The provisions of this article represent certain additional
regulations and standards that are common to all zoning districts
unless stated as pertaining to a specific district or uses stated
herein. These provisions are in addition to those established by the
applicable zoning district. In the event that the provisions of this
article conflict with other provisions of this chapter, the most restrictive
provisions shall apply.
[Added 11-17-2015 by Ord.
No. 2015-5]
A.
Purpose. It is the intent of this section to document historic
resources and preserve and protect certain significant historic resources
and associated properties within the Borough of Malvern that have
historical significance or a distinctive character recalling the historical,
architectural, residential, commercial, aesthetic, and cultural heritage
of the Borough, Chester County and the Commonwealth of Pennsylvania.
The documentation, preservation, and protection of historic resources
and associated properties is a public necessity and promotes the general
welfare for the citizens of the Borough of Malvern. The provisions
of this article are intended to:
(1)
Identify, designate, and develop historical context
for historic resources in the Borough;
(2)
Encourage the continued use and protection of historic
resources and facilitate their appropriate reuse in the context of
the Borough's Comprehensive Plan through reasonable incentives to
maintain existing overall aesthetics and relationships to existing
uses;
(3)
Discourage the unnecessary demolition of historic
resources, including their settings, landscapes and other similar
features by establishing a clear process whereby proposed demolitions
affecting historic resources are reviewed and, in certain circumstances,
may only proceed with the approval of the Borough Council;
(4)
Discourage the unnecessary deterioration and decline
of historic resources that lead to blighted conditions through the
implementation of regulations to prohibit and discourage demolition
by neglect;
(5)
Minimize adverse impacts on historic resources
by establishing standards to regulate the salvage, demolition, destruction,
and removal of historic resources through the implementation of the
standards contained herein;
(6)
Promote retention of historical integrity in the
context of proposed land use, subdivision, and land development proposals;
(7)
Ensure the proper documentation of historic resources
if their demolition or destruction is necessary or advisable; and
(8)
Provide information on historic preservation best
practices and incentives to property owners and residents.
B.
General provisions. The following provisions shall apply to
all parcels located in the Borough.
(1)
Compliance. Any demolition of all or part of a
historic resource as designated by this section shall occur only in
full compliance with the terms of this section and other applicable
regulations.
(2)
Historical overlay. The land parcel associated
with each historic resource included on the Official List shall be
deemed part of the historical overlay on any zoning district now or
hereafter enacted to regulate the use of land in the Borough of Malvern.
A land parcel associated with a historic resource shall be included
in its entirety and shall not be subdivided unless approved by the
procedures provided in this section.
(3)
Severability. Should any portion of this section
be revised as a result of legislative or administrative action or
judicial decision separate from and independent of the authority of
the Borough of Malvern, the zoning requirements and other regulatory
measures applicable to the property in question shall be those of
the underlying zoning district and shall remain in full effect without
consideration of this section.
(4)
Applicability. All property, including land, improvements
and appurtenances, associated with a historic resource are considered
part of the historical overlay and are governed by the provisions
of this section.
(5)
Other restrictions. It is not intended by this
article to repeal, abrogate, or impair any existing easements, covenants,
or deed restrictions. However, where this section imposes greater
restrictions, the provisions of this section shall prevail.
(6)
Review and certification of completeness. The Zoning
Officer shall review any application prepared by a property owner
or the Historical Commission pursuant to this section. Upon the Zoning
Officer's satisfaction that said application is complete, the Zoning
Officer shall certify the same upon the face of the document and give
notice of the certification to the applicant, the Historical Commission,
and the Borough Council. To the extent that any application is not
complete, the Zoning Officer shall provide an explanation to the applicant,
in writing, as to what items are missing or deficient within 10 days
of submission of the application to the Zoning Officer. No time period
or requirement arising out of the submission of any application shall
commence until such certification is granted by the Zoning Officer.
(7)
Records. The Borough Manager shall maintain a record
of all applications associated with the provisions of this section
including all final dispositions of the same.
(8)
Reimbursement of costs. Any costs incurred by the
Historical Commission, as agreed to in advance and in writing by the
applicant, to review the application and any plans or studies submitted
therewith to the Historical Commission shall be fully reimbursed by
the Applicant.
(9)
Status communication. The Zoning Officer, or such
other person or agency charged by the Borough Council with the enforcement
of the provisions of this section, shall review the progress and status
of the proposed demolition or use revisions as described in this section
and render such reports thereon to the Borough Council and to the
Historic Commission as may be necessary to ensure compliance with
the provisions of this section and the conditions of any approval
granted by the Borough Council.
(10)
Confidentiality of information. To the extent
that any party is required to provide information which is confidential
or proprietary, such party shall submit the required information separately
and mark each page of the confidential information conspicuously as
"CONFIDENTIAL." The Borough shall use reasonable efforts to maintain
the confidentiality of the same provided it is not already made public
by others. Alternatively, any party may provide redacted copies of
confidential documents, provided that the party shall make the redacted
information known to the Historical Commission or Borough Council
in a confidential manner upon request. The Zoning Officer shall not
treat the redaction of such information as a basis for rejecting any
application as incomplete.
(11)
Violations. In addition to other remedies available
under the Malvern Borough Code or other applicable law which shall
be cumulative to remedies described herein, any person, partnership
or corporation who or which has violated or permitted the violation
of the provisions of this section shall, upon being found liable therefor
in a civil enforcement proceeding commenced by the municipality, pay
a judgment equal to the market value or replacement value of the property
demolished or destroyed together with the costs of such enforcement
including, without limitation, court costs; professional services
such as engineering, surveying, and environmental investigations;
expert witness reimbursements and investigation fees; and attorney
fees. In addition, no permit for the construction of a new building
on the property shall be issued for a twelve-month period except as
may be necessary to address emergency conditions, deterioration which
would constitute demolition by neglect under this section, or in accordance
with any order issued by a court having jurisdiction. Because of the
irreplaceable nature of historic resources, injunctive relief may
be appropriate notwithstanding a lack of physical danger to the general
public. Except for the duly appointed representatives of the Borough
of Malvern acting as agents for the Borough, no person or entity shall
be entitled to demand or otherwise obtain injunctive relief under
this section.
(12)
Other permits and approvals. Review and approval
by the Borough of proposed work under the provisions of this article
shall be considered prerequisite to the issuance of any other permits
and approvals required by the Borough. The issuance of any approval
under the provisions of this article shall not relieve the applicant
from obtaining other permits or approvals required by the Borough.
(13)
APPLICATION
DEMOLITION
DEMOLITION BY NEGLECT
ECONOMIC HARDSHIP
HISTORIC RESOURCE, PROPOSED/HISTORIC RESOURCE, NOMINATED
OFFICIAL LIST
STRUCTURAL HISTORIC FABRIC
THIRD-PARTY DESIGNATED RESOURCES
Definitions and construction. For the purposes
of this section only, the following terms shall have the meanings
indicated:
A nominating application, an application for reclassification
or removal, an application for demolition of historic resource, or
either, or both, as context dictates.
The permanent destruction, removal, or dismantling of any
structural member or a substantial portion of any type of roofing,
cladding, siding, concrete or plaster edifice, or other visible, exterior
appurtenances, except when in the course of regular maintenance, repair,
and replacement for materials as required from time to time, (i) in
the context of a substantial alteration or addition to the property;
or (ii) without the intention to replace the same with materials such
that the end result of such replacement will have a visual appearance
which is substantially similar to the original form when viewed from
the exterior.
The absence of routine maintenance or repair that threatens
the structural or weather-tight integrity of an unoccupied building
that may lead to its eventual decay, deterioration, or destruction.
Denial of a permit would deny the applicant of all reasonable
beneficial use or return on the property.
Where context so indicates in this section, a parcel, building,
structure, object, monument, landscape or site which has been nominated
for designation as a historic resource may be referred to in this
section as the "nominated historic resource" or "proposed historic
resource" without presumption of the parcel's, building's, structure's,
object's, monument's, landscape's, or site's status as a historic
resource.
The Official List of Significant Historic Resources as established
and maintained pursuant to this section.
The exterior form of a historic resource, consisting of exterior
walls, front or side porches, and roof trusses.
Any building, site, structure or object listed individually
in the National Register of Historic Places; or any building, site,
structure, or object listed in the database of National Historic Landmarks;
or any buildings and structures classified as certified historic structures
by the Secretary of the Interior; or all buildings, sites, structures
and objects documented as contributing resources in a National Register
Historic District; or any resource or district which has received
a determination of eligibility by the Pennsylvania Historical and
Museum Commission; or any resources which are deemed by the Chester
County Historic Preservation Office to meet substantially the National
Register criteria under the County Certification Program.
C.
Additional duties of the Historical Commission. In addition
to the functions and duties established for the Historical Commission
elsewhere in the Malvern Borough Code[1] or promulgated by Borough Council from time to time, the
Historical Commission shall have the following responsibilities pursuant
to this section:
(1)
Maintain, in consultation with the Zoning Officer
and other Borough staff, the official list of significant historic
resources, including the tier of classification for each property
on the official list.
(2)
With a quorum of not less than 1/2 of the members
of the Historical Commission present and voting, provide recommendations
to the Borough Council concerning the proposed addition, reclassification,
or removal of a property as a historic resource on the official list
of significant historic resources.
(3)
Review and comment on subdivision and land development
applications which affect historic resources in accordance with the
requirements and procedures outlined in this section. To avoid confusion
or ambiguity, such subdivision and land development applications shall
be separate and apart from the nominating application and application
for reclassification or removal as described in this section.
(4)
Using internal Borough resources or external services
procured in accordance with applicable law and with the approval of
the Borough Council, document for posterity certain historic resources
which are to be demolished in whole or in part pursuant to this section.
(5)
Perform any other lawful activities at the direction
of the Borough Council that shall be deemed necessary by the Borough
Council to further the purposes of this section.
D.
Official List of Historic Resources.
(1)
Establishment. The Official List of Historic Resources
is hereby established of buildings, structures, objects, monuments,
landscapes, and sites in the Borough. The official list, as amended
from time to time by Borough Council in accordance with this section,
shall be available for public inspection in the Borough Administrative
Office. Initially, the Official List shall consist only of the current
Tier I Historic Resources as described herein together with those
Tier III Historic Resources designated in Exhibit A.[2]
[2]
Editor's Note: Said exhibit is on file in the Borough offices.
(2)
Tiers of designation. The Official List shall consist
of three classifications (or "tiers") of historic resources. Tier
I historic resources shall be those historic resources which are third-party
designated resources (to wit, any historic resource which is so certified
or designated by the federal government, the Pennsylvania Historical
and Museum Commission, or the Chester County Historic Preservation
Office). Tier II historic resources shall be those historic resources
so designated by the Borough Council. Tier III historic resources
shall be those historic resources so designated by the Historical
Commission or Borough Council.
(3)
Criteria for designation. Any nomination or application
for the designation, reclassification, or removal of a historic resource
or nominated historic resource shall be evaluated using the criteria
for designation listed herein. Except for third-party designated resources,
no building, structure, object, monument, landscape, or site shall
be placed on the official list pursuant to this section unless such
building, structure, object, monument, landscape or site satisfies
three or more of the criteria for designation.
(a)
Has significant character, interest or value as
part of the development, heritage or cultural characteristics of the
Borough, Chester County, region, commonwealth, or nation.
(b)
Is associated with the life of a person or history
of an organization of importance to the history of the Borough, Chester
County, region, commonwealth or nation.
(c)
Is associated with an event of importance to the
history of the Borough, Chester County, region, commonwealth or nation.
(d)
Embodies distinguishing characteristics of an architectural
style, vernacular type, or feat of engineering.
(e)
Is the noteworthy work of a designer, architect,
landscape architect, designer, or engineer whose work has significantly
influenced the historical, architectural, economic, social or cultural
development of the Borough, Chester County, region, commonwealth or
nation.
(f)
Contains elements of design, detail, materials
or craftsmanship which represent a significant innovation.
(g)
Is part of or related to a commercial center, park,
community or other distinctive area which should be preserved according
to an historic, cultural or architectural motif.
(h)
Owing to its unique location or singular physical
characteristic, represents an established and familiar visual feature
of the neighborhood, community or Borough.
(i)
Has yielded, or may be likely to yield, information
important in prehistory or history.
(j)
Exemplifies the cultural, political, economic,
social or historical heritage of the community.
(k)
In the case of structures, objects, or monuments,
the structure, object or monument has existed in its current form
or configuration for 50 years or more.
(4)
Designation of historic resources. A historic resource
may be added to the Official List through the process of designation
as described herein.
(a)
Designation of Tier I historic resources. The Historical
Commission shall monitor lists maintained in relation to third-party
designated resources for changes which would trigger designation or
reclassification of any historic resource as a Tier I historic resource
under this section. Any district, site, buildings, structures, and
objects which are a third-party designated resource at the time of
enactment of this section or hereafter shall automatically be designated
as a Tier I historic resource on the Official List.
(b)
Designation of Tier II historic resources. Any
proposed historic resource or designated Tier III historic resource
may be designated or reclassified as a Tier II historic resource upon
the approval of the Borough Council following the nomination, public
meeting, and public hearing requirements of this section.
(c)
Designation of Tier III historic resources. Any
proposed historic resource may be designated or reclassified as a
Tier III historic resource upon the approval of the Historical Commission
and Borough Council following the nomination, public meeting, memorandum
of designation, and appeal requirements of this section.
(5)
Historic resource reclassification and removal
from Official List.
(a)
Upgrades. Any Tier III historic resource may be
reclassified as a Tier II historic resource by the Borough Council
after a public hearing as required by this section. Any Tier III or
Tier II historic resource which is added to the National Register
of Historic Places or database of National Historic Landmarks shall
automatically be reclassified as a Tier I historic resource.
(b)
Downgrades. Any Tier I historic resource which
is de-listed or de-certified from all sources of third-party designation
at any time in the future shall automatically be reclassified as a
Tier II historic resource on the Official List. Any Tier II historic
resource may be reclassified as a Tier III historic resource, pursuant
to the approval of the Borough Council after a public hearing held
in accordance with this section.
(c)
Removals. Any Tier I, Tier II, or Tier III historic
resource may be removed from the Official List entirely upon the approval
of the Borough Council after a public hearing held in accordance with
this section.
(d)
Application for reclassification or removal from
Official List. The Borough Council, the Historical Commission, or
any owner of any historical resource on the Official List may propose
the reclassification or removal of any historical resource on the
official list by completing an application for reclassification or
removal.
[1]
Such application shall completely state, and provide
any requisite documentation for, the basis(es) which are suggested
by the applicant to justify the reclassification or removal of any
historic resource from the Official List.
[2]
No application fee shall be charged to file an
application for reclassification or removal from the Official List.
[3]
The Borough Council shall have no obligation to
act upon any application for reclassification or removal from the
Official List which is submitted by the Historical Commission. Unless
extended upon the approval of the Borough Council, any such application
which is not acted upon within 60 days shall be deemed rejected.
[4]
The Borough Council shall hold a public hearing
pursuant to this section within 60 days of the submission of any application
for reclassification or removal by the owner of a historic resource
and issue a decision on the same within 45 days of the conclusion
of such public hearing. In the event that the Borough Council fails
to hold such a public hearing, or fails to render its decision within
the time period specified, the application for reclassification or
removal as submitted by the owner of the historic resource shall be
deemed approved.
[5]
The Borough Council may refer any application for
reclassification or removal made by the owner of a historic resource
to the Zoning Hearing Board if such referral is required pursuant
to applicable law.
(6)
Nominations for designation of historic resources.
(a)
Nomination by Historical Commission. The Historical
Commission may, pursuant to a vote of its members, nominate any proposed
historic resource for designation as a Tier II or Tier III historic
resource pursuant to this section. In considering the nomination of
a proposed historic resource, and prior to any vote upon such nomination,
the Historical Commission shall substantially complete applicable
portions of the nominating application as described herein. Upon approval
of the nominating application by the Historical Commission, the Borough
shall notify the property owner of the Historical Commission's nomination,
provide a copy of the nominating application as prepared by the Historical
Commission, and give notice of the time, date, and location of the
public meeting to be held in accordance with this section.
(b)
Nomination by Borough Council. The Borough Council
may, by resolution, nominate any proposed historic resource for designation
as a Tier II or Tier III historic resource pursuant to this section
by instructing the Historical Commission to prepare a nominating application
as described herein. The Borough Council shall review and approve
the nominating application as prepared by the Historical Commission.
Upon approval of the nominating application, the Borough shall notify
the property owner of the Borough Council's nomination, provide a
copy of the nominating application as prepared by the Historical Commission
and approved by the Borough Council, and give notice of the time,
date, and location of the public meeting to be held in accordance
with this section.
(c)
Nomination by property owner. Any property owner
may nominate his or her own property for designation as a Tier II
or Tier III historic resource pursuant to this section by submitting
a nominating application to the Borough.
(d)
Nominating application. The nominating application
for any proposed historic resource as prepared pursuant to this section
shall include:
[1]
Recent photographs of the subject property;
[2]
A list and site plan of contributing elements and
noncontributing elements located on the subject property;
[3]
Justification, based upon the criteria for designation
described in this section, for the proposed addition, re-classification,
or removal of the subject property to, within, or from the Official
List;
[4]
An application fee payable to the Borough of Malvern
in an amount to be determined by Borough Council from time to time
and published upon the application form; and
[5]
A certification from the applicant(s), sworn under
penalty of perjury, that all holders of estates in the historic resource
or the parcel where the historic resource is located, including, without
limitation, any holder of a life estate, fee tail, future interest,
leasehold estate, or easement, is listed as an owner upon the application
and consents to the application as submitted.
(7)
Public meeting. Where any public meeting is required
under this section, such public meeting shall be held by the Historical
Commission pursuant to the following requirements:
(a)
Notice. The Historical Commission shall provide
notice of the date, time, and location of any public meeting:
[1]
Via the Borough's website; and
[2]
In writing to the owner of any proposed, nominated,
or existing historic resource which is to be discussed during the
meeting together with a copy of any nominating application or application
for reclassification or removal, as submitted, which caused the owner's
property to be listed for discussion at the public meeting.
(b)
Timeframe. Unless otherwise indicated in this section,
the Historical Commission shall hold the public meeting within 30
days of the Historical Commission's receipt of any complete or approved
nominating application or application for reclassification or removal.
Such period shall be extended only with the written consent of any
property owner who has submitted an application.
(c)
Opinion. Within 15 days of the completion of the
public meeting, the Historical Commission shall publish a written
opinion regarding the application under consideration during the public
meeting. Such opinion shall include findings of fact, and analysis
of the historic resource's, or nominated historic resource's satisfaction
of the criteria for designation as described in this section. A copy
of this opinion shall be sent to the property owner.
[1]
In the event that the Historical Commission's opinion
is to recommend that the proposed historic resource be designated
as a Tier III historic resource, the opinion shall be entitled as
a "memorandum of designation" and shall be sent to the Borough Manager
for review at the next regularly scheduled meeting of the Borough
Council. The memorandum of designation shall include a comprehensive
reference to and explanation for any reasonable objections raised
by the property owner or other interested members of the public at
the public meeting.
[2]
In all other cases, the Historical Commission's
opinion shall be forwarded to the Borough Council as the recommendation
of the Historical Commission with respect to the matters described
therein.
[3]
The Borough shall advertise a summary of any property
or properties which have been recommended for designation or reclassification
as a Tier II or Tier III historic resource in a substantially similar
method of advertising any proposed ordinance.
(d)
Effect of no meeting or no recommendation. In the
event that the Historical Commission fails to hold a public meeting
as required under this section or fails to issue its written opinion
within the time periods specified, such failure shall be deemed an
approval of the application before the Historical Commission; excepting,
however, that no nominating application for a Tier III historic resource
shall be deemed approved by the Historical Commission without a public
meeting and publication of a memorandum of designation as described
in this section.
[1]
For the purposes of determining the timeframe or
deadline for other proceedings under this section, the date of the
public meeting and publication of the opinion shall be deemed to be
the last regularly scheduled meeting of the Historical Commission,
which actually occurred and for which a quorum was present, prior
to the expiration of the time period for the public meeting.
(e)
Memorandum of designation for Tier III historic
resources. The Borough Council hereby provides for the limited and
specific delegation of its authority to designate Tier III historical
resources under this section subject to the following conditions:
[1]
The memorandum of designation must specifically
state the nature and extent of the historic resource to be designated
as a Tier III historic resource;
[2]
The memorandum of designation may be appealed upon
the demand of any owner of the property which is the subject of the
memorandum of designation, in which case the Borough Council will
hold a public hearing in accordance with this section and, upon the
conclusion of said public hearing, the Borough Council shall either
approve, approve with modifications, or reject the memorandum of designation.
[3]
If the memorandum of designation is not appealed
by the property owner, and is not rejected pursuant to a vote of Borough
Council at its next regularly scheduled meeting, the memorandum of
designation shall be deemed approved and the nominated historic resource
shall be formally designated as a Tier III historic resource.
(8)
Public hearing. Where any public hearing is required
under this section, such public hearing shall be held by the Borough
Council pursuant to the following terms and requirements:
(a)
Timeframe for public hearing. The public hearing
shall be held pursuant to the requirements of Section 609, Enactment
of Zoning Ordinance Amendments, Act 247, Municipalities Planning Code,[3] as amended.
[1]
If the nomination was made by the property owner(s),
the public meeting by the Historical Commission and public hearing
by the Borough Council shall both be held within 60 days of receipt
of the application, unless an extension of time is formally granted
by the applicant.
[2]
If the nomination was made by the Historical Commission,
the public hearing by the Borough Council shall be held within 60
days of the conclusion of the public meeting by the Historical Commission.
[3]
Editor's Note: See 53 P.S. § 10101 et seq.
(b)
Party status at public hearing. The granting of
party status for any public hearing shall be limited to those persons
or entities who demonstrate a substantial, direct, and specific interest
in the designation, reclassification, or removal of the historic resource
or proposed historic resource which is the subject of the hearing.
[1]
Any property owner of an adjoining parcel, or if
any portion of the parcel(s) owned by such property owner are located
within 250 feet of the historic resource or proposed historic resource,
shall be conclusively presumed to be entitled to party status. Without
invalidating this provision, the Borough Council may, at their sole
and revocable discretion, permit comment from interested members of
the public who do not have party status.
[2]
The Historical Commission shall be entitled to
present evidence as a party at any public hearing, provided that the
Historical Commission held a public meeting and published an opinion
on the matter within the applicable timeframes specified in this section.
(9)
Decision of Borough Council. Within 45 days of
the public hearing, the Borough Council shall render its decision
regarding the nomination, reclassification, or removal of any property
for addition to or removal from the Official List. In its decision,
Borough Council may designate, reclassify, or remove the historic
resource or proposed historic resource. Written notice of the action
taken by Borough Council shall be sent in writing to the property
owner and any other individual or organization requesting notification
in writing to the Borough.
(a)
Effect of no meeting or no decision. If the application
under review during any public hearing is made by the property owner(s)
in full compliance with the terms described herein, and Borough Council
fails to hold a public meeting or issue its decision within the applicable
timeframe(s), the application made by the property owner(s) shall
be deemed approved. If the nomination is made by the Historical Commission
or Borough Council and Borough Council fails to hold a public meeting
or issue its decision within the applicable timeframe(s), the application
shall be deemed denied.
(b)
Appeals. Any decision of the Borough Council under
this section shall be subject to review and appeal in the same manner
and within the same time limitation as is provided for zoning appeals
by the Pennsylvania Municipalities Planning Code, Act of July 31,
1968, P.L. 805, as amended, 53 P.S. § 10101 et seq.
(10)
Initially designated properties. As of the adoption
of this section, Borough Council has authorized the addition of certain
historic resources to the Historic Overlay District as indicated in
Exhibit A to this section.[4] Notwithstanding the procedures for nomination and addition
herein, the historic resources listed in Exhibit A shall be designated
as Tier III historic resources and may be subsequently upgraded, downgraded,
or removed in accordance with this section.
[4]
Editor's Note: Said exhibit is on file in the Borough offices.
E.
Incentives for historic resource properties.
(1)
Additional and multiple-use incentives. Properties
which are part of the Historic District Overlay shall be entitled
to the uses permitted in the underlying district as well as the following
additional uses as defined in this section:
(a)
(b)
Nonresidential districts. In the case where the
underlying district is not residential, the following uses shall be
permitted as follows:
(2)
Additional use definitions and terms. As used in
this section, the following uses shall be defined and subject to the
terms indicated as follows:
(a)
Residential district additional uses. For all uses
located in a residential zoning district, the following regulations
shall apply:
[1]
To the extent that proposed new off-street parking
would otherwise be visible from neighboring properties, such parking
areas shall be completely screened by plant material or a combination
of plant material, fencing, or berms to a height of at least four
feet.
[2]
There shall be no use of show windows or display
or advertising visible outside the premises, other than a single,
nonilluminated sign not exceeding two square feet.
[3]
No use shall be permitted which generates noise
perceptible at the property line.
[4]
Site lighting shall be designed to screen the source
of illumination and glare completely from adjacent properties.
(b)
Bed-and-breakfast. Bed-and-breakfast shall be considered
a low-impact home-based business and shall be subject to all applicable
standards of § 220-2412. If there is a conflict between
§ 220-2412 and this section, this section shall govern.
The following additional terms shall apply to the bed-and-breakfast
use pursuant to this section:
[1]
A bed-and-breakfast facility shall be permitted
only in single-family detached owner-occupied dwellings, or existing
buildings accessory thereto on the same property.
[2]
Notwithstanding any additional uses granted or
obtained under this section, the principal use of the property shall
remain that of a single-family dwelling.
[3]
No more than four guest rooms may be offered for
bed-and-breakfast purposes on any individual residential property.
[4]
There shall be provided one full bathroom (including
one toilet, wash basin, bath and/or shower) for each two guest rooms.
[5]
Length of stay shall not exceed seven uninterrupted
days for any guest.
[6]
Meals shall consist of breakfast only, and for
guests of the establishment only. Owners shall comply with all federal,
state, and local requirements for the preparation, handling and serving
of food.
[7]
Any amenities (swimming pool, tennis court, etc.)
shall be for the sole use of the resident owner and the bed-and-breakfast
guests.
[8]
The owner shall maintain a current guest register.
[9]
There shall be no kitchen or cooking facilities
in any guest suite.
(c)
Cultural center. "Cultural center" shall mean building
or facility to present cultural, scientific, or academic lectures
or performance or art displays to the general public by a nonprofit
entity. The following terms shall apply to the cultural center use
pursuant to this section:
[1]
The use shall be limited to one instructional class
at a time with not more than 10 students in the class and not more
than two instructors.
[2]
One off-street parking space shall be provided
in the amount equal to half of the permitted occupancy rate, with
a minimum of four off-street parking spaces.
(d)
Gallery or museum. "Gallery or museum" shall mean
a building or facility dedicated to the permanent or long-term installation
and presentation of articles of historical significance or artwork.
The following terms shall apply to the gallery or museum use pursuant
to this section:
(3)
Area and bulk incentives for Tier I and Tier II
historic resources. The requirements applicable to the underlying
zoning district relating to building area, impervious surfaces and
front, side, and rear yard setbacks may be modified by up to 15% with
respect to any property containing a Tier I or Tier II historic resource,
subject to the recommendation of the Historical Commission and the
approval of the Borough Council as follows:
(a)
The additional building area and impervious surface
coverages permitted by this section may not exceed 50% of the building
area of the historic resource.
(b)
Where the requested relief is determined by the
Borough Council to be essential to the preservation of the historic
resources because without such relief it would not be physically or
economically possible to maintain the historic resource, the Borough
Council may, by conditional use, reduce such requirements to a greater
degree than permitted by this section to protect the historic resource.
(4)
Criteria for evaluation of conditional use. In addition to the criteria listed in Article XXIX, no conditional use shall be granted unless the following requirements have been satisfied:
(a)
The applicant shall have the burden of demonstrating
that approval of the application will not jeopardize the preservation
of historic resource(s) contained on the property subject to application.
To sustain this burden the applicant shall present evidence demonstrating
the following:
[1]
Exact location of the area in which the work is
to be done.
[2]
The exterior changes to be made or the exterior
character of the structure to be erected.
[3]
A list of surrounding structures with their general
exterior characteristics.
[4]
The effect of the proposed change upon the general
historic and architectural nature of the property.
[5]
The appropriateness of exterior architectural features
of structures involved with the proposed work.
[6]
The general design, arrangement, texture, material,
scale, mass and color of any affected building, structure, or site
and the relation of such factors to similar features of other structures
on the property.
[7]
That rehabilitation work will not destroy the distinguishing
qualities or character of the historic resource and its environment.
[8]
Distinctive stylistic features or examples of skilled
craftsmanship shall be preserved.
[9]
The most current version of the Secretary of the
Interior's Standards for Rehabilitation of Historic Structures, as
amended, shall be used as a guideline in carrying out any plans involving
the rehabilitation, alteration, or enlargement of historic resource(s).
[10]
Where plans involving the rehabilitation, alteration,
or enlargement of the historic resource(s) will result in all or portions
of any such resource(s) remaining unoccupied, such unoccupied resources
shall be securely sealed and barred off and the utilities turned off
for safety, in a manner not jeopardizing historical integrity, as
per the most current construction techniques for historic structures.
[11]
A means to guarantee the protection of the historical
integrity of the subject resource(s), such as the establishment of
conservation easement(s) or appropriate covenants in a form acceptable
to the Borough Solicitor, shall be provided.
[12]
The applicant shall have the burden of proving
that the historical integrity of the historic resource has been provided
for through the design of the building improvements as well as through
implementation of buffering, landscaping, lighting, storage, access
and traffic management, interior circulation, loading, parking, fencing,
signage, and all other land development features.
[13]
The applicant shall have the burden of proving
that the grant of the application will not be destructive of the integrity
of the historic resource or detrimentally affect the value of surrounding
properties.
[14]
The applicant must comply with the parking requirements
for the proposed use as set forth in this article. The Borough Council
may prohibit any additional parking between the right-of-way and the
facade of the building if the Borough Council finds such parking would
negatively impact the historical integrity of the resource.
[15]
The applicant must comply with the requirements
of this chapter with respect to signage. The Borough Council may condition
approval on a reduction in the size of the signage if it finds that
the permitted signage will obstruct views required to assure the safety
of the public or to retain the historic nature of the property.
[16]
The Borough Council may attach conditions to achieve
the objectives set forth in this section and to promote the public
health, safety, and welfare, which conditions may relate to any aspect
of the proposed use of the property, including but not limited to
buffering, parking, signage, traffic volume and flow, hours of operation,
noise, and odor emissions.
[17]
Where the Borough Council waives any requirement
which thereby increases the rate or volume of stormwater generated
on the property, the additional rate and/or volume of runoff caused
by such waiver shall be controlled for the one-hundred-year storm.
(5)
Preauthorization of demolition plans for early
documentation at owner's request. The owner of any historic resource
as designated pursuant to this section may, upon written request to
the Historic Commission, request the documentation of the historic
resource(s) on the owner's property without submitting an application
for a demolition permit or otherwise triggering any requirement for
documentation under this section.
(a)
In the event that a property owner has requested
such documentation be undertaken, and to the extent that the Historical
Commission provides the owner with written confirmation that the documentation
has taken place, the owner may petition the Borough Council for the
preauthorization of one demolition plan. Borough Council may, in its
discretion, choose to grant such a petition for the preauthorization
for a period of up to 10 years from the date when documentation was
certified as performed by the Historical Commission. In granting any
petition for preauthorization, the Borough Council may impose reasonable
conditions on the same.
(b)
The Borough's Code Enforcement Official shall,
upon receipt of a compliant demolition permit, and upon reasonable
proof of any prior preauthorization and compliance with any conditions
of the same, as well as compliance with all other applicable codes,
laws, and ordinances, issue a demolition permit to the holder of such
preauthorization. There shall be no application fee due for any application
for a demolition permit provided that such application is filed together
with a valid preauthorization and further provided that the application
complies with the terms of the preauthorization and other applicable
laws, codes, and ordinances.
(c)
Any preauthorization granted under this section
shall remove the need for subsequent review by the Borough Council
pursuant to this section only. Such preauthorization shall not act
as a waiver of any other provision of federal or state law or other
local ordinance.
(d)
Nothing herein shall permit the owner of a historic
resource to proceed with demolition without submitting an application
for demolition and obtaining an approved demolition permit, or engage
in demolition by neglect for any reason whatsoever. Nothing herein
shall be deemed as a preemptive approval of such application or vested
right in the owner of any historic resource. No preauthorization issued
under this section shall be transferable to any third party.
F.
Demolition of historic resources. No person shall demolish,
in whole or in part, any historic resource on the official list except
as permitted herein and pursuant to a historic resource demolition
permit issued by the Zoning Officer.
(1)
Application for demolition of Tier III historic
resource. Any applicant may submit an application for demolition for
a Tier III historic resource. Such application shall include:
(a)
Information about the existing historic resource,
including:
[1]
Disclosure of any known history of the historic
resource and its contents;
[2]
Recent interior and exterior photographs of the
historic resource; and
[3]
A site plan showing property boundaries, the entire
footprint of all buildings, structures, plantings, driveways, and
other features, and historic resources on the property.
(c)
Written consent from any and all owners of the
property as may be required for the Historical Commission or their
designated agent(s) to document the exterior elements of the historical
resource by entering upon the premises where the historical resource
is located; taking photographs, video, and audio records of exterior
elements; and, subject to any exceptions indicated on the application
by the applicant, disturb any soil or remove any exterior finishes
as may be required to ascertain the age of or diligently investigate
the historical value of the historic resource.
(d)
An application fee to be determined from time to
time by the Borough Council and published upon the face of the application
form.
(e)
The application form shall include a separate,
optional consent for the Historical Commission to enter the interior
of any historic resource in coordination with the owner. Only the
exterior consent shall be mandatory in order to apply for demolition
of the historic resource and no applicant shall be required to provide
access to the interior of any historical resource in order to be granted
a demolition permit.
(2)
Application for demolition of Tier II historic
resource. Any applicant may submit an application for demolition of
a Tier II historic resource to the Borough. Such application shall
include all elements required for the application for demolition for
Tier III historic resources together with:
(a)
Additional information about the proposed demolition
and construction, including:
[1]
A condition assessment prepared by a registered
structural engineer or architect with demonstrated experience in historic
preservation;
[2]
Proposed future use of the site;
[3]
Timeline for implementation of the proposed future
use of the site; and
[4]
Conceptual renderings of proposed new construction.
(b)
Justification for demolition of the historic resource
including credible evidence regarding:
[1]
The amount paid for the property;
[2]
The most recent assessed value of the land and
improvements;
[3]
Any attempt to sell the property during the preceding
three years;
[4]
For depreciable properties, a pro forma financial
statement prepared by an accountant or broker of record that includes
the annual gross income from the property for the previous three years;
[5]
Itemized operating and maintenance expenses for
the previous three years;
[6]
Any depreciation deduction taken;
[7]
Annual cash flow before and after debt service,
if any;
[8]
Any consideration by the owner as to profitable
adaptive reuse of the property;
[9]
The current form of ownership and operation of
the property, whether an individual, for-profit or not-for-profit
corporation, limited partnership, or joint venture;
[10]
A cost estimate of proposed rehabilitation work
and demolition;
[11]
The estimated market value of the property in
its current condition and after completion of the proposed construction,
alteration, or demolition;
[12]
A financial summary of operations and maintenance
costs for any adaptive uses considered;
[13]
Any listing of the property for sale or rent including
price asked and offers received during the past three years;
[14]
The remaining balance on any mortgage or other
financing secured by the owner or applicant and annual debt service,
if any, for the previous three years;
[15]
Copies of all appraisals obtained within the previous
three years by the owner or applicant in connection with the purchase,
financing, or ownership of the property;
[16]
Uses permitted within the underlying zoning district,
either as permitted uses, special exception uses, or conditional uses,
have been denied, are not feasible due to constraints created by the
historic resource, or do not provide a reasonable economic return
based on a reasonable initial investment;
[17]
That the razing and removal of the historic resource
will not adversely impact the significance, or structural or aesthetic
integrity, of any adjacent historic resource; and
[18]
That the applicant has not contributed to the
existing conditions, either through neglect or prior renovation, conversion,
alteration or similar physical action.
(3)
Application for demolition of Tier I historic resource.
Any applicant may submit an application for demolition of a Tier I
historic resource to the Borough. Such application shall include all
elements required for the application for demolition of a historic
resource for Tier II historic resources together with:
(a)
Written authorization from the United States Department
of the Interior and any other governmental agency or authority as
may be required by law, expressly authorizing the specific steps described
in the application for demolition of historic resource.
(b)
Compelling evidence that the demolition of the
Tier I historic resource as described in the application is absolutely
necessary to preserve public safety, preserve other more significant
historic resources, or otherwise required by law.
(4)
Procedures for demolition of a historic resource.
Upon the certification of the Zoning Officer that any application
for demolition is complete, the Zoning Officer shall notify and provide
a complete copy of said application to the Historical Commission and
Borough Council.
(a)
Documentation procedures. Upon the Zoning Officer's
certification that any application for demolition of any historic
resource is complete, to the extent authorized in the application
for demolition, the Historical Commission shall take steps to immediately
enter the premises of the historic resource pursuant to the consent(s)
provided in the application for demolition and document for posterity
the historic resources which are located therein as described in this
section.
(b)
Tier III historic resources. No demolition of historic
resources permit shall be issued until the earlier of:
[1]
Twenty days from the date when the Zoning Officer
certified the application for demolition as complete; or
[2]
The Zoning Officer's receipt of written notice
from the Historical Commission that documentation efforts with respect
to the Tier III historic resource which is the subject of the application
for demolition have been completed.
(c)
Tier I and Tier II historic resources. No demolition
of historic resources permit shall be issued for the demolition of
any Tier I or Tier II historic resource without the approval of the
Borough Council issued after a public hearing held in accordance with
this section.
(d)
Criteria for review. In reviewing any application
for demolition where such review is required pursuant to this section,
the Borough Council shall consider the matters required to be addressed
in the application for demolition for historical resources of the
specific classification of the subject property together with:
[1]
The impact of the proposed demolition on the historical
importance and architectural integrity of the historic resource(s)
on the subject property;
[2]
The impact of the proposed demolition on the historical
importance and architectural integrity of adjacent historic resources
and contributing resources;
[3]
Economic hardship;
[4]
Property condition;
[5]
Feasibility for adaptive reuse of historic resources;
[6]
Design compatibility of proposed new construction
with adjacent historic resources and the surrounding neighborhood;
[7]
Reasonable alternatives to demolition the structural
historic fabric of the historic resource; and
[8]
The extent to which the nature and timeline for
the proposed future use is speculative.
(e)
Conditional approval. In approving any application
for demolition of a historic resource, the Borough Council may impose
conditions which would protect the distinctive historic character
of the building, site, or area that is proposed to be changed.
[1]
Refusal of conditions. In the event that an approval
is granted subject to conditions, the applicant may, within 10 days
after receiving a copy of the official written communication from
the Borough Council, give notice of his or her refusal to accept one
or more of the conditions, in which case the Borough Council shall
be deemed to have denied the application for demolition. In the event
the applicant does not, within the said period, notify the Borough
Council of his or her refusal to accept one or more of the said conditions,
the approval, with all conditions, shall stand as granted.
G.
Demolition by neglect of historic resources. When a historic
resource is vandalized in the absence of reasonable measures by the
property owner to discourage or prevent such vandalism, or is improperly
maintained as to allow excessive decay or ruin, it shall be considered
demolition by neglect. In order to prevent such demolition by neglect,
the following provisions shall be applicable to historic resources
of any classification.
(1)
Criteria. Demolition by neglect of a historic resource
shall be deemed to have occurred if the structure is unoccupied and
exhibits two or more of the following:
(a)
Roof failure or deterioration of roofing material
is apparent;
(b)
Substantial rot, collapse, or decay is visible
on the exterior of the building;
(c)
Broken windows are present;
(d)
Unsecured entrances are visible or reported;
(e)
Vegetative growth is allowed to damage building
fabric;
(f)
Mold, moss or mildew is visible on building surfaces;
(g)
Loss of the exterior building envelope is evident.
H.
Procedure in cases of demolition by neglect.
(1)
Statement of concern. The process for declaration
of demolition by neglect of any historic resource may be initiated
by any concerned resident or property owner of the Borough. Said resident
or property owner shall notify the Borough of their concern by preparing
a written statement and submitting said statement to the Borough Office.
(2)
Notice of inspection. At a regular or special meeting,
the Historical Commission shall make arrangements to have the property
examined by an inspection team. The property owner shall be notified
in writing by certified mail of the date and time of the inspection
at least 10 days prior to the inspection.
(3)
Inspection. On the scheduled date and time for
inspection, the inspection team shall enter the property to evaluate
conditions of the property and investigate the allegations set forth
in the statement of concern. An inspection of the interior of any
building subject to a notice of inspection for demolition by neglect
may be conducted if the property owner, or authorized agent, is present;
otherwise, only the exterior of the building will be examined. If
the building is occupied, the Codes Enforcement Officer shall determine
whether conditions warrant a code enforcement action to protect the
health, safety and welfare of its occupants and the general public.
If the owner refuses to allow entry into the building, and the Codes
Enforcement Officer believes that an internal inspection is necessary,
an administrative search warrant shall be requested from the Magisterial
District Justice.
(4)
Inspection report. The inspection team shall gather
information, including photographs, sufficient to convey the condition
of the historic resource to the Historical Commission and the Borough
Council.
(5)
Review by the Historical Commission. Within 30
days of the inspection, at its regular meeting or a special meeting,
the Historical Commission shall review the results of the inspection.
The property owner or authorized agent shall be notified of the meeting
and encouraged to present evidence and testimony pertaining to the
claim of demolition by neglect. The Historical Commission shall determine
if the historic resource has been vandalized or improperly maintained
so as to cause excessive decay or ruin taking into account the following:
(a)
The condition of significant architectural features
that contribute to the historic importance and/or architectural integrity
of the historic resource.
(b)
Whether the property owner has made a reasonable
effort to properly stabilize and secure the property.
(c)
Whether there is any current reasonable use of
existing buildings on the property.
(d)
Whether property maintenance and stabilization
represents a financial hardship for the property owner.
(e)
Any future plans of the property owner for alternative
uses of the property.
(6)
Recommendation of the Historical Commission. Within
30 days of its meeting, the Historical Commission shall forward written
findings to the Borough Council relative to the claim of demolition
by neglect addressing the criteria outlined in this section.
(7)
Final decision on demolition by neglect.
(a)
Within 30 days of receipt of the report, the Borough
Council shall review the findings of the Historical Commission. The
property owner shall be given 10 days' notice of the Borough Council
meeting. The Borough Council shall consider the report of the Historical
Commission as well as any evidence, reports or testimony of interested
parties and shall render a decision as to whether or not a demolition
by neglect has occurred. The decision shall consist of one of the
following based on the evidence and testimony presented:
(b)
The Borough Council shall, within 15 days of the
aforesaid public meeting, send official written communication of its
decision to the property owner including required actions.
(8)
Initial action required of property owner. If the
final decision of the Borough Council is that a demolition by neglect
has occurred, the decision shall indicate what measures shall be taken
to rectify the situation including an initial action with a deadline
for compliance of 60 days. For unoccupied properties, the initial
action shall be to adequately secure and stabilize the property and
turn off utilities. If the deadline for initial action passes without
compliance by the property owner, the Borough Council shall take additional
action including one or more of the following:
(a)
Granting a deadline extension if the property owner
has demonstrated due diligence in correcting adverse conditions;
(b)
Code enforcement including fines; or
(c)
An agent for the Borough may enter the property
to secure and repair adverse conditions with a lien placed on the
property to recover costs and expenses.
(9)
Additional actions required of property owner.
After the initial action one or more of the following additional actions
with deadlines for compliance may be required of a property owner
when the Borough Council determines that a demolition by neglect remains
in effect:
(a)
Unoccupied historic resources shall be properly
secured at the property owner's expense in accordance with the National
Park Service Preservation Brief #31 and utilities turned off.
(b)
The property owner, or authorized agent, shall
apply for a demolition permit consistent with this section.
(c)
A designated agent for the Borough shall enter,
repair and secure the historic resource to prevent further deterioration
with costs to be recovered from the owner through a lien placed on
the property.
(d)
If conditions warrant, code enforcement action
with the findings of the Historical Commission and Borough Council
forwarded to the proper authority.
(e)
Preparation of archival documentation for the historic
resource as set forth in this section.
(10)
Periodic inspections. Throughout the course of
proceedings the Borough Council may require periodic inspections of
the property to monitor conditions and ensure compliance. The interior
and exterior of the historic resource shall be inspected periodically
by the Building Inspector, a member of the Historical Commission,
and the owner or a designated agent to determine compliance.
I.
Emergency measures. In the event that a historic resource is
damaged by casualty and the owner does not take steps necessary to
stabilize and protect the historic resource until either restoration
proceeds or a permit for demolition is issued, the Borough may enter
the property and repair and secure the historic resource to prevent
further deterioration with costs to be recovered from the owner through
a lien placed on the property.
J.
Documentation of historic resources.
(1)
Contents. The documentation required for a historic
resource may depend on the nature of the resource to be demolished.
The Historical Commission may prepare or procure documentation and
recordation of any or all of the following:
(a)
A detailed description of the historic resource
and its context, including topography, vegetation, landscaping, driveways,
structures and features;
(b)
A detailed site plan of the historic resource;
(c)
Measured floor plans, if applicable, and exterior
elevations;
(d)
Measured drawings of individual elements of the
historic resource;
(e)
Comprehensive photographic record of the major
exterior elevations, general photographs of each room, and individual
photos of significant decorative elements. Photographs may be black
and white or color, and/or in digital format, so long as any prints
are of archival quality;
(f)
Chain of title or other information related to
the history of the historic resource;
(g)
Documentation of prior uses and historical events
associated with the resource;
(h)
A statement of the significance of the historic
resource and its context to the Borough and environs.
(2)
Professional preparation. Such documentation, if
required by the Historical Commission, shall be prepared by a person
or firm with experience and qualifications relating to historic resource
documentation.
(3)
Submission. Two copies of such documentation, all
of which shall be of quality and scale acceptable to the Historical
Commission, shall be delivered to the Historical Commission for review
and approval.
(4)
Acceptance. Upon approval by the Historical Commission,
one copy shall be forwarded to the Borough Zoning Officer with evidence
of such approval to be added to the property information on file.
The second copy shall be retained in the records of the Historical
Commission.
(5)
Procurement and costs of documentation of historic
resources. The Historical Commission shall coordinate, and the Borough
shall pay for, the performance of documentation efforts including
selecting and engaging any professional(s) to conduct the same.
(a)
The property owner shall provide any reasonable
information requested by the Historical Commission or their engaged
professional in the performance of these tasks.
(b)
To facilitate and expedite the gathering of documentation
of historic resources, the Historical Commission shall solicit standing
proposals annually from no fewer than two qualified professionals.
Such proposals shall be itemized for typical tasks which are contemplated
as part of the documentation requirements under this section with
modifications possible for unusual or extraordinary tasks as may be
required based on the nature of the documentation or the nature of
the historic resource.
(c)
The selection and retention of any professional(s)
to perform documentation as required under this section shall be at
the sole discretion of the Historical Commission. The Borough Council
may limit or direct this discretion via resolution.
(d)
In the event that any property owner is determined
to have engaged in demolition by neglect under this section, then
the property owner shall pay to the Borough any costs incurred by
the Borough in producing the documentation as required under this
section, subject to a maximum limit of $1,000.
[1]
Should the property owner fail to make payment
in full against these costs within 30 days of written demand for the
same by the Borough, then each subsequent day after the expiration
of such time period shall constitute a separate offense hereunder.
[2]
In addition to any other remedy available under
this chapter, the Code of the Borough of Malvern, the Pennsylvania
Borough Code, or other applicable law, the Borough may bring an action
to enforce the repayment requirements described above before a magisterial
district judge in the form of a summary offense, subject to a fine
of $1,000 per offense.
K.
Integrity of the historic setting.
(1)
Purpose. The subdivision or land development of
a lot which contains a historic resource shall be accomplished in
such a manner that the resulting lot that will contain the historic
resource preserves the integrity of the historic setting and effective
use of the historic resource. A goal of the Borough shall be to preserve
outbuildings, significant site features, immediate yard areas, and
public views associated with the historic resource and preserve or
create public views of the historic resource.
(2)
Historical Commission responsibilities. Review
and recommendations regarding the historic resource, its subdivided
lot, the effect on adjoining parcels which contain previously identified
historic resources, and the proposed land development shall be made
by the Historical Commission to the Planning Commission and the Borough
Council within the prevailing timeline of the subdivision and land
development process.
(3)
Lot size and configuration. The size and configuration
of the subdivided lot shall depend upon the historic resource and
the characteristics of the landscaping of the subdivided lot and adjacent
lots. Lot boundaries shall conform to the lines of identifiable landscape
features on the site. The Borough may require that a lot size be increased
above the minimum lot size for the zoning district in which the resource
is located in order to preserve and protect a historic resource.
(4)
Density bonuses. No density bonuses shall be granted
to properties where a historic resource has been demolished or demolished
by neglect by the current owner in contravention of this section.
A.
An existing lot that complies with the area and dimensional
standards of the zoning district in which it is located shall not
be reduced in size so that the minimum lot area and/or dimensional
requirements of this chapter are no longer met.
B.
An existing lot that does not comply with the minimum lot area
standards shall not be subdivided.
C.
A lot that does not comply with the minimum dimensional standards
shall not be subdivided so as to further reduce the nonconforming
standard or create a new nonconforming condition.
A.
Corner lots shall require a front yard on each street which
the corner lot abuts as provided for in the lot area and bulk requirements
for the district in which the lot is located. The yard opposite the
front lot line having the official designated property address shall
be considered the rear yard, and the remaining yard shall be considered
the side yard.
B.
Where an unimproved lot of record is situated on the same street
frontage and within 250 feet of two or more improved lots, or one
unimproved and one improved lot, the front yard requirements for the
district may be modified so that the front yard shall be the average
of the existing and required front yards.
C.
Front yard. No structures or uses shall be permitted within
required front yard areas except for driveways, sidewalks, and any
signs expressly permitted by this chapter, and as expressly permitted
according to the following conditions:
(1)
Awnings or removable canopies shall not project
more than four feet over a public walkway and the lower edge of such
projecting structure shall not be less than eight feet above the level
of such walkway.
(2)
Bay windows, balconies, patios, or unroofed porches
may project a maximum of four feet into a required front yard.
(3)
Arbors, open trellises, and unroofed steps shall
be permitted with no restrictions. No other permanent structure shall
project into the front yard.
D.
Side and rear yards. No structures or uses shall be permitted
within required side and rear yard areas except for driveways, sidewalks,
and any accessory uses or signs expressly permitted by this chapter,
and as expressly permitted according to the following conditions:
(1)
Open fire escapes, bay windows, balconies, patios,
or unroofed porches may project a maximum of four feet into a required
yard.
(2)
A projection from a building, using such building
for support, but not being enclosed or part of the living area of
such structure, may extend into the required yard not more than 15
feet, provided that no projection shall extend closer than five feet
to any lot line. Such projections may include overhanging eaves, gutters,
cornices, chimneys, decks, or patios.
E.
Commercial and industrial. For commercial and industrial districts
and uses, the following shall apply for projections into required
yards in addition to the above standards with the exception of § 220-2303D(2):
(1)
No projection, including those cited in the previous
subsections, shall obstruct pedestrian or vehicular circulation, visibility
or access to buildings by emergency vehicles.
(2)
No portion of a projection shall be located within
four feet from a curbline, with the exception of awnings, marquees,
or canopies, and the lower edge of such projecting structure shall
not be less than eight feet.
Each lot in any district shall have a minimum width at the street
line of not less than 65% of the required lot width at the building
setback line.
The front yard areas of all residential uses shall be maintained
mainly as pervious surfaces, covered by vegetation and/or mulching
in order to minimize soil erosion, except that paved sidewalks may
be provided across the width of the property and from the street to
the residence, and a paved driveway and parking area up to 20 feet
wide and an adjacent turnaround may be provided within the front yard
area.
No obstructions to visibility at intersections shall be permitted.
No fence, wall, or other structure shall be erected, allowed, or maintained
and no hedge, tree, shrub, or other growth shall be planted or allowed
to exist that obstructs required sight distance at street intersections,
vision for through traffic at private streets, driveways, street intersections
or along streets. A clear sight triangle shall be maintained in accordance
with the standards set forth in the Malvern Borough Subdivision and
Land Development Ordinance.[1]
The intent of the provisions in this section is to minimize
the off-site impact of lighting while providing for lighting that
is sufficient for safe use of a property. The following standards
shall apply in regard to outdoor lighting in the Borough:
A.
Applicability.
(1)
Outdoor lighting shall be required for the purpose
of safety and personal security in areas of public assembly and traverse,
including, but not limited to:
(a)
Parking areas of multifamily, commercial, and industrial
uses.
(b)
Loading facilities of commercial and industrial
uses.
(c)
At the ingress and egress of parking areas for
multifamily, commercial, and industrial parking areas.
(d)
At street intersections.
(e)
The Borough Council may require lighting to be
incorporated for other uses where personal security and safety reasons
warrant.
(2)
Outdoor lighting may be used for additional purposes
such as security and safety for residential, commercial, and industrial
uses.
(3)
The requirements herein apply to all uses and situations
mentioned above, as well as, but not limited to, signs, security,
landscaping, and residential lighting.
B.
Plan submission.
(1)
Lighting plans shall be submitted to the Borough
for review and approval with all applications for conditional uses,
special exceptions, variances, and subdivision and land development
plans. Additionally, the Borough Zoning Officer may require the submission
of a lighting plan with any building permit application. The required
lighting plan shall include the following information:
(a)
A site plan containing a layout of the proposed
fixture locations and type.
(b)
Catalogue cuts and photometrics for each light
fixture, the method of energizing each light fixture, a listing of
the hours of operation and a plan showing the photometrics for the
entire site, based upon the proposed placement of the light fixtures.
A description of glare reduction devices, lamps, control devices,
mounting heights, pole foundation details, and mounting methods, as
appropriate for each fixture, should also be included.
(2)
Post-approval alterations to lighting plans shall
be submitted to the Borough for review and approval.
(3)
The Borough reserves the right to conduct a post-installation
nighttime inspection to verify compliance with the requirements of
this chapter, and if appropriate, to require remedial action at no
expense to the Borough.
C.
Illumination levels. Lighting, where required by this chapter,
shall have intensities and uniformity ratios in accordance with, but
not limited to the following examples:
|
Use/Task
|
Maintained Footcandles
(average)
|
Uniformity Ratio
(average/minimum)
| |
|---|---|---|---|
|
Pedestrian walkways
|
0.5 average
|
5:1
| |
|
Local commercial streets, intersections of streets, parking
areas
|
1.0 average
|
6:1
| |
|
Local residential streets, intersection of streets, parking
areas
|
0.4 average
|
4:1
| |
|
Parking, multifamily
|
0.4 minimum — 1.0 maximum
|
4:1
| |
|
Parking, commercial/industrial
|
0.6 minimum — 1.2 maximum
|
4:1
| |
|
Illuminated signs
|
0.6 average
|
6:1
| |
|
Recreational uses/parks
|
0.6 minimum
|
4:1
| |
|
Institutional activities
|
1.0 average
|
4:1
|
D.
Design standards.
(1)
Floodlighting and outdoor lighting in all districts,
whether or not required by this chapter, shall be diffused, directed,
shielded, located, designed, and maintained in such a manner as not
to present any hazardous situations for passing vehicular or pedestrian
traffic or create a nuisance by objectionable light projected beyond
its lot line onto a neighboring use or property.
(2)
All outdoor lighting shall be shielded to eliminate
glare beyond an angle of 35° from a vertical plane and no glare
shall be discernable beyond its lot line onto adjacent properties.
All fixtures shall be equipped with or have the capacity to be equipped
with light directing or shielding of a type and design appropriate
to the lighting application, for the purpose of redirecting offending
light or reducing direct or reflected glare.
(3)
Floodlights and spotlights shall not be aimed,
installed, or directed as to project into the windows of neighboring
residential uses, and shall not be directed skyward or onto a roadway.
(4)
Lighting proposed for use after 11:00 p.m. or after
the normal hours of operation for any nonresidential use shall be
reduced by 75% between 11:00 p.m. and dawn, unless for an express
purpose approved by the Borough.
(5)
No outdoor lighting shall have blinking, flashing,
or fluttering lights or devices that cause changing intensity, brightness,
or color.
(6)
Except for public street lights and traffic signals,
freestanding light fixtures shall not exceed 20 feet in height.
(7)
All lighting standards and necessary equipment
shall be approved by the appropriate utility.
(8)
All outdoor lighting fixtures and ancillary equipment
shall be maintained as to continuously meet the requirements of this
chapter.
A.
No fence, wall, or other obstruction shall be erected, allowed,
or maintained and no hedge, tree, shrub, or other growth shall be
planted or allowed to exist that dangerously obstructs vision for
through traffic at private streets, driveways, street intersections
or along streets in accordance with § 220-2306.
B.
Fences, walls, and hedges that are in conformance with this
chapter and other applicable ordinances are allowed with the required
setbacks for that district. Fences and walls shall be constructed
within the property lines of the lot being enclosed by such fence
or wall.
C.
Fences and walls may be erected, altered, and maintained within
the yards, excluding required buffer yards, provided that any such
fence in the front yard shall not exceed 3.5 feet in height; and any
fence or wall in the side or rear yard shall not exceed six feet in
height, except as permitted in this chapter. Retaining walls, constructed
for the express purpose of holding back or supporting earth, shall
be exempted from said height provisions.
D.
A fence shall have the finish side facing adjacent properties.
E.
In a case relating to storage and waste disposal of hazardous
materials under this article, a fence or wall is exempt from height
restrictions, and shall be of sufficient height and construction as
deemed appropriate by the Borough Zoning Officer.
The following provisions are established to create a transition
and reduce conflicts between potentially incompatible uses.
A.
Applicability and buffer classification. All buffers shall include
a screen planting of trees, shrubs or other plant materials, fencing,
or a combination thereof, as prescribed in this section, in a manner
to best mitigate any adverse impacts of the proposed action and serve
as a barrier to visibility, airborne particles, glare and noise. Buffer
classifications shall be as follows (inclusive of on-site parking
and loading/unloading areas):
(1)
Residential buffer: Any residential use consisting
of 10 or more multifamily dwelling units and any mobile home parks
abutting any residentially zoned district or residential use shall
provide a residential buffer.
(2)
Commercial buffer: Any commercial use or office
use, any off-street parking facility that is the principal use of
a lot, or any loading/unloading area abutting any residentially zoned
district or residential use shall provide a commercial buffer.
(3)
Industrial buffer: Any industrial use, unless otherwise specified in this chapter, outdoor storage areas, utility use, in addition to standards in Article XXIV, abutting any residentially zoned district or residential use shall provide an industrial buffer.
(4)
Intensive use buffer: A junkyard, recycling center, or similar intensive commercial or industrial use shall provide an intensive use buffer, in addition to standards in Article XXIV, along all property lines.
(5)
Where otherwise determined by the Borough Council
upon recommendation from the Borough Planning Commission.
B.
General requirements.
(1)
Existing vegetation should be preserved wherever
possible and incorporated into screening and buffering. Existing plantings,
woodlands, topography, or man-made structures can reduce or eliminate
the buffering requirements if they partially or completely achieve
the same level of screening as the planting requirements outlined
in this section. This determination shall be made at the discretion
of the Borough Council, upon recommendation by the Planning Commission.
Existing trees within the required buffer yard greater than four inches
in caliper or greater than eight feet in height shall be preserved
to the extent feasible. Such trees may be counted towards required
plant materials, as determined by the Borough Council, upon recommendation
by the Planning Commission.
(2)
Because of the many benefits, buffering should
use native and noninvasive species of plants unless otherwise authorized
by the Borough. Recommended planting materials are provided in Appendix
A.[1] Borough Council, upon recommendation by the Planning Commission,
may permit other plant types if they are hardy to the area, are not
subject to blight or disease, and are of the same general character
and growth habit as those listed in Appendix A. All planting materials
shall meet the standards of the American Association of Nurserymen.
Planting materials shall be selected with emphasis on hardiness, growing
habit for safe vehicular and pedestrian passage, minimum maintenance,
and compatibility with site features and the surrounding area.
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
(3)
The applicant is encouraged to install buffer plantings
in naturalistic groupings and be compatible with site features and
existing neighborhood characteristics, if a satisfactory buffer can
be achieved.
(4)
All plant materials used in screen planting shall
achieve screening or buffering objectives within three years of installation.
(6)
The screen planting shall be installed and thereafter
maintained permanently by the property owner and any plant material
which does not live shall be replaced within six months. Required
buffer plantings shall not be removed without the prior approval of
the Borough. If such plantings are removed, the Borough may require
that they be replaced, in kind, at the expense of the property owner.
Buffer plantings shall be assured by a performance guarantee posted
with the Borough in an amount equal to the estimated cost of the plant
materials for a period of 18 months from installation. Such guarantee
shall be released after this eighteen-month replacement period.
(7)
The screen planting shall be so placed that, at
maturity, it will be not closer than two feet from any street right-of-way.
(8)
Required plantings for buffering shall be chosen
that shall not interfere with preexisting overhead wiring or other
preexisting overhead permanent structures.
(9)
Plantings and public safety. Plantings shall not
be located where they may be hazardous to public safety. This includes,
but shall not be limited to the following:
(a)
A clear sight triangle shall be maintained at all
street intersections and at all points where private vehicular accessways
intersect public streets, in accordance with § 220-2306
and the Malvern Borough Subdivision and Land Development Ordinance.[2]
(b)
No trees shall be planted closer than 15 feet from
a fire hydrant, stop sign, or street light.
(10)
Where buffering is required, a landscape plan
prepared by a qualified landscape architect shall be submitted to
the Zoning Officer and reviewed by the Planning Commission to insure
compliance with this section, and approved by Borough Council. The
plan shall display all proposed plantings required to buffer and screen
the use, and show how the requirements of this section have been achieved
on that property in question for the particular use.
(11)
Materials permitted within buffers. No structures
may be placed within the buffer and no manufacturing or processing
activity or storage of materials shall be permitted, except for the
following:
(a)
Landscaped treatments, such as berms, fences or
walls which aid in screening and do not conflict with the character
of adjoining properties, including drainage, light, and air flow,
or block clear sight distance required at intersections.
(b)
Structures relating to and used for landscaping,
such as tree wells, tree guards, tree grates and retaining walls to
preserve stands or specimens of existing trees or used for other functional
purposes.
(c)
Roads which provide direct ingress/egress for the
tract or lot, including appurtenant structures within road rights-of-way,
such as curbs, sidewalks, signs, lighting or benches.
(d)
Underground utilities.
(12)
Fencing shall be in conformance with § 220-2308.
(13)
Buffer yards shall be maintained and kept clean
of all debris, rubbish, weeds and tall grass.
(14)
Mechanical equipment, storage structures, garbage
and waste disposal facilities, and similar facilities shall be fully
screened from view from adjacent streets or residential districts
or uses, through the use of fences or buffering planting materials.
(15)
Where earthen berms are required to provide effective
screening, the specified elevation of the berm shall be that achieved
after the earth has settled.
(16)
To the extent possible, landscaping around detention
basins shall be naturalized (e.g., clusters of evergreens interspersed
with groupings of deciduous trees and shrubs) and designed to blend
with the surrounding environment. When buffering stormwater detention
basins, trees shall not be planted on the basin berm or dam; however,
shrubs may be planted in this area.
(17)
Where it is determined that, due to topography
or other factors, these buffer classes prescribed in § 220-2309C
do not alone provide an adequate buffer between adjoining incompatible
uses, the planting shall be placed upon a berm at a height of three
to five feet to increase its effectiveness.
C.
Buffer standards. After determining the required buffering classification
in § 220-2309A, the applicant shall select an appropriate
planting option listed below. Plantings are not required to be aligned
on property or right-of-way boundaries; rather, the applicant is encouraged
to site plantings as necessary to achieve the optimal screening level.
Plant materials shall be selected from the Plant Materials List in
Appendix A.[3]
(1)
There shall be a buffer area of not less than 20
feet in width provided.
(2)
Residential buffer: One canopy tree per 30 feet,
plus one evergreen per 60 feet of boundary; or one canopy tree per
60 feet, plus one flowering tree per 60 feet, plus one evergreen per
60 feet of boundary.
(3)
Commercial buffer: One flowering tree per 40 feet,
and one evergreen tree per 20 feet of boundary; or one canopy tree
per 40 feet, and one evergreen tree per 30 feet of boundary, plus
one flowering tree per 60 feet of boundary.
(4)
Industrial buffer: One evergreen per 20 feet, plus
one berm four feet high; or six-foot high cedar or spruce fencing
with one flowering or evergreen tree every 20 feet.
(5)
Intensive use buffer: In addition to fencing of
at least six feet in height, either one canopy or flowering tree at
an average of one tree per 30 feet, plus one evergreen tree at an
average of one tree per 30 feet; or one canopy or flowering tree at
an average of one tree per 20 feet, plus one shrub per six feet shall
be provided between the fence and street or property line.
[3]
Editor's Note: Said appendix is included as an attachment to this chapter.
D.
Off-street parking. Standards for buffering and screening for
off-street parking are located in § 220-2501D(10).
E.
Any part of a lot which is not used for buildings, other structures,
loading or parking spaces and aisles, sidewalks and designated storage
areas shall be planted with an all-season ground cover approved by
Borough Council. It shall be maintained to provide an attractive appearance,
and all nonsurviving plants shall be replaced.
A.
Outdoor storage of man-made products shall be screened from
view of public right-of-way and adjacent residential uses. Screening
shall be in accordance with § 220-2309.
B.
All organic refuse or garbage shall be stored in durable, vermin-proof
containers. In multifamily uses over five units and commercial and
industrial developments, garbage storage shall be centralized to expedite
collection and screened from adjacent uses.
C.
Outdoor display and storage areas shall occupy less than 1/2
the allowed building coverage in the district in which it is located.
D.
Vehicles and vehicle parts.
(1)
No vehicle which is unregistered or unlicensed
under the Pennsylvania Vehicle Code, or without current and valid
state inspection, or which would not, in its current condition, pass
a Pennsylvania inspection as required by the Pennsylvania Vehicle
Code to operate the vehicle on public streets, and no large vehicle
parts, including but not limited to one or more of the following:
a motor, chassis, transmission, muffler, exhaust pipe, door, hood,
trunk lid, fender, frame, bumper and seat, shall be stored outside
of an enclosed building on any lot in any district other than the
C1 and C4 Commercial Districts, or the LI and LI Limited Industrial
Districts.
(2)
Any storage of such vehicles for sale in the C1
and C4 Commercial Districts or the LI and LI1 Limited Industrial Districts
shall be permitted only as an accessory use to an existing related
principal use on the same property including, but not limited to,
gasoline service stations or motor vehicle repair establishments,
and subject to the following provisions:
(3)
The occupant of a lot not within either the C1
and C4 Commercial Districts or the LI and LI1 Limited Industrial Districts
may store, on the lot and outside of a building, only for purposes
of repairing and/or performing maintenance, no more than one noncommercial
passenger vehicle, with valid Pennsylvania license and registration,
registered to such occupant, provided that there is no building on
the lot in which the vehicle could be safely stored and worked on
and provided, further, that the vehicle must have a valid Pennsylvania
inspection within 60 days of the day the vehicle was first stored
on the lot without such valid inspection.
E.
Recreational vehicles.
(1)
All recreational vehicles shall be stored or parked
within an enclosed building or within a side or rear yard when parked
for a period exceeding 24 hours. No such vehicle shall be used for
living, sleeping or housekeeping purposes when parked or stored on
a residential lot.
(2)
Recreational vehicles that are stored outdoors
in the side or rear yard shall be no closer to a property line than
the setback lines created by the various yard requirements for the
applicable zoning district.
(3)
Screening. Recreational vehicles stored outdoors
shall be screened from adjacent properties from which the equipment
is visible so that no part of the vehicle may be seen from such properties.
The screening shall be in the form of either fencing in conformance
with § 220-2309, a vegetative buffer, mounding, or a combination
thereof, in conformance with the following provisions:
(a)
Screening shall use native and noninvasive species
of plants unless otherwise authorized by the Borough.
(b)
Screening shall provide a year-round buffer by
incorporating a variety of deciduous and evergreen species to produce
a seventy-five-percent opaque buffer within one year of planting.
Evergreen species shall represent not less than 75% of the total plantings
in the vegetative screen. The minimum height of vegetation in the
initial planting shall be no less than six feet.
(c)
The design of the screening shall be reviewed and
approved by the Borough Zoning Officer prior to installation.
(d)
Vegetative screens and buffers shall be continually
maintained by the property owner as long as the vehicle which requires
the screening remains in the stated location. All nonsurviving plants
shall be replaced within six months of the initial planting.
(e)
The minimum height of fencing shall be six feet
and the finished side of the material must face the abutting property.
F.
Outdoor display for commercial uses in commercial districts.
In the C1, C2, and C4 Zoning Districts, merchandise available for
retail sale may be displayed in a neat and orderly fashion outside
of the retail establishment that is selling the merchandise, provided:
(1)
The merchandise shall not be placed so as to interfere
with pedestrian or vehicular traffic or within required parking spaces.
(2)
No merchandise shall be placed within six feet
of the cartway.
(3)
For purposes of this chapter, a four-foot-wide
clear sidewalk path shall be maintained at all points.
(4)
No merchandise shall be displayed outdoors that
is pornographic, includes explicit depictions of violence, or is otherwise
unsuitable for viewing by children.
(5)
No merchandise shall be displayed outdoors in a
manner that is intended to or has the effect of interfering with vehicular
traffic or is distracting to motorists.
(6)
The outdoor display of merchandise shall not interfere
with the sight lines of traffic and shall not impair the visibility
of any public or private sign.
(7)
No merchandise shall be displayed outdoors in a
manner that is likely to result in the merchandise falling into the
street or sidewalk, blowing, spilling, or otherwise becoming disorderly,
hazardous or a nuisance.
(8)
All merchandise displayed outdoors shall be removed
and placed indoors at the close of business each day.
(9)
No additional signage in excess of that approved
for the property shall be attached to or placed in conjunction with
the merchandise being displayed.
(10)
Longer-term outdoor display for a permitted use
which traditionally requires such need may be authorized at the discretion
of the Zoning Officer if the applicant can demonstrate that indoor
storage is not practical or feasible.
(11)
Any merchandise that is placed on the public sidewalk
or right-of-way in violation of this provision or that otherwise constitutes
a hazard to the public may be removed by the Borough Zoning Officer
or police officer with or without notice to the owner.
G.
Industrial and commercial uses requiring substantial amounts
of land for outdoor storage or display. For industrial and commercial
districts or uses, storage of materials, equipment or vehicles, but
not including parking and similar activities, shall generally be carried
on within a building and shall meet the provisions of this article
and other applicable regulations of this chapter, except that additional
outdoor storage and display area for a permitted industrial or commercial
use may be authorized for those uses requiring substantial amounts
of land area for outdoor storage or display where all of the following
conditions are met and those such uses shall be exempt from the provisions
§ 220-2310A and C:
(1)
The industrial or commercial use involved traditionally
employs long-term outdoor storage including uses such as lumberyard,
junkyard, nursery/greenhouse, and automobile retail sales.
(2)
Such storage is needed for the successful operation
of the use, and the proposed site is suitable for outdoor storage.
(3)
The applicant can demonstrate that indoor storage
is not practical.
(4)
The storage shall comply with all applicable setback
requirements and shall cover only that percentage of total lot area
that is deemed practical and feasible in the opinion of the Zoning
Officer. Wherever feasible, outdoor storage shall be located to the
side or rear of the property.
(5)
The storage area shall be screened from view from
any public right-of-way or any residential district by buildings,
walls or an effective screen, as required by this § 220-2309.
(6)
These provisions shall be enforced by the Borough
Zoning Officer who shall have the discretion to make proper determinations
on the above provisions. Any objections to the determination of the
Zoning Officer may be appealed with the Zoning Hearing Board in accordance
with § 220-2807 of this chapter.
(7)
Among uses that shall not be considered appropriate
for inclusion under this provision are retail store, personal service
shop, service station, car wash facility, business or professional
office or office campus, educational use, and automotive accessories.
H.
Any establishment which furnishes shopping carts as an adjunct
to shopping shall provide definite areas within the building and parking
area for storage of said carts. Each designated storage area shall
be enclosed by a barrier at least six inches higher than the parking
area surface, and shall be clearly marked for storage of shopping
carts. All shopping carts shall be stored indoors, or otherwise secured
during nonoperating hours.
I.
Storage and waste disposal of hazardous materials shall be in
conformance with § 220-2311H.
The following standards shall govern in all districts and all
standards shall be considered minimums and shall be superseded by
any more stringent state or federal regulations:
A.
Dust, dirt, smoke, fly ash, fumes, vapors, and gases.
(1)
There shall be no emission of dust, dirt, smoke,
ash, fumes, vapors, or gases or other hazardous or noxious materials
to the air in such quantities that does not comply with Pennsylvania
Air Pollution Control laws, including standards set forth by Standards
for Contaminants and Ambient Air Quality Standards of the Pennsylvania
Department of Environmental Protection, Rules and Regulations, and
the National Emission Standards for Hazardous Air Pollutants of the
United States Environmental Protection Agency.
(2)
No emission shall be permitted which contains inert
particulates in excess of 15 milligrams per cubic meter, based on
an eight-hour maximum average exposure.
(3)
No user shall operate or maintain or be permitted
to operate or maintain any equipment or device which by reason of
its operation or maintenance will discharge contaminants to the air
in excess of the limits prescribed herein unless the owner and/or
operator shall install and maintain such control that will prevent
the emission of an air contaminant in such quantity that will violate
any provision of this chapter.
(4)
The emission of dust, dirt, fly ash, fumes, vapors,
or gases which can cause damage to human health, to animal, or vegetation
or to other forms of property, or which can cause any soiling or staining
of persons or property at any point beyond the lot lines of the use
creating the emission is prohibited.
(5)
No user shall cause, allow, permit, or maintain
any bonfire, junk fire, refuse fire, salvage operations fire, or any
other open fire within the Borough.
B.
Noise. Noise levels shall be maintained at a level that is not
objectionable due to intermittence, frequency or intensity and shall
not exceed the standards established by this section. No person shall
operate or cause to be operated on private or public property any
source of continuous sound (any sound which is static, fluctuating
or intermittent with a recurrence greater than one time in any fifteen-second
interval) in such a manner as to create a sound level which exceeds
the limits set forth in the following when measured at or within the
lot line of the receiving land use:
(1)
At no point on the boundary of any lot shall sound
level of any operation exceed the decibel levels shown below for the
receiving land uses indicated.
|
Continuous Sound Level Limits by Receiving Land Use
| ||||
|---|---|---|---|---|
|
Decibel Limit (dbA) and Time
|
Sound Levels at Lot Lines Abutting Residential Uses
|
Sound Levels at Commercial and Institutional Uses
|
Sound Levels at Industrial Uses
| |
|
From 7:00 a.m. to 10:00 p.m. EST
|
60 dbA
|
65 dbA
|
70 dbA
| |
|
From 10:00 p.m. to 7:00 a.m. EST, Sundays, and holidays
|
50 dbA
|
60 dbA
|
65 dbA
| |
(2)
The maximum permissible sound levels by the receiving
land use category, as listed in the previous table, shall not apply
to the following noise sources:
(a)
Emergency alarm signals for the purpose of alerting
persons to the existence of an emergency.
(b)
Work to provide, repair, or replace electricity,
water or other public utilities involving public health or safety.
(c)
Normal and legally permitted residential activities
customarily associated with residential use.
(d)
Domestic power tools.
(e)
Temporary activities involving construction and
demolition activities.
(f)
Agriculture.
(g)
Motor vehicle operations on public streets. Such
noise shall be regulated by Pennsylvania Transportation Regulations
governing established sound levels.
(h)
Public celebrations or activities authorized by
the Borough.
(i)
The unamplified human voice.
C.
Odors. There shall be no emission of odorous gases or other
odorous matter in such quantities as to be offensive at lot boundary
line. Any process which may involve the creation or emission of any
odors shall be provided with a secondary safeguard system, so that
control will be maintained if the primary safeguard systems should
fail. Hereby established as a guide in determining such quantities
of offensive odors is Table 1 (Odor Thresholds in Air), "Research
on Chemical Odors: Part 1 - Odor Thresholds for 53 Commercial Chemicals,"
October 1968. Manufacturing Chemists Association, Inc., Washington,
D.C.[1]
[1]
Editor's Note: Said table is on file in the Borough offices.
D.
Glare or heat. Any operation producing intense glare or heat
shall be performed within an enclosed building or behind a solid fence
in such a manner as to be completely imperceptible from any point
along the lot lines.
E.
Electrical disturbance. There shall be no electrical disturbance
(except from domestic household appliances) adversely affecting the
operating at any point of any equipment other than that of the creator
of such disturbance. No use, activity, or process shall be conducted
which produces electromagnetic interference with normal radio or television
reception from off the lot on which the activity is conducted.
F.
Radioactivity.
(1)
There shall be no activities which emit dangerous
levels of radioactivity.
(2)
No operation involving radiation hazards shall
be conducted which violates the federal regulations and standards.
In addition, any proposed use which incorporates the use of radioactive
material, equipment or supplies shall be in strict conformity with
Pennsylvania Department of Environmental Protection rules and regulations.
G.
Vibration. No vibration shall be produced which is transmitted
through the ground and is discernable without the aid of instruments
at or at any point beyond the lot lines, and any vibration produced
shall not exceed 0.002g peak measured at or beyond the lot line using
either seismic or electronic vibration measuring equipment.
H.
Storage and waste disposal of hazardous materials.
(1)
No highly flammable or explosive liquids, solids
or gases shall be stored in bulk above ground, except the following:
(a)
Tanks or drums of fuel directly connected with
energy devices, heating devices or appliances located on the same
lot.
(b)
Tanks or drums of fuel no larger than 250 gallons
per container located no closer than 25 feet to any building and in
the rear yard of any lot or no closer than 50 feet from any street
line.
(2)
All outdoor storage facilities for fuel, raw materials, and all such products, including those listed in Subsection H(1) above, stored outdoors shall be permitted only within the buildable area of the lot behind the front building line of the principal buildings, shall not exceed six feet in height, and shall be enclosed by a fence of adequate sufficient construction, type, and size to enclose, protect, and conceal the facilities from any adjacent properties. Provisions for fences and walls are included in § 220-2308.
(3)
No materials or wastes shall be deposited upon
a lot in such form or manner that they may be transported off the
lot by natural causes or forces, nor shall any use be conducted in
such a way as to discharge any untreated sewage or industrial waste
into any reservoir, lake, or stream. Discharge of treated waste into
water bodies and all other methods of sewage industrial waste treatment
and disposal shall be approved by the County Health Department and
Pennsylvania Department of Environmental Protection, as appropriate.
(4)
All materials or wastes which might cause fumes
or dust or which constitute a fire hazard or which may be edible or
otherwise be attractive to rodents or insects shall be stored outdoors
only in closed containers.
I.
Electric power. Every use requiring electrical power shall be
so operated that the service lines, substation, or other equipment
shall conform to the safety requirements of the National Electrical
Code ANSI-CI, as amended, and shall be so constructed and installed
as to be an integral part of the plant building, where possible. If
visible from adjacent residential lots, it shall be screened in accordance
with § 220-2309.
J.
Fire and explosion hazards.
(1)
All activities and all storage of flammable and
explosive material at any point shall be provided with adequate safety
devices against the hazard of fire and explosion, and adequate firefighting
and fire suppression equipment, and devices as detailed and specified
by the laws of the Commonwealth of Pennsylvania.
(2)
All buildings and structures, and activities within
such buildings and structures shall comply with applicable Borough
codes and ordinances. Any explosive material shall conform to the
requirements of Pennsylvania Department of Environmental Protection
rules and regulations for storing, handling and use of explosives.
K.
General public health and safety. No use shall create any other
objectionable condition in an adjoining area which will endanger public
health and safety, or be detrimental to the proper use of the surrounding
area.
A.
Pets.
(1)
Up to three pets may be kept on any lot in any
zoning district within the Borough. Greater numbers of pets may be
kept only on lots greater than 1/2 acre in area. The total number
of additional pets permitted on any lot that exceeds 1/2 acre in lot
area shall be computed according to the number of acres (listed below)
required per animal. For example, three dogs may be kept on a lot
of up to 1/2 acre. One-third of one additional acre is required for
each additional cat and 1/2 of one additional acre is required for
each additional large dog.
|
Pet
|
Required Additional Acreage Per Additional Animal
|
|---|---|
|
Dog
|
0.5
|
|
Cat
|
0.3
|
(2)
Animals not specifically listed above shall be
judged based on animals of similar size, diet, temperament, and behavior.
(3)
Small caged pets (including, but not limited to,
fish, parakeets, canaries, frogs, hamsters, small reptiles, etc.)
are not subject to these acreage requirements, and shall be permitted,
provided that they are not kept for commercial purposes and provided
that they do not create a nuisance of any kind, including objectionable
odors, noise or straying onto other property.
B.
Livestock.
(1)
Livestock, excluding chickens and ducks kept pursuant to Subsection F, below, may be kept only on lots greater than three acres in size. Only one such animal may be kept on a lot which is at least three acres in size. The total number of additional livestock or poultry animals permitted on any lot exceeding three acres in lot area shall be computed according to the number of acres (listed below) required per animal. For example, one horse may be kept on a lot of three acres. Two more acres are required for each additional horse. One sheep may be kept on a lot of three acres. One-half acre is required for each additional sheep.
[Amended 10-16-2018 by Ord. No. 2018-8]
|
Livestock
|
Required Additional Acreage Per Additional Animal
|
|---|---|
|
Equines
|
2.0
|
|
Bovines
|
2.0
|
|
Pig
|
1.5
|
|
Sheep
|
0.5
|
|
Goat
|
0.5
|
|
Poultry
|
0.1
|
|
Rabbits
|
0.1
|
(2)
Animals not specifically listed above shall be
judged as animals of similar size, diet, temperament, and behavior.
C.
Wild, dangerous, or poisonous animals. Wild, dangerous, or poisonous
animals (including, but not limited to, deer, skunks, raccoons, wolves,
"wolf-dog hybrids," constricting or venomous snakes, alligators, crocodiles,
bobcats, or lynxes) may not be kept within the Borough for any purpose
unless adequately confined in a facility operated by a licensed veterinarian
for purposes of treatment.
D.
No animals shall be maintained or allowed to stray so as to
create any health or safety hazards or obnoxious or foul odor or objectionable
noise or behavior. Likewise, all manure shall be managed so as to
prevent any odor from affecting other properties and from contaminating
any stream or otherwise having an adverse impact on the neighborhood.
All animals shall be properly immunized.
E.
Shelter and fenced area requirements.
(1)
In addition to the acreage requirements for pets
and livestock, every owner of livestock or farm animals shall also
provide a sheltered area of a size sufficient for good sanitation
practices and adequate and sanitary drainage according to the following
minimum requirements:
(a)
All shelters shall have a roof and at least three
enclosed sides.
(b)
Structures for the housing of any animals must
be located not less than 100 feet from the lot line of the property.
No such structures may be erected or maintained in a front yard or
a side yard abutting a street.
(c)
A shelter of 150 square feet shall be provide for
each horse or cow.
(d)
A shelter of 100 square feet shall be provided
for each pony, mule, donkey, sheep, or goat.
(e)
A shelter for poultry or rabbits shall provide
a minimum of 10 square feet per animal.
(2)
All pasture, grazing, and exercise areas shall
be fenced with materials of sufficient height, strength, and density
to adequately confine the animal in question. All such fencing must
be in compliance with all other zoning regulations.
F.
Chickens and ducks may be kept as an accessory use to any single-family
detached dwelling or two-family semidetached dwelling (twin) use within
a residential district under and subject to the following criteria
and limitations:
[Added 10-16-2018 by Ord.
No. 2018-8]
(1)
The birds shall be kept within a predator-proof
enclosure, consisting of a coop and optional fenced run area, with
contiguous barriers protecting all sides and from above. Such enclosure
shall be located not less than 10 feet from any lot line, and not
less than 25 feet from any dwelling structure, and such that no po1tion
of the enclosure is closer to any public right-of-way than the furthest
portion of the dwelling structure from such public right-of-way. The
enclosure shall contain an area not less than 12 square feet and not
more than 32 square feet, and shall be no higher than the permitted
height for an accessory structure within the underlying residential
zoning district. The enclosure shall be oriented so that the entry
to the enclosure faces the dwelling unit structure on the lot.
(2)
A maximum of four birds may be kept. In the case
of chickens, only hens may be kept. Chicken roosters, cockerels, and
capons are not permitted.
(3)
Birds kept under this subsection shall be kept
in accordance with all applicable laws and ordinances.
(4)
Birds kept under this subsection shall not be kept
for commercial purposes.
(5)
Birds kept under this subsection shall not be slaughtered,
plucked, or otherwise dried, aged, or displayed post-mortem, except
within a fully-enclosed structure such that any slaughtering, plucking,
drying, aging shall not be visible from any other property.
