Borough of Coopersburg, PA Article XIII General Regulations

§ 230-62 Frontage onto improved streets, number of uses or buildings, minimum size of dwellings.

A. Frontage required onto improved street. Each proposed new lot, each land development and each proposed principal building shall be on a lot which directly abuts a public street, a street proposed to be dedicated to the Borough by the subdivision plan which created or creates such lot, or a private street which meets all of the requirements of the Subdivision and Land Development Ordinance.[1] This requirement for frontage shall not be met by an alley, except that a lot with frontage onto a street may be approved to have its vehicle access onto to alley, if the alley has suitable access to the street.

(1) In the case of townhouses, manufactured/mobile home parks, or apartments, each unit may have access onto a parking court which then has access onto a public or private street meeting Borough standards, provided there are Borough-approved measures to guarantee access to each dwelling from a public street.

[1] Editor's Note: See Ch. 195, Subdivision and Land Development.

B. Number of principal uses and principal buildings per lot.

(1) A lot may include more than one permitted principal use per lot and/or more than one permitted principal building per lot, provided that all of the requirements are met for each use and each building. If differing dimensional requirements apply for different uses on the lot, then the most restrictive requirement shall apply.

(a) For example, if use one requires a 10,000 square foot lot area and use two on the same lot requires a 20,000 square feet lot area, then the lot shall have a minimum lot area of 20,000 square feet.

(b) The applicant shall submit a site plan that demonstrates that each structure would meet the requirements of this Ordinance.

(c) The uses and buildings shall be in common ownership. However, a condominium form of ownership of individual buildings, with a legally binding property-owners association, may be established if the applicant proves to the satisfaction of the Zoning Officer, based upon review by the Borough Solicitor, that there will be appropriate legal mechanisms in place.

(d) See also § 230-20C, which addresses coordinated development of lots in single ownership.

(2) A manufactured/mobile home park, condominium residential development or apartment development may include more than one principal building per lot, provided all other requirements of this Ordinance are met. A condominium form of ownership of individual dwelling units, with a legally binding homeowners association, may be established if the applicant proves to the satisfaction of the Zoning Officer, based upon review by the Borough Solicitor, that there will be appropriate legal mechanisms in place and compliance with applicable state law.

C. Minimum size of dwellings. Each dwelling unit shall include a minimum of 500 square feet of enclosed habitable, indoor and heated floor area, which shall be primarily above the ground level. This 500 square footage may be reduced to 400 square feet for each dwelling unit that is permanently legally restricted to occupancy by at least one person age 55 and older, with no residents under age 18.

D. Maximum occupancy. A recreational vehicle shall not be used as a residence for more than five days in any thirty-day period, except as may be approved within a campground. A mobile/manufactured home shall not be occupied on a lot as a dwelling unless it meets all of the requirements for a dwelling. A mobile/manufactured home shall not be used as a storage building, except as may be allowed temporarily during on-site construction under a Borough construction permit.

§ 230-63 Height exceptions.

See § 230-21.

§ 230-64 Special lot and yard requirements, sight distance and buffer yards.

A. In general.

(1) No lot, structure or use shall be created or developed in such a way that it would result in another lot, building or use not being able to meet the requirements of this Ordinance. This includes, but is not limited to: setback areas, nonimpervious areas and off-street parking areas.

(2) Emergency access. All uses and structures shall have adequate provisions for access by emergency vehicles and fire ladders. See also the Uniform Construction Code Appendices. Such access shall be maintained in a passable condition by the owner of the lot, or where applicable by the property-owner association.

B. Exceptions to minimum lot areas, lot widths and yards.

(1) Corner lots. For a corner lot, each yard that abuts a public street shall be considered a front yard and meet the requirements for minimum depth of a front yard. See definition of "lot, corner" in § 230-88.

(2) Projections into required yards.

(a) Cornices, footers, eaves, roof overhangs, sills or other similar architectural features, exterior stairways, unenclosed fire escapes or other required means of egress, rain leads, chimneys, slanted exterior doors for basement access, window awnings, chaise for heating pipes or other similar structures that do not include space usable by persons may extend or project into a required yard not more than three feet.

(b) Exterior steps, stoops, fire escapes, handicapped ramps, and landings necessary to provide entrance to a building may be located within a required setback area.

(c) For decks and porches, see § 230-22.

(3) Lot widths around curves. Around the bulb of a cul-de-sac street or on the outside of the curve of a street with a radius of less than 150 feet, the minimum lot width at the minimum required building setback line may be reduced to 60% of the width that would otherwise be required.

(4) Front yards. See § 230-23C, which may allow a reduced front yard where adjacent buildings have smaller existing front yards.

C. Sight clearance triangles at intersections. The Subdivision and Land Development Ordinance (SALDO)[1] requires the establishment of sight clearance triangles to protect views of oncoming traffic and pedestrians. As of 2019, such provisions were in § 195-18D(6).[2] If a proposed new building is not required to comply with the SALDO, then this Zoning Ordinance shall require that sight clearance triangles be established. Such sight clearance triangles shall meet the dimensions and calculations that are stated in the SALDO, which are hereby included by reference.

(1) Where an alley intersects with a street, a clear sight triangle shall be required that is 50 feet along the closest cartway of a street and 10 feet long along the center line of the alley. Where an alley intersects with another alley, a clear sight triangle shall be required that is 15 feet long along the centerlines of both alleys. For example, this sight triangle may require that a rear garage be setback from a corner or that a solid fence be angled near the intersection to avoid intruding into the sight triangle.

(2) For driveway sight clearance, see § 230-47D.

[1] Editor's Note: See Ch. 195, Subdivision and Land Development.

[2] Editor's Note: See now § 195-18F(6).

D. Buffers and planting screening. Buffer yards including plant screening complying with the following standards shall be required under the following situations, unless a more restrictive provision is established by another section of this Ordinance:

(1) A minimum eight-foot-wide buffer yard with plant screening shall be required along the rear and side lot lines of any lot that is developed for a new principal building or principal parking lot and that is contiguous to a lot line of a residentially zoned lot occupied by an existing principal dwelling. If the lots are separated by a street or an alley open to traffic, the lots shall not be considered to be contiguous.

(a) If a principal business use will include areas used for manufacturing or will have a loading dock that will be routinely serviced by two or more tractor-trailer trucks or refrigerated trucks, then the minimum buffer yard width along such manufacturing area and/or loading dock shall be increased to 25 feet, and the minimum initial height of plantings shall be increased to five feet.

(b) The presence of a dwelling on the same lot as a principal business use shall not by itself require the provision of a buffer yard.

(c) Where a buffer yard will be located along a street, it shall be designed with a mix of vegetation that allows views at a five-foot to six-foot eye level into the site, for security purposes.

(d) A buffer yard is also required to be provided by the following if they are abutting and visible from a public street or alley:

[1] Along lot lines and street or alley rights-of-way of any newly developed or expanded outdoor industrial storage or loading area; or

[2] Along lot lines and street or alley rights-of-way of any newly developed or expanded area routinely used for the overnight parking of two or more tractor-trailer trucks or trailers of tractor-trailers.

(e) A lot in the TC district is not required to provide a buffer yard, if the lot has a width of less than 40 feet.

(2) A required yard may overlap a required buffer yard, provided the requirement for each is met. The buffer yard shall be measured from the district boundary line, street right-of-way line or lot line, whichever is applicable. Required plantings shall not be placed within the right-of-way, except that the Borough may allow deciduous canopy trees.

(3) The buffer yard shall be a landscaped area free of structures, dumpsters, commercial or industrial storage or display, signs, manufacturing or processing activity, materials, loading and unloading areas or vehicle parking or display.

(4) Fence. The Borough may require the installation of a mostly solid decorative fence in addition to the plantings. Any wall or fence in a buffer yard shall be placed on the inside (nonresidential side) of any required plant screening. If a fence in a buffer yard has one side that is more finished or smoother than the other side, the more finished or smoother side shall face the outside of the buffer yard.

(5) Each planting screen shall meet the following requirements:

(a) Plant materials needed to form the visual screen shall have a minimum height when planted of four feet. In addition, an average of one deciduous shade tree, with a minimum trunk diameter of two inches measured six inches above the finished ground level, shall be placed for each 50 feet of length of the buffer yard. The shade trees may be clustered or spaced unevenly.

(b) Plants needed to form the visual screen shall be of such species, spacing and size as can reasonably be expected to produce within three years a mostly solid year-round visual screen at least six feet in height, except where views into a site from a street are needed for security purposes, in which case the screen should have a trimmed height of less than five feet.

(c) The plant screen shall be placed so that at maturity the plants will not obstruct a street or sidewalk.

(d) The plant visual screen shall extend the full length of the lot line, except for: a) Borough-approved points of approximately perpendicular vehicle or pedestrian ingress and egress to the lot, b) locations necessary to comply with safe sight distance requirements where the plantings cannot feasibly be moved further back, and c) locations needed to meet other specific state, Borough and utility requirements, such as stormwater swales.

(e) Weak-stem plants shall not be used to meet the buffer yard requirements. A monotonous straight row of the same species is discouraged. A more naturalistic form of planting is encouraged with a mix of species. If more than 20 evergreen plants are proposed, no more than 50% shall be of one species.

(f) Evergreen trees should be planted at diagonal offsets so that there is room for future growth of the trees.

(g) The plant screening shall primarily use evergreen trees.

(h) Modifications. The Zoning Officer may also modify the buffer yard requirements if necessary for fire safety reasons. The Zoning Hearing Board may by special exception reduce the width of the buffer yard and/or modify other provisions of this section if the requirements cannot be feasibly met or if the applicant proposes an alternative that would serve the same effect.

(6) Buffer yard plans. Prior to the issuance of a permit under this Ordinance where a buffer yard would be required, and on any required subdivision or land development plan, the applicant shall submit plans showing:

(a) The location and arrangement of each buffer yard;

(b) The placement, general selection of species and initial size of all plant materials; and

(c) The placement, size, materials and type of all fences to be placed in such buffer yard.

§ 230-65 Landscaping.

A. A minimum of 10% of each lot shall be landscaped in trees, shrubs and vegetative ground cover. The 10% shall be reduced to 5% for a lot in the TC District. Within a subdivision or land development, such 10% shall apply to the entire project, but does not need to be met for each lot, provided that the plan includes standards for each lot to assure compliance with the overall requirement. See also the buffer yard provisions in § 230-64C.

(1) Any part of a commercial, industrial, institutional or apartment lot which is not used for structures, loading areas, parking spaces and aisles, sidewalks and designated storage areas shall be provided with an all-season, well-maintained vegetative groundcover, and shall be landscaped with trees and shrubs.

(2) Landscaped areas shall be kept free of junk, debris, rubbish and noxious weeds.

(3) The percent landscaping requirement may be partly met by landscaped areas placed within a portion of a public right-of-way if approved by the Borough. For example, if there is a wide right-of-way that is not entirely needed for a sidewalk, plantings may be approved between the sidewalk and a right-of-way line.

B. Parking lot trees. For each 10 new off-street parking spaces, one new deciduous shade tree shall be planted that meets the street tree requirements of Subsection D below.

C. Landscape maintenance. All trees and other landscaping required by this Ordinance or the Subdivision and Land Development Ordinance[1] shall be perpetually maintained by the property-owner. If any landscaping that is needed to meet an ordinance requirement dies, is removed, or is severely damaged, it shall be replaced by the current property owner, within a maximum of 180 days. Note - In certain cases the developer will be responsible for replacement within an initial time period under a subdivision requirement.

[1] Editor's Note: See Ch. 195, Subdivision and Land Development.

D. Street trees. Street trees shall be required when a new principal nonresidential or multifamily apartment building is proposed, or along a new street or an extension of an existing street. Street trees are not required where the Borough determines that existing healthy trees proposed to be preserved will serve the same function.

(1) The Zoning Officer may approve other species of trees than those listed below if the applicant provides written evidence based upon published sources or expert opinion to the satisfaction of the Zoning Officer that the trees would be sturdy, attractive, and resistant to disease and road salt, and suitable for the intended location.

(2) A tree required by this section shall be of the following species. This list shall not regulate types of trees that are not required to be planted by this Ordinance.

Trees Intended to Mature Have a Height of 30 Feet or Less (such as under powerlines):

Acer buergeranum - Trident Maple

Acer campestre - Hedge Maple

Acer tararicum - Tatarian Maple

Acer truncatum - Pacific Sunset Maple

Amelanchier x grandiflora - Serviceberry (beware of sensitivity to road salt)

Carpinus caroliniana - American Hornbeam (beware of sensitivity to road salt)

Cercis canadensis - Eastern Red Bud

Cornus kousa - Kousa Dogwood - Single-stem tree form only

Crataegus crus-galli var. 'Inermis' - Thornless Cockspur Hawthorn (low branches need to be removed on Hawthorns so that the thorns do not harm pedestrians)

Crataegus flava - Yellowleaf Hawthorn

Crataegus laevigata 'Superba' - English Hawthorn

Crataegus viridis - Green Hawthorn

Crataegus x lavallei (tree form) - Lavalle Hawthorn

Crataegus punctata 'Ohio Pioneer' - Ohio Pioneer Hawthorn

Crataegus viridis 'Winter King' - Winter King Green Hawthorn

Prunus x Snow Goose - Snow Goose Cherry

Styrax japonica - Japanese Snowbell

Trees Intended to Have a Mature Height of 30 to 40 Feet:

Acer truncatum - Purpleblow Maple

Acer truncatum x Acer platanoides 'Keithsform' - Norwegian Sunset Maple

Carpinus betulus - European Hornbeam (beware of sensitivity to road salt)

Carpinus betulus 'Fastigiata' - Upright European Hornbeam (beware of sensitivity to road salt)

Gleditsia triacanthos var. inermis - Thornless Honeylocust

Ginkgo biloba (male only) - Maidenhair Tree

Maackia amurensis - Amus Maackia

Parrotia persica (tree form) - Persian Parrotia

Trees Intended to Have a Mature Height of Over 30 Feet:

Acer rubrum - Red Maple

Acer saccharum - Sugar Maple

Celtis occidentalis - Common Hackberry

Eucommia ulmoides - Hardy Rubber Tree

Platanus occidentalis - London Planetree

Platanus x acerifolia 'Bloodgood' - Bloodgood London Planetree

Quercus imbricaria - Shingle Oak

Quercus rubra - Red Oak

Quercus shumardii - Shumard Oak

Tilia americana - American Linden

Tilia cordata - Little Leaf Linden

Ulmus Americana 'Valley Forge' - American Elm 'Valley Forge' (Dutch Elm Disease resistant tree)

Ulmus parvifolia 'Dynasty' - Lacebark Elm

Zelkova serrata 'Green Vase' - Zelkova

Trees Intended for Planting Where There is a Narrow Width Available for a Canopy:

Carpinus betulus 'Columnaris' - Columnar European Hornbeam (beware of sensitivity to road salt)

Carpinus betulus 'Fastigiata' - Upright European Hornbeam (beware of sensitivity to road salt)

Ginkgo biloba 'Magyar' - Magyar Upright Ginkgo

Ginkgo biloba 'Princeton Sentry' - Princeton Sentry Ginkgo

Quercus robur 'Fastigiata' - Columnar English Oak

Quercus robus x Q. alba 'Crimsmidt' - Crimson Spire Oak

Quercus x warei 'Long' Regal Prince - Regal Prince Oak

Zelkova serrata 'Musashino' - Musashino Columnar Zelkova

The following species of trees, as well as other trees with weak trunks, shall specifically not be used to meet Borough requirements, but may be planted on private property in addition to required trees:

Acer sccharinum - Silver Maple

Acer platanoides - Norway Maple

Aesculous species - Horsechestnut

Betula species - Birches

Catalpa species - Catalpas

Malus species - Apple or Crabapple

Ginkgo biloba female - Female Ginkgo

Morus species - Mulberry

Populus species - Poplars

Evergreens - unless the Borough should specifically allow them to be placed on private property adjacent to a street right-of-way in lieu of a street tree if needed to serve as a visual buffer.

(3) If more than 10 trees are required to be planted, then no more than 50% shall be of one species.

(4) Quality of trees. Trees shall be of symmetrical growth, free of insect pests and disease and durable under the maintenance contemplated. The developer shall water trees as needed until a property is sold.

(5) Minimum sizes and standards. The trunk diameter (measured at a height of 4.5 feet above the finished grade level) of deciduous shade trees required by this Ordinance shall be a minimum of 2.5 inches.

(6) Planting and maintenance.

(a) Trees shall be planted in conformance with good landscaping practices, such as ANSI A 300.

(b) Trees adjacent to or within parking areas shall be properly protected from damage by vehicles by raised curbs, raised earth, protective devices and/or sufficient setback.

(7) Required number and spacing of street trees. Where required, an average of one street tree shall be planted for every 50 feet of distance along the street right-of-way line on each affected side of the street. Trees shall be distributed along the length of the street, but are not required to be evenly spaced.

(8) Location of street trees. The trunks of required street trees shall be planted outside of but immediately adjacent to the street right-of-way, unless an alternative location is specifically approved by the Borough or required by PennDOT.

E. Trees along creeks. A perennial creek shall be considered a stream that is designated with a continuous blue line on U.S. Geological Survey topographic maps, such as the Laurel Run. When a new principal building is proposed within 100 feet from the centerline of a perennial creek, and the lot includes one or more banks of the creek, and the creek does not include an average of at least one tree for every 50 feet of creek length, then one new deciduous shade tree shall be required to planted for every 50 feet of creek length on the lot.

(1) In areas along creeks, it is strongly encouraged to retain or plant shrubs, tall grasses and thick vegetation that will help to filter pollutants from runoff and will stabilize creek banks and minimize erosion. Thick taller vegetation has a much greater environmental benefit along a creek than mowed grass.

§ 230-66 Nonconformities.

A. Proof and registration of nonconformities. It shall be the responsibility of a party asserting a nonconformity to provide the evidence that it is lawful. The burden of proof is upon applicant to show that a nonconformity is lawful. A property owner may request a written statement of nonconformity from the Zoning Officer after providing sufficient evidence.

B. Continuation of nonconformities.

(1) A lawful nonconforming use, structure or lot as defined by this Ordinance may be continued and may be sold and continued by new owners.

(2) Any expansion of, construction upon or change in use of a nonconformity shall only occur in conformance with this section.

(3) If an existing use was not lawfully established, it shall not have any right to continue as a nonconforming use.

C. Expansion of or construction involving nonconformities. The following shall apply, unless the structure is approved under § 230-66D.

(1) Nonconforming structure.

(a) The Zoning Officer shall permit a nonconforming structure to be reconstructed or expanded provided:

[1] That such action will not increase the severity or amount of the nonconformity (such as the area of the building extending into the required yard) or create any new nonconformity; or

[2] That any expanded area will comply with the applicable setbacks in that district and other requirements of this Ordinance, unless allowed otherwise by this section.

(b) In the case of a nonconforming structure which is used by a nonconforming use, any expansion shall also meet the requirements of this section regarding nonconforming uses.

(2) Nonconforming lots.

(a) Permitted construction on a nonconforming lot. A single permitted-by-right principal use and its customary accessory uses may be constructed, reconstructed or expanded on a nonconforming lot provided all of the following additional requirements are met:

[1] The lot must be a lawful nonconforming lot of record;

[2] Minimum setback requirements shall be met, except as is allowed in Subsection C below;

[3] State and federal wetland regulations shall be met; and

[4] If a septic or well is used, the requirements for such shall be met.

(b) Lot width. The fact that an existing lawful lot of record does not meet the minimum lot width requirements of this Ordinance shall not by itself cause the lot to be considered to be a nonconforming lot.

(c) Reduction of side yards. On an existing lawful lot with a nonconforming width, as a special exception, the Zoning Hearing Board may approve a reduction of up to 50% in each side setback if the applicant proves such reduction is necessary to allow a customary addition to an existing dwelling, a replacement of an existing undersized dwelling with a new dwelling, or to avoid the construction of a new dwelling that would be inconsistent with the building width of adjacent dwellings. This subsection shall not allow a reduction in setback to increase the number of dwelling units on the lot, except for a unit for care of relative.

(d) Expansion along a nonconforming setback. Where part of an existing one-family dwelling (including a townhouse) has a side yard that is smaller than would normally be required, other parts of that dwelling may be expanded along that same side, provided that the building extension does not go beyond the side setback that already exists along that side.

(3) Expansion of a nonconforming nonresidential use. A nonconforming use or a building used by a nonconforming use shall only be expanded if there is compliance with the following provisions:

(a) An expansion of more than 5% in total building floor area shall require special exception approval from the Zoning Hearing Board under § 230-85D.

(b) The 1) total building floor area used by a nonconforming use or the 2) total land area covered by the nonconforming use, whichever is more restrictive, shall not be increased by greater than 50% beyond what existed in the nonconforming use at the time the use first became nonconforming.

[1] The above maximum increase shall be measured in aggregate over the entire life of the nonconformity. All expansions of the nonconforming use and/or building(s) that occurred since the use originally became nonconforming shall count towards the above maximum increase. For example, a 40% expansion may occur one year, followed by a 10% expansion in a different year.

[2] The 50% maximum expansion of the total land area covered by the use shall be reduced to 10% for a nonconforming junkyard or scrap yard.

(c) Any expansion of a nonconforming use shall meet the required setbacks, maximum height and other requirements of this Ordinance, unless the Zoning Hearing Board grants a variance.

(4) Expansion of a nonconforming residential use. An existing nonconforming residential use may be expanded as a permitted by right use provided that: a) the number of dwelling units or rooming house units are not increased, b) the expansion meets all applicable setbacks, c) no new types of nonconformities are created and d) a nonconformity is not made more severe.

(5) Nonconforming sign. The provisions of this Ordinance shall not provide a right to expand or extend a nonconforming sign. Instead, any expansions or extensions of a nonconforming sign shall comply with this Ordinance. See also § 230-61.

D. Damaged or destroyed nonconformities. A nonconforming structure or nonconforming use that has been destroyed or damaged may be rebuilt in a nonconforming fashion only if: a) the application for a construction permit is submitted within 12 months after the date of damage or destruction, b) work begins in earnest within 12 months after the construction permit is issued and continues, and c) no nonconformity may be newly created or increased by any reconstruction. The property shall be properly secured during such time in such a way to keep out trespassers and to avoid harm to neighboring properties.

E. Abandonment of a nonconformity.

(1) If a nonconforming use of a building or land is discontinued, razed, removed or abandoned for 12 or more months, subsequent use of such building or land shall conform with the regulations of the District in which it is located, except as provided for in the "Damaged or destroyed nonconformities" provisions of this section in Subsection D above.

(2) The applicant shall be responsible to provide clear and convincing evidence that the nonconformity was not abandoned.

(3) An existing lawful separate dwelling unit may be unrented for any period of time without being considered abandoned under this Ordinance.

F. Changes from one nonconforming use to another.

(1) Once changed to a conforming use, a structure or land shall not revert to a nonconforming use.

(2) A nonconforming use may be changed to a different nonconforming use only if approved as a special exception by the Zoning Hearing Board. However, special exception approval is not needed for a simple change within an existing building from one lawful nonconforming retail store use to another retail store use or from one lawful nonconforming personal service use to another personal service use, provided that the new use complies with any Zoning Hearing Board conditions that applied to the previous use and is not more objectionable in external effects than the previous use.

(3) Where special exception approval is required for a change of a nonconforming use, the Board shall determine whether the applicant has provided sufficient proof to show that the proposed new use will be equal or less objectionable in external effects than the pre-existing nonconforming use with regard to:

(a) Traffic safety and generation (especially truck traffic);

(b) Noise, dust, fumes, vapors, gases, odor, glare, vibration, fire, hazardous substances, and explosive hazards;

(c) Amount and character of outdoor storage;

(d) Hours of operation if the use would be close to dwellings; and

(e) Compatibility with the character of the surrounding area.

(4) A nonconforming use shall not be changed to a nonconforming adult use.

G. District changes. Any uses, structures or lots that become nonconforming because of a zoning district change shall be regulated under this section on nonconformities.

H. Voluntary replacement of a nonconforming structure. A nonconforming structure may be partially or completely replaced with a new nonconforming structure if the following requirements are all met:

(1) A building permit shall be issued within a maximum of six months after the building is demolished; and

(2) A new nonconformity shall not be created and any existing nonconformity shall not be made more serious or increased. For example, a vehicle garage with a nonconforming setback may be replaced with a new garage with the same setback on the same side.

§ 230-67 Dumpster screening and location.

A. This § 230-67 addresses waste dumpsters that are not placed within a public street right-of-way. Whenever a site plan is required to be submitted to the Borough, it shall show the proposed location of any waste dumpsters. The Zoning Officer may require that such proposed location be modified to provide compatibility with nearby dwellings, such as to maintain a minimum 70 feet setback from any dwelling to the maximum extent feasible.

B. For a waste dumpster within a public street right-of-way, see § 210-41 of the Borough's Codified Ordinances.

C. If a waste dumpster is not stored within a building and is on the lot for more than 120 days in a calendar year, then it shall be screened from view of any public street or dwelling by decorative masonry wall or weather-resistant solid board fence, with a mostly solid gate.

D. A waste dumpster shall not be kept within a residential district for more than 30 days, except: 1) if it is needed to serve lawful uses on the lot, or 2) if the dumpster is necessary for on-site construction, while a Borough construction permit for the property is active.

§ 230-68 Portable storage containers.

A. This section shall apply to a portable storage container that is kept outside of a building and which has a length greater than 10 feet and which is not currently attached to a motor vehicle or railroad and which is not part of a permitted industrial use on the same lot.

B. The following regulations shall apply on a principally residential lot:

(1) A portable storage container shall not be kept on a principally residential lot for a total of more than two months in any calendar year, unless it is being used as part of an active construction permit for the lot. A temporary zoning permit shall be required if the portable storage container is kept on the lot for more than 30 days.

(2) A maximum of one portable storage container shall be allowed per lot. A mobile home, trailer or a portion of a vehicle shall not be used as a portable storage container on a residential lot.

C. On a lot that is not a principally residential lot, any portable storage container that is kept on a lot for more than 30 days shall meet the setbacks that apply to a principal building, unless the container is necessary to temporarily hold materials for active on-site construction.

D. The following shall apply to any portable storage container:

(1) The container shall not obstruct safe sight distances at intersections.

(2) The container shall not obstruct travel lanes of a street or a public sidewalk, unless specifically authorized by a Borough permit where there is no alternative.

(3) The container shall only be allowed to be placed within a street right-of-way if a permit for such placement is issued by the Borough. Such permit shall specify a maximum number of days during which the container may be placed within the right-of-way.

(4) The container shall not be used to store hazardous, explosive or toxic substances or putrescent garbage.

(5) A facility that stores portable storage containers that have been leased by others or are available for lease shall be considered a warehouse.

§ 230-69 Green incentives.

A. See § 230-24 regarding solar dimensional provisions. That section allows some flexibility in dimensional requirements.

B. See § 230-21, which allows solar energy collection devices to exceed the maximum height.

C. If a building or parking structure includes an approved green roof, the area covered by the green roof may exceed allowed maximum building coverage, up to a maximum increase of 20%. For example, if a district includes a maximum 30% building coverage, and a building footprint equal to 20% of the lot is covered by a green building roof, then the maximum total allowed building coverage shall be 50%. In such example, an area equal to a minimum of 20% of the lot area would need to be covered by a green roof, but not the entire building roof.

(1) In order to be considered a green roof, such area shall be exposed to direct sunlight at noon-time and shall be covered with vegetation that is designed to absorb stormwater runoff. Vegetation shall be planted in soil or other growing material with a minimum of four inches of depth. Up to 10% of an area of a green roof may include walkways or skylights. If such vegetation dies, it shall be required to be replaced within 150 days.

D. Pervious pavement used for vehicle parking and vehicle movement shall be considered impervious for the purposes of the zoning ordinance impervious coverage requirement, except as follows. The maximum impervious coverage of a lot or a tract may be increased by up to 10% of the lot area if a corresponding land area is covered by Borough-approved pervious pavement.

(1) For example, if a lot includes 10,000 square feet, and has a 50% maximum impervious surface requirement, and the lot will include 1,000 square feet of pervious pavement, then a maximum of 6,000 square feet of the lot may be covered by impervious surfaces instead of 5,000 square feet. In such example, 5,000 square feet of the lot could be covered with building roofs and paving surfaces that are impervious.

E. This Subsection E applies if the applicant proves that a new building will be certified or meets a higher standard under the published standards of the Leadership in Energy and Environmental Design (LEED) Certified building, following the latest published standards of the U.S. Green Building Council or its successor entity for New Construction or Building Rehabilitation. In such case, the certified building may exceed maximum building coverage and/or the maximum impervious coverage by 10% for the lot. This incentive may not be added on top of the other building and impervious incentives in this section.

(1) The applicant is required to have a LEED-certified professional provide a statement in writing to the Borough at each of the following times: a) the land development application, b) at the time of the building permit application and c) at a point halfway through construction. Such statement shall provide a professional opinion that the project will be able to meet the LEED Certification, and specifying the point system that will be used.

(2) If a building fails to meet the requirements for LEED certification after occupancy, the Zoning Officer shall have the authority to require that the current building owner make sufficient changes to the building and submittals to obtain the intended certification.

F. Applicants are encouraged to provide an electric recharging station for electric motor vehicles, particularly if the use involves a total of 100 or more vehicle parking spaces. Such electric recharging stations shall be permitted by right in all zoning districts and may take the place of required parking spaces.