Tanks or drums of fuel connected directly with energy devices or heating appliances located and operated on the same lot as the tanks or drums of fuel.

Tanks or drums for storage of less than 300 gallons of fuel oil (other than that used for home heating) or gasoline, provided that such tanks are located no closer than 25 feet to any building or lot line or 50 feet from any street line.

Location. Dumpsters, including screening, shall not be located within front yards or buffer yards. Dumpsters, including screening, adjacent to any residential property shall have a minimum setback of 15 feet from the property line. Dumpsters, including screening, adjacent to any nonresidential property shall have a minimum setback of three feet from the property line. To create a more streamlined appearance and thus enhance the aesthetic qualities of the area, shared use of dumpster enclosures shall be enacted wherever possible. Dumpsters shall not be placed in required parking spaces. Dumpsters shall be located so as to provide clear access to waste removal vehicles, thus enabling refuse pickup without the necessity of moving other vehicles and with a minimum of disruption to the overall circulation on the site. When required by the Building Inspector, an area 10 feet in front of the dumpster shall be a reinforced concrete pad capable of withstanding the weight of the waste removal vehicle. The dumpster and enclosure shall be on an impervious surface and shall not discharge runoff directly into a stream or drainage area. When a separate receptacle is required for recycling it shall, whenever possible, be contained in the same structure as the primary dumpster. Recycling dumpsters are subject to the same requirements as refuse/waste dumpsters.

Screening. The sole purpose of the screening shall be the enclosure of a dumpster(s) and the placement of waste within the dumpster(s).

Conditional Use. Subject to conformance with conditional use regulations of §27-1315:

Temporary Dumpsters. Any dumpster in place for more than 180 days shall be subject to the provisions of this subsection.

Operating, playing or permitting the operation or playing of any radio, television, phonograph, sound amplifier, musical instrument or other such device between the hours of 10:00 p.m. and 10:00 a.m. in such a manner as to create a noise disturbance across a real property line or within a noise-sensitive zone.

Owning, possessing or harboring any animal which frequently or for any continued duration howls, barks or makes any other sound so as to create a noise disturbance across any real property boundary or within a noise-sensitive zone.

Performing any construction operation or operating or permitting the operation of any tools or equipment used in construction, drilling or demolition work between the hours of 6:00 p.m. and 8:00 a.m. or at any time on weekends, if such operation creates a noise disturbance across a real property boundary line or within a noise-sensitive zone. This Section does not apply to domestic power tools or to vehicles which are designed for transportation use on public highways.

Repairing, rebuilding, modifying, testing or operating a motor vehicle, motorcycle, recreational vehicle or powered model vehicle in such a manner as to cause a noise disturbance across a real property or within a noise-sensitive zone. This Section shall not apply to operation on public highways of any vehicle in a normal manner.

Operating or permitting the operation of any mechanically powered saw, drill sander, grinder, lawn or garden tool, snowblower or similar device (used outdoors) between the hours of 9:00 p.m. and 8:00 a.m. so as to cause a noise disturbance across any nonindustrial real property boundary or within a noise-sensitive zone.

The source of the sound violation cannot be controlled so as to be brought into conformance with this Chapter by any reasonable method.

The property in question cannot be used without the source of noise violation or that the source of noise violation is necessary to prevent a taking of the property without compensation.

All reasonable steps have been taken to reduce the noise violation to the lowest level possible.

Fugitive contaminants: as required by §§123.1 and 123.2, Chapter 123, Article III, subpart C, Part 1, Title 25, of the Rules and Regulations of the Pennsylvania Department of Environmental Protection, as revised January 27, 1972, or as may be revised in the future.

Particulate-matter emissions: as required by §§123.11, 123.12 and 123.13, Chapter 123, Article III, subpart C, Part I, Title 25, of the Rules and Regulations of the Pennsylvania Department of Environmental Protection, as revised January 27, 1972, or as may be revised in the future.

Sulfur-compound emissions: as required by §§123.21, 123.22 and 123.23, Chapter 123, Article III, subpart C, Part I, Title 25, of the Rules and Regulations of the Pennsylvania Department of Environmental Protection, as revised January 27, 1972, or as may be revised in the future.

Residential Developments.

Nonresidential developments.

Buffering in Canal Enhancement Area. Within the Canal Enhancement Area, a twenty-foot wide buffer yard and planting screen shall be established along all boundary lines between the Delaware Canal and any commercial use, industrial use, parking facility or detention basin. Screening shall be required in accordance with §27-748 on Class B screening.

Screening Requirements.

Plant Materials.

Steep Slopes. In areas of steep slopes, the following standards shall apply:

Woodlands. Wooded areas shall be subject to the following restrictions when the wooded area is greater than ½ acre and where the largest trees have a girth greater than six inches in caliper measured at a point four feet above ground, or a grove of trees forming one canopy where 10 or more trees measure at least 10 inches in diameter or greater measured four feet above ground.

Streams, Watercourses, Wetlands, Lakes and Ponds. Such areas shall not be altered, regraded, developed, filled, piped, diverted or built upon except that minor road and pipe crossing, outfalls, etc. may be permitted where design approval is obtained from the Borough and the Pennsylvania Department of Environmental Protection and where no other reasonable access is available.

Wetlands Buffer. No more then 20% of such areas shall be altered, regraded, filled or built upon. In addition, no principal building shall be placed within 25 feet of the boundary of a wetlands buffer.

Lake or Pond Shorelines. No more than 20% of such areas shall be altered, regraded, filled or built upon. In addition, no principal building shall be placed within 50 feet of the boundary of the protected shoreline area. This requirement shall not apply to publicly owned recreational facilities.

Watercourse Buffer. No more then 20% of such areas shall be altered, regraded, filled or built upon. For the purposes of preventing groundwater contamination, reducing surface runoff and sedimentation of nearby streams and bodies of water, protecting sensitive wildlife habitats, minimizing disruption to the hydrology of watercourses and preventing damage to dwellings and property as a result of construction on or adjacent to watercourses, watercourse buffers shall be established as follows:

Applicants for zoning permits and/or subdivision and land development approval shall submit the following information:

The following site capacity and open space calculations shall be submitted with all preliminary and final plans for all subdivisions and land development approvals. Applicants are encouraged to submit site capacity and open space calculations with sketch plans. Through these calculations, the net buildable site area, the maximum number of lots or dwelling units, the maximum amount of impervious surfaces and the required open space will be determined for the specific site.

To preserve natural, scenic and historic values in the environment along the Delaware Canal State Park.

To encourage compatible land uses along the Delaware Canal.

Drive-through facilities.

Car wash.

Vehicle service station, vehicle body shop or vehicle repair garage.

Vehicle sales or repair.

Adult entertainment or adult bookstore.

Junkyards.

Solid waste disposal or transfer facilities, including recycling collection centers.

In the portion of the Canal Area where the towpath is paved lying between Brown Street and the point where the pavement ends where the lot frontage is along the canal towpath: New principal buildings shall be set back from the canal at a distance equal to the average setback established by existing buildings within this area so that the established setback is maintained for new principal buildings.

Elsewhere in the Canal Enhancement Area where lot frontage is on public streets and not onto the canal: New principal buildings shall have a minimum setback of 60 feet from the center line of the intended waterway of the Delaware Canal or a setback as required by the rear yard requirements of the zoning district, which setback shall be measured from the property line of the State-owned lands. Whichever measurement results in the greater setback from the canal shall be the applicable setback.

Front Yards. No accessory buildings, structures or pools may be located within the required front yard setback, except for fences.

Rear Yards. In no case shall any accessory or structure or pool be placed within 20 feet of the lot line of the Delaware Canal State Park or within 50 feet of the center line of the intended waterway of the Delaware Canal, whichever results in the larger separation between the canal and the accessory building. Other provisions of this Chapter contained in §27-601, which may require a greater setback for accessory building than is specified in this subsection, shall apply.

No fence or wall shall be permitted within 50 feet of the center line of the intended waterway of the Delaware Canal, except for fences for publicly owned utilities and recreation areas and except for permitted fences enclosing existing swimming pools which meet the requirements of §27-602.2.F of this Chapter.

The screening required by §27-748.A between residential uses and the canal (a nonresidential use) shall not be required abutting the Delaware Canal where the applicant proves to the satisfaction of the Zoning Officer that the use to be screened would not result in an objectionable view or cause nuisances that could be reduced by such fence.

Rebuilding accessory buildings, structures or fences which are destroyed or removed shall be replaced or rebuilt only in accordance with the area and locational requirements of this Section so that the new structures comply with ordinance requirements.

A plan for the control of erosion, sediment and grading is required whenever the topography and vegetation on a property will be disturbed by the establishment of a new or expanded use.

Applications for permits must provide the following:

Grading Standards.

Freestanding Sign. There shall be a maximum of one freestanding sign per lot or per principal use, whichever is more restrictive. The maximum total sign area shall be no more than 12 square feet on each of the two sides for signs within 50 feet of the center line of the intended waterway of the Delaware Canal and no more than 20 square feet on each of two sides elsewhere in the Canal Enhancement Area. Signs may have a maximum height of five feet above the surrounding average ground level for signs within 50 feet of the center line of the canal and may have a maximum height of eight feet above the surrounding average ground level for signs elsewhere in the Canal Enhancement Area.

Freestanding signs on a mobile stand that are not permanently attached to the ground and that could be towed or moved from one location to another are prohibited except where such signs comply with the provisions of temporary signs in §27-1213 of this Chapter.

Off-premises signs are prohibited except for signs specifically erected by an authorized Federal, State, County or Borough entity for a valid public purpose.

Accommodate the need for telecommunications antennas while regulating their location and number in the Borough.

Minimize adverse visual effects of the telecommunications antenna and antenna support structures through proper design, siting and vegetative screening.

Avoid potential damage to adjacent properties from antenna support structure failing and falling ice, through engineering and proper siting of antenna support structures.

Encourage the joint use of any new antenna support structure to reduce the number of such structures needed in the future.

Ensure that the location and number of telecommunications facilities are in the best interest of the health, safety and welfare of the residents of the Borough of Yardley.

Minimize any adverse effects of location and design of telecommunications facilities on residential properties and to preserve the historic character of Yardley Borough.

Cellular telecommunications facilities are permitted in the C-1 Pedestrian-Oriented Commercial District and the I-1 Industrial District by conditional use. Such facilities are not permitted in any other district.

All regulations of the zoning district in which the cellular telecommunications facility is to be located must be met.

Location.

The cellular telecommunications facility shall comply with all provisions of Part 7K, “Natural Resource Protection Standards, Site Capacity Calculations and Open Space Calculations.”

Fencing. A security fence shall completely surround the telecommunications facility. The fence shall be a minimum of six feet in height and a maximum of eight feet in height. It shall completely enclose the antenna, support structure, related equipment and building. The fence shall be vinyl coated so as to blend in with the surrounding environment.

Landscaping.

Tower Safety. The applicant shall attest that the proposed antenna and support structure are safe and the surrounding areas will not be negatively affected by support failure, falling ice or other debris. The applicant shall also attest that electromagnetic fields and radio frequency interference comply with the Federal Communications Commission regulations concerning such emissions. All support structures shall be fitted with anticlimbing devices, as approved by the manufacturers. In addition, in January of each year, the applicant shall provide a letter to the Borough Zoning Officer verifying that there have been no changes in the operating characteristics of the antenna and support structure and that the antenna and support structure comply with all FCC regulations.

The tower shall be designed and constructed to all applicable standards of the American National Standards Institute, ANSI/EIA 222-E Manual, as amended. The tower shall be protected and maintained in accordance with the Yardley Borough building and property maintenance codes.

All plans and drawings for the tower and antenna shall contain a signature and seal of a professional structural engineer registered in Pennsylvania.

A soil report complying with the standards of Appendix I: Geotechnical Investigations, ANSI/EIA 222-E, as amended, shall be submitted to document and verify the design specifications of the tower foundation and guy wires.

Height.

All other uses ancillary to the antenna and associated equipment (including a business office, maintenance depot, vehicle storage, etc.) are prohibited from the telecommunications signals site unless, otherwise permitted in the zoning district in which the telecommunications signals site is located.

The base of the tower (including any guy wires) shall be set back from any property line a distance that is at least equal to the antenna height. The tower shall also be set back from any active recreation facilities or fields, a distance that is at least equal to the antenna height. All guy wires associated with the tower shall be dearly marked so as to be visible at all times and shall be located within the fenced enclosure.

Co-Location. In order to reduce the number of telecommunications facilities in the Borough of Yardley in the future, the proposed support structure shall be required to accommodate at least three other uses, including other cellular/wireless service companies and police, fire and emergency services.

Licenses and Insurance. The applicant shall submit a copy of its current Federal Communications Commission license; name, address and emergency telephone number for the operator of the telecommunications facility; and a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence covering the telecommunications facility, if any, naming Yardley Borough as an additional insured thereon.

The visual impact of the telecommunications facility shall be minimized for residents in the immediate area as well as for those in the larger community who view the facility from a distance. Minimal visual impacts shall include:

No antenna or tower shall be artificially lighted except when required by the FAA.

No portion of any antenna or tower shall be used for a sign or other advertising purpose, including, but not limited to, company name and telephone number. No banners, streamer or any other objects or items not essential to the function or support of the antenna or tower shall be permitted.

Parking. If the telecommunication facility is fully automated, one parking space shall be required. If the site is not fully automated, the number of required parking spaces shall equal the number of people on the largest shift.

If a telecommunications facility becomes obsolete or any portion unused (i.e., no antenna receives or transmits signals) for a period of six consecutive months, the owner or operator shall, at his or her expense, dismantle and remove the antenna, tower or related equipment within four months of the expiration of such six-month period. The telecommunications signals site shall be restored to its former condition. The operator shall provide the Borough with a copy of the notice to the FCC of intent to cease operations. In the case of multiple operators sharing the use of a single tower, this provision shall not become effective until all users cease operations.

Bond. At the time of filing a building permit application for the telecommunications facility, the applicant shall post a bond to cover the cost of maintenance of the facility during its lifetime or the dismantling of the facility if such dismantling is, at any time, necessary.

Site Plan. A full site plan, drawn to scale, is required for all telecommunications facilities, showing the antenna, antenna support structure, guy wires, equipment building, fencing, landscaping, buffering, access, parking, setbacks, property lines, lighting, existing land uses surrounding the site, scaled elevation view, land elevation contours, existing and proposed structures and all other requirements of the zoning district. The submission shall also include a written authorization from the property owner, all specifications and required reports, cross section of the tower and information describing the proposed painting schemes, design and height of the tower and power and emergency systems.

The applicant shall obtain a building permit from the Borough Building Inspector and a conditional use permit from the Borough Council.

To provide an opportunity for the establishment of a bed-and-breakfast/guesthouse in certain areas within the Borough.

To provide rental accommodations for temporary guests such as tourists, people visiting family or friends of nearby residents, persons enrolled in short-term educational courses or professional development courses, and employees on temporary assignment to the area and others.

A bed-and-breakfast/guesthouse use is permitted on properties in the following locations:

The use shall have a residential appearance and character.

The use shall only be permitted within a principal building or a single-family detached residence.

A bed-and-breakfast/guesthouse use shall be subject to the area and design regulations for the principal building or single-family detached residence in accordance with the underlying zone regulations.

Accessible guest rooms and accessible routes and features shall be provided where required by the current adopted building code.

There shall be one full bathroom for every two guest bedrooms. The living quarters for the residents shall have their own bathroom or bathrooms. Bathrooms shall be equipped with a toilet, washbasin and bath and/or a shower.

No exterior alteration of the principal building structure shall be made except as may be necessary for purposes of accessibility and historic rehabilitation or safety.

The bed-and-breakfast/guesthouse use shall meet all applicable housing, building and fire safety codes, and all PA Uniform Construction Code provisions.

Smoke detectors shall be installed in all bedrooms, in the vicinity of bedrooms on each level of the building and including basements. Carbon monoxide detectors shall be installed on each level if there is any fuel fired equipment or an attached garage.

No long-term rental shall be permitted. The maximum uninterrupted length of stay for a guest shall be 14 consecutive nights. The maximum number of cumulative days during a three-month period shall be 30 days.

The use shall be conducted and managed by the owners of the property, who must reside in the bed-and-breakfast/guesthouse establishment. The owners shall provide a sworn statement certifying to such residency as part of the conditional use application and upon request by the Zoning Officer.

Nonresident part-time or full-time employees shall be limited to no more than two in addition to the resident family members, and none shall be present between the hours of 11:00 p.m. and 6:00 a.m. Members of the owner’s immediate family who reside on the premises shall not be considered employees, whether or not paid.

There shall be no separate kitchen facilities, nor shall there be separate cooking facilities, including oven, stove, microwave, hot plate, etc., in any guest room. Food shall only be served to guests who are staying overnight and shall be limited to breakfast and afternoon tea exclusively served to guests in a common dining area. All food service shall comply with Federal, State, and County regulations for the preparation, handling and serving of food.

There shall be no meetings, receptions, and private parties held on the premises in association with the bed-and-breakfast/guesthouse use.

The use of any outdoor amenities provided by the bed-and-breakfast/guesthouse use, such as a tennis court or swimming pool, shall be restricted to guests and permanent resident family members and their occasional invited guests. Buffering such as landscaping and/or fencing may be required by Borough Council for outdoor amenities.

One off-street parking space shall be provided for each guest room and for each nonresident employee in addition to the required off-street parking for the existing principal building. The minimum off-street parking lot setback from an adjoining property line shall be five feet. Off-street parking spaces for a bed-and-breakfast/guesthouse use shall be located in the side or rear of the principal building and not between the structure and the street line except for permitted off-street parking located within a driveway. The Borough Council may require that parking located in the side or rear yard be screened from the street and abutting properties by evergreen landscaping and/or solid wooden fencing at an installed height of six feet. The size and location of proposed parking areas shall not have an adverse impact on adjacent properties or the surrounding neighborhood.

There shall be no use of show windows or any type of display or advertising visible from outside the premises, except for one sign which shall either be wall mounted, projecting or freestanding.

A wall-mounted or projecting sign shall not exceed four square feet in area. A freestanding sign shall not exceed 10 square feet in area. The height of a freestanding sign shall not exceed six feet. A freestanding sign shall be set back at least eight feet from the street line or 12 feet from the curbline, whichever is greater, and shall be set back at least 10 feet from the side property lines. A freestanding sign shall be placed to cause the least visible interference with adjoining residences.

A permitted sign shall contain no information other than identification of the premises as the named bed-and-breakfast/guesthouse. Furthermore, said sign shall be as unobtrusive as reasonably possible and shall only be indirectly illuminated.

A zoning permit shall not be granted unless the applicant has obtained documentation from the servicing authority that adequate water and sewer service is available for the proposed use.

The resident owner or resident agent/innkeeper shall maintain a guest register, which shall list the names and addresses of all guests. The guest register shall preserve registration records for three years. The register and all records shall be made available for inspection by the Zoning Officer at any time.