As used in this article, the following terms shall have the
meanings indicated:
OCCUPANT
A person who regularly resides on the property in question.
OWNER
Any person who has legal or equitable title to the property
on which a recreational vehicle is being operated.
PERSON
An individual, group of individuals, a partnership, a firm,
association or any other entity.
RECREATIONAL VEHICLE
A.
Any and all motorized vehicles designed or redesigned, or otherwise
being used for off-road and/or recreational use, including, but not
limited to, the following:
(3)
All-terrain vehicles (ATVs) or utility terrain vehicles (UTVs);
(6)
Any other similarly mechanized vehicle.
B.
The term "recreational vehicle" shall not include motorized
vehicles being used for law enforcement, fire emergency, military
or other authorized government purpose, or off-road motorized vehicles
being used as utility vehicles for agriculture, yard work, landscaping,
snow removal or otherwise being used in the reasonable maintenance
of a person's real property. A motor home or mobile home used solely
for overnight lodging and shelter shall not be considered a recreational
vehicle for purposes of this article.
The following regulations shall apply for the use of recreational
vehicles on private real property:
A. Owner or occupant. Only the owner, occupant, permitted guests and
family may operate a recreational vehicle on private real property,
subject to the restrictions outlined herein.
B. Setback requirements.
(1) A person operating a recreational vehicle must remain at least 10
feet from any property line, including property road frontage and
associated roadway right-of-way lines, unless written permission has
been obtained by the adjoining property owner to operate the recreational
vehicle within a reduced setback, and with any additional mutually
agreed terms and conditions.
(2) The use of recreational vehicles shall not be permitted on lots of
less than 1/2 acre in area.
(3) It shall not be a violation of this section to operate a recreational
vehicle within the required setback for purposes of ingress and egress
from or onto a driveway.
C. Dust.
(1) Dust- and noise-control measures are to be maintained by the lot
owner and occupant. A person shall not generate or permit to be generated
as a result of the use or operation of a recreational vehicle any
dust which crosses over onto an adjoining or adjacent property that
will interfere with the reasonable use of the property, either inside
or outside.
(2) Dust-control measures shall include, but are not limited to, the
planting of a buffer with plantings acceptable to the Borough.
(3) Any unvegetated area must be watered down before, during and after
usage as needed to limit the dust if said riding area is located within
a residential area.
D. Equipment exhaust. All recreational vehicles shall be fitted with
the original equipment exhaust while in operation.
E. Environmentally sensitive areas.
(1) No person shall operate, allow or permit the operation of a recreational
vehicle within a stream, creek, waterway, drainageway, wetland or
erosion-sensitive area, floodplain, or within 100 feet of such environmentally
sensitive areas.
(2) No person shall operate, allow or permit the operation of a recreational
vehicle on any Borough-, county-, or state-owned park or open space
properties, or any other property to which the Borough has received
express direction and authority from the landowner to enforce this
article and prohibit the use of recreational vehicles on the subject
property.
F. Additional restrictions.
(1) No more than two recreational vehicles may be operated at the same
time on one parcel or group of adjacent lots owned by the same person.
(2) A person may operate a recreational vehicle only between the hours
of 8:00 a.m. and 7:00 p.m. or dusk, whichever is later.
(3) A recreational vehicle shall not be operated in such a manner as
to damage or destroy any real or personal property of another.
(4) Recreational vehicles shall not be operated on any sidewalk, nor
can any recreational vehicle be operated within the right-of-way of
any public or private street being maintained or used as a thoroughfare
for legally licensed vehicular traffic unless the operator has a valid
operator's license and the recreational vehicle is properly registered
and licensed with the Commonwealth of Pennsylvania as a motor vehicle.
All provisions of the Motor Vehicle Code and Borough ordinances regulating
equipment in operation shall apply to such a use.
(5) One person only shall operate a single recreational vehicle at one
time. The operator shall not carry any other person nor shall any
other person ride on said vehicle unless such vehicle is designed
to carry more than one person.
No person shall operate a recreational vehicle on Borough property
without the express written consent of the Borough.
The following uses are exempt from this article:
A. Any recreational vehicle used by the Borough or any other governmental
body in conducting official business.
B. Any recreational vehicle used in agricultural work.
C. Any recreational vehicle used in yard work, landscaping and/or in
the maintenance of a person's real property.
D. Any recreational vehicle used in snow clearing.
Incorporation by reference. To the extent applicable, this article
incorporates by reference thereto the provisions of the rules and
regulations relating to the Pennsylvania Snowmobile and All-Terrain
Vehicle Law, 75 Pa.C.S.A. § 7701 et. seq.