A.
Street frontage. Every principal building shall be built upon a lot with frontage upon a street improved to meet Borough standards or for which such improvements have been insured by the posting of a performance guarantee pursuant to the Chapter 250, Subdivision and Land Development, of the Borough, or shall have access to a private street approved by the Borough Council. A condominium unit is exempt from this requirement if the condominium development as a whole fronts upon a public or approved private street.
B.
Street jurisdiction. All streets built within subdivisions and land development shall be built to Borough standards, including those within Chapter 250, Subdivision and Land Development, and other applicable Borough regulations. All streets built within subdivisions and land developments, except those within mobile home parks, shall be offered for dedication to the Borough. Access drives shall remain private.
In any district, not more than one structure housing a permitted
principal use may be erected on a single lot unless yard and other
requirements of this chapter are met for each structure as though
it were on an individual lot, except as otherwise provided in this
chapter, and except in the case of condominium, townhouse or multifamily
development where the Schedule of Area, Yard and Height Requirements[1] shall prevail.
[1]
Editor's Note: Said schedule is included as an attachment
to this chapter.
A.
Where a street or highway shown on the Street and Highway Plan of
the Borough has a proposed right-of-way greater than that existing,
the front yard requirement shall be measured in accordance with the
proposed right-of-way.
B.
In the case of through lots, unless the prevailing front yard pattern
on adjoining lots indicates otherwise, front yards shall be provided
on all frontages.
C.
In the case of corner lots which do not have reversed frontage, a
front yard of the required depth shall be provided in accordance with
the prevailing yard pattern and a second front yard of half the depth
required generally for front yards in the zone shall be provided on
the other frontage. However, the provisions of this section shall
not apply so as to reduce the buildable width to less than 50% of
any lot less than 100 feet in width, although in no case shall any
structure be erected closer to any street line than 25 feet. No such
setback need exceed a distance of 50 feet. Corner lots having frontages
of greater than 100 feet on both intersecting rights-of-way shall
observe the same requirements for front yards on both streets as apply
to adjoining interior lots facing upon such streets. Where the above
requirements impose greater restrictions upon the location of accessory
buildings than any requirements elsewhere in this chapter, the above
shall apply to accessory buildings as well.
D.
In the case of reversed frontage lots, a front yard of the required
depth shall be provided on the street to which the principal building
fronts.
E.
In the case of corner lots with more than two frontages, the Zoning
Officer shall determine the front yard requirements, subject to the
following limitations:
F.
Every part of a required yard shall be open and unobstructed from
its lowest level to the sky, except for the ordinary projection of
sills, chimneys, flues, buttresses, ornamental features and eaves;
provided, however, that none of the aforesaid projections shall project
into the minimum side yards more than 24 inches. Unroofed entrance
porches or terraces which do not rise above the height of the floor
level of the ground floor may extend into any yard, provided the total
area of all such porches which extend into such yards does not exceed
200 square feet. Nothing herein shall prevent the erection of fences
in the required yard so long as they do not prevent adequate sight
distance at intersections.
(1)
Bays and balconies may project into a required side yard not more
than one third of its width, or not more than four feet, whichever
is less. Ground story bays and porches not over half the length of
the side wall may project into any side yard for a distance of four
feet.
(2)
Decks are permitted to the rear of townhouses provided the decks
are not roofed.
G.
Public garages shall be subject to required setbacks of the zone
wherein the facility is located.
H.
Off-street parking lots may be permitted in required yard areas,
providing there is no encroachment into required sight triangles,
providing that no more than 50% of the affected required yard area
is utilized, and providing that it is not possible to place the required
off-street parking elsewhere on the lot.
I.
Nothing herein contained shall prevent the projection of an emergency
exit (open fireproof fire escape) into a required rear or side yard
for a distance not to exceed eight feet, but in no case to project
beyond the property line.
J.
When an unimproved lot is situated between two improved lots with
front yard dimensions less than those required for the zoning district
in which the unimproved lot is located, the front yard required for
the unimproved lot may be reduced to a depth equal to the average
of the two adjoining lots; provided, however, that this provision
shall only apply in such cases where the improved lots in question
are improved as of the time of the adoption of this chapter. For the
purpose of this section, an unimproved lot shall be the same as a
vacant lot and an improved lot shall be one on which a principal building
is erected.
Unless elsewhere specified in this chapter, accessory buildings
shall conform to the following regulations as to their locations on
the lot:
A.
Accessory buildings shall be permitted only on the same lot and within
the same zone as the principal building to which they are accessory,
unless otherwise indicated in this chapter.
B.
No accessory building shall be erected in any required front, rear
or side yard except in the case of a residential detached garage with
access onto an alley, which garage may be erected within the required
rear setback but must be set back 12 feet from the edge of the abutting
public alley.
C.
Residential detached garages shall not exceed 24 feet in height and
residential accessory sheds shall not be more than 15 feet in height
and may be placed no closer than three feet to the rear property line
and no closer than three feet to a side lot line abutting the rear
yard.
D.
A garage attached to any side of the dwelling and constructed as
a part of such dwelling shall be considered as a part of the dwelling
and not as an accessory building, and shall meet all requirements
for front, side or rear yards, other setbacks and height of structure.
On a corner lot in any zone except the Town Center and Downtown
Business Districts, nothing shall be erected (including fences, walls,
and hedges), placed, planted, or allowed to grow in such a manner
as materially to impede vision between a height of two and a half
and 10 feet above the center line grades of the intersecting streets,
in the clear sight triangle bounded by a line joining points along
said center lines 25 feet from the point of the intersection, except
in the case of an alley where the distance shall be 15 feet.
A.
Authorized fences, walls and hedges shall be erected only in side yards, rear yards or other portions of a lot behind the front building setback line, except that an ornamental fence, wall or hedge may be placed in the front yard, provided it does not exceed three feet in height and meets the requirements of visibility at intersections set forth in § 295-75, above, retaining wall fences may be placed as required by Chapter 250, Subdivision and Land Development, and security fences may be located as otherwise permitted or required by this chapter.
B.
In all districts, fences, walls and hedges up to eight feet in height
from grade level may be erected as noted above, unless a higher fence
is otherwise allowed by this chapter. In addition, the following requirements
shall apply:
(1)
Fence enclosures for private residential swimming pools shall be
a minimum of four feet in height and a maximum of eight feet in height.
In addition, at least one side of a required fence enclosing a private
residential swimming pool shall be an open-type fence, preferably
facing the dwelling unit.
(a)
In the case of an aboveground swimming pool, the enclosure created
by the pool wall may be used as a fence enclosure if the pool wall
is a minimum of four feet in height and the level of the ground does
not rise above the bottom of the pool wall within four feet of the
pool. Otherwise, a fence must be placed on the top of the aboveground
pool or at a minimum of four feet from the pool.
(b)
In the case of an in-ground pool, a barrier of four feet shall
be accomplished around the entire perimeter of the pool.
(2)
Fences provided for security purposes for schools, playgrounds and
parks in any district and for all uses in an industrial district shall
have no openings, holes or gaps larger than four inches in any dimension,
except for doors and gates and except for picket fences, where only
the horizontal distance between pickets shall not exceed four inches.
Security fences shall be no more than eight feet in height, except
that a barbed wire addition not exceeding one foot shall be permitted
to the top of the fence.
(3)
Conventional fences, including barbed wire and electrified fences
required for farm use, agricultural use and related facilities on
properties in excess of five acres, shall be exempt from the fence
regulations of this chapter, except for the height regulation.
(4)
Required fences for tennis courts, baseball or softball field backstops
and similar fences for similar recreational facilities shall be exempt
from the regulations of this chapter, provided that such recreational
fences are not located within 50 feet of any residential property
within the RL or RM Zoning Districts.
(5)
Walls and hedges where used as enclosures shall be no more than 20%
open, a minimum of four feet in height and a maximum of eight feet
in height.
(6)
Fences, walls and hedges may be erected for privacy, screening, separation,
security, or to serve other necessary function.
(a)
Design and materials shall be functional, they shall complement
the character of the property and they shall be suited to the nature
of the project purpose. Any form of razor wire fence is prohibited.
(b)
No fence, wall or hedge shall be so constructed or installed
so as to constitute a hazard to traffic or safety.
(c)
No fence, including barbed wire on a security fence, shall overhang
a public right-of-way or a sidewalk used by the public.
(7)
Any appeals from a decision or other action of the Zoning Officer
with respect to fences, walls and hedges as covered in this section
of this chapter or other provisions of this chapter may be made to
the Zoning Hearing Board under the provisions for variances as covered
in this chapter.
(8)
Barbed wire below the height of six feet and aboveground electrified
fences in residential districts are prohibited.
(9)
Fences shall be maintained in a manner as to prevent deterioration,
so as not to become a public or private nuisance, and so as not to
be dilapidated or a danger to adjoining property owners or the public.
Every fence installed shall be maintained by the owner in such a way
that it will remain plumb and in good repair. Rolled, damaged, or
broken wooden slats and support posts shall be repaired or replaced.
Broken or severely bent metal posts or torn, cut or ripped metal fencing
materials shall be repaired or replaced. Loose brick, stone, rock,
mortar or similar materials on masonry walls and barriers shall be
rebonded or similarly repaired.
C.
In measuring the height of a fence, the measurement is made to the
top edge of the fence material, and does not include the fence post.
(1)
The height of a fence or wall is the vertical distance between the
finished ground level at the base of the fence or wall and the top
edge of the fence or wall material immediately above that ground level.
(2)
Where a fence is installed on top of a retaining wall or other supporting
structure, the fence height shall be measured from the ground level
behind the retaining wall. Where the retaining wall or other supporting
structure extends above the ground elevation, the retaining wall or
other supporting structure shall be considered as a portion of the
fence in determining the fence height.
(3)
Where the ground level within six feet of a fence or wall differs
from one side of the fence or wall to the other, the ground level
shall be measured on each side of the fence, which shall be the average
ground level measured perpendicular within six feet of the fence.
In the case of a fence or wall with a maximum height restriction,
the maximum height shall be measured on the side of the fence or wall
with the lowest finished ground level. In the case of a fence or with
a minimum height restriction, the minimum height shall be measured
on the side of the fence or wall with the highest finished ground
level.
The following regulations shall control all recreational vehicles:
A.
No recreational vehicles may be stored on public streets and highways
for any period exceeding 48 hours.
B.
No recreational vehicle shall be used for purposes of human habitation
at any time regardless of where stored.
C.
Recreational vehicles may be stored on a lot in any district, provided
that such vehicle is located in the rear yard and is not stored within
five feet of the side yard setback line or within 10 feet of a rear
property line.
B.
Height shall be measured as the vertical distance derived from the
average finished grade at the foundation corners of the building or
structure to the highest point of the building or structure, excluding
a chimney or other similar structure.
C.
The height restrictions in the Schedule of Area, Yard and Height
Requirements do not apply to spires, cupolas, chimneys, antennas,
water tanks, elevator housing, ventilators, or other structures placed
above roof level, not intended for human occupancy and necessary for
the operation of the permitted use.
Prior to alteration of existing or man-made grades exceeding 10%, a grading plan, stormwater management plan complying with Chapter 238, Stormwater Management, and erosion and sedimentation plan complying with all state, Borough and Franklin County Conservation District requirements shall be submitted to the Borough for approval. The grading plan shall indicate existing and proposed contours at intervals of no more than two feet in elevation. On the grading plan, all existing and proposed structures, other impervious surfaces, storm drainage facilities and utilities, retaining walls, and vegetation and other natural features shall be shown.
The exterior storage of junk vehicles and trucks is prohibited
in all zoning districts.
The electrical, plumbing, heating, structural, and other components
of a dwelling shall comply with applicable federal, state, and local
codes. When these are conflicting standards, the most restrictive
applicable standards as determined by the Borough shall apply.
Any development, as defined in the Borough Floodplain Management
Ordinance,[1] in a floodplain shall be in strict conformity with the
Borough's Floodplain Management Ordinance, as amended from time
to time.
Flag lots, as defined herein, may be permitted within any district
under the following conditions, except where specifically prohibited
by this or other Borough ordinances.
A.
The parcel of land being developed is of such a shape, size and configuration
that the use of a flag lot(s) is the only method of developing the
site.
B.
The access to the parcel of land being developed is such that use
of a flag lot represents the only method of developing the site.
C.
If direct frontage access to a parcel or a portion of a parcel can
be provided by an existing or new public or private road, a flag lot
shall not be proposed as a means of avoiding such road frontage access.
D.
If the above conditions warrant the use of flag lots, not more than
two access strips serving such lots may be located adjacent to each
other, and any additional access strip to another such lot shall be
separated by a full lot width, as required by the district in which
the land is located.
E.
Any access strip serving any permitted flag lot shall not exceed
300 feet in length, as measured from the public or private road frontage
to the main body of the lot. No portion of the access strip may be
counted as a part of the required lot area, nor shall it contain any
building or structure.
F.
Single-family, duplex, and two-family dwellings are the only type
of dwelling units which can be located on a flag lot.
G.
A driveway servicing a flag lot shall be a minimum 20 feet in width,
extending from the edge of pavement of any public or private road
for a distance of not less than 20 feet from the edge of said pavement
into the access strip for the lot, all of which area shall be paved
with an all-weather surface meeting the approval of the head of Borough
Engineering Services. The remainder of the driveway serving a flag
lot shall be a minimum 10 feet in width, and if the access strip exceeds
a depth of 200 feet, a ten-foot-by-twenty-foot turnoff shall be provided
for vehicle passage.
A.
Applicability. All lots or parts of lots which are improved with
a predominantly nonresidential use and whose side or rear lines are
adjacent to a residential district shall be screened from such residential
district by landscaped buffer strips. (A residential district that
shares a district boundary line which is a street or alley center
line shall be considered an adjacent district.) Screening may be required
by other sections of this chapter or pursuant to conditions imposed
by the Borough Council and Zoning Hearing Board. Except in Town Center
and Downtown Business Districts, a screen shall also be required where
a lot for a nonresidential use has side or rear lot lines adjacent
to a residential use not in a residential district.
B.
General regulations.
(1)
Within required buffer areas, a solid and continuous landscape screen
shall be planted and maintained. Said landscaping shall consist of
massed evergreen and/or deciduous trees and shrubs of at least 3 1/2
feet in height and of such species as will produce within three growing
seasons, a screen at least six feet in height, so as to continually
restrict a clear view beyond said buffer strip.
(2)
The entire buffer strip shall be at least eight feet in width and
shall be graded and planted with grass seed or sod and such other
shrubbery or trees as may be desired by the owner.
(3)
A zoning occupancy permit for a use on the premises shall not be
issued until such time as the landscaping requirements, buffer strips
and/or other approved screen as required by this chapter are installed.
(4)
In required buffer areas where a natural buffer strip is considered
to be impracticable or inappropriate, an opaque fence may be substituted
in whole or in part for a natural buffer provided its specifications
are approved by the Zoning Officer. Such fence shall be maintained
as required by this chapter.
(5)
In circumstances where it is impractical for a screen to meet all
the requirements of this section or would create an undue hardship,
the Zoning Hearing Board may approve acceptable alternatives which
shall satisfy the spirit, objectives and intent of the screen requirements.
A.
Customary household pets shall be permitted in any district, subject
to the provisions below. The keeping of domestic farm animals, including
a horse, pig, goat, cow, steer, sheep, buffalo, ostrich, or llama
shall not be considered a permitted accessory use. The keeping of
exotic animals is not permitted in any district.
B.
The keeping of customary household pets is permitted as an accessory
use to residential uses. The keeping of customary household pets,
shall be subject to the following regulations in order to promote
the health, safety, and general welfare of Borough residents:
(1)
It shall be unlawful for any person or persons, corporation, partnership,
or other entity whatsoever, to harbor, care for, shelter or maintain
any customary household pet in such a manner as to disturb or unduly
annoy the public through the pet's noise, barking, other sounds,
smells, mischief or other harmful propensities. All household pet
pens or other areas in which such animals are kept or allowed access
shall be maintained in a sanitary condition free of offensive, obnoxious
or foul odors.
(2)
If any customary household pet is kept in an enclosure outside such
dwelling, it shall be the duty of the owner, custodian or keeper of
such pet, and the duty of the parent or guardian of any minor owner
of any pet, to keep the pet securely tied or penned in a yard or enclosure
in such a manner that the pet cannot break loose and run at large
over the streets, alleys or public grounds in the Borough or upon
the property of anyone other than the owner, custodian or keeper of
such pet.
C.
Fowls are permitted only in accordance with the following regulations:
(1)
The maximum number of fowls allowed on a property is three.
(2)
Only female (pullets or hens) fowls are permitted.
(3)
There is no restriction on the breed of fowl which may be kept.
(5)
Fowl shall be housed in a fowl coop which has access to a fowl pen.
During nondaylight hours, fowl shall be secured in the fowl coop.
(6)
Construction and design of the coop. The coop shall comply with the
principal setback requirements for the district. The coop shall be
stationary, enclosed with solid material on all sides and have a solid
roof and door(s). The coop shall be at least 18 inches high and provide
at least 2 1/2 square feet of floor area per fowl. The coop shall
be impermeable to rodents, wild birds, dogs, cats and other predators.
(7)
Construction and design of the coop. The pen shall be constructed
of wood or metal posts with wire mesh fencing material (wire mesh
with a maximum spacing of one inch by one inch). The pen shall contain
at least 10 square feet of area per fowl. The fence shall rise at
least four feet above the ground and be buried at least one foot below
the ground. The pen shall be covered with wire mesh, aviary netting
or solid roofing.
(8)
Maintenance of coop, pen and surrounding area. The coop, pen and
surrounding area shall be kept clean, dry, and odor-free, and in a
neat and sanitary condition at all times. All manure, uneaten feed,
and other trash shall be removed in a timely manner and disposed of
by using an approved sanitary method, including composting or double
bagging manure and placing the manure in the trash for collection.
Under no circumstances shall fowl manure be placed into the sanitary
or storm sewer system. Slaughtering of fowl is permitted. If a fowl
dies, it shall be disposed of in accordance with the Domestic Animal
Law, 3 Pa.C.S.A. § 2301 et seq.
(9)
Living conditions. Fowl shall have access to feed and clean water
at all times, and such feed and water shall be inaccessible to rodents,
wild birds and predators.
(10)
A person shall not keep fowl in any location on the property
other than the rear yard. For the purpose of this section, rear yard
means that portion of a lot enclosed by the property's rear lot
line and the side lot lines to the points where the side lot lines
intersect with an imaginary line established by the rear of the single-family
structure and extending to the side lot lines.
(11)
All feed and other items associated with the keeping of fowl
that are likely to attract or to become infested with or infected
by rats, mice, or other rodents shall be protected so as to prevent
rats, mice, or other rodents from gaining access to or coming into
contact with them.
(12)
The permitted keeping of fowl shall be conducted in a manner
that does not disturb the use or enjoyment of adjacent properties.
Odor generated by the fowl shall not be perceptible at the property
boundaries, and noise generated by the fowl shall not disturb people
of reasonable sensitivity at the property boundaries.
A.
Applicability.
(1)
Outdoor lighting shall be required for safety and personal security
for uses that operate or have activity during hours of darkness where
there is public assembly and traverse, including but not limited to
the following uses: multifamily residential developments, commercial,
industrial, municipal, recreational and institutional.
(2)
The Borough Council may require lighting be incorporated for other
uses or locations or restrict lighting in any of the above uses, when
deemed necessary to accomplish the purposes of this chapter.
(3)
The glare-control requirements herein contained apply to lighting
in all above-mentioned uses as well as, but not limited to, sign,
architectural, landscape, recreational and residential lighting.
B.
Criteria.
(1)
Illumination levels.
(a)
Lighting, where required or permitted by this chapter, shall
have intensities and uniformity ratios in accordance with the current
recommended practices of the Illuminating Engineering Society of North
America (IESNA) as contained in the IESNA Lighting Handbook or separately
in IESNA Recommended Practices, unless alternative lighting levels
are approved by the Borough Council based upon acceptable justification
and control of glare as required by this chapter.
(b)
Future amendments to said recommended practices shall become
a part of this chapter without further action of the Borough.
(c)
Examples of intensities for typical outdoor applications, as
extracted from the Lighting Handbook, are presented on the next page
but are not all inclusive.
|
Use/Task
|
Maintained Footcandle
|
Uniformity Ratio
| |
|---|---|---|---|
|
Parking, multifamily residential
| |||
|
Low vehicular/pedestrian activity
|
0.2 min.
|
4:1 avg:min*
| |
|
Medium vehicular/pedestrian activity
|
0.6 min.
|
4:1 avg:min*
| |
|
Parking, industrial/ commercial/ institutional/ municipal
| |||
|
High activity, e.g., regional shopping centers/fast food facilities,
major athletic/civic/cultural events.
|
0.9 min.
|
4:1 avg:min*
| |
|
Medium activity, e.g., community shopping centers, office parks,
hospitals, commuter lots, cultural/civic/recreational events
|
0.6 min.
|
4:1 avg:min*
| |
|
Low activity, e.g., neighborhood shopping, industrial employee
parking, schools, church parking
|
0.2 min.
|
4:1 avg:min*
| |
|
Sidewalks, walkways, and bikeways
| |||
|
Commercial
|
1.0 avg.
|
5:1 avg:min
| |
|
Residential
|
0.5 avg.
|
5:1 avg:min
| |
|
Building entrances, commercial, industrial, institutional
|
5.0 avg.
|
—
| |
|
Service station pump islands
|
20.0 avg.
|
4:1 avg:min
| |
|
Car dealerships
|
20.0 max.
|
5:1 max:min
| |
|
Notes:
| |
|
1.
|
Illumination levels are maintained horizontal foot-candles on
the task, e.g., pavement or area surface.
|
|
2.
|
Uniformity ratios dictate that average illuminance values shall
not exceed minimum values by more than the product of the minimum
value and the specified ratio, e.g., for high activity commercial
parking, the average illuminance shall not exceed 3.6 footcandles
(0.9 x 4).
|
|
3.
|
In no case shall the maximum to minimum uniformity ratio for
parking be in excess of 20:1.
|
(2)
Lighting fixture design.
(a)
Fixtures shall be of a type and design appropriate to the lighting
application required by applicable codes.
(b)
For the lighting of predominantly horizontal surfaces such as,
but not limited to, roadways, areas of vehicular and pedestrian passage,
loading areas, and parking areas, fixtures, whether freestanding,
wall-mounted, or any other type, shall be aimed straight down and
shall meet IESNA full cutoff criteria.
(c)
Where the use of fixtures meeting IESNA full-cutoff criteria
is not practical or possible, fixtures shall be equipped with aiming
and/or light-redirecting devices such as shields, visors, baffles,
skirts or hoods when necessary to direct or redirect offending light
distribution.
(d)
The use of floodlighting, spotlighting, noncutoff wall-mounted
fixtures, internally illuminated decorative globes and spheres, lanterns
and other fixtures not meeting IESNA full cutoff criteria, shall be
permitted only with the approval of the Borough, based upon acceptable
justification and achievement of control of glare as required by this
chapter.
(e)
NEMA-head fixtures, also known as "barn lights" or "dusk-to-dawn
lights," shall not be permitted where they are visible from other
uses, unless fitted with a reflector or shield to render them full
cutoff.
(3)
Control of nuisance and disabling glare.
(a)
All outdoor lighting, whether or not required by this chapter,
on private, residential, commercial, industrial, municipal, recreational
or institutional property shall be aimed, located, designed, fitted
and maintained so as not to present a hazard to drivers or pedestrians
by impairing their ability to safely traverse and so as not to create
a nuisance by projecting or reflecting objectionable light onto a
neighboring use or property.
(b)
The use of floodlights and spotlights shall be so installed
or aimed that they do not project their output beyond the boundaries
of the property on which they are located.
(c)
Vegetation screens shall not be employed to serve as the primary
means for controlling glare. Rather, glare control shall be achieved
primarily through the use of such means as cutoff fixtures, shields
and baffles, and appropriate application of fixture mounting height,
wattage, aiming angle and fixture placement.
(d)
In no case shall the illumination cast by a source or sources
onto an adjacent residential property exceed 0.1 vertical footcandle.
The amount of illumination cast onto any nonresidential property from
another property shall not exceed one vertical footcandle.
(e)
Directional fixtures, e.g., floodlights or spotlights, shall
be aimed so as not to project their output beyond the objects intended
to be illuminated. Such lighting shall not project onto another property.
(f)
The use of strobe lighting for tall structures such as smokestacks,
chimneys and radio/communications/television towers is prohibited
during hours of darkness, except as specifically required by FAA.
(4)
Installation. Except as specifically approved by the Borough Council,
fixtures meeting IESNA full cutoff criteria shall not be mounted in
excess of 20 feet above finished grade. Fixtures not meeting IESNA
cutoff criteria, when specifically approved by the Borough Council,
shall not be mounted in excess of 16 feet above grade.
(5)
Maintenance. Lighting fixtures and ancillary equipment shall be maintained
by the owner so as always to meet the requirements of this chapter.
(6)
Plan submission.
(a)
For subdivision and land development applications where site
lighting is required or proposed, lighting plans shall be submitted
to the Borough for review and approval with any preliminary or final
subdivision/land development plan application and with any conditional
use, special exception, variance application or building permit where
applicable, and shall include:
[1]
A site plan, complete with all structures, parking spaces, building
entrances, traffic areas (both vehicular and pedestrian), vegetation
that might interfere with lighting, and adjacent uses that might be
adversely impacted by the lighting, and a layout of all proposed fixtures
by location, mounting height and type. The submittal shall include
in addition to area lighting, architectural lighting, building entrance
lighting, landscape lighting, etc.
[2]
When requested by the Borough Council, an illuminance grid (point-by-point)
plot of maintained footcandles, carried out to 0.0 footcandles, which
demonstrates compliance with the light trespass, intensity and uniformity
requirements as set forth in this chapter. The maintenance (light
loss) factor used in calculating the illuminance levels shall be documented
on the plan.
[3]
When requested by the Borough Council, description of the proposed
equipment, including fixture catalog cuts, photometrics, glare reduction
devices, lamps, on/off control devices, mounting heights, pole foundation
details and mounting methods.
(b)
When requested by the Borough Council, the applicant shall also
submit a visual impact plan that demonstrates appropriate steps have
been taken to mitigate on-site and off-site glare and light trespass.
(c)
The following notes shall appear on the lighting plans:
[1]
Postapproval alterations to lighting plans or intended substitutions
for approved lighting equipment shall be submitted to the Borough
Zoning Officer for review and approval.
[2]
The Borough Council reserves the right to conduct a postinstallation
nighttime inspection to verify compliance with the requirements of
this chapter, and if appropriate, to require remedial action at no
expense to the Borough.
(7)
Compliance monitoring.
(a)
Safety hazards.
[1]
If the Borough Zoning Officer judges a lighting installation
creates a safety or personal security hazard, the person(s) responsible
for the lighting shall be notified in writing and required to take
remedial action within a specified time period.
[2]
If appropriate corrective action has not been effected within
the specified time period, the Borough may commence legal action as
provided in this chapter.
(b)
Nuisance glare and inadequate illumination levels.
[1]
When the Borough Zoning Officer judges an installation produces
unacceptable levels of nuisance glare, direct skyward light, excessive
or insufficient illumination levels or otherwise varies from this
chapter, the Borough may cause written notification of the person(s)
responsible for the lighting and require appropriate remedial action
within a specified time period.
[2]
If the appropriate corrective action has not been effected within
the specified time period, the Borough may commence legal action as
provided in this chapter.
Upon request of the Borough, a landowner shall furnish proof
at his own expense that he is in compliance with the following standards.
No use shall be operated in such a manner as to constitute a danger
to the residents and inhabitants of the Borough. All uses and activities
established after the effective date of this chapter, unless otherwise
indicated, shall comply with the following standards:
A.
Air management.
(1)
No malodors shall be detectable beyond the lot lines of the lot on
which such malodors originate.
(2)
Air quality standards of the Pennsylvania Department of Environmental
Protection shall be complied with unless a more restrictive standard
is established by this chapter, in which case the more restrictive
standard shall apply.
(3)
No person shall permit the emission into the outdoor atmosphere of
visible air contaminants in such a manner that the opacity of the
emission is greater than 20%, except where the presence of uncombined
water is the only reason for the failure of the emission to meet this
limitation.
(4)
No dust or dirt shall be discharged beyond the lot lines of the lot
on which it originates, except as may occur during lawn maintenance,
agricultural operations, or construction operations carried out pursuant
to any applicable State requirements and required planning and permitting
procedures.
B.
Wastewater management. No wastewater discharge is permitted into
a reservoir, sewage or storm disposal system, stream, open body or
water, or into the ground, of any materials in such a way or of such
nature or temperature as could contaminate any water supply or damage
or be detrimental to any sewage system or sewage treatment plant,
or otherwise cause the emission of dangerous objectionable elements
unless treated so that the insoluble substances (oils, grease, acids,
alkalines and other chemicals) are in accordance with the standards
as approved by Water Pollution Control Boards, appropriate agencies
of the Department of Environmental Protection, other Borough regulations
or other agencies having jurisdiction.
C.
Solid waste management.
(1)
No storage of waste material on the lot shall be permitted. Except
in the case of residential properties where otherwise required by
this chapter or other municipal ordinance, all waste materials awaiting
transport shall be concealed from view from all adjacent properties
and streets, kept in enclosed containers, and be enclosed by a fence
or other suitable means to prevent access to the material from all
adjacent properties.
(2)
All storage and waste disposal shall conform to the Borough fire
prevention code and other ordinances as they may apply.
(3)
No materials or wastes shall be deposited upon a lot in such form
or manner that they may be transferred off the lot by natural causes
or forces, nor shall any substance which can contaminate a stream
or watercourse or otherwise render such stream or watercourse undesirable
as a source of water supply or recreation, or which will destroy aquatic
life be allowed to enter any stream or watercourse.
(4)
All materials or wastes which might cause fumes or dust or which
constitute a fire hazard or which may be edible or otherwise attractive
to rodents or insects shall be stored outdoors only if enclosed in
containers which eliminate such hazards.
D.
Noise and vibration.
(1)
Sound level limits, measured at the property line of the source of
noise shall be as follows, unless a more restrictive standard is applied
elsewhere in this chapter.
(a)
Ambient sound levels shall be observed with an integrating sound
level meter complying with current Type 1 ANSI or ISO standards. The
meter shall be set for fast response and "A" weighting. The average
(equivalent) sound level shall be observed over at least a twenty-minute
period.
(b)
Measurements to determine compliance with sound level limits
shall be done with an integrating sound level meter conforming to
current Type 1 ANSI or ISO standards. The meter shall be set for fast
response and "A" weighting. The average (equivalent) sound level shall
be observed over at least a twenty-minute period.
|
Sound Levels by Receiving Land Use
| ||
|---|---|---|
|
Zoning of Adjoining Lot
|
Time
|
Sound Level (Leq) Limit
|
|
Residential, Hospital/Office, Institutional
|
7:00 a.m. to 10:00 p.m.
|
65 dBA
|
|
10:00 p.m. to 7:00 a.m. plus Sundays and legal holidays
|
50 dBA
| |
|
Commercial or Industrial
|
7:00 a.m. to 10:00 p.m.
|
65 dBA
|
|
10:00 p.m. to 7:00 a.m. plus Sundays and legal holidays
|
60 dBA
| |
(c)
If existing ambient sound levels are equal to or higher than
the prescribed limit, the new noise source shall be permitted to result
in a sound level increase of up to 3 dBA over existing ambient sound
levels, or to a maximum level which is 7 dBA higher than the prescribed
maximum in the preceding table, whichever is lower. If the existing
ambient sound levels are more than 7 dBA above the prescribed maximum,
no increase above ambient sound levels shall be permitted.
(d)
The maximum permissible sound levels listed in the previous
table shall not apply to any of the following noise sources:
[1]
The emission of sound for the purpose of alerting persons to
the existence of an emergency.
[2]
Domestic power tools, between the hours of 7:00 a.m. and 9:00
p.m. on Mondays through Fridays and between 7:00 a.m. and 9:00 p.m.
on Saturdays and Sundays.
[3]
Emergency work to provide electricity, water, or other public
utilities when public health or safety are involved.
[4]
Agriculture.
[5]
Construction operations.
[6]
Public celebrations authorized by the Borough.
[7]
Lawn maintenance equipment.
[8]
Surface carriers engaged in commerce by railroad.
[9]
Motor vehicle operations, other than parked trucks and other
parked vehicles that run continuously for more than 15 minutes.
[10]
The unamplified human voice.
[11]
Short duration sound levels related to isolated
events, provided the duration is less than one minute and the sound
level does not exceed 90 dBA at the property line, provided they do
not occur more than one time per hour, and provided they occur only
between the hours of 7:00 a.m. and 7:00 p.m.
(2)
No physical vibration, with the exception of those produced as a
result of construction activity, shall be perceptible without use
of instrument at or beyond the lot lines, unless such vibration shall
be regulated by and shall have been approved by the Pennsylvania Department
of Environmental Protection.
E.
Heat. Any operation producing heat shall be conducted in such a manner
as to prevent any effect from the heat beyond the lot lines of the
lot on which the operation is located.
F.
Electromagnetic and radioactive radiation. All electromagnetic radiation
shall comply with the regulations of the Federal Communications Commission,
provided that no electromagnetic radiation shall be produced which
interferes with radio or television reception or the operation of
other equipment beyond the lot lines. No injurious electromagnetic
radiation or radioactive emission shall be produced, and all radioactive
emissions shall meet federal and state standards.
G.
PADEP requirements. All regulations of the Pennsylvania Department
of Environmental Protection shall be complied with.
H.
Electric, gasoline, diesel, gas or other power. Every use requiring
power shall be so operated that any service line, substation, or other
facility shall:
(1)
Conform to the highest applicable safety requirements;
(2)
Be constructed and installed as an integral part of the architectural
features of the plant; and
(3)
Be concealed by evergreen planting from residential properties; and
(4)
All gasoline, gas or diesel engines shall meet the current EPA exhaust
requirements at the time of installation.
A.
The Borough Council may approve an original art mural as a conditional
use for a property in the Downtown Business District or Town Center
District which has frontage on Main Street. The mural shall be consistent
with the objectives of encouraging artistic expressions, fostering
a sense of pride in the Borough of Waynesboro, not interfering with
traffic safety or otherwise endangering public safety, providing art
which is appropriate in size and will not dominate the visual appearance
of downtown Waynesboro, and providing esthetic benefits the public
will enjoy while not contributing to visual blight.
B.
Any alteration of an original art mural, other than minor changes
to the mural that result from the maintenance or repair of the mural
or from naturally occurring changes to the mural caused by exposure
to the elements or the passage of time, shall require a new permit
and approval by Borough Council.
C.
No part of an original art mural shall exceed the height of the structure
to which it is tiled, painted or affixed.
D.
No original art mural shall consist of or contain electrical or mechanical
components, or changing images (moving structural elements, flashing
or sequential lights, lighting elements, or other automated methods.
E.
No original art mural shall be placed over the exterior surface of
any building opening, including, but not limited to, windows, doors,
and vents.
F.
No original art mural shall be placed on a dwelling.
G.
No original art mural shall be arranged and illuminated in a manner
that will produce a light intensity above ambient lighting, as measured
at the property line.
H.
Original art murals shall only be placed on the side walls of buildings.
No such mural shall face a street.
I.
The maximum size of an original art mural shall be 360 square feet.
J.
No material which is part of an original art mural shall project
from the building wall on which it is placed.
K.
No original art mural shall contain material which appeals to the
prurient interest.
