A. 
Intent and applicability.
(1) 
The intent of this Part 2 is to regulate the development and operation of all proposed uses or change of uses in the Borough and to protect the environment and the public health, safety, and general welfare.
(2) 
No use shall be permitted in any district if it is to be operated in such a manner as to create any dangerous, injurious, noxious or otherwise objectionable fire, explosive, radioactive, environmental or other hazard; noise or vibration; smoke, dust, dirt, persistent odor, solid waste or air, water, or other form of pollution; electrical, glare, or other disturbance which will adversely affect the surrounding area or premises or be dangerous to public health or safety. Any such activity is hereby declared to be a public nuisance.
(3) 
All uses shall be developed in a manner consistent with the preservation of the quality of the existing environment and of any natural amenities present on the site. Such uses shall provide for the reservation and the minimal disturbance of natural drainage areas, minimal grading and disturbance of the ground surface, the preservation of substantial stands of trees and forested areas, and the preservation of attractive views and any other natural features existing on the site.
(4) 
Any use permitted by this chapter may be undertaken and maintained if it conforms to all applicable requirements of this chapter, including the standards in this Part 2 which are intended to limit nuisance elements. The performance standards in this Part 2 shall apply to all proposed new or expanded nonresidential uses, and residential uses explicitly referenced by a specific section. The standards in this Part 2 shall not apply to normal agricultural uses unless explicitly referenced by a specific section.
B. 
Affidavit.
(1) 
With the exception of residential uses, the applicant for a zoning permit for any other principal or accessory use shall include with such application an affidavit acknowledging his understanding of the performance standards in this Part 2 and applicable to such use and affirming his agreement to conduct or operate such use at all times in conformance with such standards.
(2) 
The Right to Know Law protects certain information submitted in connection with a zoning permit from public disclosure by the Borough. § 708(3) of the Right to Know Law, 65 P.S. 67.708(3), exempts, "A record, the disclosure of which creates a reasonable likelihood of endangering the safety or the physical security of a building, public utility, resource, infrastructure, facility or information storage system, which may include . . . (iii) building plans or infrastructure records that expose or create vulnerability through disclosure of the location, configuration or security of critical systems, including public utility systems, structural elements, technology, communication, electrical, fire suppression, ventilation, water, wastewater, sewage and gas systems." Additionally, § 708(11) of the Right to Know Law, 65 P.S. 67.708(11), exempts, "A record that constitutes or reveals a trade secret or confidential proprietary information." An applicant for a zoning permit may designate application material submitted to the Borough meeting the exemption criteria of the Right to Know Law as confidential. Such confidential information shall be protected from public disclosure by the Borough to the extent permitted by law.
(3) 
Regardless of whether or not a use is required to comply with the procedure specified in this § 500-59B, every use shall comply with all applicable performance standards in this Article VII.
Unless otherwise regulated by this chapter, where a nonresidential use is proposed contiguous to any existing residential dwelling and where a C-1, C-2, C-3, I, or S District adjoins any R-1, R-2, R-3, or R-4 District, the minimum size of the abutting setback shall be increased by 50% and a landscaped buffer not less than five feet in width shall be provided in accord with this § 500-60 and Chapter 390 (Subdivision and Land Development). Storage of equipment, supplies, products, or any other materials shall not be permitted in any front setback or side setback. In the case of conditional uses and special exceptions, landscaped buffers may be required by the Borough in any setback in order to assure the protection of adjoining uses by providing visual barriers that block the glare of lights; reduce noise; serve as a protective barrier by blocking physical passage to dangerous areas; and reduce air pollution, dust, and litter; and, to otherwise maintain and protect the character of the district.
A. 
In determining the type and extent of the buffer required, the Borough shall take into consideration the design of the project structure(s) and site, topographic features which may provide natural buffering, existing natural vegetation, and the relationship of the proposed project to adjoining areas.
B. 
The width of the required buffer, as determined by the Borough, shall not be less than five feet.
C. 
A mix of ground cover and shrubbery vegetation and canopy trees, of such variety compatible with the local climate, may be required so that a dense screen not less than six feet in height will be formed within three years of planting. Plants shall be species identified by the Chapter 390 (Subdivision and Land Development). In lieu of the plantings, a solid fence six feet in height may be approved by the Borough.
D. 
Berms and landscaped walls or fences, compatible with the principal building design, may be incorporated in the required buffer. Front yard buffers shall be provided in the same manner to a height of not less than four feet; however, all clear sight triangles shall be maintained.
E. 
In any case, special consideration shall be given to existing residential uses and sites where residential uses are likely to be developed. In cases where the adjoining use is a commercial use, or when two or more adjacent properties are developed under a common site plan, the width and density of the buffer may be reduced if the Borough shall determine that the proposed use and adjoining use(s) are not incompatible.
F. 
Design details of buffers shall be included on the site plan, and buffers shall be considered "improvements" for the purposes of guaranteeing installation in accord with the requirements for "land developments" in Chapter 390 (Subdivision and Land Development). It shall be the responsibility of the property owner to maintain all buffers in good condition and replace any dying or dead plants or deteriorating landscape material.
Landscaping for land developments shall comply with the requirements of Chapter 390 (Subdivision and Land Development). Following the completion of any land development project, the failure to maintain the landscaping shall be subject to the enforcement provisions of this chapter.
All facilities and operations of any principal use (with the exception of nurseries, agriculture, and the display for sales purposes of new or used cars, motorcycles, trucks, trailers, vehicles, or farm equipment, in operative condition or other similar uses) including the storage of raw material, finished products, fuel, machinery and equipment and any other materials or supplies shall be enclosed and conducted within a building except as follows:
A. 
Sales area. One outdoor sales area meeting the required setbacks for the district shall be permitted not to exceed the lesser of 10% of the interior retail sales space or 500 square feet.
B. 
Conditional use/special exception.
(1) 
Outdoor storage for other uses may be approved as a conditional use for a use listed as conditional use by the Schedule of Uses[1] and as a special exception for a use listed as a special exception.
[1]
Editor's Note: See § 500-17.
(2) 
In the case of a use listed as a principal permitted use by the Schedule of Uses, outdoor storage shall be considered a conditional use.
(3) 
Larger setbacks and/or buffers to afford protection to adjoining uses and any public street rights-of-way may be required.
C. 
Storage in setback and parking areas. Storage of equipment, supplies, products, or any other materials shall not be permitted in any required setback or parking areas.
D. 
Vehicles, trailers, containers. Storage of materials, supplies or products in motor vehicles, truck trailers or other containers normally used to transport materials shall not be permitted in any zoning district except the I Industrial District and when used, such motor vehicles, truck trailers or other containers shall comply with accessory structure requirements.
E. 
Migration off lot. No materials or wastes shall be deposited upon a lot in such form that they may be transferred off the lot by natural causes or forces, nor shall any substance which can contaminate a stream or watercourse or otherwise render such stream or watercourse undesirable as a source of water supply or recreation, or which will destroy aquatic life, be allowed to enter any stream or watercourse.
F. 
Materials storage. All materials or wastes which might cause fumes or dust, or which constitute a fire hazard, or which may be edible or otherwise attractive to rodents or insects shall be stored outdoors only if enclosed in containers which are adequate to eliminate such hazards.
All activities involving any manufacturing, production, storage transfer or disposal of, inflammable and explosive materials shall be provided with adequate safety devices against the hazard of fire and explosion and adequate fire-fighting and fire suppression equipment and devices standard in the industry shall be required. Burning of waste materials in open fires is prohibited. The relevant provisions of federal, state and local laws and regulations shall also apply. Details of the potential hazards and details of planned safety and accident response actions shall be provided by the developer for review by the local fire company(s). In the case of conditional uses and special exceptions, larger setbacks, additional buffer areas or fencing may be required by the Borough or the Zoning Hearing Board.
Activities which may emit dangerous radioactivity beyond enclosed areas shall comply with state and federal laws and regulations. No electrical disturbances (except from domestic household appliances) shall be permitted to affect adversely, at any point, any equipment, other than that of the creator of such disturbance.
Operating or permitting the operations of any device that creates vibration which is above the vibration perception threshold of an individual at or beyond the property boundary of the source if on private property or at 50 feet from the source if on a public space or public right-of-way shall be prohibited. For the purposes of this section, vibration perception threshold means the minimum ground-borne or structure-borne vibrational motion necessary to cause a normal person to be aware of the vibration by such direct means as, but not limited to, sensation by touch or visual observation of moving objects.
The standards of this § 500-67 shall also apply to residential and agricultural uses. Lighting shall be controlled in both height and intensity to maintain community character; and lighting design should be an inherent part of the project design. The applicant shall provide the proposed specifications of the proposed lighting and its arrangement on the site. Any proposal which is considered a land development as defined by Chapter 390 (Subdivision and Land Development) shall be governed by the lighting and glare standards in that ordinance. Following the establishment of any land development, the ongoing operation and maintenance of the lighting facilities shall comply with the requirements of this § 500-67 and violations shall be subject to the enforcement provisions of this chapter.
A. 
Purpose. To set standards for outdoor lighting to:
(1) 
Provide for and control lighting in outdoor places where public health, safety and welfare are potential concerns;
(2) 
Protect drivers and pedestrians from the glare of nonvehicular light sources;
(3) 
Protect neighbors, the environment and the night sky from nuisance glare and light trespass from improperly selected, placed, aimed, applied, maintained, or shielded light sources; and
(4) 
Promote energy efficient lighting design and operation.
B. 
Applicability.
(1) 
This § 500-67 shall apply to all uses within the Borough where there is exterior lighting that is viewed from outside, including, but not limited to, residential, commercial, industrial, public and private recreational/sports and institutional uses, and sign, billboard, architectural and landscape lighting.
(2) 
Exemptions. The following lighting applications are exempt from the requirements of this § 500-67:
(a) 
Lighting within public right-of-way or easement for the principal purpose of illuminating streets or streets. No exemption shall apply to any lighting within the public right-of-way or easement when the purpose of the luminaire is to illuminate areas outside the public right-of-way or easement.
(b) 
Lighting for public monuments and statuary.
(c) 
Underwater lighting in swimming pools and other water features.
(d) 
Low voltage landscape lighting.
(e) 
Repairs to existing luminaires not exceeding 25% of the number of total installed luminaires.
(f) 
Temporary lighting for theatrical, television, performance areas and construction sites.
(g) 
Temporary lighting and seasonal decorative lighting provided that individual lamps are less than 10 watts and 70 lumens.
(h) 
Emergency lighting, as may be required by any public agency while engaged in the performance of their duties, or for illumination of the path of egress during an emergency.
C. 
Standards.
(1) 
Illumination levels. Lighting shall have illuminances, uniformities and glare control in accord with the recommended practices of the Illuminating Engineering Society of North America (IESNA) unless otherwise directed by the Borough.
(2) 
Luminaire design.
(a) 
Horizontal surfaces.
[1] 
For the lighting of predominantly horizontal surfaces such as, but not limited to, parking areas, roadways, culs-de-sac, vehicular and pedestrian passage areas, merchandising and storage areas, automotive-fuel dispensing facilities, automotive sales areas, loading docks, active and passive recreational areas, building entrances, sidewalks, bicycle and pedestrian paths, and site entrances, luminaires shall be aimed straight down and shall meet IESNA full-cutoff criteria.
[2] 
Luminaires with an aggregate rated lamp output not exceeding 500 lumens, e.g., the rated output of a standard nondirectional forty-watt incandescent or ten-watt compact fluorescent lamp, are exempt from the requirements of this paragraph. In the case of decorative street lighting, luminaires that are fully shielded or comply with IESNA cutoff criteria may be used.
(b) 
Nonhorizontal surfaces.
[1] 
For the lighting of predominantly nonhorizontal surfaces such as, but not limited to, facades, landscaping, signs, billboards, fountains, displays and statuary, when their use is specifically permitted by the Borough, luminaires shall be shielded and shall be installed and aimed so as to not project their output into the windows of neighboring residences, adjacent uses, past the object being illuminated, skyward or onto a public roadway.
[2] 
Luminaires with an aggregate rated lamp output not exceeding 500 lumens, e.g., the rated output of a standard nondirectional forty-watt incandescent or ten-watt compact fluorescent lamp, are exempt from the requirements of this § 500-67C(2)(b).
(3) 
Control of glare.
(a) 
All lighting shall be aimed, located, designed, fitted, and maintained so as not to present a hazard to drivers or pedestrians by impairing their ability to safely traverse and so as not to create a nuisance by projecting or reflecting objectionable light onto a neighboring use or property.
(b) 
Directional luminaires such as floodlights and spotlights shall be so shielded, installed and aimed that they do not project their output into the windows of neighboring residences, adjacent uses, past the object being illuminated, skyward or onto a public roadway or pedestrian way. Floodlights installed above grade on residential properties, except when motion-sensor actuated, shall not be aimed out more than 45° from straight down. When a floodlight creates glare as viewed from an adjacent residential property, the floodlight shall be required to be re-aimed and/or fitted with a shielding device to block the view of the glare source from that property.
(c) 
Barn lights, also known as dusk-to-dawn lights, when a source of glare as viewed from an adjacent property, shall not be permitted unless effectively shielded as viewed from that property.
(d) 
(Reserved)
(e) 
Parking facility and vehicular and pedestrian-way lighting (except for safety and security applications and all-night business operations), for commercial, industrial, and institutional uses shall be extinguished after the close of business or facility operation. When safety or security lighting is proposed for after-hours illumination, it shall not be in excess of 25% of the number of luminaires or illumination level required or permitted for illumination during regular business hours. When it can be demonstrated to the satisfaction of the Borough that an elevated security risk exists, e.g., a history of relevant crime, an appropriate increase above the 25% limit may be permitted as a conditional use.
(f) 
Luminaires shall be automatically controlled through the use of a programmable controller with battery power-outage reset, which accommodates daily and weekly variations in operating hours, annual time changes and seasonal variations in hours of darkness. The use of photocells is permitted when in combination with the programmable controller to turn luminaires on at dusk and for all-night safety/security dusk-to-dawn luminaire operation when such lighting is specifically approved by the Borough in accord with § 500-67C(3)(e). The use of motion detectors is permitted.
(g) 
Vegetation screens shall not be employed to serve as the primary means for controlling glare. Rather, glare control shall be achieved primarily through the use of such means as cutoff luminaires, shields and baffles, and appropriate application of luminaire mounting height, wattage, aiming angle and luminaire placement.
(h) 
Light spillover.
[1] 
Residential. The illumination projected from any use onto a residential use or permanent open space shall at no time exceed 0.1 initial footcandle, measured line-of-sight at any time and from any point on the receiving residential property. This shall include glare from digital or other illuminated signs.
[2] 
Nonresidential. The illumination projected from any property onto a nonresidential use shall at no time exceed one initial footcandle, measured line-of-sight from any point on the receiving property.
(i) 
Height. Except as permitted for certain recreational lighting and permitted elsewhere in this paragraph, luminaires shall not be mounted in excess of 20 feet above finished grade (AFG) of the surface being illuminated. Luminaires not meeting full-cutoff criteria, when their use is specifically permitted by the Borough, shall not be mounted in excess of 16 feet AFG. Mounting height shall be defined as the distance from the finished grade of the surface being illuminated to the optical center of the luminaire. Where proposed parking lots consist of 100 or more contiguous spaces, the Borough may, at its discretion, based partially on mitigation of potential off-site impacts, permit a luminaire mounting height not to exceed 25 feet AFG. For maximum mounting height of recreational lighting, see § 500-67D.
(j) 
The United States, state and other official flags may be illuminated from dusk to dawn. All other flags shall not be illuminated past 11:00 p.m. Flag lighting sources shall not exceed 7,000 aggregate lamp lumens per flagpole. The light source shall have a beam spread no greater than necessary to illuminate the flag.
(k) 
Under-canopy lighting for such applications as gas/service stations, hotel/theater marquees, fast-food/bank/drugstore drive-ups, shall be accomplished using flat-lens full-cutoff luminaires aimed straight down and shielded in such a manner that the lowest opaque edge of the luminaire shall be below the light source and its light-directing surfaces, at all lateral angles around the luminaire. The average illumination intensity in the area directly below the canopy shall not exceed 20 maintained footcandles and the maximum density shall not exceed 30 initial footcandles.
(l) 
Soffit lighting around building exteriors shall not exceed 15 initial footcandles.
(m) 
The use of white strobe lighting for tall structures such as smokestacks, chimneys and radio/communications towers is prohibited during hours of darkness except as required by the Federal Aviation Administration.
(4) 
Installation.
(a) 
Electrical feeds for lighting standards shall be run underground, not overhead, and shall be in accord with the National Electric Code (NEC) Handbook.
(b) 
Poles supporting luminaires for the illumination of parking areas and located within the parking area or directly behind parking spaces, or where they could be hit by snowplows or wide-swinging vehicles, shall be protected by being placed a minimum of five feet outside paved area or tire stops, or placed on concrete pedestals at least 30 inches high above the pavement, shielded by steel bollards or protected by other effective means.
(c) 
Pole-mounted luminaires for lighting horizontal surfaces shall be aimed straight down and poles shall be plumb.
(d) 
Poles and brackets for supporting luminaires shall be those specifically manufactured for that purpose and shall be designed and rated for the luminaire and mounting accessory weights and wind loads involved.
(e) 
Pole foundations shall be designed consistent with manufacturer's wind load requirements and local soil conditions involved.
(5) 
Maintenance. Luminaires and ancillary equipment shall be maintained so as to meet the requirements of this chapter.
(6) 
Billboards and signs. The lighting of new or relighting of existing billboards and signs shall require a permit, which shall be granted when the Zoning Officer is satisfied that excessive illumination, light pollution, glare, and light trespass have been adequately mitigated, and shall be subject to the following requirements:
(a) 
Externally illuminated billboards and signs shall have luminaires mounted at the top of the billboard or sign and aimed downward. The luminaires shall be designed, fitted, and aimed to shield the lamp and its reflective surfaces from off-site view and to place the light output onto and not beyond the sign or billboard. Lighting shall be by linear fluorescent unless it can be demonstrated to the satisfaction of the Borough that such a mounting arrangement is not possible. At no point on the face of the sign or billboard and at no time shall the illumination exceed 30 vertical footcandles during hours of darkness.
(b) 
Internally illuminated signs shall have a dark field and light message. The aggregate output of the light sources shall not exceed 500 initial lumens per square foot of sign face per side.
(c) 
The illumination of a billboard within 400 feet of a residential use shall not be permitted.
(d) 
Rotating, traveling, pulsing, flashing, or oscillating light sources, lasers, beacons, searchlights or strobe lighting shall not be permitted.
(e) 
The use of highly reflective signs that creates nuisance glare or a safety hazard shall not be permitted.
D. 
Recreational uses. The nighttime illumination of outdoor recreational facilities for such sports as baseball, basketball, soccer, tennis, track and field, and football typically necessitate higher than normally permitted luminaire mounting heights and aiming angles, utilize very-high-wattage lamps and potentially produce unacceptable levels of light trespass and glare when located near residential properties. Permission to illuminate such facilities shall be granted only when the Borough is satisfied that the health, safety and welfare rights of nearby property owners and the Borough as a whole have been properly protected. When recreational uses are specifically permitted by the Borough for operation during hours of darkness, the following requirements shall apply:
(1) 
For racetracks and such recreational venues as golf driving ranges and trap-shooting facilities, the horizontal or near horizontal aiming of luminaires and projection of illumination may be permitted by conditional use. A visual impact analysis shall be required in accord with § 500-67D(6).
(2) 
A proposed illuminated recreational facility located within a R-1, R-2, R-3, or R-4 District or sited on a nonresidential property located within 1,000 feet of a property in a R-1, R-2, R-3, or R-4 District shall be considered a special exception.
(3) 
Sporting events shall be timed to end at such time that all lighting in the sports facility, other than lighting for safe exit of patrons, shall be extinguished by 10:00 p.m. except in the occurrence of extra innings, overtimes or make-up games.
(4) 
The Borough reserves the right to limit the number of illuminated sporting events per week or season.
(5) 
Maximum mounting heights for recreational lighting shall be in accordance with the following:
(a) 
Basketball: 20 feet.
(b) 
Football: 70 feet.
(c) 
Soccer: 70 feet.
(d) 
Lacrosse: 70 feet.
(e) 
Baseball and softball.
[1] 
200-foot radius: 60 feet.
[2] 
300-foot radius: 70 feet.
(f) 
Miniature golf: 20 feet.
[1] 
See driving range in § 500-67D(1).
(g) 
Swimming pool aprons: 20 feet.
(h) 
Tennis: 20 feet.
(i) 
Track: 20 feet.
(j) 
All uses not listed: 20 feet.
(6) 
Visual impact plan. To assist the Borough in determining whether the potential impacts of proposed lighting have been suitably managed, applications for illuminating recreational facilities shall be accompanied not only with the information required by § 500-67E, but also by a visual impact plan that contains the following:
(a) 
Plan views containing a layout of the recreational facility and showing pole locations and the location of residences on adjoining properties.
(b) 
Elevations containing pole and luminaire mounting heights, horizontal and vertical aiming angles and luminaire arrays for each pole location.
(c) 
Elevations containing initial vertical illuminance plots at the boundary of the site, taken at a height of five-foot line-of-sight.
(d) 
Elevations containing initial vertical illuminance plots on the windowed facades of all residences facing and adjacent to the recreational facility. Such plots shall demonstrate compliance with the light trespass and glare control requirements of § 500-67C(3).
(e) 
Proposed frequency of use of the facility during hours of darkness on a month-by-month basis and proposed time when the sports lighting will be extinguished.
(f) 
A narrative describing the measures proposed to achieve minimum off-site disturbance.
E. 
Plan submission. Lighting plans shall be submitted for Borough review and approval for subdivision and land development, conditional use, variance, zoning permit and special exception applications. The submitted information shall include the following:
(1) 
A plan or plans of the site, complete with all structures, parking spaces, building entrances, traffic areas (both vehicular and pedestrian), existing and proposed trees, and adjacent uses that might be adversely impacted by the lighting. The lighting plan shall contain a layout of all proposed and existing luminaires, including but not limited to area, architectural, building entrance, canopy, soffit, landscape, flags and signs, by location, orientation, aiming direction, mounting height, lamp, photometry and type.
(2) 
A ten-foot-by-ten-foot illuminance grid (point-by-point) plot of maintained horizontal footcandles overlaid on the site plan, plotted out to 0.0 footcandles, which demonstrates compliance with the light trespass, illuminance and uniformity requirements as set forth in this chapter. When the scale of the plan, as judged by the Borough, makes a ten-foot-by-ten-foot grid plot illegible, a more legible grid spacing may be permitted.
(3) 
Light-loss factors, IES candela test-filename, initial lamp-lumen ratings and specific lamp manufacturer's lamp ordering nomenclature, used in calculating the plotted illuminance levels.
(4) 
Description of the proposed equipment, including luminaire catalog cuts, photometrics, glare reduction devices, lamps, on/off control devices, mounting heights, pole foundation details, pole protection means and mounting methods.
(5) 
Landscaping plans shall contain luminaire locations, demonstrating that the site lighting and landscaping have been coordinated to minimize conflict between vegetation and intended light distribution, both initially and at vegetation maturity.
(6) 
When requested by the Borough for conditional uses or special exceptions, the applicant shall also submit a visual impact plan in accord with § 500-67D(6).
(7) 
Plan notes. The following notes shall appear on the lighting plan:
(a) 
Post-approval alterations to lighting plans or intended substitutions for specified lighting equipment on the approved plan shall be submitted to the Borough for review and approval prior to installation. Requests for substitutions shall be accompanied by catalog cuts of the proposed equipment that demonstrate the proposed substitution is equal to or exceeds the optical quality and maintainability of the specified luminaires; and shall be accompanied by a lighting plan, including a point-by-point plot, which demonstrates that proposed substitutions will result in a lighting design that equals or exceeds the quality of the approved plan.
(b) 
The Borough reserves the right to conduct post-installation inspections to verify compliance with ordinance requirements and approved lighting plan commitments, and if deemed appropriate by the Borough, to require remedial action at no expense to the Borough.
(c) 
All exterior lighting, including building-mounted lighting, shall meet IESNA full-cutoff criteria unless otherwise specifically approved by the Borough.
(d) 
Installer shall notify Borough to arrange for inspection and approval of all exterior lighting, including building-mounted lighting, prior to its installation.
F. 
Compliance monitoring.
(1) 
Safety hazards. If the Zoning Officer determines that a lighting installation creates a safety hazard, an enforcement proceeding shall be initiated.
(2) 
Nuisance glare and inadequate illumination levels. If the Zoning Officer determines that a lighting installation produces unacceptable levels of nuisance glare, skyward light, excessive or insufficient illumination levels or otherwise varies from the requirements of this chapter, enforcement proceedings shall be initiated.
G. 
Nonconforming lighting. A nonconforming lighting fixture or lighting installation shall be made to conform with the applicable requirements of this § 500-67 when:
(1) 
It is deemed by the Zoning Officer to create a safety hazard;
(2) 
It is replaced, abandoned or relocated;
(3) 
There is a change in use; or
(4) 
Minor corrective action is deemed appropriate by the Zoning Officer to bring the fixture or installation into conformance with the requirements of this chapter. Minor corrective action shall be defined as having a cost not to exceed 25% of the cost of the replacement of the fixture or installation.
H. 
Definitions. Words and phrases used in this § 500-67 shall have the meanings set forth in this § 500-67H. Words and phrases not defined in this § 500-67 but defined in Article II shall be given the meanings set forth in Article II. All other words and phrases shall be given their common, ordinary meaning, unless the context clearly requires otherwise.
ARCHITECTURAL LIGHTING
Lighting designed to reveal architectural beauty, shape and/or form and for which lighting for any other purpose is incidental.
FOOTCANDLE
The amount of illumination the inside surface of a one-foot radius sphere would receive if there were a uniform point source of one candela in the exact center of the sphere. The footcandle is equal to one lumen per square foot and is measurable with an illuminance meter (light meter).
FULL CUTOFF
Attribute of a luminaire from which no light is emitted at or above a horizontal plane drawn through the lowest light-emitting portion of the luminaire and no more than 10% of the lamp's intensity is emitted at or above an angle 10° below that horizontal plane, at all lateral angles around the luminaire. A full-cutoff luminaire, by definition, also is fully shielded.
FULLY SHIELDED
A luminaire with opaque top and sides, capable of emitting light only in the lower photometric hemisphere as installed.
GLARE
Light entering the eye directly from luminaires or indirectly from reflective surfaces that causes visual discomfort or loss in visual performance and visibility.
IESNA
Illuminating Engineering Society of North America.
LAMP
A generic term for a source of optical radiation, often called a "bulb' or "tube."
LED
Light emitting diode.
LIGHT TRESPASS
Light emitted by a luminaire or installation, which is cast beyond the boundaries of the property on which the lighting installation is sited.
LIGHTING SYSTEM
On a site, all exterior electric lighting and controls.
LUMEN
As used in the context of this chapter, the light-output rating of a lamp (light bulb).
LUMINAIRE
The complete lighting unit (fixture), consisting of a lamp, or lamps and ballast(s) when applicable, together with the parts designed to distribute the light (reflector lens, diffuser) to position and protect the lamps, and to connect the lamps to the power supply.
LUMINAIRE, SHIELDED DIRECTIONAL
A fully shielded luminaire with an adjustable mounting device allowing aiming in a direction other than straight downward.
No use shall carry on an operation that will produce heat perceptible beyond the property line of the lot on which the operation is situated.
All activities involving the possible contamination or depletion of surface or groundwater shall be provided with adequate safety devices to prevent such contamination or depletion. In cases where any earth disturbance will result in the excavation of bedrock, the township may require the applicant to submit a report from a qualified engineer or geologist detailing the geologic structure of the area proposed to be disturbed and identifying the probable impacts on groundwater supply and quality. Details about the amount of water use and details of the potential hazards (including the groundwater characteristics of the area in which the use is proposed) and details of planned mitigation actions shall be provided by the developer. The township may require a plan to be submitted for review and approval and may require security for ensuring mitigation actions. Monitoring wells and water quality testing may also be required by the township. The developer shall also provide details about the use of groundwater and any processes that could result in the depletion of groundwater supplies. No use shall be permitted which would result in the depletion of groundwater supplies. The developer shall provide documentation of compliance with PA DEP, Delaware River Basin Commission, and U.S. Environmental Protection Agency regulations.
A. 
Stormwater. A stormwater management plan and soil erosion control plan shall be required for review and approval. Said plan shall be prepared and implemented pursuant to the standards contained in Chapter 377 (Stormwater Management).
B. 
Soil erosion and sedimentation control. Soil erosion and sedimentation controls shall be provided in accord with County Conservation District and PA DEP requirements.
No liquid, solid, toxic, or hazardous waste shall be stored or disposed in any commercial, residential, or other area, either above or below ground level, except for the temporary storage thereof pending removal from the premises. Such temporary storage and handling of waste shall be in a designated area and shall be conducted in compliance with all applicable state and federal regulations in order to prevent any water, soil or air contamination and shall be screened from view of adjoining properties and any public street right-of-way by fencing or other buffers. In addition, no waste discharge is permitted into any reservoir, sewage or stormwater disposal system, stream, open body of water or onto the ground. All waste materials shall be disposed of only in accord with all applicable state and federal regulations and applications for any use which results in waste materials regulated by the state or federal government shall include a list of all such wastes and the method of temporary storage, handling and disposal.
All ponds, reservoirs or other such storage facilities which are associated with any manufacturing or industrial process, or any sewage or waste disposal process shall be fenced or shall otherwise be physically controlled to prevent access by the public. Said fence shall be not less than four feet high and of a design to restrict access to the area to be controlled. Any such facility which contains any material which is poisonous, toxic, or caustic, shall not be permitted.
In cases where deemed necessary by the Borough, the applicant shall provide a plan addressing security needs to protect the health and safety of the public as well as the occupants of the proposed facility. Such plan shall include a description of the specific services to be offered, type of patients and/or residents, to be served, and the staff to be employed for this purpose. The plan shall identify the forms of security normally required with care of the type to be offered and detail the specific measures to be taken in the construction, development and operation of the facility so as to provide appropriate security. The plan shall, at a minimum, reasonably restrict unauthorized entry and/or exit to and from the property and provide for effective separation from adjoining residences by means of fencing, signs or a combination thereof. The plan shall also address measures to ensure that lighting and noise is controlled, particularly with respect to loudspeakers or other amplification devices and floodlights.
A. 
Water supply. All uses shall be provided with an adequate and safe water supply as demonstrated by approval by the Borough Water Department or compliance with Chapter 447 (Wells) and PA DEP.
B. 
Sewage/wastewater disposal. Sewage and wastewater disposal shall be provided by a system meeting the needs of the proposed use and the requirements of the Borough Sewer Authority and PA DEP.
Every use requiring power shall be so operated that any service lines, substation, etc., shall conform to the highest applicable safety requirements, shall be constructed, installed, etc., so that they will be an integral part of the architectural features of the plant; or, if visible from abutting residential properties, shall be screened in accord with § 500-60.
A. 
Travel routes. The applicant shall provide a map showing the public streets proposed to be used to travel to and from the facility and the Borough may require the applicant to provide an evaluation prepared by a registered professional engineer of the condition of any Borough street which will be used and the potential damage which may occur from such use. The Borough may require a bond to insure the repair of any anticipated street damage.
B. 
Traffic impact study (TIS).
(1) 
Intent. Traffic impact studies are required for certain activities to enable the Borough to assess the effect on the transportation system in and around the Borough and to:
(a) 
Ensure that proposed uses do not adversely affect the transportation network.
(b) 
Identify any traffic problems associated with site access.
(c) 
Determine traffic problems on private, Borough, county or state streets in the project traffic study area.
(d) 
Assist in the protection of the safety of the motoring public, air quality, and energy conservation.
(2) 
TIS requirement.
(a) 
Thresholds. A TIS shall be required for all proposals that are projected to generate 150 or more trip-ends per project peak hour or 1,500 trip-ends or more per day based on the latest edition of Trip Generation published by the Institute of Transportation Engineers. A TIS shall also be required for additions to a use, changes of use and replacements of nonconforming uses that increase the total traffic (i.e., existing plus new traffic) above the peak hour or daily thresholds.
(b) 
Other projects. The Borough Council, Planning Commission, or Zoning Hearing Board may also, based upon the nature of a project and potential impacts on the Borough, require the developer to prepare and submit to the Borough a TIS for the following types of developments and uses:
[1] 
Industrial parks.
[2] 
Industrial uses.
[3] 
Junkyards.
[4] 
Mineral extraction including oil and gas wells.
[5] 
Mineral processing.
[6] 
Agricultural products processing.
[7] 
Solid waste facilities and staging areas.
[8] 
Warehouses and trucking terminals.
[9] 
Concentrated animal feeding operations.
[10] 
Transmission pipelines and hazardous liquid pipelines.
[11] 
Pipeline compressor stations, metering stations or operation/maintenance facilities.
[12] 
Any nonresidential use involving the initial or cumulative disturbance of 87,120 or more square feet of soil surface areas.
[13] 
Any nonresidential use involving the initial or cumulative construction, installation and/or placement of 43,560 square feet or more of buildings, structures or other impervious surface areas.
[14] 
Any drive-in use.
(c) 
The requirements of this § 500-78B may be applied to any other proposed conditional use or special exception, which for reasons of location, design, existing traffic or other community or environmental considerations, as determined by the Borough, warrants the application of the study requirements in order to determine what conditions should be required to mitigate any adverse effects of the proposed use. The Borough Council, Planning Commission, or Zoning Hearing Board may waive certain components of the TIS should such components be deemed unnecessary for certain uses.
(3) 
Professional requirements. The TIS shall be prepared by a registered professional engineer or transportation planner with verifiable experience in preparing such studies.
(4) 
Study methodology.
(a) 
State roads. In cases where PennDOT requires a TIS for access to a state road, a separate TIS shall not be required by the Borough. If PennDOT does not require a TIS and the traffic from the proposed use meets or exceeds the peak hour or daily thresholds, a TIS using PennDOT methodology shall be required.
(b) 
Borough streets. If a TIS is required for access to a Borough street, the TIS shall be prepared in accord with PennDOT methodology.
(5) 
Recommended improvements. If the analysis indicates a decrease in level of service for any movements will occur on study area streets, a description of proposed improvements to remedy deficiencies shall be included within the TIS. The following information shall be provided.
(a) 
Proposed recommended improvements. This section shall describe the location, nature, and extent of proposed improvements to assure sufficient street capacity.
(b) 
Volume/capacity analysis at critical points. An iteration of the volume/capacity analysis shall be described which demonstrates results of making the improvements.
(c) 
Level of service at critical points. As a result of the revised volume/capacity analysis presented in § 500-78B(5)(b), levels of service for the street system with the improvements shall be presented.
All commercial, residential, and other uses shall provide adequate waste containers to store waste until disposal and to prevent litter.
A. 
Screening. All trash dumpsters shall be screened as needed to screen the dumpster from view from public streets or dwellings on abutting lots. A solid wooden fence, brick wall, evergreen plants or structure designed to be architecturally compatible with the principal building shall be used for such screening.
B. 
Setbacks. Any solid waste container with a capacity of five cubic yards or more shall be kept a minimum of 15 feet from any property line and any street right-of-way.
C. 
Food sales. Any use that involves the sale of ready-to-eat food for consumption outside of a building shall provide at least one outdoor solid waste receptacle for customer use at a convenient location outside of the main exit door of the property. The operator of such use shall be responsible for regular emptying and maintenance of such receptacle.
D. 
Enclosed containers. Solid waste receptacles stored outdoors shall be adequately enclosed and covered to control the attraction of rodent and insects.
The Zoning Officer, Planning Commission, Borough Council or the Zoning Hearing Board, as the case may be, shall require documentation from the applicant demonstrating that the project complies with all other applicable local, state and federal regulations, and said proposal has obtained all required permits, certifications and authorizations, including but not limited to the PA Department of Transportation, the PA Department of Environmental Protection, the PA Department of Labor and Industry, the Federal Emergency Management Agency, the U.S. Environmental Protection Agency and the Delaware River Basin Commission.