Prospect Park City Zoning Code
ARTICLE XIII
General Provisions
§ 70-54 Intent.
The overall intent of these general provisions is to identify supplementary regulations and standards which are either common to all zoning districts or pertinent to several zoning districts as stated herein.
§ 70-55 Overall requirements.
No activities which require the moving of earth or the filling or excavation of an area shall occur without a building permit issued by the Building Inspector. Finish grading or incidental grading of a lot in minor earth moving from one place to another on a lot for the establishment of a yard or for landscaping shall not require a building permit. The deposit of soils, detritus or other debris which would be unsightly or detrimental to surrounding properties, streets, sewers and natural watercourses as a result of sight preparation, grading and/or excavating shall be prohibited. All rainwater from gutters on buildings must drain into the curb or street area.
§ 70-56 General lot and yard requirements.
A.
Lot area and yard requirements. The lot or yard requirements for any permitted building or use shall not include any part of a lot that is required by any other permitted building or use to comply with the requirements of this chapter. No required lot area or yard shall include any property, the ownership of which has been transferred subsequent to the effective date of this chapter, if such property was a part of the area required for compliance with the dimensional requirements applicable to the lot from which such transfer was made.
B.
Exceptions to the minimum lot areas and lot width. The provisions of this chapter shall not prevent the construction of a building, provided that the yard requirements are observed, on any lot which was lawful when created and which, prior to the effective date of this chapter, was in separate ownership duly recorded by plan or deed, subject to the provisions of § 70-61, Nonconformities, pertaining to nonconforming uses.
C.
Front yard regulations. Where a minimum depth of front yard is specified in a district, an open space of at least the specified depth shall be provided between the street line or lines and the nearest point of any building or structure, except as may be hereinafter permitted.
D.
Exceptions to required front yard for certain accessory uses. The front yard requirements for any district for accessory signs and off-street parking facilities may be waived at the discretion of the Borough Council.
E.
Side and rear yard requirements. Where a minimum width of side yard is specified, no building or other structure shall be erected within such width from either side lot line, except as provided in Subsection F.
F.
Decks; projections into required yards.
[Amended 8-11-1998 by Ord. No. 1198, approved 8-11-1998; 3-14-2000 by Ord. No. 1214, approved 3-14-2000]
(1)
No building or part hereof shall be erected within or shall project into any required minimum yard setback in any district except for the following:
(a)
Decks.
(b)
Unenclosed porches.
(c)
Terraces.
(d)
Patios.
(e)
Platforms or other uncovered spaces.
(f)
Buttresses, chimneys, cornices, piers or pilasters.
(g)
Unenclosed fire escapes, steps, bay windows and balconies and accessory use structures as provided for in § 70-60.
(2)
No such projection shall extend any closer than 25 feet to the rear property line. Unenclosed porches shall not extend beyond the side yard setback and, in the case of semidetached dwellings, not less than two feet from the common lot line without a side yard setback.
G.
Corner lot development. The building setback line for a corner lot shall be the same as required along the same street for which the house fronts. The remaining side yard for that portion of the lot facing the intersecting street shall be as follows:
(1)
The required side yard shall be in conformance with the side yard requirements, but in no event shall this distance be less than the average between the minimum side yard and the building setback line requirements of this chapter.
(2)
In those instances when the required building setback line and the lot to the rear parallels the corner lot side yard, then the required side yard shall be the average distance between the required building setback line of the lot to the rear and the side yard requirements at the corner lot, but in no event shall this distance be less than the average between the minimum side yard and the building setback line requirements of this chapter.
§ 70-57 Height limitations for fences and walls.
A.
No fence shall be erected in front of the front yard building setback line.
B.
No permit shall be issued for the erection of a fence on a property line without the written consent of the owner of the adjacent property. Permits may be issued for a fence to be erected wholly within the property of the permittee and immediately adjacent to, but not to touch, the property of the owner of the adjacent property.
C.
No permit shall be issued for the erection of a fence on the property line between residences which are separated by abutting driveways where one of the driveways is 10 feet or less in width without the written consent of the owner of the adjacent property. In such cases, a fence may be erected beginning at the rear of the residence and extending in the direction of the rear property line in accordance with the other provisions of this section.
D.
All fences erected in the Borough of Prospect Park shall have the finished side facing the adjacent property owners and/or the right-of-way.
E.
No fence or wall over six feet in height, except a retaining wall or a wall of a building permitted under the terms of this chapter, or a fence required as a continuous buffer strip shall be permitted.
F.
No permit shall be issued for a fence other than made with the materials listed in Article II, Definitions.
§ 70-58 Exceptions to height regulations for buildings and structures.
The Borough Council shall determine that the height regulations prescribed within this chapter may be exempted for spires, steeples, belfries, cupolas or domes not used for human occupancy or for chimneys, ventilation fans, air-conditioning equipment, roof structures for the housing of elevators and/or stairways, fire or parapet walls, skylights, flagpoles, water tanks, utility poles or towers, communication towers, windmills, silos, smokestacks and ornamental or other necessary mechanical appurtenances.
§ 70-59 Corner vision obstruction.
On any lot, no wall, fence or other structure shall be erected or maintained and no hedge, tree, shrub or other growth shall be maintained which may cause danger to traffic on a street by obscuring the view. The clear sight triangle shall be in accordance with the design standards and required improvements for streets set forth in the Prospect Park Borough Subdivision and Land Development Ordinance.
§ 70-60 Accessory uses, buildings and structures.
Accessory uses, buildings and structures shall include, but not necessarily be limited to, the following:
A.
Uses, buildings and structures accessory to dwellings.
(1)
Detached private garage, covered private parking space, carport, shelter for pets owned by the owner of the property, swimming pool, in accordance with this section, and private greenhouses.
(2)
Post, mast, tower or other structure when erected and operated by the occupier thereof, who is an amateur radio operator duly licensed by the Federal Communications Commission, when approved as a special exception as set forth in Article IV, R-1 Residential District, § 70-11.
B.
Accessory use structures in yards. In any district, unless otherwise specified or implied by the requirements for a buffer planting strip, accessory uses, structures or buildings may be located, erected or maintained in the side yard that does not abut the street or in any rear yard, provided that in no case shall such accessory use, structure or building be closer to any lot line than three feet except for fences which define property boundary lines or serve as a required continuous buffer or such fences as are approved pursuant to § 70-57 hereof.
[Amended 6-10-2003 by Ord. No. 1245, approved 6-10-2003]
C.
(Reserved)[1]
[1]
Editor's Note: Former Subsection C, Swimming pools, was repealed 7-11-1995 by Ord. No. 1167, approved 7-11-1995. For current provisions, see Ch. 150, Swimming pools.
D.
Recreational vehicles and travel trailers. Recreational vehicles and/or travel trailers owned and licensed to a member of the family of the owner or tenant and who shall reside at the premises shall be stored in the rear yard of the principal permitted use or in a garage or roofed structure. The number of recreational vehicles and/or travel trailers to be stored on any lot shall be limited to two. These vehicles must be stored three feet from the owner's property.
E.
Sheds, other buildings and structures. Private buildings and structures, such as, but not limited to, bathhouses, sheds or private, noncommercial greenhouses shall be permitted in side and rear yards only and not in the front yard. Such structures shall be no closer than two feet to a side or rear boundary. For purposes of this chapter, a shed shall be defined as a building or structure not more than 10 feet in height and not more than 144 square feet of interior floor space, to be used as incidental to the primary use of the property on which it is located.
[Amended 3-14-2000 by Ord. No. 1215, approved 3-14-2000]
(1)
The number of sheds on a lot should be limited to one.
(2)
Sheds must be two feet from the side or rear boundary. (See § 70-60E).
(3)
Installation requirements for sheds shall be as follows:
(a)
A shed may be installed or erected on any property within the Borough without the placement of footers or foundations beneath the shed, provided that, for the purpose of rodent and vermin control, the shed is placed on a concrete slab not less than four inches thick, and further provided that the shed complies with all other requirements of the Building and Housing Code.
(b)
Four inches of crushed stone can be used in lieu of a concrete slab in the event that the slab is of the fabricated wooden variety with a treated wooden floor system. Such a system must contain treated skids that elevate the floor of the building a minimum of four inches above grade for air circulation beneath the structure. Wire must be secured to the perimeter skids as a rodent and vermin control.
(c)
The concrete slab or stone must be no less than two inches larger than the maximum length and width of the shed.
(4)
Sheds must be located a minimum of eight feet from the house or primary structure.
F.
Maximum height. Accessory buildings and structures. No accessory building or structure shall exceed 20 feet in height except for storage sheds, which may not exceed 10 feet in height, and private garages, which may not exceed 14 feet in height. A vertical distance measured from the lowest and highest grade at the foundation divided by these two figures to create an average and measurement is taken from this figure.
[Amended 6-10-2003 by Ord. No. 1245, approved 6-10-2003]
G.
Temporary structure or use. No temporary structures or uses shall be permitted.
§ 70-61 Nonconformities.
A.
Continuation. All structures, uses of structures and uses of land that do not conform to the regulations of the district in which they are located after the effective date of this chapter shall be regarded as nonconforming and the following regulations shall apply to them.
B.
Alteration or extension.
(1)
Nonconforming structure. Nonconforming structures may be altered or reconstructed, provided that such alteration or reconstruction does not increase the extent of the nonconformity. In the case of a nonconforming setback, any enlargement, alteration or additions may not exceed the existing nonconforming setback. In the case of nonconforming structures which are used by a nonconforming use, such alteration or extension shall also meet the requirement of Subsection B(3).
(2)
Nonconforming lots. A building may be constructed on any lot which was lawful when created and which, prior to the effective date of this chapter, was in single and separate ownership duly recorded by plan or deed, provided that the yard requirements of this chapter are observed.
(3)
Nonconforming uses. Nonconforming uses shall not be altered, reconstructed or extended, except in accordance with the following provisions:
(a)
Such alteration, reconstruction or extension shall be permitted only by special exception under the provision of Article XV, § 70-90C.
(b)
Such alteration, reconstruction or extension or enlargement shall be only upon the same lot that was in existence at the date the use became nonconforming.
§ 70-62 Public sewers and rights-of-way.
No building shall be erected, altered or located over a public sewer or within the limits of any right-of-way relating thereto.
§ 70-63 Prohibited animals and fowl.
No lot or premises in any part of the Borough shall be used to keep or raise any chickens, ducks, pigeons or other fowl or rabbits, hares, guinea pigs, white mice, hamsters or any other small animals, with the exception of specimens kept as household pets, provided that the keeping of the same shall not cause a nuisance. No lot or premises in any part of the Borough shall be used to keep or raise any horses, cows, cattle, sheep or any other farm animals or wild animals and reptiles, whether domesticated or not.
§ 70-64 Residential conversions.
A dwelling existing at the time this chapter becomes effective may be converted into no more than three dwelling units, provided that the following requirements are met:
A.
The lot area per dwelling unit shall not be less than 2,500 square feet.
B.
All other district requirements shall be met.
C.
No alteration of the building exterior shall be made, except as may be necessary for health or safety purposes.
D.
Fire escapes.
(1)
New fire escapes for residential conversions shall be required where exterior stairs cannot be utilized due to lot lines limiting stair size. (See BOCA Code 1025.1.3.)
(2)
Fire escapes shall not be on any wall facing the street.
(3)
All required fire escapes shall be maintained in working condition and structurally sound.
(4)
All fire escapes or stairs shall be provided to each dwelling unit on existing buildings and residential conversions.
(5)
All other requirements shall be according to BOCA Code regulations, Section 1025.0.
§ 70-65 Home occupations.
A.
Permitted areas. The practice of a home occupation shall be permitted in any dwelling except a multifamily housing unit.
B.
Size restrictions. The area used in the practice of home occupations shall occupy no more than 25% of the floor area of the practitioner's housing unit.
C.
Use restrictions.
(1)
No manufacturing, painting or mechanical work will be allowed.
(2)
Any activities shall be conducted in such a way that no noise, odor, dust, vibration, electromagnetic disturbance, smoke or any interference of any kind shall be noticeable at or beyond the property lines.
(3)
Storage of materials or products shall be within a building.
(4)
No retail sales shall be permitted except for home-produced goods.
(5)
No motor vehicles other than one private automobile or truck not exceeding 3/4 ton carrying capacity shall be stored on the lot.
(6)
No material designed for use as an explosive nor any material producing radiation shall be reproduced or stored on the premises.
(7)
No advertising other than signs permitted in the residential zoned districts shall be permitted.
(8)
No activity shall be visible from any property line.
D.
Personnel restrictions. No person other than a resident may practice occupation.
E.
Parking requirements.
(1)
Three off-street parking spaces in addition to those required by the zoned district shall be allowed if the practice of the home occupation involves contact with the public or the employment of others.
(2)
Spaces shall be located behind the building setback line.
§ 70-66 Day-care centers.
Residential day-care centers shall, in addition to all standards and criteria in this chapter, be subject to the following:
A.
Residential day-care centers and operators of centers shall be licensed by the Commonwealth of Pennsylvania.
B.
Center shall be contained within the residence of the owner/operator, and the essential character of the building as a residence shall be maintained.
C.
Signage shall be limited to one sign not to exceed 144 square inches in area.
D.
No more than six children shall be cared for at any one time. The number of children must be the same as listed on the license.
E.
A responsible adult shall be in attendance at all times when children are in attendance.
F.
The owner/operator of the residential day-care center may employ no more than two assistants, to be determined by the number of children in the center.
G.
Two additional off-street parking spaces shall be required for employees and/or visitors, to be determined by the number of children listed on the license.
§ 70-67 Environmental controls.
A.
It is the intent of these regulations to prevent land or buildings, including those permitted by right, by conditional use or by special exception, from being used or occupied in any manner so as to create any dangerous, injurious, noxious or otherwise objectionable condition, such as fire, explosion or other hazards, noise or vibration, glare or heat, conditions conducive to the breeding of rodents or insects or other substances, conditions or elements in a manner or amount as to adversely affect the surrounding area. All uses shall operate in conformance with the environmental controls set forth herein and relevant statutes, codes, rules and other regulations of the United States government, the Commonwealth of Pennsylvania, Delaware County government, quasi-governmental and governmentally regulated bodies, companies and authority entities and other chapters of the Code of Prospect Park Borough. The most stringent regulation applicable shall be used.
B.
All requirements and design standards of Title 25, Environmental Resources of the Pennsylvania Code, Chapter 104, Dam Safety and Water Management shall be considered by the Borough of Prospect Park relative to land development within the Borough.
C.
All requirements and design standards of the Commonwealth of Pennsylvania Department of Transportation Highway Design Manual (latest edition) shall be considered by the Borough of Prospect Park relative to land development within the Borough.
D.
Noise control. The following provisions shall apply to any noise-producing source within the Borough:
(1)
No person shall make, continue or cause to be made or continued, any noise disturbance.
(2)
The following acts and the causing thereof are declared to be noise disturbances and, therefore, in violation of this chapter:
(a)
Operating, playing or permitting the operation or playing of any radio, television, phonograph, drum, musical instrument, sound amplifier, automobile radio, automobile stereo or high fidelity equipment or similar device which produces, reproduces or amplifies sound:
[1]
At any time in such manner as to cause such disturbance across a lot line or between the hours of 9:00 p.m. of one day and 7:00 a.m. of the following day so as to be audible across a lot line of the receiving land use.
[2]
In such manner as to create such disturbance across such a lot line or at 50 feet from such source, whichever is less, when the source is operated in, from or on a motor vehicle or hand carried on a public right-of-way or public space.
[3]
In such a manner and at a time as to cause such disturbance and which disturbs the peace and quiet of the immediate neighborhood.
(b)
Engaging in loud or raucous yelling, shouting, hooting, whistling or singing on the public streets between the hours of 9:00 p.m. of one day and 7:00 a.m. of the following day or at any time or place in such a manner as to cause such disturbance.
(c)
Operating or permitting the operation of any tools or equipment on construction operations, drilling or demolition or other work; or in the sweeping of parking lots in areas adjacent to residential districts or within 1,000 feet of residential districts between the hours of 9:00 p.m. of one day and 7:00 a.m. of the following day on weekdays and Saturdays or any time on Sunday or legal holidays, such that the sound therefrom causes such disturbance across a residential lot line, except for emergency work.
(d)
Operating or permitting the operation of any electrically powered saw, drill, sander, grinder, lawn or garden tool, snowblower or similar devices used outdoors between the hours of 9:00 p.m. of one day and 7:00 a.m. of the following day in such a manner as to cause such disturbance across a residential lot line. This section shall not apply to municipal or utility services in or about the public right-of-way.
(e)
Loading, opening, closing or other handling of boxes, crates, containers, building materials, garbage cans or other objects between the hours of 9:00 p.m. of one day and 7:00 a.m. of the following day in such a manner as to cause such disturbance across a residential lot line. This section shall not apply to municipal or utility services in or about the public right-of-way.
(f)
Owning, possessing, harboring or controlling any animal or bird which howls, barks, meows, squawks or makes other sound continuously and/or incessantly for a period of 10 minutes or makes such noise intermittently for 1/2 hour or more to the disturbance of any person at any time of the day or night, regardless of whether the animal or bird is situated in or upon private property; provided, however, that at the time the animal or bird is making such noise, no person is trespassing or threatening to trespass upon private property in or upon which the animal or bird is situated or for any other cause which teased or provoked the animal or bird.
(g)
Offering for sale or selling by shouting or outcry or by any other amplified or unamplified sound, except between the hours of 7:00 a.m. of one day and 9:00 p.m. of the same day, provided that the same is done at no time in such a manner to violate Subsection D(5).
(h)
The removal or rendering inoperative by any person other than for purposes of maintenance, repair, replacement or other work of any muffler or sound dissipative device or element of design or noise label of any product; the intentional moving or rendering inaccurate or inoperative of any sound monitoring instrument or other device positioned by or for the Borough or other governmental entity, provided that such device or the immediate area is clearly labeled or posted to warn of the potential illegality; and the use of a product which has had a muffler or sound dissipative device or element of design or noise label removed or rendered inoperative with knowledge or reason to known that such action has occurred.
(i)
Repairing, rebuilding or testing or otherwise working on any motorcycle or other motor vehicle, motorboat or aircraft in such a manner as to cause such disturbance across a lot line of the receiving land use.
(3)
The following provisions shall govern motor vehicle noise controls:
(a)
No person shall operate or cause to be operated a public or private motorcycle or other motor vehicle or any equipment attached to such a vehicle on a public right-of-way at any time in such a manner that the sound level emitted by the motorcycle or other vehicle or any equipment attached to such a vehicle exceeds the level set forth in the official Pennsylvania Department of Transportation Handbook of Vehicle Code Regulations, Chapter 450, Established Sound Levels, as promulgated under the Vehicle Code, P.L. 162, No. 81.[1]
[1]
Editor's Note: See 75 Pa.C.S.A. § 101 et seq.
(b)
No person shall operate or permit the operation of a motorcycle or other motor vehicle or any auxiliary equipment attached to such a vehicle for a period longer than 15 minutes in any hour while the vehicle is stationary, for reasons other than traffic congestion, anywhere within 150 feet of any residence in such a manner as to cause a noise disturbance across a lot line of the receiving land use.
(c)
No person shall at any time sound the horn or other warning device except when absolutely necessary as a warning of a clear and present danger of imminent harm.
(d)
No person shall operate sound-amplifying equipment mounted on or attached to any motor vehicle at any time in such a manner as to exceed maximum permissible motor vehicle noise emissions.
(4)
The noise from any of the aforesaid prohibited acts that disturbs two or more residents or other owners in use or occupancy who are in agreement as to the times and durations of the noise and who occupy separate residences or other buildings, including apartments, townhouses and the like, located across the lot line of the receiving land use, shall be prima facie evidence of a noise disturbance.
(5)
No person shall operate or cause to be operated any noise-producing source in such a manner as to create a sound level which exceeds the limits set forth for the receiving land use category in the following table more than 10% of any measurement period, which shall not be less than 30 minutes nor more than 60 minutes when measured at or beyond the lot line of the receiving land use. Any sound source that produces sound in excess of those levels shall constitute a noise disturbance.
SOUND LEVELS BY RECEIVING LAND USE | |||
|---|---|---|---|
Receiving Land Use Category | Time | Sound Level Limit (dBA) | |
Residential, public space, open space, agricultural or institutional | 7:00 a.m. to 9:00 p.m. | 57 | |
Residential, public space, open space, agricultural or institutional | 9:00 p.m. to 7:00 a.m. | 52 | |
Commercial or business | All | 65 | |
Industrial | All | 75 | |
(6)
Notwithstanding the provisions of Subsection D(3) herein, for any noise-producing source of sound, the maximum sound level shall not at any time exceed the sound level limits in the table above by:
(a)
Ten dBA from 7:00 a.m. of one day to 9:00 p.m. of the same day in a residential zone.
(b)
Five dBA from 9:00 p.m. of one day to 7:00 a.m. of the following day in a residential zone.
(c)
Ten dBA at all times for other land uses.
(7)
A violation of Subsection D(3) and (5) above shall be construed to occur when the dBA limits are exceeded more than once during any consecutive ten-day period.
(8)
In the event that the background ambient sound levels exceed the sound level limit set forth in Subsection D(5), the sound level of the intrusive noise-producing source shall be measured with the ambient background sound level being substituted as the sound level limit in Subsection D(5).
(9)
Sound shall be measured at or beyond the lot line of the receiving land use, except for the following, which shall be measured at or beyond the district boundary line for the zoning district in which the receiving use is located.
(a)
Helicopter or other aircraft service facility.
(b)
Private helicopter.
(10)
Any noise which occurs on a lot which, according to this chapter, is being used in a legally nonconforming manner and which noise relates to said use shall be judged as if the lot bore a zoning designation under which the use would be conforming.
(11)
All sound measurements shall be made on a sound level meter calibrated in the manner required by the manufacturer's specifications, and such meter shall be approved by the American National Standards Institute (ANSI) or its successor body or such other society, organization or the like approved by the Borough Council. All sound level measurements shall be taken at an elevation five feet above the ground.
(12)
The following sounds are exempt from the provisions above:
(a)
Blasting, only if performed in accordance with a permit issued by the Fire Marshal. Such blasting may occur only between 9:00 a.m. and 4:00 p.m., Monday through Friday, unless specifically authorized otherwise by the permit.
(b)
Band concerts, church carnivals or other performances or similar activities publicly or privately sponsored and presented in any public or private space outdoors, provided that such activities do not produce sound 15 dBA in excess of the sound levels set forth in Subsection D(5) herein and do not occur between 10:00 p.m. on one day and 9:00 a.m. on the following day.
(c)
Sounds caused by the performance of emergency work or by the ordinary and accepted use of emergency apparatus and equipment.
(d)
Sounds resulting from the repair or replacement of any municipal or utility installation in or about the public right-of-way.
(e)
Sounds not electronically amplified, created by organized school-related programs, activities, athletic and entertainment events or other public programs, activities or events, other than motor vehicle racing events.
(f)
Sounds made by warning devices operating continuously for three minutes or less, except in the event of an actual emergency, the time limitation shall not apply.
E.
Vibration control. Operating or permitting the operation of any device that creates vibration which is above the vibration perception threshold of an individual at or beyond the property boundary of the source or on private property or at 50 feet from the source, if on a public space or public right-of-way, shall be prohibited. For the purposes of this section, "vibration perception threshold" means the minimum ground- or structure-borne vibrational motion necessary to cause a normal person to be aware of the vibration by such direct means as, but not limited to, sensation by touch or visual observation of moving objects.
F.
Storage control.
(1)
No flammable, highly volatile or explosive liquids, solids or gases shall be stored in bulk above the ground, except that tanks or drums of fuel directly connecting with energy devices, heating devices or appliances located and operated on the same lot as the tanks or drums of fuel may be stored above ground, provided that such tanks or drums are not more than 2,000 gallons. All such tanks or drums shall be painted or otherwise coated white or other heat reflective color. All federal, state and local laws shall be met.
(2)
All outdoor storage facilities for fuel in excess of 55 gallons, raw materials and other products stored outdoors, including those permitted in Subsection F(1) above, shall be enclosed by a fence of a type, construction and size and shall be adequate to protect and conceal the facilities from any adjacent properties. Fencing shall not only encompass the question of safety, but also constitute a visual buffer. All federal, state and local laws shall be met.
(3)
No materials or wastes shall be deposited upon a lot in such form or manner that they may be transported off by any causes or forces of nature, nor shall any substance which can contaminate a stream or other watercourse or otherwise render such stream or other watercourse undesirable as a source of water supply or recreation or which will destroy or otherwise harm aquatic life be allowed to enter any stream or other watercourse or cause or contribute to a violation of federal, state or local law.
(4)
No materials or wastes shall be deposited upon a lot in such form or manner that they may be transported off by any causes or forces of nature to damage, destroy or create hazards or contamination to humans, terrestrial wildlife, soil and/or vegetation.
(5)
Underground storage of flammable, combustible, explosive or other hazardous substances or materials and the construction or installation of tanks and other receptacles therefor shall be in accordance with the Fire Prevention Code[2] and subject to the approval of the Fire Marshal to the extent such approval is not preempted by federal or state law. Any such approval, if given, may be given subject to such conditions as the Borough Council deems necessary to protect the public health, welfare and safety.
[2]
Editor's Note: See Chapter 80, Fire Prevention.
(6)
All materials or wastes which cause or are reasonably likely to cause fumes, odors or dust or which constitute a fire hazard or which may be edible or otherwise attractive to rodents or insects shall be stored outdoors only if enclosed in containers adequate to eliminate such hazards. All federal, state and local laws shall be met.
G.
Glare and heat control. Direct or sky-reflected glare, whether from spotlights, floodlights or from high temperature processes such as combustion or welding or from other sources so as to be visible at the lot line of the receiving land use, shall be prohibited. There shall be no emission or transmission of heat or heated air so as to be discernible at the lot line of the receiving land use.
H.
Fire and explosion control. All activities and all storage of flammable and explosive materials at any point within a lot shall be provided with adequate safety and fire-fighting devices in accordance with the BOCA Fire Prevention Code in effect at the time such activity or storage is occurring.
§ 70-68 Buffer area standards.
A.
Buffer areas, as defined in Article II, Definitions, and required in various districts, shall be adjacent to a property boundary.
B.
Buffer areas shall be landscaped and maintained in accordance with plans as approved by the Borough Council.
C.
All planting shall be installed and maintained for the full width required in a particular district, except that certain structures may be placed in the buffer area, including:
(1)
The required plantings and related landscape treatment such as berms, fence or walls which aid in screening and do not conflict with the character of the adjoining properties or block the clear sight distance required at intersections.
(2)
Pertinent landscaping structures such as tree wells, tree guards and tree grates and retaining walls used to preserve stands of existing trees or used for other functional purposes.
(3)
Roads which provide direct ingress/egress for the tract, including pertinent structures within such road rights-of-way such as curbs, sidewalks, signs, lighting standards or benches.
(4)
No structures other than those set forth in Subsection C(1) shall be placed within a buffer area, and no parking of any kind shall be permitted within the required buffer area.
§ 70-69 Condominiums.
A.
Prior to the division or allocation of land or space between or among two or more existing or prospective occupants by means of or for the purpose of condominiums, the owners and/or developers of property to be developed with condominiums or the owners of existing structures to be converted to condominiums shall enter into a condominium development agreement with the Borough. Said agreement is to be prepared by the Borough Solicitor, who shall require certain documents from the applicants. Said agreement is to include, but not be limited to, the following:
(1)
A statement of declaration.
(2)
A declaration plan.
(3)
A code of regulations for said condominium.
(4)
Other legal and engineering requirements considered necessary by the Borough Solicitor and the Borough Engineer.
B.
"Condominium" shall be defined as used in the Uniform Condominium Act 1980, July 2, P.L. 286, No. 82, § 1,[1] as amended from time to time, which, at the date of this chapter, states: "Condominium, Real Estate, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of those portions. Real estate is not a condominium unless the undivided interests in the common elements are vested in the unit owners."
[1]
Editor's Note: See 68 Pa.C.S.A. § 3101 et seq.
§ 70-70 Microwave antennas for satellite communication.
A.
Definition of terms. As used in this section, the following terms shall have the meanings indicated:
(1)
A parabolic reflector, together with its pedestal and any other attachments and parts thereof, commonly referred to as a "dish-shaped antenna," used or intended to receive radio, electromagnetic or other communications from satellites or other extraterrestrial sources.
B.
General regulations for microwave antennas for satellite communication, hereinafter called "microwave antennas."
(1)
Permit. Before erection of any microwave antenna, a permit application shall be made to the Borough, a permit issued and a fee paid, the amount of which shall be set from time to time by resolution of the Borough Council.
(2)
Limitation in number. Only one microwave antenna shall be permitted per lot in the R-1, R-2, R-3, C-1, C-2 and I-1 Districts. The microwave antenna shall be considered as a permissible accessory use, subject to the rules and regulations of this section in the above-listed districts.
(3)
Size permitted. The maximum diameter of a microwave antenna shall be four feet or 48 inches; the total height of the supported antenna shall not exceed six feet. Larger construction would be permitted only through special exception by the Zoning Hearing Board.
(4)
Location and mountings. Roof-mounted microwave antennas will be permitted only through a special exception granted by the Zoning Hearing Board. Ground microwave antennas shall be located 10 feet from buildings and 10 feet from all property lines. The ground-mounted microwave antenna shall be secured by a foundation approved by the Borough Engineer and shall be screened on four sides by shrubbery at least six feet in height. The planted visual barrier shall be installed at the time of the installation of the microwave antenna. All antennas must be adequately grounded for protection against a direct strike of lightning.
(5)
General regulations:
(a)
A permit application shall be accompanied by the following drawings:
[1]
For roof-mounted microwave antennas, drawings of the internal roof structure which will provide support, the mounting fastening technique to be used and its size, scaled by a licensed engineer.
[2]
For ground-mounted microwave antennas, drawings with dimensions showing the location within a lot, the screen type, the support foundation and its size.
(b)
In granting a special exception, the Zoning Hearing Board:
[1]
May permit a microwave antenna of a size larger than that permitted as a matter of right, provided that the applicant proves that the permitted size would not suffice for reception acceptable for normal household viewing.
[2]
May require additional or other screening than that otherwise required by these regulations.
[3]
May require additional setback from the property line to that imposed by these regulations.
[4]
Shall attach such additional reasonable conditions as it shall require consistent with the intent of these regulations that the essential character of the neighborhood shall not be disturbed by the installation of any such microwave antenna.
(c)
No microwave antenna may be erected in any district or any location within a district which is prohibited by regulation of the Federal Communications Commission or other regulatory agency having jurisdiction.
(d)
Microwave antennas shall be properly anchored and installed to resist a minimum wind load of 40 pounds per square foot of projected horizontal area. Supports, anchors and foundations shall take into account overturning movements and forces created by wind loading. The safety factor against overturning or sliding for wind forces of microwave antennas shall be 2.0.
C.
Violations and penalties. Any person, firm or corporation who shall violate any provision of this section shall, upon conviction thereof, be sentenced to pay a fine of not more than $300 and/or imprisonment for a term not to exceed 90 days. Every day that a violation of this section continues shall constitute a separate offense.
§ 70-71 Proximity of families of unrelated persons.
Families of unrelated persons shall not be permitted within 500 feet of any other family of unrelated persons.
