These supplemental regulations shall apply in all districts
except where otherwise specified herein. Compliance with these regulations
is the responsibility of the applicant, subject to verification by
the Zoning Officer.
A.
Visibility at intersections. No obstruction to vision (except street
signs, utility poles or traffic signs approved by the Borough, and
existing buildings, posts, columns or trees) shall be erected, placed,
planted or allowed to grow in a manner that would impede vision between
a height of 36 inches and eight feet above the grades of the intersecting
streets. This area of unobstructed vision (i.e., clear sight triangle)
shall be determined by lines of sight between points that are a certain
distance (as specified in Table 360-23A) from the center point of
the intersection along the center line of both intersecting streets
(see example in Figure 360-23A). Distance from the street intersection
shall be determined as follows:
|
Table 360-23A: Determination of Clear Sight Triangle
| |
|---|---|
|
Width of Pavement of the Wider Intersecting Street
(feet)
|
Distance Along Center Line From Intersection
(feet)
|
|
Less than 29
|
30
|
|
30 to 39
|
40
|
|
40 to 49
|
50
|
|
50 to 59
|
60
|
|
60 to 69
|
70
|
|
Figure 360-23A
|
|---|
 |
B.
Modifications to height regulations. Chimneys, water tanks, solar
panels or other similar types of appurtenances usually required to
be placed above the roof level and not intended for human occupancy
shall be allowed to exceed maximum height regulations by 10 feet in
all districts. Appurtenance heights exceeding this allowance must
be approved by variance.
[Amended 4-17-2012 by Ord. No. 1013]
C.
Buildings to have access. All buildings hereafter erected or moved shall be on a lot adjacent to a public street or a private street approved by the Borough Council. All buildings shall be located on lots so as to provide safe and convenient access for servicing, fire protection and required off-street parking, per § 360-26.
D.
Corner lot restriction. On all corner lots there shall be provided
the minimum front yard setback, and a minimum of 150% of the required
side yard setback for the Zoning District in which the corner lot
is situated.
E.
Lots in two or more districts. Where a district boundary line(s)
divides any lot in single or joint ownership at the time such line
is established, the more restrictive district regulations shall apply.
F.
Lot area and lot width for lots not served with public water and/or
sanitary sewers. Any lot not served by a public water supply and/or
sanitary sewer system, and where municipal, county, state or federal
regulations require a higher standard for lot area or lot width than
is provided for in this chapter, shall be subject to the more restrictive
standards.
G.
Right-of-way line. For purposes of measuring front yard setback requirements,
the right-of-way line shall be established by actual deed or plan
description. If no deed or plan description exists, said right-of-way
line shall be established in all districts at a distance of 25 feet
from the center line of the road or street or 1/2 of the road or street
right-of-way, whichever is greater.
H.
Through lots. Where a lot extends from a street to an alley, the
property shall be deemed to front upon the street. Where a single
lot under individual or joint ownership extends from one public street
to another parallel or nearly parallel public street, the front lot
line shall be identified by the official U.S. postal address of any
structure on the lot.
I.
Changes to conforming uses or buildings. Any conforming use or building
may be repaired, maintained, restored or rebuilt to the same dimensions
existing at the time that use or building was originally constructed
or started. Any enlargement or addition to any conforming use must
comply with all area, setback, bulk, impervious coverage and other
requirements of this chapter.
J.
Applicability of additional standards and requirements. Applications
involving subdivisions, land development, changes in use and major
expansions are subject to the applicable sections of the Lewisburg
Subdivision and Land Development chapter.[1]
K.
Projections into setback areas. Exceptions to the setback area requirements in Article IV of this chapter shall be permitted only in the following instances:
(1)
Canopies, eaves, uncovered first-floor steps or landings, pergolas,
arbors, trellises or other architectural landscaping features not
required for structural support may project into required side, rear
or front yard setback areas, but by no more than three feet, as measured
from the wall of the structure.
(2)
Porches may project into the required front yard setback areas in
all residential districts a maximum of three feet, and into the rear
yard setback areas of all residential districts a maximum of 10 feet.
(3)
Fire escapes and stairs may project into the side or rear yard setback
areas no more than 20 feet but must include a minimum four-square-foot
landing which is within all lot lines.
(5)
Room air conditioning units may project into the required setback
areas by no more than 18 inches.
L.
Restrictions for solid waste disposal. Owners and/or operators of
facilities for the disposal of wastes subject to municipal, county,
state and/or federal regulations shall verify that all methods and
practices of solid waste disposal comply with all applicable municipal,
county, state or federal statutes, regulations or Ordinances.
M.
Restrictions for sewage and liquid waste disposal. Owners and/or
operators of facilities generating sewage and/or liquid waste subject
to municipal, county, state and/or federal regulations shall verify
that all sewage and liquid waste disposal practices comply with all
applicable municipal, county, state or federal statutes, regulations
or Ordinances.
N.
Restrictions for air pollution. Owners and/or operators of facilities
generating or potentially generating emissions subject to municipal,
county, state and/or federal regulations shall verify that all sources
of air pollution shall comply with all rules and regulations as defined
and established by any municipal, county, state or federal statute,
regulation or Ordinance.
O.
Forestry.
(1)
These provisions shall not apply to the harvesting of trees for personal
use or the clearing of trees for noncommercial uses.
(2)
Forestry uses shall not adversely impact jurisdictional wetlands.
(3)
Applicants for a zoning permit for forestry uses shall be required
to provide documentation that such operations will not adversely impact
plants or animals listed as rare, threatened or endangered in the
Pennsylvania Natural Diversity Index.
(4)
Applicants for a zoning permit for forestry shall be required to
provide documentation that such operations will not adversely impact
plants or animals deemed worthy of protection listed in the Natural
Areas Inventory for Union County.
(5)
Applicants for a zoning permit for forestry shall provide copies
of a forestry plan prepared by a professional forester and reviewed
and approved by the Union County Conservation District.
A.
All accessory structures shall conform to the bulk, area, height
and setback requirements established in each individual zoning district.
B.
Accessory structures are only permitted in the side or rear yards.
Structures accessory to any residential use or structure shall not
be erected less than 10 feet from any portion of the principal structure.
C.
Swimming pools. Private noncommercial swimming pools that are designed
to contain a water depth of 24 inches or more shall have a continuous
childproof barrier or fence not less than four feet in height above
the ground or deck level to surround the pool or yard in which the
pool is located. Access to the pool shall be regulated by a lockable
access way. Swimming pools with less than 24 inches shall be exempt.
D.
Antenna and satellite dishes. Any freestanding antenna or satellite
dish on a mast over 12 feet in height and any satellite dish greater
than 39 inches in diameter shall be considered an accessory structure.
Any antenna or satellite dish to be erected in the historic district
shall require a zoning permit and will be subject to HARB review,
if visible from the public right-of-way.
E.
Solar panels or other energy-generating devices. Any freestanding solar array or other energy-generating device shall be considered an accessory structure. Any such energy-generating device erected in the Historic District shall be subject to HARB review, if visible from the public right-of-way.
G.
Other accessory uses. Nothing in this section shall be construed
to limit other accessory uses not mentioned, so long as such uses
are demonstrably accessory to the principal permitted use of the lot
and do not create a threat to the public health, safety and welfare.
[Added 5-18-2021 by Ord. No. 1062]
A.
Regulations applicable to all tower-based wireless communications
facilities.
(1)
The following regulations shall apply to all tower-based wireless
communications facilities:
(a)
Procedures.
[1]
Any applicant proposing construction of a new tower-based
WCF shall submit plans to the Borough Zoning Officer for review by
the Borough and for conditional use approval by the Borough Council
in accordance with the requirements set forth herein.
[2]
The applicant shall prove that it is licensed by
the FCC to operate a tower-based WCF and that the proposed tower-based
WCF complies with all applicable standards established by the FCC
governing human exposure to electromagnetic radiation.
(b)
Development regulations. Tower-based wireless communications
facilities shall be developed in accordance with the following requirements:
[1]
Permitted subject to regulations. Any tower-based
WCF that is either not mounted on any existing structure or is more
than 25 feet higher than the structure on which it is mounted is permitted
in certain zoning districts as a conditional use, subject to the restrictions
and conditions prescribed herein and subject to the prior written
approval of the Borough. The Borough Council may grant conditional
use in accordance with the requirements herein.
[a]
Siting. Tower-based WCFs shall only be permitted
in the following districts by conditional use, subject to the requirements
and prohibitions of this section:
[b]
Coverage or capacity. An applicant for a tower-based
WCF must demonstrate that a gap in wireless coverage or capacity exists
and that the type of WCF and siting being proposed is the least intrusive
means by which to fill the gap in wireless coverage or capacity. The
existence or nonexistence of a gap in wireless coverage or capacity
shall be a factor in the Borough's decision on an application for
approval of tower-based WCFs.
[c]
Collocation. An applicant for a tower-based WCF
must demonstrate there is not suitable space on existing wireless
service facilities or other wireless service facility sites or on
other sufficient tall structure where the intended wireless service
facility can be accommodated and function as required by its construction
permit or license without unreasonable modification.
[d]
Site plan. An applicant for a tower-based WCF must
submit a full site plan to the Borough Zoning Officer which shall
include:
[i]
Written authorization from the property owner of
the proposed tower-based WCF site that such facility may be sited
on the property. Written authorization from the property owner consenting
to the making of the application to the Borough for conditional use.
Written acknowledgment from the property owner of being bound by this
section, the conditions of any site plan approval authorized by the
Borough, and all other requirements of this chapter and the Borough
Code.
[ii]
A site plan that is drawn to scale and shows the
following features: property boundaries; any tower guy wire anchors
and other apparatus; existing and proposed structures; scaled elevation
view; access road(s) location and surface material; parking area;
fences; power source(s); location and content of (any or warning)
signs; exterior lighting specifications; landscaping plan; land elevation
contours; existing land uses surrounding the site; proposed transmission
building and/or other accessory uses with details; elevations; and
proposed use(s).
[iii]
A written report, including information describing
the tower height and design; a cross section of the structure; engineering
specifications detailing construction of tower, base and guy wire
anchorage; information describing the proposed painting and lighting
schemes; information describing the tower's capacity, including the
number and type of antennas that it can accommodate; radio frequency
coverage including scatter plot analysis and the input parameters
for the scatter plot analysis; all tower structure information to
be certified by a registered professional engineer (PE) licensed by
the Commonwealth of Pennsylvania; and wireless telecommunications
data to be certified by an appropriate wireless telecommunications
professional.
[iv]
A written report, titled "Cost of Wireless Facilities
Removal" certified by a registered professional engineer (PE) licensed
by the Commonwealth of Pennsylvania, detailing the total cost of removing
and disposing of the tower, antenna, and related facilities.
[v]
All other uses ancillary to the tower-based WCF
and associated equipment (including a business office, maintenance
depot, vehicle storage, etc.) are prohibited from the tower-based
WCF site unless otherwise permitted in the zoning district in which
the tower-based WCF site is located.
[vi]
Where the tower-based WCF is located on a property
with another principal use, the applicant shall present documentation
that the owner of the property has granted an easement for the proposed
facility and that vehicular access is provided to the facility.
[vii]
An inventory of its existing wireless communications
facilities, including all tower-based, nontower and small WCFs, that
are either sited within the Borough or within 1/4 mile of the border
thereof. Such inventory shall include specific information about the
location, height, design, and use of each wireless communications
facility. The Borough may share such information with other applicants
applying for site plan approvals or special permit uses under this
section or other organizations seeking to locate antennas within the
Borough; provided, however, that the Borough is not, by sharing such
information, in any way representing or warranting that such sites
are available or suitable.
[viii]
The need for additional buffer yard treatments
shall be evaluated.
[ix]
Other information deemed to be necessary by the
Borough to assess compliance with this Section.
[2]
Siting hierarchy. All tower-based WCFs shall be
placed in the most favorable zoning district unless the WCF applicant
can demonstrate that placement in such zoning district is not technically
feasible. In order of preference from most preferable to least preferable,
tower-based WCFs shall be located in the following zoning districts:
[3]
Underground district. A tower-based WCF shall not
be located in, or within 300 feet of, an area in which utilities are
required to be located underground.
[4]
Historic district. A tower-based WCF shall not
be located in, or within 300 feet of, an area designated an historic
district.
[5]
Prohibited in open space and conserved lands. Tower-based
WCFs shall not be located within an open space or conserved land.
[6]
Prohibited in wetlands. No tower-based WCF shall
be located in, or within 500 feet of, wetlands or in the habitat of
threatened or endangered species.
[7]
Sole use on a lot. A tower-based WCF is permitted
as a sole use on a lot subject to the minimum lot area and yards complying
with the requirements for the applicable zoning district.
[8]
Combined with another use. A tower-based WCF may
be permitted on a property with an existing use, or on a vacant parcel
in combination with another residential, industrial, commercial, institutional
or municipal use, subject to the following conditions:
[a]
Existing use. The existing use on the property
may be any permitted use in the applicable district, and need not
be affiliated with the communications facility.
[b]
Minimum lot area. The minimum lot shall comply
with the requirements for the applicable district and shall be the
area needed to accommodate the tower-based WCF and guy wires, the
equipment building, security fence, and buffer planting.
[9]
Minimum setbacks for antenna support structures.
If a new antenna support structure is constructed (as opposed to mounting
the antenna on an existing structure), the minimum distance between
the support structure and any property line or right-of-way line shall
be equal to the height of the tower plus the distance of the corresponding
minimum yard setback (front, side and rear) for the zoning district
in which the lot is located and any other additional requirements
for that zoning district. Guy wires and accessory facilities must
also satisfy the minimum zoning district setback requirements.
[10]
Minimum setbacks for accessory structures. All antenna installations, including tower-based WCFs, shall comply with the accessory structure setback requirements in § 360-24, Accessory buildings, structures, and uses, and shall be mounted in the rear yard or on the roof unless reception is inhibited or visibility increased.
[11]
Separation. A tower-based WCF with a height greater
than 90 feet shall not be located within 1/4 of a mile from any existing
tower-based WCF with a height greater than 90 feet.
(c)
Timing of approval. All applications for tower-based WCFs shall be acted upon within 150 days of the receipt of a fully completed application for the approval of such tower-based WCF, including an application fee in the amount as provided in § 360-49, Schedule of fees, charges and expenses. If the Borough receives an application for a tower-based WCF and such application is not fully completed, then the Borough shall promptly notify the applicant that the application is not complete and the time for the approval of such application shall not commence until a fully completed application is received by the Borough.
(d)
Notice. No later than 30 days following the submission of an
application for a tower-based WCF and the scheduling of the public
hearing (if required), the WCF applicant shall mail notice to all
owners of every property within a 500-foot radius of the proposed
wireless communications facility. The applicant shall provide proof
of mailing of the notification to the Borough within 15 days of completion.
If a public hearing is required, notice of any hearing before the
Borough Council shall be published in a newspaper circulating within
the Borough at least 10 days prior to the date of said hearing; any
notices that may be required by the Borough Council shall be mailed
at least 10 days before such hearing. The preparation and cost of
publication and mailing of any notice required for such hearing shall
be at the cost and expense of the WCF applicant.
(e)
Collocation.
[1]
An application for a new tower-based WCF shall
not be approved unless the Borough finds that the wireless communications
equipment planned for the proposed tower-based WCF cannot be accommodated
on an existing or approved structure or building.
[2]
Any applicant proposing construction of a new tower-based
WCF outside the public rights-of-way shall demonstrate to the satisfaction
of the Borough, by written submission, that a good faith effort has
been made to obtain permission to mount the tower-based WCF antenna
on an existing building or structure. The Borough may deny any application
to construct a new tower if the applicant has not made a good faith
effort to collocate the antenna on an existing structure. A good faith
effort shall require that all owners of potentially suitable structures
within a 1/4 mile radius of the proposed tower-based WCF site be contacted
and that the applicant certifies in writing to the Borough Zoning
Officer that one or more of the following reasons for not selecting
such structure apply:
[a]
The proposed WCF and related equipment would exceed
the structural capacity of the existing structure and its reinforcement
cannot be accomplished at reasonable cost;
[b]
The proposed WCF and related equipment would cause
radio frequency interference with other existing equipment for that
existing structure and the interference cannot be prevented at reasonable
cost;
[c]
Such existing structure does not have adequate
location, space, access or height to accommodate the proposed equipment
or to allow it to perform its intended function; and/or
[d]
A commercially reasonable agreement cannot be reached
with the owner(s) of such structure.
(f)
Standard of care. Any tower-based WCF shall be designed, constructed,
operated, maintained, repaired, modified and removed in strict compliance
with all current applicable technical, safety and safety-related codes,
including, but not limited to, the most recent editions of the American
National Standards Institute (ANSI) Code, National Electrical Safety
Code, National Electrical Code, as well as the accepted and responsible
workmanlike industry practices of the Communications Infrastructure
Contractors Association (formerly, National Association of Tower Erectors).
Any tower-based WCF shall at all times be kept and maintained in good
condition, order and repair by qualified maintenance and construction
personnel, so that the same shall not endanger the life of any person
or any property in the Borough.
(g)
Wind and ice. All tower-based WCF structures shall be designed
to withstand the effects of wind and ice according to the standard
designed by the American National Standards Institute as prepared
by the engineering departments of the Electronics Industry Association,
and Telecommunications Industry Association (ANSI/EIA/TIA-222, as
amended). All tower-based WCF structures shall also be designed and
constructed to withstand the wind load for the place of installation
in accordance with the Pennsylvania Uniform Construction Code, but
not less than a wind load of 100 miles per hour.
(h)
Height. Any tower-based WCF shall be designed at the minimum
functional height. All tower-based WCF applicants must submit documentation
to the Borough justifying the total height of the structure. In no
case shall a WCF exceed a maximum height of 150 feet.
(i)
Public safety communications. No tower-based WCF shall interfere
with public safety communications or the reception of broadband, television,
radio or other communication services enjoyed by occupants of nearby
properties.
(j)
Maintenance. The following maintenance requirements shall apply:
[1]
Any tower-based WCF shall be fully automated and
unattended on a daily basis and shall be visited only for maintenance
or emergency repair.
[2]
Such maintenance shall be performed to ensure the
upkeep of the facility in order to promote the safety and security
of the Borough's residents.
[3]
All maintenance activities shall utilize nothing
less than the best available technology for preventing failures and
accidents.
[4]
The Borough reserves the authority to require the
repainting of all tower-based facilities where the painting of such
facilities is not regularly maintained.
(k)
Radio frequency emissions. No tower-based WCF may, by itself
or in conjunction with other WCFs, generate radio frequency emissions
in excess of the standards and regulations of the FCC, including but
not limited to, the FCC Office of Engineering Technology Bulletin
65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure
to Radio Frequency Electromagnetic Fields," as amended. The owner
or operator of such tower-based WCF shall submit proof of compliance
with any applicable radio frequency emissions standards to the Borough
Secretary on an annual basis. A tower-based WCF generating radio frequency
emissions in excess of the standards and regulations of the FCC shall
be considered an emergency. The Borough reserves the authority to
revoke the permit of any tower-based WCF generating radio frequency
emissions in excess of the standards and regulations of the FCC.
(l)
Historic buildings and districts. No tower-based WCF may be
located in, or within 300 feet of, any historic or preservation district,
property, building or structure that is listed on either the National
or Pennsylvania State Registers of Historic Places, or eligible to
be so listed, or is included in the official historic structures list
maintained by the Borough.
(m)
Signs. All tower-based WCFs shall post a sign in a readily visible
location identifying the name and phone number of a party to contact
in the event of an emergency. No other signage or display is permitted.
(n)
Lighting. Tower-based WCFs shall not be artificially lighted,
except as required by law. Towers shall be galvanized and/or painted
with a rust-preventive paint of an appropriate color to harmonize
with the surroundings. If lighting is required, the applicant shall
provide a detailed plan for sufficient lighting, demonstrating as
unobtrusive and inoffensive an effect as is permissible under state
and federal regulations.
(o)
Emergency power supplies. Any tower-based WCF shall be constructed
with both primary and secondary sources of electric power. The secondary
source of electric power shall be an electric generator, located on-site
and equipped with sufficient fuel reserves to supply continuous electric
power to operate the tower-based WCF and its antennas for a period
of 10 days. The secondary source of electric power shall not be used,
except in emergency situations involving the loss of the primary power
source. The WCF operator may activate the electric generator to test
the secondary power source or to perform routine maintenance on the
electric generator, provided that the WCF operator delivers written
notice to the Borough Manager at least five business days prior to
such electric generator testing or electric generator maintenance.
(p)
Noise. Tower-based WCFs shall be operated and maintained so
as not to produce noise in excess of applicable noise standards under
state law, this chapter and the Borough Code, except in emergency
situations requiring the use of an electrical generator, where such
noise standards may be exceeded on a temporary basis only.
(q)
Aviation safety. Tower-based WCFs shall comply with all federal
and state laws and regulations concerning aviation safety.
(r)
Inspection report requirements. No later than the first day
of December of each odd-numbered year, the owner of the tower-based
WCF shall have said tower-based WCF structure inspected by a Pennsylvania-licensed
and registered professional engineer (PE) who is regularly involved
in the maintenance, inspection, and/or erection of tower-based WCFs.
At a minimum, this inspection shall be conducted in accordance with
the tower inspection class checklist provided in the Electronics Industries
Association (EIA) Standard 222, Structural Standards for Steel Antenna
Towers and Antenna Support Structures. A copy of said inspection report
and certification of continued use shall be provided to the Borough
Secretary no later than the first day of March following the inspection.
Any repairs advised by the report shall be effected by the owner no
later than 60 calendar days after the report is filed with the Borough.
No later than 30 calendar days after completion of the aforesaid repairs,
the tower-based WCF structure shall again be inspected in accordance
with the parameters and requirements described herein.
(s)
Retention of experts. The Borough may hire any consultant(s)
and/or expert(s) necessary to assist the Borough in reviewing and
evaluating the application for approval of the tower-based WCF and,
once approved, in reviewing and evaluating any potential violations
of the terms and conditions of this section. The applicant and/or
owner of the WCF shall reimburse the Borough for all costs of the
Borough's consultant(s) in providing expert evaluation and consultation
in connection with these activities.
(t)
Nonconforming uses. Nonconforming tower-based WCFs, which are
hereafter damaged or destroyed due to any reason or cause, may be
repaired and restored at their former location, but must otherwise
comply with the terms and conditions of this section.
(u)
Removal. In the event that use of a tower-based WCF is planned
to be discontinued, the owner shall provide written notice to the
Borough of its intent to discontinue use and the date when the use
shall be discontinued. Unused or abandoned WCFs or portions of WCFs
shall be removed as follows:
[1]
All unused or abandoned tower-based WCFs and accessory
facilities shall be removed within six months of the cessation of
operations at the site unless a time extension is approved by the
Borough.
[2]
If the WCF and/or accessory facility is not removed
within six months of the cessation of operations at a site, or within
any longer period approved by the Borough, the WCF and accessory facilities
and equipment may be removed by the Borough and the cost of removal
assessed against the owner of the WCF. Any cost to the Borough for
such removal which is not paid under the owner's bond shall constitute
a lien on the tax lot on which the tower-based WCF is situated and
shall be collected in the same manner as a municipal tax or claim
on real property.
[3]
Any unused portions of tower-based WCFs, including
antennas, shall be removed within six months of the time of cessation
of operations. The Borough must approve all replacements of portions
of a tower-based WCF previously removed.
(v)
Public rights-of-way. No tower-based WCF shall be located, in
whole or in part, within the public rights-of-way.
(w)
Eligible facilities request.
[1]
Applicants proposing a modification to an existing
tower-based WCF that does not substantially change the dimensions
of the underlying structure shall be required only to obtain a building
permit from the Borough.
(x)
Design regulations:
[1]
Any height extensions to an existing tower-based
WCF shall require prior approval of the Borough. The Borough reserves
the right to deny such requests based upon aesthetic and land use
impact, or any other lawful considerations related to the character
of the Borough.
[2]
The tower-based WCF shall employ the most current
stealth technology available in an effort to appropriately blend into
the surrounding environment and minimize aesthetic impact. The application
of the stealth technology chosen by the WCF applicant shall be subject
to the approval of the Borough.
[3]
Any proposed tower-based WCF shall be designed
structurally, electrically, and in all respects to accommodate both
the tower-based WCF applicant's antennas and comparable antennas for
future users.
[4]
All utilities that are extended to the site of
the tower-based WCF shall be placed underground.
(y)
Surrounding environs:
[1]
The tower-based WCF applicant shall ensure that
the existing vegetation, trees and shrubs located within proximity
to the tower-based WCF structure shall be preserved to the maximum
extent possible.
[2]
The tower-based WCF applicant shall submit a soil
report to the Borough complying with the standards of Appendix I:
Geotechnical Investigations, ANSI/EIA/TIA-222, as amended, to document
and verify the design specifications of the foundation of the tower-based
WCF, and anchors for guy wires, if used.
(z)
Fence/screen:
[1]
A security fence having a height of six feet shall
completely surround any tower-based WCF, guy wires, or any building
housing WCF equipment.
[2]
An evergreen screen shall be required to surround
the site. The screen can be either a hedge (planted three feet on
center maximum) or a row of evergreen trees (planted 10 feet on center
maximum). The evergreen screen shall be a minimum height of six feet
at planting and shall grow to a minimum of 15 feet at maturity.
[3]
Existing mature tree growth, vegetation, and natural
land forms on and around the site shall be preserved to the maximum
extent possible. In some cases, such as tower-based WCF sited on large,
wooded lots, natural growth around the property perimeter may be sufficient
buffer.
(aa)
Accessory equipment:
[1]
Ground-mounted equipment associated to, or connected
with, a tower-based WCF shall be underground or screened from public
view using stealth technologies, as described above.
[2]
All utility buildings and accessory structures
shall be architecturally designed to blend into the environment in
which they are situated and shall meet the minimum setback requirements
of the underlying zoning district.
(bb)
Additional antennas. As a condition of approval for all tower-based
WCFs, the WCF applicant shall provide the Borough with a written commitment
that it will allow other service providers to collocate antennas on
tower-based WCFs where technically and commercially reasonable. The
owner of a tower-based WCF shall not install any additional antennas
without obtaining the prior written approval of the Borough.
(cc)
Access road. An access road, turnaround space and parking shall
be provided to ensure adequate emergency and service access to tower-based
WCF. Maximum use of existing roads, whether public or private, shall
be made to the extent practicable. Road construction shall at all
times minimize ground disturbance and the cutting of vegetation. Road
grades shall closely follow natural contours to assure minimal visual
disturbance and minimize soil erosion. Where applicable, the WCF owner
shall present documentation to the Borough that the property owner
has granted an easement for the proposed facility. The easement shall
be a minimum of 20 feet in width and the access shall be improved
to a width of at least 10 feet with a dust-free, all-weather surface
throughout its entire length.
(dd)
Bond. Prior to the issuance of special permit use, the owner
of a tower-based WCF shall, at its own cost and expense, obtain from
a surety licensed to do business in Pennsylvania and maintain a bond
or other form of security acceptable to the Borough Solicitor. The
bond shall provide that the Borough may recover from the principal
and surety any and all compensatory damages incurred by the Borough
for violations of this section, after reasonable notice and opportunity
to cure. The owner shall file the bond with the Borough and maintain
the bond for the life of the respective facility. The owner of the
tower-based WCF shall maintain a bond in the following amounts:
[1]
An amount of $75,000 to assure the faithful performance
of the terms and conditions of this section.
[2]
An amount determined by the Borough Council based
on engineering estimates, to cover the cost of removing and disposing
of the antenna, tower, and related facilities. The Borough Council
may consider, but shall not be required to rely upon, applicant's
written report, titled "Cost of Wireless Facilities Removal" certified
by a registered professional engineer (PE) licensed by the Commonwealth
of Pennsylvania.
(ee)
Visual or land use impact. The Borough reserves the right to
deny an application for the construction or placement of any tower-based
WCF based upon visual and/or land use impact.
(ff)
Graffiti. Any graffiti on the tower-based WCF, including wireless
support structure or on any accessory equipment, shall be removed
at the sole expense of the owner within 10 days of notification by
the Borough.
(gg)
Inspection by Borough. The Borough reserves the right to inspect
any tower-based WCF to ensure compliance with the provisions of this
section and any other provisions found within this chapter, the Borough
Code, or state or federal law. The Borough and/or its agents shall
have the authority to enter the property upon which a tower-based
WCF is located at any time, upon reasonable notice to the operator,
to ensure such compliance.
B.
Regulations applicable to all nontower wireless facilities.
(1)
The following regulations shall apply to all nontower WCFs:
(a)
Procedures.
[1]
Any applicant proposing a nontower WCF to be mounted
on a building or any other structure shall submit detailed construction
and elevation drawings to the Borough Zoning Officer indicating how
the nontower WCF will be mounted on the structure, for review by the
Borough and for approval by the Borough Council, as a special permit
use, subject to the restrictions and conditions prescribed herein
and subject to the prior written approval of the Borough.
[2]
The applicant shall prove that it is licensed by
the FCC to operate a nontower WCF and that the proposed nontower WCF
complies with all applicable standards established by the FCC governing
human exposure to electromagnetic radiation.
(b)
Development regulations. Nontower WCFs shall be collocated on
existing structures, such as existing buildings or wireless support
structures, subject to the following conditions:
[1]
Permitted subject to regulations. Subject to the
restrictions and conditions prescribed herein, nontower WCFs are permitted
in certain zoning districts as a conditional use upon review by the
Borough Zoning Officer and approval by the Borough Council, in accordance
with the requirements herein.
[a]
Siting. Nontower WCFs shall be permitted in the
following zoning districts by conditional use, subject to the requirements
and prohibitions of this section:
[b]
Height. Any nontower WCF shall not exceed the maximum
height permitted in the applicable zoning district.
[c]
Equipment building. If the nontower WCF applicant
proposes to locate the communications equipment in a separate building,
the building shall comply with the minimum requirements for the applicable
zoning district.
[d]
Fencing. A security fence having a height of six
feet, shall surround any separate communications equipment building.
Vehicular access to the communications equipment building shall not
interfere with the parking or vehicular circulations on the site for
the principal use.
(c)
Site plan. An applicant for a nontower WCF must submit a full
site plan to the Borough Zoning Officer which shall include:
[1]
Written authorization from the wireless support
structure owner of the proposed nontower WCF site that such facility
may be sited on the wireless support structure. Written authorization
from the wireless support structure owner consenting to the making
of the application to the Borough for special permit use. Written
acknowledgment from the wireless support structure owner of being
bound by this section, the conditions of any site plan approval authorized
by the Borough, and all other requirements of this chapter and the
Borough Code.
[2]
A site plan that is drawn to scale and shows the
following features: property boundaries; existing and proposed structures;
existing and proposed use(s); existing and proposed antennas; existing
or proposed electrical power source; and scaled elevation view.
[3]
A written report including: information describing
the antenna height and design; a cross-section of the wireless support
structure; engineering specifications detailing attachment of the
antenna to the wireless support structure; information describing
the proposed painting and lighting schemes; radio frequency coverage
including scatter plot analysis and the input parameters for the scatter
plot analysis; all wireless support structure information to be certified
by a registered professional engineer (PE) licensed by the Commonwealth
of Pennsylvania; and wireless telecommunications data to be certified
by an appropriate wireless telecommunications professional.
[4]
A written report, titled "Cost of Nontower Wireless
Facilities Removal" certified by a registered professional engineer
(PE) licensed by the Commonwealth of Pennsylvania, detailing the total
cost of removing and disposing of antenna and related facilities.
[5]
An inventory of its existing wireless communications
facilities, including all tower-based, nontower and small WCFs, that
are either sited within the Borough or within 1/4 mile of the border
thereof. Such inventory shall include specific information about the
location, height, design, and use of each wireless communications
facility. The Borough may share such information with other applicants
applying for site plan approvals or special permit use under this
section or other organizations seeking to locate antennas within the
Borough; provided, however, that the Borough is not, by sharing such
information, in any way representing or warranting that such sites
are available or suitable.
[6]
Other information deemed to be necessary by the
Borough to assess compliance with this section.
(d)
Eligible facilities request.
[1]
Applicants proposing a modification to an existing
nontower WCF that does not substantially change the dimensions of
the underlying structure shall be required only to obtain a building
permit from the Borough.
[2]
In order to be considered for such permit, the
nontower WCF applicant must submit a building permit application to
the Borough in accordance with § 60-36, Permits.
(e)
Visual or land use impact. The Borough reserves the right to
deny an application for the construction or placement of any nontower
WCF based upon visual and/or land use impact.
(f)
Siting hierarchy. All nontower WCFs shall be placed in the most
favorable zoning district unless the WCF applicant can demonstrate
that placement in such zoning district is not technically feasible.
In order of preference from most preferable to least preferable, nontower
WCFs shall be located in the following zoning districts:
(g)
Historic buildings and districts. No nontower WCF may be located on, or within 300 feet of, any property, building, or structure that is listed on either the National or Pennsylvania State Registers of Historic Places, or eligible to be so listed, or is included in the official historic structures list maintained by the Borough. Any application proposing a nontower WCF to be constructed in the Borough Historic District shall comply with the Historic District design requirements of this section and all generally applicable Historic District requirements as established by this chapter and the Borough Code.
(h)
Prohibited in open space and conserved lands. Nontower WCFs
shall not be located within an open space or conserved land.
(i)
Timing of approval. All applications for nontower WCFs shall be acted upon by the Borough within 90 days of the receipt of a fully completed application for the approval of such WCF, including an application fee in the amount as provided in § 360-49, Schedule of fees, charges and expenses. If the Borough receives an application for a nontower WCF and such application is not fully completed, then the Borough shall promptly notify the applicant that the application is not complete and the time for the approval of such application shall not commence until a fully completed application is received by the Borough.
(j)
Retention of experts. The Borough may hire any consultant(s)
and/or expert(s) necessary to assist the Borough in reviewing and
evaluating the application for approval of the nontower WCF and, once
approved, in reviewing and evaluating any potential violations of
the terms and conditions of this section. The applicant and/or owner
of the nontower WCF shall reimburse the Borough for all reasonable
costs of the Borough's consultant(s) in providing expert evaluation
and consultation in connection with these activities.
(k)
Bond. Prior to the issuance of special permit use, the owner
of a nontower WCF shall, at its own cost and expense, obtain from
a surety licensed to do business in Pennsylvania and maintain a bond
or other form of security acceptable to the Borough Solicitor. The
bond shall provide that the Borough may recover from the principal
and surety any and all compensatory damages incurred by the Borough
for violations of this section, after reasonable notice and opportunity
to cure. The owner shall file the bond with the Borough and maintain
the bond for the life of the respective facility. The owner of the
nontower WCF shall maintain a bond in the following amounts:
[1]
An amount of $75,000 to assure the faithful performance
of the terms and conditions of this section.
[2]
An amount determined by the Borough Council based
on engineering estimates, to cover the cost of removing and disposing
of the antenna and related facilities. The Borough Council may consider,
but shall not be required to rely upon, applicant's written report,
titled "Cost of Nontower Wireless Facilities Removal" certified by
a registered professional engineer (PE) licensed by the Commonwealth
of Pennsylvania.
(l)
Design regulations.
[1]
Nontower WCFs shall employ stealth technology and
be treated to match the supporting structure in order to minimize
aesthetic impact. The application of the stealth technology chosen
by the WCF applicant shall be subject to the approval of the Borough.
[2]
Nontower WCFs, which are mounted to a building
or similar structure, may not exceed a height of 15 feet above the
roof or parapet, whichever is higher, unless the nontower WCF applicant
obtains a variance.
[3]
All nontower WCF applicants must submit documentation
to the Borough justifying the total height of the nontower support
structure. Such documentation shall be analyzed in the context of
such justification on an individual basis.
[4]
Antennas, and their respective accompanying support
structures, shall be no greater in diameter than any cross-sectional
dimension than is reasonably necessary for their proper functioning.
(m)
Standard of care. Any nontower WCF shall be designed, constructed,
operated, maintained, repaired, modified and removed in strict compliance
with all current applicable technical, safety and safety-related codes,
including but not limited to the most recent editions of the American
National Standards Institute (ANSI) Code, National Electrical Safety
Code, and National Electrical Code. Any WCF shall at all times be
kept and maintained in good condition, order and repair by qualified
maintenance and construction personnel, so that the same shall not
endanger the life of any person or any property in the Borough.
(n)
Wind and ice. All nontower WCF structures shall be designed
to withstand the effects of wind and ice according to the standard
designed by the American National Standards Institute as prepared
by the engineering departments of the Electronics Industry Association,
and Telecommunications Industry Association (ANSI/EIA/TIA-222, as
amended). All nontower WCF structures shall also be designed and constructed
to withstand the wind load for the place of installation in accordance
with the Pennsylvania Uniform Construction Code, but not less than
a wind load of 100 miles per hour.
(o)
Public safety communications. No nontower WCF shall interfere
with public safety communications or the reception of broadband, television,
radio or other communication services enjoyed by occupants of nearby
properties.
(p)
Radio frequency emissions. No nontower WCF may, by itself or
in conjunction with other WCFs, generate radio frequency emissions
in excess of the standards and regulations of the FCC, including but
not limited to, the FCC Office of Engineering Technology Bulletin
65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure
to Radio Frequency Electromagnetic Fields," as amended. The owner
or operator of such nontower WCF shall submit proof of compliance
with any applicable radio frequency emissions standards to the Borough
Secretary on an annual basis. A nontower WCF generating radio frequency
emissions in excess of the standards and regulations of the FCC shall
be considered an emergency. The Borough reserves the authority to
revoke the permit of any nontower WCF generating radio frequency emissions
in excess of the standards and regulations of the FCC.
(q)
Aviation safety. Nontower WCFs shall comply with all federal
and state laws and regulations concerning aviation safety.
(r)
Inspection report requirements. No later than the first day
of December of each odd-numbered year, the owner of the nontower WCF
shall have said nontower WCF inspected by a Pennsylvania-licensed
and registered professional engineer (PE) who is regularly involved
in the maintenance, inspection, and/or modification of nontower WCFs.
A copy of said inspection report and certification of continued use
shall be provided to the Borough Zoning Officer no later than the
first day of March following the inspection. Any repairs advised by
the report shall be effected by the owner no later than 60 calendar
days after the report is filed with the Borough. No later than 30
calendar days upon completion of aforesaid repairs, the nontower WCF
shall again be inspected in accordance with the parameters and requirements
described herein.
(s)
Maintenance. The following maintenance requirements shall apply:
[1]
The nontower WCF shall be fully automated and unattended
on a daily basis and shall be visited only for maintenance or emergency
repair.
[2]
Such maintenance shall be performed to ensure the
upkeep of the facility in order to promote the safety and security
of the Borough's residents.
[3]
All maintenance activities shall utilize nothing
less than the best available technology for preventing failures and
accidents.
(t)
Upgrade, replacement, modification.
[1]
The removal and replacement of nontower WCFs and/or
accessory equipment for the purpose of upgrading, replacing, modifying,
or repairing the nontower WCF is permitted, so long as such upgrade,
replacement, modification, or repair does not increase the overall
size of the nontower WCF or the number of antennas.
[2]
Any material modification to a nontower WCF shall
require a prior amendment to the original permit or authorization.
(u)
Removal. In the event that use of a nontower WCF is discontinued,
the owner shall provide written notice to the Borough of its intent
to discontinue use and the date when the use shall be discontinued.
Unused or abandoned WCFs or portions of WCFs shall be removed as follows:
[1]
All abandoned or unused nontower WCFs and accessory
facilities shall be removed within three months of the cessation of
operations at the site unless a time extension is approved by the
Borough.
[2]
If the nontower WCF or accessory facility is not
removed within three months of the cessation of operations at a site,
or within any longer period approved by the Borough, the WCF and/or
related facilities and equipment may be removed by the Borough and
the cost of removal assessed against the owner of the WCF. Any cost
to the Borough for such removal which is not paid under the owner's
bond shall constitute a lien on the tax lot on which the nontower
WCF is situated and shall be collected in the same manner as a Municipal
tax or claim on real property.
(v)
Graffiti. Any graffiti on the nontower WCF, including wireless
support structure or on any communications equipment or accessory
equipment, shall be removed at the sole expense of the owner within
10 days of notification by the Borough.
(w)
Public rights-of-way. No nontower WCF shall be located, in whole
or in part, within the public rights-of-way.
(x)
Signs. All nontower WCFs shall post a sign in a readily visible
location identifying the name and phone number of a party to contact
in the event of an emergency. No other signage or display is permitted.
(y)
Lighting. Nontower WCFs shall not be artificially lighted, except
as required by law. If lighting is required, the applicant shall provide
a detailed plan for sufficient lighting, demonstrating as unobtrusive
and inoffensive an effect as is permissible under state and federal
regulations.
(z)
Emergency power supplies. Where practicable, nontower WCFs shall
be constructed with both primary and secondary sources of electric
power. If included, the secondary source of electric power shall be
an electric generator, located on-site and equipped with sufficient
fuel reserves to supply continuous electric power to operate the nontower
WCF and its antennas for a period of 10 days. The secondary source
of electric power shall not be used, except in emergency situations
involving the loss of the primary power source. The WCF operator may
activate the electric generator to test the secondary power source
or to perform routine maintenance on the electric generator, provided
that the WCF operator deliver written notice to the Borough Manager
at least five business days prior to such electric generator testing
or electric generator maintenance.
(aa)
Noise. Nontower WCFs shall be operated and maintained so as
not to produce noise in excess of applicable noise standards under
state law, this chapter and the Borough Code, except in emergency
situations requiring the use of an electrical generator, where such
noise standards may be exceeded on a temporary basis only.
(bb)
Inspection by Borough. The Borough reserves the right to inspect
any nontower WCF to ensure compliance with the provisions of this
section and any other provisions found within this chapter, the Borough
Code, or state or federal law. The Borough and/or its agents shall
have the authority to enter the property upon which a nontower WCF
is located at any time, upon reasonable notice to the operator, to
ensure such compliance.
C.
Regulations applicable to all small wireless communications facilities.
(1)
The following regulations shall apply to small WCFs:
(a)
Development regulations.
[1]
Small WCFs are permitted by approval from the Borough
Zoning Officer in all zoning districts, subject to the requirements
of this section and generally applicable permitting as required by
this chapter and the Borough Code.
[2]
Small WCFs located within districts that require
utilities to be located underground shall be collocated on existing
or replacement wireless support structures. No new wireless support
structure may be installed for the purpose of supporting a small WCF
within districts that require utilities to be located underground.
[3]
Small WCFs located within the Borough Historic District shall be collocated on an existing wireless support structure. No new wireless support structure may be installed for the purpose of supporting a small WCF within the Borough Historic District.
[4]
Small WCFs in the public rights-of-way requiring
the installation of a new wireless support structure shall not be
located directly in front of any building entrance or exit.
[5]
All small WCFs shall comply with the applicable
requirements of the Americans with Disabilities Act and all applicable
streets and sidewalks requirements in this chapter and the Borough
Code.
(2)
Procedures.
(a)
Any applicant proposing a small WCF shall submit an application
to the Borough Zoning Office for site plan review by the Borough Zoning
Officer.
(b)
The applicant shall prove that it is licensed by the FCC to
operate a small WCF and that the proposed small WCF complies with
all applicable standards established by the FCC governing human exposure
to electromagnetic radiation.
(3)
Timing of approval.
(a)
Within 10 calendar days of the date that an application for
a small WCF is filed with the Borough Zoning Officer, the Borough
shall notify the WCF applicant in writing if an application is incomplete
and shall advise the WCF applicant of any information that may be
required to complete such application.
(b)
Within 60 days of receipt of a completed application for collocation
of a small WCF on a preexisting wireless support structure, the Borough
Zoning Officer shall make a final decision on whether to approve or
deny the application and shall notify the WCF applicant in writing
of such decision.
(c)
Within 90 days of receipt of a completed application for a small
WCF requiring the installation of a new wireless support structure,
the Borough Zoning Officer shall make a final decision on whether
to approve the application and shall notify the WCF applicant in writing
of such decision.
(4)
Eligible facilities request.
(a)
Small WCF applicants proposing a modification to an existing
small WCF that does not substantially change the dimensions of the
underlying structure shall be required only to obtain a building permit
from the Borough.
(b)
In order to be considered for such permit, the small WCF applicant must submit a building permit application to the Borough in accordance with § 360-36, Permits.
(c)
The timing of approval for small WCF applicants proposing a
modification to an existing small WCF that does not substantially
change the dimensions of the underlying structure shall be as follows:
[1]
Within 30 calendar days of the date that an application
for a modification to an existing small WCF that does not substantially
change the dimensions of the underlying structure is filed with the
Borough Zoning Office, the Borough shall notify the applicant in writing
if the application is incomplete and shall advise of any information
that may be required to complete such application.
[2]
An application for a modification to an existing
small WCF that does not substantially change the dimensions of the
underlying structure shall be deemed complete when all documents,
information and fees specifically enumerated in this chapter and the
Borough's other regulations and ordinances, and forms pertaining to
the location, modification or operation of wireless telecommunications
facilities are submitted by the applicant to the Borough. In case
of incompleteness of the application, the Borough shall promptly notify
the applicant that the application is not complete and the time for
the approval of such application shall not commence until a fully
completed application is received by the Borough.
[3]
Within 60 days of receipt of an application a modification
to an existing small WCF that does not substantially change the dimensions
of the underlying structure, the Borough Zoning Officer shall make
a final decision on whether to approve or deny the application and
shall notify the WCF applicant in writing of such decision.
(5)
Nonconforming wireless support structures. Small WCFs shall
be permitted to collocate upon nonconforming tower-based WCFs and
other nonconforming structures. Collocation of a small WCF upon an
existing tower-based WCF is encouraged even if the tower-based WCF
is nonconforming as to use within a zoning district.
(6)
Application fees. The Borough may assess appropriate and reasonable application fees directly related to the Borough's actual costs in reviewing and processing the application for approval of a small WCF, as well as related inspection, monitoring, and related costs, subject to the limitations in this section, in the amounts as provided in § 360-49, Schedule of fees, charges and expenses.
(7)
Standard of care. Any small WCF shall be designed, constructed,
operated, maintained, repaired, modified and removed in strict compliance
with all current applicable technical, safety and safety-related codes,
including but not limited to the most recent editions of the American
National Standards Institute (ANSI) Code, National Electrical Safety
Code, National Electrical Code, the Pennsylvania Uniform Construction
Code (UCC), or to the industry standard applicable to the structure.
Any WCF shall at all times be kept and maintained in good condition,
order, and repair by qualified maintenance and construction personnel,
so that the same shall not endanger the life of any person or any
property in the Borough.
(8)
Small WCF siting hierarchies. All small WCFs shall be developed
and sited in accordance with the following district, street, and locational
hierarchies.
(a)
Siting hierarchy. All small WCFs shall be placed in the most
favorable zoning district unless the WCF applicant can demonstrate
that placement in such zoning district is not technically feasible.
In order of preference from most preferable to least preferable, small
WCFs shall be located in the following zoning districts:
(b)
Street hierarchy. All small WCFs shall be constructed in the
most favorable street location unless the WCF applicant can demonstrate
that placement in such street location is not technically feasible.
In order of preference from most preferable to least preferable, small
WCFs shall be located in the street locations within each specified
zoning district:
(c)
Location hierarchy. All small WCFs shall be constructed in the
most favorable location unless the WCF applicant can demonstrate that
placement in such location is not technically feasible. In order of
preference from most preferable to least preferable, small WCFs shall
be located:
[1]
On an existing wireless support structure;
[2]
On a replacement wireless support structure;
[3]
On a new wireless support structure where there
are existing poles on the same side of the street as the proposed
new wireless support structure (the new wireless support structure
should be placed in-line with the existing wireless support structure
and furnishings); and
[4]
On a new wireless support structure on a street
or a side of the street where there are no existing wireless support
structure and furnishings (the new wireless support structure location
must not prevent future improvements to the public rights-of-way).
(9)
Historic buildings and districts. No small WCF may be located on, or within 300 feet of, any property, building, or structure that is listed on either the National or Pennsylvania State Registers of Historic Places, or eligible to be so listed, or is included in the official historic structures list maintained by the Borough. Any application proposing a small WCF to be constructed in the Borough Historic District shall comply with the Historic District design requirements of this section and all generally applicable Historic District requirements as established by this chapter and the Borough Code.
(10)
Prohibition on Market Street proper. Small WCFs are prohibited
in the public rights-of-way on Market Street, and its vicinity, between
Derr Drive and Water Street.
(11)
Wind and ice. All small WCFs shall be designed to withstand
the effects of wind gusts and ice to the standard designed by the
American National Standards Institute as prepared by the engineering
departments of the Electronics Industry Association, and Telecommunications
Industry Association (ANSI/EIA/TIA-222, as amended), or to the industry
standard applicable to the structure. All small WCF structures shall
also be designed and constructed to withstand the wind load for the
place of installation in accordance with the Pennsylvania Uniform
Construction Code, but not less than a wind load of 100 miles per
hour.
(12)
Radio frequency emissions. A small WCF shall not, by itself
or in conjunction with other WCFs, generate radio frequency emissions
in excess of the standards and regulations of the FCC, including,
but not limited to, the FCC Office of Engineering Technology Bulletin
65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure
to Radio Frequency Electromagnetic Fields," as amended. The owner
or operator of such small WCF shall submit proof of compliance with
any applicable radio frequency emissions standards to the Borough
Secretary on an annual basis. A small WCF generating radio frequency
emissions in excess of the standards and regulations of the FCC shall
be considered an emergency. The Borough reserves the authority to
revoke the permit of any small WCF generating radio frequency emissions
in excess of the standards and regulations of the FCC.
(13)
Time, place and manner. The Borough shall determine the time,
place and manner of construction, maintenance, repair and/or removal
of all small WCFs in the public rights-of-way based on public safety,
traffic management, physical burden on the right-of-way, and related
considerations.
(14)
Accessory equipment. Small WCFs and accessory equipment shall
be located so as not to cause any physical or visual obstruction to
pedestrian or vehicular traffic, create safety hazards to pedestrians
and/or motorists, or to otherwise inconvenience public use of the
public rights-of-way as determined by the Borough.
(15)
Graffiti. Any graffiti on the small WCF, including wireless
support structure or on any accessory equipment, shall be removed
at the sole expense of the owner within 10 days of notification by
the Borough.
(16)
Design standards. All small WCFs in the Borough shall comply
with the requirements of the Borough's Small Wireless Communications
Facility Design Manual, a copy of which is on file with the Borough.
(17)
Collocation. An application for a small WCF with a new wireless
support structure in the public rights-of-way shall not be approved
unless the Borough finds that the proposed small WCF cannot be accommodated
on an existing structure, such as a utility pole. Any application
for approval of a small WCF shall include a comprehensive inventory
of all existing towers and other suitable wireless support structures
within a 1/4 mile radius from the point of the proposed small WCF,
unless the applicant can show to the satisfaction of the Borough that
a different distance is more reasonable, and shall demonstrate conclusively
why an existing tower or other suitable wireless support structure
cannot be utilized.
(18)
Relocation or removal of facilities. Within 90 days following
written notice from the Borough, or such longer period as the Borough
determines is reasonably necessary or such shorter period in the case
of an emergency, an owner of a small WCF in the public right-of-way
shall, at its own expense, temporarily or permanently remove, relocate,
change or alter the position of any WCF when the Borough, consistent
with its police powers and applicable ordinances and regulations,
shall determine that such removal, relocation, change or alteration
is reasonably necessary under the following circumstances:
(a)
The construction, repair, maintenance or installation of any
Borough or other public improvement in the right-of-way;
(b)
The operations of the Borough or other governmental entity in
the right-of-way;
(c)
Vacation of a street or road or the release of a utility easement;
or
(d)
An emergency as determined by the Borough.
(19)
Retention of experts. The Borough may hire any consultant(s)
and/or expert(s) necessary to assist the Borough in reviewing and
evaluating the application for approval of the small WCF and, once
approved, in reviewing and evaluating any potential violations of
the terms and conditions of this section. The applicant and/or owner
of the small WCF shall reimburse the Borough for all reasonable costs
of the Borough's consultant(s) and/or expert(s) in providing expert
evaluation and consultation in connection with these activities, provided
that such costs are a reasonable approximation of costs incurred,
the costs are reasonable, and the costs are nondiscriminatory.
(20)
Reimbursement for public right-of-way use. In addition to permit fees as described in this section, every small WCF in the public right-of-way is subject to the Borough's right to fix annually a fair and reasonable fee to be paid for use and occupancy of the right-of-way. Such compensation for right-of-way use shall be directly related to the Borough's actual right-of-way management costs, including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other right-of-way management activities by the Borough. The owner of each small WCF shall pay an annual fee to the Borough in the amount as provided in § 360-49, Schedule of fees, charges and expenses, in order to compensate the Borough for the Borough's costs incurred in connection with the activities described above. Such fees shall comply with the applicable requirements of the Federal Communications Commission.
D.
Regulations applicable to all wireless facilities.
(1)
Additional Historic District standards. Any application proposing a WCF to be constructed in the Borough Historic District shall comply with the Historic District design requirements of this subsection, including the Small Wireless Communications Facility Design Guidelines, and all generally applicable Historic District requirements as established by this chapter and the Borough Code. This requirement shall not apply to eligible facilities requests that do not substantially change an existing WCF, but which still require a building permit pursuant to this section.
(a)
All applicants proposing the construction of a WCF within the Borough Historic District shall be required to submit a copy of construction drawings detailing the dimensions and design of the proposed WCF to the Borough Historical Architectural Review Board (HARB) in order to allow the HARB to provide input on the design of the proposed WCF.
(b)
All WCFs within the Borough Historic District shall comply with the applicable requirements for construction and design within the Borough Historic District.
(c)
WCFs and accessory equipment shall be treated to match the color
and texture of the underlying wireless support structure to the maximum
extent technically feasible.
(d)
No ground-mounted accessory equipment shall be permitted in the Borough Historic District.
(e)
Any signage associated with a WCF in the Borough Historic District shall be directed away from the windows of adjacent properties and direct lines of sight.
(f)
All WCFs in the Borough Historic District shall utilize camouflaging in order to limit the aesthetic impact of the WCF to the maximum extent technically feasible. As part of an application for a WCF in the Borough Historic District, the applicant shall provide proposals for camouflaging of the WCF for Borough review and approval. If the proposed WCF does not utilize camouflaging, the applicant shall include documentation detailing the camouflaging efforts explored in the design of the WCF and a detailing description of why the utilization of such camouflaging is technically infeasible for the proposed WCF.
(2)
Borough property. Property owned, leased, or otherwise controlled
by the Borough shall have priority siting for all tower-based or non-tower-based
WCFs in the Borough, unless not technically feasible. Nothing in this
section shall be deemed to create any offer, right, or entitlement
to use Borough property for the construction or operation of tower-based,
nontower and small WCFs, wireless support structures, or related facilities.
Any such tower-based, nontower or small WCF, wireless support structure,
or related facility proposed to be sited on property owned, leased,
or otherwise controlled by the Borough may be exempt from the requirements
of this section. The Borough retains the right to require applicants
to obtain site plan approval from the Borough Council in accordance
with the requirements of this section. No tower-based, nontower or
small WCFs, wireless support structures, or related facilities may
be constructed or installed on Borough property until a license or
lease agreement authorizing such WCF has been approved by the Borough
Council.
(3)
Determination and notice of violation. In the event that a determination
is made that a person has violated any provision of this section,
such person shall be provided written notice of the determination
and the reasons therefor. Except in the case of an emergency, the
person shall have 30 days in which to cure the violation. If the nature
of the violation is such that it cannot be fully cured within such
time period, the Borough may, in its reasonable judgment, extend the
time period to cure, provided that the person has commenced to cure
and is diligently pursuing its efforts to cure. If the violation has
not been cured within the time allowed, the Borough may take any and
all actions authorized by this chapter, the Borough Code, and/or federal
and/or Pennsylvania law and regulations.
(4)
Violation remedies and penalties. Any person violating any provision of this section shall be subject to the remedies and penalties set forth in § 360-42B(2), Violation remedies, jurisdiction of which shall be as provided in § 360-42B(1), Jurisdiction. In addition to an action to enforce any remedy or penalty imposed by § 360-42B(2), Violation remedies, the Borough may also initiate an action or proceeding in the Court of Common Pleas for an injunction or other appropriate relief at law or in equity to enforce compliance with or restrain violation of any provision of this section.
(5)
Revocation of conditional use permit. Any conditional use permit
granted under this chapter may be revoked by the Borough Council after
a hearing, conducted on at least 15 days' written notice to the owner
of the WCF and any related facilities, and an opportunity to be heard.
If at such hearing it shall be shown by substantial evidence that
the WCF and related facilities constitute a threat to public safety,
health, or welfare, or that the conditions of the conditional use
permit have been materially violated, the Borough Council may revoke
the conditional use permit.
E.
Insurance and indemnification of wireless facilities.
(1)
Insurance.
(a)
Requirement of insurance. Each person that owns, operates, or
removes a tower-based, nontower, or small WCF shall purchase and maintain,
at its sole expense, certain insurance coverages of specified minimum
rating, as listed herein, and shall provide documentation to the Borough
Secretary, upon request, and as provided herein.
(b)
No payment or reimbursement. Each person that owns, operates,
or removes a tower-based, nontower, or small WCF shall be solely responsible
for bearing the costs of furnishing and maintaining all required insurance
coverages of specified minimum rating, as listed herein. The Borough
shall not provide direct payment or reimbursement to persons for the
costs of maintaining the required insurance coverages. The Borough
shall not provide direct payment or reimbursement to persons for the
costs of furnishing the required insurance coverages.
(c)
Specified minimum insurance ratings, registration, and additional
endorsement. All insurance carriers listed in the certificate(s) of
insurance for the required insurance coverages shall have, at minimum,
a credit rating of "Rated A VII or Better" from the AM Best Company
and shall be licensed in the Commonwealth of Pennsylvania. Each person
that owns, operates, or removes a tower-based, nontower, or small
WCF shall name the Borough as an Additional Insured by endorsement
on the certificate(s) of insurance.
(d)
Furnishment of certificates prior to commencement. Prior to
the initial commencement of any construction, operation, or removal,
each person that owns, operates, or removes a tower-based, nontower,
or small WCF shall furnish certificates of insurance to the Borough
Secretary evidencing coverage in compliance with the regulations herein.
The failure of the Borough to object to the contents of the certificate(s)
of insurance or absence of same shall not be deemed a waiver of any
legal rights held by the Borough.
(e)
Revocation of permit. The failure of any person to construct,
operate, or remove a WCF without complying with the insurance coverage
and administrative requirements herein shall constitute an emergency.
Upon such emergency, the Borough reserves the authority to revoke
the permit of any WCF for failure to comply with the insurance coverage
and administrative requirements herein.
(f)
Minimum insurance requirements. Each person that owns or operates
a tower-based, nontower, or small WCF shall maintain the following
minimum insurance coverages:
[1]
Worker's compensation and employers liability policy,
covering operations in Pennsylvania. Waiver of subrogation to be included
with documentation provided to the Borough Secretary.
[2]
Commercial general liability policy, with limits
of no less than $1,000,000 each occurrence, per WCF location and $2,000,000
general aggregate, per WCF location, with limits for bodily injury
and property damage, and shall include the following coverages and
endorsements:
[a]
Premises and operations;
[b]
Products/completed operations;
[c]
Independent contractors;
[d]
Personal and advertising injury;
[e]
Blanket contractual liability;
[f]
Explosion, collapse, underground liability (XCU);
[g]
Borough of Lewisburg and their assigns, officers,
employees, volunteers, representatives and agents should be named
as an "additional insured" on the policy using ISO Additional Insured
Endorsement CG 20 10 11/85 or an endorsement providing equivalent
or broader coverage and shall apply on a primary and noncontributory
basis, including any self-insured retentions;
[h]
The certificate of insurance should show this applies
to the general liability coverage on the certificate, and additional
insured endorsement shall be attached;
[i]
To the extent permitted by Pennsylvania law, each
person that owns, operates, or removes a tower-based, nontower, or
small WCF waives all rights of subrogation or similar rights against
the Borough and its assigns, officers, employees, volunteers, representatives
and agents;
[j]
Cross liability coverage (commercial general liability
and business automobile liability policies only);
[k]
Coverage must be written on an occurrence policy
form; and
[l]
No deductible or self insured retention should
exceed $50,000.
[3]
Comprehensive automobile policy, with limits of
no less than $1,000,000. Bodily injury and property damage liability,
including coverage for owned, any auto nonowned, and hired private
passenger and commercial vehicles. The Borough and its assigns, officers,
employees, representatives and agents should be named as an "additional
insured" on the policy. The certificate of insurance should show this
applies to the automobile liability coverage on the certificate, and
additional insured endorsement shall be attached. To the extent permitted
by Pennsylvania law, each person that owns, operates, or removes a
tower-based, nontower, or small WCF waives all rights of subrogation
or similar rights against the Borough and its assigns, officers, employees,
representatives and agents. Coverage must apply on a primary and noncontributory
basis.
[4]
Umbrella liability, with limits of no less than
$5,000,000 each occurrence per WCF location and $5,000,000 general
aggregate per WCF location, including coverage for general liability,
automobile, workers compensation. Coverage must be written on an occurrence
policy form and include provisions "G" and "H."
[5]
Professional liability (if applicable), with limits
no less than $1,000,000 per claim.
(g)
Increasing the minimum insurance requirements. The minimum insurance
requirements specified herein may be increased upon the review and
determination of the Borough Council.
(h)
Notice prior to cancellation or expiration of insurance. The
certificate(s) of insurance shall provide that 30 days written notice
prior to cancellation or expiration be given to the Borough Secretary
via U.S. Postal Mail. Insurance policies that lapse and/or expire
during term of work shall be recertified and received by the Borough
Secretary no less than 30 days prior to expiration or cancellation
of the respective policy.
(2)
Indemnification.
(a)
Requirement to indemnify and hold harmless. Each person that
owns or operates a tower-based, nontower or small WCF shall, at its
sole cost and expense, indemnify, defend and hold harmless the Borough,
its elected and appointed officials, employees and agents, at all
times against any and all claims for personal injury, including death,
and property damage arising in whole or in part from, caused by or
connected with any act or omission of the person, its officers, agents,
employees or contractors arising out of, but not limited to, the construction,
installation, operation, maintenance or removal of each of its WCFs.
(b)
Requirement to defend. Each person that owns or operates a tower-based,
nontower, or small WCF shall defend any actions or proceedings against
the Borough in which it is claimed that personal injury, including
death, or property damage was caused by the construction, installation,
operation, maintenance or removal of each of its WCFs. The obligation
to indemnify, hold harmless and defend shall include, but not be limited
to, the obligation to pay judgments, injuries, liabilities, damages,
reasonable attorneys' fees, reasonable expert fees, court costs, and
all other costs of indemnification.
(c)
Indemnification and hold harmless agreement requirement. Prior
to the initial commencement of any construction, operation, or removal,
each person that owns, operates, or removes a tower-based, nontower,
or small WCF shall furnish an "indemnification and hold harmless agreement"
to the Borough Secretary.
[Added 8-15-2023 by Ord. No. 1076]
The purpose of this section is to regulate accessory dwelling
units of all types within the permitted zoning districts in a manner
that sustainably develops housing units in neighborhoods that are
appropriate for people at a variety of stages in life and incomes.
A.
Deed restrictions. Before obtaining a certificate of occupancy for
occupancy of an accessory dwelling unit, the property owner shall
file with the Union County Recorder of Deeds a declaration of restrictions
containing a reference to the deed under which the property was acquired
by the present owner stating that:
(1)
The accessory unit shall not be sold separately.
(2)
The unit is restricted to the approved size.
(3)
The above declarations are binding upon any successor in ownership
of the property; lack of compliance shall be cause for code enforcement
and/or revoking of the occupancy permit.
(4)
The deed restrictions shall lapse upon removal of the accessory
unit as verified in writing by the Zoning Officer.
B.
General requirements and prohibitions.
(2)
Accessory dwelling units shall not be included within minimum
lot area calculations as defined by zoning district bulk, area, and
density standards.
(3)
Accessory dwelling units shall not be permitted as a student
rental.
(4)
Means of egress shall not occupy the public right-of-way, including
but not limited to porches, steps, ramps, swinging doors into the
public right-of-way, window wells, or similar building elements required
for accessory dwelling unit egress.
C.
Floodplain restrictions and prohibitions. New, permitted accessory
dwelling units shall meet all floodplain management standards, including
existing structures, and shall not obtain any variances or historic
structure exemptions from floodplain management standards.
(1)
The finished floor elevation of the accessory dwelling unit
shall be elevated a minimum of 18 inches above the base flood elevation,
whether in an existing structure or a new structure. The applicant
shall verify the finished floor elevation utilizing a certified elevation
certificate, sealed by a professional land surveyor, for any structure
located within Zone X (500-year floodplain).
(2)
The ground floor ingress/egress entry to the accessory dwelling
unit to the exterior shall not be located where the base flood elevation
is greater than one foot above the ground elevation at the ingress/egress
location. The applicant shall verify the ground elevation at the point
of ingress/egress utilizing a certified elevation certificate sealed
by a professional land surveyor, for any structure located within
Zone AE (100-year floodplain).
(3)
In no instance shall any portion of the building that includes
the accessory dwelling unit be located within a delineated, regulatory
floodway.
(4)
Accessory dwelling units shall not be located in a basement
if the basement is located below the regulatory base flood elevation
plus 18 inches. Applicant shall verify the basement floor elevation
utilizing a certified elevation certificate, sealed by a professional
land surveyor, for any structure located within Zone X (500-year floodplain).
(5)
All applicants shall verify the finished floor elevations and
lowest ground elevation utilizing a certified elevation certificate,
sealed by a professional land surveyor with the Zoning Officer before
issuance of a zoning permit.
D.
Design and development standards. In addition to all applicable building
code regulations, accessory dwelling units shall conform to the following
additional requirements:
(1)
New building construction of an accessory dwelling unit structure
shall meet all accessory building setback requirements and impervious
coverage requirements of the zoning district.
(2)
Accessory dwelling units may be detached, attached, or internal
to the primary dwelling unit.
(3)
Attached accessory dwelling units shall maintain the appearance
of the primary dwelling unit street-facing facade and shall have an
entrance separate from the entrance to the primary residence.
(4)
In no case shall an accessory dwelling unit be more than 40%
of the living area of the primary dwelling unit, or 1,200 square feet,
whichever is less. An accessory dwelling unit shall not exceed two
bedrooms.
(5)
The maximum building height for detached accessory dwelling
units shall not exceed 28 feet or the height of the primary dwelling
unit, whichever is less. No building wall shall exceed 18 feet between
the average ground elevation and the roof eave, cornice, parapet,
or other architectural transition between the building wall and roof.
Accessory dwelling units attached to the primary dwelling unit shall
in no instance exceed the existing height of the primary dwelling
unit.
(6)
If the accessory dwelling unit is deemed to be of exceptional
value by the Lewisburg Historic Architectural Review Board (HARB),
then the parcel is exempt from any applicable parking requirements
of this chapter.
(7)
Exterior new structures or modifications to an existing structure
when viewed from the street must abide by and comply with all HARB
requirements and receive a certificate of appropriateness from Borough
Council prior to issuance of a zoning permit or building permit.
[Amended 4-17-2012 by Ord. No. 1013; 2-19-2019 by Ord. No. 1055]
The purpose of this section is to regulate signage of all types
visible from a public right-of-way for the following ends: to protect
public safety by reducing potential hazards associated with signage,
to protect and enhance property values, to preserve the residential
character of neighborhoods, to protect open space, to create an attractive
business climate, and to protect and enhance the overall character
of the Borough.
A.
Only permanent and time-limited or temporary signs as specified in
this section are allowed to be visible from a public right-of-way.
New signs may require a permit issued by the Zoning Officer, the cost
of which shall be established by resolution of Borough Council, who
may from time to time change such cost by further resolution. All
permanent signs in the historic district requiring a permit require
approval by Borough Council after submission to the Historical Architectural
Review Board for review and a recommendation. Some time-limited or
temporary signs may require approval by Borough Council.
B.
Prohibited signs.
(1)
Flashing, intermittent, rotating, scrolling, or motorized signs,
and signs in which the lettering, colors, brightness, or position
of elements within the sign change.
(2)
Signs that make use of the words "stop," "look," "danger," or other
words, phrases, symbols, or characters in a manner that would tend
to interfere with, mislead, or confuse drivers or other persons.
(3)
String lights having a bulb size in excess of 3/4 inch by 1/4 inch used in connection with commercial premises for commercial purposes other than window decorations or storefront decorations denoting or celebrating a holiday or holiday sales [see Subsection I(8) of this section].
(4)
Any display that makes use of spinners, balloons, searchlights, pinwheels,
and/or streamers.
(5)
Off-premises signs, including advertisements for garage, yard, or
other neighborhood sales, except for permanently affixed commercial
center signs in the Highway Commercial District; and permanently affixed
directional signs in both the Highway Commercial and Bucknell Districts.
(6)
Signs that are painted on, affixed to, or transported by a vehicle
and/or trailer that is parked in public view, not used for normal
day-to-day operations of a business or service, and/or not regularly
moved for business or service purposes.
(7)
Trademark signs in the Downtown Commercial (DC) and Bucknell University
(BU) Districts, unless they are a corporate logo for the business
or service conducted on the premises where the sign is located or
logos for products or services available on those premises.
(8)
Electronic signs and signs with video display. Other internally illuminated signs and facade treatments are also prohibited except as hereinafter specifically allowed (see Subsection H of this section).
(9)
Inflated signs.
(10)
Any sign that by reason of its location, brilliance, shape,
or color might be confused with or obstruct the view of any official
traffic sign, signal, or traffic marking.
(11)
Signs painted on rocks, trees, or other natural features.
(12)
Vertical banners.
(13)
Human signs.
(14)
Freestanding signs in the Highway Commercial District within
a street right-of-way.
C.
Exempt signs.
(1)
Official highway route number signs, street name signs, directional,
or other official government (federal, state, county, or Borough)
signs.
(2)
Authorized municipal signs of the Borough, including, but not limited
to, traffic, parking, and street-maintenance signs.
(3)
Public service signs that do not exceed four square feet in area,
such as those advertising the availability of restrooms, telephones,
or similar public conveniences, and signs advertising meeting times
and places of nonprofit service or charitable clubs, provided that
such signs do not advertise any commercial establishment, activity,
organization, product, goods, or services.
(4)
Government flags or insignias not exceeding 80 square feet.
(5)
Signs that are a permanent architectural feature of a building or
structure, such as a cornerstone, or identifying letters carved into
or embossed on a building, provided that the letters are not made
of a reflective material nor contrast in color with the building.
(6)
A single revolving barbershop pole sign, provided that it does not
exceed 36 inches in height.
D.
Sign area.
(1)
Determination of sign area.
(a)
Where a sign has more than one face, all faces that can be viewed
simultaneously from any single vantage point will be considered in
determining the sign area.
(b)
When identifying letters, symbols, designs, or characters attached
to or painted on a building, wall, or window without an identifiable
border or background, the area of such signs will be calculated or
computed based upon the smallest geometric shape that encompasses
all of the letters, symbols, designs, or characters.
(c)
When measuring the sign area of any freestanding sign, such
measurement will include all frames or structures to which the sign
is attached, with the exception of a supporting pole or poles.
(2)
Maximum sign area per business or service.
(a)
Maximum gross area is determined by business or service frontage,
one square foot of sign area being allowed for each linear foot of
business or service frontage, except in the Highway Commercial (HC)
District. In the Highway Commercial (HC) District, two square feet
of signage for each linear foot of business or service frontage will
be allowed. See the accompanying tables in this section for each district
to determine the maximum area allowed for each type of allowed sign.
(b)
Where a business or service fronts on more than one street,
the gross sign area for the business or service will be determined
by the smallest frontage for that specific business or service.
(3)
Maximum sign area per sign. No single sign will exceed 64 square
feet in gross area, even if calculations based on the business or
service frontage may allow larger signs.
E.
Quantity. No more than three individual signs of any type will be
allowed for each business or organization. The following exceptions
are allowed: credit card decals or signs of less than 12 square inches,
not exceeding a total of 10 in number; a single address sign or nameplate
not more than two square feet in area; and a single sign of not more
than 36 square inches indicating that a business or service is open.
F.
Placement.
(1)
Permanent signs will not be located in any public right-of-way.
(2)
No sign will be erected in such a manner that, in the determination
of the Zoning Officer, it creates an unsafe condition for motor vehicles,
bicycles, or pedestrian traffic. Signs creating an unsafe condition
include, but are not limited to:
(4)
No sign will obstruct the free ingress or egress to or from any door,
window, fire escape, or other exit; obstruct a window, door, or other
opening providing light or air; or interfere with the normal functioning
of any building.
(5)
No sign will be erected upon the roof of any building, nor will any
sign extend above the height of the building measured at the lowest
part of the roof or beyond the ends of the wall or surface to which
it is attached.
(6)
No sign will be attached to any utility pole, light standard, traffic-control
box, fence, or government signpost.
(7)
Signs will be exempt from front yard setbacks.
G.
Sign safety. Every sign allowed by this section must be constructed
of durable materials and kept in good condition or repair.
H.
Illumination.
(1)
Signs may be lighted with nonglaring lights or may be illuminated by shielded floodlights. No signs will have illumination that is flashing, moving, intermittent, or changing in brightness or hue. All electrically illuminated signs will conform to the requirements of the Borough Building Code and Borough Electrical Code. Also see Subsections B(8) and B(10) of this section.
(2)
Internal lighting.
(a)
Only one internally lit sign per business or service is allowed
in the Downtown Commercial District upon recommendation by the Historical
Architectural Review Board and approval by Borough Council. Such a
sign may only be illuminated during business or service hours.
(b)
Internally lit signs are allowed in the Highway Commercial (HC) District. Also see § 360-29D(5)(e) of this chapter.
(c)
Individual design elements of signs in the Downtown Commercial
District, such as lettering, may be internally illuminated if approved
by Borough Council upon recommendation by the Historical Architectural
Review Board.
(d)
Internally illuminated signs and design elements of such signs
must diffuse, shield, or enclose the internal lighting in such a way
that individual bulbs or lighting elements are indistinguishable to
the viewer at a distance of three feet.
(3)
Halo-illuminated signs within the Downtown Commercial District are
allowed upon recommendation of the Historical Architectural Review
Board and approval by Borough Council. Halo-illuminated signs are
allowed in the Highway Commercial District.
(4)
Decorative string lights on commercial premises will be UL-listed
exterior lights and will have a weatherproof cover on the exterior
outlet.
I.
Regulations pertaining to signs with specific purpose. Signs described in subsection I(1) through (5) of this section do not require a permit. Signs described in Subsection I(6) through (8) of this section require a permit.
(1)
Address signs and/or nameplates. In addition to the street number required to be affixed to any structure by § 120-1 of the Code of the Borough of Lewisburg, not more than one sign displaying the street number and/or name of the occupant of the premises upon which it is erected will be allowed.
(a)
Such sign may be attached to a post not more than six feet in
height and at least three feet from any right-of-way line.
(b)
Such sign will not exceed two square feet in area.
(c)
Such sign may be in addition to such other signs as are allowed
by the provisions of this section and will be in addition to the maximum
allowable sign area as established herein.
(2)
On-site instructional signs. Instructional signs that are on premises
and designed to guide or direct vehicular and/or pedestrian traffic
(with words such as "Entrance," "Exit," "Parking," "One Way" or similar
instructions) are allowed without restriction as to number. Such signs
will not include any advertising copy, although the name or logo of
the business or service is allowed. Such signs also will not exceed
two square feet in area, and the top of such sign will be no greater
than three feet in height above the grade of the public street abutting
or adjacent to said sign.
(3)
Holiday signs and decorations.
(a)
Signs, window decorations, or storefront decorations denoting
or celebrating a holiday or holiday sales are allowed and are exempt
from the limit on number of signs allowed, provided that they are
not displayed prior to the generally understood holiday shopping season
for the holiday in question and are removed within two calendar weeks
after the end of that season.
(b)
Other restrictions on size, illumination, and placement of signs
and decorations remain applicable to holiday signs.
(4)
Signs indicating no trespassing or private use of a road, driveway,
or premises, and signs controlling fishing or hunting on the said
premises will be allowed. No more than one such sign for every 30
feet of frontage will be allowed.
(5)
Signs listing the business or service hours of operation are allowed
and are exempt from the limit on number of signs allowed.
(6)
Historical tablets are allowed, upon recommendation of the Historical
Architectural Review Board and approval of Borough Council.
(7)
Signs or bulletins or announcement boards for schools, houses of
worship, hospitals, clubs, or multifamily dwellings of more than 10
units are allowed. Such signs will be on the same lot therewith. No
more than one such sign will be erected on any one street frontage.
(8)
A commercial center or mixed-use structure is allowed to have one
sign identifying the center or structure name and one directory sign
identifying the establishments at that location. In addition, each
occupant is allowed one sign proximal to the entrance to each business
or service or the common entrance. Total square footage of all signs
must meet the allowed gross sign area for the building.
J.
Regulations pertaining to specific physical types of signs (refer to § 360-6 of this chapter for descriptions of these types). All signs described in this section require a permit.
(1)
Freestanding signs. There will be only one freestanding sign per
frontage, with the exception of instructional signs. Freestanding
signs will have no more than two faces.
(2)
Sidewalk signs.
(a)
Signs placed freestanding on a sidewalk may only be placed on
the sidewalk in front of or beside the building in which the pertinent
business or service is located. Such signs are only allowed in the
Downtown Commercial District; such signs may be placed no further
than one foot from the building. In no case may such signs, in the
determination of the Code Enforcement Officer, impede pedestrian traffic,
impede access to parking, or violate ADA regulations.
(b)
Sidewalk signs may only be displayed during the business or
service hours of operation.
(c)
Each face of a sidewalk or freestanding sign may be no more
than seven square feet in area, and the sign may be no more than two
feet wide and three-and-one-half feet high when opened.
(d)
Sidewalk signs will not be illuminated.
(3)
Marquee signs.
(a)
Such signs may be painted on or attached flat against the surface
of the marquee, but may not extend or project beyond the marquee or
be attached to the underside thereof.
(b)
Letters or symbols on such signs will not exceed 16 inches in
height.
(c)
The bottom of such signs will have a minimum clearance of nine
feet above the sidewalk.
(4)
Projecting signs.
(a)
No sign(s) will project beyond four feet from the building or
structure to which it (they) are attached.
(b)
All projecting signs will allow a minimum nine-foot clearance
from finish grade.
(c)
All signs overhanging any public right-of-way (including sidewalks)
will be covered by a liability insurance policy with a company authorized
to conduct business in the Commonwealth of Pennsylvania.
(5)
Wall signs. No wall sign will project more than four inches from
the building surface, nor extend beyond the ends of the wall to which
it is attached.
(6)
Window signs. The total area of all window signs in any single window
will not exceed 30% of the total glass area of that window and such
signs will advertise only on-premises uses, activities, goods, services,
or products.
K.
Regulations pertaining to time-limited and temporary signs.
(1)
Time-limited and temporary signs requiring a permit.
(a)
Over-the-street banners must have the prior approval of PennDOT
and Borough Council.
(b)
Signs, window decorations, or storefront decorations denoting
or celebrating a special event pertaining to a business or service
(e.g., anniversaries, grand openings, sales) will be allowed for a
period of time not to exceed one calendar month.
(2)
Time-limited and temporary signs not requiring a permit will not
exceed six square feet on a single face and will be placed no more
than one month prior to the event described and removed within seven
days of the end of the event. Such signs include signs announcing
or celebrating a campaign, drive, or event of a civic, philanthropic,
educational, or religious organization; signs intended to advertise
yard, garage, or neighborhood sales; signs for contractors, developers,
architects, engineers, builders, artisans, and lenders erected and
maintained on the premises where contracted work is being performed;
signs offering the sale or rental of the premises upon which the sign
is erected; and signs designed, intended, or designated to influence
the action of voters for either the passage or defeat of a law, statute,
ordinance, amendment, rule, regulation, or other measure, or of a
candidate for nomination or election to public office in a national,
state, or local election.
L.
Nonconforming signs. Any sign legally allowed at the time of the
enactment of this section that does not conform to the standards contained
in this section will be considered a nonconforming use and may continue
until such time as the sign is replaced or relocated, the structure
or size of the sign is altered in any way, or there is a change of
use.
M.
Removal of signs.
(1)
All signs and/or sign messages will be removed from the premises
within 30 calendar days of the date when the use advertised is no
longer conducted.
(2)
When any sign or sign-support structure becomes unsecured, is in
danger of falling, or is otherwise unsafe, the Zoning Officer will
order the removal of said sign and/or structure. If it is the determination
of the Zoning Officer that the sign or structure poses an imminent
danger to the public, the Zoning Officer will have the power to remove
the sign or structure immediately, and the cost of the removal will
be borne by the owner of the property on which the sign or structure
was located.
(3)
Time-limited or off-premises signs in the public right-of-way may
be removed by the Zoning Officer or the Borough Manager or his/her
designee at any time without notice or approval of Borough Council.
(4)
The Zoning Officer or the Borough Manager will store any removed
sign for 10 calendar days, after which said sign will be discarded
if not claimed by the sign owner. Removal, storage, or destruction
will be at the sign owner's expense.
N.
Sign regulations applicable in Residential Districts (RS, RT1, RT2,
and RT3).
|
Table 360-25N
| |||||
|---|---|---|---|---|---|
|
Type
|
Maximum Gross Area per Sign
(square feet)
|
Maximum Number per Business or Service
|
Notes
|
Permit Required
| |
|
Awning
|
Not allowed
| ||||
|
Freestanding
| |||||
|
Address
|
2
|
1
|
See § 360-25I(1)
|
No
| |
|
Bulletin or announcement boards
|
20
|
1 per street frontage
|
Yes
| ||
|
Marquee
|
Not allowed
| ||||
|
Projecting
|
3
|
1
|
See § 360-25J(4)
|
Yes
| |
|
Time-limited
|
6
|
2
|
No
| ||
|
Wall
|
1
| ||||
|
Address
|
2
|
1
|
See § 360-25I(1)
|
No
| |
|
Bulletin or announcement boards
|
20
|
1 per street frontage
|
Yes
| ||
|
Shopping, office, or commercial center signs
|
20
|
2 (1 on building sign, 1 near entrance). 1 per business or service
near entrance
|
See § 360-25I(6)
|
Yes
| |
|
All other uses
|
3
|
1
|
Yes
| ||
|
Window
|
Not allowed (except for political signs and for sale/rent signs)
| ||||
O.
Sign regulations applicable to the Mixed-Use (MU) District.
|
Table 360-25O
| |||||
|---|---|---|---|---|---|
|
Type
|
Maximum Gross Area per Sign
(square feet)
|
Maximum Number per Business or Service
|
Notes
|
Permit Required
| |
|
Awning
|
1 per linear foot of business or service frontage
|
Clearance of 6 feet, 9 inches
|
Yes
| ||
|
Freestanding
| |||||
|
Address and/or nameplate
|
2
|
1
|
See § 360-25I(1)
|
No
| |
|
One use
|
2
|
1
|
Maximum height: 9 feet above finish grade to top of sign
|
Yes
| |
|
Two or more distinct and separate uses
|
4
|
1
|
Yes
| ||
|
Marquee
|
1 per linear foot of business or service frontage
|
See § 360-25J(3)
|
Yes
| ||
|
Projecting
|
9
|
See § 360-25J(4)
|
Yes
| ||
|
Time-limited
|
6
|
2
|
See § 360-25J(4)
|
No
| |
|
Wall
|
1 per linear foot of business or service frontage
|
1
|
See § 360-25J(5)
|
Yes
| |
|
Address
|
2
|
1
|
See § 360-25I(1)
|
No
| |
|
Shopping, office, or commercial center signs
|
1 per building listing businesses, 1 per business or service
near entrance
|
2 (1 on building sign, 1 near entrance)
|
See § 360-25I(6)
|
Yes
| |
|
Bed-and-breakfast
|
2
|
1
|
Yes
| ||
|
Bulletin or announcement boards
|
20
|
1 per street frontage
|
Yes
| ||
|
Home occupation
|
2
|
1
|
Yes
| ||
|
Window
|
30% of glass area
|
See § 360-25J(6)
|
Yes
| ||
P.
Sign regulations applicable to the Downtown Commercial (DC) District.
|
Table 360-25P
| |||||
|---|---|---|---|---|---|
|
Type
|
Maximum Gross Area per Sign
(square feet)
|
Maximum Number per Business or Service
|
Notes
|
Permit Required
| |
|
Awning
|
1 per linear foot of business or service frontage
|
1
|
Clearance of 6 feet, 9 inches
|
Yes
| |
|
Freestanding
| |||||
|
Address
|
Not allowed
| ||||
|
One use
|
2
|
1
|
Maximum height: 9 feet above finish grade to top of sign
|
Yes
| |
|
Two or more distinct and separate uses
|
4
|
1
|
Yes
| ||
|
Sidewalk
|
2 feet by 3.5 feet high when opened
|
1
|
No more than one foot from building. On-site only
|
Yes
| |
|
Marquee
|
1 per linear foot of business or service frontage
|
1
|
See § 360-25I(5)
|
Yes
| |
|
Projecting
|
9
|
1
|
See § 360-25I(7)
|
Yes
| |
|
Time-limited
|
6
|
2
|
See § 360-25J(4)
|
No
| |
|
Wall
|
1 per linear foot of business or service frontage
|
1
|
See § 360-25I(9)
|
Yes
| |
|
Address
|
2
|
1
|
See § 360-25I(1)
|
No
| |
|
Bed-and-breakfast
|
2
|
1
|
Yes
| ||
|
Bulletin or announcement boards
|
20
|
1 per street frontage
|
Yes
| ||
|
Home occupation
|
2
|
1
|
Yes
| ||
|
Window
|
30% of glass area
|
See § 360-25I(10)
|
Yes
| ||
Q.
Sign regulations applicable to the Highway Commercial (HC) District.
|
Table 360-25Q
| |||||
|---|---|---|---|---|---|
|
Type
|
Maximum Gross Area per Sign
(square feet)
|
Maximum Number per Business or Service
|
Notes
|
Permit Required
| |
|
Awning
|
1 per linear foot of business or service frontage
|
Clearance of 6 feet, 9 inches
|
Yes
| ||
|
Freestanding
| |||||
|
Address
|
2
|
1
|
See § 360-25I(1)
|
No
| |
|
One or two distinct and separate uses
|
30
|
1
|
Maximum height: 9 feet above finish grade to top of sign
|
Yes
| |
|
Three or more distinct and separate uses
|
60
|
1
|
Maximum height: 15 feet above finish grade to top of sign
|
Yes
| |
|
Marquee
|
2 per linear foot of business or service frontage
|
See § 360-25I(5)
|
Yes
| ||
|
Projecting
|
9
|
See § 360-25I(7)
|
Yes
| ||
|
Time-limited
|
6
|
2
|
No
| ||
|
Wall
|
2 per linear foot of business or service frontage
|
Yes
| |||
|
Address
|
2
|
1
|
See § 360-25I(1)
|
No
| |
|
Shopping, office, or commercial center signs
|
1 per building listing businesses, 1 per business or service
near entrance
|
2 (1 on building sign, 1 near entrance)
|
See § 360-25I(6)
|
Yes
| |
|
Window
|
30% of glass area
|
See § 360-25I(10)
|
No
| ||
R.
Sign regulations applicable to the Bucknell University (BU) District.
|
Table 360-25R
| |||||
|---|---|---|---|---|---|
|
Type
|
Maximum Gross Area per Sign
(square feet)
|
Maximum Number per Business or Service
|
Notes
|
Permit Required
| |
|
Awning
|
1 per linear foot of business or service frontage
|
Clearance of 6 feet, 9 inches
|
Yes
| ||
|
Freestanding
| |||||
|
Address
|
2
|
1
|
See § 360-25I(1)
|
No
| |
|
One or two distinct and separate uses
|
15
|
1
|
Maximum height: 9 feet above finish grade to top of sign
|
Yes
| |
|
Three or more distinct and separate uses
|
24
|
1
| |||
|
Marquee
|
1 per linear foot of business or service frontage
|
See § 360-25I(5)
|
Yes
| ||
|
Projecting
|
9
|
See § 360-25I(7)
|
Yes
| ||
|
Time-limited
|
6
|
2
|
No
| ||
|
Wall
|
1 per linear foot of business or service frontage
|
Yes
| |||
|
Address
|
2
|
1
|
See § 360-25I(1)
|
No
| |
|
Window
|
30% of glass area
|
See § 360-25I(10)
|
No
| ||
[Amended 6-18-2013 by Ord. No. 1022; 8-15-2023 by Ord. No. 1076]
The following regulations are intended to guide the design of
more efficient off-street parking facilities and load areas, to improve
emergency access, to minimize development problems with neighboring
uses, and to provide for special parking needs for handicapped drivers,
bicycles and motorcycles.
A.
General parking impositions and prohibitions.
(1)
When applying for a zoning permit to construct, remodel, occupy or
change any structure or any use on a parcel or of a structure, a parking
site plan must accompany the zoning application.
(2)
Property owners and residents shall conform at all times to the parking
requirements and/or parking plan that is part of the approved land
development or zoning application.
(3)
With the exception of parking spaces for single- and two-family residential
units with fewer than four spaces per property, off-street parking
areas and access drives shall be of a weatherproof and cohesive surface
comprised of concrete, bituminous pavement, bricks, pavers or other
materials, as approved by the Zoning Officer or required by the Borough
Subdivision and Land Development chapter,[1] as applicable.
(4)
The repair or maintenance of vehicles of any kind, except for emergency
repairs, shall not be permitted in any public parking space or public
lot.
(5)
Unless a permitted use in the respective district, only emergency
repairs or repairs made to vehicles owned by the property occupant
shall be permitted in any parking area or accessory structure.
(6)
All vehicles which require state licensing and inspection, including
but not limited to cars, trucks, motorcycles, boats and trailers,
and which are not currently licensed and inspected shall not be parked
or stored on any public street or on any lot in any residential district
or in residential use unless said vehicle is in a completely enclosed
building.
(7)
Existing uses and buildings approved prior to the enactment of this chapter shall be exempt from the requirements of § 360-26.
(8)
All uses containing drive-in/drive-through uses shall contain a stacking or waiting lane, in conformance with § 360-26F and the table in § 360-26F(1) of this chapter.
(9)
Off-street parking in the Downtown Commercial District is not required.
(10)
All parking facilities shall be adequately maintained.
B.
Determination of required number of off-street parking spaces.
(1)
Parking for residential uses.
(a)
For all residential densities, there shall be one space per
dwelling unit.
(2)
Other requirements.
(a)
Buildings and parcels containing more than one use shall provide
parking spaces equal to the sum of the spaces required by all the
uses of that parcel or in that building, unless the applicant documents
that spaces may be shared due to different operational hours. In that
case, the number of spaces required shall be determined by the use
requiring the highest number of spaces.
(b)
Designated parking for physically handicapped persons. A portion of the total number of required off-street parking spaces in each public off-street parking area shall be specifically designated, located and reserved for use by persons with physical disabilities. Parking spaces reserved for persons with disabilities shall be counted toward fulfilling off-street parking requirements. The minimum number of handicapped spaces to be provided shall be determined from the table in § 360-26B(2).
|
Table 360-26B(2)
Handicapped Parking Requirements
| |||
|---|---|---|---|
|
Total Parking Spaces Provided
|
Minimum Number of Accessible Spaces
|
Minimum Number of Van-Accessible Spaces
|
Minimum Number of Car-Accessible Spaces
|
|
6 through 12
|
1
|
1
|
0
|
|
13 through 35
|
2
|
1
|
1
|
|
36 through 50
|
3
|
1
|
2
|
|
51 through 75
|
4
|
1
|
3
|
|
76 through 100
|
5
|
1
|
4
|
|
101 through 150
|
6
|
1
|
5
|
|
151 through 200
|
7
|
1
|
6
|
|
201 through 300
|
8
|
2
|
6
|
|
301 through 400
|
9
|
2
|
7
|
|
401 through 500
|
10
|
2
|
8
|
C.
Off-site parking. To meet the required number of parking spaces,
off-site or remote parking may be permitted as a conditional use by
the Borough Council. All applicants for off-site or remote parking
shall meet the following standards.
(1)
Off-site or remote parking facilities shall be located within 200
feet of the parcel containing the principal use.
(2)
The designated walking path between a use and an off-site parking
site shall not cross streets except at designated crosswalks.
(3)
The person applying for the conditional use of off-site parking shall
provide a copy of the written contract with the owner of the off-site
parking space(s) that rents or otherwise gives the applicant use of
said space(s). The conditional use permit expires with the expiration
or cancellation of the contract or if Borough monitoring identifies
a pattern of abuse by intended users.
D.
General design standards for off-street parking and accesses.
(1)
Location and setbacks for off-street parking.
(a)
Privately owned parking areas shall be located on the same lot as the principal use to which they are accessory, except as permitted in § 360-26C.
(b)
Off-street parking shall be permitted only in the area behind
the principal structure, except in the Residential Suburban (RS) and
Highway Commercial (HC) Districts, where this restriction does not
apply, and in the Residential Town Districts (RT1, RT2, and RT3) where
curb cuts for parking to the side of the principal structure exist
at the time of the enactment of this chapter.
(c)
In all districts the setback for parking areas with 10 or more
spaces shall be a minimum of five feet from property lines, eight
feet from alleys and 15 feet from public streets.
(3)
Parking lot aisles. Aisles shall be wide enough to allow for both
the safe and orderly flow of traffic and the safe and orderly movement
of vehicles into and out of parking spaces. Depending on the angle
of the parking spaces, the aisle widths shall be as illustrated in
the drawings below:
.tif.png) |
(4)
Access to parking areas.
(a)
All off-street parking facilities shall have accesses that extend
between well-defined points. No off-street parking facility shall
occupy the full width of the lot along any street from which it derives
its access. Accesses shall be designed to insure safety for adjoining
or nearby uses and pedestrian traffic.
(b)
For any parking lot with five or more spaces, the width of its
access(es) at the point of intersection with a public right-of-way
shall not be less than 10 feet for one-way traffic or 20 feet for
two-way traffic, but in no case shall the width be more than 22 feet.
(c)
For accesses, including driveways, comprising fewer than five
parking spaces, the width at the point of intersection with a public
right-of-way shall not be less than 10 feet or greater than 22 feet.
(d)
The Borough Council, after consultation with a professional engineer, may require accesses to have widths that exceed those stated in § 360-26D(4)(b) and 360-26D(4)(c), where unusual traffic, grade or site conditions exist. In addition, the Borough Council may require accesses to be constructed with full curb returns and handicapped ramps, rather than curb depressions.
(e)
All accesses shall be at least 50 feet from any street intersection.
(f)
The visibility from an access shall not be blocked between a
height of 36 inches and eight feet above the grades of the intersecting
streets for a depth of 10 feet from the face of the curb. This visibility
zone shall extend for at least 80 feet in each direction along any
public right-of-way.
(f).tif.png) |
(g)
For all nonresidential uses and for all parking lots with five
or more spaces, each off-street parking space shall have its own access
onto an aisle or driveway.
(h)
In parking lots with five or more spaces that permit two-way
traffic, paved accesses shall have directional arrows and a traffic
separation stripe the length of the access.
(5)
Designated parking for physically handicapped persons.
(a)
All parking spaces reserved for persons with disabilities shall
comply with the most current revision of the Uniform Construction
Code (UCC) or this section, whichever is more restrictive. Such spaces
shall comply with parking space dimension standards of this section,
in addition to which there shall be provided boarding areas abutting
such spaces in the following dimensions:
[1]
Car-accessible spaces. Car-accessible spaces shall have at least
a five-foot wide boarding area. Two such spaces may share a boarding
area where both are contiguous and parallel to the boarding area.
[2]
Van-accessible spaces. Van-accessible spaces shall have at least
an eight-foot wide boarding area. Two such spaces may share a boarding
area where both are contiguous and parallel to the boarding area.
(b)
Required spaces for persons with disabilities shall be located
in close proximity to building entrances and shall be designed to
permit occupants of vehicles to reach the building entrance on an
unobstructed path and, where feasible, without crossing traffic lanes.
(c)
Required spaces for persons with disabilities shall have signs
and pavement markings identifying them as reserved for persons with
disabilities. Signs shall be posted directly in front of the parking
spaces at a height of no less than 42 inches and no more than 72 inches
above pavement level.
(6)
Markings.
(a)
Where there are five or more parking spaces, the spaces shall
be identified by surface markings, which shall be arranged to provide
for the orderly and safe loading, unloading and parking, as well as
free circulation of vehicles.
(b)
All markings for parking, including striping, directional arrows,
lettering on signs and in handicapped-designated areas and field color,
are required to be maintained so as to be highly visible.
(8)
Miscellaneous standards.
(a)
All parking facilities containing five or more spaces shall
be required to provide bumper blocks, not exceeding six inches in
height, for all spaces if concrete curbing is not utilized.
(b)
All parking facilities containing five for more spaces shall be lighted in compliance with the provisions of § 360-29 of this chapter.
(d)
No parking facility shall be designed so that parked vehicles
overhang any sidewalks.
E.
Passenger drop-off areas and pick-up areas.
(1)
All schools and public or private institutional and recreational
uses shall provide an on-site area for drop-offs and pick-ups.
(2)
A traffic circulation plan shall be submitted to the Zoning Officer
for approval prior to the issuance of any permits for the use.
(a)
The plan shall describe proposed measures for ensuring safe
and efficient traffic circulation on-site and in the area surrounding
the subject site.
(b)
The plan shall also include information about the number of
enrollees or users; the hours of operation and peak loading and unloading
times; the projected number of vehicles that will be using the loading
and unloading area; plans for directing traffic within the area and
other safety measures; and other information deemed necessary by the
Zoning Officer.
(3)
Drop-off and pick-up areas may be adjacent to a roadway, primary
access or aisle, but they shall be located far enough off the roadway
access or aisle that they do not disrupt the flow of traffic on the
roadway.
(4)
Minimum widths for drop-off areas shall be 12 feet for one-way traffic
and 24 feet for two-way traffic.
(5)
Any drop-off and pick-up areas shall be a minimum of 50 feet from
any intersection.
(6)
Passenger drop-off areas shall be paved in a manner acceptable to
the Borough and shall be graded and drained so as to comply with all
applicable stormwater management regulations.
F.
Stacking spaces. Certain nonresidential uses dependent on vehicular
traffic shall require vehicle stacking areas. The vehicle stacking
standards of this subsection shall apply unless otherwise expressly
approved by the professional engineer retained by the Borough. Stacking
spaces shall not be counted in determining the number of required
off-street parking spaces.
(1)
Minimum number of spaces. Off-street stacking spaces shall be provided
as specified in Table 360-26F(1).
|
Table 360-26F(1) - Stacking Requirements
| ||
|---|---|---|
|
Activity Type
|
Minimum Stacking Spaces
|
Measured From
|
|
Bank teller lane
|
4
|
Teller or window
|
|
Automated teller machine
|
3
|
Teller machine
|
|
Restaurant drive-through
|
6
|
Order box
|
|
Restaurant drive-through
|
4
|
Order box to pickup window
|
|
Car wash stall, automatic
|
6
|
Entrance
|
|
Car wash stall, self-service
|
3
|
Entrance
|
|
Gasoline pump island
|
2
|
Pump island
|
|
Other (as determined by Borough)
|
Determined by parking study supplied by applicant
| |
(2)
Required stacking spaces are subject to the following design and
layout standards.
(a)
Stacking spaces must be a minimum of eight feet by 20 feet in
size.
(b)
Stacking spaces may not impede on- or off-site traffic movements
or movements into or out of off-street parking spaces.
(c)
Stacking spaces must be separated from other internal driveways
by raised medians if deemed necessary by the Borough for traffic movement
and safety.
G.
Off-street loading spaces.
(1)
General requirements.
(a)
Loading docks shall be provided for all uses specified in Table
360-26G for uses that require the loading of any truck requiring a
CDL, unless proof is provided that the specific use does not require
a loading dock.
|
Table 360-26G — Loading Space Requirements
| |
|---|---|
|
Type of Use
|
Number of Loading Spaces per Square Foot of Total Floor
Area
|
|
Commercial, including warehouses
|
1 space per 10,000 square feet GFA* or fraction thereof
|
|
Industrial, transportation
|
1 space per 20,000 square feet GFA* or fraction thereof
|
|
Public and recreational uses**
|
1 space per 40,000 square feet GFA* or fraction thereof (unless
under 10,000 square feet GFA in which case no loading space is required)
|
|
NOTES:
| |
|---|---|
|
*
|
See Article II, Definitions: Floor Area, Gross (GFA)
|
|
**
|
In calculating the number of spaces required for public and
recreational spaces the square footage of roofed structures, not of
open fields, needs to be considered.
|
(b)
No repair work or servicing of vehicles, except for emergency
repairs, shall be conducted in a loading space.
(c)
If more than one use is located on a parcel or lot, the number
of loading spaces provided shall be equal to the sum of the requirements
prescribed in Table 360-26G for each use.
(d)
In no case shall the required off-street loading space be considered
as part of the area provided to satisfy off-street parking requirements.
(e)
In no case where a building is being erected, converted or enlarged
for commercial, manufacturing or business purposes shall a public
right-of-way be used for loading or unloading materials.
(2)
Location and design standards.
(a)
All off-street loading spaces shall be located on the same parcel
or lot as the use they are intended to serve.
(b)
Loading spaces shall not be located within any front, side or
rear setbacks; however, rear or side setbacks may be used for maneuvering.
(c)
Each loading space shall not be less than 45 feet in length
and 12 feet in width and shall have an overhead clearance of not less
than 14 feet, except that for mortuaries, cemeteries, columbariums,
and crematories a loading berth used exclusively for hearses shall
not be less than 24 feet in length and 10 feet in width and shall
have an overhead clearance of not less than eight feet.
(d)
Each loading space shall have unobstructed access from a street,
alley or service drive.
(e)
Sufficient room for turning and maneuvering vehicles shall be
provided on the side of the loading space, except that not more than
one loading space per site may be located in a manner that would necessitate
backing a vehicle across a property line abutting a street. Alleys
may be used for maneuvering.
(f)
If loading spaces are illuminated, they shall comply with the provisions of § 360-29 of this chapter.
(g)
All loading spaces shall be screened in accordance with the provisions of § 360-30 of this chapter.
(h)
Loading spaces and their accesses shall be paved in a manner
acceptable to the Borough and shall be graded and drained so as to
comply with all applicable stormwater management regulations.
H.
Residential bicycle parking requirements.
(1)
All bicycle parking spaces shall be:
(a)
Well lit if accessible after dark;
(b)
Located to ensure visibility by building users; and
(c)
Accessible without climbing more than three steps or going up
or down a slope in excess of 12% and via a route on the property that
is designed to minimize conflicts with motor vehicles and pedestrians.
(2)
All bicycle parking in a parking facility shall be:
(a)
Separated from motor vehicles by some form of physical barrier
(such as bollards, concrete or rubber curbing or pads, reflective
wands, a wall, or a combination thereof) designed to adequately protect
the safety of bicyclists and bicycles.
(3)
All bike racks shall be located as to not cause any obstructions.
(5)
Residential bike parking must be no further than the nearest motor
vehicle parking space to the main public entrance (excluding parking
for individuals with disabilities). If the new development or major
renovation contains multiple buildings or facilities, the bicycle
parking shall be distributed to maximize convenience and use.
(6)
Bicycle parking located in designated indoor rooms or areas shall
contain bike racks, bike lockers, or comparable devices. Supplemental
security measures (such as limiting access to a designated indoor
bike parking room to persons with a key, smart card, or code) are
optional.
(7)
For every three compliant residential bicycle parking spaces provided,
the number of required off-street motor vehicle parking spaces (excluding
parking spaces for individuals with disabilities) on a site shall
be reduced by one space.
(8)
Bicycle parking requirements for special events involving street
closures.
(a)
As a condition of a permit for the closure of a street for a
special event in which the daily number of participants is projected
to be 1,000 or more, designated pop-up bicycle parking shall be provided
by the event sponsor (or its designee) for at least 1% of expected
daily participants beginning 1/2 hour before and ending 1/2 hour after
the time of the event each day of the event.
(b)
All designated bicycle parking shall be located within 200 feet
of at least one regular entrance or access point to the event.
A.
Fences may be erected, altered and maintained along property lines
if the adjoining property owner provides a written agreement of concurrence.
If there is no agreement with the adjoining property owner the fence
must be placed a minimum of six inches from property line.
(1)
Determining the site of a fence is the responsibility of the applicant
and the Borough assumes no responsibility in relation to actual property
lines.
(2)
The applicant is advised to take into consideration future maintenance
needs when determining the site of a fence.
(3)
Fences shall not impede access by emergency services personnel.
B.
Fence or wall heights shall be measured from finished grade to the top of the fence or wall at its highest point. Unless expressly provided otherwise in this chapter, fences and walls shall comply with § 360-23A, as well as the following general standards.
C.
Solid fences are permitted in side and rear yards only. Barbed wire
and razor wire fences are prohibited in all districts.
D.
In locations where potential health or safety hazards may arise,
a secure fence which prevents access is required to be erected and
maintained.
E.
Fences and walls in the Historic Overlay District are under the purview of the Historical and Architectural Review Board. Construction, demolition or major alteration of fences and walls in the Historic District requires HARB review.
A.
Operational compatibility standards. Upon the recommendation of the
Zoning Officer, the Borough Council shall be authorized to impose
conditions of approval of any permit for any nonresidential use located
adjacent to a residential use or district to reduce or minimize any
potentially adverse impacts on residential property unless said permit
requires a special exception. In this case the Zoning Hearing Board
shall be authorized to impose conditions. Such conditions may include
but shall not be limited to the following:
(1)
Hours of operation and deliveries;
(2)
Location on a site of activities that generate potential adverse
impacts on adjacent uses such as noise, dust, odor, glare, etc.;
(3)
Placement of trash receptacles;
(4)
Lighting location, intensity and hours of illumination;
(5)
Placement and illumination of outdoor vending machines, telephones
and similar outdoor services and activities;
(6)
Additional landscaping and buffering;
(7)
Additional height restrictions to preserve light, air rights, privacy
and views of significant features from public property and rights-of-way;
(8)
Preservation of natural lighting and solar access;
(9)
Ventilation and control of odors, fumes and gases;
(10)
Additional dust control paving.
B.
Setbacks: Any new nonresidential structure in a nonresidential district
shall maintain fifty-foot side and rear setbacks from any adjacent
existing residential use.
The purposes of this section are to set and require minimum
standards for outdoor lighting practices and installations that provide
for safety and security, promote energy conservation, minimize adverse
impacts of outdoor lighting, such as glare and light trespass, and
protect and retain the intended visual character of the various Borough
districts.
A.
General requirements.
(1)
Outdoor off-street lighting shall meet the applicable standards as
follows:
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Table 360-29A - Outdoor Area Lighting Standards
| |||
|---|---|---|---|
|
Zoning District
|
Maximum Permitted Illumination at the Property Line
(footcandles)
|
Maintain Minimum Illumination in Parking and Pedestrian
Areas
(footcandles)
|
Maximum Permitted Height of Luminaire
(feet)
|
|
Highway Commercial (HC)
|
0.5 (0.1 where adjoining a private property line in a residential
district)
|
0.2
|
20
|
|
Downtown Commercial (DC)
|
0.5 (0.1 where adjoining a private property line in a residential
district)
|
0.2
|
20
|
|
RS, RT1, RT2, RT3
|
0.1
|
0.2 (commercial parking areas only)
|
12 feet
|
|
Bucknell University District (BU)
|
0.5 (0.1 where adjoining a noncampus residential property)
|
0.2
|
12
|
|
Mixed Use District (MU)
|
0.5 (0.1 where adjoining a private property line in a residential
district)
|
0.2
|
20
|
|
Open Space (OS)
|
0.5 (0.1 where adjoining a private property line in a residential
district)
|
0.2 (in parking areas only)
|
At the discretion of Borough Council
|
|
NOTES:
| |
|---|---|
|
1
|
The maximum permitted illumination is measured in footcandles
at the property lines at ground level.
|
|
2
|
Light illuminating the living space of balconies of multistory
buildings shall not be subject to the twelve-foot height limitation.
Such lighting shall not include flood, spot or directional lighting
and shall be shielded so that neither light trespass nor glare occurs.
|
(2)
Except where noted in § 360-29E(3) and (4), all luminaires used in outdoor lighting installations primarily intended for illumination of horizontal surfaces shall be cutoff luminaire types.
(3)
All outdoor lighting fixtures maintained on public or private property
shall be turned off between 11:00 p.m. (E.S.T.) and sunrise, except
in the following cases:
(a)
When commercial, industrial or governmental uses are operational
during these hours, but only while the business is being conducted.
(b)
Security lighting as approved by the Zoning Officer.
(c)
When safety or security lighting is needed for closed businesses
during these hours, as approved by the Zoning Officer. During these
hours the lighting intensity levels shall not exceed 25% of the levels
normally permitted by this section.
(d)
Motion-activated lighting.
(e)
When supervised activities are taking place in parks, playgrounds
or recreation areas.
B.
Nonconforming lighting. Outdoor luminaires and lighting systems existing prior to the effective date of this chapter are protected and may continue as nonconforming structures or uses, except as noted below: § 360-29B(1), (2) and (3). Such lighting shall also conform to the regulation in § 360-29A(3). Nonconforming luminaires and lighting systems may be maintained and repaired. Maintenance and repair means replacement of burnout or inoperative lamps and/or replacement or repair of damaged or inoperative luminaire components like ballasts, ignitors, lenses, reflectors, refractors, sockets or photocell controls.
(1)
Nonconforming luminaires that pose a safety hazard to pedestrian
or vehicular traffic shall be shielded or redirected to eliminate
the hazard.
(2)
Nonconforming luminaires that cause light trespass in excess of the
limits given in Table 360-29A shall, if possible, be shielded or redirected
to eliminate the trespass.
(3)
When nonconforming luminaires are replaced with new luminaires or
when nonconforming lighting systems are expanded or extended, such
replacement, expansion or extension shall be done in accordance with
all applicable provisions of this section.
C.
Exempt lighting. The following luminaires and/or lighting installations
are exempt from the requirements of this section.
(1)
Federal- and state-required security lighting and air travel safety
lighting.
(2)
Temporary holiday and special event lighting, except that noncutoff
luminaires shall not exceed 2,300 lumens and shall be situated to
prevent glare and light trespass.
(3)
Municipal streetlights, except that the maximum height of the luminaire
shall be 25 feet.
(4)
Temporary lighting used by fire, police, rescue or repair personnel
for emergencies or road repair work.
(5)
Lighting for municipal parking lots.
D.
Specific applications.
(1)
Outdoor canopy. The provisions in this section apply to all canopies
associated with service stations and convenience stores; all canopies
over store and office fronts; all marquees and projecting overhangs;
exterior canopies over driveways and building entrances; and pavilions
and gazebos.
(a)
Luminaires mounted beneath canopies shall be recessed so that
the lens cover is recessed or flush with the bottom surface (ceiling)
of the canopy and/or shielded by the fixture or the edge of the canopy
so that light is cut-off at less than 90 degrees.
(b)
Luminaires shall not be mounted on the top or sides (fascias)
of the canopy and the sides (fascias) of the canopy shall not be illuminated.
(2)
Service station/convenience store lighting.
(a)
The average illuminance in the area directly below the canopy
shall not exceed 20 initial footcandles and the maximum shall not
exceed 30 initial footcandles.
(b)
Pole-mounted luminaires shall not exceed seven initial footcandles
average illuminance and the maximum shall not exceed 10 initial footcandles.
(c)
Horizontal lamp mounting and flat glass lens are preferred over
vertical lamp mounting. "Sag" or "drop" lenses are prohibited.
(4)
Security lighting. Security lighting sometimes requires the use of
noncutoff luminaires. Noncutoff luminaires will be permitted provided
that the luminaires used meet the following requirements:
(a)
All luminaires shall be shielded and aimed so that the candlepower
distribution is directed toward the area being secured or protected.
Luminaires shall not be directed toward property lines in such a direction
as to cause light trespass;
(b)
Security lighting shall not be used to illuminate vertical surfaces
that are higher than eight feet above grade;
(c)
Security lighting shall not be mounted on poles that are located
farther than 10 feet from the perimeter of the designated secured
area;
(d)
Security lighting used to illuminate a perimeter such as a fence
line shall have motion sensors.
(5)
Building facade and landscape lighting requirements.
(a)
In nonresidential districts, cutoff luminaires may be mounted
on walls or under roof overhangs to illuminate building facades, provided
that their direct light is confined to the surface of the building.
In residential districts, only the facades of public buildings of
historic or symbolic significance, such as schools or churches, may
be so illuminated, with the same restrictions applying. In both cases
the maximum illuminance level at the fixture shall not exceed 4,000
lumens.
(b)
In nonresidential districts, spotlights, floodlights or other
noncutoff luminaires may be used to illuminate building facades, provided
the lamps are shielded and aimed toward the functional area being
illuminated on the facade. The maximum illuminance level, at the fixture,
shall not exceed 4,000 lumens.
(c)
Spotlights, floodlights or other noncutoff luminaires may be
used to illuminate landscaping in all districts, provided the lamps
are shielded and aimed toward the landscape area intended to be illuminated.
The maximum illuminance level of the fixture shall not exceed 4,000
lumens. The maximum permitted illuminance at the property line must
comply with the standards set forth in Table 360-29A.
(d)
Noncutoff luminaires using globes or period-style fixtures may
be installed on walls or otherwise situated to illuminate only first
level facades, provided that the maximum illuminance level at the
fixture does not exceed 2,000 lumens in nonresidential districts,
or 750 lumens in residential districts, and the mounting height does
not exceed 10 feet above grade.
(e)
Neon lighting used to decorate or highlight a building shall
be permitted only in the HC district under the following requirements:
[1]
The cumulative length of neon light tubing that shall be permitted
on the exterior of the building shall be limited to the amount determined
by multiplying the linear length of all sides of the building parallel
to and facing a street or alley by two, and in no case shall the cumulative
length of such neon lighting exceed 200 linear feet of light tubing
per building.
[2]
Neon lighting shall not be located higher than 25 feet above
grade.
[3]
The maximum diameter of neon tubing shall not exceed one inch.
(6)
Outdoor facility and event lighting (applies but is not limited to
lighting installations for ball fields, ballparks, stadiums, tennis
courts, soccer fields, golf courses, driving ranges, amphitheaters
and other recreational fields).
(a)
Noncutoff luminaires may be used, provided such luminaires are
equipped with glare shields, visors, barn doors or other shielding.
To the extent possible, the illumination shall be restricted to the
playing field, stage or other surface upon which an event actually
occurs.
(b)
Only cutoff luminaires shall be used to illuminate areas beyond
the playing field, stage or other surface upon which an event actually
occurs.
(c)
The primary light source for all activities shall be turned
off within 60 minutes of the end of the event, but under no circumstances
shall be on past midnight (12:00 a.m.).
E.
Additional regulations.
(1)
All floodlights and spotlights used for any purpose whatsoever shall
be aimed and/or equipped if necessary with glare shields, visors,
barn doors or other shielding to prevent glare and light trespass
across property lines.
(2)
Sweeping laser and searchlight beams are permitted only for emergency
situations or special events that are approved by Borough Council.
(3)
All applications for a major expansion, land development, change
in land use or subdivision of land of or to commercial uses or multifamily
residential uses, or for residential uses that require the construction
of new roads, must include a lighting plan, superimposed on the site
plan, showing location, type, height and lumen output of all proposed
outdoor lighting. The applicant shall provide enough information to
verify that the proposed lighting conforms to the provisions of this
section.
(4)
All residential lighting of 1,750 lumens (approximate brightness
of a one-hundred-watt incandescent light bulb) or more shall be shielded
or aimed so that neither light trespass nor glare occurs.
(5)
Outdoor commercial lighting may be provided by various luminaire
types but shall have a Kelvin temperature (light color) of 4,000 degrees
or higher.
A.
General buffer regulations. Buffer areas act to integrate development
with its surroundings and to separate incompatible land uses.
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(1)
When a buffer area is required, it shall be a continuous pervious
planting bed consisting of trees and shrubs, as well as grass or ground
cover, of not less than eight feet in depth along the property line
between the incompatible uses.
(2)
For every 100 linear feet of buffer, the following minimum quantities
and types of plant material shall be required: one canopy tree; two
ornamental trees; two evergreen trees; and 10 shrubs. The required
plant material shall be distributed over the entire width of the buffer
area.
(3)
The requirements above are minimum standards; additional plant material,
berms or architectural elements may be included in the buffer area
at the applicant's discretion.
(4)
Existing healthy trees, shrubs or woodland may be substituted for
part or all of the required plant material.
(5)
The buffer areas may be included within required setbacks but must
not encroach upon clear sight triangle areas required for unobstructed
views at street intersections and driveways.
(6)
Parking is not permitted in the buffer area.
(7)
Fences and other accessory structures do not relieve requirements
for landscaped buffers.
(8)
A buffer that contains a variety of native plant material arranged
in informal groupings that reflect a naturalistic arrangement is encouraged.
B.
General screening regulations. Screens are intended to provide an
effective visual barrier.
(1)
Suitable types of screening include solid fences and dense evergreen hedges. A solid fence shall be a minimum of four feet and a maximum of eight feet in height, be constructed of durable and visually attractive materials and must comply with the requirements of § 360-27. Plants selected for screening shall be a minimum of three feet in height at the time of planting and shall be arranged in such a manner as to provide at least a five-foot visual barrier within three years after planting. This plant screen shall not exceed eight feet in height at maturity.
(2)
The screen shall be located as close as possible to the object to
be screened without impeding the function of, or encroaching upon,
any clear sight triangles.
(3)
Any combination of walls, fences, hedges, shrubs or evergreen trees
may be used to screen the site element as long as it is demonstrated
that the element will be fully screened from view, as required.
(4)
Screening should be selected and located where it will not contribute
to conditions hazardous to public safety. Locations that would be
hazardous include, but are not limited to, underground and aboveground
utilities and sight triangle areas required for unobstructed views
at street intersections.
C.
General planting regulations. The following standards shall apply
to all plant materials or transplanted trees, as required under this
chapter.
(1)
Plantings should be selected and located where they will not contribute
to conditions hazardous to public safety. Such locations include,
but are not limited to, underground and aboveground utilities and
clear sight triangle areas required for unobstructed views at street
intersections.
(2)
Plant maintenance.
(a)
Required plant material shall be maintained for the life of
the project to achieve the required visual effect of the buffer or
screen. It shall be the ultimate responsibility of successive property
owners to insure that the required plantings are properly maintained.
Dead or diseased plant material shall be removed or treated by the
property owner and replaced as necessary at the next growing season.
(b)
Any plant material that could endanger safety, such as unstable
limbs, shall be removed and the plant material replaced if necessary.
It shall be the responsibility of the property owner to maintain all
plantings and architectural elements to ensure a safe environment.
(c)
Required plant material shall be maintained to achieve the intended
visual effect of the buffering or screening, so long as the identified
use requires said screening or buffering.
D.
Land uses requiring buffers.
(1)
Nonresidential uses shall require a buffer area when adjoining a
residential use or residential district.
(2)
Multifamily uses shall require a buffer area when adjoining a single-family
or two-family residential use.
(3)
An industrial, warehouse or waste storage, treatment, processing
and/or disposal use shall require a twenty-foot buffer area when adjoining
any nonindustrial commercial use, residential use or public right-of-way.
E.
Site elements requiring screening from roads and surrounding land
uses.
F.
Buffer, screening and landscape requirements for off-street parking.
(1)
All off-street parking areas with five or more parking spaces shall require a minimum eight-foot buffer area within the setbacks from streets and alleys, as specified in § 360-26D(1)(c).
(2)
All off-street parking areas with five or more parking spaces shall be screened from adjoining residential uses or districts. Screening shall be located within the setback area specified in § 360-26D(1)(c). Screening may be accomplished by the placement of buildings, a solid fence, a maintained hedge or any combination thereof.
(3)
Interior landscaping which meets the following requirements shall
be provided for parking areas containing more than 6,000 square feet
of paved area or more than 20 vehicular parking spaces, whichever
is less. Interior landscaping is required in addition to required
buffers and screening.
(a)
For every 10 parking spaces, the applicant shall provide not
less than 200 square feet of interior landscaped parking lot areas
containing at least one deciduous tree with a minimum caliper of two
inches and two shrubs.
(b)
If interior landscaping requirements cause a shortfall in the
number of parking spots required for the use, as specified in Table
360-26B, each 200 square feet of area designated for landscaping may
be counted as one parking space.
(c)
To assure that landscaped areas are properly dispersed, and
to break up large expanses of parking pavement, no individual landscape
area shall be larger than 500 square feet.
(d)
Curbs or wheel stops shall be provided to prohibit bumpers and
bodies of parked vehicles from overhanging an interior landscape area
by more than 2 1/2 feet.
(e)
To retain visibility, trees shall have a clear trunk of at least
five feet above the ground. Shrubs and other landscape material shall
not exceed three feet in height.
(4)
The location of any landscaping shall not interfere with the illumination
of the parking area.
(5)
Parking lot buffers shall be broken only at points of vehicular or
pedestrian access.
No land or building in any district in the Borough shall be
used or occupied in such a manner so as to create any dangerous or
objectionable elements in such amount as to adversely affect the surrounding
area or premises. All uses of land or building shall initially and
continuously comply with all applicable performance standards established
by this chapter or any federal or state agency.
A.
Storage of potential contaminants.
(1)
All outdoor bulk storage for fuel, chemicals, industrial wastes and
other hazardous or toxic materials must be on impervious pavement
and shall be completely enclosed by an impervious barrier high enough
to contain the total volume of liquid kept in the storage area, plus
the accumulated rainfall of a fifty-year storm event of twenty-four-hour
duration.
(2)
Storage tanks for home heating oil and diesel fuel that do not exceed
275 gallons in size, and containers of fuels or chemicals kept in
ANSI-ASTM-certified containers, shall be exempted from this requirement,
provided there is no seasonal high water table (within four feet of
the surface), and that rapidly permeable sandy soils are not present
on the site.
B.
Toxic materials. No emission of toxic or noxious materials that are
demonstrably injurious to public health and safety or animal and plant
life will be permitted at or beyond the boundaries of any lot. Where
such an emission may result from an accident or equipment malfunction,
adequate precautions for mitigation and safe utilization in the future
shall be taken.
C.
Dust, fumes, vapors, gases and odors. Emission of dust, dirt, flyash,
fumes, vapors or gases that could be injurious to human health, animals,
or vegetation; detrimental to the enjoyment of adjoining or nearby
properties; or that could soil or stain persons or property, at any
point beyond the lot line of the use generating such emission, shall
be prohibited. In addition, no land use or establishment shall be
permitted to produce harmful, offensive or bothersome odors, scents
or aromas (such as, but not limited to, those produced by manufacturing
process, commercial food preparation, food processing, fish sales,
rendering, fermentation process, decaying organic matter, and incinerators)
perceptible beyond their lot lines, either at ground or habitable
elevation. The location and vertical height of all exhaust fans, vents,
chimneys or any other sources discharging or emitting smoke, fumes,
gases, vapors, odors, scents or aromas shall be shown on the plan
submitted for a zoning permit, with a description of the source materials.
D.
Glare. No land use or establishment shall be permitted to produce
a strong, dazzling light, or reflection of that light, beyond its
lot lines onto neighboring properties, or onto any public way, so
as to impair the vision of any driver of a vehicle upon that public
right-of-way. All such activities shall also comply with applicable
federal and state regulations.
E.
Noise. Between the hours of 10:00 p.m. and 7:00 a.m., noise shall
be required to be muffled so as not to exceed 55 decibels beyond the
property line of the use generating said noise.
F.
Compliance with other regulations. Applicants shall conform to the
following:
(1)
Refuse disposal. All applicants shall provide for the disposal of
all solid and liquid wastes on a timely basis and in an environmentally
safe manner.
(2)
Stormwater run-off. Surface water run-off shall be minimized and
detained on-site if possible or practicable, in accordance with the
Borough Stormwater Management Ordinance.
(3)
Erosion control. Erosion of soil and sedimentation of watercourses
and water bodies shall be minimized by employing best management practices,
as approved by the Union County Conservation District.
(4)
Floodplain control. Any proposed use or structure to be located in
any floodplain shall comply with the Borough Floodplain Management
Ordinance, prior to any zoning permit being issued.
(5)
Excavation. All excavation activities shall comply with the Pennsylvania
One-Call Regulations.
(6)
Electrical/utility apertures. All electrical/utility apertures shall
be installed, protected and screened in accordance with the installing
utility's rules and regulations.
All applicants should attempt to conform to the illustrations
in Figure(s) 360-32A and 360-32B for the uses specified in this section.
However, literal conformance to the illustrations shall not be mandatory,
except for applications involving subdivisions, land developments,
major expansions, changes in use or when the Historical and Architectural
Review Board (HARB) shall mandate it.
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