The following general regulations shall supplement the regulations set forth in this Chapter in each district and apply throughout the Borough, unless otherwise specified. If the district regulations are determined to be in conflict with the following general regulations, the most restrictive regulations shall be applied, unless otherwise stated.

(Ord. 462, 8/14/1995, §800; as amended by Ord. 560, 6/13/2005)

   1.   Detached Garages. Detached private garages shall be permitted in any residential district subject to the following requirements:

      A.   Maximum capacity - three bays for use by three motor vehicles; no more than one of which shall be a commercial equipment vehicle. (As defined in § 27-818 of this Part.).

      B.   Maximum height - 20 feet.

      C.   Temporary buildings and structures are not permitted.

      D.   No garage shall be located within any required front or side yard area, except that where an alley abuts a side lot line, the required setback from the alley of side lot line may be reduced to 10 feet.

      E.   The minimum setback for a detached garage from any side or rear lot line is 5 feet.

      F.   Detached garages shall not occupy more than 25% of the total lot size.

   2.   Other Accessory Buildings and Structures.

      A.   Maximum height - 20 feet.

      B.   Minimum distance between detached buildings - 10 feet.

      C.   No accessory building or structure shall be located within any required front or side yard. However such building or structure may be located no closer than 5 feet from any rear or side lot line in a required rear yard area.

      D.   Accessory buildings and structures shall not occupy more than 25% of the total lot size.

   3.   Utility Shed.

      A.   Maximum size - 260 square feet.

      B.   Minimum size - more than 100 square feet.

      C.   Maximum height - 20 feet.

      D.   No utility shed shall be located within any required front or side yard. However, such shed may be located no closer than 5 feet from any rear or side lot line.

      E.   No utility shed shall occupy more than 25% of the total lot size.

   4.   Small Utility Shed.

      A.   Maximum size - 100 square feet.

      B.   Maximum height - 20 feet.

      C.   No small utility shed shall be located within any required front or side yard. However, such shed may be located no closer than 3 feet from any rear or side lot line.

      D.   No small utility shed shall occupy more than 25% of the total lot size.

(Ord. 462, 8/14/1995, §801)

   1.   General Regulations.

      A.   The swimming pool shall be intended and be used solely for the enjoyment of the occupants of the principal use of the property on which it is located.

      B.   No swimming pool shall discharge water or be drained into a sanitary sewer system or natural water way.

      C.   Swimming pool installation shall be in accordance with the International Building Code as amended and adopted by Council.

      D.   Every swimming pool shall be equipped with life rings, life preservers or other flotation devices readily available and functional for emergency use.

[Ord. 551]

   2.   Location and Setbacks.

      A.   The swimming pool walks or paved areas, or accessory structures adjacent thereto shall be 8 feet from adjoining property lines.

      B.   The swimming pool shall be 8 feet from the principal building.

      C.   Swimming pools shall not be located in the front yard.

[Ord. 551]

   3.   Drainage Systems. Each swimming pool shall be equipped to be completely emptied of water and the discharged water shall be disposed of in a manner that shall not constitute a nuisance to adjoining properties or a menace to any Borough street.

   4.   Filtration System. All swimming pools shall be equipped with a filtration system sufficient to maintain the filtration of the water in accordance with the following specifications:

      A.   Residential Pools. The equipment shall bear the approval of the National Sanitation Foundation.

      B.   Public Pools. The equipment shall conform to the requirements of the National Swimming Pool Institute publication, “Minimum Standards for Public Swimming Pools,” published April 1, 1977, or as amended.

   5.   Application, Plans and Specifications to Be Filed. Anyone desiring to construct or erect a swimming pool shall make application for such on forms supplied by the Borough, and shall accompany such application with a copy of the plans and specifications, which shall conform to the following:

      A.   Residential Pools. Shall conform to the requirements of the National Swimming Pool Institute publication, “Suggested Minimum Standards for Residential Swimming Pools,” published for compliance by January 1, 1974, as amended.

      B.   Public Pools. Shall conform to the requirements of the National Swimming Pool Institute publication, “Minimum Standards for Public Swimming Pools,” published April 1, 1977, or as amended.

   6.   Permit Fee. The permit fee and term for swimming pools shall be the same as permit fees and terms for construction set forth in the Marysville Borough Building Code [Chapter 5, Part 1], as amended.

   7.   Special Provisions Applicable to Previously Constructed Pools. All swimming pools constructed or erected prior to July, 1977, shall not be considered to be in violation of the provisions of this Part.

   8.   No swimming pool shall be used, or filled with water unless and until the pool is completely enclosed by a fence, wall or building as provided in § 27-803 of this Part.

   9.   No swimming pool shall be used or occupied nor shall any swimming pool be filled with water unless and until a certificate of use, as provided in § 27-902 of this Chapter has first been obtained.

(Ord. 462, 8/14/1995, §802; as amended by Ord. 551, 4/12/2004)

   1.   No fence shall be erected in any required front yard area that is more than 4 feet in height. No fence shall be erected in any required side or rear yard area that is more than 6 feet in height. For the purpose of this Part a “fence” shall be defined as any freestanding and uninhabited structure consisting of wood, (whether sawn, split, milled or otherwise), glass, metal, plastic, wire, wire mesh or masonry, singly or in combination with other materials, erected to secure or divide one property from another or part of the property from the remaining part, to assure privacy, to protect the property so defined, to mark the property line or to enclose all or part of the property. For the purpose of this Part, a masonry wall and a stacked firewood pile shall be considered to be a fence.

   2.   Barbwire fence or electric fence shall be prohibited unless used for agricultural purposes on tracts 10 acres or more. Razor wire, concertina wire or similar material shall be prohibited. [Ord. 551]

(Ord. 462, 8/14/1995, §803; as amended by Ord. 551, 4/12/2004)

No wall, fence, sign, structure, woodpile, coal pile or other item or items shall be erected, placed or altered, and no hedge, trees, shrubs, crops or the like shall be maintained, which may cause danger to pedestrians or traffic by obstructing the view.

(Ord. 462, 8/14/1995, §804)

No living quarters shall be located in a cellar having less than 7 feet of height from floor to ceiling. A cellar shall mean a floor level where 50% or more of its height is below ground level.

(Ord. 462, 8/14/1995, §805)

For new development occurring on a previously undeveloped lot or parcel, the required building setback shall be provided along both streets.

(Ord. 462, 8/14/1995, §806)

The height limitations contained in the district regulations do not apply to spires, belfries, cupolas, antennas, water tanks, ventilators, chimneys or other appurtenances usually located above the roof of a building or structure, when accessory and subordinate to the principal use.

(Ord. 462, 8/14/1995, §807)

Space provided to satisfy the yard and area requirements for any building or structure, either existing or proposed, shall not be used to meet the yard area requirements for any other building or structure.

(Ord. 462, 8/14/1995, §808)

   1.   No use or activity shall be permitted that will create any dangerous, injurious, noxious, or otherwise objectionable situation or effect or which by reason of noise, dust, odor, appearance, smoke or other objectionable factor creates a nuisance, hazard or other adverse effect upon the value or reasonable enjoyment of the surrounding properties.

   2.   Specifically, a use or activity shall not:

      A.   Constitute a nuisance or danger to human health and safety, livestock or plants, or any other property as a result of the emission or dissemination of any fumes, smoke, odor or dust beyond the property lot of the premises upon which such use or activity is located.

      B.   Create any noise or vibration exceeding the average intensity or noise or vibration occurring from other sources at the property line.

      C.   Endanger any surrounding area by reason of fire or explosion.

      D.   [Reserved]. [Ord. 560]

      E.   Create any electrical disturbances or adversely affect the operation of equipment located off the premises.

      F.   Discharge any dangerous or untreated effluent into any stream or other body of water, or otherwise contribute to the pollution of surface or underground water.

      G.   Create an undesirable or dangerous traffic condition on the street or in a nearby area, or generate a nuisance to any nearby property because of increased traffic.

      H.   Create any other objectionable condition which will endanger public health and safety or be detrimental to the proper use of the surrounding area.

(Ord. 462, 8/14/1995, §809; as amended by Ord. 560, 6/13/2005)

Every building or structure hereafter erected or moved shall be located on a lot that abuts a public street or road or with access to an acceptable private street or road, and all buildings and structures shall be located so as to provide safe and convenient access for servicing, fire protection and off-street parking, if parking is required.

(Ord. 462, 8/14/1995, §810)

No dwelling shall be erected on a lot having access only from an alley. On a lot having access only from an alley, a private garage, utility shed or small utility shed shall be allowed as a non-accessory structure.

(Ord. 462, 8/14/1995, §811)

   1.   No single use or group of attached buildings or uses designed as a single unit shall have more than two driveways. No two driveways shall be closer to each other than 12 feet.

   2.   No driveway shall be located within 40 feet of the intersection of any street right-of-way lines.

   3.   Each driveway shall be paved between the street and the principal or accessory structure upon the lot.

      A.   The paved section for one-family or two-family residential uses shall consist of one of the following materials.

         (1)   Bituminous surface constructed with 6 inches of 2A sub base and 2½ inches of ID-2 surface course.

         (2)   Portland cement constructed with 6 inches of 2A sub base and 4 inches concrete.

         (3)   Brick pavers designed for single-axle trucks. Construction specifications must be submitted and approved by the Borough Engineer.

      B.   The paved section for nonresidential and multi-family residential uses shall consist of one of the following materials:

         (1)   Bituminous surface constructed with 6 inches of 2A sub base and 2½ inches of ID-2 binder and 1½ inches of ID 2 surface course.

         (2)   Portland cement constructed with 8 inches of 2A sub base and 6 inches concrete.

         (3)   Alternate pavement sections that meet the 20-year design requirements of multi-axle vehicles may be permitted if specifications are approved by the Borough Engineer. However, the pavement section within the right-of- way shall consistent with existing road pavement.

   4.   No residential driveway shall be closer to a side property line than 3 feet.

   5.   Driveway entrances shall be no narrower than 12 feet within the limits of the legal right-of-way. Driveway entrances shall be no wider than 16 feet maximum for one- family or two-family dwellings or 24 feet maximum for nonresidential uses or multi- family dwellings.

   6.   Driveways located on a State road shall obtain a highway occupancy permit from the Pennsylvania Department of Transportation prior to the issuance of a zoning permit.

   7.   Driveways shall not cross the street right-of-way within 5 feet of a fire hydrant, catch basin or drain inlet.

   8.   Driveways shall be situated so as to comply with the Subdivision and Land Development Ordinance [Chapter 22] with respect to sight distance and barriers to vision.

   9.   Any new driveway required to be paved shall be constructed within a period of 1 year from the issuance of an occupancy permit for the improvement upon the lot for one- family or two-family dwellings. Any new driveway required to be paved shall be constructed prior to the issuance of a certificate of occupancy for nonresidential uses and multi-family uses. Any added, enlarged or relocated driveway shall be paved within 1 year of the issuance of a zoning permit.

   10.   Prior to the issuance of a zoning permit, a site plan shall be submitted which includes the driveway location, width, construction specifications, sight distance and distance from property lines. A zoning permit shall be required when a driveway is newly installed, added, enlarged or relocated.

(Ord. 462, 8/14/1995, §812; as amended by Ord. 551, 4/12/2004)

Where a building setback line has been established on at least 50% of the properties in a block, or within 150 feet of a proposed building or development, that does not conform with the requirements of this Part, the required setback distance may be varied at the discretion of the Zoning Officer. In no case shall tree required distance be less than the average existing setbacks in either instance.

(Ord. 462, 8/14/1995, §813)

   1.   Notwithstanding the limitations imposed by any other provision of this Part, multi- family dwellings containing two or more dwelling units arranged side-by-side, with each unit being separated from the others by a party-wall or walls, may be subdivided for the sale or transfer of ownership of one or more separate dwelling units, without regard to minimum lot size, width, area, setback, yard or coverage requirements of this Chapter or of the Marysville Borough Subdivision and Land Development [Chapter 22], provided that:

      A.   The multi-family dwelling to be subdivided existed prior to January 1, 1981, and is in single-ownership.

      B.   The proposed subdivision will create no change or alteration on, or to, the premises that will increase any existing non-conforming feature.

      C.   The nonconforming feature created by the proposed subdivision will be the minimum that will permit the subdivision to be effectuated.

      D.   The proposed subdivision complies in all other regards with the applicable ordinances of the Borough of Marysville.

      E.   The proposed subdivision plan is submitted to and approved by the Marysville Borough council, in accordance with the provisions of the Marysville Borough Subdivision and Land Development Ordinance [Chapter 22], as amended.

   2.   No hearing by, or action on the part of, the Zoning Hearing Board will be required for such subdivisions, so long as the proposed plan complies with all other provisions of this Chapter and the Marysville Borough Subdivision and Land Development Ordinance [Chapter 22].

(Ord. 462, 8/14/1995, §814)

   1.   Commercial equipment shall not be parked or stored on any public street or right- of- way, except for loading and unloading purposes or for construction purposes during the time such construction is being undertaken. For the purposes of this Part, commercial equipment shall include but not be limited to the following:

      A.   Trailers of any nature, type or condition.

      B.   Trucks of a capacity exceeding 11,000 pounds gross vehicle weight (GVW).

      C.   Tandems.

      D.   Tractor-trailers.

      E.   Tractors (semi).

      F.   Other commercial or construction or cargo moving vehicles or equipment, except for trucks of a capacity of 11,000 pounds gross vehicle weight (GVW) or less.

      G.   All buses, omnibuses, and other vehicles capable of transporting 15 or more people.

(Ord. 462, 8/14/1995, §815)

Recreational equipment shall not be parked or stored on any public street right-of-way, except for loading and unloading purposes. For the purposes of this Part, recreational equipment shall include but not be limited to the following:

      A.   Recreational vehicles.

      B.   Trailers of any kind (travel, camper, boat, etc.).

(Ord. 462, 8/14/1995, §816)

Each new residential dwelling unit shall comply with the following minimum habitable floor area requirements:

      A.   For dwelling units within an R-1 district:

         (1)   Single-family detached units - 950 square feet.

         (2)   Conversion apartments - as provided in § 27-1103 of this Chapter.

         (3)   All other dwelling units - 850 square feet.

      B.   For dwelling units within other districts:

         (1)   Conversion apartments as provided in § 27-1103 of this Chapter.

         (2)   Two bedroom elderly housing units - 700 square feet.

         (3)   All other dwelling units - 850 square feet.

(Ord. 462, 8/14/1995, §817)

Yard sales shall be permitted by owners or occupants of residential structures. The owner or occupant of any residential structure shall be permitted to have no more than three yard or garage sales or similar type sale in any calendar year. Every owner or occupant intending to have a garage or yard sale or similar sale shall notify the Borough Secretary as to the date of the proposed sale and the names of the persons contributing merchandise for that sale. All signs advertising a yard sale shall be removed within 48 hours of the termination of the yard sale.

(Ord. 462, 8/14/1995, §818)

   1.   A business or commercial activity administered or conducted as an accessory use which is clearly secondary to the use as a residential dwelling and which involves no customer, client or patient traffic, whether vehicular or pedestrian, pickup, delivery or removal functions to or from the premises, in excess of those normally associated with residential use. The business or commercial activity must satisfy the following requirements:

      A.   The business activity shall be compatible with the residential use of the property and surrounding residential uses.

      B.   The business shall employ no employees other than family members residing in the dwelling.

      C.   There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.

      D.   There shall be no outside appearance of a business use including, but not limited to, parking, signs or lights.

      E.   The business activity may not use any equipment or process which creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood.

      F.   The business activity may not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use in the neighborhood.

      G.   The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.

      H.   The business may not involve any illegal activity.

(Ord. 462, 8/14/1995; as added by Ord. 553, 5/10/2004, §1)

   1.   Permitted Home Occupations. The following activities may be conducted as home occupations in the R-1 and Conservation Districts in accordance with the requirements of Part 8:

      A.   Direct sale product distribution such as but not limited to Amway, Avon, Tupperware.

      B.   Mail order (not including retail sales from the site).

      C.   Telephone answering services.

      D.   Typing, word processing or data processing services.

      E.   Uses determined by the Zoning Officer to be of the same general character as those listed in subsection (1).

   2.   Standards. In addition to meeting all the requirements of the zoning district in which they are located, all home occupations shall also conform to the following operating standards:

      A.   The home occupation must be conducted solely within the dwelling unit of the individual engaged in the particular home occupation, except outside play area for a child day care home occupation.

      B.   No more than 25% of the total floor area of the dwelling unit may be devoted to the home occupation.

      C.   The home occupation may employ only residents of the property.

      D.   The home occupation shall not involve the use of any vehicle used exclusively in the conduct of the home occupation.

      E.   There shall be no production, storage or sale of merchandise or stock in trade, except for the limited storage of paper items associated with an office.

      F.   There shall be no exterior indication of the operation of the home occupation or variation of the residential character of the dwelling.

      G.   One home occupation shall be permitted per dwelling.

   3.   Permitted Home Occupations. The following activities may be conducted as home occupations in the R-2 Districts in accordance with the requirements of Part 8:

      A.   Beauty shops or barber shops.

      B.   Child day care up to and including five children.

      C.   Direct sale product distribution such as but not limited to Amway, Avon, Tupperware.

      D.   Mail order (not including retail sales from site).

      E.   Offices, such as but not limited to accounting, architecture, consulting, contracting, dental, engineering, financial, lawyer, medical, real estate, sales representatives.

      F.   Telephone answering services.

      G.   Typing, word processing and data processing services.

      H.   Uses determined by the Zoning Officer to be of the same general character as those listed in subsection (3).

   4.   Standards. In addition to meeting all the requirements of the zoning district in which they are located, all home occupations shall also conform to the following operating standards:

      A.   The home occupation must be conducted solely within the dwelling unit of the individual engaged in the particular home occupation, except outside lay area for a child day care home occupation.

      B.   No more than 25% of the total floor area of the dwelling unit may be devoted to the home occupation.

      C.   The home occupation may employ only residents of the property and not more than one additional person.

      D.   One off-street parking space in additional to the requirements of Part 5, “Off Street Parking, Loading and Unloading,” shall be required.

      E.   The home occupation shall not involve the use of any vehicle used exclusively in the conduct of the home occupation.

      F.   There shall be no production, storage or sale of merchandise or stock in trade, except for the limited storage of paper items associated with an office.

      G.   There shall be no exterior indication of the operation of the home occupation or variation of the residential character of the dwelling, except for a sign, which must meet the requirements of Part 6, “Signs.”

      H.   One home occupation shall be permitted per dwelling.

(Ord. 462, 8/14/1995; as added by Ord. 551, 4/12/2004)

   1.   Shall be permitted during construction.

   2.   When construction ceases, the temporary construction trailer shall be removed.

   3.   Shall be permitted while construction is in progress and a valid building permit has been issued for the building or property.

   4.   Shall not be used as a dwelling.

   5.   Shall not be used for public use.

(Ord. 462, 8/14/1995; as added by Ord. 560, 6/13/2005)

   1.   Shall not be permitted to remain on the property for more than 2 years, except as extended by the Zoning Officer upon a showing of good cause by the applicant.

   2.   Shall not be used as a dwelling.

   3.   Shall not be used for public use.

   4.   Shall meet the setback requirements in the district where it is located.

(Ord. 462, 8/14/1995; as added by Ord. 560, 6/13/2005)

   1.   Purpose. To require and set minimum standards for outdoor lighting to:

      A.   Provide for and control lighting in outdoor public places where public health, safety and welfare are potential concerns.

      B.   Protect drivers and pedestrians from the glare of non-vehicular light sources.

      C.   Protect neighbors and the night sky from nuisance glare and light trespass from improperly selected or poorly placed, aimed, applied, maintained or shielded light sources.

      D.   Promote energy efficient lighting design and operation.

      E.   Protect and retain the intended visual character of the various municipality venues.

   2.   Applicability.

      A.   All uses within the Borough where there is outdoor lighting including, but not limited to, residential, multi-family residential, commercial, industrial, public and private recreational/sports, institutional uses, and sign, billboard, architectural and landscape lighting.

      B.   Temporary seasonal decorative lighting and emergency lighting are exempt from all but the glare-control requirements of this Section.

      C.   Emergency lighting, as may be required by any public agency while engaged in the performance of their duties, is exempt.

   3.   Definitions.

   4.   Criteria.

      A.   Illumination Levels. Lighting, where required by this Section or otherwise required or allowed by the Borough, shall have intensities and uniformities and glare control in accordance with the current recommended practices of the Illuminating Engineering Society of North America (IESNA) as contained in the IESNA Lighting Handbook and applicable recommended practices, except as may otherwise be required by the Borough.

      B.   Lighting Fixture Design.

         (1)   Fixtures shall be of a type and design appropriate to the lighting application and shall be aesthetically acceptable to the Borough.

         (2)   For the lighting of predominantly horizontal surfaces such as, but not limited to parking areas, roadways, vehicular and pedestrian passage areas, merchandising and storage areas, automotive-fuel dispensing facilities, automotive sales areas, loading docks, cul-de-sacs, active and passive recreational areas, building entrances, sidewalks, bicycle and pedestrian paths, and site entrances, fixtures shall be aimed straight down and shall meet IESNA full-cutoff criteria. Fixtures with an aggregate rated lamp lumen output per fixture that does not exceed the rated output of a standard 60-watt incandescent lamp, i.e., 1,000 lumens, are exempt from the requirements of this paragraph.

         (3).   For the lighting of predominantly non-horizontal surfaces such as, but not limited to, facades, landscaping, signs, billboards, fountains, displays and statuary, fixtures shall be fully shielded and shall be installed and aimed so as to not project their output into the windows of neighboring residences, adjacent uses, past the object being illuminated, skyward or onto a public roadway. Fixtures with an aggregate rated lamp lumen output per fixture that does not exceed the rated output of a standard 60- watt incandescent lamp, i.e., 1,000 lumens, are exempt from the requirements of this subsection.

         (4)   “Barn lights,” aka “dusk-to-dawn lights,” where visible form other properties, shall not be permitted unless fully shielded.

      C.   Installation.

         (1)   Electrical feeds for lighting poles shall be run underground, not overhead.

         (2)   Poles supporting lighting fixtures for the illumination of parking areas and located directly behind parking spaces, or where they could be hit by snow plows, shall be placed a minimum of 5 feet outside paved area or tire stops, or placed on concrete pedestals at least 30 inches high above the pavement, or suitably protected by other municipality-approved means.

         (3)   Pole mounted fixtures for the illumination of horizontal tasks shall be aimed straight down.

   5.   Plan Submission. Lighting plans, when requested by the Borough, shall be submitted for variance, zoning permit or special exception applications for review and approval, in accordance with the plan-submission information requirements specified in Subdivision and Land Development Ordinance [Chapter 22 ], “Lighting Requirements and Design Standards.”

   6.   Recreational Uses. When facilities for such outdoor recreational activities as, but not limited to, baseball, basketball, soccer, tennis, track, football and miniature golf are specifically permitted by the Borough for operation during hours of darkness, the following requirements shall apply:

      A.   Lighting shall be accomplished through the use of fixtures conforming to IESNA full-cutoff criteria. The Borough may consider the use of other than full-cutoff fixtures only when it can be demonstrated to the satisfaction of the Borough that acceptable control of glare and light trespass can be achieved, taking into account the proximity of the facility to adjacent properties that could be adversely impacted. Such a proposal shall be accompanied by a visual impact plan as described in Chapter 22, “Subdivision and Land Development,” Part 6, §22- 602(8)(F)(6).

      B.   Sporting events shall be timed to end at such time that all lighting in the sports facility, other than lighting for safe exit of patrons, can be extinguished by 10 p.m., regardless of such occurrences as extra innings or overtimes.

      C.   Golf driving ranges, racetracks, trap-shooting facilities and other sports necessitating the horizontal or near horizontal projection of illumination shall not be artificially illuminated.

      D.   The following outdoor recreational facilities shall not be illuminated if located within a residential district or sited on a nonresidential property located within 1,000 feet of a residential use: basketball, baseball, football, soccer, miniature golf, tennis, track.

      E.   Maximum mounting heights for recreational lighting shall be in accordance with the following:

 

   7.   Control of Nuisance and Disabling Glare.

      A.   All lighting 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 and so as not to create a nuisance by projecting or reflecting objectionable light onto a neighboring use or property.

      B.   Floodlights and spotlights, where their use is specifically approved by the Borough, shall be so shielded, installed and aimed that they do not project their output into the windows of neighboring residences, adjacent uses, past the object being illuminated, skyward or onto a public roadway or pedestrian way.

      C.   Parking facility and vehicular and pedestrian way lighting (except for safety and security applications and all-night business operations), for commercial, industrial, recreational and institutional uses shall be automatically extinguished no later than one hour after the close of business or facility operation. When safety or security lighting is proposed for after-hours illumination, it shall not be in excess of 33% of the number of fixtures required or permitted for illumination during regular business hours.

      D.   Illumination for signs, billboards, building facades and/or surrounding landscapes for decorative, advertising or aesthetic purposes is prohibited between 11 p.m. and dawn, except that such lighting situated on the premises for a commercial establishment may remain illuminated while the establishment is actually open for business, and until 1 hour after closing.

      E.   Vegetation screens shall not be employed to serve as the primary means for controlling glare. Rather, 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.   The illumination projected from any property to a residential use shall at no time exceed 0.1 footcandle, measured line-of-sight from any point on the receiving property.

      G.   The illumination projected from any property to a nonresidential use at no time shall exceed 1.0 footcandle, measured line-of-sight from any point on the receiving property.

      H.   Externally illuminated billboards and signs shall be lighted by fixtures mounted at the top of the billboard or sign and aimed downward. The fixtures shall be designed, shielded and aimed to limit the light output onto and not beyond the sign or billboard.

      I.   Except for certain recreational lighting, fixtures meeting IESNA full-cutoff criteria shall not be mounted in excess of 20 feet above finished grade. Fixtures not meeting IESNA full-cutoff criteria shall not be mounted in excess of 16 feet above finished grade. For recreational lighting maximum mounting height requirements, subsection (6)(E) above.

      J.   The United States and the State flag shall be permitted to be illuminated from dusk till dawn. All other flags shall not be illuminated past 11 p.m. Flag lighting sources shall not exceed 10,000 lumens per flagpole. The light source shall have a beam spread no greater than necessary to illuminate the flag.

      K.   Under-canopy lighting, for such applications as gas/service stations, hotel/theater marquees, fast-food/bank/drugstore drive-ups, shall be accomplished using flat- lens full-cutoff fixtures aimed straight down and shielded in such a manner that the lowest opaque edge of the fixture shall be below the light source at all lateral angles. The average illumination intensity in the area directly below the canopy shall not exceed 20 maintained footcandles and the maximum intensity shall not exceed 40 maintained footcandles.

      L.   The use of white strobe lighting for tall structures such as smokestacks, chimneys and radio / communications / television towers is prohibited during hours of darkness, except as specifically required by FAA.

      M.   Glare or Heat. Any operation producing intense glare or heat shall be conducted within an enclosed building or with other effective screening in such a manner as to make such glare or heat completely imperceptible from any point along the property line. No heat from any use shall be sensed at any property line to the extent of raising the ambient temperature of air or materials more than 5ºF. Any operation or activity that produces glare shall be conducted so that direct or indirect light from the source shall not cause illumination in excess of 0.5 footcandles measured at the property line.

   8.   Nonconforming Lighting. Any lighting fixture or lighting installation existing on the effective date of this Section that does not conform with the requirements of this Section, shall be considered as a lawful nonconformance. A nonconforming lighting fixture or lighting installation shall be made to conform with the requirements of this Section when:

      A.   Minor corrective action, such as re-aiming or shielding can achieve conformity with the applicable requirements of this Section.

      B.   It is deemed by the Borough to create a safety hazard.

      C.   It is replaced by another fixture or fixtures, abandoned, relocated or repaired (except for routine maintenance).

      D.   There is a change in use of the property.

      E.   All lighting not in compliance with this Section 10 years hence, shall immediately be brought into compliance.

   9.   Measurement.

      A.   Lighting levels shall be measured in footcandles. Measurement shall be taken with a direct reading portable light meter or light reading equipment recommended by the Borough Engineer.

      B.   Method. Readings shall be taken by qualified personnel so that the light reading meter has been exposed long enough to provide a constant reading. Measurements shall be made after dark with the light sources in question on, then with the same sources off. The difference between the two readings shall be compared to the maximum permitted illumination at the property lien at ground level. This procedure eliminates the effects of moonlight and other ambient light.

   10.   Flickering or flashing of lights shall be prohibited.

   11.   Light sources or luminaries shall not be located within required buffer yard areas except for pedestrian walkways.

(Ord. 462, 8/14/1995; as added by Ord. 560, 6/13/2005)

Soil erosion and sedimentation shall be minimized to prevent the loss of valuable topsoil and negative effects on streams in the Borough. The following standards and exceptions shall apply to all development, earth disturbances and uses:

      A.   Erosion and sedimentation control measures shall be provided in accordance with the regulations and standards specified in Chapter 26, Part 1, and in conformance with PaDEP regulations for erosion and sedimentation control, 25 Pa.Code, Chapter 102.

      B.   In addition to the requirements of the preceding paragraph, any subdivision, land development or use that causes earth disturbances described below shall also require erosion and sedimentation control measures to conform to acceptable engineering standards and process:

         (1)   Excavation, fill or any combination thereof that exceeds 500 cubic yards.

         (2)   Fill will exceed 3 feet in depth at its deepest point as measured from the natural ground surface.

         (3)   Excavation will exceed four feet in vertical depth at its deepest point measured from the natural ground surface.

         (4)   Plant or tree cover to be removed from any area exceeding 2,000 square feet on any parcel of land.

         (5)   Where any land located in a stream channel or body of water is disturbed.

         (6)   Excavation, fill or any combination thereof that exceeds an area of 2,000 square feet.

      C.   Exemptions. Farming and agricultural uses shall be exempt from the erosion and sedimentation control requirements of this Section.

      D.   An erosion and sedimentation control plan shall accompany the application for a zoning permit. A letter of approval from the Borough Engineer is required prior to the issuance of a zoning permit.

(Ord. 462, 8/14/1995; as added by Ord. 564, 8/8/2005)

   1.   Stormwater management and drainage facilities shall be provided for the following:

      A.   Subdivision and land development.

      B.   An increase in impervious surface of the site.

      C.   Changes in soil absorption caused by compaction during development or timber harvesting.

      D.   Modification in contours, including filling and/or draining of low areas.

      E.   Alterations of drainage ways or installation of collection systems to intercept street flows or to replace swales or other drainage ways.

      F.   Alteration of subsurface flows, including any groundwater dewatering or diversion practices.

   2.   Stormwater management and drainage shall meet the regulations and standards specified in Chapter 26, Part 1.

   3.   A stormwater plan shall accompany the application for a zoning permit. A letter of approval from the Borough Engineer is required prior to the issuance of a zoning permit.

(Ord. 462, 8/14/1995; as added by Ord. 564, 8/8/2005)