All permitted uses, conditional uses and uses by special exception in all districts shall comply with the requirements of this section. The method of determining compliance at the time of application and continuing compliance by an established use shall be subject to § 180-68J and § 180-68K.
A.
Fire protection. Fire-prevention and fire-fighting
equipment acceptable to the Board of Fire Underwriters shall be readily
available when any activity involving the handling or storage of flammable
or explosive materials is carried on.
B.
Electrical disturbance. No activity shall cause electrical
disturbance adversely affecting radio or other equipment in the vicinity.
C.
Noise. Steady-state noise emanating from stationary equipment or sources which will persist during indefinite or periodic intervals of time for a period of more than seven consecutive days onto adjacent real properties or to a receiving property within any district within the Borough shall not exceed the maximum noise levels prescribed in this § 180-68C.
(1)
No person shall cause or permit steady-state sound to emanate from a source property which exceeds the levels set forth in Subsection C(2) below when measured at the following locations:
(3)
Sound measurements made to determine compliance with the conditions and standards of this § 180-68C shall be made using a sound level meter which conforms to Type 1 or Type 2 as specified in ANSI Specifications S1, 4-1971.
(4)
The following uses or activities shall be exempted
from the noise regulations:
(5)
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.
D.
Vibrations. Vibrations detectable without instruments
on neighboring property in any zoning district shall be prohibited.
E.
Odors. Except for legal farm operations carried on
in any district as a permitted use or a nonconforming use, no use
shall emit odorous gas or other odorous matter in such quantities
as to be offensive at any point on or beyond the lot lines. The guide
for determining such quantities shall be the fifty-percent response
level of Table I (Odor Thresholds in Air), "Research on Chemical Odors:
Part I — Odor Thresholds for 53 Commercial Chemicals," October
1, 1968, Manufacturing Chemists Association, Inc., Washington, D.C.
F.
Smoke, ash, dust, fumes, vapors and gases. There shall
be no emission at any point for longer than five minutes in any hour
of visible gray or other color smoke, ash, dust, fumes, vapors or
gases with a shade darker than No. 3 on the Standard Ringlemann Chart
issued by the U.S. Bureau of Mines, nor shall there be any emission
at any point from any source that can cause damage to health, to animals
or vegetation or other forms of property or which can cause excessive
soiling at any point.
G.
Glare. All lighting devices shall be designed with
shields, reflectors or refractor panels that direct and cut off light
at a cutoff angle that is less than 60°. (See the illustration
of a cutoff angle in Appendix B.[1]) In no case shall there be spillover lighting on any adjacent
residential property in excess of 0.2 footcandle.
[1]
Editor's Note: Appendix B is included at the end of this chapter.
H.
Erosion. No runoff of water or erosion of land by
wind or water shall be permitted onto adjacent properties. Measures
satisfactory to the Borough shall be installed to control runoff and/or
erosion.
I.
Water pollution. Water quality shall be subject to
the standards established by the Pennsylvania Department of Environmental
Protection (PA DEP).
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.
K.
Continuing enforcement.
(1)
The Zoning Officer shall investigate any purported
violation of the performance standards and, subject to the approval
of Borough Council, may employ qualified technical experts to assist
in the determination of a violation. Costs of the services of such
experts shall be paid by the owner or operator of the facility or
use accused of the violation if the facility or use is found to be
in violation. If the facility or use is found to be in compliance
with the performance standards, said costs shall be borne by the Borough.
(2)
If the facility or use is found to be in violation, the owner or operator shall be given written notice of violation in accordance with § 180-109 of this chapter and a reasonable length of time to correct the violation. Failure to correct the violation shall be subject to the penalty provisions of this chapter and shall result in the revocation of the certificate of occupancy for the facility or use.
A.
Buffer areas described. Buffer areas, as defined by this chapter and required by § 180-69B, shall meet all of the following criteria. (See Appendix C[1] for illustrations of buffer areas.)
(1)
Buffer Area A shall contain two rows of plantings.
Each row shall consist of a mixture of thirty-percent deciduous and
seventy-percent evergreen plantings spaced within the row a minimum
of 15 feet apart, measured from the vertical center lines of adjacent
trees. The two rows shall be staggered in a manner which shall result
in adjacent trees on two different rows being no more than 10 feet
apart, measured from the vertical center lines of the trees. The depth
of Buffer Area A shall be 35 feet as measured from the property line.
(2)
Buffer Area B shall contain one row of plantings that
shall consist of a mixture of thirty-percent deciduous and seventy-percent
evergreen spaced within the row a minimum of 10 feet apart, measured
from the vertical center lines of adjacent trees. The depth of Buffer
Area B shall be 25 feet as measured from the property line.
(3)
Buffer Area C shall be comprised of a continuous,
compact evergreen hedge or line of evergreen trees that will grow
together when mature and that are a minimum of six feet in height
at the time of planting. The depth of Buffer Area C shall be 15 feet
as measured from the property line.
(4)
None of the required plantings shall encroach across
any property line. All plantings shall be located so that, at maturity,
all parts of the tree shall be a minimum of 2 1/2 feet from any
public street right-of-way or any property line that constitutes the
exterior boundary of the buffer area.
(5)
In the event that existing vegetation and/or existing
topography provides screening that is adequate to meet the intent
of the required buffer area to screen the buildings, activities and
parking areas from adjoining residential properties, Borough Council,
upon recommendation by the Planning Commission, may determine that
the existing topography and/or vegetation constitutes all or part
of the required buffer area. If such a determination is made, the
applicant may be required to record a conservation easement of the
depth specified by Borough Council to guarantee that the existing
topography and/or vegetation will not be disturbed or removed from
the approved buffer area.
(6)
When there are substantial differences in elevation
between the first-floor elevation of the proposed construction and
the elevation of the property line along which the buffer area is
required, the buffer area may be relocated to the top of the slope
or the toe of the slope, whichever provides the more effective visual
screen.
(7)
In the event that a public street right-of-way, dedicated
and accepted by the Borough, separates the two dissimilar uses specified,
the buffer area shall not be required.
(8)
In the case of a lot that is deeper than 400 feet,
the requirement to provide the buffer area along the entire perimeter
of the lot may be waived by Borough Council, provided the required
buffer area is installed along the side property lines and across
the rear yard for a distance sufficient to screen the buildings and
parking areas from adjacent properties.
(9)
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 and shall be subject to the clear sight triangle requirements of § 180-70D of this chapter.
(10)
No structures or uses shall be permitted in
the required buffer area, other than fences, active or passive recreation
facilities and stormwater management facilities, provided the structures
or uses do not interfere with the required plantings in the buffer
area and provided all plantings are located outside any stormwater
management structure. Structures or uses not permitted within the
required buffer area include, but are not limited to, buildings, accessory
structures, parking spaces, access drives and lighting devices.
(11)
When common open space is provided on a development
site, the required buffer area shall be located within the common
open space and shall not be located on any individual residential
lot.
[1]
Editor's Note: Appendix C is included at the end of this chapter.
B.
Buffer areas required. Buffer Areas A, B and C listed in § 180-69A above shall be required under the following circumstances:
(1)
Buffer Area A. Buffer Area A shall be required:
(a)
Along all property lines where any development
in the I-1 District adjoins property in an R-A, R-1, R-2 or R-3 District.
(b)
Where the express standards and criteria for a conditional use or use by special exception in § 180-66 of this chapter specify that Buffer Area A is required.
(c)
Along all property lines where a planned residential
development (PRD) adjoins property in an R-A, R-1, R-2 or R-3 District.
(d)
Along all property lines where multifamily dwellings
adjoin property in an R-A, R-1, R-2 or R-3 District.
(2)
Buffer Area B. Buffer Area B shall be required:
(a)
Along all property lines where any development
in the C-1 District adjoins property in an R-A, R-1, R-2 or R-3 District.
(b)
Along all property lines where the expansion
of a legal nonconforming use in any C-1, I-1 or R-A, R-1, R-2 or R-3
District adjoins property in an R-A, R-1, R-2 or R-3 District.
(3)
Buffer area C. Buffer Area C shall be required:
(a)
Where the express standards and criteria for a conditional use or use by special exception in § 180-66 of this chapter specify that Buffer Area C is required.
(b)
On developed nonresidential properties in the
C-1 District where existing conditions such as building location and
existing paving of the parking lot make it impossible to meet the
requirements for Buffer Area B along a property line that adjoins
property in the R-A, R-1, R-2 or R-3 District.
(c)
On developed nonresidential properties in the
I-1 District where existing conditions such as building location and
existing paving of the parking lot make it impossible to meet the
requirements for Buffer Area A along a property line that adjoins
property in the R-A, R-1, R-2 or R-3 District.
D.
Existing structures in buffer areas. In instances where an existing structure is located within any required buffer area, the buffer area may be reduced, provided the buffer area is not less than the minimum distance between the existing structure and the property line. This reduced buffer area width shall apply only to the side of the existing structure that encroaches on the required buffer area. The required buffer area, as determined by § 180-69B, shall apply on all other sides of the existing structure.
E.
Existing trees in buffer areas.
(1)
Where trees already exist within the required buffer
area, these trees shall remain undisturbed, except that diseased or
dead material may be removed. If it is determined that some healthy
trees must be removed in conjunction with development, a written request
to remove such trees must be submitted to the Borough, along with
an explanation detailing the rationale for the request. These trees
shall not be removed until the Borough has given written authorization
permitting said removal. This permission will not be unreasonably
denied; however, those who violate this section shall be subject
to the maximum penalties authorized by this chapter.
(2)
When any trees, regardless of their physical condition,
are removed, they shall be replaced by trees suitable to the environment.
(See Appendix D for a suggested list of plant materials.[2]) All such replacement planting shall be in accordance
with accepted conservation practices.
[2]
Editor's Note: Appendix D is included at the end of this chapter.
F.
Size of trees in required buffer areas.
(1)
Any existing trees within the required buffer area that are a minimum of four inches in diameter at a point one foot above the ground shall be preserved and shall count as a required tree within the buffer area. At no point, however, shall any existing trees and required trees be separated at a distance greater than the distance specified in the description of the required buffer area in § 180-69A.
(2)
All trees required to be planted within the buffer
area shall be a minimum of two inches in diameter at a point one foot
above the ground measured along the trunk of the planted tree, which
tree shall be planted in accordance with accepted conservation practices.
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.
G.
Responsibility for maintenance. It shall be the responsibility of the landowner or lessee to assure 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. The landowner shall record a restrictive covenant on the land guaranteeing perpetual maintenance and preservation of the required buffer area. Upon inspection by the Borough and issuance of an enforcement notice in accordance with § 180-109B of this chapter, the landowner or lessee shall replace required landscaping materials with like type and size if the required plant materials do not survive for any reason at any time after occupancy of the property.
H.
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.
I.
Landscaping of open areas. All yard areas not utilized
for parking facilities, driveways, gardens, the planting of trees
or shrubs, flower, vegetable or herb beds or similar uses shall be
seeded, sodded or landscaped within a reasonable period of time. The
phrase "a reasonable period of time" shall be interpreted to be within
two weeks after construction activities are completed, unless those
activities are completed between a November 1 through April 1 time
period. In such case, the required sodding or seeding shall occur
by May 1. Erosion and sedimentation controls acceptable to the Borough
Engineer shall be installed during the winter months and until such
landscaping is completed.
J.
Additional landscaping specifications. Landscaping
shall be provided in accordance with the following specifications:
(1)
Planting required in buffer areas as outlined in § 180-69B shall not be substituted for any required planting mandated in this section.
(2)
Plant materials shall be selected from the List of
Suggested Plant Materials in Appendix D or equivalent materials.[3]
[3]
Editor's Note: Appendix D is included at the end of this chapter.
(3)
The landscaping plan required by Chapter 163, Subdivision and Land Development, shall contain the following information to demonstrate compliance with this § 180-69:
(a)
All required buffer areas with proposed plantings
(identifying each proposed tree, bush or shrub) drawn to scale and
identifying the height and width of any proposed mounds.
(b)
All required planting independent of any buffer
area requirements (identifying each tree, bush, shrub, the use of
sod or seeding, etc.) drawn to scale.
(d)
Any existing trees or vegetation that are to
be preserved, accurately identifying their relative location.
(e)
Any existing trees or vegetation that will be
removed, accurately identifying their relative location.
(5)
Required deciduous trees in nonresidential development.
(a)
In any nonresidential development, deciduous
trees shall be planted in accordance with the following schedule.
These trees shall be in addition to the trees provided in any required
buffer area or parking area.
|
Building Footprint
(square feet)
|
Requirement
| |
|---|---|---|
|
1,000 to 30,000
|
1 tree for each 1,000 square feet of building
footprint
| |
|
30,001 to 75,000
|
A minimum of 30 trees, plus 1 tree for each
3,000 square feet of building footprint in excess of 30,000 square
feet
| |
|
Over 75,000
|
A minimum of 45 trees, plus 1 tree for each
5,000 square feet of building footprint over 75,000 square feet
|
(b)
The required trees shall be planted in clusters
on the site and shall be distributed throughout the site to enhance
the open space on the site. The final location of the plantings shall
be subject to approval by the Borough depending on the size of the
site, the magnitude of the required buffer area and the amount of
paving and building coverage proposed.
(6)
Required deciduous trees in developments with multifamily
dwellings.
(a)
In any development that contains multifamily
dwellings, deciduous trees shall be planted in accordance with the
following schedule. These trees shall be in addition to the trees
provided in any required buffer area or parking area.
|
Number of Multifamily Dwellings
|
Required Trees
| |
|---|---|---|
|
First 25
|
1 tree for each dwelling unit
| |
|
26 to 100
|
25 trees, plus 1 tree for each 2 dwelling units
in excess of 25 dwelling units
| |
|
101 to 200
|
62 trees, plus 1 tree for each 3 dwelling units
in excess of 100 dwelling units
| |
|
201 and over
|
95 trees, plus 1 tree for each 4 dwelling units
in excess of 200 dwelling units
|
(b)
The required trees shall be planted as front
yard trees or may be clustered in groups around the multifamily dwelling
units and shall not be located within any public street right-of-way.
(7)
All trees that are required to be planted as per the regulations of this § 180-69J shall be a minimum of two inches in diameter at a point one foot above the ground at the time of planting measured along the trunk of the planted tree, which tree shall be planted in accordance with accepted conservation practices.
(8)
In conjunction with the development of property for
any use, the applicant shall show that the removal of any trees or
natural vegetation is necessary for the imminent and orderly development
of the property. Imminent development shall mean development that
is reasonably expected to commence, and for which there are realistic
plans to commence, on a minimum eight-hours-per-day, forty-hours-per-week
basis (utilizing a five-day-on, two-day-off, standard workweek basis)
within 30 days of the removal of trees or vegetation and for which
a land development plan and landscaping plan have been submitted and
approved by the Borough.
(9)
Any existing trees that are not disturbed and are
not located within a required buffer area and are a minimum of four
inches in diameter at a point one foot above the ground shall count
toward the required number of trees to be planted outside of the buffer
area.
K.
Posting of bond for landscaping. A maintenance bond
in the form of cash, certified check or letter of credit shall be
posted with the Borough in the amount of 15% of the total cost of
landscaping shown on the approved landscaping plan for a period of
18 months from the date of installation of the landscaping materials.
The maintenance bond shall guarantee replacement of the required landscaping
materials during the term of the bond.
In addition to the yard requirements specified
in each zoning district, the following yard requirements shall apply
in all zoning districts to the applicable circumstances described
below:
A.
Corner lots. Corner lots shall provide front yards
on each street frontage. The remaining two yards shall constitute
side yards.
C.
Accessory structures. In all zoning districts the
following regulations shall apply to accessory structures:
(1)
Private swimming pools and associated decks and patios
accessory to a dwelling.
(a)
Swimming pools accessory to a dwelling shall
be located at least 15 feet from the rear property line. Swimming
pools accessory to a dwelling shall not be permitted in the minimum
required front yard or in the minimum required side yard.
(b)
All swimming pools shall be enclosed by a continuous
fence or wall not less than four feet in height with a self-closing,
self-latching gate designed to prevent access to the pool when it
is not in use. The dwelling may be part of the enclosure.
(c)
In the case of an aboveground pool, when any
point on the top circumference of the pool is less than four feet
above the adjacent ground level, the entire pool shall be enclosed
by a continuous fence or wall not less than four feet in height with
a self-closing, self-latching gate. Any aboveground pool that is at
least four feet above the adjacent ground level around the entire
top circumference of the pool shall not be required to be fenced,
provided the pool has a retractable ladder or steps that are kept
retracted when the pool is not in use.
(2)
Private sports courts accessory to a dwelling. Sports
courts accessory to a dwelling shall be located only in a side or
rear yard and shall be no closer to the side or rear property line
than 15 feet. Lighting of the sports court shall not be permitted.
All sports courts shall be enclosed by a fence that is a minimum of
10 feet in height and a maximum of 12 feet in height and that shall
contain openings equal to 50% or more of the surface area of the fence.
The area of the sports court shall not exceed 50% of the total area
of the lot defined by the side lot lines, rear lot line and rear wall
of the dwelling.
(3)
Fences.
[Amended 6-11-2013 by Ord. No. 442]
(a)
No fence in any zoning district shall be constructed in any
public street right-of-way. Fences accessory to a single-family dwelling
shall be constructed so that the finished side faces the adjoining
property.
(b)
Fences accessory to a farm shall be permitted in any required
yard, provided that the maximum height shall not exceed six feet.
A permit shall not be required for farm fences.
(c)
In the R-A, R-1, R-2 and R-3 Districts, a fence may be erected
in the minimum required side or rear yard, provided that the maximum
height of the fence shall not exceed six feet.
(d)
In the R-A, R-1, R-2 and R-3 Districts, a fence may be in the
minimum required front yard, provided that the maximum height of the
fence shall not exceed four feet.
(e)
In the C-1 Commercial District, the maximum height of a fence
shall be eight feet. Solid screening fences shall be provided as required
by this chapter to screen dumpsters, loading berths and outside storage
areas.
(f)
In the I-1 District, the maximum height of a fence or wall shall
be 10 feet. Solid screening fences shall be provided as required by
this chapter to screen dumpsters, loading berths and outside storage
areas.
(4)
Fences and buffer areas. All fences and buffer areas or landscaping material shall be located so as to not obstruct pedestrian access, visibility for traffic on adjacent streets or traffic entering or leaving the property or adjacent properties and shall comply with the clear sight triangle required by § 180-70D.
(5)
Satellite dish antennas. Satellite dish antennas,
for personal use by private citizens, not including communications
antennas, as defined by this chapter, shall be permitted as an accessory
use subject to the following requirements:
(a)
Satellite dish antennas that have a diameter
of one meter or less shall be exempted from these regulations.
(b)
In the case of satellite dish antennas greater
than one meter in diameter, only one satellite dish antenna shall
be permitted on a residential lot. In all zoning districts, satellite
dish antennas shall not be permitted in front yards. In the R-A, R-1,
R-2 or R-3 Districts, the maximum diameter of any satellite dish antenna
installed on any lot or on any roof or above any building shall be
12 feet.
(c)
In zoning districts other than the R-A, R-1,
R-2 or R-3 Districts, any satellite dish antenna greater than one
meter in diameter that is installed on any lot or on any roof or above
any building shall not exceed 20 feet in diameter. In all zoning districts,
the maximum height of any freestanding satellite dish antenna shall
be 25 feet and, in the case of satellite dish antennas mounted on
a roof or above a building, the maximum height shall be no greater
than 25 feet above the highest point on the roof.
(d)
In all zoning districts, no part of any satellite
dish antenna shall be located closer than 10 feet to any property
line.
(6)
Radio or television antennas. A radio or television
antenna for personal use by private citizens shall be permitted as
an accessory use, subject to the following requirements, except as
these provisions may be superseded by any applicable Federal Communications
Commission (FCC) ruling:
(a)
A radio or television antenna structure may
be mounted on a roof or installed in a rear yard only, provided that
no such structure shall be located within 20 feet of any property
line.
(b)
The maximum height for such structure shall
not exceed that otherwise allowed in the zoning district in which
it is located by more than 20 feet. If placed on a roof, any antenna
structure exceeding eight feet in height shall be mounted with guide
wires.
(c)
Any such structure shall comply with applicable
airport zoning and Federal Communications Commission (FCC) regulations.
(d)
Radio or television antenna structures located
on the ground shall be screened from adjacent properties by evergreen
trees or other suitable material, as approved by the Borough.
(7)
Canopies and similar structures. Canopies and similar
permanent freestanding roofed structures without walls shall be permitted
to cover outdoor seasonal display and sales areas or fuel-dispensing
areas accessory to authorized uses in the C-1, Commercial, District,
provided that:
(a)
Such structure shall not be attached to the
principal building;
(b)
Such structure shall be located at least 10
feet from any property line or street right-of-way;
(c)
Such structure shall not be enclosed; and
(d)
Such structure shall be removed immediately,
once the principal use or the use of the accessory structure is discontinued.
(8)
Residential accessory storage structures and detached
garages.
(a)
No detached garage or storage structure accessory
to a dwelling shall be located in the minimum required front yard.
In the R-A District, detached garages and storage structures accessory
to a dwelling shall be located at least 7 1/2 feet from any side
or rear property line. In all other districts, detached garages and
storage structures accessory to a dwelling shall be located at least
10 feet from any side or rear property line if the floor area of the
structure is 500 square feet or less. If the floor area of the structure
is more than 500 square feet, the structure shall be located at least
15 feet from any side or rear yard.
(b)
In the R-1, R-2 and R-3 Districts, the maximum
floor area of any detached garage or residential accessory storage
structure shall be related to the size of the residential lot, in
accordance with the following:
|
Size of Lot
(square feet)
|
Maximum Floor Area of Accessory Structure
(square feet)
| |
|---|---|---|
|
Up to 21,780
|
500
| |
|
21,780 to 43,560
|
1,000
| |
|
Over 43,560
|
1,500
|
(9)
Structures accessory to nonresidential structures
and buildings.
(10)
Distance from principal buildings. All accessory
storage structures and garages shall be located at least 10 feet from
any principal building, except that if a detached garage accessory
to a dwelling is connected to the dwelling by contiguous side walls,
breezeways or similar connections, the distance between the dwelling
and the connected garage may be less than 10 feet.
(11)
Beekeeping. It shall be lawful to maintain an apiary as an accessory
use in any residential district, subject to the standards in this
section.
[Added 1-24-2017 by Ord.
No. 460]
(b)
Hive registration; best management practices.
[1]
All beekeepers owning or maintaining an apiary in the Borough
shall register all bee apiaries with the Pennsylvania Department of
Agriculture as required by the Pennsylvania Bee Law, Title 3 PA Consolidated
Statutes Ann. § 2102, as amended.
[2]
All beekeepers owning or maintaining an apiary in the Borough
shall also register all apiaries with the Borough Zoning Officer.
[3]
All beekeepers owning or maintaining an apiary in the Borough
shall practice those best management practices as set forth by the
Pennsylvania Department of Agriculture.
[4]
It shall be unlawful to maintain or be the owner of an apiary
located in the Borough without first completing the best management
practices form from the Pennsylvania Department of Agriculture. A
signed best management practices form must be filed with the registration
with the Borough. In addition, a certificate of completion from an
introductory Beekeeping 101 course (or equivalent) must be provided
with the registration.
[5]
All beekeepers owning or maintaining an apiary in the Borough
shall promptly notify the Borough Zoning Officer without unnecessary
delay and in no event longer than 48 hours if the Pennsylvania Department
of Agriculture revokes the beekeepers apiary license.
[6]
A hive that is not occupied for a period of one year must be
removed.
(d)
Water. All beekeepers in the Borough shall ensure that a convenient
source of fresh water is available to the bees from March 1 to November
1 so that the bees will not congregate at swimming pools, pet watering
bowls, bird baths or other water sources where they may cause human,
bird or domestic contact.
(e)
Flyway barrier.
[1]
A flyway barrier shall shield any part of a property line that
is within 50 feet of a hive.
[2]
A flyway barrier, at least six feet in height shall be placed
along the side of the hive(s) that contains the entrance to the hive(s),
shall be located within five feet of the hive(s) and shall extend
at least two feet on either side of the hive(s).
[3]
A flyway barrier shall consist of a solid panel, dense vegetation,
or some combination thereof.
[4]
No hive shall be located closer than 10 feet from a public sidewalk.
(f)
Agriculture District.
[1]
If all hives are situated at least 200 feet in any direction
from all property lines of the lot on which the apiary is situated,
or as long as all adjoining property that falls within a 200-foot
radius of any hive is undeveloped property, and if the hives are being
used for crop pollination, and the locations are otherwise compliant
with the applicable commonwealth, federal, and local laws, there will
be no limit on the number of hives on the property.
(12)
Fowls. It shall be lawful to keep up to six fowls as an accessory
use in any residential district, subject to the standards in this
section.
[Added 3-28-2023 by Ord. No. 480]
(a)
Specific standards for fowls.
[1]
No male fowls or roosters over the age of three months are permitted.
[2]
No fowls may run at large within the corporate limits of the Borough.
[3]
All fowls must be contained within the owner's property boundary.
[4]
Any coop or enclosure for the fowls must be a covered, predator-proof
fowl house that is thoroughly ventilated, of sufficient size to admit
free movement of the fowls and kept clean.
[5]
Any coop or enclosure for the fowls must be located a minimum of
10 feet from any side or rear lot line and must be closer to the principal
structure than to any side or rear lot line and cannot be located
in any front yard.
[6]
A coop that is not occupied for a period of one year must be removed.
D.
Visibility at intersections. No object, including,
without limitation, fences, landscaping rocks, hedges, trees and other
plantings, buildings, structures, walls, signs and motor vehicles,
exceeding a height of three feet as measured from the lowest elevation
of the center line of any abutting street, shall be temporarily or
permanently placed, erected, installed or parked within the clear
sight triangle required at the intersection of two streets or the
intersection of a driveway or private lane with a public street. The
required clear sight triangle is illustrated in Appendix A.[1]
[1]
Editor's Note: Appendix A is included at the end of this chapter.
The following shall be permitted to project
into any required yard in any zoning district:
A.
Typical architectural features of the principal structure,
including, but not limited to: Bay windows, window sills, chimneys,
cornices and eaves shall be permitted to project into required yards
no more than 18 inches.
B.
Decks and their stairs, stoops and unenclosed porches
without enclosed habitable foundation or space and without a roof
or walls shall be permitted to project into required front, side and
rear yards no more than three feet. Porches that have a roof or walls
or that are enclosed or have enclosed habitable foundations shall
be subject to the yard requirements for the principal structure.
C.
Steps attached to the principal building and open
fire escapes shall be permitted to project into required yards no
more than three feet.
The height limitations of this chapter shall
not apply to the following structures, provided they do not exceed
the height limitations of the district by more than 15 feet: church
spires, chimneys, elevator bulkheads and other mechanical equipment
that is part of the principal structure, conveyors, flagpoles, silos,
standpipes, elevated water tanks, derricks, public utility structures
and other structures not intended for human habitation. The foregoing
exceptions shall not apply to communications towers, communications
antennas and their facilities.
All businesses that propose drive-through facilities,
as defined by this chapter, as accessory uses or principal uses shall
meet all of the following requirements:
A.
Drive-through facilities proposed on parcels within
a shopping center shall have access only from the interior circulation
system within the planned shopping center site. All other properties
shall have frontage on and direct vehicular access to an arterial
or collector street, as defined by this chapter.
B.
In addition to the parking spaces required for the
principal use, a minimum of five standing spaces, in one lane, with
a total length of 100 feet, in direct line with each service position
shall be provided for vehicles to wait in line. The standing space
shall not interfere with the use of any required parking spaces and
shall not inhibit the free flow of traffic on the property. The standing
spaces shall be designed so that waiting vehicles shall not stand
in any right-of-way or overflow onto adjacent properties, streets
or berms.
C.
Entrances, exits and standing spaces shall be adequately
indicated with pavement markings and/or directional signs.
D.
Parking areas and circulation patterns shall be adequately
striped and marked to facilitate traffic circulation on the property.
[Added 8-25-2020 by Ord.
No. 473]
A.
License(s) and permits required; fees.
(1)
It shall be unlawful to operate a mobile food service vehicle
to sell or offer for sale any food, service, or merchandise at any
location within the Borough unless a mobile food vendor license has
been issued by the Borough of Economy and in compliance with the other
requirements of this section.
(2)
Mobile food vendors must comply with all federal, state and
local licensing, which includes registering for and obtaining a local
business license, up-to-date records on health inspections, as well
as any and all other permitting regulations and all business tax,
sales tax and other tax requirements.
(3)
The Economy Borough Code Enforcement Officer is hereby authorized
to promulgate rules and regulations supplemental to the provisions
herein for the purpose of carrying out the administration and enforcement
of such provisions.
B.
Locations and hours of operation.
(1)
Food trucks.
(a)
Right-of-way/public property. Food trucks may not operate within the public right-of-way or on any Borough property except as may be specifically allowed by the Borough. When allowed in the public right-of-way, a food truck must be positioned so as to comply with the requirements of Chapter 175. Article III (Parking) herein. Operation of food trucks within Borough parks shall be subject to rules and regulations established by Council. Food trucks may not operate on property owned by a public entity other than the Borough unless specifically allowed by such public entity. No unattended food truck shall be left at any time in the right-of-way or parked on any other public property overnight.
(b)
Private property. A food truck with a current mobile food vendor permit may operate on private property if allowed as a permitted use under Chapter 180 (Zoning) of this Code, subject to the following conditions:
[1]
Permission. Food trucks selling to the public from
private property shall have the written permission of the property
owner, which shall be made available to the Borough immediately upon
request.
[2]
Unimproved properties. Regardless of any agreement
with the owner of the property, a food truck may not operate on an
unimproved parcel. For purposes of this section, a parcel is considered
"improved" if it contains a building that may be occupied pursuant
to applicable building codes.
[3]
Maximum number of food trucks. No more than four
food trucks may operate at any location at one time unless authorized
by issuance of a mobile food vendor event permit.
[4]
Placement on lot. Food truck operations, including
any canopies, signage, equipment, and seating areas, may not occupy
more than four parking spaces per food truck. Food trucks not parked
within designated parking spaces shall not block fire lanes, designated
traffic lanes or ingress or egress to or from a building or street.
(c)
Hours of operation. Food trucks may operate beginning at 7:00
a.m. and ending at 9:00 p.m. unless otherwise restricted by the operator's
mobile food vendor permit or by the property owner. The Borough may
permit extended hours of operation. Each food truck requires 16 parking
spaces, which includes up to four spaces for the use of the food truck.
Example: two food trucks requires a parking lot with at least 32 parking
spaces, eight which can be used for the two food trucks, leaving 24
spaces for public parking.
(2)
Canteen trucks.
(a)
Right-of-way/public property. A canteen truck with a current mobile food vendor permit may operate from the right-of-way adjacent to a clearly delineated location to cater to on-site workers. A clearly delineated location is one in which the boundaries are defined by the use of fencing enclosing the location or where the surrounding area is undergoing construction activity. Canteen trucks may not operate within any other public right-of-way or on any Borough property except as may be specifically allowed by the Borough. When allowed in the public right-of-way, a canteen truck must be positioned so as to comply with the requirements of Chapter 175, Article III (Parking) herein. Operation of canteen trucks within Borough parks shall be subject to rules and regulations established by the Council. Canteen trucks may not operate on property owned by a public entity other than the Borough unless specifically allowed by such public entity. No unattended canteen truck shall be left at any time in the right-of-way or parked on any other public property overnight.
(b)
Private property. A canteen truck with a current mobile food vendor permit may operate on private property if allowed as a permitted use under Chapter 180 (Zoning) of this Code, subject to the following conditions:
[1]
Permission. Canteen trucks operating on private
property shall have the written permission of the property owner,
which shall be made available to the Borough immediately upon request.
[2]
Unimproved properties. A canteen truck may operate
on an unimproved parcel only if the parcel or an adjoining parcel
is undergoing construction activity.
[3]
Placement on lot. Canteen trucks shall not block
fire lanes, designated traffic lanes or ingress or egress to or from
a building or street.
(c)
Hours of operation. Canteen trucks may operate beginning at
7:00 a.m. and ending at 7:00 p.m. unless otherwise restricted by the
operator's mobile food vendor permit. A canteen truck shall not remain
in the public right-of-way for more than one hour during a day.
(3)
Ice cream trucks.
(a)
Right-of-way/public property. An ice cream truck with a current mobile food vendor permit may operate from the right-of-way at any one location for no more than 15 minutes before relocating to another location not less than 1/4 mile from the previous location. When operating in the public right-of-way, an ice cream truck must be positioned so as to comply with the requirements of Chapter 175, Article III (Parking) herein. Operation of ice cream trucks within Borough parks shall be subject to rules and regulations established by the Council. Ice cream trucks may not operate on any other property owned by the Borough or another public entity except as may be specifically allowed by the Borough or other public entity. No unattended ice cream truck shall be left at any time in the right-of-way or parked on any other public property overnight.
(b)
Private property. An ice cream truck with a current mobile food vendor permit may operate on private property if allowed as a permitted use under Chapter 180 (Zoning) of this Code, subject to the following conditions:
[1]
Permission. Ice cream trucks operating on private
property shall have the written permission of the property owner,
which shall be made available to the Borough immediately upon request.
[2]
Unimproved properties. Regardless of any agreement
with the owner of the property, an ice cream truck may not operate
on an unimproved parcel. For purposes of this section, a parcel is
considered "improved" if it contains a building that may be occupied
pursuant to applicable building codes.
[3]
Placement on lot. Ice cream trucks shall not block
fire lanes, designated traffic lanes or ingress and egress to and
from a building or street.
(c)
Hours of operation. Ice cream trucks may operate beginning at
11:00 a.m. and ending at sunset unless otherwise restricted by the
operator's mobile food vendor license.
C.
Operating requirements.
(1)
Vehicle requirements.
(a)
Design and construction. Mobile food service vehicles must be
specifically designed and constructed for the purpose of preparation
and sale of the specific type of food being sold and may not operate
in any manner that is not compatible with the purpose for which the
vehicle has been designed and constructed.
(b)
Licensing. Mobile food service vehicles must be licensed and
equipped in accordance with the rules and regulations of all local,
state and federal agencies having jurisdiction over such vehicles.
The preparation and sale of food from mobile food service vehicles
must comply with all applicable local, state and federal laws and
regulations.
(2)
Operating in the right-of-way.
(a)
Mobile food service vehicles shall park facing the same direction
as traffic, at a distance of no more than 18 inches between the curb
face or edge of pavement and with the service window of the vehicle
facing the curb or edge or pavement.
(b)
When a mobile food service vehicle is allowed to operate in
the public right-of-way, no seating area shall be provide, except
as permitted in conjunction with a street closure for a special event.
(3)
Business access. No mobile food service vehicle may operate
in a location that:
(4)
Pedestrians. If on or adjacent to a sidewalk, the components
of a mobile food service vehicle's operations, including signage,
seating areas and patron queue may not reduce the clear pedestrian
path of travel on the sidewalk to less than six feet. All awnings
or canopies of the vehicle shall be at least six feet, eight inches
above the sidewalk.
(5)
Distance. A mobile food service vehicle must maintain a minimum
distance of 10 feet between other mobile food service vehicles and
may not operate within 100 feet of a brick and mortar eating establishments.
(6)
Safety and fire prevention.
(a)
All cooking, heating and electrical equipment and all cooking
practices must comply with applicable safety regulations, including
applicable fire and electrical codes and any other safety requirements
imposed by the Borough's fire and rescue department.
(b)
No power cord, cable or equipment shall be extended across any
public street, sidewalk or other public property.
(c)
No cooking equipment other than a heating apparatus compliant
with applicable safety regulations may be used in a canteen truck.
No cooking or heating equipment may be used in an ice cream truck.
(d)
All mobile food service vehicles must be equipped with a 2A-10BC
fire extinguisher that is inspected annually and certified as meeting
National Fire Protection Association standards.
(e)
All mobile food service vehicles with a generator must provide
a 3A-40BC fire extinguisher.
(f)
All food service vehicles utilizing a deep fat fryer must provide
a type K fire extinguisher in addition to the required extinguisher
requirements set forth in this ordinance.
(g)
The maximum amount of LPG gas that can be stored/used is two
100-pound tanks with LPG storage tanks only permitted to be stored/used
on the exterior of the mobile food service vehicle; furthermore, all
piping and fittings for the distribution and use of LPG gas must be
UL or FM approved.
(h)
Any type of cooking inside the mobile food service vehicle that
produces grease laden vapors is required to be protected with an NFPA
96 compliant fire suppression system.
(i)
All vendors must maintain a clearance of at least 10 feet away
from buildings, structures, vehicles, and any combustible materials
and must also maintain a clearance of at least 15 feet from a fire
hydrant.
(j)
Any engine-driven source of power must be separated from the
public by barriers, such as physical guards, fencing, or enclosures.
(k)
Any engine-driven power must comply with the following: at least
10 feet in all directions from openings and air intakes; at least
10 feet from every means of egress, directed away from all buildings,
directed away from all other cooking vehicles and operations.
(7)
Solid fuel safety (wood, charcoal).
(a)
Fuel must not stored above any heat-producing appliance or vent.
(b)
Fuel must not stored closer than three feet to any cooking appliance.
(c)
Fuel must not stored near any combustible liquids, ignition
sources, chemicals, and food supplies and packaged goods.
(d)
Fuel must not stored in the path of the ash removal or near
removed ashes.
(e)
All ash cinders, and other fire debris should be removed from
the firebox at regular intervals and at least once a day.
(f)
Removed ashes, cinders, and other removed fire debris should
be placed in a closed, metal container located at least three feet
from any cooking appliance.
(8)
Noise. No sounds that are prohibited by § 180-68, Performance standards, of this Code may be produced by a mobile food service vehicle's operations.
(9)
Support methods. No mobile food service vehicle may use stakes,
rods or any other method of support that must be drilled, driven or
otherwise fixed into or onto asphalt, pavement, curbs, sidewalks or
buildings.
(10)
Spills. To prevent discharges into waterways, drainage systems
or public sewer systems, each food truck shall comply with all stormwater
regulations of the Borough and all regulations regarding prohibited
discharges to public sewers. In addition, each vehicle shall have
a spill response plan to contain and remediate any discharge from
the vehicle.
(11)
Waste collection. The area of a mobile food service vehicle
operation must be kept neat and orderly at all times. Operation of
a mobile food service vehicle in an area is deemed acceptance by the
operator of the responsibility for cleanliness of the area surrounding
the operations (not less than 50 feet from all parts of the vehicle)
regardless of the occurrence or source of any waste in the area. During
each period of operation at a location, the operator must provide
proper trash receptacles for public use that are sufficient and suitable
to contain all trash generated by the mobile food service vehicle.
All trash receptacles must be emptied when full, and all waste must
be removed prior to departure of a mobile food service vehicle from
a location.
(12)
Pedestrian service only. Mobile food service vehicles shall
serve pedestrians only. Drive-through or drive-in service is prohibited.
(13)
Signage. Signage for each mobile food service vehicle shall
be limited to signs on the exterior or interior of the vehicle and
one sandwich board sign. All signs on the exterior of the vehicle
shall be secured and shall not project more than six inches from the
vehicle. One sandwich board sign may be placed outside the mobile
food service vehicle, provided that the base of a sandwich board sign
must be placed no further than two feet beyond the mobile food service
vehicle. Sandwich board signs shall not exceed eight square feet per
side or 48 inches in height and shall not obstruct or impede pedestrian
or vehicular traffic.
(14)
Alcohol sales. Food trucks may not sell alcoholic beverages,
except as may be specifically allowed by applicable state law and
Borough ordinance. Canteen trucks and ice cream trucks are prohibited
from selling alcoholic beverages at all times.
(15)
Insurance.
(a)
Mobile food service vehicles must maintain all motor vehicle
insurance coverage required by applicable state and federal laws and
regulations.
(b)
Mobile food service vehicles operating on Borough property other
than the right-of-way shall at all times maintain such further insurance
coverage as may be required by the Borough Administrator. In the event
the required coverage is not properly maintained, permission to operate
on Borough property will be immediately revoked.
(16)
Exterior cooking equipment. Any food preparation equipment outside
of the mobile food service vehicle shall not obstruct vehicular or
pedestrian traffic, and the use and operation of such equipment shall
not create safety hazards for the public. Food shall not be served
to customers directly from any outside food preparation equipment.
Any smoker or other exterior equipment that generates heat shall be
surrounded with at least three traffic safety cones.
D.
Operational restrictions. All mobile food vendors are prohibited
from:
(1)
Any area where they will impede pedestrian traffic.
(2)
Operating within 1,000 feet of the outside perimeter of school
property during school hours as well as one hour preceding or one
hour after when school is in session.
(3)
Consuming alcoholic beverages while vending.
(4)
Vending within 100 feet of a licensed concession stand in a
Borough park when that stand is open for business, unless the mobile
food vendor is under contract with the Borough to be in that specific
location.
(5)
Vending in any residential neighborhood, excluding ice-cream
trucks or unless specially permitted as part of a large event authorized
by the Borough.
(6)
Within 100 feet of the primary entrance of a licensed restaurant
during the hours the restaurant is open for business, unless the vendor
is operating with the consent of the restaurant.
(7)
Parking where traffic or parking laws or ordinances would be
violated.
(8)
Parking in fire lanes, loading zones or other spaces with parking
limitations.
(9)
Vending for more than four hours in the right-of-way in one
location within any twenty-four-hour period unless specially permitted
as part of a large event authorized by the Borough.
(10)
Placing chairs, tables, tents or other similar items in the
right-of-way or on private property without authorization from the
property owner.
(11)
Offering public seating within a mobile food truck or any other
mobile vehicle.
(12)
Vending on any undeveloped lots (dirt lots or lots without a
licensed business) for more than four hours within a twenty-four-hour
period unless observing air quality standards and acting as an open
air vendor with an open air vending license.
E.
Mobile food vendor permits.
(1)
Required. The designated permit administrator shall oversee
the issuance, suspension and revocation of mobile food vendor permits.
No mobile food service vehicle may operate within the Borough without
a mobile food vendor permit issued by the Borough. A mobile food vendor
permit authorizes the holder only to engage in the vending of products
from a mobile food service vehicle in compliance with this Code and
as specified on the permit. The mobile food vendor permit must be
prominently displayed when the mobile food service vehicle is in operation.
This section shall not apply to contractual arrangements between a
mobile food service vehicle operator and any individual, group or
entity for prearranged catering at a specific location for a period
of not more than four hours, provided that the mobile food service
vehicle is not open to or serving the general public.
(2)
Application.
(a)
In order to obtain a mobile food vendor permit, a mobile food
service vehicle operator must complete an application form provided
by the Borough. The application shall include the following information:
[1]
Name and address of the owner of the vehicle.
[2]
Name and address of the operator of the vehicle.
[3]
Color photographs of the exterior (front, side,
and back) of the vehicle in its final condition and with all markings
under which it will operate.
[4]
A copy of the vehicle license and registration
form reflecting the vehicle identification number (VIN) of the vehicle.
[5]
A copy of the state or county health department
license or permit applicable to mobile food providers.
[6]
A copy of any alcoholic beverage licenses, if applicable.
[7]
A copy of the operator's business license.
[8]
A certificate of insurance coverage, including
required motor vehicle insurance coverage.
[9]
A signed acknowledgement that the operator has
read this article and will comply with all applicable requirements
herein.
[10]
Any additional information required by the Borough.
(b)
Submittal of an application for a mobile food vendor permit
must be accompanied by payment of an application fee in the amount
specified. Any mobile food service vehicle previously found to be
operating within the Borough without a current permit shall also pay
a fine of $100 and will be required to purchase a permit to continue
vending.
(c)
Each mobile food vendor permit holder shall have an ongoing
duty to provide the Borough with notice of any change to any of the
information submitted with its permit application, within 10 days
of the change, including current photographs of the mobile food service
vehicle in the event of any change in the appearance of or signage
on the vehicle.
(3)
Issuance. A mobile food vendor permit shall be issued upon verification
that an application has been completed in accordance with the requirements
of this section, except that no such permit will be issued to an operator
whose permit is currently suspended or has been revoked within the
preceding 12 months, or to any person who intends to operate the same
mobile food service vehicle for which the operator's permit is currently
suspended or has been revoked within the preceding 12 months. If the
permit administrator denies the application, such denial shall be
in writing and provided to the applicant within 15 days of receipt
of the application.
(4)
Expiration. All mobile food vendor permits shall expire on December
31 of each year, or on such alternate date as may be set by the permit
administrator. A mobile food vendor permit may be renewed for the
next twelve-month period, provided that all applicable requirements
are met and the permit is not currently suspended or has not been
revoked within the preceding 12 months. The fee for renewal shall
be the same as the application fee for a new mobile food vendor permit.
(5)
Transferability. A mobile food vendor permit may not be transferred
except as part of the sale of a controlling interest in a business
holding the permit or a sale of substantially all of the assets of
a business holding the permit. The operator of the mobile food service
vehicle shall notify the Borough within 10 days of any such sale and
shall update any information that has been changed since the submittal
of the application for the mobile food vendor permit.
(6)
Temporary permit. If an operator of a mobile food service vehicle
has not previously obtained a mobile food vendor permit and is found
to be operating within the Borough, Borough staff may authorize the
operator to continue operating for not more than two hours, provided
that the operations must comply with the location and hours of operation
requirements herein. Thereafter, the operator shall not operate a
mobile food service vehicle within the Borough without first paying
the required application fee and obtaining a mobile food vendor permit
as required by this section.
F.
Fee schedule.
(1)
All permits are for one unit per vendor. All permits are for
one location except canteen trucks, or roaming ice cream trucks. Multiple
locations or multiple trucks will require multiple permits.
(a)
Canteen truck: $50 yearly fee.
(b)
Food truck: $25 one day permit; $50 for a sixty-hour permit
(example: 11:00 a.m. Friday through 11:00 p.m. Sunday), no more than
60 hours on location without completely vacating the premises for
12 hours; $100 yearly permit.
(c)
Ice cream truck: roaming: $50 per year; parked: same as food
truck.
(d)
Mobile food vendor event: Event permit obtained by the promoter
for an event with more than five trucks. Good for only 60 hours, good
for unlimited trucks, but each truck must be listed the same as for
a food truck permit: $250.
G.
Enforcement.
(1)
Citation. Each of the following circumstances constitute a violation
of this section, for which a citation of $300 may be issued to the
violator of this section by a Codes Enforcement Officer, fire official,
and/or police officer of the Borough:
(a)
Operation of a mobile food service vehicle without a current,
valid permit, provided further that each day and each separate location
at which a mobile food service vehicle is operated without a current,
valid permit shall be considered a separate violation.
(b)
Continuation of temporary mobile food service vehicle operations
beyond the time period authorized by staff.
(c)
Holding a special event without a permit or failing to comply
with the conditions of approval for a special event permit.
(d)
Failure to comply with any other provision of this section.
(2)
Responsibility for violations. The Borough Codes Enforcement
Officers, fire officials, and/or police officers may, at their discretion
in consideration of the situation, cite any of the individuals or
entities listed below for any violation of the provisions of this
section:
(3)
Suspension of permit. A mobile food vendor permit shall be suspended
by the permit administrator if:
(a)
The applicant for the permit knowingly provided false information
on the application.
(b)
Two violations of this section have occurred within a six-month
period in conjunction with the mobile food service vehicle for which
the permit has been issued.
(c)
The operator of a mobile food service vehicle fails to maintain
a current, valid vehicle registration, health department permit, business
license or proof of required motor vehicle insurance coverage.
(4)
Revocation of permit. A mobile food vendor permit shall be revoked
by the permit administrator if:
(5)
Reinstatement.
(a)
Suspended permit. An operator may reinstate a suspended mobile
food vendor permit by taking such actions as may be necessary to correct
a mobile food service vehicle's noncompliance and paying a reinstatement
fee of $500 to offset the Borough's cost of enforcement measures,
inspections and compliance verifications.
(b)
Revoked permit. An operator whose mobile food vendor permit
has been revoked may apply for a new permit after 12 months from the
date of revocation, provided the operator has taken such actions as
may be necessary to correct a mobile food service vehicle's noncompliance.
The operator shall pay a permit reinstatement fee of $500 to offset
the Borough's cost of enforcement measures, inspections and compliance
verifications.
(c)
No permit will be issued to any person who intends to operate
the same mobile food service vehicle for which the operator's permit
is currently suspended or has been revoked within the preceding 12
months.
(6)
Notice. Notice of the suspension or revocation of a mobile food
vendor permit shall be issued to the operator in writing by the permit
administrator.
H.
Appeals.
(1)
Filing. The denial, suspension or revocation of a mobile food
vendor permit by the permit administrator may be appealed by filing
a written notice of appeal, establishing the grounds for the appeal,
with the Economy Borough Code Enforcement Officer no later than 10
business days following receipt of the notice of denial, suspension
or revocation. For food truck rallies requiring the approval of the
planning commission, the planning commission's decision shall be final.
(2)
Borough Administrator's review. When an appeal is filed with
the Borough Administrator as set forth herein, the Economy Borough
Code Enforcement Officer may request such additional information from
the operator and the permit administrator as may be deemed necessary.
At the Borough Administrator's discretion, the appeal may be decided
based on the written information and documentation submitted, or a
hearing may be scheduled with the operator and the permit administrator.
The Borough Administrator's decision shall be issued in writing, based
on a written summation of the pertinent facts, and shall be final.
The Economy Borough Code Enforcement Officer may reverse the denial,
suspension or revocation of a permit, or may reduce the waiting period
required for reinstatement of a revoked permit if it is determined
that the operator has taken reasonable steps to mitigate the violations
leading to the revocation and to prevent future violations.
(3)
Refunds. There shall be no refund of an application fee for
a mobile food vendor permit that has been denied. There shall be no
refund of a reinstatement fee for a suspended or revoked permit unless
the Economy Borough Code Enforcement Officer determines on appeal
that the permit administrator acted in error in suspending or revoking
the permit.
Temporary construction trailers, model homes
or sales offices shall be permitted in any zoning district, subject
to the following conditions:
A.
Temporary construction trailers shall be permitted
only during the period that the construction work is in progress under
a valid building permit or under Borough approval to install public
improvements. The temporary construction trailer shall be removed
upon completion of the construction authorized under a building permit
or upon completion of the installation of the public improvements
in a plan of subdivision. In the event that construction is phased,
the temporary construction trailer shall be moved from the completed
phase to the next phase when 90% of the required improvements in the
completed phase have been installed as determined by the Borough Engineer,
provided a valid grading permit or building permit has been issued
for the next phase.
B.
Model homes or sales offices shall be permitted only
until 90% of the lots or dwelling units in the development are sold.
In the case of a phased development, the use of a model home or sales
office shall be permitted to continue only if the subsequent phase
is initiated within six months of the completion of 90% of the lots
or dwelling units in the prior phase.
C.
A temporary use permit for the temporary structure or use shall be obtained from the Zoning Officer in accordance with the requirements of § 180-113 of this chapter prior to the commencement of construction and shall be renewed every six months, if necessary, until the project is completed.
D.
Temporary construction trailers shall be located on
the lot on which the construction is progressing and shall not be
located within 25 feet of any property line adjoining residential
use.
E.
Temporary construction trailers shall be used only
as temporary field offices and for storage of incidental equipment
and supplies and shall not be used for any dwelling use, whatsoever.
F.
No signs or other advertising materials for the project
shall be attached to the temporary construction trailer; however,
the name of the construction company may appear on the trailer.
G.
"Class 3" materials, as classified by the National
Fire Prevention Association (NFPA), shall not be stored in temporary
construction trailers.
H.
Model homes shall be located on a separate lot and
shall meet all the requirements for permanent dwellings in the zoning
district in which they are located. Sales offices may be located in
a model home or may be located in a trailer located on a vacant lot
in the plan or on the site of construction. If the sales office is
located in a trailer, the trailer shall not be located within 25 feet
of any property line. No signs or other advertising information shall
be located on the outside of the trailer or sales office.
I.
Model homes or sales offices located in a trailer
shall not be utilized for any dwelling use, whatsoever, during the
time they are approved as a temporary use or structure in accordance
with the provisions of this section.
J.
Model homes or sales offices shall be used primarily
for sales associated with the development in which they are located
and shall not be used as the only place of business for the listing
realtor.
In the R-A District, agriculture, as defined
herein, conducted on a farm and related activities conducted on a
farm or on other properties, when authorized by this chapter, including
animal grooming, boarding stables, commercial greenhouses, commercial
riding academies, kennels, noncommercial riding academies, private
stables and specialized animal raising, shall be subject to the following
requirements:
A.
Storage of manure, odor or dust-producing substances
shall be located at least 200 feet from any property line.
B.
Any stable or other building used for the sheltering,
keeping, raising or feeding of horses, livestock and poultry shall
be located at least 200 feet from any property line on properties
of 10 acres or more. Such buildings shall be located at least 75 feet
from any property line on properties having at least five acres but
less than 10 acres.
C.
A commercial greenhouse heating plants shall be at
least 100 feet from any property line.
D.
All grazing and pasture areas shall be adequately
fenced to properly enclose the animals and to protect adjacent property.
E.
Private stables on properties of five acres or more,
but less than 10 acres, shall be accessory to the stable owner's dwelling.
F.
The number of horses maintained in a private stable
shall be limited to one animal for the first five acres, plus one
for each additional acre or portion thereof up to 10 acres, not to
exceed a total of six horses. There shall be no limit on the number
of horses on properties of 10 acres or more.
H.
Agricultural sales, as defined herein, shall be permitted
accessory to a farm, as defined herein, in the R-A District only,
subject to the following regulations:
(1)
All sales shall be conducted on the premises of a
farm, as defined and regulated by this chapter.
(2)
Products sold shall include only products raised,
grown or produced on the farm.
(3)
All permanent structures shall comply with the yard
requirements for principal structures in the district in which the
property is located.
(4)
Seasonal roadside stands shall be located no closer
than 15 feet to any street right-of-way or property line and shall
be removed at the end of each growing season.
(5)
Buildings used for retail sales of agricultural products
shall not exceed 1,000 square feet of sales floor area for every 10
acres of land farmed. No building used for agricultural products shall
exceed 5,000 square feet in sales area.
(7)
Off-street parking for seasonal roadside stands shall be designed in accordance with § 180-80; however, the requirements for surfacing, marking, screening and landscaping shall not apply.
(8)
Off-street parking for seasonal roadside stands shall be provided in accordance with the requirements of § 180-81 for retail businesses; however, in no case shall less than five spaces be provided.
(9)
Adequate ingress, egress and traffic circulation shall
be provided so that vehicles do not back onto the street right-of-way
and do not park or stand on any street or berm.
I.
Seasonal activities such as hay rides, spring and fall festivals and similar activities related to the farm shall be subject to all applicable requirements of § 180-113 for temporary uses, provided adequate parking is provided in a temporary parking area based on the ratio specified in § 180-81C for "all other uses."
A.
Outdoor storage in commercial and industrial districts.
(1)
In the C-1 Commercial District, storage of materials
outside a completely enclosed structure shall not be permitted, except
for convenience stores, vehicle sales, nurseries, garden supply, building
supply, custom crafting and similar businesses that require outside
storage of products offered for sale. In the case of nurseries, garden
supply, building supply, custom crafting and similar businesses, outside
storage areas larger than 1,000 square feet shall be completely enclosed
by a security fence and shall be screened by an opaque fence or hedge
that is at least six feet in height.
(2)
In the I-1 Industrial District, any material or equipment
stored outside an enclosed building shall be incidental to the principal
use of the lot and shall be stored to the rear of the building or
an alternative location that screens the storage area from public
view from the street or adjacent residential property located at similar
elevations within 500 feet of the property. If existing buildings
do not screen the storage area from public view from the street or
adjacent residential property located at similar elevations within
500 feet of the property, the area shall be screened by a hedge or
opaque fence at least eight feet in height.
B.
Refuse collection and waste disposal. In all districts,
all organic rubbish and discarded materials shall be placed in tight
verminproof containers on the property and shall be secured in side
or rear yards screened from public view by means of a solid-face fence
or wall at least six feet in height. Containers shall be emptied once
a week. On properties where food is served in paper containers, covered
waste receptacles shall be conspicuously located on the premises for
use by patrons. The management shall be responsible for maintaining
the property free of litter. All nonresidential uses shall provide
trash receptacles that are completely enclosed by a screening fence
secured by a self-latching gate.
C.
Storage of recreational vehicles. The parking or storage
of recreational vehicles shall not be permitted in any front yard
in any R-1, R-2 or R-3 District. Recreational vehicles with a current
license or registration and a valid inspection sticker may be parked
or stored in the side or rear yard of property in any R-1, R-2 or
R-3 District. At no time shall any parked or stored recreational vehicle
be occupied or used as a dwelling.
D.
Parking of commercial vehicles and equipment. Commercial
vehicles and equipment, including trucks in excess of one ton capacity,
tandems, tractor-trailers, tractors or other commercial or construction
or cargo-moving vehicles or equipment shall not, under any conditions,
be stored outside a completely enclosed building or parked outside
overnight between the hours of 10:00 p.m. and 7:00 a.m. in any R-1,
R-2 or R-3 District, other than on construction sites for an approved
subdivision or land development, on sites for which a valid grading
permit, zoning permit or building permit is in effect; or on farms
that are being used for agriculture, as defined by this chapter.
Forestry, as defined herein, shall be conducted
in accordance with the following provisions. Proof of compliance with
all requirements shall be submitted with the application for a zoning
certificate.
A.
All operations shall be located at least 300 feet
from any existing dwelling.
B.
All operations shall be discontinued between 7:00
p.m. and 7:00 a.m.; provided, further, that such operations shall
not take place during any hours on Sundays or legal government holidays.
C.
Routes to be used by the hauling trucks shall be approved
by the Borough, and the operator shall demonstrate that there shall
be no negative impact on Borough roads from the proposed operation.
D.
The operator shall provide the Borough with a copy
of a videotape of the condition of all roads to be utilized in the
forestry operation prior to commencing operations.
E.
A performance bond shall be posted in favor of and
in the amount required by the Borough to guarantee restoration of
Borough roads used as hauling routes.
F.
The operator shall be responsible for cleaning dirt
and debris from public streets daily during the operation.
G.
The applicant shall submit a copy of the state and/or
county permit for hauling on state and/or county roads.
H.
The applicant shall supply the Borough with the name
of an on-site contact person.
I.
J.
A logging plan prepared and sealed by a registered
surveyor or engineer shall be submitted that shows, at a minimum:
(1)
The design, construction, maintenance and retirement
of the access system, including haul roads, skid roads, skid trails
and landings;
(2)
The design, construction and maintenance of water-control
measures and structures such as culverts, broad-based dips, filter
strips and water bars;
(3)
The design, construction and maintenance of stream
and wetland crossings, if any;
(4)
The general boundaries of the proposed operation in
relation to Borough and state or county roads, including any accesses
to those roads;
(5)
The site location, including boundaries of the property
and boundaries of the proposed harvest area;
(6)
Significant topographic features;
(7)
The location of all earth-disturbance activities,
such as roads, landings and water-control measures and structures;
and
(8)
The location of all crossings of waters of the commonwealth.
K.
Felling or skidding on or across any public street
is prohibited without the express written consent of the Borough,
Beaver County or the Pennsylvania Department of Transportation (Penn
DOT), whichever is responsible for maintenance of the street.
L.
No remnants of trees or debris shall be left within
25 feet of any public street or any private road providing access
to adjoining residential property during the operation.
M.
All remnants of trees, stumps and debris within 50
feet of a public street or residential property line shall be cut
to a maximum of four feet above the adjacent ground level following
completion of the forestry operation.
N.
No remnants of trees or debris shall be left on any
adjoining property or across any property line without the consent
of the adjoining owner during the operation.
O.
Upon completion of the forestry operation, haul roads
shall be restored to their original condition.
All no-impact home-based businesses, as defined
herein, shall comply with the following:
A.
The business activity shall be compatible with the
residential use of the property and surrounding residential uses.
B.
The business shall employ no employees other than
family members residing in the dwelling.
C.
There shall be no display or sale of retail goods
and no stockpiling of inventory of a substantial nature.
D.
There shall be no outside appearance of a business
use, including, but not limited to, parking, signs or lights.
E.
No on-site parking of commercially identified vehicles
shall be permitted.
F.
The business activity shall not use any equipment
or process that creates noise, vibration, glare, fumes, odors or electrical
or electronic interference, including interference with radio or television
reception, that is detectable in the neighborhood.
G.
The business activity shall not generate any solid
waste or sewage discharge, in volume or type, which is not normally
associated with residential use in the neighborhood.
H.
The business activity shall be conducted only within
the dwelling and shall not occupy more than 25% of the habitable floor
area of the dwelling.
I.
The business shall not involve any illegal activity.
J.
The business shall register annually in January of
each year with the Zoning Officer or his or her designated representative
to demonstrate continuing compliance with these regulations.
[Added 1-22-2013 by Ord. No. 440]
In those districts where oil and gas operations and impoundments
used exclusively for oil and gas operations are authorized as permitted
uses by right, the following standards shall apply:
A.
The application for a zoning permit shall contain all the information required by § 180-66BB(2) of this chapter for a conditional use application; however, the procedure for approval of a conditional use application shall not apply.
[Added 5-24-2016 by Ord.
No. 456; amended 1-24-2017 by Ord. No. 461]
A solar photovoltaic system shall be permitted subject to the
following express standards and criteria:
A.
Location within a lot; setback.
(1)
A building-mounted solar system is permitted to face any rear
yard, side yard, and front yard or any unregulated yard area as defined
in this chapter.
(2)
A ground-mounted solar system is permitted subject to compliance
with the requirements of this chapter; provided, however, a ground-mounted
solar system shall not be located any closer to a front lot line than
the principal structure on the subject property.
(3)
No part of a ground-mounted solar system shall extend over the
required rear or side building setback line due to a solar tracking
system or other adjustment of solar PV equipment or parts.
B.
Design and installation.
(2)
A building-mounted system shall be installed such that no solar
facility will not cover more than 50% of the total roof area covered
by the facility.
(3)
For a ground-mounted solar system, all exterior electrical lines
shall be buried below the surface of the ground where possible and
placed in conduit.
C.
Height restrictions.
(1)
For a building-mounted solar system installed on a sloped roof
that faces the front yard of a lot, the system must be installed at
the same angle as the roof on which it is installed with a maximum
distance, measured perpendicular to the roof, of 18 inches between
the roof and highest edge or surface of the system.
 |
(2)
For a building-mounted solar system installed on a sloped roof,
the highest point of the system shall not exceed the highest point
of the roof to which it is attached.
 |
(3)
For a building-mounted solar system installed on a flat roof,
the highest point of the system shall be permitted to extend up to
six feet above the roof to which it is attached.
(4)
A ground-mounted solar system shall not exceed the permitted
height of accessory structures in the zoning district where the solar
PV system is to be installed.
 |
D.
Screening and visibility.
(1)
A building-mounted solar system on a sloped roof shall not be
required to be screened.
(2)
A building-mounted solar system mounted on a flat roof shall
not be visible from a street right-of-way within a 100-foot radius
of the subject property at a level of five feet from the ground in
a similar manner as to any other rooftop HVAC or mechanical equipment.
This can be accomplished with architectural screening such as a building
parapet or by setting the system back from the roof edge in such a
manner that the solar PV system is not visible from the street right-of-way
within a 100-foot radius when measured at a distance of five feet
from the ground.
E.
Impervious lot coverage restrictions.
(1)
The surface area of any ground-mounted solar system, regardless
of the mounted angle of any portion of the system, is considered impervious
surface and shall be calculated as part of the applicable lot coverage
limitation for the subject property. If the ground-mounted solar system
is mounted above existing impervious surface, it shall not be calculated
as part to the lot coverage limitation for the subject property.
