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:
[a] 
Minimum lot size: 3,500 square feet.
[b] 
Minimum lot width: 35 feet.
[c] 
Minimum front yard: 25 feet.
[d] 
Minimum rear yard: 15 feet.
[e] 
Minimum side yards:
[i] 
One side yard: three feet.
[ii] 
Both side yards combined: 11 feet.
[f] 
Maximum building height for principal building: 2.5 stories or 35 feet.
[g] 
Maximum building coverage: 50%.
[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.
(c) 
Changes to existing conforming uses. For changes to existing conforming uses located on nonconforming lots, see § 170-93.
(d) 
Nonconforming uses. For requirements governing nonconforming uses and structures, see § 170-92.
(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.
(b) 
Accessory structures may project into yards as set forth in § 170-88F.
(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:
[1] 
Side and rear property lines: five feet.
[2] 
Front property line: 10 feet.
(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.
G. 
Supplementary regulations. Supplementary regulations governing special conditions, uses or requirements are set forth in Article XIII.
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
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.
D. 
Obstruction to vision. No fence shall create an obstruction to vision, as defined in Article III and § 170-89E.
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:
(a) 
Traffic generation and congestion, including truck, passenger car, and pedestrian traffic.
(b) 
Noise, smoke, ash, dust, fumes, vapors, gases, heat, odor, glare or vibration.
(c) 
Storage and waste disposal.
(d) 
Appearance.
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.
F. 
Off-street parking. Sufficient off-street parking spaces shall be provided, as set forth in Article XVI, to serve any proposed expansion permitted by § 170-93A.
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.
(5) 
An evaluation of the traffic impact of said use based on the requirements of § 170-85.
(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.