(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.

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.

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:

[1] Illumination levels shall be defined as maintained horizontal footcandles on the task; for example, the pavement or area surface. A footcandle is defined as a unit of light intensity stated in lumens per square foot and measurable with an illuminance meter, also known as a footcandle or light meter. Illuminance is defined to mean the quantity of light measured in footcandles or lux. Lux is defined to mean a unit of light intensity stated in lumens per square meter. There are approximately 10.7 lux per footcandle.
[2] Uniformity ratios dictate that average illumination values shall not exceed minimum values by more than the product of the minimum value and the specified ratio. For example, in the case of commercial parking high activity, the average footcandles shall not be in excess of 3.6 (0.9 x 4).
[3] In no case shall illumination exceed 0.2 footcandle measured at the property lines, except at driveway entrances, provided the illumination at the cartway centerline of the contiguous street shall not exceed 1.0 footcandle, unless a more stringent standard is required by another provision of this section; and the amount of illumination projected onto a residential zoned property or use from another property shall not exceed 0.1 footcandle at the property line.
[4] Lighting standards in parking areas shall be located no more than 100 feet apart; provided that the Zoning Officer, Township board or commission having jurisdiction shall apply the standards of this section by prohibiting the location of lighting standards in such close proximity to each other as would result in a violation of the footcandle and light spillage restrictions imposed by this section.
[5] Lamp types and colors shall be in harmony within the adjacent community, any special circumstances existing on the site and with surrounding installations. Lamp types and colors shall be consistent with the task and setting, and shall not create a mix of colors unless otherwise approved by the Zoning Officer, Township board or commission having jurisdiction for cause shown.
[6] Canopy lighting shall be located on the undersurface (ceiling) of the canopy and shall be limited to flush lens fixtures mounted on the canopy ceiling. Drop lens fixtures are prohibited. Up-lens lighting fixtures mounted on the canopy structure above the level of gas pumps are permitted if they have the effect of reducing glare from the lighting fixtures mounted on the canopy ceiling. In no event shall any other lighting fixtures be located on or otherwise attached to or used to light a canopy or any area of the property adjacent to the canopy. Outdoor canopies include, but are not limited to, the following applications:

[a] Fuel island canopies associated with service stations and convenience stores;
[b] Exterior canopies above storefronts in shopping centers and malls;
[c] Exterior canopies above driveways and building entrances;
[d] Pavilions and gazebos.

[7] All other lighting proposed for use after 10:00 p.m. for commercial, industrial, institutional and recreational applications shall be reduced by 75% from then until dawn, unless supporting a specific purpose and approved by the Zoning Officer, Township board or commission having jurisdiction.

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.

(a) All lighting fixtures shall meet IESNA cut-off criteria. No lighting shall be permitted which shines directly into residential units, or results in glare beyond an angle of 30° from a vertical plane, measured from the light source.
(b) Light fixtures, including mounting base, shall not exceed 25 feet in height above finished grade.
(c) All lighting sources shall be effectively shielded and shall be installed and/or aimed so as to shield nearby public or private streets and neighboring properties from direct glare light radiation, or light pollution which may create a safety hazard or a nuisance.
(d) All lighting sources shall be completely shielded from any public right-of-way.
(e) Illuminated signs shall have an indirect lighting source or shielded source.
(f) The Zoning Officer, Township board or commission having jurisdiction may require that lighting be controlled by automatic timing devices to extinguish light sources during specific periods to mitigate the adverse consequences of light pollution when such action is necessary to protect adjacent properties and uses.
(g) Glare control shall be accomplished primarily through the proper selection and application of lighting equipment. Only after those means have been exhausted shall vegetation, fences and similar screening methods be considered acceptable for reducing glare.
(h) Fixtures used for architectural lighting, such as facade, feature and landscape lighting, shall be aimed or directed so as to preclude light projection beyond the immediate objects intended to be illuminated. All such lighting shall be extinguished between the hours of midnight prevailing time and dawn.
(i) In all residential districts or in connection with residential uses, floodlighting, spotlighting and other high-intensity lighting over 100 watts shall be located so that glare or reflection is not greater than 0.2 footcandle at the lot line of the receiving land. Such lighting fixtures shall be installed and/or aimed so that they do not project their output into windows of neighboring residences, adjacent uses, skyward or onto a public street. All such lighting shall be extinguished after 10:00 p.m. prevailing time, except in case of emergency use.
(j) Unless otherwise approved by the Zoning Officer, or Township board or commission having jurisdiction for purposes of safety or security or all-night operations, lighting for commercial, industrial, public recreational and industrial applications shall be controlled by automatic switching devices such as time clocks or combination motion detectors and photocells, to permit extinguishing outdoor lighting fixtures between 10:00 p.m. and dawn, to mitigate nuisance glare and sky-lighting consequences.

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.

Alteration or relocation of watercourse:

(1) No encroachment, alteration, or improvement of any kind shall be made to any watercourse until all adjacent municipalities which may be affected by such action have been notified by the municipality, and until all required permits or approvals have first been obtained from the Department of Environmental Protection's regional office.
(2) No encroachment, alteration, or improvement of any kind shall be made to any watercourse unless it can be shown that the activity will not reduce or impede the flood-carrying capacity of the watercourse in any way.
(3) In addition, FEMA and the Pennsylvania Department of Community and Economic Development shall be notified prior to any alteration or relocation of any watercourse.
 

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.

For permitted uses in floodplain areas, see § 84-90.9E
For special exception uses in floodplain areas, see § 84-90.9F

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.

(1) In AE, A1-30 and AH Zones, any new construction or substantial improvement of a nonresidential structure shall have the lowest floor (including the basement) elevated up to, or above, the regulatory flood elevation or be designed and constructed so that the space enclosed below the regulatory flood elevation:

(a) Is floodproofed so that the structure is watertight with walls substantially impermeable to the passage of water; and
(b) Has structural components with the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.

(2) In A Zones, where no base flood elevations are specified on the FIRM, any new construction or substantial improvement shall have the lowest floor (including the basement) elevated or completely floodproofed up to, or above, the regulatory flood elevation determined in accordance with § 84-90.5C of this article.
(3) In AO Zones, any new construction or substantial improvement shall have its lowest floor elevated or completely floodproofed above the highest adjacent grade to at least as high as the depth number specified on the FIRM.
(4) Any nonresidential structure, or part thereof, made watertight below the regulatory flood elevation shall be floodproofed in accordance with the W1 or W2 space classification standards contained in the publication entitled "Flood-Proofing Regulations" published by the United States Army Corps of Engineers (June 1972, as amended March 1992) or with some other equivalent standard. All plans and specifications for such floodproofing shall be accompanied by a statement certified by a registered professional engineer or architect which states that the proposed design and methods of construction are in conformance with the above-referenced standards. There should be a statement submitted with the permit application and a statement submitted with the as-built floodproofing certificate prior to the issuance of the certificate of occupancy.
(5) Any nonresidential structure that will be floodproofed must submit the following to the floodplain administrator along with the nonresidential floodproofing certificate and prior to the issuance of the certificate of occupancy:

(a) An inspection and maintenance plan detailing the annual maintenance of floodproofed components ensuring that all components will operate properly under flood conditions. Components that must be inspected include, at a minimum:

[1] Mechanical equipment such as sump pumps and generators;
[2] Flood shields and closures;
[3] Walls and wall penetrations; and
[4] Levees and berms (as applicable).

(b) A flood emergency operation plan detailing the procedures to be followed during a flooding event, and must include information pertaining to how all components will operate properly under all conditions, including power failures. The design professional must produce the plan. An adequate plan must include the following:

[1] An established chain of command and responsibility with leadership responsibilities clearly defined for all aspects of the plan.
[2] A procedure for notification of necessary parties when flooding threatens and flood warnings are issued. Personnel required to be at the building should have a planned and safe means of ingress and should have no other emergency response duties during a flood event. Alternates should be assigned in the event that the primary persons responsible are unable to complete their assigned duties under the plan.
[3] A list of specific duties assigned to ensure that all responsibilities are addressed expeditiously. The locations of materials necessary to properly install all floodproofing components must be included in the list.
[4] An evacuation plan for all personnel or occupants, those without duties for the flood emergency as well as those with duties for implementing the plan. All possible ingress and egress routes must be identified.
[5] A periodic training and exercise program to keep personnel and occupants aware of their duties and responsibilities. Training drills should be held at least once a year and should be coordinated with community officials.

(6) 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 revision thereof as 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.

Space below the lowest floor, see § 84-90.10C
Historic structures, see § 84-90.10D
Accessory structures, see § 84-90.10E

Design and construction standards.

The following minimum standards shall apply for all construction and development proposed within any identified floodplain area:

A. Fill. Within any identified floodplain area, the use of fill shall be prohibited. If a variance is obtained, then the following provisions apply:

(1) If fill is used, it shall:
(a) Extend laterally at least 15 feet beyond the building line from all points;
(b) Consist of soil or small rock materials only; sanitary landfills shall not be permitted;
(c) Be compacted to provide the necessary permeability and resistance to erosion, scouring, or settling;
(d) Be no steeper than one vertical to two horizontal feet unless substantiated data justifying steeper slopes are submitted to, and approved by, the floodplain administrator; and
(e) Be used to the extent to which it does not adversely affect adjacent properties.

B. Drainage facilities. Storm drainage facilities shall be designed to convey the flow of stormwater runoff in a safe and efficient manner. The system shall ensure proper drainage along streets and provide positive drainage away from buildings. The system shall also be designed to prevent the discharge of excess runoff onto adjacent properties.
C. Water and sanitary sewer facilities and systems.

(1) All new or replacement water supply and sanitary sewer facilities and systems shall be located, designed and constructed to minimize or eliminate flood damages and the infiltration of floodwaters.
(2) Sanitary sewer facilities and systems shall be designed to prevent the discharge of untreated sewage into floodwaters.
(3) No part of any on-site waste disposal system shall be located within any identified floodplain area except in strict compliance with all state and local regulations for such systems. If any such system is permitted, it shall be located so as to avoid impairment to it, or contamination from it, during a flood.
(4) The design and construction provisions of the UCC and FEMA No. 348, "Protecting Building Utilities From Flood Damages" and "The International Private Sewage Disposal Code" shall be utilized.

D. Other utilities. All other utilities such as gaslines, electrical and telephone systems shall be located, elevated (where possible) and constructed to minimize the chance of impairment during a flood.
E. Streets. The finished elevation of all new streets shall be no more than one foot below the regulatory flood elevation.
F. Storage. All materials that are buoyant, flammable, explosive, or, in times of flooding, could be injurious to human, animal, or plant life, and not listed in § 84-90.12: Development which may endanger human life, shall be stored at or above the regulatory flood elevation or floodproofed to the maximum extent possible.
G. Placement of buildings and structures. All buildings and structures shall be designed, located, and constructed so as to offer the minimum obstruction to the flow of water and shall be designed to have a minimum effect upon the flow and height of floodwater.
H. Anchoring.

(1) All buildings and structures shall be firmly anchored in accordance with accepted engineering practices to prevent flotation, collapse, or lateral movement.
(2) All air ducts, large pipes, storage tanks, and other similar objects or components located below the regulatory flood elevation shall be securely anchored or affixed to prevent flotation.

I. Floors, walls and ceilings.

(1) Wood flooring used at or below the regulatory flood elevation shall be installed to accommodate a lateral expansion of the flooring, perpendicular to the flooring grain, without causing structural damage to the building.
(2) Plywood used at or below the regulatory flood elevation shall be of a marine or water-resistant variety.
(3) Walls and ceilings at or below the regulatory flood elevation shall be designed and constructed of materials that are water-resistant and will withstand inundation.
(4) Windows, doors, and other components at or below the regulatory flood elevation shall be made of metal or other water-resistant material.

J. Paints and adhesives.

(1) Paints and other finishes used at or below the regulatory flood elevation shall be of marine or water-resistant quality.
(2) Adhesives used at or below the regulatory flood elevation shall be of a marine or water-resistant variety.
(3) All wooden components (doors, trim, cabinets, etc.) used at or below the regulatory flood elevation shall be finished with a marine or water-resistant paint or other finishing material.

K. Electrical components.

(1) Electrical distribution panels shall be at least three feet above the base flood elevation.
(2) Separate electrical circuits shall serve lower levels and shall be dropped from above.

L. Equipment.

(1) Water heaters, furnaces, air-conditioning and ventilating units, and other electrical, mechanical or utility equipment or apparatus shall not be located below the regulatory flood elevation and shall be anchored to resist flotation, collapse, and lateral movement.
(2) Ductwork shall be elevated to or above the regulatory flood elevation or floodproofed to remain water-resistant.

M. Fuel supply systems. All gas and oil supply systems shall be designed to prevent the infiltration of floodwaters into the system and discharges from the system into floodwaters. Additional provisions shall be made for the drainage of these systems in the event that floodwater infiltration occurs.
N. Uniform Construction Code coordination. The standards and specifications contained in 34 Pa. Code (Chapters 401-405), as amended and not limited to the following provisions, shall apply to the above and other sections and subsections of this article, to the extent that they are more restrictive and supplement the requirements of this article.

(1) International Building Code (IBC) 2009 or the latest revision thereof as adopted by the Commonwealth of Pennsylvania: Sections 801, 1202, 1403, 1603, 1605, 1612, 3402, and Appendix G.
(2) International Residential Building Code (IRC) 2009 or the latest revision thereof as adopted by the Commonwealth of Pennsylvania: Sections R104, R105, R109, R322, Appendix E, and Appendix J.

See § 84-90.12: Development which may endanger human life.

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 requirements. 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.[1] 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. Landscaping materials intended to form a screen shall create a reasonably dense, although not necessarily opaque, screen, adequate to obstruct casual observations to a height of eight feet within three years of planting, except as required in § 84-55C(1)(b). All landscaping elements within the parking lot area and all perimeter landscaping shall be in place upon occupancy of the facility served by the parking area.

(a) Nonliving materials. The following materials are permissible as landscape elements: stones, pebbles, sand, wood chips or other decorative mulch, water or art. Under no circumstances shall artificial plants or bare earth be considered landscape elements.
(b) Nonliving buffers. Fences, walls and earthen berms, preferably covered with plant material, may be used as buffers. The Board of Supervisors may reject such nonliving buffers as it may deem to be incompatible with the aesthetic function of landscaping.
(c) Living material. All living materials used for parking area landscaping shall be appropriate for this climate, hardy, long-lived, salt-tolerant, heat-tolerant, pollution-resistant and require low maintenance. The following requirements shall apply:

[1] Grasses. All grasses used for landscaping must be indigenous to the area or well-suited to this area. Hydroseeding is an adequate method of application in most areas: swales and slopes in excess of 15% must be sodded.
[2] Shrubs. Flowering, ornamental shrubs shall be preferred (but not required) for their ornamental effect. Thorn bushes are discouraged, except in areas where security is a concern, and should be arranged to ensure against causing damage to vehicles or injury to pedestrians. Flowering shrubs should be sufficiently mature at time of planting to flower by the second season following planting.
[3] Trees. Specimens used in parking areas shall provide moderately dense shade in summer. Species with large leaves which could clog drains shall be avoided. Species that are brittle, disease-prone, have low, spreading brachiation or shallow root systems, which drop large fruit or much sap or which are otherwise messy shall also be avoided. Except for trees native to the site being retained, all trees shall be healthy nursery stock with a minimum caliper of 1 1/2 inches, two feet from the ground. Existing healthy trees shall be retained in accord with § 69-9N of the West Goshen Township Code, known as the "Soil Erosion and Sediment Control Ordinance."
See § 84-55C(6)(c)[3][a] for a list of trees recommended for parking lots.
See § 84-55C(6)(c)[3][b] for a list of trees unsuitable for use in parking lots.
See § 84-55C(6)(c)[3][c] for a list of evergreen trees suitable for buffering and perimeter landscaping.
See § 84-55C(6)(c)[3][d] for a list of problematic trees which should not be used.
The trees and shrubs which are listed on the Recommended Planting Guide, which is attached hereto, and adopted by reference as part of this chapter, may be used for the screening and landscaping required by this section. This list is not exclusive and an applicant may choose different species provided such different species are approved by the Board as part of an overall landscaping plan. When multiple trees are required, an applicant is encouraged to choose a variety of species unless necessary for a specific design objective.

(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.

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.

A. Change of use. A lawful nonconforming use of land or of a building or other structure shall not be changed to another nonconforming use but may only be changed to a use permitted by the applicable zoning regulations for the district in which the land, building or structure is located.
B. Abandonment of use. Whenever a nonconforming use of land or of a building or other structure or any portion thereof is abandoned or discontinued for a continuous period of one year or more, such abandonment or discontinuance shall be presumed to constitute an intention to abandon or discontinue such use and any subsequent use of such land, building or structure shall be in conformity with the provisions of this chapter.
C. Restoration. Any lawful nonconforming building or other structure which has been involuntarily damaged or destroyed by fire, explosion, windstorm or other similar act or cause or a nonconforming building which has been legally condemned may be reconstructed and used for the same nonconforming use, provided that the reconstructed buildings shall not exceed in height, area and volume the building destroyed or condemned and the building reconstruction shall be commenced within one year from the date the building was destroyed or condemned and shall be carried on without interruption.

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.
The Zoning Officer shall compile and maintain a registration file or list of all nonconforming uses and structures within West Goshen Township. The Zoning Officer shall give notice of the registration or refusal to register in the manner provided in § 84-62B(5) and, in addition, shall send notice of such action to the property owner and any occupant or user thereof. Any person aggrieved by the Zoning Officer's registration or refusal to register any nonconforming use or structure shall appeal in the manner and within the time limits provided in § 84-72: Appeals to the Board of this chapter or be forever barred therefrom.

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:

[1] Parking lot/school parking garage configuration. 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] Parking lot/school parking garage configuration. When sixty-degree parking is proposed, the vehicular travel aisle shall be a minimum of 24 feet wide when two–way traffic is proposed.
[3] Parking lot/school parking garage configuration. When seventy-five-degree parking is proposed, the vehicular travel aisle shall be a minimum of 22 feet wide when one-way traffic is proposed.
[4] Parking lot/school parking garage configuration. When sixty-degree parking is proposed, the vehicular travel aisle shall be a minimum of 18 feet wide when one-way traffic is proposed.

(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.

(a) Lanes designed for circulation of motor vehicles within the parking area shall have a minimum width of 24 feet for two-way traffic. Lanes designated for circulation within the parking area for one-way traffic shall have a minimum width of 18 feet with sixty-degree angled parking and 22 feet for seventy-five-degree angled parking.
(b) Driveways providing access to the parking area from the street shall be of adequate length to accommodate off-street stacking of vehicles waiting to enter the parking area. The stacking area shall accommodate at least one vehicle, plus one vehicle for every 50 spaces provided in the parking area, up to 20 stacking spaces.
(c) Off-street parking areas shall have separate, marked lanes for ingress and egress. For parking areas with access solely onto a minor local street and providing 10 or fewer off-street parking spaces, a single lane for both ingress and egress is adequate.
(d) Miniwarehouses shall be separated on all sides by a paved driveway access having a minimum width of 30 feet.
(e) Parallel parking shall be permitted along straight driveway sections if the minimum driveway width exclusive of the parking spaces is 24 feet for two-way traffic and 18 feet for one-way traffic.

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:

(a) The owners of two or more lots shall submit with their application a site plan which depicts the location of the off-site parking and a calculation of the number of spaces required for each use on the lots.
(b) The owners shall submit an agreement in a form satisfactory to the Solicitor signed by the owners of the lots which guarantees that the parking spaces shall be available for the uses proposed. The agreement shall be recorded and must remain in effect for as long as the uses require the off-site parking.
(c) Some portion of the off-site parking area designated for a particular use shall lie within 300 feet of a building entrance regularly used by patrons of the use.
(d) The lot(s) used for off-site parking must have cross access easements such that the off-site parking spaces must be accessible from inside of the lot or lots without the need to exit onto a public street to gain access.

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.

A. For purposes of calculating the maximum permissible number of lots or dwelling units authorized by the open space design option provisions of this article, the net tract acreage shall be established by excluding the following areas from the gross area within the title lines of the tract, calculated in acres or parts thereof:

(1) Any land within the identified floodplain area.
(2) The existing areas (prior to the proposed development under the provisions of this article) within the tract perimeter set aside as rights-of-way for streets, public or private utilities and all areas of easements, including but not limited to storm drainage easements, water easements, sewage easements, utility easements and easements of access but excluding conservation easements.
(3) Any area of prohibitive steep slopes as defined in § 84-54B of this chapter.
(4) Any area of wetlands as defined for purposes of jurisdiction of the Pennsylvania Department of Environmental Protection or the United States Army Corps of Engineers, whichever is more extensive.

B. The maximum permissible number of lots or dwelling units on any tract utilizing the open space design option shall be calculated by multiplying the net tract acreage by two. The maximum number so calculated shall be reduced to the extent necessary to strictly comply with all other standards, criteria and regulations of this chapter and any other applicable Township regulatory ordinances.
C. Not less than 45% of the gross acreage of the tract shall be designed as contiguous open space and shall be restricted from further development by deed restriction or by declaration of covenants, restrictions and easements which shall be subject to approval by the Board of Supervisors and which shall be recorded contemporaneously with the development plan in the Office of the Recorder of Deeds of Chester County, Pennsylvania. Designated restricted open space shall comply with all standards and criteria for restricted open space established in § 84-128: Conservation and development design standards of this article.
D. Not more than 25% of the gross tract area shall be covered with impervious surfaces.
E. The following area and bulk regulations shall apply to individual single-family detached residential lots created under this article:

(1) Lot size: 7,500 square feet minimum.
(2) Lot width at building line: 80 feet minimum.
(3) Maximum building coverage: 35% of lot area.
(4) Maximum total impervious coverage: 50% of lot area.
(5) Building setback line: 20 feet minimum.
(6) Side yard: 10 feet minimum.
(7) Rear yard: 30 feet minimum.
(8) Maximum building height: 3 stories, not to exceed 30 feet.

Conservation and development design standards.

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.

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:

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.

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.

(1) Address signs: as required by § 54-6: Specifications..
(2) Public information and directional signs: The number shall be the minimum required to convey the essential information.
(3) Place signs: two per lot.

(a) Place signs in the R-3B District: A maximum of six place signs shall be permitted per road entrance at an intersection with a major collector street, provided that three of such place signs share the same supporting structure; otherwise two place signs shall be permitted at such intersection. A maximum of one additional place sign shall be permitted per road entrance to a distinct interior community, residential development, public facility or historic facility within a larger development tract exclusive of any place sign permitted at a major collector road entrance. All place signs shall be single-faced. Any illumination shall be concentrated upon the area of the sign(s) only in such manner as to prevent glare upon adjacent public or private rights-of-way or other property.

(4) Home occupation signs: one per dwelling.
(5) Institutional signs: two per institution.
(6) Real estate signs, limited as follows:

(a) House-for-sale sign: one per property boundary facing each separate abutting street. Off-site directional signs may be posted at the intersection closest to the listed property on which the house-for-sale sign is located and may be erected no earlier than 6:00 p.m. on Friday and must be removed by 6:00 p.m. on Sunday.
(b) Open-house sign: one per property boundary facing each separate abutting street. A maximum of two off-site directional signs may be located at any one intersection, and on a straight-of-way one sign may be erected per change of direction or per 1.0 mile. Signs may contain any and all of the following information: development name, name of real estate broker/agent or individual holding the open house, and telephone number. Signs may be erected no earlier than 8:00 a.m. on the day of the open house and must be removed by 6:00 p.m. on the day of the open house.
(c) New development sign: one per street entrance. The sign may indicate that the tract is in the active process of securing or has received subdivision and/or land development approval for residential or nonresidential uses. Such signs may be posted no earlier than 6:00 p.m. on Friday and must be removed by 6:00 p.m. on Sunday.
(d) The Township Zoning Officer, his/her designee, the Streets Superintendent, Public Works Director and Public Works employee are authorized to physically remove any such real estate off-site directional sign remaining after the removal deadlines specified above.
(e) No such sign shall be located so as to obstruct pedestrian or vehicular traffic, or obstruct vision of vehicular traffic, nor shall any such sign be attached to a utility pole, official traffic signpost or official street sign.

(7) Construction: one per site.
(8) Office signs: For a lot occupied by a single office, one freestanding and one wall sign are permitted. Multiple occupancy lots may have one freestanding sign identifying the complex plus one freestanding or wall-mounted directory sign per building. Where individual offices open to an exterior wall, each office may be identified by an individual sign in letters not to exceed four inches in height.
(9) Business and industrial signs: Where a single business and/or industry occupies a single lot, three signs are permitted, one of which may be freestanding. Where multiple businesses and/or industries are located on the same lot but in attached buildings, one freestanding sign is permitted. Additionally, one wall or roof sign per business is permitted. Where multiple businesses and/or industries are located in separate buildings on the same lot, up to three signs per building may be permitted; provided, however, that the total number of freestanding signs on the tract shall not exceed the lesser of one per building or one per 200 feet of street frontage, whichever is less. In each instance where the area of the exterior surface of a wall is comprised of more than 30% of glass or other translucent or transparent material, the maximum area of window sign coverage shall be reduced from 20% to 10% of the area of the window.
(10) Directory signs: one per building.
(11) Special event: two per lot or one for every 10 acres of lot area.

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.

A. Purpose and intent. It is the intent of this section to establish supplemental regulations to control the development of areas containing steeply sloped land for the purpose and with the intent of preserving and promoting the health, safety and general welfare for the following purposes:

(1) To minimize soil erosion and sedimentation.
(2) To protect watersheds and limit increases in stormwater runoff.
(3) To protect residents of the Township from property damage and personal injury caused by runoff, erosion and landslides attributable to nearby development on steeply sloping land.
(4) To protect the quality of stream water subject to degradation by indiscriminate grading and development.
(5) To protect the natural vegetative cover in steep slopes and to maintain adequate foliage and vegetative cover thereon.
(6) To protect streams from increases in sediment and pollution.
(7) To minimize the necessity for expenditure of Township funds for corrective public works caused by soil erosion and subsidence, sedimentation and landslides.

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. The construction, erection and development of buildings or structures on precautionary steep slopes shall be subject to the following limitations:

(1) The maximum impervious surface coverage in the precautionary steep slopes shall be limited to 20% of the total area of precautionary steep slopes on the lot.
(2) If a driveway is to be located on a precautionary steep slope, a driveway grading plan shall be submitted for approval to the Zoning Officer and Township Engineer, subject to accepted-engineering criteria consistent with the other requirements of this section. The grading plan shall be prepared by a licensed professional engineer and shall show existing and proposed contour grades at two-foot contour intervals within 25 feet of either side of the proposed driveway and the center-line profile of the driveway showing slopes and vertical alignment of the proposed driveway.
(3) To minimize cutting or filling, all streets shall be placed as close to the natural contour of the lot as possible. Storm sewers, culverts, stormwater retention or detention structures and related installations shall comply with the applicable provisions of the West Goshen Township Subdivision and Land Development Ordinance codified in Chapter 72: Subdivision of Land of the West Goshen Code.
(4) The construction of all buildings, structures and streets in precautionary steep slopes shall be preceded by the installation of the proposed storm drainage and erosion control systems.
(5) Where development is proposed on a single lot which is located in an area not having a central storm drainage system, runoff from impervious surfaces shall be diverted and carried to an acceptable outlet by one or a combination of the following methods: filtration beds, subsurface drywells, storm drainage systems and/or underground conduit systems or other adequate and protected outlets approved by the Township Engineer.

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. Neither the approval nor the granting of any construction permit, subdivision or land development approval or site development plan involving any land governed by the provisions of this section, by an officer, employee or agency of the Township, shall constitute a representation, guaranty or warranty of any kind by the Township or its officers, officials, employees or agencies of the practicality or safety of any structure, use or development; and the same shall create no liability upon or a cause of action against the Township, its officers, agencies, agents or employees for any damage that may result pursuant thereto.

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.

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.