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 |
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.
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. |
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.
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.
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.
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.
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.
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,
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.
(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.
In accordance with Article VI, Section 619 of the Pennsylvania
Municipalities Planning Code, Act 247 of 1968, as amended,
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.
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.
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.
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.
Notwithstanding any other provision contained in this chapter,
rear yard setbacks for sheds and swimming pools shall be 10 feet.
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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