Accessory uses as authorized by this chapter shall include the
following and uses of the same general character:
A.
Accessory use to agriculture. The keeping of livestock, poultry or
fish, but only in such quantities and to such extent as are customarily
incidental to the principal use in accordance with § 250-48 of this chapter.
B.
Uses accessory to single-family dwelling.
(1)
Detached private garage, private parking space, private stables,
barn, shed, shelter for pets owned by the property owner, swimming
pool, bathhouse, private greenhouse, and quarters for guests and for
servants or tenants, employed on the premises; provided, however,
that where such quarters are within a building detached and separate
from the principal dwelling, there shall be a minimum lot area equal
to the product of the minimum lot area of the district multiplied
by the number of separate housekeeping units on the lot, and further
provided that the rental or leasing of any of such quarters shall
not be permitted.
(2)
No commercial vehicle, or part thereof or combination thereof, having
a registered gross weight, either solely or in combination exceeding
8,000 pounds, or which is in excess of 18 feet in length, shall be
parked, stored or maintained on any street, road right-of-way, lot
or within any building or structure in any residential district established
in § 250-9 of this chapter, except a construction vehicle
or vehicles owned by a contractor or other tradesman temporarily engaged
in the performance of actual work or delivery of materials to any
such street, road right-of-way, lot, building or structure. The proper
maintenance and storage of farm equipment, horse vans, boats, recreation
vehicles or a motor home, a recreational trailer or a farm truck as
the latter terms are defined in the Pennsylvania Vehicle Code, on
a lot owned or occupied by the owner of such equipment or vehicle,
shall not be deemed to be prohibited by this section. For the purposes
of this section, the term "registered gross weights" shall have the
meaning ascribed to it in the definitions section of the Pennsylvania
Vehicle Code.
(3)
The keeping of animals, exclusive of customary household pets, shall
not be permitted except on property qualifying for agricultural use
in accordance to § 250-48 of this chapter.
(4)
Home occupations, when authorized as a special exception, such as
a professional office or studio of a teacher, artist, architect, musician,
engineer, accountant, consultant, manufacturer's agent or sales
representative, or practitioner of a similar character, or rooms for
home occupations, or handicrafts, day care, or for teaching not more
than four pupils at one time, provided that:
(a)
Office, studio or rooms are located in a dwelling in which the
practitioner resides, or are in a building accessory thereto.
(b)
No goods are publicly displayed on the premises.
(c)
Not more than 20% of the habitable floor area shall be used
for any such occupation, but in no case more than 500 square feet.
(d)
This subsection shall not be construed to authorize the practice
of said profession or occupation on the premises by persons not actually
residing thereon, except that not more than one assistant shall be
permitted who may not reside on the premises.
(e)
Such profession or occupation shall not involve the regular
presence or parking of commercial vehicles on the lot, nor deliveries
of commercial carriers.
(f)
Such profession or occupation shall not result in the parking
of any vehicle on any street or highway.
(g)
The exterior of the residence or accessory structure shall have
an appearance no different than if there were no home occupation conducted
inside.
(h)
No offensive or disturbing noise, smoke, odor or other objectionable
effects shall be noticeable at or beyond the lot line.
(i)
When patrons are expected to drive to the use, a minimum of
two and maximum of four off-street parking spaces shall be required
on the lot in addition to those required for the residential dwelling.
(5)
The following standards shall apply to the operation of any bed-and-breakfast
facility permitted by this chapter:
(a)
A bed-and-breakfast facility shall be permitted only in single-family
detached, owner-occupied dwellings containing a minimum of 3,500 habitable
square feet.
(b)
The principal use of the property shall remain that of a single-family
residential dwelling.
(c)
No more than four guest rooms may be offered on any individual
residential property.
(d)
There shall be provided one full bathroom (one toilet, wash
basin, bath/shower) for each two guest rooms.
(e)
The length of stay shall be not more than two uninterrupted
days for any guest.
(f)
Meals shall consist of breakfast only and only for the guests
of the establishment. Owners shall comply with all federal, state,
and local requirements for the preparation, handling and serving of
food.
(g)
Any amenities (swimming pool, tennis court, etc.) shall be solely
for the use of the resident owner and bed-and-breakfast guest.
(h)
The owner shall maintain a current guest registration.
(i)
Area and bulk standards shall be those that apply to single-family
detached dwellings within the applicable zoning district.
(j)
One on-site parking space shall be provided per guest room and
shall not be located in any required yard area.
(k)
One sign shall be permitted in association with a bed-and-breakfast
operation. Any such sign shall be in conformance with standards for
home occupations in § 250-83.
(l)
Each bed-and-breakfast facility shall be equipped at minimum
with one smoke detector and one fire extinguisher. Guests shall be
provided with floor plans of the dwelling for emergency exits.
(6)
The following standards shall apply to any skateboard ramps proposed
in the Borough:
(a)
Skateboard ramps shall be constructed as a permanent structure
and shall require a building permit prior to construction.
(b)
The ramp shall not exceed five feet in height.
(c)
The ramp shall not be placed in a driveway, sidewalk, parking
lot or any other area intended for vehicular or pedestrian traffic.
(d)
The ramp shall be fenced and screened from adjacent land uses
in accordance with § 250-69.
(e)
The ramp shall be used exclusively for the residents of the
dwelling.
(f)
The ramps shall apply to the area and bulk standards of the
applicable district.
C.
Uses accessory to multifamily dwellings. Recreation facilities, designed
for the use of tenants and their guests, such as swimming pools, tennis
and badminton courts, swings, seesaws, slides, and recreational activities
similar to the foregoing, when made an integral part of the project
design and shown on the development plan reviewed by the Planning
Commission and approved by the Council.
D.
Uses accessory to public park. Customary recreational, refreshment
and service uses and buildings in any public park, and playground
or other recreational area.
E.
Uses accessory to commercial activities. In all commercial districts,
there shall not be outdoor warehousing, and only such merchandise
which can be returned indoors may be displayed during business hours
in an area not exceeding 20% of the indoor display area, provided
that automobiles, farm machinery and implements, buses and the like
may remain out of doors at all times.
F.
Uses accessory to industrial activities. Caretaker quarters, and
customary storage of raw materials and the warehousing of finished
products within a principal or accessory building, lunchroom facilities
for the exclusive use of employees, and outdoor storage.
G.
Radio towers and microwave antennas.
(1)
Radio towers. The following regulations shall apply:
(a)
Radio towers shall be permitted in any district by special exception.
Said permission shall be made on a temporary basis and shall apply
to the individual or company holding a valid operator's license.
The temporary permit shall be effective so long as such license remains
active and the tower is maintained in good repair. Within 60 days
of the expiration of such license, the applicant shall dismantle the
structure covered by the temporary permit.
(b)
The tower and foundation shall be designed and its construction
supervised by a registered engineer. The applicant shall file a location
plan and details for the tower prepared by the same registered engineer,
as well as manufacturer's specifications.
(c)
Radio towers must conform to applicable Federal Communications
Commission (FCC) regulations.
(d)
The tower shall meet all yard requirements of the zoning district
in which it is located and no portion of the base of the tower shall
be located closer to any lot line than the height of the tower.
(e)
Radio towers shall be separated from each other for a distance
equal to their combined heights.
(f)
Radio towers shall be located only within the side or rear yards
of a lot, but not within the prescribed setback of an applicable district.
(2)
Microwave antennas. The following regulations shall apply:
(a)
Limitation in number. Only one microwave antenna shall be permitted
per lot; except retail sales of microwave antennas for permanent display
purposes, and provided further that such display shall be in accordance
with the required setback provisions of the applicable commercial
district. The microwave antenna shall be considered as a permissible
accessory use, subject to the rules and regulations of this section,
in all zoning districts.
(b)
Size permitted.
[1]
The maximum diameter of the microwave antenna shall not exceed
10 feet if ground-mounted.
[2]
When separately supported, the total height of the microwave
antenna shall not exceed 12 feet.
[3]
When roof-mounted, the maximum diameter of the microwave antenna
shall not exceed four feet.
(c)
Location and mountings.
[1]
Ground microwave antennas shall be located only in the rear
yard or in the side yard not extending beyond the building setback,
and adhere to all setback requirements of the applicable district.
[2]
Ground-mounted microwave antennas shall be secured by a foundation
approved by the Borough Engineer.
[3]
When roof-mounted, the microwave antenna shall be located on
a portion of the roof sloping away from the front of the lot, and
no part thereof shall project above the roof ridge line.
(d)
General regulations.
[1]
No microwave antenna may be erected in any district or in location
within a district which is prohibited by regulations of the Federal
Communication Commission or other regulatory agency having jurisdiction.
The burden to show compliance shall be on the applicant and shall
be stated in the permit application.
[2]
Microwave antennas shall be properly enclosed and installed
to resist a minimum wind load of 30 pounds per square foot of projected
horizontal area. Supports, anchors and foundations shall force into
account overturning improvements and forces created by wind loading.
[3]
This section shall in no event be construed to permit as a permissible
accessory use a microwave antenna for satellite communication used
or intended to be used for the propagation of radio, micro or electromagnetic
waves. The use of a microwave antenna for transmission shall be permitted
only by special exception within the I District, subject to the provisions
of § 250-110J.
[4]
No microwave antenna installation shall be permitted in any
parking lot or parking area.
The following provisions shall apply to the conversion of a
single-family dwelling to a dwelling containing a greater number of
dwelling units, when permitted by special exception:
A.
Site and architectural plans for the conversion of said dwelling
shall be submitted to the Zoning Hearing Board, together with an application
for a special exception. If two or more families are to be housed
above the ground floor, such plans shall bear the approval of the
Pennsylvania Department of Labor and Industry as required by law.
B.
Such plans shall provide adequate and suitable parking or storage
space for at least two automobiles per dwelling unit.
C.
The yard and building area requirements for the district in which
the dwelling is located shall continue to apply to each dwelling unit.
There shall be no increase in density than that permitted by the applicable
zoning district for the conversion of dwellings.
D.
There shall be no external alterations of the building except as
may be necessary for reason of safety; fire escape and outside stairways
shall, where practical, be located to the side or rear of the building.
E.
Each resulting dwelling unit shall have a minimum floor area of 800
square feet.
F.
Where public sewage disposal is not utilized, the applicant shall
submit to the Borough a permit for an on-site sewage disposal system
issued by the Sewage Enforcement Officer, certifying the sewage disposal
facilities are adequate for the projected number of residents.
The following standards shall apply to all day-care centers,
whether permitted by right or by special exception:
A.
The minimum lot area for each child shall be 1,000 square feet, but
no lot containing a day-care center shall be less than 30,000 square
feet.
B.
There shall be an indoor play area of 50 square feet per child and
an outdoor play area of 75 square feet per child provided.
C.
The outdoor play area shall be fenced on all sides and shall not
include driveways, parking areas or land unsuited by other uses or
natural features for children's active play area. Fencing shall
be a minimum height of four feet.
D.
Off-street parking spaces in accordance with § 250-65.
An area for the discharge and pickup of children shall be provided
which is removed from both the parking and ingress/egress for the
site.
A.
In order to prevent the creation of a de facto social service district
or concentration of group home facilities and to avoid impacting a
neighborhood by a higher concentration of these facilities, the following
regulations shall apply:
(1)
No more than one group home and a total of three persons residing
in these facilities shall be permitted within a 1/2 mile radius from
another group home.
(2)
No additional group home shall be established which would increase
the number of persons living in such facilities beyond 3% of the total
number of persons living within the square mile surrounding the applicant
facility.
B.
Group homes may have no more than six residents per facility.
C.
The minimum lot size for a group home shall remain the same as that
permitted by the zoning district.
D.
There shall be a minimum habitable floor area of 2,000 square feet
for the residents of a group home.
E.
Each group home must receive all pertinent approvals and/or licenses
from the appropriate State of County agencies prior to special exception
approval.
F.
There shall be a minimum of four off-street parking spaces per group
home. All parking areas for more than five vehicles shall be screened
in accordance with § 250-69B of this chapter.
The following regulations shall apply in all districts in which
agriculture is permitted:
A.
Standards.
(1)
Gardening, incidental to residential uses, shall be permitted without
restriction.
(2)
To qualify as an agricultural use, the minimum lot size shall be
10 acres.
(3)
Except for a dwelling, no farm building or structure shall be constructed
closer than 75 feet to a front property line nor closer than 100 feet
to a side or rear property line.
(4)
No dwelling shall be constructed closer to any abutting property
than permitted by the setbacks of the applicable zoning district.
(5)
Silos and bulk bins shall be exempted from area and bulk regulations
when attached to an existing building.
(6)
The storage or stockpiling of manure or other odor- or dust-producing
substance shall not be permitted within 100 feet of any lot boundary
or watercourse.
(7)
All grazing and pasture areas shall be fenced.
(8)
The keeping of animals, exclusive of customary household pets, shall
not be permitted except on property qualifying for agricultural use
in accordance with the provisions of this section, with the following
exception: the keeping of not more than four horses shall be permitted
on lots of three acres or more. An additional one acre per horse shall
be required for each additional horse over four.
(9)
Slaughtering operations for commercial purposes, when authorized
by the Zoning Hearing Board as a special exception, shall be permitted
only within commercial and industrial districts on lots of not less
than five acres.
B.
Sale of farm products. The display and sale of farm products shall
be permitted, provided that:
(1)
All such products displayed for sale shall be produced on the agricultural
land contiguous to said building.
(2)
Sale of farm products shall be conducted from a portable stand, dismounted
at the end of the growing season, under the following conditions:
(a)
Such stand shall be located at least 75 feet from the street
line.
(b)
Parking spaces shall be located behind the street line at a
rate of one parking space for every 100 square feet of sales space,
but not less than three spaces shall be provided.
A.
Permitted uses.
(1)
Nonprofit facilities, including but not limited to parks, playfield,
playground, arboretum, conservation area, wildlife sanctuary, winter
sport, swimming pool, boating, horseback riding, fishing, foot, bicycle
and bridle path, picnic area, tennis and other racquet game court
or any similar use characteristically identified with open space areas,
and of a noncommercial nature, but in accordance with the following
development standards:
(a)
Impervious cover for the use shall not exceed 15% of the lot
area, including pedestrian or bicycle paths.
(b)
Any improvements such as a building or structure, excluding
impervious cover, foot or bicycle paths and unnecessary accessways,
shall be no closer than 100 feet to any lot boundary.
(2)
Any of the following uses when permitted by the Zoning Hearing Board
as a special exception as provided in Article XIV.
(b)
Auxiliary uses customarily incidental to operation of the uses
in Subsection A(2)(a), including a snack bar without table service,
locker room, management headquarters, residence, nursery and day-care
center, excluding restaurant.
B.
Development standards. Any use permitted in Subsection A shall comply
with the following:
(1)
Development plans for any use under this section shall be subject
to review and approval by the Borough.
(2)
Minimum lot size shall be one acre.
(3)
Any structure, building, parking, storage, loading or paved areas,
excluding foot and bicycle paths, and other than necessary accessways
to a public street, shall not be located closer than 100 feet to any
lot line, and shall be screened from dwellings in accordance with
§ 250-69B if located within or abutting a residential district.
(4)
If practical, vehicular access for the use shall not be from any
local street in a residential district or residential development.
(5)
Auxiliary uses shall be restricted in their use to employees, patrons,
members and guests of the principal use. Such establishments shall
present no visible evidence from any public street of their commercial
character, which would attract persons other than employees, patrons,
members and guests.
The following standards and criteria shall govern the design
and review procedures for the combination of two or more permitted
uses, as authorized as a special exception in § 250-19L of this chapter.
A.
General regulations.
(1)
Ownership. The tract of land to be developed shall be in one ownership,
or shall be the subject of application, filed jointly by the owners
of the entire tract, and shall be under unified control. If ownership
of the entire tract is held by more than one person or entity, the
application shall identify and be filed on behalf of all said owners.
Approval of the plan shall be conditioned upon agreement by the applicant
or applicants that the tract shall be developed under single and separate
ownership directly in accordance with the approved plan. If ownership
of all, or any portion of the tract changes subject to approval of
the plan, no site preparation or construction by such new owner or
owners shall preview the terms and obligations of the approved plan
and agree in writing to be bound thereby with respect to development
of the tract.
(2)
Sewer and water facilities. The tract of land shall be served by
water and sanitary sewer facilities deemed applicable by the Council.
Such facilities shall be designed and constructed in compliance with
those sections regulating sewage disposal and water supply of Chapter 213, Subdivision and Land Development, and/or this chapter.
(3)
Applications. The application for development shall be accompanied
by a plan or plans showing in detail the proposed uses, including
but not limited to the type of uses, location and square footage of
buildings, parking and access, loading facilities, landscaping, screening,
and lighting. The plan(s) shall cover the entire tract, regardless
of any intended phasing of development.
(4)
Development stages and permits. The development of a tract, carried
out in either a single phase or in stages, shall be executed in accordance
with a development agreement. The owner, developer, and Borough shall
enter into said agreement, embodying all details regarding compliance
with this chapter to assure the binding nature thereof on the overall
tract and its development, with agreement shall be recorded with the
final development plan.
(5)
Stormwater management. The control of erosion and sediment during
construction, and the ongoing management of stormwater on the tract
shall be accomplished in accordance with the applicable section of
Chapter 213, Subdivision and Land Development.
(6)
Covenants and restrictions. The language, terms and conditions of
any proposed covenants or restrictions shall be subject to review
and recommendation by the Borough Solicitor.
B.
Area and bulk regulations. The combined uses, buildings, structures
and other improvements shall collectively comply with the area and
bulk regulations under § 250-2 for mixed-use development
in the district.
C.
Design standards.
(1)
Parking. Shall be in accordance with § 250-65 of this chapter.
(2)
Loading and unloading. Shall be in accordance with § 250-66 of this chapter.
(3)
Access and traffic control. Shall be in accordance with § 250-67 of this chapter.
(4)
Interior circulation. Shall be in accordance with § 250-68 of this chapter.
(5)
Screening. Shall be in accordance with § 250-69 of this
chapter.
(6)
Landscaping. Shall be in accordance with § 250-69 of this
chapter.
(7)
Lighting. Shall be in accordance with § 250-70 of this
chapter.
(8)
Outdoor display and storage. All uses, excepting parking lots and
gasoline sales, shall be completely enclosed within a building. No
merchandise, goods, articles, or equipment shall be stored, displayed,
or offered for sale outside any building except seasonal articles
which are too large or otherwise infeasible to be stored indoors.
Such articles shall be stored adjacent to the building housing the
tenant selling the articles, and shall be enclosed by either walls
or opaque fencing designed to be architecturally compatible with the
building. Such enclosure shall be at least six feet high. Any such
outdoor display area shall be considered sales floor area for purposes
of computing building coverage and parking requirements.
(9)
Architectural integrity. Any planned business center constructed
to this section shall be designed as an architecturally integrated
unit.
(a)
Street furniture, lighting standards, signs, and other accessory
items installed as part of a planned business center shall be of compatible
materials, scale and design.
(b)
Any building facade which faces a patron parking area, street
or other space used or viewed by the public shall be provided with
decorative facade treatment, architecturally integrated with all other
building facades.
(c)
Where requested by the Council, site models and/or three-dimensional
graphic portrayals, providing a clear perspective of the relationship
of the proposed development to the site and its visual impact on adjacent
properties, shall be submitted as part of the conditional use application.
(10)
Signs.
(a)
Only one freestanding sign shall be erected along each arterial
or collector street fronting the property. Such sign shall serve as
a directory of uses on the lot.
(b)
The total display area of a freestanding sign shall be in accordance
with § 250-83J of this chapter.
(c)
Freestanding business signs may be located no closer than that
distance prescribed in § 250-81.
(d)
No freestanding sign shall exceed that height prescribed in
§ 250-83J.
(e)
Wall-mounted signs shall comply with the requirements of § 250-83J of this chapter.
D.
Submission requirements associated with shopping center applications.
Schools when permitted as a conditional use shall comply with
the following:
A.
The minimum lot area shall be two acres.
B.
Minimum lot width.
(1)
Three hundred feet at building setback line.
(2)
One hundred fifty feet at street line.
C.
Maximum coverage.
(1)
Twenty-five percent by all buildings.
(2)
Thirty-five percent by total impervious cover.
D.
Maximum building height shall be three stories or 35 feet.
E.
Minimum front yard shall be 80 feet from street right-of-way.
F.
Minimum side yards shall be 50 feet for either side yard and 125
feet aggregate.
G.
Minimum rear yards shall be 75 feet.
H.
Off-street parking in accordance with § 250-65.
I.
Landscaping in accordance with § 250-69.
J.
Screening and buffering in accordance with § 250-69.
K.
Lighting in accordance with § 250-70.
Churches and religious institutions when permitted as a conditional
use shall comply with the following:
A.
The minimum lot area shall be two acres.
B.
Uses permitted under church and religious institutions shall include:
(1)
Church, synagogue, or other places of worship.
(3)
Accessory uses, including the following:
(a)
Institutional classrooms.
(d)
Day-care facilities in accordance with § 250-46.
(e)
Rectory or other lodging for minister or priest.
(f)
Cemetery when in accordance with § 250-62 of this
chapter.
C.
Minimum side yards shall be 50 feet for either side yard and 125
feet aggregate.
D.
Other yard requirements shall be in accordance with the requirements
of the applicable district.
E.
Off-street parking in accordance with § 250-65.
F.
Landscaping in accordance with § 250-69.
G.
Screening and buffering in accordance with § 250-69.
H.
Lighting in accordance with § 250-70.
A.
The maximum length of such a building shall be 120 feet.
B.
Garden apartments shall be arranged in groups or clusters and not
in long rows parallel to street lines.
C.
To create architectural interest in the layout and character of housing
fronting streets, variations in setbacks, materials, and design shall
be used.
D.
The distance between any two buildings, either of which faces or
backs upon the other in whole or in part, shall not be less than 75
feet.
E.
The distance between the ends of two buildings, similarly oriented
and without openings or windows in the end walls, shall not be less
than 24 feet.
F.
The distance between any building face and a parking area shall not
be less than 20 feet.
G.
All multifamily developments shall be served by public water and
public centralized sewage disposal facilities.
The following provisions shall comply to sanitary landfills:
A.
The tract serving as a sanitary landfill shall contain a minimum
of 100 contiguous acres, undivided by streets, streams or rights-of-way.
All operations, including buildings, structures and grading shall
be set back a minimum of 200 feet from any property line or floodplain
district boundary.
B.
All sanitary landfills shall be completely enclosed by fencing to
deter trespassing and to prevent debris from blowing onto adjoining
properties and shall provide for a rodent-proof barrier.
C.
All sanitary landfills shall be designed and operated in accordance
with the requirements of the Pennsylvania Department of Environmental
Protection.
D.
Access to a sanitary landfill facility shall be from an arterial
or collector road to limit traffic congestion and excessive wear on
collector and local roads. The applicant must show structural capacity
of roads and levels of service on all roads used by trucks entering
and leaving the landfill.
E.
All trucks entering and leaving the landfill shall be covered. Roads
used for access within or adjacent to the tract shall be patrolled
daily to pick up and dispose of scattered and blowing refuse.
F.
All sanitary landfills shall annually submit a traffic plan for all
trucks entering and leaving the landfill.
G.
The sanitary landfills shall provide road maintenance and upgrade
any and all roads used by trucks entering and leaving the landfill
to provide for adequate infrastructure and maintenance of the road
surface.
H.
A performance bond shall be posted by the applicant prior to the
issuance of a permit by the Borough. The amount of the performance
bond shall be established by the Borough Engineer, and shall be an
amount which will adequately cover the transportation of refuse and
the removal of all facilities in the event the applicant cannot complete
the refuse program. Such performance bond shall not be used by the
Borough for any other purpose.
Such use shall be limited to an area of land, with or without
buildings, that is used for the storage of used or discarded materials,
including but not limited to wastepaper, rags, metal, building materials,
house furnishings, machinery, vehicles, and parts thereof, provided:
A.
The proposed use of an area shall not be detrimental to adjacent
land uses.
B.
There shall be maximum lot size of five acres.
C.
Such use shall be a minimum of 200 feet from any public road as measured
from the street line.
D.
The land area used for such purposes shall not be exposed to public
view from any residence or public street or road.
E.
Such uses shall be entirely enclosed by a solid fence or wall, at
least six feet high and constructed of plank boards, brick, cinder
block, or concrete, with access only through solid gates. Such fence
or wall shall be kept in good repair and neatly painted in uniform
color.
F.
A dense evergreen buffer shall be provided on the outside perimeter
of the fenced area. Evergreens shall be four to five feet in height
above ground at the time of planting and planted on ten-foot staggered
centers.
G.
The contents of such use shall not be placed or deposited to a height
greater than the height of the fence or wall herein prescribed.
H.
The storage of paper shall be within a building.
I.
The storage of toxic chemicals shall be prohibited.
J.
Dumping of trash or land fill operations and burning of any materials
shall specifically be prohibited.
K.
All such uses shall be sealed from groundwater contamination and
shall provide groundwater monitoring wells.
Such use shall be limited to an area of land, with or without
buildings, that is used for the storage of used or discarded materials,
administered by the municipality for the purpose of recycling, including
but not limited to wastepaper, metal, and glass, provided:
A.
The proposed use of an area shall not be detrimental to adjacent
land uses.
B.
There shall be maximum lot size of five acres.
C.
Such use shall be a minimum of 200 feet from any public road as measured
from the street line.
D.
The land area used for such purposes shall be hidden from public
view by an evergreen buffer so that it is not visible from neighboring
streets, residences, or other structures.
E.
There shall be no compacting of automobiles and no storage of auto
chassis from which usable parts have been removed.
F.
The storage of paper shall be within a building.
G.
The storage of toxic chemicals shall be prohibited.
H.
Dumping of trash or landfill operations and burning of any materials
shall specifically be prohibited.
I.
All such uses shall be sealed from groundwater contamination.
Such use shall be limited to paint spraying, body and fender
work, and custom body work, provided:
A.
All such work is performed within a building.
B.
All related automotive parts, refuse, and similar articles shall
be stored within a building or enclosed area.
Automotive sales shall be limited to the sale and lease of automobiles
by a duly franchised new car, truck, boat, or motorcycle dealership;
used car, truck, boat, or motorcycle sales; or car, truck, trailer,
motorcycle and/or boat rentals; farm machinery, or travel campers;
provided:
A.
Lighting. All outside lighting shall be directed in such a way as
not to create a nuisance to any adjacent property, and all lighting
shall be arranged and shielded so as to protect the street or highway
and adjoining property from direct glare or hazardous interference
of any kind.
B.
All facilities shall be located and all services be conducted within
the confines of the lot.
C.
All preparation, lubrication, repair or similar activities shall
be accessory and done within the building.
Such use shall be limited to cafeterias and eating establishments
in which the principal business is the sale of foods and/or beverages
in a ready-to-consume state for consumption either within the restaurant
building or for carry-out with consumption off the premises, provided:
A.
The use must have direct access to a collector or arterial street.
B.
There shall be only one point of ingress and only one point of egress
per collector or arterial street.
C.
Where a drive-in window is proposed, a stacking lane shall be provided
to serve a minimum of 10 cars. The stacking lane shall not be used
for parking lot circulation aisles, nor shall in it any way conflict
with through circulation of parking.
D.
A pedestrian walkway shall be provided between an existing sidewalk
and the entrance to the restaurant. If there is no sidewalk, one shall
be provided along the street frontage.
E.
All such restaurants shall provide a trash storage area which shall
be screened from the street and adjacent properties, in accordance
with this chapter, to prevent trash from blowing from the area, and
to permit safe and easy removal of the trash.
F.
Trash receptacles shall be provided outside the restaurant for patron
use.
A service station shall be limited to a building or group of
buildings for the sale of petroleum products, tires, and automotive
service, provided:
A.
Minimum lot width of not less than 100 feet shall be provided along
each street on which the lot abuts.
B.
The minimum lot area shall be one acre.
C.
Such use shall be located on an arterial or a higher order road.
D.
All fuel tanks shall be placed underground.
E.
All pumps, lifts, and other service facilities shall be located no
closer than 35 feet to any lot or street line.
F.
No vehicle shall be stored in the open, except those awaiting minor
repairs, for a period not to exceed seven consecutive days, unless
screened from adjacent roads or residential properties.
G.
All lubricating, making of minor repairs, or similar activities shall
be performed in an enclosed building.
H.
Separate accessways shall be provided for the safe and convenient
egress and ingress of motor vehicles. No accessway shall exceed 35
feet in width nor be less than 15 feet in width.
I.
Access to the street shall be physically controlled by a concrete
curbing at least eight inches in height.
J.
All parking, access, and outdoor service areas shall be graded, surfaced,
drained and suitably maintained to the satisfaction of the Borough
Engineer to the extent necessary to avoid nuisances of dust, erosion,
or excessive water flow across streets.
K.
All automobile parts and similar articles shall be stored within
a building.
L.
All refuse shall be stored within a building or enclosed area.
M.
Paint-spraying or body and fender work shall not be permitted.
N.
Junk vehicles shall not be stored in the open at any time.
O.
The sale or rental of automobiles, trucks, trailers, or other vehicles
shall be prohibited.
P.
Convenience shopping shall be permitted as an accessory use to the
sale of petroleum products, provided:
(1)
It shall be in lieu of the sale of tires and automotive service.
(2)
The use shall occupy no more than 50% of the service station building.
Q.
Service stations designed to offer to the public self-service facilities
for dispensing of gasoline and other motor vehicle fuels shall meet
the following conditions:
(1)
At least one qualified attendant shall be on duty while the station
is open to the public, whose primary function shall be to supervise,
observe and control dispensing of flammable or combustible liquids.
(2)
The attendants shall be situated so as to have a clear view of the
dispensing operations.
(3)
A voice communication system such as but not limited to an intercom
system shall be provided so as to allow direct voice communications
at all times between the person dispensing flammable or combustible
liquids and the attendant.
(4)
Emergency controls, including the main power shutoff, shall be conspicuously
posted in the immediate vicinity of the principal control or the dispenser
island.
(5)
Instructions for the operation of the dispensers shall be conspicuously
posted on either the dispenser or the dispenser island.
(6)
A list of emergency procedures and instructions shall be conspicuously
posted in the immediate vicinity of the principal control location
of the attendant.
(7)
Fire extinguishing and flammable liquids dispensing equipment shall
be approved through National Standards Testing.
(8)
At least one fire extinguisher shall be located within 25 feet of
each gasoline pump.
(9)
Warning signs shall be placed in a conspicuous place with each sign
indicating "Warning: (a) it is unlawful to dispense gasoline into
any portable container unless the container is constructed of metal
or is approved by the Fire Marshall; (b) No smoking; (c) Stop motor."
A.
Application procedure.
(1)
Permits required.
(a)
All applications for a certificate of registration shall be
made by the landowner or his authorized representative in accordance
with the Rules and Regulations, Commonwealth of Pennsylvania, Department
of Environmental Protection, Chapter 4, Article 415, Regulations for
Mobile Home Parks, adopted October 30, 1959, as amended.
(b)
It shall be unlawful for any person to maintain, construct,
alter, or extend any mobile home park within the limits of the Borough,
unless he holds a valid certificate of registration issued by the
Pennsylvania Department of Environmental Protection in the name of
such person and also a permit issued by the Borough.
(c)
All mobile homes shall bear the Commonwealth of Pennsylvania's
seal of approval.
(2)
Application for initial mobile home park permit.
(a)
Application for development of a lot or parcel of land for mobile
home park purposes shall be made and approved or approved as modified
before any zoning permit for such use shall be issued.
(b)
Application for a mobile home park permit shall follow the requirements
and procedures of Chapter 213, Subdivision and Land Development.
(c)
In addition to the requirements contained in Chapter 213, Subdivision
and Land Development, an application for preliminary or final approval
of a mobile home park shall indicate by drawings, diagrams, maps,
tests, affidavit or other legal instrument, the following:
[1]
The placement, location, and number of mobile home lots and
mobile home pads on a layout map of the parcel at a scale of one inch
equals not more than 40 feet.
[2]
The location and dimension of all driveways, pedestrian ways,
sidewalks, and access roads with notation as to type of impervious
cover.
[3]
The location and dimension of all parking facilities.
[4]
The location, dimension, and arrangement of all areas to be
devoted to lawns, buffer strips, screen planting, and recreation.
[5]
Location and dimension of all buildings existing or proposed
to be built and all existing tree masses and trees of over six-inch
caliper.
[6]
Proposed provisions for handling of stormwater drainage, street
and on-site lighting, water supply, and electrical supply in the form
of written and diagrammatic analysis with calculations and conclusions
prepared by a registered professional engineer.
[7]
Three copies of the application submitted to and approved by
the Department of Environmental Protection.
(3)
Permitting.
(a)
Upon receipt of the final plan with the recommendations of the
Planning Commission attached thereto, the Borough Council shall review
the final plan for compliance with the provisions of Chapter 213,
Subdivision and Land Development.
(b)
Upon approval of the final plan and payment of the required
fees, the Borough Council shall issue a mobile home park permit to
the owner which shall be valid for a period of one year thereafter.
(c)
Renewal permits shall be issued annually by the Borough Council
upon the furnishing of proof by the applicant that his park continues
to meet the standards prescribed by the Pennsylvania Department of
Environmental Protection and Chapter 213, Subdivision and Land Development.
(d)
A building inspector or other Borough officer may inspect a
mobile park at reasonable intervals and at reasonable times to determine
compliance with Chapter 213, Subdivision and Land Development.
(e)
The permit shall be conspicuously posted in the office or on
the premises of the mobile home park at all times.
(4)
Compliance of preexisting mobile home parks.
(a)
Mobile home parks in existence at the date of the adoption of
this chapter and being duly authorized to operate as same by the Department
of Environmental Protection may be continued so long as they otherwise
remain lawful.
(b)
Preexisting mobile home parks shall be required to submit an
existing lot plan, drawn to scale, when applying for a mobile home
park permit as required under this chapter.
(c)
Any subsequent new construction, alteration of extension of
a preexisting mobile home park shall comply with the provisions of
this chapter.
(d)
Any preexisting mobile home park which in the opinion of the
Borough Council creates a fire, safety, or health hazard shall be
required to comply with the applicable provisions of this chapter,
within a reasonable period of time as determined by the same body.
(5)
Individual mobile homes.
(a)
Individual mobile homes not located in a mobile home park shall
not be required to obtain a mobile home permit; however, they shall
be required to obtain a building permit.
(b)
Individual mobile homes shall comply with all other applicable
Borough ordinances and regulations that govern single-family home.
B.
Development standards.
(1)
Site requirements.
(a)
The minimum area requirement for mobile home parks shall be
five acres.
(b)
The location of all mobile home parks shall comply with the
following minimum requirements:
[1]
Free from adverse influence by swamps, marshes, garbage or rubbish
disposal areas, or other potential breeding places for insects or
rodents.
[3]
Not subject to hazards or nuisance such as excessive noise,
vibration, smoke, toxic matter, radiation, heat, odor, or glare.
(2)
Soil and ground cover requirements.
(a)
Unpaved and exposed ground surfaces in all parts of every park
shall be covered with stone screenings or other solid material or
protected with a vegetative growth that is capable of preventing soil
erosion and the emanation of dust during dry weather.
(b)
Park grounds shall be maintained free of vegetative growth which
is a nuisance or poisonous or which may harbor rodents, insects, or
other pests in sufficient quantities as to be harmful to man.
(3)
Areas for nonresidential use.
(a)
No part of any park shall be used for nonresidential purposes
except such uses that are required for direct servicing or recreation
for the residents of the park and for the management and maintenance
of the park.
(b)
In the event the landowner shall be in the business of selling
or renting mobile homes, such business shall be conducted in the interior
of and not at the edge of the mobile home park.
(4)
Mobile home lots or sites.
(a)
Mobile home lots or sites within the park shall have a minimum
gross area of 5,000 square feet exclusive of walkways and streets
or roads and shall be no less than 50 feet wide, the corners of each
such space to be indicated by markers, flush with the ground.
(b)
The area of the mobile home lots or sites shall be improved
to provide an adequate foundation for the placement of the mobile
home. The mobile home lot or site shall be designed so as not to heave,
shift or settle unevenly under the weight of the mobile home because
of frost action, inadequate drainage, vibration, or other forces acting
on the superstructures.
(5)
Required setbacks, buffer strips and screening.
(a)
All mobile homes shall be located at least 50 feet from any
park property boundary line abutting upon a public street or highway
right-of-way, and at least 40 feet from any other park property boundary
lines.
(b)
All mobile home parks shall be required to provide an attractive
visual screen along the boundary of the mobile home park, as follows:
[1]
Such screening shall consist of mixed evergreen plant material
of varying species.
[2]
At the time of planting, a sufficient amount of evergreen material
to visually screen the property shall be at least six feet in height
(after planting). The remainder of plantings may be of varying lesser
heights.
[3]
The plantings shall be maintained permanently and replaced within
six months in the event of death of any plant material. The plantings
shall not be placed closer than three feet from any property line.
[4]
All existing deciduous and evergreen trees above two inches
in caliper and/or six feet in height shall be preserved in the buffer
areas, except where clearance is required to insure sight distance.
[5]
Generally, a minimum of 35% of plant material shall be evergreen
and 10% flowering material.
(6)
Erection and placement of mobile homes.
(a)
Mobile homes shall be separated from each other and from service
buildings and other structures by at least 30 feet.
(b)
An accessory structure, which has a horizontal area exceeding
25 square feet, is attached to a mobile home or located within 10
feet of its window, and has an opaque or translucent top or roof that
is higher than such window shall, for purposes of this section, be
considered to be part of the mobile home.
(c)
An enclosure of compatible design and materials shall be erected
around the base of each mobile home. Such enclosure shall provide
sufficient ventilation to inhibit decay and deterioration of the structure.
(d)
The park management shall supervise the placement of each mobile
home on its pad, placement to include securing the mobile home and
the installation of all utility connections. All utility connections
shall be within easy access of the pad and close enough to the mobile
home to avoid splicing. In making connections, rubber gaskets shall
be used and, under no circumstances, shall utility lines be taped
together.
(7)
Park, street or road system.
(a)
All park streets or roads shall be constructed to the standards
specified for local access streets as described in Chapter 213, Subdivision
and Land Development.
(b)
At intervals of no more than 150 feet on all such streets, the
entire width thereof shall be raised by a bump of no less than three
inches.
(c)
Storm drainage shall be provided in accordance with Chapter 213, Subdivision and Land Development.
(d)
No structure, fence, tree, shrub, or other planting shall be
maintained between a plane two feet above the street level and a plane
seven feet above the street level so as to interfere with traffic
visibility across the corner within the triangle bounded by the intersecting
street lines and a-straight line drawn between points on each street
25 feet from the intersection of said street lines.
(e)
No streetlight shall shine directly upon any mobile home unit
or upon any adjacent property.
(8)
Off-street parking areas and walks.
(a)
Off-street parking for at least two motor vehicles shall be
provided at each mobile home site. Each parking stall shall be at
least 10 feet by 20 feet and shall be of either gravel or macadam
construction, which shall be specified in the plan. Off-site common
parking areas may be provided in lieu of parking stalls at each mobile
home site; but, in such case, parking stalls shall be provided a the
ratio of two stalls for each mobile home site. The parking stalls
shall be within 100 feet of the home site which they will serve.
(b)
Additional off-street parking spaces for vehicles of nonresidents
shall be provided at the rate of one space for each two units. On-street
parking shall be prohibited on internal roads and it shall be the
duty of the owner or operator of the mobile home park to enforce this
provision.
(c)
All mobile home parks shall provide safe, convenient, asphalt
or concrete pedestrian walkways of at least four feet in width between
the park streets and all community facilities provided for park residents.
(d)
All mobile home sites shall be connected to common walks, and
to streets, driveways or parking spaces connecting to a paved street.
(9)
Open space requirement.
(a)
At least 20% of the total land area of the mobile home park,
exclusive of setback and buffer areas, shall be set aside for recreation
and open space areas.
(b)
At least 50% of the open space and recreation area shall be
located in one place and at least 25% thereof shall be in an area
not subject to flooding and shall be usable for active recreational
purposes.
(c)
Selection of the area shall preserve in its natural state any
watercourse or hilly or wooded area.
(d)
Areas shall provide recreation accessible to all residents of
the mobile home park.
(e)
Areas shall be landscaped with a water-absorbent surface except
for recreational facilities and walkways, which shall utilize a hard
surface.
(f)
Areas shall be maintained by the mobile home park operator.
(10)
Service building and other community service facilities.
(a)
All buildings shall be properly protected from damage by ordinary
uses and by decay, corrosion, termites, and other destructive elements.
Exterior portions shall be of such material and be so constructed
and protected as to prevent entrance or penetration of moisture and
weather.
(b)
All structures containing laundry or toilet facilities shall
have sound-resistant walls extending to the ceiling between male and
female sanitary facilities. Walls and partitions in lavatory and other
plumbing fixtures shall be constructed of dense, nonabsorbent, waterproof
material to prevent entrance or penetration of moisture and weather.
All structures shall have at least one window or skylight facing directly
to the outdoors. The minimum aggregate gross area of windows for each
required room shall be not less than 10% of the floor area served
by them. For purposes of ventilation, at least one window must be
capable of being easily opened; if not, a mechanical device shall
be required which will adequately ventilate the room.
(11)
Water supply and distribution.
(a)
Source of supply.
[1]
The water supply shall be capable of supplying a quantity of
potable water meeting or exceeding the standards specified by the
Pennsylvania Department of Environmental Protection at the time of
construction. Public water supply shall be preferred.
[2]
The well or suction line of the water supply system shall be
located and constructed in such a manner that neither underground
nor surface contamination will reach the water supply from any source.
[3]
No well casings, pumps, pumping machinery or suction pipes shall
be placed in any pit, room or space extending below ground level nor
in any room or space above ground which is walled in or otherwise
enclosed, unless such rooms, whether above or below ground, have free
drainage by gravity to the surface of the ground.
[4]
Water supply treatment, if necessary, shall be in accordance
with the requirements of the Pennsylvania Department of Environmental
Protection.
(b)
All water storage facilities shall be covered, watertight and
constructed of impervious material. Overflows and vents of such reservoirs
shall be effectively screened. Manholes shall be constructed with
overlapping covers, so as to prevent the entrance of contaminated
materials. Reservoir overflow pipes shall discharge through an acceptable
air gap.
(c)
Water distribution system.
[1]
All water piping, fixtures and other equipment shall be constructed
and maintained in accordance with state and local regulations.
[2]
The water piping system shall not be connected with nonpotable
or questionable water supplies and shall be protected against the
hazards of backflow or back-siphonage.
[3]
The system shall be so designed and maintained as to provide
a pressure not less than 20 pounds per square inch, under normal operating
conditions, at service buildings and other locations requiring potable
water supply.
[4]
Where a public supply of water is provided, fire hydrants shall
be installed.
(d)
Individual water-riser pipes and connections.
[1]
Individual water-riser pipes shall be located within the confined
area of the mobile home and stand at a point where the water connection
will approximate a vertical position, thereby insuring the shortest
water connection possible and decreasing susceptibility to water pipe
freezing.
[2]
The water-riser pipe shall have a minimum inside diameter of
3/4 inch and terminate at least four inches above the ground surface.
The water outlet shall be provided with a cap when a mobile home does
not occupy the lot.
[3]
Adequate provisions shall be made to prevent freezing of service
lines, valves, and riser pipes and to protect risers from heaving
during freezing weather. Surface drainage shall be diverted from the
location of the riser pipe.
[4]
A shutoff valve below the frost line shall be provided near
the water-riser pipe on each mobile home lot. Underground stop-and-waste
valves are prohibited unless their types of manufacture and their
method of installation are approved by the Borough Council.
(12)
Sewage disposal.
(a)
An adequate and safe sewerage system shall be provided in all
parks for conveying and disposing of sewage from mobile homes, service
buildings, and other accessory facilities. Such system shall be connected
to a public sewerage system if possible and shall be designed, constructed,
and maintained in accordance with the health regulations of the Pennsylvania
Department of Environmental Protection.
(b)
Individual sewer connections.
[1]
Each mobile home shall be provided with at least a four-inch
diameter sewer riser pipe. The sewer riser pipe will be located on
each stand so that the sewer connection to the mobile home drain outlet
will approximate a vertical position.
[2]
The sewer connection shall have a nominal inside diameter of
not less than three inches, and the slope of any portion thereof shall
be at least 1/4 inch per foot. All joints shall be watertight.
[3]
All materials used for sewer connections shall be semirigid,
corrosive-resistant, nonabsorbent, and durable. The inner surface
shall be smooth.
[4]
Provision shall be made for plugging the sewer riser pipe when
a mobile home does not occupy the lot. Surface drainage shall be diverted
away from the riser. The rim of the riser pipe shall extend at least
1/2 inch above ground elevation.
(c)
Sewer and water lines. Sewer and water lines shall be laid in
separate trenches with a horizontal distance of at least 10 feet from
each other, except that these lines may be laid in the same trench
by placing the water pipe on a shelf of undisturbed earth above and
to one side of the caulked tight sewer line. All sewer lines shall
be constructed of approved materials by the Pennsylvania Department
of Environmental Protection and shall have watertight joints and shall
conform to the Borough's Basic Plumbing Code.
(d)
Sewage treatment and discharge. Where the sewer lines of the
mobile home park are not connected to a public sewer, all proposed
sewage disposal facilities shall be approved by the Pennsylvania Department
of Environmental Protection and the Borough Council prior to construction.
(e)
Wherever a mobile home park shall contain 25 or more mobile
home units, a package sewage treatment plant shall be required.
(13)
Refuse disposal.
(a)
The storage, collection and disposal of refuse in the mobile
home park shall be so managed as to minimize health hazards and air
pollution.
(b)
All refuse shall be stored in flytight, watertight, rodentproof
containers, which shall be located not more than 150 feet away from
any mobile home space. Containers shall be provided in sufficient
number and capacity to properly store all refuse as required by the
Pennsylvania Department of Environmental Protection. Rubbish shall
be collected and disposed of as frequently as may be necessary to
insure that the containers shall not overflow.
(14)
Fuel supply and storage.
(a)
Liquefied petroleum gas systems.
[1]
The design, installation, construction, and maintenance of containers
and pertinent equipment for the storage and handling of liquefied
petroleum gases shall conform to the provisions of the Act of December
27, 1951, P.L. 1793, as amended, and the regulations promulgated pursuant
thereto by the Pennsylvania Department of Labor and Industry, its
successors, or other governmental agency having jurisdiction thereof.
[2]
Liquefied petroleum gas systems provided for mobile homes, service
buildings, or other structures when installed shall be maintained
in conformity with the rules and regulations of the Pennsylvania Department
of Labor and Industry and shall include the following:
[a]
Systems shall be provided with safety devices to
relieve excessive pressures and shall be arranged so that the discharge
terminates at a safe locations.
[b]
Systems shall have at least one accessible means
for shutting off gas at each mobile home site. Such means shall be
located outside the mobile home and shall be maintained in effective
operating condition.
[c]
All liquefied petroleum gas piping outside of the
mobile home shall be well supported and protected against mechanical
injury. Undiluted liquefied petroleum gas in liquid form shall not
be conveyed through piping equipment or systems in mobile homes.
[d]
Liquefied petroleum gas vessels shall be no more
than 60 U.S. gallons gross capacity and shall be maintained in a vertical
position and shall be securely, but not permanently, fastened to prevent
accidental overturning. No vessel shall be placed any closer to a
mobile home exit than five feet and no closer to any window than three
feet.
[e]
No liquefied petroleum gas vessel shall be stored
or located inside or beneath any storage cabinet, carport, mobile
home or any other structure.
[f]
All pipe connections shall be of a flare type.
(b)
Fuel oil supply systems.
[1]
All fuel oil supply systems provided for mobile homes, service
buildings and other structures shall be installed and maintained in
conformity with the Borough Building Code.
[2]
All piping from outside fuel storage tanks or cylinders to mobile
homes shall be securely, but not permanently, fastened in place.
[3]
All fuel oil supply systems provided for mobile homes, service
buildings and other structures shall have shutoff valves located within
five inches of storage tank.
[4]
All fuel storage tanks or cylinders shall be securely placed
and shall not be less than five feet from any mobile home exit, and
not less than three feet from any window.
[5]
Storage tanks located in areas subject to traffic shall be protected
against physical damage and screened from the street.
(15)
Utility distribution system.
(a)
All utilities shall be installed and maintained in accordance
with utility company specifications regulating such systems, and shall
be underground.
(b)
Power distribution lines. All direct conductors or cables shall
be buried at least 18 inches below the ground surface and shall be
insulated and specifically designed for the purpose. Such conductors
shall be located not less than one foot radial distance from water,
sewer, gas or communications lines.
(c)
Individual electrical connections.
[1]
Each mobile home lot shall be provided with an approved disconnecting
device and over-current protective equipment. The minimum service
outlet shall be 120/240 volts, 100 amperes.
[2]
The mobile home shall be connected to the outlet receptacle
by an approved type of flexible cable with connectors and a male attachment
plug.
[3]
Where the calculated load of the mobile home is more than 60
amperes, either a second outlet receptacle shall be installed or electrical
service shall be provided by means of permanently installed conductors.
(d)
Required grounding. All exposed non-current-carrying metal parts
of mobile homes and all other equipment shall be grounded by means
of an approved grounding conductor run with branch circuit conductors
or other approved method of grounded metallic wiring. The neutral
conductors shall not be used as an equipment ground for mobile homes
or other equipment.
(16)
Fire protection.
(a)
All mobile home parks shall be provided with fire hydrants to
meet the specifications of the Insurance Services Office of Pennsylvania
or successors, but in any case, in sufficient numbers to be within
600 feet of all existing and proposed structures and mobile homes,
measured by way of accessible streets.
(b)
Portable hand-operated fire extinguishers of a type suitable
for use on oil fires and approved by the local fire prevention authority
shall be kept in each service building under park control and shall
be required by the mobile home park operator to be placed in each
mobile home in the park, located inside the mobile home in a fixed
location preferably near a door, but not in close proximity to cooking
facilities.
(17)
Landscaping.
(a)
No portions of tree masses or trees with caliper of four inches
or greater shall be cleared unless obviously necessary for the proposed
mobile home park development. Operator shall make all reasonable efforts
to preserve existing trees.
(b)
In addition to plantings for buffered setbacks, a mobile home
park shall be subject to the following landscaping requirements:
[1]
Disturbed topsoil shall be stockpiled and replaced after construction.
[2]
Deciduous trees of varying species shall be planted in the mobile
home park at the ratio of two per mobile home. In the event that a
substantial portion of the tract is wooded and a substantial number
of trees remain after development, the governing body may modify this
requirement. Shade trees shall be preferred in the interest of moderating
unit temperature.
[3]
Deciduous or evergreen shrubs of varying species shall also
be planted within the mobile home park at a ratio of at least four
per mobile home.
[4]
Planting of landscape material shall be in accordance with a
plan prepared by a registered landscape architect, and shall be completed
within six months of approval of final plan. Failure to carry out
the landscaping plan within such time shall warrant denial of the
park's annual license under Subsection A hereof.
C.
Permits, licenses and inspections.
(1)
Permits required. It shall be unlawful for any person, firm, corporation,
or other entity to construct, maintain, alter, extend, or operate
a mobile home park within Stockertown Borough unless and until the
following are obtained:
(a)
A valid permit issued by the Pennsylvania Department of Environmental
Protection in the name of the landowner, for the specified construction,
alteration or extension proposed.
(b)
A license by Stockertown Borough.
(2)
Annual licenses. In addition to the initial permit and license, the
owner or operator of the mobile home park shall apply to the Secretary
of Stockertown Borough on or no more than 30 days prior to February
1 of each year for an annual license to continue operation of the
mobile home park. The Secretary shall issue the annual license upon
satisfactory proof that:
(a)
The park continues to meet the standards prescribed by the Pennsylvania
Department of Environmental Protection and any other state or county
agency having jurisdiction.
(b)
The park is in compliance with the standards and provisions
of this chapter.
(c)
The owner or operator holds a current and valid certificate
of registration issued annually by the Pennsylvania Department of
Environmental Protection for operation of the mobile home park.
(3)
Fees.
(a)
Fees for the initial application and preliminary and final approvals
shall be set by resolutions of the Borough Council.
(b)
The fee for the annual license shall be set by resolution of
the Council and shall be submitted to the Borough Secretary with the
application for the annual license.
(4)
Inspection.
(a)
Upon notification to the licensee, manager, or person in charge
of a mobile home park, a representative of Stockertown Borough may
inspect a mobile home park at any reasonable time to determine compliance
with this chapter.
(b)
Upon receipt of the application for annual license and before
issuing such annual license, the Borough Secretary or other designated
representative of Stockertown Borough shall make an inspection of
the mobile home park to determine compliance with this chapter. The
Borough Secretary or designated representative shall thereafter notify
the licensee of any instances of noncompliance with this chapter and
shall not issue the annual license until the licensee has corrected
all such violations.
D.
Maintenance.
(1)
Responsibilities of operator or owner.
(a)
The operator or owner shall have the following responsibilities:
[1]
To maintain all common facilities including, but not limited
to, roads, parking areas, sidewalks, pathways, common open space,
water supply and sewage disposal systems, and service buildings, in
a condition of proper repair, maintenance, and cleanliness in compliance
with all applicable Borough ordinances, codes, and regulations.
[2]
To notify the local office of the Pennsylvania Department of
Environmental Protection immediately of any suspected communicable
or contagious disease within the park.
(b)
If upon inspection by the Borough Secretary or his representative,
it is determined that the mobile home park is not in compliance with
the provisions of this section, the licensee shall be considered to
be in violation of this chapter and the Borough Secretary shall notify
the operator or licensee of the particulars of any such violation.
The operator or licensee shall thereafter have 30 days in which to
correct any such violations, except that if the violation is determined
by the Borough Secretary or his representative to constitute a hazard
to the health or safety of the residents of the mobile home park,
he shall order that the violation be corrected forthwith.
(2)
Maintenance bond.
(a)
The licensee of a mobile home park shall, prior to issuance
of any certificate of occupancy pursuant to final approval of an application,
post with the Borough a maintenance bond as described in Chapter 213,
Subdivision and Land Development, in an amount sufficient to cover
for a period of two years, the cost of maintenance of all common facilities
as defined in this section, as determined by the Borough Secretary
or designated representative. The bond shall remain in effect for
the duration of the operation of the mobile home park.
(b)
In the event of noncompliance with an order pursuant to this
section, whether a thirty-day order or an order to correct violations
forthwith, the Borough may forfeit the maintenance bond and use the
proceeds thereof to effect corrections of the violations.
(3)
Registration of occupants. The operator shall maintain a register
of all occupants and notify the governing body of the Borough of the
names and address of all new occupants and of occupants who have departed.
All mobile home sites or lots shall be individually numbered so as
to facilitate the identification and location of each such site or
lot.
(4)
Moving mobile home. No mobile home may be installed in or removed
from a mobile home park unless the Borough Secretary has issued a
building permit therefor. No such permit may be issued until the Borough
Secretary receives a removal permit issued by the local tax collector
demonstrating compliance with the Act of December 15, 1969, P.L. 362,
S1.
(5)
Construction performance bond. Before final approval is given for
the construction of a mobile home park, the landowner must furnish
a performance bond to the Borough in the amount of 110% of the estimated
construction costs for the construction of all common facilities and
improvements, as determined by the Borough Engineer.
E.
Penalties.
(1)
Violation and penalties.
(a)
Any person, firm, or corporation who violates any provision
of this article or any agreement entered into pursuant to the provisions
of this article, or any person or knowingly commits, takes part in,
or assists in any such violation or who maintains any lot, tract,
or parcel in violation of this article, shall be punishable as provided
in § 250-93D.
(b)
Upon repeated violations by the same licensee (or holder), the
licensee's right to the issuance of a permit, or to continue
operation of the mobile home park under such a permit, may be suspended
for a fixed term or permanently revoked, after hearing and notice,
subject to the right of appeal to a Court of competent jurisdiction
as by law provided.
(2)
Violation notices, hearings and orders. Notice of violations of the
provisions of this chapter, or of any regulations adopted pursuant
hereto, are subject to the following procedures:
(a)
Notice of the violation shall be given in writing and shall
specify the violations.
(b)
Notice may be served by certified mail or by personal service,
either of which shall be directed to the license holder.
(c)
Notice shall contain the specific remedial action necessary
to correct the violations so as to effect compliance with the provisions
of this chapter and with the regulations adopted pursuant hereto.
(d)
Notice shall specify a period of time within the provisions
of Subsection E(1).
(3)
Appeals.
(a)
Subject to the provisions of this section, any licensee issued
a notice of violation of the provisions of this article shall have
a right of appeal to the Stockertown Borough Council, provided such
appeal is filed within 10 days from the date of service of such notice
setting forth with particularity the ground for such appeal.
(b)
Upon submission of any appeal pursuant to the provisions hereof,
the appellant shall deposit with the Borough Secretary such sum as
is designated by resolution of the Borough Council. All costs, fees,
and expenses incurred in connection with the appeal shall be charged
against the appellant including the cost of preparation and mailing
of notices of hearings and decisions, cost of legal publication, cost
of appearance fees of court reporters, and cost of an original of
the transcript of Notes of Testimony. If at any time the charge as
then made against the appellant's deposit shall render the balance
insufficient to ensure the payment of all costs, expenses, charges,
and fees that may accrue in the disposition of the appeal, the Council
may require additional deposits to be made to assure adequate funds
to pay for the appeal costs and expenses. The Council's failure
to demand additional deposits shall not relieve the applicant of liability
for such costs and charges.
(c)
Upon the appellant's failure to pay the deposits additionally
required within 10 days or prior to the next scheduled hearing, whichever
be the earlier date, the Council may:
[1]
Continue the matter generally until such deposits are paid,
in which event the time within which a decision must be rendered shall
cease to run;
[3]
Determine the appeal upon the record as it then stands; or
[4]
Take such further action as it deems proper under the circumstances.
(d)
Hearing upon an appeal shall be held within 30 days of the filing
of such appeal.
(e)
The proceedings at such hearing, including the finding and decision
of the Council, together with a copy of every notice and order related
thereto, shall be entered as a matter of public record in the office
of the Borough Secretary. The Notes of Testimony of the hearings held
pursuant to such notice need not be transcribed unless required by
the Council or in the event of appeal.
(f)
Notice of the decision of the Council shall be rendered and
notice sent to the licensee within 30 days of the conclusion of such
hearing or hearings, or where a transcript of the proceedings is taken,
within 30 days of the Council's receipt of such transcript. Upon
failure of the licensee to comply with any order sustaining or modifying
the notice of violation, the permit of the mobile home park affected
by the order shall be revoked.
(g)
Appeal from the Council's decision shall be as provided
by law.
The following standards shall apply to cemetery use where permitted
by this chapter:
A.
The minimum lot area for a cemetery shall be five acres.
B.
Individual plots shall be set back a minimum of 50 feet from all
tract boundaries and public rights-of-way.
C.
An application for cemetery use shall include the following:
(1)
A master plan identifying the overall layout of plots, internal road
network, buildings and other improvements.
(2)
A valid permit issued from the Pennsylvania Department of Health.
(3)
A narrative of how the cemetery will be developed and maintained.
A.
The applicant shall demonstrate that it is licensed by the Federal
Communications Commission to operate a communications tower, if applicable,
and communications antennas.
B.
The applicant shall demonstrate that the proposed communications
tower and communications antennas proposed to be mounted thereon comply
with all applicable standards established by the Federal Communications
Commission governing human exposure to electromagnetic radiation.
C.
Communications towers shall comply with all applicable Federal Aviation
Administration, Commonwealth Bureau of Aviation and applicable airport
zoning regulations.
D.
Any applicant proposing construction of a new communications tower
shall demonstrate that a good faith effort has been made to obtain
permission to mount the communications antennas on an existing building,
structure or communications tower. A good faith effort shall require
that all owners of potentially suitable structures within a 1/4 mile
radius of the proposed communications tower site be contacted and
that one or more of the following reasons for not selecting such structure
apply:
(1)
The proposed antennas and related equipment would exceed the structural
capacity of the existing structure and its reinforcement cannot be
accomplished at a reasonable cost.
(2)
The proposed antennas and related equipment would cause radio frequency
interference with other existing equipment for that existing structure
and the interference cannot be prevented at a reasonable cost.
(3)
Such existing structures do not have adequate location, space, access
or height to accommodate the proposed equipment or to allow it to
perform its intended function.
(4)
Addition of the proposed antennas and related equipment would result
in electromagnetic radiation from such structure exceeding applicable
standards established by the Federal Communications Commission governing
human exposure to electromagnetic radiation.
E.
Access shall be provided to the communications tower and communications
equipment building by means of a public street or easement to a public
street. The easement shall be a minimum of 20 feet in width and shall
be improved to a width of at least 10 feet with a dust-free, all-weather
surface for its entire length.
F.
A communications tower may be located on a lot occupied by other
principal structures and may occupy a leased parcel within a lot meeting
the minimum lot size requirements for the zoning district.
G.
Recording of a plan of subdivision or land development shall not
be required for a lease parcel on which communications tower is proposed
to be constructed, provided the communications equipment building
is unmanned.
H.
The applicant shall demonstrate that the proposed height of the communications
tower is the minimum height necessary to perform its function.
I.
The maximum height of any communications tower shall be 180 feet.
J.
The foundation and base of any communications tower shall be set
back from a property line (not lease line) located in any residential
district at least 100 feet and shall be set back from any other property
line (not lease line) at least 50 feet.
K.
The base of a communications tower shall be landscaped so as to screen
the foundation and base and communications equipment building from
abutting properties.
L.
The communications equipment building shall comply with the required
yards and height requirements of the applicable zoning district for
an accessory structure.
M.
The applicant shall submit certification from a Pennsylvania registered
professional engineer that a proposed communications tower will be
designed and constructed in accordance with the current structural
standards for Steel Antenna Towers and Antenna Supporting Structures,
published by the Electrical Industrial Association/Telecommunications
Industry Association and applicable requirements of the Borough's
building code.
N.
The applicant shall submit a copy of its current Federal Communications
Commission license; the name, address and emergency telephone number
for the operator of the communications tower; and a certificate of
insurance evidencing general liability coverage in the minimum amount
of $1,000,000 per occurrence and property damage coverage in the minimum
amount of $1,000,000 per occurrence covering the communications tower
and communications antennas.
O.
All communications towers shall be clearly marked.
P.
The site of a communications tower shall be secured by a fence with
a maximum height of eight feet to limit accessibility by the general
public.
Q.
No signs or lights shall be mounted on a communications tower, except
as may be required by the Federal Communications Commission, Federal
Aviation Administration or other governmental agency which has jurisdiction.
R.
Communications towers shall be protected and maintained in accordance
with the requirements of the Borough's building code.
S.
If a communications tower remains unused for a period of 12 consecutive
months, the owner or operator shall dismantle and remove the communications
tower within six months of the expiration of such twelve-month period.
T.
One off-street parking space shall be provided within the fenced
area.
A business or commercial activity administered or conducted
as an accessory use which is clearly secondary to the use as a residential
dwelling and which involves no customer, client or patient traffic,
whether vehicular or pedestrian, pickup, delivery or removal functions
to or from the premises, in excess of those normally associated with
residential use. A no-impact home-based business shall be subject
to requirements and regulations set forth in § 250-8.
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