Front Yard. Accessory uses, with the exception of permitted signs, shall not be located in the required front yard of any zoning lot.

Side and Rear Yards. Accessory uses are permitted; provided, they are no closer than 2 1/2 feet of any lot line and complies with the requirements of Subsection 3C below. On a corner lot, an accessory use, located in a side or rear yard, must maintain the same setback from the street right-of-way line as the principal structure.

Front Yard. In addition to permitted signs, which are in compliance with this chapter, off-street parking areas are permitted in a required front yard. The parking area must maintain a minimum three foot, landscaped setback from the street right-of-way or sidewalk line, and it shall comply with the applicable screening provisions of § 27-409 of this chapter.

Side and Rear Yards. Accessory uses are permitted. If the yard abuts a residential district, the accessory use must maintain a minimum three foot setback, screened in accordance with § 27-407 of this chapter.

Fences, walls (other than retaining) or screens may be erected only in a side or rear yard, and within lot boundaries, in any zoning district.

A retaining wall will be erected along any property line where it is required to prevent a landslide or other hazardous conditions.

A fence or screen cannot be erected in a public or dedicated right-of-way.

Solid fences may only be erected in rear yards to enclose a pool, patio or similar area for privacy and security.

Fences, walls or screens shall not exceed 78 inches in height, as measured from the ground level at the base of the structure, except that in a side yard on a corner lot, a fence, wall or screen shall be limited only to open fences with a maximum height of 48 inches.

The location and height of a security fence for a school, park or other public facility/use shall be established by the Planning Commission.

In any district, trees, shrubs and other planting are permitted in any front yard provided they do not block a clear view or vision for vehicular traffic.

Authorized fences and screens whether publicly or privately owned, shall not obstruct the clear sight distances at street intersections. A "clear sight triangle" shall be maintained including the entire triangular area as measured 75 feet from the intersection center line of street (or driveway) intersection.

Fences shall not contain barbs or similar types of injurious hazards, unless specifically approved by the Planning Commission for security reasons.

A planted screen shall be of sufficient density and type of planting material to provide a year-round visual barrier, within two growing seasons of planting. The minimum height shall be five feet, but the Planning Commission may require additional height where it is necessary to achieve adequate visual screening of the use.

Walls, fences or other visual screens may be used in accordance with the provisions of § 27-407 of this chapter.

Screening of off-street parking and loading areas shall be in accordance with § 27-409 of this chapter.

The property or business owner shall be responsible for the continuing maintenance of any planted screen, fence or wall.

Water towers, storage tanks, processing equipment, fans, cooling towers, vents and any other structures or equipment that rise above the roof line, other than a radio or television antenna, shall be effectively shielded from view of any public or private street by an architecturally sound method.

A zoning permit must be obtained from the Zoning Officer for the erection of any fence, wall or screen.

If a fence, wall or screen is not maintained in a safe condition and in accordance with Borough regulations, the Zoning Officer shall give written notice to owner to repair or remove the fence within 15 days of receipt of the notice. In the event the owner fails to comply with the order, the owner shall be considered in violation of this chapter and subject to the penalties contained herein.

If a fence, wall or screen is destroyed or deteriorates beyond 50% of its total linear displacement, then it must be removed within 15 days of receipt of written notice from the Zoning Officer.

Nameplates or identification signs not exceeding one square foot and attached to a wall of the structure, which may indicate the occupants of the structure, or in the case of a multiple-occupancy structure, the name of the management agency.

Real estate signs not exceeding 12 square feet, advertising the premises for sale or lease, which are to be removed within 20 days of the sale or lease of the premises, or when the last unit of a multi-unit development is sold or leased.

Construction signs advertising the development or improvement of a property by a builder, contractor or similar person provided that not more than one such sign shall be permitted for a development or property. The sign shall not exceed 12 square feet, and it shall be removed within 15 days of the completion of work.

The sign shall not exceed 12 square feet in surface area.

The sign may be either attached to a building or free-standing.

If free-standing, the height shall not exceed six feet, as measured from ground level at the base of the sign, and the sign shall be set back at least five feet from the street right-of-way line and 10 feet from a side lot line.

A free-standing sign may be single or double face, but no face may exceed the maximum size limitation.

Number and Size. Two signs shall be permitted for each business establishment indicating the services or products sold on the premises. The aggregate sign area shall not exceed 40% of the signable wall area, as defined by this chapter.

Type. The principal identification signs may include one awning or one canopy sign and one of the following types: (a) a wall sign attached to a main building; or (b) permanent window based sign.

Wall Signs. If attached to the structure, it shall be attached to a front or side wall of the building, parallel to the facade of the building, and not projecting more than 12 inches from the wall. For a one-story building, wall signs shall be placed in the wall area between the lintel bar(s) of the doors and windows and the parapet. For a multi-story building, wall signs shall be placed in one of the following locations: (a) in the wall area between the lintel bar(s) and the floor level of the floor above; or (b) in the wall area between the lintel bar(s) of the top floor and the parapet. Such sign shall be erected so that all portions of the sign are at least nine feet above grade at the entrance to the establishment. No sign shall be painted directly on the surface of the wall.

Provided, however, if the location of a porch roof on an existing structure prevents the wall sign from being placed in accordance with the above requirements, then the wall sign shall be attached to the front first floor wall of the building so that no portion of the sign is located above the height of the door frame on that wall of the building.

Awning, Canopy Sign. Where an awning or canopy sign is used, only individual cut-out letters and/or symbols may be attached to, painted, stenciled or otherwise placed on the awning or canopy. An awning or canopy shall not extend into any public right-of-way.

Permanent Window Based Signs. A permanent window-based sign shall only include the following types of signs: (1) window graphics permanently applied to the glass surface of a window; or (2) a sign permanently mounted inside the building and visible from and through the outside of the window (i.e. neon window sign). A permanent window-based sign shall not exceed the sign area stated in Subsection 2C(1), above, nor more than 30% of the total window area.

Double Frontage. Where a business establishment fronts on more than one public street, it may locate two signs, one of which shall be an awning or canopy sign, on each street frontage; each public street frontage shall be considered a separate signable wall area for the purpose of this chapter and shall comply with the size and type limitations in Subsections 2C(1) and (2), above. The permissible sign size for one frontage shall not be combined with that for another frontage for the purpose of placing the combined sign area on one frontage.

Multiple Occupancy Buildings.

Incidental, Temporary Window Signs. Incidental signs which announce brand name products sold on the premises, credit cards accepted, official notices required by law, or trade affiliations or temporary signs announcing special business promotional activities are permitted to be displayed in store windows; provided, that at any one time they do not exceed 30% of the establishment's total window area including any permanent window-based signs.

The business fronts on a public street; the principal structure or building is set back at least 30 feet from the street right-of-way; and, the zoning lot has a frontage of 100 feet or more.

A free-standing sign shall be set back a minimum of 15 feet from the street right-of-way and at least 10 feet from any side lot line. No free-standing sign shall be closer than 100 feet to any other free-standing sign that is six square feet or more in size.

A free-standing sign shall not exceed 30 square feet in area and 12 feet in height, as measured from ground level at the base of, or below, the sign to the highest element of the sign.

A free-standing sign shall not obstruct the required clear sight distance at any street or driveway intersection.

Size. The minimum dimensions for a conventional parking space will be nine feet in width by 18 feet in length, exclusive of curbs and maneuvering space. For a handicapped parking space, the size shall be 12.5 feet in width by 20 feet in length.

Design. The minimum dimension of interior driveways and parking aisles shall be 25 feet. Driveways and aisles shall be designed so that each vehicle may have ingress and egress from the space without moving any other vehicle. All access ways shall be designed so as to provide safe exit and entrance from the public street, in accordance with applicable Borough standards or PennDOT specifications.

Surfacing. All parking areas, including those for single and two family dwellings, shall be graded and paved or otherwise improved with an all-weather material of asphalt, concrete, grouted brick or paving blocks approved by the Borough.

All off-street parking spaces required to serve structures or uses shall be located on the same zoning lot as the structure or use served or within 600 feet of a main entrance to the structure or use served.

If not located on the same zoning lot, the required off-street parking spaces shall be located on a zoning lot owned by or leased to the owner of the zoning lot on which the principal use is located. If the off-site, off-street parking spaces are leased, the term of the lease shall be for a period of not less than 20 years. No property located in a residential zone may be used for off-site, off-street parking; however this restriction shall not apply to Borough-owned or - controlled property.

Evidence of ownership or lease rights shall be presented to the Borough in the form of a deed, contract of sale, option agreement or lease.

The continued ownership or lease of the approved off-site, off-street parking spaces shall be a condition to occupancy of the principal use which the parking spaces serve.

No operation or activity shall cause or create noise in excess of the sound levels prescribed below. For the purposes of this chapter, the noise level will be measured in decibels (dBA) which indicate the sound pressure level obtained from a frequency weighting network corresponding to the A-scale on a standard sound level meter.

The following uses or activities shall be exempted from the noise regulations: (a) noises emanating from construction and/or maintenance activities between 7:00 a.m. and 9:00 p.m.; and, (b) noises caused by safety signals, warning devices and other emergency-related activities or uses.

In addition to these regulations, all uses or activities within the Borough shall conform to any applicable county, state or federal noise regulations.

Vibration shall be measured at or beyond any adjacent lot line or residential district line as indicated in Table A below and such measurements shall not exceed the particle velocities so designated. The instrument used for these measurements shall be a three component measuring system capable of simultaneous measurement of vibration in three mutually perpendicular directions.

The maximum vibration is given as particle velocity, which may be measured directly with suitable instrumentation or computed on the basis of displacement and frequency. When computed, the following formula shall be used:

The maximum particle velocity shall be the vector sum of the three individual components recorded. Such particle velocity shall not exceed the values given in Table A. Where vibration is produced as discrete impulses, and such impulses do not exceed a frequency of 100 per minute, then the values in Table A may be multiplied by 2.

If during the review of a zoning application it appears that the proposed use or development may violate the performance standards contained in this section, the Borough may initiate an investigation and may require the applicant to submit such data and evidence as is needed to make an objective determination. The evidence may include such items as:

In order to determine compliance, the Borough may seek assistance from any county, state or federal agency having interest in or jurisdiction for the particular environmental issue. The Borough may also require the applicant to submit a report from a qualified technical expert certifying that the proposed use does comply with the performance standard(s). The technical expert shall be persons or firms mutually acceptable to the Borough and applicant; in the event agreement cannot be reached on the technical expert, the Borough shall make the selection. The cost of the expert's study and report shall be borne by the applicant. A negative report by the technical expert, as to the proposed use's compliance with the performance standard(s), and the applicant's refusal or inability to make alterations to ensure compliance, shall be a basis for denying approval of the zoning application.

The Zoning Officer shall investigate any purported violation of the performance standards and, if necessary, request the Borough employ qualified experts to assist in the determination of a violation. The costs for the services of such experts shall be paid by the owner or operator of the facility accused of the violation.

If the facility is found to be in violation, the owner or operator shall be given a reasonable length of time to correct the violation. If at the conclusion of this time period the violation still exists, and the Borough has agreed to no time extension, the owner or operator shall be in violation of this chapter and subject to the legal penalties and remedies contained herein.

Placement of the satellite dish antenna in the rear yard as required by this section would effectively preclude reception from any transmitting satellite.

The roof of the structure in question can safely support the load of the satellite dish antenna.

Design of the satellite dish antenna and its proposed placement on the roof are such that the satellite dish antenna will remain safely secured to the roof during wind gusts of up to 75 miles per hour.

The maximum height of the satellite dish antenna is 13 feet above the roof line as measured from the highest point of the roof for flat roofs, deck line for mansard roofs, or the mean height between eaves and ridge for gable, hip and gambrel roofs.

The maximum diameter of the satellite dish antenna is 10 feet.

To the extent possible the satellite dish antenna is painted black, dark green or brown.

A system of public streets is designed and constructed in a way so as to ensure coordination with streets outside of the development.

All utilities are designed and installed in a manner which ensures coordination with the infrastructure systems serving the Borough.

Physical access is provided throughout the development in order to connect the community with the riverfront.

Purpose. Green buildings improve air and water quality, reduce solid waste, conserve natural resources, reduce operation costs, optimize life-cycle economic performance and minimize the strain on local infrastructure. Given that buildings are responsible for a large portion of energy and resource use, the provisions of this section are intended to promote sustainable developments that reduce the impact of the built environment in the Borough.

Applicability. The following bonuses for sustainable development may be permitted in all riverfront developments.

Density and Height Bonuses. In the event that a building or structure is determined by the United States Green Building Council to be a LEED-certified building, the maximum permitted density may be increased by 20%. Also, in the event that a building or structure is determined to be a LEED-certified building, the maximum height of the building or structure may exceed the permitted height but shall not exceed an additional 20% of the permitted height.

Council shall commence, hold and conduct a public hearing in accordance with Section 708 of the MPC, 53 P.S. § 10708.

Council shall render its decision, provide official written communication of its decision, and provide findings of fact and conclusions of law in accordance with Section 709 of the MPC, 53 P.S. § 10709.

Council shall grant tentative approval to a riverfront planned development if, and only if, it is found to meet the criteria set forth in this section.

A public hearing on an application for final approval of the riverfront planned development, or part thereof, shall not be required, provided the riverfront planned development, or the part thereof, submitted for final approval is in compliance with the riverfront development plan given tentative approval and with any specified conditions attached thereto.

In the event the application for final approval has been filed, together with all drawings, specifications and other documents in support thereof, and as required by this chapter and the official written communication of tentative approval, Council shall grant such riverfront planned development final approval in accordance with Section 711(b) of the MPC, 53 P.S. § 10711(b).

In the event the riverfront development plan as submitted for final approval contains variations from the riverfront development plan given tentative approval, Council may refuse to grant final approval in accordance with Section 711(c) of the MPC, 53 P.S. § 10711(c). In the event of such refusal, the developer may pursue the options set forth in Section 711(c) of the MPC, 53 P.S. § 10711(c), in accordance with the time limitations and requirements set forth therein.

A location map clearly showing the location, area and zoning of the tract proposed for development, the area and zoning of adjacent properties and the location and relative distance to existing adjacent streets.

A site analysis study, including review and analysis of natural and geotechnical features, existing and potential scenic views, and structures or features of an archaeological or historic interest.

A proposed riverfront development plan, prepared by a registered engineer, architect, registered professional land surveyor, or landscape architect, showing the entire tract and all lands within 100 feet of its boundaries and the following data:

The proposed riverfront development plan shall include such maps, at a scale no smaller than one inch equals 50 feet, and text needed to clearly show the following:

A certification of water systems prepared in accordance with § 22-303, Subsection 1D, of the SALDO.

A traffic impact study prepared in accordance with § 22-303, Subsection 1E, of the SALDO.

An engineering report prepared by a registered engineer and including the following data, wherever pertinent:

A list of modifications, including the required modifications to the municipal land use regulations otherwise applicable to the subject property per Section 707(4)(viii) of the MPC.

A phasing schedule, where the development plan calls for development over a period of years. The phasing schedule shall show the proposed times within which applications for final approval of all phases of the planned riverfront development are intended to be filed. This phasing schedule must be updated annually, on the anniversary of its approval, until the development is completed and accepted.

The substance of covenants, grants and easements or other restrictions proposed, in a form and manner acceptable to the Borough Solicitor.

Where the Borough Engineer deems necessary, any of the additional requirements listed in § 22-303, Subsection 2, of the SALDO.

Single-family dwellings;

Townhouses;

Two-family dwellings;

Garden dwellings; and

Mid-rise apartments.

Retail stores having no more than 5,000 square feet of gross floor area;

Personal service businesses;

Business and professional offices;

Restaurants; and

River-oriented recreation and commercial uses, such as marinas, boat docks, storage and launching facilities, fishing piers or areas, observation areas, restaurants, specialty shops, and similar uses.

Parks and public recreation space.

Light industrial; and

Research and development facilities.

Residential Uses: 12 units per gross acre of land assigned to residential usage.

Nonresidential Uses: 18,000 square feet of gross floor area per acre.

Mixed-Use Structures: 18 dwelling units per acre. Nonresidential uses shall count every 1,000 square feet of gross floor area dedicated to nonresidential use as one dwelling unit.

For a building-mounted 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.

For a building-mounted 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.

For a building-mounted 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.

Ground-mounted systems may not exceed the permitted height of accessory structures in the zoning district where the solar PV system is to be installed.

If a building-mounted system is to be installed on any building or structure that is nonconforming due to height, the building-mounted system shall be permitted so long as the building-mounted system does not extend above the peak or highest point of the roof to which it is mounted and so long as it complies with the other provisions of this chapter.

If a building-mounted system is to be installed on a building or structure on a nonconforming lot that does not meet the minimum setbacks required and/or exceeds the lot coverage limits for the zoning district in which it is located, a building-mounted system shall be permitted so long as there is no expansion of any setback or lot coverage nonconformity and so long as it complies with all other provisions of this chapter.

If a ground-mounted system is to be installed on a lot containing a structure that is nonconforming because it does not meet all minimum required setbacks, a ground-mounted system that complies with all other provisions of this chapter shall be permitted if the system does not increase any encroachment into setbacks.

If a ground-mounted system is to be installed on a lot that is nonconforming because it violates zoning district requirements other than setbacks, then a variance must be obtained for the proposed installation.