Parking areas and walkways may be illuminated by luminaries so hooded or shielded that the maximum angle of the cone of direct illumination shall be 60° drawn perpendicular to the ground. Such luminaries shall be placed not more than 16 feet above the ground level, and the maximum illumination at ground level shall not be in excess of three footcandles at 30 feet, horizontally measured, from the light source.

A luminary less than four feet above the ground may have a cone angle of 90°.

Acetone.

Ammonia.

Benzene.

Calcium carbide.

Carbon disulfide.

Celluloid.

Chlorine.

Hydrochloric acid.

Hydrocyanic acid.

Magnesium.

Nitric acid and oxides of nitrogen.

Petroleum products (gasoline, fuel oil, etc.).

Phosphorus.

Potassium.

Sodium.

Sulfur and sulfur products.

Pesticides (including insecticides, fungicides and rodenticides).

Radioactive substances, insofar as such substances are not otherwise regulated.

Chemicals such as heating oil or propane, which may be required for the normal heating and cooling of a building, and fire-suppression chemicals.

Printing supplies, photographic developing chemicals, janitorial chemicals and lawn and agricultural fertilizers in a quantity not to exceed 40 cubic feet.

Aboveground tanks for storage of fuel oil for use by the property owner for: farm-related equipment; trucks or automobiles; emergency equipment; and/or recreational equipment or vehicles.

All projects which have an estimated average daily traffic (ADT) exceeding 1,000 vehicles per day shall be required to submit a traffic impact study prepared by a competent authority. The requirements for such a study are set forth below.

Identification of all major roads and intersections serving and substantially impacted by the project.

An analysis of how the proposed project users or residents will use these major roads.

Existing traffic conditions (without the proposed project), including traffic volumes (ADT) and peak hour volumes on the identified major roads, based on Pennsylvania Department of Transportation (PennDOT) information, surveys and trip generation rates. (In addition, commercial projects shall provide weekend traffic volume data at peak hours.)

Projected traffic conditions (without the project) based on trends in growth of traffic for ADT and peak hour volumes. (In addition, commercial projects shall provide weekend traffic volume data at peak hours.)

Estimates of traffic volumes (ADT), weekday peak hour volumes and weekend peak hour volumes after development of all stages of the project.

Highway and intersection traffic capacities and levels of service for Subsection G(1)(c), (d) and (e) above, as defined by the Highway Capacity Manual, must be calculated.

Identification of existing and projected traffic problems on roads serving the project or substantially impacted by the project, including highway capacity deficiencies for the various roads and intersections involved.

Analysis of parking requirements and needs and the extent to which these needs are met by the project.

Solutions proposed by the developer to alleviate the identified problems and deficiencies and the proposed cost of these improvements.

Evaluation of impact of project on adjoining residential neighborhood areas.

Identification and analysis of high-accident areas located in proximity to the project, as identified by the Borough, and the effect which the proposed project will have on the high accident areas and locations.

The competent authority responsible for preparing the major traffic impact study shall certify to the following:

The floodplain area shall be those areas expected to be subject to the one-hundred-year flood, as shown on the Flood Insurance Rate Map (FIRM) which accompanies the Flood Insurance Study (FIS) prepared for the Borough by the Federal Emergency Management Agency (FEMA), dated February 20, 1987, or the most recent official federal revision thereof. Such mapping and study shall be known as the "Federal Floodplain Map." The referenced FIS is declared to be part of this chapter and shall be kept at the Wilson Borough offices.

No development shall be undertaken, no structure or land shall hereafter be used; no structure shall be located, relocated, constructed, reconstructed, enlarged or structurally altered; and no area shall be developed, graded, filled or excavated in any flood hazard district except in full compliance with the terms and provisions of this chapter and any other applicable ordinances and regulations.

Failure to comply with the provisions of this section is a violation of this chapter, and the Borough may proceed with court action and/or issue a declaration of violation, under Section 1316 of the National Flood Insurance Act of 1968, to the Federal Emergency Management Agency to deny flood insurance on the property in violation. The effects of having a Section 1316 violation are nonavailability of flood insurance for any buildings, possible reduction of market value, risk of damage without compensation, possible mortgage foreclosure, and denial of disaster assistance for repair of structural damage.

Warning and disclaimer of liability.

No encroachment, land development, improvement or reconstruction of any kind shall be made to any watercourse until all adjacent municipalities which may be affected by such action have been notified by the Borough, and until all required permits or approvals have been first obtained from the Department of Environmental Protection Regional Office. In addition, the Federal Emergency Management Agency and the Pennsylvania Department of Community and Economic Development (DCED) shall be notified prior to any alteration or relocation of any watercourse.

Any new construction, uses, activities or land development occurring within the floodplain shall be undertaken only in strict compliance with the provisions of this article and with all other applicable codes, ordinances and regulations, including the UCC, as amended, and Chapter 153, Subdivision and Land Development.

Under no circumstances shall any new construction, uses, activity and/or land development adversely affect the capacity of the channels or floodways of any watercourse, drainage ditch or any other drainage facility or system.

Any new construction and/or land development, with the exception of redevelopment projects, that would cause any increase in the base flood elevation shall be prohibited.

New construction, development or redevelopment in the floodway area is prohibited.

The floodway area (FW): the areas identified as "floodway" in the AE Zone in the Flood insurance Study prepared by FEMA. The term shall also include floodway areas which have been identified in other available studies or sources of information for those floodplain areas where no floodway has been identified in the Flood Insurance Study. Such studies, analyses, computations, etc., shall be submitted in sufficient detail to allow a through technical review by the Borough.

The flood-fringe area (FF): the portion of the AE Zone not included in the floodway. The basis for the outermost boundary of this area shall be the base flood elevations shown in the flood profiles contained in the Flood Insurance Study.

The general floodplain area (FA): the areas identified as A Zone in the Flood Insurance Study for which no base flood elevations have been provided or areas subject to flooding defined by one of the following methods:

An initial determination shall be made by the Zoning Officer should a dispute concerning any floodplain boundary arise. Any party aggrieved by this decision may appeal to the Zoning Hearing Board under the provisions of this chapter. The burden of proof is on the appellant.

The delineation of the floodplain area may be revised by the Borough where natural or man-made changes have occurred and/or where more detailed studies have been conducted or undertaken by FEMA, United States Army Corps of Engineers or other qualified agency, or an individual. However, prior to any such change, approval must be obtained from FEMA.

Agriculture, horticulture, and forestry that:

Public and private recreational uses and activities, limited to parks, day camps, picnic grounds, boat launching and swimming areas, hiking and horseback riding trails, wildlife and nature preserves, game farms, fish hatcheries, and hunting and fishing areas;

Accessory uses, including yard areas, gardens, play areas and parking areas, provided that no structures are erected, and no impervious surfaces are created;

Redevelopment projects that:

The repair or expansion of riparian buffers;

Floodproofing to protect only lawfully existing nonconforming structures and lawfully existing nonconforming uses within structures;

Fences and temporary protective fencing that do not impede floodwaters;

Dams, culverts, bridges, and altered or relocated watercourses with permits and/or approvals from the PA Department of Environmental Protection, PA Public Utility Commission, and/or United States Army Corps of Engineers. Furthermore, notification of such actions shall be provided to all affected adjoining municipalities, FEMA and the Pennsylvania DCED;

Public utility facilities under the exclusive jurisdiction of the Pennsylvania Public Utility Commission.

All uses prohibited in the zoning district;

New construction, development or redevelopment in the FW area;

All structures, with the exception of those specifically allowed in § 170-86A(4);

The production, storage, or use of any amount of radioactive substances;

The production, storage or use of a substance or material, underground or aboveground, that is buoyant, flammable, explosive, or injurious to property, water quality or human, animal, plant, fish or aquatic life, including but not limited to the following:

The production, storage or use of explosives;

The storage or disposal of materials used for snow and ice control, including sand, salt and other deicing chemicals;

Sanitary landfills, dumps, junk and salvage yards, and outdoor storage of vehicles and/or materials;

The storage or disposal of any soil, loam, peat, sand, gravel, rock, or other mineral substance, refuse, trash, rubbish, debris, or dredged/excavated spoil;

Draining, excavation, or dredging, or removal or relocation of loam, peat, sand, gravel, soil, rock, or other mineral substance, except as accessory to work permitted as of right or by special permit;

Manure storage facilities and manure stockpiles;

Improvements to existing manufactured home parks and subdivisions;

Sewage disposal facilities.

No improvement or reconstruction of an existing structure shall be allowed within any FW area as identified by the Flood Insurance Study prepared by FEMA or other available studies or sources of information found acceptable by the Borough and approved by FEMA.

No improvement of an existing structure shall be allowed within any FF or FA area that would, together with all other existing and anticipated development, increase the base flood elevation more than one foot at any point.

The improvement or reconstruction of existing structures that store materials that are buoyant, flammable, explosive, or injurious to property, water quality or human, animal, plant, fish or aquatic life shall be prohibited in floodplains.

Existing structures in the FF and FA areas are defined and regulated as follows:

The cost of improvements or reconstruction commenced since the adoption of this chapter must be calculated at today's current cost.

It is the responsibility of the applicant to supply the information necessary (e.g., appraisals, construction costs, estimates, etc., to make the determination that the market value is reasonably accurate and that the cost estimate reasonably reflects the actual costs of the improvements to the structure.

Acceptable estimates of market value shall be determined from one of the following methods: independent appraisals by a state licensed real estate appraiser; or the value of the building taken from NFIP claims data.

Building and zoning permits shall be required for all proposed development, construction, reconstruction, placement, improvement of uses or structures, regardless of value and activities such as mining, dredging, grading, logging, paving, excavation or drilling operations.

The requirements of the UCC and ICC, as amended, shall apply to this section.

General. If compliance with any of the requirements of this chapter would result in an exceptional hardship for a prospective builder, developer or landowner, the Zoning Hearing Board may, upon request, grant relief from the strict application of the requirements.

Variance procedures and requirements. Requests for variances shall be considered by the Board in accordance with this chapter and with the following:

Review factors. In reviewing applications for a variance, the Board shall consider all relevant factors and procedures specified in other articles of this chapter and:

Supplemental technical review. The Board may refer any application and accompanying documentation pertaining to any request for a variance to any engineer or other qualified person or agency for technical assistance and/or all hydrologic and hydraulic analysis.

All permits of Wilson Borough are issued with the condition that federal and state wetlands regulations be complied with.

Where the Zoning Officer or Borough Engineer determine that there is evidence that there may be indicators of a wetland on a proposed development site, the Zoning Officer may suspend, withdraw or delay Borough zoning permits until the applicant provides evidence from a qualified professional that such site does not contain wetlands or that such action will comply with applicable federal and state permit requirements.

If a proposed development site does not include any wetlands based upon established indicators and federal and state regulations, then the applicant shall provide a written statement to such effect.

Those areas of lands defined as wetlands in either the United States Army Corps of Engineers Technical Report Y87-1, Corps of Engineers Wetlands Delineation Manual; or the United States Environmental Protection Agency Wetlands Identification Delineation Manual, Volume I, Rational, Wetland Parameters, and Overview of Jurisdictional Approach, Volume II, Field Methodology, as most recently updated or modified; or the Pennsylvania Department of Environmental Resources Wetlands Identification and Delineation, Chapter 105, Dam Safety and Waterways Management Rules and Regulations, as most recently updated or modified. Where a difference between the foregoing criteria exist, the most restrictive criteria will be used in any particular case. For the purposes of this definition and for its application to this chapter, "most restrictive criteria" shall mean the criteria which causes the preservation of the most extensive area of wetlands.

If any building, structure, use, subdivision, land development or grading is proposed to occur within any lands believed to be any type of wetland, the applicant shall clearly state such information on any permit, subdivision or land development application and site plan submitted to the Borough, and shall notify, in writing, the appropriate district offices of the United States Army Corps of Engineers and the PA Department of Environmental Protection.

The following activities shall not occur within any area shown as wetlands, which may be amended by resolution, unless a determination has been made by a qualified person trained in wetlands determination that such area is not a wetland:

All determinations of wetlands shall be subject to acceptance by the appropriate state or federal officials.

The applicant shall be responsible for all costs and work involved in determining any wetland and in seeking any federal or state review or approvals.

For sites where riparian buffer vegetation does not exist, it is acceptable to allow the buffer to succeed naturally through a no-mow area where native vegetation is able to establish itself naturally.

The riparian buffer shall be:

Principal structures and areas of impervious coverage, unless permitted in § 170-86C(2), shall be set back from the outer edge of the riparian buffer a minimum of 25 feet.

It shall be lawful, but not required, to supplement the riparian buffer with planting of native vegetation. Native plants can include herbaceous cover, ferns, shrubs and trees. Native vegetation [as defined in The Plants of Pennsylvania: An Illustrated Manual, (Ann Fowler Rhoads and Timothy A. Block, June 2000, or current version thereof) and The Trees of Pennsylvania: A Complete Reference Guide (Ann Fowler Rhoads and Timothy A. Block, May 2004, or current version thereof)] must be used in such efforts. Any supplemental plantings shall be installed to allow for proper plant growth and maintenance.

Roads, bridges, trails, storm drainage, stormwater management facilities and utilities are permitted within the buffer, provided that an alternative analysis has clearly demonstrated that no other feasible alternative exists and that minimal disturbance will take place.

Stream restoration projects and activities approved by the Borough.

Horticulture practices used to maintain the health of vegetation in the riparian buffer.

Removal of nonnative vegetation or trees in danger of falling, causing damage to dwellings or other structures, or the blockage of a watercourse.

Agricultural uses existing at the time of adoption of this chapter with best management practices.

All structures.

Impervious coverage unless permitted in § 170-86C(2).

Creation of new lawn areas.

Lawn care service.

Planting of nonnative vegetation.

Removal, burning or mowing of native vegetation.

Soil disturbance, inclusive of grading, stripping of topsoil, plowing, cultivating or other practices.

Septic systems.

The production, storage or use of a substance or material, underground or aboveground, that is buoyant, flammable, explosive, or injurious to property, water quality, or human, animal, plant, fish or aquatic life.

The production, storage or use of explosives.

The storage or disposal of materials used for snow and ice control, including sand, salt and other deicing chemicals.

Sanitary landfills, dumps, junk and salvage yards, and outdoor storage of vehicles and/or materials.

The storage or disposal of any soil, loam, peat, sand, gravel, rock, or other mineral substance, refuse, trash, rubbish, debris, or dredged/excavated spoil.

Draining, excavating, or dredging, or removal or relocation of loam, peat, sand, gravel, soil, rock, or other mineral substance, except as accessory to work permitted as of right or by special permit.

Manure storage facilities and manure stockpiles.

The maintenance, housing or grazing of animals.

Location of streams, ponds or other water resources on the property to be developed;

Species, location and size of trees within the riparian buffer setback;

Location of any proposed building or structure; and

Any other information deemed relevant by the ZHB.

A showing of good and sufficient cause.

Whether strict application of this subsection would deny the applicant reasonable use of the property, or whether the article would have severe impact and would render the property unusable or unsuitable for development.

Whether plan modifications or conditions of approval can achieve conservation objectives of this subsection.

That the relief granted is the minimum necessary and does not conflict with any municipal, state or federal regulations.

Guard against property damage and personal injury, and minimize the potential for erosion, slope failure, stream siltation, increased runoff, flooding and contamination of surface waters caused by the adverse effects of site preparation and construction on steep slopes.

Permit land uses by right that are compatible with protection of steep slope areas, and encourage the use of steep slope areas for open space and conservation uses.

Require development to avoid steep slope areas wherever possible, and require all land use, clearing, grading, and construction to satisfy development standards.

Regulate expansion of land use or development that existed on steep slope areas prior to enactment of these requirements.

Protect adjoining properties from harmful consequences of development permitted under these requirements.

Steep slopes are defined as those areas having slopes of 15% or greater.

The boundaries of steep slopes may be supplemented or modified by examination of one or more of the following sources by the Borough whenever a subdivision or land development plan is submitted for review:

The Borough Engineer shall decide whether or not steep slopes have been shown accurately on the applicant's plans. Based on the Borough Engineer's advice, Wilson Borough may require applicants to revise the boundaries shown on the plans.

The burden of proving the correct boundary shall be on the applicant, supported by engineering and/or surveying data or mapping, testimony of a soil scientist, or other acceptable evidence.

These regulations apply to lots where the proposed land disturbing activity is greater than 5,000 square feet.

All uses, activities and development occurring within any steep slope area shall be undertaken only in strict compliance with the provisions of this subsection, with all federal and state laws, and with all other applicable Borough codes and ordinances.

No building lot shall be created unless it contains at least 5,000 square feet of area with slopes less than 25%. If it is infeasible to provide this area in accordance with the setbacks required by the underlying district, the lot area shall be increased as necessary to provide a minimum area equal to 5,000 square feet of area with slopes less than 25%.

Finished slopes of all cuts and fills shall not exceed 33%, unless the applicant can demonstrate that steeper slopes can be stabilized and maintained adequately to the satisfaction of the Borough.

All cuts shall be supported by retaining walls or other appropriate retaining structures when, depending upon the nature of the soil characteristics, such structures are approved by the Municipal Engineer in order to prevent erosion.

Any fill placed on the lot shall be properly stabilized and, when found necessary depending upon existing slopes and soil types, supported by retaining walls or other appropriate structures as approved by the Borough Engineer.

No retaining wall shall exceed the height prescribed in this chapter, and there shall be at least 10 feet between stepped retaining walls. All retaining walls require a certification by a professional engineer that the wall was constructed in accordance with approved plans and applicable building codes.

Any disturbance of steep slopes shall be completed within one construction season, and disturbed areas shall not be left bare and exposed during the winter and spring thaw periods. Permanent vegetative cover shall be planted within three days after completion of grading.

No trees with a diameter at breast height (DBH) of eight inches or more shall be removed from steep slope areas unless in accord with § 170-83A(1) (regulating forestry).

The alignment of roads and driveways shall follow the natural topography, minimize regrading and comply with design standards for maximum grades set forth in the Chapter 153, Subdivision and Land Development.

The maximum grade of a road or driveway shall not exceed 10%.

The degree of steep slope protection sought by the provisions of this subsection is considered reasonable for regulatory purposes. This subsection does not imply that steep slope areas less than 15% or permitted uses within the zoning district will be free from erosion or slope instability. This subsection shall not create liability on the part of Wilson Borough or any officer or employee thereof for any damages that result from reliance on this section or any administrative decision lawfully made hereunder.

Wildlife sanctuary, woodland preserve, arboretum, and passive park and recreation areas.

Forestry and reforestation in accordance with recognized natural resource and soil conservation practices, and as permitted by municipal and state regulations.

Pasture and grazing land in accordance with recognized natural resource and soil conservation practices.

Outdoor plant nursery or orchard in accordance with recognized natural resource and soil conservation practices.

Cultivation and harvesting of crops in accordance with recognized natural resource and soil conservation practices.

Front, side, or rear yards, and required lot area for any underlying zoning district, subject to the requirements of § 170-86F(3), General provisions, herein; and provided such yards shall not be used for any use prohibited under § 170-86F(5), herein.

Nonstructural accessory uses necessary to the operation and maintenance of the above permitted uses.

Removal of topsoil except when related to an approved conditional use.

Solid waste disposal, recycling uses, junkyards, or other outdoor storage uses.

The following uses and activities may be permitted by conditional use, provided that they are in compliance with the provisions of the zoning district and are not prohibited by any other ordinance:

Applications for conditional uses shall provide the following information and documentation:

Wildlife sanctuary, woodland preserve, arboretum, and passive park and recreation areas.

Forestry and reforestation in accordance with recognized natural resource and soil conservation practices, and as permitted by municipal and state regulations.

Pasture and grazing land in accordance with recognized natural resource and soil conservation practices.

Outdoor plant nursery or orchard in accordance with recognized natural resource and soil conservation practices.

Cultivation and harvesting of crops in accordance with recognized natural resource and soil conservation practices.

Front, side, or rear yards, and required lot area for any underlying zoning district, subject to the requirements of § 170-86F(3), General provisions, herein; and provided such yards shall not be used for any use prohibited under § 170-86F(8), herein.

Nonstructural accessory uses necessary to the operation and maintenance of the above permitted uses.

Removal of topsoil.

Solid waste disposal, recycling uses, junkyards, or other outdoor storage uses.

Structures, roads, driveways, parking areas, construction or other development.

Clearing of vegetation or grading, including the addition of fill.

Sealed public water supply wells.

Sanitary or storm sewers and stormwater detention basins.

On-lot sewage disposal systems.

Utility transmission lines and above ground utility line structures.

Extractive uses.

Relationship of the proposed use to the objectives set forth in § 170-86F(1).

Adverse effects on abutting properties.

The need for a woodland management plan on wooded steep slope areas.

Proposed roads, driveways and parking areas are designed so that land clearing and/or grading will not cause accelerated erosion. Both vertical and horizontal alignment for such facilities shall be so designed that hazardous conditions are not created.

Alternative placements on non-steep slope areas were carefully evaluated for structures, including buildings, retaining walls, swimming pools, roads, access driveways, parking facilities and other development, and can be shown to be inappropriate or infeasible to the satisfaction of the Borough.

Proposed on-lot sewage disposal facilities are properly designed and constructed in conformity with applicable regulations.

Proposed nonagricultural displacement of soil is for purposes consistent with the intent of this subsection and will be executed in a manner that will not cause erosion or other unstable conditions. The applicant shall provide an erosion and sediment control plan and supporting evidence.

Surface runoff of water will not create unstable conditions, including erosion, and appropriate stormwater management facilities will be constructed as necessary.

Closed depressions.

Open sinkholes.

Seasonal high-water table indicators.

Outcrops of bedrock.

Surface drainage into ground.

To guide drainage and prevent increase in runoff on and off the site.

To prevent destruction and loss of soils on and off the site from increased runoff.

To prevent siltation of water bodies, watercourses and wet areas on and off the site and subsequent harm to or loss of aquatic plant and animal life.

The owner/applicant shall comply with any stormwater management plan or ordinance which has been adopted by the Borough or county which is applicable to the proposed development.[1]

All developments shall limit stormwater runoff so that no more runoff is generated than that of the site in its current or natural condition. Use of one or more of such techniques as retention ponds, turfed swales, diversion ditches and energy dissipators shall be considered.

The Borough Engineer or Code Enforcement Officer shall require the owner/applicant to provide a stormwater runoff control plan where site conditions warrant the preparation of such a plan. The plan shall be based on adequate topographic surveys, soil investigations and runoff projections. To the maximum extent possible, the following standards shall apply:

The natural drainage patterns on and off site shall be used in their present state to the degree possible and protected from disturbance.

Stormwater runoff shall be directed away from impervious surfaces and toward absorbent ground area.

The plan shall minimize blockage, collapse or washout, street drainage or other hazards associated with drainage and spring runoff conditions.

Connection shall be made to existing stormwater runoff drainage systems, where possible.

Pine, spruce and fir: 15 feet on center.

Arborvitae: five feet on center.

American holly and juniper: 10 feet on center.

Hemlock: 12 feet on center.