Honey Brook City Zoning Code
PART 9
General Regulations
§ 27-901 Applicability.
[Ord. No. 247-2018, 9/17/2018]
A.
The provisions of this Chapter represent certain regulations and standards that are common to all zoning districts. Unless stated, the following common regulations shall govern in all districts and apply to all uses, whether uses by right, conditional uses, or uses by special exception. In the event that the provisions of this Chapter conflict with other provisions of this Chapter, the most restrictive provision shall apply.
§ 27-902 Lot, Yard and Height Requirements.
[Ord. No. 247-2018, 9/17/2018]
A.
Reduction of Lot Area. No lot shall be reduced through subdivision so that the area of the lot or the dimensions of the required yards shall be smaller than the requirements of the applicable zoning district.
B.
Modification of Front Yard Requirements. The front yard of a proposed building in any district may be decreased in depth to the average alignment or setback of existing buildings within 100 feet on each side of the proposed building, or to the average alignment or setback where a building exists within 100 feet on only one side of the proposed building, provided such calculation is limited to the same block. Such reduction may occur when the alignment of the existing building is less than the front yard requirement for the applicable district. In no case shall said front yard encroach within the legal right-of-way of a street.
C.
Projections into Required Yards. No building or structures or portion thereof shall be constructed within or shall project into any required yard in any district, except as follows:
2.
Open steps, bay windows and balconies may project no more than four (4) feet into a required yard. Fire escapes may project no more than eight (8) feet into a required yard.
3.
A terrace, patio or enclosed porch that does not extend above the level of the first floor of the building may be erected to extend into a required front or rear yard a distance of not more than ten (10) feet, provided that it shall not extend more than three-quarters (3/4) into the required setback.
4.
A projection from a building, using such building for support but not being enclosed or part of the living area of such structure, may extend into the required yard not more than ten (10) feet, provided that it shall not extend more than three- quarters into the required setback. Such projections may include overhanging eaves, gutters, cornices, chimneys, decks, or patios.
5.
A pump, light standard, air tower, water outlet, or similar installation of an auto service station or fuel dispensing facility, where permitted, may be placed within a required front yard, but in no case closer to a street line than twenty five (25) feet.
6.
Arbors, open trellises, and unroofed steps or terraces, and hanging flagpoles shall be permitted with no restrictions, except as provided in § 27-903.
7.
No other permanent structure shall project into the front yard.
8.
The front yard areas of all residential uses shall be maintained primarily as nonimpervious surfaces, covered by vegetation and/or mulching in order to minimize soil erosion, except that paved sidewalks may be provided across the width of the property and from the street to the residence, and a paved driveway and parking area up to twenty (20) feet wide and an adjacent turnaround may be provided within the front yard area.
9.
For commercial districts and uses, no projection shall obstruct pedestrian or vehicular circulation, visibility or access to buildings by emergency vehicles.
10.
For commercial districts and uses, awnings or movable canopies and awnings or movable canopies signs shall not project more than four (4) feet over a public walkway and the lower edge of such projecting structure shall not be less than eight (8) feet above the level of such walkway.
11.
For commercial districts and uses, no portion of a projection shall be located no closer than four (4) feet from a curb line.
D.
Corner Lots. A front yard, as provided for in the lot area, bulk, and coverage requirements for the district in which the lot is located, shall be required along each street on which a corner lot abuts. Accessory buildings shall be located behind the setback lines of both streets.
E.
Minimum Lot Width. Each lot in any district shall have a width at the street line of not less than sixty (60) percent of the required lot width at the building setback line.
F.
Height Restrictions. No building or structure shall exceed the height limitations of this Chapter, except for church spires, steeples or belfries, cupolas or domes, monuments, observation towers, clock towers, ventilation fans, air-conditioning equipment, roof structures for elevator or stairwells, transmission towers, water towers, chimneys, smoke stacks, flagpoles, masts, windmills, and other similar structures not devoted to human occupancy.
§ 27-903 Vision Obstruction.
[Ord. No. 247-2018, 9/17/2018]
No obstructions to visibility at intersections shall be permitted. A clear sight triangle shall be maintained in accordance with the design standards set forth in the Borough Subdivision and Land Development Ordinance [Chapter 22]. No fence, wall, or other structure shall be erected, allowed, or maintained and no hedge, tree, shrub, or other planting shall be planted or allowed to exist that dangerously obstructs sight distance at street intersections, vision for through traffic at private streets, driveways, street intersections or along streets.
§ 27-904 Federal and State Owned Property.
[Ord. No. 247-2018, 9/17/2018]
Whenever Federal or State-owned property is included in one or more zoning districts, it shall be subject to the provisions of this Chapter to the extent permitted by the Constitution and laws of the United States of America and the Commonwealth of Pennsylvania.
§ 27-905 Performance Standards.
[Ord. No. 247-2018, 9/17/2018]
A.
Air Quality; Emission of Dust, Dirt, Fumes, Vapors, and Gases.
1.
The emission of dust, dirt, fly ash, fumes, vapors, or gases which can cause damage to human health, to animal, or vegetation or to other forms of property, or which can cause any soiling or staining of persons or property at any point beyond the lot lines of the use creating the emission is prohibited.
2.
There shall be no emission of smoke, ash, dust, fumes, vapors, gases or other matter toxic or noxious to air which violates the Pennsylvania Air Pollution Control Laws, including the standards set forth in the Standards for Contaminants (25 P.S. § 123) and the Ambient Air Quality Standards (25 P.S. § 131.3), and Pennsylvania Department of Environmental Protection, "Rules and Regulations."
3.
Visible air contaminants shall comply with the Pennsylvania Department of Environmental Protection, "Rules and Regulations."
4.
No user shall operate or maintain or be permitted to operate or maintain any equipment, or device which will discharge contaminants to the air of quality or quantity which will violate the limits prescribed herein and by the Pennsylvania Air Pollution Control Laws, unless the user shall install and maintain in conjunction therewith such control as will prevent the emission into the open air of any air contaminant in a quantity that will violate any provision of this Chapter.
5.
No commercial or industrial user shall cause, allow, permit, or maintain any bonfire, junk fire, refuse fire, salvage operations fire, or any other open fire within the Borough, and shall be in accordance with any State regulations. Residential activities of a similar nature shall be in accordance with the Honey Brook Borough Open Burning Ordinance [Chapter 7, Part 1].
6.
The ambient air quality standards for the Commonwealth of Pennsylvania shall be the guide to the release of airborne toxic materials across lot lines.
B.
Fire and Explosion Hazards.
1.
All activities and all storage of flammable and explosive material at any point shall be provided with adequate safety devices against the hazard of fire and explosion, and adequate firefighting and fire suppression equipment, and devices as detailed and specified by the laws of the Commonwealth of Pennsylvania.
2.
All buildings and structures and activities within such buildings and structures shall conform to applicable Borough codes and ordinances. Any explosive material shall conform to the requirements of Pennsylvania Department of Environmental Protection, "Rules and Regulations," for storing, handling and use of explosives.
C.
Glare and Heat.
1.
No direct or sky-reflected glare from high temperature processes, such as combustion, welding or otherwise, shall be permitted beyond the lot line on which the activity is situated. These regulations shall not apply to signs or floodlighting of parking areas or surveillance, security, or safety lighting otherwise in compliance with § 27-913 of this Chapter.
2.
No floodlighting or high-intensity lighting, except for surveillance, security, safety lighting shall be permitted in any residential district after 10 p.m. prevailing time.
3.
There shall be no emission or transmission of heat or heated air discernible beyond the lot line on which the activity is situated.
D.
Waste Disposal. There shall be no discharge at any point into any public or private sewage system, or watercourse, or into the ground, of any liquid and solid waste materials in such a way or of such a nature, as will contaminate or otherwise cause the emission of hazardous materials in violation of the laws of Borough and Pennsylvania Department of Environmental Protection, Rules and Regulations, or other applicable State and Federal laws, rules, and regulations.
E.
Noise.
1.
Noise levels shall be maintained at a level which is not objectionable due to intermittence, frequency or intensity and shall not exceed the standards established by this Section. No person shall operate or cause to be operated on private or public property any source of continuous sound (any sound which is static, fluctuating or intermittent with a recurrence greater than one time in any fifteen (15) second interval) in such a manner as to create a sound level which exceeds the limits set forth here when measured at or within the lot line of the receiving land use.
2.
Sound levels measured at the lot line housing the activity producing the sound by a sound level meter shall not exceed fifty-five (55) decibels abutting residential uses, sixty-five (65) decibels abutting commercial, and seventy (70) decibels abutting industrial uses at any time. However, sound levels at property lines adjacent to residential uses or for residential uses shall not exceed fifty (50) decibels between the hours of 10 p.m. prevailing time and 7 a.m. prevailing time.
3.
The maximum permissible sound levels by the receiving land use category shall not apply to the following noise sources:
a.
Emergency alarm signals for the purpose of alerting persons to the existence of an emergency.
b.
Work to provide, repair, or replace electricity, water or other public utilities involving public health or safety.
c.
Normal and legally permitted residential activities customarily associated with residential use.
d.
Domestic power tools.
e.
Temporary activities involving construction and demolition activities.
f.
Agriculture.
g.
Motor vehicle operations on public streets. Such noise shall be regulated by Pennsylvania Transportation regulations governing established sound levels.
h.
Public celebrations or activities authorized by the Borough.
i.
The unamplified human voice.
F.
Odor. No uses, except agricultural operations, shall emit odorous gases, or other odorous matter in such quantities to be offensive at any point on or beyond its lot lines. Any process which may involve the creation or emission of any odors shall be provided with a secondary safeguard system in order that control will be maintained if the primary safeguard system should fail.
G.
Vibration. No vibration shall be produced which is transmitted through the ground and is discernible by a normal individual by such direct means as, but not limited to, sensation by touch or visual observation of movement without the aid of instruments beyond the lot lines.
H.
Electrical, Radio, and Electromagnetic Disturbance.
1.
There shall be no radio or electrical disturbance, except from domestic household appliances, adversely affecting the operation of any equipment at any point other than equipment belonging to the creator of such disturbance.
2.
No use, activity, or process shall be conducted which produces electromagnetic interference with normal radio or television reception from off the lot on which the activity is conducted.
I.
Radioactivity.
1.
There shall be no activities which emit dangerous levels of radioactivity at any point.
2.
No operation involving radiation hazards shall be conducted which violates federal regulations and standards. In addition, any proposed use which incorporates the use of radioactive material, equipment or supplies, shall be in strict conformity with Pennsylvania Department of Environmental Protection, "Rules and Regulations," or other applicable State and Federal laws, rules, and regulations.
J.
Electrical, Diesel, Gas or Other Power. All uses requiring power shall be operated so that the service lines, substation, or other structures and equipment shall conform to the most acceptable safety requirements recognized by the Pennsylvania Bureau of Labor and Industry, and shall be constructed to be an integral part of the buildings with which it is associated. If visible from adjacent residential lots, it shall be screened in accordance with § 27-908.C.1.
K.
Water Use. All water requirements shall be reviewed and approved by the water authority which controls the service area for the Borough.
L.
Ground and Water Contamination. No materials or wastes shall be deposited upon a lot in such form or manner that they may be transferred off the lot by natural causes or forces, nor shall any substance which can contaminate a stream or watercourse or otherwise render such stream or watercourse undesirable as a source of water supply or recreation, or which will destroy aquatic life, be allowed to enter any stream or watercourse.
M.
General Public Health and Safety. No use shall create any other objectionable condition in an adjoining area which will endanger public health and safety, or be detrimental to the proper use of the surrounding area.
§ 27-906 Outdoor Storage and Display.
[Ord. No. 247-2018, 9/17/2018]
B.
All organic refuse or garbage shall be stored in tight, vermin-proof containers. In multi-family developments of greater than ten (10) units, commercial and industrial developments, garbage storage shall be centralized to expedite collection and enclosed on three sides by screening or plantings.
C.
No materials or wastes shall be deposited upon a lot in such form or manner that they may be transported off the lot by natural causes or forces, nor shall any substance which can contaminate a stream or watercourse, or otherwise render such stream or watercourse undesirable as a source of water supply or recreation, or which will destroy aquatic life, be allowed to enter any stream or watercourse.
D.
Unless otherwise permitted by this Chapter, no more than one vehicle without a license or without proof of inspection shall be stored outside per lot.
E.
Outdoor display and storage areas shall occupy an area of no more than one-half (1/2) the allowed building coverage in the district in which it is located, unless otherwise provided by this Section.
F.
No outdoor storage or display of merchandise, articles, materials, goods or equipment shall be permitted beyond the front lines of the building, within the required yard areas, street right-of-way, parking areas, sidewalks, or other areas intended for pedestrian or vehicular use, except in the case of a sidewalk sale, garage sale, flea market, or public auction, or as permitted for commercial uses per subsection H, below, or for commercial and industrial uses per subsection I, below.
G.
Residential Outdoor Storage.
1.
On all residential lots, irrespective of the zoning district, recreational vehicles or trailers designed for use as vacation travel trailers shall be parked or stored in a carport or enclosed building, or within a rear yard or side yard, and shall be located no closer to a property line than the required setback lines for accessory uses for the applicable district; provided, however, that such vehicle may be parked anywhere on the lot for a period not to exceed twenty-four (24) hours during loading and unloading. No such vehicle shall be used for dwelling purposes when parked or stored on any residential lot.
2.
The use of unlicensed trailers and intermodal shipping containers for long-term storage shall be prohibited on any residential lot.
3.
Storage within the front yard of any residential lot is limited to the use of temporary structures, buildings, or uses, per the requirements of Section 27-1003.Q.
H.
Outdoor Display for Commercial Uses. Outdoor display of merchandise available for retail sale as part of a permitted commercial use may be permitted as follows:
1.
Outdoor display of salable merchandise shall occur only during regular business hours of the use in question and all materials and products that are displayed outdoors shall be moved indoors or to a screened outdoor storage area, in accordance with § 27-908, behind the building line at the close of business and during nonbusiness hours.
2.
Display of saleable merchandise in front of a commercial use on public sidewalks shall be permitted where there is an area of not less than four (4) feet in width of a linear pathway of clear sidewalk free of all outdoor display of merchandise and available for safe pedestrian travel. This area shall remain free and clear of all outdoor display of salable merchandise. The remainder of the public sidewalk outside of this area may be available for outdoor display of salable merchandise.
3.
Outdoor display of saleable merchandise shall not be placed within required parking areas or spaces, shall not be located as to interfere with pedestrian or vehicular traffic, and shall not be displayed in a manner as to interfere with or provide a potential hazard or distraction to automotive traffic. The outdoor display of merchandise shall not interfere with the sight lines of traffic, as per § 27-903, and shall not impair the visibility of any signage.
4.
Merchandise shall not be displayed outdoors in a manner that will result in the merchandise falling into the street or required area of clear sidewalk, or blowing, spilling, or otherwise becoming hazardous or a public nuisance.
5.
Any merchandise that is placed on the public sidewalk or right-of-way in violation of this Section or that otherwise constitutes a public hazard may be removed by the Borough with or without notice to the owner.
6.
No merchandise shall be displayed outdoors that is pornographic, of an adult use in nature, or has explicit depictions of violence.
7.
Outdoor storage display of saleable goods in the rear yard of commercial uses shall be unrestricted but shall conform to applicable provisions in this Chapter.
8.
Products in connection with adult commercial uses shall not be displayed outdoors.
I.
Outdoor Storage for Commercial and Industrial Uses.
1.
Outdoor storage facilities for fuel, raw materials and all such products shall be enclosed with an approved safety fence of adequate sufficient construction and compatible with the use, buildings, and landscaping on the lot. Such materials or product shall be stored to a maximum height of fifteen (15) feet, and such areas shall be included in the calculation of total impervious surface area of a site. In addition to a fence, bulk storage tanks shall be enclosed by a berm to contain potential spillage.
2.
No highly flammable or explosive liquids, solids, or gases shall be stored in bulk above ground, except the following which shall meet the National Fire Code:
a.
Tanks or drums of fuel connected directly with and located and operated on the same lot as the energy devices or heating appliances they serve.
b.
Tanks or drums for storage of not more than 300 gallons of fuel oil (other than that used for home heating) or gasoline or diesel fuel, provided such tanks are located no closer than twenty-five (25) feet to any building or lot line or fifty (50) feet from any street line.
3.
For any permitted commercial or industrial use, storage of materials, equipment or vehicles, but not including parking and similar activities, shall generally be carried on within a building and shall meet the provisions of this Section and other applicable regulations of this Chapter, except that additional outdoor storage and display area for such uses may be authorized by the Borough where all of the following conditions are met:
a.
The commercial or industrial use involved traditionally employs long-term outdoor storage including uses such as lumber yard, junkyard, nursery/greenhouse, and automobile retail sales.
b.
Such storage is needed for the successful operation of the use.
c.
The proposed site is suitable for outdoor storage.
d.
The applicant can demonstrate that indoor storage is not practical.
e.
The storage shall be located outside of required yard areas, off-street parking areas, and off-street loading areas.
f.
The storage shall comply with all applicable setback requirements and shall cover only that percentage of total lot area which is deemed practical and feasible in the opinion of the Zoning Officer.
g.
The storage areas shall be located and designed so as not to interfere with the operation and function of stormwater management facilities, including all basins, drainage swales, and water quality measures.
h.
No intermodal shipping containers shall be stacked on a lot or parcel.
j.
Any establishment which furnishes shopping carts as an adjunct to shopping shall provide definite areas within the building and parking area for storage of said carts. Each designated storage area shall be enclosed by a barrier at least as high as the height of the handles on a shopping cart, and shall be clearly marked for storage of shopping carts. All shopping carts shall be stored indoors, or otherwise secured during non-operating hours.
§ 27-907 Fences, Walls and Hedges.
[Ord. No. 247-2018, 9/17/2018]
A.
Fences, walls, and hedges that are in conformance with this Chapter and other applicable ordinances are allowed. Fences and walls shall be constructed within the property lines of the lot being enclosed by such fence or wall.
B.
A permit is required for the erection of any fence or wall proposed to be twenty-four (24) inches in height or higher. A fee shall be paid for the inspection and issuance of a permit for the erection of any such fence or wall. Such fee shall be established by resolution by the Council of the Borough of Honey Brook, which fee may also be changed from time to time by resolution.
C.
Fences and walls may be erected, altered, and maintained within the yards, excluding required buffer yards, provided that any such fence in the front yard shall not exceed three and one-half (3.5) feet in height; and any fence or wall in the side or rear yard shall not exceed six (6) feet in height, except as permitted in this Chapter. Retaining walls, constructed for the express purpose of holding back or supporting earth, shall be exempted from said height provisions.
D.
A fence shall have the finish side facing adjacent properties.
§ 27-908 Buffering and Screening.
[Ord. No. 247-2018, 9/17/2018]
A.
The following standards are hereby established to create a transition between potentially incompatible land uses and to reduce conflicts between these uses:
1.
Applicability. Buffer areas shall be located between uses defined by this Section and shall be required in addition to the landscaping requirements of this Section. Buffer areas shall be classified as Class A, B, C or D Buffer, and shall be required between the following uses (inclusive of on-site parking and loading/unloading areas):
a.
Class A Buffer. Any development consisting of 10 or more multi-family dwelling units, single-family attached dwelling units (townhouses), or mobile home parks adjoining any residentially zoned district, or residential use, shall provide a Class A buffer.
b.
Class B Buffer. Any commercial use or office use or any off-street parking facility that is the principal use of a lot, adjoining any residentially zoned district or residential use shall provide a Class B buffer.
c.
Class C Buffer. Any industrial use, unless otherwise specified in this Chapter, outdoor storage areas, utility uses, or agricultural uses, adjoining any residentially zoned district or residential use shall provide a Class C buffer.
2.
Other uses determined to be potential conflicts shall provide the Buffer Class specified by the Borough Council, upon recommendation by the Planning Commission.
3.
Buffer Class Standards. After determining the required buffer class, the applicant shall select an appropriate planting option listed below. Plantings are not required to be aligned on property or right-of-way boundaries, rather, the applicant is encouraged to site plantings as necessary to achieve the optimal screening level. Plant materials shall be selected from the Approved Plant List included as an appendix to the Chapter.
a.
Class A. One canopy tree every thirty (30) feet, plus one evergreen every forty (40) feet of boundary; or one canopy tree every sixty (60) feet, plus one flowering tree every forty (40) feet, plus one evergreen every forty (40) feet of boundary.
b.
Class B. One evergreen every twenty (20) feet, and one flowering tree every forty (40) feet of boundary; or one canopy tree every forty (40) feet, and one evergreen tree every thirty (30) feet plus one flowering tree every sixty (60) feet of boundary.
c.
Class C. One evergreen every twenty (20) feet, plus one (1) berm four (4) feet high; or six (6) foot high cedar or spruce fencing with one (1) flowering or evergreen tree every twenty (20) feet of boundary.
d.
Class D. In addition to required fencing of at least six (6) feet in height, the following plantings shall be provided between the fence and street or property line: one canopy or flowering tree at an average of one tree every thirty (30) feet, plus one evergreen tree at an average of one tree every twenty (20) feet; or one evergreen tree at an average of one (1) tree every twenty (20) feet, plus one shrub every five (5) feet. The Class D buffer yard width shall be the setback specified for the required fence for the individual use in Part 10, "Supplemental Regulations."
4.
Plant Materials.
a.
Each plant option listed in paragraph 3, above, may use any of the plant materials listed in the approved plant list included as an appendix to this Chapter. For reasons of permanency and resistance, a mixing of two or more varying plant materials shall be required in meeting the requirements of this Section. Borough Council, upon recommendation by the Planning Commission, may permit other plant types if they are hardy to the area, are not subject to blight or disease, and are of the same general character and growth habit as those listed. All planting materials shall meet the standards of the American Association of Nurserymen.
b.
Where it is determined that, due to topography or other factors, the buffer classes prescribed in paragraph B, above, do not alone provide an adequate buffer between adjoining incompatible uses, the planting shall be placed upon a berm at a height of three (3) to five (5) feet to increase its effectiveness.
c.
Existing plantings, woodlands, hedgerows, topography, or man-made structures can reduce or eliminate the buffering requirements if they partially or completely achieve the same level of screening as the planting requirements outlined in this Section. This determination shall be made at the discretion of the Borough Council, upon recommendation by the Planning Commission.
d.
Existing trees within the required buffer yard greater than three (3) inches in caliper or greater than eight (8) feet in height shall be preserved to the extent feasible. Such trees may be counted towards required plant materials, as determined by the Borough Council, upon recommendation by the Planning Commission.
e.
Required plantings for buffering chosen shall not interfere with pre- existing overhead wiring or other pre-existing overhead permanent structures.
B.
General Buffering Requirements.
1.
Buffer yards shall be maintained and kept clean of all debris, rubbish, weeds and tall grass.
2.
Planting in the buffer area shall be installed and thereafter maintained by the property owner. Required buffer plantings shall not be removed without the prior approval of the Borough. If such plantings are removed, the Borough may require that they be replaced, in kind, at the expense of the property owner.
3.
Plant materials required within the buffer area shall be assured by a performance guarantee posted with the Borough in an amount equal to the estimated cost of the plant materials. Such guarantee shall be released only after the passage of the second growing season following planting.
4.
The locations, dimensions, and spacing of required plantings shall be adequate for their proper growth and maintenance, considering sizes of such plantings at maturity and their present and future environmental requirements, such as soil, pH, moisture, and sunlight. The buffer planting shall be so placed that, at maturity, vegetation extends not closer than one (1) and one-half (1/2) feet from any street right-of-way.
5.
A clear sight triangle shall be maintained at all street intersections and at all points where private accessways intersect public streets.
6.
No structures may be placed within the buffer area and no manufacturing or processing activity or storage of materials shall be permitted, except for the following:
a.
Landscaped treatments, such as berms, fences or walls which aid in screening and do not conflict with the character of adjoining properties, including drainage, light, and air flow, or block clear sight distance required at intersections.
b.
Structures relating to and used for landscaping, such as tree wells, tree guards, tree grates and retaining walls to preserve stands or specimens of existing trees or used for other functional purposes.
c.
Roads which provide direct ingress/egress for the tract or lot, including appurtenant structures within road rights-of-way, such as curbs, sidewalks, signs, lighting or benches.
d.
Underground utilities.
7.
Mechanical equipment, storage structures, garbage and waste disposal facilities, and similar facilities shall be fully screened from view from adjacent streets or residential districts or uses, through the use of fences or buffering planting materials.
8.
The applicant is encouraged to install buffer plantings in naturalistic groupings rather than in linear strips, if a satisfactory buffer can be achieved.
9.
Where buffering is required, a landscape plan for the new use or development shall be submitted to the Borough which displays all proposed plantings required to buffer the use or development and how the requirements of this Section have been achieved on that property for that particular use or development.
10.
Where earthen berms are required to provide effective screening, the specified elevation of the berm shall be that achieved after the earth has settled.
11.
To the extent possible, landscaping around detention basins shall be naturalized (e.g., clusters of evergreens interspersed with groupings of deciduous trees and shrubs) and designed to blend with the surrounding environment. When buffering storm water detention basins, trees shall not be planted on the basin berm or dam, however, shrubs may be planted in this area.
12.
Buffering standards shall not apply to front yards of lots, except for Class D Buffers.
C.
General Landscaping Requirements.
1.
Any part of a lot which is not used for buildings, other structures, loading or parking spaces and aisles, sidewalks and designated storage areas shall be planted with an all season ground cover approved by Borough Council. It shall be maintained to provide an attractive appearance, and all non-surviving plants shall be replaced.
2.
Plant materials shall be chosen from the approved plant list included as an appendix to this Chapter, to prevent soil erosion and subsequent sedimentation.
D.
Landscaping Requirements for Off-Street Parking. The following standards shall be required for all off-street parking facilities having greater than five (5) parking spaces.
1.
Raised planting islands shall be located at each end of a parking space row and between every twelve (12) consecutive parking spaces in a row. Planting islands shall be a minimum of three (3) feet in width, extend the length of a parking space, and shall be planted with one shade tree per island, with such trees selected from the list in the approved plant list included as an appendix to this Chapter. Existing trees can be credited toward this requirement if in good condition and located as required.
2.
Perimeter plantings shall be provided around all parking areas and shall have a minimum width of three (3) feet. Such areas shall meet the requirements of Class B buffer of this Section.
3.
Perimeter planting strips and raised planting islands shall be protected by curbs.
4.
Surface treatment of raised planting islands and perimeter plantings shall be grass, ground cover, or low maintenance shrubs, or other Borough approved plant materials.
§ 27-909 Off-Street Parking Standards.
[Ord. No. 247-2018, 9/17/2018]
A.
Purpose.
1.
To establish standards for the layout, location, and amount of off-street parking in terms of land use in the Borough.
2.
To provide adequate parking facilities for all permitted uses in the Borough.
3.
To promote the allocation of parking spaces to increase public safety and convenience, and help lessen congestion, aid in more orderly traffic flow, and promote economic opportunity.
B.
Applicability.
1.
Off-street parking areas in accordance with this Section shall be provided whenever:
a.
A building is constructed or new use is established.
b.
The use of an existing structure is changed to another use requiring more parking facilities, as specified by subsection D, below.
c.
An existing structure or use is altered, enlarged, or substantially improved so as to increase the amount of parking spaces required, as specified by subsection D, below.
2.
Structures and uses in existence on the date of adoption of this Chapter shall not be subject to the provisions of this Section, except as provided in subsection 1.c, above. No parking facilities existing at the effective date of this Chapter serving existing buildings or uses in the Borough shall subsequently be reduced below the requirements of this Section.
3.
All land uses proposed in the Borough subsequent to the adoption of this Chapter shall be in conformance with this Section. Off-street parking facilities provided to comply with the provisions of this Chapter shall not subsequently be reduced below the requirements of this Section.
4.
All required parking facilities shall be provided and maintained for as long as the use which they are designed to serve remains in existence.
C.
General Requirements.
2.
Use of Parking Area. No parking area shall be used for any use that interferes with its availability for the parking need it is required to serve.
3.
Landscaping. Landscaping requirements for off-street parking facilities shall conform to § 27-908.D.
4.
Off-Street Parking in Required Yards. Parking areas may occupy no more than fifty (50) percent of any required front or side yard.
D.
Required Off-Street Parking Spaces.
1.
Uses not specifically listed in this Section shall comply with the parking standards for the most similar use.
2.
Where a building or use contains or includes more than one type of use, the number of parking spaces required shall be the sum of the parking requirements for each separate use, except as stipulated in the options in subsection E., below.
3.
The following off-street parking provisions shall constitute the minimum parking spaces required for the uses indicated below, hereafter erected, converted or otherwise established in any district. Where computation result in fractions, a fraction of one-half or more shall be rounded up, and a fraction of less than one-half rounded down. In addition, one space for each company vehicle stored on the premises shall be provided. In this Section, "s.f." shall be interpreted as "square feet" and "GLA" shall be interpreted as "gross leasable area," which is defined in Part 2.
a.
The following parking standards shall apply for residential uses:
Residential Uses | Minimum Off-Street Parking Requirement (number of spaces) | |
|---|---|---|
Single Family detached | 2 per dwelling unit | |
Duplex or Twin | 2 per dwelling unit | |
Multi-family | 2 per dwelling units plus 1 for every 2 dwelling units for visitor parking | |
Townhouse | 2 per dwelling unit, plus 1 per every 5 dwelling units to accommodate visitor parking | |
Residential Conversion | 2 per dwelling units plus 1 for every 2 dwelling units for visitor parking | |
Mobile Home Park | 2 per dwelling unit, plus 1 per every 5 manufactured home for visitor parking | |
Supplemental Dwelling Unit | 1 per Supplemental Dwelling Unit | |
Upper Floor Dwelling Unit | 1 per bedroom | |
Home Occupation | ||
1) | Major, with the exception of family day care home which shall be in accordance with § 27-1011 | No additional parking requirements beyond those for the primary residential use. |
2) | Minor | No additional parking requirements beyond those for the primary residential use. |
Boarding/Rooming House | 1 per rental room. | |
Nursing home | 1 per every 2 patient beds, plus 1 space per employee on the largest shift. | |
Group Housing | 1 per 3 beds, plus 1 per employee on the largest shift. | |
Retirement Housing | 1.5 per dwelling unit, plus 1 per every 5 dwelling units to accommodate visitor parking | |
b.
The following parking standards shall apply for commercial uses:
Commercial Uses | Minimum Off-Street Parking Requirement (number of spaces) | |
|---|---|---|
Automobile sales and service | 1.0 per 500 s.f. GLA. (Outdoor display areas for auto sales shall not be included in the required parking spaces.) | |
Bank or similar financial Institution | 1 per 250 s.f. for customer service, plus 1 per 300 square feet devoted to administration, plus stacking requirements for drive-through service, if applicable, as per Part 10, Supplemental Regulations. | |
Bed and Breakfast | 1 per rental unit, plus one per employee, plus 2 for the resident property owners. | |
Club/Lodge | 1 per 4 members, plus 1 per employee | |
Day Care Center, Commercial | 1 per employee, plus 1.0 unloading space per 10 children | |
Funeral Home | 1 per 4 seats or 20 per 1,000 s.f. GLA, whichever is greater, plus 1 per employee. | |
Grocery Store/Supermarket | 1 per 100 s.f. GLA. | |
Hotel/Motel | 1 per rental unit, plus .5 per employee on the largest shift. | |
Kennel/Animal Shelter | 1 per employee, plus 1 per 10 of animal holding capacity. | |
Laundromat | 1 per 100 s.f. GLA | |
Office - Business, Administrative | 1 per 250 s.f. GLA | |
Office - Professional (including doctors offices and medical clinic) | 4.5 per 1,000 s.f. GLA or 4 per practitioner, whichever is greater, plus one per employee. | |
Veterinary Office/Hospital | 4.0 per vet on duty, plus 1.0 per employee. | |
Personal Service Shop (hair salon, barber shop, tailor, dry cleaner sick-u., etc) | 1 per 250 s.f. GLA | |
Research and Development Facility | 1 per 500 s.f. GLA. | |
Restaurants, Outdoor Cafes, and Taverns: | ||
1) | with table service, but no drive- through | 1 for every 3 seats provided for |
2) | with no fixed seats or table service | 1 per 75 s.f. of GLA. |
3) | with "drive-through" service | A vehicle stacking lane is required as per Part 10, Supplemental Regulations, in addition to the requirements of 1) or 2) above. |
Retail Store | 1 per 250 s.f. GLA | |
Service station/gas station | 1 per pump, plus 1 stacking space per pump, plus 2 per service bay. | |
Car Wash | 3 stacking spaces per bay, plus 2 drying spaces per bay. | |
Convenience Store | 1 per 200 s.f. GLA | |
Shopping Center | 4.5 spaces per 1,000 s.f. GLA. | |
c.
The following parking standards shall apply for public/institutional uses:
Public/Institutional Uses | Minimum Off-Street Parking Requirement (Number of Spaces) | |
|---|---|---|
Church/Religious Use | 1 space per every 3 seats, plus 1 space per every 4 persons permitted maximum capacity for areas dedicated to meeting, rental facilities. | |
Community Center | 8 spaces per 1,000 s.f. GLA or 1 space for 4 persons permitted maximum capacity, whichever is greater | |
Educational Use: | ||
1) | High school | 1 space per classroom, plus 1 space per 15 students in grades 11 and 12, plus 1 space per 10 fixed seats in the auditorium. |
2) | Elementary and middle school | 1 space per classroom, plus 2 spaces per 1,000 s.f. devoted to administrative use. |
3) | Trade or professional school | 1 space per student, plus 1 space per instructor or employee. |
4) | Studio for performing or visual arts, or other school | 1 space per instructor or employee, plus 1 space per 10 students at maximum capacity. |
Library/Museum | 3 spaces per 1,000 s.f. GLA. | |
Life care facility | 1.5 per dwelling unit, plus 1 per every 2 patient beds, plus 1 per employee on the largest shift. | |
Municipal Building/Government Office | 1 per employee, plus 1 for 4 persons permitted maximum capacity. | |
Post Office | 2 per 250 s.f. for customer service, plus 1 per employee on the largest shift. | |
Public Transit Station | To be determined by Zoning Hearing Board based on facility. | |
Public Service/Utility Facility | 2 per facility, plus 1 space per assigned employee. | |
E.
Parking Alternatives. Parking requirements shall be located on the same lot as the use for which the parking is required, except in cases where that is not feasible given the Borough's relatively small land size. In such cases, an alternative parking plan may be approved by Borough Council pursuant to a Conditional Use process. Off-street parking shall be provided to meet the demand for the proposed land use. The applicant shall calculate this demand based on accepted standards, such as published in the Institute of Transportation Engineer's Parking Generation Reports. Mixed-use projects shall provide parking according to a shared parking analysis that projects parking needs based on the peak hour of parking demand. For example, a building with first-floor retail and office space and upper-floor residential will be able to adjust total parking demand to address the fact that peak residential parking demand will occur in the evening, while peak office parking demand will occur during the day. This analysis shall be based on accepted methodologies, such as the Urban Land Institute Shared Parking Study. The parking demand projections and methodologies shall be subject to approval by the Borough.
F.
Handicapped Parking.
1.
In any parking area that exceeds five (5) spaces, there shall be a minimum of one (1) handicapped parking space for every twenty-five (25) spaces or fraction thereof which shall be designed and designated for physically handicapped persons.
2.
Each handicapped space shall be identified with a clearly visible mark displaying the international symbol of access.
3.
Each handicapped space shall be a minimum of thirteen (13) feet in width by twenty (20) feet in length, and located on a level, paved surface as close to a handicapped accessible entrance to the building served as possible.
4.
Handicapped parking shall be in accordance with the provisions of the Americans with Disabilities Act of 1990 (ADA).
G.
Design and Maintenance Standards for Off-Street Parking Facilities.
1.
The owners or operators of a property with required parking facilities shall be responsible for the maintenance of the off-street parking areas serving that property. Maintenance shall include, but not be limited to, keeping it clean of loose particles, plowing of snow and ice, maintenance of landscape elements and lighting, sealing of pavement, repainting of lines and other markings on the pavement, re- paving as necessary, and any other work required to maintain the parking area in an attractive, safe and functional condition. Adjacent sidewalk areas shall also be maintained in the same manner.
2.
Parking spaces shall be a rectangular block with the minimum dimensions of nine (9) feet wide by twenty (20) feet long, exclusive of passageways, driveways or other means of circulation access and regardless of pull-in angle, and shall not be occupied by, nor intruded upon by lighting or its foundations, landscape elements, pedestrian walkways, driveways, passageways, or any other feature which results in a reduced area available for occupation by a vehicle.
3.
Not more than two (2) feet of the parking space may overhang the outer perimeter boundaries of the parking lot, so long as such overhang does not intrude into an adjacent right-of-way or pedestrian walkway, and for those parking spaces only, the area directly below the overhang need not be paved, although the balance of said space must be a dust-free, all-weather surface.
5.
An off-street parking area with a minimum required capacity of five (5) or more parking spaces shall be designed in accordance with the following provisions:
a.
Parking spaces shall be reasonably level, sloping not more than five (5) percent in any direction, but sloping at least one (1) percent to provide for drainage.
b.
Minimum width of interior circulation lane cartway within parking areas shall be in accordance with the Borough Subdivision and Land Development Ordinance [Chapter 22].
d.
A maximum of two (2) accessways to the lot shall be allowed per street frontage.
e.
Driveways providing access to the parking area from the street shall be of adequate length to accommodate off-street stacking of vehicles waiting to enter the parking area. The stacking area shall accommodate at least one vehicle, plus one vehicle for every fifty (50) spaces provided in the parking area, for up to ten (10) stacking spaces.
f.
Parking areas shall be designed to permit each motor vehicle to proceed to and from the parking space without requiring the moving of any other motor vehicle.
g.
In no case shall parking areas be designed to require or encourage vehicles to back into a public street in order to leave the lot.
h.
Parking areas shall be designed with safe and reasonable pedestrian access through the parking area.
i.
No parking area, except for permitted driveways and accessways, should directly abut a street. If possible, each such area should be separated from the street by a curb, planting strip as per § 27-908.E, wall or other suitable barrier against cars.
j.
The parking area should be designed, if possible, so that parking aisles are perpendicular to the building to enhance pedestrian safety.
k.
Individual parking spaces shall be clearly marked by durable white or yellow stripping at least four (4) inches in width and extending the length of the space or by curbs or other means to indicate individual spaces. Signs located within a parking area shall be used to ensure efficient and safe operation, and shall be in accordance with § 27-914.
l.
All parking areas and accesses shall be constructed and maintained to provide safe and orderly access at all times from a street, alley, or other approved accessway. No parking area or access shall be constructed so that it constitutes a nuisance, hazard, or unreasonable impediment to traffic. Provisions for clear sight triangles in § 27-903 and the Borough Subdivision and Land Development Ordinance [Chapter 22] shall apply to all access points.
m.
Parking areas greater than fifty (50) spaces should use parking modules or smaller lots with the larger parking areas for safety and design concerns.
§ 27-910 Off-Street Loading.
[Ord. No. 247-2018, 9/17/2018]
A.
The intent of these provisions is to provide adequate loading areas for permitted structures and uses and reduce traffic congestion. Off-street loading for uses, buildings, or structures that require the distribution or receipt of materials or goods by trucks or similar vehicles shall provide a sufficient number of off-street loading and unloading spaces for the intended use as follows.
B.
Applicability. Off-street loading areas shall be provided whenever:
C.
Required Spaces. The off-street loading and unloading requirements in the following shall apply to all uses and structures in the Borough:
1.
Where a structure or use includes more than one type of use, the number of spaces required shall be the sum of the requirements for each separate use.
2.
Where a use is not specifically listed in the two categories below, the requirements for the most similar use shall apply.
3.
The number of berths may be less than that specified herein if evidence is submitted firmly documenting that the special nature of the proposed use requires less loading and unloading spaces than required by this Section.
4.
Every retail store, hospital, warehouse or wholesale use, industry or manufacturing use shall have at least one off-street loading space of suitable size. Where there is an aggregate gross floor area of 20,000 square feet or more for such use, one additional off-street loading space shall be provided for each additional 20,000 square feet of gross floor area or part thereof.
5.
Every community center or auditorium, funeral home, office, restaurant or institutional use shall have at least one off-street loading space. Where there is an aggregate gross floor area of 30,000 square feet or more for such use, one additional off-street loading space shall be provided for each additional 30,000 square feet of gross floor area of part thereof.
D.
Layout.
1.
Location.
a.
All loading berths shall be located on the same lot as the use served, and no portion of the vehicle shall project into any traffic lane; parking space; driveway sidewalk; or within the front, side or rear yard setbacks, except as provided in subparagraph 6, below. Loading and unloading operations, including arrival and departure, shall not interfere with traffic and pedestrian circulation on public streets or within required off-street parking areas.
b.
Loading and unloading areas shall not be located between the building setback line and the street line, and loading facilities shall be screened in accordance with this Chapter.
c.
All off-street loading berths shall be provided with safe and convenient access to a street or alley or from an aisle or drive connecting with a street or alley. The ingress and egress of loading operations shall not require backing into a street or lot.
2.
Size.
a.
For structures and uses that are served by trucks, tractor trailers, or larger vehicles, the minimum size for each loading space shall be twelve (12) feet in width and fifty (50) feet in length, exclusive of aisle and maneuvering space, with a minimum vertical clearance of fourteen (14) feet.
b.
For structures and uses that are served by smaller vehicles such as vans and in which no deliveries will be made by large trucks or tractor trailers, the minimum size for each berth shall be ten (10) feet in width and twenty (20) feet in length, with a minimum vertical clearance of twelve (12) feet.
3.
Access.
a.
All required off-street loading spaces shall be designed with appropriate means of vehicular access to an interior accessway in a manner which will least interfere with traffic movements and shall be subject to Borough approval. Areas provided for loading and unloading and for servicing of establishments by garbage collections, fuels, and other service vehicles shall be arranged that they may function without blocking or interfering with the use of the accessways, automobile parking areas, or pedestrian access.
4.
Surfacing and Maintenance.
a.
All open areas provided for loading and unloading shall be graded and improved with a compacted base, surfaced with asphalt, concrete or other suitable material, and drained to the satisfaction of the Borough Engineer to prevent dust, water flow, and erosion off the property.
b.
All off-street loading spaces shall be constructed and maintained for as long as the structure or use for which they are designed to serve remains in existence.
5.
Screening. All loading and circulation areas which abut a residential district or use or a public right-of-way shall be buffered in accordance with this Chapter.
6.
Off-Street Loading Alternatives. Where loading and unloading areas cannot feasibly occur in the Town Center District, the following alternatives may be sought with the approval of Borough Council:
a.
Use of public alleys and right-of ways. Borough Council may approve the use of public alleys and streets for loading and unloading provided the following conditions are met:
i.
The applicant demonstrates that loading and unloading may be conducted without blocking or interfering with vehicular and pedestrian traffic.
ii.
Loading and unloading is limited to a total of three (3) times per week.
iii.
Loading and unloading is limited to off peak hours but no earlier than 7 a.m.
7.
Common loading and unloading facilities. Required off-street loading spaces may be provided cooperatively for two (2) or more uses provided the following conditions are met:
§ 27-911 Access and Traffic Control.
[Ord. No. 247-2018, 9/17/2018]
A.
To minimize traffic congestion and hazards, control street access and encourage orderly development of street highway frontage, the following regulations shall apply:
1.
Lots Abutting Two or More Streets. Unless clearly impractical or inappropriate due to physical conditions or traffic access management considerations, lots which abut two or more public streets shall have direct access only to the street of lesser functional classification.
2.
Vehicular Ingress and Egress to Major Roadways.
a.
Where lots are created having frontage on an arterial or collector street, as classified by the Borough Subdivision and Land Development Ordinance [Chapter 22], any proposed residential development street pattern shall provide frontage to local streets within the subdivision, unless clearly impractical due to lot configuration or topography.
b.
Where any multi-family dwelling or development, mobile home park, shopping center, or any similar use has vehicular access to and from an arterial or collector street, all vehicular entrances and exits shall be provided with deceleration and acceleration lanes, as recommended or required by the Borough Engineer and the Pennsylvania Department of Transportation. In no event shall vehicles be permitted to back directly into the public street from the off-street parking area.
3.
Location of Ingress and Egress. Ingress and egress for off-street parking shall be designed and arranged so that:
a.
The edge of any driveway access onto a street shall be at least forty (40) feet from the nearest side of the paving radius at any street intersection, except for a cul-de-sac turnaround.
b.
Provisions shall be made for safe and efficient ingress and egress to and from public streets without undue congestion or interference with normal traffic flow within the Borough. Where applicable, the developer shall be responsible for preparing a traffic impact study in accordance with the Subdivision and Land Development Ordinance [Chapter 22], which documents any necessary traffic control device and/or highway modifications required by the Borough and/or the Pennsylvania Department of Transportation (PennDOT).
§ 27-912 Interior Circulation.
[Ord. No. 247-2018, 9/17/2018]
A.
Interior accessways, driveways, aisles and parking areas shall comply with the following requirements in the MUR-Mixed Use Residential District for planned mixed use residential uses, and for all uses within the MUC- Mixed Use Commercial District. Streets to be publicly dedicated or maintained shall comply with the design standards of the Borough Subdivision and Land Development Ordinance [Chapter 22].
1.
Design of Access Aisles and Drives.
a.
Interior drives shall be designed to prevent blockage of vehicles entering or leaving the site. Drives may be one-way or two-way. Areas designed for loading and unloading, refuse collection, fuel delivery, and other service vehicles shall be arranged as to prevent blocking or interfering with accessways or the use of automobile parking facilities or pedestrian ways, and shall have adequate turnaround surface so egress to the street is in a forward direction.
b.
Accessways, parking areas, and loading areas shall have clearly defined parking bays and traffic circulation lanes, designated by markings, curbs, barriers and/or landscaped islands, so that operators of vehicles intending to patronize such parking areas shall not impede traffic as a result of any confusion as to location of entrances and exits and manner of reaching them.
i.
To assist in traffic channelization, raised islands shall be placed at the ends of parking bays so that the end of the bay adjacent to a driving aisle or ring road is clearly delineated. Such islands shall be landscaped and shall be designed so as not to impair visibility needed for traffic flow and turning movements.
ii.
Traffic channelizations shall be planned in such a way that a main driving aisle, from which vehicles can flow off the street and into the site and parking bays, is remote from the primary building(s) so as to avoid traffic conflicts in front of the primary building(s).
iii.
Parking areas shall be designed so that a vehicle within a parking area shall not have to enter a public street to move from one location to any other location within the parking area or lot. Turnaround surface shall be provided so egress to the street is in a forward direction.
c.
All interior drives and accessways shall be paved with an approved paved, all-weather surface, and shall be graded, properly drained and maintained in a good condition. Interior drives shall have a maximum grade of eight (8) percent, measured along the center line, for a distance of not less than twenty-five (25) feet from the street right-of-way line. Beyond that point, interior roads and drives shall have a maximum grade of ten (10) percent.
d.
Minimum width of interior circulation lane cartway within parking areas shall be in accordance with the Borough Subdivision and Land Development Ordinance [Chapter 22].
e.
Minimum entrance and exit drive widths shall be in accordance with § 27-909.G.
2.
Shared Driveways. Common or shared access driveways to parking and loading areas are encouraged, provided landowners shall submit a site plan and recorded agreement indicating the extent of joint use and maintenance responsibility.
3.
Emergency Vehicle Access. A proposed driveway or access road shall be designed to allow emergency vehicle access to within 100 feet of a principal structure. Where a principal structure is located more than 100 feet from the cartway or where an emergency vehicle would otherwise be prevented from reaching this minimum distance from the structure, the following requirements shall be met by the driveway to ensure access:
4.
Pedestrian Circulation. The following standards shall apply to all uses, as applicable:
a.
Pedestrian facilities like sidewalks, trails, pathways or others shall be maintained or installed as necessary and desirable to achieve the following:
i.
Logically continue, link or expand existing pedestrian facilities on, across and abutting the site.
ii.
Provide pedestrian access to existing or anticipated public transportation pick up points, public parks, community facilities and commercial areas.
iii.
Provide convenient and logical walkway connections between the entrances of a principal building and its required parking spaces, preferably in conjunction with landscaped planting islands. A walkway shall be a minimum of six (6) feet wide where it abuts the width of parking spaces where the vehicle may overhang the walkway. Alternatively, wheelstops shall be installed to prevent excessive vehicle overhang.
b.
Maximum separation of pedestrian and vehicular routes shall be encouraged for safety and well-being of pedestrians. Separation can be in the form of any one or combination of the following: horizontal distance; vertical distance (level changes, such as overpass, underpasses and embankments); street trees, landscaping, sidewalks and other barriers, such as bollards and fences.
§ 27-913 Lighting Requirements and Design Standards.
[Ord. No. 247-2018, 9/17/2018]
A.
Purpose. The intent of the provisions in this Section is to minimize the off-site impact of lighting while providing for lighting that is sufficient for safe use of a property, and to:
1.
Provide adequate lighting in outdoor public places where public health, safety and welfare are potential concerns.
2.
Protect drivers and pedestrian from the glare of non-vehicular light sources that shine into their eyes and thereby impair safe traverse.
3.
Protect neighbors and the night sky from nuisance glare and stray light from poorly aimed, placed, applied, maintained or shielded light sources.
4.
Provide outdoor lighting in a manner consistent with the Borough goal of retaining small town character.
B.
Applicability.
1.
Outdoor lighting shall be required for safety and personal security in areas of public assembly and traverse including, but not limited to. the following:
a.
Parking areas of multi-family, commercial, and industrial uses.
b.
Loading facilities for commercial and industrial uses.
c.
At the ingress and egress of parking areas for multi-family, commercial, and industrial parking areas.
d.
At street intersections.
e.
The Borough Council may require lighting to be incorporated for other uses or locations where personal security and safety reasons warrant, and as they deem necessary to further public health, safety, and welfare.
2.
The glare-control requirements herein contained apply to lighting in all above mentioned uses as well as, but not limited to, sign, landscaping, and residential lighting.
C.
Criteria.
1.
Illumination Levels. Lighting, where required by this Chapter, shall have intensities and uniformity ratios in accordance with but not limited to the following examples:
Use/Task | Maintained Footcandles | Uniformity Avg: Minimum | |
|---|---|---|---|
(a) | Streets, local residential | 0.4 Avg. | 6:1 |
(b) | Streets, local commercial | 0.9 Avg. | 6:1 |
(c) | Parking, residential, multi-family | 0.2 Min. | 4:1 |
Low vehicular/pedestrian activity | |||
Medium vehicular/pedestrian activity | |||
(d) | Parking, industrial/commercial/institutional/municipal | 0.6 Min. | 4:1 |
High activity, e.g., regional shopping centers/fast food facilities major athletic/civic/cultural/recreational events | 0.9 Min. | 4:1 | |
Medium activity, e.g., community shopping centers, office parks, hospitals, commuter lots, cultural/civic/ recreational events | 0.6 Min. | 4:1 | |
Low activity, e.g., neighborhood shopping, industrial employee parking, schools, church parking. | 0.2 Min. | 4:1 | |
(e) | Sidewalks, walkways and bikeways | 0.5 Avg. | 5:1 |
(f) | Building entrances, commercial, industrial, institutional | 5.0 Avg. | n/a |
Notes: | |
* | Illumination levels are maintained horizontal footcandles on the task, e.g., pavement or area surface. |
* | Uniformity ratios dictate that average illuminance values shall not exceed minimum values by more than the product of the minimum value and the specified ratio (e.g., for commercial parking high activity, the average footcandles shall not be in excess of 3.6 [0.9 x 4]). |
2.
Lighting Fixture Design. The following factors shall be considered when choosing the appropriate lighting fixture design:
a.
Fixtures shall be of a type and design appropriate to the lighting application.
b.
Fixtures shall be equipped with or be capable of being modified to incorporate light directing, shielding devices, or both, such as shields, visors or hoods when necessary to redirect offending light distribution or reduce direct or reflected glare.
3.
Control of Glare.
a.
All outdoor lighting, whether or not required by this Chapter, on private, residential, commercial, industrial, municipal, recreational or institutional property shall be aimed, located, designed, fitted and maintained so as not to present a hazard to drivers or pedestrians by impairing their ability to safely traverse (i.e., disabling glare) and so as not to create a nuisance by projecting or reflecting objectionable light onto a neighboring use or property, (i.e., nuisance glare).
b.
Floodlights and spotlights shall be so installed and aimed so that they do not project their output into the windows of neighboring residences, adjacent uses, directly skyward or onto a roadway.
c.
Unless otherwise permitted by the Borough (e.g., for safety, security, or all-night operations), lighting shall be controlled by automatic switching devices such as time clocks or combination motion detectors and photocells, to permit extinguishing offending sources between 11 p.m. and dawn to mitigate nuisance glare and skylighting consequences.
d.
Lighting proposed for use after 11 p.m., or after the normal hours of operation for commercial, industrial, institutional, or municipal applications, shall be reduced by seventy-five (75) percent from 11 p.m. until dawn, unless needed for a specific purpose.
e.
Vegetation screens shall not be employed to serve as the primary means for controlling glare. Glare control shall be achieved primarily through the use of such means as cutoff fixtures, shields and baffles, and appropriate application of fixture mounting height, wattage, aiming angle and fixture placement.
f.
Externally illuminated signs and billboards shall be lighted by fixtures mounted at the top of the sign and aimed downward. Such fixtures shall be automatically extinguished between the hours of 11 p.m. and dawn, except as specifically approved by the Borough to illuminate necessary directional information.
g.
Directional fixtures used for architectural lighting (e.g., facade, fountain, feature and landscape lighting), shall be aimed so as not to project their output beyond the objects intended to be illuminated and shall be extinguished between the hours of 11 p.m. and dawn.
h.
Auto service station or fuel dispensing facility canopy lighting shall be accomplished using flat-lens full-cutoff downlighting fixtures, shielded in such a manner that the edge of the fixture shield shall be level with or below the light source envelope.
i.
The use of white strobe lighting for tall structures such as smoke- stacks, chimneys, and communications towers is prohibited, except as otherwise required under Federal Aviation Administration regulations.
4.
Residential Street Lighting Fixture Placement. Where required, street lighting fixtures in residential developments shall be placed at the following locations:
D.
Plan Submission.
1.
In the MUC-Mixed Use Commercial District and the TC- Town Center District, lighting plans shall be submitted to the Borough for review and approval with applications for conditional use or special exceptions, preliminary or final subdivision or land development plans, or variance applications. In addition, the Zoning Officer may require the submission of a lighting plan with any building permit application for other than single-family residential use. The required lighting plans shall include the following information:
a.
A site plan containing a layout of the proposed fixture locations by location and type. The site plan shall also include, as applicable, structures, parking spaces, building entrances, traffic areas (both vehicular and pedestrian), vegetation that might interfere with lighting, and adjacent uses that might be adversely impacted by the lighting.
b.
Isofootcandle plots for individual fixture installations and 10 x 10 foot illuminance-grid plots for multi-fixture installations, which demonstrate compliance with the intensity and uniformity requirements set forth in this Chapter.
c.
Description of the proposed equipment, including fixture catalog cuts, photometrics, glare reduction devices, lamps, control devices, mounting heights, pole foundation details, and mounting methods proposed.
2.
When requested by the Borough, the applicant shall submit a visual impact plan that demonstrates appropriate steps have been taken to mitigate on- site and off-site glare.
3.
Post-approval alterations to lighting plans or intended substitutions for approved lighting equipment shall be submitted to the Borough for review and approval.
4.
When necessary, the Borough may retain the services of a qualified lighting engineer to review proposed lighting plans.
§ 27-914 Signage.
[Ord. No. 247-2018, 9/17/2018]
A.
Applicability. Any sign hereafter enactment of this Chapter or amendments thereto shall be erected, altered, relocated, extended, or maintained in conformance with the provisions of this Chapter and any other applicable ordinances or regulations of the Borough.
B.
Intent. The intent of this Section is to provide for the regulation of signs in the Borough as a proper exercise of the municipal police power and to protect the public health, safety, and welfare in accordance with the following objectives:
1.
To control the size, location, illumination, alteration, and maintenance of signs to reduce hazards to pedestrian and vehicular traffic.
2.
To provide opportunities for a variety of sign types, and encourage signs which meet local resident and business needs in a manner compatible with the area, are appropriate to the type of activity to which they pertain, enhance the economic value and visual character of the properties, and contribute to Borough character.
3.
To prohibit the construction of and require the removal of signs which constitute a hazard or create blight.
4.
To establish a process for the review and approval of sign permit applications.
C.
General Sign Regulations for All Districts. The following regulations shall apply to all permitted signs in all zoning districts:
1.
No sign shall be erected, altered, rebuilt, enlarged, extended, relocated, or maintained in the Borough without first obtaining a permit in accordance with subsection F, below, except those listed specifically as exempt in subsection D, below.
2.
Sign Location.
a.
No sign shall be erected or maintained so as to prevent free ingress or egress from any door, window or fire escape. No sign shall be attached to a standpipe or fire escape.
b.
No sign shall be located in a position that will cause danger to vehicular or pedestrian traffic or interfere with traffic through causing glare, confusion or competing for attention with traffic control devices, or blocking of sight distances for streets, intersections, sidewalks or driveways. Signs shall meet the clear sight provisions of § 27-903.
c.
No sign, other than traffic signs, street signs, and signs of a duly constituted governmental body, shall be erected within the legal right-of-way of any public street, except as specifically authorized by other ordinances and regulations of the Borough.
d.
No signs, other than official street signs, shall be erected nearer to any street line than the distance equaling the height of the sign, unless a wall sign attached parallel, flatly to a building.
e.
No sign which is greater than twelve (12) square feet shall face an adjacent residential district and said sign shall not be illuminated later than 11:00 p.m.
3.
Sign Area. For the purposes of this Chapter, the area of a sign shall be calculated as follows:
a.
The gross area of the sign shall include the entire area within a single continuous perimeter enclosing the outer limits of such sign, and in no case shall include passing through the sign. The sign area shall not include any structural elements lying outside the limits of such sign and not forming an integral part of the display.
b.
In the case of an open sign made up of individual letters, attached to or painted on a building, wall, window, canopy, or awning, the sign area shall be that of the smallest rectangle or other geometric shape which encompasses all of the letters and symbols.
c.
In computing the area of a double-faced sign, only one face shall be considered, provided that both faces are identical in area. In "V" type structures, if the interior angle of the sign faces exceeds forty-five (45) degrees, both faces shall be considered in computing the sign area.
4.
Sign Area Bonus. A sign area bonus of ten (10) percent shall be given when the proposed sign is to be constructed entirely from natural materials including, but not limited to, stone or wood.
5.
Sign Illumination. Any permitted sign in any district may be illuminated, provided that there shall be no illumination of a flashing, intermittent or moving type, and further provided that direct and indirect lighting shall be shielded and aimed so that the source of light shall not be visible from any point off the lot on which the sign being illuminated is located, in the normal lines of vision of the public when using sidewalks or public-rights-of-way, and so that only the sign is illuminated thereby. Floodlighting used to illuminate signs shall be aimed as required to ensure light does not spill off sign onto adjacent buildings, structures, lots, or properties. All proposed lighting shall comply with § 27-913.
6.
Sign Height. The height of a sign shall be measured from the existing ground elevation at the base of the sign to the highest point of the sign structure. Where there is a sidewalk, the height shall be measured from the elevation of the sidewalk.
7.
Vehicular Signs. A sign on a vehicle denoting a business-related activity shall be considered a portable sign. Vehicles containing attached or painted signs and parked in a residential district shall be concealed (garaged) from public view or in a parking space screened from view from the public right-of-way except where the vehicle owner or repairman is actually engaged in authorized repairs or construction at that location.
8.
Construction, Maintenance, Abandonment, Removal.
a.
No sign shall be erected containing information on which it states or implies that a lot may be used for a purpose other than that permitted in the zoning district in which the lot is located.
b.
Signs shall be constructed of durable materials, kept in good condition, repair and safe from collapse, and be firmly attached to the supports of the framework.
c.
Whenever a sign becomes structurally unsafe (including, but not limited to, loose parts, broken materials, ruined by an accident), is in danger of falling, becomes so deteriorated that it no longer serves a useful purpose of communication, or is determined by the Borough to be a nuisance to endanger the safety of the building, premises, or public, written notice shall be given to the owner of the sign or the owner of the premises or building on which the sign is located that such sign be made safe or removed within ten (10) days of receipt of the notification. The Borough may remove or cause to be removed said sign at the expense of the owner or lessee in the event the owner or the person or firm maintaining said sign has not complied with the terms of said notice. However, in the event of immediate danger, the Borough may remove said sign immediately upon the issuance of said notice to the owner, person, or firm maintaining said sign.
d.
Upon written notice by the Borough, the owner, person, or firm maintaining a sign must remove such sign when it is unlawfully erected in violation of any of the provisions of this Chapter.
e.
No person shall maintain or permit to be maintained on any premises owned or occupied by that person a sign which has been abandoned. Abandoned signs, as defined by this Chapter, shall be removed by the landowner or person controlling the property within ten (10) days of the abandonment.
9.
No sign shall be erected, painted, or drawn on a tree or rock or other natural feature.
10.
No sign shall contain information which states or implies that a property may be used for any purpose not permitted under the provisions of this Chapter.
11.
Signs shall only be attached to utility poles in conformance with State and utility regulations and the requirements of this Chapter.
12.
No sign shall use the words "stop," "look," "danger," or any other word or character which attempts or appears to attempt to direct the movement of traffic or which interferes with or resembles any official traffic sign, signal, or device within fifty (50) feet of a public right-of-way or within 200 feet of a traffic control device, whichever is greater.
13.
Except for traffic control signals, red or green lights are prohibited within fifty (50) feet of a public right-of-way or within 200 feet of a traffic control device, whichever is greater.
14.
Any banner sign or sign of any other type across a public street shall only be allowed as provided for in subsection E.3.j, below.
15.
A sign suspended between poles consisting of either pennants or spinners shall be prohibited except as in subsection D.7.iii, below.
D.
Exempt Signs. No permit shall be required before erecting the following exempt signs which shall be allowed in any district. Exempt signs shall, however, conform to all other applicable regulations of this Chapter:
1.
Official highway route number signs, street name signs, traffic signs, or other official federal, state, county, or Borough signs, legal notices, flags of insignia.
2.
Directional, informational or public service signs, such as those advertising availability of restrooms, telephone, entrances, exits, parking areas or similar public information. Signs erected under this provision shall not exceed three (3) square feet in area.
3.
Signs advertising meeting times and places of nonprofit service or charitable clubs or organizations, may be erected and maintained, provided that such signs do not significantly advertise any commercial establishment, activity, organization, product, goods or services except those of public utilities. Signs erected under this provision shall not exceed three (3) square feet in area.
4.
No trespassing signs or signs indicating the private nature of a road, driveway or premises, signs prohibiting or otherwise controlling hunting or fishing upon particular premises, and signs indicating ownership of a property, provided sign area does not exceed two (2) square feet.
5.
Signs displaying name and address of the occupant of the premises (nameplate or identification signs), provided that the area of any such sign shall not exceed one (1) square foot and not more than one such sign shall be erected for each property held in single and separate ownership, unless such property fronts on more than one (1) street, in which case one (1) sign may be erected on each street frontage.
6.
Windows sign indicating stores hours and other related information provided that such signs do not exceed one (1) square foot in area.
7.
Temporary Signs. Temporary signs, except banner signs per subsection E.3.j. below, shall be as provided herein:
a.
The following types of temporary signs shall not require a permit if erected in compliance with the following regulations.
i.
Temporary signs of contractors and artisans, erected and maintained on the premises during the period of their work, one such sign per trade, each having an area of not more than six (6) square feet.
ii.
Temporary yard or garage sale signs, provided they are located on the premises on which the sales is to be held, they do not exceed four (4) square feet in area, are erected no more than two (2) days before the first day of the sale, and are removed by the day after the sale. No more than three temporary off-premises signs shall be permitted and permission shall be obtained from the landowner or utility to post such signs.
iii.
A sign, pennant, or spinner announcing the opening of a new business or industry provided they are removed within seven (7) days of the first day of business.
iv.
Temporary window signs announcing a campaign or event of civic, political, philanthropic, educational, or religious organization, less than four (4) square feet, placed in a store or office window.
v.
Community special event signs, such as a rummage sale, fair, seasonal or holiday activity, located on the property on which the event is to occur provided that they do not exceed ten (10) square feet in area.
vi.
Real estate signs shall not exceed six (6) square feet in area, and there shall be no more than one sign placed on the property unless the property contains a corner lot in which case one sign shall be permitted for each street frontage. Such signs shall be removed within five (5) days after a final settlement or rental agreement has been reached.
vii.
Construction, subdivision, or land development signs shall not exceed twelve (12) square feet in area, and there shall be no more than one sign placed on the property unless the property contains a corner lot in which case one sign shall be permitted for each street frontage. Such signs shall be removed within seven (7) days after a final settlement of all the lots have been reached.
b.
Unless specified otherwise in this Chapter, temporary signs shall be removed within three (3) days after completion of the event or circumstance for which it is used.
c.
Any site or building on which the temporary sign was erected shall be restored to its original or better condition upon removal of the temporary sign.
8.
Vending machine signs bearing the brand name of the product being sold or price of such product.
9.
Memorial signs or historical markers, provided that such sign or tablet does not exceed four (4) square feet.
10.
Signs which are a permanent architectural feature of a building or structure, such as a cornerstone, or identifying letters carved into or embossed on a building, provided that the letters are not made of a reflective material nor contrast in color with the building, and that they are limited to the area on the building specifically designed for such sign location.
11.
Signs advertising agricultural crops or sale of agricultural products. Such signs shall not exceed 6 square feet and shall be removed after the growing season.
E.
Prohibited Signs. The following signs are prohibited within any zoning district established this Chapter.
1.
Billboards and off-site advertising signs.
F.
Sign Classification, Size, and District Applicability. All signs, except those exempted signs and temporary signs in this Section, shall be in accordance with the following:
1.
Signs Permitted in the NR-Neighborhood Residential District. In addition to exempt signs in this Section, the following signs may be erected in accordance with the following provisions for uses permitted in the NR District:
a.
Religious, Public, Institutional, or Educational Use, Recreational Uses, or Cemetery. One projecting or flat wall, ground, hanging, or freestanding sign on each street frontage of a property not to exceed twelve (12) square feet in area for the identification of a such uses provided that any illumination be non-flashing, diffused or indirect.
b.
Residential Development. One wall or ground sign for the identification of the residential subdivision or development, provided that the area of any such sign shall not exceed eight (8) square feet in area. In the event a property is a corner lot or fronts on more than one street, not more than one such sign shall be placed on each street frontage of such property.
c.
Limited Impact Home Occupation. One wall or freestanding sign for a limited impact home occupation indicating only name of the business or service, phone number, email address, and the occupation, provided that the area of any such sign shall not exceed two (2) square feet in area.
d.
Boarding House. One wall or freestanding sign for a board house indicating only the name of the house, phone number and/or email address of the landlord or caretaker, provided that the area of any such sign shall not exceed four (4) square feet in area.
e.
The following additional standards shall apply to specific signs types in Residential Districts:
i.
Freestanding Signs. Where freestanding signs are permitted, the maximum height shall be six (6) feet. The lowest edge of the freestanding sign shall be no less than four (4) feet above the finished grade.
ii.
Projecting Wall Signs. Where projecting signs are permitted, the maximum height shall be twelve (12) feet and such sign shall not project more than two (2) feet from the face of the building. The bottom of such signs shall not be lower than seven (7) feet above finished grade.
iii.
Ground Signs. Where ground signs are permitted, the maximum height of such sign shall be four (4) feet.
iv.
Flat Wall Signs. Where wall signs are permitted, no portion of the wall sign shall extend above the lowest point of the roof, nor extend beyond the ends of the wall to which it is attached. Windows signs shall not be permitted except in the case of approved major home occupations and shall be limited to the area specified above.
v.
Hanging Signs. Where hanging signs are permitted, such signs shall hang no lower than two (2) feet below the cornice line of the part of the structures from which they are hanging, e.g., porch roof, lintel over a doorway, and shall be no lower than seven (7) feet above the grade directly over which such sign is located.
2.
Signs Permitted in the NR District for Adaptive Reuse of Historic Structures. In addition to exempt signs in this Section and signs permitted by subsection E.1 above, the following signs may be erected as part of a permitted adaptive reuse of an eligible historic structure in the NR District (see Section 27-405) in accordance with the following provisions:
a.
Temporary banners are permitted as set forth in subsection 5.c. below.
b.
Multi-family dwellings. One wall, ground, or freestanding sign for the identification of multi-family dwelling developments of ten (10) units or more located on the site of said use and the location of a sales or rental office, provided that the area of any such sign shall not exceed ten (10) square feet in area. In the event a property has more than one street frontage, not more than one such sign shall be placed on each street frontage of such property.
c.
Limited Impact Home Occupation - One wall or freestanding sign for a major home occupation indicating only name of the business or service, phone number, email address, and the occupation, provided that the area of any such sign shall not exceed four (4) square feet in area.
d.
Bed and Breakfast Establishment. One wall, hanging, or freestanding sign for such use, provided that the area of any such sign shall not exceed four (4) square feet in area.
e.
Funeral Home. One wall, hanging, freestanding, or projecting sign for such use on each street frontage of a property, provided that the area of any such sign shall not exceed six (6) square feet in area.
f.
Child or adult day-care center. One wall, hanging, freestanding, or projecting sign, provided that the area of any such sign shall not exceed six (6) square feet in area.
g.
All other adaptive reuses permitted by Section 27-405.A. One wall, hanging, freestanding, or projecting sign for such use on each street frontage of a property, provided that the area of any such sign shall not exceed six (6) square feet in area.
h.
The following additional standards shall apply to specific signs:
i.
Freestanding Signs. Where freestanding signs are permitted, the maximum height shall be six (6) feet. The lowest edge of the freestanding sign shall be no less than four (4) feet above the finished grade.
ii.
Projecting Wall Signs. Where projecting signs are permitted, the maximum height shall be twelve (12) feet and such sign shall not project more than two (2) feet from the face of the building. The bottom of such signs shall not be lower than seven (7) feet above finished grade.
iii.
Ground Signs. Where ground signs are permitted, the maximum height of such sign shall be four (4) feet.
iv.
Flat Wall Signs. Where wall signs are permitted, no portion of the wall sign shall extend above the lowest point of the roof, nor extend beyond the ends of the wall to which it is attached. Windows signs shall not be permitted except in the case of approved major home occupations and shall be limited to the area specified above.
v.
Hanging Signs. Where hanging signs are permitted, such signs shall hang no lower than two (2) feet below the cornice line of the part of the structures from which they are hanging, e.g., porch roof, lintel over a doorway, and shall be no lower than seven (7) feet above the grade directly over which such sign is located.
3.
Signs Permitted in the MUR-Mixed Use Residential District. In addition to exempt signs in this Section, the following signs may be erected in accordance with the following provisions for uses permitted in the MUR District:
a.
Any sign permitted in NR District for applicable permitted uses.
b.
Temporary banners, as set forth in subsection 5.c below.
c.
Religious, Public, or Institutional Use. One wall, ground, hanging, or freestanding sign on each street frontage of a property not to exceed sixteen (16) square feet in area for the identification of a such uses provided that any illumination be non-flashing, diffused or indirect.
d.
Residential Development including Multi-family Residential, Planned Mixed-use Residential, or Life Plan Community. One wall, ground, or freestanding sign for the identification of the Life Plan Community uses or of the planned mixed-use residential development including multi-family dwelling developments of ten (10) units or more located on the site of said use and the location of a sales or rental office, provided that the area of any such sign shall not exceed ten (10) square feet in area. In the event a property has more than one street frontage, not more than one such sign shall be placed on each street frontage of such property.
e.
Limited Impact Home Occupation. One wall or freestanding sign for a limited impact home occupation indicating only name of the business or service, phone number, email address, and the occupation, provided that the area of any such sign shall not exceed two (2) square feet in area.
f.
Commercial establishments involving the sale of goods or services. Commercial establishments permitted by Section 27-502.A.3 shall be subject to the sign provisions of subsection 4.b through j.
g.
Bed and Breakfast or Boarding/Rooming House. One wall, hanging, or freestanding sign for such use, provided that the area of any such sign shall not exceed four (4) square feet in area.
h.
Club or lodge. One wall, hanging, freestanding, or projecting sign for such use on each street frontage of a property, provided that the area of any such sign shall not exceed six (6) square feet in area.
i.
Assisted living facility, nursing facility, or skilled nursing facility. One wall, ground, hanging, or freestanding sign on each street frontage of a property not to exceed sixteen (16) square feet in area for the identification of a such uses provided that any illumination be non-flashing, diffused or indirect.
j.
Conference center. One wall, ground, hanging, or freestanding sign on each street frontage of a property not to exceed sixteen (16) square feet in area for the identification of a such uses provided that any illumination be non-flashing, diffused or indirect.
k.
Funeral Home. One wall, hanging, freestanding, or projecting sign for such use on each street frontage of a property, provided that the area of any such sign shall not exceed six (6) square feet in area.
l.
The following additional standards shall apply to specific signs in the MUR District:
i.
Freestanding Signs. Where freestanding signs are permitted, the maximum height shall be six (6) feet. The lowest edge of the freestanding sign shall be no less than four (4) feet above the finished grade.
ii.
Projecting Wall Signs. Where projecting signs are permitted, the maximum height shall be twelve (12) feet and such sign shall not project more than two (2) feet from the face of the building. The bottom of such signs shall not be lower than seven (7) feet above finished grade.
iii.
Ground Signs. Where ground signs are permitted, the maximum height of such sign shall be four (4) feet.
iv.
Flat Wall Signs. Where wall signs are permitted, no portion of the wall sign shall extend above the lowest point of the roof, nor extend beyond the ends of the wall to which it is attached. Windows signs shall not be permitted except in the case of approved major home occupations and shall be limited to the area specified above.
v.
Hanging Signs. Where hanging signs are permitted, such signs shall hang no lower than two (2) feet below the cornice line of the part of the structures from which they are hanging, e.g., porch roof, lintel over a doorway, and shall be no lower than seven (7) feet above the grade directly over which such sign is located.
vi.
Wall, hanging, or projecting signs are preferred where there is a small front yard setback. Freestanding and hanging signs are more appropriate for buildings originally designed as residential dwellings or where there are larger front yard setbacks.
4.
Signs Permitted in the TC-Town Center District. In addition to exempt signs in this Section, the following signs may be erected in accordance with the following provisions for uses permitted in the TC District:
a.
Any sign permitted in NR and MUR Districts for applicable permitted uses.
b.
General Standards. The following provisions shall apply in the TC District:
i.
A property may either contain a projecting wall sign or a freestanding sign, but shall not contain both types of signs.
ii.
Unless located on a corner lot, there shall be no more than two signs, except for exempt signs, for each use. If a building fronts on more than one street, one additional sign in conformity with this Section may be permitted on the second street frontage.
iii.
Wall, hanging, or projecting signs are preferred where there is a small front yard setback. Freestanding and hanging signs are more appropriate for buildings originally designed as residential dwellings or where there are larger front yard setbacks.
c.
Freestanding Signs. The sign shall not exceed sixteen (16) square feet in area. The maximum height of freestanding signs shall be seven (7) feet above finished grade, and shall be set back not less than five (5) feet from the curb line. There shall be no more than one freestanding sign per building. Where multiple uses are located within a single structure, the one permitted freestanding sign may indicate the presence of all uses in the structure and the size of the permitted freestanding sign may be increased by two (2) square feet for each additional use, up to a maximum total sign area of twenty (20) square feet, and the height of such signs may be increased to a maximum of nine (9) feet above finished grade.
d.
Ground signs. Where ground signs are permitted, the maximum area shall be sixteen (16) square feet, maximum height shall be four (4) feet and such sign shall be set back at least five (5) feet from the curb line. There shall be no more than one ground sign per building. Where multiple uses are located within a single structure, the one permitted ground sign may indicate the presence of all uses in the structure and the size of the sign may be increased by two (2) square feet for each additional use, up to a maximum total sign area of twenty (20) square feet, and the height of such signs may be increased to a maximum of six (6) feet above finished grade.
e.
Projecting Wall Signs. Projecting signs shall not exceed sixteen (16) square feet in area. No portion of a projecting sign shall be less than seven (7) feet nor more than fifteen (15) feet above the proposed finished grade, and no such sign shall project more than three (3) feet from the face of the building or be closer than five (5) feet from the edge of a curb line. Projecting signs shall not extend above the top of the wall upon which it is mounted.
f.
Flat Wall Signs and Window Signs. The following provisions shall apply to such signs:
i.
No portion of a wall sign shall be less than seven (7) feet or more than fifteen (15) feet above the proposed finished grade and extend greater than six (6) inches from the building wall. If the wall sign does not project more than one (1) inch from a wall of a building the sign can be lower than 7 feet.
ii.
A combination of wall and permanent window signs shall be permitted provided that the combined area of the wall and window signs does not exceed fifteen (15) percent of the total wall area, provided that the total area for wall and window signs shall not exceed twenty (20) square feet, including window and door areas to which such sign is attached. Permanent window signs shall be considered wall signs when computing the maximum permitted building coverage of wall signs.
iii.
No portion of a wall sign shall extend above the lowest point of the roof, nor extend beyond the ends of the wall to which it is attached.
iv.
A maximum of thirty (30) percent of the total window area may be used for permanent and temporary window signs.
v.
No portion of a wall sign shall extend beyond the ends of the building.
g.
Hanging Signs. No portion of a hanging sign shall be shall be less than seven (7) feet above the proposed grade over which such sign is located. No such sign shall exceed fourteen (14) square feet in area.
h.
Awning Signs. There shall be no more than one awning sign per use, and the lowest edge of the awning shall be no lower than seven (7) feet above grade. Where a wall sign already exists, the size of such awning signs shall not exceed eight (8) square feet in area; however, where no wall sign exists the awning sign shall not exceed sixteen (16) square feet in area. Letters shall not exceed ten (10) inches in height and shall be flat against the surface of the awning and not extend beyond the edges of the awning.
i.
Portable Signs. Portable signs shall comply with all pertinent regulations applicable to permanent type signs permitted in the district. Portable signs in the form of sidewalk signs shall not exceed eight (8) square feet in area. No more than one portable sign shall be allowed per premises.
j.
Temporary Banners. Temporary banners, proposed to be suspended across public roads, announcing special events or the temporary sale of products, goods, and/or services require a sign permit and shall be permitted, provided that:
i.
The Borough shall be notified prior to the erection of such signs.
ii.
No such sign shall be posted earlier than two (2) weeks before the occurrence of the event to which it relates.
iii.
Signs shall be removed within three (3) days after the date of the special event or the last day of sales.
iv.
The sign shall not exceed three (3) feet high by thirty (30) feet wide and lowest edge of the sign shall be at least fifteen (15) feet above the road surface.
v.
Where the proposed banner spans a State road, the applicant shall also comply with PennDOT's procedural requirements for the placement of signs or banners across State highways. Compliance shall be supplied to the Borough prior to the erection of the banner sign.
vi.
In no event shall a temporary banner remain longer than thirty (30) days.
5.
Signs Permitted in the MUC-Mixed Use Commercial District. In addition to exempt signs in this Section, the following signs may be erected in accordance with the following provisions for uses-permitted in the MUC District:
a.
Any sign permitted in the NR, MUR, or TC Districts for applicable permitted uses.
b.
Temporary Banners as permitted in the TC District, as set forth in subsection 4.j, above.
c.
Except as otherwise noted in this Section, each use shall not have more than two (2) signs, exclusive of exempt signs, on the premises. If a building fronts on more than one street, one additional sign may be permitted on the second street frontage.
d.
Freestanding Signs. The following provisions shall apply to such signs:
i.
Freestanding signs shall not exceed twenty (20) square feet in area and fourteen (14) feet in height for one use. If there is more than one use in a building the size of such sign may be increased two (2) feet per use up to twenty-four (24) square feet and such sign may indicate the name of all uses in the building.
ii.
Freestanding signs identifying a shopping center, planned mixed use commercial development, motel, or office park shall not exceed thirty (30) square feet in area and sixteen (16) feet in height. Individual freestanding signs for individual uses within a shopping center, planned mixed use commercial development, motel, or office park shall not be permitted.
iii.
Freestanding signs shall be limited to one (1) per building. When more than one use is carried on in a single building, the one (1) permitted freestanding sign may indicate the name of all uses in the building and individual freestanding signs for each use shall not be permitted.
iv.
For pedestrian safety, the lowest edge of the freestanding sign shall be either less than four (4) feet or greater than seven (7) feet above the ground.
v.
Where freestanding signs, projecting signs, and ground signs are permitted, only one (1) of these sign types shall be erected on a premises.
e.
Ground Signs. The following provisions shall apply to such signs:
i.
Ground signs shall not exceed twenty (20) square feet in area and four (4) feet in height. If there is more than one use in a building, the size of such sign may be increased two (2) feet per use up to twenty-four (24) square feet, and such sign may indicate the name of all uses in the building.
ii.
Ground signs identifying a shopping center, planned commercial development, planned mixed use development, motel, industrial park, or office park shall not exceed thirty (30) square feet in area and six (6) feet in height. Individual ground signs for individual uses within a shopping center, planned mixed use commercial development, motel, or office park shall not be permitted.
iii.
Ground signs shall be limited to one (1) per building. When more than one use is carried on in a single building, the one (1) permitted ground sign may indicate the name of all uses in the structure and individual ground signs for each use shall not be permitted.
iv.
Ground signs shall be supported and permanently placed by embedding, anchoring, or connecting the sign in such a manner as to incorporate it into the landscape or architectural design scheme.
v.
Where freestanding signs, projecting signs, and ground signs are permitted, only one of these sign types shall be erected on a premises.
f.
Projecting Wall Signs. Projecting signs shall not exceed sixteen (16) square feet. No portion of a projecting sign shall be less than seven (7) feet nor more than twenty (20) feet above the proposed finished grade, and no such sign shall project more than four (4) feet from the face of the building or be closer than four (4) feet from the edge of a curb. Projecting signs shall not extend above the top of the wall upon which it is mounted. No projecting sign shall be attached to a building where a canopy or awning sign exists. Where freestanding signs, projecting signs, and ground signs are permitted, only one of these sign types shall be erected on a premises.
g.
Flat Wall Signs and Window Signs. The total area of the wall sign, including permanent window signs, shall not exceed ten (10) percent of the wall area, including window and door area, to which such sign is attached. In no case shall the total area of wall and window signs exceed thirty (30) square feet. No portion of a wall sign shall extend above the lowest point of the roof, nor extend beyond the ends of the wall to which it is attached. Permanent window signs shall be considered wall signs when computing the maximum permitted building coverage of wall signs. A maximum of thirty (30) percent of the total window area may be covered by a combination of permanent and temporary window signs.
h.
Awning Signs. There shall be no more than one awning sign per use, and the lowest edge of the awning shall be no lower than seven (7) feet above grade. Where another sign already exists for that use, the size of such awning signs shall not exceed twenty (20) percent of the total background area of the awning; however, where no other sign exists for that use, the awning sign shall not exceed thirty (30) percent of the total background area of the awning. Letters shall not exceed ten (10) inches in height and shall be flat against the surface of the awning and not extend beyond the edges of the awning.
i.
Portable Signs. Portable signs shall be in accordance with subsection F.3.i, above.
G.
Sign Permits. A sign permit shall be obtained from the Borough before the erection of any sign, unless specifically exempted in this Chapter, in accordance with the following:
1.
Exemptions from the necessity of securing a sign permit shall not be construed to relieve the owner of the exempted sign from responsibility for its construction and installation in a safe manner and in accordance with the provisions of this Chapter.
3.
Application Information. Prior to the granting of a sign permit, a sign permit application with the following information shall be submitted to the Borough in duplicate:
a.
Dimensions of the lot (including any right-of-way lines) and/or building upon which the sign is proposed to be erected, and the proposed sign location with respect to the property lines and building.
b.
A description of the size, shape, color, material, supports, anchoring, weight and height of the sign, as well as intensity of illumination.
c.
Sketch elevation, drawn to scale, of the sign, indicating the proposed size, dimensions, shape, material, supports, anchoring, and height of the sign.
d.
Any other lawful information which may be required of the applicant by the Zoning Officer.
e.
The application shall be accompanied by the written consent of the owner of lessee of the premises upon which the sign is to be erected for Borough officials to enter said premises to inspect the sign.
f.
All sign permit applications shall be accompanied by the required fee as set forth in the fee schedule for signs established by Borough Council.
4.
Processing and Approval of Permit. Processing and approval of sign permits shall be according to the following:
a.
The Zoning Officer shall process applications for sign permits within thirty (30) days from the date of the filing of the complete application with the required fee.
b.
In determining the appropriateness of the proposed sign, the Zoning Officer shall consider the following:
i.
The sign meets all restrictions, standards, and sign area requirements of this Chapter.
ii.
The sign has a reasonable location, scale, and proportion in relation to buildings, doors, windows, and pedestrian and vehicular access.
iii.
The Zoning Officer shall inspect and approve the installation of the sign and shall make periodic inspections to determine conformity of signs to these regulations.
H.
Nonconforming Signs.
1.
Nonconforming signs shall be subject to the requirements of Part 11, "Nonconforming Use Regulations," of this Chapter.
2.
Required Borough permitting fees for installation of a new sign shall be waived for any nonconforming sign which is replaced with a sign conforming to the regulations of this Chapter.
§ 27-915 Utility, Sewer and Water Service.
[Ord. No. 247-2018, 9/17/2018]
A.
Utilities. Utilities shall be in accordance with the following:
1.
The applicable lot area and bulk regulations of this Chapter shall apply to any proposed building or extension used or to be used by a public utility corporation, unless upon petition of the corporation, the Pennsylvania Public Utility Commission (PUC) shall decide that the situation of the building in question is necessary for the welfare of the general public.
B.
Sewage Service. All uses shall be served by public sewage system consistent with the policies and recommendations of the 1970 County Master Sewage Facilities Plan, and the requirements of the Borough Subdivision and Land Development Ordinance [Chapter 22]. Proposed sewage systems shall be reviewed and approved by the Pennsylvania Department of Environmental Protection, the Northwestern Chester County Municipal Authority, and the Chester County Department of Health, as applicable.
C.
Water Supply. Proposed uses shall be consistent with the requirements of the Borough Subdivision and Land Development Ordinance [Chapter 22]. Additionally, proposed new uses and developments shall connect with a public or municipal water service. Community water systems are acceptable for the MUC District.
D.
Stormwater Management and Erosion Control. All uses shall meet the regulations of the Subdivision and Land Development Ordinance [Chapter 22] and applicable provisions of this and other Borough ordinances, as well as Federal, State and County provisions or requirements, to control stormwater runoff and mitigate sedimentation and erosion problems.