The landowner, person and/or entity performing any earth disturbance
shall utilize sufficient measures to prevent soil erosion and sedimentation
of creeks.
A. For any building, structure, or proposed use which will involve a
change in the contour of the land, grading, excavating, removal or
destruction of the topsoil, trees or other vegetative cover of the
land, no permit either under this chapter, or any other Borough ordinance
or state statute shall be issued until the following conditions have
been met.
B. No changes shall be made in the contour of the land, no grading, excavating, removal or destruction of the topsoil, trees or other vegetative cover of the land, or other earth disturbance activity as defined in Title 25 of the Pa. Code, § 102.1, shall be commenced until a determination has been made by the York County Conservation District whether, or to what degree, or not an erosion and sedimentation control plan (E&S plan) is required. To the extent that a formal E&S plan is not required by the York County Conservation District, then proposed erosion and sedimentation control measures shall be noted on the subdivision or land development plan. Additionally, every such plan shall be presented to the York County Conservation District, which shall either review and approve such plan, or issue a waiver letter to the Borough advising that no review by the York County Conservation District is required because of the size and location of the excavation. Waivers will only be permitted by the Borough for any activities identified in Subsection
A which involves less than 5,000 square feet. In all other events, a review and approval of such plan by York County Conservation District shall be required.
C. All activities identified in Subsection
A shall conform to the requirements of Chapter 102 of the Rules and Regulations of the Pennsylvania Department of Environmental Protection as amended, 25 Pa. Code § 102.1 et seq. It shall be the responsibility of the land developer, contractor or owner to obtain approval or waiver from the York County Conservation District or other agency designated by the Department of Environmental Protection to enforce the regulations in that chapter. The Borough Council may, in their sole discretion, require an improvement bond or other acceptable security in the form of an escrow guarantee to ensure installation and completion of any improvements or erosion controls, whether permanent or temporary, required pursuant to this section.
D. The erosion and sedimentation control plan shall be prepared by a
person trained and experienced in erosion and sedimentation control
methods and techniques.
E. To the extent permitted or required by law, any changes to state
statutes or regulations involving erosion and sedimentation control
between the time of approval of a plan as part of the subdivision
or land development plan approval process and the application by the
developer for any building or zoning permits required by other ordinances
of the Borough prior to any earth disturbance activity may result
in the newer standards being applied and a new erosion and sedimentation
control plan being filed. Therefore, nothing in this chapter or this
section shall be construed by a developer, contractor or owner as
granting them any vested rights in contravention to state law or regulation.
F. All references in this section or this chapter to the York County
Conservation District shall include any agents of or successors to
York County Conservation District, or any agency to whom DEP in the
future delegates enforcement of its laws and regulations relating
to erosion and sedimentation control in the future.
G. The design standards and specifications for said plan are contained
in the Erosion and Sedimentation Control Handbook which has been prepared
by the York County Conservation District and is on file in that office
and with the Borough.
The Zoning Officer may require an applicant to prove that a
suspect area proposed for alteration does or does not meet the state
or federal definition of wetlands.
No use shall generate odors or dust that are offensive to persons
of average sensitivities beyond the boundaries of the subject lot.
This section shall only regulate exterior lighting that crosses
lot lines or onto public streets.
A. Streetlighting exempted. This §
400-29 shall not apply to streetlighting that is owned, financed or maintained by the Borough or the state, nor to an individual porch light of a dwelling.
B. Height of lights. No luminary, spotlight or other light source that
is within 200 feet of a lot line of an existing dwelling or approved
residential lot shall be placed at a height exceeding 35 feet above
the average surrounding ground level. This limitation shall not apply
to lights needed for air safety or lights intended solely to illuminate
an architectural feature of a building or lighting of outdoor public
recreation facilities.
C. Diffused. All light sources, including signs, shall be properly diffused
as needed with a translucent or similar cover to prevent exposed bulbs
from being directly visible from streets, public sidewalks, dwellings
or adjacent lots.
D. Shielding. All light sources, including signs, shall be shielded
around the light source and carefully directed and placed to prevent
the lighting from creating a nuisance to reasonable persons in adjacent
dwellings and to prevent the lighting from shining into the eyes of
passing motorists.
E. Flickering. Flashing, flickering or strobe lighting are prohibited,
except for nonadvertising seasonal lights between October 25 and January
10.
F. Spillover. Exterior lighting on an institutional, commercial or industrial
property shall not cause a spillover of light onto a residential lot
that exceeds one horizontal footcandle at a distance 20 feet inside
the residential lot line. Such light shall be measured by the Zoning
Officer or his designee.
G. Gasoline sales canopies. Any canopy over gasoline pumps shall have
a maximum distance between the ground level and the underside of the
canopy of 18 feet. If the ground level is sloped, then a portion of
the canopy may have a greater height, provided that the maximum height
is 18 feet at the portion of the canopy that is closest the street.
All light fixtures under the canopy shall be recessed into the canopy
or screened by an extension around the bottom of the canopy so that
lighting elements are not visible from another lot.
No new building and no new or expanded off-street parking area
or commercial or industrial storage area shall be located within 50
feet of the top of the primary bank of the west branch of the Codorus
Creek.