(1) All driveways connecting to or intersecting with any street shall be located at least 80 feet from the intersection of any street line and shall be designed in accordance with Township specifications unless connection is to a state highway and the Pennsylvania Department of Transportation requires a design specification different from that of the Township's. Where feasible and if so directed by the Township Engineer, access shall be located on a minor local streets or collector streets rather than on a major street or through highway. The developer shall be responsible to install any traffic control devices, acceleration lanes or deceleration lanes required by PennDOT, in the case of state highways, or the Township Engineer or Supervisors, in the case of Township streets, related to the driveway installation.

(2) Every use shall be served by adequate access for fire-fighting and other emergency service equipment. Such access shall include but not necessarily be limited to turning radii sufficient to accommodate fire equipment, adequacy of roadway and right-of-way widths to accommodate the free flow of such equipment and emergency access roads, including provision for adequate access in front of, between and behind buildings and structures, which shall be sufficient to support the weight of fire equipment in all types of weather, as approved by the Township Engineer and Township Fire Marshal.

A. Any tract of land, hereinafter known as the "development tract," proposed to be developed shall be in single and separate ownership or, in the case of multiple tracts and separate ownership proposed to be combined for such development, at the time the application is filed with the Board, there shall be submitted therewith a written agreement in the form of a declaration of restrictions, covenants and easements, in a form suitable for recordation, which imposes upon all such tracts the condition that they be developed in accordance with a single plan, with common authority and common responsibility, so that the tracts so combined are developed as a single development tract in accordance with the zoning regulations of this district and the subdivision and land development regulations established in Chapter 72 of this Code.

B. The development tract shall be a contiguous minimum area of 115 acres, provided that, if the applicant proposes to develop a championship golf course, as that term is defined by the Professional Golfers Association, the minimum development tract area shall be 175 contiguous acres. If an existing golf course is proposed to be expanded and will be utilized and integrated as a part of the expanded golf course, that area of ground comprising the existing golf course may be included as forming a part of the required minimum development tract area; provided, however, within the area comprising the expanded golf course area there shall be not less than 6.3 acres per hole for a nonchampionship golf course and 9.7 acres per hole for a championship golf course.

C. The tract shall be served by public sanitary sewers and by a public water supply system.
 

Conditional use application requirements.
An application for a conditional use within the RGC Residential Golf Course District shall be filed with the Board of Supervisors in accordance with the application requirements of § 84-74 of this chapter.

See Article XXIV: RGC Residential Golf Course District for more detailed information about this district.

The following regulations shall apply to any retail establishment that provides a drive-through lane, including but not limited to a drive-through restaurant:
 

A. Interior traffic circulation shall be designed so as to minimize traffic congestion at points of ingress and egress and to promote public safety for those patrons parking or using the drive-through lane.

B. Fire lanes shall be clearly established, as required by the Township Fire Code.

C. The required loading and unloading zones shall be designed to minimize interference with interior traffic circulation and parking facilities.

D. A ten-foot-wide stacking lane shall be provided for each service lane or bay. The length of the stacking lane shall be sufficient to accommodate the peak traffic anticipated to use the drive-through lane as determined by the Township Engineer after evaluation of a traffic study prepared by the applicant.

E. All designated points of ingress and egress for all vehicles shall be designed to consider traffic volumes on existing streets and adjacent uses.

F. All exterior speaker, microphone or intercom systems shall be designed in a manner so the messages, music or other audible sounds are reduced by 80% from the source to any property line.

Purpose.
This section sets forth minimum criteria for the installation, use and maintenance of exterior lighting, the purposes of which are to require lighting in outdoor public places where safety and security are concerns; protect drivers and pedestrians on nearby streets from disabling glare from non-vehicular light sources that shine directly into their eyes and thereby impair safe travel; shield neighboring properties from nuisance glare resulting from excessive light sources and from nonexistent or improperly directed or shielded light sources; limit the height of light standards to preclude or lessen light pollution; and promote efficient design and operation with regard to energy conservation. As used herein, the term "glare" means distracting, harsh or blinding or uncomfortably bright light originating from or reflecting off man-made objects.

(1) Lighting standards: applicability. Lighting facilities shall be required for all off-street parking areas and off-street loading areas and for all driveways providing ingress and egress thereto for all subdivisions and/or land developments for business, commercial, personal service, industrial, multifamily, recreational, institutional and public uses. In the approval of any subdivision or land development plan, the Supervisors shall have the authority to require lighting to be incorporated for other uses or locations where in their reasonable discretion such lighting is warranted. In addition, the provisions of this section shall apply to signs, architectural lighting and landscape lighting.

Design standards and illumination standards.
 

(a) Lighting facilities located in off-street parking areas and loading areas for uses and developments governed by this section, or in connection with signs and recreational and institutional activities, shall provide an illumination level utilizing the current recommended practice and/or standards of the Illuminating Engineering Society of North America (IESNA), unless otherwise recommended by the Zoning Officer, or Township board or commission having jurisdiction for justifiable cause shown, except as otherwise modified by the provisions of this section.

(b) Illumination, where required by this section shall, as a maximum, have the intensities and uniformity ratios in Lighting Handbook of the Illuminating Engineering Society of North America (IESNA), 9th Edition, except as modified herein, see § 84-55F(3)(b).

(c) In the application of the above standards, the following regulations shall apply: see § 84-55F(3)(c) for details.

 

Glare control. For purposes of these regulations, "glare" is defined as the sensation produced by lighting that causes an annoyance, discomfort or loss in visual performance and visibility to the eye. See 84-55F(4) for details.

Installation and maintenance.

(a) The applicant/landowner shall install or cause to be installed all lighting fixtures and facilities at his/its expense. Light fixtures and poles shall be in accordance with a lighting plan approved by the Supervisors upon recommendation of the Planning Commission and Township Engineer, in compliance with this section. The landowner shall be responsible for all costs involved in the maintenance, upkeep and operation of all lighting of parking and loading areas and other areas required by this section.

(b) Electrical feeds to lighting standards shall be run underground, not overhead.

(c) Lighting fixtures shall be maintained by the landowner so as to always meet the requirements of this section.

 

Compliance.

(a) Board of Supervisors' approval of a lighting plan upon the recommendation of the Planning Commission and/or Township Engineer does not relieve the landowner of responsibility should any light standards or light fixtures, after construction, fail to conform or continue to conform to the provisions of this section. The Township reserves the right to conduct a post-installation nighttime inspection to verify compliance with the requirements of this section and, if appropriate, to require remedial action at the expense of the landowner.

(b) Authority for determination of correct lighting installation shall rest with the Zoning Officer, with advice from the Township Engineer. If the Zoning Officer determines that any lighting installation creates a safety or personal security hazard due to insufficient illumination levels or produces unacceptable levels of nuisance glare, light pollution or skyward light, the landowner or other person/entity then responsible for the use, maintenance and operation of the lighting shall be so notified and required to take timely remedial action at the expense of the landowner or other responsible person.

(c) If appropriate remedial or corrective action has not been effected within 30 days of notification, the landowner or other responsible person/entity shall be issued an enforcement notice and shall be subject to the penalty provisions of this Zoning Chapter.

See § 84-55F for detailed information.

(a) The fence does not exceed four feet in height.
(b) The fence is not solid and instead maintains a minimum 1:1 ratio of open-to-structural areas (such as a picket fence).

(a) The fence does not exceed six feet in height.
(b) The fence may be solid.
(c) The fence shall be erected in the rear of the dwelling.
(d) The fence shall not be erected in the right-of-way.

(a) The fence does not exceed six feet in height on a lot with a residential use and 10 feet in height on a lot with any other use.
(b) The fence may be solid.

A. The identified floodplain area shall be:

(1) Any areas of West Goshen Township classified as special flood hazard areas (SFHAs) in the Flood Insurance Study (FIS) and the accompanying Flood Insurance Rate Maps (FIRMs) dated September 29, 2017, and issued by the Federal Emergency Management Agency (FEMA), or the most recent revision thereof, including all digital data developed as part of the Flood Insurance Study.
 

B. The above-referenced FIS and FIRMs, and any subsequent revisions and amendments, are hereby adopted by West Goshen Township and declared to be a part of this article.

Description and special requirements of identified floodplain areas.

A. The Floodway Area. See § 84-90.5A for details.
B. The AE Area/District. See § 84-90.5B for details.
C. The A Area/District. See § 84-90.5C for details.
D. The AO and AH Area/District. See § 84-90.5D for details.

E. In lieu of any of the analysis or methods set forth above, the Township may require the applicant to determine the elevation with hydrologic and hydraulic engineering techniques. Hydrologic and hydraulic analyses shall be undertaken only by professional engineers or others of demonstrated qualifications, who shall certify that the technical methods used correctly reflect currently accepted technical concepts. Studies, analyses, computations, etc., shall be submitted in sufficient detail to allow a thorough technical review by the municipality. In the absence of any of the above data or documentation, the Township may require elevation of the lowest floor to be at least three feet above the highest adjacent grade.

 

Any new construction, development, uses or activities allowed within any identified floodplain area shall be undertaken in strict compliance with the provisions contained in this article and any other applicable codes, ordinances and regulations.

Within any identified floodplain area, no new construction or development shall be located within the area measured 50 feet landward from the top-of-bank of any watercourse.

Uses permitted by right. See § 84-90.9E for a detailed list.
Special exception uses. See § 84-90.9F for a detailed list.

Elevation and floodproofing requirements.

Within any identified floodplain area, any new construction or substantial improvements shall be prohibited unless otherwise provided for herein. If a use is permitted by right, by special exception or by variance, then the following provisions apply:
 

A. Residential structures.

(1) In AE, A1-30, and AH Zones, any new construction or substantial improvement shall have the lowest floor (including the basement) elevated up to, or above, the regulatory flood elevation.

(2) In A Zones, where there are no base flood elevations specified on the FIRM, any new construction or substantial improvement shall have the lowest floor (including the basement) elevated up to, or above, the regulatory flood elevation determined in accordance with this article.

(3) In AO Zones, any new construction or substantial improvement shall have the lowest floor (including the basement) at or above the highest adjacent grade at least as high as the depth number specified on the FIRM.

(4) The design and construction standards and specifications contained in the 2009 International Building Code (IBC) and in the 2009 International Residential Code (IRC), or the latest edition thereof adopted by the Commonwealth of Pennsylvania, and ASCE 24 and 34 Pa. Code (Chapters 401-405, as amended) shall be utilized, where they are more restrictive.

B. Nonresidential structures. See § 84-90.10B for details.
C. Space below the lowest floor. See § 84-90.10C for details.

D. Historic structures. See § 84-90.10D for details.

E. Accessory structures. See § 84-90.10E for details.

 

Design and construction standards. See § 84-90.11: Design and construction standards for detailed information.
Development which may endanger human life. See § 84-90.12: Development which may endanger human life for a list of material and substances dangerous to human beings.

Special requirements for subdivisions and development.
All subdivision proposals and development proposals containing at least 50 lots or at least five acres, whichever is the lesser, in identified floodplain areas where base flood elevation data are not available, shall be supported by hydrologic and hydraulic engineering analyses that determine base flood elevations and floodway information. The analyses shall be prepared by a licensed professional engineer in a format required by FEMA for a conditional letter of map revision (CLOMR) and letter of map revision (LOMR). Submittal requirements and processing fees shall be the responsibility of the applicant.

Special requirements for manufactured homes. See § 84-90.14: Special requirements for manufactured homes. for detailed information.

Special requirements for recreational vehicles.
Within any identified floodplain area, recreational vehicles shall be prohibited. If a variance is obtained in accordance with the required criteria, then the following provisions apply:

A. Recreational vehicles in Zones A, A1-30, AH and AE must:

(1) Be on the site for fewer than 180 consecutive days; and
(2) Be fully licensed and ready for highway use.

Prohibited Uses. See § 84-90.16: Prohibited uses. for details.

Existing structures.
The provisions of this article do not require any changes or improvements to be made to lawfully existing structures. However, when an improvement is made to any existing structure, the following provisions shall apply to such improvements.

Improvements to existing structures. See § 84-90.18: Improvements to existing structures for detailed information.

See Article XIX: Floodplain Regulations for more detailed information.

Manufacturing activities in this section shall be carried on in completely enclosed buildings. Only storage may be permitted out of doors, under the provisions of § 84-55B of this chapter.

Control of vibration. Operating or permitting the operation of any device that creates vibration which is above the vibration perception threshold of an individual at or beyond the property boundary of the source if on private property or at 50 feet from the source if on a public space or public right-of-way shall be prohibited. For the purposes of this section, "vibration perception threshold" means the minimum ground- or structure-born vibrational motion necessary to cause a normal person to be aware of the vibration by such direct means as, but not limited to, sensation by touch or visual observation of moving objects.

Control of outdoor storage and waste disposal.

(1) No flammable or explosive liquids, solids or gases shall be stored in bulk above the ground, except for tanks or drums of fuel directly connecting with energy devices, heating devices or appliances located and operated on the same lot as the tanks or drums of fuel.

(2) All outdoor storage facilities for fuel, raw materials and products stored outdoors, including those permitted in Subsection D(1) above, shall be enclosed by a fence of a type, construction and size as shall be adequate to protect and conceal the facilities from any adjacent properties. Fencing shall not only encompass the question of safety but also of screening, and the screening shall preferably be evergreen. All National Occupational Safety and Health Administration regulations shall be met.

(3) No materials or wastes shall be deposited upon a lot in such form or manner that they may be transported off by natural causes or forces, nor shall any substance which can contaminate a stream or watercourse or otherwise render such stream or watercourse undesirable as a source of water supply or recreation, or which will destroy aquatic life, be allowed to enter any stream or watercourse. Applicable Department of Environmental Protection regulations shall apply.

(4) All materials or wastes which might cause fumes or dust or which constitute a fire hazard or which may be edible or otherwise attractive to rodents or insects shall be stored outdoors only if enclosed in containers adequate to eliminate such hazards. Applicable County Department of Health and National Occupational Safety and Health Administration regulations shall apply.

Control of dust, dirt, smoke, vapors, gases and odors. The air pollution control regulations promulgated by the State Air Pollution Control Act of January 8, 1960, Public Law 2119, as amended, shall be used to control the emissions of dust, dirt, smoke, vapors, gases and odors in West Goshen Township. The regulations are part of Title 25, Rules and Regulations, Department of Environmental Protection, Subpart Co., Protection of Natural Resources, Article III, Air Resources.
 
Storage of materials.

(1) Highly flammable or explosive liquids, solids or gases shall be stored underground.

(2) No materials or wastes shall be deposited upon a lot in such form or manner that they may be transferred off the lot by natural causes or forces, nor shall any substance which can contaminate a stream or watercourse or otherwise render such stream or watercourse undesirable as a source of water supply or recreation or which will destroy aquatic life be allowed to enter any stream or watercourse.

(3) All materials or wastes which might cause fumes or dust or which constitute a fire hazard or which may be edible or otherwise attractive to rodents or insects shall be stored outdoors only in enclosed containers which are adequate to eliminate such hazards.

Light, glare and heat control. No use shall carry on an operation that will produce light, heat or glare perceptible beyond the property line of the lot on which the operation is situated.
 
Electric, diesel, gas or other power. Every use requiring power shall be so operated that any service lines, substation, etc., shall conform to the highest applicable safety requirements and shall be constructed, installed, etc., so that they will be an integral part of the architectural features of the plant or, if visible from abutting residential properties, shall be concealed by evergreen planting.
 
Control of radioactivity or electrical emissions or electrical disturbances. Activities which may emit radioactivity beyond enclosed areas shall comply with the codes of the Pennsylvania Department of Environmental Protection Division of Radiology. The Federal Nuclear Regulatory Commission shall also regulate the control of radioactive material associated with any activity in the Township. No electrical disturbances, except from domestic household appliances, shall be permitted to adversely affect any equipment at any time other than the equipment creating the disturbance.

A. Unless specifically permitted, no building or structure shall exceed the maximum height of buildings specified in this chapter, except that the regulations shall not apply to steeples or other decorative elements of buildings used for religious purposes, such as domes, spires and minarets, which are usually placed above the roof level and are not intended for human occupancy.

B. Structures such as flagpoles, water towers and silos (but specifically excluding windmills and solar energy collectors) shall be subject to and shall not exceed the maximum permitted building height unless a special exception is granted by the Zoning Hearing Board and the Board affirmatively finds that such structure is proposed, designed, intended and limited in use only to such purpose. In such case, the Board may approve such increased height as is proven by the applicant to be warranted by the functional needs of the structure, subject to such reasonable limitations and conditions as the Board shall impose; provided, the height allowed by the Board shall not exceed two times the permitted building height absent the Board's granting of a variance. Provided further, no structure shall significantly impair solar access of adjacent buildings or solar collection locations.

Landscaping shall be provided in and around off-street parking areas and loading areas in accordance with the standards of this section in order to provide a visual and acoustical buffer for adjacent properties, to provide a visual buffer for adjacent streets, to define traffic routes and pedestrian paths through the parking area, to control erosion, to slow and filter stormwater runoff, to moderate microclimatic effects and to provide aesthetic benefit for the users of the lot, users of nearby properties and passersby.
 

(1) Functions of parking lot and loading area landscaping. Landscaping of parking lots and loading areas shall perform certain functions depending upon its arrangement and the type of space occupied, as described below. Aesthetic considerations are secondary to these functions. Where screening is required, such screening need not be opaque but must be of sufficient density and height to obstruct casual observation.
 

(a) Perimeter of area, abutting street. Landscaping materials so located shall visually define the parking area, shall emphasize points of ingress and egress to and from the street and shall visually screen the parking or loading area from the street so that headlights shining into or out of the area will not irritate other drivers. Effectiveness of this landscaping may be enhanced by earthen berms.

(b) Perimeter of area, abutting other properties. Landscaping so located shall provide a windbreak as well as a visual and acoustical buffer for adjoining properties, particularly of any residential properties which may abut the parking area. When a parking or loading area abuts a residential property, a dense screen of living matter, designed to be an effective screen year round, shall be provided to a minimum height of six feet from the ground at time of planting. Earthen berms may be used to enhance the effectiveness of landscaping elements.

(c) Landscaping within the interior of the parking area. Landscaping located within the parking area shall be designed to promote pedestrian safety by defining walkways, to enhance driver safety by defining traffic lanes and discouraging cross-lot taxiing, to act as a windbreak trapping trash and dust, to provide shade, to reduce stormwater runoff and to enhance the appearance of the parking area. Interior landscaping shall be designed to preserve sight distances and not obstruct the vision of motorists or pedestrians and shall in no way create a hazard to safety.
 

(2) Applicability of standards.

(a) Perimeter landscaping along abutting properties shall be required for all off-street parking areas with more than 10 parking spaces and for all loading areas, regardless of size.
(b) Interior landscaping and perimeter landscaping along abutting properties and the street shall be required for all off-street parking areas with more than 20 parking spaces.
 

(3) Minimum landscaped area; minimum size of landscaped area.

(a) Perimeter landscaping shall occupy a strip at least five feet in width.
(b) Interior landscaping shall occupy no less than 5% of the parking lot area, exclusive of perimeter landscaping.
(c) Each individual plot of landscaping shall occupy an area of no less than 50 square feet and shall have no side dimension of less than five feet.
 

(4) Landscaping plan. A parking lot landscaping plan shall be included as an element of both the preliminary plan and final plan for all developments for which landscaping is required, to be reviewed with those plans in accordance with the process defined in the West Goshen Township Subdivision and Land Development Ordinance. The landscaping plan may be featured with other elements on a single sheet of the submission to the extent that that sheet remains legible.

(5) Sight distances. No landscape elements or other objects may obstruct vision above the height of two feet and below 10 feet measured from the center-line grade of the driveway and the intersecting street. Such clear sight triangle shall be bound by two points 200 feet on either side of the point of intersection of the driveway and street center lines along the street, and the third point shall be 12 feet back from the street right-of-way on the center line of the driveway.

(6) Permitted landscaping materials. See § 84-55C(6) for detailed information.
 

(7) Maintenance provisions. The owner of the facility served by the parking area shall be responsible for the maintenance of the parking area landscaping in a healthy and attractive condition. Dead and pruned plant material and debris shall be routinely removed or within 30 days of a directive to do so issued by the Township Codes Enforcement Officer.

(8) Any part or portion of the site which is not used for buildings, other structures, loading or parking spaces and aisles, sidewalks and designated storage areas shall be planted and continually maintained with an all-season ground cover and shall be landscaped in accordance with an overall landscape plan approved by the Zoning Officer and Township Engineer. Regarding the commercial and industrial districts, the green areas shall be visible to the public from the roads.

See § 84-55C for more detailed information.

Loading area requirements for industrial and commercial uses. The requirements of this section shall apply to all industrial and commercial subdivisions or land developments and to all uses that include industrial and commercial uses and to all expansions of such existing uses resulting in a gross floor area gain of 20% or more.
 

(1) Siting and landscaping requirements.

(a) Loading areas for all uses shall be completely on-site and shall not occupy any street right-of-way.
(b) Loading areas shall not occupy parking spaces, traffic lanes within a parking area, driveways or any public cartway.
(c) Loading areas shall be located only in rear or side yard areas. Loading areas are expressly prohibited in any front yard.
(d) Loading areas shall have perimeter landscaping in accordance with § 84-55C.
 

(2) Required minimum dimensions of loading berths. Loading berths shall be sized according to the type of facility served, as indicated below:

(a) Large loading berth.

[1] Minimum of 14 feet by 60 feet.
[2] Required for factories, warehouses, distribution centers, shopping centers, supermarkets, retail stores offering large products (e.g., major home appliances, furniture), automobile and farm implement dealers and office buildings larger than 500,000 square feet.
 

(b) Small loading berth.

[1] Minimum of 12 feet by 30 feet.
[2] Required for retail uses not specified in § 84-55H(2)(a)[2], convenience stores, all services, institutions and office buildings under 500,000 square feet.
 

(3) Surface requirements for loading areas. All loading areas shall have a dustfree surface over the entire area customarily used by delivery vehicles for parking and maneuvering. The surface may be asphalt, concrete, oil-sealed gravel, compacted gravel or any other dustfree surfacing material approved by the Township Engineer.

(4) Number of loading berths required by land use. The number of loading berths required for commercial, industrial and institutional uses shall, as a minimum, equal the number specified in this section. The size of the loading berths shall be in conformance with Subsection (2), above.
 

See § 84-55H(4)(a) for retail sales, business and personal services, shopping centers, wholesale sales and commercial services loading requirements.

In each district established in § 84-4: Establishment of districts of this chapter:
 

A. Eighty percent of the minimum required lot size shall be outside the boundary of and unencumbered by the identified floodplain area, wetlands or stormwater management basin. For purposes of this regulation, the area of a stormwater basin shall be calculated by measuring the area of the water surface within the basin projected to exist at the level of the basin overflow.

B. Each lot shall contain a minimum contiguous lot area having a slope of less than 15% percent equal to the following designated percentages of the minimum lot size required by the applicable district regulations:

Minimum Lot Size	Percentage Under 15%
2 acres and over	60%
30,000 square feet to 2 acres	65%
22,000 square feet to 29,999 square feet	70%
18,000 square feet to 21,999 square feet	75%
Under 17,999 square feet	80%

Nonconformities.

A. Except as otherwise noted in this article, the following regulations shall apply in all districts to any lot where there is any nonconformity on the effective date of this chapter. For purposes of this article, the words "area and bulk regulations" shall mean the lot size, lot width at building line, lot width at street right-of-way line, lot coverage, green area, building setback line, side yard, rear yard, maximum building height and similar regulations established in each of the district regulations.

B. Continuation. Any nonconforming building or structure, nonconforming use of a building or structure, nonconforming use of a lot or use of a nonconforming lot existing on the effective date of this chapter may be continued, except as otherwise provided in this article.

C. Extension, enlargement or additional buildings. The erection of new buildings, enlargement of existing buildings or structures, extension of existing uses of land or establishment of use on a lot where there is any legal nonconformity of use, size or location on the lot at the effective date of this chapter, or amendment thereto, shall be regulated according to the type of nonconformity in accordance with the provisions of this article regulating the type of nonconformity involved.

D. Nonconforming uses of land. A nonconforming use of land, exclusive of buildings on the lot, or of land containing no buildings may be extended on the lot so used where such use exists at the effective date of this chapter, provided that the area of such use shall not be increased by more than 25% of the area of that portion of the lot actually occupied by the use, and such extension shall conform to the most restrictive area and bulk requirements and to the design standards for the district. The extension of a nonconforming use of land shall be limited to that which was in single and separate ownership on the effective date of this chapter, except that any portion of the lot which is subdivided after the effective date of this chapter and to which the nonconforming use has not been extended before subdivision shall, after subdivision, be used only in conformity with all the provisions of this chapter.
 

E. Conforming uses of conforming buildings on nonconforming lots, see  84-58E.
F. Conforming uses of nonconforming buildings on conforming lots, see § 84-58F.
G. Conforming uses of nonconforming buildings on nonconforming lots, see § 84-58G.
H. Nonconforming uses of conforming buildings on conforming lots, see § 84-58H.

I. Nonconforming uses of conforming buildings on nonconforming lots. Nonconforming uses of conforming buildings located on nonconforming lots shall be subject to the provisions of Subsection H, above, of this section.

J. Nonconforming uses of nonconforming buildings on conforming lots, see § 84-58J.

K. Nonconforming uses of nonconforming buildings on nonconforming lots. A nonconforming building of which a nonconforming use is made on a nonconforming lot may not be enlarged nor may additional buildings be constructed.

L. Nonconforming lots containing no buildings, see § 84-58L.

M. Application to accessory uses. The provisions of this article relative to continuation and extension of nonconforming uses shall not apply or be applicable to an accessory use.

N. Standards applicable to nonconformities and to imposition of requirements by the Zoning Hearing Board, see § 84-58N.

O. If the residential use of a single-family detached residential dwelling is rendered nonconforming by an amendment to this chapter adopted after the construction and residential use and occupancy of such dwelling changing the zoning classification of the lot on which the dwelling is located to any commercial or industrial zoning district classification provided for in § 84-4: Establishment of districts of this chapter, such dwelling may be extended and enlarged on the lot held in single and separate ownership at the time of such amendment subject to compliance with the area and bulk regulations and design standards applicable to the R-3 Residential Zoning District and to the owners' execution of a covenant running with the land, in form suitable for recordation, binding and enforceable by the Township against the owners, their heirs, successors, administrators and assigns, in which the owner agrees on his or their behalves that, upon cessation of the residential use and occupancy, the lot and dwelling shall be used and occupied only in compliance with the use and area and bulk regulations and the design standards of the underlying commercial or industrial zoning, as the case may be, and that the extension/enlargement authorized by this subsection shall be removed.
 

Change of use; abandonment of use; restoration. See § 84-59: Change of use; abandonment of use; restoration for details.

 

Nonconforming signs.

A. Any sign, signboard, billboard or advertising device existing at the time of the passage of this chapter that does not conform with the regulations of the district in which it is located shall be considered a nonconforming sign and may be used in its existing location, provided that it is maintained in good condition and repair at all times.

B. Nonconforming signs once removed may be replaced only with conforming signs; however, legal nonconforming signs may be repainted or, after issue of a permit, repaired or modernized, provided that such repaired or modernized sign does not exceed the dimensions of the existing sign.
 

Registration of nonconformity. See § 84-61: Registration of nonconformity for details.

See Article XV: Nonconforming Uses, Premises, Structures and Lots for more detailed information.

The standards of this section shall apply to all commercial, industrial, institutional, recreational and multi-unit residential uses served by off-street parking areas.
 

(1) Parking space size and design requirements. Parking spaces shall be reasonably level, sloping not more than 5% in any direction. A rectangular block of the dimensions specified in this subsection shall be provided for all off-street parking spaces, regardless of pull-in angle, and shall not be occupied nor intruded upon by light standards or their foundations, landscape elements, pedestrian walkways, driveways, passageways or any other elements or features which would result in a reduction in area of the specified minimum dimensions available for occupation by a vehicle. Parking stalls (spaces) shall be designed to agree with the definition thereof specified in § 84-8: Definitions of this chapter.
 

(a) Except as otherwise provided herein, parking spaces shall have the minimum dimensions of nine feet wide by 18 feet long. The parking spaces for any use involving retail sales, including restaurants within a shopping center, shall have the minimum dimensions of 10 feet wide by 18 feet long.

(b) Parking spaces for use by handicapped drivers shall be in accordance with ADA standards, and shall have the following minimum dimensions: the first required handicapped parking space and, thereafter, each one space in every eight such spaces shall have the minimum dimensions of 16 feet wide by 18 feet long. The remainder of such spaces shall have minimum dimensions of 14 feet wide by 18 feet long. All such spaces shall be clearly marked as being reserved for use by handicapped drivers. Handicapped parking spaces shall be reasonably level, sloping not more than 2% in any direction.

(c) See § 84-55E(1)(c) for off-street parking areas for handicapped drivers according to the total size of the parking area.

(d) Parking spaces for use by handicapped drivers shall be located to minimize the distance to a wheelchair-accessible entrance to the facilities served, and such stalls and parking areas shall otherwise comply with the technical requirements of the Americans with Disabilities Act of 1990, as the same may from time to time be amended.

(e) All parking lots/school parking garages shall comply with the following requirements: see § 84-55E(1)(e) for details.

 

(f) A parking garage which is accessory to principal multifamily residential building and which is owned and operated by private entity shall comply with the requirements of Subsection (1), above, except that when ninety-degree parking is proposed, the vehicular travel aisle shall be a minimum of 24 feet wide and shall provide for two-way traffic.
 

(2) Traffic lane and driveway dimensions. See § 84-55E(2) for details.

Exterior lighting. See § 84-55F for details.
Loading area requirements for industrial and commercial uses. See § 84-55H for details.

 

Conformance.

(1) Off-street parking spaces shall be located on the same lot as the use served, except as provided by § 84-55I(5). For each land use proposed, the applicant shall provide the minimum number of off-street parking spaces that are set forth in § 84-55I(2). If the calculation to determine the required number of spaces results in a fractional space, the number of spaces required shall be the next highest whole number. Proposed parking areas which are greatly in excess of those requirements hereunder shall be discouraged.

(2) Minimum number of parking spaces required per land use.
Throughout this section, "sq.ft." shall be interpreted as "square feet" and "GFA" shall be interpreted as "gross floor area."  See § 84-55I(2).
 

For surfacing requirements, see § 84-55I(3).
 

(4) In any zoning district, if a single lot is developed with multiple uses which are permitted in such district, the required number of parking spaces for such development shall be computed by totaling the number of parking spaces required for each discrete use specified in § 84-55I(2) of this section. When any discrete use within the development is replaced with another use, the parking requirements for the entire development shall be recomputed, and such additional number of parking spaces shall be added as is necessary to comply with the parking requirements for that new discrete use. Should the single lot containing the multiple uses (or the ownership thereof) be subdivided, parking may continue to be shared, provided proof of necessary cross-easements to facilitate said shared parking are provided as may be required by the Township.

(5) The parking spaces for nonresidential uses required in § 84-55I(2) may be located elsewhere than on the same lot as the use served ("off-site parking") when authorized by the Board of Supervisors, subject to the following conditions: see § 84-55I(5) for details.

Single-family residential parking controls. See § 84-55J for details.

See § 84-55E for more detailed information.

Purpose, see § 84-124: Purpose
Eligibility, see § 84-125: Eligibility

General regulations.

A. The procedures and requirements for a conditional use application established in § 84-74: Conditional uses of this chapter shall apply to an application for conditional use approval for development utilizing the open space design option provided for in this article. The applicant is strongly encouraged to submit a sketch plan to the West Goshen Township Planning Commission and to discuss community development and open space resource conservation objective with that Commission prior to filing a formal conditional use application.

B. In addition to otherwise fulfilling all applicable requirements of § 84-74: Conditional uses of this chapter and the Conservation Plan requirements of § 72-19: Conservation plan. of this Code, the required conservation plan and the environmental impact assessment (EIA) shall be accompanied or supplemented by narrative and additional plan or graphic information which either the Planning Commission or the Board of Supervisors determines is needed to fulfill the following specific purposes:

(1) Provide a comprehensive inventory of open space resources.

(2) Indicated the proposed arrangement of dwelling units, vehicular and pedestrian circulation systems and open spaces so as to demonstrate how the tract warrants use of the open space design option provided for in this article.

(3) Provide a narrative assessment of the potential impacts of the proposed development upon open space resources.

(4) Suggest approaches to development design which mitigate the impacts upon or change to open space resources.
 

C. The Board of Supervisors may retain such consultants as it deems necessary to review and certify the accuracy of both the conservation plan and the EIA. The reasonable and necessary charges incurred for such consultants shall be paid for by the applicant.
 

Area and bulk regulations. See § 84-127: Area and bulk regulations for detailed information.

 

A. General development standards.
 

(1) All applicable standards provided in § 84-55: Design standards of this chapter shall apply to any development utilizing the open space design option.

(2) All proposed dwelling units in a development utilizing the open space design option shall be situated so that they are set back a minimum of 50 feet from the predevelopment tract perimeter. Existing dwellings and dwellings resulting from the conversion of existing structures shall be exempt from this requirement.

(3) The development plan shall achieve safe and proper internal traffic circulation, safe pedestrian movement and convenient ingress and egress both within the development and to and from existing Township streets. Proposed development streets shall be connected to existing Township streets only at those locations where the applicant can demonstrate safe and convenient access without adverse impact. Regardless of the applicant's compliance with the area and bulk regulations of § 84-127E of this article, no building or structure shall be placed or constructed at any location within the development which adversely affects clear sight distances for vehicular traffic on any proposed development street or existing Township street or otherwise adversely impedes safe and convenient vehicular movement.
 

B. Historic resources. Historic resources, including historic structures, ruins or sites, historic streets or roads or other transport traces, paths and trails, shall be preserved through incorporation into development plans and designs.

C. Open space resource protection standards. In utilizing the open space design option, the proposed design shall limit disturbances of all open space resources identified in the conservation plan and the accompanying materials submitted in accordance with § 84-126: General regulations of this article.
 

(1) Where applicable, the applicant shall comply with the specific objectives of the West Goshen Township Open Space and Recreation Plan.

(2) The applicant shall demonstrate maximum conservation of scenic views from public streets and neighboring residential properties, utilizing existing vegetation, structures or changes in topography or providing landscaping to screen proposed development from view. In considering conditional use approval, the Board of Supervisors, in its sole discretion, may reduce screening requirements when the applicants submit individual building design plans with sufficient detail to demonstrate, in terms of how such buildings will be viewed from public streets or neighboring residential properties, reasonable replication of proportional relationships of form and massing evident in existing historic resources, including ratios of height to width, length of individual facade segment, roof pitch, relative size and placement of windows, doors and other facade details. The distance from point of public or neighboring view may also be considered as a mitigating factor by the Board of Supervisors in its review of plans for buildings within such view.

(3) Lands within the identified floodplain area shall comply with the provisions of Article XIX: Floodplain Regulations of this chapter.

(4) Lands within precautionary steep slopes or prohibitive steep slopes shall comply with the provision of § 84-54: Steep slope regulations of this chapter.

(5) Streams (both perennial and intermittent) and wetlands falling under the jurisdiction of the United States Army Corp of Engineers or the Pennsylvania Department of Environmental Protection shall not be disturbed except for utility lines and permitted crossings providing necessary pedestrian, equestrian or vehicular access.

(6) Mature trees and woodlands, including any existing trees greater than four inches diameter at breast height (dbh), hedgerows, fence lines, rock outcroppings and other noted landscape features shall be preserved to the greatest degree feasible. Woodland removal shall not exceed 40% of total woodland area on any tract.
 

D. Open space designation and management standards, see § 84-128D.
 

Conditions to approval.
In allowing a conditional use utilizing the open space design option, the Board of Supervisors may attach such additional reasonable conditions and safeguards in addition to those expressed in this article, as it may deem necessary to implement the purposes of this article.

See Article XXV: Open Space Design Options for more detailed information.

The following regulations shall apply to all zoning districts, except as otherwise limited as specified in this section. Otherwise, all required yards shall be and remain unobstructed, except as herein specified:
 

A patio, terrace, deck or unroofed porch may project into a rear yard, provided that it is set back a minimum of 15 feet from the adjacent property line in the R-3, Residential District, the R-3C Residential Infill Development and the R-4 Residential Districts and a minimum of 25 feet from the adjacent property line in the R-2 Residential District. A patio, terrace, deck or unroofed porch may be built in the R-3B Flexible Design Conservation District pursuant to the standards in § 84-14.6B(11). On a parcel defined as a through lot, a patio, terrace, deck or unroofed porch may be located behind the principal structure, provided that it conforms to the minimum set back criteria as required by this section.

An open fire escape may project not more than six feet into any side or rear yard.

The overhang or eave of a roof may project a maximum of two feet into any yard. A roof not to exceed 20 square feet over an entrance or exit door may project into any yard.

In the R-2, R-3 and R-4 Residential Districts, one shed may be located within a required rear yard or side yard but not in a front yard or within the required building setback line, provided that it shall be set back a minimum of six feet from the side or rear property line. A permit shall be required per § 84-67A of this chapter.

In any district in which either a gasoline service station or other use which includes, as an integral part thereof, the retail sale and dispensing of gasoline through full service or self-service metered gasoline pumps is a permitted use, whether by right, special exception or conditional use, the overhang of a canopy, as herein defined, designed and intended to provide a permanent cover over the gasoline pump islands to protect customers and their vehicles positioned there for service from inclement weather may encroach into the front yard within the required building setback area, provided that the leading edge or facade of the overhang shall be set back not less than 10 feet from the nearest edge of the street right-of-way. The supporting structure of the overhang shall be set back as required by the applicable district regulations for gasoline pumps. For purposes of this regulation, the leading edge or facade of the canopy is the outside face or edge of that part of the canopy which is parallel to the right-of-way, a canopy is a permanent, roof-like structure without walls permanently attached by posts or columns to the ground and the overhang is that part of the canopy which extends beyond the district's minimum building setback.

In the I-C Industrial-Commercial District, noise barriers may be permitted in required yards, except front yards, between any industrial use permitted by § 84-41A(1) through (4) and a residential use located within the district, when approved as a conditional use, as determined necessary and appropriate by the Board for noise abatement, subject to the following regulations:

(1) The structures shall be set back a minimum of 10 feet from the contiguous lot line or street right-of-way.

(2) The sound barrier structures shall comply with standards for such structures promulgated by the Pennsylvania Department of Transportation, but shall not exceed 12 feet in height measured from the undisturbed ground level.

(3) The sound barrier structures shall be screened from the contiguous lot line and/or street right-of-way by landscaping consisting of evergreen and deciduous trees and shrubs meeting the requirements of § 84-55A.

(4) Such other conditions as shall be imposed by the Board to insure compliance with § 84-75.

Flagpoles. A flagpole shall be permitted in the required front, side and rear yard with no exceptions. All flagpoles require a building permit pursuant to the procedures set forth in § 84-67.

See § 84-47: Projections into required yards for more detailed information.

A. Screening. A completely planted visual barrier, consisting of a double row of evergreen plantings having a minimum height of eight feet (after planting) and placed no more than 16 feet apart on center, shall be provided and continually maintained within a planting area reserved for that purpose, having a minimum width of 16 feet, between any industrial, commercial or multi-use district and a contiguous residential district or residential use, and, in a residential district, between an apartment use and a contiguous single or multifamily residential use. The required plantings shall be staggered so as to provide as complete a visual barrier as is possible. A stockade-type fence having a minimum height of six feet and constructed without gaps or breaks shall be substituted for one of the two required rows of plantings when determined necessary by the Zoning Officer to adequately shield the residential district or use from artificial light, glare, noise, odors, intrusion or any other cause detrimental to the health, safety and general welfare of such residential district or use. All uses permitted by special exception shall be screened as required by this section from other uses, regardless of the zoning district in which those uses are located, when so directed by the Zoning Hearing Board as a condition of special exception approval.

B. Storage. All storage shall be completely screened from view from any public right-of-way and any residential district which abuts the district. Screening shall consist of evergreen planting or an architectural screen. All organic rubbish or storage shall be contained in airtight, vermin-proof containers which shall also be screened from view from any public right-of-way or abutting residential district.

Purpose, see § 84-52A for more information.
Definitions, see § 84-52B for terms associated with signs.

Wind pressure and dead load elements. All signs and their supporting structures shall be designed and constructed:

(1) To withstand a wind pressure of not less than 40 pounds per square foot of area.
(2) To receive dead loads and snow loads as required by the Township Building Code pursuant to Chapter 28.
(3) To comply with all other ordinances of the Township.

Face of sign to be smooth. All signs which are constructed along the side of a street right-of-way or within five feet thereof shall have a smooth surface, and no nails, tacks, wires or other similar parts shall be permitted to protrude therefrom, except electrical reflectors and devices attached to the signs.
 
Signs not to constitute traffic hazard. No sign or supporting structure shall be erected at or near the intersection of any streets in such a manner as to obstruct the free and clear vision of the traveling public or at any location where, by reason of its position, shape or color, it may interfere with, obstruct the view of or be confused by the traveling public with any authorized traffic sign, signal or device; or which is a flashing or moving sign; or which makes use of the words "stop," "look," "drive-in," "danger," or any other word, phrase, symbol or character which may reasonably be expected to interfere with, mislead or confuse operators of motor vehicles.

Gooseneck reflectors. Gooseneck reflectors and lights shall be permitted on freestanding signs, roof signs and wall signs; provided, however, that the reflectors shall be equipped with proper lenses concentrating the illumination upon the area of the sign only in such manner as to prevent glare upon adjacent public or private rights-of-way or other property.

Obstructions to doors, windows or fire escapes. No sign shall be erected, relocated or maintained so as to prevent free ingress to or egress from any door, window or fire escape.

Maintenance and construction of sign. Every sign permitted, except temporary signs, shall be constructed of durable material and kept in good condition and repair. Any sign which is allowed to become dilapidated, in the judgment of the Zoning Officer, shall be removed by the Township at the expense of the owner or lessee of the property on which it is located if the sign is not removed by the latter within 10 days after due notice given by the Zoning Officer by registered or certified mail to the owner or lessee of the property.

Obscene matter prohibited. No sign shall be permitted which contains obscene matter as defined in the Pennsylvania Crimes Code.

Unsafe and unlawful signs, see § 84-52O.

Removal of certain signs. Any sign now or hereafter existing which no longer relates to a current activity conducted or a product sold shall be taken down and removed by the owner, agent or person having the beneficial use of the building or structure. Upon such person's failing to comply with a removal notice from the Building Inspector or Zoning Officer, the Building Inspector is hereby authorized to cause removal of such sign, and any expense incident thereto shall be paid by the owner of the land, building or structure to which such sign is attached.

 

Exemptions, see § 84-52Q for sign exemptions.
Permissible number of signs. See § 84-52R for detailed information.

Criteria for bonus sign area, see § 84-52S.
 

Special provisions.

(1) No freestanding sign, other than official signs, shall be nearer to the street right-of-way line or side or rear yard than a distance equal to the height of the sign.

(2) Adjacent signs readable from the same direction shall be spaced at a distance of at least ten times their largest dimension.

(3) Freestanding signs shall be erected within the limits of the front yard and side yard of the property to which they pertain. [Exception: See the definition of "off-site sign" in § 84-52B(1).]

(4) Signs shall refer only to activities or articles on the premises on which the sign is located. [Exception: See the definitions of the terms "billboard" and "off-site sign" in § 84-52B(1).]

(5) Where any premises fronts on two streets or roads which do not intersect and are approximately parallel, the owner or user of such premises may have two freestanding ground-mounted signs and one roof-mounted or wall sign.

(6) Menu boards, bills of fare or price lists may be freestanding or wall-mounted. They may not exceed 24 square feet in area; and numbers and letters shall not exceed three inches in height. Signs shall be located to the rear or side of an eating establishment. They shall not be considered signs within the meaning of this article.

(7) Special event signs are permitted for 30 days. A maximum of three thirty-day periods shall be permitted per lot per year with a thirty-day interval between periods. These signs shall require a permit.

(8) Real estate signs shall be removed within 90 days for the sale or lease of the property to which they pertain or, in the case of a development, within 90 days of the sale of the last property in the development.

(9) On a corner property where a premises fronts two intersecting streets and access is provided for at a minimum of two separate locations accessible and visible from each street, the owner or user of such premises may have two wall or roof signs or any combination thereof, one per each street on which the property fronts, not to exceed a total of two signs. The combined square footage for both signs shall not exceed the total square footage allowed for a wall sign.

Specifications for signs. (See Table 1)
See also Article XIV: Supplemental Regulations for more detailed information.

A. Purpose and intent. See § 84-54A for detailed information.

B. Definitions, see § 84-54B for terms associated with steep slopes.

C. Rules for interpretation of steep slopes. Steep slopes, as defined in § 84-54B, and the extent thereof shall be determined by the Zoning Officer by scaling distances on the United States Geological Survey topographic maps or a topographical survey map prepared by a registered architect or engineer, where such interpretation is necessary. Initially and upon any appeal, the person contesting the location of the boundary of any such slopes, as determined by the Zoning Officer, or the slope as stated, shall have the burden of establishing that the land in question does not lie within the applicable steep slopes as defined in § 84-54B.

D. Plan requirements for precautionary steep slopes. Where any map identified in § 84-54B shows the existence of precautionary steep slopes, the applicant shall supply the following information prior to the issuance of any building permit or subdivision and land development approval:
 

(1) Site plan of the property indicating the existing grades with contour lines at two-foot intervals and proposed grades within the area of the proposed construction.

(2) Landscaping plan indicating proposed paved areas, storm drainage facilities, retaining walls and ground cover, together with trees and ornamental shrub locations.

(3) Architectural plans, elevations and sections for all permitted buildings, structures or construction, accompanied by a drainage plan and an erosion and sedimentation control plan.

(4) A plan, profile and typical cross sections of the entrance drive and the proposed public street providing access to such drive.

(5) A plan for on-site sewage dispose facilities if connection to a public sanitary sewer system is not contemplated.

(6) A statement prepared, signed and sealed by a registered architect or a licensed civil or structural engineer describing in detail the building methods to be used in overcoming foundation and other structural problems created by slope conditions, how the natural slopes and watershed will be preserved substantially undisturbed, the method proposed to prevent soil erosion and details of how overground stormwater runoff and groundwater will be diverted away from all building areas below finish grade.
 

E. Limitation of construction on precautionary steep slopes. See § 84-54E for details.

 

F. Restriction of construction and uses on prohibitive steep slopes.
 

(1) There shall be no erection or construction of any building, structure, road, driveway, parking area or other similar structure or impervious surface on prohibitive steep slopes, except for one primary road which is designed and intended to serve as an access road to the subdivision or a driveway which is designed and intended to serve as sole access to a lot therein, provided that there is no other way to design access to the property or lot in compliance with this section and the access is approved by the Board of Supervisors as part of the final subdivision or land development plan.

(2) The uses permitted on prohibitive steep slopes shall be limited to the following:

(a) Open space reserved as part of a land development so long as no more than 25% of the open space has a slope greater than 25%.
(b) Wildlife sanctuary, woodland preserve, arboretum (exclusive of buildings or structures) and recreation areas (exclusive of buildings or structures).
(c) Tree farming, forestry and other agricultural uses (exclusive of buildings or structures) when conducted according to conservation measures approved by the Soil Conservation Service.
 

G. Special exception uses on prohibitive steep slopes. The following uses shall be permitted as a special exception when authorized by the Zoning Hearing Board subject to the requirements of this section and § 84-72O. In addition to the criteria contained in the latter referenced section, the Board shall consider the extent to which the requested use will disrupt the stability of soils and natural vegetation and contribute to erosion before and after construction or installation of the permitted use. The Board shall attach such reasonable conditions as it determines necessary and reasonable in furthering the intent and purpose of this section.
 

(1) Sealed public water supply wells that have been approved by all regulatory agencies having jurisdiction.

(2) Sanitary or storm sewers that have been approved by all regulatory agencies having jurisdiction.

(3) Access roads suitable for passage of emergency vehicles in the event of fire or accident. Such roads shall be constructed only when no viable alternative for emergency access exists, provided that all applicable requirements of Chapter 72: Subdivision of Land, of this Code are met and subject to approval by all regulatory authorities having jurisdiction.
 

H. Liability. See § 84-54H for details.

See § 84-54: Steep slope regulations for more detailed information.

The following shall apply to all residential districts:
 

A. Topsoil or sod may be removed from a premises only under the following conditions:

(1) In connection with the construction or alteration of a street.
(2) Where sod farming is conducted.
(3) Where mushroom soil farming is conducted.
 

B. The excavation of clay, sand, gravel, rock or other mineral shall be permitted, and the material thus excavated may be sold only as part of the construction of a building or alteration of a street. Excavation shall not be conducted in a way which will leave loose boulders exposed.

Where this chapter allows the development of multiple uses and buildings on a development tract, individual units, buildings, or parcels of land within the development tract may be subdivided, leased, purchased, sold, mortgaged, and developed as individual zero lot line units without meeting the lot width, lot size, impervious coverage, building coverage, green area, and lot setbacks from internal parking and building lines for each individual zero lot line unit; provided, however, that the development tract shall comply with the applicable area and bulk standards for the zoning district where the development tract is located.

No commercial vehicle or part thereof having a gross vehicle weight rating (GVWR), either solely or in combination, exceeding 8,000 pounds or which is in excess of 18 feet in length shall be parked, stored or maintained on any street, road, right-of-way, lot or within any building or structure in any residential district established in § 84-4 of this chapter, except a construction vehicle or vehicles owned by a building contractor or other tradesman temporarily engaged in the performance of actual work or delivery of materials to any such street, road, right-of-way, lot, building or structure. The proper maintenance and storage of farm equipment, horse vans and recreational vehicles or a motor home, a recreational trailer or a farm truck, as the latter terms are defined in the Pennsylvania Vehicle Code, on a lot owned or occupied by the owner of such equipment or vehicle shall not be deemed to be prohibited by this section. For purposes of this section, the term "gross vehicle weight rating" shall have the meaning ascribed to it in the definition section of the Pennsylvania Vehicle Code.

Violations.
Failure to secure a permit prior to the construction, alteration, extension or demolition of any building or structure, failure to secure a permit prior to a change in use of land, buildings or structures, failure to secure a use and occupancy permit prior to the use or occupancy of any land, building or structure, failure to obey or comply with an order or condition of approval of any special exception, variance, conditional use or other zoning relief ordered and granted by the Zoning Hearing Board or the Board of Supervisors, as applicable, failure to comply with an enforcement notice duly issued by the Zoning Officer or any authorized Township enforcement officer in relation to the provisions of this chapter, failure to take any action required as a condition of any use provisions of this chapter, failure to comply with a lawful directive of the Zoning Officer issued under the provisions of this chapter and the undertaking of any deliberate action which is contrary to the terms of this chapter shall constitute a violation of this chapter, and the Zoning Officer or any of his deputies are authorized to take such enforcement action as they determine appropriate under the provisions of § 84-64: Enforcement; remedies.

Enforcement; remedies.

A. Enforcement notice. If it appears to the Township or any of its enforcement officers that a violation of this chapter has occurred or is occurring, the Zoning Officer or other enforcement officer shall initiate enforcement proceedings by sending an enforcement notice to the owner of record of the parcel on which the violation has occurred and also to any person who has filed a written request to receive enforcement notices regarding that parcel and to any other person requested in writing by the owner of record.

B. Enforcement notice specifications. The enforcement notice shall state:
 

(1) The name of the owner of record and any other person against whom the Township intends to take action.

(2) The location of the property in violation.

(3) The specific violation with a description of the requirements which have not been met, citing in each instance the applicable provisions of this chapter.

(4) The date before which the steps for compliance must be commenced and the date before which the steps for compliance must be completed.

(5) That the recipient of the notice has the right to appeal to the Zoning Hearing Board within 30 days of the recipient's receipt of the enforcement notice.

(6) That failure to comply with the notice within the time specified, unless extended by appeal to the Zoning Hearing Board, constitutes a violation, with possible sanctions which shall be clearly described. Such notice shall be served by certified or registered mail or personal service.
 

C. In any appeal of an enforcement notice to the Zoning Hearing Board, the Township shall have the responsibility of presenting its evidence first.

D. Any filing fee paid by a party to appeal an enforcement notice to the Zoning Hearing Board shall be returned to the appealing party by the Township if the Zoning Hearing Board or any court in a subsequent appeal rules in the appealing parties' favor.

E. Enforcement remedies.

(1) Any person who or which has violated or permitted the violation of any of the provisions of this chapter shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township, pay a judgment of not more than $500, plus all court costs, including reasonable attorney fees incurred by the Township as a result thereof. No judgment shall commence or be imposed, levied or be payable until the date of the determination of a violation by the District Justice. In the event that any such person against whom a judgment has been rendered by the District Justice neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable Pennsylvania Rules of Civil Procedure. Each day that a violation continues shall constitute a separate violation, unless the District Justice determining that there has been a violation further determines that there was a good faith basis for such person violating this chapter to have believed that there was no such violation. In that latter event, there shall be deemed to have been only one such violation until the fifth day following the date of the determination of a violation by the District Justice, and, thereafter, each day that a violation continues shall constitute a separate violation. All judgments, costs and reasonable attorney fees collected for the violation of this chapter shall be paid over to the Township of West Goshen.

 

Additional remedies; causes of action.
In base any building, structure, landscaping or land is or is proposed to be erected, constructed, reconstructed, altered, converted, maintained or used in violation of this chapter, the Board of Supervisors, the Township Zoning Officer or any other enforcement officer of the Township, in addition to other remedies, may institute an appropriate action or proceeding to prevent, restrain, correct or abate such building, structure, landscaping or land or to prevent in or about such premises any act, conduct, business or use constituting a violation of this chapter.

See § 84-62: Zoning Officer; duties for more detailed information about the Zoning Officer.

The following shall apply to all zoning districts. On a corner lot or at a point of entry on a public road, nothing shall be erected, placed or allowed to grow in a manner which obscures vision above the height of 2 1/2 feet, measured from the center-line grades of the intersecting streets, and within the area bounded by the street lines of such corner lots and a line joining points on these street lines 25 feet from their intersection.

(a) The maximum height of a retaining wail between the street line and building setback line is four feet.
(b) The retaining wall is erected in a location which does not obstruct clear sight and is located a minimum of five feet from the right-of-way.