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§ 250-65 Parking.

No building or structure shall hereafter be constructed, enlarged or modified and no use or activity shall be conducted or expanded unless provision is made on the same or adjacent lot for off-street parking facilities, either within a structure or in the open, and with proper and safe access from a street, to adequately serve the uses within the district according to the provisions of this section.

A.

Location.

(1)

In no case shall any portion of a public or private street be utilized in complying with the parking requirements of this section.

(2)

All parking spaces shall be on the same lot as the principal buildings except when permitted by the Borough Council.

(3)

The parking spaces required in Subsection A(2) may be located elsewhere than on the same lot when authorized by the Council subject to the following conditions:

(a)

The owners of two or more establishments shall submit with their applications for special exception, a site plan showing joint use, agreement and location of a common off-street parking area.

(b)

Some portion of the common off-street parking area shall lie within 200 feet of an entrance regularly used by patrons, into the buildings served thereby.

(c)

The total number of parking spaces provided equals or exceeds the sum of the individual requirements.

(4)

In any commercial or industrial district, no parking, loading or service area shall be located within 25 feet of the ultimate right-of-way line.

(5)

For residential dwellings, the spaces shall be within 100 feet of the dwelling unit they serve.

B.

Size.

(1)

Parking spaces for each vehicle shall be at least 10 feet by 20 feet in size and shall have a paved surface, except for parking spaces serving single-family detached dwellings, which may be an improved all-weather surface, providing safe and convenient access in all seasons.

(2)

The required parking area shall be measured exclusive of interior drives or maneuvering areas.

C.

Design.

(1)

Any parking for five or more vehicles on a lot which abuts a residential district or a lot for residential purposes, whether single-family or multifamily, shall be screened from the adjacent property by an effective screen the entire length of the parking lot, according to the requirements of § 250-69.

(2)

Interior circulation within parking areas shall be in accordance with the provisions of § 250-68.

(3)

Parking areas shall be landscaped in accordance with § 250-69.

(4)

Parking spaces shall be clearly delineated by suitable markings. Special use spaces such as short-term visitor parking, handicapped parking and pickup/dropoff zones shall be differentiated from long-term employee parking by suitable markings.

(5)

Handicapped parking. The following shall apply to commercial, industrial, professional office, institutional, religious and educational uses:

(a)

If the total number of parking spaces exceeds 20, a minimum of 2% of the total number of parking spaces but not less than two parking spaces shall be designed and designated for physically handicapped persons.

(b)

Said spaces shall be most accessible and approximate to the building or buildings which the parking spaces shall serve.

(c)

Each space or group of spaces shall be identified with a clearly visible sign displaying the international symbol of access.

(d)

Each space shall be 12 feet wide to allow room for persons in wheelchairs or on braces or crutches to get in and out of either side of an automobile onto level, paved surface suitable for wheeling and walking.

(e)

Where possible, such spaces shall be located so that persons in wheelchairs or using braces or crutches are not compelled to wheel or walk behind parked cars.

(f)

Where applicable, curb ramps shall be provided to permit handicapped people access from the parking lot to the sidewalk or building entrance.

D.

Residential parking requirements. Two spaces per dwelling unit.

E.

Nonresidential parking requirements. There shall be sufficient parking spaces provided for each use by the application of the appropriate formula for each use as listed in this subsection. The Borough Council may authorize a reduction in the number of off-street parking spaces in cases where the applicant can justify the reduction and still provide adequate facilities. The number of required parking spaces may be increased based on the intensity of the use, with the burden of proof on the applicant. In the case of mixed uses, excluding shopping centers, the total number of required parking spaces shall be the sum of the required spaces for the various uses computed separately.

(1)

Throughout this section "s.f." shall be interpreted as "square feet" and "GFA" shall be interpreted as "gross floor area." Minimum off-street parking requirements shall be as follows:

Commercial Uses, Industrial Uses and Services
Manufacturing
Less than 100,000 square feet GFA 2.5 spaces/1,000 square feet GFA
Equal to or greater than 100,000 square feet GFA 2.0 spaces/1,000 square feet GFA
Office buildings, research and development facilities, laboratories, business services 3.0 spaces/1,000 square feet GFA
Office parking 3.5 spaces/1,000 square feet GFA
Personal and professional services 5.0 spaces/1,000 square feet GFA
Bank, other financial services 4.0 spaces/1,000 square feet GFA
Car wash, nonautomated 2.0 spaces/bay plus 3 stacking spaces per bay
Car wash, automated/tunnel 6.0 spaces, plus 6.0 dry-off spaces, plus 15.0 stacking places
Commercial services 3.5 spaces/1,000 square feet GFA
Funeral home 20.0 spaces/1,000 square feet occupied by viewing rooms
Laundromat 20.0 spaces/1,000 square feet GFA
Eating and drinking establishment 15.0 spaces/1,000 square feet GFA
Gas station (in addition to service station requirement if applicable) 1 space/pump island, plus 6 stacking spaces for each pump island
Hotel/motel 1 space/unit, plus 4 spaces/5 units, plus spaces as required for ancillary uses.
Junkyard 0.1 space/1,000 square feet gross lot area
Lumberyard 1.0 space/1,000 square feet gross lot area
Personal storage, mini storage 1 space/rentable unit
Retail sales of consumed or nonperishable items, often seasonal variation in demand. Includes shopping centers, department stores, auto dealers apparel and personal accessory stores, jewelers, nurseries, bookstores, computer stores, and all similar uses. 3.5 spaces/1,000 square feet GFA
Service station, auto body repair shop service (in addition to gas station and auto dealer requirements, where applicable). 2.0 spaces/garage bay
Wholesale sales, commercial sales, freight terminal 1.0 space/1,000 square feet GFA
Institutional and Public Uses
Community center, social club 12.0 spaces/1,000 square feet in main assembly room
Day-care center 3.0 spaces/1,000 square feet GFA, plus 8 stacking spaces
Elementary school, middle school, including boarding schools 12.0 spaces/1,000 square feet in main assembly room, 25% may be in a reserve lot
High school (including boarding schools) 10.0 spaces/1,000 square feet of classroom area, or 12.0 spaces per 1,000 square feet in main assembly room, whichever is greater
Hospital 2.0 spaces/bed
Library 3.0 spaces/1,000 square feet GFA
Museum or similar institution 3.0 spaces/1,000 square feet GFA
Church 12.0 spaces/1,000 square feet in main assembly room. 25% may be in reserve lot
Utility installation 2.0 spaces/installation
Recreation Uses
Bowling alley 5.0 spaces/lane
Cinema 12.0 spaces/1,000 square feet GFA
Country club, golf club 5.0 spaces/tee, plus any spaces required for ancillary uses
Health club, spa 5.0 spaces/1,000 square feet GFA
Indoor amusement arcade 5.0 spaces/1,000 square feet GFA
Miniature golf course 3.0 spaces/tee
Stadium, theater, gymnasium 3.0 spaces/seat
Swim club, public pool 10.0 spaces/1,000 square feet of Swimming pool floor

§ 250-66 Loading and unloading.

In connection with any building or structure which is erected or substantially altered and which requires the receipt or distribution of materials or merchandise by trucks or similar vehicles, there shall be provided a sufficient number of off-street loading and unloading berths not less than the minimum requirements specified in this section:

A.

Location.

(1)

All loading and unloading areas shall be located on the same lot as the use to be served, and no portion of the vehicle shall project into any traffic lane. No loading area for vehicles of more than two-ton capacity shall be located closer than 100 feet from any residential district. No permitted or required loading area shall be located within 50 feet of a property line.

(2)

No loading facilities shall be constructed within any required yard areas. Loading facilities shall be located either on the side or rear of the building and properly screened according to § 250-69.

B.

Size. Off-street loading and unloading areas shall be at least 15 feet wide, 16 feet vertical clearance, 60 feet deep and shall have an adequate maneuvering apron.

C.

Access. Each off-street loading and unloading area shall be designed with appropriate means of vehicular access to an interior drive in a manner which will least interfere with traffic movements, and shall be subject to the approval of the Borough. Such access shall have paved surfaces to provide safe and convenient access during all seasons.

D.

Surfacing. Loading and unloading spaces shall have paved all-weather, dustless surfaces of sufficient load-bearing properties consistent with the intended uses.

E.

Space allowed. Space allowed to any off-street loading berth shall not, while so allocated, be used to satisfy the space requirements of any off-street parking facilities or portions thereof. Required off-street parking spaces shall not be used for loading and unloading purposes except during hours when business operations are suspended.

§ 250-67 Access and traffic control.

To minimize traffic congestion and hazard, control street access and encourage orderly development of street highway frontage, the following regulations shall apply:

A.

Unless clearly impractical or inappropriate, lots which abut two or more streets shall have direct access only to a street of lesser functional classification.

B.

Where lots are created having frontage on expressway, arterial, major collector and minor collector streets, as classified by the Comprehensive Plan, any proposed development street pattern shall provide reverse frontage to local streets within the subdivision, unless clearly impractical due to lot configuration or topography. Residential developments which propose streets with reverse frontage lots shall buffer the reverse frontage lot along the rear yard lot line from the major street, in accordance with § 250-68.

C.

Each use with less than 400 feet of street frontage shall not have more than one ingress and egress land to such street, and no use with 400 or more of street frontage shall have more than two accessways to any one street for each 800 feet of street frontage. A common access point for two or more uses is required where practical, to minimize vehicular access points along streets other than local streets.

D.

Every building and lot shall have access to a public street or an approved private street. Unless clearly impractical, all residential lots shall have direct access only to a local access street.

E.

All vehicular access ways to any public street shall be located at least 100 feet from any intersection of a street, measured from the intersection of the street lines.

F.

Provisions shall be made for safe and efficient ingress and egress to and from public streets, without undue congestion or interference with normal traffic flow within the Borough. The developer shall be responsible for the design and construction, and the costs thereof, of any necessary traffic control device and/or highway modifications required by the Borough and/or the Pennsylvania Department of Transportation (PennDOT).

G.

Obstructions to vision.

(1)

On any lot, no wall, fence or other obstruction shall be erected, allowed or maintained; and no hedge, tree, shrub or other growth shall be planted or exist which dangerously obscures the view of approaching traffic along streets or at intersections.

(2)

On a corner lot, nothing shall be erected, placed or allowed to grow which dangerously obscures the view within a clear sight triangle defined by the following:

(a)

Above the height of 2 1/2 feet and below the height of 12 feet measured from the center line grades of the intersecting streets.

(b)

Within the area bounded by the center line of intersecting streets and a line joining points on these center lines 75 feet from an intersection of center lines of such streets.

(3)

Driveway and street entrances onto public streets shall be maintained in such a manner that a clear view is obtained in both directions according to the following standards:

Posted Speed of Public Road (mph) Minimum Sight Distance (feet)*
20 200
25 250
30 300
35 350
40 400
45 450
50 500
55 550
NOTE:
* Measured 10 feet from the edge of the cartway of the public street.

§ 250-68 Interior circulation.

A.

Design of access aisles and drives.

(1)

Interior drives shall be designed to prevent blockage of vehicles entering or leaving the site and shall be clearly marked by signs, curbing or lines. Drives may be one-way or two-way. Areas designed for loading and unloading, refuse collection, fuel delivery and other service vehicles, shall be separate and arranged so as to prevent blocking or interfering with access ways, the use of automobile parking facilities or pedestrianways, and shall have adequate turnaround surface so egress to the street is in a forward direction.

(2)

Accessways, parking areas and loading areas shall have clearly defined parking bays and traffic circulation lanes designated by markings, curbs, barriers and/or landscaped islands, so that operators of vehicles intending to patronize such parking areas shall not impede traffic as a result of any confusion as to location of entrances and exits and manner of reaching them.

(3)

All interior drives and accessways shall be paved with an approved all-weather surface, and shall be graded, properly drained and maintained in a good condition. Interior drives shall have a maximum grade of 4%, measured along the center line, for a distance of not less than 20 feet from the street right-of-way line. Beyond that point, interior roads and drives shall have a maximum grade of 10%.

B.

Common or shared access driveways to parking and loading areas are permitted and encouraged, provided landowners shall submit a site plan and agreement indicating the extent of joint use and maintenance responsibility.

C.

Fire lane easements.

(1)

No multifamily residential or institutional building shall be located more than 150 feet from a duly dedicated, improved or accessible fire lane easement as defined herein, nor more than 600 feet from a duly dedicated, accessible and improved public or private street. Fire lane easements shall be located adjacent to commercial or industrial building(s).

(2)

Fire lane easements shall have a minimum obstructed right-of-way width of 40 feet, and there shall be constructed within this right-of-way an all-weather and well-drained surfaced cartway with a minimum width of 20 feet. The extension of fire lane easements shall begin from one or more existing and improved public streets.

(3)

Fire lane easements which curve, turn or change directions shall have a minimum radius of 55 feet of pavement. Fire lane easements containing reverse curves shall have a minimum center line tangent length of 50 feet between curves.

(4)

Dead-end fire lane easements shall not exceed 400 feet in length and shall be terminated with an unobstructed vehicular turnaround or cul-de-sac with a minimum surface radius of 35 feet.

§ 250-69 Landscaping and screening.

A.

Landscaping.

(1)

Except for single-family and two-family dwellings, any part or portion of a site which is not used for buildings or other structures, loading and parking spaces and aisles, sidewalks and designated storage areas shall be landscaped according to an overall plan, prepared and approved as part of the development plan. A replacement program for nonsurviving plants should be included.

(2)

All mechanical equipment not enclosed in a structure shall be fully and completely screened in a manner compatible with the architectural and landscaping style of the remainder of the lot. Such screening shall be subject to site plan and architectural review by the Borough.

(3)

Landscaping within any parking area which provides more than five parking spaces shall be subject to the following provisions:

(a)

Off-street parking areas shall be landscaped to reduce wind and air turbulence, heat and noise, and the glare of automobile lights; to reduce the level of carbon dioxide; to provide shade; to improve stormwater drainage problems; to replenish the groundwater table; and to provide for a more attractive setting.

(b)

The interior of each parking lot shall have at least one three-inch caliper deciduous shade tree for every five parking spaces, if there are no existing shade trees to satisfy this requirement. Shrubs and other plant materials are encouraged to be used to complement the trees, but shall not be the sole contribution to the landscaping. These trees shall be in addition to those required as an effective screen.

(c)

The landscaping and planting areas shall be reasonably dispersed throughout the parking lot, except where there are more than 20 spaces, in which the following shall apply:

[1]

Landscaped areas at least 10 feet wide shall be provided around the periphery of parking areas. Such areas shall, at a minimum, extend the full length and width of the parking areas, except for necessary accessways, to prevent the encroachment of moving vehicles into parking areas.

[2]

Landscaped islands between every 10 parking spaces or at the end of each parking row, whichever is less, shall be provided and shall be the length of the parking spaces in the row and at least 10 feet in width.

[3]

There shall be a planting strip incorporated for every four rows of parking spaces. Such planting strip shall run parallel to parking rows and shall have a minimum width of 10 feet if double loaded or seven feet if single loaded.

(4)

Existing plant material and trees with a caliper of six inches or more shall be preserved wherever possible during construction. Such existing plants may be credited toward the amount of required plantings.

(5)

Any development proposing the creation of a public road(s) shall provide shade trees along its entire length. The design of such landscaping shall be as follows:

(a)

All shade trees shall be a minimum of 15 feet in height from good nursery stock when planted. Species selected shall be indigenous to the area and shall have deep root systems.

(b)

Shade trees shall be selected and planted so that at maturity they will provide adequate shade during the summer along the public road.

(c)

Shade trees shall be planted between the cartway edge and the right-of-way line, as long as clear sight distances at intersections are not obstructed. Existing trees with a caliper of six inches or more and located between the cartway and the right-of-way line shall be preserved wherever possible and used in the shade calculation.

B.

Screening.

(1)

Screening requirements shall be applicable under the following circumstances:

(a)

Where a proposed commercial, industrial, or institutional use abuts an existing residential use or residential district.

(b)

Where any proposed multifamily residential use abuts an existing single-family or two-family dwelling.

(c)

Any other instance where screening is required by this chapter or by the Borough.

(2)

Screening shall comply with the following requirements:

(a)

The entire perimeter of the tract undergoing development shall be provided with a minimum of thirty-foot planting strip, fifty-foot if adjacent to a residential use or district, which will act as an effective screen separating uses. The planting strip may be included in private yard space and shall be based upon the following criteria:

[1]

Vegetative screening shall include a variety of deciduous and evergreen species which are indigenous to the area so as to provide a year round visual buffer, but shall include no less than 50% evergreens.

[2]

Vegetative screening shall incorporate earthen mounds or berms, wherever possible, to improve sound as well as visual buffering, and shall be broken at points of vehicular or pedestrian access.

[3]

Plant materials used in the screen planting shall be at least six feet in height when planted and be of a species which will produce within two years a complete visual screen of at least eight feet in height.

[4]

No plantings shall be placed with their center closer than five feet from the property line of the tract.

[5]

All existing trees within the required planting strip above three inches in caliper and/or eight feet in height shall be preserved wherever possible.

[6]

Screening shall be designed so as to not obstruct sight distances at intersections.

[7]

Screening design, including the type of plant materials to be used, spacing of plant materials, and the use and location of earthen berms, shall be subject to review and approval by the Borough Council upon the recommendation of the Planning Commission.

[8]

Vegetative screens shall be perpetually maintained during the period the principal use causing the need for screening is in operation. Any plant material which does not survive shall be replaced within six months.

(b)

Water towers, storage tanks, processing equipment, fans, skylights, cooling towers, vents and any other structures or equipment which rise above the roof line shall be architecturally compatible or effectively shielded from view from any public or private dedicated street by an architecturally sound method which shall be approved, in writing, by the Borough before construction or erection of said structures or equipment.

(c)

Shade trees shall be planted between the cartway edge and the right-of-way line, as long as clear sight distances at intersections are not obstructed. Existing trees with a caliper of six inches or more and located between the cartway and right-of-way line shall be preserved wherever possible and used in the shade tree calculations.

§ 250-70 Lighting.

A.

Applicability. Lighting facilities shall be required for loading, ingress and egress, and parking areas for multiple-family, commercial, industrial and institutional uses. The Borough Council may require lighting to be incorporated for other uses of locations where warranted. All lighting facilities shall have underground wiring.

B.

Design.

(1)

Lighting facilities shall provide an illumination level within the following range of values:

(a)

Pedestrian walkways: 0.2 to 0.4 footcandle.

(b)

Street intersections: 0.6 to 0.8 footcandle.

(c)

Multiple-family common areas: 0.6 to 0.8 footcandle.

(d)

Recreational/institutional activities: 1.0 to 1.2 footcandles.

(e)

Indirect illuminated signs: 1.0 to 1.2 footcandles.

(f)

Industrial parking areas: 1.0 to 1.2 footcandles.

(g)

Commercial parking areas: 1.0 to 1.2 footcandles.

(2)

Lighting standards in parking areas shall not be located farther than 100 feet apart.

(3)

No lighting shall be permitted which shines directly into residential units, or results in glare beyond an angle of 30° from a vertical plane.

(4)

All lighting shall be completely shielded from any public right-of-way.

C.

Installation responsibilities.

(1)

Where required by this chapter, the applicant shall install or cause to be installed all lighting fixtures. Fixtures shall be at the expense of the applicant, and shall be in accordance with a utility plan prepared by the applicant and approved by the Borough Council and the appropriate utility company.

(2)

The applicant shall be responsible for all costs involved in the lighting of streets and street intersections from the date the first dwelling is occupied until the date the street is accepted for dedication.

D.

Residential lighting. Lighting facilities on individual single-family and other residential lots to illuminate private walkways, driveways, parking areas, patios, tennis courts, swimming pools or other areas shall be permitted under the following conditions:

(1)

In no case shall the level of illumination be more than one footcandle.

(2)

No lighting shall be permitted which shines directly onto adjacent properties or any public right-of-way.

(3)

Where possible, indirect lighting and short post lighting along walkways or driveways should be incorporated to reduce glare.

§ 250-71 Storage.

A.

Outdoor storage shall be completely screened from view of any public right-of-way and any adjacent residential use. Screening shall consist of evergreen plantings, architectural screen or approved safety fence.

B.

No storage shall be permitted within the front yard of any lot.

C.

Outside storage of raw materials and/or finished products shall be permitted only within the buildable area of the lot behind the front building line of the principal building, and shall not exceed 10 feet in height.

D.

Outdoor storage facilities for fuel, raw materials and products shall be enclosed with an approved safety fence compatible with the architectural and landscaping style employed on the lot. In addition to a fence, bulk storage tanks shall be enclosed by a moat or berm to contain potential spillage.

E.

All organic refuse or garbage shall be stored in tight, vermin-proof containers. In multiple-family, commercial and industrial developments, garbage storage shall be centralized to expedite collection and enclosed on three sides by an architectural screen or plantings.

§ 250-72 Utilities.

All utilities shall be placed underground in residential subdivisions and commercial districts. They shall be permitted above ground in I Industrial Districts only by special exception.

§ 250-73 Physical performance standards.

The following regulations shall apply to all districts:

A.

Air quality. There shall be no emission of smoke, ash, dust, fumes, vapors, gases or other matter toxic or noxious to air which violate the Pennsylvania Air Pollution Control Laws, including the standards set forth in Chapter 123 (Standards for Contaminants), and Chapter 131 (Ambient Air Quality Standards), Article III, Title 25, Pennsylvania Department of Environmental Protection, Rules and Regulations.

B.

Fire and explosive hazards. All activities and all storage of flammable and explosive material at any point shall be provided with adequate safety devices against the hazard of fire and explosion, and adequate fire-fighting and fire-suppression equipment, and devices as detailed and specified by the laws of the Commonwealth of Pennsylvania. All buildings and structures and activities within such buildings and structures shall conform to the Building Code,

Editor's Note: See Ch. 98, Construction Codes, Uniform.
the Fire Prevention Code, and other applicable Borough ordinances. Any explosive material shall conform to the requirements of Chapter 211, Title 25, Rules and Regulations, Pennsylvania Department of Environmental Protection, for storing, handling and use of explosive.

C.

Glare and heat. No direct or sky-reflected glare, whether from floodlights or high-temperature processes, such as combustion or welding or otherwise, so as to be visible at the lot line shall be permitted. These regulations shall not apply to signs or floodlighting of parking areas otherwise permitted by this chapter. There shall be no emission or transmission of heat or heated air so as to be discernible at the lot line.

D.

Liquid and solid waste. There shall be no discharge at any point into any public or private sewerage system, or watercourses or into the ground, of any materials in such a way or such a nature, as will contaminate or otherwise cause the emission of hazardous materials in violation of the laws of Stockertown Borough and the Commonwealth of Pennsylvania, and specifically to Chapters 73, 75, 95 and 97, Title 25, Pennsylvania Department of Environmental Protection, Rules and Regulations.

E.

Noise. No person shall operate, or cause to be operated on private or public property, any source of continuous sound (any sound which is static, fluctuating or intermittent with a recurrence greater than one time in any fifteen-second interval) in such a manner as to create a sound level which exceeds the limits set forth in the following table when measured at or within the property boundary of the receiving land use.

Receiving Land Use Category Time Sound Level Limit (dBA)
Residential, public 7:00 a.m. to 10:00 p.m. 60
Space open space, agricultural or institutional 10:00 p.m. to 7:00 a.m., plus Sundays and legal holidays 50
Commercial or business 7:00 a.m. to 10:00 p.m. 65
10:00 p.m. to 7:00 a.m., plus Sundays and legal holidays 60
Industrial At all times 70
(1)

For any source of sound which emits a pure tone, the maximum sound level limits set forth in the above table shall be reduced by five dBA. For any source of sound which emits an impulsive sound (a sound of short duration, with an abrupt onset and rapid delay and an occurrence of not more than one time in any 15 second interval) the excursions of sound pressure level shall not exceed 20 dBA over the ambient sound level, regardless of time of day or night of receiving land use, using the "fast" meter characteristic of a Type II meter, meeting the ANSI specifications S1.4-1971.

(2)

The maximum permissible sound levels as listed in the previous table shall not apply to any of the following noise sources:

(a)

The emission of sound for the purpose of alerting persons to the existence of an emergency or associated practice drills.

(b)

Emergency work to provide electricity, water or other public utilities when public health or safety is involved.

(c)

Domestic power tools.

(d)

Agriculture.

(e)

Public celebrations, specifically authorized by Borough.

(3)

Motor vehicle operations shall not exceed the noise levels established in Chapter 157 of Title 67 of the Pennsylvania Code of Regulations, Subchapter B, Established Sound Levels.

F.

Odors. No uses, except agricultural operations, shall emit odorous gases or other odorous matter in such quantities to be offensive at any point on or beyond its lot lines. The guide for determining such quantities of offensive odors shall be the 50% response level of Table 1 (Odor Thresholds in Air), "Research of Chemical Odors; Part I — Odor Thresholds for 53 Commercial Chemicals," October 1986, Manufacturing Chemists Association, Inc., Washington, D.C.

G.

Vibration. No vibration shall be produced which is transmitted through the ground and is discernible without the aid of instruments at or at any point beyond the lot line.

H.

Radioactivity or electrical disturbances. There shall be no activities which emit dangerous radioactivity at any point. There shall be no radio or electrical disturbances adversely affecting the operation of equipment belonging to someone other than the creator of the disturbance. If any use is proposed which incorporates the use of any radioactive material, equipment or supplies, such use shall be in strict conformity with Chapters 221, 223, 225, 227 and 229, Title 25, Article V, Pennsylvania Department of Environmental Protection, Rules and Regulations.

I.

Public health and safety. No use shall create any other objectionable condition in an adjoining area, which will endanger public health and safety or be detrimental to the proper use of the surrounding area.

§ 250-74 Public utility corporations and authorities.

In accordance with Article VI, Section 619 of the Pennsylvania Municipalities Planning Code, Act 247 of 1968, as amended,

Editor's Note: See 53 P.S. § 10619.
this section shall not apply to any existing or proposed building, or extension thereof, or to any land, used or to be used by a public utility corporation, or public utility authority, if upon petition of the corporation, or authority, the Public Utility Commission shall, after public hearing, decide that the present or proposed situation or use of the building or land in question is reasonably necessary for the convenience or welfare of the public. It shall be the responsibility of the Public Utilities Commission to ensure that both the corporation and Borough have notice of the hearing and are granted an opportunity to appear, present witnesses, cross-examine witnesses presented by other parties and otherwise exercise the rights of a party to the proceedings.

§ 250-75 Modification of single-family residential front yard requirements.

A.

Where an unimproved lot is situated between two improved lots having on each a principal building within 25 feet of the side boundary line of such unimproved lot, which extends into the required front yard of each such improved lot and has been so maintained prior to the effective date of this chapter, the front yard depth of such unimproved lot may be the average depth of the front yards of such two adjacent improved lots, notwithstanding the yard requirements of the district in which it is located.

B.

Where an unimproved lot adjoins only one improved lot having a principal building thereon within 25 feet of the common side lot line which extends into the required front yard of such improved lot and has been so maintained prior to the effective date of this chapter; the front yard depth of such unimproved lot may be the average depth of the front yard of such adjacent improved lot and the front yard required in the district in which such unimproved lot is located, notwithstanding the yard requirements of such district.

§ 250-76 Projections into required yards.

All required yard areas shall be unobstructed except as follows:

A.

An arbor, open trellis, flagpole, unroofed steps and terraces, and accessory buildings or structures providing such a projection shall be no closer than the setback required for accessory buildings or structures in the district in which the lot is located.

B.

Roofed terraces, patios, canopies or awnings not included in the area calculation of a building may project into any yard a maximum of 15 feet, provided such a projection shall be no closer than the setback required for accessory structures or buildings in the district in which the lot is located.

C.

Radio towers and microwave antennas in accordance with the provisions of § 250-44G of this chapter.

§ 250-77 Fences and walls.

The following regulations shall apply to all districts:

A.

No fence or wall, except a retaining wall, or a wall of a building permitted under the terms of this chapter, shall be erected within two feet of a property boundary line, unless a written agreement waiving the specific provisions of this chapter has been executed by the adjoining property owner and filed in the Office of the Borough Zoning Officer.

B.

No fence or wall shall obstruct vision at street intersections or along streets, in accordance with Subsection A.

C.

All swimming pools shall be required to have a fence or wall no less than four feet in height, measured from the highest grade to the pool wall. All pools shall have locked gates or access.

§ 250-78 Special setback provisions.

Notwithstanding any other provision contained in this chapter, rear yard setbacks for sheds and swimming pools shall be 10 feet.

§ 250-79 Federal and state owned property.

Wherever federal- or state-owned land is located in the Borough, it shall be subject to provisions of this chapter, only insofar as permitted by the Constitution and laws of the United States and the Commonwealth of Pennsylvania.

 

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