant shall submit a preliminary landscaping

plan, including the point values chart or matrix, to the

Township Planning Commission and the EAC prior to the

submission of any land development or subdivision plan

to applicable subdivision and land development approval

body. The applicant shall submit four (4) copies of the

preliminary landscape plan to the Township together with

a copy of the preliminary plan.

3) If the applicable subdivision and land development

ordinance does not require submission of a preliminary

plan, the applicant shall submit the landscape plan and

supporting information to the Township Planning

Commission and the EAC prior to submission of a final

plan to the subdivision and land development approval

body.

4) The Zoning Officer shall not issue any letter reviewing

a subdivision or land development plan for compliance

with the Zoning Ordinance until the applicant has

provided the Township Planning Commission and the EAC at

least 45 days to review the preliminary landscape plan.

5) The applicant shall submit the final landscape plan with

the first application for a zoning permit for the

development [see §1710(D)]. The owner of the

development or subdivision shall be responsible to

install all landscaping and meet all requirements of

this Section even if the lots are purchased in singular

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fashion from the owner. If the lot for which a zoning

permit is requested is a part of a residential

development containing four (4) or more lots or dwelling

units, a final landscape plan for the entire residential

development shall be submitted with the first

application for a zoning permit filed for an individual

lot within the residential development.

C) Requirements for Landscape Plan. All landscape plans shall

include:

1) The location of existing boundary lines and dimensions

of the tract, existing and proposed streets, driveways,

access drives and parking areas, and proposed land

usage.

2) The location of existing and proposed utility easements

on and adjacent to the tract, including the location of

overhead power lines.

3) The location and size and type of proposed and preserved

landscaping and the size of the proposed landscape area.

Botanical nomenclature as well as common names must be

included. [For listing of banned shrubs and trees, see

§1730. For street trees allowed see §1710(I)].

4) All canopy or evergreen trees must be labeled as

existing, containerized, or balled and burlapped.

5) The location and species of existing trees having a

minimum caliper of six (6) inches at DBH. [See also

§1710(G)(2)].

6) The description of the methods that shall be used to

protect existing trees from damage during construction.

7) Adjacent land uses and zoning, including existing

development, roadways, stream corridors, and

floodplains, and nearby historic sites.

8) Information concerning sedimentation and erosion control

methods which shall be employed before, during and after

construction.

9) Name, signature and seal of the landscape architect

responsible for the plan.

10) Location of irrigation systems or hose connections,

if proposed.

11) Location of existing and proposed buildings and

other structures.

12) Photographs of the entire tract from a variety of

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angles to enable evaluation of the tract and the

proposed landscaping. The photographs shall be of

sufficient size to enable their review by the

Township Planning Commission and the EAC at their

meetings. The photographs shall be from ground and

aerial reference points if the landscape plan is

submitted in connection with a subdivision

application.

13) If applicable, the location of the greenbelt

required by Section 1710(M), including the circular

area required by Section 1710(M)(3).

14) A lot planting schedule, street tree planting

schedule, and greenbelt planting schedule, each of

which shall contain the relevant information this

Section 1710 requires. These schedules shall also

include all information necessary to verify the

minimum required landscape has been provided,

including a table or chart of point calculations for

each lot. Each lot within a subdivision shall

individually provide the minimum number of landscape

points and other requirements as required in this

Section. Each schedule shall be in the form

included as Appendix B to this Ordinance.

15) Landscape plans shall be provided for the areas on

a tract that are proposed for development. Areas

not proposed for development shall be provided with

a natural ground cover that will prevent erosion and

discourage the growth of noxious weeds.

D) Referral of Final Landscape Plan. The Zoning Officer shall,

within fifteen (15) days of submission of the final

landscape plan, transmit one copy of the landscape plan to

the Township Planning Commission and other Township

advisors, including but not limited to the EAC, for the

review and comment of those bodies. The Township Planning

Commission and other Township advisors shall, within fortyfive

(45) days, transmit their comments and recommendations

to the Zoning Officer. The absence of action on the part of

the Township Planning Commission or other Township advisor

within the specified time shall constitute a determination

that such body does not desire to provide comments or

recommendations on the final landscape plan and shall not

delay processing of said plan. The Zoning Officer may, at

the direction of the Board of Supervisors, consult a

registered landscape architect to review the final landscape

plan. The Zoning Officer, after the time for comment by the

Township Planning Commission and other Township advisors has

passed, shall either approve or disapprove the proposed

final landscape plan, but in all cases such action shall be

made within ninety (90) days of the submission of the final

landscape plan. If the Zoning Officer disapproves the final

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landscape plan, such disapproval shall be in writing and

shall specify the reasons for the disapproval. Approval of

a final landscape plan shall not relieve the applicant from

compliance with any other provision of this Ordinance or

other applicable Ordinances.

E) Assignment of Point Values for Plant Matter. Plant matter

provided as part of a landscaping plan shall receive points.

Compliance with landscaping requirements expressed in terms

of point values shall be measured in terms of total points

achieved by the developer. The requirements of this Section

requiring that a developer obtain a certain point total are

in addition to other planting requirements. Point values

shall be assigned as follows:

1) Protected existing canopy or evergreen tree with a

minimum caliper of six (6) inches at DBH - 125 points.

2) Unprotected existing canopy or evergreen tree with a

minimum caliper of six (6) inches at DBH - 50 points.

3) New canopy or evergreen tree with a minimum caliper of

three and one half (3 ½) inches at DBH - 75 points.

4) New canopy or evergreen tree (balled and burlapped) with

a minimum caliper of two (2) inches at DBH - 50 points.

5) New canopy or evergreen tree (containerized) with a

minimum caliper of one and one half (1-1/2) inches at

DBH - 50 points.

6) Non-canopy tree with a minimum height of five (5) feet -

20 points.

7) Shrubs with a minimum height of eighteen (18) inches -

5 points.

8) Ground cover or grass - ½ point per square yard but

grass and ground cover shall not be credited for more

than forty (40%) percent of the total required points of

a lot.

Applicants shall demonstrate compliance with the

requirements in this Section, including the identification

of the point values above, by providing a chart or matrix

showing provided plant materials and each of their point

values. See Appendix B.

F) Condition of Existing Plant Matter. In order to receive

points for existing trees, the trees shall be in good

condition and free of damage caused by insects and/or

disease.

G) Preservation of Existing Trees (See also §1730).

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1) An existing tree shall be considered protected if it is

surrounded with a barricade at the drip line [to a

maximum of a fifteen (15) feet radius] or with a minimum

unobstructed radius of seven (7) feet, whichever is

greater, which barricade shall be installed prior to any

grading or construction activity. The barricade shall

be retained until all earth disturbance activities on

the lot are completed. If the protected tree shall be

located in a parking lot island, the barricaded area

shall become the tree’s island upon completion of the

construction. No utilities shall be located within the

barricaded area, and the area shall not be used as a

storage area or disposal area during any phase of

construction.

2) At least fifty (50%) percent of existing trees on a site

shall be retained and flagged five (5) feet above ground

level in white. Before any earth moving, the Zoning

Officer or his designee shall be notified at least ten

(10) working days in advance to review the mapping of

the trees provided by the developer as well as an onsite

review. The developer shall designate by orange

color ribbon those trees to be moved (See also §1730),

and the developer shall designate on plans where each

such tree shall be relocated.

3) Retention of all existing tree rows, wind breaks and

hedges when located along the tract boundary shall be

maintained to continue a more naturalistic plant screen

for the development site and preserve existing habitat

for wildlife. If these exist internally on the tract,

as many tree rows, windbreaks and hedges shall be

maintained as possible to have a minimum of twenty (20)

feet width or more. When the perimeter of existing

trees and hedges are not sufficient to meet or conflict

with the greenbelt, walking area, buffer or street tree

requirements, a combination of the existing and added

features of the requirement shall be accomplished with

agreement by the Township.

H) Tree Requirement. A minimum of forty (40%) percent of the

total number of points of landscaping of any lot must be

provided through canopy or evergreen trees. To be counted

toward this forty (40%) percent requirement, a tree shall

meet the standards of Sections 1710(E)(1), (2), (3) or (4).

I) Street Trees. Street trees shall be placed a minimum of

fifteen (15) feet and a maximum of thirty (30) feet behind

the right-of-way line. Preference is for a variety of

species for a given area and mixing them in that area. They

are not to be planted in straight or even rows. A random or

serpentine pattern is preferred within the fifteen feet to

thirty foot street tree strip. Clusters of trees (with a

minimum of fifteen [15] feet and a maximum of thirty [30]

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feet between trees in a cluster) are encouraged as long as

there is no more than sixty (60) feet between clusters. The

minimum total number of street trees for a subdivision or

land development shall be no less than one (1) canopy tree

for each thirty (30) feet of public right-of-way. This

shall include both sides of the street if both sides are

part of the subdivision. The trees shall have a minimum

height of eight (8) feet and two (2) inch caliper at DBH at

planting. Street trees shall not be considered in meeting

landscape point requirements.

Street trees shall be one of the following species:

Acer rubrum Red Maple

Acer saccharum

Sugar Maple

Celtis Occidentalis Hackberry

F r a x i n u s P e n n s y l v a n i c a

Green Ash

Fraxinus Americana

White Ash

Nyssa sylvatica Black Tupelo

Ostrya virginiana

Hop Hornbeam

Quercus Albo

White Oak

Quercus Bicolor Swamp White Oak

Quercus palustris

Pin Oak

Quercus prinus

Chestnut Oak

Quercus rubra

Red Oak

Tilia Americana Basswood

J) Minimum Points. The minimum number of points for

landscaping of any lot shall be five hundred (500). Other

Sections of this Ordinance may require additional planting.

K) Required Points. All lots shall be landscaped in accordance

with the following table and the statement below:

Parking Spaces Required on Lot

Points per Parking Space

1-50 20

51-100 16

101-200 14

201 or greater 12

PLUS 40 points per 1000 square feet of lot area.

Points shall be computed cumulatively. For example, a land

development requiring one hundred (100) parking spaces shall

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require a total of 1800 points [(50 x 20) + (50 x 16)] for

parking plus additional points for land area. Other

Sections of this Ordinance may require additional planting,

for example, such as greenbelt and street trees.

L) Buffers and screening. All lots which are required to

contain buffers shall be provided with buffers which limit

visibility from adjacent tracts and lessen glare, dust and

noise and implement the legislative intent of this Section

as set forth in Section 1710(A).

1) Landscape buffers shall be placed along side and rear

boundaries of all industrial developments or uses or

lots and mineral recovery uses and mobile home parks by

the developer [see also §1710(M) for other lots

requiring a greenbelt or buffer]. The buffer shall

consist of two (2) rows, staggered, of mixed evergreen

and deciduous trees which shall be at least eight (8)

feet in height when planted and shall be spaced not more

than fifteen (15) feet apart on center and two rows,

staggered, of mixed broadleaf and needle evergreen

shrubs which shall be at least three (3) feet in height

when planted and shall be spaced not more than five (5)

feet apart on center. The landscape plan shall be drawn

to a scale showing center to center distances. Examples

of acceptable design are included in Appendix D of this

Ordinance. The Township may also approve buffer designs

that include plant materials that are grouped in

naturalistic clusters if such a design is compatible

with the overall nature of the landscaping plan. The

trees shall be of such species so as to attain a height

at maturity of not less than twenty (20) feet. The

shrubs shall be of such species as to provide continuous

screening from the ground to a height of six (6) feet at

maturity. Deciduous plant materials shall comprise no

more than thirty (30%) percent of the number of plants

in the buffer. Trees shall be planted so that at

maturity they shall not be closer than ten (10) feet to

any property line. Drainage swales, basins or easements

shall not be placed in the buffer areas unless there is

no alternative available. If the drainage swales or

easements or basins interfere with the buffer or

screening areas, the buffers or screens shall be placed

further toward the interior of the lot to provide for

the intent of this Ordinance and shall in all cases

include the number and type required of plants. See

also §1710(R). This paragraph shall also be required

for facilities referred to in Sections 503 and 602 of

this Ordinance with their additional requirements. All

lots requiring a buffer shall require a parking screen

[See §1710(L)(4)].

2) The buffer area may overlap the required front, side or

rear yards, and in case of conflict the larger

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requirement shall apply.

3) Other Screens.

a) Service loading and trash disposal areas in all

districts shall be effectively screened so as not

to be visible from parking areas, roadways, or

adjacent properties. Such areas shall be screened

at commencement of construction on the lot with a

combination of architectural masonry and

landscaping with a height of at least six (6) feet.

All such areas shall be surrounded on three (3)

sides by a minimum of a fifteen (15) foot wide

landscape buffer. No outdoor storage, off-street

parking or loading shall be permitted within

required landscape areas. Any wall or fence shall

not be constructed of corrugated metal or

fiberglass or sheet metal.

b) Outdoor Activities and Equipment Screening. All

outdoor industrial use operations shall have a

landscape buffer [see §1710(L)(1)]. Mechanical

equipment and other functional accessories of each

building, such as elevators, penthouses, ventilation

pipes, and ducts, water pressure tanks,

heating, air conditioning, and power supply units

shall have an architectural building material

screen or covering which is an integral part of the

building envelope and/or which is harmonious with

the building design as determined by the Township.

c) All industrial screens shall be of a design and

height to conceal all operations and materials from

the view of an observer standing at grade level of

an existing tract either zoned or used for

residential purposes, or from any public street.

4) Parking Screen. Parking and storage of vehicles in

yards adjacent to or abutting a street shall be screened

from the public right-of-way by an earthen berm and/or

plant matter which provides a dense visual screen to

five (5) feet in height which shall occur within two (2)

years of planting. Plant matter shall consist of two

(2) rows of mixed broadleaf and needle evergreen shrubs

planted in staggered rows. Deciduous plants shall not

comprise more than thirty (30%) percent of the parking

screen. Plants shall be spaced not more than five (5)

feet apart on center and shall be at least four (4) feet

in height when planted. Additional planting in the form

of non-canopy trees and deciduous shrubs is acceptable.

The landscape plan shall be drawn to a scale showing

center to center distances. Examples of acceptable

design are included in Appendix D of this Ordinance.

Drainage swales, basins or easements shall not be placed

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in parking screen areas unless there is no alternative

available. If the drainage swales, basins or easements

interfere with the buffer or screening areas, the

buffers or screens shall be placed further toward the

interior of the lot to provide for the intent of this

ordinance [See §1710(L)(1)]. Parked vehicles shall not

overhang landscaped areas more than 1-1/2 feet. Wheel

stops or curbing shall be provided to insure no greater

overhang. When a parking lot is located on property

which adjoins land in a residential district, the

parking lot shall be screened from the adjoining

residential property. In addition, all lots requiring

a buffer shall require a parking screen.

5) Commercial land developments shall provide a parking

screen along the entire side and rear boundaries when

such boundaries abut non-commercial districts. Also see

§1732(D)(2)(b).

6) All landscaping and landscape buffers and screens shall

be installed before a final Certificate of Use and

Occupancy is issued by the Zoning Officer. Upon

demonstration by the applicant that weather conditions

are not suitable for the planting of required

landscaping and/or buffers (generally between November

1 and April 1), the Zoning Officer may issue a temporary

Use and Occupancy Permit conditioned on the completion

of the planting by a certain date, after which date the

temporary certificate of use and occupancy shall expire.

7) All mining, solid waste disposal, recycling and resource

recovery facilities in the Mineral Recovery District

shall be provided with a landscape buffer within the required

greenbelt as set forth in Sections 1710(L) and

1710(M) along the front, sides and rear yards. The

landscape buffer shall be planted upon a four (4) foot

earthen berm in order to achieve greater screening of

the use. All such landscape buffers shall in addition

comply with the requirements of Section 1710(L) herein.

8) When a screen or screening is required by this

Ordinance, such screen or screening shall not be counted

towards meeting an minimum open space requirement of

this Ordinance.

9) All landscape screens or screening which this Section

requires shall be permanently maintained in a manner

which allows the screen or screening to serve its

desired function. When a screen or screening includes

trees, no lower branches shall be removed if such

removal would impair buffering and screening of the use.

M) Greenbelt. Greenbelts are required to be provided for all

non-residential developments and non-residential lots and

Pequea Township Zoning Ordinance 233

residential developments of four or more lots or units. A

greenbelt is a landscaped area containing no less than

seventy (70%) percent of the area in trees and shrubs, as

calculated based on mature size, of which vegetation not

less than seventy (70%) percent shall be trees. All

greenbelts shall be provided by the developer and extend

along the front, sides and rear perimeter of the proposed

residential development and front, sides, and rear property

lines of all lots of non-residential or non-agricultural

use, except where crossed by sidewalks, roads, access drives

or driveways (not drainage swales or easements or basins

unless there is no alternative) [See also §1710(M)(2)]. The

planting of each greenbelt (i.e. sides, front and rear

greenbelts) in developments or lots shall be generally

homogenous (equally planted) and not concentrated only in

certain areas, although clustering may be allowed by the

Township. If the drainage swales, easements or basins

interfere with the greenbelt, the greenbelt trees and shrubs

shall be placed further toward the interior of the lot to

provide for the intent of this Ordinance. A greenbelt shall

not be included in calculations for any open space

requirements including but not limited to Section

1964(E)(7)(g).

Pequea Township Zoning Ordinance 234

1) Greenbelt areas shall be as follows:

WIDTH OF GREENBELT

Zoning

Distric

t

Fron

t

Side

s

Rear Specific Zoning District Requirements

i

A

nonagricultural; then 50 feet. A

landscape buffer and other

requirements are required [see

§1710(L)] if use is commercial or

industrial.

R1

R2

AA

i

i

i

i

Same as side yard setback except that

any development of 4 or more lots

and/or any cluster development shall

provide a greenbelt 75 feet wide along

development side and rear boundaries

and mobile home parks shall provide a

greenbelt 20 feet wide along mobile

home park side and rear boundaries.

C A 10

ft.

or

10

ft.

or

i

When abutting undeveloped property

(defined as not presently containing a

principal building) or noncommercial

zoning, 50 feet. When an agricultural

or residential use or district is

abutting, a landscape buffer is

required and other requirements of

§1710(L) shall be met.

Industr

ial

A B

(defined as not presently containing a

principal building) or non-commercial

zoning, 50 feet. All requirements of

§1710(L) shall also be met.

Mineral

Recover

y

100

ft.

100

ft.

i

100

ft.

i

Applicable to mining, solid waste

disposal, recycling and resource

recovery facilities or other

nonagricultural uses only. All

requirements of §1710(L) shall be met.

General or Additional Requirements if indicated above:

A - Twenty-five (25) feet or one half (½) of the distance

between right-of-way and building setback line, whichever

is greater.

B - As required for buffers and screens in Sections 1710(L)

and/or 1710(M).

Pequea Township Zoning Ordinance 235

2) Roads, access drives, and driveways shall not be built

at less than a seventy (70) degree angle as they impinge

on a greenbelt and shall not run within the greenbelt

for more than is necessary to traverse it to provide

access.

3) All lots in the R1 and R2 Zoning Districts which contain

any portion of a greenbelt required by Sections 1710(L)

or 1710(M) shall also contain a circular area with a

diameter of not less than 100 feet, which shall not

contain any of the following:

a) greenbelt as required by Section 1710(M);

b) minimum required yards or setbacks;

c) karst features;

d) wetlands;

e) watercourses; or

f) steep slopes as defined by Section 452.

4) For any development subject to the greenbelt regulations

contained in this Subsection, the recorded final

subdivision and/or land development plan for such

development shall show the required greenbelt area and

shall include in a plan note a reference to the required

greenbelt, and if in a residential district, a reference

to Section 1710(M)(3).

N) Walking Areas. A grassed linear open space which shall not

be less than six (6) feet in width shall be maintained along

the street frontage between the right-of-way line and street

trees for use as a continuous walking area. This shall be

planted by the developer. This walking area shall not be

situated in swale areas. Where sidewalks are provided, no

additional grassed linear open space for walking is required

along the streets.

O) Maintenance of Plant Matter. All buffer areas, greenbelts,

screening and walking areas shall be maintained and kept

free of all structures, rubbish, and debris. Required plant

material located in these areas which become diseased or die

shall be replaced by the property owner in order to maintain

the requirements of this Section. See also §1730. Any

plant material used in calculating point values to meet the

requirements of this Ordinance shall be also permanently

maintained by the property owner. Any plant material which

does not live shall be replaced within one (1) year of

installation with plant material of the same or similar

character and equal or higher point value. Grass or ground

cover shall achieve one hundred (100%) percent coverage

within one (1) year.

P) All portions of lots which are not occupied by buildings,

other structures, driveways or access drives, loading or

parking spaces and aisles, sidewalks, and designated storage

Pequea Township Zoning Ordinance 236

areas shall be planted with trees, shrubs, and an all-season

ground cover approved by the Township.

Q) Each phase of a phased subdivision or land development must

comply with this Section by completion of the phase.

R) If a utility, storm water, or other easement or right-of-way

interferes with a greenbelt or with the buffering or

landscaping of a perimeter of the lot as it may run along

it, the required buffers or greenbelts shall be installed by

the developer, commencing at the inner edge of the easement

or right-of-way (as if it were the lot line) and continuing

along the extent of the utility, storm water, or other

easement or right-of-way along the property perimeter. In

all cases the total required plants shall be planted in this

substitute position as if there were no utility, storm water

or other easement or right-of-way. The easement or rightof-

way itself shall be planted by the developer with plant

materials acceptable to the utility.

S) Notwithstanding any other provision of this Ordinance

pertaining to requirements for landscaping and buffering of

lots, no trees shall be so located that such trees, at

maturity, shall be within thirty (30) feet from the property

line of a lot when the adjoining lot or tract is within the

Agricultural District or, if the adjoining tract is not

located in the Agricultural District, is being actively used

for and planned to continue to be used for agricultural purposes.

T) All access roads to a development shall include walkways,

street trees, and other requirements of Section 1710 and

shall be installed by the developer of the subdivision

unless clear site distance is compromised. If compromised,

shorter vegetation [less than thirty (30) inches at

maturity] shall be planted.

U) The developer shall post financial security as set forth in

Section 509 of the Municipalities Planning Code with the

Township to secure full costs of landscape requirements for

the development.

V) Access to the development shall be granted to the Township

or its agents at all times before, during and after

construction for the purpose of inspecting the site and its

conformance to the Ordinance requirements. The developer

shall promptly (within two weeks) correct any deficiencies

noted by the Township at the developer’s expense, including

the cost of the inspection which discovered the

deficiencies. This Ordinance does not require the Township

to perform an inspection(s) during construction and the

actual performance of inspection(s) shall not be construed

as acceptance of any portion of work during construction.

Pequea Township Zoning Ordinance 237

W) Any existing commercial or industrial use shall not be

required to comply with these requirements except in the

case of enlargement or alteration of the same or if required

in some manner by previous ordinance. However, removal of

live trees providing existing screening or buffer of such

uses requires a zoning permit. In such cases the applicant

shall comply with all procedures in Section 1730(E) as if

such existing trees were specimen or witness trees.

X) No final certificate of use and occupancy shall be issued

until all landscaping is installed according to the approved

landscaping plan.

Section 1711 Required Traffic Impact Study Standards.

All applicants for a use which requires preparation of a traffic

impact study shall submit a study prepared under the supervision

of a qualified and experienced professional engineer licensed by

the Commonwealth of Pennsylvania who has specific training in

traffic and transportation engineering and demonstrable

experience related to preparing traffic studies for existing or

proposed developments which shall include at a minimum the

following elements:

A) A description of the traffic impact study area ("TISA"),

including such area’s major roads and major intersections.

The determination of whether an intersection shall be

considered a major intersection shall be made in accordance

with accepted engineering practices. In the event of a dispute,

the determination of the Township shall be final.

1) At a minimum, the TISA shall include all site access

drives, streets and major intersections within the area

contained in a one-half mile radius circle drawn around

each entrance to the proposed development, and, if a

street abutting the proposed development does not

contain a major intersection with another street within

that area, the first major intersection with such

abutting street.

2) If the proposed development will generate one hundred

(100) peak directional trips or more but less than two

hundred fifty (250) peak directional trips, the TISA

shall include all site access drives, streets and major

intersections contained in a two (2) mile radius circle

drawn around each entrance to the proposed development.

3) If the proposed development will generate two hundred

fifty (250) peak directional trips or more but less than

five hundred (500) peak directional trips, the TISA

shall include all site access drives, streets and major

intersections contained in a three (3) mile radius

circle drawn around each entrance to the proposed

development.

Pequea Township Zoning Ordinance 238

4) If the proposed development will generate five hundred

(500) peak directional trips or more, the TISA shall

include all site access drives, streets and major

intersections contained in a four (4) mile radius circle

drawn around each entrance to the proposed development.

5) If additional or more stringent specifications are

recommended by the Institute for Traffic Engineers for

traffic impact studies for the proposed use, the

applicant shall prepare the traffic impact study to

incorporate such additional or more stringent

requirements.

B) The report shall clearly identify potential trip generation

rates for the proposed use which shall be determined through

the use of the current edition of the Trip Generation Manual

published by the Institute of Transportation Engineers.

Peak hour and daily rates shall be provided for weekdays,

Saturdays and Sundays.

1) Any reduction in the number of trips anticipated to be

generated by the use for pass-by or internal (captured)

traffic must be based upon clearly established standards

published by the Institute of Transportation Engineers.

The applicant shall submit documentation supporting the

calculation of pass-by and/or internal (captured)

traffic. In the absence of such published data for the

specific type of use proposed, no deduction shall be

taken for either pass-by or internal (captured) trips.

2) Determination of pass-by or internal (captured) traffic

must be based upon pass-by or internal (captured)

traffic at the highest peak hour of the week. For

example, the pass-by or internal (captured) traffic for

a mixed-used residential/office development would most

likely be calculated for a weekday, while the pass-by or

internal (captured) traffic for a mixed use

residential/commercial development would most likely be

determined for a Saturday.

C) Existing twenty-four (24) hour automatic traffic recorder

(ATR) counts and peak hour turning movement volume data,

including weekdays, Saturdays and Sundays, for all streets

which provide direct access to the proposed development and

for the arterial streets and collector streets which will

serve the proposed development, as well as any major

intersection within the TISA. Classification of streets as

arterial or collector shall be determined by the

classifications set forth in Article 15 of this Ordinance.

D) Projected twenty-four (24) hour and peak hour traffic volume

data, including weekdays, Saturdays and Sundays, for all

streets which provide direct access to the proposed

development and for the arterial streets and collector

Pequea Township Zoning Ordinance 239

streets which will serve the proposed development, as well

as any major intersection within the TISA, for the horizon

year without the impacts of the proposed development. The

horizon year shall be considered the point in time when a

residential development is built out and completely occupied

and when a nonresidential development is built out,

completely occupied and open and shall be determined in

accordance with accepted engineering practice and published

recommendations of the Institute of Traffic Engineers. In

the event of a dispute as to the horizon year, the

determination of the Township shall be final.

E) Existing levels of service and levels of service projected

for the horizon year without the impacts of the proposed

development on all abutting streets and all major

intersections within the TISA. Level of service shall be

computed in accordance with the 1994 Highway Capacity

Manual, Special Report 209, published by the Transportation

Research Board, or any subsequent revision of such Manual.

F) Estimates of the total number of vehicle trips the proposed

development will generate in the horizon year for typical

twenty-four (24) hour periods, including weekdays, Saturdays

and Sundays, and the typical a.m. and p.m. peak periods for

weekdays, and Saturday and Sunday peak hours.

G) Assignments of post-development twenty-four (24) hour and

peak hour volumes to the arterial streets and collector

streets and other streets that will serve the proposed

development based upon the projections of increased traffic

volumes within the TISA. In making these estimated assignments,

consideration shall be given to other

developments approved but not yet constructed and to

development trends.

H) Projected twenty-four (24) hour and peak hour turning movement

data, including weekdays, Saturdays and Sundays, for

all access points proposed for the development.

I) Capacity and level of service analyses on all abutting

streets and all major intersections which the additional

traffic generated by the development will impact, including

post-development capacity and level of service and

degradation of capacity and level of service analyses.

J) Accident history within the past five (5) years on the

streets adjacent to the proposed development and at the

intersections within the TISA categorized by accident type

for each street or intersection.

K) Computer optimization analyses to determine queue capacities

(vehicle stacking) and minimum storage lengths at existing

intersections abutting the proposed development and at new

intersections within the development.

Pequea Township Zoning Ordinance 240

L) Descriptions of all improvements that will be required in

order to avoid problems of traffic congestion and traffic

safety. These improvements shall provide safe and efficient

movement of traffic to and from and within and past the

proposed use, while minimizing the impact to non-site trips.

The current levels of service must be maintained if they are

C or D, not allowed to deteriorate to worse than C if they

are currently A or B, and improved to D if they are E or F.

1) The applicant may take into account traffic improvements

which are clearly funded and which will occur within the

next two years following the date of submission of the

study.

2) The applicant shall not assume that any improvements

which are not clearly funded will be made.

M) Cost estimates for the proposed improvements that will be

required identified in accordance with Subsection 1711(L),

setting forth the cost estimates for improvements which

others will make [if such improvements may be assumed in

accordance with Subsection 1711(L)] and which will be made

by the applicant.

N) The time period within which the improvements will be made

(particularly if the improvements are associated with

various phases of development construction), and a

description of any monitoring of operating conditions and

improvements that may be required.

O) Descriptions of any actions the applicant proposes or offers

to alleviate the impact of the proposed use on the

transportation network within the TISA.

P) Descriptions of existing and planned public transportation

services in the Township and the potential of those services

to serve the proposed development.

Q) The source of all standards used and the data presented.

R) Data shall be presented in tables, graphs, maps, and

diagrams whenever possible for clarity and ease of review.

S) To facilitate examination, an executive summary of one or

two pages shall be provided, concisely summarizing the

purpose, conclusions, recommendations and proposed

improvements.

Section 1712 Trash, Garbage, Refuse, or Junk Accumulation

The outdoor accumulation of trash, garbage, refuse or junk

for a period exceeding seven (7) days is prohibited. Indoor

storage of such items shall be governed by Section 1732(B)(18).

Pequea Township Zoning Ordinance 241

Section 1713 Setback Modifications

A) Front Setback at Buildings on Built-Up Streets. Where at

least two adjacent buildings within one hundred (100) feet

of a lot are set back a lesser distance than required, the

average of the lesser distances shall become the required

minimum from setback for the property. However, in no case

shall the setback line be less than thirty (30) feet from

any abutting street right-of-way line.

B) Accessory or Appurtenant Structures. The setback

regulations do not apply to:

1) Telephone booths; and cornices, eaves, steps, canopies,

and similar extensions but do apply to porches and

patios whether covered or not (see Section 1718).

2) Open fire escapes.

3) Minor public utility structures, articles of

ornamentation or decoration.

4) Open fences, hedges and retaining walls.

Section 1714 Lighting and Glare

The provisions of Section 1732(B)(15) shall pertain in all

districts.

Section 1715 Minimum Habitable Floor Area

All dwelling units shall conform to the following minimum

habitable floor area, unless otherwise ordained:

A) Single-family, duplex, and townhouse dwelling units; Seven

hundred (700) square feet per dwelling unit.

B) Multi-family dwellings: Four hundred (400) square feet per

dwelling unit.

Section 1716 Detached Private Garages And Other Accessory

Buildings

A) Detached Private Garages - One detached private garage shall

be permitted as an accessory use on any lot containing a

single family detached or single family semi-detached

dwelling which shall comply with all of the following

requirements:

1) The maximum capacity for garaged vehicles on the lot

shall be for three (3) vehicles. This shall include

garaged vehicle storage within any attached garage as

well as the proposed detached garage.

Pequea Township Zoning Ordinance 242

2) Maximum height - fifteen (15) feet.

3) No temporary structure shall be permitted.

4) No structure shall be permitted between the building

setback lines and the street right-of-way line.

5) No structure shall be located within the minimum side

yard of the prevailing district.

6) No structure shall be located within twenty (20) feet of

any property line or within thirty (30) feet of any rear

property line.

B) Other Accessory Buildings. Other accessory buildings shall

be permitted in any zoning district provided the following

requirements are met:

1) Minimum distance between accessory building and the

primary building - ten (10) feet.

2) Maximum height - fifteen (15) feet in residential

districts.

3) No accessory structure or building shall occupy more

than twenty-five (25%) percent of the rear yard.

4) An accessory building or structure shall comply in all

respects with the other yard requirements of this

Ordinance for the principal building, unless stated

otherwise except that any accessory structure or

building containing less than one hundred eighty (180)

square feet of floor area not exceeding fifteen (15)

feet in height may be located as close as ten (10) feet

of side and rear lot lines.

C) Residential accessory buildings in excess of fifteen (15)

feet in height are permitted by special exception in any

zoning district provided the following requirements are met:

1) The accessory building shall not exceed twenty-five (25)

feet in height or seventy-five (75%) percent of the

height of the principal building on the lot, whichever

is less.

2) The accessory building shall be set back from all lot

lines not less than the set back requirements of Section

1716(A) plus one (1) foot for each one (1) foot of

height in excess of fifteen (15) feet. The Zoning

Hearing Board may reduce this set back if the applicant

demonstrates that the proposed set back would be similar

to existing set backs for similar accessory buildings on

adjacent lots on the same side of the street or the

proposed accessory building is not within thirty-five

Pequea Township Zoning Ordinance 243

(35) feet of any principal building or twenty (20) feet

of any accessory structure on an adjoining lot.

3) The accessory building shall not exceed five hundred

(500) square feet of lot coverage. The Zoning Hearing

Board may permit an increased lot coverage if the

applicant demonstrates that the proposed lot coverage

would be similar to the lot coverage of existing similar

structures on adjacent lots on the same side of the

street or the proposed accessory building is not within

thirty-five (35) feet of any principal building or

twenty (20) feet of any lot line or the proposed

accessory structure is on a lot which abuts the

Agricultural District or the MR-Mineral Recovery

District.

4) No accessory structure in excess of fifteen (15) feet in

height may be located within any front yard area or

placed in any area between a street right-of-way and the

principal building on the lot.

5) The Zoning Hearing Board may restrict or prohibit the

use of exterior lighting on such accessory building.

6) The Zoning Hearing Board may require the installation of

landscaping around the accessory building.

7) The maximum impervious surface coverage limitation shall

not be exceeded.

Section 1717 Radiation, Radioactive

The provisions of Section 1732(B)(17) shall apply in all

districts.

Section 1718 Patios, Paved Terrace, Open Porch, or Deck

No patio, paved terrace, open porch or deck shall be located

within required yard areas. These are accessory uses. (See

definition of "Building Setback Line").

Section 1719 Vending Machines

No outdoor vending machine, self-service station, or similar use

shall be allowed in any required yard, abutting a street or on

a public sidewalk.

Section 1720 Fences and Walls

Fences and walls shall be considered accessory structures and

shall be subject to the following regulations:

A) No fence or wall (except agricultural fences, required junk

yard or tennis court walls or fences, or a retaining wall of

Pequea Township Zoning Ordinance 244

a building permitted under this Ordinance) shall be erected

to a height of more than four (4) feet in a front yard and

no more than six (6) feet in any other yard within all

zoning districts except the Industrial District and the

Commercial District. In the Industrial District and the

Commercial District, no fence or wall shall be erected to a

height of more than ten (10) feet in any yard.

B) All fences and walls shall be set back at least one (1) foot

from the property line.

C) All fences shall be erected with the finished side of the

fence facing adjacent properties. The finished side shall be

considered the side without the structural supporting

members.

D) No fence or hedge or wall shall block a motorist’s view of

vehicles entering or existing the property.

E) No solid, closed fence shall be erected within the required

front yard setback.

Section 1721 Swimming Pools

The following regulations shall apply to the construction of all

swimming pools in the Township.

A) No permanent structure shall be permitted without an

operating filtering system utilizing an antibacterial agent.

B) No permanent structure shall be permitted unless it is

enclosed by a permanent fence which is at least four (4)

feet in height and conforms to other requirements listed in

Section 1720. It shall have self-locking gate and selfclosing

gate. Fences shall be erected immediately after

completion of construction of structures described in this

section and before water is added to the pool. There shall

be no vertical interspace of more than two (2) inches in

pool fence.

C) No permanent structure or temporary pool shall be within ten

(10) feet of any property line. It shall be located in rear

or side yard of dwelling to which it is an accessory.

D) The Zoning Officer shall issue a zoning permit prior to

excavation or construction of a swimming pool providing all

regulations are to be followed by the owner.

E) Any lights used in conjunction with the pool shall conform

to Section 1732(B)(15) to prevent glare on adjoining

properties.

F) A dense planting of trees and shrubs shall be established

between the pool and all property lines to protect adjoining

Pequea Township Zoning Ordinance 245

properties from noise arising from mechanical equipment and

activities in and around the pool.

Section 1722 Tennis Courts

All tennis courts shall include an open mesh permanent

fence ten (10) feet in height behind each baseline.

Such fence shall extend parallel to said baseline at

least ten (10) feet beyond the court’s playing surface

unless the entire court is enclosed. Any lighting

fixtures shall be arranged and hooded to prevent glare

on adjoining properties. Section 1732(B)(15) shall

apply. Tennis courts shall be an accessory use. Tennis

courts shall not be located in front yards or within

forty (40) feet of any side or rear property lines.

Screening shall be provided to minimize effects on

adjoining properties. A zoning permit is required.

Section 1723 Satellite Dish Antennas as Accessory Uses

A) Purpose. The unique shape and reception requirements of

satellite dish antennas presents an array of concerns

relating to the health, safety, and aesthetic integrity of

the Township. Therefore, it is the intent of this Ordinance

to impose reasonable regulations concerning such devices

without infringing upon rights granted by the FCC.

B) Specific Requirements. The following requirements shall

apply to all satellite dish antennas provided that such

requirements do not infringe upon the rights granted by the

FCC. If an applicant can prove that such rights would be

violated due to unique site constraints or other such conditions,

the applicant shall be exempt from only those

requirements which create such hardships.

1) The diameter of the dish shall not exceed (12) feet.

The diameter of a dish mounted on a dwelling shall not

exceed six (6) feet.

2) No portion of the structure may exceed fifteen (15) feet

in height.

3) The antenna shall be located only in the rear yard

(unless roof-mounted) and shall comply with the building

setback requirements of the applicable zoning district.

4) No more than one (1) satellite dish shall be permitted

on any lot unless such lot is within the Commercial

District or the Industrial District.

5) The entire structure, including the supports, dish, and

any part thereof, shall employ materials and colors that

blend with the surroundings. If painting is required to

comply with this Ordinance, such painting shall take

Pequea Township Zoning Ordinance 246

place no later than two (2) weeks from the date of

installation.

6) Satellite dish antennas (unless roof mounted) shall be

surrounded by a complete visual barrier composed of

evergreen plantings which are at least four (4) feet in

height when planted on site and which will achieve a

mature height sufficient to screen the entire antenna

from the ground floor elevations of adjoining

properties. If such screening will impair the reception

of the antenna, the applicant shall demonstrate that

such is the case and shall install evergreen plantings

which, when mature, will be maintained at a height which

is within two (2) feet of the determined height of

interference. Screening must be planted within two (2)

weeks of the antenna installation date.

7) All satellite antennas shall be properly anchored and

installed to resist a minimum wind load of thirty (30)

pounds/square foot of projected horizontal area.

C) Zoning permit requirements for all satellite dish antennas.

A zoning permit is required prior to erecting a satellite

dish antenna. The zoning permit application shall include

a statement of justification concerning any deviations from

the requirements of this Section as well as plans drawn to

scale indicating:

1) Dimensions of the lot, building setback locations, and

the location and color of existing or proposed

buildings.

2) Proposed location of the antenna including all maximum

horizontal and vertical dimensions.

3) Details of the antenna anchors, supports, and

foundation.

4) Proposed plant type(s), location, and anticipated mature

height(s) of the required screening.

5) Design and allowable wind load.

6) Material and ultimate color of entire satellite dish

structure.

7) When attached to an existing structure, a detailed

description of how the satellite dish antenna loads will

be distributed to the existing structure.

Section 1724 Alternative Energy Sources

A) Wind Energy Conservation Systems. Except for those

contained on farms, Wind Energy Conservation Systems (WECS)

Pequea Township Zoning Ordinance 247

shall not be permitted in the front yard area of any

property and are accessory uses. Height regulations do not

apply to WECS units provided that the height of the WECS

unit shall not be greater than the shortest distance

measured along a horizontal plane from the unit to any lot

line. WECS units may be placed on the roof of any structure

provided that the perimeter of the unit does not cover

twenty-five (25%) percent or more of the room area of the

structure on which the WECS unit is placed. The additional

height extension shall be so positioned that the height of

the WECS unit above the roof is less than the distance

measured along a horizontal plane from such unit to any lot

line. All transmission lines to and from any freestanding

WECS unit or any supporting building or structure shall be

buried underground. A zoning permit is required prior to

erecting a WECS unit except for those contained on farms.

The zoning permit application shall include a plan drawn to

scale indicating:

1) Forces on foundation, including live and dead load.

2) Allowable and actual soil bearing pressure.

3) Strength and allowable stresses on cables, rods and

braces, including actual and allowable force for each.

4) When attached to an existing structure, a detailed

description of how the WECS unit loads will be

distributed to the existing structure.

5) The minimum safety factor against overturning or

providing for wind forces shall be 2.0. Support,

anchors, and foundations shall take into account

overturning moments and forces created by wind loading.

6) A registered professional engineer shall provide a

statement certifying that the requirements of Sections

1723(E) and 1723(F) will be satisfied for WECS.

7) Compliance with all requirements of Section 1724(A).

B) Solar Energy Units. Solar energy units shall be permitted

in any district and shall be subject to the general

requirements of that district.

Section 1725 Ornamental Ponds and Wading Pools

A) Such structures shall comply with all accessory use setbacks

and regulations.

B) No such impoundment shall contain more than 26.6 cubic feet

of water (200 gallons). All ponds, pools, or other

impoundments exceeding the requirements of this Section

shall be considered as "Man-made Lakes, Dams and ImpoundPequea

Township Zoning Ordinance 248

ments" and are subject to the criteria listing in Section

1726 of this Ordinance.

C) No such impoundment shall have a length or diameter

exceeding fifteen (15) feet nor a maximum depth exceeding

two (2) feet.

D) All ponds or pools shall be maintained so to not pose a

nuisance by reason of odor, or the harboring of insects.

E) No such pond(s) shall be used for the commercial hatching of

fish or other species.

Section 1726 Man-Made Lakes, Dams, And Impoundments

All man-made lakes, dams, ponds and impoundments may be

permitted in any district as an accessory use subject to the

following:

A) All dams, ponds, lakes and impoundments located along and

connected to a stream shall require the obtainment of a

permit from the DER Bureau of Dams and Waterways Division of

Dam Safety, or a letter indicating that the proposed use

does not require a DER permit.

B) All dams, ponds, and impoundments not contiguous to a stream

that have an intake, outlet, or both, and/or have an

embankment within fifty (50) feet of a stream shall require

the obtainment of a permit from the DER Bureau of Dams and

Waterways Division of Waterways and Storm Water Management.

C) All dams, ponds, and impoundments shall be located at least

seventy-five (75) feet from adjoining lot lines, and any

subsurface sewage disposal system or well.

D) All dams, ponds and impoundments require the submission of

statement by a qualified engineer that the proposed use is

properly constructed and will not pose a threat to the

public safety nor the environment during normal flow

conditions and those associated with the 100 year flood.

All dams shall be constructed to a height of two (2) foot

above the water surface elevation occurring during the 100

year flood.

E) Requirements for Fencing. All ponds constructed within

areas subject to livestock shall be enclosed by fencing that

prevents livestock from trampling the pond’s shores and

polluting the waters.

F) Maintenance. All ponds shall be regularly maintained and

floating debris shall be removed from all pipes and

spillways. Weeds, brush and trees shall not be permitted to

grow on the dam or spillway.

Pequea Township Zoning Ordinance 249

Section 1727 Garage/Yard Sales/Auctions

Within any district, an owner and/or occupant may conduct up to

two (2) garage/ ard sales/auctions per year. No garage or yard

sale or auction shall be conducted for a period longer than two

consecutive days. Such sales may offer for sale personal

possessions; no import or stocking of inventory shall be

permitted. In no case shall any aspect of the garage/yard

sale/auction be conducted in a street right-of-way. The conduct

of garage/yard sales/auctions beyond the extent described herein

represents a commercial business and requires appropriate zoning

authorization. (See also Sections 1311 and 1312 for further

regulations regarding signs).

Section 1728 Standards for Animals Maintained as Accessory to a

Residential Dwelling.

A) In any district, the maintenance of up to two (2) each

[total of four (4) or less] of the following animals over

six (6) months of age is permitted: dogs and cats and small

animals provided that it is on a non-commercial basis, the

area on which a shelter and/or exercise pen is maintained is

suitably enclosed and is located in the rear yard at least

ten (10) feet from any lot line, and is not closer than

fifty (50) feet to the nearest dwelling other than that of

the owner. The restrictions imposed by this paragraph shall

not apply to the non-commercial maintenance of animals on

farms. All structures used to house non-commercial

livestock shall be prohibited from placement in the front

yard.

B) In any district, the maintenance of up to twelve (12)

pigeons and fowl is permitted provided it is in the rear

yard, it is on a non-commercial basis, and is strictly as an

incidental use, the area in which the fowl or pigeons are

kept is enclosed by a fence that will contain them, all

parts of which are at least one hundred (100) feet from the

nearest dwelling other than that of the owner but no less

than ten (10) feet from the lot line. The restrictions

imposed by this paragraph shall not apply on farms. All

structures used to house non-commercial livestock shall be

prohibited from placement in the front yard.

C) In any district, the maintenance of up to two (2) saddle

horses or large animals is permitted provided no building,

corral, or stable is less than one hundred (100) feet from

any lot line, and is not closer than two hundred (200) feet

to the nearest existing dwelling other than that of the

owner. The fence shall be no closer than one hundred (100)

feet from the nearest dwelling other than that of the owner

but no less than ten (10) feet from the lot line. The

restrictions imposed by this paragraph shall not apply on

farms. All structures used to house non-commercial

livestock shall be prohibited from placement in the front

Pequea Township Zoning Ordinance 250

yard.

D) In any district, all animals, their housing and their

pasture/recreation areas shall be properly maintained so to

not become a nuisance to adjoining properties. Domestic

animals shall be enclosed in an enclosure of a size

conducive to good sanitary practices and adequate and

sanitary drainage facilities shall be provided.

Section 1729 Liquid or Solid Wastes

See Section 1732(B)(18) which shall apply in all districts.

Section 1730 Tree Clearing and Replacement

It is the intent of this Section to protect the existing

ecologically valuable wooded areas of the Township and to

prevent the propagation of damaging species within these areas.

A) Clear cutting shall be prohibited except on tracts of less

than two (2) acres or on tracts meeting the requirements of

Section 1730(B) below. All tree removal shall comply with

the following additional requirements:

1) When harvesting or otherwise removing 40 or more trees

on tracts larger than two acres, at least thirty (30%)

percent of the existing trees (as defined in this

Ordinance) shall be kept, and the residual existing

trees shall be well distributed. At least thirty (30%)

percent of these residual existing trees shall be

composed of the highest value species as determined by

a forester.

2) If less than seventy-five (75%) percent of the existing

trees are retained, replacement trees shall be planted

in sufficient numbers such that, following forestry or

development activity, the number of trees (retained

existing trees and replacement trees combined) totals at

least fifty (50%) percent of the number of existing

trees prior to tree removal. Replacement trees shall be

minimum trunk caliper of two (2) inches at DBH and shall

be planted within six months following completion of the

activity.

B) Clearing of trees for farming is permitted as long as a soil

conservation plan is used and permitted by the Soil

Conservation District and the land is used for farming

purposes. Also requirements of Section 408(W) shall be

maintained, if within a Floodplain District.

C) Replacement trees should be of the species, or a selected

subset of the species, of the trees removed from the site,

if the trees removed from the site are native to the area.

If the trees removed from the site are not native to the

Pequea Township Zoning Ordinance 251

area, then replacement trees shall be selected from any tree

species native to the area and consistent with this

Ordinance. (Consult Landscaping with Native Plants in the

Middle-Atlantic Region by Elizabeth DuPont, Brandywine

Conservancy, 1978, and "Distribution of Major Forest Species

in Southeastern Pennsylvania" by Catherine Keever, published

in Ecological Monographs, 43:303-327, Summer, 1973).

Trees which were designated on the Landscaping Plan (Section

1710) to be saved but which are damaged or destroyed as a

result of the development process shall be replaced by the

developer. The Township shall be consulted before any

replacement trees are planted. Replanting shall be done

according to the standards specified by the American

Nurserymen’s Association.

When a developer, builder, or property owner is required to

replace trees that he has moved or caused to be removed, the

developer, builder, or property owner shall be guided by the

following criteria in selecting replacement trees. These

considerations also shall be followed when it is necessary

to choose certain trees for retention:

1) Species longevity.

2) Native to area (as described above).

3) Maintaining the diversity of species in the area.

4) Hardiness (wind firmness, climate requirements,

characteristics of soil to hold tree).

5) Existence of disease, rot, or other damage to tree.

6) Susceptibility of insect and disease attack and to

pollution.

7) Aesthetic values (autumn coloration, type of flowers or

fruit, form characteristics).

8) Maintenance and care (pruning, etc.).

9) Wildlife values.

10) Comfort to surroundings (summer shade, winter

windbreak).

11) Protection of buildings, vehicles and pedestrians.

12) Size at maturity.

13) Effect of soil retention and erosion control.

14) Value as a noise buffer.

Pequea Township Zoning Ordinance 252

15) Undesirable characteristics.

D) The following species shall be banned from being planted in

Pequea Township:

Trees:

Norway maple (Acer platanoides)

Sycamore maple (Acer pseudoplatanus)

Russian olive (Eleagnus angustifolia)

Autumn olive (Eleagnus umbellatus)

Osage orange (Maclura pomifera)

White mulberry (Morus alba)

White cottonwood (Populus alba)

Shrubs and Small Trees:

Barberry (Berberis japonica)

Winged euonymous (Euonymous alatus)

Amur honeysuckle (Lonicera maackii)

Tartarian honeysuckle (Lonicera tatarica)

Blunt-leaved privet (Ligustrum obtusifolium)

Smooth buckthorn (Rhamnus cathartica)

Shining buckthorn (Rhamnus frangula)

Multiflora rose (Rosa multiflora)

Rugose rose (Rosa rugosa)

E) Permitted Procedures for Specimen and Witness Trees.

1) All applications which request the removal of one or more

specimen or witness trees shall be immediately referred to

the Township for its recommendation for approval or

disapproval. The Township may conduct on-site inspection

to determine whether or not such removal conforms to the

requirements of this Ordinance. Failure on the part of

the Township to reply within forty-five (45) days shall be

deemed approval. In the event that the Township

recommends denial of an application, it shall specify in

writing, the reason for the action. A zoning permit which

requires removal of a specimen tree or a witness tree

shall not be issued unless the issuance of a specimen or

witness tree removal permit has been recommended by the

Township.

2) The Township may recommend approval and removal of a

specimen or witness if one or more of the following

conditions is present:

a) Necessity to remove trees which pose a safety hazard

to pedestrian or vehicular traffic, or threaten to

cause disruption of public services.

b) Necessity to remove trees which pose a safety hazard

to buildings.

c) Necessity to remove diseased trees, trees infested

Pequea Township Zoning Ordinance 253

with destructive insects liable to infect the healthy

trees on the same or adjacent property, or trees

weakened by age, storm, fire or other injury.

d) Necessity to observe good forestry practices, i.e.,

the number of healthy trees that a given parcel of

land will support when documented by a report prepared

on behalf of the developer by a qualified professional

forester, or a registered landscape architect.

e) Other conditions which, in the judgment of the

Township, warrant the removal of the specimen or

witness tree.

F) All tree removal shall comply with all of the following:

1) Clear cutting of trees is prohibited on areas with slopes

greater than fifteen (15%) percent or within the 100 year

floodway or within fifty (50) feet of a wetland.

2) No tops or slash shall be left or deposited within 25 feet

of any street.

3) Felling or skidding across any street is prohibited unless

the person conducting the tree removal application or the

landowner obtains written permission to do so from the

Township or from PennDOT, whichever is responsible for the

street.

4) The person conducting the tree removal operation and the

landowner shall be responsible to promptly, and not less

than daily, remove all soil and debris washed or carried

onto any public street during tree clearing operations.

5) The person conducting the tree removal operation and the

landowner shall be responsible to remove all litter,

trash, discarded equipment, and similar items upon the

completion of any tree removal operation.

6) The person conducting the tree removal operation and the

landowner shall be responsible to reclaim all cut areas by

methods to insure that there is no increase in

sedimentation or storm water runoff.

Section 1731 Electromagnetic Radiation

Section 1732(B)(19)].

Section 1732 Performance Standards Procedures

A) In regard to those uses which are subject to Performance

Standards Procedures, the following requirements shall apply:

1) An application for a zoning permit or a certificate of

Pequea Township Zoning Ordinance 254

occupancy for a use subject to performance standards

procedure shall include a plan of the proposed construction

and description of the proposed machinery,

operations and products, and specifications of the

mechanisms and techniques to be used in restricting the

emission of any dangerous or objectionable elements listed

in this Article. The applicant shall also file with such

plans and specifications an affidavit acknowledging his

understanding of the applicable performance standards and

stating his agreement to conform with same at all times.

No applicant will be required to reveal any secret

processes, and any information submitted will be treated

as confidential except as otherwise provided by law. The

Township may employ qualified experts to review such plan,

descriptions and specifications at the cost of the

applicant. Farms in the Agricultural District are exempt

from the plan description but not the requirements of

Section 1732(D).

2) If, in the opinion of the Zoning Officer, a proposed use

could create a fire hazard, emit smoke, odor, or dust, or

could produce other results which could be obnoxious or

detrimental to other properties, he shall refer the

proposed use to the Zoning Hearing Board for possible

approval as a special exception. (Some of the uses are

mandatory special exceptions or conditional approvals as

per Article 19). The Zoning Hearing Board shall determine

if any of these conditions would be created, and in such

event the Zoning Hearing Board shall require assurances,

by means of special design of the structure, or processing

procedures or equipment, that the detrimental conditions

shall be eliminated. Upon submittal of these assurances,

the Zoning Hearing Board shall allow the Zoning Officer to

issue a permit for the proposed use if all other

requiremnts for the proposed use have been met. The

Zoning Hearing Board may require assurances that they may

deem satisfactory to guarantee that such conditions shall

not be created, or if created shall be eliminated.

3) Any normal replacement or addition of equipment and

machinery not affecting the operations or the degree or

nature of dangerous and/or objectionable elements

previously on-site shall not be considered a change in

use.

4) After occupancy, if there occurs continuous or frequent,

even though intermittent, violations of the Performance

Standards or other provisions for a period of five (5)

days, without bona fide and immediate corrective work, the

Zoning Officer shall suspend or revoke the occupancy

permit of the use, and the operation shall immediately

cease until it is able to operate in accordance with these

regulations at which time the occupancy permit shall be

reinstated. If of sufficient risk to health, safety or

Pequea Township Zoning Ordinance 255

welfare, only one violation may be necessary for

revocation of occupancy permit.

5) The Zoning Officer shall investigate any alleged

violations of Performance Standards, and if there are

reasonable grounds to believe that a violation exists, the

Zoning Officer may employ qualified experts to assist with

his investigation at the expense of the owner or operator.

6) A copy of said findings shall be forwarded to the Township

Supervisors. The services of any qualified experts

employed by the Township to advise in establishing a

violation or remediating it shall be paid for by the

alleged violator. No new certificate of occupancy shall

be issued unless such charges have been paid to the

Township.

B) Industrial and Commercial Performance Standards. The

following may also pertain to other uses in other zoning

districts as noted.

1) Legislative Intent. The Board of Supervisors desires to

provide standards for the operation of industrial and

commercial uses within the Township in order to protect

the health, safety and welfare of Township residents,

workers at such establishments, and visitors to the

Township. Public health and safety shall be maintained

through control of noise, vibrations, dust and particulate

emissions, sulfur oxides, smoke, odor, toxic matter,

detonable materials, fire hazards, glare, heat, radioactive

radiation, liquid or solid wastes, and electromagnetic

radiation. These items can cause a serious

danger to the public health and safety if they are not

properly handled and limited. For example, excessive

noise has been demonstrated to cause hearing loss, and air

pollution has been proven to exacerbate respiratory

difficulties. The dangers of fire are well known, and the

control of substances which create a risk of fire is

necessary.

The Board of Supervisors also seeks to protect the public

health and safety by imposing traffic and access control

and landscaping and screening requirements. Traffic and

access controls will lessen the possibility of vehicular

accidents. Landscaping and screening will provide a

barrier to the use and discourage trespassing. The

limitation of outdoor storage serves a similar purpose.

The Board of Supervisors also seeks to protect the public

through the requirement of a plan of access in the event

of emergency conditions. This will allow police, fire

fighters and rescue personnel to gain access to the

premises in an efficient and safe manner in times of

emergency.

Pequea Township Zoning Ordinance 256

2) Enforcement.

a) The Industrial and Commercial Performance Standards

contained in this Section and in Section 1004 shall be

the minimum standards to be met and maintained by all

industrial and commercial uses within the Township.

Industrial and commercial uses shall be defined as

those uses, regardless of location, which are specified

as permitted uses or uses by special exception in

any of the industrial and commercial districts established

by this Ordinance including uses of a similar

nature not specifically identified in this Ordinance

but which would be permitted in an Industrial or

Commercial District.

b) Industrial and commercial uses existing within the

Township on the effective date of this Section which

do not currently meet and maintain the standards

contained herein and in Section 1004 shall bring their

operations into compliance within six (6) months from

the effective date of this Section. It shall be the

responsibility of the owner and/or operator of the

industrial or commercial use to determine if the use

meets and maintains the standards set forth in this

Ordinance. The Zoning Officer shall review that

determination for conformance.

c) The owner and/or operator of any commercial or

industrial use existing on the effective date of this

Section shall have the right to appeal a determination

that the industrial or commercial use does not meet

and maintain the industrial or commercial Performance

Standards contained herein to the Zoning Hearing

Board.

3) Certification. All applications for industrial uses must

be accompanied by a certification from a registered

professional engineer in the Commonwealth of Pennsylvania

that the proposed use can meet the performance standards

of the appropriate district. Further, the Zoning Officer

may employ consultants to evaluate the environmental

effects with respect to performance standards at the

landowner’s expense.

Commercial uses shall not require a certification unless

the use is deemed by the Zoning Officer to carry out

procedures in the business that could have a significant

potential negative effect on the environment.

4) Storage and Servicing. In the Industrial District only,

all businesses, services, manufacturing or processing

within five hundred (500) feet of any R-1 Residential or

R-2 Residential District boundaries shall be conducted

within completely enclosed buildings. All outdoor storage

Pequea Township Zoning Ordinance 257

shall be screened from adjoining streets and the public

right-of-way. All organic rubbish shall be in airtight,

vermin-proof containers. All landscape buffer, greenbelt,

and screening requirements shall be met (see §§1004 and

1710). Industrial storage outdoors is prohibited in any

location other than the Industrial District (see also

§1009).

5) Noise. All terminology used in this Section which is not

defined in Article 2, shall be in conformance with the

applicable publications of the American National Standards

Institute (ANSI S1.1 - 1960 [R1971] and its revisions) or

its successor body.

a) Noise shall be measured with a sound level meter

having an A-weighted filter constructed in accordance

with specifications of the American National Standards

Institute (ANSI). Measurements are to be made at any

point on an adjoining lot line as indicated in Table

I following.

b) Impulsive sounds shall be measured using the fact

response of the sound level meter. Measurements are

to be made at any point on an adjoining lot line as

indicated in Table I.

c) Occasionally used safety signals, warning devices, and

emergency pressure relief valves shall be exempt from

this Section.

d) Industrial or Commercial Use Noise Levels. The

following table describes the maximum sound pressure

level permitted from any industrial or commercial use

measured on any adjacent lot line.

Pequea Township Zoning Ordinance 258

TABLE I

Permitted Sound Pressure Levels

Industrial and Commercial Operations

Maximum Sound Pressure

Octave Band in Levels in Decibels

Cycles per Second

7 a.m. to 10 p.m.

0 - 75 74

75 - 150 59

150 - 300 52

300 - 600 46

600 -1,200 42

1,200 -2,400 39

2,400 -4,800 36

above -4,800 33

(1 Decibel = 0.002 dynes per square centimeter)

For any noise of an impulsive or periodic character the

permissible limits for each octave band shall be reduced by

five (5) decibels. Sound levels shall be measured at the lot

line with a sound level meter and associated octave band

filter manufactured according to standards prescribed by the

American Standards Association.

No noise shall be audible beyond any lot line exceeding the

average intensity of the street traffic at the lot line

between the hours of 10 p.m. and 7 a.m. Any crushers or

similar structures used in quarry or their construction work

shall be completely soundproofed.

6) Vibration. Vibration perceptible beyond the lot line

shall not be acceptable above the average intensity of

street vibration at the property lines of the lot on

which the use is conducted for industrial or commercial

uses.

7) Dust and Particulates.

a) The total emission rate of dust and particulate matter

from all vents, stacks, chimneys, flues or other

opening or any process, operation, or activity within

the boundaries of any lot, shall not exceed the levels

set forth below. Emissions of dust and particulates

shall be in accordance with the DER Rules and Regulations

and EPA governing air contamination and air

pollution, and, in case of conflict, the most

restrictive shall apply.

b) Emission rate of particulate matter in pounds per hour

from any single stack shall be determined by selecting

Pequea Township Zoning Ordinance 259

a continuous four hour period which will result in the

highest average emission rate.

c) Particulate matter emission from materials or products

subject to becoming windborne shall be kept to a

minimum by paving, wetting, covering or other

environmentally safe means, such as to render the

surface wind resistant. Such sources include vacant

lots, unpaved roads, yards and storage piles of bulk

material such as coal, sand, cinders, slag, sulfur,

etc. No fugitive emissions shall be allowed over the

lot line.

d) Industrial or Commercial Use. The maximum emission

rate of dust and particulate matter from all stacks or

other sources shall be 0.5 pounds per hour per acre of

lot area.

8) Sulfur Oxides.

a) Emission of oxides of sulfur (such as sulfur oxide)

from combustion and other processes shall be limited

in accordance with the requirements below. The oxides

of sulfur may be computed from the sulfur analysis in

the fuel or from known test data of sulfur oxide

emissions.

b) Industrial or Commercial Use. The maximum emission

rate of oxides of sulfur from all stacks shall be 0.05

pounds per hour per acre of lot area.

9) Smoke.

a) For the purpose of grading the density or equivalent

opacity of smoke, the Ringelmann Chart as published by

the United States Bureau of Mines shall be used.

Umbrascope readings of smoke may be used when

correlated with Ringelmann’s Chart.

b) Industrial or Commercial Use. The emission of smoke

darker than Ringelmann No. 1 from any chimney, stack,

vent, opening, or combustion process is prohibited.

10) Odor.

a) Odor thresholds shall be measured in accordance with

ASTM d1391-57 "Standard Method for Measurement of Odor

in Atmospheres (Dilution Method)" or its equivalent.

b) All Districts. Odorous material released from any

operation or activity shall not exceed the odor

threshold concentration beyond the lot line, measured

either at ground level or habitable elevation. This

shall not pertain to normal farming odors.

Pequea Township Zoning Ordinance 260

11) Toxic Matter.

a) The ambient air quality standards for the State of

Pennsylvania or federal government shall be the guide

to the release of airborne toxic materials across lot

lines in all Districts. Where toxic materials are not

listed in the ambient air quality standards of the

state or federal government, the release of such

materials shall be in accordance with the fractional

quantities permitted below, of those toxic materials

currently listed in the Threshold Limit Values adopted

by the American Conference of Governmental Industrial

Hygienists. Unless otherwise stated, the measurement

of toxic matter shall be at ground level or habitable

elevation, and shall be the average of any 24 hour

sampling period.

b) All Districts. The release of airborne toxic matter

shall not exceed 1/30th of the threshold limit value

across lot lines.

12) Detonable Materials.

a) Activities involving the storage, utilization or

manufacture of products which decompose by detonation

shall be in accordance with the regulations of the

Industrial District and §1708.

b) Such materials shall include but are not limited to:

all primary explosives such as lead azide, lead

styphnate, fulminates and tetracene; all high explosives

such at TNT, RDX, HMX, PETN, and picric acid;

propellants and components thereof, such as dry

nitrocellulose, black powder, boron hydrides,

hydrazine and its derivatives; pyrotechnics and

fireworks such as magnesium powder, potassium chlorate

and potassium nitrate; blasting explosives such as

dynamite and nitroglycerine; unstable oxidizing agents

such as perchloric acid, perchlorates, and hydrogen

peroxide in concentration greater than thirty-five

(35%) percent; and nuclear fuels, fissionable

materials and products, and reactor elements such as

Uranium 235 and Plutonium 239.

c) The use of the above is limited to the Industrial

District. The storage, utilization or manufacture of

materials or products which decompose by detonation is

limited to five (5) pounds.

13) Fire Hazard Solids. In the Industrial District,

storage, utilization, or manufacture of solid

materials which are active to intense burning shall be

conducted within spaces having fire resistive

construction of no less than two (2) hours and

Pequea Township Zoning Ordinance 261

protected with an automatic fire extinguishing system.

They are prohibited elsewhere.

14) Fire Hazard Liquids and Gases.

a) The storage, utilization or manufacture of flammable

liquids or gases which produce flammable or explosive

vapors shall be permitted only in accordance with this

Section, exclusive of the storage of finished products

in original sealed containers (60 gallons or less),

which shall be unrestricted.

b) The total storage capacity of flammable liquids and

gases shall not exceed those quantities permitted in

the following table for Industrial District. They are

prohibited elsewhere.

TABLE OF STORAGE CAPACITY OF

FLAMMABLE LIQUIDS AND GASES

LIQUIDS GASES

ABOVE GROUND ABOVE GROUND

FLASH POINT,

Less than 70

5,000 gal 20,000 gal 150,000 SCF*

BELOW GROUND BELOW GROUND

10,000 gal 40,000 gal 300,000 SCF*

*SCF - Standard Cubic feet a 60 degrees F and 29.92 inches Hg.

15) Glare. Any operation or activity producing glare

shall be conducted so that direct or indirect light

from the source shall not cause illumination in excess

of 0.5 foot-candles when measured on any adjoining

lot. This applies in all districts.

a) Direct Glare. Direct glare is defined for the purpose

of this Ordinance as illumination beyond property

lines caused by direct or secularly reflected rays

from incandescent, fluorescent, or arc lighting or

from such high temperature processes as welding or

petroleum or metallurgical refining. No such direct

glare shall be permitted with the exception of

lighting required by Section 1741 of this Ordinance.

b) Indirect Glare. Indirect glare is defined for the

purpose of this Ordinance as illumination beyond

property lines caused by diffuse reflection from a

surface such as a wall or roof of a structure.

Indirect glare shall not exceed the value which is

Pequea Township Zoning Ordinance 262

produced by an illumination of the reflecting surface

not to exceed:

0.3 foot-candles (Minimum)

0.1 foot-candles (Average)

Deliberately induced sky-reflected glare, as by

casting a beam upward for advertising purposes, is

specifically prohibited.

16) Heat. For industrial and commercial use for the

purpose of this Ordinance, heat is defined as thermal

energy of a radioactive, conductive, or convective

nature. Heat emitted at any or all points shall not

at any time cause a temperature increase on any

adjacent property in excess of five (5) degrees

fahrenheit; whether such change be in the air or in

the ground, in a natural stream or lake, or in any

structure on such adjacent property.

17) Radioactive Radiation. In all Districts, no

activities shall be permitted which emit radioactivity

at any point beyond the property line. The handling

of radioactive materials, the discharge of such

materials into the air and water, and the disposal of

radioactive materials and wastes shall be in

conformance with the regulations of the Nuclear

Regulatory Commission as set forth in Title 10,

Chapter One, Part 20 - Standards for Protection

Against Radiation, as amended; and all applicable

regulations of the State of Pennsylvania.

18) Liquid or Solid Wastes. In all Districts, no

discharge shall be permitted at any point into any

sewage disposal system, or watercourse, or lake, or

into the ground, except in accord with standards

approved by the DER or other regulating department or

agency, or any materials of such nature or temperature

as can contaminate any water supply or otherwise cause

the emission of dangerous or offensive elements.

There shall be no accumulation of solid wastes

conducive to the breeding of rodents or insects. No

waste shall be stored for any period beyond thirty

(30) days. All shall be stored in any enclosed

building or approved container.

19) Electromagnetic Radiation. It shall be unlawful to

operate, or cause to be operated, any planned or

intentional source of electromagnetic radiation for

such purposes as communication, experimentation,

entertainment, broadcasting, heating, navigation,

therapy, vehicle velocity measurement, weather survey,

aircraft detection, topographical survey, personal

pleasure, for any other use directly or indirectly

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associated with these purposes which does not comply

with the current regulations of the Federal Communications

Commission regarding such sources of

electromagnetic radiation. These shall pertain in all

Districts. Also all new or added electricity

transmission projects of public utilities shall have

an EMF mitigation plan to eliminate to the greatest

extent possible any potential health risk or nuisance.

20) Kilns. These shall be fired by oil, gas or

electricity. They may be allowed in Commercial or

Industrial Districts. No individual kiln shall exceed

two hundred (200) cubic feet in capacity, and no

process shall contain a blast or reverberating furnace

or foundry.

C) Commercial Performance Standards.

1) Commercial performance standards shall comply with

Sections 1732(A) and Section 1732(B). Additionally, all

commercial uses shall also be subject to the performance

standards outlined in Sections 1004(E), (F), (I), and (J)

of the Industrial District regulations. Commercial uses

shall be defined as those uses regardless of location,

which are specified as permitted uses or uses by special

exception in the Commercial District including uses of a

similar nature not specifically identified in the Ordinance

but which would be classified as commercial by the

Township Zoning Officer.

2) General Commercial Design Standards.

a) Establishments furnishing carts or mobile baskets

shall provide definite areas on the site for the

storage of said carts which shall be clearly marked

and designated for such storage.

b) To the greatest extent possible, commercial buildings

shall be designed to have at least fifty (50%) percent

of the minimum required landscape area contained

between the street right-of-way line and the building

face.

D) Agricultural Performance Standards. The following

restrictions shall apply in all districts in which

agriculture is permitted unless otherwise stated:

1) No farm building or any other outbuilding shall be

constructed closer than fifty (50) feet to any property

line.

2) All grazing or pasture areas shall be fenced to prevent

livestock from roaming.

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3) The construction or operation of a building for the

cultivation of mushrooms shall be prohibited within the

Residential Districts, Commercial District, or Industrial

District.

4) No slaughter area or manure storage shall be established

closer than one hundred (100) feet to any property line.

5) No manure shall be stored within fifty (50) feet of any

property line.

6) All manure management practices and operations shall

comply with the guidelines outlined in the DER Bureau of

Water Quality Management Publication No. 43 titled

"Manure Management for Environmental Protection." or as

amended. Also, Township Ordinance 79 shall be complied

with concerning manure management and nutrient management

plans. A permit is required from the Township.

7) All lots used for agricultural purposes, regardless of

lot size, shall be subject to this Section. Lots which

are less than ten (10) acres in lot area used for

agricultural purposes on the effective date of this

Section (September 9, 1996) shall also be subject to

Article 18, Nonconforming Uses and Buildings, of this

Ordinance.

Section 1733 Non-Residential Activity

No non-residential activity or use shall be permitted in any

district except as specified by this Ordinance.

Section 1734 Storage (Outside)

In all districts, no outdoor stockpiling of any material or

outdoor storage of trash is permitted in the front yard. On any

residential lot, the outdoor stockpiling of materials (except

firewood) for more than one (1) year is prohibited. [See also

Sections 1941, 1009, 1732(B)(4), and 1712].

Section 1735 Sale of Agricultural Products

The display and retail sale of agricultural products such as

vegetables, fruits, and eggs in a temporary portable structure is

permitted in the Agricultural, R1, R2, and Commercial districts

provided the following conditions are complied with:

A) That at least fifty (50%) of the products sold shall be

agricultural products grown and produced by the seller on

land which is part of the same tract as that on which the

structure is located or is contiguous thereto;

B) That the location of the structure shall be compatible with

the existing traffic condition and adjacent uses;

Pequea Township Zoning Ordinance 265

C) That off-street parking for at least three (3) cars be

available and that it comply in all other respects with

Article 14;

D) That the structure be located at least fifteen (15) feet from

the road right-of-way line;

E) That during the non-growing season and seasons when the

structure is not open for business on a daily basis, such

structure shall be taken down and removed from the premises;

and

F) For sale of agricultural products in permanent structures see

Section 1910.

Section 1736 Uses Not Provided For

Whenever under this Ordinance a use is neither specifically

permitted nor denied and an application is made by an applicant

to the Zoning Officer for such use, the Zoning Officer shall

refer the application to the Zoning Hearing Board to hear and

decide such request as a special exception. The Zoning Hearing

Board shall have the authority to permit the use or deny the use

in accordance with the standards governing special exception

applications. The use may be permitted if it is similar to and

compatible with the permitted uses in the district in which the

subject property is located, is not permitted in any other

district under the terms of this Ordinance, and in no way is in

conflict with the general purposes and intent of this Ordinance.

The burden of proof shall be upon the applicant to demonstrate

that the proposed use meets the foregoing criteria and would not

be detrimental to the public health, safety and welfare of the

neighborhood.

Section 1737 Municipal Uses

Municipal uses shall be permitted as uses as of right within all

zoning districts. Municipal uses shall be exempted from minimum

lot area, minimum lot width, minimum lot depth, yard, impervious

surface area, off-street parking, landscaping and all other

requirements of this Ordinance.

Section 1738 No-Impact Home-Based Businesses

No-impact home-based businesses may be conducted as accessory

uses in single family dwellings subject to the following:

A) No changes to the exterior of the dwelling shall be permitted

which would have the effect of altering its character as a

dwelling.

B) No outside storage shall be permitted.

Pequea Township Zoning Ordinance 266

C) No vehicles, except for typical automobiles or pick-up

trucks, shall be used in the occupation. No commercial

vehicles shall be used as part of the business.

D) No deliveries by tractor-trailer shall be permitted.

E) The businesses shall not result in any noise, glare,

vibration, electrical or electromagnetic interference to

radio or television signals, odor, or sewage discharge which

are significantly different from those of typical dwellings.

F) All operators and employees of the business shall reside in

the dwelling.

G) No accessory building shall be used for the business or for

storage in connection with the business. The business shall

be conducted only within the dwelling.

H) No signs for the business shall be permitted.

Section 1739 Forestry Uses

In accordance with the MPC, forestry uses are permitted by right

in every zoning district subject to the following requirements

and performance standards. To the extent Section 1739 is

inconsistent with other provisions of this Ordinance or the

Pequea Township Storm Water Management Ordinance, the more

restrictive regulations shall apply.

A) An application for a zoning permit shall be submitted to the

Zoning Officer for the removal of trees.

B) All forestry activities shall be conducted in accordance with

accepted silvicultural principles. The applicant shall

prepare and file a forestry management plan when harvesting

forty (40) or more trees involving more than two (2) acres.

The forestry management plan shall be prepared by a qualified

forester or forest technician. The forestry management plan

shall be consistent with the Timber Harvesting Guidelines of

the Pennsylvania Forestry Association.

C) The applicant shall furnish qualified written evidence that

the proposed use shall be conducted according to a soil

erosion and sedimentation control plan for timber harvesting

operations. All subsequent activities shall, at all times,

be conducted in accordance with the soil erosion and

sedimentation control plan.

D) If the proposed forestry activity disturbs more than one (1)

acre, the applicant shall furnish written evidence that the

Lancaster County Conservation District has approved an

erosion and sedimentation control permit. A copy of the

Lancaster County Conservation District Permit shall be

provided to the Zoning Officer prior to the issuance of a

Pequea Township Zoning Ordinance 267

zoning permit for the use. All subsequent activities shall,

at all times, be conducted in accordance with the Lancaster

County Conservation District permit.

E) If the proposed forestry activity in any way obstructs or

encroaches upon an existing waterway, the applicant shall

furnish written evidence that the applicant has received

approval of a dam safety and waterway management permit

(General Permit No. 8 or its equivalent) from the Lancaster

County Conservation District. A copy of the Lancaster County

Conservation District Permit shall be provided to the Zoning

Officer prior to the issuance of a zoning permit for the use.

All subsequent activities shall, at all times, be conducted

in accordance with the Lancaster County Conservation District

Permit.

F) Removal of trees within fifty (50) feet of any stream bank

shall be limited to selected trees that will not result in

the removal of more than fifty (50%) percent of the overhead

tree canopy that provides shade to the stream.

G) Clear-cutting of trees is prohibited except to the extent

permitted by Section 1730(B) of this Ordinance.

H) All operations shall comply with the requirements upon tree

cutting and removal in Sections 1730(A) and 1730(F) of this

Ordinance.

I) The applicant shall promptly restore all lands in accordance

with the Forestry Management Plan.

Section 1740. Environmental Impact Assessment

An applicant proposing any subdivision or development within one

hundred (100) feet of any land or soils located within the

Floodplain District or a delineated wetland or hydric soils shall

perform a survey delineating such areas. The survey shall be

performed by a person who is either (1) qualified to conduct bog

turtle surveys or (2) qualified to identify and delineate

wetlands. Such survey shall be submitted as part of the

environmental impact assessment meeting all the requirements of

Appendix C of this Ordinance. No application for a special

exception, conditional use, variance, subdivision or land

development, shall deemed to be complete prior to submission of

an environmental impact assessment containing all of the elements

set forth in Appendix C.

Section 1741. Lighting Requirements and Standards.

A) Purpose. This section sets forth minimum criteria for the

installation, use and maintenance of exterior lighting, the

purposes of which are the following:

Pequea Township Zoning Ordinance 268

1) To require lighting in outdoor public spaces where safety

and security are concerns.

2) To protect drivers and pedestrians on nearby streets from

glare from nonvehicular light sources that shine directly

into their eyes and thereby impair safe travel.

3) To shield neighboring properties from glare resulting

from excessive light sources and from nonexistent or

improperly directed or shielded light sources.

4) To limit the height of light standards to preclude or

lessen light pollution.

5) To promote efficient design and operation with regard to

energy conservation.

B) When required. Lighting facilities shall be required for all

off-street parking areas containing more than twenty-five

(25) off-street parking spaces and off-street loading areas

and for all driveways providing ingress and egress thereto.

In addition, the provisions of this Section shall apply to

signs, architectural lighting, and landscape lighting.

C) Plan submission. At the time an applicant submits a

subdivision or land development plan to the Township Planning

Commission for review and at the time an applicant submits an

application for a permit under this Ordinance for any use

identified in §1741(B), the applicant shall submit a lighting

plan. A lighting plan shall include all of the following

data:

1) A schematic layout of all proposed exterior fixtures.

2) International Organization for Standardization (ISO)

footcandle data.

3) A plat demonstrating intensities and uniformities within

the limitations established in §1741(D).

4) The manufacturer’s description of the equipment

(catalogue cut sheets) in the form of a detail on the

plans.

5) Glare control devices.

6) Mounting heights and means.

7) Proposed hours of operation of the lighting.

8) Maintenance schedule.

9) A ten (10) foot by ten (10) foot grid setting forth a

plotting of illumination intensities.

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D) Lighting Standards.

1) Lighting facilities located in any off-street parking

areas and loading areas and for uses and developments

specified in §1741(B) or in connection with signs and

recreational and institutional activities shall provide

an illumination level utilizing the current recommended

standards of the Illuminating Engineering Society of

America (IESNA) except as otherwise modified by the

provisions of this §1741(D). However, in any instance in

which the principal use of the property requires the

granting of either a special exception or a variance, the

Zoning Hearing Board may impose a more stringent lighting

standard requiring less illumination as a condition of

any such approval when it determines the same to be

necessary to protect the adjoining properties or streets

from light pollution or glare.

2) When illumination is required, it shall have the

intensity and uniformity ratios in the Lighting Handbook

of the Illuminating Engineering Society of America

(IESNA), 9

follows:

Maintained Footcandles (MFC) Uniformity, Average: Minimum

Use

Parking, M ultifamily 0.20 mm; 4:1

Medium vehicular/pedestrian activity 0.60 mm; 4:1

Parking, Industrial, Commercial, Institutional, Municipal 0.60 mm; 4:1

High Activity (Regional Shopping Centers, Fast Food

Facilities, Major Athletic, Civic or Cultural Events)

0.90 mm; 4:1

Medium Activity (Community Shopping Center, Office

Parks, Hospitals, Commuter Lots, Civic or Cultural Events)

0.60 mm; 4:1

Low Activity (Neighborhood Shopping Area, Industrial

Employee Parking, Schools, Church Parking)

0.50 avg; 5:1

Building entrances 5.0 avg.

Canopy over Gas Dispensing Devices, Service Station Pump

Islands

35.0 avg.

Car Dealerships 35.0 max [1]