The requirements of this article supplement the requirements
governing each zoning district and shall apply to all uses within
all zoning districts.
The following performance standards shall apply to all authorized
uses in all nonresidential zoning districts. All conditional uses
and uses by special exception in all districts shall comply with the
requirements of this section. In order to determine whether a proposed
use will conform to the requirements of this chapter, the Borough
Council or Zoning Hearing Board may require a qualified consultant
to testify, whose cost for services shall be borne by the applicant.
A. Fire protection. Fire prevention and firefighting equipment acceptable
to the Board of Fire Underwriters shall be readily available when
any activity involving the handling or storage of flammable or explosive
materials is carried on.
B. Electrical disturbance. No activity shall cause electrical disturbance
adversely affecting radio or other equipment in the vicinity.
C. Noise.
(1)
No operation or activity shall cause or create noise in excess
of the sound levels prescribed below:
(a)
Residential districts. At no point beyond the boundary of any
lot within these districts shall the exterior noise level resulting
from any use or activity located on such lot exceed a maximum of 60
dBA for more than four hours during a twenty-four-hour equivalent
period.
(b)
Commercial districts. At no point on or beyond the boundary
of any lot within these districts shall the exterior noise level resulting
from any use or activity located on such lot exceed a maximum of 65
dBA for more than eight hours during a twenty-four-hour equivalent
period.
(c)
Industrial districts. At no point on or beyond the boundary
of any lot within these districts shall the exterior noise level resulting
from any use or activity located on such lot exceed a maximum of 75
dBA for more than eight hours during a twenty-four-hour equivalent
period.
(2)
Where two or more zoning districts in which different noise
levels are prescribed share a common boundary, the most restrictive
noise level standards shall govern.
(3)
The following uses or activities shall be exempted from the
noise regulations:
(a)
Noises emanating from construction or maintenance activities
between 7:00 a.m. and 7:00 p.m.;
(b)
Noises caused by safety signals, warning devices and other emergency-related
activities or uses;
(c)
Noises emanating from public or private recreational uses between
7:00 a.m. and 11:00 p.m.
(4)
In addition to the above regulations, all uses and activities
within the Borough shall conform to all applicable county, state and
federal regulations. Whenever the regulations contained herein are
at variance with any other lawfully adopted rules or requirements,
the more restrictive shall govern.
D. Vibrations. Vibrations detectable without instruments on neighboring
property in any zoning district shall be prohibited.
E. Odors. No use shall emit odorous gas or other odorous matter in such
quantities as to be offensive at any point on or beyond the lot lines.
The guide for determining such quantities shall be the 50% response
level of Table I (Odor Thresholds in Air), "Research on Chemical Odors:
Part I - Odor Thresholds for 53 Commercial Chemicals," October 1968,
Manufacturing Chemists Association, Inc., Washington, D.C.
F. Smoke, ash, dust, fumes, vapors and gases. There shall be no emission
at any point for longer than five minutes in any hour of visible gray
or other color smoke, ash, dust, fumes, vapors or gases with a shade
darker than No. 3 on the Standard Ringlemann Chart issued by the U.S.
Bureau of Mines; nor shall there be any emission at any point from
any source which can cause damage to health, to animals or vegetation
or other forms of property or which can cause excessive soiling at
any point.
G. Lighting and glare. All lighting devices shall be designed with shields,
reflectors or refractor panels which direct and cut off light at a
cut-off angle that is less than 60°. (See illustration in Appendix
B.)
(1)
No use shall produce a strong, dazzling light or a reflection
of a strong, dazzling light beyond its lot lines. In general, lighting
fixtures that shield the reflector or lens or any high brightness
surface from viewing angles above 60° from horizontal shall be
utilized.
(2)
All outside lighting, including sign lighting, shall be directed
in such a way as not to create a nuisance to any adjacent use and
roadway. All luminaires and fixtures shall be equipped with a glare-shielding
device, cutoff downward cast in the case of freestanding area lighting,
approved by the Borough Engineer. The height of all luminaires must
also be approved by the Borough Engineer. Intensity of outdoor lighting
shall be limited within usable areas of a site (i.e., parking, walkways,
etc.) to an average intensity at the ground of one footcandles with
a maximum intensity at any given point on the ground of five footcandles,
unless otherwise approved by the Borough Council.
(3)
The height of a luminaire shall be limited as follows:
(a)
In any residential district, the maximum height permitted shall
be 20 feet.
(b)
In any other district, the maximum height shall be 25 feet,
except where otherwise specified.
(c)
Ball diamonds, playing fields and tennis courts having a unique requirement for nighttime visibility may be exempted from Subsection
G(3)(a) and
(b) if, in the judgment of the Borough Council, their limited hours of operation and the location of the luminaires will adequately protect neighboring residential uses.
(d)
The Borough Council may further limit the height of luminaires
when it is determined that proposed lighting may have a detrimental
impact upon nearby properties.
H. Erosion. No erosion by wind or water shall be permitted which will
carry objectionable substances onto neighboring properties.
I. Water pollution. Water pollution shall be subject to the standards
established by the Pennsylvania Department of Environmental Protection
(PA DEP).
J. Determination of compliance with performance standards. During the
review of an application for zoning approval, the applicant may be
required to submit data and evidence documenting that the proposed
activity, facility or use will comply with the provisions of this
section. In reviewing such documentation, the Borough may seek the
assistance of any public agency having jurisdiction or interest in
the particular issues and the Borough may seek advice from a qualified
technical expert. All costs of the expert's review and report
shall be paid by the applicant. A negative report by the technical
expert and the applicant's refusal or inability to make alterations
to ensure compliance with this section shall be a basis for denying
approval of the application.
K. Continuing enforcement.
(1)
The Zoning Officer shall investigate any purported violation
of the performance standards and, subject to the approval of the Borough
Council, may employ qualified technical experts to assist in the determination
of a violation. Costs of the services of such experts shall be paid
by the owner or operator of the facility or use accused of the violation
if the facility or use is found to be in violation. If the facility
or use is found to be in compliance with the performance standards,
said costs shall be borne by the Borough.
(2)
If the facility or use is found to be in violation, the owner
or operator shall be given written notice of violation in accordance
this chapter and a reasonable length of time to correct the violation.
Failure to correct the violation shall be subject to the penalty provisions
of this chapter and shall result in the revocation of the occupancy
permit for the facility or use.
No object, including, without limitation, fences, hedges, trees
and other plantings, buildings, structures, walls, signs and motor
vehicles, exceeding a height of three feet as measured from the lowest
elevation of the center line of any abutting street shall be temporarily
or permanently placed, erected, installed or parked within the clear
sight triangle required at the intersection of two streets or the
intersection of a nonresidential driveway with a public street. The
required clear sight triangle is illustrated in Appendix A.
These regulations represent the minimum requirements and standards
for preparation of a traffic impact study for any development, subdivision,
expansion or change of use within the Borough. Also specified are
the traffic level of service standards and minimum requirements that
must be satisfied for future development impacts.
A. Requirements. Any development, subdivision or expansion or change
in use which will generate at least 200 vehicle trips per day shall
be required to have a traffic impact study completed as part of the
development. The estimated number of trips shall be determined by
an analysis of similar uses through data collected by the Institute
of Transportation Engineers (ITE) or through studies of similar uses
acceptable to the Borough. When a traffic study is prepared for a
subdivision that does not propose development of the lots, the traffic
study must be updated at the time of land development to address the
specific size of the development. The Borough may require a traffic
study for developments or changes in use generating less than 200
vehicle trips per day in cases where known traffic deficiencies exist
in the area of the proposed development or change in use. The Borough
may waive the study requirements for an individual subdivision or
development or change in use where said development or change in use
was incorporated as part of a previous traffic impact study or studies
by the Borough or other government agencies.
B. Impact study contents and scope. Prior to collection of any data
and preparation of any analyses for the traffic impact study, a meeting
shall be convened with the Borough, the developer, the developer's
transportation consultant/specialist and PennDOT, where applicable,
to identify the specific project area and discuss the study's
scope of work, including all assumptions to be used in the study (i.e.,
build-out year, phases of development, background traffic growth rate,
etc.). At a minimum, the study shall include the following:
(1)
A description of the proposed development in terms of land use
type and size.
(2)
An inventory an analysis of existing transportation and traffic
conditions within the identified study area, including:
(a)
Roadway network and traffic control;
(b)
Existing traffic volumes during peak hours and trips per day;
(c)
Planned transportation improvements by other parties;
(d)
Intersection levels of services;
(e)
Roadway levels of service;
(f)
Other measures of roadway adequacy (i.e., lane widths, traffic
signal/traffic control warrants, vehicle delay studies, length queues,
etc.); and
(g)
Pedestrian/bicycle and public transit facilities.
(3)
An assessment of projected site-generated traffic volumes throughout
the study area in terms of:
(a)
Peak hours and trips per day;
(b)
Approach/departure distribution, including method of determination;
and
(c)
Site traffic volumes on the interchange access road.
(4)
An analysis of future traffic conditions in the study area,
with and without the proposed development, including:
(a)
Future design year(s), including phases of development;
(b)
Intersection levels of service;
(c)
Roadway levels of service;
(d)
A pavement analysis of roadways projected to experience significant
increases in peak hour and/or average daily traffic volumes; and
(e)
Other measures of roadway adequacy (i.e., lane widths, traffic
signal/traffic control warrants, vehicle delay studies, length queues,
etc.).
(5)
A description of projected levels of service and their compliance
with standards for traffic capacity of roadways and intersections
as outlined below.
(6)
A description of the proposed site plan, including an assessment
of the:
(a)
On-site circulation plan showing parking locations and dimensions,
access to loading areas and proposed interior circulation routes and
traffic control; and
(b)
Driveway access plans showing the location of all existing driveways
and new access intersections, including geometric conditions and proposed
methods of traffic control.
(7)
A qualitative analysis of transportation demand management measures
to be implemented for the purpose of facilitating alternative modes
of travel. Analysis shall address public transit, pedestrian and bicycle
traffic and other modes of transportation to be provided in the developments.
C. Standards of traffic capacity and level of services. Roadways and
intersections shall be designed for traffic capacity as specified
below, unless approved otherwise by the Borough. All references to
level of service shall be defined by the most recent edition of the
Highway Capacity Manual, Special Report 209, published by the Transportation
Research Board.
(1)
Level of service shall be determined for a future design year(s)
coinciding with completion of the development and all applicable PennDOT
requirements.
(2)
New unsignalized intersections or driveways shall be designed
for level of service "C" or better for each traffic movement.
(3)
New signalized intersections shall be designed for level of
service "C" or better.
(4)
Existing intersections impacted by development traffic shall
maintain a minimum level of service "C."
(5)
Roadway sections shall be designed for a minimum level of service
"C."
(6)
Sight distance at driveways and new intersections shall meet
standards specified by PennDOT regulations.