Schuylkill Haven City Zoning Code

No such use shall be located within 500 linear feet of the lot line of any primary or secondary school, place of worship, public park, day-care center, child nursery, library, existing dwelling not owned by the same owner as the adult use, or any site marked as a proposed future park location on any Borough Official Map.

No such use shall be located within 1,000 linear feet of any existing adult use.

A thirty-five-foot buffer yard shall be provided along the side and rear lot lines in accordance with § 210-803, but with plantings of an initial minimum height of five feet.

No pornographic material, displays or words shall be placed in view of persons who are not inside of the establishment. Definite precautions shall be made to prohibit minors from entering the premises.

No such use shall be used for any purpose that violates any federal, state or Borough law.

See § 210-709, Prohibited signs.

No such use shall be allowed in combination with the sale of alcoholic beverages.

The use shall not include the sale or display of obscene materials, as defined by state law, as may be amended by applicable court decisions.

These uses are specifically prohibited in all districts except where specifically permitted by Article III.

A minimum lot area of one acre is required, unless a larger lot is required in the applicable district regulations.

For public health reasons, private or semiprivate viewing booths of any kind are prohibited. This specifically includes, but is not limited to, booths for viewing adult movies or nude dancers. No room of any kind accessible to customers shall include less than 150 square feet.

No use may include live actual or simulated sex acts or any sexual contact between entertainers or between entertainers and customers or between customers.

Only lawful massages as defined by state court decisions shall be performed in a massage parlor.

All persons within any adult use, other than performers in an adult live entertainment use, shall wear nontransparent garments that cover their genitals and the female areola.

Unless the Zoning Officer agrees in advance to send such notices, the applicant shall provide a written affidavit stating that he has mailed or delivered a written notice of the proposed hearing date to all property-owners of record within 1,000 feet of the subject property at least 10 days prior to the hearing date.

Any application for such use shall state the names, home addresses and home phone numbers of all individuals intended to have more than a 5% ownership in such use or in a corporation owning such use; an on-site manager responsible to ensure compliance with this chapter; and any legal representative of the applicant. Such information shall be updated once a year, in writing, to the Zoning Officer.

Shall be fully licensed by the state, if required by the state.

Shall include constant supervision during all hours of operation.

Shall not meet the definition of a treatment center.

Minimum lot area: 15 acres.

The site and its design shall be approved by the PA Bureau of Aviation and the Federal Aviation Administration.

The proposed expected flight paths shall be designed to minimize noise hazards to existing residences or approved residential developments.

The landing pad shall be a minimum of 300 feet from the lot line of any existing dwelling which the applicant for heliport does not own or have an agreement of sale. Any portion of a heliport shall be 100 feet from any other lot line.

Conditions. The Borough Council, with advice by the Planning Commission, may place such necessary and reasonable conditions on the use to carry out the objectives of this chapter. These include limiting the types and sizes of aircraft, office hours of operations, the numbers of flights and the general direction of approach. However, such Council shall not place any conditions on the use that will seriously interfere with the safety of the operations.

Any spray-paint work shall be performed within a building. All spray painting shall require a fume collection system that directs fumes away from any adjacent dwellings.

See performance standards in Article V, such as noise and glare.

Outdoor storage of vehicles shall be set back a minimum of 20 feet from a lot line of an existing dwelling.

Overnight outdoor storage of junk other than junk vehicles shall be prohibited within view of a public street or a dwelling.

An individual junk vehicle (as defined by Article II) shall not be stored within view of a public street or a dwelling for a total of more than 20 days. A maximum of six junk vehicles may be parked on a lot outside of an enclosed building at any one time.

Fuel pumps shall be at least 25 feet from the existing street right-of-way.

No vehicle or home on display shall occupy any part of the existing street right-of-way or required customer parking area or any paved area setback required by § 210-603.

See light and glare standards in § 210-511.

Minimum lot area of 7,500 square feet, plus 300 square feet for each sleeping room in excess of four, provided the prescribed yard, lot width, and height requirements for one-family dwelling are met.

Capacity. A maximum of five rental units.

Parking. One point five off-street parking spaces shall be provided for each rental unit, in addition to two off-street parking spaces for the owners/managers/employees. No more than two off-street parking spaces shall be located within the required front yard. If more than four parking spaces are provided within 25 feet of an adjacent dwelling, the spaces shall be separated from the dwelling by plant screening that primarily includes evergreens and that meets the approval of the Zoning Officer.

At least one bathroom shall be provided for every three rental units, plus one bathroom for resident operators.

Signs. There shall not be any signs, show windows or any type of display or advertising visible from outside the premises, except for a single sign which shall not be internally illuminated, have a maximum sign area of six square feet on each of two sides, and have a maximum total height above the ground of eight feet.

Appearance. The use shall have an appearance and character consistent with a residence. The only exterior changes permitted to portions of residential buildings that are visible from a public street shall be for historic restoration, cosmetic improvements and any necessary safety or handicapped access improvements.

The use shall be operated and managed on a daily basis by owners permanently residing on the premises. A maximum of two nonresident employees may regularly work on the premises.

Food. Separate cooking facilities shall not be provided in any guest room. Food shall only be served to guests who are staying overnight, and not to the general public, unless a restaurant is also permitted in the district and the requirements for a restaurant are also met.

The use shall be limited to transient visitors to the area. No guest shall stay for more than 24 total days in any sixty-day period.

The use of any amenities, such as swimming pool or tennis court, shall be restricted in use by overnight guests and permanent residents of the establishment and their occasional invited guests, unless commercial recreation is permitted in the district and the requirements for such use are also met.

A bed-and-breakfast use may be within any principal building that meets the requirements of this section. No new accessory building shall be built to accommodate rental units or a restaurant. All existing principal buildings shall be retained, and the rooflines of such buildings shall be maintained.

Recreation activity setback. All active recreation activities shall be set back a minimum of 25 feet from lot lines and shall cease within one hour after sundown.

Liquor. The use shall not operate in combination with a liquor license, nor shall alcoholic beverages be sold by the drink. If alcoholic beverages are made available to guests, all applicable state laws regulating the alcoholic beverages shall be complied with.

The general standards for conditional uses listed in Article I of this chapter shall be complied with.

Minimum lot area: 7,500 square feet plus 300 square feet for each sleeping room in excess of four, provided the prescribed yard, lot width, and height requirements for a one-family dwelling are met unless a large lot is required by the applicable district regulations.

Each sleeping room shall be limited to two persons each.

See also standards for personal care home, which is a separate use.

Signs shall be limited to two wall signs with a maximum of two square feet each.

Rooms shall be rented for a minimum period of five consecutive days.

Traffic flow and ingress-egress shall not cause traffic hazards on adjacent streets.

On-lot traffic circulation channels and parking areas shall be clearly marked.

Adequate provisions shall be made for the proper and convenient disposal of refuse. For a truck wash, the applicant shall provide evidence that adequate measures will be in place to prevent pollutants from being washed into the groundwater or waterways.

Water used in the operation shall be collected and recycled, and shall not flow into any storm sewers or waterways or the groundwater outside of an on-lot septic system.

Water from the operation shall not flow onto sidewalks or streets, to prevent hazards from ice.

Any car wash that is located within 250 feet of an existing dwelling shall not operate between the hours of 9:00 p.m. and 7:00 a.m.

Any chemicals that may be hazardous to aquatic life shall be stored within an area that will completely contain any leaks or spills.

Minimum lot area: two acres.

A crematorium, where allowed, shall be set back a minimum of 250 feet from all lot lines of existing dwellings and all undeveloped residentially zoned lots.

All structures and graves shall be set back a minimum of 30 feet from the lot line of an abutting dwelling or any undeveloped, residentially zoned lot, 20 feet from the existing right-of-way of any public street and 10 feet from the cartway of an internal driveway.

No grave sites shall be located within the 100-year floodplain.

The use shall include an appropriate system to ensure perpetual maintenance.

The applicant shall provide written certification from a professional engineer, stating that the communications tower/antenna will meet the requirements of the latest UCC for wind resistance and strength of construction and will be engineered to fall on the same lot if the structure would fail.

A commercial communications tower shall have a maximum height of 250 feet.

The base of a freestanding tower shall be surrounded by a secure fence with a minimum height of eight feet.

Any freestanding tower that is higher than 50 feet and is within 100 feet of a public street or dwelling shall be surrounded (except at the driveway crossing) by evergreen screening or preserved woods meeting the requirements of § 210-803D.

The applicant must demonstrate that it is not feasible to cohabitate existing towers in the area.

Minimum lot area of 20,000 square feet.

All parking, interior driveways, except necessary entrance/exit drives, shall be set back a minimum of 50 feet from all residential lot lines, and 25 feet from all other lot lines. All buildings shall be set back a minimum of 25 feet from all lot lines.

Only single-family detached dwellings can be converted. The maximum number of dwelling units after conversion is limited to two.

Minimum lot area: 5,000 square feet per dwelling unit in the R-1 District and 2,500 square feet in the R-2, R-3 and C-1 Districts. All other bulk and area regulations in § 210-308 shall apply.

Each dwelling unit shall contain within the unit a complete kitchen, toilet and bathing facility; shared facilities shall not be permitted.

Each dwelling unit shall have a minimum habitable floor area according to the following table:

The appearance of a single-family dwelling unit shall be maintained. For the converted structure, necessary changes in the number or placement of windows to provide adequate light and air will be allowed, but shall be minimized; any changes which occur shall be of one manner consistent with the architectural character of the dwelling.

Except for parking in driveways, no parking spaces shall be located in the front yard. Parking areas shall be designed so that each vehicle has access to the street without the necessity of moving another vehicle. All newly constructed driveways and parking spaces shall be set back a minimum of five feet from all property lines. Off-street parking shall be designed to be accessible from the lowest order street on which the property fronts. Except for driveway and walkway accesses, buffering shall be placed around off-street parking areas which contain three or more spaces. Plant material or fences shall be used. Material used in screen plantings shall be multistemmed evergreen species and shall be at least three feet in height when planted. The plant material shall produce a visual screen of at least four feet in height within two years. Fences shall be four feet to five feet in height and shall provide a visual screen.

Garbage and refuse pickup and other utility areas shall be provided and shall be located so as not to detract from the aesthetic character of the neighborhood and shall be enclosed and shielded from view by fencing, walls, or shrubbery. Planted material or fences shall meet the standards for buffering of parking areas specified above.

Certification of adequate sewer and water services shall be provided by the applicant.

Basement or cellar dwelling units shall be permitted only if all exterior walls of the dwelling unit are at least four feet above the average finished grade level of the adjoining ground.

See also day-care center as an accessory use in § 210-403.

The use shall comply with any applicable county, state and federal regulations, including having an appropriate PA Department of Human Services registration certificate or license.

Convenient parking spaces with the requirements of Article VI shall be provided for persons delivering and waiting for children.

In the R-2 and R-3 Districts, the use shall be meet the lot and dimensional requirements as a single-family detached dwelling for the R-1 District.

The use shall include adequate measures to ensure the safety of children from traffic or other nearby hazards. This shall include a secure fence around any outdoor areas routinely used for outdoor play to separate the areas from abutting streets or other attractive nuisances or hazards on adjoining lots.

Outside play areas shall be limited to use between 8:00 a.m. and 8:00 p.m. if located within 200 feet of an abutting dwelling.

Outdoor play areas of a day-care center involving the care of 25 or more children at any one time shall be set back a minimum of 25 feet from the lot line of an abutting existing occupied dwelling.

In residential districts, any permitted day-care center shall maintain an exterior appearance that resembles and is compatible with any existing dwellings in the neighborhood.

A day-care center may occur in a building that also includes permitted or nonconforming dwelling units.

See also the standards for a place of worship in this section, which allows a day-care center as an adjunct use.

On a zoning lot having a minimum of 7,500 square feet, plus 300 square feet for each chapel.

The prescribed yard, lot width, and height requirements for a single-family dwelling are met in the R-1 District.

There shall be no crematory, receiving vault, preparation room, or display of merchandise or advertising visible from outside the main or accessory building.

There shall be no loading or unloading of merchandise or bodies of deceased persons on public property.

There shall be no parking or standing of motor vehicles on public property.

The scale of business in relationship to the character of uses around the particular location will be such as not to be detrimental to, or alter the character of, the neighborhood.

The course shall be designed so that golf balls are unlikely to enter public streets or property that is not part of the golf course.

A clubhouse, retail sales of golf supplies and/or restaurant may be permitted as accessory uses. Any building shall be set back a minimum of 250 feet from any residential lot line.

Minimum lot area: 40 acres.

Any outdoor lighting shall be located and designed in such a way that it does not generate more light onto residential properties than what is customary in a residential neighborhood.

Maximum building coverage: 3%.

Maximum impervious coverage: 10%.

Fairways and greens shall be set back a minimum of 40 feet from the lot line of any existing dwelling.

A golf course may include a driving range, if the area occupied by the users is set back a minimum of 250 feet from any residential lot line.

See definition in Article II.

Supervision. There shall be adequate supervision as needed by an adequate number of person(s) trained in the field for which the group home is intended.

Certification. The use shall be licensed or certified under an applicable state, county or federal program for group housing, if applicable. A copy of any such license or certification shall be filed with the Borough and shall be required to be shown to the Zoning Officer in the future upon request. The group home shall notify the Borough within 14 days if there is a change in the type of clients, the sponsoring agency, the maximum number of residents or if an applicable certification/license expires, is suspended or is withdrawn.

Registration. The group home shall register its location, general type of treatment/care, maximum number of residents and sponsoring agency with the Borough. Such information shall be available for public review upon request.

Counseling. Any medical or counseling services provided on the lot shall be limited to residents and a maximum of three nonresidents per day.

The use shall not meet the definition in Article II of a treatment center. A group home shall not house persons who can reasonably be considered to be a physical threat to others.

Recreational facilities limited to overnight guests and a standard restaurant may be permitted accessory uses to a hotel or motel.

See definition in Article II, which distinguishes between a hotel/motel and a boardinghouse.

Storage of garbage or biodegradable material is prohibited, other than what is customarily generated on-site and routinely awaiting pickup.

Outdoor storage of junk shall be at least 100 feet from any residential lot line and 50 feet from any other lot line and the existing right-of-way of any public street.

The site shall contain a minimum of two exterior points of access, each of which is not less than 20 feet in width. One of these accesses may be limited to emergency vehicles. Cleared driveways shall be provided throughout the entire use to allow access by emergency vehicles. Adequate off-street parking areas shall be provided for customers.

Outdoor storage shall be completely surrounded (except at approved driveway entrances) by a forty-foot-wide buffer yard which complies with § 210-803, unless such storage is not visible from an exterior lot line or street. The initial height of the evergreen planting shall be six feet. Secure fencing with a minimum height of eight feet shall be provided and well-maintained around all outdoor storage areas. Such fencing shall be provided inside of the evergreen screening.

Burning or incineration of vehicles or junk is prohibited.

See the noise or dust regulations of Article V.

All gasoline and oil shall be drained from all vehicles and properly disposed of. All batteries shall be removed from vehicles and properly stored in a suitable area on an impervious, properly drained surface.

Lot area: three acres minimum; 20 acres maximum.

Tires. See the outdoor storage and display standards in § 210-403.

All buildings in which animals are housed and all runs shall be located at least 200 feet from all residential lot lines.

Buildings shall be adequately soundproofed so that sounds generated within the buildings cannot routinely be heard within any adjacent dwelling.

No animal shall be permitted to use outdoor runs from 8:00 p.m. to 8:00 a.m. that are within 300 feet of an existing dwelling. Runs for dogs shall be separated from each other by visual barriers a minimum of four feet in height, to minimize dog barking.

See state law regulating kennels.

A kennel may be used for breeding.

Minimum lot area: 10 acres.

Any such use shall front on a public street having a minimum pavement width of not less than 30 feet and shall provide ingress and egress so as not to minimize traffic congestion.

Such uses shall not be located on lots less than 8,000 square feet with a minimum traffic congestion.

Target range: see listed separately.

After areas are used for mineral extraction, they shall be reclaimed in phases to a nonhazardous and environmentally sound state permitting some productive future use.

A seventy-five-foot-wide yard covered by natural vegetative ground cover (except at approved driveway crossings) shall be required along all exterior lot lines that are within 250 feet of an area of excavation or within 250 feet of machinery that is greater than 35 feet in height. This yard shall include an earth berm averaging a minimum of six feet in height and an average of one shade tree for each 50 feet of distance along the lot lines. Such shade trees shall be planted outside of any berm and any fence, and shall meet the size and type requirements of § 210-603.

The following minimum setbacks shall apply for the excavated area of a mineral extraction use from property that is not owned by the owner of the mineral extraction use:

The excavated area of a mineral extraction use shall be set back 150 feet from the average water line of a perennial stream or the edge of a natural wetland of more than two acres.

Fencing. The Borough Council may require secure fencing in locations where needed to protect public safety.

Noise and performance standards. See Article V.

County Conservation District. A soil erosion and sedimentation plan shall be prepared by the applicant and found to be acceptable to the County Conservation District.

Hours of operation. The Borough Council may reasonably limit the hours of operation of the use and of related trucking and blasting operations to protect the character of adjacent residential areas.

Engineering review. The application shall be sent to the Borough Engineer or an alternate engineer appointed by Borough Council for a review, with the reasonable costs of such review paid by the applicant.

The applicant shall also submit a copy to the Zoning Officer of all materials submitted by the applicant to state agencies regarding an application for this project. The use shall comply with all applicable state regulations as a condition of Borough approvals under this chapter, and such Borough approval may be revoked for violation of this condition.

Preemption. Unless a specific preemption of this chapter by a state or federal regulation or law, the most restrictive provisions upon the applicant shall apply whenever one or more municipal, state or federal regulations apply.

Application requirements. For any mineral extraction use involving a proposed excavation of more than one acre, the following shall be submitted:

Regulation of the maximum acreage actively used for mineral extraction.

Construction. Every mobile/manufactured home shall have been constructed in accordance with the safety and construction standards of the U.S. Department of Housing and Urban Development. For safety reasons, any mobile/manufactured home not meeting such standards shall not be placed on a different lot for use as a residence in the Borough of Schuylkill Haven, but such home may remain at an existing location if habitable.

Each site shall be graded to provide a stable and well-drained area.

Each home shall have the hitch mechanism removed and it is also recommended, but not required, that the wheels and axles be removed and stored under the home in order to lower the home.

Anchoring. The applicant for a permit to install a manufactured/mobile home shall provide written certification to the Zoning Officer that the installation of the home complies with this chapter. An anchoring system shall be installed that will prevent shifting or uneven settling of the home and to provide a base for installation of tie-downs. This shall involve the following method, unless the applicant proves to the satisfaction of the Zoning Officer that another method will be used that is recommended by the manufacturer of the home or by the manufacturing housing industry:

Skirting. The space between the bottom of the home and the ground and/or home pad shall be enclosed using either:

Homes shall have a pitched instead of a flat roof.

Homes on individual lots should be located with the longest side facing any boundary public street.

Permit. Each mobile home shall require a Borough permit prior to placement on a site.

Any mobile/manufactured home park shall meet all requirements of Chapter 181, Subdivision and Land Development, except where two provisions regulate the same matter, the more restrictive upon the applicant shall apply. Spaces for individual mobile homes within a mobile home park are not required to be individually surveyed and shall not require individual metes and bounds descriptions.

Mobile/manufactured home parks include the development of parks planned as a unit which are located on tracts of land at least five acres in size; also includes individual mobile/manufactured homes located in such parks. Such mobile/manufactured homes parks and individual mobile/manufactured homes shall comply with all of the regulations of the State of Pennsylvania for mobile home parks and with the following additional regulations:

Licensing. See definition in Article II.

Minimum lot area: 10,000 square feet unless a larger lot area requirement applies in the applicable district. A minimum of 20% of the lot shall be suitable and developed for passive recreation. This area shall include outdoor sitting areas and pedestrian walks.

The density shall not exceed more than one resident or bed per 250 square feet of total building floor area.

Setback. Principal and accessory buildings shall be set back a minimum of 50 feet from a residential lot line.

All parking and activity areas shall be a minimum of 250 feet of an existing dwelling other than a dwelling with the same owner as the picnic grove. The use shall not operate in a way that is perceptible from beyond the lot lines between the hours of 10:30 p.m. and 7:00 a.m.

See noise and glare standards in Article V.

Minimum lot area: five acres.

Minimum lot area: 10,000 square feet unless a larger lot area requirement applies in the applicable district.

A primary or secondary school and/or a child or adult day-care center is permitted on the same lot as a place of worship, provided that the requirements for such uses are also met.

One dwelling unit for a religious leader(s) of the place of worship and their family may be accessory to a place of worship on the same lot.

The height requirements of the district wherein the use is located may be exceeded if every portion of the building above the height limit is at least as many feet distant from lot lines as that portion of the building is in height.

The location of automobile parking on the site shall be such as to provide maximum protection and facilitate traffic movement on abutting streets.

Minimum front and rear yards shall be 10 feet greater in depth, and minimum side yards shall be 10 feet greater in width, than the minimum required for any other main structure in the district in which such use is located.

This use shall not be bound by the requirements of a solid waste disposal facility.

All materials shall be kept in appropriate containers, with appropriate sanitary measures and frequent enough emptying to prevent the attraction of insects or rodents and to avoid fire hazards.

Adequate provision shall be made for movement of trucks if needed and for off-street parking.

A twenty-foot buffer yard with screening as described in § 210-803 shall be provided between this use and any abutting residential lot line.

This use may be a principal or accessory use, including being an accessory use to a commercial use, an industrial use, a public or private primary or secondary school, a place of worship or a Borough-owned use, subject to the limitations of this subsection.

Materials to be collected shall be of the same character as the following materials: paper, fabric, cardboard, plastic, metal, aluminum and glass. No garbage shall be stored as part of the use, except for garbage generated on-site or garbage accidentally collected with the recyclables. Only materials clearly being actively collected for recycling may be stored on site.

The use shall only include the following operations: collection, sorting, baling, loading, weighing, routine cleaning and closely similar work. No burning or melting or mechanical shredding of metal or landfilling shall occur. No mechanical operations shall routinely occur at the site other than operations such as baling of cardboard and shredding of newspaper.

The use shall not include the collection or processing of pieces of metal that have a weight greater than 50 pounds, except within an industrial district.

The use shall include the storage of a maximum of 50 tons of materials on the site if the use is within a residential district and within 500 feet of an existing dwelling.

If drive-through service is provided, a maximum of two outdoor menu boards are permitted, beyond the signs normally permitted, with a maximum sign area of 40 square feet each. The words on such signs shall not be readable from a street or residential lot line.

Traffic circulation onto, within and off of the lot shall be clearly marked. Any drive-through use shall be designed with adequate capacity for waiting vehicles, and to avoid conflicts with traffic onto, around and off of the site.

Minimum lot area: one acre if less than 100 students, three acres if 100 students or over.

No children's play equipment, basketball courts, baseball backstop or infield or illuminated recreation facilities shall be within 25 feet of a residential lot line.

The use shall not include a dormitory unless specifically permitted in the district.

Outdoor storage shall be limited to recreational vehicles, boats and trailers. No junk vehicles shall be stored within view of a public street or a dwelling.

Trash, radioactive or highly toxic substances, garbage, refuse, explosives or flammable materials, hazardous substances, animal carcasses or skins, or similar items shall not be stored.

The interior traffic aisles, required off-street parking areas, loading areas and accessways shall be kept clear of stored items.

Major body work on vehicles shall not be permitted. The use shall not include a commercial auto repair garage unless that use is permitted in the district and the use meets those requirements.

Adequate lighting shall be provided for security, but it shall be directed away or shielded from any adjacent residential uses.

Any areas of the use that are within 200 feet of the existing right-of-way of an expressway, arterial street or collector street shall be separated from that street by a buffer yard with screening under § 210-803.

Maximum building length: 250 feet.

Minimum separation between buildings: 20 feet.

Minimum lot area: 10 acres.

The buildings where slaughtering takes place shall not be located closer than 250 feet to all exterior lot lines and no closer than 500 feet to a residential lot line.

No property shall be used as a dump site for solid waste without a valid Borough and a valid DEP permit. The Borough permit may be suspended for violation of a Borough or DEP requirement.

An applicant for a solid waste facility shall reimburse the Borough for all legal advertisements related to the application, plus pay a nonrefundable administrative fee of $2,000, plus establish an escrow account of $40,000 to be used to compensate the Borough for actual and customary expenses of professional reviews (such as but not limited to engineering and impact reviews). Any escrow funds used for such reviews shall be nonrefundable, while any funds not used for such reviews shall be returned to the applicant after the final Borough approval.

Site plan. A site plan shall be submitted meeting the requirements of Chapter 181, Subdivision and Land Development, and including all information required by DEP on any site plan submitted to the state. The site plan shall show existing and proposed final topography, proposed fencing and landscaping, owners of adjacent lots, proposed haul and access roads, proposed staging, location of equipment and tire-cleaning areas and location of weighing and firefighting facilities.

The applicant shall submit the names and current addresses of any and all persons who have any ownership interest of more than 5% in the proposed use or in businesses that are proposing or intended to own or operate the use. The experience of the applicant in developing and operating other solid waste facilities shall be described.

The applicant shall provide the Zoning Officer with a copy of all written materials and plans that are submitted to PA DEP at the same time as they are submitted to DEP.

A statement shall be submitted describing proposed uses of landfill land after landfilling operations are completed.

A traffic study shall be submitted, showing intended routes for truck traffic and estimating the total number of vehicles of over 20,000 pounds gross vehicle weight that are expected to enter and exit the facility, and the expected impact of these vehicles on the roads considering the roads' existing construction.

An environmental assessment shall be submitted, including the following:

Setbacks.

The use shall be served by a minimum of two access roads paved with a dust-free surface, each with a minimum cartway width of 24 feet. One of these roads may be restricted to use by emergency vehicles, in which case it may be stoned instead of being paved.

Any burning or incineration shall be carried out in a completely enclosed incinerator approved by the DEP. Any material to be incinerated that is to be stored for more than three hours shall be stored in an enclosed structure.

The operation and day-to-day maintenance of the solid waste disposal area shall comply with all applicable state and federal regulations as a condition of the continuance of any permit of the Borough. Violations of this condition shall also be considered to be violations of this chapter.

Open burning of refuse is prohibited as part of a solid waste facility. Garbage may not be dumped or buried except at an approved solid waste facility.

The applicant shall prove to the satisfaction of the Borough Council that the existing street network can handle the additional truck traffic, especially without bringing extraordinary numbers of trash-hauling trucks through or alongside existing residential or residentially zoned areas. The Borough Council may require the applicant to make specific improvements to roads to handle extraordinarily heavy loads.

In cooperation with PA DEP requirements, an appropriate double liner and a system to collect and treat leachate and methane is very strongly encouraged for any sanitary landfill.

The applicant shall prove to the satisfaction of the Borough Council that the use would not routinely create noxious odors off of the tract.

A chain-link or other approved fence with a minimum height of eight feet shall surround active solid waste disposal areas to prevent the scattering of litter and to keep out children, unless the applicant proves to the satisfaction of the Borough Council that this is unnecessary. The Borough Council may also require temporary litter-control fences surrounding current dumping areas. The Borough Council shall require that earth berms, evergreen screening and/or shade trees with a minimum total effective height of eight feet or more, as needed, shall be used to prevent landfill operations from being visible from an expressway or arterial streets or dwellings.

A minimum total lot area of 50 acres (which may include land in an adjoining municipality) is required for any solid waste facility other than a solid-waste-to-energy facility or a solid waste transfer facility. For a solid-waste-to-energy facility or solid waste transfer facility, a minimum lot area of 10 acres shall be required for the first 250 tons per day of capacity to treat or dispose of waste, plus one acre for each additional 50 tons per day of capacity. A solid waste facility shall have a maximum total capacity of 500 tons per day.

Health hazards. Any facility shall be operated in such a manner to prevent the attraction, harborage or breeding of insects, rodents or vectors.

Attendant. At least two employees shall be present during all times of operation.

Gates. Secure gates, fences, earth mounds and/or dense vegetation shall prevent unauthorized access.

Emergency access and services. The operator of the use shall cooperate fully with local emergency services. This should include allowing practice exercises on the site and the provision of all information needed by the emergency services to determine potential hazards. Adequate means of emergency access shall be provided. Fire extinguishers, air packs for employee use and an adequate water supply shall be supplied on-site. Employees shall be trained in basic firefighting methods. An emergency communications system shall be provided on-site, together with appropriately located telephones available to contact local emergency services.

Under authority granted to the Borough under Act 101 of 1988,[2] the hours of operation shall be limited to between 8:00 a.m. and 7:00 p.m. The use shall not operate Sundays, Christmas Day, Thanksgiving Day, New Year's Day, Memorial Day, Labor Day or the 4th of July.

Tires. See "Outdoor storage and display" in § 210-403.

Litter. The operator shall regularly police the area of the facility and surrounding streets to collect litter that may escape from the facility or trucks. All open waste trucks entering and exiting the site shall be covered.

Dangerous materials. No radioactive, hazardous, chemotherapeutic or infectious materials may be stored, processed, disposed or incinerated. "Infectious materials" are defined as medical wastes used or created in the treatment of persons or animals with seriously contagious diseases.

Staging. No total area(s) larger than 50 acres shall be used as a disposal area for a sanitary landfill in any calendar year.

The applicant shall provide sufficient information for the Borough to determine that the requirements of this subsection will be met.

State requirements. Nothing in this subsection is intended to supersede any state requirements. It is the intent of this subsection that when similar issues are regulated by both the Borough and state, that the stricter requirement shall apply for each aspect, unless it is determined that an individual state regulation preempts Borough regulation in a particular aspect.

A tire-cleaning area shall be provided on access roads from a landfill.

The operator shall enter into an agreement with the Borough, specifying the types and frequencies of environmental monitoring that will be put into place while a solid-waste-to-energy or sanitary landfill is underway and for a minimum of three years after any landfill is closed. For a landfill, such testing shall include at a minimum groundwater monitoring wells. For an incineration use, such testing shall at a minimum include air pollution monitoring.

A leachate treatment system may be an accessory use to a landfill, and a recycling collection center or a bulk recycling center are permitted in combination with any permitted solid waste disposal facility.

For any transfer facility or waste-to-energy facility, all loading and unloading of solid waste shall only occur within an enclosed building, and over an impervious surface drain to a holding tank that is then adequately treated.

For each acre upon which active landfill operations begin, a $10,000 bond payable to the Borough of Schuylkill Haven shall be posted by the operator to ensure appropriate restoration of the site and adequate monitoring after the use is ended. Such bond shall be in a form acceptable to the Borough Solicitor. Such bond shall be in effect for a minimum of 10 years after the operations cease.

The operator shall keep written records of the origin of all solid waste, and of the type of any waste accepted other than municipal waste.

Under the authority of State Act 101 of 1988,[3] the Borough Council may appoint one or more landfill inspectors. Such inspector shall have authority to visit the site, to monitor operations and the review records regarding the origin and types of waste.

See Act 101 of 1988, which provides municipalities the authority to charge host fees.

The Borough Council may establish certain minimum insurance requirements for the applicant as a condition of Borough approval. Such insurance shall at a minimum include a $10 million liability policy regarding environmental hazards.

The water surface shall be set back at least 25 feet from any lot line.

Minimum lot area: one acre.

Any water surface within 100 feet of an existing dwelling shall be separated from the dwelling by evergreen screening meeting the requirements of § 210-803.

The water surface shall be surrounded by a secure, well-maintained fence at least six feet in height.

Drainage. A proper method shall be provided for drainage of the water from the pool that will not overload or flood any on-lot septic system or portion of a building or property not owned by the owner of the pool. A pool shall not be located so as to interfere with the operation of a well or on-lot septic system.

Water service. Any inlet from a central water system shall be above the overflow level of the pool.

Nuisances. A pool shall not include illumination of adjacent residential properties beyond what is customary in a residential neighborhood. A pool shall also not include the playing of a radio or recorded music at a volume louder than is necessary for the convenient hearing of persons at the pool.

All target ranges shall have a barrier behind the target area which is of sufficient height and thickness to adequately protect the public safety. This barrier shall be made of earth for an outdoor firearms range.

The Borough Council may require that an outdoor firearms target range comply with applicable National Rifle Association standards.

An outdoor firearms target range shall be located a minimum of 500 feet from the lot line of any existing residential use or undeveloped residentially zoned land, unless the use is within a completely enclosed sound-resistant building.

An outdoor firearms target range shall be fenced and be property posted.

The applicant shall show that the noise limits of Article V will be met.

An indoor firearms target range shall be adequately ventilated to allow the building to remain completely enclosed.

Maximum number of dwelling units within any building or within attached buildings: eight.

The permitted number of dwelling units may be placed at any appropriate locations within the tract, provided that all other requirements of this chapter are met and provided that no single net acre of land includes more than 15 dwelling units, once street rights-of-ways and common open spaces are deleted.

Areas of land that are capable of additional development shall not be used towards calculating the allowable density unless those lands are deed-restricted against further development.

Buffer yard. A twenty-foot-wide buffer yard with screening shall be provided by the developer of the townhouses, as described in § 210-803D, between any townhouse principal building and:

Floor area: See § 210-801.

Building setback and separation. The following minimum setbacks shall apply for townhouse buildings, whichever is most restrictive:

Separation. Each principal building shall be separated by a minimum of 20 feet from any other principal building.

To avoid incompatible structures in a higher density environment, townhouse developers are strongly encouraged to establish deed restrictions or homeowner association regulations controlling the general types and materials of attached decks, fences and accessory structures that may be added or constructed in the future.

Minimum width of townhouses. Each townhouse dwelling unit shall have a minimum width of 18 feet, except the minimum width shall be 24 feet for any townhouse that:

Additional requirements. For construction of private streets, see § 210-801, Frontage onto improved streets; number of uses or buildings; minimum size of dwellings. For preservation of natural buffers, see § 210-803D. For dumpster screening, see § 210-512.[4]

Paved area setback. All off-street parking spaces, except spaces on driveways immediately in front of carport or garage entrance, shall be set back a minimum of 20 feet from any dwelling.

To avoid garages from being an overly prominent part of the view of townhouses from streets, landscaped parking courts or garages/carports at the rear of dwellings are encouraged.

Access. Vehicular access points onto all arterial and collector streets shall be minimized to the lowest reasonable number. No townhouse dwelling within a tract of five or more dwelling units shall have its own driveway entering onto an arterial street.

Common open space.

Condominiums. The division of land into individual lots is not required, but instead, condominium ownership may be used.

The applicant shall provide a written description of all types of residents the use is intended to include over the life of the permit. Any future additions or modifications to this list shall require approval of the Borough Council as a conditional use.

The applicant shall prove to the satisfaction of the Borough Council that such use will involve adequate supervision and security measures to protect public safety.

The Borough Council may place conditions on the use as necessary to protect public safety, including conditions on the types of residents and security measures.

Any portion of the conduct of business shall be located so that no vehicular entrance or exit shall be closer than 200 feet to an entrance or exit of any elementary or secondary or vocational school, playground, church, or public library.

A minimum lot area of at least 10,000 square feet shall be required, unless a larger lot area is required by the applicable district.

Any structure in which animals are treated or housed shall be a minimum of 100 feet from any residentially zoned, undeveloped lot or any lot line of a primarily residential use. Buildings shall be adequately soundproofed so that sounds generated within the buildings cannot routinely be perceived within any adjacent dwellings.

Outdoor animal runs may be provided for small animals for use between 8:00 a.m. and 8:00 p.m., provided the runs are at least 150 feet from any existing dwelling and provided that the runs for dogs are separated from each other by visual barriers a minimum of four feet in height, to minimize dog barking.

A commercial kennel shall only be an accessory and not a principal use, unless a kennel is permitted in that district and the applicable requirements are met.

See off-street loading requirements in § 210-604.

No storage of garbage (other than is routinely produced on-site and awaiting regular collection) shall be permitted.

See requirements in § 210-403 for outdoor storage or display.

Maximum height. One and one-half stories, not to exceed 15 feet.

Distance from side lot line. For those lots 22 feet wide and less, a side yard shall not be required. Lots greater than 22 feet, but 30 feet or less: One side yard shall be required. Lots greater than 30 feet: Two side yards shall be required. Where a side yard is required or provided, it shall be a minimum of three feet from the side lot line. In those instances where a side yard setback is not provided, a two-hour-rated fire wall shall be constructed on the side lot line side of the structure abutting the neighboring property.

Distance from rear lot line. Not less than four feet from the rear lot line.

Distance from principal structure. Not less than 10 feet from a principal structure.

An existing single-family detached dwelling shall maintain the appearance of a single-family detached dwelling from the street with a single front entrance. Additional entrances may be placed on the side or rear of the structure, or the dwellings may internally share the single front entrance.

The principal dwelling unit shall include a minimum of 600 square feet of floor area.

A maximum of two total dwelling units are permitted.

The accessory dwelling unit shall be inhabited by a minimum of one of the following:

The dwelling unit should be designed and installed in such a way that it can easily be reconverted into part of the principal dwelling unit (or in the case of an accessory building, revert to a nonresidential use) after the permitted occupants no longer live within it. Once the accessory dwelling is no longer occupied by a permitted occupant, the dwelling shall be reconverted into part of the principal dwelling unit, be removed or be converted to storage or another permitted use.

If the accessory dwelling is within the same building as the principal dwelling, the two dwelling units shall have at least one interconnecting inside door.

The dwelling shall be within a principal or accessory building that existed at the time of adoption of this chapter, or within an addition to such a building.

On a lot of less than three acres, composting shall be limited to the composting of biodegradable vegetative material, including grass clippings, trees, shrubs, leaves and vegetable waste, and shall not include animal wastes or fats.

Composting shall only be conducted in ways that fire, rodent or disease-carrying insect hazards or noxious odors are not created.

Composting of manure shall be set back a minimum of 150 feet from any dwelling on an adjacent lot, and be located and graded to prevent manure from being washed into a creek, lake, or river by stormwater.

See the guidelines of the Pennsylvania State University Cooperative Extension Service concerning manure management.

Compost shall be kept free of other garbage.

The following regulations shall apply:

The following shall be the maximum number of children under age 15 that may be cared for in any dwelling unit, in addition to children who are not related (see definition in Article II) to a permanent resident of the dwelling:

The dwelling shall retain a residential appearance with no change to the exterior of the dwelling to accommodate the use, other than cosmetic and any needed safety improvements.

Any day-care center involving seven or more children shall be considered a principal use and meet the standards of § 210-402 for such use, if permitted.

The use shall be actively operated by a permanent resident of the dwelling.

The building shall have smoke detectors and at least one ABC fire extinguisher.

A minimum of 200 square feet of safe exterior play area shall be available, which preferably should be fenced.

Fences and walls are permitted by right in all districts. Any fence or wall shall be durably constructed and well-maintained. Fences that have deteriorated shall be replaced or removed.

Sight distance, stormwater and easements. No fence, wall or hedge shall obstruct the sight distance requirements of § 210-803C. No fence or wall shall obstruct the flow of stormwater, except as part of a Borough-approved stormwater system.

Fences.

Walls.

See definition in Article II. A garage sale shall not include sale of new merchandise (other than custom crafts).

Garage sales shall be limited to a maximum of four total days in any two consecutive months.

A home occupation shall be conducted completely indoors and may be within a principal or accessory building. The total amount of floor area of all buildings used for a home occupation shall not be greater than 20% of the total floor area of the principal dwelling unit.

There shall be no outdoor operations or outdoor storage of materials, products or equipment.

Signs and displays. There shall be no use of show windows, business display or advertising visible from outside the premises, except for one nonilluminated sign with a maximum sign area of 1 1/2 square feet on each of two sides and a maximum height of eight feet (see § 210-703).

Truck traffic. The use shall not require the parking of, storage of or regular servicing by a vehicle with an aggregate gross vehicle weight of more than 12,000 pounds, except for one vehicle used by a resident whose primary occupation is as an over-the-road driver of such vehicle; or trucks clearly serving a permitted agricultural use.

Uses permitted as a home occupation include but are not limited to art studio, office, custom sewing, tax preparation or musical instruction.

The following uses shall not be permitted as a home occupation: veterinarian office on a lot of less than three acres, stable, kennel, funeral home, industrial uses (other than custom crafts and sewing), wholesale or retail sales on the premises (except as accessory to custom crafts and except for sales over the phone or through the mail), restaurant, outdoor repairs of motor vehicles (other than farm equipment) or trucking company terminal, machinery repair or manufacturing.

Nuisances. No machinery or equipment shall be permitted that produces noise, noxious odor, vibration, glare, electrical interference or radio or electromagnetic interference beyond the boundary of the property. Only general types and sizes of machinery that are typically found in dwellings for hobby, domestic or sewing purposes shall be permitted. No use shall generate noise or glare in excess of what is typical in a residential neighborhood.

The use shall also comply with all environmental and nuisance control regulations of this chapter, including Article V.

Parking and loading. The lot shall include sufficient parking for the maximum number of vehicles on-site at one time, plus parking for the dwelling unit. A defined driveway shall be provided and shall be shown on the site plan. The applicant shall prove that the driveway provides for safe sight distance.

Building appearance. The exterior of a previously residential building and the lot shall not be changed in such a way as to decrease its residential appearance, except for permitted parking spaces and the permitted sign.

Hours. A home occupation shall not be conducted in a way that is perceptible from beyond the lot line between the hours of 9:00 p.m. and 7:00 a.m. This time limit shall also apply to any loading or unloading of vehicles on the property or on a street that causes noise to adjoining residents.

Hazardous substances. The use shall not involve the storage or use of hazardous, flammable or explosive substances, other than types and amounts commonly found in a dwelling.

Advertising. The address of the home occupation shall not be advertised in such a way that would encourage customers or salespersons to come to the property without an appointment.

Number of employees. A total maximum number of one person who is not a permanent resident of the dwelling may work on the premises at one time, except for a use that only involves clerical, administrative or office-type activities the above maximum of one person may be increased to three persons, provided that the applicant proves to the Borough Council that the use will not cause adverse impacts upon neighbors, such as high amounts of traffic.

Instruction. Any instruction or tutoring shall be limited to a maximum of four students on the property at any one time.

An applicant for conditional use approval shall deliver or mail to all owners of record of adjacent dwellings a photocopy of the zoning application and a statement of the date, time and place of the meeting at which the application is intended to be reviewed by the Borough Council. The information shall be mailed or delivered a minimum of seven days before the meeting.

A permit shall be required for any home occupation. In most cases, § 210-306 also requires conditional use approval for a home occupation. If the type of a home occupation changes, a new approval shall be needed.

No new buildings shall be constructed to accommodate a home occupation.

Driveway entrances for a home occupation shall have a maximum width of 10 feet, unless a wider width is required by PennDOT or the Borough. The applicant shall prove that any driveway for a general home occupation will meet the PennDOT minimum sight distance requirements that would apply as if a new driveway would be proposed onto a state road. The sight distance shall consider where parking would be possible.

If a home occupation is also regulated as a principal use, and if any additional standards apply to such principal use in § 210-402, then the home occupation business shall also be required to meet those standards in § 210-402.

Location. Outdoor storage or display shall not occupy any part of any of the following: the existing street right-of-way, sidewalk or other area intended or designed for pedestrian use, required parking area or required setback (see § 210-603).

No storage or display shall occur on areas with a slope in excess of 25% or within the 100-year floodway.

Screening. See § 210-803D, Buffer yards.

Tires. If more than 250 tires are stored on a lot, each stack shall be a maximum of 20 feet high and cover a maximum of 400 square feet. Each stack shall be separated from other stacks by a minimum of 75 feet.

This use shall not include a use meeting the definition of a kennel.

No use shall involve the keeping of animals or fowl in such a manner or of such types of animals that it creates a serious nuisance (including noise or odor), a health hazard or a public safety hazard. The owner of the animals shall be responsible for collecting and properly disposing of all fecal matter from pets. No dangerous animals shall be kept outdoors in a residential district, except within a secure, completely enclosed cage or fenced area of sufficient height or on a leash under full control of the owner.

For carrier pigeons, see the State Carrier Pigeon Law.[2]

The noncommercial keeping of horses is permitted on a lot of two acres or more. Any horse barn, corral, fenced-in area or stable shall be a minimum of 50 feet from any abutting lot line (other than a street right-of-way) and 150 feet from any existing dwelling other than that of the owner of the horses. Any commercial keeping of horses shall be considered a stable or a farm-related business.

Proper soil erosion control measures shall be used as needed.

The following regulations shall only apply within a residential district for a satellite antennas that is visible from a street or an adjacent lot line:

Earth tones are strongly encouraged.

The pool shall not involve any commercial use.

Enclosure around in-ground pools. An new or existing in-ground pool shall be completely surrounded by a secure fence, wall, portion of a building and/or similar enclosure not less than six feet in height nor more than eight feet in height. This enclosure shall be constructed to make it very difficult for small children to climb up or slip through the enclosure. All gates or door openings through such enclosure (other than a door to a building) shall be self-closing and include a self-latching device on the pool side for keeping the gate or door securely closed times when not in use.

Enclosure around aboveground pool. Any existing or new aboveground pool shall include a secure fence, wall or other enclosure a minimum of four feet high above the surrounding average ground level. This enclosure may include the walls of the pool itself. Such pools shall be equipped with an access ladder that can be raised and locked in a position so that it is a minimum of four feet above the surrounding ground level or otherwise completely inaccessible to children when the pool is unattended.

Location. A pool and any deck or shelter that is elevated above the average surrounding ground level may be located within the required rear or side yards for the district in which the pool is located, except that no portion of the pool shall be located closer than two feet or 10% of the lot width, whichever is greater, to the side property line and 10 feet from the rear property line. Patios around pools that are level with the average surrounding ground level are not required to meet setbacks. A pool is not permitted within a required front yard.

Drainage. A proper method shall be provided for drainage of the water from the pool that will not overload or flood any on-lot septic system or portion of a building or property not owned by the owner of the pool. A pool shall not be located so as to interfere with the operation of a well or on-lot septic system.

Permits. Permits shall be required for all pools of a permanent or semipermanent nature which require construction or assembly and which may be designed to hold water to a depth greater than 12 inches.