Noises emanating from construction or maintenance activities between 7:00 a.m. and 9:00 p.m.

Noises caused by safety signals, warning devices and other emergency-related activities or uses.

Noises emanating from public or private recreational uses between 7:00 a.m. and 11:00 p.m., excluding those produced by amplification, motorized vehicles or other mechanical sources.

Noises emanating from the delivery of public services such as street maintenance or snow removal.

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.

The Zoning Officer shall investigate any purported violation of the performance standards and, subject to the approval of the 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 comply with the performance standards, said costs shall be borne by the Borough.

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 Article IX below and a reasonable length of time to correct the violation. Failure to correct the violation shall be subject to the penalty provisions of this all result in the revocation of the occupancy permit for the facility or use.

All required buffer areas with proposed plantings (identifying each proposed tree, bush or shrub by type and size), drawn to scale and identifying the height and width of any proposed mounds.

All required planting independent of any buffer area requirements (identifying each tree, bush or shrub by type and size, the use of sod or seeding, etc.), drawn to scale.

Any existing trees or vegetation that is to be preserved, accurately identifying type, size and their relative location.

Any existing trees or vegetation that will be removed, accurately identifying their type, size and relative location.

Noninvasive species;

Not more than 30% of any single plant genus; and

Living, disease free, undamaged, and free of material defects.

Existing preserved trees must be greater than a six-inch diameter caliper;

Existing vegetation is clearly indicated on the landscaping plan;

Existing vegetation is not an invasive species; and

Existing vegetation is in good health or can reasonably be brought into good health.

Street trees shall be planted at a rate of one tree per 20 linear feet of frontage. Trees shall be planted in the tree lawn or front yard not closer than three feet from the front lot line.

Tree plantings shall not be placed in the sight clearance for visibility triangle.

Buffer areas may be located within applicable side and rear yard setbacks along at least 80% of the length of any lot line creating the boundary between a C zoning district and any other zoning district and any mixed-use or multistory residential buildings in any zoning district.

Buffer yards shall have a minimum depth of 10 feet as measured from the property line.

Buffer yards shall be landscaped with a combination of grass and mulched landscape beds, and shall be comprised of one row of planted landscape elements containing no fewer than the following buffer landscape elements:

In lieu of the continuous row of horizontal evergreen shrubs or hedges, earthen mounding shall be constructed in the buffer area.

Buffer yards may include a 100% opaque fence in accordance with applicable fence regulations in this code.

In instances where an existing structure houses the principal use of the property and is located within any required buffer area, a buffer area of not less than the minimum distance from the existing structure to the property line shall be required. This reduced buffer area width shall apply only to the yard area upon which the existing structure encroaches. If the existing structure is located within the required buffer area on one side of the building, the required buffer area shall apply on all other yard areas. All planting requirements shall be met regardless of the buffer area width.

When required by Chapter 179, Stormwater Management, of the Code of the Borough, stormwater management facilities and structures may be located within a buffer area; however, the existence of such facilities or structures shall not be a basis for a failure to meet the planting requirements in the buffer area.

A fence permit shall be obtained from the Borough Manager or their designee for the installation of all fences. A fence permit shall be required to change, alter or replace an existing fence.

The Borough’s approval of a fence shall in no way make it liable to a property owner or create any responsibility on the part of the Borough relative to the erection of a fence on, over, or within any easement.

Fences may be constructed on a lot line. All fences shall be constructed with structure elements (e.g., posts, beams) facing toward the property on which the fence is located and away from the lot line; provided, however, that if both property owners agree that the structural elements will face away from the property on which the fence is located and toward the lot line, then a letter signed by both property owners shall be provided to the Borough prior to approval.

Unless located on property used for commercial agriculture, or unless otherwise approved by the Board of Appeals, no fence shall contain an electric charger or contain Constantine or barbed wire. Notwithstanding the foregoing, barbed wire, but not Constantine wire, may be included on fences in the side and rear yards of a property located in the C District.

All fences shall be mounted to the ground and no fence shall be mounted to the roof, parapet wall, or any other portion of a building; provided, however, that a ground-mounted fence may be attached to the wall of a building at its terminus.

Fences may be of any fencing material, which may include recycled materials, but shall not include sheathing, pallets, or items not originally intended to be used for fencing, in the rear and side yards of a lot.

Fences in the side and rear yards shall be no taller than six feet from the natural grade. In the C District, side and rear yard fences may be a maximum of eight feet in height as measured from the natural grade.

In front yards, fences may be no taller than four feet, shall be no more than 50% opaque, and shall be made only of wood (limited to cedar, redwood, southern pine, teak, or other similar wood species naturally resistant to decay or insects or treated with a preservative to effect a resistance to decay or insects), iron, or powder-coated aluminum.

No fence shall be located within or interfere with the sight triangle for vision clearance as set forth in the Borough’s Engineering Standards.

Signage is not permitted on any fencing except for a metal placard no greater than eight inches by eight inches in total and placed by the manufacturer or installer.

Temporary fences erected for a specific function and limited time duration shall be maintained in good condition and shall not require a permit. No temporary fencing material shall be used for permanent fencing.

Snow fencing shall not exceed four feet in height; shall be limited to plastic mesh or wood slat fencing.

Construction and/or demolition fencing to enclose an active construction or demolition site is permitted for the duration of the construction or demolition period.

All trash storage and collection areas on property used for other than a one-unit residential or two-unit residential use must be screened by a 100% opaque wood and/or masonry fence of a height at least 12 inches above the vertical height of the trash receptacle and in accordance with the Borough’s Engineering Standards for such enclosures.

Mechanical equipment or other utility hardware on roof, ground, or buildings shall be screened from public view with materials harmonious with the building, or a fully opaque wall of shrubs, or they shall be so located as not to be visible from any public ways.

At least 5% of the surface parking area shall be landscaped with plantings to include one deciduous tree for every 10 parking spaces in accordance with the tree requirements herein.

All interior landscaping shall be contained in landscape island that shall be installed below the level of the parking lot surface to allow for runoff capture; and

Planting strip planting shall include a minimum of one tree and three shrubs must be planted for every 35 feet of linear feet of planting.

The required five-foot landscaped area may be reduced to three feet when a three-foot high masonry wall, wrought iron or wood picket fence is erected.

FAA-mandated lighting associated with a utility tower or airport;

Lighting for the United States flag, Pennsylvania flag, a county or Borough flag, or any other flag not considered a flag sign;

Customary decorative lighting during the months of November, December, and January, provided that the lighting does not create unsafe glare on street rights-of-way;

Battery-powered emergency lighting;

Architectural lighting of 10 fixtures or fewer of 1,000 lumens or less per fixture;

Public safety lighting;

Streetlighting in the public right-of-way, provided that the streetlighting has a correlated color temperature of 2,500 Kelvins or less, except when employed specifically to illuminate a crosswalk, and provided that the fixtures are glare-free fully shielded; and

Residential garage, porch, and landscape accent lighting.

All structure(s), parking spaces, building entrances, traffic areas (both vehicular and pedestrian);

Vegetation that might interfere with lighting;

Adjacent uses that might be adversely impacted by the lighting;

All exterior lighting, including but not limited to, architectural, building-entrance, landscaping, flag, accent, etc.; and

A layout of all proposed fixtures by location, orientation, aiming direction, mounting height and type.

Light levels are specified, calculated and measured in footcandles. All footcandles values are maintained footcandles.

Measurements are to be made at ground level, with the light-registering portion of the meter held parallel to the ground pointing up.

The maximum light level of any light fixture cannot exceed 0.5 footcandle measured at the property line of any zoning district that has a residential use as a listed permitted use, 2.0 footcandles measured at the property line of any zoning district that does not have a residential use as a listed permitted use, and 2.5 footcandles at the property line of a parking lot.

Lighting must not be oriented to direct glare or excessive illumination onto adjacent properties, streets or sidewalks.

Light fixtures within parking, vehicular, and pedestrian areas may be no higher than 15 feet.

Light fixtures located within 50 feet of a property line of any zoning district that has a residential use as a listed permitted use may be no higher than 15 feet.

Light fixtures in parking and vehicular display areas must be full cutoff.

Decorative, noncutoff fixtures can be used when the maximum initial lumens generated by each fixture does not exceed 9,500 lumens;

If the unshielded fixture has all metal halide, fluorescent, induction, white high-pressure sodium and color-corrected high-pressure sodium lamps, the outer lamp envelope must be coated with an internal white frosting to diffuse light;

All metal halide fixtures equipped with a medium base socket must use either an internal refractive lens or a wide-body refractive globe; or

All noncutoff fixture open-bottom lights must be equipped with full cutoff fixture shields.

To the extent possible, as determined by the Zoning Officer, internal light sources within structured parking shall not be visible from the adjacent public right-of-way. Rooftop lighting for parking facilities shall be no more than 15 feet above the rooftop parking surface and shall be mounted a minimum of 15 feet in from the edge of the structure.

Floodlight fixtures must be either aimed down at least 45° from the horizontal.

Any floodlight fixture located within 50 feet of a street right-of-way must be mounted and aimed perpendicular to the right-of-way, with a side-to-side horizontal aiming tolerance not to exceed 15°.

All floodlamps emitting 1,000 or more lumens must be aimed at least 60° down from horizontal or shielded so that the main beam is not visible from adjacent properties or the street right-of-way.

Recessed fixture incorporating a lens cover that is either recessed or flush with the bottom of the canopy surface;

Lighting fixture incorporating shields or is shielded by the edge of the canopy itself;

Surface-mounted fixture incorporating a flat glass that provides a cutoff design or shielded light distribution;

Surface-mounted fixture measuring no more than two feet by two feet, with a lens cover that contains at least 2% white fill diffusion material; or

Indirect lighting where light is beamed upward and then reflected down from the underside of the canopy, provided that the fixture is shielded so that direct illumination is focused exclusively on the underside of the canopy.

Sport field lights shall not exceed 60 feet in height.

All lighting fixtures shall be equipped with an existing glare control package (e.g., louvers, shields, or similar devices) and aimed so that their beams are directed and fall within the primary playing or performance area.

The hours of operation for the lighting system for any game or event shall not continue more than one hour after the end of the game or event.

One parking space for every two residential dwelling units on the property.

One parking space for every 500 square feet of GFA of nonresidential use on the property; except that industrial, manufacturing, or warehouse uses shall be required to provide and maintain one parking space for every 2,500 square feet of GFA.

All required loading berths shall be located on the same lot as the use served.

In no case shall a loading berth be located in such a manner as to require loading/unloading vehicles to back into or maneuver within a public right-of-way or overhang adjacent property.

A plan shall be submitted and approved during the review process that shows how the loading will occur.

No permitted or required loading berth shall be located within 50 feet of the nearest point of intersection of any two streets.

Loading or unloading may not interfere with or encroach on fire and emergency vehicle lanes, parking areas, sidewalks, bike lanes, drive aisles or queuing areas.

Loading areas are not permitted within 100 feet of a residential dwelling.

Loading areas may not block required parking, or the associated circulation for required parking.

Loading areas must be located to the side or the rear of the building and may not be placed between the street and the building or any front facade of a building.

For local pickup and delivery trucks: 12 feet in width by 30 feet in length with a forty-five-foot maneuvering apron and shall have a vertical clearance of at least 12 feet. The maneuvering apron shall be at least 20 feet from the center line of the street.

For over-the-road tractor-trailers: 12 feet six inches in width by 60 feet in length with a seventy-foot maneuvering apron and shall have a vertical clearance of at least 15 feet. In no case, shall the loading berth be less than 145 feet from the center line of the street.

All stacking spaces must have a minimum width of 10 feet along straight segments, 12 feet along curved segments, and the stacking space length must be a minimum of 20 feet.

Drive-through lanes must be separated by striping and may not interfere with off-street parking or the lanes utilized for maneuvering in and out of off-street parking spaces.

Establishments with drive-throughs must provide a bypass lane whereby vehicles may circulate around drive-through lanes.

There must be one trash receptacle provided per drive-through lane.

Pedestrian walkways shall be clearly visible and be emphasized by enhanced paving or markings where they intersect drive-in or drive-through aisles.

The following regulations shall apply to menu boards and directional signage within drive-through facilities:

No accessory structure shall be erected or constructed prior to the erection or construction of the principal building, except for a temporary building incident to construction of the principal building.

No accessory buildings shall be located closer than three feet to a side or rear lot line.

A detached accessory building shall only be permitted in the rear yard. An accessory building connected by a breezeway or similar structure not less six feet in length shall be permitted in the side or rear yard. Accessory buildings shall be at least six feet from any dwelling situated on the same lot and shall not, in the aggregate, occupy more than 30% of the required rear yard.

An accessory structure may not exceed 1,000 square feet in total gross floor area unless all of the following are satisfied:

Nonbuilding accessory structures, such as public utility installations, walks, driveways, curbs, retaining walls, mailboxes, nameplates, lampposts, bird baths, flagpoles, and structures of a similar nature, are permitted in any front, side or rear yard.

An accessory dwelling unit (ADU) may be established only through new construction, conversion of an existing structure, addition to an existing structure, or conversion of an existing house to an ADU while simultaneously constructing a new primary dwelling on the site where there is adherence to all zoning regulations for both structures. A permit is required for the construction or addition of an ADU. The following standards apply to ADUs.

An accessory unit on the upper floors of the principal structure shall have an interior stairway to the primary entrance of the accessory unit. Secondary stairways may be located on the exterior, but not on the front exterior of the building.

Provided that the parking requirement is met for the principal one-unit dwelling, no additional parking is required.

All utilities extended to serve the ADU must be located underground.

A permit is required prior to the construction of all below-ground swimming pools with a depth greater than two feet.

Swimming pools are permitted in the side or rear yards only and must be set back at least 10 feet from side and rear property lines.

Every swimming pool shall be provided with a suitable draining method, and in no case shall waters from any pool be drained into the sanitary sewer system, onto lands of other property owners adjacent to land on which the pool is located, or in the general vicinity.

Swimming pools with a depth of more than two feet must be enclosed by a protective fence at least four feet in height. The fence must include self-closing, lockable gates or entrances when the pool is not tended by a lifeguard or an adult occupant of the primary residential structure. Openings in the barrier shall not allow passage of a four-inch or greater diameter sphere. Solid barriers, that do not have openings, such as masonry or stone wall, shall not contain indentations or protrusions except for normal construction tolerances and tooled masonry joints. Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is less than 45 inches, the horizontal members shall be located on the swimming pool side of the fence. Spacings between vertical members shall not exceed 1.75 inches in width. Where there are decorative cutouts within vertical members, spacing within the cutouts shall not exceed 1.75 inches in width.

Maximum mesh size for chain-link fences shall be a square of 2.25 inches unless the fence is provided with slats fastened at the top or the bottom that reduce the openings to not more than 1.75 inches.

Where the barrier is composed of diagonal members, such as a lattice fence, the maximum opening formed by the diagonal members shall not be more than 1.75 inches.

Access gates shall be equipped to accommodate a locking device. Pedestrian access gates shall open outward away from the pool and shall be self-closing and have a self-latching device. Gates other than pedestrian access gates shall have a self-latching device. Where the release mechanism of the self-latching device is located less than 54 inches from the bottom of the gate, the release mechanism and openings shall be located on the pool side of the gate at least three inches below the top of the gate and the gate and barrier shall have no opening greater than 0.5 inch within 18 inches of the release mechanism.

Where a wall of a dwelling serves as part of the barrier, one of the following conditions shall be met:

Within the R-A, R-S, and R-C Districts, the proprietor of a unit used for overnight lodging, private transient occupancies must also have their primary residence on the property on which the said unit is located.

No more than six guests over the age of 18 shall be allowed to stay on any property at any given time, irrespective of the number of units on the property.

All units must have operational fire extinguishers, smoke detectors and carbon monoxide detectors.

Guest stays within units shall not exceed 30 consecutive days.

No unit shall be used for overnight lodging, private transient occupancies for more than 25% of a calendar year.

The material is present on at least 50% of the total area of front elevations of all existing buildings within 1,000 feet of the subject building located along the same street frontage and the existing buildings were not constructed as part of a subdivision or common development scheme; and

The material is existing on more than one building located in the same district that has been constructed, expanded, or altered within the five-year time period immediately preceding the application.