Borough of West Homestead, PA PERFORMANCE STANDARDS

Computation. When calculation of the required amount of off-street parking results in a requirement of a fractional space, that fraction shall be counted as an entire parking space.

Size.

General. Any required off-street parking space shall be at least nine feet wide by 19 feet in length, with an area of at least 171 square feet; not including access drives, aisles or ramps.

Handicapped. Any required off-street parking space designated as a "handicapped" space shall be at least 12 feet wide by 20 feet in length, with an area of at least 240 square feet; not including access drives, aisles or ramps.

Access. Each required off-street parking space shall open directly upon an aisle or drive of such design as to provide safe and efficient means of access to a street in a manner which will least interfere with traffic flow.

Surfacing. All driveways and open off-street parking spaces shall be surfaced and maintained with a bituminous or concrete surface.

Lighting. All off-street parking areas in multi-family residential, commercial and industrial districts shall be suitably illuminated for night use with any such lighting being directed away from adjacent residential districts or uses and streets.

Drainage. All off-street parking and loading areas, including driveways, aisles and other shall be graded and adequately drained so as to disperse surface water which might otherwise accumulate upon any such area and to prevent excess runoff onto adjacent properties or across public sidewalks by dispersing the surface drainage to an adequate stormwater drainage system, drainage course or other acceptable processing system.

Collective Parking. Off-street parking for separate uses in the Commercial and Industrial Districts may be provided collectively only if the total of such off-street parking spaces shall be at least equal to the number of spaces required for the various uses if computed separately. Applicable regulations regarding parking space size, location and accessibility shall be complied with.

Location and Accessibility.

All required parking spaces for residential uses shall be located on the same zoning lot as the dwelling(s) served.

Off-street parking shall not be permitted in required transitional buffer yards or required open space areas.

All off-street parking shall be reasonably accessible to the uses served. In a commercial district, all required parking spaces shall be located within 250 feet (direct walking distance) of a main entrance to the use served.

Vehicle repair and/or service shall not be performed and is not permitted within any off-street parking area or facility in any district.

The parking or storage of any vehicle, other than a recreational vehicle, with a registered gross weight in excess of 11,000 pounds shall not be permitted as an accessory use in any residential district.

No commercial vehicle may be parked within any public right-of-way anywhere in the Borough or upon private property in any residential district, except for "in-service" vehicles which are parked temporarily (momentarily) for business purposes and which are otherwise in compliance with all other applicable laws of the Borough and the commonwealth. Service stations, carwashes and other uses that may entail queuing shall demonstrate adequate space to prevent vehicles from backing onto the traveled cartway.

Required Number of Parking Spaces. The minimum number of parking spaces required for each type of use is as follows:

For commercial uses not otherwise herein specified the number of spaces shall be the total obtained using the following formula:

Ground Floor Space. One space for each 150 square feet of gross ground floor area.

Other Than Ground Floor Space. One space for each 200 square feet of gross floor area.

Any production, processing, cleaning, testing activity, or repair of materials, goods or products, and warehouses and storage buildings not serving a wholesaling or retailing function - one space per every two persons employed on the largest shift.

Automobile Service Stations. One space per each service bay, plus one space per every two persons employed at any one time, but in no case less than two employee spaces.

Bowling Alleys. Three spaces per each bowling lane.

Churches. One space per every six seats. Where patrons occupy benches or pews, each 24 inches of seating facilities shall be counted as one seat for the purpose of determining off-street parking requirements.

Educational Institutions. One space per every three employees, plus one space per every 10 students; based on maximum employee, faculty and student attendance at one time.

Convention Halls, Dance Halls, Meeting Halls, Skating Rinks, Sports Arenas (other than those incident to schools). One space per every four seats of spaces equal to 25% of capacity (in persons), whichever is greater.

Single-Family and Two-Family Dwellings. Two spaces per dwelling unit.

Multi-family dwellings.

Less than 51 units: two spaces per dwelling unit.

Senior citizen housing: one space per every two dwelling units.

Hospitals, Nursing Homes, Convalescent Homes. One space for each two employees, plus one space for each three beds.

Hotels, Motels. One space or each lodging room, plus one space per every two employees.

Any Establishment Serving Alcoholic Beverages. The minimum number of spaces shall be at least equal to 33% of the maximum capacity (in persons). The term "capacity" in this section means the total of the number of seats plus one space per every four square feet of floor area in patron service area where stand-up service is provided.

Restaurants Not Serving Alcoholic Beverages. The number of spaces shall be equal to or greater than 33% of the establishment's total patron seating capacity.

Libraries, Museums. One space per every 500 square feet of gross floor area.

Medical or Dental Clinics. One space per every 200 square feet of gross floor area.

Private Clubs and Lodges. One space per every 10 members.

Theaters and Auditoriums. One space per every four seats.

Business and Professional Offices. One space per every 200 square feet of gross floor area.

All off-street parking requirements outlined herein may be reduced by up to 25%, provided that the site is situated within a 650 feet walking distance of a permanent mass transit system's pick-up point or stop.

Parking Area Designs.

Approved curbing shall be provided along the perimeter of all off-street parking areas to contain and control vehicular traffic, direct surface drainage, and control erosion. Curbing may be eliminated or interrupted in approved areas to facilitate stormwater management design.

Uniform painted line markings shall be provided and maintained to separate parking stalls and where needed to direct traffic flow.

Parking lot gradients shall not exceed a 5% cross slope and a 70 longitudinal slope.

The following curb-to-curb (a) parking area widths and aisle (b) widths shall be the minimum requirements in any "double-wide" (parking on both sides of an aisle) parking area:

Ninety degree parking - a = 63 feet; and b = 25 feet.

Sixty degree parking - a = 54 feet; and b = 20 feet.

Forty-five degree parking - a = 49 feet; and b = 17 feet, one-way only.

Thirty degree parking - a = 46 feet; and b = 16 feet, one-way only.

All off-street parking areas shall be paved and maintained with an impervious bituminous or concrete surface.

Parking areas shall be designed in such a way as to avoid the necessity of vehicles backing onto the street right-of-way in order to exit.

Handicapped Parking. Parking facilities serving buildings and/or facilities which are required to be accessible to the physically handicapped shall have conveniently located designated spaces as follows:

Up to 100 spaces: one space per 25 parking spaces or fraction thereof.

One hundred one to 200 spaces: four spaces; plus one space per 50 parking spaces or fraction thereof for spaces over 100.

More than 200 spaces: six spaces; plus one space per each 100 parking spaces or fraction thereof for spaces over 200.

§ 27-1103 Off-Street Loading Regulations.

[Ord. 560, 6/11/1996, Art. XI, § 3]

Off-street loading spaces accessory to uses permitted in the various use districts shall be designed in accordance with the following regulations and other applicable provisions of this chapter:

General Provisions.

Location.

(a)

All proposed loading spaces shall be located on the same lot as the use served.

(b)

No loading spaces for vehicles over two tons capacity shall be closer than 30 feet to a residential district or use unless completely enclosed by building walls, or by an approved and uniformly painted wall and/or fence, not less that six feet in height.

(c)

No loading space shall be located within 30 feet of the nearest point of intersection of any two streets.

(d)

No loading space shall be located in a required front yard, a transitional (buffer) yard or required open space area.

(e)

Any loading space located in a required rear yard or side yard may be covered only by a well-maintained weatherproof covering.

Size. Unless otherwise specified, a loading space shall be at least 65 feet long and 12 feet wide, and shall have an area of at least 780 square feet; not including access drives, aisles or required maneuvering space.

Access. Each off-street loading space shall be designed with appropriate means of vehicular access to a street in a manner which will least interfere with pedestrian and vehicular traffic.

Surfacing. All drives and loading spaces shall be paved and maintained with an impervious bituminous or concrete surface.

Repair and Service. Vehicle repair and/or service work shall not be performed and is not permitted in any required loading spaces in any district.

Specific Provisions.

Space allocated to off-street loading or access to off-street loading spaces shall not be used to satisfy the minimum requirements under this chapter for off-street parking.

All required off-street loading spaces shall have access and maneuvering space adequate to insure that any vehicle leaving the loading area shall be traveling in a forward direction onto any dedicated public street or across any public sidewalk.

Business or industrial uses with a floor area of at least 5,000 square feet of gross floor area shall be required to have one off-street loading space, plus one additional space for each additional 40,000 square feet of floor area over the 40,000 square feet of floor area.

Business or industrial uses having less than 5,000 square feet of gross floor area shall provide for adequate loading facilities via an approved adjacent service drive, street, or alley.

§ 27-1104 Lot and Yard Regulations and Exceptions.

[Ord. 560, 6/11/1996, Art. XI, § 4; as amended by Ord. 623, 2/14/2006]

Lot Area. Any lot including its required yards and open areas shall meet or exceed the minimum lot dimensions established for the use to which it is to be put and the zoning district in which it is to be situated. In the case of a subdivision or the combined usage of two or more lots-of-record, no newly created zoning lot shall be created which fails to meet the minimum requirements established by this chapter for the use to which it is to be put and the zoning district in which it is situated.

Required Lot Area/Dimension.

Any portion of a lot once designated as all or any portion of a required yard or as all or any portion of the required lot area per dwelling unit in compliance with the lot area requirements of this chapter, shall not be counted again thereafter as a required yard or lot area per dwelling unit for another lot or building, not shall it be sold as a separate lot.

Any portion of a lot which is recorded or otherwise reserved for future thoroughfares shall not be used as a factor in determining lot area per dwelling unit or yard dimensions.

No lot, yard, parking area, or other space shall be reduced in area or dimension if such reduction has the effect of making the lot, yard, parking area, or other space less than the minimum required by this chapter.

Any lot, yard, parking area, or other space which is already less than the required minimum shall not be reduced further.

Nothing in this section shall be interpreted to limit the powers of the Board in granting variances under the provisions of this chapter.

Height Exceptions. Chimneys, flues, stacks, fire escapes, elevator penthouses, ventilators, skylights, standpipes, conveyors, silos, elevated water tanks, church spires, belfry towers, flagpoles, cupolas, antennas and/or other unique design or maintenance features which are not intended for human habitation may exceed the height limitations of the district in which they are situated, provided that the less restrictive of Subsection 3A or B:

The height limitations of the district in which the structure is situated shall not be exceeded by more than 15 feet.

The total height of the structure shall not exceed a dimension equal to or less than the horizontal distance between the base of the structure nearest the feature and the nearest lot line or street right-of-way line.

Projections into Required Yards. All structures, whether open or enclosed, including porches, canopies, balconies, platforms, garages, carports, covered patios and similar architectural design features above the normal carrots de shall not project into any minimum required front, side or rear yard; except that the following encroachments shall be permitted:

Bay windows, window sills, eaves, buttresses, chimneys, cornices, piers, pilasters and other similar architectural features, provided that any such feature shall not project more than two feet into any required yard.

Balconies, open above-ground patio decks or other platforms, open fire escapes and/or access steps to a structure, provided that any such feature shall not project more than three feet into any required yard.

An open or enclosed porch only may be extended from the principal structure into a required side or rear yard only in any residential district, provided that any such feature shall be:

(a)

Not more than 10 feet in height.

(b)

Not closer than three feet to any side lot line and not closer than 10 feet to any rear lot line.

Required Setbacks, Corner Lots. The principal building and its accessory structures located on any corner lot at the intersection of two or more streets shall have the same setback distance from all street right-of-way lines as is required for the front yard in the district in which the principal building or accessory structure is situated.

Fence and Wall Restrictions, Front Yards. In any required front yard:

No fence or wall shall be permitted which materially impedes vision across any such yard above the height of 2 1/2 feet.

No hedge or other vegetation or planting(s) shall be permitted which materially impedes vision across such yard between the height of 2 1/2 feet and 10 feet.

Yard Requirements, Non-residential Uses Abutting Residential Districts.

In any district other than Professional Office/Residence District (B1) nonresidential buildings and uses shall not be located or conducted closer than 40 feet to any side or rear lot line of a lot situated within a residential district.

This minimum buffer yard distance requirement may be reduced to 20 feet, provided that the buffer yard is completely landscaped or screened in accordance with a landscaping plan which has been approved by the Zoning Officer.

Screening materials may include a masonry wall or solid fence between four feet and six feet in height which shall be maintained throughout the entire term of the non-residential use and shall be kept free of all signs and graffiti.

Landscaping may be provided in lieu of any such wall or fence, provided that any such landscaping shall consist of dense evergreen plantings which are not less that four feet in height at the time of planting and which are trimmed and maintained throughout the term of the nonresidential use.

No wall, fence or landscaping shall in any way impede visibility or vehicular traffic, as may be regulated elsewhere under this chapter.

§ 27-1105 Access.

[Ord. 560, 6/11/1996, Art. XI, § 5]

All lots shall have direct frontage on either a dedicated public street or an approved private street and shall have dimensions which meet or exceed those established by this chapter or other applicable ordinances.

§ 27-1106 Construction in Easements.

[Ord. 560, 6/11/1996, Art. XI, § 6]

Easements for the installation, operation and/or maintenance of essential services shall be reserved as indicated on each plat when recorded or otherwise established. Within these easements, no structure shall be located, placed or permitted which may damage or interfere with the installation, operation and/or maintenance of any utility or which may change the normal direction of flow of any drainage course, channel or facility within said easement. The easement area of each lot and any improvements situated within said easement shall be maintained continuously by the owner of the lot, except for those secured structures or improvements for which a public authority or utility is clearly responsible.

§ 27-1107 Refuse Collection Areas.

[Ord. 560, 6/11/1996, Art. XI, § 7]

All storage areas provided by commercial, industrial and multi-family residential developments for the temporary storage of trash, garbage or other refuse shall be enclosed by an approved solid wall or fence which is at least four feet in height, unless said area is contained entirely within an enclosed structure. Provisions shall be made for adequate regular vehicular access to any such storage area. The following requirements shall also be met:

The storage of hazardous or toxic materials or wastes shall not be permitted without the documented approval in advance of the DEP.

Materials or wastes which might cause fumes or dust or otherwise constitute a fire hazard, or which may attract vermin, shall be stored only in closed and tightly sealed containers constructed of impervious materials.

Storage areas in any residential districts shall utilize such additional screening as may be required elsewhere under this chapter.

§ 27-1108 Unlicensed or Inoperable Vehicles.

[Ord. 560, 6/11/1996, Art. XI, § 8]

No unlicensed, unregistered, inoperative or partially dismantled vehicle, trailer, accessory vehicle, or vehicle part of any type shall be parked, stored or otherwise maintained upon any public or private property or within any public street or alley right-of-way for any period of time in any district, except as follows:

Entirely within an enclosed and secured garage or other approved, completely enclosed, and secured structure.

Temporarily at an approved location upon the premises of any approved:

Automotive, mobile home, boat, camper or trailer sales or repair business or parts store (parts only).

Automotive service station, garage or repair establishment.

Fenced and secured automotive salvage, wrecking or junkyard.

Vehicle impounding yard.

§ 27-1109 Accessory Structures.

[Ord. 560, 6/11/1996, Art. XI, § 9]

No permanent accessory structure shall be constructed on any lot prior to the construction of the principal structure to which it is accessory.

§ 27-1110 Open Space and Yards; General Regulations.

[Ord. 560, 6/11/1996, Art. XI, § 10]

Continued Conformity with Bulk Regulations. The maintenance of required yards, other open space and minimum lot areas shall be a continuing obligation of the owners of the property upon which the us is located. No legally required yards, open space or minimum lot areas shall, by virtue of change of ownership or for any other reason, be used to satisfy the yard, open space, or minimum lot area requirements for any other building(s).

Division of Zoning Lots. No zoning lot shall hereafter be subdivided into two or more zoning lots and no portion of any zoning lot shall be sold unless all zoning lots resulting from each subdivision or sale shall conform with all bulk and area regulations of the district in which the property is located, and the requirements of the Subdivision and Land Development Ordinance [Chapter 22].

Location of Required Open Space. All required yards and other open space shall be located on the same zoning lot as the structure(s) that constitute(s) the principal use upon which the requirement is based.

Required Yards for Existing Buildings. No yards, now or hereafter provided for a building existing on the enactment date of this chapter shall subsequently be reduced below, or further reduced if already less than, the minimum yard requirements of this chapter for similar new construction.

Permitted Obstructions in Required Yards. The following shall be considered permitted obstructions when located in the specified required yards:

In Required Yards (All Districts). Recreation equipment, flag poles, window awnings, permitted open off-street parking space, outdoor lamp posts, one-story bay windows, cantilever floors, overhanging eaves and gutters projecting 18 inches or less into the yard.

In Required Front Yards (All Districts).

Trees which are located at least five feet from any public right-of-way line and provided that any tree located within 20 feet of any public right-of-way line shall have its lower branches trimmed and maintained at a height of at least eight feet above ground level.

Shrubs or hedges located more than 10 feet from any side yard line and more than 20 feet from any public street right-of-way line to any height provided they are properly trimmed and maintained.

Shrubs located within 20 feet of any public street right-of-way shall be trimmed and maintained at a height not to exceed 2 1/2 feet above the grade of the abutting sidewalk or street center line.

Open porches which are not more than one story or 14 feet, whichever is the lower height, and which extend not more than eight feet into the required front yard; provided, that no such porch shall be located closer to the side lot line than the distance established for the principal structure as the required side yard setback.

Enclosed vestibules or porches not exceeding 25 square feet in area and not projecting more than five feet into the required front yard.

Signs; as permitted and restricted elsewhere in this chapter.

In Any Residential District Only.

In any front yard, hedges located within 10 feet of any lot line may not exceed four feet in height and walls and fences located anywhere may not exceed four feet in height.

In any side yard of an interior lot or between the front and rear building lines only in any side yard of a corner or through lot, hedges located within 10 feet of any lot line may not exceed four feet in height.

Elsewhere in the side yard of any corner or through lot, hedges located within 10 feet of any lot line may not exceed six feet in height and walls and fences may not exceed six feet in height at any location.

In any rear yard, hedges located within 10 feet of any lot line may not exceed six feet in height and walls and fences located anywhere may not exceed six feet in height.

In Required Side or Rear Yards (All Districts). Shrubs or hedges located more than 10 feet from any side or rear lot line and more than 20 feet from any public right-of-way line, to any height provided they are properly trimmed and maintained.

In Required Front Yards (Commercial Districts Only). Walls, fences, or hedges are not permitted.

In Required Front Yards (Industrial Districts Only). Walls, fences or hedges subject to the same regulations as outlined or residential districts; except that security fences to a height not to exceed 10 feet may be permitted, subject to site plan review and approval by the commission prior to construction.

In Required Side and Rear Yards (Commercial and Industrial Districts). Security fences may be permitted within required side or rear yards, to a height not to exceed 10 feet, subject to site plan review and approval by the commission prior to construction.

Outdoor Storage. In addition to regulations established elsewhere in this chapter, permitted principal uses may utilize property for ancillary outdoor storage in compliance with the following performance standards:

All proposed outdoor storage must be completely screened from view from surrounding property. Screening must be in the form of an opaque fence or solid wall (commercial and industrial districts only) which has been approved by the Commission.

Outdoor storage shall not be permitted in any required front yard or in any required open space area in any yard in any district.

Fencing must meet all bulk and area regulations of this chapter.

The commission may impose such other requirements as it may deem necessary to protect adjacent properties and/or to control aesthetics.

These standards shall not apply to incidental sales (yard or garage sales) in residential districts. Such incidental sales are subject to the approval of the Zoning Officer providing they do not interfere with pedestrian or vehicular traffic, or otherwise present a detriment to adjacent property.

Prohibited Obstructions. In all use districts, the accumulation or storage of waste, garbage, rubbish, refuse, used or second-hand materials, scrap materials, scrap metals, inoperable or dismantled vehicles, paper, rags, tires, and construction materials may be permitted on a temporary basis only where such materials are being immediately used in the construction of an approved use or structure on the same zoning lot.

Temporary Buildings or Construction Purposes. Such buildings are permitted in all use districts for the duration of construction, or for two years, whichever is the lesser period of time. A building permit shall be required for any such building.

§ 27-1111 Sidewalks.

[Ord. 560, 6/11/1996, Art. XI, § 11; as amended by Ord. 568, 11/10/1997, § 1]

Public Sidewalks.

Public sidewalks are required and shall be installed by the developer or all developments regardless of the district in which the development is situated.

Public sidewalks shall be installed on both sides of the street along the entire perimeter of the development site which abuts dedicated public street right-of-ways.

The Commission may grant a "temporary sidewalk waiver" for any development. The Commission may only grant any such waiver until sidewalks are constructed on adjacent properties or adjacent properties have been developed or redeveloped; and, further provided, that the applicant has demonstrated just cause and posted an appropriate performance bond.

The Commission may grant a "permanent sidewalk waiver" for any industrial development "or development within the WDD" only. The Commission may grant such a waiver for one or both sides of the street depending upon the Commission's evaluation of current and projected pedestrian needs.

Private Sidewalks. For all developments other than single or two-family dwelling walkways shall be installed and maintained along at least one side of all off-street parking areas, entrance driveways and private roadways; providing for safe, pleasant, and efficient pedestrian passage and circulation between parking stalls and entrances to structures.

Handicapped Access. At least one means of access to all public and commercial buildings shall be provided to accommodate handicapped individuals. Ramp gradient, railings and surface materials and maintenance shall comply with applicable requirements of the Pennsylvania Department of Labor and Industry.

Public Sidewalk Standards. Public sidewalks and curbing in any public right-of-way are to be constructed in accordance with standards established in the West Homestead standards for construction.

Private Walkway Standards. Private walkways shall be constructed of concrete, pre-cast blocks, terrazzo (textured surface only), brick, flagstone, rubblestone, blackstone or other Borough approved material(s).

§ 27-1112 Driveways and Private Roadways.

[Ord. 560, 6/11/1996, Art. XI, § 12]

Location and Design. The location and design of private entrance, service and delivery driveways and/or roadways shall be in accordance with the Pennsylvania Department of Transportation, "Guidelines for Design of Local Roads and Streets," the West Homestead standards for construction and other applicable standards as may be established by the Borough.

Curbing. Public curbing shall be constructed of concrete and shall be installed in accordance with our Borough standards or construction in the public right-of-way along the sides of public roads as required to contain vehicular traffic, protect pedestrians and reduce maintenance or adjacent seeded or planted areas. Curbing may be eliminated or interrupted in approved areas to facilitate stormwater management design.

Roadway Markings. Center line markings and lane divider markings on all public and/or private roads, driveways and roadways shall be installed to guide and control vehicular traffic flow.

Parking Markings. Line markings shall be installed to define and control parallel and angle parking on all public or private roads, roadways, parking lots and driveways.

Paving Surfaces. All public and private roads, roadways, parking lots and driveway surfaces shall be paved with concrete or approved bituminous material.

Permit Required. A certificate of occupancy shall be required before any new driveway or private roadways is connected to any Borough street. The Zoning Officer may request assistance from the Borough Engineer as to determination of compliance with the standards herein.

Private Roadways Serving More than One Lot or Parcel. When a proposed private roadway is intended to provide access to a public street for more than one separate lot or parcel, the owner(s) of record of said lots or parcels shall cause to have recorded with the Allegheny County Recorder of Deeds office the following covenant, which shall run with the land in perpetuity:

"I (we), the owner(s) of the parcel of land, the deed for which is recorded at deed book volume _____, page _____, hereby state that access to this parcel of land from the public street will be by means of a private roadway and acknowledge and agree that the Borough of West Homestead has no obligation whatsoever to maintain in any manner said private roadway or to adopt or accept dedication of said roadway as a public street. This covenant shall run with the land and shall be binding on my (our) heirs, successors and assigns."

Prior to recording the instrument, owner(s) shall present the instrument to the Solicitor for review and shall, after recording, present satisfactory evidence to the Solicitor that the document was properly recorded. Upon advice from the Solicitor, the Zoning Officer shall process the application for certificate of occupancy for a private roadway.

§ 27-1113 Excavation, Grading and Site Preparations.

[Ord. 560, 6/11/1996, Art. XI, § 13]

Grading Statutes. All grading shall conform to all applicable federal, state and local statutes. This section augments Ord. 426, 5/16/1974, the "Borough of West Homestead Grading Ordinance" [Chapter 9] where a conflict between this chapter and Ord. 426 arises, the stricter requirement shall govern.

Grading Plan.

No change shall be made in the contour of the land, no grading, excavation, removal or destruction of the top soil, trees or other vegetative coverage of the land shall be commenced until such time as a plan for minimizing erosion and sedimentation has been filed with, reviewed by, and approved by the Borough or the Borough has determined that such plans are not necessary. Measures used to control erosion and reduce sedimentation shall, at a minimum, meet the standards and specifications of the Allegheny County Conservation District and the Borough Engineer and shall insure compliance with the appropriate specifications, copies of which are available from the Conservation District.

The following shall be considered in the development and review of the plan referenced above:

Stripping of vegetation, regrading or other development shall be done in such a way so as to minimize erosion.

Development plans shall preserve salient natural features, keep cut/fill operations to a minimum, and insure conformity with topography so as so create the least erosion potential and adequately handle the volume and velocity of surface water runoff.

Whenever feasible, natural vegetation shall be retained, protected and supplemented.

The disturbed area and the duration of soil exposure shall be kept to a practical minimum.

Disturbed soils shall be stabilized as quickly as practicable.

Temporary vegetation and/or mulching shall be used to protect exposed critical areas during development.

The permanent final vegetation and structural erosion control and drainage measures shall be installed as soon as practical in the development.

Provisions shall be made to effectively control runoff caused by changed soil and surface conditions before, during, and after construction. Where necessary, the rate of surface water runoff shall be structurally retarded.

Sedimentation. Whenever sedimentation is caused by stripping vegetation, regrading, or other development, it shall be the responsibility of the property owner to remove it from all adjoining surfaces, drainage systems and watercourses, and to repair any damage at his/her expense as quickly as possible.

Maintenance. Maintenance of all public roads, streets, parking areas, drainage facilities and water courses within any land development shall be the responsibility of the property owner until these improvements have been normally accepted by the Borough.

Watercourse. It is the responsibility of any person, corporation, or other entity performing any act on, or across, a communal stream, watercourse, or swale, or upon the floodplain or right-of-way thereof, to maintain as nearly as possible in its present state, the stream, watercourse, swale, floodplain or right-of-way during the pendency of the activity, and to return it to its original or equal condition after such activity is completed.

Maintenance of Drainage Courses. Maintenance of drainage facilities or watercourses originating and completely on private property is the responsibility of the owner to the point of open discharge at the property line or at a communal watercourse within the property.

Communal Stream Blockages. No person, corporation, or other entity shall block, impede the flow of, alter, construct any structure, or deposit any material or thing, or commit any act which will affect normal or flood flow in any communal stream or water course without having obtained prior approval from the Borough or Pennsylvania Department of Environmental Protection.

§ 27-1114 Stormwater Management Regulations.

[Ord. 560, 6/11/1996, Art. XI, § 14]

Stormwater Management Plan. The applicant shall submit, together with an application for site plan approval, a stormwater management plan, which is consistent with PA Act 167-1978. The plan shall use the rational method of design and shall provide for the detention of stormwater generated in a one-hundred-year flood storm for a duration of at least one hour. Stormwater studies and regulations produced by the Allegheny County Department of Planning, and other state, county, and federal agencies should also be considered.

Maximum Rates of Runoff. Stormwater management plans must assure that the maximum rate of stormwater runoff is no greater after development than prior to development activities, or alternative plans must manage the quality, velocity and direction of resulting stormwater runoff in a manner which otherwise adequately protects health and property from possible injury.

Retention and Detention. Approved methods of water detention/retention include, but are not limited to, the following:

Detention and/or retention ponds.

Grass, loose rock and landscaped absorption areas.

Subsurface drains and/or percolation fields.

Parking areas designed with restrictive stormwater inlets, or restrictive pipe sizes.

Roof retention.

Cisterns, covered ponds, dry walls, etc.

Rippled pavement, porous pavement, etc.

Topographic Information. The stormwater management plan shall include adequate topographic information indicating the existing and proposed direction of stormwater runoff and the existence of any ditches, streams, watercourses, or storm sewers within, or directly adjacent to, the land to be developed.

Applicable Requirements. Stormwater management facilities, sewer pipe, trenching, bedding and back-filling requirements shall conform to the requirements of the commonwealth.

Inlets. Storm inlets and structures shall be designed to be adequate, safe, self-cleaning, and unobstructed, and shall be consistent with West Homestead standards for construction.

End Walls or Discharge Points. End walls or discharge points shall be located to discharge into existing streams or watercourses with no damage to adjacent property. Design of end walls is to be approved by the Borough Engineer. Secure legal advice on discharge where private property may be violated.

§ 27-1115 Vegetation Preservation.

[Ord. 560, 6/11/1996, Art. XI, § 15]

Vegetation Preservation Regulations. No removal of trees, shrubbery, foliage, grass, or other natural growth shall be permitted, except in compliance with the provisions of this Part.

Clear-Cutting Prohibited.

The cutting of trees and clearing of vegetation for the sole purpose of clearing land, not incidental to imminent development, is prohibited.

In any district or use, no person shall cut, destroy, cause to be destroyed, move, or remove six or more trees with a trunk diameter of six inches or more measured three feet from the ground, without first obtaining written permission from the Zoning Officer.

The following requirements shall be met before permission is granted:

The applicant shall be the owner of the property or an authorized agent of the owner.

The applicant shall show that the proposed removal of natural growth is necessary for imminent development of the property, for agricultural purposes, or to improve the utility, appearance or safety of the property.

Adequate provision for the disposition of increased surface water drainage shall be shown to be provided. Such additional surface water drainage shall be controlled so as to prevent any increased and undue burden on adjacent streets, public or private property.

As a condition for approval of the removal of vegetation, the Zoning Officer may require that suitable replacement trees be planted elsewhere on the site.

Land Development. No alteration of vegetation incidental to development shall be undertaken, except in compliance with this chapter.

§ 27-1116 Landscaping Requirements.

[Ord. 560, 6/11/1996, Art. XI, § 16]

General. All districts.

Plantings shall compliment and accentuate the best feature(s) of the building(s) and site.

Plantings shall provide essential shade, effective cooling, sound and light control by screening and traffic control when required.

Planting shall be organized to minimize maintenance by:

Selecting hedge and screen plants which tolerate trimming and shaping.

Installing fences and screens located at the edge of paving, placed at least six inches inside outer edge of paving.

Treating major slope areas with an attractive, perennial, low maintenance ground cover.

Complying with the Borough's grading ordinance(s).

All front and side yard areas shall be seeded or sodded.

Ground cover shall normally consist of the following materials: seed, sod, derivative organic material, or an approved perennial alternative. Small rocks or gravel ground cover shall not be permitted. Large rocks, subject to approval, may be used to accentuate a landscape feature or as a part of an "oriental garden."

All required deciduous trees shall be a minimum of two inches in caliper measured at a point one foot above the ground and all required evergreen trees shall be a minimum of 2 1/2 inches in caliper measured at a point one foot above the ground. All trees shall be at least 4 1/2 feet in height and shall be supported by anchored guy wires.

During the site plan review process, the Commission may impose additional landscaping requirements not required herein, to provide for additional erosion control, buffer areas or screening.

It shall be the responsibility of the owner/applicant to assure the continued growth and maintenance of all required landscaping and/or in the event of frost, vandalism, or other reasons or discontinued growth to replace the same, consistent with the Borough-approved landscaping plan.

All proposed multi-family residential, commercial and industrial development or uses shall require a submission by the prospective developer and review and approval by the Commission of a landscaping plan for the development which has been drafted by a certified or licensed landscape architect or recognized commercial horticultural landscaper and which shall be drawn to scale indicating the type or variety and size of the proposed plantings and ground cover.

Residential Districts. In addition to the general landscaping requirements:

In all residential developments, at least one deciduous tree per dwelling unit shall be required, planted and maintained.

In all multi-family developments, one evergreen tree per each 10 lineal feet or fraction thereof of side and/or rear yard abutting any one of two-family residential district or use shall be required.

In all multi-family developments, at least 25% of the total gross square footage of the site shall be retained as landscaped and improved open space, details of which shall be included in the proposed landscaping plan for the development.

In addition, all off-street parking areas for proposed multi-family developments shall be separated from any street right-of-way by a five feet wide landscaped buffer strip which shall be situated not closer than three feet to any street right-of-way line, retained as additional "open space," details of which shall also be included in the proposed "landscaping plan" for the development.

Up to 20% of the basic landscaping requirement under Subsection 2A may be used to subdivide parking areas with landscaped islands.

Commercial and RDD. In addition to the general landscaping requirements:

At least one deciduous tree for each:

Five thousand square feet of gross floor area of commercial developments.

All transitional side or rear yards separating commercial uses from residential uses or districts shall require the installation of a densely planted landscaped buffer strip at least five feet in width and four feet in height consisting of at least one deciduous tree for each 2,000 square feet of paved area, and one evergreen tree for each five foot length of side and/or rear yard between the proposed use and the abutting residential district.

Within any such buffer strip a hedge, decorative masonry wall, landscaped mound or other durable landscape barrier shall be installed in such a manner as to screen the commercial uses from the residential uses or district.

For each 10 linear feet of any such buffer strip, the equivalent of two shrubs and one deciduous or evergreen tree shall be planted and maintained.

The remainder of any such buffer shall be improved with grass, ground cover, shrubs, or other approved landscaping materials.

The maximum height for any such barrier in a required front yard shall be four feet.

The minimum height for any such barrier in a required side or rear yard shall be 5 1/2 feet.

Any such buffer strip and/or barrier shall be permanently maintained in good condition, trimmed, and kept free of advertising, signs (except approved directional signs) and graffiti.

In all commercial developments of less than an acre in size, at least 10% of the total gross square footage of the site shall be retained as landscaped and improved open space, details of which shall be included in the proposed landscaping plan for the development.

In all commercial developments of more than one acre in size, at least 15% of the total gross square footage of the site shall be retained as landscaped and improved open space, details of which shall be included in the proposed landscaping plan for the development.

In addition, all off-street parking areas for commercial developments shall be separated from any street right-of-way by a five feet wide landscaped buffer strip which shall be situated not closer than three feet to any street right-of-way line, retained as additional open space, details of which shall also be included in the proposed landscaping plan for the development.

In addition, any commercial off-street parking area which contains more than 30 parking spaces shall be divided with landscaped planting strips which are at least three feet in width and have an area of at least 57 square feet in area, with at least one such strip for every 30 spaces or any fraction thereof, unless alternative plans have been approved by the Council. Each strip shall include at least one deciduous or evergreen tree and complimentary ground cover.

In addition, any proposed commercial development which is five or more acres in size shall include the following:

At least one deciduous or evergreen tree for every 10 parking spaces or fraction thereof.

In the case of parking areas which abut a thoroughfare right-of-way, at least one deciduous or evergreen tree for each 50 lineal feet or fraction thereof of perimeter abutting the right-of-way.

In addition to all other requirements contained herein, the parking areas for all commercial developments or uses shall generate the need for an area or combination of areas equal to at least 5% of the total paved area(s) (parking areas and driveways) which shall be devoted to landscaping within and/or around the perimeter of the off-street parking area.

Conditional Uses and Uses by Special Exception. Additional landscaping requirements may be imposed for conditional uses or uses by special exception in accordance with the specific conditions outlined for the use elsewhere under this chapter.

§ 27-1117 Special Recreation and Open Space Requirements.

[Ord. 560, 6/11/1996, Art. XI, § 17]

Special. Certain types of development shall require special open space and recreational amenities above and beyond the front, side, rear and bulk area requirements otherwise specified by this chapter. Developers of the following uses shall provide additional amenities to address these special needs:

All multi-family residential developments in excess of 20 dwelling units.

All senior citizen housing.

All public and institutional development.

Commercial development in excess of 125,000 square feet of floor area.

Recreation and Open Space Development Schedule. A plan and development schedule meeting the following requirements shall be submitted for facilities listed under this section in conjunction with the submission of the site plan:

Minimum size of any one recreational area which is being proposed for dedication to the Borough or use as a Borough park shall be 10,000 square feet.

A minimum of an additional 5% of the gross site area shall be developed as recreational space and/or improved/landscaped open space or the uses listed § 27-1116.1.

Location. Recreational facilities required under this section shall be located so as not to be detrimental to adjacent property owners by virtue of noise, light, glare, or any other objectionable features emanating therefrom.

Designation. Recreational areas which are proposed should be designated as public (proposed for dedication) or private. Private recreational areas should be accompanied by a brief narrative which outlines the proposed financing plan for development, on-going maintenance, and up-keep.

§ 27-1118 Illumination and Lighting.

[Ord. 560, 6/11/1996, Art. XI, § 18; as amended by Ord. 657, 2/8/2011, § 1]

Purpose. To require and set minimum standards for outdoor lighting to:

Provide for and control lighting in outdoor public places where public health, safety and welfare are potential concerns.

Protect drivers and pedestrians from the glare of non-vehicular light sources.

Protect neighbors, the environment and the night sky from nuisance glare and light trespass from improperly selected, placed, aimed, applied, maintained or shielded light sources.

Promote energy efficient lighting design and operation.

Protect and retain the intended visual character of the various municipality venues.

Applicability.

All uses within the municipality where there is interior or exterior lighting that creates a nuisance or hazard as viewed from the outside, including, but not limited to, residential, commercial, industrial, public and private recreational/sports and institutional uses, and sign, billboard, architectural and landscape lighting.

The municipality may require lighting be incorporated for other uses, applications and locations or may restrict lighting in any of the above uses or applications when health, safety and/or welfare are issues.

The glare-control requirements herein contained apply to lighting in all uses, applications and locations.

Temporary seasonal decorative lighting is exempt from all but the glare-control requirements of this section. Temporary seasonal decorative lighting is defined as temporary electrical power and lighting installations to be used to for holiday decorative lighting and similar purposes. Temporary decorative lighting shall not be permitted, or exist, for a period exceeding 60 days.

Emergency lighting, as may be required by any public agency while engaged in the performance of their duties, or for illumination of the path of egress during an emergency as described in NFPA 75 and NFPA 101, are exempt from the requirements of this section.

Definitions.

FOOTCANDLE

Unit of light density incident on a plane (assumed to be horizontal unless otherwise specified), and measurable with an illuminance meter, a.k.a., light meter.

FULL CUTOFF

Attribute of a luminaire from which no light is emitted at or above a horizontal plane drawn through the lowest light-emitting portion of the luminaire 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 luminaire. A full-cutoff luminaire, by definition, also is "fully shielded."

FULLY SHIELDED

Attribute of a luminaire from which no light is emitted at or above a horizontal plane drawn through the lowest light-emitting portion of the luminaire.

GLARE

Excessive brightness in the field of view that is sufficiently greater than that to which the eyes are adapted, to cause annoyance or loss in visual performance and visibility, so as to jeopardize health, safety or welfare.

ILLUMINANCE

Quantity of incident light, measured in footcandles.

LIGHT TRESPASS

Light emitted by a luminaire or installation, which is cast beyond the boundaries of the property on which the lighting installation is sited.

LUMEN

As used in the context of this section, the light-output rating of a lamp (light bulb).

SHIELDED

A luminaire from which no direct glare is visible at normal viewing angles by virtue of its being properly aimed, oriented, and located and properly fitted with such devices as shields, barn doors, baffles, louvers, skirts or visors.

Criteria.

Illumination Levels. Lighting, where required by this section, or otherwise required or allowed by the municipality or other applicable jurisdiction, shall have illuminances, uniformities and glare control in accordance with the recommended practices of the Illuminating Engineering Society of North America (IESNA), unless otherwise directed by the municipality.

Luminaire Design.

Luminaires shall be of a type and design appropriate to the lighting application and shall be aesthetically acceptable to the municipality.

For the lighting of predominantly horizontal surfaces such as, but not limited to, parking areas, roadways, vehicular and pedestrian passage areas, merchandising and storage areas, automotive -fuel dispensing facilities, automotive sales areas, loading docks, culs-de-sac, active and passive recreational areas, building entrances, sidewalks, bicycle and pedestrian paths, and site entrances, luminaires shall be aimed straight down and shall meet IESNA full-cutoff criteria. Luminaires with an aggregate rated lamp output not exceeding 500 lumens, e.g., the rated output of a standard non-directional 40-watt incandescent or ten-watt compact fluorescent lamp, are exempt from the requirements of this paragraph. In the case of decorative street lighting, the municipality may approve the use of luminaires that are fully shielded or comply with IESNA cutoff criteria rather than full cutoff.

For the lighting of predominantly non-horizontal surfaces such as, but not limited to, facades, landscaping, signs, billboards, fountains, displays and statuary, when their use is specifically permitted by the municipality, luminaires shall be shielded and shall be installed and aimed so as not to project their output into the windows of neighboring residences, adjacent uses, past the object being illuminated, skyward or onto a public roadway. Luminaires with an aggregate rated lamp output not exceeding 500 lumens, e.g., the rated output of a standard non-directional forty-watt incandescent or ten-watt compact fluorescent lamp, are exempt from the requirements of this paragraph.

Control of Glare.

All lighting shall be aimed, located, designed, fitted and maintained so as not to present a hazard to drivers or pedestrians by impairing their ability to safely traverse and, so as not to create a nuisance, by projecting or reflecting objectionable light onto a neighboring use or property.

Directional luminaires such as floodlights and spotlights, when their use is specifically approved by the municipality, shall be so shielded, installed and aimed that they do not project their output into the windows of neighboring residences, adjacent uses, past the object being illuminated, skyward or onto a public roadway or pedestrian way. Floodlights installed above grade on residential properties, except when motion-sensor actuated, shall not be aimed out more than 45° from straight down. When a floodlight creates glare as viewed from an adjacent residential property, the floodlight shall be required to be reaimed and/or fitted with a shielding device to block the view of the glare source from that property.

Illumination for signs, billboards, building facades and/or surrounding landscapes for decorative, advertising or aesthetic purposes is prohibited between 11:00 p.m. and dawn, except that such lighting situated on the premises for a commercial establishment may remain illuminated while the establishment is actually open for business, and until no more than 1/2 hour after closing. Such lighting shall be automatically extinguished using a programmable controller.

"Barn lights," a.k.a., "dusk to dawn lights," when a source of glare as viewed from an adjacent property, shall not be permitted unless effectively shielded as viewed from that property.

The use of floodlights and wall-mounted luminaires (wall packs) shall not be permitted to illuminate parking areas unless it can be proven to the satisfaction of the municipality that the employment of no other means is possible.

Parking facility and vehicular and pedestrian-way lighting (except for safety and security applications and all-night business operations), for commercial, industrial and institutional uses shall be automatically extinguished no later than 1/2 hour after the close of business or facility operation. When safety or security lighting is proposed for after-hours illumination, it shall not be in excess of 25% of the number of luminaires or illumination level required or permitted for illumination during regular business hours. When it can be demonstrated to the satisfaction of the municipality that an elevated security risk exists, e.g., a history of relevant crime, an appropriate increase above the 25% limit may be permitted.

Luminaires shall be automatically controlled through the use of a programmable controller with battery power-outage reset, which accommodates daily and weekly variations in operating hours, annual time changes and seasonable variations in hours of darkness. The use of photocells is permitted when in combination with the programmable controller to turn luminaires on at dusk and also for all-night safety/security dusk-to-dawn luminaire operation when such lighting is specifically approved by the municipality. The use of motion detectors is permitted.

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 luminaires, shields and baffles, and appropriate application of luminaire mounting height, wattage, aiming angle and luminaire placement.

(9)

The illumination projected from any use onto a residential use shall at no time exceed 0.1 footcandle, measured line-of-sight at any time and from any point on the receiving residential property.

(10)

The illumination projected from any property onto a nonresidential use shall at no time exceed 1.0 initial footcandle, measured line-of-sight from any point on the receiving property.

(11)

Except as permitted for certain recreational lighting and permitted elsewhere in this paragraph, luminaires shall not be mounted in excess of 20 feet above finished grade of the surface being illuminated. Luminaires not meeting full-cutoff criteria, when their use is specifically allowed by the municipality, shall not be mounted in excess of 16 feet AFG. Mounting height shall be defined as the distance from the finished grade to the surface being illuminated to the optical center of the luminaire. Where proposed parking lots consist of 100 or more contiguous spaces, the municipality may, at its sole discretion, based partially on mitigation of potential off-site impacts, allow a luminaire mounting height not to exceed 25 feet AFG. For recreational lighting maximum mounting height requirements, refer to "Recreational Uses" elsewhere in this section.

(12)

Only the flags of the United States and the Commonwealth of Pennsylvania shall be permitted to be illuminated past 11:00 p.m. Flag lighting sources shall not exceed 7,000 aggregate lamp lumens per flagpole. The light source shall have a beam spread no greater than necessary to illuminate the flag and shall be shielded so the light source (lamp and reflector) is not visible at normal viewing angles.

(13)

Under-canopy lighting for such applications as gas/service stations, hotel/theater marquees, fast food/bank/drugstore drive-ups and the like shall be accomplished using flat-lens full-cutoff luminaires aimed straight down and shielded in such a manner that the lowest opaque edge of the luminaire shall be below the light source and its light-directing surfaces, at all lateral angles around the luminaire. The average maintained illumination in the area directly below the canopy shall not exceed 20 initial footcandles and the maximum shall not exceed 30 initial footcandles.

Installation.

Electrical feeds for lighting standards shall be run underground, not overhead and shall be in accordance with the National Electrical Code (NEC) and National Fire Protection Association 70, (NFPA70).

Poles supporting luminaires for the illumination of parking areas and located within the parking area or directly behind parking spaces, or where they could be hit by snow plows or wide-swinging vehicles, shall be suitably protected by being placed a minimum of five feet outside the paved area or tire stops, or placed on concrete pedestals at least 30 inches high above the pavement, shielded by steel bollards or protected by other municipality-approved means.

Pole mounted luminaires for lighting horizontal tasks shall be aimed straight down and poles shall be plumb.

Poles and brackets for supporting luminaires shall be those specifically manufactured for that purpose and shall be designed and rated for the luminaire and mounting accessory weights and wind loads involved.

Pole foundations shall be designed consistent with manufacturer's wind load requirements and local soil conditions involved.

Maintenance. Luminaires and ancillary equipment shall be maintained so as to always meet the requirements of this section.

Billboards and Signs. The lighting of new, or the relighting of existing, billboards and signs shall require a Building Permit, which shall be granted when the municipality is satisfied that excessive illumination, light pollution, glare and light trespass have been adequately mitigated, and shall be subject to the following requirements:

Externally illuminated billboards and signs shall have luminaires mounted at the top of the billboard or sign and aimed downward. The luminaires shall be designed, fitted and aimed to shield the lamp and its reflective surfaces from off-site view and to place the light output onto, and not beyond, the sign or billboard. Lighting shall be by linear fluorescent unless it can be demonstrated to the satisfaction of the municipality that such a mounting arrangement is not possible. At no point on the face of the sign or billboard, and at no time, shall the illumination exceed thirty-vertical footcandles during hours of darkness.

Internally illuminated signs shall have a dark field and light message. The aggregate output of the light sources shall not exceed 500 initial lumens per square foot of sign face per side.

Channel letter signs shall have dimming capability to allow adjustment of sign brightness to meet local ambient conditions.

The illumination of billboards shall be limited to commercial and industrial zoning districts and the illumination of billboards within 400 feet of a residential use shall not be permitted.

Off-premises billboards and signs shall be extinguished automatically by a programmable controller, with astronomical and daylight savings time control, and spring or battery power-outage reset, by no later than 11:00 p.m. each evening until dawn, except that signs for establishments (not companies) that operate or remain open past 11:00 p.m. may remain on no later than 1/2 hour past the close of the establishment.

Rotating, traveling, pulsing, flashing or oscillating light sources, lasers, beacons, searchlights or strobe lighting shall not be permitted.

LED billboard and sign lighting shall only be permitted in commercial and industrial districts, shall be static, shall not be allowed to operate between 11:00 p.m. and dawn when located where visible from a residential district or use, and shall not be located within 1,000 feet of an approaching interchange or traffic merging lanes. Except for time and weather signs, the message shall not be permitted to change more than once each hour, The LED output shall be automatically reduced to a brightness level that does not create glare during hours of darkness.

The use of highly reflective signage that creates nuisance glare or a safety hazard shall not be permitted.

Residential Development Luminaire Placement.

For residential developments where lot sizes are, or average, less than 20,000 square feet, if the municipality so directs, street lighting shall be provided at:

The intersection of public roads with entrance roads to the proposed development.

Intersections involving proposed public or non-public major-thoroughfare roads within the proposed development.

The apex of the curve of any major-thoroughfare road, public or nonpublic, within the proposed development, having a radius of 300 feet or less.

Cul-de-sac bulbs.

Terminal ends of center median islands having concrete structure curbing, trees and/or other fixed objects not having breakaway design for speeds of 25 m.p.h. or greater.

Defined pedestrian crossings located within the development.

Where lot sizes permit the parking of less than three vehicles on the residential lot, thereby necessitating on-street parking.

At other locations along the street as deemed necessary by the municipality.

In residential developments with lots of less than 20,000 square feet, where five or more common contiguous parking spaces are proposed, such spaces shall be illuminated.

In multi-family developments, common parking areas of four spaces or greater shall be illuminated.

Recreational Uses. The nighttime illumination of outdoor recreational facilities for such aerial sports as baseball, basketball, soccer, tennis, track and field, and football typically necessitate higher than normally allowed luminaire mounting heights and aiming angles, utilize very high-wattage lamps and potentially produce unacceptable levels of light trespass and glare when located near residential properties. Permission to illuminate such facilities shall be granted only when the municipality is satisfied that the health, safety and welfare rights of nearby property owners and the municipality as a whole have been properly protected. When recreational uses are specifically permitted by the municipality for operation during hours of darkness, the following requirements shall apply:

Race tracks and such recreational venues as golf driving ranges and trapshooting facilities that necessitate the horizontal or near horizontal aiming of luminaires and projection of illumination, shall not be permitted to be artificially illuminated.

Sporting events shall be timed to end at such time that all lighting in the sports facility, other than lighting for safe exit of patrons and participants, shall be extinguished by 11:00 p.m. regardless of such occurrences as extra innings or overtimes.

The municipality reserves the right to limit the number of illuminated sporting events per week or season.

Maximum mounting heights for recreational lighting shall be in accordance with the following:

Basketball: 20 feet.

Football: 70 feet.

Soccer: 70 feet.

Lacrosse: 70 feet.

Baseball:

Two hundred feet Radius: 60 feet.

(b)

Three hundred feet Radius: 70 feet.

Miniature Golf: 20 feet.

Swimming Pool Aprons: 20 feet.

Tennis: 20 feet.

(9)

Track: 20 feet.

To assist the municipality in determining whether the potential impacts of proposed lighting have been suitably managed, applications for illuminating recreational facilities shall be accompanied not only with the information required under Subsection 7, below, but also by a visual impact plan that contains the following:

Plan views containing a layout of the recreational facility and showing pole locations and the location of residences on adjoining properties.

Elevations containing pole and luminaire mounting heights, horizontal and vertical aiming angles and luminaire arrays for each pole location.

Elevations containing initial vertical illuminance plots at the boundary of the site, taken at a height of five feet line-of-sight.

Elevations containing initial vertical illuminance plots on the windowed facades of all residences facing and adjacent to the recreational facility. Such plots shall demonstrate compliance with the light trespass and glare control requirements of this section.

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.

A narrative describing the measures proposed to achieve minimum off-site disturbance.

Plan Submission. Where site lighting is required by this section, is otherwise required by the municipality, or is proposed by applicant, lighting plans shall be submitted for municipality review and approval for subdivision and land development, conditional use, variance, building permit and special exception applications. The submitted information shall include the following:

A plan or plans of the site, complete with all structures, parking spaces, building entrances, traffic areas (both vehicular and pedestrian), existing and proposed trees, and adjacent uses that might be adversely impacted by the lighting. The lighting plan shall contain a layout of all proposed and existing luminaires, including, but not limited to, area, architectural, building entrance, canopy, soffit, landscape, flag, sign, etc., by location, orientation, aiming direction, mounting height, lamp, photometry and type.

A 10 feet by 10 feet illuminance grid (point-by-point) plot of maintained horizontal footcandles overlaid on the site plan, plotted out to 0.0 footcandles, which demonstrates compliance with the light trespass, illuminance and uniformity requirements as set forth in this section or as otherwise required by the municipality. When the scale of the plan, as judged by the municipality, makes a 10 feet by 10 feet grid plot illegible, a more legible grid spacing may be permitted.

Light-loss factors, IES candela test-filename, initial lamp-lumen ratings and specific lamp manufacturer's lamp ordering nomenclature, used in calculating the plotted luminance levels.

Description of the proposed equipment, including luminaire catalog cuts, photometrics, glare reduction devices, lamps, on/off control devices, mounting heights, pole foundation details, pole protection means and mounting methods.

Landscaping plans shall contain luminaire locations, demonstrating that the site lighting and landscaping have been coordinated to minimize conflict between vegetation and intended light distribution, both initially and at vegetation maturity.

When requested by the municipality, applicant shall also submit a visual impact plan that demonstrates appropriate steps have been taken to mitigate potential consequences of on-site and off-site glare and to retain the intended character of the municipality. This plan may require the inclusion of initial vertical footcandle values at specific off-site venues, e.g., bedroom windows of adjacent residential uses.

Plan Notes. The following notes shall appear on the lighting plan:

Post-approval alterations to lighting plans or intended substitutions for specified lighting equipment on the approved plan shall be submitted to the municipality for review and approval prior to installation. Requests for substitutions shall be accompanied by catalog cuts of the proposed equipment that demonstrate the proposed substitution is equal to or exceeds the optical quality and maintainability of the specified luminaires; and accompanied by a lighting plan, including a point-by-point plot, which demonstrates that proposed substitutions will result in a lighting design that equals or exceeds the quality of the approved plan.

The municipality reserves the right to conduct post-installation inspections to verify compliance with ordinance requirements and approved lighting plan commitments, and if deemed appropriate by the municipality, to require remedial action at no expense to the municipality.

All exterior lighting, including building-mounted lighting, shall meet IESNA full-cutoff criteria unless otherwise specifically approved by the municipality.

Installer shall notify municipality to arrange for inspection and approval of all exterior lighting, including building-mounted lighting, prior to its installation.

Compliance Monitoring.

Safety Hazards.

If the municipality judges a lighting installation creates a safety hazard, the person(s) responsible for the lighting shall be notified and required to take remedial action.

If appropriate corrective action has not been effected within 15 days of notification, the municipality may take appropriate legal action.

Nuisance Glare and Inadequate Illumination Levels.

When the municipality judges an installation produces unacceptable levels of nuisance glare, skyward light, excessive or insufficient illumination levels or otherwise varies from this section, the municipality may cause notification of the person(s) responsible for the lighting and require appropriate remedial action.

If the infraction so warrants, the municipality may act to have the problem corrected as in Subsection 7G(2) above.

Nonconforming Lighting. Any luminaire or lighting installation existing on the effective date of this section that does not conform with the requirements of this section, shall be considered lawful nonconformance.

A nonconforming luminaire or lighting installation shall be made to conform with the requirements of this section when:

Minor corrective action, such as reaiming or shielding can achieve conformity with the applicable requirements of this section.

It is deemed by the municipality to create a safety hazard or a nuisance.

It is replaced by another luminaire or luminaires or abandoned or relocated.

The number of existing luminaires is increased by 50% or more.

There is a change in use.

Regardless of the requirements of Subsection 9A above, when requested by the municipality, nonconforming luminaires and lighting installations shall be made to conform with the requirements of this section or removed within three years from the effective date of this section.

10.

Reporting of Violations and Penalties.

A violation, or suspected violation, of this section may be reported to the Borough through any of it officers, agents or employees, who shall report same to the Code Enforcement Official, designated as such by the Borough from time to time.

Any person or entity violating any of the requirements of this section may be issued a citation by the proper municipality official and upon conviction of same before the district justice shall be subject to a fine of not less than $50 nor more than $500, and/or imprisonment for not more than 30 days. Each day that a violation continues shall be deemed a separate offense and a separate fine may be imposed.

11.

This section shall take effect immediately.

12.

Conflict with Other Ordinances or Regulations. All prior ordinances of the Borough of West Homestead or parts of ordinances conflicting herewith are hereby repealed; however, such repeal shall not affect any act done or any liability or violation accrued under any such prior ordinance herein repealed or superseded and all such liabilities or violations shall continue and may be enforced in the same manner as if such repeal or supersession had not been made; and any offense or violation committed and the penalty or forfeiture incurred under such ordinance herein repealed or superseded may be prosecuted in the same manner as if this section had not been approved.

§ 27-1119 Utility Regulations.

[Ord. 560, 6/11/1996, Art. XI, § 19]

All utility (electric, telephone, cable TV, etc.) service for new structures and new subdivisions shall be underground.

§ 27-1120 Noise Regulations.

[Ord. 560, 6/11/1996, Art. XI, § 20]

Every use shall be operated so that noise shall be so muffled, or otherwise controlled, as not to become objectionable as a result of intermittence, beat frequency, impulse character (hammering, etc.), periodic character (humming, screeching, etc.) or shrillness.

§ 27-1121 Vibration Regulations.

[Ord. 560, 6/11/1996, Art. XI, § 21]

Every use shall be operated so that the ground vibration inherently and recurrently generated is not perceptible without instruments at property boundaries.

§ 27-1122 Air Pollution Regulations.

[Ord. 560, 6/11/1996, Art. XI, § 22]

No emission which violates the Air Pollution Control Act, January 8, 1960, P.L. 2119, as amended, shall be permitted.

§ 27-1123 Heat, Glare, Radiation, and Fumes Regulations.

[Ord. 560, 6/11/1996, Art. XI, § 23]

Every use shall be so operated that it does not emit an obnoxious or dangerous degree of heat, glare, radiation or fumes beyond the property boundaries.

§ 27-1124 Odor Regulations.

[Ord. 560, 6/11/1996, Art. XI, § 24]

No use shall emit an offensive odor as to be detectable from beyond property boundaries.

§ 27-1125 Government Regulations.

[Ord. 560, 6/11/1996, Art. XI, § 25]

All uses of land shall be governed by applicable municipal, county, state, and federal regulations regarding the above activities as well as other activities, (e.g., waste treatment and disposal, fire regulations, etc.).

§ 27-1126 Performance Standards for Temporary Uses.

[Ord. 560, 6/11/1996, Art. XI, § 26]

Temporary uses as outlined and regulated elsewhere in this chapter may be approved by the Zoning Officer through the issuance of a temporary certificate of occupancy (use) provided the following conditions are met:

Application Form. The property owner must complete a written application form provided by the Borough, together with a non-refundable application fee in an amount equal to that required normally for a certificate of occupancy (use) at least seven calendar days prior to the proposed use. Said application shall contain a complete description of the proposed use, location, off-street parking, and available sanitary facilities. Upon issuance, the certificate shall be displayed prominently on-site at all times throughout the term of the temporary use.

Definition. The proposed use must be temporary in nature, rather than permanent or protracted. Temporary use permits may be renewed provided a new application is made consistent with the other requirements of this section.

Renewals or Extensions. The temporary certificate of occupancy (use) may be renewed or extended in the following manner:

An application and an additional non-refundable fee are refiled by the applicant.

The Zoning Officer shall submit a recommendation to each member of the Board.

If any member of the Board wishes to object to the renal or extension, he/she must do so in writing within seven days of the date of issuance of the notice. If a proper challenge is made, the matter shall come before the full Board for approval. If no challenge is made by a member of the Board, the renewal or extension may be approved by the Zoning Officer.

In no event may a temporary use be extended or a period in excess of twice (2 x's) the original term of the previously approved temporary use.

Garage Sales. Garage sales, yard sales, and similar activities may be permitted within any district in which dwellings are a permitted use. Any individual or family may conduct not more than two such sales within any 12 consecutive calendar month period, only upon the property upon which he resides, and for a period not to exceed three consecutive calendar days. A permit shall not be required as long as the provisions of this chapter are met in-full. Where more than one residence participates in any such sale at one location, the activity shall be considered a group sale and as such shall require the issuance of a certificate of occupancy (zoning permit.)

Zoning Officer. The Zoning Officer must determine that the proposed use does not create a public nuisance, that sufficient off-street parking and/or loading spaces are available and that safe and efficient traffic movement is not impaired.

Maintenance of the Site. Applicants are responsible for keeping the property free of rubbish and debris at all times, as well as the collection of all rubbish and debris on adjacent properties and right-of-ways generated by the temporary use.

Additional Conditions.

The Zoning Officer may apply any additional conditions deemed necessary to protect adjacent properties from adverse effects, or to prevent the creation of a public nuisance.