[Ord. 738, 8/18/2009]
A.
All uses shall comply with the requirements of this section. Compliance
shall be determined by the applicable Zoning Officer with respect
to permitted uses by the applicable Zoning Hearing Board with respect
to special exceptions and by the applicable Borough Council with respect
to conditional uses. In order to determine whether a proposed use
will conform to the requirements of this Ordinance, the applicable
Borough may obtain a qualified consultant's report, whose cost
for services shall be borne by the applicant.
B.
All projects that require the additional use of new facilities or
essential services, such as sewers, storm drains, fire hydrants, potable
water, public streets, street lighting and similar services, shall
obtain such approval as required by the agency providing such service
prior to project approval. Non availability of essential services
shall be permitted to be grounds for denying permits for additional
development until such services are available. The jurisdiction is
not obligated to extend or supply essential services if capacity is
not available. If capacity is available, the extension of services
shall be by and at the cost of the developer, unless the jurisdiction
agrees otherwise. All service extensions shall be designed and installed
in full conformance with the jurisdiction's standards for such
service, and shall be subject to review, permit and inspection as
required by other policies or ordinances of the jurisdiction.
[Ord. 738, 8/18/2009]
Fire protection and firefighting equipment acceptable to the
National Fire Protection Association shall be readily available where
there is any activity involving the handling or storage of flammable
or explosive material.
[Ord. 738, 8/18/2009]
No activity shall emit radioactivity at any point or cause electrical
disturbance adversely affecting the operation of radio or other equipment
in the vicinity.
[Ord. 738, 8/18/2009]
Noise which is determined to be objectionable because of volume,
frequency or beat shall be muffled or otherwise controlled, except
that fire sirens and related apparatus used solely for public purposes
shall be exempt from this requirement. Noise in excess of 90 decibels
as measured on a decibel or sound level meter of standard quality
and design operated on the A-weighted scale at a distance of 25 feet
from any property line of the property on which the noise source is
located shall not be permitted.
[Ord. 738, 8/18/2009]
Vibrations detectable without instruments on neighboring property
in any district shall be prohibited, except that temporary vibration
as a result of construction activity shall be permitted.
[Ord. 738, 8/18/2009]
No malodorous gas or matter shall be permitted which is discernible
on any adjoining lot or property.
[Ord. 738, 8/18/2009]
The maximum amount of smoke emission permitted shall be determined
by the use of the Standard Ringelmann Chart issued by the United States
Bureau of Mines. No smoke of a shade darker than No. 2 shall be permitted.
[Ord. 738, 8/18/2009]
No pollution of air by fly ash, dust, vapors or other substance
shall be permitted which is harmful to health, animals, vegetation
or other property or which can cause soiling of property.
[Ord. 738, 8/18/2009]
Lighting devices which produce objectionable direct or reflected
glare on adjoining properties or thoroughfares shall not be permitted.
[Ord. 738, 8/18/2009]
No erosion by wind or water shall be permitted which will carry
objectionable substances onto neighboring properties.
[Ord. 738, 8/18/2009]
Water pollution shall be subject to the standards established
by the Pennsylvania Department of Environmental Protection (DEP) and
the Pennsylvania Fish and Boat Commission.
[Ord. 738, 8/18/2009]
A.
All finished cut and fill slopes shall have a grade of not more than
two feet horizontal for every one foot vertical. All cut and fill
slopes greater than 20 feet in elevation or depression must be designed
by a certified soils engineer or a certified geologist. The soils
engineer or geologist who designs the slope must certify that it is
stable upon completion. The Borough Engineer may require that a fence
or other barrier be placed in a location which will prevent anyone
from nearby properties access to a cut or fill slope.
B.
All lands, regardless of their slope, from which structures or natural
cover has been removed or otherwise destroyed shall be appropriately
graded and seeded within a reasonable time of such clearance activity.
The phrase "a reasonable time" shall be interpreted to be within two
weeks after construction activities are completed, unless those activities
are completed between a time period of November 1 and April 1. In
such case, the required sodding or seeding shall occur within two
weeks of April 1. This shall be rigidly applied to construction activities
in order to accomplish the intent of keeping erosion to an absolute
minimum. During non-growing seasons, appropriate measures shall be
taken, such as, but not limited to, siltation dams, to prevent erosion
by wind or water. In addition to the measures stated above, the developer/property
owner shall provide assurances that all requirements will be complied
with at the beginning of the next growing season.
[Ord. 738, 8/18/2009]
No development, cutting or filling of land or natural vegetation
is permissible within a floodway, except as permitted by action of
the applicable Borough Zoning Hearing Board and/or federal, state,
county or municipal agencies having jurisdiction over such matters.
[Ord. 738, 8/18/2009]
No cutting, fill or other disturbing of land or natural vegetation
is permissible within 50 feet of the edge of perennial and intermittent
streams, except as permitted by action of the applicable Zoning Hearing
Board and/or Federal, State, county or municipal agencies having jurisdiction
over such matters. In cases where the applicable Zoning Hearing Board
determines that a hardship running with the land exists as a result
of this requirement, a variance may be granted, provided that special
precautions can be and are ordered to be taken to ensure against continuing
erosion or other circumstances which may be harmful to the immediate
watercourse or in any way pollute the stream.
