A. 
Landscaping specifications. Landscaping shall be provided in accordance with the following specifications: A landscaping plan, with detailed drawings, must be submitted with a required subdivision or land development or in the case where subdivision and/or land development approval are not required prior to building permit application. The landscaping plan must contain and show the following information:
(1) 
All required buffer areas with proposed plantings (identifying each proposed tree, bush, or shrub) drawn to scale and identifying the size of plantings.
(2) 
All required plantings (identifying each tree, bush, shrub, the use of sod or seeding, etc.) drawn to scale and identifying the size of plantings.
(3) 
Any existing trees or vegetation which are to be preserved, accurately identifying their relative location.
(4) 
Any existing trees or vegetation which will be removed, accurately identifying their relative location.
(5) 
All areas of a lot that are not covered by building or impervious material shall be maintained as landscaped or natural areas.
B. 
Buffer yards.
(1) 
Applicants shall demonstrate through the submission of a landscape plan that sufficient landscaping and buffering is provided to minimize impact to adjacent land uses. When required, a minimum of two deciduous trees and three evergreen trees shall be required for every 100 feet of property line where buffering is required. In addition, five shrubs shall be provided for every 100 feet of property line where buffering is required. Buffer yards are required to be a minimum of 10 feet in width. The Borough encourages flexibility in design and will entertain alternative buffering plans where the applicant demonstrates the buffering plan is equal to or better than the requirements of this chapter and meets the intent of this section. The use of decorative walls, decorative fences, and landscape mounds are allowable in an effort to meet the requirements of this section.
(2) 
Buffer areas required. Buffer areas are required under the following circumstances:
(a) 
Along public roads. A landscape buffer will be required for all new nonresidential developments and which abut a public street. The buffer yard will be provided for the entire length of the public street frontage.
(b) 
Parking lots and loading areas. A landscape buffer will be required around the perimeter of parking lots and loading areas in all districts.
(c) 
Adjacent uses. Buffer yards are intended to minimize impacts of differing land uses on adjacent sites or properties. When new development is proposed, buffer yards will be required along the perimeter of the site. Buffer yards in the C-1 district may be relaxed or eliminated at the discretion of the Borough where the development proposes reuse of existing structures on the site and where such site does not provide adequate area for the addition of a buffer. Table 11 outlines the specific buffer yard widths required depending on adjacent land use types.
Table 11: Buffer Yards
Adjacent Use
Proposed Cluster Development
Single-Family Residential
Multifamily Residential
Multifamily residential
10 ft.
N/A
Commercial
20 ft.
15 ft.
Industrial
20 ft.
15 ft.
Institutional
10 ft.
10 ft.
(d) 
Where the express standards and criteria for a conditional use or use by special exception in Article VII of this chapter specify that a buffer yard is required.
C. 
General provisions.
(1) 
Openings for driveways shall be permitted to cross a required buffer area. Plantings in required buffer areas shall be located so as to not obstruct visibility for traffic entering or leaving the site.
(2) 
Maintenance required. It shall be the responsibility of the owner/applicant to ensure the continued growth of all required landscaping and/or to replace the same in the event of frost, vandalism, disease, or other reasons for the discontinued growth of the required trees, shrubs, and bushes. Replacement shall be no later than the subsequent planting season.
(3) 
Conflict between buffer areas and building setback requirements. When the width of a required buffer area is in conflict with the minimum building setback requirements of this chapter, the greater distance shall apply. The buffer area planting requirement shall be adhered to regardless of the setback requirement.
(4) 
Stormwater management facilities in buffer areas. Stormwater management facilities and structures may be maintained within a buffer area, but the existence of such facilities or structures shall not be a basis for a failure to meet the planting requirements.
D. 
Plant sizes.
(1) 
Deciduous trees. All trees required to be planted shall be a minimum of two inches in diameter at a point one foot above the ground. All required trees shall be a minimum of six feet in height at time of planting measured from the ground adjacent to the planted tree to the top of the tree.
(2) 
Evergreen trees. All evergreen trees required to be planted shall be a minimum of six feet in height at the time of planting measured from the ground adjacent to the planted tree to the top of the tree.
(3) 
Shrubs. All shrubs required to be planted shall be a minimum of 24 inches in height at planting.
A. 
Lighting for all uses in the Borough shall meet the following requirements in addition to any requirements set forth in the Glen Osborne Borough Subdivision and Land Development Ordinance.[1]
[1]
Editor's Note: See Ch. 121 of this Code.
B. 
Nonresidential use lighting standards.
(1) 
All exterior parking lots, driveways, vehicular access aisles, pedestrian access areas, sidewalks, pathways, and loading spaces shall be sufficiently illuminated so as to provide safe movements on site.
(2) 
Illumination shall be by sharp cut-off fixtures with flush-mounted lens cap, with the following exceptions.
(a) 
Decorative street-lighting along streets (not including parking lot areas) are exempt from this requirement. However, streetlight poles for decorative street-lighting shall not exceed 24 feet in height, measured from finished grade to the top of the fixture.
(b) 
Decorative lighting along pedestrian walkways in front of buildings and in pedestrian plazas is exempt from this requirement. However, light poles for the decorative lighting shall not exceed 15 feet in height, measured from finished grade to the top of the fixture.
(3) 
Fixtures (including those mounted on a building or other structure) shall be mounted parallel to the ground surface, with the following exceptions.
(a) 
Decorative street-lighting along streets, decorative lighting along pedestrian walkways in front of buildings, and decorative lighting in pedestrian plazas are exempt from this requirement.
(b) 
Lighting for the purpose of highlighting a structure or landscape feature shall be exempt from this requirement.
(4) 
Pole height shall be a maximum of 24 feet.
(5) 
Illumination shall not exceed one footcandle at all property boundaries. The one footcandle illumination shall be measured horizontally on the ground surface and vertically at a five-foot height at the property lines.
(6) 
All site lighting including architectural, landscape, and canopy lighting shall be from a concealed source that is not visible from the property boundaries or public street right-of-way. Lighting associated with a freestanding or building canopy shall be recessed into the canopy.
C. 
Residential use lighting standards.
(1) 
For all residential uses that require parking lots that contain more than 10 parking spaces, the proposed use shall comply with the requirements of the nonresidential use lighting standards above.
(2) 
All other proposed lighting in residential districts shall be oriented so as not to interfere with adjacent properties. Decorative streetlights constructed in conjunction with a proposed residential development shall be designed to minimize impact to existing developments or properties.
A. 
Flood plains. All development and use of land and structures in floodplain districts shall comply with the most recently adopted flood plain management ordinance of the Borough, as may be amended from time to time, and with applicable state regulations, specifically Chapter 105, Title 25 of the Pennsylvania Code.
B. 
For complete guidelines for steep slopes, see Article VIII, Steep Slopes Regulations.
C. 
Ponds, watercourses, or wetlands. No development, filling, grading, piping, or diverting shall be permitted except for required roads and utility line extensions, unless authorized and permitted by the appropriate state, county, or other regulatory agency.
D. 
Stormwater drainage and management. All plans shall comply with the provisions of state and local regulations in effect at the time of final plan approval by Borough Council.
E. 
Soil erosion and sedimentation. With any earth disturbance, there shall be control of erosion and the protection of streams and ponds from sedimentation in accordance with the Clean Streams Law P.L. 1987,[1] Chapter 102 of Title 25 of the Pennsylvania Code, and the "Soil Erosion and Sedimentation Control Manual" of the PA DEP. In addition, an Erosion and Sedimentation Control Plan (E&S Plan) shall be required as part of the application for any Borough permit where earth disturbance or excavation will occur. As a minimum, where sediment can be transported away from the disturbed area, a silt fence or straw bale barrier shall be erected and maintained in working order until vegetation is fully established or erosion resistant ground cover has been installed. Additional sediment pollution control measures may be required where land development is more extensive and/or if a land development requires an NPDES permit.
[1]
Editor's Note: See 35 P.S. § 691.1 et seq.
A. 
Noise. The ambient noise level of any operation, other than those exempted below, shall not exceed the decibel levels as prescribed herein. The sound pressure level or ambient level is the all-encompassing noise associated with a given environment, being a composite of sounds from any source, near and far. For the purpose of this chapter, ambient noise level is the average decibel level recorded during observations taken in accordance with industry standards for measurement and taken at any time when the alleged offensive noise is audible, including intermittent, but recurring, noise.
(1) 
No operation or activity shall cause or create noise in excess of the sound levels prescribed below:
(a) 
Residential districts. At no point beyond the boundary of any lot within these districts shall the exterior noise level resulting from any use or activity located on such lot exceed a maximum of 60 to 65 dBA.
(b) 
Commercial district. At no point on or beyond the boundary of any lot within this district shall the exterior noise level resulting from any use or activity located on such lot exceed a maximum of 70 to 80 dBA.
(c) 
Where two or more zoning districts in which different noise levels are prescribed share a common boundary, the most restrictive noise level standards shall govern.
(2) 
The following uses or activities shall be exempted from the noise regulations:
(a) 
Customary and usual farming activities in all zoning classifications.
(b) 
Noises emanating from construction or maintenance activities between 7:00 a.m. and 7:00 p.m., Monday through Saturday.
(c) 
Noises caused by safety signals, warning devices, and other emergency-related activities or uses.
(d) 
Noises emanating from public recreational uses between 7:00 a.m. and 10:00 p.m.
(e) 
Normal utility and public works activities between the hours of 7:00 a.m. and 9:00 p.m., and emergency operations at any time.
(f) 
Band concerts, block parties, church carnivals, festivals, or other performances or similar activities whether publicly or privately sponsored so long as the activities occur between 8:00 a.m. and 10:00 p.m.
(g) 
Sounds made by back up beepers for delivery trucks or similar vehicles operating continuously for three minutes or less.
(3) 
In addition to the above regulations, all uses and activities within the Borough shall conform to all applicable county, state, and federal regulations. Whenever the regulations contained herein are at variance with any other lawfully adopted rules or requirements, the more restrictive shall govern.
(4) 
Noise shall be measured at the property line from which the sound or noise is originated.
B. 
Vibrations. Except for vibrations emanating from construction or maintenance activities between 7:00 a.m. and 9:00 p.m., vibrations detectable without instruments on neighboring property in any district shall be prohibited. The prohibition on vibrations shall also be subject to any other separate ordinance adopted by the Borough.
C. 
Glare. There shall be no direct or sky-reflected glare, whether from floodlights or from high-temperature processes (for example, combustion or welding), so as to be visible from within any district.
D. 
Fire hazards. Any activity involving the use or storage of flammable or explosive materials shall be protected by adequate fire-fighting and fire-suppression equipment and by such safety devices as are normally used in the handling of any such material.
E. 
Radioactivity or electrical disturbance. No activity shall emit dangerous radioactivity or electrical disturbance adversely affecting the operation of any equipment other than that of the creator of such disturbance.
F. 
Odors. No malodorous gas or matter shall be permitted which is discernible on any adjoining lot or property.
G. 
Discharge. No discharge at any point into any private sewage disposal system or stream or into the ground, of any materials in such a way or in such nature or temperature as can contaminate any water supply or otherwise cause the emission of dangerous or objectionable elements or the accumulation of solid wastes conducive to the breeding of rodents or insects is permitted.
H. 
Heat, cold, dampness, or movement of air. No activities producing heat, cold, dampness, or movement of air are permitted which shall produce any material effect on the temperature, motion, or humidity of the atmosphere at and/or beyond the lot line.
I. 
Air pollution. No pollution by air, fly ash, dust, vapors, or other substance shall be permitted which is harmful to the health, animals, vegetation, or other property, or which can cause excessive soiling. Ultimately, air pollution may be acceptable provided that the it complies with all regulations or requirements of the DEP, EPA, and all other regulatory agencies.
J. 
Determination of compliance with performance standards. During the review of an application for zoning approval, the applicant may be required to submit data and evidence documenting that the proposed activity, facility, or use will comply with the provisions of this section. In reviewing such documentation, the Borough may seek the assistance of any public agency having jurisdiction or interest in the particular issues and the Borough may seek advice from a qualified technical expert. All costs of the expert's review and report shall be paid by the applicant. A negative report by the technical expert and the applicant's refusal or inability to make alterations to ensure compliance with this section shall be a basis for denying approval of the application.
A. 
Except for retail/wholesale landscape centers, building supply, wholesale — building material, garden supply store, hardware/lumber/construction material, auto dealers and similar businesses which require outside storage of materials, the storage and display of materials outside a completely enclosed structure shall not be permitted. In the case of said businesses, outside display and storage areas shall be completely enclosed by a security fence and shall be screened by fence or hedge which is at least six feet in height and is 100% opaque unless otherwise defined by this chapter.
B. 
In the commercial district, any material or equipment stored outside an enclosed building, except for the purposes identified above, shall be incidental to the principal use of the lot and shall be stored to the rear of the building or an alternative location which screens the storage area from public view from the street. Buffering as identified in the buffer yard requirements of Article VI of this chapter, may be required to screen material or equipment stored outside.
C. 
All organic rubbish and discarded materials shall be contained in tight, vermin-proof dumpsters which shall be screened from public view by an opaque fence, masonry wall or dense, compact evergreen hedge which is at least six feet in height. Containers shall not be permitted in the front yard.
D. 
No lot or premises shall be used as a garbage dump or a dead animal rendering plant. No manure, rubbish, or miscellaneous refuse may be stored in the open within any zoning district where the same may be construed as a menace to public health or safety. No exceptions shall be made except by official government action.
All electrical, telephone, cable television, and other communication system service laterals on a lot or site shall be installed underground for new developments.
The exterior finish of the building, whether finished face brick, wood veneer, siding or any other finished facing materials shall come down the building to within six inches of finished grade. Plain masonry block or poured concrete shall not be considered a finished product; nor shall either of these construction surfaces be considered as a finished product if painted, unless specified as a specific architectural exterior treatment by a design professional.
Mechanical equipment designed to be located on the roof of a structure/building must be screened with typical building materials. The screen must be designed to complement building designed and conceal this equipment from neighboring property owners and the public on adjacent roadways.
A. 
Permit required. An occupancy permit is required for any temporary use of land and/or a structure.
(1) 
Authorized temporary uses, residential districts.
(a) 
Model home in a plan of homes used temporarily as a sales office which shall terminate upon the sale or rental of the last unit.
(b) 
Rental or sales office in a multifamily residential complex.
(c) 
Outdoor fair, exhibit, show, or other special event that is sponsored by a nonprofit organization.
(d) 
Neighborhood pop-up events.
(e) 
Private garage/yard sales.
(f) 
Other temporary uses, as approved by the Planning Commission.
(2) 
Authorized temporary uses, all other zoning districts.
(a) 
Christmas tree sales.
(b) 
Sale of seasonal produce.
(c) 
Flea market.
(d) 
Outdoor fairs, exhibits.
(e) 
Temporary sales events.
(f) 
Rental or sales office in a development complex.
(g) 
Other temporary uses, as approved by the Planning Commission.
B. 
Conditions of approval for temporary uses.
(1) 
A temporary structure may be permitted for a period of one day to 45 days. An extension of time may be requested by the landowner in writing, provided the purpose for which the temporary structure has been permitted is being pursued, then an extension of time may be requested and may be granted by the Borough Council. In no case shall more than two forty-five-day extensions be permitted.
(2) 
All temporary uses and/or structures shall be removed within 10 days of the expiration of the specific period for which the structure or use is approved.
(3) 
Temporary uses or structure which are authorized for a particular event shall be removed within 48 hours after the completion of the event.
(4) 
The area proposed for temporary uses and/or structures shall provide off-street parking as required by Article X of this chapter.
(5) 
All temporary structures shall comply with the requirements of the specific zoning district for accessory structures and with the Borough Fire Code.
(6) 
Adequate traffic and pedestrian access and off-street parking areas must be provided to the extent possible.
(7) 
Any licenses and permits required to sell products or food or approvals from other governmental agencies shall be submitted prior to the issuance of the occupancy permit.
(8) 
The local Police Department and the local Volunteer Fire Company shall be notified in writing of the temporary use.
(9) 
If the applicant does not own the land on which the temporary use is to be located, a letter of agreement and/or permission between the applicant and the landowner shall be submitted.
(10) 
The applicant shall be responsible for conducting the temporary use or activity in a safe manner within the conditions set forth by the Borough. This includes, but is not limited to, provisions for security, trash pickup, and daily maintenance of the grounds.
(11) 
The Zoning Officer may refer any application for a temporary use to Planning Commission for review and recommendation prior to issuance of the occupancy permit.
(12) 
The provisions of this section in no way shall be deemed to authorize the outdoor display or sale of automobiles, trailer or equipment rentals, used furniture, appliances, plumbing or building materials, or similar display or sale in any district except as specifically authorized by this chapter.
C. 
Temporary construction structures. Temporary structures and trailers used in conjunction with construction work may not be moved onto a site until the building permit has been issued and must be removed within 30 days after the completion of construction. Permits for such temporary structures shall not exceed one year but up to three annual renewals of the permit may be obtained. Temporary trailers or offices shall not be utilized for dwelling use.
Open burning shall comply with the open-burning regulations as outlined in the Borough's Fire Code, as may be amended from time to time.
Essential services, as defined in this chapter, shall be permitted in all zoning districts, subject to the restrictions approved by the Planning Commission with respect to use, design, yard area, setbacks, and height.
For the purposes of measuring lot area on exceptionally deep lots, only that part of the depth which is less than six times the average width of the lot may be utilized in calculations.
The following architectural features may project into the required yards as established herein:
A. 
Steps or stoops not exceeding 24 square feet in area.
B. 
Eaves, cornices, sills, and belt courses not exceeding 24 inches.
C. 
Open fire escapes not exceeding 54 inches.
D. 
Chimneys and ventilation pipes not exceeding 36 inches.
A. 
Fences and walls accessory to residential use. The following fences and walls may be erected as an accessory structure to a residential use:
(1) 
Front yards.
(a) 
Split rail, chain link, and any other fence with 25% or less of the surface area being opaque, not exceeding four feet in height.
(b) 
Masonry wall or fence with 50% or more of the surface area being opaque, not exceeding three feet in height.
(c) 
The finished side of a fence should face the adjacent property.
(2) 
Side and rear yards.
(a) 
Masonry or concrete wall, not exceeding three feet in height.
(b) 
Any other type of fence, not exceeding six feet in height.
(c) 
Security fence for a swimming pool, not exceeding eight feet in height.
[1] 
Barbed wire fences shall not be permitted in conjunction with a residential use.
(d) 
The finished side of a fence should face the adjacent property.
B. 
Fences and walls accessory to a nonresidential use. The following fences and walls may be erected as an accessory structure to a nonresidential use in any yard:
(1) 
Masonry or concrete wall, not exceeding three feet in height.
(2) 
Fences with 50% or less of the surface area being opaque, not exceeding eight feet in height.
(3) 
Fences with more than 50% of the surface area being opaque, not exceeding six feet in height.
C. 
General requirements for fences and walls.
(1) 
No fence in any district shall be erected in such a manner so as to obstruct visibility as a street or driveway intersection, in accordance with this chapter.
(2) 
No fence or wall shall be erected in any public right-of-way.
(3) 
Fences for public or private sport courts and similar outdoor recreational facilities may, be erected up to 10 feet in height, if constructed of a chain-link material.
(4) 
A retaining wall of any height may be erected along any property line or in any required yard where it is needed to prevent a landslide or other hazardous condition. The location and placement of retaining walls shall meet the requirements of the Subdivision and Land Development Ordinance[1] of the Borough. Wall in excess of six feet in height shall have a safety feature place along the top of the wall such as a fence or railing erected along in all areas that exceed six feet.
[1]
Editor's Note: See Ch. 121 of this Code.
(5) 
Fences located along a property boundary shall be located up to/along the property line.
(6) 
The owner of any fence or wall shall be responsible for maintaining it in good repair. If a fence or wall is not being properly maintained, the Zoning Officer shall give written notice to the owner to repair or remove the fence or wall within the time period stipulated by the notice. Failure to comply with the order shall be considered a violation of this chapter.
(7) 
Any erosion or sedimentation control barrier installed at the request of the DEP shall be removed within three months following authorization by the DEP or an authorized agent of the DEP to do so.
A. 
Swimming pools. Swimming pools shall be permitted in all zoning districts subject to the following requirements:
(1) 
In residential areas, pools and accessory decks attached to a pool shall be erected only in a rear yard, provided that they go up to any lot line.
(2) 
In-ground pools, in all zoning districts shall be enclosed by a fence, constituting a barrier to small children, at least four feet in height and equipped with a gate and a lock. Fencing for a pool shall comply with the requirements of this chapter.
(3) 
Above-ground pools in all zoning districts having vertical walls over four feet above ground level and removable steps are not required to be fenced, provided the owner shall remove said steps when the pool is not in use to prevent access by small children. All other above-ground swimming pools shall be fenced in accordance with the requirements of Subsection B of this section.
B. 
Private swimming pools shall be located in rear yards, properly fenced, and protected with a self-latching gate to avoid becoming an attractive nuisance.
No building in the rear of a main building on the same lot may be used for living purposes in a residential district.
Measurement of height shall be the vertical height from the average elevation of finished grade at the front of the structure to:
A. 
The highest point of coping for flat roof structures.
B. 
The deck line of the roof for mansard roof structures.
C. 
The average height of the roof for gable or hipped roof.
D. 
A habitable attic shall be counted as a story.
Figure 3: Measuring Building Heights
The height limitations of this chapter shall not apply to flag poles, church spires, belfries, domes, or similar architectural projections not used for human occupancy nor to chimneys, ventilation shafts, skylights, water tanks, public utility facilities, bulkheads, silos, ham radio antenna, or other necessary mechanical and operational apparatus usually carried above the roof level.
Individual lots or subdivided parcels that are 1.5 acres or more in size shall have no building or buildings in addition to the main building accommodating the principal use, on the same lot used for living purposes, except as a temporary single-family residential use for a fixed period of time as specified by Borough Council.
Commercial equipment, including trucks in excess of one ton capacity, tandems, tractor-trailers, tractors, commercial trailers, or other vehicles bearing commercial advertisement or construction or cargo-moving vehicles or equipment shall not, under any conditions, be stored outside an enclosed building or garage or be parked overnight on any lot in a district where residential uses are permitted. This regulation shall not apply to any commercial vehicles parked temporarily in residential areas for the purpose of loading, unloading, or rendering service to any residential property.
Recreational vehicles, as defined in Article II, may be parked on the private property of the owner of such vehicle only under the following conditions:
A. 
A recreational vehicle may be parked on a paved off-street parking area for a continuous period not exceeding 72 hours.
B. 
A recreational vehicle must be parked on the owner's property behind the building line.
C. 
A recreational vehicle must be parked in such a manner as to not restrict visibility of traffic from any adjacent public street.
D. 
A recreational vehicle's wheels must at all times be blocked or otherwise rendered immobile so as to prevent any movement of the vehicle while it is in a stopped position.
E. 
Any recreational vehicle stored for periods exceeding 72 continuous hours shall be parked in a garage at the rear or side of the property behind the building line.
F. 
Recreational vehicle parking is limited by the following regulations:
(1) 
Under no circumstances shall any recreational vehicle be parked on any public street in violation of existing federal, state, or local laws.
(2) 
No recreational vehicle shall be used for purposes of habitation while parked or stored on an owner's property within the Borough.
(3) 
Not more than one recreational vehicle may be parked or stored on a private lot in the Borough unless that vehicle is parked in a garage.
The keeping of chickens is permitted in the Borough per a separate ordinance. See Borough Ord. No. 411 for the guidelines for the keeping of chickens.[1]
[1]
Editor's Note: See Ch. 48, Animals, Art. I, Barnyard Animals.
A. 
Subject to the standards in this section, it shall be a lawful to maintain an apiary as an accessory use by permit in any residential zoning district. Bees on any existing farms or hobby farms are exempt, regardless of the zoning district in which it is located.
B. 
Any person wishing to engage in this accessory use by permit shall submit an application for zoning/accessory use permit to the Zoning Officer for review and approval, with the fee for the same to be established by resolution for the Borough Council. Approval shall be subject to the following standards:
(1) 
For 4,000 square feet of any parcel, up to two hives are allowed; Each additional 2,000 square feet of any parcel is permitted two additional hives. A maximum number of six hives may kept per property.
(2) 
Apiaries shall be maintained in the backyard of the property and prohibited from being located in the front or side yard of any property. Any hives shall be set back a minimum of 15 feet from any lot line. Beekeeping facilities shall not be within 50 feet of a swimming pool or permanently kenneled animal.
(3) 
Flyway barriers shall be required if a beekeeper is unable to direct bee flight pathways above six feet across the beekeeper's property. Flyway barriers shall be six feet in height and within five feet distance from the hive. No flyway barriers are required for hives on porches or balconies at least 10 feet above grade.
(4) 
Bees shall be kept for personal use only. The selling of bees or bee products for commercial purposes is prohibited.
(5) 
No bees shall be kept in townhouse communities, apartment communities, or mobile home parks.
A. 
Cluster lot development shall be permitted only within the boundaries of the Natural Resource Protection Overlay (NRPO).
(1) 
No portion of any cluster lot development shall be outside the boundary of the NRPO.
(2) 
If a lot is situated in such a manner that only a portion of that lot is within the NRPO only that portion located within the NRPO may utilize cluster lot development as described in this section.
(3) 
In no case may a lot contain more units than is prescribed by the base 's maximum density regulations.
B. 
Cluster lot development is voluntary and not required. However, if a developer and/or landowner does not wish to utilize the cluster development regulations the net density for a development contained within the boundaries of the NRPO shall be calculated by multiplying the buildable area, as defined by the NRPO Worksheet in § 155-506 of this chapter, by the permitted density stated within the applicable base zoning district regulations.
C. 
Bulk requirements.
(1) 
Cluster lot developments shall utilize the development standards in the Table 12 below as to net density, minimum lot area, minimum lot frontage and minimum setbacks.
Table 12: Cluster Development Standards
Proposed Cluster Development
R1
R2
R3
Gross density
1.2
2.2
SFR - 5.8
2 Fam - 4.4
Twnhs - 7.9
MF - 7.9
Net density
1.7
3
7.9
Min. lot area
26,000
14,500
5,500
Min. lot frontage
75
75
SFR - 60
2 Fam - 65
Twnhs - 25
MF - 80
Setbacks (F/S/R)
40/15/40
20/10/20
20/5/15
(2) 
Flag lots shall be permitted where necessary to provide ingress/egress access within a cluster development.
(a) 
No more than two flag lots shall be permitted per land development.
(b) 
A flag lot shall meet minimum lot frontage requirements no further than 100 feet from the roadway in which it gains its access. The pole portion of a flag lot shall not be less than 50 feet in width in order to provide adequate spacing for driveways.
(c) 
The front setback requirement for flag lots shall be measured at the point where the lot meets the minimum lot frontage requirement.
(3) 
Cul-de-sacs shall be permitted to access cluster developments within the NRPO boundaries. Roadways ending in a cul-de-sac shall be no longer than 400 feet in length.
(4) 
The balance of the land not utilized for residential lots shall be reserved as common open space. Ownership of the common open space shall be determined prior to final application approval.
D. 
NRPO regulations can be found in Article V of this chapter.
A. 
Where permitted, all home based no impact businesses shall comply with the following standards of operation:
(1) 
The business activity shall be compatible with the residential use of the property and surrounding residential uses.
(2) 
The business shall employ no employees other than family members residing in the dwelling.
(3) 
There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.
(4) 
There shall be no outside appearance of a business use, including, but not limited to, parking, signs or lights.
(5) 
The business activity may not use any equipment or process which creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood.
(6) 
The business activity may not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use in the neighborhood.
(7) 
The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.
(8) 
The business may not involve any illegal activity.
(9) 
There shall be no additional parking generated on Borough streets or the storage of additional vehicles on Borough streets or on private property.
B. 
Where permitted, all home occupations shall comply with the following standards of operation:
(1) 
The occupation, profession or limited commercial activity shall be conducted wholly within the principal building or accessory building thereto.
(2) 
No more than two persons who are not members of the family shall be employed.
(3) 
No stock in trade shall be stored inside the building or on the exterior of the lot.
(4) 
No exterior signage shall be stored inside the building or on the exterior of the lot.
(5) 
Offensive noise, vibration, smoke, dust, odors, heat, glare or electrical disturbance shall not be generated by the home occupation.
(6) 
Off-street parking shall be provided for employee vehicles and visitors in addition to the minimum required for the residential dwelling.
(7) 
No home occupation shall utilize in excess of 20% of the gross floor area of the dwelling unit.
(8) 
A home occupation shall include but not be limited to the following: day-care home, dressmaking, hairdressing and nail shop, teaching or tutoring, office of a physician, dentist, optometrist, lawyer, engineer, architect, accountant, real estate agent or insurance agent.