A.
This article establishes additional specific requirements for certain
specific uses, in addition to the sign, parking, floodplain, environmental
and other general requirements of this Zoning chapter and the requirements
of each district. Wherever two requirements conflict, the more restrictive
requirement upon the applicant shall apply.
B.
For uses allowed within a specific zoning district as special exception or conditional uses, see the procedures and general standards in §§ 400-111 and 400-117. These §§ 400-402 and 400-403 list a set of additional standards to be used in determining whether a proposed special exception or conditional use should be approved.
A.
Each of the following uses shall meet all of the following requirements
for that use:
(1)
Adult use. (This is limited to the following: adult bookstore,
adult movie theater, massage parlor or adult live entertainment use.)
(a)
No such use shall be located within 500 lineal feet of the lot
line of any primary or secondary school, place of worship, public
park, day-care center, child nursery, library, existing dwelling not
owned by the same owner as the adult use, or any site marked as a
proposed future park location on any Borough Official Map.
(b)
No such use shall be located within 1,000 lineal feet of any
existing "adult use."
(c)
A 35-foot buffer yard shall be provided along the side and rear lot lines in accordance with § 400-803, but with plantings of an initial minimum height of five feet.
(d)
No pornographic material, displays or words shall be placed
in view of persons who are not inside of the establishment. Definite
precautions shall be made to prohibit minors from entering the premises.
(e)
No such use shall be used for any purpose that violates any
federal, state or Borough law.
(g)
No such use shall be allowed in combination with the sale of
alcoholic beverages.
(h)
The use shall not include the sale or display of "obscene" materials,
as defined by state law, as may be amended by applicable court decisions.
(i)
These uses are specifically prohibited in all districts except where specifically permitted by Article III.
(j)
A minimum lot area of one acre is required unless a larger lot
is required in the applicable district regulations.
(k)
For public health reasons, private or semiprivate viewing booths
of any kind are prohibited. This specifically includes, but is not
limited to, booths for viewing adult movies or nude dancers. No room
of any kind accessible to customers shall include less than 150 square
feet.
(l)
No use may include live actual or simulated sex acts or any
sexual contact between entertainers or between entertainers and customers
or between customers.
(m)
Only "lawful" massages as defined by state court decisions shall
be performed in a massage parlor.
(n)
All persons within any adult use, other than performers in an
adult live entertainment use, shall wear nontransparent garments that
cover their genitals and the female areola.
(o)
Unless the Zoning Officer agrees in advance to send such notices,
the applicant shall provide a written affidavit stating that he has
mailed or delivered a written notice of the proposed hearing date
to all property-owners of record within 1,000 feet of the subject
property at least 10 days prior to the hearing date.
(p)
Any application for such use shall state the names, home addresses
and home phone numbers of: a) all individuals intended to have more
than a 5% ownership in such use or in a corporation owning such use;
b) an on-site manager responsible to ensure compliance with this Zoning
chapter; and c) any legal representative of the applicant. Such information
shall be updated once a year, in writing, to the Zoning Officer.
(3)
After hours club. See State Act 219 of 1990, which generally
prohibits this use.
(4)
Heliport.
(a)
Minimum lot area: 15 acres.
(b)
The site and its design shall be approved by the Pennsylvania
Bureau of Aviation and the Federal Aviation Administration.
(c)
The proposed expected flight paths shall be designed to minimize
noise hazards to existing residences or approved residential developments.
(d)
The landing pad shall be a minimum of 300 feet from the lot
line of any existing dwelling which the applicant for heliport does
not own or have an agreement of sale. Any portion of a heliport shall
be 100 feet from any other lot line.
(e)
Conditions. The Borough Council, with advice by the Planning
Commission, may place such necessary and reasonable conditions on
the use to carry out the objectives of this Zoning chapter. These
include limiting the types and sizes of aircraft, office hours of
operations, the numbers of flights and the general direction of approach.
However, such board shall not place any conditions on the use that
will seriously interfere with the safety of the operations.
(5)
Animal cemetery.
(a)
All the regulations for a "cemetery" in this section shall apply.
(b)
The applicant shall prove to the satisfaction of the Borough
Council, with advice by the Planning Commission, that the use will
be conducted in such a manner that the public health and groundwater
quality will not be threatened.
(c)
Any crematorium shall be set back a minimum of 250 feet from
any "residential lot line."
(d)
The applicant shall prove that there will be a long-term system
to ensure perpetual maintenance.
(6)
Auto repair garage or auto service station.
(a)
Any spray paint work shall be performed within a building. All
spray painting shall require a fume collection system that directs
fumes away from any adjacent dwellings.
(c)
Outdoor storage of vehicles shall be set back a minimum of 20
feet from a lot line of an existing dwelling.
(d)
Overnight outdoor storage of "junk" other than junk vehicles
shall be prohibited within view of a public street or a dwelling.
(e)
An individual "junk vehicle" (as defined by Article II) shall not be stored within view of a public street or a dwelling for a total of more than 20 days. A maximum of six junk vehicles may be parked on a lot outside of an enclosed building at any one time.
(f)
Fuel pumps shall be at least 25 feet from the existing street
right-of-way.
(8)
Bed-and-breakfast use (see definition in Article II).
(a)
Minimum lot area of 7,200 square feet plus 300 square feet for
each sleeping in excess of four, provided the prescribed yard, lot
width, and height requirements for one-family dwelling are met.
(b)
Capacity. A maximum of five rental units.
(c)
Parking. 1.5 off-street parking spaces shall be provided for
each rental unit, in addition to two off-street parking spaces for
the owners/managers/employees. No more than two off-street parking
spaces shall be located within the required front yard. If more than
four parking spaces are provided within 50 feet of an adjacent dwelling,
the spaces shall be separated from the dwelling by plant screening
that primarily includes evergreens and that meets the approval of
the Borough Council.
(d)
At least one bathroom shall be provided for every three rental
units, plus one bathroom for resident operators.
(e)
Signs. There shall not be any signs, show windows or any type
of display or advertising visible from outside the premises, except
for a single sign which shall:
(f)
Appearance. The use shall have an appearance and character consistent
with a residence. The only exterior changes permitted to portions
of residential buildings that are visible from a public street shall
be for historic restoration, cosmetic improvements and any necessary
safety or handicapped access improvements.
(g)
The use shall be operated and managed on a daily basis by owners
permanently residing on the premises. A maximum of two nonresident
employees may regularly work on the premises.
(h)
Food. Separate cooking facilities shall not be provided in any
guest room. Food shall only be served to guests who are staying overnight,
and not to the general public, unless a restaurant is also permitted
in the district and the requirements for a restaurant are also met.
(i)
The use shall be limited to transient visitors to the area.
No guest shall stay for more than 24 total days in any sixty-day period.
(j)
The use of any amenities, such as swimming pool or tennis court,
shall be restricted in use by overnight guests and permanent residents
of the establishment and their occasional invited guests, unless commercial
recreation is permitted in the district and the requirements for such
use are also met.
(k)
Utilities. The applicant shall prove that any existing on-lot
septic system is sufficient in size for the expected increase in flow
and that there is no visible sign of failure of the system. The applicant
shall also provide a written signed statement stating that any well
water to be used has been tested by a professional within the last
three months and found to be of satisfactory quality and quantity.
(l)
A bed-and-breakfast use may be within any principal building
that meets the requirements of this section. No new accessory building
shall be built to accommodate rental units or a restaurant. All existing
principal buildings shall be retained and the rooflines of such buildings
shall be maintained.
(m)
Recreation activity setback. All active recreation activities
shall be set back a minimum of 25 feet from lot lines and shall cease
within one hour after sundown.
(n)
Liquor. The use shall not operate in combination with a liquor
license, nor shall alcoholic beverages be sold by the drink. If alcoholic
beverages are made available to guests, all applicable state laws
regulating the alcoholic beverages shall be complied with.
(9)
Boardinghouse (or rooming house).
(a)
Minimum lot area: 7,200 square feet plus 300 square feet for
each sleeping room in excess of four, provided the prescribed yard,
lot width, and height requirements for a one-family dwelling are met
unless a large lot is required by the applicable district regulations.
(b)
Each sleeping room shall be limited to two persons each.
(c)
See also standards for "personal care home" which is a separate
use.
(d)
Signs shall be limited to two wall signs with a maximum of two
square feet each.
(e)
Rooms shall be rented for a minimum period of five consecutive
days.
(10)
Car wash.
(a)
Traffic flow and ingress-egress shall not cause traffic hazards
on adjacent streets.
(b)
On-lot traffic circulation channels and parking areas shall
be clearly marked.
(c)
Adequate provisions shall be made for the proper and convenient
disposal of refuse. For a truck wash, the applicant shall provide
evidence that adequate measures will be in place to prevent pollutants
from being washed into the groundwater or waterways.
(d)
Water used in the operation shall be collected and recycled,
and shall not flow into any storm sewers or waterways or the groundwater
outside of an on-lot septic system.
(e)
Water from the operation shall not flow onto sidewalks or streets,
to prevent hazards from ice.
(f)
Any car wash that is located within 250 feet of an existing
dwelling shall not operate between the hours of 9:00 p.m. and 7:00
a.m.
(g)
Any chemicals that may be hazardous to aquatic life shall be
stored within an area that will completely contain any leaks or spills.
(11)
Cemetery.
(a)
Minimum lot area: two acres.
(b)
A crematorium, where allowed, shall be set back a minimum of
250 feet from all lot lines of existing dwellings and all undeveloped
residentially zoned lots.
(c)
All structures and graves shall be set back a minimum of 30
feet from the lot line of an abutting dwelling or any undeveloped
residentially zoned lot, 20 feet from the existing right-of-way of
any public street and 10 feet from the cartway of an internal driveway.
(d)
No grave sites shall be located within the one-hundred-year
floodplain.
(e)
The use shall include an appropriate system to ensure perpetual
maintenance.
(12)
Communications tower or antennas, commercial.
(a)
The applicant shall provide written certification from a professional
engineer stating that the communications tower/antennas will meet
the requirements of the latest BOCA Building Code for wind resistance
and strength of construction and will be engineered to fall on the
same lot if the structure would fail.
(b)
A commercial communications tower shall have a maximum height
of 250 feet.
(c)
The base of a freestanding tower shall be surrounded by a secure
fence with a minimum height of eight feet.
(13)
Community center, library.
(a)
Minimum lot area of 20,000 square feet.
(b)
All parking, interior driveways, except necessary entrance/exit
drives, shall be set back a minimum of 50 feet from all residential
lot lines, and 25 feet from all other lot lines. All buildings shall
be set back a minimum of 25 feet from all lot lines.
(14)
Conversion of existing buildings to result in an increased number
of dwelling units, other than as permitted under accessory uses.
(a)
The maximum number of dwelling units after conversion is limited
to two.
(b)
Minimum lot area: 3,000 square feet per dwelling unit. All other bulk and area regulations in § 400-307 shall apply.
(c)
Each dwelling unit shall contain within the unit a complete
kitchen, toilet and bathing facility; shared facilities shall not
be permitted.
(d)
Each dwelling unit shall have a minimum habitable floor area
according to the following table:
|
Type of Unit
|
Minimum Square Feet
|
|---|---|
|
Efficiency
|
400
|
|
1-bedroom
|
500
|
|
2-bedroom
|
650
|
|
3-bedroom
|
800
|
|
Each additional bedroom, den, or recreation room
|
150 additional square feet
|
(e)
The appearance of a single-family dwelling unit shall be maintained.
For the converted structure necessary changes in the number or placement
of windows to provide adequate light and air will be allowed, but
shall be minimized; any changes which occur shall be of one manner
consistent with the architectural character of the dwelling.
(f)
Except for parking in driveways, no parking spaces shall be located in the front yard. Parking areas shall be designed so that each vehicle has access to the street without the necessity of moving another vehicle. All newly constructed driveways and parking spaces shall be set back a minimum of five feet from all property lines. Off-street parking shall be designed to be accessible from the lowest order street on which the property fronts. Except for driveway and walkway accesses, buffering shall be placed around off-street parking areas which contain three or more spaces. Plant material or fences shall be used. Material used in screen plantings shall be multi-stemmed evergreen species and shall be at least three feet in height when planted. The plant material shall produce a visual screen of at least four feet in height within two years. Fences shall be four to five feet in height and shall provide a visual screen. Off-street parking improvements shall be provided based on the number of bedrooms per dwelling unit with two spaces for one sleeping room plus one space for each additional sleeping room. All parking areas shall also comply with Article VI of this Zoning chapter.
(g)
Garbage and refuse pickup and other utility areas shall be provided
and shall be located so as not to detract from the aesthetic character
of the neighborhood and shall be enclosed and shielded from view by
fencing, walls, or shrubbery. Planted material or fences shall meet
the standards for buffering of parking areas specified above.
(h)
Certification of adequate sewer and water services shall be
provided by the applicant.
(i)
Basement or cellar dwelling units shall be permitted only if
all exterior walls of the dwelling unit are at least four feet above
the average finished grade level of the adjoining ground.
(15)
Day-care center, child, as a principal use.
(b)
The use shall comply with any applicable county, state and federal
regulations, including having an appropriate Pennsylvania Department
of Public Welfare registration certificate or license.
(c)
Convenient parking spaces with the requirements of Article VI shall be provided for persons delivering and waiting for children.
(d)
The use shall meet the same lot and dimensional requirements
as a single-family detached dwelling.
(e)
The use shall include adequate measures to ensure the safety
of children from traffic or other nearby hazards. This shall include
a secure fence around any outdoor areas routinely used for outdoor
play to separate the areas from abutting streets or other attractive
nuisances or hazards on adjoining lots.
(f)
Outside play areas shall be limited to use between 8:00 a.m.
and 8:00 p.m. if located within 200 feet of an abutting dwelling.
(g)
Outdoor play areas of a day-care center involving the care of
25 or more children at any one time shall be set back a minimum of
25 feet from the lot line of an abutting existing occupied dwelling.
(h)
In residential districts, any permitted day-care center shall
maintain an exterior appearance that resembles and is compatible with
any existing dwellings in the neighborhood.
(i)
A day-care center may occur in a building that also includes
permitted or nonconforming dwelling units.
(j)
See also the standards for a place of worship in this section,
which allows a day-care center as an adjunct use.
(16)
Funeral home.
(a)
On a zoning lot having a minimum of 7,200 square feet plus 300
square feet for each chapel.
(b)
The prescribed yard, lot width, and height requirements for
a one-family dwelling are met.
(c)
There shall be no crematory, receiving vault, preparation room,
or display of merchandise or advertising visible from outside the
main or accessory building.
(d)
There shall be no loading or unloading of merchandise or bodies
of deceased persons on public property.
(e)
There shall be no parking or standing of motor vehicles on public
property.
(f)
The scale of business in relationship to the character of uses
around the particular location will be such as not to be detrimental
to, or alter the character of, the neighborhood.
(17)
Golf course.
(a)
The course shall be designed so that golf balls are unlikely
to enter public streets or property that is not part of the golf course.
(b)
A clubhouse, retail sales of golf supplies and/or restaurant
may be permitted as accessory uses. Any building shall be set back
a minimum of 250 feet from any residential lot line.
(c)
Minimum lot area: 40 acres in a residential district.
(d)
Any outdoor lighting shall be located and designed in such a
way that it does not generate more light onto residential properties
than what is customary in a residential neighborhood.
(e)
Maximum building coverage: 3%.
(f)
Maximum impervious coverage: 10%.
(g)
Fairways and greens shall be set back a minimum of 40 feet from
the lot line of any existing dwelling.
(h)
A golf course may include a driving range if the area occupied
by the users is set back a minimum of 250 feet from any residential
lot line.
(18)
Group home.
(b)
Supervision. There shall be adequate supervision as needed by
an adequate number of person(s) trained in the field for which the
group home is intended.
(c)
Certification. The use shall be licensed or certified under
an applicable state, county or federal program for group housing,
if applicable. A copy of any such license or certification shall be
filed with the Borough, and shall be required to be shown to the Zoning
Officer in the future upon request. The group home shall notify the
Borough within 14 days if there is a change in the type of clients,
the sponsoring agency, the maximum number of residents or if an applicable
certification/license expires, is suspended or is withdrawn.
(d)
Registration. The group home shall register its location, general
type of treatment/care, maximum number of residents and sponsoring
agency with the Borough. Such information shall be available for public
review upon request.
(e)
Counseling. Any medical or counseling services provided on the
lot shall be limited to residents and a maximum of three nonresidents
per day.
(20)
Junkyard (includes automobile salvage yard).
(a)
Storage of garbage or biodegradable material is prohibited,
other than what is customarily generated on-site and routinely awaiting
pickup.
(c)
The site shall contain a minimum of two exterior points of access,
each of which is not less than 20 feet in width. One of these accesses
may be limited to emergency vehicles. Cleared driveways shall be provided
throughout the entire use to allow access by emergency vehicles. Adequate
off-street parking areas shall be provided for customers.
(d)
Outdoor storage shall be completely surrounded (except at approved driveway entrances) by a forty-foot wide buffer yard which complies with § 400-803, unless such storage is not visible from an exterior lot line or street. The initial height of the evergreen planting shall be six feet. Secure fencing with a minimum height of eight feet shall be provided and well-maintained around all outdoor storage areas. Such fencing shall be provided inside of the evergreen screening.
(e)
Burning or incineration of vehicles or junk is prohibited.
(g)
All gasoline and oil shall be drained from all vehicles and
properly disposed of. All batteries shall be removed from vehicles
and properly stored in a suitable area on an impervious, properly
drained surface.
(h)
Lot area. Three acres minimum; 20 acres maximum.
(21)
Kennel.
(a)
All buildings in which animals are housed and all runs shall
be located at least 200 feet from all "residential lot lines."
(b)
Buildings shall be adequately soundproofed so that sounds generated
within the buildings cannot routinely be heard within any adjacent
dwelling.
(c)
No animal shall be permitted to use outdoor runs from 8:00 p.m.
to 8:00 a.m. that are within 300 feet of an existing dwelling. Runs
for dogs shall be separated from each other by visual barriers a minimum
of four feet in height to minimize dog barking.
(d)
See state law regulating kennels.
(e)
A kennel may be used for breeding.
(f)
Minimum lot area: 10 acres.
(22)
Marinas. All applications for marinas shall present marina operating
plans in accordance with the following:
(a)
Siting.
[1]
The site should require minimal dredging, both
initial and maintenance.
[2]
The site should have a total flushing time of less
than four days (two or less is preferred). Sites located in dead-end
finger channels shall be carefully scrutinized to ensure acceptable
flushing rates.
[3]
The site should be located with safe, convenient
access to cruising waters; winding channels, hazardous routes and
long travel distances to water-use areas are discouraged.
[4]
The site must have adequate land access for autos,
trucks, trailers and firefighting equipment.
[5]
Sites must have sewer access.
(b)
Design.
[1]
The following standards should be followed to promote
water quality in the marina basin.
[a]
Basin depths must never exceed the depths of access
channels nor the open water to which the basin connects.
[b]
Deep-draft slips shall be constructed in naturally
deep portions of the site in order to minimize the need for dredging.
[c]
Floating breakwaters are preferred in low-energy
areas (where wavelengths are less than twice the width of the breakwater).
[d]
Sharp angles are to be avoided; corners should
be gently rounded, never square.
[e]
Basin depths should uniformly deepen toward the
exit and waterway outside the basin.
[f]
Entrance channels should not be located on corners.
[g]
Where possible, entrance channels should be oriented
in the direction of the prevailing winds to promote wind-driven circulation.
[h]
Enclosed basins should include openings at opposite
ends to promote circulation.
[i]
Slips should be oriented parallel to currents,
never broadside; this promotes circulation and reduces the load on
the pier structure.
[j]
Fuel pumps shall include back pressure cut-off
valves. Main cut-off valves shall be available both at the dock and
in the upland area of the marina.
[2]
Sloping riprap bulkheads are preferred over solid
vertical structures; they better dissipate wave energy and provide
a more diverse habitat for marine organisms.
[3]
To avoid standing waves, bulkheads shall never
be parallel to one another.
[4]
To minimize the impact on the photic zone, dock
and pier widths should be minimized. In addition, the structures should
stand as high above mean high water as possible and should be oriented
north-south to the maximum extent practicable.
[5]
The distance from a parked car to a slip shall
never exceed 600 feet.
[6]
For safety, the usable width of the entrance channel
should be at least four times the beam of the widest expected vessel,
or a minimum of 19 meters.
[7]
The marina shall provide as a minimum one pumpout
station (fixed or portable) for every 20 slips. Marinas which allow
occupation of berthed vessels for a period of 72 hours or more shall
provide slipside pumpout stations. Pumpout stations shall be designed
with holding tanks in order to prevent inputs into both septic and
sanitary waste systems. (MSD disinfectants disrupt the functioning
of these systems.)
[8]
The marina shall provide abundant trash receptacles
along with adequate fish cleaning areas, including separate and well-marked
dispensers for organic refuse.
[9]
Ample parking facilities shall be provided, with
a minimum of 0.6 space per slip. (The number will range from 0.6 to
2.5 spaces per slip, depending on the nature of the marina.)
[10]
The design should include an aesthetically pleasing
landscaping plan.
[11]
Maintenance areas shall be screened by proper
landscaping and shall include techniques which will prevent materials
from reaching the water body.
[12]
The fueling facility shall be designed to accommodate
four of the largest expected vessels.
[13]
For safety, the turning basin should be at least
2.25 times the length of the longest expected vessel.
[14]
Marinas shall provide restrooms according to the
following schedule:
[a]
Small marina: up to 40 boats.
|
Men: One toilet stall
|
Women: Two toilet stalls
|
|
One urinal
|
One washbasin
|
|
One washbasin
|
[b]
Medium marina: 40 to 80 boats.
|
Men: Two urinals
|
Women: Two toilet stalls
|
|
One toilet stall
|
Two washbasins
|
|
Two shower stalls
|
Two shower stalls
|
|
Two washbasins
|
[c]
Large marina: over 80 boats.
|
Add: One urinal/30 boats (men)
|
|
One toilet stall/60 boats (men)
|
|
One toilet stall/30 boats (women)
|
|
One washbasin/60 boats
|
|
One shower stall/60 boats
|
[d]
Restrooms shall provide both hot and cold water
and shall be maintained in a sanitary, warm, dry, brightly lit and
well-ventilated condition.
[15]
For safety, comfort, and to avoid interference
with commercial boating activity, marinas shall be designed such that
wave heights do not exceed two to four feet in the entrance channel
and one to 1.5 feet in the berthing area. Such a design will assume
four-foot external wave conditions.
[16]
The marina shall develop and implement a recycling
plan for solid waste. This shall include separate receptacles for
aluminum; brown, green and clear glass; and newspapers.
(c)
Construction.
[1]
Only high-grade, slow leaching wood preservatives
shall be used on piling and other dock/pier woods.
[2]
Dredging shall be scheduled around critical life
stages of marine organisms.
[3]
Dredging shall take place during colder months
when the dissolved oxygen levels are naturally high.
[4]
Erosion and sediment controls shall be in place
prior to construction.
[5]
Where appropriate (currents under 1.5 knots) sediment
curtains shall be used during dredging.
[6]
Clean dredge spoil with adequate grain size shall
be used for beach nourishment.
[7]
Pumpout facilities shall be designed to store the
effluent until a certified hauler can remove it; disposal into septic
systems or municipal sanitary sewer lines can disrupt the water purification
process due to the disinfectants used in conjunction with MSDs.
[8]
Applicants shall submit a Dredge Spoil Disposal
Plan identifying plans for dredge spoil disposal.
(d)
Operation.
[1]
The marina shall have available adequate floating
containment booms and sorbent materials in the event of hydrocarbon
spills. Employees shall be trained in the deployment and proper usage
of such equipment.
[2]
Operators shall immediately notify DEP and the
Coast Guard of all significant hydrocarbon spills.
[3]
Operators shall take immediate action in the event
of a spill, including boom deployment and spreading of sorbent materials.
[4]
The dumping of porta-pottys, pumpout effluents
or holding tanks into septic systems is prohibited.
[5]
Waste receptacles shall be emptied daily.
[6]
Boat maintenance shall be undertaken as far from
the water as possible.
[7]
"No discharge" signs shall be posted throughout
the marina basin.
(23)
Membership club.
(a)
All parking, interior driveways (except necessary entrance/exit
drives), developed recreation areas, buildings and similar activity
areas shall be set back a minimum of 50 feet from any residential
lot lines. All buildings shall be set back a minimum of 25 feet from
any other lot lines. Any existing healthy trees within such setbacks
shall be preserved, except at needed perpendicular crossings.
(c)
Target range. See listed separately.
(24)
Mineral extraction. The following mineral extraction provisions
shall not apply to routine removal of material from a site (such as
shale) for use as fill of land.
(a)
After areas are used for mineral extraction, they shall be reclaimed
in phases to a nonhazardous and environmentally sound state permitting
some productive future use.
(b)
A 75-foot wide yard covered by natural vegetative ground cover (except at approved driveway crossings) shall be required along all exterior lot lines that are within 250 feet of an area of excavation or within 250 feet of machinery that is greater than 35 feet in height. This yard shall include an earth berm averaging a minimum of six feet in height and an average of one shade tree for each 50 feet of distance along the lot lines. Such shade trees shall be planted outside of any berm and any fence, and shall meet the size and type requirements of § 400-603.
(c)
The following minimum setbacks shall apply for the excavated
area of a mineral extraction use from property that is not owned by
the owner of the mineral extraction use:
[1]
100 feet from the existing right-of-way of public
streets and from all exterior lot lines of the property,
[2]
150 feet from a commercial or industrial building,
unless released by the owner thereof,
[3]
250 feet from a residential lot line, other than
an abandoned dwelling,
[4]
150 feet from the lot line of a publicly owned
recreation area that existed at time of the application for the use
or expansion,
(d)
The excavated area of a mineral extraction use shall be set
back 150 feet from the average waterline of a perennial stream or
the edge of a natural wetland of more than two acres.
(e)
Fencing. The Borough Council may require secure fencing in locations
where needed to protect public safety.
(g)
County conservation district. A soil erosion and sedimentation
plan shall be prepared by the applicant and found to be acceptable
to the County Conservation District.
(h)
Hours of operation. The Borough Council may reasonably limit
the hours of operation of the use and of related trucking and blasting
operations to protect the character of adjacent residential areas.
(i)
Engineering review. The application shall be sent to the Borough
engineer or an alternate engineer appointed by Borough Council for
a review, with the reasonable costs of such review paid by the applicant.
(j)
The applicant shall also submit a copy to the Zoning Officer
of all materials submitted by the applicant to state agencies regarding
an application for this project. The use shall comply with all applicable
state regulations as a condition of Borough approvals under this Zoning
chapter, and such Borough approval may be revoked for violation of
this condition.
(k)
Preemption. Unless a specific preemption of this Zoning chapter
by a state or federal regulation or law, the most restrictive provisions
upon the applicant shall apply whenever one or more municipal, state
or federal regulations apply.
(l)
Application requirements. For any mineral extraction use involving
a proposed excavation of more than one acre, the following shall be
submitted:
[1]
Present uses of the site.
[2]
A scaled map, prepared by a professional engineer,
showing the locations of:
[a]
The proposed area to be excavated (and maximum
depth);
[c]
Lot lines of adjacent lots, and owners and existing
uses of these lots;
[d]
Watercourses, bodies of water, street rights-of-way,
buildings and publicly owned recreation areas within 250 feet of the
boundaries of land to be affected by the mineral extraction operation;
[e]
Any wetlands and forested areas to be removed or
protected and preserved as part of the use.
[3]
A detailed land reclamation plan of the area to
be excavated, showing:
[a]
Proposed reclaimed use and topography of the land
following site mineral extraction;
[b]
Actions to be taken during mining to conserve and
replace topsoil removed during mining operations;
[c]
Reasonable assurances that the applicant will be
capable of reclaiming the land in accordance with the plan within
a reasonable time after completion of the mineral extraction operations
to be covered by the requested permit.
(m)
Regulation of the maximum acreage actively used for mineral
extraction.
[1]
To ensure that large areas of land will be reclaimed
in compliance with state and Borough regulations, the Borough Council
of Supervisors may establish a maximum number of acres which may be
"affected by mineral extraction" at any one time on any lot or any
series of lots owned by one applicant or closely related applicants.
[2]
Land "affected by mineral extraction" shall mean
all total land area at any point in time that is currently under active
mineral extraction, that is not adequately reclaimed or backfilled
following prior extraction operations and that contains waste or spoil
piles from existing or prior mining activities.
(25)
Mobile/manufactured home on an individual lot or within a mobile/manufactured
home park.
(a)
Construction. Every mobile/manufactured home shall have been
constructed in accordance with the Safety and Construction Standards
of the United States Department of Housing and Urban Development.
For safety reasons, any mobile/manufactured home not meeting such
standards shall not be placed on a different lot for use as a residence
in the Borough of Bridgewater, but such home may remain at an existing
location if habitable.
(b)
Each site shall be graded to provide a stable and well-drained
area.
(c)
Each home shall have the hitch mechanism removed and it is also
recommended, but not required, that the wheels and axles be removed
and stored under the home in order to lower the home.
(d)
Anchoring. The applicant for a permit to install a manufactured/mobile
home shall provide written certification to the Zoning Officer that
the installation of the home complies with this Zoning chapter. An
anchoring system shall be installed that will prevent shifting or
uneven settling of the home and to provide a base for installation
of tie-downs. This shall involve the following method, unless the
applicant proves to the satisfaction of the Zoning Officer that another
method will be used that is recommended by the manufacturer of the
home or by the manufacturing housing industry.
[1]
The anchoring system shall consist of concrete
piers, concrete footings perpendicular to the main longitudinal frame,
or equivalent and shall be installed from ground level to below the
frost line (36 inches minimum). The piers or footings shall be a minimum
of four inches greater in width than the concrete blocks used to support
the home. This foundation system shall be placed on approximately
eight-foot centers (unless another distance is specifically recommended,
in writing, by the manufacturer) along each of the two main longitudinal
frames for each section of the home, with no more than a three-foot
overhang at each end of the section.
[2]
One-half-inch-diameter by 12-inch-long eyebolts,
or approved equivalent unshaped bars that shall be cast in place at
each corner and at two midpoints in the concrete piers, concrete footing,
slab or equivalent foundation. Concrete blocks shall be used to support
the home on the foundation system and wood shims may be used for final
leveling. The concrete support blocks shall not be wider than the
support foundation.
[3]
Each mobile/manufactured home shall be securely
anchored or tied down with cable and turn buckles or equivalent connecting
the frame to the cast-in-place eyebolts on at least four corners and
two midpoints. The tie-down shall also be in accordance with the manufacturers'
recommendations furnished with each home.
[4]
Mobile homes shall not be placed more than four
feet above the supporting ground area.
(e)
Skirting. The space between the bottom of the home and the ground
and/or home pad shall be enclosed using either:
[1]
Industry-approved skirting material compatible
with the home; or
[2]
If a slab foundation is used, masonry walls underneath
the home with soil backfill to result in the surrounding ground level
to be flush or one normal step height below the first floor elevation.
If this alternative is used, an access area with lower grade through
the masonry wall shall be installed for service access.
(f)
Homes shall have a pitched instead of a flat roof.
(g)
Homes on individual lots should be located with the longest
side facing any boundary public street.
(h)
Permit. Each mobile home shall require a Borough permit prior
to placement on a site.
(26)
Mobile/manufactured home park.
(a)
Any mobile/manufactured home park shall meet all requirements
of the Subdivision and Land Development Ordinance, except where two
provisions regulate the same matter, the more restrictive upon the
applicant shall apply. Spaces for individual mobile homes within a
mobile home park are not required to be individually surveyed and
shall not require individual metes and bounds descriptions.
(b)
Minimum tract size of 10 contiguous acres, which shall be under
single ownership.
(c)
Density. The maximum average overall density shall be four dwelling
units per acre if both approved central water service and central
sewage service will serve each dwelling. Otherwise, the maximum density
shall be an average of one dwelling unit per acre. To calculate this
density, land in common open space or proposed streets within the
park may be included, but land within the one-hundred-year floodway
or that has natural slopes of 25% or greater shall not be included.
(d)
Buffer yard. Shall have a fifty-foot wide landscaped open area around the perimeter of the site. This open area shall include evergreen screening meeting the requirements of § 400-803 where abutting an existing single-family detached dwelling. The same area of land may count toward both the open area and the setback requirements.
(g)
Common open space for a mobile home park.
[1]
A minimum of 10% of the total lot area of the entire
mobile home park shall be set aside as common open space for the residents.
Because mobile home parks are required to provide their own common
open space, a mobile home park shall not be subject to additional
common open space requirements under the Borough Subdivision and Land
Development Ordinance, as amended.
[2]
Areas within the required buffer yards, boundary setback areas and within the one-hundred-year floodplain may count toward the minimum common open space, except for areas that specifically are not permitted to be counted by Subsection A(26)(g)[3] below.
[3]
The following areas shall not be permitted to be
counted toward the minimum required common open space:
[a]
That would not be accessible to pedestrians;
[b]
That would be within a stormwater basin, unless
the applicant proves to the satisfaction of the Zoning Officer that
such area could be routinely and safely usable for recreation and
as accessible open space;
[c]
That would be within 15 feet of any principal building,
other than a recreation building; or
[d]
That would have a minimum width of less than 20
feet.
(h)
Additional uses in a mobile home park.
[1]
A mobile/manufactured home park may include a recreation
center for residents, a rental or management office, maintenance buildings
for the park, swimming pool and the sale of mobile/manufactured homes
that will be placed on the tract.
[2]
A mobile home park shall not include the sale of
homes for placement off the tract except for routine resale of existing
homes.
(i)
Parking in a mobile home park. An average minimum of 2.2 off-street
parking spaces shall be provided per dwelling unit. A minimum of two
such spaces shall be provided adjacent to the dwelling they serve.
(k)
All mobile home spaces shall have underground electric, telephone
and cable television wiring (where available).
(l)
Water service. If nonpublic central water service is proposed,
it shall be in accordance with any applicable Pennsylvania DEP and
Borough requirements.
(m)
Sewer service.
[1]
Where nonpublic central sewage service is proposed,
it shall be in accordance with Pennsylvania DEP requirements and all
applicable Borough requirements.
[2]
If a private sanitary system is proposed, it may
be constructed of PVC Schedule 35 or other approved piping and shall
be installed and bedded in accordance with any applicable Pennsylvania
DEP requirements.
(n)
Park management and operation.
[1]
The owner of the park shall supervise the installation
of all mobile homes, foundation systems and utility connections.
[2]
The owner of the park shall report all arrivals
of adult residents to the Borough Tax Collector within 30 days and
notify the Borough Tax Collector prior to any proposed resident departures.
[3]
The owner of the park shall provide reasonable
access to the Borough or its representatives for periodic inspections
of the park and its facilities.
(27)
Nursing home.
(b)
A minimum of 20% of the lot shall be suitable and developed
for passive recreation. This area shall include outdoor sitting areas
and pedestrian walks.
(c)
The density shall not exceed more than one resident or bed per
250 square feet of total building floor area.
(d)
Setback. Principal and accessory buildings shall be set back
a minimum of 50 feet from a residential lot line.
(28)
Personal care home. The standards for nursing homes in this
section shall apply.
(29)
Picnic grove, privately owned.
(a)
All parking and activity areas shall be a minimum of 250 feet
of an existing dwelling other than a dwelling with the same owner
as the picnic grove. The use shall not operate in a way that is perceptible
from beyond the lot lines between the hours of 10:30 p.m. and 7:00
a.m.
(c)
Minimum lot area: five acres.
(30)
Place of worship.
(a)
Minimum lot area: 10,000 square feet unless a larger lot area
requirement applies in the applicable district.
(b)
A primary or secondary school and/or a child or adult day-care
center are permitted on the same lot as a place of worship provided
that the requirements for such uses are also met.
(c)
One dwelling unit for a religious leader(s) of the place of
worship and their family may be accessory to a place of worship on
the same lot.
(d)
The height requirements of the district wherein the use is located
may be exceeded if every portion of the building above the height
limit is at least as many feet distant from lot lines as that portion
of the building is in height.
(e)
The location of automobile parking on the site shall be such
as to provide maximum protection and facilitate traffic movement on
abutting streets.
(f)
Minimum front and rear yards shall be 10 feet greater in depth,
and minimum side yards shall be 10 feet greater in width, than the
minimum required for any other main structure in the district in which
such use is located.
(31)
Recycling collection center.
(a)
This use shall not be bound by the requirements of a solid waste
disposal facility.
(b)
All materials shall be kept in appropriate containers, with
appropriate sanitary measures and frequent enough emptying to prevent
the attraction of insects or rodents and to avoid fire hazards.
(c)
Adequate provision shall be made for movement of trucks if needed
and for off-street parking.
(d)
A 20-foot buffer yard with screening as described in § 400-803 shall be provided between this use and any abutting residential lot line.
(e)
This use may be a principal or accessory use, including being
an accessory use to a commercial use, an industrial use, a public
or private primary or secondary school, a place of worship or a Borough-owned
use, subject to the limitations of this section.
(f)
Materials to be collected shall be of the same character as
the following materials: paper, fabric, cardboard, plastic, metal,
aluminum and glass. No garbage shall be stored as part of the use,
except for garbage generated on-site or garbage accidentally collected
with the recyclables. Only materials clearly being actively collected
for recycling may be stored on site.
(g)
The use shall only include the following operations: collection,
sorting, baling, loading, weighing, routine cleaning and closely similar
work. No burning or melting or mechanical shredding of metal or land
filling shall occur. No mechanical operations shall routinely occur
at the site other than operations such as baling of cardboard and
shredding of newspaper.
(h)
The use shall not include the collection or processing of pieces
of metal that have a weight greater than 50 pounds, except within
an industrial district.
(i)
The use shall include the storage of a maximum of 50 tons of
materials on the site if the use is within a residential district
and within 500 feet of an existing dwelling.
(32)
Residential flats. Residential flats shall be located on the
second floor of a building only above permitted commercial uses on
the first floor, and shall occupy no more than 15% of the developable
acreage; if the second floor of a building contains a residential
flat, no nonresidential use shall be permitted on that floor; and
each residential flat shall contain either one or two bedrooms and
shall be no less than 500 square feet for a one-bedroom dwelling unit
and 650 square feet for a two-bedroom unit.
(33)
Restaurant.
(a)
If drive-through service is provided, a maximum of two outdoor
menu boards are permitted, beyond the signs normally permitted, with
a maximum sign area of 40 square feet each if drive-through service
is provided. The words on such signs shall not be readable from a
street or residential lot line.
(b)
Traffic circulation onto, within and off of the lot shall be
clearly marked. Any drive-through use shall be designed with adequate
capacity for waiting vehicles and to avoid conflicts with traffic
onto, around and off of the site.
(34)
Retail store in C-1, C-3, C-4 in excess of 10,000 square feet.
(a)
There shall be submitted with the application a market analysis
of the potential service area, prepared by an individual or an organization
indicated by documentary evidence as qualified to make such an analysis.
The analysis shall include data on population, income, and buying
habits of the people.
(b)
The use shall be an integral part of a planned neighborhood
shopping center development in the C-1 district and a water dependent
use in the C-3 and C-4 districts, and the gross floor area of the
proposed store shall not be in excess of 30% of the total gross floor
area of the prospective ultimate development of said shopping center.
(c)
The Planning Commission shall determine that the proposed use
is related to its potential service area or is water dependent and
is in keeping with principles of the Borough's adopted Comprehensive
Plan.
(35)
School, public or private, primary or secondary.
(a)
Minimum lot area: one acre, if fewer than 100 students, three
acres if 100 students or more.
(b)
No children's play equipment, basketball courts, baseball
backstop or infield or illuminated recreation facilities shall be
within 25 feet of a residential lot line.
(c)
The use shall not include a dormitory unless specifically permitted
in the district.
(36)
Self-storage development.
(a)
Outdoor storage shall be limited to recreational vehicles, boats
and trailers. No junk vehicles shall be stored within view of a public
street or a dwelling.
(b)
Trash, radioactive or highly toxic substances, garbage, refuse,
explosives or flammable materials, hazardous substances, animal carcasses
or skins, or similar items shall not be stored.
(c)
The interior traffic aisles, required off-street parking areas,
loading areas and accessways shall be kept clear of stored items.
(d)
Major body work on vehicles shall not be permitted. The use
shall not include a commercial auto repair garage unless that use
is permitted in the district and the use meets those requirements.
(e)
Adequate lighting shall be provided for security, but it shall
be directed away or shielded from any adjacent residential uses.
(f)
Any areas of the use that are within 200 feet of the existing right-of-way of an expressway, arterial street or collector street shall be separated from that street by a buffer yard with screening under § 400-803.
(g)
Maximum building length: 250 feet.
(h)
Minimum separation between buildings: 20 feet.
(38)
Solid waste facility (including a sanitary landfill, solid waste-to-energy facility or solid waste transfer facility). See definition in Article II.
(a)
No property shall be used as a dump site for solid waste without
a valid Borough and a valid DEP permit. The Borough permit may be
suspended for violation of a Borough or DEP requirement.
(b)
An applicant for a solid waste facility shall reimburse the
Borough for all legal advertisements related to the application, plus
pay a nonrefundable administrative fee of $2,000 plus establish an
escrow account of $40,000 to be used to compensate the Borough for
actual and customary expenses of professional reviews (such as, but
not limited to, engineering and impact reviews). Any escrow funds
used for such reviews shall be nonrefundable, while any funds not
used for such reviews shall be returned to the applicant after the
final Borough approval.
(c)
Site plan. A site plan shall be submitted meeting the requirements
of the Subdivision and Land Development Ordinance and including all
information required by DEP on any site plan submitted to the state.
The site plan shall show existing and proposed final topography, proposed
fencing and landscaping, owners of adjacent lots, proposed haul and
access roads, proposed staging, location of equipment and tire cleaning
areas and location of weighing and firefighting facilities.
(d)
The applicant shall submit the names and current addresses of
any and all persons who have any ownership interest of more than 5%
in the proposed use or in businesses that are proposing or intended
to own or operate the use. The experience of the applicant in developing
and operating other solid waste facilities shall be described.
(e)
The applicant shall provide the Zoning Officer with a copy of
all written materials and plans that are submitted to the Pennsylvania
DEP at the same time as they are submitted to DEP.
(f)
A statement shall be submitted describing proposed uses of landfill
land after land filling operations are completed.
(g)
A traffic study shall be submitted showing intended routes for
truck traffic and estimating the total number of vehicles of over
20,000 pounds gross vehicle weight that are expected to enter and
exit the facility, and the expected impact of these vehicles on the
roads considering the roads' existing construction.
(h)
An environmental assessment shall be submitted, including the
following:
[1]
Summary of important findings in language understandable
to lay persons, with references to more detailed reports and data
(such as in appendices);
[2]
Descriptions of and maps showing the suitability
of the proposed site for the use;
[3]
Applicable technical data provided in an appendix;
[4]
Impacts upon natural and cultural features, including
surface water quality, groundwater quality, air quality and historic
buildings;
[5]
Impacts upon stormwater and floodwater;
[6]
Visual impacts;
[7]
For a use involving incineration, a professional
analysis of the expected health impacts of the facility on humans,
including a review of relevant studies on the matter.
(i)
Setbacks.
[1]
All solid waste storage, disposal and incineration
shall be a minimum of 200 feet from the following: public street right-of-way,
exterior lot line, one-hundred-year floodplain, edge of a surface
water body (including a water-filled quarry) or wetland of more than
two acres in area.
[2]
All areas to be used for the storage, disposal
or incineration of solid waste shall be a minimum of 400 feet from
any of the following: residential district, publicly owned park, lot
line of any existing dwelling (which the applicant does not have an
agreement to purchase) or the banks of any perennial creek or river.
[3]
A landscaped area with a minimum width of 100 feet
shall surround the site and shall not be used for any use other than
perpendicular driveway crossings.
(j)
The use shall be served by a minimum of two access roads paved
with a dust free surface, each with a minimum cartway width of 24
feet. One of these roads may be restricted to use by emergency vehicles,
in which case it may be stoned instead of being paved.
(k)
Any burning or incineration shall be carried out in a completely
enclosed incinerator approved by the DEP. Any material to be incinerated
that is to be stored for more than three hours shall be stored in
an enclosed structure.
(l)
the operation and day-to-day maintenance of the solid waste
disposal area shall comply with all applicable state and federal regulations
as a condition of the continuance of any permit of the borough. Violations
of this condition shall also be considered to be violations of this
Zoning chapter.
(m)
Open burning of refuse is prohibited as part of a solid waste
facility. Garbage may not be dumped or buried except at an approved
solid waste facility.
(n)
The applicant shall prove to the satisfaction of the Borough
Council that the existing street network can handle the additional
truck traffic, especially without bringing extraordinary numbers of
trash hauling trucks through or alongside existing residential or
residentially zoned areas. The Borough Council may require the applicant
to make specific improvements to roads to handle extraordinarily heavy
loads.
(o)
In cooperation with Pennsylvania DEP requirements, an appropriate
double liner and a system to collect and treat leachate and methane
is very strongly encouraged for any sanitary landfill.
(p)
The applicant shall prove to the satisfaction of the Borough
Council that the use would not routinely create noxious odors off
of the tract.
(q)
A chain link or other approved fence with a minimum height of
eight feet shall surround active solid waste disposal areas to prevent
the scattering of litter and to keep out children, unless the applicant
proves to the satisfaction of the Borough Council that this is unnecessary.
The Borough Council may also require temporary litter-control fences
surrounding current dumping areas. The Borough Council shall require
earth berms, evergreen screening and/or shade trees with a minimum
total effective height of eight feet or more as needed shall be used
to prevent landfill operations from being visible from an expressway
or arterial streets or dwellings.
(r)
A minimum total lot area of 50 acres (which may include land
in an adjoining municipality) is required for any solid waste facility
other than a solid waste-to-energy facility or a solid waste transfer
facility. For a solid waste-to-energy facility or solid waste transfer
facility, a minimum lot area of 10 acres shall be required for the
first 250 tons per day of capacity to treat or dispose of waste, plus
one acre for each additional 50 tons per day of capacity. A solid
waste facility shall have a maximum total capacity of 500 tons per
day.
(s)
Health hazards. Any facility shall be operated in such a manner
to prevent the attraction, harborage or breeding of insects, rodents
or vectors.
(t)
Attendant. At least two employees shall be present during all
times of operation.
(u)
Gates. Secure gates, fences, earth mounds and/or dense vegetation
shall prevent unauthorized access.
(v)
Emergency access and services. The operator of the use shall
cooperate fully with local emergency services. This should include
allowing practice exercises on the site and the provision of all information
needed by the emergency services to determine potential hazards. Adequate
means of emergency access shall be provided. Fire extinguishers, air
packs for employee use and an adequate water supply shall be supplied
on site. Employees shall be trained in basic firefighting methods.
An emergency communications system shall be provided on site, together
with appropriately located telephones available to contact local emergency
services.
(w)
Under authority granted to the Borough under the Municipal Waste
Planning, Recycling and Waste Reduction Act, Act 101 of 1988, 53 P.S.
§ 4000.101 et seq., the hours of operation shall be limited to
between 8:00 a.m. and 7:00 p.m. The use shall not operate Sundays,
Christmas Day, Thanksgiving Day, New Year's Day, Memorial Day,
Labor Day or the 4th of July.
(x)
Tires. See § 800-403D(8), Outdoor storage and display.
(y)
Litter. The operator shall regularly police the area of the
facility and surrounding streets to collect litter that may escape
from the facility or trucks. All open waste trucks entering and exiting
the site shall be covered.
(z)
Dangerous materials. No radioactive, hazardous, chemotherapeutic
or infectious materials may be stored, processed, disposed or incinerated.
Infectious materials are defined as medical wastes used or created
in the treatment of persons or animals with seriously contagious diseases.
(aa)
Staging. No total area(s) larger than 50 acres shall be used
as a disposal area for a sanitary landfill in any calendar year.
(bb)
The applicant shall provide sufficient information for the Borough
to determine that the requirements of this Zoning chapter will be
met.
(cc)
State requirements. Nothing in this Zoning chapter is intended
to supersede any state requirements. It is the intent of this Zoning
chapter that when similar issues are regulated by both the Borough
and state, that the stricter requirement shall apply for each aspect,
unless it is determined that an individual state regulation preempts
Borough regulation in a particular aspect.
(dd)
A tire-cleaning area shall be provided on access roads from
a landfill.
(ee)
The operator shall enter into an agreement with the Borough
specifying the types and frequencies of environmental monitoring that
will be put into place while a solid waste-to-energy or sanitary landfill
is underway and for a minimum of three years after any landfill is
closed. For a landfill, such testing shall include, at a minimum,
groundwater monitoring wells. For an incineration use, testing shall,
at a minimum, include air pollution monitoring.
(ff)
A leachate treatment system may be an accessory use to a landfill,
and a recycling collection center or a bulk recycling center is permitted
in combination with any permitted solid waste disposal facility.
(gg)
For any transfer facility or waste-to-energy facility, all loading
and unloading of solid waste shall only occur within an enclosed building,
and over an impervious surface drain to a holding tank that is then
adequately treated.
(hh)
For each acre upon which active landfill operations begin, a
$10,000 bond payable to the Borough of Bridgewater shall be posted
by the operator to ensure appropriate restoration of the site and
adequate monitoring after the use is ended. Such bond shall be in
a form acceptable to the Borough Solicitor. Such bond shall be in
effect for a minimum of 10 years after the operations cease.
(ii)
The operator shall keep written records of the origin of all
solid waste, and of the type of any waste accepted other than municipal
waste.
(jj)
Under the authority of State Act 101 of 1988, the Borough Council
may appoint one or more landfill inspectors. Such inspector shall
have authority to visit the site, to monitor operations and the review
records regarding the origin and types of waste.
(kk)
See Act 101 of 1988, which provides municipalities the authority
to charge host fees.
(ll)
The Borough Council may establish certain minimum insurance
requirements for the applicant as a condition of Borough approval.
Such insurance shall, at a minimum, include a $10 million liability
policy regarding environmental hazards.
(40)
Swimming pool, nonhousehold. (For swimming pools serving one
household, see § 400403.)
(a)
The water surface shall be set back at least 25 feet from any
lot line.
(b)
Minimum lot area: one acre.
(c)
Any water surface within 100 feet of an existing dwelling shall be separated from the dwelling by evergreen screening meeting the requirements of § 400-803.
(d)
The water surface shall be surrounded by a secure, well-maintained
fence at least six feet in height.
(e)
Drainage. A proper method shall be provided for drainage of
the water from the pool that will not overload or flood any on-lot
septic system or portion of a building or property not owned by the
owner of the pool. A pool shall not be located so as to interfere
with the operation of a well or on-lot septic system.
(f)
Water service. Any inlet from a central water system shall be
above the overflow level of the pool.
(g)
Nuisances. A pool shall not include illumination of adjacent
residential properties beyond what is customary in a residential neighborhood.
A pool shall also not include the playing of a radio or recorded music
at a volume louder than is necessary for the convenient hearing of
persons at the pool.
(41)
Target range.
(a)
All target ranges shall have a barrier behind the target area
which is of sufficient height and thickness to adequately protect
the public safety. This barrier shall be made of earth for an outdoor
firearms range.
(b)
The Borough Council may require that an outdoor firearms target
range comply with applicable National Rifle Association standards.
(c)
An outdoor firearms target range shall be located a minimum
of 500 feet from the lot line of any existing residential use or undeveloped
residentially zoned land, unless the use is within a completely enclosed
sound-resistant building.
(d)
An outdoor firearms target range shall be fenced and be properly
posted.
(f)
An indoor firearms target range shall be adequately ventilated
to allow the building to remain completely enclosed.
(42)
Townhouses.
(a)
Maximum number of dwelling units within any building or within
attached buildings: eight.
(b)
The permitted number of dwelling units may be placed at any
appropriate locations within the tract, provided that all other requirements
of this Zoning chapter are met and provided that no single net acre
of land includes more than 15 dwelling units, once street rights-of-ways
and common open spaces are deleted.
(c)
Areas of land that are capable of additional development shall
not be used toward calculating the allowable density unless those
lands are deed restricted against further development.
(d)
Buffer yard. A twenty-foot wide buffer yard with screening shall be provided by the developer of the townhouses, as described in § 400-803D, between any townhouse principal building and:
(f)
Building setback and separation. The following minimum setbacks
shall apply for townhouse buildings, whichever is most restrictive:
(g)
Separation. Each principal building shall be separated by a
minimum of 20 feet from any other principal building.
(h)
To avoid incompatible structures in a higher density environment,
townhouse developers are strongly encouraged to establish deed restrictions
or homeowner association regulations controlling the general types
and materials of attached decks, fences and accessory structures that
may be added or constructed in the future.
(i)
Minimum width of townhouses. Each townhouse dwelling unit shall
have a minimum width of 18 feet, except the minimum width shall be
24 feet for any townhouse that:
(k)
Paved area setback. All off-street parking spaces, except spaces
on driveways immediately in front of carport or garage entrance shall
be set back a minimum of 20 feet from any dwelling.
(l)
To avoid garages from being an overly prominent part of the
view of townhouses from streets, landscaped parking courts or garages/carports
at the rear of dwellings are encouraged.
(m)
Access. Vehicular access points onto all arterial and collector
streets shall be minimized to the lowest reasonable number. No townhouse
dwelling within a tract of five or more dwelling units shall have
its own driveway entering onto an arterial street.
(n)
Common open space.
[1]
For any townhouse development involving 25 or more
dwelling units, a minimum of 10% of the total land area shall be dedicated
as common open space. This common open space shall be in addition
to any other requirements of this Zoning chapter or the Subdivision
and Land Development Ordinance. Common open spaces are encouraged
to be used as a buffer against any abutting major roads.
[2]
The applicant shall prove to the satisfaction of
the Zoning Officer, upon advice of the Borough Council, that there
will be an adequate permanent method in place to maintain the common
open space.
[3]
Areas within 25 feet of a principal building shall
not be used to count toward the required amount of common open space.
(o)
Condominiums. The division of land into individual lots is not
required, but instead, condominium ownership may be used.
(43)
Treatment center.
(a)
The applicant shall provide a written description of all types
of residents the use is intended to include over the life of the permit.
Any future additions or modifications to this list shall require approval
of the Borough Council as a conditional use.
(b)
The applicant shall prove to the satisfaction of the Borough
Council that such use will involve adequate supervision and security
measures to protect public safety.
(c)
The Borough Council may place conditions on the use as necessary
to protect public safety, including conditions on the types of residents
and security measures.
(44)
Trucking company terminal. Any portion of the conduct of business
shall be located so that no vehicular entrance or exit shall be closer
than 200 feet to an entrance or exit of any elementary or secondary
or vocational school, playground, church, or public library.
(45)
Veterinarian office (includes animal hospital).
(a)
A minimum lot area of at least one acre shall be required, unless
a larger lot area is required by the applicable district.
(b)
Any structure in which animals are treated or housed shall be
a minimum of 100 feet from any residentially zoned undeveloped lot
or any lot line of a primarily residential use. Buildings shall be
adequately soundproofed so that sounds generated within the buildings
cannot routinely be perceived within any adjacent dwellings.
(c)
Outdoor animal runs may be provided for small animals for use
between 8:00 a.m. and 8:00 p.m., provided the runs are at least 150
feet from any existing dwelling and provided that the runs for dogs
are separated from each other by visual barriers a minimum of four
feet in height, to minimize dog barking.
(d)
A commercial kennel shall only be an accessory and not a principal
use, unless a kennel is permitted in that district and the applicable
requirements are met.
(46)
Warehouse or wholesale sales.
(b)
No storage of garbage (other than is routinely produced on site
and awaiting regular collection) shall be permitted.
(c)
See requirements in § 400-403D(9), Outdoor storage and display.
(47)
Zero lot line dwelling. An easement for maintenance on the adjoining
lot is required for the lot line side of the dwelling. Windows on
the lot line side of a dwelling are prohibited. The division of land
into individual lots is not required, but instead, condominium ownership
may be used.
A.
General. Accessory buildings, structures or uses that are clearly
customary and incidental to a permitted-by-right, special exception
or conditional use are permitted by right, except as is provided for
in this Zoning chapter.
B.
Accessory setbacks. The accessory setback requirements of the applicable
district shall apply to every accessory building, structure or use
unless a standard that is clearly meant to be more restrictive or
less restrictive is specifically stated in this article for a particular
accessory use.
C.
Front yard setback. No accessory structure, use or building shall be permitted in a required front yard in any district unless specifically permitted by this chapter. See the list of essential services in § 400-306.
D.
Special standards. Each accessory use shall comply with all of the
following standards listed for that use:
(1)
Accessory dwelling for a relative or full-time caregiver or
caretaker.
(a)
An existing single-family detached dwelling shall maintain the
appearance of a single-family detached dwelling from the street with
a single front entrance. Additional entrances may be placed on the
side or rear of the structure, or the dwellings may internally share
the single front entrance.
(b)
The principal dwelling unit shall include a minimum of 600 square
feet of floor area.
(c)
A maximum of two total dwelling units is permitted.
(d)
The accessory dwelling unit shall be inhabited by a minimum
of one of the following:
[1]
A "relative" (as defined in Article II) of an occupant of the principal dwelling unit on the lot;
[2]
A full-time caretaker of the property who does not pay cash
rent and who does not have any other full-time occupation; or
[3]
A full-time caregiver (such as a nurse) to an occupant of the
principal dwelling unit, provided such caregiver does not pay cash
rent and who does not have any other full-time occupation.
(e)
The dwelling unit should be designed and installed in such a
way that it can easily be reconverted into part of the principal dwelling
unit (or, in the case of an accessory building, revert to a nonresidential
use) after the permitted occupant no longer lives within it. Once
the accessory dwelling is no longer occupied by a permitted occupant,
the dwelling shall be reconverted into part of the principal dwelling
unit, be removed or be converted to storage or another permitted use.
(f)
If the accessory dwelling is within the same building as the
principal dwelling, the two dwelling units shall have at least one
interconnecting inside door.
(g)
The dwelling shall be within a principal or accessory building
that existed at the time of adoption of this Zoning chapter, or within
an addition to such a building.
(2)
Composting as a principal or accessory use.
(a)
On a lot of less than three acres, composting shall be limited
to the composting of biodegradable vegetative material, including
grass clippings, trees, shrubs, leaves and vegetable waste, and shall
not include animal wastes or fats.
(b)
Composting shall only be conducted in ways that fire, rodent
or disease-carrying insect hazards or noxious odors are not created.
(c)
Composting of manure shall be set back a minimum of 150 feet
from any dwelling on an adjacent lot, and be located and graded to
prevent manure from being washed into a creek or lake by stormwater.
(d)
See the guidelines of the Pennsylvania State University Cooperative
Extension Service concerning manure management.
(e)
Compost shall be kept free of other garbage.
(f)
The following regulations shall apply:
[1]
The provisions of Subsection D(2)(f) shall not apply to composting involving materials such as manure generated on site or generated on property owned or leased by the same person.
[2]
The applicant shall prove to the satisfaction of the Borough
Council that:
[3]
Minimum lot area: 50 acres.
[4]
Minimum setback for structures or areas used for the production
or storage of compost from:
[a]
Lot lines of dwellings with different owners than
the owner of the composting use: 600 feet.
[b]
Other exterior lot lines and the center lines of
creeks: 300 feet.
[c]
Compost shall not be bulk stored or leveled within
100 feet of wells, lakes, rivers or creeks or within a one-hundred-year
floodplain.
[5]
All leachate and compost pad runoff shall be collected and properly
treated.
[6]
All compost wharves shall be constructed of an acceptable all-weather
impervious surface.
(3)
Day-care center as accessory use to a residential use.
(a)
The following shall be the maximum number of children under age 15 that may be cared for in any dwelling unit, in addition to children who are not "related" (see definition in Article II) to a permanent resident of the dwelling:
(b)
The dwelling shall retain a residential appearance with no change
to the exterior of the dwelling to accommodate the use, other than
cosmetic and any needed safety improvements.
(c)
Any day-care center involving seven or more children shall be considered a principal use and meet the standards of § 400-402 for such use, if permitted.
(d)
The use shall be actively operated by a permanent resident of
the dwelling.
(e)
The building shall have smoke detectors and at least one A-B-C
fire extinguisher.
(f)
A minimum of 200 square feet of safe exterior play area shall
be available, which preferably should be fenced.
(4)
Farm-related business (see definition of "farm-related use" in Article II; see also "Home occupation, , general or light" below).
(a)
A zoning permit shall be required for a farm-related business.
A site plan is not required unless there would be a new building,
building expansion, new driveway or new parking lot.
(b)
Minimum lot area: two acres.
(c)
A farm-related business shall be conducted completely indoors,
and may only be within a principal or accessory building that existed
at the time of adoption of this Zoning chapter. The total amount of
floor area of all buildings used for a farm-related business shall
not be greater than 2,000 square feet of total floor area.
(d)
No industrial operations shall occur outdoors.
(e)
Signs and displays. There shall be no use of show windows, business
display or advertising visible from outside the premises, except for
one nonilluminated sign with a maximum sign area of four square feet
on each of two sides and a maximum height of eight feet.
(f)
Truck traffic. The use shall not require the parking of, storage
of or regular servicing by a tractor-trailer truck, except for a single
truck used by a resident of the dwelling as an over-the-road driver
as a primary occupation, and except for trucks clearly servicing an
agricultural use.
(g)
Uses. The use shall clearly be accessory to the principal use
of the lot (such as agriculture or a dwelling). Uses permitted as
a farm-related business include the following and uses that the Borough
Council determines are closely similar: farm equipment and auto repair,
light welding, sale of seed, custom blacksmithing, boarding of up
to two horses (see "Stable, nonhousehold" for more horses), sharpening
service, light processing of locally produced agricultural products,
veterinarian office, indoor warehousing, and sale of manure or compost
routinely produced on-site as part of a farming operation.
(h)
Nuisances. No machinery or equipment shall be permitted that
produces noise, noxious odor, vibration, glare, electrical interference
or radio or electromagnetic interference beyond the boundary of the
property. Only general types and sizes of machinery that are typically
found in dwellings for hobby or domestic purposes or in farm buildings
shall be permitted. No use shall generate noise or glare in excess
of what is typical from a routine farm operation.
(i)
The use shall also comply with all environmental and nuisance control regulations of this Zoning chapter, including Article V.
(j)
Parking and loading. The lot shall include sufficient off-street
parking for the maximum number of vehicles on site at one time, plus
parking for the dwelling unit.
[1]
If five or more vehicles are expected to be parked within 50 feet of an abutting dwelling, then the parking spaces shall be screened by evergreen plants meeting the requirements of § 400-803.
[2]
For any motor vehicle repair operation, a maximum of four vehicles
may be parked on site or on an adjacent street, other than vehicles
owned by the operator of the use.
[3]
A defined driveway shall be provided, and shall be shown on
the site plan. The applicant shall prove that the driveway has adequate
sight distance.
[4]
No motor vehicle that is not owned or leased by the operator
of the use shall be on-site longer than six months in such a way as
to be visible from a public street or a dwelling on another lot.
[5]
The applicant shall show that there is a safe location available
for any needed deliveries, which shall be located off of the cartway
of a public street.
(k)
Building appearance. The exterior of a residential building
or barn as viewed from a public street or dwelling on an adjacent
lot shall not be changed in such a way as to decrease its residential
or barn appearance, except for permitted parking spaces and the permitted
sign. A farm-related business shall not have an industrial appearance
as viewed from a public street or dwelling on an adjacent lot.
(l)
Hours. A farm-related business shall not be conducted in a way
that is perceptible from beyond the lot line between the hours of
10:00 p.m. and 5:00 a.m. This time limit shall also apply to any loading
or unloading of vehicles on the property or on a street that causes
noise to adjoining residents.
(m)
Hazardous substances. The use shall not involve the storage
or use of hazardous, flammable or explosive substances, other than
types and amounts commonly found in a dwelling or farm building.
(n)
Number of employees. A total maximum of three persons who are
not permanent residents of the lot shall work on the premises at one
time.
(o)
An applicant for conditional use approval shall deliver or mail
to all owners of record of adjacent dwellings a photocopy of the zoning
application and a statement of the date, time and place of the meeting
at which the application is intended to be reviewed by the Borough
Council. The information shall be mailed or delivered a minimum of
seven days before such meeting.
(p)
Leasing. If a property-owner resides on the lot, then that owner
may lease a barn on the lot for an approved farm-related business.
However, if the owner does not reside on the lot, then the barn cannot
be leased separately from any dwelling on the site (except for agricultural
uses or household storage).
(q)
A farm-related business cannot be combined on the same lot with a home occupation. If a farm-related business is also regulated as a principal use, and if any additional standards apply to such principal use in § 400-402, then the farm-related business shall also be required to meet those standards in § 400-402.
(5)
Fences and walls.
(a)
Fences and walls are permitted by right in all districts. Any
fence or wall shall be durably constructed and well-maintained. Fences
that have deteriorated shall be replaced or removed.
(b)
Sight distance, stormwater and easements. No fence, wall or hedge shall obstruct the sight distance requirements of § 400-803C. No fence or wall shall obstruct the flow of stormwater, except as part of a Borough-approved stormwater system.
(c)
Fences.
[1]
Front yard. Any fence located in the required front yard of
a lot in a residential district shall have a minimum ratio of 1:1
of open to structural areas (such as a picket fence or split rail
fence).
[2]
A fence shall not be required to comply with minimum setbacks
for accessory structures.
[3]
Height. A fence in a residential district that is within 10
feet of a residential lot and that is not within a required front
yard shall have a maximum height of seven feet, except:
[a]
A maximum height of 10 feet is permitted to enclose
a tennis or racquet sport court or a nonhousehold swimming pool or
an electric substation provided that such fence is set back a minimum
of 10 feet from all lot lines; or
[b]
If an applicant clearly proves, in writing, to
the satisfaction of the Zoning Officer that a higher fence is needed
to protect public safety around a specific hazard.
[4]
Setbacks. A fence may be constructed on a lot line, except:
a) a fence shall not be placed within a street right-of-way; and b)
a fence of a business shall be set back a minimum of five feet from
the abutting lot line of an existing dwelling or an undeveloped residentially
zoned lot. Homeowners are encouraged but not required to set back
fences at least two feet from an abutting lot line in order to allow
for maintenance over the long-term.
[5]
Fence materials. A fence shall not be constructed out of fabric,
junk, junk vehicles, appliances, tanks or barrels.
(7)
Home occupation, general or light (see definitions in Article II; see also "Farm-related business" above).
(a)
A home occupation shall be conducted completely indoors, and
may be within a principal or accessory building. The total amount
of floor area of all buildings used for a home occupation shall not
be greater than 25% of the total floor area of the principal dwelling
unit.
(b)
There shall be no outdoors operations or outdoors storage of
materials, products or equipment.
(c)
Signs and displays. There shall be no use of show windows, business
display or advertising visible from outside the premises, except for
one nonilluminated sign with a maximum sign area of two square feet
on each of two sides and a maximum height of eight feet.
(d)
Truck traffic. The use shall not require the parking of, storage
of or regular servicing by a vehicle with an aggregate gross vehicle
weight of more than 12,000 pounds, except for:
(e)
Uses permitted as a home occupation include, but are not limited
to, art studio, office, custom sewing, tax preparation or musical
instruction.
(f)
The following uses shall not be permitted as a home occupation:
veterinarian office on a lot of less than three acres, stable, kennel,
funeral home, industrial uses (other than custom crafts and sewing),
wholesale or retail sales on the premises (except as accessory to
custom crafts and except for sales over the phone or through the mail),
restaurant, outdoor repairs of motor vehicles (other than farm equipment)
or trucking company terminal, machinery repair or manufacturing.
(g)
Nuisances. No machinery or equipment shall be permitted that
produces noise, noxious odor, vibration, glare, electrical interference
or radio or electromagnetic interference beyond the boundary of the
property. Only general types and sizes of machinery that are typically
found in dwellings for hobby, domestic or sewing purposes shall be
permitted. No use shall generate noise or glare in excess of what
is typical in a residential neighborhood.
(h)
The use shall also comply with all environmental and nuisance control regulations of this Zoning chapter, including Article V.
(i)
Parking and loading. The lot shall include sufficient parking
for the maximum number of vehicles on site at one time, plus parking
for the dwelling unit. A defined driveway shall be provided, and shall
be shown on the site plan. The applicant shall prove that the driveway
provides for safe sight distance.
[1]
If five or more vehicles are expected to be parked within 50 feet of an abutting dwelling, then such parking spaces shall be screened by evergreen plants meeting the requirements of § 400-803.
[2]
The applicant shall show that there is a safe location available
as needed for any deliveries, which shall be located off of the cartway
of a public street.
[3]
For any vehicle repair operation, a maximum of two vehicles
may be parked on site or on an adjacent street, other than vehicles
owned by the operator of the use.
(j)
Building appearance. The exterior of a previously residential
building and the lot shall not be changed in such a way as to decrease
its residential appearance, except for permitted parking spaces and
the permitted sign.
(k)
Hours. A home occupation shall not be conducted in a way that
is perceptible from beyond the lot line between the hours of 9:00
p.m. and 7:00 a.m. This time limit shall also apply to any loading
or unloading of vehicles on the property or on a street that causes
noise to adjoining residents.
(l)
Hazardous substances. The use shall not involve the storage
or use of hazardous, flammable or explosive substances other than
types and amounts commonly found in a dwelling.
(m)
Advertising. The address of the home occupation shall not be
advertised in such a way that would encourage customers or salespersons
to come to the property without an appointment.
(n)
Number of employees. Only the owner and/or occupants of the
property may engage in a home occupation.
(o)
Instruction. Any instruction or tutoring shall be limited to
a maximum of four students on the property at any one time.
(p)
An applicant for conditional use approval shall deliver or mail
to all owners of record of adjacent dwellings a photocopy of the zoning
application and a statement of the date, time and place of the meeting
at which the application is intended to be reviewed by the Borough
Council. The information shall be mailed or delivered a minimum of
seven days before the meeting.
(q)
A permit shall be required for any home occupation. In most cases, § 400-306 also requires conditional use approval for a home occupation. If the type of a home occupation changes, a new approval shall be needed.
(r)
No new buildings shall be constructed to accommodate a home
occupation.
(s)
Driveway entrances for a home occupation shall have a maximum
width of 10 feet, unless a wider width is required by PennDOT or the
Borough. The applicant shall prove that any driveway for a general
home occupation will meet the PennDOT minimum sight distance requirements
that would apply as if a new driveway would be proposed onto a state
road. The sight distance shall consider where parking would be possible.
(t)
A farm-related business cannot be combined on the same lot with a home occupation. If a home occupation is also regulated as a principal use, and if any additional standards apply to such principal use in § 400-402, then the home occupation business shall also be required to meet those standards in § 400-402.
(8)
Outdoor storage and display. Commercial or industrial as a principal
or accessory use:
(a)
Location. Outdoor storage or display shall not occupy any part
of any of the following: the existing street right-of-way, sidewalk
or other area intended or designed for pedestrian use, required parking
area or required paved area setback.
(b)
No storage or display shall occur on areas with a slope in excess
of 25% or within the one-hundred-year floodway.
(d)
Tires. If more than 250 tires are stored on a lot, each stack
shall be a maximum of 20 feet high and cover a maximum of 400 square
feet. Each stack shall be separated from other stacks by a minimum
of 75 feet.
(9)
Pets, keeping of.
(a)
This use shall not include a use meeting the definition of a
kennel.
(b)
No use shall involve the keeping of animals or fowl in such
a manner or of such types of animals that it creates a serious nuisance
(including noise or odor), a health hazard or a public safety hazard.
The owner of the animals shall be responsible for collecting and properly
disposing of all fecal matter from pets. No dangerous animals shall
be kept outdoors in a residential district, except within a secure,
completely enclosed cage or fenced area of sufficient height or on
a leash under full control of the owner.
(c)
For carrier pigeons, see the state Carrier Pigeon Law, 53 P.S.
§ 3951 et seq..
(d)
The noncommercial keeping of horses is permitted on a lot of
two acres or more. Any horse barn, corral, fenced-in area or stable
shall be a minimum of 50 feet from any abutting lot line (other than
a street right-of-way) and 150 feet from any existing dwelling other
than that of the owner of the horses. Any commercial keeping of horses
shall be considered a stable or a farm-related business.
(e)
Proper soil erosion control measures shall be used as needed.
(10)
Retail sales of agricultural products grown primarily on the
premises.
(a)
The use shall be an accessory use incidental to a crop farming
or raising of livestock use.
(b)
The only retail sales shall be of agricultural products. A minimum
of 50% of the products sold shall have been grown or raised by the
operator of the retail sales use, or a member of his immediate family
or a lessee of their land.
(c)
Off-street parking shall be provided in compliance with the provisions of Article VI. No parking shall occur in such a way that it creates a safety hazard.
(d)
All buildings erected for this use that are not clearly permanent
in nature shall be disassembled during seasons when products are not
offered for sale.
(f)
No stand shall be located closer than: 50 feet from a lot line
of an existing dwelling, 25 feet from any other lot line or 100 feet
from the closest intersecting point of street rights-of-ways at an
intersection.
(g)
A maximum of 800 square feet of building floor area may be used
for the use.
(h)
The use may occur as an accessory use within an existing dwelling
or barn. Any stand shall be maintained in good condition.
(11)
Satellite antennas. See also setback requirements for an accessory
structure in the applicable district.
(12)
Swimming pool, household. Referred hereafter as "pool."
(a)
The pool shall not involve any commercial use.
(b)
Enclosure around in-ground pools. An new or existing in-ground
pool shall be completely surrounded by a secure fence, wall, portion
of a building and/or similar enclosure not less than six feet in height.
This enclosure shall be constructed to make it very difficult for
small children to climb up or slip through the enclosure. All gates
or door openings through such enclosure (other than a door to a building)
shall be self-closing and include a self-latching device on the pool
side for keeping the gate or door securely closed during times when
not in use.
(c)
Enclosure around aboveground pool. Any existing or new aboveground
pool shall include a secure fence, wall or other enclosure a minimum
of six feet high above the surrounding average ground level. This
enclosure may include the walls of the pool itself. Such pools shall
be equipped with an access ladder that can be raised and locked in
a position so that it is a minimum of four feet above the surrounding
ground level or otherwise completely inaccessible to children when
the pool is unattended.
(d)
Location. A pool and any deck or shelter that is elevated above
the average surrounding ground level shall meet the applicable setback
requirement for an accessory building. Patios around pools that are
level with the average surrounding ground level are not required to
meet setbacks. A pool is not permitted within a required front yard.
(e)
Drainage. A proper method shall be provided for drainage of
the water from the pool that will not overload or flood any on-lot
septic system or portion of a building or property not owned by the
owner of the pool. A pool shall not be located so as to interfere
with the operation of a well or on-lot septic system.
