ORDINANCE NO. _06-2007__

BE IT ENACTED AND ORDAINED by the Board of Supervisors of Londonderry Township, Chester County, Pennsylvania, that the Londonderry Township Zoning Ordinance, as amended, be further amended as follows:

SECTION 1. Article VII, R-2 Residential District, Section 170-46, Open space design option, subsection B, Eligibility, shall be amended by adding new subsection (4) as follows:

(4) No property or portion thereof shall be included as part of the gross area of an open space design development tract for purposes of qualifying as restricted open space or calculating density, impervious surface, or net or gross tract area requirements of this ordinance, where such property or portion thereof is subject to an existing conservation easement that has extinguished development rights associated with the property or portion thereof.

SECTION 2. Article V, RA-2 Residential Agricultural District, Section 170-27, Open space design option, subsection D shall be amended in its entirety as follows:

D. Not less than 50% of the net tract area, together with 100% of the area comprised of wetland, slope exceeding 15%, Flood Hazard Conservation District, and hydric soils, shall be designated and maintained as restricted open space and shall comply with the standards for restricted open space contained in Section 170-46-D.

SECTION 3. Article VI, R-1 Residential District, Section 170-33, Open space design option, subsection D shall be amended in its entirety as follows:

D. Not less than 35% of the net tract area, together with 100% of the area comprised of wetland, slope exceeding 15%, Flood Hazard Conservation District, and hydric soils, shall be designated and maintained as restricted open space and shall comply with the standards for restricted open space contained in Section 170-46-D.

SECTION 4. Article VII, R-2 Residential District, Section 170-40, Open space design option, subsection D shall be amended in its entirety as follows:

D. Not less than 20% of the net tract area, together with 100% of the area comprised of wetland, slope exceeding 15%, Flood Hazard Conservation District, and hydric soils, shall be designated and maintained as restricted open space and shall comply with the standards for restricted open space contained in Section 170-46-D.

SECTION 5. Article VII, R-2 Residential District, Section 170-42, Traditional neighborhood development option, subsection E, Standards for restricted open space, introductory provision shall be amended in its entirety as follows:

E. Not less than 50% of the net tract area, together with 100% of the area comprised of wetland, slope exceeding 15%, Flood Hazard Conservation District, and hydric soils, shall be designated and maintained as restricted open space as provided below:

SECTION 6. Article VIII, Alternate Residential Development Standards, Section 170-46, Open space design option, shall be amended as follows:

A. Subsection C, Design guidelines and standards, subsection (2) shall be revised in its entirety as follows:

(2) The minimum area of restricted open space to be provided shall be as specified in the applicable district regulation. Such restricted open space must meet the standards contained in Section 170-46-D, below.

B. Subsection D, Standards for restricted open space, subsection (1), Configuration, subsection (b) shall be deleted in its entirety.

SECTION 7. Article II, Definitions and Word Usage, Section 170-13, Definitions, shall be amended as follows:

A. The definition of "LOT AREA, NET" shall be amended in its entirety as follows:

LOT AREA, NET -

A. The area of land contained within the title lines of a lot, but excluding all of the following conditions and features:
(1) Any area, existing or proposed, within a right-of-way or easement for (a) a public or private street, (b) aboveground or underground utilities that do not exclusively serve the lot traversed, (c) a driveway that does not serve the lot traversed, or (d) water or wastewater facilities that do not serve the lot traversed;
(2) Any area comprising a wetland;
(3) Any area where the slope of the land exceeds 15%;
(4) Any area covered by the Flood Hazard Conservation District, except where such area already is excluded in Subsection A(1) to (3), above;
(5) Any area comprised of hydric soils, except where such area already is excluded in Subsection A(1) to (4), above;
(6) Any area comprising a lake or pond.

B. In addition, the net lot area shall not be divided completely by any of the above-cited features, with the exception of underground utility right-of-way or easements.

B. The definition of "TRACT AREA, NET" shall be amended in its entirety as follows:

TRACT AREA, NET - The area of land contained within the title lines of a tract, but excluding all of the following conditions and features:
A. Any area within an existing public or private street right-of-way;
B. Any area within an easement established for aboveground or underground utilities that do not exclusively serve the tract traversed;
C. Any area within an easement established for water or wastewater facilities that do not serve the tract traversed;
D. Any area comprising an existing lake or pond;
E. Any area comprising a wetland;
F. Any area where the slope of the land exceeds 15%;
G. Any area covered by the Flood Hazard Conservation District, except where such area already is excluded in Subsections D through F, above;
H. Any area comprised of hydric soils, except where such area already is excluded in Subsections D through G, above.

C. The definition of "HOME OCCUPATION" shall be deleted in its entirety.

D. The following definitions shall be added:

HOME OCCUPATION, NO-IMPACT -- A use that is customarily accessory to, and carried on within, a dwelling unit by one (1) or more residents of such dwelling unit in accordance with the standards of this ordinance. Such use shall be clearly secondary to the principal residential use, and shall meet the standards for a "no-impact home business" contained in the Pennsylvania Municipalities Planning Code.

HOME OCCUPATION, MAJOR -- A use that is customarily accessory to a principal residential use, but that does not meet the criteria for a No-Impact Home Occupation and requires review and approval as a conditional use by the Board of Supervisors in accordance with the standards of this ordinance.

SECTION 8. Article IV, AP Agricultural Preservation District, Section 170-18, Use regulations, shall be amended as follows:

1. Subsection C, Uses permitted as conditional uses, shall be amended by adding new (3) as follows:

(3) Major home occupation, in accordance with Section 170-119.

2. Subsection D, Accessory Uses, subsection (3) shall be amended in its entirety as follows:

(3) No-impact home occupation, in accordance with Section 170-119 of this chapter.

SECTION 9. Article V, RA-2 Residential Agricultural District, shall be amended as follows:

1. Section 170-23, Permitted uses, Subsection H shall be amended in its entirety as follows:

H. No-impact home occupation, as a use accessory to residential use, subject to standards in Section 170-119.

2. Section 170-24, Uses permitted as conditional uses, shall be amended by adding the following:

C. Major home occupation, in accordance with Section 170-119.

SECTION 10. Article VI, R-1 Residential District, shall be amended as follows:

1. Section 170-29, Permitted uses, subsection G shall be amended in its entirety as follows:

G. No-impact home occupation, as a use accessory to residential use, in accordance with the terms of Section 170-119;

2. Section 170-30, Uses permitted as conditional uses, subsection D shall be amended in its entirety as follows:

D. Major home occupation, in accordance with the terms of Section 170-119.

SECTION 11. Article VII, R-2 Residential District, shall be amended as follows:

1. Section 170-36, Permitted uses, subsection P shall be amended in its entirety as follows:

P. No-impact home occupation, as a use accessory to residential use, in accordance with the terms of Section 170-119;

2. Section 170-37, Uses permitted as conditional uses, subsection D shall be amended in its entirety as follows:

D. Major home occupation, in accordance with the terms of Section 170-119.

3. Section 170-42, Traditional neighborhood development option, subsection C, Additional permitted uses, subsection (10) shall be revised in its entirety as follows:

(10) No-impact home occupation, as a use accessory to residential use, in accordance with the terms of Section 170-119.

SECTION 12. Article X, C Local Commercial District, shall be amended as follows:

1. Section 170-51, Uses permitted by right, shall be amended by adding subsection S as follows:

S. No-impact home occupation, as a use accessory to residential use, in accordance with the terms of Section 170-119.

2. Section 170-52, Uses permitted as conditional uses, shall be amended by adding subsection E as follows:

E. Major home occupation, in accordance with the terms of Section 170-119.

SECTION 13. Article XII, GC-1 General Commercial Industrial District, shall be amended as follows:

1. Section 170-61, Uses permitted by right, shall be amended by adding subsection W as follows:

W. No-impact home occupation, as a use accessory to residential use, in accordance with the terms of Section 170-119.

2. Section 170-62, Uses permitted as conditional uses, shall be amended by adding subsection N as follows:

N. Major home occupation, in accordance with the terms of Section 170-119.

SECTION 14. Article XVIII, General Regulations, Section 170-119, Home occupation regulations, shall be amended in its entirety as follows:

§170-119. Home occupation regulations.

A. Home occupations shall be classified as either:
(1) No-impact home occupation, as defined in Section 170-13 and where permitted by right as a use accessory to residential use under the terms of the base zoning districts; or
(2) Major home occupations, as defined in Section 170-13 and where permitted as a conditional use under the terms of the base zoning districts.

B. No-impact home occupations shall meet all of the following requirements:
(1) The business activity shall be compatible with the residential use of the property and surrounding residential uses.
(2) No exterior evidence of the activity, including signs, lighting, or the display, inventorying, or stockpiling of goods, shall be visible.
(3) No retail sales, exclusive of telephone and/or internet solicitation, may be conducted.
(4) Only residents of the dwelling may be engaged or employed in the activity.
(5) The activity may be conducted only within the dwelling unit and may not occupy more than twenty-five percent (25%) of the habitable floor area.
(6) The activity shall not require the delivery of materials and goods by trucks larger than standard panel trucks equipped with no more than one rear axle.
(7) The activity may not use any equipment or process that creates noise, vibration, glare, fumes, odors, or electrical or electronic interference, including interference with radio or television reception, that is detectable in the neighborhood.
(8) The activity may not generate any solid waste or sewage discharge in volume or type that is not normally associated with residential use in the neighborhood.
(9) There shall be no customer or client traffic, whether vehicular or pedestrian, and no pickup, delivery, or removal functions to or from the premises, in excess of those normally associated with residential use.
(10). There shall be no more than one (1) home occupation per dwelling unit.
(11) Any dwelling unit in which a home occupation is conducted shall have its own direct access to ground level.
(12) The resident practitioner of any home occupation shall provide the Township with the names of all individuals employed by the business constituting the home occupation, and shall report all additions or deletions among those so employed as they occur.
(13) Prior to initiating the operation of a home occupation, the resident practitioner shall be required to obtain a permit from the Township and pay a fee in an amount as established by resolution of the Board of Supervisors. The Township shall conduct an inspection of the premises as part of the review of the permit application. Such permit must be renewed every two years for continued operation of the home occupation, but no additional fee or inspection shall be required.

C. Major home occupations shall be subject to approval by the Board of Supervisors as a conditional use and shall meet all of the following requirements:

(1) Purpose. The purpose of the standards in this section is to provide opportunity for certain home occupation uses that do not comply fully with the criteria in Section 170-119-B for home occupations permitted by right, primarily due to the proposed employment of non-residents and/or the nature of the proposed use. It is the intent of this section to assure that any home occupation is:
(a) Compatible with other uses permitted in the respective zoning districts.
(b) Incidental and secondary to the use of the property as a residential lot.
(c) Helping to maintain and preserve the character of the neighborhood.
(2) In addition to the standards contained in this Subsection (C), any applicant seeking approval of a home occupation as a special exception shall comply with the standards in Sections 170-119-B(1), (6), (7), (8), (10), (11), and (12).
(3) No exterior evidence of the activity in the form of lighting, or the display, inventorying, or stockpiling of goods, shall be visible. Any sign associated with a home occupation shall comply with the standards in Section 170-135-B-2-a of this ordinance.
(4) A home occupation approved under the terms of this section may be located only within a single-family detached dwelling or within an accessory building located on the same lot as a single-family detached dwelling.
(5) Where a home occupation is conducted, in whole or in part, within an accessory building on the property, the total floor area devoted to the home occupation shall not exceed twenty-five percent (25%) of the floor area of the single-family detached dwelling or six hundred (600) square feet, whichever is less.
(6) If the resident conducting the home occupation is a tenant and not the owner of the property, the owner shall be party to the application for special exception approval.
(7) No more than two (2) non-resident employees shall be permitted. However, where a home occupation is an office in the building trades and similar fields, the business may have additional employees for off-site activities provided they are not employed on-site, they do not park on or near the property, and they do not normally visit the property during the course of business.
(8) Major home occupations shall be limited to those occupations customarily conducted within a single-family detached dwelling or a building accessory to a single-family detached dwelling. Major home occupations shall include, but not be limited to, the following activities:
(a) Medical, dental, or legal office.
(b) Family child/adult day care involving no more than six (6) children or adults unrelated to the operator, and provided the following criteria are met:
[1] The minimum size of the lot containing the day care facility shall be twenty-five thousand (25,000) square feet.
[2] Passenger drop-off and pick-up areas shall be provided on-site and arranged so that passengers are not required to cross traffic lanes on or adjacent to the site and vehicles are not required to back out onto the abutting street.
[3] There shall be suitable outside activity/recreation area which shall be buffered from all adjoining properties with screening by evergreens, walls, fencing or other materials acceptable to the Board of Supervisors. Any wall or fence shall not be constructed of corrugated metal, corrugated fiberglass, woven chain link, or sheet metal. Screening shall be arranged to block the ground level views between grade and the height of six (6) feet. Landscape screens shall achieve this visual blockage within two (2) years following installation.
(c) Preparation of food or food products to be sold or served off-site.
(d) Other accessory uses that do not qualify as no-impact home occupations under the terms of Section 170-119-B but, in the determination of the Board of Supervisors, are considered to be of the same general character as the home occupations listed herein and meet all the requirements for major home occupations contained in this ordinance.
(9) The applicant shall demonstrate that adequate off-street parking shall be provided for both the home occupation and the dwelling unit. In no event shall the parking spaces provided be less than two (2) for the dwelling unit and one (1) for each non-resident employee.
(10) Retail sale of merchandise, supplies, or products shall not be conducted on the property except for the following:
(a) The sale of items that are clearly incidental and subordinate to the conduct of the home occupation or items used in the home occupation such as the sale of beauty supplies used by the proprietor is permitted.
(b) Orders previously made by telephone, internet, appointment, or other prior contact may be filled at the site of the home occupation. There shall be no direct sales of products from display shelves or racks, but a person may pick up an order placed earlier as described above.
(11) Unless otherwise determined by the Board of Supervisors, an approved home occupation may be conducted only during the hours of 7 a.m. to 7 p.m.
(12) Where the proposed home occupation will include non-resident employees, in accordance with the terms of this ordinance, the Board of Supervisors may require appropriate documentation that the sewage facilities serving the property will be adequate to meet the wastewater treatment and disposal needs that will be generated on the property. Where such facilities cannot be provided, the Board may deny the request for special exception.
(13) Prior to initiating the operation of a major home occupation, the resident practitioner shall be required to obtain a permit from the Township and pay a fee in an amount as established by resolution of the Board of Supervisors. The Township shall conduct an inspection of the premises as part of the review of the permit application. Such permit must be renewed annually for continued operation of the home occupation, and the Township may conduct an inspection, as it deems necessary, in conjunction with the permit renewal process.

SECTION 15. If any sentence, clause, section or part of this ordinance is, for any reason, found to be unconstitutional, illegal or invalid, such unconstitutionality, illegality or invalidity shall not affect or impair any of the remaining provisions, sentences, clauses, sections or parts hereof. It is hereby declared as the intent of the Board of Supervisors that this ordinance would have been adopted had such unconstitutional, illegal or invalid sentence, clause, section or part thereof not been included herein.

SECTION 16. All ordinances or parts of ordinances conflicting with any provisions of this ordinance are hereby repealed insofar as the same affects this ordinance.

SECTION 17. This amendment shall be effective 5 days following adoption, as by law provided.

IN ALL OTHER RESPECTS and regards, the Township Zoning Ordinance, adopted October 16, 1979, as previously amended on several occasions since that date, is hereby confirmed and continued.