Borough of Royersford, PA
Montgomery County
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Table of Contents
Table of Contents
[Ord. 624, 9/13/1983, § 400]
For the purposes of this chapter, the following regulations shall apply in each district.
[Ord. 624, 9/13/1983, § 401]
A lot or group of lots of public record held in single and separate ownership at the time of enactment of this chapter shall be used in accordance with the requirements of the district in which it is located except when:
1. 
Less than five years have elapsed from the date of preliminary approval of the subdivision plan; or
2. 
The Zoning Hearing Board grants a special exception after finding that the necessary additional ground is not available because of the settled condition of the neighborhood or because of inability of the owner to acquire additional ground upon fair terms.
[Ord. 624, 9/13/1983, § 402]
No lot shall be so reduced that the area of the lot or the dimensions of the required open space shall be less than therein prescribed.
[Ord. 624, 9/13/1983, § 403; as amended by Ord. 728, 7/28/1992, § 7]
Where an unimproved lot of record is situated on the same street frontage between two improved lots or one unimproved and one improved lot, the front yard requirements for that district shall be modified so that the front yard setback is an average of the existing front yards of the abutting improved lots with the same street frontage.
[Ord. 624, 9/13/1983, § 404]
On any corner lot, no physical improvement of planting area shall be erected, altered or maintained within the required yards which shall cause obstruction to driver vision from the abutting intersection.
[Ord. 624, 9/13/1983, § 405; as amended by Ord. 728, 7/28/1992, § 8]
No dwelling shall hereafter be erected nor lot created unless there is direct independent access to it through a right-of-way which shall be at least 25 feet wide, which shall extend from the dwelling to a public street or highway, and shall be a fee-simple part of the lot. If access is only gained by the access strip, the area of the strip shall not be included when computing the minimum lot size.
[Ord. 624, 9/13/1983, § 406]
An existing lot for which access to a public road is less than specified in § 406 may be built upon only when authorized as a special exception by the Zoning Hearing Board. In computing the area of such lots, the area of the strip of ground connecting the lot with the public road shall not be considered. All buildings and other structures to be located on such lots shall not be closer than 15 feet to surrounding lot lines, and the strip of ground connecting the lot with the public road shall be used as an access strip to only the particular lot in question. The Zoning Hearing Board shall consider the suitability of the strip of ground which connects the lot with the public road for use as an access driveway and may impose such other conditions as may be required.
[Ord. 624, 9/13/1983, § 407; as amended by Ord. 665, 7/8/1986, § 1; by Ord. 716, 11/13/1990, §§ 1, 2; and by Ord. 728, 7/28/1992, § 9]
Accessory uses authorized in this chapter shall include any of the following or similar uses:
1. 
Uses Accessory to Dwellings:
A. 
A garage, children's playhouse, private parking space, shelter for pets or sheds.
[Amended by Ord. 831, 3/30/2010, § 2]
B. 
Swimming pool for use of family and guests only.
C. 
Noncommercial greenhouse.
D. 
Living quarters for household employees, caretakers or watchmen. When such living quarters meet the definition of a dwelling or dwelling unit, they must meet the requirements of §§ 418(2), 418(3), 418(5) and 418(6) of this Part.
E. 
The renting of rooms within the dwelling in which the lessor resides to not more than two nontransient persons, with or without the provision of table board for such persons, provided such rented rooms do not meet the definition of a dwelling.
F. 
Garage sales, yards sales, or any other type of private sale held more than six times per year by one household shall be deemed a commercial activity and therefore shall not be allowed in any residential district. A garage sale, yard sale, or other type of private sale advertised and conducted for either two or three consecutive days shall be considered as one sale.
2. 
Uses Accessory to Public Park or Playground: customary recreation, refreshment, and service uses and buildings in any public park, reservation, playground, or other recreational area.
[Ord. 624, 9/13/1983, § 408]
An accessory building as permitted in § 408(1)(A), (B), or (C), may be erected no closer than five feet to a side or rear property-line except in the case of an accessory building built on a property-line as a party wall, provided the applicant files the written consent of the adjoining property-owner with the Zoning Officer. Any other accessory building must meet the applicable minimum setback requirements. Any combination of accessory uses must meet the greater setback requirements. In no instance shall an accessory building be located closer to the street line than the building line.
[Ord. 624, 9/13/1983, §§ 409-409.5; as amended by Ord. 699, 1/31/1989, § 1]
No structure and no part of a structure shall be erected within or shall project into any minimum required yard in any district, except that:
1. 
An unenclosed porch, not more than 14 feet in height, may be erected to extend into a required front or rear yard a distance of not more than 10 feet, provided that in no case shall it extend into such front or rear yard more than 1/2 the existing depth of the yard.
2. 
A terrace or platform not covered by a roof, canopy or trellis, which does not extend above the level of the first floor of the building, may be erected to extend into a required yard a distance of not more than 12 feet, provided that it shall not extend into such yard more 40% of the existing depth or width of the yard.
3. 
A carport may be erected over a driveway in a required side yard, provided that such structure is:
A. 
Not more than 14 feet in height and 25 feet in length.
B. 
Entirely open on at least two sides, exclusive of the necessary supporting columns and the customary architectural features.
C. 
Does not extend closer to the side lot line than a distance of five feet.
4. 
A buttress, chimney, cornice, pier, or pilaster of a building may project not more than 18 inches into a required yard.
5. 
Open, unenclosed fire escapes, steps, bay windows and balconies may project not more than three feet into a required yard.
[Ord. 624, 9/13/1983, § 410; as amended by Ord. 667, 8/12/1986, § 1; by Ord. 728, 7/28/1992, § 10; and by Ord. 741, 2/28/1995, § 1]
No fence or wall (except a retaining wall or a wall of a building permitted under the terms of this chapter) over six feet in height shall be erected within any of the open spaces required by this chapter. Any fence or wall over four feet in height shall contain openings equal to 25% of the area of the fence or wall; provided, however that a solid fence, not to exceed six feet in height, may be erected between residential and nonresidential uses; provided, however, that a solid fence, not to exceed eight feet in height measured from ground level, or in the case of decks, from floor level, to the top of the fence, including ornamentation, may be erected from the rear wall of attached residential buildings as a continuation of the party wall for a distance of 20 feet or half the distance of the existing depth of the rear yard, whichever is less, if the post or vertical supports of the fence are placed on the owner's side of the fence.
[Ord. 887, 2/28/2017[1]]
1. 
The terms "manufactured home" and "mobile home" shall have the same meaning. The term "manufactured home park" shall have the same meaning as "mobile home park."
2. 
A manufactured home is a type of single-family detached dwelling. A manufactured home that is newly installed shall meet the following additional requirements:
A. 
Any manufactured home shall be constructed in accordance with 1976 or later Safety and Construction Standards of the United States Department of Housing and Urban Development.
B. 
Each site shall be graded to provide a stable and well-drained area, and shall have the hitch and tires removed.
C. 
Each manufactured home shall include a system that properly anchors the home to the ground to prevent shifting, overturning or uneven settling of the home. The requirements of the Construction Codes shall apply, in addition to the manufacturer's specifications for installation and state requirements for use of a licensed installer.
3. 
A manufactured home park shall only be allowed as a special exception use in the GI General Industrial District, and shall require a one acre minimum lot size, which shall remain under single ownership. Each dwelling unit may be individually owned. A manufactured home park shall meet the following additional requirements:
A. 
The project shall need approval under the Subdivision and Land Development Ordinance.[2]
[2]
Editor's Note: See Ch. 22, Subdivision and Land Development.
B. 
The maximum average density of the manufactured home park shall be four dwelling units per acre, which shall be calculated after deleting all land within the one-hundred-year floodplain, all wetlands and all slopes over 15%.
C. 
Each manufactured home park shall include a thirty-foot-wide landscaped area, including substantial attractive evergreen and deciduous trees around the perimeter of the site, except where such landscaping would obstruct safe sight distances for traffic. A planting plan for such area shall be approved by Borough Council. The same area of land may count towards both the landscaped area and the building setback requirements.
D. 
A dwelling, including any attached accessory building, shall be set back a minimum of 25 feet from another dwelling within the manufactured home park, except that unenclosed porches, awnings and decks may be 15 feet from the walls of another dwelling.
E. 
The minimum separation between homes and the edge of a private street cartway or parking court cartway shall be 25 feet.
F. 
The minimum principal and accessory building setbacks from exterior/boundary lot lines and rights-of-way of public streets shall be 40 feet.
G. 
Each home shall comply with the requirements for manufactured homes stated in the preceding Subsection 2.
H. 
A detached accessory structure or garage shall be separated a minimum of 15 feet from any dwelling units to which the accessory structure is not accessory.
[1]
Editor's Note: This ordinance also repealed former § 412, Mobile Homes and Mobile Home Parks (Ord. No. 624, 9/13/1983, § 411, as amended).
[Ord. 624, 9/13/1983, § 412]
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 such 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; nor shall this chapter apply to any building of the Borough or extension thereof or to the use of any premises by the Borough if the Borough Council shall, after a public hearing, decide that such building or extension thereof, or such use of any premises, is reasonably necessary for the education, convenience, recreation, or welfare of the public.
[Ord. 624, 9/13/1983, § 413]
No lot or premises may be used for a trailer camp, and no lot or premises shall maintain an inhabited trailer for a period to exceed 30 days.
[Ord. 624, 9/13/1983, § 414]
No section of this chapter shall be construed to prohibit condominium ownership as permitted by the Pennsylvania Uniform Condominium Act, P.L. 1980-82, and any amendments thereto.
[Ord. 624, 9/13/1983, § 415]
The following standards shall be followed throughout the Borough:
1. 
No building may be erected, altered or used, and no lot or premises may be used, for any trade, industry or business that is noxious or offensive by reason of odor, dust, smoke, gas, vibration, illumination or noise.
2. 
No lot or premises shall be used for the storage, deposit or disposal or rubbish, junk or any noxious, offensive or otherwise objectionable material.
[Ord. 624, 9/13/1983, § 416]
Exceptions to the maximum height specified in each district shall be governed by the following:
1. 
In all districts: chimneys, spires, towers, skylights, tanks, radio or television aerials, solar collectors, or similar uses or structures shall not be included in calculating the height where such structures are customary vertical projections of a permitted building.
2. 
In any residential district: the prescribed basic height limit may be exceeded by one foot for each foot by which the width of each side yard and the depth of each rear yard are increased beyond the minimum requirements up to a maximum of five feet.
[Ord. 624, 9/13/1983, §§ 417-417.6; as amended by Ord. 728, 7/28/1992, § 12]
The Zoning Hearing Board may allow as a special exception the conversion of a single-family dwelling or other building into a dwelling for one or more families, subject to the following requirements:
1. 
In no case shall building space be converted to result in one or more new dwelling units being located along the street frontage level abutting Main Street, unless the building is in a residential district. In no case shall an existing dwelling unit be divided to result in additional dwelling units. The conversion shall not be approved if it would involve a new external fire escape placed on a front of a building that faces onto a public street.
[Amended by Ord. 883, 8/9/2016]
2. 
Each dwelling unit shall have not less than 600 square feet of floor area, plus an additional 100 square feet of floor area for each additional bedroom in excess of one.
3. 
The lot area per dwelling unit may not be reduced to an amount less than 33% of that required by this chapter for the district in which the designated lot is located.
4. 
The Zoning Hearing Board shall specify the maximum number of families permitted to occupy such buildings and may prescribe such further conditions and restrictions as the Zoning Hearing Board may consider appropriate to preserve the character of the surrounding neighborhood.
5. 
The off-street parking requirements of this chapter shall be met.
6. 
The building shall be served by public sewer facilities or the Sewerage Enforcement Officer, or other designated official, shall be satisfied that the method of sewage disposal shall be adequate for the proposed units.
[Ord. 624, 9/13/1983; as added by Ord. 704, 9/26/1989, § 4]
An application for any conditional use as specified in the various parts of this chapter shall be considered by the Borough Council according to the following procedures. The Council may grant conditional use approval provided the applicant complies with the following standards and criteria for conditional uses and any other reasonable conditions imposed by the Borough Council. The burden of proof shall rest with the applicant.
1. 
Application Requirements.
A. 
The application shall be submitted in writing to the Borough Council with payment of the required fee. Borough Council will forward the application to the Borough Planning Commission for review and recommendation.
B. 
The application shall include the request for approval of a conditional use, sufficient information to document compliance with the standards and criteria of this Part, a tentative sketch plan of the proposed development and any study deemed necessary by the Borough Engineer.
C. 
The Borough Planning Commission shall submit one copy of the application to the Montgomery County Planning Commission for its advisory review and other copies to agencies and/or technical consultants whose review may be relevant.
2. 
Public Hearing.
A. 
The Borough Council shall schedule a public hearing thereon within 60 days from the date of the applicant's request, unless the applicant has agreed in writing to an extension of this time limit.
B. 
Public notice of the public hearing, stating the time place, and a description of the particular nature of the use to be considered, shall be published twice in a newspaper of general circulation in the Borough. The first publication shall not be more than 30 days and the second publication shall not be less than seven days from the date of the hearing.
C. 
The Borough Planning Commission shall submit one copy of the application to the Montgomery County Planning Commission for its advisory review and other copies to agencies and/or technical consultants whose review may be relevant.
3. 
Standards and Criteria. In deciding all application for conditional uses, the Borough Council shall be guided by the following standards and criteria:
A. 
The proposed use shall be one permitted by conditional use and one that will conform to the applicable regulations of the district in which it is located.
B. 
The proposed use shall be suitable for the subject property and shall complement the character of the surrounding neighborhood.
C. 
The proposed use shall not adversely affect or contradict the 1988 Royersford Borough Comprehensive Plan Update.
4. 
The Borough Council shall render a written decision on the application within 45 days after the last hearing in which the Council considered the application.
5. 
Where the Borough Council fails to render a decision within the period required by this subsection, or fails to hold the required hearing within 60 days from the date of the applicant's request for a hearing, the decision shall be deemed to have been rendered in favor of the applicant unless the applicant has agreed in writing or on the record to an extension of time.
6. 
Approval of any conditional use shall expire one year after the date of approval by the Borough Council or the signing of the development plan, whichever is later, if the applicant fails to obtain a building permit or use and occupancy permit.
[Ord. 624, 9/13/1983; as added by Ord. 728, 7/28/1992, § 13; and as amended by Ord. 781, 9/9/2003, § 2]
A home occupation is a no-impact home-based business. In addition to the conditions as set forth in the definition of no-impact home-based business in § 202 hereof, the following conditions shall also apply:
A. 
Materials or products shall not be stored outside the principal or accessory building.
B. 
There shall be no external alternations which are not customary in residential buildings.
C. 
Off street parking shall be provided in sufficient capacity to prevent interference with normal residential parking in the neighborhood:
(1) 
If a residential driveway is used or expanded for such parking, a minimum of two parking spaces must be provided in addition to the number of spaces normally used by the residents of the dwelling unit.
(2) 
No parking spaces for the home occupation use may be located in the front yard unless specifically authorized by the Borough Council.
[Ord. 853, 6/12/2012]
1. 
Short Title. This section shall be known as and may be cited as the "Outdoor Lighting Ordinance."
2. 
The following standards shall apply to the design and operation of outdoor lighting for residential, commercial and institutional areas for loading, ingress and egress, parking, private recreational uses and institutional uses:
A. 
Purpose. To establish minimum standards for outdoor lighting to:
(1) 
Provide for and control lighting in outdoor places where public health, safety and welfare are potential concerns.
(2) 
Protect drivers and pedestrians from the glare of nonvehicular light sources that affect driver vision.
(3) 
Protect neighbors and the night sky from nuisance glare and stray light from improperly aimed, placed, applied, maintained or shielded light sources.
B. 
Applicability.
(1) 
Outdoor lighting shall be provided in accordance with the following standards for multifamily residential, commercial, industrial, educational, private recreational and institutional uses.
(2) 
Additionally, the glare-control requirements herein apply to lighting in all of the above-mentioned uses as well as, but not limited to, signs and architectural, landscaping and residential lighting.
C. 
Definitions. As used in this section, the following terms shall have the meanings indicated.
FOOTCANDLE
Unit of light intensity stated in lumens per square foot and measurable with an illuminance meter (i.e., light meter).
FULL CUTOFF
Attribute of a lighting fixture from which no light is emitted at or above a horizontal plane drawn through the bottom of the fixture and no more than 10% of the lamp's intensity is emitted at or above an angle 10° below that horizontal plane, at all lateral angles around the fixture.
GLARE
Excessive brightness in the field of view that causes loss in visual performance or annoyance, to jeopardize health, safety or welfare.
ILLUMINANCE
Quantity of light, measured in footcandles.
LIGHT TRESPASS
Unwanted light emitted by a lighting fixture or installation which is cast beyond the boundaries of the property on which the lighting installation is sited.
LUMEN
The light-output rating of a lamp (light bulb), as used in the context of this section.
SHIELDED
A luminaire from which no direct glare is visible at normal viewing angles by virtue of being properly aimed, oriented, and located and properly fitted with such devices as shields, barn doors, baffles, louvers, skirts or visors.
D. 
Criteria.
(1) 
Illumination levels.
(a) 
Lighting, where required or permitted by this section, shall have intensities and uniformity ratios in accordance with the current recommended practices of the Illuminating Engineering Society of North America (IESNA) as contained in the IESNA Lighting Handbook, 10th Edition.
(b) 
Examples of intensities for typical outdoor applications, as extracted from the 10th Edition of the IESNA Lighting Handbook, are presented below:
Use/Task
Maintained Footcandles
Uniformity
(Avg.:Min.)
Streets, local residential
0.4 Avg.
6:1
Streets, local commercial
0.9 Avg.
6:1
Parking, residential, multifamily
Low vehicular/pedestrian activity
0.2 Min.
4:1
Medium vehicular/pedestrian activity
0.6
4:1
Parking, industrial/commercial/institutional/municipal
High activity, e.g., regional shopping centers/fast-food facilities, major civic/cultural events and private recreational activities
0.9 Min.
4:1
Medium activity, e.g., community shopping centers, office parks, hospitals, commuter lots
0.6 Min.
4:1
Low activity, e.g., neighborhood shopping, industrial employee parking, schools, church parking.
0.2 Min.
4:1
Walkways and bikeways
0.5 Avg.
5:1
Building entrances
5.0 Avg.
NOTES:
1.
Illumination levels are maintained horizontal footcandles on the task, e.g., pavement or area surface.
2.
Uniformity ratios dictate that average illuminance values shall not exceed minimum values by more than the product of the minimum value and the specified ratio, e.g., for commercial parking high activity, the average footcandles shall not be in excess of 3.6, i.e., 0.9 x 4.
(2) 
Lighting fixture design.
(a) 
Fixtures shall be of a type and design appropriate to the lighting application and in accordance with IESNA Lighting Handbook, 10th Edition.
(b) 
For lighting horizontal tasks such as roadways, pathways and parking areas, fixtures shall meet IESNA full-cutoff criteria.
(c) 
For nonhorizontal tasks, the use of floodlighting, spotlighting, wall-mounted fixtures, decorative globes and other fixtures not meeting IESNA full-cutoff criteria shall be permitted only with the approval of Borough Council, based upon acceptable glare control.
(d) 
Fixtures shall be equipped with or be capable of being backfitted with light-directing devices such as shields, visors or hoods when necessary to redirect offending light distribution.
(3) 
Control of glare, light pollution and light trespass.
(a) 
All outdoor lighting, whether or not required by this section, on private, residential, commercial, industrial, municipal, educational or institutional property, shall be aimed, located, designed, fitted and maintained so as not to create glare, light pollution and light trespass.
(b) 
Floodlights and spotlights, when permitted, shall be so installed or aimed that they do not project their output into the windows of neighboring residences, adjacent uses, directly skyward or onto a roadway.
(c) 
All-night safety or security lighting shall be permitted, but the light-intensity levels shall not exceed 25% of the levels normally permitted for the use by this section.
(d) 
Lighted signs advertising an individual business and combinations of businesses (as in a shopping center) may remain on until 15 minutes after closing of the business or combination of businesses and then shall be extinguished.
(e) 
Entrance signs to residential developments and to business parks or shopping centers may remain on throughout the night for identification purposes for emergency vehicles.
(f) 
Unless Borough Council specifically approves a period of outdoor lighting extending throughout the night for safety or security or unless lighting is provided as above in Subsection 2D(3)(c), (d) and (e), lighting shall be controlled by automatic switching devices, such as time clocks or combination motion detectors and photocells, to permit extinguishing lighting between 11:00 p.m. and dawn.
(g) 
Vegetation screens shall not be employed to serve as the primary means for controlling glare. Rather, glare control shall be achieved primarily through the use of such means as cutoff fixtures, shields and baffles, and appropriate application of fixture mounting height, wattage, aiming angle and fixture placement.
(h) 
The intensity of illumination projected onto a residential use from another property shall not exceed 0.1 vertical footcandle, measured at 30 inches above the ground at the property line.
(i) 
Externally illuminated signs shall be lighted by fixtures mounted at the top of the sign and aimed downward.
(j) 
Except as otherwise permitted in this section, fixtures meeting IESNA full-cutoff criteria shall not be mounted in excess of 20 feet above finished grade. Fixtures not meeting IESNA full-cutoff criteria shall not be mounted in excess of 16 feet above grade except as specifically approved by Borough Council.
(k) 
Fixtures used for architectural lighting, e.g., facade, fountain, feature and landscape lighting, shall be designed, fitted and aimed so as not to project their output beyond the objects intended to be illuminated.
(4) 
Installation.
(a) 
Electrical feeds for lighting standards shall be run underground, not overhead.
(b) 
Lighting standards to the rear of the parking spaces shall be placed a minimum of five feet outside paved areas, curbs or tire stops or be suitably protected by other means approved by the Borough Council.
(5) 
Maintenance. Lighting fixtures and ancillary equipment shall be maintained so as always to meet the requirements of this section.
E. 
Residential Development Fixture Placement. Streetlighting fixtures in multifamily residential developments and mobile home parks shall be placed at the following locations:
(1) 
At the intersection of public roads with entrance roads to the proposed development.
(2) 
Intersections involving proposed public or nonpublic major roads within the proposed development.
F. 
Recreational Uses. The nighttime illumination of outdoor recreational facilities for athletic activities, such as baseball, basketball, soccer, tennis, track and field and football, typically necessitates higher than normally allowed fixture mounting heights and aiming angles, utilizes very high-wattage lamps and potentially produces unacceptable levels of light trespass and glare when located near residential properties. Permission to illuminate such facilities shall be granted only when the Borough is satisfied that the health, safety and welfare rights of nearby property owners and the Borough as a whole have been properly protected. When recreational or athletic uses are specifically permitted by the Borough for operation during hours of darkness, the following requirements shall apply:
(1) 
Sporting events shall be timed to end at such time that all lighting in the sports facility, other than lighting for safe exit of spectators or patrons, shall be extinguished by 10:00 p.m., regardless of such occurrences as extra innings or overtime periods.
(2) 
Race tracks and recreational venues, such as golf driving ranges and trap-shooting facilities, that necessitate the horizontal or near horizontal projection of illumination shall not be permitted to be artificially illuminated.
(3) 
Recreational facilities for basketball, baseball, football, soccer, miniature golf, tennis or track shall not be illuminated if located within a residential district or sited on a nonresidential property located within 1,000 feet of a property containing a residential use.
(4) 
Maximum mounting heights for recreational lighting shall be in accordance with the following:
Use
Mounting Height
(feet)
Basketball
20
Football
70
Soccer
70
Little league baseball
Radius of 200 feet
60
Radius of 300 feet
70
Lacrosse
70
Miniature golf
20
Swimming pool aprons
20
Tennis
20
Track
20
(5) 
To assist the Borough in determining whether lighting will be permitted, applications for illuminating recreational or athletic facilities shall be accompanied not only with the information required under Section G below but also by a visual impact plan that contains the following:
(a) 
Plan views containing a layout of the facility and showing pole locations and the location of residences on adjoining properties.
(b) 
Elevations containing pole and fixture mounting heights, horizontal and vertical aiming angles and fixture arrays for each pole location.
(c) 
Elevations containing initial vertical illuminance plots at the boundary of the site, taken at a height of five-foot line of sight.
(d) 
Elevations containing initial vertical illuminance plots on the windowed facades of all residences facing and adjacent to the facility. Such plots shall demonstrate compliance with the light trespass and glare control requirements of this section.
(e) 
Proposed frequency of use of the facility during hours of darkness on a month-by-month basis and proposed time when the sports lighting will be extinguished.
(f) 
A narrative describing the measures proposed to achieve minimum off-site disturbance.
G. 
Plan Submission.
(1) 
Lighting plans shall be submitted simultaneously to Borough Council, through the Borough Manager, and to the Borough Planning Commission for review and approval for all proposed outdoor lighting, including but not limited to proposals which are part of a subdivision or land development plan, and shall include:
(a) 
Layout of the proposed fixture locations.
(b) 
For installations of up to four fixtures, an iso-footcandle plot of the individual fixtures.
(c) 
Where more than four fixtures are used, a point-by-point plot using a ten-foot-by-ten-foot illuminance grid. This shall include a statistical summary of typical areas and include minimum, average and maximum values and uniformity ratios that demonstrate compliance with the intensities and uniformities set forth in this section.
(d) 
Description of the equipment, including fixture catalog cuts, photometrics, glare-reduction devices, lamps, control devices, mounting heights and mounting methods proposed.
(2) 
When requested by Borough Council or the Planning Commission, the applicant shall submit a visual impact plan that demonstrates appropriate steps have been taken to mitigate on-site and off-site glare.
(3) 
Post-approval alterations to lighting plans or intended substitutions for approved lighting equipment shall be submitted to the Borough for review and approval.
H. 
Post-Installation Inspection.
(1) 
The Borough has 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.
3. 
Violations and Penalties. Failure of any property owner to comply with any provision of this section shall, upon conviction before a Magisterial District Judge, be subject to a fine not exceeding $300 plus all costs of prosecution, and in default of payment of the fine and costs herein shall be subject to imprisonment for a period not to exceed 30 days. Each day that the property owner is not in compliance with this section shall be considered a separate violation and offense.
[Added by Ord. 883, 8/9/2016]
(This is limited to the following uses as defined in § 202: adult store, adult movie theater, massage parlor, or adult live entertainment facility.)
1. 
Purposes. The regulations on adult uses are intended to serve the following purposes, in addition to the overall objectives of this chapter:
A. 
To recognize the adverse secondary impacts of adult uses that affect health, safety and general welfare concerns of the Borough. These secondary impacts have been documented in research conducted across the nation. These secondary impacts typically include, but are not limited to, increases in criminal activity, increases in activities that increase the risk of transmission of sexually transmitted diseases, increases in activities that increase the risk of transmission of other communicable diseases, increases in blight, decreases in the stability of residential neighborhoods, and decreases in property values for surrounding homes, and decreases in the marketability of nearby commercial business space. The research conducted across the nation concludes that adult uses typically involve insufficient self-regulation to control these secondary effects.
B. 
To limit adult uses to locations where these secondary impacts can be minimized, particularly as they affect residential neighborhoods and commercial revitalization.
C. 
To not attempt to suppress any activities protected by the "free speech" protections of the State and U.S. Constitutions but instead to control secondary effects.
2. 
An adult use and its parking area shall not be located within any of the following distances, whichever is most restrictive:
A. 
From the lot line of an existing dwelling: 250 lineal feet.
B. 
From the lot line of any lot in a residential zoning district: 250 lineal feet.
C. 
From the lot line of any primary or secondary school, place of worship, library, public park, day-care center or child nursery: 500 lineal feet.
3. 
No adult use shall be located within 250 lineal feet from any existing or approved adult use.
4. 
A fifty-foot-minimum-width buffer yard shall be required along the side and rear lot lines. If such buffer area does not include substantial mature trees that will be preserved, it shall include continuous screening by evergreen trees with an initial height of five feet.
5. 
No pornographic material, displays or signs shall be placed in view of persons who are not inside of the establishment. Entrances shall be staffed at all times to prohibit minors from entering the premises.
6. 
No adult use shall be used for any purpose that violates any federal, state or municipal law.
7. 
An adult use shall be prohibited in all districts except where specifically stated as being a conditional use in a particular district. An adult use is a distinct use and shall not be allowed under any other use, such as a retail store or club.
8. 
A minimum lot area of one acre is required.
9. 
For public health reasons, private or semiprivate viewing booths of any kind are prohibited. This specifically includes, but is not limited to, booths for viewing adult movies or nude dancers.
10. 
No use may include live actual or simulated sex acts nor any sexual contact between employees and entertainers nor between employees or entertainers and customers.
11. 
Only "lawful" massages as defined by State Court decisions shall be performed in a massage parlor.
12. 
All persons within any adult use shall wear nontransparent garments that cover their genitals and the female areola, except within a permitted lawful "adult live entertainment facility."
13. 
Any application for such use shall state the name and daytime address of an on-site manager responsible to ensure compliance with this chapter on a daily basis. A telephone number shall be provided where the on-site manager can be reached during Borough business hours. Such information shall be regularly updated in writing to the Zoning Officer.
14. 
The use shall not operate between the hours of 12:00 midnight and 7:00 a.m. If state law requires that another use of the property must be allowed to be open later, the adult use activities shall still cease by 12:00 midnight.
15. 
As specific conditions of approval under this chapter, the applicant shall prove compliance, where applicable, with the following state laws, as amended: the Pennsylvania Liquor Code, Act 219 of 1990 (which pertains to sale or consumption of alcohol between 2:00 a.m. and 8:00 a.m.),[1] Act 207 of 1990 (which pertains to obscenity),[2] and Act 120 of 1996 (which pertains to adult-oriented establishments and which limits enclosed viewing booths, among other matters).[3]
[1]
Editor's Note: See 15 Pa.C.S.A. § 7327.
[2]
Editor's Note: See 18 Pa.C.S.A. § 5903.
[3]
Editor's Note: See 68 Pa.C.S.A. § 5501 et seq.