Article VI Performance Standards

The applicant shall determine the presence of environmental or natural features and shall meet all standards for environmental protection.

The applicant shall submit a site plan which illustrates all natural resources on the site and the proposed use of all areas of the site; all encroachments and disturbances necessary to establish the proposed use of the site, the building envelope (which shall not include required setbacks, buffer yards, or natural resources with 100% protection), the first floor elevations, and any required deed restrictions.

Site alterations, regrading, filling, or clearing of any natural resources are prohibited prior to the issuance of zoning and building permits or approval of plans for development.

In the event that two or more resources overlap, the resource with the greatest protection standard and the least amount of permitted alteration, regrading, clearing, or building shall apply to the area of overlap.

The provisions of this section shall not apply to the natural maintenance of a yard which may be required by other Borough ordinances.

(6)

This section shall not prohibit land management practices necessary for the ecological improvement of any stream, pond, lake, wetland, or forest, provided all applicable permits have been obtained from the Pennsylvania Department of Environmental Protection, similar federal or state commissions, agencies, or authorities, or under the provisions of Chapter 203, Floodplain Management, or Chapter 366, Stormwater Management, Part 1.

Requirements for all uses.

Steep slopes:

In areas of steep slopes the following standards shall apply:

8% to 15%: no more than 50% of the area shall be developed, regraded, or stripped of vegetation.

15% to 25%: no more than 40% of the area shall be developed, regraded, or stripped of vegetation.

[3]

25% or more: no more than 25% of the area shall be developed, regraded or stripped of vegetation.

During construction or soil disturbance, the applicant shall provide soil erosion control and shall ensure that the final grade shall not increase erosion or water runoff on adjacent properties.

Wooded areas. No more than 40% of any wooded areas may be cleared or developed, unless the Borough of Langhorne Shade Tree Commission recommends, and Borough Council approves, a lesser percentage for a particular lot. The remaining 60% shall be maintained as permanent open space.

Individual trees.

No live tree of girth greater than 10 inches measured at a point four feet above grade shall be removed in connection with a land development or building permit without the recommendation of the Borough of Langhorne Shade Tree Commission and the approval of Borough Council. Approval will only be granted where the tree removal will not adversely affect the character of the lot or the area, nor exceed the standards for steep slopes or wooded areas.

For all healthy trees of a girth greater than 10 inches as measured at a point four feet above grade, the following standards shall apply: no greater than 1/3 of the roots may be disturbed by the removal of topsoil or paving provided that a similar amount of the canopy has been removed by a trained arborist and any filling within 35 feet of the trunk shall require a tree well and/or aeration channels, in accordance with the standards of the American Association of Nurserymen, Inc.

The Tree Protection Zone is defined as an area radial to the trunk of a tree in which no construction activity shall occur. The tree protection zone shall be 15 feet from the trunk of the tree to be retained, or the distance from the trunk to the drip line, whichever is greater. Where there is a group of trees or wooded area, the tree protection zone shall be the aggregate of the protection zones for individual trees.

Stormwater. All applicants shall comply with the provisions of Chapter 366, Stormwater Management, Part 1.

Soil erosion and sedimentation. All applicants shall protect streams, lakes, and ponds from sedimentation damage and shall control erosion in accordance with the Clean Streams Law, P.L. 1987, Chapter 102.[1] All applicants shall submit a soil erosion and sedimentation control plan as required by Chapter 390, Subdivision and Land Development, even where there are less than 25 acres in extent.

Editor's Note: See 25 Pa. Code Chapter 102.

§ 450-602 Site capacity calculation.

Each site is unique; it has physical features which are rarely duplicated precisely on another site. Portions of some sites may not be usable and a minimum amount of buildable land should be retained for open space. The purpose of this section is to determine the appropriate intensity of use to which a specific tract may be put. Simple applications may be exempted from providing these calculations by Borough Council, provided the applicant maps the features identified in § 450-601B on the land development plan.

Step I. Determine base site area. Certain portions of gross site area may not be usable for the activities proposed. These shall be subtracted from the gross site area to determine base site area.

Determine site area by actual on-site survey (acres).

Subtract the following:

Land within existing roads and their future rights-of-way and utility rights-of-way (acres).

Land without development opportunities due to restrictions such as restrictive covenants and conservation easements (acres).

[3]

Land which is not contiguous (acres).

Subtract subtotal (acres).

Equals base site area (acres).

Step II. Determine natural resources area to be protected. Each site has unique natural features. Applications for plan approval shall include maps showing the locations of the resources together with the calculations on the following chart. In the event two or more resources overlap, only the resource with the highest open space ratio shall be used.

Resource	A.	B.	C.
Resource	Open Space Ratio	Acres of Land in Resource	Acres of Resource Protection Land (A x B = C)
Floodplains	1.00
Alluvial soil	1.00
Wetlands	1.00
Wetland margins	0.80
Steep slopes: (more than 25%)	0.50
(15% to 25%)	0.60
(8% to 15%)	0.75
Wooded area	0.60
Tree protection zone	1.00
Total land with resource restrictions	Ac.
Total resource protection land	Ac.

Step III. Determine open space protection.

While some of the open space required by a zoning district may be resource protection land, the intent of this chapter is to provide at least 10% of the site for usable recreational areas or open space. A minimum amount of land not restricted by Steps I or II is to be provided for this purpose. Therefore:

Take	Base site area	Ac.
Subtract	Total land with total resource restrictions	Ac.
Equals	Total unrestricted land	Ac.
Multiply	Total unrestricted land by	0.10
Equals	Total recreation land	Ac.

The requirement for open space protection may be waived by the Borough Council when the land available is not suitable for recreation or open space purposes, where it is not in the public interest to accept such dedication, or where such land is not appropriate for such purposes.

§ 450-603 Table of performance standards.

Step IV: Determination of site capacity. The site capacity for each site shall be determined by the following calculations:

	Take	Resource protection land	Ac.
	Add	Open space protection	Ac.
	Equals	Total open space	Ac.
Also,	Take	Base site area	Ac.
	Multiply by	Open space ratio (see Table 450-603)	Ac.
	Equals	Minimum req'd open space	Ac.
Also,	Take	Base site area	Ac.
	Subtract	Total open space or minimum req'd open space (whichever is greater)	Ac.
	Equals	Net buildable site area	Ac.
	Multiply by	Net density (See Table 450-603)	Ac.
	Equals	Maximum number of dwelling units permitted	DU

[Amended 1-13-1999 by Ord. No. 99-2; 10-9-2024 by Ord. No. 2024-01A]

The standards in this table shall apply to each district. All standards must be met. These standards may be less strict than other performance standards in this article; the strictest standard shall always govern. The minimum site area column refers to the number of acres which an applicant must own to be able to qualify for this use. The minimum lot area column, on the other hand, refers to the minimum lot size for each building.

Table 450-603 Table of Performance Standards and Dimensional Requirements
District	§	Land Use	Maximum Density DU/AC Gross¹	Net	Minimum Lot Size² or Site Area	Minimum Lot Width¹(ft)	Minimum Open Space Ratio	Maximum Imper. Surface Ratio	Minimum Yards		Rear	Maximum Height (feet)
District	§	Land Use	Maximum Density DU/AC Gross¹	Net	Minimum Lot Size² or Site Area	Minimum Lot Width¹(ft)	Minimum Open Space Ratio	Maximum Imper. Surface Ratio	Front³	Side⁴ (feet)	Rear	Maximum Height (feet)
R-1	§ 450-405B(1)	B1 single-family detached	2.5	—	15,000 square feet	100	0.20	—	30	15	25	35
	§ 450-405B(6)	B6 residential conversion	—	—	15,000 square feet	100	0.20	—	30	15	25	35
		Other permitted uses	—	—	20,000 square feet	100	0.10	—	30	15	30	35
R-2	§ 450-405B(1)	B1 single-family detached	3.5	—	10,000 square feet	100	0.10	—	20	10	25	35
	§ 450-405B(2) and (12)	B2 duplex dwelling⁵ B12 twins⁵	5.0	—	12,000 square feet	120	0.10	—	20	10	25	35
	§ 450-405B(3)	B3 single-family cluster	5.0	6.25	5 ac	—	0.30	0.30	See § 450-405B(3)			35
	§ 450-405B(4)	B4 performance standard development	5.0	6.67	5 ac	—	0.30	0.35	See Appendix B[1]		35
	§ 450-405B(6)	B6 residential conversion	—	—	10,000	100	—	—	20	10	25	35
		Other permitted uses	—	—	10,000	100	0.10	0.35	20	20	25	35
	§ 450-405B(10)	B10 preservation development	2.5	4.6	1.75 Ac.	24	0.30	0.30	30	15	30	35
PS	§ 450-405B	B residential uses	Same as R-2 District
		Other permitted uses	—	—	20,000 square feet	100	0.10	0.30	20	20	25	35
C	§ 450-405B	B residential uses	Same as R-2 District
		Other permitted uses	—	—	4,000 square feet	—	0.20	0.50	—			35
C-1		Any permitted use	—	—	4,000 square feet	—	0.10	0.70	20	20	20	35
LI		Any permitted use	—	—	40,000 square feet	100	0.20	0.40	100	20	50	35
	§ 450-405B(10)	B10 preservation development	2.5	4.6	1.75 AC.	24	0.30	0.30	30	15	30	35
RC		Any permitted use	—	—	2.0 ac	200	0.30	0.40	40	20	25	35
OR		Any permitted use	—	—	20,000 square feet	—	0.80	—	100	20	20	25

Notes:
1	Gross density represents the maximum density that the property owner can expect after deducting land for existing and future rights-of-way, stormwater easements and other usable land. It is provided as a guide analysis and not to be applied as a minimum requirement for development.
2	For exceptions, see § 450-503.
3	For exceptions see §§ 450-510 and 450-511.
4	For exceptions see §§ 450-513 and 450-514.
5	Minimum lot size for duplex and twin dwellings is 12,000 square feet with 100 feet of frontage for an unsubdivided duplex or twin or half these requirements for subdivided duplex or twin lots.
6	For the area and dimensional requirements for uses permitted in the TND-1 Overlay District, see Appendix F.[2]

Editor's Note: Appendix B is included as an attachment to this chapter.

§ 450-604 Traffic and utility capacity determinants.

Editor's Note: Appendix F is included as an attachment to this chapter.

The applicant shall submit an analysis of the impact the proposed development will have on the road and utility systems of the Borough. The analysis shall address the following:

Traffic generation, including an analysis of the capacity of streets based on standards established by the Pennsylvania Department of Transportation.

Access to and distance from arterial or major collector roads for multifamily developments.

Proposed on- and off-site road improvements.

Access to mass transportation.

Internal collector system.

Provisions for fire protection and sewer and water availability including available capacity.

Indication of projected destinations of trips and total trip generation. Projections shall be based on the current edition of the Institute of Traffic Engineer's Trip Generation Manual or the rates set forth in § 450-1208, the higher of which shall be used.

§ 450-605 General open space.

Developments and other land uses with open space requirements shall meet the open space standards of this chapter. The plan shall contain the material required to establish the method by which open space shall be perpetuated and maintained. The plan and other materials shall be construed as a contract between the landowner(s) and the Borough, and shall be noted on all deeds.

§ 450-606 Layout of open space.

Open space shall be laid out utilizing the best principles of site design. Open space shall be as close to the residences as possible with green ways leading to recreation spaces. Major recreation and open space areas shall be located to serve all residents. Open space is most needed in areas of high density.

§ 450-607 Open space designation.

All land held for open space shall be so designated on the plans. The plans shall contain the following statement: "Open space land shall not be separately sold nor shall such land be further developed or subdivided." The plans shall further designate the use of open space, the type of maintenance to be provided, and a planting plan or schedule. In designating use and maintenance, the following classes may be used:

Lawn. A grass area with or without trees which may be used by the residents for a variety of purposes and which shall be mowed regularly to insure a neat and tidy appearance.

Natural area. An area of natural vegetation, undisturbed during construction or replanted, which may contain pathways. Meadows shall be maintained and not left to become weed-infested. Maintenance may be minimal, but shall prevent the proliferation of weeds and undesirable plants such as honeysuckle and poison ivy. Litter, dead trees, and brush may be removed and streams shall be kept in free-flowing condition.

Recreation area. An area designated for a specific recreation use, including, but not limited to, tennis, swimming, shuffle board, play field, and tot lot. The area shall be maintained so as to avoid creating a hazard or nuisance and to perpetuate the proposed use.

§ 450-608 Ownership and preservation of open space.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

The following methods may be used to preserve, own, or maintain open space and the following specific requirements are associated with each of the various methods.

Condominium. The open space may be controlled through the use of condominium agreements. The agreements shall be in conformance with the Uniform Condominium Act, 68 Pa.C.S.A. § 3101 et seq., as amended. All open space land shall be held as "common element." The land shall not be eligible for sale to another party except for transfer to another permitted method of ownership/preservation and then only where there is no change in the open space ratio.

Homeowners' association. The open space may be held in common ownership by a homeowners' association. This method shall be subject to all of the provisions for homeowners associations set forth in Article VII of the Municipalities Planning Code.

Fee-simple dedication. The Borough may, but shall not be required to, accept any portion(s) of the open space, provided: such land is freely accessible to the public; there is no cost involved; and the Borough agrees to and has access to maintain the lands.

Dedication of development rights. The Borough or county may, but shall not be required to, accept title to development rights or easements to any portion(s) of the open space. In such cases, the land remains in the ownership of the individual, condominium, or homeowners' association while the development rights are held in public ownership. The county shall accept ownership only in accordance with the provisions of Act 442[1] and county plans. There shall be no cost to the county or Borough for acquisition or maintenance. The Borough may require this method where it deems this the most appropriate way of maintaining land in open space, particularly in single-family cluster developments.

Editor's Note: See the Preserving Land for Open Air Spaces Act, 32 P.S. § 5001 et seq.

Fee simple. The lot owner may, as a deed restriction in perpetuity, set aside land and it shall be the lot owner's responsibility to maintain the open space.

§ 450-609 Noise.

[Amended 12-14-2011 by Ord. No. 2011-03; 10-9-2024 by Ord. No. 2024-01A]

General requirements.

Purpose. To protect the residents of the Borough from noise disturbances. Although it is recognized that certain amounts of noise are unavoidable, residents are entitled to be protected from unnecessary disturbance, annoyance, or injury from sound.

Noise disturbance. It shall be prima facie, unlawful for a person, firm or corporation to create, cause or permit any noise which is:

Plainly audible at a distance of 50 feet or greater from the source of the sound;

At such a level as to interfere with the peaceful enjoyment of neighbors at a distance of 50 feet from the property line;

At such a level as to be audible from the interior of adjacent occupied (residential or business) structures;

At such a pitch, duration, intensity or reverberation to cause harm, annoyance or inconvenience to persons of ordinary sensibilities; or

At such a level to constitute a nuisance or disturbance by persons of ordinary sensibilities.

General prohibitions. No person, having possession, custody or control of any method or manner of emitting or creating noise, shall knowingly or negligently create or permit noise to occur at such a level as to constitute a nuisance, interference, or harm beyond the property line; while on any public property, public right-of-way, street, alley, curb, or sidewalk in the Borough; upon the floors or stairways of any building or place frequented by the public or used in common by the tenants; upon the outside walls, walkways, driveways, alleys, curbs or stairways of any building abutting a public street or park; upon the grounds of any public park, playground, recreation area, or public area; or upon any private ground, at any level, without the consent or permission of the property owner or legal occupant.

Impulsive sounds. No sound shall be permitted for a duration of more that five seconds or more than two incidents within a twenty-four-hour period which can be heard in the interior of adjacent buildings.

Specific prohibitions concerning creating, permitting or causing noise on any private structure, land, sidewalk, parking area or driveway within the Borough. The following acts, and the causes thereof, are declared to be in violation of this section:

Operating, playing, or permitting the operation or playing of any device, instrument or machine capable of emitting sound between the hours of 10:00 p.m. and 10:00 a.m. in such a manner as to create a noise disturbance.

Owning, possessing, or harboring any animal which frequently or for any continued duration howls, barks, or makes any other sound so as to create a noise disturbance.

Performing any construction operation or operating or permitting the operation of any tools or equipment used in construction, drilling, or demolition work between the hours of 7:00 p.m. and 7:00 a.m. if such operation creates a noise disturbance.

Repairing, rebuilding, modifying, testing, or operating a motor vehicle, motorcycle, powered vehicle, or recreational vehicle in such a manner as to create a noise disturbance. This section shall not apply to the operation of any vehicle, with customary and usual equipment, in a normal manner.

Operating or permitting the operation of any mechanically powered saw, drill, sander, grinder, lawn or garden tool, snow blower, or similar device between the hours of 9:00 p.m. and 8:00 a.m. if such operation creates a noise disturbance.

(f)

Operating or permitting the operation of mechanically powered equipment or trucks used in waste management or disposal and trash collection or disposal between the hours of 10:00 p.m. and 6:00 a.m.

(g)

Causing or permitting any noise emitting from a motor vehicle in such a manner as to be plainly audible at a distance of 50 feet or greater from the motor vehicle.

(6)

Specific provisions concerning creating, permitting or causing noise on any public property, facility, structure, sidewalk, road, street, alley, parking lot or driveway within the Borough. The following acts, and the causes thereof, are declared to be in violation of this section:

Operating, occupying or being in possession of a motor vehicle on any sidewalk, road, street, alley, parking lot or driveway within the Borough and using, permitting or causing any device, instrument or machine, any human or any animal to emit sound from the motor vehicle in such a manner and of such intensity and duration to create a noise disturbance.

Causing or permitting any noise emitting from a motor vehicle to be plainly audible at a distance of 50 feet or greater from the motor vehicle. The lawful use of a motor vehicle horn shall not be a violation of this section.

Causing, permitting or being in possession or control of an animal, while on any property, facility, structure, sidewalk, road, street, alley, parking lot or driveway, sidewalk, road, street, alley, parking lot or driveway within the Borough, any device, instrument, machine, person, or animal to produce sound or noise in such a manner and to be of such intensity and duration to create a noise disturbance.

Being in possession or control of an animal, which creates any noise, plainly audible at a distance of 50 feet or greater from that person, at such a pitch, duration, intensity, or reverberation to create a noise disturbance.

(7)

Exceptions:

The emission of sound while alerting the public to the existence of an emergency, performing emergency public work, warning others of a hazardous road, vehicle or safety condition, performing street, streetlight, utility pole, water and sewer or other utility work, or performing Borough service operations or activities are exempt from these provisions.

The emission of sound while performing emergency home and building repairs or operating or permitting the operation of any tools or equipment used in emergency heating, plumbing, structural, fire, or demolition work after the hours of 7:00 p.m. and before 7:00 a.m. if such operation cannot be delayed until permissible hours and such operation is necessary to ensure human safety, preserve structural integrity, or prevent environmental contamination or harm.

The emission of sound while participating in a parade, community event, community function, community activity or organized sports event and emitted as a result of normal and expected activity at such a time; provided said activity has received the required permits and approvals.

Borough Council may grant approval for one-time activities which would violate these provisions, but which will not cause serious harm to the health of residents or unduly disturb the public.

Pursuant to § 450-1102, the Zoning Hearing Board may grant a variance for permitted activities or uses of a property that violate this section and cannot be reasonably brought into compliance with the requirements of this section.

(8)

Violations:

No noise disturbance shall be created or allowed to continue by any person, persons, sponsor of an event or activity, firm, partnership, corporation or business. Any person or entity having possession, custody, or control of the source of noise emitting in violation of this section shall be required to immediately bring noise levels under control and into compliance with this section.

§ 450-611 Dust, fumes, vapors and gases.

Any person or entity violating any provision of this section shall, upon judgment or conviction, be sentenced to pay a fine of not more than $600, or to imprisonment for a term not to exceed 30 days. Each instance of violation shall be considered a separate violation.

dBa rating limit.

Zoning District	From 7 AM to 10 PM	From 10 PM to 7 AM
R-1, R-2, C, C-1, H, RC & TND-1	60	50
PS, LI & OR	75	65

§ 450-610 Smoke.

No smoke shall be emitted from any chimney or other source of visible gray opacity greater than No. 1 on the Ringlemann Smoke Chart as published by the U.S. Bureau of Mines, except that smoke of a shade not darker than No. 2 on the Ringlemann Chart may be emitted for not more than four minutes in any 30-minute period. These provisions shall also apply to visible smoke of any other color with an equivalent appearance capacity.

There shall be no emission of dust, dirt, fly, ash, fumes, vapors, or gases which can cause any damage to human health, to animals, or vegetation, or to other forms of property, or which can cause any soiling or staining of persons or property at any point beyond the lot line of the use creating the emission.

There shall be no production or transference of nuclear, electromagnetic, ionized or non-iodized radiation, radioactive or contaminated fumes, materials, gases, vapors, by-products, waves, or transmissions into or through the atmosphere to any extent which can cause any soiling or staining of persons or property at any point beyond the lot line of the use creating the emission.

There shall be no emission of liquid or solid particles from any chimney or other source which exceeds 0.3 grains per cubic foot of the covering gas at any point beyond the lot line of the use creating the emission. For measurement of the amount of particles in gases resulting from combustion, standard correction shall be applied to a stack temperature of 500° F. and 50% excess air in stack at full load.

§ 450-612 Pollution.

[Amended 1-14-2002 by Ord. No. 2002-05A; 11-12-2003 by Ord. No. 2003-05; 1-8-2025 by Ord. No. 2025-01]

No use or activity shall emit, cause to be emitted, or permit to escape into the air, soil, or water any contaminant which violates Borough, state or federal laws and regulations.

Incinerators. No person or entity shall permit or cause the discharge of particular matter into the atmosphere from incinerators in excess of 0.1 grain per cubic foot of gas at standard conditions corrected to 12% CO₂, except as designated under specific contaminants. Paper and plastic shall not be burned or incinerated together. All incinerators shall be subjected to periodic inspections by the Zoning Officer.

Specific contaminants. Standards for specific contaminants shall be as follows:

Fugitive contaminants: as required by Sections 123.1 and 123.2, Chapter 123, Article III, Subpart C, Part 1, Title 25, of the Rules and Regulations of the Pennsylvania Department of Environmental Protection, or its successor, as revised January 27, 1972, or as may be revised in the future.

Particulate-matter emissions. As required by Sections 123.11, 123.12 and 123.13, Chapter 123, Article III, Subpart C, Part 1, Title 25, as revised 1-27-1972 or later amended and the rules and regulations of the Department of Environmental Protection or its successor.

Sulfur-compound emissions. As required by Sections 123.11, 123.12 and 123.13, Chapter 123, Article III, Subpart C, Part 1, Title 25, of the Rules and Regulations of the Pennsylvania Department of Environmental Protection, or its successor, as revised January 27, 1972, or as may be revised in the future.[1]

Editor's Note: See 25 Pa. Code §§ 123.21 through 123.25.

Toxic or noxious matter. The Ambient Air Quality Standards for Pennsylvania[2] shall regulate the release of airborne toxic materials across lot lines. Where toxic materials are not listed in the Ambient Air Quality Standards, the release of the materials shall be in accordance with the fractional quantity permitted below, of those toxic materials currently listed in the Threshold Limit Values adopted by the American Conference of Governmental Industrial Hygienists. Unless otherwise stated, the measurement of toxic matter shall be at ground level or habitable elevation as shall be the average of any sampling period of 24 hours.

Editor's Note: See 25 Pa. Code Ch. 131.

All owners, tenants and occupants of businesses, buildings, maintained land or vacant land, on which public sidewalks are located or on which sidewalks adjacent to a public right-of-way are located shall keep said sidewalks free of obstruction. All such persons, firms, associations or corporations shall have said sidewalks clean within 24 hours after snow has stopped falling.

It shall be unlawful to plow or to use heavy equipment to move snow or ice into or upon any road, street, alley, or highway within the Borough, with the intent of allowing such snow or ice to remain on said right-of-ways or by the failure to remove such snow or ice which is moved into or upon said right-of-ways.

The Borough of Langhorne Code Enforcement Officer and all member of the Borough of Langhorne Police Department shall be authorized to enforce the terms of these provisions.

Any person, owner, association, business or corporation who violates Subsection D of § 450-612 shall, upon conviction, be sentenced to pay a fine of $30. Any person, owner, association, business or corporation who violates Subsection E of § 450-612 shall, upon conviction, be sentenced to pay a fine of $100. Each daily occurrence of an offense under § 450-612 shall be considered a new offense, and fineable as such.

§ 450-613 Heat.

No use shall produce heat perceptible beyond its lot lines.

§ 450-614 Odor.

No use shall emit odorous gases or other odorous matter in such quantities as to be offensive at any point beyond its lot lines. The guide for determining quantities of offensive odors shall be the 50% response level of Table I (Odor Thresholds in Air), "Research on Chemical Odors: Part I - Odor Thresholds for 53 Commercial Chemicals," October, 1968, Manufacturing Chemists Association, Inc., Washington, D.C., as amended.

§ 450-615 Glare.

No use shall produce a strong light or a reflection of a strong light greater than 35 footcandles beyond its lot lines. Permanent lights and lighted signs shall not be placed in any location which may cause them to shine, reflect or cast light onto adjacent residential uses. Driveways, roads and parking spaces shall be located in such places and in such a manner so as to reduce or eliminate light emanating from motor vehicles from shining or reflecting onto adjacent residential areas.

§ 450-616 Vibrations.

No use shall cause earth vibrations or concussions detectable beyond its lot lines without the aid of instruments, with the exception of that vibration produced as a result of temporary construction activity occurring on that lot.

§ 450-617 Buffer yards.

Buffer yards are required for nonresidential, multifamily, single family cluster development, and performance standard development uses which abut single family detached dwellings and where specified in § 450-405. These uses shall not be expanded nor established unless the following requirements are met:

Buffer yards shall be measured from the lot line, district boundary line, or the street line where it serves as the district boundary line or lot line.

Unless a greater requirement is specified, buffer yards shall be at least 30 feet. Buffer yards shall not be considered part of open space requirements.

The buffer yard may be coterminous with required front, sides or rear yards. In case of conflict, the larger yard requirements shall apply.

The exterior fifteen-foot width of all buffer yards shall be of planted material. Any portion of this exterior fifteen-foot width not used for screen planting shall be planted with grass seed, sod or ground cover and shall be maintained and kept clean of all debris, rubbish, weeds, and tall grass.

No structure, parking, building, or storage of materials shall be permitted in the buffer yard.

All buffer yards shall include a dense screen planting of trees, shrubs, or other plant materials, or both, to the full length of the lot line to serve as a barrier to visibility, airborne particles, glare, and noise. Screen plantings shall meet the following requirements:

Plant materials used in the screen planting shall be at least four feet in height when planted and be of such species as will produce, within two years a complete visual screen of at least eight feet in height.

The screen planting shall be permanently maintained and any plant material which does not live shall be replaced within one year.

The screen planting shall be so placed that at maturity it will not be closer than three feet from any street or property line.

In accordance with the provision of § 450-506, a clear-sight triangle shall be maintained at all street intersections and at all points where private access ways intersect public streets.

§ 450-619 Invasive and noxious plants restricted; owner and occupant responsibilities.

The dense screen planting portion of the buffer yard shall be mulched to control weed and erosion and shall be maintained and kept clean of debris, rubbish, weeds, and other growth.

No vehicle access shall be permitted through buffer yards.

Prior to the issuance of any zoning permit, complete plans, showing the arrangement of all buffer yards, the placement, species, and size of plant materials, and the placement, size, materials, and type of all fences to be placed in the buffer yard, shall be submitted to and approved by the Zoning Officer.

Special setback criteria for properties abutting the Historic District: A buffer yard measuring 30 feet wide shall separate modern housing types and styles from historic housing types and styles.

§ 450-618 Storage and waste disposal.

[Amended 1-14-2002 by Ord. No. 2002-05A; 11-12-2003 by Ord. No. 2003-05; 1-8-2025 by Ord. No. 2025-01]

No highly flammable or explosive liquids, solids, or gases shall be stored in bulk above ground, except tanks or drums of fuel directly connecting with energy devices, heating, or appliances located or operated on the same lot as the tanks or drums of fuel. All aboveground tanks shall be located in the rear yard adjacent to the building and shall not exceed 275 gallons.

All outdoor storage facilities for fuel, raw materials, and products, and all fuel, raw materials, and products stored outdoors, shall be enclosed by a safety fence.

No materials or wastes shall be deposited upon a lot in such form or manner 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 a 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.

All material or wastes which might cause fumes or dust, 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 rigid containers adequate to eliminate such hazards. These containers shall be properly screened and blocked from view from public thoroughfares.

There shall be no discharge into any public or private sewage disposal system, watercourse, wetland, or pond or onto the ground of any liquid or solid materials except in accordance with state and federal law.

There shall be no use, activity or failure to act which might permit or cause snow or ice to accumulate, scatter, dump or move, or permit to be accumulated, scattered, dumped or moved onto or upon any street, curb or sidewalk, by any person, business, firm, association, corporation or organization.

[Added 5-8-2019 by Ord. No. 2019-02]

Preexisting invasive and noxious plants. The following shall apply to all plants named in the noxious and invasive plants list, planted and existing prior to the effective date of this section ("preexisting plants"):

Each owner and occupant shall be responsible to ensure that any preexisting plants growing on the property do not encroach or grow upon any adjoining or neighboring property, including public property and rights-of-way, after the effective date of this section. Owners and occupants shall be required to take measures to prevent such invasion or encroachment.

Property lines. Preexisting plants shall not be maintained or otherwise be permitted to exist within 10 feet of either: a) the property lines as set forth in the property deed; or b) the legal right-of-way, whichever is greater. Any owner or occupant whose property contains preexisting plants shall remove and abate their growth.

Whether growing in a container or within a barrier, all preexisting plants shall be located, trimmed, and maintained so that no part of the plant (including stalks, branches, leaves, and/or roots) shall extend nearer than 10 feet to any property line.

Plantings after the effective date of this section. The following shall apply to all plants named in the invasive and noxious plants list, planted after the effective date of this section:

The planting of noxious or invasive plants in the ground shall be prohibited within the Borough.

Each owner and occupant shall be responsible to ensure that any noxious or invasive plants growing in a container do not spread outside of such container, are not located nearer than 10 feet of a property line, and do not encroach or grow upon any adjoining or neighboring property, including public property and rights-of-way. Owners and occupants shall be required to take measures to prevent such invasion or encroachment.

Property lines. Noxious and invasive plants shall not be planted, maintained, or otherwise permitted to exist in the ground on any property located in the Borough.

Any person who plants or grows, or causes to be grown, noxious or invasive plants within the Borough shall be deemed to be in violation of this section and shall be subject to the penalties set forth herein.

Each owner and occupant shall be responsible for the cost of removal and/or abatement of noxious or invasive plants that encroach upon an adjoining property in violation of this section.

(6)

Each owner and occupant shall be responsible for the cost of removal and/or abatement of noxious or invasive plants that are planted or permitted to grow on their property in violation of this section.

(7)

For purposes of this section, noxious and invasive plants found growing upon a property shall constitute presumptive evidence that they were planted and/or grown by and/or with the consent of each owner and occupant, except where a property owner or occupant:

Has provided satisfactory proof to the Borough that, within a reasonable time after discovering the encroachment of noxious or invasive plants onto the property from an adjoining or neighboring property, the owner or occupant advised all other owners or occupants of such property of his or her objection to the encroachment of the noxious or invasive plants; and

Initiated steps for the removal of the noxious or invasive plants from the property.

Notices of violation and noxious and invasive plant removal.

In the event there are noxious or invasive plants growing or remaining upon a property in violation of the provisions of this section, the Borough shall, prior to taking any enforcement action, notify the owner and the occupant in writing of the existence of such violation and that the owner and the occupant are responsible for correcting the violation. Notice of violation shall be served by handing it directly to an owner or occupant; by mailing it by certified mail, return receipt requested and by regular mail to the last known address of an owner or occupant; or by posting the notice of violation on the property at a conspicuous location.

Any owner or occupant receiving a notice of violation shall take the following steps to remedy and correct the violation:

Preexisting plants. Any owner or occupant whose property contains noxious or invasive plants planted or grown prior to the effective date of this section which have been permitted to grow in violation of § 450-619A of this chapter, shall: within 30 days of an owner or occupant's receipt of such notice, reduce and maintain the height of any plants in violation of this section to no greater than one foot tall; and, within six months of an owner or occupant's receipt of such notice, remove any plants that are in violation of this section and take all reasonable corrective action to control against its regrowth.

Noxious and invasive plants planted after the effective date of this section. Any owner or occupant whose property contains noxious or invasive plants planted after the effective date of this section in violation of § 450-619B of this chapter shall remove and eradicate such plants in their entirety, including any shoot and root systems, and shall not compost, but shall dispose of said plants within 60 days of an owner or occupant's receipt of such notice.

If an owner or occupant fails to remedy the violation set forth in said notice or fails to come into compliance with this section, then the Borough may issue a non-traffic citation against each owner and occupant.

In addition, if an owner or occupant does not remedy and correct (or make arrangements to remedy or correct) the violations set forth in said notice within the time provided for under this section, the Borough, at its discretion, may: remove plants that are in violation of this section and located upon the owner or occupant's property and/or that have spread to an adjoining property, but shall not be responsible to take any action to control against its regrowth or to restore any real property to its condition prior to such removal and other corrective action.

Any costs incurred by the Borough shall be charged to each owner and occupant, and in the event that the costs remain unpaid more than 30 days after the demand of payment has been made by the Borough, the Borough may lien the property for these costs, plus interest, fees (including attorneys' fees), and expenses, as allowed by law.

(f)

In the event that the Borough is compelled to undertake remediation of any violation, as provided for above, neither the Borough nor its employees, contractors, or agents shall have any liability to any owner or occupant for any damages or other claims arising out of the remediation or removal. In the event such remediation or removal entails or causes damages to the property of any other person or entity other than the owner or occupant, all owners and occupants shall be responsible for such damages.

Violations and penalties.

Any person who violates the provisions of this section shall, upon conviction in a summary proceeding before any court of competent jurisdiction, be punishable by a fine of not more than $300 and costs of prosecution for each and every offense. Each day that such violation is continued shall constitute a new and separate offense, punishable by fine or penalty.

Provided however, that anyone alleged to be violating the provisions of this section may, within five days of the notice of violation and with accepted proof that the property in no longer in violation, pay to the Borough Treasurer the sum of $50 for each notice of violation as a penalty for and in full satisfaction of such violation.