In addition to complying with the provisions of the district in which a use is permitted, each use shall comply with the following standards and requirements where applicable. For certain specific uses or exceptional situations, these basic regulations are supplemented by Article XIII and by other provisions of this chapter.
A.
Lot area and yard requirements. The lot or yard requirements for
any new building or use shall not include any part of a lot that is
required by any other building or use to comply with the requirements
of this chapter. No required lot area or yard shall include any property,
the ownership of which has been transferred subsequent to the effective
date of this chapter, if such property was part of the area required
for compliance with the dimensional requirements applicable to the
lot from which such transfer was made.
B.
Minimum lot area. Where a minimum lot area is specified, no principal
building or use shall be erected or established on any lot of lesser
size than as specified within this chapter.
C.
Minimum lot width.
(1)
Where a minimum lot width is specified in the applicable district
regulations or other regulations of this chapter, no principal building
or use shall be erected or established on any part of a lot which
has a width less than is specified.
(2)
The lot width for a single-family semidetached dwelling or end unit
of townhouses shall be measured from the side lot lines to the center
line of the wall in common with an adjoining dwelling.
D.
Yard requirements. No portion of a building or structure shall be
built within the minimum depth of front, side, or rear yards as specified
within this chapter.
E.
Maximum height of buildings. No building shall exceed the maximum
height of buildings specified in this chapter.
F.
Permitted variations from required areas. The minimum lot, yard and height requirements of Articles V through XII shall prevail in all cases, except as follows:
(1)
Existing nonconforming lots. In any district where a nonconforming
lot exists as a separate entity at the time of passage of this chapter
and where the owner of the nonconforming lot does not own an adjoining
lot, then the following development is permitted:
(a)
Lots in the R-1 and R-2 Zoning Districts.
[1]
If the lot is located in the R-1 or R-2 District, a single-family
dwelling, including any attached permitted accessory use, may be constructed
on it as a permitted use subject to the following requirements:
[2]
If the lot has an existing single-family dwelling located on
it, then the dwelling may be enlarged to comply with, but not exceed,
the requirements listed above.
[3]
Accessory structures located in the rear yard area which are
not attached to the principal structure may be built up to eight feet
from the rear lot line and up to two feet from one side lot line,
provided that such accessory structures are not located closer than
four feet to the other side lot line and are not less than 10 feet
from any principal structure.
(b)
Lots in nonresidential zoning districts (H-1, TC, C-1, C-2 and
I-1). If the existing nonconforming lot is located in any remaining
nonresidential zoning district (H-1, TC, C-1, C-2, I-1), then a structure
not exceeding two stories in height may be constructed on it, for
a use permitted in the district in which it is located, provided that
the off-street parking and loading requirements of this chapter shall
be complied with and that the front, side and rear yards, as required
by the district in which the use is located, are not reduced by more
than 1/3 of said requirement and are compatible with the surrounding
area, as determined by the Board. Said use shall be considered to
be a special exception subject to the review and approval of the Board.
(2)
Height limitations. District height limitations for church spires,
cupolas and domes, monuments, water towers, chimneys, smokestacks,
antennas, farm structures, silos and flag poles may extend to a maximum
height of 150 feet. Required utility and radio and television station
transmitting or receiving towers which are permitted under the requirements
of this chapter may exceed the district height limitations by 35 feet.
Although exempted from structural height limitations, these structures
should not impair solar access of buildings or solar collector locations.
(3)
Front yard exception. When an unimproved lot is situated between
two improved lots, each having a principal building within 25 feet
of the side lot line of the unimproved lot, and where the lot is not
located on a major state or federal highway, then the required front
yard may be reduced to a depth equal to that of the greater front
yard of the two adjoining lots; provided, however, that it may not
be reduced to below 15 feet in Residential Districts R-1 and R-2.
(4)
Projections into yards. Projections into required yards may be permitted as follows, except that no such projection shall be located closer than three feet to any side lot line or 10 feet to any rear lot line or 15 feet to any front lot line, except as may be provided for in § 170-92 for existing nonconforming lots:
(a)
Fire escapes, uncovered stairs and landings, canopies, eaves
or other architectural features not required for structural support
may project into the required side, front or rear yard not more than
a total of three feet.
(c)
Patios may be located in the required yard area, not closer
than the following to any property line, except that patios constructed
on existing nonconforming lots may line up with and be as wide as
the principal structure on the lot:
(5)
Changes to conforming uses and buildings. Any conforming use or building
may be repaired, maintained, restored or rebuilt up to the same dimensions
existing at the time of the effective date of adoption of this chapter.
(6)
Any enlargement of an existing conforming use or structure on the
same lot must comply in all respects with the regulations of this
chapter.
A.
Two or more buildings on a lot. Two or more principal buildings located
on a parcel in single ownership shall conform to all the requirements
of this chapter which would normally apply to each building if each
were on a separate lot.
B.
Through lots. Where a single lot under individual ownership extends from one street to another parallel or nearly parallel street or alley, the Borough Council shall decide which street will be considered as the front street. No principal structure shall be erected on any portion of a lot which does not have primary access from an improved public street, except as specified in § 170-89A and C.
C.
Lots fronting on an alley. Individual lots existing at the effective
date of this chapter fronting on an alley shall comply with all the
requirements of this chapter and the district in which said lots are
located, except that no principal structure shall derive its primary
or only access from an alley.
D.
Side yard of a corner lot. The side yard of a corner lot which abuts a street shall be equal to the required front yard for that street, except as may be limited by § 170-89E.
E.
Obstruction to vision. No obstruction to vision, as defined herein,
shall be planted, constructed or maintained in the vicinity of any
street intersection or driveway, entrance or on a corner lot which
creates potential vehicular safety hazards.
(1)
In all districts, no structure, fence, planting or other obstruction
shall be maintained between a horizontal plane two feet above curb
level and a horizontal plane seven feet above curb level so as to
interfere with traffic visibility across the corner within that part
of the required front or side yard which is within a horizontal clear-sight
triangle bounded by the two street lines (rights-of-way) and a straight
line drawn between points on each such line 25 feet from the intersection
of said lines or extension thereof. When one or both streets which
form the intersection are classified as collector or arterial highways,
the clear-sight triangle bounded by the two street lines and a straight
line drawn between points on such line shall be 50 feet from the intersection
of said lines or extension thereof.
 |
(2)
At each point where a private accessway intersects a public street
or road, a clear-sight triangle of 10 feet measured from the point
of intersection of the street line and the edge of the accessway shall
be maintained within which vegetation and other visual obstructions
shall be limited to a height of not more than two feet above the street
grade.
A.
General requirements.
(1)
Where, in the opinion of the Borough Engineer, the literal application
of these standards in certain cases would work undue hardship or be
plainly unreasonable, the Borough Engineer may recommend to the Borough
Council such reasonable exceptions as would not be contrary to the
public interest. The Borough Council may modify or adjust the standards
to permit reasonable utilization of property while securing substantial
conformance with the objectives of the regulations.
(2)
The standards included in these regulations are minimum design requirements.
The Borough Council reserves the right, in any case, to request that
the requirements listed herein exceed these standards if conditions
so warrant.
(3)
Nonconforming uses. Whenever there is a nonconforming use, the nonconforming
use must comply with the most restrictive landscape requirements for
either the land use or the zoning district in which it is located
or the zoning district which would normally permit the nonconforming
use.
B.
Landscape plan requirements. Where landscaping is required by this
chapter, the applicant shall submit a landscaping plan, in addition
to a site plan.
C.
Buffer yards. Landscaping within required Buffer Yards shall meet the requirements outlined in § 170-87 as well as all other applicable requirements within this section.
D.
Parking lot landscaping.
(1)
A minimum of one deciduous shade tree shall be required for every
10 off-street parking spaces.
(2)
Where a parking lot is to include 30 or more parking spaces, a maximum
of 15 parking spaces shall be permitted in a row with a landscape
island of 15 feet in width. Where required, this island shall contain
not less than 290 square feet of planting area.
(3)
The use of salt tolerant species is encouraged.
(4)
When parking areas are located within 100 feet of a public street,
the perimeter of the parking area that is adjacent to the public street
shall be softened by a continuous low hedge around the outside perimeter.
Required softening or screening buffer shrubs may be used to meet
this requirement, so long as the hedge is to be located within the
area where the buffer yard is required.
E.
Existing vegetation. In cases where preserved natural features existing
on the site duplicate or essentially duplicate the planting requirements
of this chapter, these requirements may be waived or amended by the
Borough Council.
F.
Recommended plant list. The following is the recommended list of
trees, shrubs and ground cover for use in Wilson Borough. However,
the Borough Council may permit other planting types if they are hardy
to the area, not subject to blight or disease and are of the same
general character and growth habit as those listed below. The following
sizes listed for shade trees, evergreen trees, ornamental trees, deciduous
shrubs, evergreen shrubs and ground cover are the minimum acceptable
sizes at the time of installation.
(1)
Shade trees: (2 1/2 to 3 inches caliper minimum) 14 to 18 feet
high, eight feet minimum spread, clear trunk to seven feet zero inches
above the ground and full branching structure.
|
Acer rubrum — Red Maple***
| |
|
Acer saccharum — Sugar Maple***
| |
|
Fagus grandifolia — American Beech**
| |
|
Fagus sylvatica — European Beech**
| |
|
Gleditsia triacanthos var. inermis — Thornless Honey Locust***
| |
|
Liquidambar styraciflua — Sweet Gum*
| |
|
Liriodendron tulipifera — Tulip Poplar**
| |
|
Nyssa sylvatica — Blackgum**
| |
|
Platanus acerifolia — London Plane Tree
| |
|
Platanus occidentalis — American Planetree***
| |
|
Quercus alba — White Oak
| |
|
Quercus borealis — Northern Red Oak
| |
|
Quercus coccinea — Scarlet Oak**
| |
|
Quercus palustris — Pin Oak**
| |
|
Quercus phellos — Willow Oak
| |
|
Quercus velutina — Black Oak
| |
|
Tilia tomentosa — Silver Linden
| |
|
Tilia cordata — Littleleaf Linden
|
|
NOTES:
| ||
|---|---|---|
|
*
|
Seedless varieties only
| |
|
**
|
Not to be used as a street tree; shade tree only.
| |
|
***
|
Shallow rooting or large growing tree — to be located
a minimum of six feet from any public sidewalk.
| |
(2)
Evergreen trees: minimum eight feet high, four feet minimum spread
(NOTE: Spread may be less than four feet for upright or columnar varieties.)
single leader, symmetrically branching to the ground.
|
Abies balsamea — Balsam Fir
| |
|
Abies concolor — White Fir
| |
|
Ilex opaca — American Holly
| |
|
Juniperus virginiana — Eastern Redcedar
| |
|
Picea abies — Norway Spruce
| |
|
Picea glauca — White Spruce
| |
|
Picea pungens — Colorado Spruce
| |
|
Pinus rigida — Pitch Pine
| |
|
Pinus strobus — White Pine
| |
|
Pinus virginiana — Virginia Scrub Pine
| |
|
Pseudotsuga menziesii — Douglas Fir
| |
|
Thuja occidentalis — Eastern Arborvitae, including varieties
Green Giant, Elegantissima, and Nigra
| |
|
Tsuga Canadensis — Canadian Hemlock
|
(3)
Ornamental/flowering trees: minimum eight feet high, five feet minimum
spread, symmetrically branched to within four feet from the ground.
|
Acer pennsylvanicum — Striped Maple
| |
|
Amelanchier canadensis — Shadblow Serviceberry
| |
|
Asimina triloba — Common Pawpaw
| |
|
Betula lenta — Sweet Birch
| |
|
Betula nigra — River Birch
| |
|
Betula papyrifera — Paper Birch
| |
|
Carpinus caroliniana — American Hornbeam
| |
|
Cercis canadensis — Eastern Redbud
| |
|
Chionanthus virginicus — Fringetree
| |
|
Cornus amomum — Silky Dogwood
| |
|
Cornus florida — Flowering Dogwood
| |
|
Crataegus crus-galli — Cockspur Hawthorn
| |
|
Crataegus phaenopyrum — Washington Hawthorn
| |
|
Diospyros virginiana — Common Persimmon
| |
|
Magnolia acuminata — Cucumber tree Magnolia
| |
|
Magnolia virginiana — Sweet bay Magnolia
| |
|
Mauls sp. — Crabapple (Native species only, or varieties
Snowdrift and Zumai)
| |
|
Oxydendrum arboretum — Sourwood
| |
|
Prunus pennsylvanica — Pin Cherry
| |
|
Prunus serotina — Black Cherry
| |
|
Prunus subhirtella pendula — Autumnalis, Pendula,
Rosy Cloud, Stellata, and Whitcomb
| |
|
Prunus virginiana — Common Chokecherry
| |
|
Robinia pseudoacacia var. inermis — Thornless Black Locust
| |
|
Sassafras albidium — Common Sassafras
| |
|
Taxodium distichum — Baldcypress
|
(4)
Deciduous shrubs: 30 inch minimum height, twenty-four inch minimum
spread and symmetrically branched to the ground.
|
Aesculus parviflora — Bottlebrush Buckeye
| |
|
Aronia arbutifolia — Red Chokeberry
| |
|
Aronia melanocarpa — Black Chokeberry
| |
|
Azalea sp. — Azalea, native species only
| |
|
Calycanthus floridus — Common Sweetshrub
| |
|
Ceanothus americanus — New Jersey Tea
| |
|
Cephalanthus occidentalis — Buttonbush
| |
|
Clethra alnifolia — Summersweet Clethra
| |
|
Cornus sericea — Red-osier Dogwood
| |
|
Corylus americana — American Filbert
| |
|
Euonymus americana — Strawberrybush
| |
|
Hamamelis vernalis — Vernal Witch Hazel
| |
|
Hamamelis virginiana — Common Witch Hazel
| |
|
Hydrangea quercifolia — Oakleaf Hydrangea
| |
|
Ilex verticillata — Winterberry
| |
|
Itea virginica — Virginia Sweetspire
| |
|
Leucothoe racemosa — Sweetbells Leucothoe
| |
|
Lindera benzoin — Spicebush
| |
|
Myrica pensylvanica — Northern Bayberry
| |
|
Spiraea Anthony Waterer and Van Houtei
| |
|
Staphylea trifolia — American Bladdernut
| |
|
Symphoricarpos albus — Snowberry
| |
|
Vaccinium angustifolium — Lowbush Blueberry
| |
|
Vaccinium corymbosum — Highbush Blueberry
| |
|
Viburnum acerfolium — Mapleleaf Viburnum
| |
|
Viburnum carlesii — Koreanspice Viburnum
| |
|
Viburnum cassinoides — Witherod Viburnum
| |
|
Viburnum dentatum — Arrowwood Viburnum
| |
|
Viburnum lantana — Wayfaring Tree Viburnum
| |
|
Viburnum lentago — Nannyberry
| |
|
Viburnum prunifolium — Blackhaw Viburnum
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|
Viburnum tribolum — American Cranberrybush Viburnum
|
(5)
Evergreen shrubs: twenty-four-inch minimum height, eighteen-inch
minimum spread and symmetrically branched to the ground.
|
Azalea sp. — Native species only
| |
|
Ilex glabra — Inkberry Holly
| |
|
Juniperus communis — Common Juniper
| |
|
Kalmia latifolia — Mountain Laurel (including cultivars)
| |
|
Rhododendron catawbiense — Catawba rhododendron
| |
|
Rhododendron maximum — Rosebay Rhododendron
| |
|
Taxus canadensis — Canadian Yew
|
|
NOTE:
|
Height and spread requirements may be reversed for spreading
varieties of evergreen shrubs.
|
(6)
Ground cover plants:
(a)
Heavily rooted plans provided in four-inch pots and spaced a
maximum of 18 inches on center or as noted below:
|
Hemerocallis hybrids — Daylillies
| |
|
Liriope spicata — Lily turf (12 inches o.c. maximum)
| |
|
Liriope muscari — Liriope (12 inches o.c. maximum)
| |
|
Pachysandra procumbens — Allegheny Pachysandra
|
(b)
Heavily rooted woody plants with minimum fifteen-inch spread
provided in two-gallon containers and planted a maximum of 36 inches
on center:
|
Juniperus horizontalis — Creeping Juniper
| |
|
Xanthorhiza simplicissima — Yellowroot
|
(c)
Basin floor coverings:
|
Grass: PennDOT Formula "L" modified seed or other naturalized
mix
| |
|
Wildflower Seed — Native species preferred
| |
|
Wildflower Sod — Native species preferred
|
A.
General requirements.
(1)
Any person, corporation, firm or association intending to erect a
fence shall, before work is commenced, make application to the Code
Enforcement/Zoning Officer as required below and by this chapter,
and no work on such a fence shall be commenced before receipt of a
permit from the Code Enforcement/Zoning Officer.
(2)
Fences may be either a natural living fence or a fabricated materials fence, as defined in Article III.
(3)
Well-maintained and safe trees, shrubs or hedges and other appropriate
plant material which do not constitute a natural living fence, as
defined herein, and which are designed to enhance the livability and
attractiveness of any lot may be located in any yard or court, provided
that they do not encroach on adjoining properties or uses.
B.
Location of fences. Fences may be located within any front, rear
or side yard.
(1)
All fences shall be located completely on the owner's property and
shall not overlap property lines. Fence designs and locations must
permit the fence to be maintained completely from the owner's side
of the property.
(2)
Location of property lines will be the responsibility of the applicant
to verify, through a surveyor's account, the precise location of the
lines.
C.
Height of fences. The height of all fences shall be as set forth
in the table below.
E.
Removal of unsafe or nuisance fences. Any fence which obstructs vision, as defined herein, or which impedes vehicular or pedestrian traffic or which causes a fire hazard, restricts safe access, unduly restricts light or air and/or affects public or traffic safety or which creates a nuisance, as defined under § 170-92E(1), shall be removed. The Zoning Officer shall have the authority to direct the removal of such unsafe or nuisance fences or to direct the trimming or modification of any natural living fence or of any other vegetation so as to eliminate the unsafe or nuisance conditions.
|
Maximum Height
(feet)a
| ||||
|---|---|---|---|---|
|
Located on Parcels Used Predominantly for:
| ||||
|
Type of Fence and Location
|
Residential or Open Space Use
|
Nonresidential Uses
| ||
|
Fabricated materials fence — located in:
| ||||
|
Front yard
|
4
|
6
| ||
|
Side yard
|
6
|
6
| ||
|
Rear yard
|
6
|
6
| ||
|
Natural living fence — located in:
| ||||
|
Front yard
|
6
|
8
| ||
|
Side yard
|
6
|
8
| ||
|
Rear yard
|
10
|
12
| ||
|
NOTES:
| ||
|---|---|---|
|
(a)
|
Special situations requiring security, complete prevention of
access or the provision of buffers to protect adjoining uses may have
a higher fence if approved by the Borough Council. The Council shall
determine that such additional height is necessary to meet these objectives
and also to protect the public safety and general welfare and shall
not adversely affect adjoining properties. In such cases, the Council
may require that the fence be set back from the property line to prevent
adverse effects on adjoining properties.
| |
F.
Swimming pool fences. Private outdoor swimming pools shall be protected
with a fence as set forth in the UCC.
G.
Fence materials and construction.
(1)
All fences shall be designed and constructed to serve as permanent
fences which are solidly constructed and which are capable of resisting
the effects of weather and which are permanently affixed in place,
except as provided below.
(2)
The following fences or fencing materials are specifically prohibited:
(a)
Barbed wire fence unless specifically reviewed and approved
by the Borough Council and where the Council determines such fences
are safe and substantially free from accident exposure.
(b)
Picket or pointed fences which are less than 36 inches in height.
(c)
Canvas fences.
(d)
Cloth fences.
(e)
Electrically charged fences.
(f)
Poultry fences.
(g)
Temporary fences, such as snow fences and expandable fences
and collapsible fences, except when needed to meet emergency conditions
or during construction of a building.
(3)
All chain link fences erected shall be erected with the closed loop
at the top of the fence.
(4)
All entrances or gates shall open into the property.
(5)
All fences or walls must be erected so as not to encroach upon a
public right-of-way or easement.
(6)
If the fence is wood cover on wood frame, the framework must face
onto the interior of the lot, unless the fence is designed to provide
equal frame and cover area to adjoining yards.
(7)
If the fence is open metal mesh, supported by posts and frames of
either pipe or wood, the posts and frames must be on the interior
of the mesh.
(8)
If the fence is of masonry construction, a finished surface must
be provided on the exterior side.
H.
Application for fence. All applicants for permits to construct a fence shall make application for a permit for a permitted use as required under Article II and shall include with said application a plan or sketch showing the proposed location of the fence and the materials to be used, including sufficient information to determine conformance with the requirements of this chapter. The applicant shall submit a narrative statement and location plan explaining the need and reason for the proposed fence.
Any legal nonconforming use or structure may be continued, repaired,
maintained and improved except as provided below. An application for
such changes shall be submitted to the Zoning Officer.
A.
Enlargement. Such nonconforming use or structure may not be enlarged more than 40% of the existing floor or ground area except for junkyards which may not be enlarged. Such enlargement shall not exceed the maximum height or maximum building coverage requirements set forth for the district in which such nonconforming use is located and shall be accompanied with the required off-street parking spaces to serve the expansion as set forth in Article XVI.
B.
Restoration. If a nonconforming structure or any structure containing
a nonconforming use is wholly or partially destroyed by fire, explosion,
flood or other phenomenon, legally condemned or needing to be replaced
or reconstructed for any reason, then a permit for its restoration
may be obtained if such application is filed within 12 months of the
initial damage or destruction and restoration is completed within
24 months of the issuance of the permit.
C.
Discontinuance. No such use or structure may be reestablished after
it has been discontinued or vacated for a period of 12 months. Also,
a nonconforming use or structure when razed or removed from the premises
shall not be relocated except in conformity with the regulations of
the district to which it is moved.
D.
Change of use. A change in use (as defined in Article III of this chapter) includes any change among the specific uses identified under each category in the Table of Use Regulations. Once changed to a conforming use, no structure or land shall be permitted to revert to a nonconforming use. A nonconforming use may be changed to another nonconforming use only under all of the following conditions:
(1)
Such change shall be permitted only as a special exception by the
Zoning Hearing Board.
(2)
The applicant shall show that a nonconforming use cannot be reasonably
be changed to a conforming use.
(3)
The applicant shall show that the proposed change will be less objectionable
in external effects than the existing nonconforming use with respect
to:
E.
Termination. Certain types of nonconforming uses or structures which
present a special nuisance or hazardous condition shall be terminated
as follows:
(1)
General nuisances. Upon a complaint registered by the Zoning Officer
from 50% of the property owners within 200 feet of a nonconforming
use which is considered to be a general nuisance or a hazard to the
health, safety, welfare and morals of persons residing or working
in or using the area, the Council shall hold a hearing and make a
finding with respect to the nuisance or hazardous condition which
exists and shall determine the necessity of terminating such nonconforming
use. Such uses shall be terminated within such reasonable time as
shall be determined by the Council after consideration of the time
required for the reasonable amortization of the capital investment
in such uses or as may be provided for by the laws of the Commonwealth
of Pennsylvania.
(2)
Advertising signs. All nonconforming advertising signs shall be terminated
within two years of the adoption of this chapter.
A.
Special events or activities. Any applicant may submit a zoning application for the purposes of requesting permission to undertake or conduct a special event, activity or use (hereinafter referred to as a "temporary use") that shall be temporary in nature. Such a temporary use shall exist for a period of time not to exceed one year. Said application shall be submitted in accordance with the special exception use procedure established in § 170-15, and the temporary use shall be clearly related to the requirements for permitted uses set forth in this chapter. Any approval of such a temporary use shall be subject to the applicable safeguards and procedures established in §§ 170-84 and 170-85. Said application shall clearly set forth the following:
(1)
The exact purpose, nature and location of the proposed temporary
use, including all private and public lands and rights-of-way involved.
(2)
The relationship of the temporary use to other uses permitted in
the zoning district.
(3)
The number of employees, spectators, participants or other persons
or agencies, equipment or other paraphernalia to be involved or used
in such temporary use.
(4)
Evidence that the Borough will be held harmless from any unforeseen
adverse consequences resulting from such temporary use and evidence
of the availability of sufficient insurance coverage.
(6)
The length of time for which a temporary use permit is requested.
(7)
Any special requirements, hardships or conditions to be imposed on
the Borough or its residents or to other uses which may be affected
by the temporary use.
B.
Excavations and fill material.
(1)
Operations subject to state regulation.
(a)
All quarry or other noncoal mining operations are considered temporary uses under this chapter as required by § 170-93 above. Such uses which are subject to state law or to regulations of the PA DEP shall require necessary permit(s) from the appropriate state agency. Particular reference is made to the Commonwealth of Pennsylvania Noncoal Surface Mining Conservation and Reclamation Act No. 1984-219, as it may be amended,[1] and to other requirements relating to the operation of
sanitary landfill areas and to preservation of water quality in the
commonwealth as administered by the Pennsylvania Department of Environmental
Protection (PA DEP).
[1]
Editor's Note: See 52 P.S. § 3301 et seq.
(b)
All excavations or placement of fill in wetland areas shall
be subject to the requirements of the PA DEP and the Army Corps of
Engineers.
(c)
Such operations may take place in the Borough only in those
areas where permitted by this chapter.
(d)
All applicants for such operations shall submit a copy of any
request for a state permit to the Zoning Officer, together with any
plans required by the state for the reclamation of such areas. The
Zoning Officer shall also require a zoning permit application form
to be submitted, plus any other information required to properly evaluate
the application. Approval of any zoning permit for an operation permitted
in the Borough shall be conditioned upon the receipt by the operator
of any permit required from the state.
(e)
The Borough may present information to or request a public hearing
of PA DEP to be held on such applications for a permit which are submitted
to the state.
(2)
Other excavations.
(a)
Any other excavations, regrading of the natural terrain where ground levels are affected by more than one foot, the removal of topsoil or other earth products, the placement of fill or the alteration of drainage patterns may be permitted by the Zoning Hearing Board only as a temporary use as required in § 170-93 above. Such excavations must be adequately drained to prevent the formation of pools of water. The Zoning Hearing Board may require that such an excavation be enclosed by a fence if it is deemed to be a menace to the public health, safety and welfare.
(b)
Unless specifically permitted by the Zoning Hearing Board, open
excavations shall not be maintained, except those excavations made
for the erection of a building or structure for which a permit has
been issued.
(c)
The dumping of earth, gravel, rock or other materials not subject
to decay, noxious or offensive odors may be permitted in any zone
or any vacant land, provided that the existing grade shall not be
raised more than one foot above the grade of the nearest road, that
hazardous or nuisance conditions are not created and that an unsightly
appearance or unstable slopes are not created. Industrial or other
operations requiring the dumping of such materials above the grade
of the nearest road may be permitted by the Zoning Hearing Board as
a special exception use if the Zoning Hearing Board determines that
such dumping is not a menace to the public health, safety or welfare
or a nuisance to nearby residential areas.
(d)
Operations affecting drainage patterns shall be studied by the
Borough and appropriate recommendations or conditions developed for
consideration by the Zoning Hearing Board. Necessary reviews from
other affected agencies such as the Northampton County Conservation
District shall also be secured prior to the issuance of any permit.
The following uses are not included as permitted, special exception,
or conditional use in any zoning district and are therefore prohibited
in any district in the Borough:
A.
Illegal uses which violate federal, state or local laws.
B.
Uses which create any dangerous, injurious, noxious or otherwise
objectionable fire, explosive, radioactivity, environmental or other
hazard; noise or vibration; smoke, dust, dirt or other form of air,
solid waste or water pollution; electrical, glare, traffic congestion
or other disturbances of a permanent or recurring nature which will
adversely affect the surrounding area or premises or be dangerous
to public health and safety.
C.
Junkyards, automotive junkyards and dumps, as defined herein.
D.
Hazardous waste treatment, storage or disposal facilities.
E.
The breeding and keeping of farm animals.
F.
Manufacture or storage of explosives or fireworks in violation of
federal, state, county or local laws.
G.
Rendering plants for animal products.
H.
Adult materials or activities. Any use involving activities which
constitute a violation of 18 Pa.C.S.A. § 5903, as amended,
or as defined herein relating to display, sale, lending, distribution
or exhibiting of adult and other sexual materials are prohibited in
every zoning district. The exhibition or dissemination of adult materials
or activities, as defined herein, which do not constitute a violation
of 18 Pa.C.S.A. § 5903, as amended, shall only be permitted
in a zoning district which clearly lists such a use, and all such
uses shall be special exception uses, as defined herein.
I.
The use of outdoor boilers, furnaces or any equipment, device or
apparatus which is installed, affixed or situated outdoors, and not
situated within a building intended for habitation by humans or domestic
animals, which is used for the primary purpose of combustion of fuel
to produce heat for energy as a heating system, or component thereof,
which provides heat or hot water to the principal structure, to a
structure used for human or animal habitation, or to any accessory
uses or structures, including, but not limited to, greenhouses, conservatories
and swimming pools.
