Palmyra City Zoning Code
ARTICLE III
General Provisions
§ 380-24 Access drive requirements (non-single-family dwelling).
A.
Number per lot. Except as specified elsewhere, the number of access drives intersecting with a street may not exceed the equivalent of one two-way access drive per each 300 feet of lot frontage and no more than a total of the equivalent of two two-way access drives per lot frontage. The Borough may restrict access to right-turn-only ingress and egress to ensure safe and efficient movements. The Zoning Hearing Board may grant a variance for additional access points where required to meet exceptional circumstances and where frontage of unusual length exists.
B.
Setbacks. All access drives shall be set back at least:
(1)
Twenty feet from the intersection of any street right-of-way lines;
(2)
Twenty feet from any other access drive located upon the same lot (measured from cartway edges); and
(3)
Fifteen feet from any side and/or rear lot lines; however, the setback may be eliminated along one lot line when a joint parking lot is shared by adjoining uses;
[Amended 4-12-2022 by Ord. No. 815]
(4)
Where applicable, a proposed access drive located on one side of a street or alley shall be aligned so that it is directly across from another access drive or intersection on the opposite side of the street or alley;
(5)
If any of the preceding required setbacks cannot be met, the Zoning Hearing Board may grant a special exception to approve an alternate access drive design subject to the following criteria:
(a)
There shall be a minimum ten-foot tangent distance between the end of the intersecting roadway radius and the beginning radius of a permitted access drive.
(b)
If no other reasonable access to the property is available, and no reasonable alternative is identified, the access drive shall be located the farthest possible distance from the intersecting roadway. In such cases, directional connections (i.e., right in/right out only, right in only or right out only) may be required.
(c)
The Borough shall require restrictions at the access drive if the Borough Engineer determines that the location of the access drive and particular ingress or egress movements will create safety or operational problems.
C.
Clear sight triangle. Access drives shall be provided and maintained with a clear sight triangle in accordance with § 318-26L(6) of Chapter 318, Subdivision and Land Development. Deviations from these requirements that are proposed during the subdivision/land development process shall be permitted as a modification according to § 318-12 of Chapter 318, Subdivision and Land Development. Deviations from these requirements that are proposed during the zoning permit process that do not involve subdivision/land development review shall be permitted as a variance according to § 380-139C of this chapter.
D.
Access management along arterial roads. Where possible, vehicular access for nonresidential land uses along arterial roads (see § 380-43) shall incorporate shared access drives among adjoining land uses with interconnected off-street parking lots. Such shared access drives shall be accompanied by a cross-access easement in a form acceptable to the Borough Solicitor.
E.
Slope. Access drives shall not exceed a slope of 4% within 75 feet of the intersecting street center line and 10% elsewhere.
F.
Surfacing. The entire length and width of all access drives shall be provided and maintained with a paved surface as defined herein.
G.
Access drive width. The following table specifies various access drive width requirements:
Function | Required Minimum Cartway Width (feet) | |
|---|---|---|
Two lanes of traffic without parallel parking* | 24 | |
One lane of traffic without parallel parking** | 12 | |
Median separating traffic lanes | 4 |
NOTES: | ||
|---|---|---|
* | Off-street parking lots must be provided in accordance with § 380-38 of this chapter and the prohibition of on-street parking must be identified along the cartway. | |
** | The one-way direction of traffic must be identified along the cartway. | |
H.
Access drive throat length and radius. The following table specifies various access drive throat length requirements for uses within the (MFR, HC, LI and HI) Zones to be measured between the closest edge of two intersection cartways and the proposed access drive:
Access Drive Type | Required Minimum Throat Length (feet) | Minimum Required Radius Uncurbed/Curbed (feet) | |
|---|---|---|---|
Low volume (up to 750 vehicles per day) | 50* | 15/25 | |
Medium volume (between 751 and 1499 vehicles per day) | 120* | 15/25 | |
High volume (over 1,499 vehicles per day) | 150* | 35 |
NOTES: | ||
|---|---|---|
* | Or as determined through a queuing analysis as part of a traffic impact study in accordance with § 380-42 of this chapter. | |
I.
Required permit. Any access drive intersecting with a state-owned road shall require the issuance of a highway occupancy permit from the Pennsylvania Department of Transportation. Any access drive intersecting with a Borough-owned road shall require the issuance of a zoning permit in accordance with the requirements of this chapter.
J.
Sight distance. Adequate sight distance shall be provided in accordance with § 318-26 of Chapter 318, Subdivision and Land Development. Deviations from these requirements that are proposed during the subdivision/land development process shall be permitted as a modification according to § 318-12 of Chapter 318, Subdivision and Land Development. Deviations from these requirements that are proposed during the zoning permit process that do not involve subdivision/land development review shall be permitted as a variance according to § 380-139C of this chapter.
K.
Access drive configuration.
(1)
For uses requiring a traffic impact study as per § 380-42 of this chapter, access drives shall incorporate those features deemed warranted to minimize congestion (e.g., traffic signalization, dedicated turning lanes and signal cycles, acceleration/deceleration lanes, medians, one-way access drives, etc.).
(2)
Channelization. When recommended in a traffic impact study as per § 380-42, channelization islands and medians shall be used to separate conflicting traffic movements into specified lanes to facilitate orderly movements for vehicles and pedestrians. Where it is found to be necessary to restrict particular turning movements at an access drive, due to the potential disruption to the orderly flow of traffic or a result of sight distance constraints, the Borough shall require a raised channelization island. Raised channelization islands shall be designed with criteria consistent with the latest AASHTO publication entitled "A Policy on Geometric Design of Highways and Streets."
L.
Connection to lesser road classification. Whenever a use has the ability to connect its access drive(s) to either of two different classifications of roads as listed in § 380-43 of this chapter, such access drives shall be required to connect with that road of lower classification according to the following hierarchy:
Highest Classification >>>>>>>>>>>>>>>>>>>>>>>>>> Lowest Classification | ||
|---|---|---|
Arterial | Collector | Local |
§ 380-25 Access to properties and structures.
A.
Every new principal use created and/or building hereafter erected or moved shall be on a lot with frontage along a public street or approved private street.
B.
Outparcel lots are also permitted, provided that they have adequate vehicular access in accordance with this section, and such uses shall be accompanied by a cross-access easement in a form acceptable to the Borough Solicitor. Outparcels relying upon an internal vehicular road network shall be designed to avoid excessive queuing across parking aisles.
C.
All structures shall be sited on lots in such manner to provide for safe and convenient access for servicing, fire protection, waste collection, required off-street parking and loading spaces. The creation of new principal uses and the erection of buildings without approved access shall not be permitted.
D.
Approved access shall be defined in terms of Chapter 318, Subdivision and Land Development, for street design or as subsequently provided for by the Borough. Access to lots containing single-family dwellings and farms shall be via driveways (see § 380-28); access to lots containing other uses shall be via access drives (see § 380-24).
§ 380-26 Clear sight triangles.
A.
On corner lots, there shall be provided and maintained a clear sight triangle of at least 75 feet, as measured along the center line of each street from the intersecting roads and 15 feet from the edge of the travel lane at the intersection. No structure, planting, excavation, nor other visual obstruction shall be permitted at a height greater than three feet within such area. All such clear sight triangles shall be depicted upon proposed subdivision and land development plans and sketch plans for zoning permit applications. If the clear sight triangle is not contained entirely within the public right-of-way, all recorded plans with access drives shall include a note granting the Borough access to remove any visual obstruction within the clear sight triangle.
[Amended 4-12-2022 by Ord. No. 815[1]]
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[1]
Editor's Note: This ordinance provided for the revision of the diagram below to illustrate the length for an arterial street as 150 feet.
§ 380-27 Common open space requirements.
A.
In those instances where open space is required elsewhere in this chapter, or when an applicant proposes the use of open space, such open space shall comply with the following.
B.
Required open space design. Required open space shall be designed and arranged to achieve at least one of the following objectives, and the applicant shall demonstrate those specific measures employed to achieve these objectives:
(2)
Protection of important historical and/or archaeological sites;
(3)
Provision of usable play and recreation areas that are conveniently accessible to residents within the development and the Borough; and
(4)
Integration of greenbelts throughout the development that link residences with on-site or adjoining parks, schools or other similar features.
C.
Ownership and maintenance. An essential element of the provision of open space is a written description regarding its ownership and/or disposition. Such ownership and/or disposition shall be accomplished through any of the following:
(1)
An offer of dedication to the Borough. The Borough shall not be obligated to accept dedication of the common open space;
(2)
With permission of the Borough, and with an appropriate conservation easement as specified in Subsection D of this chapter, the developer may transfer ownership of the common open space or a portion thereof to a private, nonprofit organization among whose purposes is the preservation of open space land and/or natural resources. The organization shall be a bona fide conservation organization with a perpetual existence, the conveyance must contain appropriate provision for reverter or retransfer if the organization is unable to maintain the land, and the organization must enter into a maintenance agreement with the Borough; and/or
(3)
The developer shall provide for and establish an organization for the ownership and maintenance of the common open space which shall be generally consistent with the requirements for unit owners; associations found in the Pennsylvania Uniform Condominium Act, 68 Pa.C.S.A. § 3101 et seq., or the Pennsylvania Planned Community Development Act. If such an organization is created, the agreements of sale and deeds for all lots shall contain the following requirements in language acceptable to the Borough Solicitor:
(a)
Such organization shall not dispose of the common open space by sale or otherwise, except to the Borough unless the Borough has given prior written approval. Such transfer shall be made only to another organization which shall maintain the common open space in accordance with this chapter;
(b)
The organization and all lot owners shall enter into a maintenance agreement with the Borough and shall agree to be bound by the provisions of Article VII of the Pennsylvania Municipalities Planning Code[1] relating to the maintenance of deteriorating common open space by municipalities; and
[1]
Editor's Note: See 53 P.S. § 10701 et seq.
(c)
The Borough may require the establishment of a reserve fund to provide for maintenance of or capital improvements to the common open space.
D.
Permanent protection of common open space. Required common open space shall be subject to permanent conservation easements in a form that is acceptable to the Borough Solicitor. Such conservation easement shall, unless waived by the Borough Council, limit future development and define the range of permitted activities. (For example, the clearing of woodland habitat shall generally be prohibited, except as necessary to create trails, active recreation facilities, and/or to install subsurface septic disposal systems or spray irrigation facilities.) The determination of necessity shall lie solely with the Borough Council.
§ 380-28 Driveway requirements (single-family dwelling).
A.
Number per lot. No more than two driveway connections per lot frontage shall be permitted;
B.
Setbacks. Driveways shall not connect with a public street within 40 feet of the right-of-way lines of any intersecting streets; except that driveways may connect with a local street as listed in § 380-43 of this chapter directly opposite another local street or access drive. Driveways shall not connect with a public street within five feet of a fire hydrant. Furthermore, no part of a driveway shall be located within five feet from any adjoining side lot line, except as permitted in Subsections K, L, M, and N of this section;
C.
Clear-sight triangle. Driveways shall be provided and maintained with a clear sight triangle in accordance with § 318-26L(6) of Chapter 318, Subdivision and Land Development. Deviations from these requirements that are proposed during the subdivision/land development process shall be permitted as a modification according to § 318-12 of Chapter 318, Subdivision and Land Development. Deviations from these requirements that are proposed during the zoning permit process that do not involve subdivision/land development review shall be permitted as a variance according to § 380-139C of this chapter.
D.
Adequate sight distance. Adequate sight distance shall be provided in accordance with § 318-26 of Chapter 318, Subdivision and Land Development. Deviations from these requirements that are proposed during the subdivision/land development process shall be permitted as a modification according to § 318-12 of Chapter 318, Subdivision and Land Development. Deviations from these requirements that are proposed during the zoning permit process that do not involve subdivision/land development review shall be permitted as a variance according to § 380-139C of this chapter.
E.
Slope. A driveway shall not exceed a slope of 8% within 25 feet of the street right-of-way lines, nor 15% at any point;
F.
Road classification. Driveway access shall be provided to the street of lesser classification when there is more than one street classification involved;
G.
Driveway surface, width and apron. No driveway shall be less than ten feet in width nor exceed 24 feet in width between the street right-of-way and the street cartway. All driveways shall be paved or be constructed with a paved apron that extends from the back edge of the sidewalk to a depth of at least 20 feet onto the subject property. Beyond the paved apron all driveways shall be provided with a dust-free surface;
[Amended 4-12-2022 by Ord. No. 815]
H.
Required permit. Any driveway intersecting with a State-owned road shall require the issuance of a highway occupancy permit from the Pennsylvania Department of Transportation. Any driveway intersecting with a Borough-owned road shall require the issuance of a zoning permit in accordance with the requirements of this chapter.
I.
Drainage. Driveways shall be constructed in a manner consistent with the design, maintenance, and drainage of the street;
J.
Vertical clearance. Driveways shall maintain a height of at least 12 feet that is clear of obstructions and vegetation to facilitate emergency vehicle access;
K.
Townhouses on individual lots are permitted to utilize front-yard driveways and garages, if such driveways are only connected to local roads, and comply with the following regulations as depicted in the following diagram:
(1)
Such driveways must be separate on each lot and shall accommodate at least two of the required three off-street parking spaces;
(2)
Such driveway shall be at least 40 feet in length when single-width driveways are used without a garage (see Lot 7 in diagram below);
(3)
Such driveway shall be at least 20 feet in length when single-width driveways are used with a garage (see Lot 4);
(4)
Such driveway shall be at least 20 feet in length when double-width driveways are used with or without a garage (see Lot 3);
(5)
Such driveways must be set back at least:
(a)
Two feet from any lot line of an adjoining townhouse (see common lot lines between Lots 1 and 2 and 5 and 6 and see the inset in the following diagram);
(b)
Thirty feet from the right-of-way of any street or alley which does not connect with the driveway (see Lot 1);
(c)
Twenty feet from the lot line of an end unit that abuts another end unit or a non-townhouse use (see Lot 7); and
(d)
Five feet from the closest point of any building other than a garage (see Lot 1).
(6)
No individual driveway shall be narrower than 10 feet (see Lot 7);
(7)
Garages must be attached to, and rely upon, a driveway as permitted above;
(8)
Garages must be set back at least:
(a)
Twenty feet from the street right-of-way (see Lot 4);
(b)
Five feet from any lot line of an adjoining townhouse that does not share an attached garage (see common lot line between Lots 4 and 5);
(c)
Five feet, from the townhouse building when the garage is a freestanding building (see Lots 3 and 4); and
(d)
Twenty feet from the lot line of an end unit that abuts another end unit or a non-townhouse use (see Lot 7).
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L.
Townhouses on individual lots are permitted to utilize rear yard driveways and garages, if such driveways and garages comply with the following requirements as depicted in the following diagram:
(1)
Such driveways must be separate on each lot and shall accommodate at least two of the required three off-street parking spaces;
(2)
Such driveway shall be at least 40 feet in length when single-width driveways are used without a garage (see Lot 7 in the diagram below);
(3)
Such driveway shall be at least 20 feet in length when single-width driveways are used with a garage (see Lot 4);
(4)
Such driveway shall be at least 20 feet in length when double-width driveways are used with or without a garage (see Lot 3);
(5)
Such driveways must be set back at least:
(a)
Two feet from any lot line of an adjoining townhouse (see common lot lines between Lots 1 and 2 and 5 and 6);
(b)
Thirty feet from the right-of-way of any street or alley which does not connect with the driveway (see Lot 1);
(c)
Twenty feet from the lot line of an end unit that abuts another end unit or a non-townhouse use (see Lot 7); and
(d)
Five feet from the closest point of any building other than a garage.
(6)
No individual driveway shall be narrower than 10 feet (see Lot 7);
(7)
Garages must be attached to, and rely upon, a driveway as permitted above;
(8)
Garages must be set back at least:
(a)
Twenty feet from the rear lot line or alley cartway, whichever provides the greater setback (see Lot 4);
(b)
Five feet from any lot line of an adjoining townhouse that does not share an attached garage (see common lot line between Lot 5);
(c)
Five feet, from the townhouse building when the garage is a freestanding building (see Lot 6); and
(d)
Twenty feet from the lot line of an end unit that abuts another end unit or a non-townhouse use (see Lot 7).
 |
M.
Townhouses on common property are permitted to utilize front-yard driveways and garages, if such driveways are only connected to local roads, and comply with the following requirements as depicted in the following diagram:
(1)
Such driveways must be separate for each unit and shall accommodate at least two of the required three off-street parking spaces;
(2)
Such driveway shall be at least 40 feet in length when single-width driveways are used without a garage (see Unit 7 in the following diagram);
(3)
Such driveway shall be at least 20 feet in length when single-width driveways are used with a garage (see Unit 4);
(4)
Such driveway shall be at least 20 feet in length when double-width driveways are used with or without a garage (see Unit 3);
(5)
Such driveways must be set back at least:
(a)
Four feet from any other driveway of an attached townhouse (see between Units 1 and 2 and 5 and 6 in the following diagram);
(b)
Thirty feet from the right-of-way of any street or alley which does not connect with the driveway (see Unit 1);
(c)
Twenty feet from a lot line or a non-townhouse use or 40 feet from any other driveway of an end unit that abuts another end unit (see Unit 7); and
(d)
Five feet from the closest point of any building other than a garage (see Unit 1).
(6)
No individual driveway shall be narrower than 10 feet (see Unit 7);
(7)
Garages must be attached to, and rely upon, a driveway as permitted above;
(8)
Garages must be set back at least:
(a)
Twenty feet from the street right-of-way (see Unit 4);
(b)
Ten feet from any garage of an adjoining townhouse that does not share an attached garage (see Units 4 and 5);
(c)
Five feet, from the townhouse building when the garage is a freestanding building (see Units 3 and 4); and
(d)
Twenty feet from a lot line or a non-townhouse use or 40 feet from any other driveway of an end unit that abuts another end unit (see Unit 7).
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N.
Townhouses on common property are permitted to utilize rear yard driveways and garages, if such driveways are designed and constructed to comply with the following requirements depicted in the following diagram:
(1)
Such driveways must be separate for each unit and shall accommodate at least two of the required three off-street parking spaces;
(2)
Such driveway shall be at least 40 feet in length when single-width driveways are used without a garage (see Unit 7 in the diagram below);
(3)
Such driveway shall be at least 20 feet in length when single-width driveways are used with a garage (see Unit 4);
(4)
Such driveway shall be at least 20 feet in length when double-width driveways are used with or without a garage (see Units 2 and 3);
(5)
Such driveways must be set back at least:
(a)
Four feet from any other driveway of an attached townhouse (see between Units 1 and 2 and 5 and 6 and see the inset in the above diagram);
(b)
Thirty feet from the right-of-way of any street or alley which does not connect with the driveway (see Unit 1);
(c)
Twenty feet from a lot line or a nontownhouse use or 40 feet from any other driveway of an end unit that abuts another end unit (see Unit 7); and,
(d)
Five feet from the closest point of any building other than a garage (see Unit 6).
(6)
No individual driveway shall be narrower than 10 feet (see Unit 7);
(7)
Garages must be attached to, and rely upon, a driveway as permitted above;
(8)
Garages must be set back at least:
(a)
Twenty feet from the rear lot line or alley cartway whichever provides the greater setback (see Unit 4);
(b)
Ten feet from any garage of an adjoining townhouse that does not share an attached garage;
(c)
Five feet, from the townhouse building when the garage is a freestanding building (see Units 3 and 4); and
(d)
Twenty feet from a lot line or a non-townhouse use or 40 feet from any other driveway of an end unit that abuts another end unit (see Unit 7).
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§ 380-29 Establishment of more than one principal use on a lot.
A.
More than one principal use may be established on a single lot only when each use complies with all of the lot area, yard and other requirements of this chapter (including but not limited to § 380-25 of this chapter) as though it were on an individual lot, and a plan has been recorded in compliance with Chapter 318, Subdivision and Land Development.
B.
An applicant for more than one principal use on a lot shall be required to submit information and detailed plans that demonstrate compliance with this section (e.g., ghost lot lines and related setbacks, respective ghost lot coverage calculations, etc.)
§ 380-30 Front yard exceptions.
When an unimproved lot is situated between two improved lots with front yard dimensions less than those required for the zone, the front yard required may be reduced to a depth equal to the average of the two adjoining lots, provided that in no case shall the front yard be less than 20 feet from an abutting street right-of-way line within the (LDR and MFR) Zones.
§ 380-31 Historic site protection.
A.
Purpose.
(1)
To provide the means that the Borough can protect and preserve historic sites and structures.
(2)
To initiate a process of public and technical review prior to the demolition of historic structures.
(3)
To provide for conversion alternatives generally unavailable to uses other than historic sites as a means of encouraging their preservation and use.
B.
Applicability. This section imposes a special exception review procedure for the proposed demolition and/or conversion of historic structures, as defined herein.
C.
Demolition of an historic structure.
(1)
No historic structure shall be demolished until the applicant has obtained special exception approval and a zoning permit for such demolition.
(2)
Actions required by applicant prior to application for zoning permit to demolish historic site.
(a)
Prior to the application for special exception approval to demolish an historic structure, the applicant shall be required to: request to meet with the staff of the Pennsylvania Historical and Museum Commission (PHMC) to gain their ideas about potential preservation options for the building/structure; request that the PHMC provide a written review of the proposed demolition; and provide evidence no less than 90 days has elapsed since the meeting with the PHMC if no written report has been provided by the PHMC. No special exception approval or zoning permit for the demolition of an historic structure shall be issued unless the preceding requirements have been satisfied. To inform the staff of the PHMC about the structure, the applicant shall be required to produce all of the available following materials at the time of their meeting:
(b)
Following such meeting, the PHMC shall prepare a letter of its findings for delivery to the applicant and the Borough.
(3)
In applying to the Borough for special exception approval to demolish an historic structure, the applicant is required to produce all of the available following materials and information:
(a)
Historic deeds, surveys and site plans of the subject property;
(b)
Current and historic photos of the property;
(c)
If the applicant is not the landowner, a notarized letter from the landowner requesting demolition of the historic structure;
(d)
Additional information as may be requested by the Zoning Hearing Board;
(e)
A review letter from the PHMC of its findings as required by Section Subsection C(2) of this section; and
(f)
A description of specific measures and/or relief that could enable the preservation of the subject historic structure or specific reasons why the historic structure cannot accommodate a permitted use and the demolition is warranted.
(4)
In evaluating the merits of a special exception application for the demolition of an historic structure, the Zoning Hearing board must find that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter, including but not limited to those general criteria contained within § 380-139B(2) of this chapter and will consider the following:
(a)
The findings of the PHMC in its review of the proposed demolition.
(b)
Should the Zoning Hearing Board determine that the historic structure retains significant historic value and can be practically adapted to meet the needs of the applicant, the special exception shall be denied.
(c)
Should the Zoning Hearing Board determine that the historic structure retains significant historic value and can be preserved through some other practical means, the special exception shall be denied.
(d)
Should the Zoning Hearing Board determine that the historic structure fails to retain significant historic value, the special exception shall be approved authorizing the demolition.
(e)
Should the Zoning Hearing Board determine that the historic structure cannot be practically adapted to meet the needs of the applicant, the special exception shall be approved authorizing the demolition.
(f)
Should the Zoning Hearing Board determine that the historic structure cannot be preserved by any practical means, the special exception shall be approved authorizing the demolition.
§ 380-32 Height limit exceptions.
A.
The height regulations do not apply to the following structures or projections provided such structures or projections are set back a horizontal distance at least equal to their height from any lot line, are not used for habitable floor space, comply with § 380-23, Airport Safety Zone, of this chapter, comply with applicable FAA regulations and are constructed in accordance with the prevailing Uniform Construction Code:
(1)
Water towers, antennas, utility poles, smokestacks, chimneys, farm silos, windmills, flagpoles, clock or bell towers, spires, steeples, belfries, cupolas, monuments, dormers, satellite dishes, electrical transmission lines and structures, conveyors, derricks, skylights, solar energy collectors and other similar structures;
(2)
Rooftop structures for the housing of elevators, stairways, water storage tanks, ventilating fans, and other mechanical appurtenances;
(3)
Parapet walls or cornices used solely for ornamental purposes if not in excess of five feet above the roof line; and
(4)
Church or school roofs.
B.
In no case shall any freestanding or rooftop structure above the maximum permitted height be used for the purpose of providing additional floor space for any use; and
§ 380-33 Outdoor lighting.
A.
Illumination requirements.
(1)
Under canopy lighting, for such applications as gas/service stations, hotel/theater marques, 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.
(2)
Wall-mounted luminaires intended for parking lot illumination on commercial, industrial, nonresidential, and multifamily residential buildings and structures shall have fixtures that cut off direct light from view. All parking lot and site perimeter lighting shall be located on poles or at ground level and must be directed towards the property interior. All luminaires designed for entryways and decorative purposes on nonresidential and multifamily residential buildings and structures which exceed 3000 lumens shall have fixtures that cut off direct light from view.
(3)
All nonresidential site light sources, and residential light sources higher than 12 feet, shall be directed away from public streets and private properties. The lamps shall be shielded in a manner so that they are not visible from the adjoining property. Sensor controlled lamps exceeding 3000 lumens shall have cutoff-type luminaires.
(4)
Parking lot lighting designs may include luminaires of a particular "period" or architectural style as an alternative or supplement to the cutoff luminaires, provided that:
(5)
In parking lots, luminaires shall be located on mast arms, where necessary, such that trees do not interfere with the required lighting.
(6)
Parking facility, vehicular and pedestrianway lighting (except for safety, security applications, and all-night business operations), for commercial, industrial, and institutional uses shall be automatically extinguished no later than one hour after the close of business or facility operations. When safety and security lighting is proposed for after-hours illumination, light levels shall be reduced by 66% through the use of automatic and/or dimmable controls.
(7)
Recreational lighting for playing fields shall be permitted and the luminaires must be fully shielded and have a cutoff angle of light less than 90°. Fixtures must comply with the following maximum permitted heights as measured above finished grade:
Outdoor Recreation Activity | Maximum Mounting Height (feet) | |
|---|---|---|
Basketball | 35 | |
Football | 70 | |
Soccer, lacrosse, field hockey, rugby and other similar field sports | 70 | |
Baseball, 200-foot radius | 60 | |
Baseball, 300-foot radius | 90 | |
Miniature golf | 20 | |
Swimming pool aprons | 20 | |
Tennis | 50 | |
Track | 70 |
(8)
Streetlights shall be exempt from the provisions of this chapter, except that federal interstate, state, and township streets shall have a maximum fully shielded luminaire height of 25 feet.
(9)
Temporary holiday and special event lighting is permitted and shall be placed to prevent glare.
(10)
Flood and/or spot lights shall be so shielded, installed, and aimed so 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 pedestrianway.
(11)
"Barn lights" (aka "dusk-to-dawn lights"), where visible from other properties, shall not be permitted unless fully shielded.
(12)
Luminaires shall not be permitted which shine into the night sky. Flood and/or spotlights utilized for the uplighting of building facades and landscaping shall have luminaires with a maximum output of no more than 1800 lumens per story, with spacing at no less than four-foot intervals and shall be completely shielded to prevent glare into the night sky.
(13)
All flags and flagpoles may be illuminated from dusk till dawn. Flag lighting sources shall not exceed 10,000 lumens per flagpole for flagpoles up to 25 feet in height. The light source shall have a beam spread no greater than necessary to illuminate the flag.
(14)
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, fitted, and aimed to place the light output onto and not beyond the sign or billboard. (See § 380-45 of this chapter.)
(15)
Interior illuminated signs shall consist of colored or opaque backgrounds utilizing lighter-colored text.
(16)
The illumination projected from any use onto a different residential use shall at no time exceed 0.1 footcandle, measured line of sight from any point on the receiving residential property:
(17)
The illumination projected away from any property to a nonresidential use shall at no time exceed 1.0 footcandle, measured line of sight from any point on the receiving property.
(18)
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, baffles, and appropriate application of fixture-mounting height, wattage, aiming angle, and fixture placement.
B.
Nonconforming lighting. Any lighting fixture or lighting installation existing on the effective date of this chapter 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:
C.
Emergency lighting, as may be required by any public agency while engaged in the performance of their duties is exempt from the provisions contained within this section.
D.
Federal and state required security lighting shall be exempt from the provisions contained within this section.
E.
Exterior lighting plan.
(1)
Any applicant for any approval shall submit an exterior lighting plan with the initial application. If the proposed use is authorized by special exception, the applicant shall present the exterior lighting plan as part of the application for a special exception. If the proposed use is as of right and requires subdivision or land development approval, the applicant shall submit an exterior lighting plan with the sketch plan if a sketch plan is mandatory or, if a sketch plan is not mandatory, with the preliminary subdivision or land development plan. Applicants desiring to install exterior lighting who do not require approval of a special exception or a subdivision or land development plan shall submit an exterior lighting plan with the application for a zoning permit.
(2)
An exterior lighting plan shall include, but not be limited to, a detailed grid of illumination levels, a calculation as to the average illumination levels, the number of lighting fixtures, the height and location of the mounting fixtures, including the underside of any canopies, details as to how lighting will be recessed and required details of how lighting will be shielded and the angle of the shielding when required, and details of any building or canopy-mounted lighting to show that the outline and roofline provisions have been met.
§ 380-34 Litter.
A.
No property shall be developed, used or maintained in a state that creates litter either on the property or upon any adjoining properties and/or roads;
B.
Any property containing litter on the effective date of this chapter shall be considered nonconforming. Such litter may continue for a period not to exceed 10 days from the effective date of this chapter. After the ten-day period, such litter shall be removed by the owner; and
C.
Should any property or use be conducted or maintained in a condition that causes repeated litter complaints or violations, the owner shall be required, upon the instruction of the Zoning Officer, to prepare and implement a working plan for the cleanup of such litter as a condition of zoning compliance.
§ 380-35 Minimum habitable floor area.
§ 380-36 Noise standards.
A.
Except for agricultural, horticultural and forestry-related uses and as provided on Subsection B of this section, no use shall regularly generate exterior noise levels in excess of those listed in the following table:
Measurement Taken Along An Adjoining Property that is Located Within the Following Zones | Time Period | Maximum Permitted Noise Level (dBA) | |
|---|---|---|---|
LDR, TR, MFR, MHP or MU | 6:00 a.m. to 10:00 p.m. | 50 | |
LDR, TR, MFR, MHP or MU | 10:00 p.m. to 6:00 a.m. | 45 | |
CBD, HC, or LI | 6:00 a.m. to 10:00 p.m. | 60 | |
CBD, HC, or LI | 10:00 p.m. to 6:00 a.m. | 55 | |
HI | Anytime | 70 |
B.
Should the ambient noise level at any location exceed the above standards, that ambient noise level shall become the maximum permitted noise level at that location. The maximum permitted noise level shall be applied to regularly occurring uses and activities; the following short-term temporary noises and infrequent instantaneous noises may be permitted at noise levels 20 dBA higher than the above-described standards, but only between 7:00 a.m. and 10:00 p.m.:
C.
Sound pressure level shall be measured according to the specifications published by the American Standard Association.
D.
All noise shall be muffled so as not to be objectionable due to intermittence, beat, frequency, or shrillness.
E.
The maximum permissible sound limits listed above shall not apply to any of the following noise sources:
(1)
The emission of sound for the purpose of alerting people to the existence of an emergency or associated practice drill.
(2)
Emergency work to provide electricity, water, or other public or private utility when the public health, safety, and welfare of the general population is at risk.
(3)
Domestic power tools, machines, and/or equipment between the hours of 7:00 a.m. and 7:00 p.m. (prevailing time).
(4)
Excavation and commercial construction operations and/or activities carried on between the hours of 7:00 a.m. and 7:00 p.m. (prevailing time).
(5)
Public celebrations, including fireworks displays, authorized by the Borough.
(6)
Blasting in conjunction with nonextractive related excavation and construction operations between the hours of 7:00 a.m. and 7:00 p.m. (prevailing time).
§ 380-37 Off-street loading.
A.
When required. Off-street loading shall be required in accordance with this section prior to the occupancy of any building or use that requires off-street loading. Off-street loading shall be provided on the same lot as the use that it serves. These facilities shall be provided whenever:
B.
Location and design.
(1)
Except as provided elsewhere, a ground-level off-street loading space may only be located in any side or rear yard.
(2)
No off-street loading space is permitted between a building and an adjoining street right-of-way.
(3)
No off-street loading space shall be located on the face of a building facing any adjoining land in the (LDR, TR, MFR, MHP or MU) Zones unless said loading space is at least 50 feet from said adjoining land.
(4)
No exterior portion of an off-street loading space (including access drives) shall be located within the following specified distances from adjoining land within the following respective Zones:
Minimum Required Setbacks for Off-Street Loading | ||||||||
|---|---|---|---|---|---|---|---|---|
Zone From Which Loading Space Must be Set Back (feet) | ||||||||
Zone Within Which Loading Space is Located | LDR | TR | MFR | MU | HC | LI | HI | |
LDR | 50 feet | 50 feet | 50 feet | 50 feet | 10 feet | 10 feet | 10 feet | |
TR | 50 feet | 50 feet | 50 feet | 50 feet | 10 feet | 10 feet | 10 feet | |
MFR | 50 feet | 50 feet | 50 feet | 50 feet | 10 feet | 10 feet | 10 feet | |
MU | 20 feet | 20 feet | 20 feet | 20 feet | 10 feet | 10 feet | 10 feet | |
CBD | 20 feet | 20 feet | 20 feet | 20 feet | 10 feet | 10 feet | 10 feet | |
HC | 50 feet | 50 feet | 50 feet | 50 feet | 10 feet | 10 feet | 10 feet | |
LI | 50 feet | 50 feet | 50 feet | 50 feet | 10 feet | 10 feet | 10 feet | |
HI | 50 feet | 50 feet | 50 feet | 50 feet | 10 feet | 10 feet | 10 feet | |
D.
Schedule of required off-street loading spaces. The schedule of required off-street loading spaces is as follows:
[Amended 4-12-2022 by Ord. No. 815]
Type of Use | Number Spaces Per | Gross Floor Area | |
|---|---|---|---|
Hospital or other institution | None 1.0 +1.0 | First 10,000 square feet 10,000 to 100,000 square feet Each additional 100,000 square feet (or fraction) | |
Hotel | None 1.0 +1.0 | First 10,000 square feet 10,000 to 100,000 square feet Each additional 100,000 square feet (or fraction) | |
Industry or manufacturing | None 1.0 +1.0 | First 2,000 square feet 2,000 to 25,000 square feet Each additional 40,000 square feet (or fraction) | |
Office building, including banks | None 1.0 +1.0 | First 10,000 square feet 10,000 to 100,000 square feet Each additional 100,000 square feet (or fraction) | |
Retail sales and services, per use | None 1.0 2.0 +1.0 | First 2,000 square feet 2,000 to 10,000 square feet 10,000 to 40,000 square feet Each additional 100,000 square feet (or fraction) | |
Shopping centers (integrated shopping centers, malls and plazas) having at least 25,000 square feet of gross floor area | See § 380-117 | ||
Theater, auditorium, bowling alley, or other recreational establishment | None 1.0 +1.0 | First 10,000 square feet 10,000 to 100,000 square feet Each additional 100,000 square feet (or fraction) | |
Undertaking establishment or funeral parlor | None 1.0 +1.0 | First 3,000 square feet 3,000 to 5,000 square feet Each additional 10,000 square feet (or fraction) | |
Wholesale or warehousing (except mini-warehousing) | None 1.0 +1.0 | First 1,500 square feet 1,500 to 10,000 square feet Each additional 40,000 square feet (or fraction) | |
Multifamily dwelling | None 1.0 +1.0 | Less than 50 dwelling units 50 to 200 dwelling units Each additional 200 dwelling units (or fraction) | |
Restaurant | 1.0 | All restaurants |
§ 380-38 Off-street parking.
A.
When required. Except as noted in § 380-19I of this chapter, off-street parking shall be required in accordance with the provisions of this section prior to the occupancy of any building or use. Off-street parking shall be provided whenever:
B.
Reduction of existing parking. Off-street parking facilities existing at the effective date of this chapter shall not subsequently be reduced to an amount less than that required under Subsection I of this section.
C.
Parking for single-family detached dwellings. Every single-family dwelling shall be required to provide at least two off-street parking spaces that are each rectangular and a minimum of nine feet wide and 18 feet long. Such spaces must be provided behind the street right-of-way line and may be within garages, carports, and/or driveways. Additional regulations pertaining to driveways are contained in § 380-28 of this article. The remaining regulations contained in this section do not apply to off-street parking facilities serving one single-family detached dwelling.
[Amended 4-12-2022 by Ord. No. 815]
D.
Size, design, and site plan for uses other than single-family detached dwellings.
[Amended 4-12-2022 by Ord. No. 815]
(2)
Each application for a zoning permit for a use that requires off-street parking spaces shall include a site plan showing the proposed layout of the lot which must comply with § 318-27 of Chapter 318, Subdivision and Land Development. The site plan shall clearly indicate all of the design elements required here below but does not require an engineered drawing.
(3)
No zoning permit shall be issued for any use for which off-street parking spaces are required unless the site plan has been approved or necessary variances have been obtained.
E.
Joint parking lots. Parking lots may be designed to serve more than one use, provided that the number of spaces is not less than the sum of the spaces that would be required for each use if calculated separately. For the purposes of determining required landscape strips and interior landscaping required by § 380-44 of this chapter and of Chapter 318, Subdivision and Land Development, all parking spaces within a joint parking lot shall be combined.
F.
Prohibited uses of a parking lot. Except as may be permitted in accordance with § 380-40 of this chapter, parking lots are for the sole purposes of accommodating the passenger vehicles of persons associated with the use which requires them. Parking lots shall not be used for the following and/or loading purposes:
(1)
The sale, display, or storage of automobiles or other merchandise, except as otherwise permitted by this chapter;
(2)
Parking vehicles accessory to the use;
(3)
Performing services (including services to vehicles);
(4)
The placement or storage of trailers, trucks, portable storage containers, palettes or other similar structures, vehicles, items or materials; or
(5)
Loading and unloading purposes except during hours when business operations are suspended.
G.
Location. All parking spaces shall be provided on same premises except that, if the required number of parking spaces cannot be reasonably provided on the premises, the Zoning Hearing Board may permit such spaces to be provided on another property in accordance with the standards for special exception applications in § 380-139B of this chapter. To approve the use, the Board must find that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter including but not limited to those general criteria contained within § 380-139B(2) of this chapter and specifically as follows:
(1)
The proposed off-site location for the off-street parking spaces is located within the same zone as the principal use;
(2)
The proposed off-site location for the off-street parking spaces is located within 150 feet of the premises containing the principal use;
(3)
Adequate pedestrian access from the off-site parking spaces to the principal use is provided to the satisfaction of the Zoning Hearing Board;
(4)
The applicant provides written evidence of a binding agreement in a form acceptable to the Borough Solicitor that ensures ongoing use and access to the off-site parking spaces; and
(5)
Such off-lot spaces shall not thereafter be reduced or encroached upon in any manner. The same off-lot spaces may not be claimed by more than one user for use at the same time.
H.
Bus stop. Where provided, bus stops shall be located and designed to permit the safe discharge and collection of occupants of the bus at the use within the lot. Bus stops shall be linked with a safe means of pedestrian access to the principal use of the property.
I.
Schedule of required parking spaces.
(1)
Except as provided for in Subsection I(2) and (4), the minimum number of automobile and oversized off-street parking spaces to be provided for each land use type shall be as indicated on following chart. Any use involving a combination of several uses shall provide the sum of the number of spaces required for each individual use. When a calculation results in a fraction, any fraction below 1/2 may be disregarded, and any fraction of 1/2 or more shall require an additional full space.
Commercial Uses | |||
|---|---|---|---|
Type of Use | Minimum of One Passenger Parking Space for Each | Minimum of One Oversize Parking Space for Each | |
Automobile, truck, trailer, bus, and recreational vehicle repair and washing facilities | 4 spaces per service and/or washing bay | 10,000 square feet of gross floor and ground area devoted to repair and service facilities | |
Automobile, boat, and trailer sales | 500 square feet of gross indoor and outdoor display areas | 10,000 square feet of gross indoor and outdoor display areas | |
Banks, credit unions and other similar financial uses | 200 square feet of gross floor area | 10,000 square feet of gross indoor and outdoor display areas | |
Carpeting, drapery, floor covering, and wall covering sales | 500 square feet of gross floor area | 10,000 square feet of gross indoor and outdoor display areas | |
Convenience stores | 75 square feet of gross floor area | 2,000 square feet of gross floor area | |
Drive-through and/or fast-food restaurants | 2 seats and 1 per each 2 employees | 30 seats | |
Dry cleaners, laundries and laundromats | See § 380-72 | 5,000 square feet of gross floor area | |
Food markets and grocery stores | 150 square feet of gross floor area | 5,000 square feet of gross floor area | |
Fuel-dispensing use as a principal or accessory use | 2 parallel spaces arranged in a stacked configuration for each fuel dispensing location | Fuel-dispensing use | |
Funeral homes | 50 square feet of gross floor area | Funeral home | |
Furniture sales | 500 square feet gross floor area | 10,000 square feet of gross floor area | |
Hotels, motels | Guest sleeping room and 1 per each employee on 2 largest shifts (Restaurants and other accessory uses shall add to this requirement.) | 20 guest sleeping rooms | |
Kennels and horse boarding stables | 10 animals of occupancy plus and 1 per each employee on 2 largest shifts | 20 animals of occupancy | |
Mini-warehouses | 25 units plus 1 per 250 square feet of office space, plus 2 per any resident manager | 25 units | |
Nightclubs | 2 seats of legal occupancy plus 1 per each employee on site at 1 time | 30 seats of legal occupancy | |
Office buildings | 200 square feet of gross floor area | 10,000 square feet of gross floor area | |
Clinics and professional offices of veterinarians, physicians, dentists, opticians, counselors, etc. | 8 spaces per practitioner plus 1 per employee | 10,000 square feet of gross floor area | |
Personal services (e.g., barbers, beauticians, masseuse, tanning salon, tattoo parlor, photographer, etc.) | 2 spaces per service station plus 1 per employee | 10,000 square feet of gross floor area | |
Retail stores or shops (except those listed above) and personal service uses | 200 square feet of gross floor area, plus 1 per each employee on 2 largest shifts | 5,000 square feet of gross floor area | |
Restaurants, taverns, brewery pubs | 3 seats, plus 1 per each employee on largest shift | 50 seats | |
Shopping centers or malls | See § 380-117 of this chapter | 5,000 square feet of gross floor area | |
Other commercial buildings | 400 square feet of gross floor area | 5,000 square feet of gross floor area | |
Auditorium, banquet, conference, and meeting facilities; theater, and other such places of public assembly | 3 seats; for uses without permanent seats, 50 square feet of are used for assembly purposes | 100 persons of legal occupancy | |
Industrial Uses | |||
|---|---|---|---|
Type of Use | Minimum of One Passenger Parking Space for Each | Minimum of One Oversize Parking Spaces for Each | |
Industrial and heavy manufacturing establishments | 2 employees on the 2 largest shifts or at least 1 space per each 1,000 square feet of gross floor area, whichever is the greatest number | 10,000 square feet of gross floor area | |
Warehousing | Employee on the 2 largest shifts | 10,000 square feet of gross floor area | |
Other industrial uses | 2 employees on the 2 largest shifts or at least 1 space per each 1,000 square feet of gross floor area, whichever is the greatest number | 10,000 square feet of gross floor area | |
Recreation Uses | |||
|---|---|---|---|
Type of Use | Minimum of One Passenger Parking Space for Each | Minimum of One Oversize Parking Spaces for Each | |
Amusement arcades | 80 square feet of gross floor area | 30 persons of legal occupancy | |
Baseball, soccer, field hockey, lacrosse, rugby, football and other athletic fields, without spectator seating | 12 spaces per field | 1 space per field | |
Baseball, soccer, field hockey, lacrosse, rugby, football and other athletic fields with spectator seating | 12 spaces per field plus 1 per each 4 seats of spectator seating | 2 spaces per field | |
Basketball and volleyball courts without spectator seating | 8 spaces per court | 1 space per court | |
Basketball and volleyball courts with spectator seating | 8 spaces per court plus 1 per each 4 seats of spectator seating | 2 spaces per court | |
Bowling alleys, billiards rooms | 4 spaces per lane/table and 1 per each 2 employees | 100 persons of legal occupancy | |
Campgrounds | Non-RV campsite, plus 1 per employee, plus 50% of the spaces normally required for accessory uses | RV campsite, plus 1 per 20 non-RV campsites | |
Golf courses | 2 spaces per hole, plus 1 per employee, plus 50% of the spaces normally required for accessory uses | 9 holes | |
Golf driving ranges | 1 per tee and 1 per employee | 40 tees | |
Gymnasiums without spectator seating | 8 spaces per court | 1 space per court | |
Gymnasiums with spectator seating | 8 spaces per court, plus 1 per 4 seats of spectator seating | 2 spaces per court | |
Miniature golf courses | 2 spaces per hole and 1 per employee | 18 holes | |
Riding schools or horse stables | 2 stalls plus 1 per every 4 seats of spectator seating | 4 stalls | |
Picnic areas | Per table | 20 tables | |
Skating rinks | 4 persons of legal occupancy | 100 persons of legal occupancy | |
Swimming pools (other than one accessory to a residential development) | 4 persons of legal occupancy | 100 persons of legal occupancy | |
Tennis or racquetball clubs | 4 spaces per court, plus 1 per employee plus 50% of the spaces normally required for accessory uses | 10 courts | |
Residential Uses | |||
|---|---|---|---|
Type of Use | Minimum of One Passenger Parking Space for Each | Minimum of One Oversize Parking Spaces for Each | |
Single-family detached dwellings and two-family conversions | 2 spaces per dwelling unit | See § 380-38J | |
Boarding houses, group homes, bed-and-breakfasts, dormitories, rectories and etc. | Bedroom | See § 380-38J | |
Duplex, quadraplexes, townhouse and multiple-family, dwellings | 3 spaces per dwelling unit; such parking spaces can take the form of private driveways, or garages and/or common parking lots, provided all spaces required are within 150 feet of the unit served | See § 380-38J | |
Social and Institutional Uses | |||
|---|---|---|---|
Type of Use | Minimum of One Passenger Parking Space for Each | Minimum of One Oversize Parking Spaces for Each | |
Auditorium, banquet, conference, and meeting facilities; church, theater, and other such places of public assembly | 3 seats; for uses without permanent seats, 50 square feet of are used for assembly purposes | 100 persons of legal occupancy | |
Clubs, lodges and other similar places | 2 seats but not less than 100 square feet of gross floor area and 1 per each employee on 2 largest shifts | 30 persons of legal occupancy | |
Nursing, rest or retirement homes and orphanages | 4 accommodations (beds) in addition to those needed for doctors and support staff | 100 persons of residency | |
Hospitals, sanitariums | Spaces shall be provided for visitors, at the rate of at least 1 space per each 1.5 accommodations (beds); such spaces shall be in addition to those necessary for doctors and other personnel | 100 accommodations (beds) | |
Museums, art galleries, cultural centers, libraries | 400 square feet of gross floor area | 100 persons of legal occupancy | |
Rehabilitation centers (without overnight accommodations) | 1 per each employee and per each 3 people anticipated to be handled through the facility | 30 persons of legal occupancy | |
Schools below grade 10, including principal day-care and kindergarten | 6 students enrolled | 60 students enrolled | |
Schools, 10th grade and above, including colleges with on-site housing for a majority of students enrolled | 3 students enrolled | 40 students | |
Colleges that do not offer on-site housing for a majority of students enrolled | 1.5 students enrolled | 60 students enrolled | |
Vocational training and adult education facilities | 1.5 students enrolled | 60 students enrolled | |
(2)
All other uses not specifically mentioned above shall provide off-street parking spaces to accommodate one space for the maximum number of persons regularly employed, having business, and/or resident upon the premises at any given time.
(3)
For commercial and industrial uses, no off-street parking area shall accommodate more than 120% of the minimum requirement, regardless of whether such additional spaces are provided with pervious surfacing, except as provided for below by Subsection I(4) of this chapter.
(4)
Alternative off-street parking standards to those provided in this section may be permitted by the Zoning Hearing Board as a special exception in accordance with § 380-139B of this chapter. The applicant shall establish by credible evidence that adequate parking is provided for all uses within the development. Such evidence shall include, but not necessarily be limited to, the following:
(a)
Estimates of required parking needs based upon actual traffic or parking surveys for existing similar land uses located in comparable settings.
(b)
Analysis of shared parking facilities with other uses that routinely experience peak parking demands at different times of the day, week, or season, and where the parking spaces required by one use can also accommodate another nearby use.
(c)
Analysis of the possible use of permeable surfaces for overflow parking where such overflow parking area would be used sparingly and where the applicant can show that the permeable surfaces will be constructed of stable materials and will be environmentally beneficial to the community.
(d)
Analysis of the likelihood of the use of bus service (both public transit and charter service) by a significant volume of patrons.
(e)
Any other specific characteristics of the proposed use that, in the opinion of the Zoning Hearing Board, justifies a different required parking ratio.
J.
Recreational vehicles, boats, campers, and personal cargo trailers. Within the (LDR or MFR) Zone upon any property used principally for residential purposes, the parking and/or storage of recreational vehicles, travel trailers, trucks, boats, and personal cargo trailers used solely for the transport of the residents' personal property is permitted as an accessory use to a principal dwelling unit only according to the following requirements:
(1)
For purposes of this section, recreational vehicles, travel trailers, boats (including trailers), and personal cargo trailers used solely for the transport of the residents' personal property are divided into two separate categories, as follows:
(a)
Class I vehicles. Those recreational vehicles, travel trailers, boats (including trailers), and other personal cargo trailers used solely for the transport of the residents' personal property that possess no more than 200 square feet, as measured to the vehicle's outermost edges, nor exceed a height of 10 feet, as measured from the ground to the highest point of the main body of the vehicle. Vehicle height shall not be measured on vehicle accessories (e.g., air conditioners, vents, hatches, masts, antennas, outrigging fishing poles, etc.), but will be measured to the highest point of any flybridge or other boat console.
(b)
Class II vehicles. Those recreational vehicles, travel trailers, boats (including trailers), and other personal cargo trailers used solely for the transport of the residents' personal property that possess more than 200 square feet, as measured to the vehicle's outermost edges, and/or exceed a height of 10 feet, as measured from the ground to the highest point of the main body of the vehicle. Vehicle height shall not be measured on vehicle accessories (e.g., air conditioners, vents, hatches, antennas, masts, outrigging fishing poles, etc.), but will be measured to the highest point of any flybridge or other boat console.
(2)
The temporary parking of one Class I or Class II vehicle for periods not exceeding 72 hours during any seven-day period is permitted on a paved or gravel surface in any yard, so long as the vehicle is set back no less than 10 feet from any street right-of-way or alley, and five feet from adjoining lot lines.
(3)
The storage of one Class I vehicle shall be permitted per lot in the side or rear yard, so long as the unit is set back no less than 10 feet from any street right-of-way or alley, and five feet from adjoining lot lines. All areas used for the storage of Class I vehicles shall be maintained so as to keep vegetation properly trimmed and debris or litter disposed of regularly. All vehicles shall maintain required licensure and prevent the leakage of fuels and/or lubricants into the ground.
(4)
The storage of one Class II vehicle is permitted, provided that:
(a)
The vehicle shall not contain more than 320 square feet, as measured to the vehicle's outermost edges, nor exceed a height of 13 feet, as measured from the ground to the highest point of the vehicle's main body. Vehicle height shall not be measured on vehicle accessories (e.g., air conditioners, vents, hatches, antennas, masts, outrigging fishing poles, etc.), but will be measured to the highest point of any flybridge or other boat console.
(b)
All vehicles shall be set back a horizontal distance equal to twice the vehicle's height from every side and rear lot line.
(c)
No vehicle shall be stored in front of the building setback line. On vacant lots, the vehicle must be stored behind the required front yard setback line, as specified for principal uses.
(d)
Screening, as described in § 380-44D of this chapter, shall be provided along any side and rear lot lines. Such screening shall not extend into the required front yard. Screening shall not be required along a common side lot line when the owner resides on one lot, and stores the vehicle on an adjacent vacant lot that he/she owns. One ten-foot-wide break in required screening may be provided along one rear or side lot line for vehicular access onto an adjoining alley.
(e)
All areas used for the storage of Class II vehicles shall be maintained so as to keep vegetation properly trimmed and debris or litter disposed of regularly. All vehicles shall maintain required licensure and prevent the leakage of fuels and/or lubricants into the ground.
K.
Prohibition of parking of unlicensed/uninspected vehicles. Motor vehicles or trailers of any kind or type without current license plates and current inspection stickers shall not be parked or stored upon any property other than in a completely enclosed garage or other accessory building. This requirement shall not apply to implements and other vehicles not normally used as conveyances on the public streets.
§ 380-39 Operations and performance standards.
A.
Required compliance with applicable regulations.
(1)
All uses within the Borough shall operate in compliance with all applicable state and federal regulations. Performance standards identified herein are applicable to all land uses, existing and/or proposed, in all zones of Palmyra Borough.
(2)
No use, or premises in any zone shall be developed, operated, altered, or occupied in a manner as to create any dangerous, injurious, noxious, or otherwise harmful, relative to fire, explosive, radiation, or other hazard; noise or vibration; smoke, dust, odor, or other form of air pollution; electrical or other disturbance; liquid or solid refuse or wastes; conditions conducive to the breeding of vermin; or other substance, condition, or element; in any manner or amount as to adversely affect the surrounding areas as described herein.
(3)
Notwithstanding the laws and regulations of the United States Environmental Protection Agency, the Pennsylvania Department of Environmental Protection, and any other state and/or federal regulations, the standards contained herein shall be utilized by Palmyra Borough as regulatory controls on land use.
(4)
These standards shall be utilized in the evaluation of all zoning applications, zoning enforcement activities, subdivision plan proposals, and land development plan proposals, where applicable.
(5)
These standards shall also be utilized as regulatory measures in the evaluation of existing land uses and activities conducted thereon. Compliance with these standards shall be demonstrated on a continuous basis and shall be enforced by the Zoning Officer.
(6)
The following lists Borough regulations and other known governmental regulations associated with various land uses and their impacts. This list in no way excludes or limits federal or state jurisdiction over uses within the Borough, but is merely provided for information to applicants and landowners.
B.
Air pollution, airborne emissions, and odor.
(1)
The Pennsylvania Air Pollution Control Act, enacted January 8, 1960,[1] in conjunction with "Chapter 131, Ambient Air Quality Criteria" and "Chapter 123, Standards for Contaminants" of "Article III, Title 25, Rules and Regulations" of 1971, of the Pennsylvania Department of Environmental Protection shall be considered as minimum standards for the control of smoke, dust, fumes, and emissions and shall control the emission of smoke, dust, dirt, fly ash, fumes, vapors, gases and odors.
[1]
Editor's Note: See 35 P.S. § 4001 et seq.
(2)
No use shall discharge contaminants to the air in excess of the limits prescribed herein or as may be amended and/or created by state and/or federal laws, rules, and regulations, unless such measures shall be utilized as prescribed by applicable the regulatory agency.
(3)
There shall be no emission into the atmosphere of visible gray smoke of a shade darker than No. 1 on the Ringelmann Smoke Chart as published by the United States Bureau of Mines or successor agency. Visible gray smoke as dark as No.2 on said chart may be emitted if permitted by state and/or federal regulatory controls for a period or periods totaling no more than four minutes within any given eight-hour period. These provisions shall apply to smoke of other colors having an equivalent apparent opacity.
(4)
No use shall discharge particulate matter into the atmosphere from incinerators in excess of 9.1 grains per cubic foot of gas at standard conditions corrected to 12% carbon dioxide, except as may be designated under specific contaminants and as regulated by state and/or federal regulatory controls.
(5)
Open burning is not permitted unless such burning is consistent with the provisions and restrictions of all codes, regulations, and ordinances adopted by Palmyra Borough.
(6)
No use shall emit odorous gases or other odorous matter in such quantities as to be offensive at any point on or beyond the lot line of the use generating such odor. The guide for determining such quantities of offensive odors shall be the 50% response level of Table L, "Odor Thresholds in Air," contained in the publication "Research on Chemical Odors: Part I, Odor Thresholds for 53 Commercial Chemicals, " October 1968, Manufacturing Chemists Association, Inc., Washington, D.C.
C.
Electrical, diesel, gas or other power. "Rules and Regulations" of the Pennsylvania Departments of Health and Environmental Protection, as well as any and all regulations that may succeed or replace these regulations. Every use requiring electrical, diesel, gas or other power source shall be so operated that any service lines, substation, shall conform to the highest applicable safety requirements, be constructed, installed, etc., so that they will be an integral part of the architectural features of the plant, and concealed from abutting residential properties or adjoining (LDR, TR, MFR, MHP or MU) Zones.
D.
Fire and explosives.
(1)
It is the responsibility of each property owner and/or tenant to ensure that his/her use does not jeopardize the public health, safety, and welfare of the Borough because of potential explosive, fire, and/or hazardous condition.
(2)
All activities and all storage of flammable and explosive materials shall be provided with safety devices against hazards of fire and explosion along with adequate firefighting and fire-suppression equipment and devices as detailed and specified by state and federal regulations.
(3)
All explosive material shall conform to the requirements of Chapter 211, Title 25, Pennsylvania Department of Environmental Protection, Rules and Regulations for Storage, Handling, and Use of Explosives.
E.
Glare and heat. "Rules and Regulations" of the Pennsylvania Department of Environmental Protection, as well as any and all regulations that may succeed or replace these regulations. In addition, all uses shall comply with those lighting standards listed in § 380-33 of this chapter. No use shall produce heat above the ambient temperature that is perceptible beyond subject property.
F.
Materials and waste storage, handling and disposal.
(1)
All principal commercial, industrial, institutional, and health-care-related uses shall be required to provide detailed information regarding materials and waste handling, including:
(a)
Listing of all materials to be used and/or produced on the site;
(b)
Listing of all wastes generated on the site; and
(c)
Written evidence that the storage, treatment, processing, transfer, and disposal of all materials and wastes shall be accomplished in a manner that complies with all applicable federal, state, county, and municipal requirements, including, but not limited to, the following:
(d)
No flammable or explosive liquids, solids, or gases shall be stored aboveground, except within receptacles which meet all local, state, and/or federal regulations unless restricted or prohibited by other regulatory controls contained within this chapter.
(e)
All storage facilities for fuel stored outdoors shall be enclosed by a security fence and screened from adjoining roads and properties.
(f)
All storage facilities for fuel stored outdoors shall be located in accord with any state and/or federal regulatory requirements for separation distances.
(g)
Highly flammable or toxic or hazardous or explosive liquids, solids, or gases shall be stored aboveground in leakproof double-walled containment vessels which accommodate testing for leaks and all such containment vessels and facilities shall be suitably screened by natural plantings so that they are not visible from lot lines.
(h)
No substance which has the potential to contaminate groundwater or surface waters shall be permitted to be stored outdoors unless the property owner and/or proprietor provides safeguards from potential contamination satisfactory to the Borough based upon state and federal requirements.
(i)
No materials or wastes shall be stored or deposited upon a lot in such form or manner that they:
(j)
All materials or wastes which might cause fumes or dust or which constitute a fire hazard or which may be edible or otherwise attractive to vermin shall be stored only if enclosed in containers which are adequate to eliminate such hazards.
(k)
Dumpsters are permitted within the side or rear yard, provided such dumpsters are screened from any adjoining roads or properties. Unless specified elsewhere within this chapter dumpsters shall comply with all side and rear yard setbacks imposed upon the principal use. All waste receptacles shall be completely enclosed within a masonry or framed enclosure with a self-closing door or gate.
(2)
All uses must properly dispose of wastes in accordance with all applicable laws and regulations. The outdoor accumulation of trash, garbage, refuse, or junk for a period exceeding 15 days is prohibited.
(3)
Outdoor stockpiling. In all zones, no outdoor stockpiling of any material or outdoor storage of trash is permitted in the front yard. In the (LDR, TR, MFR, MHP or MU) Zones, the outdoor stockpiling of materials (except firewood) for more than one year is prohibited. Upon residential properties, the outdoor stockpiling of materials (including firewood) shall provide for a minimum five-foot setback from each side and rear lot line.
(4)
Upon any property used for a principal residence, the use of dumpsters and or other portable storage containers and pods is limited to temporary periods during events such as construction, remodeling, moving and similar activities. The use of dumpsters and or other portable storage containers and pods for permanent storage and/or waste containment is expressly prohibited. The use of dumpsters and or other portable storage containers and pods shall not exceed 90 days during any calendar year. Such containers must be located so as not to block any required clear sight triangles and be at least 10 feet from all lot lines. The Zoning Officer may issue thirty-day extensions, if the applicant can demonstrate that the nature of the proposed activity:
H.
Noise pollution. "Rules and Regulations" of the Pennsylvania Department of Environmental Protection, as well as any and all regulations that may succeed or replace these regulations. In addition, all uses shall comply with those noise standards listed in § 380-36 of this chapter.
I.
Radiation, radioactivity electrical interference. "Rules and Regulations" of the Pennsylvania Departments of Health and Environmental Protection, as well as any and all regulations that may succeed or replace these regulations.
J.
Sewage and other waste disposal. "Rules and Regulations" of the Pennsylvania Departments of Health and Environmental Protection, as well as any and all regulations that may succeed or replace these regulations. In addition, all uses shall comply with those applicable standards listed in § 380-39F of this chapter.
K.
Vibration. "Rules and Regulations" of the Pennsylvania Department of Environmental Protection, as well as any and all regulations that may succeed or replace these regulations. In addition, no use shall create vibration that is perceptible beyond the subject property or produces a peak measurement of 0.002g from either seismic or electronic vibration detection devices.
L.
Water quality.
(1)
The Clean Streams Law, June 3, 1937 P.L. 1987, 35 P.S. § 691.1 et seq., as well as any and all regulations that may succeed or replace these regulations.
(2)
Pa. Code, Title 25, Chapters 93 and 102;
(3)
The PA DEP water quality anti-degradation guidelines; and
(4)
The PA DEP best management practices for stormwater management.
§ 380-40 Outdoor storage and display requirements.
A.
Shopping cart storage. For grocery stores and other stores containing grocery departments, variety stores, home improvement and building supply stores, and other uses that provide shopping carts for use by customers, the outdoor storage and collection of shopping carts is permitted, subject to the following.
(1)
Shopping carts may be collected and stored immediately in front of the storefront (upon sidewalks, or under a canopy) and/or within the parking lot.
(2)
In no case shall such designed shopping cart storage and collection areas be located upon any facilities used for vehicle circulation, required parking and loading areas, or emergency vehicle access provisions (e.g., fire lanes).
(3)
Shopping cart storage and collection areas shall be situated to provide clear pedestrian access (sidewalk or other area) at least eight feet wide adjoining the storefront.
(4)
Signage for shopping cart storage and collection areas shall be governed by those regulations pertaining to on-site directional and informational signs as regulated by § 380-46H of this chapter.
B.
Seasonal sidewalk displays. For commercial uses, seasonal sidewalks displays related to retail sales is permitted subject to the following:
(1)
Only seasonal merchandise may be displayed, and shall be limited to the periods from April 1 to October 1 and November 25 to January 5.
(2)
The location of such outdoor displays shall be limited to sidewalks, under canopies, and other areas immediately in front of the building/storefront. The stacking or display of such items shall be arranged to provide clear pedestrian access (sidewalk or other area) at least eight feet wide.
(3)
In no case shall the location of such sidewalk display areas occur within any area used for vehicular circulation, required parking and loading areas, or emergency vehicle access provisions (e.g., fire lanes).
(4)
In no case shall such sidewalk display area exceed 50% of the linear area of the storefront. For example, a storefront 200 feet long could have a sidewalk display directly in front of the store with a maximum length of 100 feet.
(5)
Signage for seasonal sidewalk sales shall comply with the applicable requirements contained within § 380-46N of this chapter.
(6)
The applicant shall submit a working plan to the Borough for the cleanup of litter and debris which may result from such outdoor display. Also, the applicant shall depict intended sidewalk display areas upon any permit applications and/or plans required by the Borough. No additional permits shall be required, unless such area is to change location or size.
C.
Special event sales. For commercial uses, special events are permitted subject to the following:
(1)
In addition to the other provisions of this section, two special event sales shall be permitted per calendar year. Such special event sales shall be limited to no more than a total of 30 days per calendar year.
(2)
Areas used for special event sales displays shall be sited to comply with the setback requirements for a principal structure or principal use, whichever is greater.
(3)
Special event sales may be located within the parking lot, provided that such location does not contribute to congestion within the parking lot and upon the access drives that provide direct access to public roads. Within parking lots, such display areas shall be clearly delineated from the adjoining parking lot by the use of identifiable barriers (such as tents, canopies, temporary fences, or ropes). Additionally, location within the parking lot shall only be permitted insofar that the remaining parking spaces available for use are greater than or equal to the number of such spaces required for the principal use by this chapter.
(4)
The area devoted to special event sales displays shall not exceed 20% of the gross leasable floor area of the use(s) conducting the special event sale.
(5)
In shopping centers, special event sales shall be jointly held by all of those occupants of the shopping center that wish to participate. No individual occupants of a shopping center shall be permitted to conduct separate special event sales.
(6)
All uses conducting a special event sale shall be responsible for the ongoing cleanup of litter and debris. Also, no exterior public address or lighting systems shall be used that produce glare or noise impacts discernible at, or beyond, the lot line.
(7)
Signage for special event sales shall comply with the applicable requirements contained within § 380-46N of this chapter.
§ 380-41 Projections into yards.
The following projections shall be permitted into required yards and shall not be considered in the determination of yard size, lot coverage, or building coverage:
A.
Projecting architectural features (such as bay windows, cornices, eaves, fireplaces, chimneys, window sills, and similar features), provided that any single such feature does not exceed five square feet in external area, when viewed in plain view.
B.
Uncovered stairs and landings, provided that such stairs or landings do not exceed three feet six inches in height.
C.
Open balconies and fire escapes, provided that such balcony or fire escape is not supported on the ground and does not project more than five feet into any yard nor come within three feet of any lot line.
D.
Sidewalks, stormwater inlets and/or stormwater outlets.
§ 380-42 Required traffic study standards.
A.
Where a traffic study is required elsewhere in this chapter, it shall be provided in accordance with § 318-15E(4) of Chapter 318, Subdivision and Land Development;
B.
Deviations from the requirements of § 318-15E(4) of Chapter 318, Subdivision and Land Development, that are proposed during the subdivision/land development process shall be permitted as a waiver according to § 318-12 of Chapter 318, Subdivision and Land Development; and
C.
Deviations from the requirements of § 318-15E(4) of Chapter 318, Subdivision and Land Development, that are proposed during the zoning permit process that do not involve subdivision/land development review shall be permitted as a variance according to § 380-139C of this chapter.
§ 380-44 Screening and landscaping requirements.
A.
Required landscape plan. The regulations contained within this § 380-44 shall apply to all uses within the Borough; however, for uses with off-street parking lots that require the approval of a land development plan, the applicant shall submit a landscape plan prepared by a landscape architect or professional engineer registered within the Commonwealth of Pennsylvania that demonstrates compliance with all applicable provisions of this chapter and Chapter 318, Subdivision and Land Development. Such plans shall include, but not be limited to, details depicting:
(1)
Landscape buffers and screens used to protect adjoining properties, residential zones and streets;
(2)
Screening used to prevent the spillage of headlights onto adjoining properties;
(3)
Typical interior landscape island treatments including rain gardens, if applicable;
(4)
Typical landscape strip treatments including rain gardens, if applicable;
(5)
Typical screening treatments; and
(6)
Landscape treatments at access drives' intersections with streets.
B.
Yard ground cover. Any part of the site 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 the Borough Council (e.g., grass, pachysandra, etc.). In addition, gravel can be substituted if done in a manner to complement other vegetative materials. It shall be maintained to provide an attractive appearance, and all nonsurviving plants shall be replaced promptly.
C.
Landscaping requirements.
(1)
Any required landscaping (landscape strips and interior landscaping) shall include a combination of the following elements: deciduous trees, ground covers, evergreens, shrubs, vines, flowers, rocks, gravel, earth mounds, berms, walls, fences, screens, sculptures, fountains, sidewalk furniture, or other approved materials. Artificial plants, trees, and shrubs may not be used to satisfy any requirement for landscaping or screening. No less than 80% of the required landscape area shall be vegetative in composition, and no outdoor storage shall be permitted within required landscape areas and/or strips;
(2)
For each 750 square feet of required area for landscape strips, one shade/ornamental tree shall be provided. Deciduous trees shall have a clear trunk at least five feet above finished grade. Evergreen trees shall have a minimum height of six feet. All required landscape strips shall have landscaping materials distributed along the entire length of the lot line abutting the yard; and
(3)
Those landscape strips and/or screens that are located at the periphery of a property shall include a continuous planting of low-level vegetation to act as a trash and litter trap/barrier for the subject property. Such vegetation shall be located and maintained so as not to interfere with any clear sight-triangle as regulated in §§ 380-24C, 380-26 and 380-28C of this chapter.
D.
Screening.
(1)
Screening shall be located as specified. When no location is specified, screening shall occur along the subject property's lot line, except that screening can be located elsewhere on the subject property if the applicant can prove that the alternate location affords a more effective screen for the proposed use by reason of natural site conditions, on and adjoining, the site, or because of the site design. Alternate screening location shall be approved by the Borough Council as part of the land development process; when no land development is required, the Zoning Officer may approve alternate screening location with assistance from the Borough Engineer.
(2)
Screening shall be arranged so as to block the ground-level views between grade, and a minimum height of six feet. Landscape screens must achieve this visual blockage within five years of installation and shall be comprised of plants approved for screening purposes as listed in § 380-44E(3) of this chapter. As screens can take many forms and incorporate different materials and treatments (e.g., vegetation, berms, fences, walls and combinations), the following present several typical landscape screening arrangements:
(a)
Screening may consist of a minimum of two rows of evergreen trees that are at least three years in age and a minimum of six feet in height at the time of planting. Each row of evergreen trees shall be located at least 15 feet apart with plants arranged 15 feet on center, staggered alternately as depicted below:
 |
(b)
Screening may consist of a minimum of two rows of vegetation (e.g., deciduous trees with evergreen shrubs). Deciduous trees shall be at least three years in age with a minimum two-inch diameter clear trunk at least five feet above finished grade that are planted a maximum of 40 feet apart on center. Evergreen shrubs shall be located beneath and between the deciduous trees planted at an initial height of not less than four feet with a minimum mature height of six feet. Evergreen shrubs shall be planted no more than five feet apart on center.
 |
(c)
Screening may consist of a combination of a minimum of two rows of evergreen trees alternating with a minimum of two rows of deciduous trees and evergreen shrubs. Evergreen trees shall be at least three years in age and a minimum of six feet in height at the time of planting. Each row of evergreen trees shall be located at least 15 feet apart with plants arranged 15 feet on center, staggered alternatively. Deciduous trees shall be at least three years in age with a minimum two-inch diameter clear trunk at least five feet above finished grade that are planted a maximum of 40 feet apart on center. Evergreen shrubs shall be located beneath and between the deciduous trees planted at an initial height of not less than four feet with a minimum mature height of six feet. Evergreen shrubs shall be planted no more than five feet apart on center.
 |
(d)
As an alternate to the preceding arrangements, an applicant can request an alternate landscape screen arrangement if he/she can prove through expert evidence that the proposed alternate arrangement:
[1]
Will result in an equally effective blockage of ground-level views between the subject and adjoining properties;
[2]
Will employ an attractive combination of vegetation (e.g., deciduous and evergreen trees, hedges, or shrubs) that presents a more natural appearance; and
[3]
Has a better chance for long-term survival and maintenance given the characteristics of the location upon the subject property.
[4]
Alternate screening arrangements shall be approved by the Borough Council as part of the land development process; when no land development is required, the Zoning Officer may approve alternate screening arrangements with assistance from the Borough Engineer.
(e)
Walls, fences, earth berms, or other approved similar materials may also be used to supplement the required vegetation of a landscape screen. No wall or fence shall be constructed of corrugated metal, corrugated fiberglass, or sheet metal. Screens located within the front yard that incorporate a sight-tight fence or wall shall include on the street side of the screen the use's required front yard landscape strip along with its required shade trees as specified in the above § 380-44C(2) of this chapter.
E.
Selection of plant materials.
(1)
No vegetation shall include any noxious or invasive species as defined herein. Trees and shrubs shall be native and typical of their species and variety; have normal growth habits, well-developed branches, densely foliated, vigorous, fibrous root systems. They shall have been grown under climatic conditions similar to those in the locality of the project or properly acclimated to conditions of the locality of the project. Applicants shall select a mix of native diverse plant materials to protect against a catastrophic loss due to a disease or insect damage. "Salt-tolerant" species shall be selected for locations near streets.
(2)
Any tree or shrub which dies within 18 months of planting shall be replaced. All landscaping and screening treatments shall be properly maintained. Landscape materials that die or are damaged shall be replaced within 30 days, season permitting.
(3)
The following lists the types of vegetation approved for specific required uses by this chapter within the Borough:
Approved Shade Trees | |||
|---|---|---|---|
Botanical Name | Common Name (N=Native) | Mature Height (feet) | |
Acer rubrum | Red maple (N) | 75 | |
Acer saccharum | Sugar maple (N) | 100 | |
Betula nigra | River birch (N) | 70 | |
Carpinus betulus | European hornbeam | 60 | |
Celtis occidentalis | Common hackberry (N) | 120 | |
Cercidiphyllum japonicum | Katsura tree | 75 | |
Gingko biloba (males only) | Gingko, Maidenhair tree | 120 | |
Gleditsia tricanthos | Common honeylocust | 120 | |
Gymnocladus dioicus | Kentucky coffee-tree (N) | 90 | |
Liquidambar styraciflua | Sweet gum (N) | 75 | |
Liriodendron tulipifera | Tulip tree (N) | 150 | |
Nyssa sylvatica | Black gum (N) | 50 | |
Plantanus xacerifolia | London planetree | 50 | |
Quercus palustris | Pin oak | 70 | |
Quercus rubra | Red oak (N) | 75 | |
Quercus prinus | Chestnut oak (N) | 70 | |
Tilia tomentosa | Silver linden | 70 | |
Tilia cordata | Littleleaf linden | 90 | |
Ulmus americana | American elm (N) | 120 | |
Zelkova serrata | Japanese zelkova | 80 | |
Approved Small Deciduous Trees | |||
|---|---|---|---|
Botanical Name | Common Name (N=Native) | Mature Height (feet) | |
Acer buergeranum (tree form) | Trident maple | 30 | |
Acer campestre | Hedge maple | 45 | |
Acer griseum | Paper bark maple | 40 | |
Amelanchier canadensis (tree form) | Serviceberry (N) | 30 | |
Betula populifolia | Gray birch (N) | 30 | |
Carpinus caroliniana | Ironwood, American hornbeam (N) | 35 | |
Cercis canadensis | Eastern redbud (N) | 36 | |
Chionanthus virginicus | Fringetree (N) | 30 | |
Cladrastis lutea | American yellow-wood (N) | 50 | |
Cornus florida | Flowering dogwood (N) | 40 | |
Cornus kousa | Kousa dogwood | 40 | |
Cornus mas | Cornelian cherry | 24 | |
Halesia carolina | Carolina silverbell (N) | 40 | |
Magnolia stellata | Star magnolia | 20 | |
Magnolia virginiana | Sweet bay magnolia (N) | 20 | |
Malus floribunda* | Japanese flowering crab* | 30* | |
Malus 'Red Barron' | Red Barron flowering crabapple | 20 | |
Ostrya virginiana | Hop-hornbeam (N) | 40 | |
Oxydendrum arboretum | Sourwood (N) | 30 | |
Parrotia persica | Persian parrotia | 40 | |
Prunus sargentii | Sargent cherry | 50 | |
Prunus serrulata | 'Kwanzan' Kwanzan cherry | 25 | |
Stewartia pseudocamellia | Japanese Stewartia | 40 | |
Syringa amurensis japonica | Japanese tree lilac | 30 | |
Ulmus parvifolia | Chinese elm | 40 | |
* | Applicant must submit expert written evidence that the proposed plants are of a disease-resistant variety. |
Approved Evergreen Trees for Screening | |||
|---|---|---|---|
Botanical Name | Common Name (N=Native) | Mature Height (feet) | |
Abies concolor | White fir (N) | 90 | |
Chamaecyparis nootkatensis 'pendula' | Weeping Nootka false-cypress | 35 | |
Chamaecyparis thyoides | Atlantic white cedar (N) | 50 | |
Ilex opaca | American holly (N) | 45 | |
Juniperus virginiana | Eastern red cedar (N) | 90 | |
Picea abies | Norway spruce | 120 | |
Picea omorika | Serbian spruce | 90 | |
Picea pungens | Colorado spruce (N) | 100 | |
Pinus flexilis | Limber pine (N) | 50 | |
Pinus strobus | Eastern white pine (N) | 100 | |
Pinus strobus 'Fastigiata' | Pyramidal white pine (N) | 40 | |
Pinus thunbergi | Japanese black pine | 90 | |
Pseudotsuga taxifolia | Douglas fir (N) | 100 | |
Thuja occidentalis 'pyramidalis' | Pyramidal arborvitae (N) | 15 | |
Thuja occidentalis | Emerald arborvitae (N) | 15 | |
Tsuga canadensis | Canadian hemlock (N) | 90 | |
Approved Deciduous Shrubs | |||
|---|---|---|---|
Botanical Name | Common Name (N=Native) | Mature Height (feet) | |
Aesculus parviflora | Bottlebrush buckeye (N) | 12 | |
Aronia arbutifolia | Red chokeberry (N) | 8 | |
Aronia melanocarpa | Black chokeberry (N) | 8 | |
Calycanthus floridus | Common sweetshrub | 9 | |
Cephalanthus occidentalis | Buttonbush (N) | 10 | |
Chaenomeles speciosa | Common flowering quince | 10 | |
Clethra alnifolia and cultivars | Summersweet clethra | 8 | |
Cornus alba and cultivars | Tatarian dogwood | 10 | |
Cornus amomum | Silky dogwood (N) | 10 | |
Cornus racemosa | Gray dogwood (N) | 15 | |
Cornus sericea | Red Osier dogwood (N) | 9 | |
Cotinus coggygria and cultivars | Smokebush | 15 | |
Fothergilla major | Large fothergilla (N) | 10 | |
Hamamelis virginiana | Common witchazel (N) | 20 | |
Hydrangea quercifolia | Oakleaf hydrangea (N) | 6 | |
Ilex verticillata | Common winterberry (N) | 10 | |
Itea virginica | Virgina sweetspire (N) | 6 | |
Lindera benzoin | Spicebush (N) | 10 | |
Myrica pennsylvanica | Northern bayberry (N) | 12 | |
Philadelphus virginalis | Sweet mockorange | 12 | |
Physocarpus opulifolius | Common ninebark (N) | 9 | |
Sambucus canadensis | American elder (N) | 12 | |
Spiraea x vanhouttei | Van Houtte spiraea | 10 | |
Symphoticarpos albus | Common snowberry (N) | 6 | |
Syringa vulgaris and hybrids | Common lilac | 15 | |
Vaccinum corymbosum | Highbush blueberry (N) | 12 | |
Viburnum acerifolium | Mapleleaf viburnum (N) | 6 | |
Viburnum carlesii | Korean spice viburnum | 5 | |
Viburnum dentatum | Arrow wood viburnum (N) | 12 | |
Viburnum lentago | Nannyberry viburnum (N) | 18 | |
Viburnum prunifolium | Blackhaw viburnum (N) | 15 | |
Approved Evergreen Shrubs for Screening | |||
|---|---|---|---|
Botanical Name | Common Name (N=Native) | Mature Height (feet) | |
Chamaecyparis pisifera 'Boulevard' | Boulevard false cypress | 12 | |
Ilex glabra | Inkberry (N) | 8 | |
Juniperus chinensis shrub cultivars | Chinese juniper | 3 to 15 | |
Kalmia latifolia | Mountain laurel (N) | 15 | |
Leucothoe jontanesiana | Drooping leucothoe (N) | 6 | |
Picea glauca 'conica' | Dwarf Alberta spruce | 10 | |
Pieris floribunda | Mountain pieris | 6 | |
Pinus mugo | Mugho pine | 6 | |
Rhododendron catawbiense and cultivars | Catawba rhododenron (N) | 10 | |
Rhododendron 'P.J.M' and cultivars | P.J.M. rhododendrons | 6 | |
Taxus x media and cultivars | Yew | 3 to 12 | |
Thuja occidentalis 'Techny' | Mission arborvitae | 8 | |
Approved Groundcovers | |||
|---|---|---|---|
Botanical Name | Common Name (N=Native) | Mature Height (inches) | |
Ajuga repans | Ajuga/carpet bugleweed | 4 to 6 | |
Hedera helix | English ivy | 6 to 8 | |
Juniperus horizontalis | Creeping juniper | 8 to 24 | |
Liriope muscari | Lilyturf | 12 to 24 | |
Liriope spicata | Lilyturf | 12 | |
Numerous genera, species, cultivars | Ornamental grasses | 12 to 60 | |
Ophipogon japonicus | Mondo grass | 4 to 6 | |
Pachysandra terminalis | Japanese spurge | 12 | |
Vinca minor | Periwinkle/vinca | 4 to 6 | |
§ 380-45 Signs.
A.
Purpose.
(1)
To improve the safety of pedestrians, vehicular traffic, and property.
(2)
To minimize adverse effects of signs on nearby property.
(3)
To provide for signs as a means of effective visual communication.
(4)
To promote adopted Comprehensive Planning and zoning objectives.
(5)
To assure compatibility of signs with land uses and buildings in the vicinity of the signs and in the community as a whole.
(6)
To enhance the economic value of the community.
(7)
To enhance the aesthetic environment.
(8)
To otherwise promote the public health, safety, morals, and general welfare of the community.
(9)
To regulate the use of signs through a sign permitting process.
(10)
To enable the fair and consistent enforcement of these sign regulations.
B.
Sign area and height. The following guidelines shall apply when interpreting area and height regulations in this section.
(1)
Area. The area of a sign shall be the area of the smallest rectangle, triangle, or circle that will encompass all elements of the sign, such as letters, figures, symbols, designs, or other display.
 |
(a)
When the sign is a separate unit, the area shall include: any borders, framing, trim, decorative attachments, background, and space between elements; it shall not include: any supporting structure unless that structure is illuminated, is in the form of a symbol, or contains advertising elements.
(b)
When the sign is applied to a wall or otherwise has no definable edges, the area shall include all color, artwork, or other means used to differentiate the sign from the surface upon which it is placed.
(c)
When a single sign structure has more than one face with the same message, and no two sign faces are more than three feet apart at any point, the area shall be computed by determining the greatest total area of all sign faces.
(2)
Height. The height of a sign shall be measured from the average ground level beneath the sign to the highest point of the sign. The ground level shall be the lower of the ground level existing at the time of construction or the ground level existing prior to construction and prior to any earth disturbance at the site. This prior ground level may be established by any reliable source, including, without limitation, existing topographic maps, aerial photographs, photographs of the site, or affidavits of people who are personally familiar with the site. No person(s) shall artificially increase the maximum height of a sign by altering the grade at the base of the sign by any means.
(a)
No sign shall be higher than the height limitation imposed by this chapter.
(b)
The height of freestanding signs shall be controlled by the standards in Tables 1, 2 and 3 listed in § 380-46 of this chapter.
(c)
Wall signs may be at any height on the wall to which they are attached, except that they may not extend higher than the top of the wall.
(d)
Roof signs may extend no more than five feet above the lowest point where they are attached to the building and may not extend above the highest point of the roof.
C. SIGN(1) (a) (b) (c) (d) (e) (f) (2) (a) (b) (c) (d) (e) (f) (g) (h)
Sign definition. The following definition shall be used for signs within this chapter:
A device for visual communication that is used to bring the subject to the attention of the public that is legible from an adjoining road or adjoining property standing at grade (for the purposes of this definition, the term "legible" shall mean understandable by someone of sufficient age and eyesight to obtain a Pennsylvania driver's license). This term includes:
Lettering, logos, trademarks, and other symbols that are an integral part of the architectural design of a building which are applied to a building or which are located elsewhere on the premises;
Signs that are affixed to windows or glass doors or are otherwise internally mounted such that they are legible from an adjoining road or adjoining property;
Flags and insignia of civic, charitable, religious, fraternal, patriotic, and similar organizations;
Insignia of governments and government agencies;
Banners, streamers, pennants, spinners, reflectors, tinsel, and similar objects; and
Inflatable objects.
The term "sign" shall not include:
Architectural features that may be identified with a particular business;
Backlit awnings that include no lettering, logos, or other symbols;
Signs within a building that are obviously intended to be seen primarily from within the building;
Outdoor signs intended for use within a property, such as menu signs for fast-food restaurant drive-through lanes, provided such signs are not legible from an adjoining road or adjoining property;
Signs with regulations within a park provided such signs are not legible from an adjoining road or adjoining property;
Building identification signs within a campus, provided such signs are not legible from an adjoining road or adjoining property;
Flags of governments or government agencies; and
Decorative seasonal and holiday banners on residential properties.
D.
Sign types.
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(1)
Billboard. An off-premises sign which directs attention to a product, service, business, or cause.
(2)
Canopy sign. A sign that is incorporated into an awning or canopy that is attached to the building.
(3)
Flat roof sign. A sign that has its longest axis along the same direction as the roof to which it is attached and does not project beyond the outside edges of the roof line in any direction.
(4)
Flat wall sign. A sign that is attached to the wall of a building and whose face runs parallel to the wall to which it is attached and does not extend beyond the outside of the edges of the wall in any direction.
(5)
Freestanding sign. A sign that has a separate support structure and is not physically attached to a building.
(6)
Planned center sign. A freestanding sign that is associated with a coordinated development of more than one land use all sharing common vehicle access and off-street parking.
(7)
Projecting roof sign. A sign whose support structure is attached to the roof of a building and whose face either runs generally perpendicular to the roof line or its underlying wall, or extends beyond the outside edges of the roof to which it is attached.
(8)
Projecting wall sign. A sign whose support structure is attached to the wall of a building and whose face either runs generally perpendicular to the wall, or extends beyond the outside edges of the wall to which it is attached.
(9)
Window sign. A sign that is either located on the inside or outside surface of a window but whose message faces outward.
E.
General regulations. The following regulations shall apply to all signs, in addition to the specific regulations contain in the following provisions of this section. Where these general regulations are contradicted by a specific regulation, the specific regulation shall control.
(1)
All signs shall be constructed of durable materials, maintained in good condition, and secured in a safe manner.
(2)
When a sign becomes unsafe, the Zoning Officer shall give written notice to the owner of the premises on which the sign is located that the sign must be made safe or removed immediately.
(3)
The areas surrounding all signs shall be maintained in a neat, clean, and attractive condition.
(4)
Each property that displays one or more permanent freestanding signs and that is in an area where street addresses have been assigned, must prominently display the address on one permanent freestanding sign visible from the street. The address must include the street number; the street name is optional. The address must be of a size and design that is easily identifiable and legible from moving traffic in the street at a distance of 100 feet (three-inch high lettering/numerals with a three-quarter-inch stroke). The area taken up by the address does not count as part of the sign area.
(5)
No permanent, temporary or planned center signs shall be permitted except as authorized by this section.
(6)
No sign shall be located within a street right-of-way.
(7)
All freestanding signs shall be set back a minimum distance equal to the sign height from each lot line. No sign within the clear sight triangle shall obstruct vision between the heights of 30 inches and eight feet above the elevation of the center line of the street.
(8)
No signs shall be painted, pasted, nailed, stapled, or otherwise attached to utility poles, trees, fences, fire hydrants, or in an unauthorized manner to walls or other signs, except insofar as such signs comply with generally applicable rules, regulations, or policies formally adopted by the Borough Council.
(9)
No sign shall be placed so as to obstruct any door, stairway, window, fire escape, or other means of egress or ingress.
(10)
No sign shall be placed so as to obstruct ventilation or light from a building.
(11)
No overhead sign shall have a clearance of less than eight feet between any pedestrian walk and the lowest part of the sign nor less than 17 feet six inches between any roadway and the lowest part of the sign.
(12)
No flat wall sign shall project more than 18 inches from the face of the wall to which it is attached over a public sidewalk.
(13)
No wall projecting sign shall project more than 48 inches from the face of the wall to which it is attached over a public sidewalk.
(14)
No sign shall have lights or other illuminating devices that constitute a public safety or traffic hazard.
(15)
No sign shall be permitted which imitates or which might be confused with an official traffic sign or signal, such as by containing the words "Stop" or "Danger" or by including red, green, or yellow lights.
(16)
No sign or window display shall include a revolving beam or beacon of light resembling an emergency vehicle or facility.
(17)
No sign shall advertise activities or products that are illegal under federal, state, or local municipal laws or regulations.
(18)
No sign shall include statements, words, or pictures that are considered to be vulgar, obscene, or pornographic. No sign shall depict "specified anatomical areas" or "specified sexual activities," both as defined herein.
(19)
No spinners, reflectors, tinsel, or similar materials shall be displayed outside a building.
(20)
In addition to any other signs permitted by this section, each principal use may display one flag not to exceed the size and height of a permanent sign permitted by § 380-46 of this chapter. Such flag shall not be used to convey any commercial message (as defined herein) or advertising.
(21)
No sign shall emit smoke, visible vapors, particles, sound, or odor.
(22)
No sign shall be placed on an automobile, truck, or other vehicle if that vehicle is being used primarily for displaying such sign.
(23)
No inflatable signs, other than those associated with holiday decorations, shall be permitted.
(24)
No open flames shall be permitted as part of a sign or in any other way to attract attention.
(25)
Advertising painted upon or displayed upon a barn or other structure shall be considered a sign and shall comply with this section.
(26)
Signs that are located on the inside of a window shall be counted as a sign if they are legible from an adjoining road or adjoining property.
(28)
Signs incorporating LCD, LED, plasma, CRT, pixelized lights or other animated and/or video-like displays and projected displays shall be limited to the (HC and HI) Zones and shall comply with the following requirements:
(a)
Such signs shall employ sufficient size lettering and/or symbols for immediate recognition by motorists;
(b)
Such signs shall display simple and static messages for immediate recognition by motorists. Messages shall be complete in each display cycle and shall not require viewers to see multiple display cycles to derive its meaning;
(c)
Such signs shall use instantaneous transitions from one message display cycle to the next with no blank-outs, scrolling, fading, streaming, zooming, flashing or any other animated effect to facilitate immediate recognition by motorists;
(d)
All properties utilizing a dynamic message display sign must remove all exterior promotional banners, sandwich board signs, and may not use any temporary signage; and
(e)
Each message display cycle shall comply with the following minimum time standards based upon the lowest speed limit of the road travel lane from which the sign is visible:
Required Minimum Message Display Cycles | ||||
|---|---|---|---|---|
Speed Limit (miles per hour) | Total sign area with up to 64 square feet (seconds) | Total sign area between 64 and 300 square feet (seconds) | Total sign area more than 300 square feet (seconds) | |
25 | 17 | 28 | 56 | |
30 | 14 | 24 | 48 | |
35 | 12 | 20 | 40 | |
40 | 11 | 18 | 36 | |
45 | 10 | 16 | 32 | |
50 | 9 | 14 | 28 | |
55+ | 8 | 12 | 24 | |
The cycle periods listed above are based upon the time it takes to travel through the viewshed of each sign size. | ||||
§ 380-46 Specific sign requirements.
Table 380-46[1], Permanent Sign Requirements, Table 380-46[2], Temporary Sign Requirements, and Table 380-46[3], Planned Center Sign Requirements, [1] tabulate requirements imposed upon permanent, temporary and planned center signs as permitted within the Borough.
A.
Coordinated signs. As an alternative to separate freestanding signs, uses may provide for coordinated freestanding signage among several principal uses. In so doing, each tenant is permitted 60% of their respective freestanding sign area upon the coordinated freestanding sign, plus the ability to erect a flat wall, window or wall projecting sign at 60% that otherwise permitted for the use under § 380-46 of this chapter. Such coordinated signage must be located no less than 10 feet from the street right-of-way, not exceed 15 feet in height and include a sign easement agreement in language acceptable to the Borough Solicitor which assures each use adequate sign display and ensures adequate sign maintenance.
B.
Permitting procedures and fees. Permits for the placement of signs are required as indicated by the last column in the tables listed in § 380-46 of this chapter. All signs requiring permits must have such permit prior to the erection, installation, or alteration of the sign. Sign permit applications, forms, plan requirements, and fees shall be established by resolution of the Borough Council.
(1)
Application for permit shall be made in writing to the Zoning Officer and shall contain all information necessary for such officer to determine whether the proposed sign, or the proposed alterations, conform to the requirements of this chapter. All applications for sign permits shall be accompanied by scaled plans or diagrams showing the following:
(a)
Exact dimensions of the lot including any right-of-way lines or building upon which the sign is proposed to be erected;
(b)
Exact size, dimensions, and location of the said sign on the lot or building together with its type, construction, materials to be used, and the manner of installation; and
(c)
Any other lawful information that may be required of the applicant by the Zoning Officer.
(2)
No sign permit shall be issued except in conformity with the regulations of this chapter, except upon order of the Zoning Hearing Board, granted pursuant to the procedures established for the issuance of a variance.
[1]
Editor's Note: Said tables are included as attachments to this chapter.