No landowner, tenant or lessee shall use or allow to be used land or structures in a way that seriously threatens to or creates any of the following conditions:

It is the responsibility of every property owner to ensure that their property does not threaten public health or safety, and to remove or alter any structure or situation that threatens the public health and safety. This includes, but is not limited to, structurally unsound structures, including those damaged by fire. The Borough does not accept responsibility to identify or address all such hazards.

If the Zoning Officer, based upon review by the Borough Engineer or the County Conservation District or DEP or the Fish and Wildlife Service or the Army Corps of Engineers, has reason to believe that a portion of a site proposed to be altered may possibly meet the state or federal definitions of a "wetland," the Zoning Officer may require the applicant to provide a study by a qualified professional delineating the locations of wetlands. However, the Borough accepts no responsibility to identify all wetlands or to warn all parties of such possibilities.

All permits of the Borough are issued on the condition that the applicant comply with federal and state wetlands regulations, and such permits may be revoked or suspended by the Zoning Officer for noncompliance with the regulations.

Purpose. To protect the water quality of surface waters, preserve physical access to surface waters in case of future public acquisition, minimize erosion and sedimentation, preserve the natural stormwater drainage system of the area, conserve sensitive wildlife and aquatic habitats, preserve vegetation along waterways that will help screen out eroded soil and other pollutants and provide for setbacks that can be used as required yard areas for a use.

Setbacks from creeks. No new principal building or new off-street parking for more than two vehicles or new commercial or industrial storage area shall be located within 75 feet of the center of the waterway of the Schuylkill River. See the Borough floodplain map in case such map regulates a wider area.

Exceptions. The setbacks of this section shall not apply to public utility facilities, publicly owned recreational facilities, expansions of existing buildings or the placement of accessory structures.

Setback areas and construction. During any filling, grading or construction activity, all reasonable efforts shall be made to leave the setback areas of this section undisturbed, except at approved waterway crossings.

Applicability. If an area of a lot including slopes of 15% or greater is proposed for construction of buildings, streets or driveways or nonagricultural grading, then the applicant shall submit a steep slope site plan to the Zoning Officer. These submittal requirements may be met by including the required information on subdivision/land development plans.

Plan. A steep slope site plan shall meet the following requirements:

Fifteen percent to 25%. If a proposed principal building and driveway location and any areas within 20 feet of such location on the lot include more than 1,000 square feet with 15% or greater slopes, but do not include more than 1,000 square feet with slopes greater than 25%, the following regulations shall apply, unless more restrictive regulations are stated elsewhere in this chapter:

Greater than 25%. If a proposed principal building location and any areas within 20 feet of such location on the lot include more than 1,000 square feet with slopes greater than 25%, then the Zoning Officer shall not permit the construction of such principal buildings within the proposed location.

Erosion control. See § 210-512.

Grading; man-made slopes. No grading shall occur in such a way that would circumvent the requirements of this chapter, such as prior to submittal for a zoning or building permit or subdivision or land development approval. The steep slope requirements shall apply based on the slope of land at the time of the adoption of this chapter. This section shall not apply to man-made slopes that naturally were not 15% or greater slope.

Driveways. A new driveway shall not be built that would require cutting against contours through an area of 30% or greater natural slope for 75 feet or longer, measured in a straight line.

No substance shall be stored in such a way that it could be washed into the groundwater or surface water, if such substance could seriously contaminate groundwater or surface water or seriously harm aquatic life of a waterway.

If a substance threatens groundwater or surface water contamination, it shall be stored within an impermeable containment. Such storage shall be surrounded if needed by a berm that would drain any spilled substance to an engineered collection area or other method approved, in writing, by the Borough Council or DEP.

All hazardous substances shall be properly labeled and shall be in compliance with the PA Worker and Community Right to Know Act.[1]

All methods of wastewater disposal shall meet requirements of DEP, the Borough Sewer Authority and the Official Borough Sewage Facilities Plan, as amended, as applicable. Uses within 300 feet of a sanitary sewer line connected with a public sewer system shall be required to connect to the line.

Review of on-lot systems. Any septic system is required to be reviewed by the Sewage Enforcement Officer (SEO) for adequacy if a change of use or expansion of use would cause a significant increase in sewage flows, or if there would be an increase in the number of dwelling units. If the SEO determines that a system is malfunctioning or undersized, improvements may be required to the system prior to such change of use or expansion.

Backup system. Any lot using an on-lot septic system that is to be granted final subdivision approval as part of a subdivision after the adoption of this section shall include a second open unpaved land area suitable for an alternate septic system location. Such site shall be found suitable based on soil probes, but not necessarily a perc test, by a state-certified Sewage Enforcement Officer and found, in writing, to meet state setback and slope requirements. The soil probes shall be located a minimum of 15 feet from the boundaries of the proposed primary septic system. A Borough sewage permit is not specifically required at the time of subdivision approval for such backup system.

On-lot systems and lot area. A more restrictive minimum lot area may be established by the SEO based on DEP regulations.

No principal or accessory use, or its operations, shall generate a sound level exceeding the limits established in the table below, when measured at the specified locations:

The maximum permissible sound levels in the above table shall not apply to any of the following:

This restriction shall not apply to odors or dust created by permitted agricultural uses that are using normal farming practices within Act 133 of 1982, as amended, the state "Right to Farm Act"[1] or an official agricultural security area. This odor restriction shall apply to uses that do not follow the farming practices referenced in those state laws, such as if manure is not plowed under within a reasonable period of time.

Streetlighting exempted. This § 210-511 shall not apply to streetlighting that is owned, financed or maintained by the Borough or the state.

Glare. All lights and signs shall be designed and operated to reasonably minimize the amount of light and glare they generate onto residential lots and streets. All light sources, including signs, shall be properly diffused as needed with a translucent or similar cover to prevent exposed bulbs from being directly visible from streets, public sidewalks, dwellings or adjacent lots. All light sources, including signs, shall be shielded around the light source and carefully directed and placed to prevent the lighting from creating a nuisance to reasonable persons in adjacent dwellings and to prevent the lighting from shining into the eyes of passing motorists.

Height of lights. No luminaire, spotlight or other light source that is within 200 feet of a dwelling shall have a height exceeding 25 feet above the average surrounding ground level. This limitation shall not apply to lights needed for air safety nor lights intended solely to illuminate an architectural feature of a building.

Flickering. Flashing, flickering or strobe lighting are prohibited, except for nonadvertising seasonal lights between October 25 and January 10.

Grading and erosion plans. In advance of any earth disturbance (including grading, filling and excavation), other than crop farming, an appropriate sedimentation and erosion control and grading plans shall be submitted to the Zoning Officer if such work:

Erosion. Earthmoving activities and the stripping of vegetation shall be held to a reasonable minimum to avoid erosion. All Borough permits are granted on the condition that state erosion and sedimentation regulations and any submitted erosion and sedimentation plan are complied with. Failure to comply with such regulations or plan shall be cause for suspension of Borough permits.

Drainage. The ground adjacent to a building shall be graded so that surface water will be drained away from such building and away from on-lot septic fields. Adequate stormwater control shall be used to protect buildings on the subject lot and all adjoining property. This shall include, but not be limited to, measures to prevent high-velocity, concentrated runoff from damaging other property and causing erosion.

Grading shall not be completed in such a way that soils, rocks or other debris are left in an unsightly fashion nor in a fashion that interferes with drainage, streets or utilities.

Fill. Materials used for fill as a future base for construction shall be nonbiodegradable, well-compacted and provide a suitable and secure base.

Dumping. Outdoor dumping of junk or solid waste in other than an approved solid waste disposal facility, composting facility or junkyard is prohibited.

Stripping of topsoil. Sufficient topsoil to grow grass and similar vegetation shall remain on all land, except for areas approved to be paved.[1]