Economy City Zoning Code
ARTICLE XII
Supplemental Regulations
§ 180-67 Applicability.
§ 180-68 Performance standards.
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.
§ 180-69 Buffer areas and landscaping.
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.
§ 180-70 Special yard requirements.
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.
§ 180-71 Permitted projections into required yards.
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.
§ 180-72 Height exceptions.
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.
§ 180-73 Drive-through 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.
§ 180-73.1 Mobile food service.
[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.
§ 180-74 Temporary construction trailers, model homes or sales offices.
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.
§ 180-75 Agriculture and related activities.
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."
§ 180-76 Storage.
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.
§ 180-77 Forestry.
[Amended 12-12-2023 by Ord. No. 481]
Forestry, as defined herein, must be conducted in accordance with the following provisions.
A.
An application for a zoning permit is required for all proposed timber harvesting activities where the value of the trees, logs, or other timber products removed exceeds $2,000.
B.
These provisions do not apply to the cutting of trees for the personal use of the landowner or for precommercial timber stand improvement.
C.
No timber harvesting, as defined herein, may commence prior to the issuance of a zoning permit.
D.
Application requirements. In addition to the requirements for a zoning permit of § 180-111, the application for timber harvesting must include a logging plan that complies with all the following:
(1)
Every landowner on whose land timber harvesting is to occur must prepare a written logging plan in the form specified by this section. No timber harvesting is permitted to occur until the plan has been prepared and provided to the municipality.
(2)
Plan requirements. The logging plan must include the following:
(a)
The design, construction, maintenance, and retirement of the access system, including haul roads, skid roads, skid trails, and landings.
(b)
The design, construction, and maintenance of water control measures and structures, such as culverts, broad-based dips, filter strips, and water bars.
(c)
The design, construction, and maintenance of stream and wetland crossings.
(3)
Map requirements. The logging plan must include a sketch map or drawing containing the following information:
(a)
Site location and boundaries, including both the boundaries of the property on which the timber harvest will take place and the boundaries of the proposed harvest area within that property.
(b)
Significant topographic features related to potential environmental problems.
(c)
Location of all earth disturbance activities, such as roads, landings, and water control measures and structures.
(d)
Location of all crossings of waters of the commonwealth.
(e)
The general location of the proposed operation to municipal and state highways, including any accesses to those highways.
(4)
Compliance with state law. The logging plan must address and comply with the requirements of all applicable state regulations including, but not limited to, the following:
(a)
Erosion and sedimentation control regulations contained in Title 25 Pennsylvania Code, Chapter 102, promulgated pursuant to the Clean Streams Law (35 P.S. § 691.1 et seq.).
(b)
Stream crossing and wetlands protection regulations contained in Title 25 Pennsylvania Code, Chapter 105, promulgated pursuant to the Dam Safety and Encroachments Act (32 P.S. § 693.1 et seq.).
(5)
Relationships of state laws, regulations, and permits to the logging plan. Any permits required by state laws and regulations must be attached to and become part of the logging plan. An erosion and sedimentation pollution control plan that satisfies the requirements of Title 25 Pennsylvania Code, Chapter 102, may also satisfy the requirements for the logging plan and associated map specified in Subsection D(2) and (3) of this section, provided that all information required by these subsections is included or attached.
E.
Notification of commencement or completion.
(1)
Notice to Borough. For all timber harvesting operations that are expected to exceed one acre, the landowner must notify the municipality enforcement officer at least seven business days before the operation commences and within five business days before the operation is complete. No timber harvesting is permitted to occur until the notice has been provided. Notification must be in writing and specify the land on which harvesting will occur, the expected size of the harvest area, and, as applicable, the anticipated starting or completion date of the operation.
(2)
Notice to adjoining property owners. For all timber harvesting operations that are expected to exceed one acre, the landowner must provide mailed, written notification to the owners of all abutting properties and those immediately across a street or way at least seven business days before the operation commences and within five business days before the operation is complete. The landowner must provide a copy of this written notification to the Borough.
F.
Compliance with logging plan. The provisions of the plan must be followed throughout the operation. The plan must be available at the harvest site at all times during the operation and must be provided to the Code Enforcement Officer upon request. The landowner and the forestry operator are jointly and severally responsible for complying with the terms of the logging plan.
G.
Forestry practices. All timber harvesting operations in the Borough must comply with the following requirements:
(1)
Felling or skidding on or across any public thoroughfare is prohibited without the express written consent of the municipality or the Pennsylvania Department of Transportation, whichever is responsible for maintenance of the thoroughfare.
(2)
All tops and slash must be removed from within 25 feet of any public or private right-of-way providing access to adjoining residential property.
(3)
All tops and slash between 25 and 50 feet from a public or private roadway providing access to adjoining residential property or within 50 feet of adjoining residential property must be lopped to a maximum height of four feet above the ground.
(4)
No tops or slash are permitted to remain on or across the boundary of any property adjoining the operation without the consent of the owner thereof.
(5)
Timber harvesting litter, as defined herein, must be removed from the site before it is vacated by the forestry operator.
H.
Responsibly for road maintenance and repair; road bonding. The regulations of Chapter 175, Article IV, §§ 175-18 through 175-22, regarding vehicle weight limits, will apply. The landowner and forestry operator are responsible for repairing any damage to municipality roads and for providing a surety as agreed to in the excess maintenance agreement executed with the overweight vehicle permit per § 175-20. The provisions regarding road bonding shall be the same as set forth in Chapter 189 of the Pennsylvania Department of Transportation Regulations, which chapter is hereby incorporated and made a part of this section by this reference thereto.
§ 180-78 No-impact home-based business.
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.
§ 180-78.1 Oil and gas operations and impoundments used exclusively for oil and gas operations.
[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 § 180-66EE(2) of this chapter for a conditional use application; however, the procedure for approval of a conditional use application shall not apply.
§ 180-78.2 Solar photovoltaic system.
[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.
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(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.
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(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.
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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.