The provisions of this article shall apply to
all uses, development, and structures in the Borough, regardless of
district, and shall be considered as additional conditions or restrictions
to any other provisions in this chapter. To the extent anything contained
in this article conflicts with any other provision of the Zoning chapter,
the most stringent and restrictive provision shall apply.
In any district, more than one structure housing
a permitted or permissible principal use(s) may be erected on a single
lot, provided that yard and other requirements of this chapter shall
be met for each structure as though it were on an individual lot.
In addition, such proposals shall gain approval for a land development
plan and provide individually approved methods of sewage disposal
and water service.
Every principal building shall be built upon
a lot with frontage upon a public street or a private street improved
to meet Borough standards.
The height limitations of this chapter shall
not apply to church spires; farm structures when permitted by other
provisions of this chapter (e.g., silos, barns, etc.); belfries, cupolas,
penthouses and domes not used for human occupancy, chimneys, ventilators,
skylights, water tanks, bulkhead and similar features; utility poles
and standards; and necessary mechanical appurtenances usually carried
above the roof level. Such features, however, shall be erected only
to such height as is necessary to accomplish the purpose they are
to serve and then only in accordance with any other governmental regulations.
Where an unimproved lot of record is situated
between two improved lots, the front yard requirements for the district
may be modified so that the front yard may be an average of the adjacent
existing front yards. Where an unimproved lot of record is adjacent
to one improved lot which was developed prior to the enactment of
this chapter, the front yard requirements of the unimproved lot may
be reduced to the average of the existing improved lot setback and
required front yard. If the block on which the site fronts is developed
more than 50%, the setback of the majority of the existing buildings
on that block must be used.
A.
Corner lots.
(1)
Front yards are required on both street frontages,
and one yard other than the front yards shall be deemed to be a rear
yard, and the other (or others) side yards.
(2)
In the case of a corner lot possessing frontage on
two or more public streets, the setback lines shall be determined
by the following standards:
(a)
At least one front setback shall be provided
at the full distance required generally for the district in question,
and the second (or subsequent) front setbacks, hereinafter referred
to as secondary front setbacks, shall not have less than 1/2 the full
distance required for the district in question; provided, however,
that in no instance shall a secondary front setback be less than the
minimum side yard setback required in the district in question.
(b)
In the case of a corner lot, if the block on
which the second or subsequent front yard of the site is located is
developed more than 50%, the setback of the majority of the existing
buildings on that side block must be used. Otherwise the minimum setback
on the side street shall be equal to no less that the minimum required
side yard in the district.
(3)
The rear yard shall be that yard which is opposite
and most distant from the front lot line on the street of address.
(4)
No obstructions to vision exceeding 30 inches in height
above curb level shall be erected or maintained within a seventy-five-foot
clear sight triangle formed by the center line of intersecting streets.
B.
Through lots. Where a lot extends through from street
to street, the applicable front yard regulations shall apply on both
street frontages. However, in the event of a complete system of through
lots which are designed for reversed frontage, the front yard need
only be along the more minor street of the subdivision.
C.
Irregularly shaped lots. In the case of irregularly
shaped lots, the minimum lot width specified in the district shall
be measured at the rear lot line of the minimum required front yard,
provided that in no case shall the lot frontage measured at the street
right-of-way line be less than 70% of the minimum lot width, except
in the following situations: on culs-de-sac's or courts' or streets'
center-line curves of less than three-hundred-foot radius where the
lot frontage measured at the street right-of-way line shall not be
less than 40% of the minimum lot width.
 |
D.
Projections into required yards.
(1)
Cornices, canopies, eaves or other architectural features
may project into side yards a distance not exceeding two inches per
one foot of side yard width but may not exceed a total of three feet.
(2)
Bay windows, balconies, fireplaces, uncovered stairways
and necessary landings, and chimneys may project a distance not exceeding
three feet.
(3)
Patios, decks, paved terraces and open porches may
be located in side and rear yards, provided that they do not extend
closer than three feet from any side or rear property line, and may
project into front yards not closer than 20 feet to the street right-of-way
line. If located closer than 10 feet to any adjacent property line,
they shall be screened in accordance with the provisions of this chapter.
In case of a corner lot, no such structures shall extend into the
required yard adjoining each street closer than 20 feet to the street
right-of-way line.
(4)
Nothing herein contained shall prevent the projection
of an open fire escape into a yard for a distance not to exceed eight
feet in a side or rear yard. No open fire escape shall project into
a front yard.
(5)
Handicap ramps may be permitted in front yards, in
accordance with the following requirements:
No lot, even though it may consist of one or
more adjacent parcels or lots of record, shall be reduced such that
any minimum area, bulk, or other requirement of this chapter is not
maintained. This shall not apply when a portion of a lot is acquired
for a public purpose.
All dwelling units must conform to the minimum
habitable floor area requirements of the International Property Maintenance
Code, as may be adopted by the Borough Council from time to time.[1]
Large animals (such as cattle, horses, goats
and pigs) shall be kept on a lot with a minimum of 10 acres in lot
area and shall be stabled or housed in buildings located at least
100 feet from any lot line. In the case of the keeping of large grazing
animals (such as cattle and horses), a minimum of 1 1/2 acres
of lot area is required for each large grazing animal, but in no case
shall the total lot area be less than 10 acres in size.
A.
Landscaping.
(1)
Any part or portion of a site which is not used for
buildings or other structures, loading and parking spaces and aisles,
sidewalks and designated storage areas shall be planted and maintained
with landscaping.
(2)
Except for single-family detached, single-family semidetached,
and two-family detached dwellings, any part or portion of a site which
is not used for buildings or other structures, loading and parking
spaces and aisles, sidewalks and designated storage areas shall be
landscaped according to an overall plan, prepared and approved as
part of a land development plan required under the Borough's Subdivision
and Land Development Ordinance.[1]
B.
Screening.
(1)
Screening requirements shall be applicable under the
following circumstances:
(a)
Where a proposed commercial, industrial, or
institutional use abuts an existing residential use or residential
district.
(b)
Where any proposed multifamily residential use
abuts an existing single-family detached, single-family semidetached,
or two-family detached dwelling.
(c)
Any other instance where screening is required
by this chapter.
(3)
Exceptions. No screening is required along a side
or rear property line when the side or rear property line abuts a
public alley.
C.
Off-street parking areas.
(1)
Wherever a parking area of over five spaces abuts
or is within 15 feet of the side or rear lot line of a lot in any
residential district, the parking area shall be screened from such
adjoining lot by a substantial wall, fence, or thick hedge.
(2)
Whenever a parking area of over five spaces is located
across the street from other land in any residential district, it
shall be screened from the view of such land by a thick hedge, wall,
or fence, located along a line drawn parallel to the street and a
distance of 20 feet therefrom; such screening to be interrupted only
at points of ingress and egress.
D.
Service, loading and trash disposal areas.
(1)
All service, delivery, loading and outdoor storage
and trash disposal areas shall be screened from all residential districts,
public streets, parking lots and pedestrian walkways.
(2)
These areas shall be totally screened from the above-listed
places by the use of fences, walls, berms, evergreen plant material,
or a combination of these, not less than six feet in height.
E.
All mechanical equipment not enclosed in a structure
shall be fully and completely screened in a matter compatible with
the architectural and landscaping style of the remainder of the lot.
F.
Water towers, storage tanks, processing equipment,
fans, skylights, cooling towers, vents and any other structures or
equipment which rise above the roofline shall be architecturally compatible
with or effectively shielded from view from any public or private
dedicated street by an architecturally sound method which shall be
approved, in writing, by the Borough before construction or erection
of said structures or equipment.
A.
Outdoor storage shall be completely screened from view of any adjacent residential use. Screening shall consist of evergreen plantings, architectural screen, or approved safety fence, in accordance with the requirements of § 200-29.
B.
No storage shall be permitted within the front yard
of any lot.
C.
Outside storage of raw materials and/or finished products
shall be permitted only within the buildable area of the lot to the
rear of the front building wall of the principal building, and shall
not exceed 20 feet in height.
D.
All organic refuse or garbage shall be stored in tight,
verminproof containers. In multiple-family, commercial, industrial
and other nonresidential developments, garbage storage shall be centralized
to expedite collection and enclosed on three sides by architectural
screen or plantings.
E.
Domestic composts. The placement of framed enclosure
composts as an accessory residential use is permitted, subject to
all accessory use setbacks. Only waste materials from the residential
site shall be deposited within the compost, and in no case shall meat,
or meat by-products, be composted. All composts shall be properly
maintained so as not to become a nuisance to nearby properties. In
addition, all composts shall comply with the Borough's Solid Waste
Ordinance.[1]
A temporary permit may be issued by the Zoning
Officer for structures or uses necessary during construction or other
special circumstances of a nonrecurring nature subject to the following
additional provisions:
A.
The life of such permit shall not exceed one year
and may be renewed for an aggregate period of not more than two years.
B.
Such structure or use shall be removed completely
upon expiration of the permit without cost to the Borough.
C.
A temporary structure for dwelling purposes shall
be permitted only under the following conditions:
(1)
Occupancy shall be limited to the resident and/or
property owner.
(2)
Occupancy shall only be permitted as a result of special
circumstances that make the existing dwelling on the property unlivable,
such as fire damage, flooding, interior construction, fumigation,
etc.
(3)
Occupancy for a nonresident shall not be permitted
for any time period.
(4)
Tents or recreational vehicles shall not be used as
guest quarters for a friend or relative.
D.
All temporary structures must meet the setback requirements
within the given zoning district, where feasible.
Nothing in this article shall be construed to
limit other uses not mentioned so long as they are clearly accessory
to the principal permitted use of the land and do not create a threat
to the public health, safety, and/or welfare of the community.
A.
Structures (such as bathhouses, greenhouses, storage
sheds, and detached garages) shall not exceed 50% of the floor area
of the building footprint of the principal building; shall not exceed
12 feet in height; and shall not be located in front of the principal
building; within 10 feet of the principal building; within six feet
of a side lot line; or within five feet of a rear lot line. Garages
attached to the principal building shall be treated as part of the
principal building and shall therefore comply with the applicable
setback and height requirements for the principal building.
[Amended 5-9-2016 by Ord.
No. 629]
B.
In addition to the requirements of Subsection A above, the following shall apply to lots with an average width greater than 12 feet but less than 35 feet:
(1)
An accessory structure shall be a minimum of two feet
from a side lot line and five feet from a rear lot line.
(2)
An accessory structure, other than a private garage,
shall not exceed 80 square feet in building floor area and 10 feet
in height.
(3)
Only one accessory structure shall be permitted in
addition to any private garage.
C.
In no case shall accessory structures be permitted
on lots with an average width of less than 12 feet.
A.
Essential services are permitted by right as principal
or accessory uses in all districts.
B.
Only uses specifically listed in this subsection shall
be considered to be essential services.
C.
The following are essential services not required
to meet the accessory or principal setback, lot area or other lot
requirements of this chapter, unless future building or subdivision
could be possible on the lot:
(1)
Oil pipeline and natural gas transmission and distribution
lines and accessory compressing stations.
(2)
Electrical transformers as an accessory use to dwellings.
(3)
Electrical, telephone and streetlight poles.
(4)
Electrical transmission and distribution lines and
meters.
(5)
Wells, standpipes, water transmission lines, cisterns
and meters.
(6)
Cable television and telephone lines.
(7)
Stormwater pipes, outfalls, detention basins, swales
and catch basins.
(8)
Shelters and benches for buses that transport school children or that are owned, operated or financed by a public transit authority, with signage in accordance with Article IX.
(9)
United States Postal Service mailboxes.
(10)
Boxes for receiving individual newspapers.
(11)
Railroad lines.
(12)
Fire hydrants and emergency call boxes.
(13)
Engineering retaining walls that are clearly
necessary to hold back slopes.
(14)
Household air conditioners.
(15)
Sidewalks.
(16)
Residential driveways.
(17)
UHF or VHF television antennas.
(18)
Ramps primarily intended for handicapped access.
(19)
Outside entrance to a basement of a dwelling.
D.
The following are essential services that are required,
except as may be exempted by the MPC, to meet all the requirements
of this chapter, as principal or accessory uses, as applicable:
(1)
Water towers, filtration plants and pressure stations.
(2)
On-lot septic disposal systems.
(3)
Emergency and other electrical generators and compressors.
(4)
Solid waste bulk dumpsters and bulk compactors.
(5)
Telephone switching stations.
(6)
Construction: temporary storage of vehicles and materials
and/or construction office trailers that are clearly needed and being
actively used for current construction on the same or an adjacent
lot or within the same subdivision.
(7)
Industrial or commercial air conditioners.
E.
The following are essential services which are permitted when an application for a special exception is granted by the Zoning Hearing Board pursuant to Article XII of this chapter:
F.
Buffering. Electrical substations and sewage pumping stations shall be required to provide evergreen screening on sides that are within 150 feet of a dwelling, undeveloped residentially zoned land or arterial street. The screening shall meet the requirements of § 200-29. This screening shall only be required if the electric substation would have facilities of greater than 10 feet in height. Screening shall not be required if all of the facilities are completely enclosed within a building or surrounded by a brick wall at least six feet in height.
[Amended 3-9-2020 by Ord.
No. 664]
A.
In the Residential, Institutional and Business Districts:
(1)
No fence or wall shall exceed three feet in height
in any front yard or six feet in height in any side or rear yard.
(2)
A front fence or wall shall be located behind the
sidewalk and outside of the street right-of-way.
(3)
Fences located in front yards shall be constructed
of a decorative material (not chain link).
(4)
The finished or decorative side of all fences shall
face the adjoining property. The support posts, etc., shall be installed
on the owner's side of the fence.
B.
In Industrial Districts, fences or walls may be erected
to a height not exceeding eight feet along the side and rear lot lines,
with the following exceptions:
(1)
Where such lots abut upon property zoned residential,
the fences or walls may not exceed six feet in height along lot lines
where so abutting without a special exception being granted by the
Zoning Hearing Board, and, in no case, shall such a special exception
permit a fence of greater than eight feet in height.
C.
Fences surrounding tennis courts may be erected to a height not exceeding 10 feet, subject to the further requirements of § 200-39.
D.
Except for fences surrounding a tennis court under Subsection C above, no fence shall be erected to exceed eight feet anywhere on any lot in the Borough.
E.
Electric fences are prohibited within the Borough
limits.
F.
Barbed/razor wire fences are prohibited except when
required for security at a utility/essential services facility.
G.
(Reserved)
H.
No fence or wall shall be located directly on (centered
on) a property line.
I.
No fences or walls shall be located in the clear sight
triangle of any street or public roadway.
J.
No fences or walls shall be located in or across any
Borough easement or right-of-way.
K.
The use of what is commonly known as chicken wire,
orange safety fence, snow fence or the like is prohibited within the
R-1, R-2, R-3 and Business Districts. Orange safety fence may, however,
be used for construction purposes.
L.
A zoning permit is required prior to locating, constructing
or installing any fence or wall within the Borough.
In all zoning districts, walls for landscaping
purposes may be erected in required yard setbacks but shall not be
located closer than two feet from property lines, street and utility
rights-of-way, or in clear sight triangles. Landscaping walls shall
only be constructed of masonry or landscape timbers and shall be maintained
in good condition. A zoning permit shall be required to locate, construct
or place any landscape (retaining) wall within the Borough. Landscape
(retaining) walls shall not exceed three feet in height in any front
yard or six feet in height in any side or rear yard areas.
A noncommercial swimming pool, spa or whirlpool
designed to contain a water depth of 24 inches or more shall not be
located, constructed or maintained on any lot or land area except
in conformity with the following requirements:
A.
Permit. A zoning permit shall be required to locate,
construct or maintain a noncommercial swimming pool, spa or whirlpool.
B.
Location. No pool, spa or whirlpool shall be located in front of the principal building. No above- or in-ground pool shall be located within 10 feet from any street line, within 10 feet of a side or rear lot line or be under any electrical lines or over any on-lot sewage disposal field or system. No portion or any walkway or pool appurtenance structure shall be closer than four feet to any lot line. The locations of spas or whirlpools conform to the requirements for accessory structures in § 200-33.
C.
Fence. Every noncommercial swimming pool, spa or whirlpool
shall be provided with a permanent barrier securely anchored in the
ground and of sufficient strength and support to prevent the permanent
barrier from being pushed over, cut or collapsing from external forces.
The permanent barrier shall comply with the following:
(1)
The top of the barrier shall be at least 48 inches
above finished ground level, measured on the side of the barrier which
faces away from the swimming pool, spa or whirlpool. The maximum vertical
clearance between finished ground level and the bottom of the barrier
shall be four inches, measured on the side of the barrier which faces
away from the swimming pool, spa or whirlpool. When the top of the
pool, spa or whirlpool is above finished ground level, such as an
aboveground pool, the barrier may be at finished ground level, such
as the pool, spa or whirlpool structure, or mounted on top of the
pool, spa or whirlpool structure. Where the barrier is mounted on
top of the pool, spa or whirlpool structure, the maximum vertical
clearance between the top of the pool, spa or whirlpool structure
and the bottom of the barrier shall be four inches.
(2)
Openings in the barrier shall not allow passage of
a four-inch diameter sphere.
(3)
Solid barriers that do not have openings, such as
a masonry or stone wall, shall not contain indentations or protrusions
except for normal construction tolerances and tooled masonry joints.
(4)
Where the barrier is composed of horizontal and vertical
members and the distance between the tops of the horizontal members
is less than 45 inches, the horizontal members shall be located on
the swimming pool, spa or whirlpool side of the fence. Spacing between
vertical members shall not exceed 1 3/4 inches in width. Where
there are decorative cutouts within vertical members, spacing within
the cutouts shall not exceed 1 3/4 inches in width.
(5)
Maximum mesh width for chain link fence shall be a
one-and-one-fourth-inch square unless the fence is provided with slats
fastened at the top or bottom which reduce the openings to not more
than 1 3/4 inches in width.
(6)
Where the barrier is composed of diagonal members,
such as a lattice fence, the maximum opening formed by the diagonal
members shall be not more than 1 3/4 inches.
(7)
Access gates shall comply with the requirements of Subsection C(1) through (6) and shall be equipped to accommodate a locking device. Pedestrian access gates shall open outwards away from the pool, spa or whirlpool and shall be self-closing and have a self-latching device. Gates other than pedestrian access gates shall have a self-latching device. Where the release mechanism of the self-latching device is located less than 54 inches from the bottom of the gate, the release mechanism shall be located on the pool, spa or whirlpool side of the gate at least three inches below the top of the gate and the gate and barrier shall not have an opening greater than 1/2 inch within 18 inches of the release mechanism.
(8)
Where an aboveground pool, spa or whirlpool structure is used as a barrier or where the barrier is mounted on top of the pool, spa or whirlpool structure, and the means of access is a ladder or steps, then the ladder or steps shall be capable of being secured, locked or removed to prevent access or the ladder or steps shall be surrounded by a barrier which meets the requirements of Subsection C(1) through (7). When the ladder or steps are secured, locked or removed, any opening created shall not allow passage of a four-inch diameter sphere.
(9)
Spas and whirlpools may have alternate means other
than fences to prevent unauthorized use.
D.
Water. If the water for such pool, spa or whirlpool
is supplied from a private well, there shall be no cross-connection
with the public water supply system. If the water for such pool, spa
or whirlpool is supplied from the public water supply system, the
inlet shall be above the overflow level of said pool, spa or whirlpool.
E.
Drainage. The drainage of any pool, spa or whirlpool
shall not affect other properties, water or sewerage facilities, or
streets.
F.
Noise. No loudspeaker or amplifying device shall be
permitted which will project sound beyond the boundaries of the property
or lot where such pool, spa or whirlpool is located.
G.
Lighting. No lighting or spotlight shall be permitted
which will shine directly upon or beyond the bounds of the property
or lot where such pool, spa or whirlpool is located.
H.
Annual inspection. The Borough Zoning Officer shall
inspect each pool, spa or whirlpool annually to ensure continued compliance
with this chapter.
A.
Such structures shall comply with all residential
accessory use setbacks as specified in the governing zoning district.
B.
No such impoundment shall contain more than 450 cubic
feet of water.
C.
No such impoundment shall have a length or diameter
exceeding 15 feet or a maximum water depth exceeding two feet.
D.
All such ponds shall be maintained so to not pose
a nuisance by reason of odor or the harboring of insects.
E.
No such pond(s) shall be used for the commercial hatching
of fish or other species.
No tennis court or other residential recreational
accessory structure shall be located within any minimum yard requirement.
Tennis courts are also subject to the following:
A.
No facility shall be permitted unless it is protected
by an open mesh permanent fence 10 feet in height behind each baseline
extending 10 feet beyond the playing area in each direction.
B.
No facility, including fence, shall be permitted to
be located within 10 feet of any property line, nor exceed 10 feet
in height, unless approved by special exception from the Zoning Hearing
Board.
C.
No facility, including fence, shall be located closer
to the front of the lot than the front wall of the principal building.
D.
No lighting shall shine directly beyond a boundary
of the lot where the tennis court is located.
A.
The following types of satellite dish antennas shall
be allowed in all Residential, Institutional and Business Districts
and shall not require a permit for same, but shall observe setback
regulations if applicable.
B.
The location of all satellite dish antennas must comply
with the setback restrictions for the principal use and shall not
be located in front of the principal building, unless applicable provisions
of the Federal Communications Commission would be violated.
C.
All ground-mounted satellite dish antennas located
within the Industrial District that are used to transmit video format
data shall be completely enclosed by an eight-foot-high, nonclimbable
fence that includes signage warning of dangerous radiation levels.
Any gates within the fence shall be locked when unattended. Satellite
dish antennas within the Industrial District shall comply with all
principal use standards.
Such devices are permitted in any district as
an accessory use to a principal residence, provided that they are
not located within the front yard and that they are set back a horizontal
distance from each property line at least equal to their height.
A.
All commercial facilities shall have outdoor waste
storage facilities that shall be routinely emptied.
B.
All facilities shall be screened or landscaped and
shall be fully enclosed to limit animal access and wind-blown waste.
C.
No required parking areas may be occupied by any waste
storage facility.
D.
No facilities shall be located in any front yard.
In the interest of protecting the public health,
safety and welfare, every building or structure hereafter erected,
altered or moved upon any premises and used in whole or in part for
dwelling, commercial or recreational business or industrial purposes
shall be provided with both a safe and sanitary water supply and a
safe and sanitary means of collection and disposal of human excreta
or domestic, commercial and industrial waste. Such facilities shall
conform to the minimum requirements set forth by the PaDEP.
No land or structure in any zoning district
shall be used or occupied in any manner that creates any:
A.
Dangerous, injurious, or noxious condition;
B.
Fire, explosive or other hazards;
C.
Heat, electromagnetic or other radiation;
D.
Noise or vibration;
E.
Smoke, dust, odor or other form of air pollution;
or
F.
Any other condition in such manner or in such amount
as to adversely affect the reasonable use or value of the surrounding
area or adjoining premises or be dangerous to public health or safety.
A.
Noise control.
(1)
No person shall operate or cause to be operated on
private or public property any source of continuous sound (any sound
which is static, fluctuating or intermittent with a recurrence greater
than one time in any fifteen-second interval) in such a manner as
to create a sound level which exceeds the limits set forth for the
receiving land use category in the following table when measured at
or within the property boundary of the receiving land use:
|
Sound Level Limits by Receiving Land Use
and Time
| |||
|---|---|---|---|
|
Receiving Land Use Category
|
Time
|
Sound Level Limit
(dBA)
| |
|
Residential, public space, open space, agricultural
or institutional
|
7:00 a.m. to 10:00 p.m.
|
60
| |
|
10:00 p.m. to 7:00 a.m., plus Sundays and legal
holidays
|
50
| ||
|
Commercial or business
|
7:00 a.m. to 10:00 p.m.
|
65
| |
|
10:00 p.m. to 7:00 a.m., plus Sundays and legal
holidays
|
60
| ||
|
Industrial
|
At all times
|
70
| |
(2)
For any source of sound which emits a pure tone, the maximum sound level limits set forth in Subsection A(1) shall be reduced by five dBA.
(3)
The maximum permissible sound level limits set forth in Subsection A(1) shall not apply to any of the following noise sources:
(a)
The emission of sound for the purpose of alerting
persons to the existence of an emergency.
(b)
Emergency work to provide electricity, water
or other public utilities when public health or safety is involved.
(c)
Domestic power tools, between the hours of 8:00
a.m. and 9:00 p.m. on Mondays through Fridays and between 8:00 a.m.
and 8:00 p.m. on Saturdays and Sundays.
(d)
Explosives and construction operations.
(e)
Agriculture.
(f)
Motor vehicle operations.
(g)
Public celebrations, specifically authorized
by the Borough.
(h)
Surface carriers engaged in commerce by railroad.
(i)
The unamplified human voice.
(4)
For any source of sound which emits an impulsive sound
(a sound of short duration, with an abrupt onset and rapid decay and
an occurrence of not more than one time in any fifteen-second interval)
the excursions of sound pressure level shall not exceed 20 dBA over
the ambient sound pressure level, regardless of the time of day or
night or receiving land use, using the fast meter characteristic of
a Type II meter, meeting the ANSI specifications S1.4-1971.
B.
Vibration control.
(1)
No person shall operate or permit the operation of
any device or conduct or permit any use to be conducted 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).
(2)
For the purposes of Subsection B(1), "vibration perception threshold" means the minimum ground- or structure-borne 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.
C.
Dust, dirt, smoke, vapors, gases and odors control.
No person shall operate or permit the operation of any device or conduct
or permit any use to be conducted which does not conform with the
standards established under the State Air Pollution Control Act of
January 9, 1960, Public Law 2119, as amended, 35 P.S. § 4001
et seq.
D.
Light, glare and heat control. All uses shall minimize
the production of light, heat or glare that is perceptible beyond
any property line of the lot on which the light, heat, or glare is
produced.
E.
Electric, diesel, gas or other power. Every use requiring
power shall be so operated that any service lines, substation, or
other facility shall:
F.
Control of radioactivity, electrical emissions, and
electrical disturbances.
(1)
No person shall operate or permit the operation of
any device or conduct or permit any use to be conducted which does
not comply with the regulations of the PaDEP's Division of Radiology,
the Federal Nuclear Regulatory Commission, and the Federal Interstate
Commerce Commission.
(2)
No person shall conduct or permit any use to be conducted
which causes electrical disturbances (except from domestic household
appliances) to adversely affect any equipment at any time other than
the equipment creating the disturbance.
A.
All uses shall be developed in a manner consistent
with the preservation of the quality of the existing environment and
of any natural amenities present on the site.
B.
All uses shall provide for the preservation and the
minimum destruction of natural drainage areas, minimum grading and
destruction of the ground surface, the preservation of substantial
stands of trees and forested areas, and the preservation of attractive
views and any other natural features existing on the site.
The areas to be regulated by these controls
are shown generally on the topographic map which is on file in the
Borough office; however, these controls shall apply to all areas of
the Borough where the conditions are applicable to all zoning districts.
It is the purpose of these regulations to protect slopes, to limit
the amount of the removal of natural resources, protect the watershed
areas, and to minimize erosion of the soil.
A.
Upon the receipt of an application for a building
permit, the Zoning Officer may require that a registered surveyor
or professional engineer prepare a site plan, which shall show the
degree of slope.
B.
Slope controls. If the proposed building site is located
in those areas of the Borough where the natural slope of the land
exceeds 25% as shown generally on the topographic map, the following
regulations shall apply:
The provisions of this chapter shall not apply
to any existing or proposed building, or extension thereof, used or
to be used by a public utility corporation if, upon petition of the
corporation, the Pennsylvania Public Utility Commission shall, after
a public hearing, decide that the present or proposed situation of
the building in question is reasonably necessary for the convenience
or welfare of the public. It shall be the responsibility of the Pennsylvania
Public Utility Commission to ensure that both the corporation and
the Borough have notice of the hearing and are granted an opportunity
to appear, present witnesses, cross-examine witnesses presented by
other parties and otherwise exercise the rights of a party to the
proceedings.
Individual mobile homes will be considered single-family
detached dwellings if they conform with all requirements for single-family
detached dwellings, and with the following additional criteria:
A.
All mobile homes shall be set upon and securely fastened
to a permanent foundation of block or concrete, with concrete footings
extending at least 36 inches below finished grade that will not heave,
shift, settle or move due to frost action, inadequate drainage, or
other forces acting on the superstructure. In addition to the foregoing,
the mobile home foundation will be provided with devices for anchoring
the mobile home to the foundation to prevent overturning or uplift
of the mobile home. The anchoring device should be in the form of
anchor bolts fastened securely to the base frame of the mobile home
and anchored to the concrete footing with adequate anchor plates or
hooks.
B.
All wheels, and any removable hitch shall be removed
from the mobile home and either removed from the lot or placed within
a building.
C.
The construction of all mobile homes shall conform
to the requirements of Act No. 69 of the General Assembly of the Commonwealth
of Pennsylvania, enacted May 11, 1972, and any other state or federal
laws or regulations and no mobile homes shall be modified or improved
without strict compliance with this Act and all other provisions.
D.
An enclosure of compatible design and materials shall
be erected around the entire base of the mobile home. Such enclosures
shall provide sufficient ventilation to inhibit decay and deterioration
of the structure.
In accordance with the requirements of Section
603(f) of the MPC,[1] as amended by Act 68 of 2000, forestry, including the
harvesting of timber, is permitted as of right in all zoning districts
within the Borough subject to the provisions generally applicable
to all uses in the district in which such land is located. If in the
future the General Assembly amends the MPC to repeal Section 603(f)
or to remove the requirement that forestry be permitted in all zoning
districts in every municipality, this section will be of no further
force or effect.
[1]
Editor's Note: See 53 P.S. § 10603(f).
[1]
Editor’s Note: Former § 200-52, Floodplain regulations, was repealed 5-9-2016 by Ord. No. 629, such repeal to be effective upon the effective date of Ord. No. 628, adopted 3-28-2016. Ordinance No. 629 also provided that all references in Ch. 200 to floodplain management regulations would hereinafter refer to Ord. No. 628. See now Ch. 114, Floodplain management.
A.
A recreational vehicle, boat or utility trailer shall
be stored on a lot in the rear or side yard of the principal building,
in a garage, or in a carport. Such storage shall not be permitted
in the front yard of the principal building or on a parking lot used
by the general public.
[Amended 3-9-2020 by Ord.
No. 664]
B.
For the purpose of this section, "storage" shall be
deemed to be any continuous seventy-two-hour period.
C.
A grace period of 48 hours to prepare the recreational
vehicle, boat or utility trailer for travel or vacation uses is permitted
to allow parking in the driveway area of the front yard of the principal
building only. Parking on the street or in the front yard other than
on the driveway is prohibited.
[Amended 3-9-2020 by Ord.
No. 664]
A.
No historic resource as defined by this chapter shall
be demolished or moved from its original foundations without review
and approval as a conditional use by the Borough Council. As part
of the review by Borough Council, the applicant must address each
of the following specific criteria:
(1)
That is not feasible to continue the current use.
(2)
That other uses permitted within the underlying zoning
district, either as permitted uses, special exception uses, or conditional
uses, have been denied or are not feasible due to constraints on the
building or structure.
(3)
That adaptive use opportunities do not exist due to
constraints related to the building, structure or property.
(4)
That the building, its permitted uses, and adaptive
use potential do not provide a reasonable rate of return, based on
a reasonable initial investment.
(5)
That the applicant has not contributed to the existing
conditions, either through neglect or prior renovation, conversion,
alteration, or similar physical action.
(6)
That the demolition will not adversely affect the
character of the neighborhood or community.
(7)
That any proposed new building(s), structures(s) or
use of the property will not adversely affect the character of the
neighborhood or community.
(8)
That the building is structurally unsound.
B.
No permit for the demolition or moving of an historic
feature from its original foundations shall be issued until the Borough
Council has reviewed the request and approved the request as a conditional
use.
C.
Any historic resource that has been approved for demolition
shall be photo-documented to provide a permanent historical record
of what existed on that property. Photos shall include all exterior
elevations and architectural features as well as a sufficient number
of interior photos to convey the interior layout of the building.
A photo key should also be provided. In addition, the applicant is
encouraged to have the building dismantled and salvaged for reusable
building materials and architectural features.
Portable roadside stands for the sale of farm
products produced on the property where offered for sale are permitted
with the following restrictions:
A.
Size. The area where products are displayed or sold
shall not exceed 800 square feet.
B.
Location. The stand shall be at least 50 feet from
a street intersection and shall be at least 20 feet from the cartway.
C.
Removal in off-season. The stand shall be portable,
shall be maintained in good condition and shall be removed during
seasons when products are not being offered for sale.
[Added 10-31-2011 by Ord. No. 603]
A.
Purpose. The purpose of this section is to encourage alternative
energy systems that have a positive impact on energy production and
conservation while not having an adverse impact on the community,
in order to:
(1)
Promote rather than restrict the use of alternative energy systems
by creating a clear regulatory path for approving alternative energy
systems;
(2)
Create livable communities where development incorporates sustainable
design elements such as resource and energy conservation and the use
of renewable energy; and
(3)
Encourage alternative energy development in locations where
the technology can be environmentally, economically and socially compatible.
B.
Accessory solar energy systems.
(1)
Zoning districts allowed. Accessory solar energy systems are
allowed in all zoning districts as an accessory use to a principal
use of the lot.
(2)
General requirements.
(a)
An accessory solar energy system shall provide power for only
the principal use and customary, accessory uses of the lot on which
located. The system shall be used solely for the generation of power
for use on-site. Excess electric power generated incidentally may
be sold to a power utility provider.
(b)
A single assemblage of solar panels, regardless of the number,
and supporting equipment constitutes an accessory solar energy system.
Conduit and other utility connections are not considered to be part
of the system. More than one system may be installed on a lot.
(c)
An accessory solar energy system shall not display advertising.
The manufacturer's or installer's identification and appropriate warning
or cautionary notices may be displayed, provided they comply with
current sign regulations.
(3)
Required development standards.
(a)
Accessory solar energy systems shall only be roof-mounted and
located on either a principal or accessory building. Such systems
shall not be allowed on a structure constructed or adapted for the
purpose of accommodating an accessory solar energy system.
(b)
Roof-mounted solar panels and shingles shall not exceed the
highest peak of a pitched roof building. The tops of panels shall
not exceed the height of the parapet or four feet, whichever is less,
on a flat-roofed building.
(c)
The accessory solar energy system shall be set back a minimum
of three feet from the bottom edge of the building roof.
(d)
All utility connections to the accessory solar energy system
shall be trenched and undergrounded to the point of intersection with
the support building, unless the applicant demonstrates to the satisfaction
of the Zoning Officer that it is not feasible to trench and underground
a utility connection.
(e)
Glare from accessory solar energy systems should be minimized
through the use of nonreflective, such as anodized, finishes.
(4)
Construction and permits.
(a)
Accessory solar energy systems require the approval and issuance
of a building permit by the Zoning Officer prior to the start of construction.
(b)
The design and installation of accessory solar energy systems
shall conform to applicable industry standards and the UCC. At the
time of application for a building permit, the applicant shall submit
manufacturer certificates of design compliance obtained by the accessory
solar energy system manufacturer from a reputable certifying organization.
(c)
The applicant for an accessory solar energy system that is to
be connected to the power utility grid shall provide written authorization
from the power utility provider. Interconnection and net metering
shall be in accordance with the policies of the power utility provider.
(5)
Decommissioning. If the solar energy system remains nonfunctional
or inoperative for a continuous period of one year, the system shall
be deemed to be abandoned and shall constitute a public nuisance.
The owner shall remove the abandoned system at his or her expense
after a demolition permit has been obtained. Removal includes the
entire structure, including transmission equipment.
B.1.
Ground-mounted solar facilities.
[Added 9-26-2022 by Ord.
No. 677]
(1)
Zoning districts allowed. Ground-mounted solar facilities are
allowed in the Institutional District only, and in that district by
special exception.
(2)
General requirements.
(a)
Ground-mounted solar facilities may be used as an accessory
use to provide power to the use on which the lot is located, in which
case excess electric power generated incidentally may be sold to a
power utility provider; or they may constitute the primary use of
the lot.
(b)
A single assemblage of solar panels regardless of the number
of panels shall constitute a ground-mounted solar facility. Conduit
and other utility connections are not considered to be part of the
system. More than one system may be installed on a lot, subject to
relevant dimensional requirements.
(3)
Required development standards.
(a)
The minimum required lot size is two acres.
(b)
No systems may be installed on lots within the Floodplain Overlay.
(c)
A maximum lot coverage of 75% is allowed.
(d)
No ground-mounted solar facility shall be installed in the front
yard.
(e)
Ground-mounted solar facilities shall comply with the setback
requirements for structures in the district.
(f)
The surface area upon which the solar panels are installed shall
be considered impervious unless the applicant demonstrates by credible
evidence that stormwater will infiltrate into the ground beneath the
panels at a rate sufficient so that the ground-mounted array functions
as a pervious surface.
(g)
The maximum allowable height for panels is eight feet.
(i)
All wiring and conduit connecting the system to a building or
other point shall be placed underground.
(j)
No system shall be located in a manner that would obstruct the
speedy exit of persons from nearby building exits.
(k)
Systems adjacent to either adjoining residentially zoned districts or adjacent lots in residential use shall be screened along any common boundaries with a landscape buffer in accordance with § 170-36.
(l)
Systems shall not produce unnecessary or unreasonable glare
on adjacent properties or roadways.
(m)
Systems shall not be constructed in a way to obstruct private
drives or streets.
(n)
Any component that has not been in active and continuous service
for a year shall be removed within 30 days following the end of the
one-year period and the site shall be promptly cleaned and restored
with grass or other ground cover until another use is established.
(o)
If the owner fails to timely remove the solar facility the Borough
shall be entitled to provide written notice to remove by first class
mail. Notice shall be provided by both certified and regular mail
and the failure of the regular mail to be returned to the Borough
shall be deemed evidence of actual receipt.
(p)
If the owner fails to comply with the written notice from the
Borough within 30 days of the notice being sent, the Borough may act
to remove the facility and restore the lot at its own expense, which
expense, including reasonable attorneys fees and court costs, shall
constitute a lien upon said lot.
C.
Accessory wind energy systems.
(1)
Zoning districts allowed. Accessory wind energy systems are
allowed in all zoning districts as an accessory use to a principal
use of the lot.
(2)
General requirements.
(a)
Allowable accessory wind energy systems shall only be the vertical-axis
type of wind turbine.
(b)
An accessory wind energy system shall provide power for only
the principal use and customary, accessory uses of the lot on which
located. The system shall be used solely for the generation of power
for use on-site. Excess electric power generated incidentally may
be sold to a power utility provider.
(c)
No more than one accessory wind energy system is allowed per
lot. A single assemblage of a rotor, gearbox and generator constitutes
an accessory wind energy system. Conduit and other utility connections
are not considered to be part of the system.
(d)
An accessory wind energy system shall not exceed 55 decibels
under normal operating conditions, as measured at the property line.
Sound levels, however, may be exceeded during short-term events out
of anyone's control, such as utility outages or severe wind storms.
(e)
An accessory wind energy system shall not display advertising.
The manufacturer's or installer's identification and appropriate warning
or cautionary notices may be displayed, provided they comply with
current sign regulations.
(3)
Development standards.
(a)
Accessory wind energy systems shall only be ground-mounted.
(b)
The maximum height of an accessory wind energy system shall
not exceed the maximum allowable height of the zoning district for
a principal use.
(c)
Accessory wind energy systems shall be set back from property
lines, buildings and off-site overhead utility lines in accordance
with the setback requirements of the zoning district for accessory
structures or at a ratio of 1.3:1 to the maximum height of the accessory
wind energy system (i.e., a distance of 1.3 feet for every foot of
height of the system), whichever is greater.
(4)
Construction and permits.
(a)
Accessory wind energy systems require the approval and issuance
of a building permit by the Zoning Officer prior to the start of construction.
(b)
The design and installation of accessory wind energy systems
shall conform to applicable industry standards and the UCC. At the
time of application for a building permit, the applicant shall submit
manufacturer certificates of design compliance obtained by the accessory
wind energy system manufacturer from a reputable certifying organization.
The submittal shall include the manufacturer's specifications for
sound levels under normal operating conditions.
(c)
The applicant for an accessory wind energy system that is to
be connected to the power utility grid shall provide written authorization
from the power utility provider. Interconnection and net metering
shall be in accordance with the policies of the power utility provider.
(5)
Decommissioning. If the wind energy system remains nonfunctional
or inoperative for a continuous period of one year, the system shall
be deemed to be abandoned and shall constitute a public nuisance.
The owner shall remove the abandoned system at their expense after
a demolition permit has been obtained. Removal includes the entire
structure including transmission equipment.
D.
Geothermal energy systems.
(1)
Zoning districts allowed. Closed-loop geothermal energy systems
are allowed in all zoning districts as an accessory use to a principal
use of the site. Open-loop geothermal energy systems are prohibited
within the Borough.
(3)
Development standards.
(a)
A horizontal closed-loop system shall be installed a maximum
of 20 feet below the average finished grade of the area in which located.
(b)
All vertical closed-loop geothermal energy systems shall have
proper grout sealing with the following properties:
[1]
High thermal conductivity to allow heat transfer;
[2]
Low viscosity to allow the grout to wrap around
the pipe;
[3]
Low shrinkage volume to ensure that the grout will
not pull away from the pipe; and
[4]
Low permeability to prevent the migration of antifreeze
solution in the event of a line breakage.
(c)
Geothermal energy systems shall be located a minimum of 25 feet
from all property lines, except as otherwise specified.
(d)
Geothermal energy systems shall be located a minimum of 100
feet from existing potable water wells and a minimum of 25 feet from
any existing septic system.
(e)
Aboveground equipment associated with geothermal pumps shall
not be installed in the front yard of any lot or the side yard of
a corner lot adjacent to a public right-of-way and shall meet all
minimum accessory structure setbacks required for the zoning district.
(f)
All horizontal closed-loop geothermal energy systems shall be
properly backfilled, including the removal of sharp-edged rocks before
backfilling in order to prevent such rocks from coming into contact
with the system pipe.
(4)
Required permit. The design and installation of geothermal energy
systems shall conform to applicable industry standards and the UCC.
At the time of application for a permit, the applicant shall submit
manufacturer certificates of design and circulating fluid compliance
obtained by the geothermal energy system manufacturer from a reputable
certifying organization.
(5)
Decommissioning. If a geothermal energy system remains nonfunctional
or inoperative for a continuous period of one year, the system shall
be deemed to be abandoned and shall constitute a public nuisance.
The owner shall remove the abandoned system at his or her expense
after a demolition permit has been obtained in accordance with the
following:
(a)
The heat pump and any external mechanical equipment shall be
removed; and
(b)
Pipes or coils below the land surface shall be filled with grout
to displace the heat transfer fluid. The heat transfer fluid shall
be captured and disposed of in accordance with applicable regulations.
The top of the pipe, coil or boring shall be uncovered and grouted.
E.
Outdoor hydronic heating systems.
(1)
Zoning districts allowed. Outdoor hydronic heating systems are
allowed in the R-1 (Low-Density Residential) and R-2 (Medium-Density
Residential) Districts.
(2)
The regulations of this section do not apply to:
(a)
Grilling or cooking using charcoal, wood, propane or natural
gas in cooking or grilling appliances.
(b)
Burning in a stove, furnace, fireplace or other heating device
within a building used for human or animal habitation.
(c)
The use of propane, acetylene, natural gas, gasoline or kerosene
in a device intended for heating, construction or maintenance activities.
(d)
Outdoor burning as may otherwise be allowed by Borough ordinance.
(3)
PHASE 2 OUTDOOR WOOD-FIRED HYDRONIC HEATER
STACK
Definitions. As used in this section, the following terms shall
have the meanings indicated:
An outdoor wood-fired hydronic heater that has been certified
or qualified by the EPA as meeting a particulate matter emission limit
of 0.32 pounds per million British Thermal Units output, is labeled
accordingly, and is identified with a white hangtag.
Any vertical structure enclosing a flue or flues that carry
off smoke or exhaust from a hydronic heater, especially that part
of a structure extending above a roof.
(4)
General requirements.
(a)
Only new Phase 2 outdoor wood-fired hydronic heater systems
shall be permitted.
(b)
Outdoor hydronic heating systems shall not be operated between
May 1 and September 30.
(c)
An outdoor hydronic heater system permitted on or after November
1, 2011, shall have a permanent attached stack with a minimum stack
height of 10 feet above the ground that also extends at least two
feet above the highest peak of any residence located less than 150
feet from the hydronic heater.
(d)
The use of an outdoor hydronic heater system installed prior to November 1, 2011, shall be discontinued immediately unless it has a permanent attached stack with a minimum stack height of 10 feet above the ground that also extends at least two feet above the highest peak of any residence located less than 500 feet from the outdoor hydronic heater. The use of an existing outdoor hydronic heater system may be continued provided that it is a Phase 2 outdoor wood-fired hydronic heater that conforms to the stack requirements of § 200-55.1E(4)(c).
(e)
Allowable fuels. New or existing outdoor hydronic heater systems
shall only use the following fuel types:
(f)
Prohibited fuels. The following items are prohibited as fuel types
for outdoor hydronic heater systems:
[1]
Treated or painted wood.
[2]
Furniture.
[3]
Garbage.
[4]
Tires.
[5]
Lawn clippings or other yard waste.
[6]
Material containing plastic or rubber.
[7]
Waste petroleum products, including paints, paint
thinners or asphalt products.
[8]
Chemicals.
[9]
Any hazardous waste.
[10]
Coal.
[11]
Glossy colored paper.
[12]
Construction and demolition debris, including
plywood or particleboard.
[13]
Saltwater driftwood.
[14]
Manure or animal carcasses.
[15]
Any other material that may result in harmful
or noxious emissions or residue.
(6)
Required permits.
(a)
Outdoor hydronic heating systems require the approval and issuance
of a zoning permit by the Zoning Officer prior to the start of construction.
(b)
New and existing outdoor hydronic heater systems shall comply
with all applicable federal, state and local clean-air regulations.
(c)
The design and installation of outdoor hydronic heating systems
shall conform to applicable industry standards and municipal construction
and electrical codes. At the time of application for a building permit,
the applicant shall submit manufacturer certificates of design compliance
obtained by the outdoor hydronic heating system manufacturer from
a reputable certifying organization. The submittal shall include the
manufacturer's specifications for allowable fuels and maximum levels
of emissions.
