ZONING Chapter 170 Borough WILSON Northampton County, Pennsylvania

Transcription

1 ZONING Chapter 170 Borough of WILSON Northampton County, Pennsylvania

2 ZONING ORDINANCE FOR THE BOROUGH OF WILSON, PENNSYLVANIA TABLE OF CONTENTS ORDAINING CLAUSE Page No. X ARTICLE 1 GENERAL PROVISIONS TITLE SHORT TITLE APPLICATION OF ORDINANCE JURISDICTION PURPOSE OF THE ORDINANCE STATEMENT OF COMMUNITY DEVELOPMENT OBJECTIVES INTERPRETATION AND VALIDITY REPEALER SEPARABILITY 1-3 EFFECTIVE DATE 1-3 ARTICLE 2 ADMINISTRATION AND ENFORCEMENT GENERAL PROCEDURE SITE PLAN REVIEW ZONING AND OCCUPANCY PERMITS AND CERTIFICATES ZONING OFFICER ZONING HEARING BOARD SPECIAL EXCEPTION USE PROCESS CONDITIONAL USE PROCESS VARIANCES BOROUGH COUNCIL 2-12

3 TABLE OF CONTENTS (Cont.) Page No. 209 HEARINGS AMENDMENTS APPEALS, VIOLATIONS, AND PENALTIES FILING FEES 2-18 ARTICLE 3 DEFINITIONS APPLICABLE DEFINITIONS 3-1 ARTICLE 4 ESTABLISHMENT OF ZONING DISTRICTS ESTABLISHMENT OF ZONING DISTRICTS CLASSES OF ZONING DISTRICTS ZONING MAP INTERPRETATION OF BOUNDARIES 4-1 ARTICLE 5 R-1 LOW DENSITY RESIDENTIAL DISTRICT PURPOSE PERMITTED BY RIGHT USES SPECIAL EXCEPTION USES CONDITIONAL USES AREA AND DIMENSIONAL REQUIREMENTS 5-2 ARTICLE 6 R-2 MEDIUM DENSITY RESIDENTIAL DISTRICT PURPOSE PERMITTED BY RIGHT USES SPECIAL EXCEPTION USES CONDITIONAL USES AREA AND DIMENSIONAL REQUIREMENTS 6-1

4 TABLE OF CONTENTS (Cont.) Page No. ARTICLE 7 H-1 HOSPITAL-MEDICAL DISTRICT PURPOSE PERMITTED BY RIGHT USES SPECIAL EXCEPTION USES CONDITIONAL USES AREA AND DIMENSIONAL REQUIREMENTS 7-1 ARTICLE 8 TC TOWN CENTER DISTRICT PURPOSE PERMITTED BY RIGHT USES SPECIAL EXCEPTION USES CONDITIONAL USES AREA AND DIMENSIONAL REQUIREMENTS 8-2 ARTICLE 9 C-1 LOCAL COMMERCIAL DISTRICT PURPOSE PERMITTED BY RIGHT USES SPECIAL EXCEPTION USES CONDITIONAL USES AREA AND DIMENSIONAL REQUIREMENTS 9-2 ARTICLE 10 C-2 GENERAL COMMERCIAL DISTRICT PURPOSE PERMITTED BY RIGHT USES SPECIAL EXCEPTION USES CONDITIONAL USES AREA AND DIMENSIONAL REQUIREMENTS 10-2

5 TABLE OF CONTENTS (Cont.) Page No. ARTICLE 11 I-1 GENERAL INDUSTRIAL DISTRICT PURPOSE PERMITTED BY RIGHT USES SPECIAL EXCEPTION USES CONDITIONAL USES AREA AND DIMENSIONAL REQUIREMENTS 11-2 ARTICLE 12 PLANNED RESIDENTIAL DEVELOPMENT OVERLAY DISTRICT DEFINITION AND STATEMENT OF PURPOSE APPLICABILITY ELIGIBILITY USE REGULATIONS DENSITY REQUIREMENTS DESIGN STANDARDS OWNERSHIP AND MAINTENANCE OF COMMON AREAS APPROVAL BY SECTIONS TIME LIMITATIONS DEVELOPMENT PROCEDURES APPLICATION PROCEDURE APPROVAL REQUIREMENTS ABANDONMENT OF PRD FEES ADDITIONAL REQUIREMENTS ENFORCEMENT 12-18

6 TABLE OF CONTENTS (Cont.) Page No. ARTICLE 13 USE REGULATIONS APPLICABILITY OF REGULATIONS USED BY RIGHT, SPECIAL EXCEPTION, CONDITIONAL USE, AND USES NOT PERMITTED USES SUBJECT TO OTHER REGULATIONS TABLE OF USE REGULATIONS USES A AGRICULTURAL USES B RESIDENTIAL USES C RELIGIOUS, EDUCATIONAL, RECREATIONAL, AND INSTITUTIONAL USES D OFFICE USES E RETAIL AND CONSUMER USES F PUBLIC UTILITIES AND PUBLIC SERVICE ORGANIZATIONS G INDUSTRIAL USES H ACCESSORY USES ARTICLE 14 ENVIRONMENTAL AND PERFORMANCE STANDARDS PERFORMANCE AND ENVIRONMENTAL IMPACT TRAFFIC IMPACT REQUIREMENTS ENVIRONMENTALLY SENSITIVE AREAS BUFFER YARD REQUIREMENTS ARTICLE 15 GENERAL REGULATIONS LOT AREA, LOT WIDTH AND HEIGHT REGULATIONS UNIQUE LOTS AND BUILDING LOCATIONS 15-4

7 TABLE OF CONTENTS (Cont.) Page No LANDSCAPING FENCING AND WALLS NONCONFORMING USES AND STRUCTURES TEMPORARY USES PROHIBITED USES ARTICLE 16 OFF STREET PARKING AND LOADING OFF STREET PARKING AND LOADING 16-1 TABLE 2 REGULATIONS FOR OFF STREET PARKING SPACES 16-2 ARTICLE 17 SIGNS SIGNS DIGITAL OR VIDEO BILLBOARD WILSON BOROUGH ZONING MAP

8 ARTICLE 1 GENERAL PROVISIONS 100. Title An ordinance regulating the location, height, bulk, erection, construction, reconstruction, alteration, razing, removal and size of structures; the percentage of lot which may be occupied; the size of yards, courts and other open spaces; the density and distribution of population; the intensity of use of land or bodies of water for trade, industry, residence, recreation, public activities or other purposes, in all portions of the Borough of Wilson Short title This Ordinance shall be known and cited as the "2011 Zoning Ordinance of the Borough of Wilson, Pennsylvania." 102. Application of Ordinance No building, sign or other structure or land shall be used or occupied and no building or structure or part thereof shall be erected, constructed, reconstructed, moved, enlarged or structurally altered unless in conformity with the regulations of this Ordinance. However, this Ordinance shall not require any change to any building, structure or use legally existing at the effective date of this Ordinance, or any amendment thereto: or to any building, structure or use planned and construction started in compliance with existing laws prior to the effective date of this Ordinance, or any amendment thereto, and completed within a one-year period after the effective date of this Ordinance, or any amendment thereto, except as otherwise provided herein Jurisdiction The regulations and provisions of this Ordinance shall apply to and affect the incorporated limits of the Borough of Wilson, Northampton County, Pennsylvania Purpose of the Ordinance This Ordinance is enacted to implement the objectives for the Comprehensive Plan for the Borough of Wilson in accordance with the provisions of the Pennsylvania Municipalities Planning Code Act of 1968, P.L. 805, No. 247, as reenacted and amended for the following purposes: To promote, protect and facilitate the public health, safety, morals, general welfare, coordinated and practical development of the Borough, the proper density of population, emergency management preparedness and operations, the provision of adequate light and air, access to incident solar energy, protection of persons and property, the maintenance and improvement of the aesthetic qualities of the Borough, vehicle parking and loading space, transportation, water, sewage, schools, public grounds and other public requirements and the protection of the environment. 1-1

9 To prevent the overcrowding of land, blight, danger and congestion in travel and transportation, loss of health, life or property from fire, flood, panic or other dangers and to give consideration to the character of the Borough, its various parts and the suitability of the various parts for particular uses and structures. To provide for the use of land within the municipality for residential housing of various dwelling types and to accommodate reasonable overall community growth, including population and employment growth, and opportunities for development of a variety of residential dwelling types and nonresidential uses Statement of Community Development Objectives. The Wilson Borough Zoning Ordinance and Map is intended to promote the following community development objectives for the Comprehensive Plan of the Borough of Wilson as set forth below: A. To maintain and enhance the Borough of Wilson's image as a desirable residential community suited to enhance and foster family growth and development and to serve all age groups. B. To encourage residential growth and the related development of desirable commercial and industrial developments to stabilize the Borough's tax base and overall economy. C. To provide for appropriate residential densities and housing types, satisfying many age groups, income levels, family sizes and individual preferences. D. To provide adequate recreational areas to serve residents and to establish a park-like environment throughout the Borough. E. To provide necessary and desirable services and community facilities and schools to satisfy the needs and demands of present and future residents of the Borough. F. To reduce traffic congestion in the Borough and to provide adequate parking space to serve all residential and other uses in the Borough. G. To encourage neighborhood conservation and rehabilitation and preservation of historic structures. H. To eliminate undesirable, uneconomical and unattractive mixtures of land uses. I. To promote sound standards of development, to maximize stability of property values and to encourage desirable economic activities. J. To provide a street system capable of circulating people and goods within and through the Borough safely and efficiently. 1-2

10 106. Interpretation and Validity A. In the interpretation and the application of the provisions of this Ordinance, they shall be held to be the minimum requirements for the promotion of the health, safety, morals and general welfare. It is not intended to interfere with or abrogate or annul other rules, regulations or ordinances, provided that where this Ordinance imposes greater restrictions upon the use of buildings or premises or upon the height or bulk of a building or requires larger open spaces, the provisions of this Ordinance shall prevail. B. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional, unenforceable or invalid, such decision shall not affect its remaining portions. The Council of the Borough of Wilson hereby declares it would have passed this Ordinance and each section and subsection thereof irrespective of the fact that any one or more of its sections, subsections, clauses or phrases may be found by court to be unconstitutional or otherwise invalid. C. No provision contained in this Ordinance is intended to discriminate against persons protected under federal or Commonwealth of Pennsylvania laws pertaining to equal opportunity, civil rights, the elderly or persons with disabilities Repealer - The Borough of Wilson Zoning Ordinance No. 645, adopted on March 28, 1994, and all amendments thereto, are hereby completely repealed and replaced by this Ordinance. All other existing ordinances or parts of ordinances in conflict with this Ordinance, to the extent of such conflict and no further, are hereby repealed Separability It is hereby declared to be the intent of the governing body that: If a court of competent jurisdiction declares any provisions of this Ordinance to be invalid or ineffective in whole or in part, the effect of such decision shall be limited to those provisions which are expressly stated in the decision to be invalid or ineffective, and all other provisions of this Ordinance shall continue to be separately and fully effective. If a court of competent jurisdiction finds the application of any provision or provisions of this Ordinance to any lot, building or other structure, or tract of land to be invalid or ineffective in whole or in part, the effect of such decision shall be limited to the person, property, or situation immediately involved in the controversy, and the application of any such provision to other persons, property or situations shall not be affected. EFFECTIVE DATE This Ordinance shall take effect immediately subsequent to the adoption. 1-3

11 ARTICLE 2 - ADMINISTRATION AND ENFORCEMENT 200. General procedures. A. General sequence of steps. Zoning applicants desiring to undertake any new construction, structural alteration or changes in the use of a building or lot shall apply to the Zoning Officer for a zoning permit by filling out the appropriate application form and by submitting the required fee. Where required, as set forth in Articles 5 through 11, a site plan in accordance with Section 201 shall also be submitted with and made a part of the application. Based on the applicable regulations of this Ordinance and, if required, after any required review by other officials, the Zoning Officer will either issue or refuse the zoning permit, and the Zoning Officer will indicate, in writing, any conditions attached to the permit or the reason for any refusal. If refused a permit, the applicant may appeal to the Zoning Hearing Board for further consideration. After the zoning permit has been obtained by the applicant, he may proceed to obtain other necessary permits and undertake the action permitted by the zoning permit and by the other necessary permits and, upon completion of such action, shall apply to the Zoning Officer for an occupancy permit where such a permit is required. If the Zoning Officer finds that the action of the applicant has been taken in accordance with the zoning permit, he will then issue an occupancy permit allowing the premises to be occupied. B. Zoning permit types. Under the terms of this Ordinance, the following classes of zoning permits may be issued: (1) Permitted uses. A zoning permit for a permitted use may be issued by the Zoning Officer on his own authority. (2) Special exception use. A zoning permit for a special exception use may be issued by the Zoning Officer upon the order of the Zoning Hearing Board after a hearing and after any required review by the Planning Commission subject to Section 205. (3) Conditional use. A zoning permit for a conditional use may be issued by the Zoning Officer upon the approval of the Borough Council after any required review by the Planning Commission and subject to Section 206. (4) Zoning permit after an appeal or a request for a variance. A zoning permit may be issued by the Zoning Officer upon the order of the Zoning Hearing Board and after a hearing held by the Board for the purpose of deciding upon the appeal or a request for a variance. 2-1

12 201. Site plan review. (5) Temporary use permits. A zoning permit for a temporary use may be issued by the Zoning Officer or the Zoning Hearing Board as required by any of the provisions of this Ordinance. A. Purpose and procedure. Site plan review and the submission of a site plan is required herein for all special exception uses or for any other use requiring such review in accordance with the requirements of Articles 5 through 13 or other provisions of this Ordinance. The following site plan procedure shall be followed to ensure the safe and efficient movement of traffic, adequate drainage and connection to utilities, compliance with other applicable regulations and to promote the development of an attractive and well-planned Borough, to enhance sound site planning and to best serve the interests of public health, safety and general welfare and with the objectives of this Ordinance. B. Sketch plan review procedure. The applicant may elect to submit a preliminary sketch site plan containing lesser information for unofficial review by the Planning Commission. Such sketch site plan shall be for the purpose of indicating to the Planning Commission the general nature and intent of the proposal which will enable the Commission to present its initial considerations for the purpose of guiding the developer in the preparation of the official site plan, in accordance with these zoning requirements. The entire purpose of this optional procedure is to facilitate the proper development of a site plan, as required herein, and to prevent unnecessary expenses associated with the development of a site plan. This optional procedure shall be considered to be a convenience for the applicant and shall not constitute an official zoning permit application or submission and shall not convey any benefits or assurances to the applicant which he would not otherwise have had if such an optional site plan were not submitted by the applicant. All such optional plans shall be clearly marked with the words "Sketch Plan." C. An application for a use requiring site plan review, as required by this Ordinance, shall be submitted to the Zoning Officer. The applicant shall submit three complete sets of site plans certified by a design professional - registered engineer, surveyor, architect or landscape architect. D. When a site plan has been officially submitted, it shall be placed on the Planning Commission agenda for review at its next regular meeting, provided that the official submission is made 10 days or more before the regular meeting. E. Within 45 days after the official submission of a site plan, the Planning Commission shall make a written recommendation to the Zoning Officer or the Zoning Hearing Board, depending on whether the zoning permit requested is for a permitted use or a special exception use, respectively, 2-2

13 on whether the plan should be approved or disapproved. The written recommendation shall include the underlying findings and reasons affecting the Planning Commission's recommendation. In making such a recommendation, the Planning Commission may receive advice and review comments from the Borough's engineer or planner or any other competent review authority. F. The appropriate body (Zoning Officer or Zoning Hearing Board as required by this Ordinance) shall take action by approving or disapproving the plan either within 45 days after receiving the Planning Commission's written recommendation or within 90 days after the site plan is officially submitted. The Zoning Officer shall inform the applicant, in writing, of the action taken by the appropriate body and shall issue any applicable permit. G. Site plan approval shall neither relieve the applicant from any other provisions of this Ordinance nor constitute a recommendation for a variance or other relief that the applicant may seek from the Zoning Hearing Board. H. Site plan requirements. The official site plan shall include the following information: (1) A statement as to the proposed use of the building or land. (2) A site layout drawn to a scale of not less than one inch equals 100 feet showing the location, dimensions and area of each lot, the location, dimensions and height of proposed buildings, structures, streets, roads and any existing buildings in relation to property and street lines. If the application relates to property which is scheduled to be developed in successive stages, such plans shall show the relationship of the portion scheduled for initial development to the proposed layout of the entire property. (3) The location, dimensions and arrangements of all open spaces and yards, landscaping, fences and buffer yards, including methods and materials to be employed for screening. (4) The location, size, arrangement and capacity of all areas to be used for motor vehicle access, off-street parking, off-street loading and unloading and provisions to be made for lighting such areas. (5) The dimensions, location and methods of illumination for signs and exterior lighting. (6) The location and dimensions of sidewalks and all other areas to be devoted to pedestrian use. (7) Sanitary and stormwater facilities and connections. Provisions to be made for treatment and disposal of sewage and industrial wastes, water supply and storm drainage. Submission of a 2-3

14 stormwater management plan with supporting calculations shall be required. (8) The capacity and arrangement of all buildings used or intended to be used for dwelling purposes, including information on total land area, area to be reserved in common open space, density, maximum building coverage, total area to be covered with impervious surfaces and other information which will assist the Commission in determining compliance with this Ordinance. (9) A description of any proposed use in sufficient detail to permit the Commission to determine compliance with the performance and traffic impact requirements set forth in Section 1401 and the floodprone area requirements of (10) Any other data deemed necessary by the Zoning Officer, Planning Commission, or Borough Council to enable them to determine the compliance of the proposed development with the terms of this Ordinance. I. Site design guidelines. In addition to the requirements of Section 201.H, the following guidelines are presented to assist the applicant in the preparation of site and building plans and to assist the Planning Commission in the review of all site plans. These guidelines are divided into nine categories and are meant to encourage creativity, innovation and well-designed developments. They not only apply to principal buildings and structures, but also to all accessory buildings, structures, freestanding signs and other site features. (1) Preservation of landscape. Preserve the landscape in its natural state by minimizing tree and soil removal. Ensure that grade changes are compatible with the general appearance of neighboring developed areas. (2) Relation of proposed buildings to environment. Relate proposed structure(s) harmoniously to the terrain and to existing buildings that have a visual relationship to the proposed structure(s). To achieve this favorable relationship between existing and proposed uses, create focal points with respect to avenues of approach, terrain features or other buildings and relate open space between all existing and proposed buildings. (3) Drive, parking and circulation. For vehicular and pedestrian circulation, including walkways, interior drives and parking, give special attention to the location and number of access points to public streets, width of interior drives and access points, general interior circulation, separation of pedestrian and vehicular traffic and arrangement of safe and convenient parking areas. Design these vehicular and pedestrian areas to enhance the appearance of an access to the proposed buildings and structures and to the neighboring properties. 2-4

15 (4) Surface water drainage. Give special attention to proper site surface drainage to ensure that removal of surface waters will not adversely affect either neighboring properties or the public storm drainage system. Remove and efficiently carry away all stormwater from all roofs, canopies and paved areas. Collect surface water in all paved areas to permit vehicular and pedestrian movement. (5) Utility service. Place electric and telephone lines underground where possible. Locate, paint and undertake any other treatment to ensure that any utilities which remain above ground will have a minimal adverse impact on neighboring properties. (6) Advertising features. Ensure that the size, location, lighting and materials of all permanent signs and outdoor advertising structures or features will enhance rather than detract from the design of proposed buildings and structures and the neighboring properties. (7) Special features. Provide needed setbacks, buffer yards and other screening methods for exposed storage areas, exposed machinery installations, service areas, truck loading areas, utility buildings and structures and similar accessory areas and structures to help make them compatible with the existing or contemplated site design and with neighboring properties. (8) Performance, traffic impact and flood area requirements. Adequately address all requirements identified relative to Sections 1401 and (9) Subdivision and land development ordinance requirements. Where the zoning proposal requires approval under the Borough's Subdivision and Land Development Ordinance, the site plan shall also address the requirements of that ordinance Zoning and occupancy permits and certificates. A. Applications to Zoning Officer. All applications for zoning permits for permitted or special exception uses, for occupancy permits, for certificates of nonconforming use, for variances and for interpretations of any fact or provision of this Ordinance shall be made directly to the Zoning Officer. Such applications shall be in writing and shall include a plot plan drawn to scale showing the location and dimensions of the lot area and of the proposed uses of buildings and/or land and any other information required by this Ordinance. All applications for special exception or other uses subject to site plan review as set forth in Section 201.H shall also include the information required therein. The Zoning Officer, Zoning Hearing Board or the Planning Commission may require any additional information deemed necessary to properly 2-5

16 evaluate the application for the purpose of determining its conformity with this Ordinance. B. Applications to Zoning Hearing Board. All appeals where it is alleged that the Zoning Officer has made an error shall be filed directly with the Secretary and/or Solicitor of the Zoning Hearing Board. Such appeals shall be in writing and shall explain fully the facts and particulars of the case and shall clearly state the reasons and provisions of the Ordinance on which the appeal is based. C. Zoning permits. The purpose of the zoning permit is to determine compliance with the provisions of this Ordinance, and no person shall erect, alter or convert any structure, building or part thereof, nor alter the use of any land, subsequent to the adoption of this Ordinance, until a zoning permit has been issued by the Zoning Officer. Zoning permits shall be issued in duplicate and one copy shall be kept conspicuously on the premises, and no person shall perform building operations of any kind unless a zoning permit is being displayed as required by this Ordinance. Permits granted for uses of a temporary or seasonal nature may be limited to the appropriate length of time (refer to Section 1505). The Zoning Officer or the Zoning Hearing Board may revoke a zoning permit at any time if it appears that the application is in any respect false or misleading or that work being done upon the premises differs materially from that called for in the application. No zoning permit shall be issued by the Zoning Officer for any special exception or variance or appeal except on written order of the Zoning Hearing Board, or for any proposed construction, alteration or use that would be in violation of any provision of this Ordinance. No zoning permit shall be issued by the Zoning Officer for any conditional use except on written order of the Borough Council. Unless there has been substantial progress in the work for which a zoning permit was issued, as determined by the Zoning Officer, said permit shall expire one year from the date of issue, except that the Zoning Officer may grant a request for a reasonable extension of time, not to exceed one year, if warranted by the nature of the construction involved. D. Occupancy permits. The purpose of an occupancy permit is to certify that the premises comply with the provisions of this Ordinance and may be used for the purposes set forth in the occupancy permit. Prior to the use or occupancy of any land or building or for any change of use of any existing building or for any change of use of land, an occupancy permit shall be secured from the Zoning Officer. A copy of the occupancy permit shall be kept upon the premises and shall be displayed upon request made by any officer of the municipality. All applications for occupancy permits shall be in writing on forms to be furnished by the Zoning Officer. 2-6

17 E. Certificate of nonconforming use. The registration of an existing nonconforming use and/or structure may be requested by the owner of the property where such a use or structure is located. Upon application by such an owner, the Zoning Officer shall inspect and register the nonconforming uses and/or nonconforming structures on the property Zoning Officer. The owner of the premises occupied by the lawful nonconforming use or structure will then be issued a certificate of nonconforming use from the Zoning Officer. Such certificate shall be for the purpose of certifying to the owner his right to continue such nonconforming use or structure in accordance with the requirements of Section A. Appointment of Zoning Officer. This Ordinance shall be enforced by the Zoning Officer who shall be appointed by the Council. Said Zoning Officer shall not hold any elective office in the Borough. The Zoning Officer shall meet the qualifications established by the Borough and shall be able to demonstrate to the satisfaction of the Borough a working knowledge of municipal zoning. B. Duties and powers. (1) The Zoning Officer shall administer this Ordinance in accordance with its literal terms and shall not have the power to permit any construction or any use or change of use, which does not conform to this Ordinance. (2) The Zoning Officer is hereby authorized to institute civil enforcement proceedings as a means of enforcement when acting within the scope of his employment. (3) The Zoning Officer shall receive and examine all applications required under the terms of this Ordinance and shall issue or refuse permits within 30 days of the receipt of the application or, where applicable, shall refer said application within 10 days to the Zoning Hearing Board and/or Planning Commission. The Zoning Officer shall issue a written notice of violation to any person, firm or corporation violating any provisions of this Ordinance. He shall keep records of applications, of permits or certificates issued, of variances granted, of inspections made, of reports rendered and of notice or orders issued and, where applicable in accordance with Section 202.E, shall identify and register nonconforming uses and structures and shall make all inspections required to determine conformance with this Ordinance and perform all other duties as called for in this Ordinance Zoning Hearing Board. A. Board is hereby created. A Zoning Hearing Board is hereby established in accordance with the provisions of the State Act of 1968, P.L. 805, No. 2-7

18 247, as reenacted and amended, the Pennsylvania Municipalities Planning Code. The members of the Board shall be residents of the Borough and shall be appointed by the Council to serve for terms as prescribed by law. Vacancies occurring in said Board by expiration of term or otherwise shall be filled in the same manner. At the date of adoption of this Ordinance, the members of the existing Zoning Hearing Board, previously designated in accordance with the Borough Zoning Ordinance No. 645, enacted March 28, 1994, as amended, shall continue in office and shall serve as the Zoning Hearing Board under this Ordinance. B. Organization of Board. The Zoning Hearing Board shall consist of 3 members and 2 alternates as appointed by the Borough Council. The existing terms of office shall continue, with terms of office being three years, and with the terms being so fixed that the term of office of one member shall expire each year. The Zoning Hearing Board shall elect officers and conduct any hearings and take any actions required by this Ordinance and may make rules and forms for its procedure. C. Board functions. The Zoning Hearing Board shall be responsible for the following: (1) To hear and decide appeals against any alleged errors or actions of the Zoning Officer. (2) To hear and decide all requests for the interpretation of any fact or provision of this Ordinance. (3) To hear and decide all requests for variances. (4) To hear and decide all requests for special exceptions in accordance with the standards and criteria set forth in this Ordinance. (5) To hear and decide challenges to the validity of this Ordinance or Zoning Map or to any procedural questions or defects which are within its jurisdiction. (6) The preparation and submission of a report of its activities to the Council once a year. All findings and decisions of the Board shall be in writing and shall be rendered within 45 days after the last hearing before the Zoning Hearing Board, and if the Board fails to render such a decision, then the decision shall be deemed to have been rendered in favor of the applicant unless the applicant has agreed, in writing, to an extension of time. The Board shall perform such other duties as may be provided or made necessary by this Ordinance or by State Act of 1968, P.L. 805, No. 247, as reenacted and amended, including the interpretation of zoning boundaries, the holding of hearings after proper notice or the referral of 2-8

19 any pertinent matter to the Planning Commission for review and recommendations. The Board shall keep a full public record and a summary of the facts in cases over which it has jurisdiction and shall maintain adequate records on its findings and decisions. D. Notice of hearings. Notice of all hearings of the Zoning Hearing Board shall be given to the public, the applicant, the Zoning Officer, the Planning Commission, the Council and such other persons who have made a timely request for such notice. Such notice shall be given in accordance with the definition for public notice set forth in Article 3. In addition, every property owner located within 100 feet of any property where a zoning action will be considered by the Zoning Hearing Board shall be notified of such action by a certified letter explaining the action to be considered. Said certified letter(s) shall be postmarked at least 10 days prior to the date of the meeting and shall state the time, date and place where the meeting will be held and the nature of the action to be considered. In addition, written notice of said hearing shall be conspicuously posted on the affected tract of land at least one week prior to the hearing. E. The Board shall hear and decide requests for special exceptions after the Planning Commission has reviewed and made recommendations on the site plan in accordance with standards and criteria found in Article 3. In granting a special exception, the Board may attach such reasonable conditions and safeguards in addition to those expressed in this chapter as it may deem necessary to implement the purposes of the Municipalities Planning Code (53 P.S et seq.), as may be amended by state statute in the future, and this Ordinance Special exception use process. A. Purpose. The Special Exception Process is designed to allow careful review of uses that have some potential of conflicts with adjacent uses or areas. B. Special Exception Procedure. (1) A site plan shall be submitted, which shall contain the information required in 201. If a fully engineered subdivision or land development will be required, it may be submitted separately, such as after a special exception is approved. (2) The Zoning Officer should provide a review to the Zoning Hearing Board regarding the compliance of the application with this Ordinance. (3) The Zoning Hearing Board shall follow the procedures provided in

20 (4) The Borough Staff should offer a special exception application to the Planning Commission for any advisory review that the Commission may wish to provide. However, the Zoning Hearing Board shall meet the time limits of State law for a decision, regardless of whether the Planning Commission has provided comments. C. Consideration of Special Exception Applications. When special exceptions are allowed by this Ordinance, the Zoning Hearing Board shall hear and decide requests for such special exceptions in accordance with standards established by the Ordinance, including the following: (1) The applicant shall establish by credible evidence that the application complies with all applicable requirements of this Ordinance. The applicant shall provide the Board with sufficient plans, studies or other data to demonstrate compliance. (2) The approval may be conditioned upon the applicant later showing proof of compliance with other specific applicable borough, state and federal laws, regulations and permits. Required permits or other proof of compliance may be required to be presented to the Borough prior to the issuance of any zoning permit, building permit, certification of occupancy and/or recording of an approved plan. (3) The applicant shall establish that the traffic from the proposed use will be accommodated in a safe and efficient manner that will minimize hazards and congestion, after considering any improvements proposed to be made by the applicant as a condition on approval. (4) The application shall include proper site layout, internal circulation, parking, buffering, and all other elements of proper design as specified in this Ordinance. (5) The proposed use shall not substantially change the character of any surrounding residential neighborhood, after considering any proposed conditions upon approval such as limits upon hours of operation. (6) The proposed use shall not create a significant hazard to the public health and safety, such as fire, toxic or explosive hazards. (7) The proposed use shall be suitable for the site, considering the disturbance of steep slopes, mature woodland, wetlands, floodplains, and other important natural features. D. Conditions. In granting a special exception, the Zoning Hearing Board may require such reasonable conditions and safeguards (in addition to those expressed in this Ordinance) as it determines are necessary to implement the purposes of this Ordinance. Conditions imposed by the 2-10

21 Zoning Hearing Board shall automatically become conditions of the building permit issued pursuant thereto, and any failure to comply with said conditions shall be a violation of this Ordinance Conditional use process. A. Purpose. The conditional use approval process is designed to allow the Borough Council to review and approve certain uses that could have significant impacts upon the community and the environment. B. Procedure. The Borough Council shall consider the conditional use application and render its decision in accordance with the requirements of the MPC. (1) A site plan shall be submitted, which shall contain the information required in 201. Detailed site engineering such as stormwater calculations and profiles are not required at the conditional use stage. If a fully engineered subdivision or land development plan will be required, it may be submitted separately, such as after a conditional use is approved. Or, an applicant may voluntarily choose to submit a subdivision or land development plan for review at the same time as a conditional use application. (2) The Zoning Officer should provide a review to the Borough Council regarding the compliance of the application with this Ordinance. (3) The Borough Staff shall submit a conditional use application to the Planning Commission for any review that the Commission may wish to provide. However, the Borough Council shall meet the time limits of State law for a decision, regardless of whether the Planning Commission has provided comments. (4) The only uses that shall be approved as conditional uses shall be those listed as conditional uses in C. Consideration of Conditional Use Application. The Borough Council shall determine whether the proposed use would meet the applicable requirements of this Ordinance. The same standards shall apply to a conditional use as are listed in 205 for a special exception use. D. Conditions. In approving a conditional use application, the Borough Council may attach conditions they consider necessary to protect the public welfare and meet the standards of this Ordinance. These conditions shall be enforceable by the Zoning Officer and failure to comply with such conditions shall constitute a violation of this Ordinance and be subject to the penalties described in this Ordinance. 2-11

22 207. Variances. A. Board may authorize variances. The Zoning Hearing Board shall hear requests for variances where it is alleged that the provisions of this Ordinance inflict unnecessary hardship upon the applicant. The Board may grant a variance, provided that all of the following findings are made where relevant in a given case: (1) That there are unique physical circumstances or conditions, including irregularity, narrowness or shallowness of lot size or shape, or exceptional topographical or other physical conditions peculiar to the particular property and that the unnecessary hardship is due to such conditions and not the circumstances or conditions generally created by the provisions of this Ordinance in the neighborhood or district in which the property is located; (2) That because of such physical circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the provisions of this Ordinance and that the authorization of a variance is therefore necessary to enable the reasonable use of the property; (3) That such unnecessary hardship has not been created by the appellant; (4) That the variance, if authorized, will not alter the essential character of the neighborhood or district in which the property is located, nor substantially or permanently impair the appropriate use or development of adjacent property, nor be detrimental to the public welfare; and (5) That the variance, if authorized, will represent the minimum variance that will afford relief and will represent the least modification possible of the regulation in issue. B. In granting any variance, the Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of this Ordinance. Violations of any condition or safeguards imposed by the Board are subject to the appeals, violations and penalties set forth in Section Borough Council. A. Function of Borough Council. The Council will be responsible for the following: (1) To review and/or initiate any requests for amendments submitted or recommended by the Planning Commission and/or the Zoning 2-12

23 Hearing Board or any curative amendments prepared by a landowner. (2) To hear and decide all requests for recommendations for amendments submitted to the Borough by the Planning Commission or any other applicant for an amendment as set forth herein and as may be provided for in accordance with the requirements of the Pennsylvania Municipalities Planning Code State Act of 1968, P.L. 805, No. 247, as reenacted and amended. All findings and decisions of the Council shall be in writing and shall be rendered within 45 days after the last hearing before the Council, and if the Council fails to render such a decision, then the decision shall be deemed to have been rendered in favor of the applicant unless the applicant has agreed, in writing, to an extension of time. The Council shall perform such other duties as may be provided or made necessary by this Ordinance or by the Pennsylvania Municipalities Planning Code, as amended, including the holding of hearings after proper notice and the referral of any pertinent matter to the Planning Commission for review and recommendations. The Council shall keep a full public record and a summary of the facts in cases over which it has jurisdiction and shall maintain adequate records on its findings and decisions. B. Notice of hearings. Notice of all hearings of the Borough Council shall be given to the public, the applicant, the Zoning Officer, the Planning Commission, the Zoning Hearing Board and such other persons who have made a timely request for such notice. Such notice shall be given in accordance with the term "public notice," as defined in Article 3. In addition, written notice of said hearing shall be conspicuously posted on the affected tract of land at least one week prior to the hearing. C. Referral to Planning Commission. The Council shall refer to the Planning Commission all applications or appeals which, in the opinion of the Council, require review by the Planning Commission. In its review, the Planning Commission shall determine compliance with the standards and criteria set forth in this Ordinance and in all cases may report, in writing, its findings and recommendations to the Council within 14 days Hearings. A. Public notice. Public notice required for any hearings to be held by the Zoning Hearing Board or the Borough Council shall be given as described in Sections 204.D and 208.B above. B. Date of hearing. The first hearing before the board or hearing officer shall be commenced within 60 days from the date of receipt of the applicant s application, unless the applicant has agreed in writing to an extension of time. Each subsequent hearing before the board or hearing officer shall 2-13

24 be held within 45 days of the prior hearing, unless otherwise agreed to by the applicant in writing or on the record. An applicant shall complete the presentation of his case-in-chief within 100 days of the first hearing. Upon the request of the applicant, the board or hearing officer shall assure that the applicant receives at least seven hours of hearings within the 100 days, including the first hearing. Persons opposed to the application shall complete the presentation of their opposition to the application within 100 days of the first hearing held after the completion of the applicant's casein-chief. An applicant may, upon request, be granted additional hearings to complete his case-in-chief provided the persons opposed to the application are granted an equal number of additional hearings. Persons opposed to the application may, upon the written consent or consent on the record by the applicant and municipality, be granted additional hearings to complete their opposition to the application provided the applicant is granted an equal number of additional hearings for rebuttal. C. Conduct of hearings. All hearings shall be conducted in accordance with the following: (1) The parties to the hearing shall be the Borough, any person affected by the application who has made timely appearance of record and any other person, including civic or community organizations, permitted to appear by the Board or by Borough Council. (2) The Board or Borough Council shall have power to administer oaths and to issue subpoenas to compel the attendance of witnesses and the production of relevant documents and papers, including witnesses and documents requested by the parties. (3) The parties shall have the right to be represented by counsel and shall be afforded the opportunity to respond and present evidence and argument and cross-examine adverse witnesses on all relevant issues. (4) Formal rules of evidence shall not apply, but irrelevant, immaterial or unduly repetitious evidence may be excluded. (5) The Board, Borough Council or the Hearing Officer, as the case may be, shall keep a stenographic record of the proceedings. (6) The Board, Borough Council or the Hearing Officer shall not communicate, directly or indirectly, with any party or his representatives in connection with any issue involved except upon notice and opportunity for all parties to participate, shall not take notice of any communication, reports, staff memoranda or other materials, except advice from their solicitor, unless the parties are afforded an opportunity to contest the material so noticed and shall not inspect the site or its surroundings after the commencement of hearings with any party or his representative unless all parties are given an opportunity to be present. 2-14

25 210. Amendments. (7) The Board, Borough Council or the Hearing Officer, as the case may be, shall render a written decision or, when no decision is called for, make written findings on the application within 45 days after the last hearing before the Board, Council or Hearing Officer. Where the application is contested or denied, each decision shall be accompanied by findings of fact and conclusions based thereon, together with the reasons therefore. Conclusions based on any provisions of this Ordinance or of any law, ordinance, rule or regulation shall contain a reference to the provision relied on and the reasons why the conclusion is deemed appropriate in the light of the facts found. Where the Board, Council or the Hearing Officer, as the case may be, fails to render the decision within the period required by this subsection or fails to hold the required hearing within 60 days from the date of the applicant's request for a hearing, the decision shall be deemed to have been rendered in favor of the applicant unless the applicant has agreed in writing or on the record to an extension of time. (8) A copy of the final decision or, where no decision is called for, of the findings shall be delivered to the applicant personally or mailed to him no later than the day following the date of the decision. To all other persons who have filed their name and address with the Board or Council not later than the last day of the hearing, a brief notice of the decision or findings and a statement of the place at which the full decision or findings may be examined shall be mailed. Procedure. The Council may, on its own motion or by petition, amend, supplement, change, modify or repeal this Ordinance, including the Zoning Map. Before voting on the enactment of an amendment, the Council shall hold a public hearing thereon, pursuant to public notice as required by State Act of 1968, P.L. 805, No. 247, as reenacted and amended. Any landowner or the Borough itself may propose and prepare a curative amendment, as defined in Article 2, to this Ordinance for consideration by the Council in accordance with the procedures set forth in the Pennsylvania Municipalities Planning Code, Act of 1968, P.L. 805, No. 247, as reenacted and amended. In the case of an amendment other than that prepared by the Planning Commission, the Council shall submit each amendment to the Planning Commission at least 30 days prior to the hearing on such proposed amendment. In all cases, the Council shall also submit any proposed amendment to the Lehigh Valley Planning Commission at least 30 days prior to the public hearing on such proposed amendment. Said submittals shall provide each planning agency an opportunity to submit recommendations. If, after any public hearing held upon an amendment, the proposed amendment is revised or further revised to include land previously not affected by it, the 2-15

26 Council shall hold another public hearing, pursuant to public notice, before proceeding to vote on the amendment. At all public hearings, full opportunity to be heard shall be given to any citizen and all parties in interest. Within 30 days after enactment, a copy of the amendment to this Ordinance shall be forwarded to the Lehigh Valley Planning Commission Appeals; violations and penalties. A. Appeals. Appeals may be filed with the Zoning Hearing Board not later than 30 days after the date of the action which is being appealed has been made, in accordance with the procedures set forth in the Pennsylvania Municipalities Code, Act of 1968, P.L. 805, No. 247, as reenacted and amended. B. Enforcement notice. (1) If it appears to the Borough that a violation of this Ordinance has occurred, the Borough shall initiate enforcement proceedings by sending an enforcement notice as provided in this Ordinance. (2) The enforcement notice shall be sent to the owner of record of the parcel on which the violation has occurred, to any person who has filed a written request to receive enforcement notices regarding that parcel and to any other person requested, in writing, by the owner of record. (3) An enforcement notice shall state at least the following: (a) (b) (c) (d) (e) (f) The name of the owner of record and any other person against whom the Borough intends to take action. The location of the property in violation. The specific violation with a description of the requirements which have not been met, citing in each instance the applicable provisions of this Ordinance. The date before which the steps for compliance must be commenced and the date before which the steps must be completed. That the recipient of the notice has the right to appeal to the Zoning Hearing Board within a period of 10 days. That failure to comply with the notice within the time specified, unless extended by appeal to the Zoning Hearing Board, constitutes a violation, with possible sanctions clearly described. C. Causes of action. In case any building, structure, landscaping or land is or is proposed to be erected, constructed, reconstructed, altered, converted, 2-16

27 maintained or used in violation of this Ordinance, the Borough Council or, with the approval of Council, an officer of the Borough or any aggrieved owner or tenant of real property who shows that his property or person will be substantially affected by the alleged violation, in addition to other remedies, may institute any appropriate action or proceeding to prevent, restrain, correct or abate such building, structure, landscaping or land or to prevent, in or about such premises, any act, conduct, business or use constituting a violation. When any such action is instituted by a landowner or tenant, notice of that action shall be served upon the Borough at least 30 days prior to the time the action is begun by serving a copy of the complaint on the Borough Council. No such action may be maintained until such notice has been given. D. Enforcement remedies. (1) Any person, partnership or corporation who or which has violated or permitted the violation of the provisions of this Ordinance shall, upon being found liable therefore in a civil enforcement proceeding commenced by the Borough, pay a judgment of not more than $500, plus all court costs, including reasonable attorney fees incurred by the Borough as a result thereof. No judgment shall commence or be imposed, levied or payable until the date of the determination of a violation by the District Justice. If the defendant neither pays nor timely appeals the judgment, the Borough may enforce the judgment pursuant to the applicable rules of civil procedure. Each day that a violation continues shall constitute a separate violation, unless the District Justice, determining that there has been a violation, further determines that there was a good faith basis for the person, partnership or corporation violating this Ordinance to have believed that there was no such violation, in which event there shall be deemed to have been only one such violation until the fifth day following the date of the determination of a violation by the District Justice, and thereafter, each day that a violation continues shall constitute a separate violation. (2) The Court of Common Pleas, upon petition, may grant an order of stay, upon cause shown, tolling the per diem fine pending a final adjudication of the violation and judgment. (3) Nothing contained in this Ordinance shall be construed or interpreted to grant to any person or entity other than the Borough the right to commence any action for enforcement pursuant to this Ordinance. (4) At the time of adoption of this new Zoning Ordinance of 2011, there may be existing violations of the Borough of Wilson Zoning Ordinance No. 645 of It is not the intent of this new 2011 ordinance to cure or satisfy such prior violations, and the Borough 2-17

28 reserves the right to enforce such prior violations under Sections 211.C and 211.D of this Ordinance Filing fees. The following fees shall be paid at the office of the Zoning Officer. A. Zoning permits and applications. Applicants for zoning permits or other actions shall be required to pay the following fees: (1) Zoning permit for a permitted use: $25 (2) Zoning application requiring one special Zoning Board or Borough Council meeting and/or a public hearing and action by either body. The zoning application may include appeals for alleged errors, interpretations, variances, special or conditional uses or requests for zoning amendments. Such fees are necessary to pay for the cost of advertisements, recordation and minutes, administration by Zoning Officer and legal fees: $300 (3) Occupancy permits: $25 (4) Certificate and registration of nonconforming uses: $30 B. Special review fees. In the event that any applications of the type listed under Section 212.A(2) above require more than one meeting and/or public hearing by the Zoning Hearing Board or Borough Council, then additional reasonable fees may be prescribed by the Borough for the necessary compensation for the Secretary and members of the Zoning Hearing Board, notice and advertising costs and necessary administrative overheads connected with the hearing, in accordance with the requirements of Section 908 of the Pennsylvania Municipalities Planning Code. Fees for a required stenographic record of the proceedings and for the cost of transcripts shall be shared by the Borough and the applicant as also set forth in Section 908 of the Pennsylvania Municipalities Planning Code. 2-18

29 300. Applicable Definitions ARTICLE 3 - DEFINITIONS Except where specified in the following definitions, all words used in this Ordinance shall carry their customary meanings. Words used in the present tense include the future; the singular number shall include the plural and the plural the singular; the word "building" shall include the word "structure"; and the word "occupied" or "used" shall include "arranged," "designed," "constructed," "altered," "converted," "rented," "leased" or "intended" to be used; and the word "shall" is intended to be mandatory, and the word "may" is permissive; the word "abut" shall include the words "directly across from"; and the word "lot" includes "parcel," "tract" or "plot." ACCESSORY USE OR STRUCTURE A use or structure subordinate to and located on the same lot as the principal use or building and serving a purpose customarily incidental to the use of the principal use or building. The term accessory structure includes but is not limited to a private garage, shed or barn, private playhouse, private greenhouse, private swimming pool and private parking area. Where any part of the wall of an accessory building is part of the wall of a main building or where the accessory building is attached to the main building by a roof, including carports however covered, such accessory building shall be deemed part of the main building. ADULT BOOK, VIDEO STORE OR ESTABLISHMENT An establishment having a portion of its stock-in-trade including but not limited to books, magazines, photographs, videotapes, computer disks or other materials which are distinguished by their emphasis on matter depicting, describing or relating to adult materials, as defined herein. ADULT MATERIALS OR ACTIVITIES The exhibition or dissemination by sale, loan or otherwise of explicit sexual materials or the conduct of live activities or uses of an obscene nature if such use comprises more than 20% of the stock-intrade of the premises or constitutes, from time to time, the primary or major attraction to the premises. EXPLICIT SEXUAL MATERIALS, as used herein, means: Any picture, photograph, drawing, sculpture, motion-picture film or other similar visual representation or image of a person or portion of the human body which depicts nudity, sexual conduct or sadomasochistic abuse; or Any book, pamphlet, magazine, printed matter, videotape, computer disk or other device, however reproduced, or sound recording which contains any matter enumerated above, or explicit and detailed verbal excitement, sexual conduct or sadomasochistic abuse. 3-1

30 ADULT NATURE, as used herein, means that: The average person, applying contemporary community standards, would find that the subject matter taken as a whole appeals to the prurient interest; The subject matter depicts or describes in a patently offensive way materials of the type described hereinabove; and The subject matter, taken as a whole, lacks serious literary artistic, political, educational or scientific value. Words and phrases used herein shall have the meanings given to them under 18 Pa.C.S.A and any amendments, from time to time, thereto. ADULT PICTURE THEATER An enclosed building or outdoor theater used for presenting motion pictures, slides, videotapes, disks or other reproduced images or for live activities or uses distinguished or characterized by an emphasis on matter depicting, describing or relating to obscene materials, as defined herein. ALLEY A public or private way affording only secondary means of access to abutting property. Alleys may also be known as courts, places or lanes and may encompass areas described as paper alleys. ALTERATIONS, STRUCTURAL As applied to a building or structure, a change or rearrangement in the structural parts of a structure, including the walls, columns, beams, girders, floors, roof or ceiling; or an enlargement, whether by extending on a side or by increasing in height; or the moving from one location or position to another; but not including normal maintenance or minor repairs or improvements. AMUSEMENT GAMES OR MACHINES AMUSEMENT GAME MACHINES A coin-operated machine or device which, whether mechanical, electrical or electronic, shall be ready for play by the insertion of a coin or other deposit with a monetary value, and may be operated by the public for use as a game, entertainment or amusement, the object of which is to achieve either a high or low score, which, by comparison to the score of other players, whether playing concurrently or not, demonstrates relative skill or competence or indicates in any other way competitive advantage of one player or team over another, regardless of skill or competence. It shall include devices such as pinball machines or any device which utilizes video or computer equipment to reproduce symbolic figures and lines intended to be representative of real or other games or activities. AMUSEMENT MACHINES, OTHER A coin-operated machine or device, not including amusement games, which provides a ride, sensation, electronic reading or weight, photograph, lamination or item of 3-2

31 merchandising provided at random among other items of merchandise, for use by and to the amusement of the public. AMUSEMENT MACHINE COMPLEX A group of more than two amusement games or other amusement machines in the same place, location or premises. ANIMAL SHELTER OR RESCUE - A facility which is used to house or contain animals and which is owned, operated or maintained by an incorporated humane society, animal welfare society, society for the prevention of cruelty to animals or other not-for-profit organization devoted to the welfare, protection and humane treatment of such animals. APPLICANT - A landowner or developer, as hereinafter defined, who has filed an application for development including heirs, successors and assigns. APPLICATION FOR DEVELOPMENT Every application, whether preliminary, tentative or final, required to be filed and approved prior to start of construction or development including but not limited to an application for a building permit, for approval of a subdivision or approval of a development plan. ASSISTED LIVING FACILITY A building containing dwelling units and 24-hour staff services to provide assistance and care for elderly residents capable of independent or semi-independent living, each of whom are primarily [at least 65%] at least 62 years of age or handicapped (or the spouse of an otherwise qualified resident), but not requiring nursing home care. AUTOMOTIVE JUNKYARD A place where two or more motor driven vehicles which do not bear a current state inspection sticker and/or license plate and/or their related parts are stored or disassembled. AUTO, TRAILER, OR BOAT SALES AREA An open area, other than a street, used for the display, sale, or rental of new or used motor vehicles, trailers, or boats in operable condition and where repair work is done. AUTO SERVICE STATION A building or place of business where gasoline and automobile accessories are dispensed directly to the motor vehicle trade, and where automotive repair services may be rendered. AUTO WRECKING The dismantling or disassembling of used motor vehicles or trailers or the storage, sale or dumping of dismantled, partially dismantled, obsolete or wrecked vehicles or their parts. BASEMENT A floor level partly or completely below grade. A basement shall be considered a story if more than 1/3 of the perimeter walls are 5 feet or more above the finished grade level of the ground immediately adjacent to the walls. BOARD See "ZONING HEARING BOARD." BOARDINGHOUSE See "ROOMING OR BOARDING HOUSE." 3-3

32 BOROUGH The Borough of Wilson, located in Northampton County (also see "MUNICIPALITY OR BOROUGH"). BUILDING Any structure having a roof supported by columns, poles, piers, cables or walls, used for the shelter, housing or enclosure of persons, animals or property, including tents or structures on wheels or porches, as defined herein. Structures divided by unpierced masonry division walls extending from the ground to the roof shall be deemed to be separate buildings. BUILDING COVERAGE, MAXIMUM The maximum ratio obtained by dividing the ground floor area of all principal and accessory buildings on a lot (including covered porches, carports and breezeways, but excluding open patios, parking areas, swimming pools, tennis courts and other structures which are open to the sky) by the total area of the lot upon which the buildings are located. Said ground floor area shall be computed by using the maximum outside building dimensions, including cantilevered areas measured on a horizontal plane. BUILDING HEIGHT The vertical distance derived from the average of the finished grade at the foundation corners of the building or structure to the highest point of the building or structure, excluding a chimney or other similar structure listed in 1500.F(2). BUILDING, PRINCIPAL A building in which is conducted the main or principal use of the lot on which it is situated. BUILDING RESTRICTION LINE A line that designates the minimum distance between any building and/or use and the adjacent road right-of-way or property line. Such line shall be measured at right angles from the front, side or rear street right-of-way or property lines which abut the property upon which said building and/or use is or is to be located and parallel to said right-of-way or property line. BULK The size and shape of building uses and the exterior relationship of their exterior walls, or their location, to lot lines and other buildings or other walls of the same building; and all open spaces required in connection with a building. Bulk regulations include, but are not limited to, regulations dealing with lot size, lot area per dwelling unit, lot width and depth, building height, required yards, building coverage, courts, usable open space, floor area ratio, spacing between buildings on a single lot and the length of buildings in a row. CODE ENFORCEMENT OFFICER The official Code Enforcement Officer, designated by the municipality to administer certain codes and/or ordinances adopted by the municipality, who may also be designated as the Zoning Officer charged with the duty of administering and enforcing the provisions of this Ordinance. That person shall be a UCC licensed Building Code Officer. COMMERCIAL VEHICLE Any motor vehicle which is required by law to bear any license plate other than that issued for passenger car use. Also, any motor vehicle, including passenger cars, which, by reason of a characteristic coloring or marking exceeding one square foot in area, is identified or commonly associated with any business, industry or public agency shall be considered a commercial 3-4

33 vehicle within the terms of this Ordinance. Other passenger cars used in business by a resident shall not be considered a commercial vehicle. COMMISSION See "PLANNING COMMISSION." COMPREHENSIVE PLAN The official Comprehensive or Land Use Plan of the Borough of Wilson as may be adopted by the Council. CONDITIONAL USE - A use or occupancy of a structure, or a use of land, permitted only upon issuance of a conditional use permit and subject to the limitations and conditions specified therein. CONVALESCENT HOME See "NURSING HOME." CURATIVE AMENDMENT A proposed amendment to this Zoning Ordinance prepared by a landowner who desires to challenge, on substantive grounds, the validity of this Zoning Ordinance or Map or any provision thereof, in accordance with Section of the Pennsylvania Municipalities Planning Code, Act of 1968, P.L. 805, No. 247, as reenacted and amended. DAY CARE CENTER - Any facility operated for the purpose of providing care, protection and guidance to individuals during only part of a 24-hour day. This term includes nursery schools, preschools, day care centers for individuals, and other similar uses but excludes public and private educational facilities or any facility offering care to individuals for a full 24-hour period. ADULT DAY CARE CENTER - A facility providing care for the elderly and/or functionally impaired adults in a protective setting for a portion of a 24-hour day. CHILD DAY CARE CENTER - A type of day care use that provides care for 7 or more children at any one time who are not relatives of the primary caregiver, does not occur within a dwelling unit, and is registered with the applicable State agency (Pennsylvania Department of Public Welfare). FAMILY DAY CARE, HOME - A type of day care use that is accessory to and occurs within a dwelling unit and provides care for 4 to 6 children at one time who are not relatives of the primary caregiver. GROUP DAY CARE, HOME - A type of day care use that provides care for between 7 and 12 children at one time who are not relatives of the primary caregiver, provides care within a dwelling unit, and is registered with the applicable State agency (Pennsylvania Department of Public Welfare). DECK See "PATIO" and "PORCH." DENSITY, GROSS PROJECT The gross project density of a residential subdivision, land development, planned residential development or residential 3-5

34 cluster development, measured in residential dwelling units per acre, shall be equal to the total number of residential dwelling units in the project divided by the permanent gross total project area of the development, including private drives, parking areas, recreation and common open space and other related uses permitted in the development. DENSITY, NET PROJECT The net project density of a residential subdivision, land development, planned residential development or residential cluster development, measured in residential units per acre, shall be equal to the total number of residential dwelling units divided by the total net residential land in acres. The total net residential land is equal to the land in the project which is used only for residential purposes or for related residential yard areas or which is directly associated with each residential dwelling unit, such as parking areas to serve residents or permitted accessory uses. The net residential land does not include public or private street rights-of-way, recreation and common open space and other uses, which are not directly associated with each residential dwelling unit. DEVELOPER - Any landowner, agent of such landowner, or a tenant with the permission of such landowner, who makes or causes to be made a subdivision of land or a land development. DISTRICT OR ZONE A portion of the territory of the Borough within which certain uniform regulations and requirements or various combinations thereof apply under the provisions of this Ordinance. DUMP A site used primarily for the disposal by abandonment, dumping, burial, burning or other means and for whatever purpose of garbage, trash, junk, vehicles or parts thereof or waste material of any kind. DWELLING Any building, vehicle or portion thereof designed or used exclusively as the residence or sleeping place of one or more persons and as defined further below. The term "dwelling" shall not be deemed to include automobile court, rooming house, tourist home, hotel, motel, hospital, nursing home, dormitory, fraternity, sorority house or family care or group care facility, as defined herein. DWELLING UNIT One or more rooms, including a kitchen (or kitchenette) and sanitary facilities in a dwelling structure designed as a unit for occupancy by not more than one family (as defined herein) for living and sleeping purposes, and having a separate and independent entrance. DWELLING, EFFICIENCY A configuration for a dwelling unit within a multifamily or apartment building where a separate bedroom is not provided and the sleeping quarters are located in the same room as the living quarters. DWELLING, SINGLE-FAMILY DETACHED A detached building on a permanent foundation, designed for or occupied exclusively as a residence by one family, except for an accessory dwelling unit, as defined 3-6

35 below, including a mobile home dwelling, as defined below, except that such mobile home must be located on a permanent foundation. DWELLING, SINGLE-FAMILY SEMI-DETACHED A building on a permanent foundation, designed for use as a single dwelling unit to be occupied exclusively as a residence by one family, which has only one side yard and vertical wall in common with another building. DWELLING, TWO-FAMILY DETACHED ( STACKED ) A detached building on a permanent foundation in which not more than two individual family or dwelling units are entirely separated by horizontal floors, and where each dwelling unit has a completely separate entry and exit. MOBILE HOME A transportable single-family dwelling structure constructed on a permanent foundation, intended for permanent occupancy for use by one family, contained in one unit or in two or more units designed to be joined into one integral unit capable of again being separated for repeated towing, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations; except for a travel trailer, as defined herein; and excluding such mobile home dwellings or prefabricated homes or sections thereof which when assembled or combined into a single unit are more than 19 feet in width and no longer readily capable of being separated for repeated towing. DWELLING STRUCTURES, MULTIFAMILY Structures which contain three or more dwelling units, including dwelling units commonly referred to as townhouses, row houses, garden apartments, quadruplex units, high-rise units for the elderly or other designations. Each dwelling unit in such a structure shall be designed for occupancy of families living independently of each other. DWELLING UNIT, ACCESSORY A separate second dwelling unit which may be located within a structure in which the principal use is for a single-family dwelling, provided that such accessory dwelling shall be permitted only if it conforms with the following conditions: It shall not exceed three rooms or 800 square feet in total livable area or 40% of the total residential floor area (excluding basement and attic floor space), whichever is less. It is not intended for occupancy by more than two persons. The entire dwelling structure, including both the principal and the accessory dwelling unit, shall remain in the same ownership at all times, and the principal unit shall be occupied by the owner of the structure at all times. In the event that this condition ceases to exist, then the use of the accessory dwelling unit shall be terminated in the structure. 3-7

36 ESSENTIAL SERVICES The erection, construction, alteration or maintenance, by public utilities or municipal or other governmental agencies, of underground or overhead gas, electrical, communication, water transmission or distribution systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, traffic signals, hydrants and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate service by such public utilities or municipal or other governmental agencies or for the public health or safety or general welfare, but not including buildings, except telephone booths, fire houses, pump stations, treatment plants and similar facilities which shall also be considered as essential service facilities hereunder. FAMILY Any group of individuals living together as the functional equivalent of a family where the residents may share living expenses, chores, eat meals together and are a close group with social, economic and psychological commitments to each other. A family includes, for example, the residents of residential care facilities and group homes for people with disabilities. A family does not include larger institutional group living situations such as dormitories, fraternities, sororities, monasteries or nunneries. FENCE Any outdoor barrier of either natural living vegetation or composed of fabricated materials, as defined below, which is placed or arranged as a line of demarcation between lots or to enclose a lot or a part of a lot. The height of any fence shall be the distance measured from the existing grade of the natural surface to the top of the fence. NATURAL LIVING FENCE A barrier of natural living vegetation, including shrubs, hedges, trees or other plant materials, shall only be considered to be a fence if 50% or more of the horizontal length of such materials or growth within six feet of the ground surface provides a visual screen or obstruction to vision. FABRICATED MATERIALS FENCE Any structure or wall, regardless of composition of material, except for a natural living fence, which is constructed and installed to act as a visual or physical outdoor barrier. FLOOD, 100-YEAR - A standard adopted by the Federal Emergency Management Agency to identify areas where there exists a one percent annual chance of a flood occurring. FLOODPLAIN - The land area susceptible to inundation by water as a result of a flood. FLOODWAY - The channel of watercourse and those portions of adjoining floodplains which are required to carry and discharge the 100-year flood with no significant increase in the base flood elevation. FLOOD FRINGE - The portion of the floodplain outside the floodway. 3-8

37 FLOOD-PRONE AREA An area subject to flooding as defined in any Floodplain Management Ordinance adopted by the Borough of Wilson and as it may be amended thereafter. FLOOR AREA The sum of the gross areas of the floors of every story of a building measured from the exterior faces of exterior walls or from the center lines of common or party walls separating two buildings. Regardless of the internal arrangements of a building, it shall be deemed to have at least one story for each 20 feet of height or fraction thereof. FLOOR AREA RATIO The total floor area of a building divided by the area of the lot on which it is located. FORESTRY The management of forests and timberlands when practiced in accordance with accepted silvicultural principles, through developing, cultivating, harvesting, transporting and selling trees for commercial purposes, which does not involve any land development. GARAGE OR PARKING AREA, PRIVATE An accessory parking area or building or part of a principal building used only for the storage of private motor vehicles and other personal effects of the occupant of the principal structure. GARAGE, SERVICE A building or part thereof used for the repair of motor vehicles for remuneration and not used for dismantling or scrapping of motor vehicles. GARAGE, COMMUNITY A building or group of buildings used exclusively for the storage and parking of automobiles and not used for making repairs thereto. GROUNDWATER - Water that occurs beneath the land surface, also called subsurface water or subterranean water. Groundwater includes water in the zone of saturation of a water-bearing formation. GROUNDWATER RECHARGE AREA - Land or water areas through which groundwater is replenished. GROUP CARE FACILITY A facility which provides resident services, for a fee or charge, for individuals who are being cared for by an appropriate residential supervisory staff. These individuals may be handicapped, aged or disabled or in need of medical and/or adult supervision and are undergoing rehabilitation and are provided service and supervision in accordance with their individual needs. This category includes uses licensed or supervised by any federal, state or County health/welfare agency (all ages), halfway houses, resident schools, resident facilities and foster care homes or boarding homes for children or adults, but does not include group homes, nursing homes or detention centers, as defined herein. GROUP HOME Includes a group of persons, some or all of whom are not related by blood, marriage, legal adoption or foster placement, living together as 3-9

38 a single housekeeping unit in a residential dwelling unit, but not including group care facilities, as defined herein. HOME OCCUPATION An occupation or activity which is clearly incidental and secondary to use of the premises as a dwelling and which is carried on wholly or in part within a main building or accessory building by a member of the family who resides on the premises. Also refer to definition for NO-IMPACT HOME BASED BUSINESS. HOSPITAL A building or part thereof used for the medical, psychiatric, obstetrical or surgical care, on a twenty-four-hour basis, of seven or more inpatients. Hospitals shall include general hospitals, mental hospitals, tuberculosis hospitals, children's hospitals and any such facilities providing medical inpatient care and related outpatient service. HOTEL A building or group of buildings designed to serve the public, with one or more outside entrances, which contains six or more permanent bedrooms and which is designed, arranged and used for the overnight lodging of travelers or for temporary occupancy of transients and which may include a public dining room and kitchen. HOUSEKEEPING UNIT, SINGLE - One person or two or more individuals living together sharing household responsibilities and activities which may include, sharing expenses, chores, eating evening meals together and participating in recreational activities and having close social, economic and psychological commitments to each other. HUB HEIGHT the distance measured from the surface of the tower foundation to the height of the wind turbine hub, to which the blade is attached. INFLATABLE DEVICE Any air or gas filled device located, attached, or tethered to the ground, site, merchandise, building, or roof and used for the purposes of signage, advertising, or attention-getting. JUNK Includes scrap iron, scrap tin, scrap brass, scrap copper, scrap lead or scrap zinc and all other scrap metals and their alloys and bones, rags, used cloth, used rubber, used machinery, used tools, used appliances, used fixtures, used utensils, used lumber, used boxes or crates, used pipe or pipe fittings, used tires and other manufactured goods, any of which are so worn, deteriorated or obsolete as to make them unusable in their existing condition but are subject to being dismantled or processed for reclamation, salvage or recycling. JUNKYARD Consists of an outdoor storage yard or premises where junk, waste, discarded or salvage materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled, including automobile wrecking yards, house wrecking and structural steel materials and equipment yards. KENNEL - The keeping of more than three dogs, cats, ferrets or other animals customarily kept as household pets that are more than four months old for breeding, training, selling or boarding. 3-10

39 LAND DEVELOPMENT - The improvement of one lot or two or more contiguous lots, tracts or parcels of land for any purpose involving a group of two or more residential or nonresidential buildings, whether proposed initially or cumulatively, or a single nonresidential building on a lot regardless of the number of occupants or tenants; OR the division or allocation of land or space, whether initially or cumulatively, between or among two or more existing or prospective occupants by means of, or for the purpose of streets, common areas, leaseholds, condominiums, building groups or other features. A subdivision of land. LOT A designated parcel, tract or area of land established by a plat or otherwise, as permitted by law, to be used, developed or built upon as a unit. LOT AREA The computed area contained within the lot lines. LOT, CORNER A lot situated at and abutting the intersection of two streets. LOT DEPTH The average distance between the front and the rear lot lines. LOT LINES The property lines bounding the lot. LOT LINE, FRONT The line separating the lot from the principal street right-of-way on which the lot has frontage. LOT LINE, REAR The lot line opposite and most distant from the front lot line. LOT LINE, SIDE Any lot line other than a front or rear lot line. A side lot line separating a lot from a street is called a side street lot line. LOT WIDTH The width of the lot between side lot lines at the front building line as prescribed by the front yard regulations. MEMBERSHIP CLUB See "SOCIAL HALL, CLUB OR LODGE." MIXED-USE BUILDING - A building that contains at least one floor devoted to permitted nonresidential uses and at least one devoted to permitted residential uses. MOBILE HOME - See definition of MOBILE HOME under DWELLING. MOBILE HOME PARK A parcel of land at least 10 acres in size, under single ownership, which has been planned and improved for the placement of two or more mobile homes for non-transient use. MOTEL A building or group of buildings designated to serve the public, whether detached or in connected units, used as individual sleeping or dwelling units, designed primarily for overnight lodging and transient travelers and 3-11

40 provided with accessory off-street parking facilities, and which may include a public dining room or restaurant. The term "motel" includes buildings designed as tourist courts, motor lodges, auto courts and other similar uses. MUNICIPALITY OR BOROUGH The Borough of Wilson, located in Northampton County, Pennsylvania. NO-IMPACT HOME BASED BUSINESS A business or commercial activity administered or conducted as an accessory use which is clearly secondary to the use as a residential dwelling and which involves no customer, client or patient traffic, whether vehicular or pedestrian, pick up or delivery or removal functions to or from the premises in excess of those normally associated with residential uses. The business or commercial activity must satisfy the following requirements: A. The business activity shall be compatible with the residential use of the property and surrounding residential uses. B. The business shall employ no employees other than family members residing in the dwelling. C. There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature. D. There shall be no outside appearance of a business use, including, but not limited to, parking, signs or lights. E. The business activity shall not use any equipment which creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood. F. The business activity may not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use in the neighborhood. G. The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area. H. The business shall not involve any illegal activity. NONCONFORMING LOT Any lot, legally existing at the date of passage of this Ordinance, which does not conform with either one or more of the following: the minimum width, depth and area dimensions specified for the district where such a lot is situated. NONCONFORMING STRUCTURE A building or structure or part thereof manifestly not designed to comply with the applicable use or extent of use provisions in this Ordinance or amendment thereto or hereafter enacted where such building or structure lawfully existed prior to the enactment of such 3-12

41 Ordinance or amendment or prior to the application of such Ordinance or amendment to its location by reason of annexation. NONCONFORMING USE A use, whether of land or building or structure, which does not comply with the applicable use provisions of this Ordinance or amendment thereto or hereafter enacted, where such use was lawfully in existence prior to the enactment of such Ordinance or amendment or prior to the application of such Ordinance or amendment to its location by reason of annexation. NURSING HOME An institutional use licensed under the laws of the Commonwealth of Pennsylvania for lodging, boarding and nursing care, including any premises containing sleeping rooms or beds to be used by seven or more persons who are lodged and furnished with meals, related facilities and professional staff and nursing care on a twenty-four-hour basis. Nursing homes shall also include convalescent homes, skilled nursing facilities, intermediate care facilities and infirmaries located within homes for the aged, but shall exclude residential care facilities for the elderly and residential retirement complex, as defined herein. OBSTRUCTION TO VISION Any structure, fence, sign, plant material or other obstruction which obstructs vision between a height of two to 10 feet above the center line grade of the adjoining streets or driveways within the triangle formed by the street or driveway intersection, created by the right-of-way line of each street or driveway extended to a point, and a line drawn between two points on the right-of-way line of each street or driveway, each located 15 feet from the street or driveway intersection for local and collector streets, and 30 feet for major state and federal traffic routes. All plant materials shall be kept trimmed to ensure uninterrupted vision for motor vehicle traffic. PAPER ALLEY A public or private way providing access to abutting property(s) containing no underground utility and not maintained by the Borough. PATIO A surfaced area or courtyard or a deck less than one foot above ground elevation designed for outdoor living purposes as an accessory use to a structure, which shall be completely unenclosed except for any side which may adjoin a structure or for any fences or walls less than four feet in height, shrubs or hedges. Outdoor areas which are screened or enclosed by a roof or awning shall be considered to be a structure. (See "PORCH.") PERMIT A document issued by the proper authority of the municipality authorizing an applicant to undertake certain activities, as further defined below: ZONING PERMIT A permit issued indicating that a proposed use, building or structure is in accordance with the provisions of this Ordinance or with an order of the Zoning Hearing Board and authorizing an applicant to proceed with said use, building or structure. BUILDING PERMIT A permit indicating that a proposed construction, alteration or reconstruction of a structure is in accordance with the 3-13

42 construction provisions of any building code which may be adopted by the Borough which authorizes an applicant to commence with said construction, alteration or reconstruction. Such a permit shall not be confused with a zoning permit or with an occupancy permit as may be required under the terms of this Ordinance. OCCUPANCY PERMIT A permit issued upon completion of the construction of a structure or change in use of structure or parcel of land indicating that the premises comply with the provisions of this Ordinance and may be used for the purposes set forth in the occupancy permit. CONDITIONAL USE PERMIT - A permit which may be granted under the provisions of this Ordinance and which when granted authorizes a particular use to be made of a particular premises, subject to compliance with all the terms and conditions contained in the permit. PERMITTED USE Any use which does not require special action by the Planning Commission or the Zoning Hearing Board before a zoning permit is granted by the Zoning Officer. PLANNED RESIDENTIAL DEVELOPMENT - An area of land, controlled by a landowner, to be developed as a single entity for a number of dwelling units, or combination of residential and nonresidential uses, the development plan for which does not correspond in lot size, bulk, type of dwelling, or use, density, or intensity, lot coverage and required open space to the regulations established in any one district created, from time to time, under the provisions of a municipal zoning ordinance. PLANNING COMMISSION The Planning Commission of the Borough of Wilson. PORCH A structure or part of a structure which is enclosed on one or more sides by a fence or wall which is four feet high or higher or covered by a roof or awning; or a structure which would otherwise be classified as a patio or deck except that it is one foot or more above the ground elevation. PRINCIPAL USE The primary or main use of a lot, parcel or structure. PROFESSIONAL OFFICE Includes the office of a physician, dentist, optometrist, architect, landscape architect, engineer, planner, insurance broker, realtor, accountant, lawyer, author or other member of a recognized profession. PUBLIC NOTICE Notice for a public hearing published once each week for two consecutive weeks in a newspaper of general circulation in the Borough. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. The first publication shall be not more than 30 days and the second publication shall not be less than 7 days from the date of the hearing. (Also see Section 209) 3-14

43 ROOMING OR BOARDING HOUSE A building containing one or more dwelling accommodations in which at least two rooms are offered for rent to adults ages 18 years or older, payable in money or other consideration, whether or not meals are furnished to occupants, and in which no transients are accommodated and no public restaurant is maintained. A school or college dormitory, fraternity or sorority house, membership club with residents and other similar uses is not deemed to be a boarding or rooming house. SATELLITE EARTH STATIONS A dish-shaped antenna designed to receive television broadcasts relayed by microwave signals from earth orbiting communications satellites. SHADOW FLICKER The visible flicker effect when rotating turbine blades cast shadows on the ground and nearby structures causing the repeating pattern of light and shadow. SHED An accessory detached structure to a residential dwelling unit constructed on a permanent foundation, which is used primarily for the storage of household goods or garden equipment or other storage related to the residential dwelling unit. SIGN, ADVERTISING (ALSO REFERRED TO AS A "BILLBOARD") Any graphic or visual display which directs attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere than upon the premises where such sign is located or to which it is affixed. SIGN, BANNER A temporary sign that is otherwise not allowed as a freestanding sign and shall be limited to cloth, flexible plastic, vinyl, or similar material (i.e., no cardboard, rigid plastics, wood, etc.) SIGN, BUSINESS Any graphic or visual display which directs attention to a business or profession or to a commodity, service or entertainment conducted, sold or offered upon the premises where such sign is located or to which it is affixed. SIGN, FREESTANDING A sign permanently supported by an upright pole(s) which is permanently anchored into the ground below the frost line with a footing. A billboard is not considered a FREESTANDING SIGN for purposes of ordinance regulations. SIGN, GROSS SURFACE AREA OF The entire area within a single continuous perimeter enclosing the extreme limits of such sign or structure or display and in no case passing through or between any adjacent elements of the same, but not including any structural or framing elements located outside the limits of the display of such sign. SIGN, INFLATABLE See definition of INFLATABLE DEVICE. SIGN, TEMPORARY A sign or advertising display constructed of cloth, canvas, paper, corrugated cardboard or plastic, plywood, or other light material, and/or 3-15

44 designed or intended to be displayed, either on-premises of off-premises, for a short period of time. SOCIAL HALL, CLUB OR LODGE A building, structure, lot or land area or portion thereof used as a private club or social organization or for activities or services not generally extended to the general public and not conducted for individual profit or gain. SOLAR COLLECTOR - A device or combination of devices, structure(s), or part of a device or structure that transforms direct solar energy into thermal, chemical, or electrical energy and that contributes significantly to a structure s energy supply. SOLAR ENERGY - Radiant energy (direct, diffuse, and/or reflected) received from the sun. SOLAR ENERGY SYSTEM - Any solar collector or other solar energy device, or any structural design feature, mounted on a building or on the ground, and whose primary purpose is to provide for the collection, storage, and distribution of solar energy for space heating or cooling, for water heating or for electricity. SOLAR PANEL - A structure containing one or more receptive cells, the purpose of which is to convert solar energy into usable electrical energy, heat water, or produce hot air or perform any other similar function by way of a solar energy system. SPECIAL EXCEPTION A use which may be granted or denied pursuant to express standards and criteria established in this Ordinance. Requests for such special exceptions shall be decided by the Zoning Hearing Board after a review and recommendation from the Planning Commission and after a hearing to determine compliance with said standards and criteria. STEEP SLOPE - Areas with a slope greater than 15%, i.e., a rise or fall of more than 15 feet in a horizontal distance of 100 feet. STORY AND HALF-STORY That portion of a building included between the surface of any floor, but excluding the basement or cellar, and the ceiling next above it and having a vertical distance of not less than 7 feet. Any such portion of a building having a distance of less than 7 feet shall be considered to be a halfstory. STREET A public or private thoroughfare, having a right-of-way width greater than 24 feet, which affords the principal means of access to abutting property, including avenue, way, drive, boulevard, highway, road and any other thoroughfare except an alley. PUBLIC STREET A street, as defined hereinabove, which is dedicated to and accepted by the municipality and legally open to the general public for use as a means of vehicular and pedestrian traffic. 3-16

45 FRONTAGE ON PUBLIC STREETS No use shall be created nor any building occupied unless the lot or tract on which it is situated has frontage on a public street or a street improved to municipal standards without traversing through or around another use and/or building; provided, however, that planned multiple-dwelling-unit structures, including apartment development complexes, may abut private streets that are connected to a public street if approved by the Borough Council. STRUCTURE Anything constructed, including a building, the use of which requires permanent or fixed location on the ground or attachment to something having a permanent location on the ground. The term structure shall include signs, fences, walls, stationary and portable carports, porches, swimming pools, garages and other construction of all types. SUBDIVISION - The division or redivision of a lot, tract or parcel of land by any other means into two or more lots, tracts or parcels or divisions of land including changes in existing lot lines for the purpose, whether immediate or future, of lease, partition by court for distribution to heirs or devisees, transfer of ownership or building or lot development. SWIMMING POOL Any body of water or receptacle for water having a depth at any point greater than 2 feet used or intended to be used for swimming or bathing and constructed, installed or maintained in or above the ground outside any building. TEMPORARY OR SEASONAL OCCUPANCY The use of any premises or structure for living and/or sleeping purposes for 100 or fewer days in any calendar year. TRAVEL TRAILER A vehicle less than 400 square feet in floor area which can be moved over the highway and be used for temporary living or sleeping purposes and standing on wheels and containing not more than one dwelling unit. TURBINE HEIGHT The distance measured from the surface of the tower foundation to the highest point of the turbine rotor plane. TURBINE ROTOR A structure which contains the blades and hub that are used to capture wind for purposes of energy conversion. The wind rotor is usually located on a tower and, along with other generating and electrical storage equipment, forms the wind energy facility. USABLE OPEN SPACE A portion of a lot or tract used for residential purposes exclusive of required front and side yard areas, which is not covered by buildings or parking areas and is suitable for use as outdoor open space for the residents thereon. USE Any activity, occupation, business or operation carried on, or intended to be carried on, in a building or other structure or on a tract of land. 3-17

46 VARIANCE The Zoning Hearing Board's authorized departure from the provisions of this Ordinance where the Board finds that such provisions inflict unnecessary hardship upon an applicant, in accordance with the procedures set forth in this Ordinance and the Pennsylvania Municipalities Planning Code. WETLANDS - Those areas that are inundated and saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support a prevalence of vegetation typically adapted for life in saturated soil conditions, including swamps, marshes, bogs and similar areas. WIND TURBINE - A wind energy conversion system that converts wind energy into electricity through the use of a wind turbine generator, and includes the nacelle, rotor, tower and pad transformer, if any. WIND ENERGY SYSTEM - An electric generating system, whose main purpose is to supply electricity, consisting of one or more Wind Turbines and other accessory structures and buildings, including substations, meteorological towers, electrical infrastructure, transmission lines and other appurtenant structures and facilities. YARD An open space, as may be required by this Ordinance, on the same lot with a building or a group of buildings, which open space lies between the principal building or group of buildings and the nearest lot line, as defined below, and which is unoccupied and unobstructed from the ground upward except as may be permitted elsewhere in this Ordinance. YARD, FRONT An open space extending the full width of the lot between the principal building and the front lot line. YARD, REAR An open space extending the full width of the lot between the principal building and the rear lot line. YARD, SIDE An open space extending from the front yard to the rear yard between the principal building and the nearest side lot line. ZONING HEARING BOARD The officially designated Zoning Hearing Board of the municipality. ZONING OFFICER The administrative officer charged with the duty of enforcing the provisions of this Ordinance. 3-18

47 ARTICLE 4 - ESTABLISHMENT OF ZONING DISTRICTS 400. Establishment of Zoning Districts. The Borough of Wilson is hereby divided into districts of different types, each type being of such number, shape, kind and area, and of such common unity of purpose and adaptability of use, that are deemed most suitable to carry out the objectives of this Ordinance and the Comprehensive Plan Classes of Zoning Districts. The Borough of Wilson is hereby divided into the following seven districts: R-1 Low Density Residential District R-2 Medium Density Residential District H-1 Hospital-Medical District TC Town Center District C-1 Local Commercial District C-2 General Commercial District I-1 General Industrial District 402. Zoning Map. The location and boundaries of these districts are established as shown on the attached Zoning Map of the Borough of Wilson dated, as amended. The Zoning Map is hereby made a part of this Ordinance Interpretation of Boundaries. If uncertainty exists as to the boundary of any district shown on the Zoning Map, the Zoning Hearing Board shall determine the location of such boundary. 4-1

48 ARTICLE 5 R-1 LOW DENSITY RESIDENTIAL DISTRICT 500. Purpose. To provide for the orderly expansion of areas that offer neighborhoods of single family detached houses at a low density. To carefully protect these areas from uses that may not be fully compatible Permitted by right uses. Only the following uses are permitted by right in the R-1 District, provided that the requirements for specific uses in Article 13 are met. A. A-1 Forestry B. B-1 Single-Family Detached Dwelling C. B-6 Group Home D. C-5 Recreational Facility E. F-1 Utility Operating Facility F. H-2 No-Impact Home Based Business G. H-3 Residential Accessory Structure H. H-6 Swimming Pool I. H-7 Recreational Vehicles J. H-8 Garage/Yard Sales K. H-11 Solar Energy System 502. Special exception uses. Only the following uses are permitted by special exception in the R-1 District, provided that the requirements for specific uses in Article 13 are met. A. C-1 Place of Worship B. C-2 School C. C-4 Library or Museum D. C-7 Private Organization or Community Center E. H-1 Home-Based Business F. H-4 Outside Storage G. H-5 Temporary Structures and Vehicles H. H-9 In-Law Suite 503. Conditional uses. Only the following uses are permitted by conditional use in the R-1 District, provided that the requirements for specific uses in Article 13 are met. A. C-6 Athletic Facility B. F-4 Telecommunications Facility C. G-16 Lawful Use Not Otherwise Permitted D. H-10 Wind Energy System 5-1

49 504. Area and dimensional requirements. The following size regulations shall apply to all uses in the R-1 District unless a more restrictive requirement is stated in the Ordinance for a particular use. A. Minimum Lot Size 1. Area (Sq. Ft.) 6, Width (Ft.) 60 B. Average Lot Area Per Dwelling Unit (Sq. Ft.) 6,000 C. Minimum Yards (Ft.) 1. Front Yard Rear Yard One Side Yard 8 4. Both Side Yards Combined 20 D. Maximum Building Height for the Principal Building 1. Number of Stories Height in Feet 35 E. Maximum Building Coverage (%) 35% 5-2

50 ARTICLE 6 R-2 MEDIUM DENSITY RESIDENTIAL DISTRICT 600. Purpose. To provide for a variety of carefully-designed housing types at medium densities. To make sure that varied housing types are compatible with any existing single family detached houses. To make sure that the street system of the Borough and other community facilities and services are fully able to handle medium dense growth in an area. To work to encourage affordable housing, especially for young families and senior citizens Permitted by right uses. Only the following uses are permitted by right in the R-2 District, provided that the requirements for specific uses in Article 13 are met. A. A-1 Forestry B. B-1 Single-Family Detached Dwelling C. B-2 Two-Family Dwelling D. B-6 Group Home E. C-5 Recreational Facility F. F-1 Utility Operating Facility G. H-2 No-Impact Home Based Business H. H-3 Residential Accessory Structure I. H-6 Swimming Pool J. H-7 Recreational Vehicles K. H-8 Garage/Yard Sales L. H-11 Solar Energy System 602. Special exception uses. Only the following uses are permitted by special exception in the R-2 District, provided that the requirements for specific uses in Article 13 are met. A. B-3 Multi-Family Dwelling B. B-4 Mobile Home Parks C. C-1 Place of Worship D. C-2 School E. C-4 Library or Museum F. C-7 Private Organization or Community Center G. H-1 Home-Based Business H. H-4 Outside Storage I. H-5 Temporary Structures and Vehicles J. H-9 In-Law Suite 603. Conditional uses. Only the following uses are permitted by conditional use in the R-2 District, provided that the requirements for specific uses in Article 13 are met. A. C-6 Athletic Facility B. F-4 Telecommunications Facility C. G-16 Lawful Use Not Otherwise Permitted D. H-10 Wind Energy System 6-1

51 604. Area and dimensional requirements. The following size regulations for the R- 2 District are listed according to the three divisions of the R-2 District Permitted Uses and apply to all parcels of that use unless a more restrictive requirement is stated in the Ordinance for a particular use. A. Single Family Detached 1. Minimum Lot Size a. Area (Sq. Ft.) 5,000 b. Width (Ft.) Average Lot Area Per Dwelling Unit (Sq. Ft.) 5, Minimum Yards (Ft.) a. Front Yard 25 b. Rear Yard 25 c. One Side Yard 8 d. Both Side Yards Combined Maximum Building Height for the Principal Building a. Number of Stories 2.5 b. Height in Feet Maximum Building Coverage (%) 40% B. Single Family Semi-Detached 1. Minimum Lot Size a. Area (Sq. Ft.) 3,000 b. Width (Ft.) 30 c. Depth (Ft.) Average Lot Area Per Dwelling Unit (Sq. Ft.) 3, Minimum Yards (Ft.) a. Front Yard 25 b. Rear Yard 25 c. One Side Yard 8 d. Both Side Yards Combined NA 4. Maximum Building Height for the Principal Building a. Number of Stories 2.5 b. Height in Feet Maximum Building Coverage (%) 45% 6-2

52 C. Two Family 1. Minimum Lot Size a. Area (Sq. Ft.) 5,000 b. Width (Ft.) 50 c. Depth (Ft.) Average Lot Area Per Dwelling Unit (Sq. Ft.) 2, Minimum Yards (Ft.) a. Front Yard 25 b. Rear Yard 25 c. One Side Yard 8 d. Both Side Yards Combined Maximum Building Height for the Principal Building a. Number of Stories 2.5 b. Height in Feet Maximum Building Coverage (%) 45% D. All Other Uses 1. Minimum Lot Size a. Area (Sq. Ft.) 8,000 b. Width (Ft.) 80 c. Depth (Ft.) Minimum Yards (Ft.) a. Front Yard 30 b. Rear Yard 30 c. Side Yard (each) Maximum Building Height for the Principal Building a. Number of Stories 2.5 b. Height in Feet Maximum Building Coverage (%) 40% 6-3

53 ARTICLE 7 H-1 HOSPITAL-MEDICAL DISTRICT 700. Purpose. To provide for the continued operation and development of Easton Hospital and other medical and associated offices and facilities, in a manner compatible with the surrounding residential neighborhood Permitted by right uses. Only the following uses are permitted by right in the H-1 District, provided that the requirements for specific uses in Article 13 are met. A. A-1 Forestry B. C-5 Recreational Facility C. C-11 Nursing Home D. C-12 Hospital E. C-16 Assisted Living Facility F. D-2 Medical Office G. E-15 Funeral Home H. F-1 Utility Operating Facility I. H-11 Solar Energy System 702. Special exception uses. Only the following uses are permitted by special exception in the H-1 District, provided that the requirements for specific uses in Article 13 are met. A. C-1 Place of Worship B. C-2 School C. C-3 Commercial School D. C-7 Private Organization or Community Center E. C-8 Day Care Center F. C-9 Adult Day Care Center G. C-10 Group Care Facility H. E-4 Financial Establishment I. E-5 Eating Place J. F-2 Emergency Services K. G-2 Research L. H-4 Outside Storage M. H-5 Temporary Structures and Vehicles 703. Conditional uses. Only the following uses are permitted by conditional use in the H-1 District, provided that the requirements for specific uses in Article 13 are met. A. C-14 Municipal/Government Building or Use B. F-4 Telecommunications Facility C. G-16 Lawful Use Not Otherwise Permitted D. H-10 Wind Energy System 704. Area and dimensional requirements. The following size regulations shall apply to all uses in the H-1 District unless a more restrictive requirement is stated in the Ordinance for a particular use. 7-1

54 A. Minimum Lot Size 1. Area (Sq. Ft.) 7, Width (Ft.) Depth (Ft.) 100 B. Average Lot Area Per Dwelling Unit (Sq. Ft.) - C. Minimum Yards (Ft.) 1. Front Yard Rear Yard One Side Yard Both Side Yards Combined 25 D. Maximum Building Height for the Principal Building 1. Number of Stories 6 2. Height in Feet 75 E. Maximum Building Coverage (%) 50% 7-2

55 ARTICLE 8 TC TOWN CENTER DISTRICT 800. Purpose. To provide for medical facilities and associated offices primarily, but also to provide an area which may include a variety in types of establishments Permitted by right uses. Only the following uses are permitted by right in the TC District, provided that the requirements for specific uses in Article 13 are met. A. A-1 Forestry B. B-6 Group Home C. C-5 Recreational Facility D. C-6 Athletic Facility E. C-7 Private Organization or Community Center F. C-8 Day Care Center G. C-9 Adult Day Care Center H. C-14 Municipal/Government Building or Use I. D-1 Office J. D-2 Medical Office K. E-1 Retail Shop L. E-3 Service Business M. E-4 Financial Establishment N. E-5 Eating Place O. E-7 Repair Shop P. E-8 Motel, Hotel or Inn Q. F-1 Utility Operating Facility R. H-2 No-Impact Home Based Business S. H-3 Residential Accessory Structure T. H-6 Swimming Pool U. H-8 Garage/Yard Sales V. H-11 Solar Energy System 802. Special exception uses. Only the following uses are permitted by special exception in the TC District, provided that the requirements for specific uses in Article 13 are met. A. B-3 Multi-Family Dwelling B. C-1 Place of Worship C. C-2 School D. C-3 Commercial School E. C-4 Library or Museum F. C-10 Group Care Facility G. C-11 Nursing Home H. C-16 Assisted Living Facility I. E-15 Funeral Home J. E-16 Veterinary Office or Clinic K. E-20 Kennel L. F-2 Emergency Services M. H-4 Outside Storage N. H-5 Temporary Structures and Vehicles 8-1

56 O. H-9 In-Law Suite 803. Conditional uses. Only the following uses are permitted by conditional use in the TC District, provided that the requirements for specific uses in Article 13 are met. A. F-4 Telecommunications Facility B. G-16 Lawful Use Not Otherwise Permitted C. H-10 Wind Energy System 804. Area and dimensional requirements. The following size regulations shall apply to all uses in the TC District unless a more restrictive requirement is stated in the Ordinance for a particular use. A. Minimum Lot Size 1. Area (Sq. Ft.) 5, Width (Ft.) Depth (Ft.) 100 B. Average Lot Area Per Dwelling Unit (Sq. Ft.) - C. Minimum Yards (Ft.) 1. Front Yard Rear Yard One Side Yard Both Side Yards Combined 20 D. Maximum Building Height for the Principal Building 1. Number of Stories 3 2. Height in Feet 35 E. Maximum Building Coverage (%) 50% 8-2

57 ARTICLE 9 C-1 LOCAL COMMERCIAL DISTRICT 900. Purpose. To provide for localized commercial markets throughout the Borough. The District is intended to group such commercial establishments and not intended to apply to major or large scale commercial establishments Permitted by right uses. Only the following uses are permitted by right in the C-1 District, provided that the requirements for specific uses in Article 13 are met. A. A-1 Forestry B. C-4 Library or Museum C. C-5 Recreational Facility D. C-6 Athletic Facility E. C-7 Private Organization or Community Center F. C-8 Day Care Center G. C-9 Adult Day Care Center H. C-14 Municipal/Government Building or Use I. D-1 Office J. D-2 Medical Office K. E-1 Retail Shop L. E-3 Service Business M. E-4 Financial Establishment N. E-5 Eating Place O. E-6 Eating Place, Drive-Through P. E-7 Repair Shop Q. E-8 Motel, Hotel or Inn R. E-9 Commercial Recreation and Entertainment S. E-17 Banquet Facility T. E-19 Mixed-Use Building U. F-1 Utility Operating Facility V. F-2 Emergency Services W. H-2 No-Impact Home Based Business X. H-3 Residential Accessory Structure Y. H-6 Swimming Pool Z. H-8 Garage/Yard Sales AA. H-11 Solar Energy System 902. Special exception uses. Only the following uses are permitted by special exception in the C-1 District, provided that the requirements for specific uses in Article 13 are met. A. B-3 Multi-Family Dwelling B. C-2 School C. C-3 Commercial School D. C-10 Group Care Facility E. C-11 Nursing Home F. C-16 Assisted Living Facility G. E-11 Automotive Sales H. E-15 Funeral Home I. E-16 Veterinary Office or Clinic 9-1

58 J. E-20 Kennel K. E-21 Animal Shelter or Rescue L. G-6 Trades M. H-4 Outside Storage N. H-5 Temporary Structures and Vehicles 903. Conditional uses. Only the following uses are permitted by conditional use in the C-1 District, provided that the requirements for specific uses in Article 13 are met. A. B-5 Rooming or Boarding House B. E-12 Automotive Body Repair and Paint Shop C. E-14 Shopping Center D. F-4 Telecommunications Facility E. G-16 Lawful Use Not Otherwise Permitted F. H-10 Wind Energy System 904. Area and dimensional requirements. The following size regulations shall apply to all uses in the C-1 District unless a more restrictive requirement is stated in the Ordinance for a particular use. A. Minimum Lot Size 1. Area (Sq. Ft.) 5, Width (Ft.) 50 B. Average Lot Area Per Dwelling Unit (Sq. Ft.) - C. Minimum Yards (Ft.) 1. Front Yard Rear Yard Side Yard (each) 10 D. Maximum Building Height for the Principal Building 1. Number of Stories 3 2. Height in Feet 35 E. Maximum Building Coverage (%) 60% 9-2

59 ARTICLE 10 C-2 GENERAL COMMERCIAL DISTRICT Purpose. To provide for a market area containing both localized commercial establishments as well as major or large-scale commercial establishments Permitted by right uses. Only the following uses are permitted by right in the C-2 District, provided that the requirements for specific uses in Article 13 are met. A. A-1 Forestry B. C-4 Library or Museum C. C-5 Recreational Facility D. C-6 Athletic Facility E. C-7 Private Organization or Community Center F. C-14 Municipal/Government Building or Use G. D-1 Office H. D-2 Medical Office I. E-1 Retail Shop J. E-2 Large Retail Store K. E-3 Service Business L. E-4 Financial Establishment M. E-5 Eating Place N. E-6 Eating Place, Drive-Through O. E-7 Repair Shop P. E-8 Motel, Hotel or Inn Q. E-9 Commercial Recreation and Entertainment R. E-10 Service Station S. E-13 Car Wash T. E-17 Banquet Facility U. F-1 Utility Operating Facility V. F-2 Emergency Services W. F-3 Terminal X. G-5 Contract Services Y. H-11 Solar Energy System Special exception uses. Only the following uses are permitted by special exception in the C-2 District, provided that the requirements for specific uses in Article 13 are met. A. C-2 School B. C-3 Commercial School C. C-10 Group Care Facility D. C-11 Nursing Home E. C-16 Assisted Living Facility F. E-11 Automotive Sales G. E-15 Funeral Home H. E-16 Veterinary Office or Clinic I. E-18 Adult-Oriented Use J. E-19 Mixed-Use Building K. E-20 Kennel L. E-21 Animal Shelter or Rescue 10-1

60 M. G-2 Research N. G-6 Trades O. H-4 Outside Storage P. H-5 Temporary Structures and Vehicles Conditional uses. Only the following uses are permitted by conditional use in the C-2 District, provided that the requirements for specific uses in Article 13 are met. A. E-12 Automotive Body Repair and Paint Shop B. E-14 Shopping Center C. F-4 Telecommunications Facility D. H-10 Wind Energy System E. G-16 Lawful Use Not Otherwise Permitted Area and dimensional requirements. The following size regulations shall apply to all uses in the C-2 District unless a more restrictive requirement is stated in the Ordinance for a particular use. A. Minimum Lot Size 1. Area (Sq. Ft.) 15, Width (Ft.) 80 B. Average Lot Area Per Dwelling Unit (Sq. Ft.) - C. Minimum Yards (Ft.) 1. Front Yard Rear Yard One Side Yard Both Side Yards Combined 30 D. Maximum Building Height for the Principal Building 1. Number of Stories 3 2. Height in Feet 35 E. Maximum Building Coverage (%) 60% 10-2

61 ARTICLE 11 I-1 GENERAL INDUSTRIAL DISTRICT Purpose. To provide for manufacturing and other related uses. This District is intended to reserve land for the functions of industrial activity, wholesaling, warehousing, and distribution Permitted by right uses. Only the following uses are permitted by right in the I- 1 District, provided that the requirements for specific uses in Article 13 are met. A. A-1 Forestry B. C-5 Recreational Facility C. C-14 Municipal/Government Building or Use D. D-1 Office E. D-2 Medical Office F. E-7 Repair Shop G. E-10 Service Station H. E-11 Automotive Sales I. E-12 Automotive Body Repair and Paint Shop J. E-13 Car Wash K. E-16 Veterinary Office or Clinic L. E-20 Kennel M. E-21 Animal Shelter or Rescue N. F-1 Utility Operating Facility O. F-2 Emergency Services P. F-3 Terminal Q. G-1 Manufacturing R. G-2 Research S. G-3 Mini Warehouse, Mini Storage T. G-4 Printing U. G-5 Contract Services V. G-6 Trades W. G-7 Fuel Storage and Distribution X. G-8 Building Materials Sale Y. G-9 Equipment Storage Yards Z. G-10 Truck Terminal AA. G-11 Food Processing BB. G-12 Laundry, Dry-Cleaning or Dyeing Plant CC. G-13 Warehouse DD. G-14 Junkyard EE. G-15 Mineral Extraction FF. H-11 Solar Energy System Special exception uses. Only the following uses are permitted by special exception in the I-1 District, provided that the requirements for specific uses in Article 13 are met. A. C-2 School B. C-3 Commercial School C. C-7 Private Organization or Community Center D. C-13 Cemetery E. C-15 Detention Facility 11-1

62 F. E-4 Financial Establishment G. E-9 Commercial Recreation and Entertainment H. H-4 Outside Storage I. H-5 Temporary Structures and Vehicles Conditional uses. Only the following uses are permitted by conditional use in the I-1 District, provided that the requirements for specific uses in Article 13 are met. A. C-6 Athletic Facility B. E-2 Large Retail Store C. E-3 Service Business D. F-4 Telecommunications Facility E. H-10 Wind Energy System F. G-16 Lawful Use Not Otherwise Permitted Area and dimensional requirements. The following size regulations shall apply to all uses in the I-1 District unless a more restrictive requirement is stated in the Ordinance for a particular use. A. Minimum Lot Size 1. Area (Sq. Ft.) 20, Width (Ft.) 100 B. Average Lot Area Per Dwelling Unit (Sq. Ft.) -- C. Minimum Yards (Ft.) 1. Front Yard Rear Yard Side Yard (each) 15 D. Maximum Building Height for the Principal Building 1. Number of Stories 3 2. Height in Feet 40 E. Maximum Building Coverage (%) 50% 11-2

63 ARTICLE 12 - PLANNED RESIDENTIAL DEVELOPMENT OVERLAY DISTRICT Definition and statement of purpose. A planned residential development (PRD) is defined as an area of land, controlled by a landowner, to be developed as a single entity for a number of dwelling units, or combination of residential and non-residential uses, the development plan for which does not correspond in lot size, bulk, type of dwelling, or use, density, or intensity, lot coverage and required open space to the regulations established in any one district created, from time to time, under the provisions of this Ordinance. In addition to the general goals listed in the statement of purpose, the provisions of this article are intended to serve the purposes of a PRD stated in the Pennsylvania Municipalities Planning Code, Editor's Note: See 53 P.S et seq. including but not limited to the following: A. Provide for the adaptive reuse of industrial properties and to recognize unique development opportunities; B. Provide for higher residential densities and a variety of housing types; C. Provide for a range of service-oriented establishments designed to serve local needs; D. Provide for commercial development that is compatible with the character of the Borough and can offer additional employment opportunities and an increased tax base; and E. To encourage innovation in residential and nonresidential development; provide greater variety in type, design and layout of buildings; and to encourage more efficient land use Applicability. All provisions of this Ordinance shall apply to a PRD, except where specific provisions of this article differ from specific provisions of other sections of this Ordinance, in which case the provisions of this article shall control Eligibility. A. The proposed PRD shall consist of one or more contiguous parcels of land under single ownership and control or under active agreement of sale, with new development clearly intended to be developed as a single entity. B. A PRD shall only be permitted within the General Industrial I-1 Zoning District. Within this district, a PRD shall be a permitted by right use. C. The PRD shall consist of a minimum total tract area of three acres. D. Public water and public sanitary sewer systems shall serve the PRD. 12-1

64 1203. Use regulations. A. Uses by right. Within a PRD, a building or other structure may be erected, altered or used, and a lot may be used or occupied for any of the following purposes: (1) Residential uses. A PRD shall include one or more of the following residential dwelling types: (a) (b) (c) (d) (e) Single-family detached dwelling (maximum three habitable floors). Two-family dwelling (maximum three habitable floors). Townhouse (maximum three habitable floors). Garden apartment building (maximum five habitable floors). Mid-rise apartment building (maximum eight habitable floors). (2) Nonresidential uses (maximum eight habitable floors). The following uses shall be permitted in a PRD: (a) (b) (c) (d) (e) Offices. Service-based business, not including motor vehicle or fuel sales. Restaurant. Community center, fitness facility, exercise club, or similar facility. Accessory uses incidental to any of the principal uses listed above. B. Height. Buildings or structures within a PRD shall not be subject to the height limitations of the underlying zoning district, but rather shall be limited by the number of habitable floors for each use as listed above Density requirements. A. The maximum density shall be determined based upon buildable area. (1) Buildable area shall be the total lot area of the tract, not including the following: (a) Areas within the future rights-of-way of pre-existing or previously approved streets; (b) Areas with average slopes greater than 25%; 12-2

65 (c) Areas within the one-hundred-year floodplain and wetlands; and (d) Areas within riparian and wetland buffers. (2) Areas of land voluntarily dedicated to and accepted by the Borough or state for a street improvement that would not otherwise be required by the Borough or state and that is not necessary for providing internal access for the development may be included as buildable area. (3) Areas of land provided as easements on adjacent parcels may be included as buildable area. B. Minimum buildable area per dwelling unit. The following shall apply: (1) Schedule of minimum buildable area per dwelling unit. Minimum Average Square Feet of Buildable Area within the Tract Type of Dwelling Unit Per Dwelling Unit Mid-rise apartment 1,000 Garden apartment 1,000 Townhouse 2,000 Single-family semi-detached 2,000 Single-family detached 3,500 (2) The total number of dwelling units within the PRD tract divided by the total acreage of the PRD tract shall not exceed a maximum of 60 dwelling units per total acre for midrise apartments, 20 dwelling units per total acre for garden apartments, and 10 dwelling units per total acre for townhouses. The number of allowed dwelling units shall be allocated to lot(s) before the PRD tract is subdivided. C. Flexibility in placement. The total number of dwelling units allowed on the tract may be placed at any appropriate locations within the buildable area of the tract in compliance with other provisions of this article. A condominium form of ownership is allowed, provided the applicant shows compliance with applicable state law. D. In calculating the allowable overall density, land which is capable of further development or subdivision for additional dwellings shall not be counted unless the possibility of such development or subdivision is precluded by a formal permanent deed restriction or conservation easement restricting the land to use for only common open space and preventing future development, which the deed restriction duly recorded 12-3

66 in the Office of the County Recorder of Deeds, and with such restriction noted on the official record plan. E. The total area covered by all impervious surfaces shall not exceed the existing total area of impervious surfaces found on the tract, or 80% of the total tract area of the PRD, whichever is greater. A maximum impervious coverage shall not apply to individual lots. F. The total area covered by all buildings shall not exceed the existing total area of buildings found on the tract, or 60% of the total tract area of the PRD, whichever is greater. A maximum building coverage shall not apply to individual lots. G. The percentage of building floor area on the PRD tract devoted to nonresidential uses shall not exceed 50% of the total building floor area. H. Building separation. Principal buildings within a PRD shall have minimum separation as defined by the Construction Code. Editor's Note: See Ch. 86A. Construction Codes, Uniform. Where new construction is proposed that would result in a principal residential building abutting a principal nonresidential building, then a 20 feet minimum separation distance shall apply between the two buildings. I. Building setbacks. Minimum setback from principal buildings to all existing or proposed lot lines and/or street rights-of-way shall be thirty (30) feet, except that such setback shall not apply where buildings are lawfully attached. The required minimum setback shall not apply to structures existing as of the date of this article. No setbacks shall apply for accessory buildings Design standards. A. Parking. The following parking provisions shall apply in place of Article 16, Table 2 of this Ordinance for residential uses. Parking provisions for nonresidential uses shall comply with the requirements of Article 16, Table 2. (1) Efficiency and one bedroom units: one per one dwelling unit. (2) Two bedrooms: one and one-half per dwelling unit. (3) Three or more bedrooms: two per dwelling unit. B. Open Space. The percentage of the PRD site to be devoted to common open space shall not be less than twenty-five (25) percent of the total site area. As an alternative, the developer may also be permitted to contribute a fee in lieu of providing open space as determined by the Borough Council. C. Landscaping, Buffering, and Tree Preservation. (1) A landscaping plan for the tract shall be submitted to the Borough with the final plan, and shall be subject to approval by the Borough 12-4

67 Council. Except as otherwise approved by the Borough Council, all landscaping provisions of this chapter (Zoning Ordinance Sections 1403, Buffer Yard Requirements and 1502, Landscaping) shall apply. (2) A twenty-foot buffer shall be provided around the entire perimeter of the tract, which shall be landscaped in accordance with the requirements of Zoning Ordinance Section 1403.A, Softening Buffers. A softening buffer is not required where a screen buffer is to be provided. (3) Where a commercial area adjoins a residential area within the planned development or in adjacent land around the perimeter of the development, a screen buffer shall be provided between the residential and commercial areas in accordance with the requirements of Zoning Ordinance Section 1403.B, Screen Buffers. (4) Except as otherwise approved by the Borough Council, tree preservation provisions of this chapter and the Subdivision and Land Development Ordinance, shall apply. Where extensive natural tree cover and vegetation does not exist and cannot be preserved on the PRD site, appropriate landscaping shall be planted to enhance the appearance of the PRD, aid in erosion control, provide protection from wind and sun, screen streets and parking areas and enhance the privacy of dwelling units. (5) Existing trees shall be preserved wherever possible. The protection of trees six inches or more in diameter (measured at a height 3.5 feet above the original grade) shall be a factor in determining the location of open spaces, structures, underground utilities, walks and paved areas. Areas in which trees are preserved shall remain at original grade level and undisturbed wherever possible Ownership and maintenance of common areas. The standards for a planned residential development established by provisions adopted pursuant to this article may require that the common areas and/or open space resulting from the application of standards for density, or intensity of land use, shall be set aside for the use and benefit of the residents in such development and may include provisions which shall determine the amount and location of said common areas and/or open space and secure its improvement and maintenance for common area/open space use, subject, however, to the following: A. The developer shall make provisions to ensure that all common areas shall be properly maintained. The developer shall provide for and establish a homeowners' association or other similar organization for the ownership and maintenance of all common areas and commonly owned facilities. The legal agreements for such common ownership and maintenance shall be subject to approval by Borough Council, as a condition of final PRD approval, prior to recording. 12-5

68 B. The Borough may, at any time and from time to time, accept the dedication of land or any interest therein for public use and maintenance, but the Borough need not require, as a condition of the approval of a planned residential development, that land proposed to be set aside for common open space be dedicated or made available to public use. The provisions may require that the landowner provide for and establish an organization for the ownership and maintenance of the common open space, and that such organization shall not be dissolved nor shall it dispose of the common open space, by sale or otherwise (except to an organization conceived and established to own and maintain the common open space), without first offering to dedicate the same to the public. C. In the event that the organization established to own and maintain common open space, or any successor organization, shall at any time after establishment of the planned residential development fail to maintain the common open space in reasonable order and condition in accordance with the development plan, the Borough may serve written notice upon such organization or upon the residents of the planned residential development setting forth the manner in which the organization has failed to maintain the common open space in reasonable condition, and said notice shall include a demand that such deficiencies of maintenance be corrected within 30 days thereof, and shall state the date and place of a hearing thereon which shall be held within 14 days of the notice. At such hearing the Borough may modify the terms of the original notice as to the deficiencies and may give an extension of time within which they shall be corrected. D. If the deficiencies set forth in the original notice or in the modifications thereof shall not be corrected within said 30 days or any extension thereof, the Borough, in order to preserve the taxable values of the properties within the planned residential development and to prevent the common open space from becoming a public nuisance, may enter upon said common open space and maintain the same for a period of one year. Said maintenance by the Borough shall not constitute a taking of said common open space, nor vest in the public any rights to use the same. E. Before the expiration of said year, the Borough shall, upon its initiative or upon the request of the organization theretofore responsible for the maintenance of the common open space, call a public hearing upon notice to such organization, or to the residents of the planned residential development, to be held by the governing body or its designated agency, at which hearing such organization or the residents of the planned residential development shall show cause why such maintenance by the Borough shall not, at the option of the Borough, continue for a succeeding year. If the governing body, or its designated agency, shall determine that such organization is ready and able to maintain said common open space in reasonable condition, the Borough shall cease to maintain said common open space at the end of said year. If the governing body or its designated agency shall determine that such organization is not ready and able to maintain said common open space in a reasonable condition, the Borough may, in its discretion, continue to maintain said common 12-6

69 open space during the next succeeding year and, subject to a similar hearing and determination, in each year thereafter. F. The decision of the governing body or its designated agency shall be subject to appeal to court in the same manner, and within the same time limitation, as is provided for zoning appeals by this act. G. The cost of such maintenance by the Borough shall be assessed ratably against the properties within the planned residential development that have a right of enjoyment of the common open space, and shall become a lien on said properties. The Borough at the time of entering upon said common open space for the purpose of maintenance shall file a notice of lien in the office of the prothonotary of the county, upon the properties affected by the lien within the planned residential development Approval by sections. In the case of a development plan calling for the installation of improvements beyond the five (5) year period, a schedule shall be filed by the landowner with the development plan delineating all proposed sections as well as deadlines within which applications for final approval of each section are intended to be filed. Yearly updating of the schedule shall be completed by the landowner on or before the anniversary of the tentative plan approval until final approval of the final section has been granted. Any modifications in the aforesaid schedule shall be subject to approval of the Borough Council Time limitations. Provided the landowner has not defaulted with regard to or violated any of the conditions of the tentative plan approval, including compliance with landowner s aforesaid schedule of submission of final plans, then the protections afforded by substantially completing the improvements depicted upon the final development plan within the said five (5) years shall apply. For any section or sections, in which the required improvements have not been substantially completed within the five (5) year period, the aforesaid protections shall apply for an additional term or terms of three (3) years from the date of final plan approval for each section. A. Failure to Meet Schedule - Failure of the landowner to adhere to the aforesaid schedule of submission of final plans for the various sections, shall subject any such sections to any and all changes in these regulations, this Ordinance, Planned Residential Regulations, and any other ordinances or plans enacted by the Borough subsequent to the date of the initial Planned Residential Development plan submission and no development or further development shall take place on the property included in the development plan until after the property is reclassified by enactment of an amendment to this Ordinance Development procedures. Development plans for a Planned Residential Development may be submitted in phases in accordance with the following: 12-7

70 A. Tentative Approval - The locations and approximate submittal dates for each phase shall be clearly set forth on the plan submitted for tentative approval. 1. The said phasing plan may be changed at any time prior to the date of any phase by submitting and receiving an approval from the Borough Council on a plan setting forth a new phasing schedule. B. First Phase Minimum - A minimum of twenty (20) percent of the total number of residential lots and/or dwelling units in the Planned Residential Development shall be included in the first phase. 1. A lesser percentage may be allowed by the Borough upon submission of a modification request setting forth proof that the requested percentage will not affect the development as a whole. 2. The Borough may set additional specified conditions if they deem them necessary or advisable. C. Phase Completion - The second and subsequent phases must be completed consistent with the development phasing plan and must be of such size and location that they constitute economically sound units of development. 1. In no instance shall the second and subsequent phases, except for the last phase, contain less than fifteen (15%) percent of the dwelling units of the total development plan. 2. Gross residential density may be varied from phase to phase provided that the average gross residential densities of all phases do not exceed the permitted average gross residential density for the entire Planned Residential Development as set forth by Wilson Borough Application procedure. The following procedural steps outline the process for approval of a PRD application. Requirements for the content of the application documents are described in subsequent sections of this Ordinance. A. Application Procedure for Tentative Approval 1. Twenty (20) complete copies of an Application for Tentative Approval for a Planned Residential Development shall be submitted by the landowner to the Township. The landowner shall also submit a filing fee to the Township in an amount specified on the fee schedule of the Township. No plan shall be considered as properly filed until such time as the filing fee is submitted to the Township. 2. The complete application for Tentative Approval shall consist of the following: 12-8

71 a. Application form b. Site plans, architectural plans, site data c. Draft of covenants, easement agreements, conditions and restrictions. d. Supporting information e. Filing fee 3. The complete copies of the Application for Tentative Approval will be distributed by the Borough to the appropriate agencies and individuals. 4. Within sixty (60) days after the Borough receives both a complete Application for Tentative Approval of a Planned Residential Development and the required filing fee, a public hearing shall be held by the Borough Council, which shall be advertised and conducted in the manner prescribed herein. 5. Public Notice shall be published once each week for two (2) successive weeks in a newspaper of general circulation in Wilson Borough. a. The first publication shall be not more than thirty (30) days and the second publication shall not be less than seven (7) days prior to the date of the public hearing. b. Such notice shall state the time, date and place of the hearing and the particular location and nature of the proposed development. 6. A letter from the Borough with the date of the public hearing along with a copy of the "Public Notice" and a cover letter shall be forwarded to the Applicant by United States Certified Mail Return Receipt Requested within thirty (30) days of the official submission. 7. The Zoning Officer shall conspicuously post notice of said public hearing at points deemed sufficient by the municipality along the tract to notify potentially interested citizens. Such public notice shall be posted at least seven (7) days prior to the date of the said public hearing. 8. The public hearing shall be conducted in accordance with Article IX of the MPC. a. The Board of Supervisors may continue the public hearings from time to time, provided however, that in any event, the public hearing or hearings shall be concluded within sixty (60) days after the date of the first public hearing. 12-9

72 9. The Borough Council shall, within sixty (60) days following the conclusion of the public hearing as provided above or within one hundred eighty (180) days after the filing of the application, whichever first occurs, by official written communication to the applicant either: a. Grant tentative approval of the development plan as submitted; b. Grant tentative approval subject to specified conditions not included in the development plan as submitted; or, c. Deny tentative approval of the development plan. Failure to so act within said period shall be deemed to be a grant of tentative approval of the development plan as submitted. 10. The grant or denial of tentative approval by official written communication shall include not only conclusions but also findings of fact related to the specific proposal and shall set forth the reasons for the grant, with or without conditions, or for the denial. The written communication shall set forth with particularity in what respects the development plan would or would not be in the public interest including but not limited to findings of fact and conclusions on the following: a. The extent to which the development plan departs from zoning and subdivision regulations otherwise applicable to the property including but not limited to density, bulk and use, and the reasons why such departures are, or are not deemed to be in the public interest; b. The respects in which the development plan is or is not consistent with the Comprehensive Plan for the development of the Borough; c. The purpose, location and amount of the common open space, the reliability of the proposals for maintenance and conservation of common open space, and the adequacy or inadequacy of the amount and purpose of the common open space as related to the proposed density and type of residential development; d. The physical design of the development plan and the manner in which the design does, or does not, make adequate provisions for public services, provide adequate control over vehicular traffic, and further the amenities of light and air, recreation and visual enjoyment; e. The relationship, beneficial or adverse, of the proposed PRD to the neighborhood in which it is proposed to be established; and 12-10

73 f. In the case of a development plan which proposes development over a period of years, the sufficiency of terms and conditions intended to protect the interests of the public and of the residents of the PRD in the integrity of the development plan. 11. In the event a development plan is granted tentative approval with or without conditions, the Borough Council may set forth in the official written communication the time within which an Application for Final Approval of the development plan shall be filed, or, in the case of a development plan which provided for development over a period of years, the periods of time within which Applications for Final Approval of each part thereof shall be filed. Except upon the consent of the landowner, the time so established between grant of tentative approval and Application for Final Approval shall not be less than three (3) months and in the case of developments over a period of years, the time between Applications for Final Approval of each part of the plan shall not be less than twelve (12) months. 12. The official written communication shall be mailed to the landowner. Where tentative approval has been granted, it shall be deemed an amendment to the Zoning Map, effective upon final approval, and shall be noted on the Zoning Map. 13. In the event the PRD is granted tentative plan approval subject to conditions, the landowner may, within thirty (30) days after receiving a copy of the official written communication from the Borough, notify the Borough Council of his refusal to accept all required conditions, in which case the Borough Council shall be deemed to have denied tentative approval of the development plan. In the event the landowner does not, within thirty (30) days, notify the Borough Council of his refusal to accept all said conditions, tentative approval of the development plan along with any conditions shall stand as granted. 14. Tentative approval of a development plan shall not qualify a plan of the PRD for recording nor authorize construction or the issuance of any Zoning and/or Building permits. A development plan which has been given tentative approval as submitted, or which has been given tentative approval with conditions which have been accepted by the landowner (provided the landowner has not defaulted or violated any of the conditions of the tentative approval), shall not be modified or revoked or otherwise impaired by action of the Borough pending Application for Final Approval, without the consent of the landowner, provided an Application or Applications for Final Approval is filed or, in the case of development over a period of years, provided applications are filed, within the periods of time specified in the official written communication granting tentative approval. 15. In the event a development plan is given tentative approval and thereafter, but prior to final approval, the landowner shall elect to 12-11

74 abandon the development plan and shall so notify the Borough Council in writing, or in the event the landowner shall fail to file application or applications for final approval within the required period of time or times, as the case may be, the tentative approval shall be deemed to be revoked and all the portion of the area included in the development plan for which final approval has not been given shall be subject to those Ordinances otherwise applicable thereto as they may be amended from time to time, and the same shall be noted on the Zoning Map and in the records of the Borough Secretary. B. Application for Final Approval 1. An application for final approval may be for all the land included in a development plan or, to the extent set forth in the tentative approval, for a section thereof. Said application shall be made to the Zoning Officer of the Borough within the time or times specified by the official written communication granting tentative approval. The application shall include any drawings, specifications, covenants, easements, funds or securities in sufficient amount as determined by the Borough Council to insure performance and such other requirements as may be specified by ordinances, as well as any conditions set forth in the official written communication at the time of tentative approval. A fee shall be required at the time of submission in accordance with A public hearing on an application for final approval of the development plan or a part thereof, shall not be required provided the development plan or part thereof, submitted for final approval is in compliance with the development plan theretofore given tentative approval and with any specified conditions attached thereto. 2. In the event the application for final approval has been filed, together with all drawings, specifications and other documents in support thereof, and as required by the ordinance and the official written communication of tentative approval, the Borough Council shall, within 45 days of such filing, grant such development plan final approval. 3. In the event the development plan as submitted contains variations from the development plan given tentative approval, the Borough Council may refuse to grant final approval and shall, within 45 days from the filing of the application for final approval, so advise the landowner in writing of said refusal, setting forth in said notice the reasons why one or more of said variations are not in the public interest. In the event of such refusal, the landowner may either: a. Refile the application for final approval without the variations objected to. b. File a written request with the Borough Council that it hold a public hearing on his application for final approval. All 12-12

75 plans will be referred to the Wilson Borough Planning Commission, and Northampton County Planning Commission for review. If the landowner wishes to take either such alternate action he may do so at any time within which he shall be entitled to apply for final approval or within 30 additional days if the time for applying for final approval shall have already passed at the time when the landowner was advised that the development plan was not in substantial compliance. In the event the landowner shall fail to take either of these alternate actions within said time, he shall be deemed to have abandoned the development plan. Any such public hearing shall be conducted in the manner prescribed in this Part for public hearings on applications for tentative approval. Within 30 days after the conclusion of the hearing, the Borough Council shall by official written communication either grant final approval to the development plan or deny final approval. The granting or denial of final approval of the development plan shall, in cases arising under this Section, be in the form and contain the findings required for an application for tentative approval set forth in this Article. 4. A development plan or any part thereof, which has been given final approval, shall be so certified without delay by the Borough Council and shall be filed on record forthwith in the office of the Recorder of Deeds before any development shall take place in accordance therewith. Upon the filing of record of the development plan, the zoning and subdivision regulations otherwise applicable to the land included in such plan shall cease to apply thereto. Pending completion, in accordance with the time provisions stated in 508 of the Pennsylvania Municipalities Planning Code (Act 247, as amended by Act 170), of said PRD or part thereof as finally approved, no modification of the provisions of said development plan or part thereof, as finally approved, shall be made except with the consent of the landowner. Upon approval of the final plat, the developer shall record the plat and post financial security in accordance with the provisions of 513(a) and 509 of the Pennsylvania Municipalities Planning Code (Act 247, as amended by Act 170) Approval requirements. The following shall be submitted for PRD plan approval: A. A plan indicating the location, size, topography, and vegetative cover of the site and the nature of the landowner s interest in the land proposed to be developed. B. A site plan and other drawings showing the overall density, impervious surface ratio, and open space ratio, and the density of the land use to be allocated to various portions of the site to be developed, the location and size of the common open space, the use, approximate height, bulk, and location of buildings and other information including building elevations, 12-13

76 planting plan schedule, provisions for parking vehicles, and location and width of streets and public ways. Site plans shall include: 1. The project name or identifying title. 2. The name and address of the landowner of the tract, the developer, and the firm that prepared the plans. 3. The plan date, and the dates of all plan revisions. 4. A north arrow, a graphic scale, and a written scale. 5. The entire tract boundary with bearings and distances. 6. A location map, for the purpose of locating the site to be developed, at a minimum scale of two thousand (2,000) feet to the inch, showing the relation of the tract to adjoining property and to all major roads, municipal boundaries and streams existing within one thousand (1,000) feet of any part of the property proposed to be developed. 7. The plotting of all existing adjacent land uses and lot lines within two hundred (200) feet of the proposed development including historic sites, and other significant natural or man-made features. 8. The names of all immediately adjacent landowners and the tax map parcel number of adjacent properties including those across any adjoining roads. 9. Topographic information and identification of steep slopes differentiating between slopes from 15% to 20% and then all slopes greater than 20%. The extent of existing tree masses shall also be clearly shown. 10. The delineation of one hundred (100) year floodplain as per the most recent Wilson Borough FEMA Flood Insurance Study. 11. The delineation of all soil types as indicated by the USDA Soil Conservation Service Soil Survey of Northampton County. 12. The plotting of all existing landmarks within the proposed development including the location of all existing streets, buildings, easements, rights of way, sanitary sewers, water mains, storm drainage structures, and watercourses. 13. A list of site data including but not limited to the following: a. Total acreage of the tract. b. Zoning district. c. Proposed use of the land

77 d. Proposed gross area of the development. e. Proposed gross residential density. f. Proposed number of dwelling units and building type. g. Acreage and percentage of common open space. h. Proposed number of parking spaces. 14. The approximate proposed location and dimensions of all proposed streets, access drives, parking areas and pedestrian circulation systems. 15. The proposed location of block or lot lines with approximate dimensions and areas. 16. Notation indicating which existing structure on the tract is to be retained or removed. 17. The proposed location of building setback lines from all streets, and the distances between buildings and adjacent tract boundaries and lot lines. 18. The proposed location, size and use of all common open space areas and recreation facilities where applicable. 19. The proposed areas to be dedicated to the Borough with approximate acreage of all areas and widths of all rights-of-way. 20. A proposed phasing plan of the development, which shall include the proposed time within which applications for final approval of all sections are intended to be filed. 21. Plans shall include information depicting typical roadway crosssections, lighting and planting. C. Such drawings and documents as are required to establish the feasibility of proposals for water supply and the disposal of sanitary wastes and storm water, the substance of covenants, grants, easements or other restrictions proposed to be imposed upon the use of the land, buildings and structures including easements or grants for public utilities. D. Evidence shall be presented that the PRD is to be supplied by a certificated public utility, a bona fide cooperative association of lot owners, or by a municipal corporation, authority or utility. A copy of a Certificate of Public Convenience from the Pennsylvania Public Utility Commission or an application for such certificate, a cooperative agreement, or a commitment or agreement to serve the area in question, whichever is appropriate, shall be acceptable evidence. If only an application for a Certificate of Public Convenience from the Pennsylvania Public Utility Commission is provided, tentative approval shall be 12-15

78 conditioned upon the applicant obtaining a Certificate of Public Convenience. E. A compilation and analysis relative to the effect of the proposed PRD with respect to the impact upon existing and proposed public facilities, utilities and roadway systems. This includes a compilation and analysis of the costs to the Township and the projected revenue in comparison with the existing conditions and anticipated conditions if the development is created by conventional methods. F. A master traffic impact study analyzing traffic generation, including an analysis of the capacity of streets serving the site as well as predictions on traffic generated by the site. A master plan of proposed on and off-site traffic improvements which is coordinated with the project phasing plan shall be prepared and submitted as part of the study. G. A lighting plan with the location and size of all street, parking compound, recreational and open space lighting fixtures whether free-standing or affixed to buildings, including the delineation of isolux lighting lines at increments of 0.2, 0.5 and 1.0 foot-candles for each fixture, as applicable, and construction details, manufacturers specifications, elevations, materials and colors for each type of lighting fixture proposed. H. A landscape plan identifying existing vegetation to be retained; proposed plantings, including shade trees, designated by symbols appropriately scaled to represent the sizes of such at time of planting; a planting schedule for all proposed plantings, including botanical and common plant names, identification key, total quantity, size (height, width and caliper) at time of planting; details and specifications for all proposed plantings, top soiling, seeding and mulching, including notes regarding special maintenance requirements temporarily during the period of establishment, or permanently, and the limits of any such special maintenance areas. The landscape plan shall meet the requirements outlined in Zoning Ordinance Sections 1403, Buffer Yard Requirements and 1502, Landscaping. I. Profile drawings shall be submitted for all streets, storms sewers, water mains and sanitary sewer mains. Generally, the drawings shall be at a scale of fifty (50) feet to the inch horizontally and ten (10) feet to the inch vertically. Existing and proposed grades shall be shown on each drawing. J. Cross-sections, details and specifications shall be submitted for all improvements including streets, parking lots, curbs, sidewalks, bikeways, recreation facilities, play equipment, lighting, planting, sanitary sewer facilities, water mains and sediment and erosion control facilities. K. An agreement shall be entered into between the Borough and the landowner to cover in detail the improvements required to be constructed as a condition of acceptance of a PRD which specify time limits for the completion of required improvements. The items to be covered by the agreement shall include, but not necessarily be limited to, the construction of streets, storm drainage facilities, sanitary sewers, water lines, street signs, survey markers and monumentation, sidewalks, curbs, 12-16

79 off-street parking, street lights, street trees, fire protection, and common open space improvements. L. Financial security shall be calculated and posted to secure the completion of improvements in accordance with the requirements of Article V of the Pennsylvania MPC and the requirements of this Article. The financial security shall be released as construction progresses in accordance with the procedure set forth in Article V of the Pennsylvania MPC. Upon completion of the improvements and acceptance of dedication by the Borough of any improvements, the landowner shall post financial security to secure the structural integrity and functioning of the improvements, which have been accepted by the Borough in accordance with the requirements of Article V of the Pennsylvania MPC. M. All necessary state and federal permits Abandonment of PRD Fees. When the landowner fails to meet the schedules fixed in the tentative approval and does not appear to request an extension prior to the scheduled date or when final approval has been granted and the developer fails to start work within 1 year or when work is stopped for a period of 1 year, the PRD shall be considered to be abandoned. If the landowner fails to meet the above deadlines, and within such time does not request an extension, abandonment shall be considered to have taken place. A. Borough Council shall establish, by resolution, a schedule of fees to be paid by the developer at the time of tentative and final plan filing. B. The applicant shall pay the plan review fees charged according to the adopted fee schedule. At time of the plan submission, the applicant shall deposit the amount of money specified in the fee schedule with Borough Council. No application will be accepted for consideration unless accompanied by the required deposit. Charges and expenses will be withdrawn as they are incurred by Borough Council. If the charges and expenses attributable to the application exceed the amount deposited, the applicant shall be notified so that additional funds as are necessary to meet the charges and expenses are deposited with Borough Council. No plan shall be approved unless all fees are paid in full. Any amounts that were deposited in excess of the charges and expenses recorded shall be returned to the applicant following Council action on the proposal Additional requirements. Borough Council shall have the authority to modify the allowed number and maximum sign area of signs allowed by Article 17 within a PRD, in response to a written application by an applicant

80 1215. Enforcement. A. Any person, partnership or corporation, who or which has violated the planned residential development provisions of any ordinance enacted under this act or prior enabling laws shall, upon being found liable therefor in a civil enforcement proceeding commenced by a municipality, pay a judgment of not more than $500 plus all court costs, including reasonable attorney fees incurred by a municipality as a result thereof. No judgment shall commence or be imposed, levied or payable until the date of the determination of a violation by the district justice. If the defendant neither pays nor timely appeals the judgment, the municipality may enforce the judgment pursuant to the appropriate rules of civil procedure. Each day that a violation continues shall constitute a separate violation, unless the district justice determining that there has been a violation further determines that there was a good faith basis for the person, partnership or corporation violating the ordinance to have believed that there was no such violation, in which event there shall be deemed to have been only one such violation until the fifth day following the date of the determination of a violation by the district justice, and thereafter each day that a violation continues shall constitute a separate violation. All judgments, costs and reasonable attorney fees collected for the violation of planned residential development provisions shall be paid over to the municipality whose ordinance has been violated. B. The court of common pleas, upon petition, may grant an order of stay, upon cause shown, tolling the per diem judgment pending a final adjudication of the violation and judgment. C. Nothing contained in this section shall be construed or interpreted to grant to any person or entity other than the municipality the right to commence any action for enforcement pursuant to this section

81 ARTICLE 13 USE REGULATIONS Applicability of regulations. Except as provided by law or in this Ordinance, in each district no building, structure or land shall be used or occupied except for the purposes permitted in Section 1303 and for the zoning districts so indicated Uses by right, special exception, conditional use and uses not permitted. A. A use listed in Section 1303 is permitted by right in any district denoted by the letter P subject to such requirements as may be specified in Section 1304 and after a zoning permit has been issued in accordance with Article 2. B. A use listed in Section 1303 is permitted as a special exception in any district denoted by the letter SE, provided the Zoning Hearing Board authorizes the issuance of a zoning permit by the Zoning Officer, subject to the requirements of Section 205 and such further conditions as said Board may impose to insure the protection of adjacent uses, or the health, safety and general welfare. C. A use listed in Section 1303 is permitted as a conditional use in any district denoted by the letter CU, provided the Governing Body, having received a recommendation from the Planning Commission, grants the conditional use subject to the express standards set forth in Section 206 and such further conditions that the Governing Body may impose to insure the protection of adjacent uses, or the health, safety or general welfare. D. A use listed in Section 1303 is not permitted in any district denoted by the letter x. E. On any parcel or tract of land, only one principal use shall be permitted, except where specifically permitted by this Ordinance Uses subject to other regulations. A. Uses permitted by right or as special exception or conditional uses shall be subject, in addition to use regulations, to such regulations of yard, lot size, lot width, building area, easements, provisions for off-street parking and loading, and to such other provisions as are specified in other sections hereof. B. The conversion of an existing structure to a permitted nonresidential use in a zoning district shall be permitted provided the character of the existing structure is maintained, the parking and other requirements for the particular use are met, and the buffer requirements of Section 1403 are met. A new zoning permit is required each time a structure is converted to a different nonresidential use. 13-1

82 1303. Table of use regulations. Key: P = Permitted SE = Special Exception CU = Conditional Use x = Not Permitted A. AGRICULTURAL LAND USE ZONING DISTRICTS R-1 R-2 H-1 TC C-1 C-2 I-1 A-1 Forestry P P P P P P P B. RESIDENTIAL B-1 Single-Family Detached Dwelling P P x x x x x B-2 Two-Family Dwelling x P x x x x x B-3 Multi-Family Dwelling x SE x SE SE x x B-4 Mobile Home Parks x SE x x x x x B-5 Rooming or Boarding House x x x x CU x x B-6 Group Home P P x P x x x C. RELIGIOUS, EDUCATIONAL, RECREATIONAL AND INSTITUTIONAL C-1 Place of Worship SE SE SE SE x x x C-2 School SE SE SE SE SE SE SE C-3 Commercial School x x SE SE SE SE SE C-4 Library or Museum SE SE x SE P P x C-5 Recreational Facility P P P P P P P C-6 Athletic Facility CU CU x P P P CU C-7 Private Organization or Community Center SE SE SE P P P SE C-8 Day Care Center x x SE P P x x C-9 Adult Day Care Center x x SE P P x x C-10 Group Care Facility x x SE SE SE SE x C-11 Nursing Home x x P SE SE SE x C-12 Hospital x x P x x x x C-13 Cemetery x x x x x x SE C-14 Municipal/Government Building or Use x x CU P P P P C-15 Detention Facility x x x x x x SE C-16 Assisted Living Facility x x P SE SE SE x 13-2

83 D. OFFICE LAND USE ZONING DISTRICTS R-1 R-2 H-1 TC C-1 C-2 I-1 D-1 Office x x x P P P P D-2 Medical Office x x P P P P P E. RETAIL AND CONSUMER E-1 Retail Shop x x x P P P x E-2 Large Retail Store x x x x x P CU E-3 Service Business x x x P P P CU E-4 Financial Establishment x x SE P P P SE E-5 Eating Place x x SE P P P x E-6 Eating Place, Drive-Through x x x x P P x E-7 Repair Shop x x x P P P P E-8 Motel, Hotel or Inn x x x P P P x E-9 Commercial Recreation and Entertainment x x x x P P SE E-10 Service Station x x x x x P P E-11 Automotive Sales x x x x SE SE P E-12 Automotive Body Repair and Paint Shop x x x x CU CU P E-13 Car Wash x x x x x P P E-14 Shopping Center x x x x CU CU x E-15 Funeral Home x x P SE SE SE x E-16 Veterinary Office or Clinic x x x SE SE SE P E-17 Banquet Facility x x x x P P x E-18 Adult-Oriented Use x x x x x SE x E-19 Mixed-Use Building x x x x P SE x E-20 Kennel x x x SE SE SE P E-21 Animal Shelter or Rescue x x x x SE SE P F. PUBLIC UTILITIES AND PUBLIC SERVICE ORGANIZATIONS F-1 Utility Operating Facility P P P P P P P F-2 Emergency Services x x SE SE P P P F-3 Terminal x x x x x P P F-4 Telecommunications Facility CU CU CU CU CU CU CU G. INDUSTRIAL 13-3

84 LAND USE ZONING DISTRICTS R-1 R-2 H-1 TC C-1 C-2 I-1 G-1 Manufacturing x x x x x x P G-2 Research x x SE x x SE P G-3 Mini Warehouse, Mini Storage x x x x x x P G-4 Printing x x x x x x P G-5 Contract Services x x x x x P P G-6 Trades x x x x SE SE P G-7 Fuel Storage and Distribution x x x x x x P G-8 Building Materials Sale x x x x x x P G-9 Equipment Storage Yards x x x x x x P G-10 Truck Terminal x x x x x x P G-11 Food Processing x x x x x x P G-12 Laundry, Dry-Cleaning or Dyeing Plant x x x x x x P G-13 Warehouse x x x x x x P G-14 Junkyard x x x x x x P G-15 Mineral Extraction x x x x x x P G-16 Lawful Use Not Otherwise Permitted CU CU CU CU CU CU CU H. ACCESSORY USES H-1 Home-Based Business SE SE x x x x x H-2 No-Impact Home Based Business P P x P P x x H-3 Residential Accessory Structure P P x P P x x H-4 Outside Storage SE SE SE SE SE SE SE H-5 Temporary Structures and Vehicles SE SE SE SE SE SE SE H-6 Swimming Pool P P x P P x x H-7 Recreational Vehicles P P x x x x x H-8 Garage/Yard Sales P P x P P x x H-9 In-Law Suite SE SE x SE x x x H-10 Wind Energy System CU CU CU CU CU CU CU H-11 Solar Energy System P P P P P P P 13-4

85 1304. Uses. A. AGRICULTURAL USES. A-1 Forestry. To encourage maintenance and management of forested or wooded open space and promote the conduct of forestry as a sound and economically viable use of forested land throughout the Borough, forestry activities, including timber harvesting, shall be a permitted use by right in all zoning districts. The following regulations apply to all timber harvesting within the Borough where the value of the trees, logs, or other timber products removed exceeds $1,000. These provisions do not apply to the cutting of trees for the personal use of the landowner or for precommercial timber stand improvement. (a) Definitions. The following terms shall have the meanings given in this section. Felling - the act of cutting a standing tree so that it falls to the ground. Forestry - the management of forests and timberlands when practiced in accordance with accepted silvicultural principles, through developing, cultivating, harvesting, transporting and selling trees for commercial purposes, which does not involve any land development. Landing - a place where logs, pulpwood, or firewood are assembled for transportation to processing facilities. Landowner - an individual, partnership, company, firm, association, or corporation that is in actual control of forest land, whether such control is based on legal or equitable title, or any other interest entitling the holder to sell or otherwise dispose of any or all of the timber on such land in any manner, and any agents thereof acting on their behalf, such as forestry consultants, who set up and administer timber harvesting. Litter - discarded items not naturally occurring on the site such as tires, oilcans, equipment parts, and other rubbish. Lop - to cut tops and slash into smaller pieces to allow material to settle close to the ground. Operator - an individual, partnership, company, firm, association, or corporation engaged in timber harvesting, including the agents, subcontractors, and employees thereof. Pre-commercial timber stand improvement - a forest practice, such as thinning or pruning, which results in better growth, structure, species composition, or health for the residual stand but which does not yield a net income to the land owner, usually because any trees cut are of poor quality, too small or otherwise of limited marketability or value. Skidding - dragging trees on the ground from the stump to the landing by any means. Slash - woody debris left in the woods after logging, including logs, chunks, bark, branches, uprooted stumps, and broken or uprooted trees or shrubs. Stand - any area of forest vegetation whose site conditions, past history, and current species composition are sufficiently uniform to be managed as a unit. 13-5

86 Stream - any natural or artificial channel of conveyance for surface water with an annual or intermittent flow within a defined bed and bank. Timber harvesting, tree harvesting, or logging - that part of forestry involving cutting down trees and removing logs from the forest for the primary purpose of sale or commercial processing into wood products. Top - the upper portion of a felled tree that is not merchantable because of small size, taper, or defect. Wetland - areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances, do support a prevalence of vegetation typically adapted for life in saturated soil conditions including swamps, marshes, bogs, and similar areas. (b) No timber harvesting shall occur until notice has been provided to the Borough. Notification shall be in writing and shall specify the land on which harvesting will occur, the expected size of the harvest area, and, as applicable, the anticipated starting or completion date of the operation. (c) Every landowner on whose land timber harvesting is to occur shall prepare a written logging plan in the form specified by this ordinance. No timber harvesting shall occur until the plan has been prepared. The provisions of the plan shall be followed throughout the operation. The plan shall be available at the harvest site at all times during the operation and shall be provided to the Borough enforcement officer upon request. (d) Contents of logging plan. 1. Design, construction, maintenance, and retirement of the access system, including haul roads, skid roads, skid trails and landings; 2. Design, construction, and maintenance of water control measures and structures such as culverts, broad-based dips, filter strips, and water bars; 3. Design, construction, and maintenance of stream and wetland crossings; 4. The general location of the proposed operation in relation to municipal and state highways, including any accesses to those highways; 5. A sketch map or drawing containing the following information: site location and boundaries, including both the boundaries of the property on which the timber harvest will take place and the boundaries of the proposed harvest area within that property; significant topographic features related to potential environmental problems; location of all earth disturbance activities such as roads, landings, and water control measures and structures; location of all crossings of waters of the Commonwealth; and the general location of the proposed operation to municipal and state highways, including any accesses to those highways. 13-6

87 6. Compliance with the requirements of all applicable state regulations including, but not limited to Erosion and sedimentation control regulations contained in Title 25 Pennsylvania Code, Chapter 102, promulgated pursuant to The Clean Streams Law; and Stream crossing and wetlands protection regulations contained in Title 25 Pennsylvania Code, Chapter 105, promulgated pursuant to the Dam Safety and Encroachments Act. (e) Felling or skidding on or across any public thoroughfare is prohibited without the express written consent of the Borough or the Pennsylvania Department of Transportation, whichever is responsible for maintenance of the thoroughfare. (f) No tops or slash shall be left within twenty-five feet of any public thoroughfare or private roadway providing access to adjoining residential property. (g) All tops and slash between twenty-five and fifty feet from a public roadway or private roadway providing access to adjoining residential property or within fifty feet of adjoining residential property shall be lopped to a maximum height of four feet above the ground. (h) No tops or slash shall be left on or across the boundary of any property adjoining the operation without the consent of the owner thereof. (i) Litter resulting from a timber harvesting operation shall be removed from the site before it is vacated by the operator. (j) Pursuant to Title 75 of the Pennsylvania Consolidated Statutes, Chapter 49; and Title 67 Pennsylvania Code, Chapter 189, the landowner and the operator shall be responsible for repairing any damage to Borough roads caused by traffic associated with the timber harvesting operation to the extent the damage is in excess of that caused by normal traffic, and may be required to furnish a bond to guarantee the repair of such damages. (k) The Borough enforcement officer may go upon the site of any timber harvesting operation before, during, or after active logging to (1) review the logging plan or any other required documents for compliance with the regulations of this Section and (2) inspect the operation for compliance with the logging plan and other on-site requirements of these regulations. (l) Any landowner or operator who (1) violates any provision of this Section; (2) refuses to allow the Borough enforcement officer access to a harvest site or who fails to comply with a notice of violation or suspension order is guilty of a summary offense and upon conviction shall be subject to a fine of not less than one hundred dollars nor more than three hundred dollars, plus costs, for each separate 13-7

88 offense. Each day of continued violation of any provisions of this Section shall constitute a separate offense. B RESIDENTIAL USES. B-1 Single-family detached dwelling. A single-family detached dwelling on an individual lot with private yards on all sides of the house and with no public or community open space. Detached dwellings may include dwellings constructed on the lot, prefabricated dwellings, manufactured dwellings, modular dwellings and mobile homes. (a) No more than one single-family detached dwelling shall be placed on a lot and such detached dwelling shall be occupied by not more than one single-family. B-2 Two-family dwelling. A detached or semi-detached building where not more than two individual family dwelling units are entirely separated by vertical walls or horizontal floors, unpierced except for access to the outside or to a common cellar. B-3 Multi-family dwelling. Structures which contain three or more dwelling units, including townhouses, row houses, garden apartments or quadruplex units or high-rise units for the elderly or other designations. (a) Each dwelling unit in such a structure shall be designed for occupancy of families living independently of each other. (b) Minimum lot area: 20,000 square feet. (c) Performance standards: Maximum Building Height in Stories Maximum Building Coverage Units Per Net Acre Town or Row Houses % 14 Garden Apartments % 16 High Rise for the Elderly % 60 (d) Such dwelling structures shall be served with adequate public water and sewer systems. (e) Yard planting and screening, as per Section 1403 shall be provided to effectively screen off any adjoining uses. (f) High rise units for the elderly shall be designed for use primarily (65% or greater) by handicapped persons or persons at least 62 years of age. (g) Any proposed development with 10 or more dwelling units shall be provided with usable open space suitably designed and maintained for use as outdoor recreation space for residents in amounts not less than 250 square feet per dwelling unit. 13-8

89 B-4 Mobile home parks. Includes the coordinated development, under single ownership, which is planned and will be improved for the placement of mobile homes occupied for dwelling purposes. (a) All applicable mobile home park provisions of Ordinance 153, Subdivision and Land Development, as presently enacted and as may be amended. (b) All requirements of the Pennsylvania Department of Environmental Protection and other applicable agencies shall be met. (c) All mobile home parks shall be served with public water and sewer facilities. (d) There shall be a minimum distance of 25 feet between mobile homes. (e) The overall net project density shall not exceed nine dwelling units per net residential acre. (f) Twenty percent of the site shall be set aside in open space, and 1/2 of that amount shall be usable recreation area. (g) Minimum tract road frontage width shall be 300 feet. (h) Twenty-foot-wide buffer yard areas shall be provided along all perimeter property lines, and the area shall be screened in accordance with Section (i) Minimum lot area: 3 acres. B-5 Rooming or boarding house. A building containing one or more dwelling accommodations in which at least two rooms are offered for rent to adults ages 18 years or older, payable in money or other consideration, whether or not meals are furnished to occupants, and in which no transients are accommodated and no public restaurant is maintained. This use does not include a school or college dormitory, fraternity or sorority house, membership club with residents and other similar uses. B-6 Group home. Includes a group of persons, some or all of whom are not related by blood, marriage, legal adoption or foster placement, living together as a single housekeeping unit in a residential dwelling unit, but not including group care facilities. (a) The minimum separation between group homes shall be 1,200 feet, as measured from the closest property lines. (b) There shall be no sign or other exterior indication of a group home visible from a street. 13-9

90 (c) The use shall not generate pedestrian or vehicular traffic or parking in excess of what is characteristic of the district in which it is located. (d) A group home use shall be licensed or certified under applicable federal, state or county programs. C. RELIGIOUS, EDUCATIONAL, RECREATIONAL AND INSTITUTIONAL USES. C-1 Place of worship. Such use shall include a church, synagogue, or other place of worship, as provided. (a) Access shall be to a primary or arterial highway as delineated in the Comprehensive Plan. (b) Minimum yards: 1. Front yard 25 feet 2. Side yard 15 feet each 3. Rear yard 25 feet C-2 School. A school shall be limited to a private school, religious or nonreligious, public school or a college or university, operated by a public or quasi-public institution, which is not conducted as a private, gainful business as a commercial school and is licensed under the proper governmental authority, provided that: (a) The minimum lot area for elementary schools, junior high schools, middle schools or high schools shall meet the minimum requirements of the Pennsylvania State Board of Education. (b) The site plan shall include the following: 1. An emergency response plan, reviewed and approved by the appropriate emergency services personnel. 2. An impact statement, addressing all requirements of Articles 14 through 16. (c) No children s play equipment, basketball courts or illuminated recreation facilities shall be within 50 feet of a residential lot line. (d) Outdoor play areas shall be screened so as to protect adjacent residential neighborhoods from inappropriate noise and other disturbances. (e) Minimum yards shall be as follows: 1. Front yard: 50 feet 13-10

91 2. Side yard: 20 feet each 3. Rear yard: 50 feet (f) There shall be no outdoor storage of buses on the property. C-3 Commercial school. Such use shall include a trade, professional, music or dancing school, provided: (a) A trade school that includes an outdoor athletic field, court, or pay area shall be screened so as to protect adjacent residential neighborhoods from inappropriate noise and other disturbances and shall be no closer than 50 feet from a residential lot line. C-4 Library or museum. Such use shall be limited to a library or museum open to the public or connected with a permitted educational use and operated by a public or quasi-public institution. C-5 Recreational facility. A public park, nature preserve or outdoor recreation area, owned and operated by the Township, county, state or federal government, subject to the following: (a) No outdoor active recreational area shall be located nearer to any lot line than 15 feet, unless the adjacent property is preserved open space or park land. (b) A planted buffer 10 feet in width shall be provided where the use abuts existing residences or where properties that adjoin are zoned for residential use and are not preserved open space or park land. (c) Minimum lot area shall be 10,000 square feet. (d) This use shall not include a shooting range or target or gun club. C-6 Athletic facility. This use shall be limited to a commercial athletic recreational facility owned or operated by a nongovernmental agency and shall be limited to the following uses and facilities related thereto: fitness club or athletic training center, dance or gymnastics studio; tennis, racquetball, or squash club, and shall be subject to the following: (a) A minimum lot size of 30,000 square feet is required. (b) This use shall not permit amusement parks, shooting range or target or gun club, or any other activity specifically listed by this chapter as commercial recreation and entertainment or recreational facility. (c) No outdoor active recreational area shall be located nearer to any lot line than 25 feet

92 (d) A planted buffer 10 feet in width shall be provided where the use abuts existing residences or land zoned residential. C-7 Private organization or community center. A building and related facilities used for fraternal, educational, social, cultural or recreational activities, owned or operated by a corporation, association or group of individuals, or by an educational, philanthropic, governmental or religious institution. (a) The use shall not be conducted as a private gainful business. (b) No outdoor recreational area shall be located nearer to any lot line than 15 feet. (c) In residential districts, private organizations and community centers shall be limited to those operated by groups which do not provide dining services and/or the service of alcoholic beverages. (d) The minimum lot area shall be 6,000 square feet in the R-1 and R- 2 Zoning Districts, but in all other districts the minimum lot size shall be 10,000 square feet. C-8 Day-care center. Day-care center for four or more children providing out-of-home care for part of a twenty-four-hour day to children under 16 years of age, excluding care provided by relatives and care provided by places of worship during religious services, subject to the following additional provisions: (a) The facility shall meet all applicable design, site and area standards of the Pennsylvania Department of Public Welfare, Day- Care Division. (b) Buffer yards shall be provided if the use is located within a residential district or adjacent to a residential use or district. (c) No portion of a child care facility shall be located within a 300-foot distance from any potentially hazardous land use, activity, or natural condition of land, water or any other element which could pose a threat to the safety and welfare of the children, staff and other occupants at the facility. Hazardous land uses or activities include, but shall not be limited to, gasoline service stations, heavy industrial operations, storage of flammable or high-pressure materials, flammable or high-pressure underground pipelines, truck or rail loading areas, etc. Determination of a hazardous land use shall be that of the Zoning Officer. All child care facilities shall provide adequate fencing to contain all children upon the property, as approved by the Borough. (d) Whenever possible a dropoff area shall be located immediately adjacent to the facility. The dropoff area should be designed in such a way that pedestrians do not cross vehicular traffic lanes in 13-12

93 any parking area or driveway. The dropoff area may be designed either as a part of the on-site parking area or as a part of a driveway providing direct access to the facility. When the dropoff area is incorporated into the on-site parking area, the parking spaces nearest to the facility shall be designated as dropoff spaces. When the dropoff area is incorporated into a driveway, the dropoff spaces shall be located within a vehicle turnout area 12 feet in width exclusive of the driveway through traffic lane(s). C-9 Adult day-care center. A facility providing care for the elderly and/or functionally impaired adults in a protective setting for a portion of a twenty-four-hour day, subject to the following provisions: (a) When a license is required by the state, proof of licensing shall be presented with the application for the conditional use approval. Day-care centers exempt from state licensing requirements shall provide proof of exemption. (b) The day-care center shall be screened from adjacent properties with a fence or vegetative buffer, and an adequate fenced area shall be provided. (c) Site design and supervision characteristics shall ensure the safety of the users. (d) An adult day-care center shall not be located closer than five hundred feet to any other adult or child day care center. C-10 Group care facility. A facility which provides resident services, for a fee or charge, for individuals who are being cared for by an appropriate residential supervisory staff. These individuals may be handicapped, aged or disabled or in need of medical and/or adult supervision and are undergoing rehabilitation and are provided service and supervision in accordance with their individual needs. This category includes uses licensed or supervised by any federal, state or County health/welfare agency (all ages), halfway houses, resident schools, resident facilities and foster care homes or boarding homes for children or adults, but does not include group homes, nursing homes or detention centers. (a) The minimum separation between group homes shall be 1,200 feet, as measured from the closest property lines. (b) The use shall not generate pedestrian or vehicular traffic or parking in excess of what is characteristic of the district in which it is located. (c) A group care facility use shall be licensed or certified under applicable federal, state or county programs

94 C-11 Nursing home. A nursing facility or convalescent home licensed by the Pennsylvania Department of Health which is set up to provide longterm health care primarily to senior residents with chronic diseases or disabilities. This use does not include life-care or continuing-care facilities. (a) A minimum of 15 percent of the lot shall be suitable and developed for passive recreation. This area shall include outdoor sitting areas and pedestrian walks. C-12 Hospital. A state-licensed facility subject to the following provisions: (a) The minimum lot area shall be 7,500 square feet. (b) The minimum lot width shall be 65 feet. (c) A hospital shall have direct access from a primary road or arterial highway. (d) Emergency and service entrances shall be located so as not to be offensive to adjoining residential areas. C-13 Cemetery. A cemetery shall be limited to a burial place or graveyard, including a mausoleum, provided that: (a) Cemetery area and bulk regulations. 1. The minimum lot size shall be 1 acre. 2. No more than 5% of the entire area may be devoted to aboveground buildings not serving as burial markers or memorials, such as business and administration offices, chapels, maintenance facilities, greenhouses, workhouses, repair shops and the like. This restriction includes parking facilities. 3. For all accessory buildings, the setback line requirement shall be the same as for single-family detached dwellings in the zone in which the cemetery is located. 4. A buffer strip of at least 20 feet shall be provided between building or burial sites and the cemetery property line. 5. One dwelling, to be used for custodial personnel, may be permitted. (b) Cemetery design standards. 1. The maximum height of buildings, including dwelling units where permitted, shall be two stories or 35 feet

95 2. For all entrance features, including gates, fountains, statuary, identification signs and the like: [i] There shall be not more than two identification signs at such entrance. [ii] The main portion of entrance features shall be located no closer to the nearest right-of-way line of any public street than a distance equal to the building setback line required in the district in which the cemetery is located. [iii] No such entrance features shall exceed 12 feet in height. (c) Such use may be an accessory use to any place of worship. C-14 Municipal/governmental building or use. Such use shall be limited to a municipal or governmental administration building, municipal police station, courthouse, district justice office, road maintenance facility and such other uses as would customarily be associated with the operations of government, except such use shall not be deemed to encompass a landfill, incinerator or other waste disposal facility. C-15 Detention facility. Such use shall be limited to facilities owned and operated by the County of Northampton and shall be limited to the following: (a) A juvenile detention facility as described and regulated in 42 Pa.C.S.A (b) A rehabilitation center providing for minimum security detention of prisoners for work release or partial confinement. Such rehabilitation center shall not include facilities for the total confinement of prisoners who have been sentenced or who are awaiting trial. (c) A penitentiary, correctional institution or prison. C-16 Assisted Living Facility. D. OFFICE USES. (a) A minimum of 15 percent of the lot shall be suitable and developed for passive recreation. This area shall include outdoor sitting areas and pedestrian walks. (b) At least 65% of residents must be 62 years of age or older or handicapped. D-1. Office. A building for business, professional or governmental offices, provided that: 13-15

96 (a) Such use shall be carried on wholly indoors and within the principal building. (b) No office building shall include a store, beauty shop or other personal service shop. (c) No office building shall include a store front, a store window or any other retail commercial characteristic which detracts materially from the character of the district or surrounding neighborhood. (d) No structure designed for office use erected or renovated after the effective date of this chapter shall include any dwelling unit or units. D-2 Medical office. Such use shall be limited to a building or buildings with multiple offices for more than one physician or dentist or other medical professional for examination or treatment of persons as outpatients and laboratories incidental thereto. E. RETAIL AND CONSUMER USES. E-1 Retail shop. A retail shop shall be limited to a store selling apparel, baked goods, books, confections, catering services, drugs, dry goods, flowers, foodstuffs, furniture, gifts, hardware, household appliances, jewelry, liquor, milk, notions, periodicals, shoes, stationery, tobacco, toys, paint, records, cards, novelties, hobby and art supplies, music, luggage, sporting goods, pets, floor covering, garden supplies, plants, fabrics and beer and soft drinks or other retail goods, provided that: (a) All products produced on the premises are sold on the premises. (b) Over-the-counter sale of alcoholic beverages in taverns and bars is not included. (c) Stores with a gross floor area in excess of 10,000 square feet are not included. E-2 Large retail store. A large retail store is a store with greater than 10,000 square feet of floor area, including, regardless of size, any variety store, supermarket, department store and discount store. E-3 Service business. A service business shall be limited to such uses as a barber, beautician, laundry and dry cleaning (whether or not coinoperated), shoe repair, tailor, photographer, newspaper, printer and travel agency, provided that laundry, dry-cleaning or clothes-pressing establishments shall not employ equipment or materials which involve danger from fire or explosion, which detract from the character of the district or which involve the disposal of materials or fluids which may result in pollution of air, soil or waterways

97 E-4 Financial establishment. A financial establishment shall be limited to a bank, savings and loan association, credit union or other financial establishment, provided that if a drive-in window is provided, a stacking area to accommodate at least six vehicles shall be provided for each drive-in window. E-5 Eating place. An eating place shall be limited to any place for the sale and consumption of food and beverages, provided that: (a) Drive-in service is prohibited. (b) The sale of alcoholic beverages must be incidental to the sale and consumption of food. E-6 Eating place, drive-through. Such use shall be limited to cafeterias and eating establishments in which the principal business is the sale of foods and/or beverages in a ready-to-consume state for consumption either within the restaurant building or for carryout with consumption off the premises, provided that: (a) The use must have direct access to a primary or arterial street. (b) There shall be only one point of ingress and only one point of egress per collector or arterial street. (c) Where a drive-in window is proposed, a stacking lane shall be provided to serve a minimum of 10 cars. The stacking lane shall not be used for parking lot circulation aisles nor shall it in any way conflict with through circulation or parking. (d) A pedestrian walkway shall be provided between an existing sidewalk and the entrance to the restaurant. If there is no sidewalk, one shall be provided along the street frontage. (e) All such restaurants shall provide a trash storage area which shall be screened from the street and adjacent properties, in accordance with this chapter, to prevent trash from blowing from the area and to permit safe and easy removal of the trash. (f) Trash receptacles shall be provided outside the restaurant for patron use. E-7 Repair shop. A repair shop shall be limited to any business for the repair of appliances, lawn mowers, watches, guns, bicycles, locks and small business machines (but not including automobile, vehicle and motorcycle repairs). E-8 Motel, hotel and inn. Such use shall be limited to a building or group of buildings containing rooms for rent for the accommodation of transient guests, chiefly motorists, plus an eating place, provided that: 13-17

98 (a) The use must have direct access to a primary or arterial street. (b) Units in such facilities shall contain a minimum of 200 square feet of floor space, with a minimum of two rooms: a bedroom and a separate bathroom equipped with a flush water closet, a lavatory basin and a bathtub or shower, all properly connected to a public water and public centralized sewer system. (c) All such uses shall be served by public water and public centralized sewage disposal systems. (d) The minimum lot area shall be 50,000 square feet. (e) Any retail or commercial use accessory to the hotel, motel or inn use shall be subject to the following restrictions: 1. The accessory use shall be contained within the hotel, motel or inn building, and any customer entrance to any place of business, except for a banquet, convention or conference center associated with the hotel, motel or inn, shall be from inside the building. 2. The accessory use, except for a banquet, convention or conference center associated with the hotel, motel or inn, shall be principally for customers of the hotel, motel or inn. 3. There shall be no display of merchandise or other manifestation of commercial or retail use visible from the street or property line. E-9 Commercial recreation and entertainment. An indoor or outdoor entertainment or recreational facility operated as a commercial venture, which may include a bowling alley, skating rink, movie theater, theater, games arcade, recreational camps, driving range, chip and putt golf or miniature golf. (a) Minimum lot area: 1 acre. (b) No outdoor active recreation area shall be located nearer to any lot line than 50 feet. (c) Outdoor play areas shall be sufficiently screened with a planted buffer 10 feet in width. (d) This use does not include a shooting range or target or gun club. E-10 Service station. A service station shall be limited to a building or group of buildings for the sale of petroleum products, tires and automotive service, provided that: (a) A minimum lot width of not less than 200 feet shall be provided along each street on which the lot abuts

99 (b) The minimum lot area shall be one acre. (c) Such use shall be located on an arterial or a higher order road. (d) All fuel tanks shall be placed underground. (e) All pumps, lifts and other service facilities shall be located not closer than 35 feet to any lot or street line. (f) No vehicle shall be stored in the open, except those awaiting minor repairs, for a period exceeding seven consecutive days, unless screened from adjacent or residential properties. (g) All lubricating, making of minor repairs or similar activities shall be performed in an enclosed building. (h) Separate accessways shall be provided for the safe and convenient egress and ingress of motor vehicles. No accessway shall exceed 35 feet in width nor be less than 15 feet in width. (i) Access to the street shall be physically controlled by a concrete curbing at least eight inches in height. (j) All parking, access and outdoor service areas shall be graded, surfaced, drained and suitably maintained to the satisfaction of the Borough Engineer to the extent necessary to avoid nuisances of dust, erosion or excessive water flow across streets. (k) All automobile parts and similar articles shall be stored within a building. (l) All refuse shall be stored within a building or enclosed area. (m) Paint spraying or body and fender work shall not be permitted. (n) Junk vehicles shall not be stored in the open at any time. (o) The sale or rental of automobiles, trucks, trailers or other vehicles shall be prohibited. (p) Convenience shopping shall be permitted as an accessory use to the sale of petroleum products, provided that: 1. It shall be in lieu of the sale of tires and automotive service. 2. The use shall occupy no more than 75% of the service station building. (q) Service stations designed to offer to the public self-service facilities for dispensing of gasoline and other motor vehicle fuels shall meet the following conditions: 13-19

100 1. At least one qualified attendant shall be on duty while the station is open to the public, whose primary function shall be to supervise, observe and control dispensing of flammable or combustible liquids. 2. The attendants shall be situated so as to have a clear view of the dispensing operations. 3. A voice communication system, such as but not limited to an intercom system, shall be provided so as to allow direct voice communications at all times between the person dispensing flammable or combustible liquids and the attendant. 4. Emergency controls, including the main power shutoff, shall be conspicuously posted in the immediate vicinity of the principal control or the dispenser island. 5. Instructions for the operation of the dispensers shall be conspicuously posted on either the dispenser or the dispenser island. 6. A list of emergency procedures and instructions shall be conspicuously posted in the immediate vicinity of the principal control location of the attendant. 7. Fire-extinguishing and flammable liquids dispensing equipment shall be approved through National Standards testing. 8. At least one fire extinguisher shall be located within 25 feet of each gasoline pump. 9. Warning signs shall be placed in a conspicuous place with each sign indicating "Warning: (a) It is unlawful to dispense gasoline into any portable container unless the container is constructed of metal or is approved by the Fire Marshal; (b) No smoking; (c) Stop motor." E-11 Automotive sales. Automotive sales shall be limited to the sale and lease of automobiles by a duly franchised new car, truck, boat or motorcycle dealership; used car, truck, boat or motorcycle sales; or car, truck, trailer, motorcycle and/or boat rentals; farm machinery or travel campers, provided that: (a) Lighting. All outside lighting shall be directed in such a way as not to create a nuisance to any adjacent property, and all lighting shall be arranged and shielded so as to protect the street or highway and adjoining property from direct glare or hazardous interference of any kind. (b) All facilities shall be located and all services be conducted within the confines of the lot

101 (c) All preparation, lubrication, repair or similar activities shall be accessory. E-12 Automotive body repair and paint shop. Such use shall be limited to paint spraying, body and fender work and custom body work, provided that: (a) All such work is performed within a building. (b) All related automotive parts, refuse and similar articles shall be stored within a building or enclosed area. (c) Spraying and drying must be done in a self contained, reversed air, approved spraying/drying booth. E-13 Car wash. (a) A car wash shall include a water-recycling facility. (b) Car washes shall be designed with a stacking area adequate for six cars so that waiting cars do not interfere with traffic flow. E-14 Shopping center. Such use shall be limited to a building or a group of buildings, designed as a planned complex of related structures and circulation patterns, subject to the following additional criteria: (a) Such centers shall have a lot area of not less than 5 acres and a lot width of not less than 500 feet at the street right-of-way line. (b) The majority of all parking shall be provided in separate areas surrounding any group of shopping buildings. (c) Such centers shall be located on an arterial or higher order road. (d) The following uses are permitted as part of a shopping center: C-3 Commercial school C-6 Athletic facility D-1 Office D-2 Medical office E-1 Retail shop E-2 Large retail store E-3 Service business E-4 Financial establishment E-5 Eating place 13-21

102 E-6 Eating place, drive through E-9 Commercial recreation and entertainment (e) The shopping center shall be constructed in accordance with an overall plan and designed with a single architectural style approved by the Borough Council. (f) Regulations dealing with lighting, parking, outdoor storage, buffering, points of access, signs, landscaping and other applicable regulations set forth herein shall be met. (g) All establishments in the shopping center must have vehicular service access either from an individual service yard or from a common service area serving several establishments. All such service areas must be segregated from public areas and screened from public view. (h) Within a tract to be used for a shopping center, subdivision of the tract into individual lots is not permitted. E-15 Funeral home. Such use shall be limited to a mortuary or funeral home and shall not include a cemetery, columbarium, mausoleum or other permanent storage facility. E-16 Veterinary office or clinic. Such use shall be limited to the office of veterinarian. If a kennel is part of the office or clinic, the following conditions shall apply: (a) Minimum lot size shall be one acre. (b) No animal shelter or runway shall be located closer than 100 feet to any residential building other than the owner's or closer than 50 feet to the property line. (c) The kennel shall be constructed so that the animals cannot stray there from. (d) All animals must be kept indoors between 10:00 p.m. and 7:00 a.m. E-17 Banquet facility. A facility available for special dinners, banquets or other dining events by prearrangement with the management of the facility for groups or parties and not open to the general public on a daily basis; not an eating place or restaurant. E-18 Adult-oriented use. (a) The building or structure of such use shall be located no less than 400 feet from any residential use or district, public or private school, church recreation facility or any other religious, institutional or educational, or any youth-oriented use (e.g., day-care service, 13-22

103 entertainment, and including parks and recreation areas) within Wilson Borough or any adjoining municipality. (b) No such use shall be located within 2,000 feet of a similar use. (c) No display of adult-related materials depicting specified sexual activities or specified anatomical areas shall be visible from a window, door or exterior of the building. (d) No person under the age of 18 years of age shall be permitted within a building whose operation would be considered an adult-oriented establishment. (e) No more than one adult-oriented use shall be permitted within any one building or lot, and no adult-oriented use shall be permitted on the same lot as any other principal use. (f) No adult-oriented use or activity may change to another type of adultoriented use or activity except upon application to and approval by the Zoning Hearing Board of such change as a special exception. (g) The entrance to the adult-oriented use shall include a sign warning all individuals that the premises are classified as an adult-oriented use and that no persons under the age of 18 are permitted on the premises. (h) No adult-oriented use may remain open at any time between the hours of 1:00 a.m. and 6:00 a.m. on weekdays and Saturdays, and 1:00 a.m. and 12:00 noon on Sundays. (i) The Zoning Hearing Board must determine that the adult-oriented use: 1. Is in general harmony with the immediate vicinity. 2. Does not create an atmosphere of enticement for minors. 3. Will not be detrimental to the public health, public safety or general welfare of the Borough. (j) It shall be a violation of this subsection for a person who knowingly or intentionally, in an adult-oriented use, appears in a nude or seminude condition, unless the person is an employee who, while nude or seminude, shall be at least 10 feet from any patron or customer and on a stage at least two feet above the floor level. E-19 Mixed-use building. (a) Mixed-use building use shall contain residential and commercial or office uses only

104 (b) Uses shall be limited to those uses permitted within the district in which it is located. In no case shall a use not permitted in the district be approved. (c) At least 33% of the gross floor area shall be designated for residential use. (d) Residential uses are not permitted on the ground floors of mixed-use buildings. E-20 Kennel. (a) A minimum lot size of 0.25 acres is required. (b) All animals must be kept indoors between 10:00 p.m. and 7:00 a.m. (c) No animal shelter or runway shall be located closer than 100 feet to any residential building other than the owner's or closer than 50 feet to the property line. (d) The kennel shall be constructed so that the animals cannot stray there from. (e) Buildings shall be adequately soundproofed so that sounds generated within the buildings cannot be perceived at the lot lines. (f) Must comply with the requirements of the Pennsylvania Dog Law. E-21 Animal Shelter or Rescue. (a) A minimum lot size of 0.5 acres is required. (b) All animals must be kept indoors between 10:00 p.m. and 7:00 a.m. (c) No animal shelter or runway shall be located closer than 100 feet to any residential building other than the owner's or closer than 50 feet to the property line. (d) The kennel shall be constructed so that the animals cannot stray there from. (e) Buildings shall be adequately soundproofed so that sounds generated within the buildings cannot be perceived at the lot lines. (f) Animal shelters shall be operated in accordance with procedures accepted by animal rights groups such as the Large Animal Protection Society (LAPS) and the Society for the Prevention of Cruelty to Animals (SPCA) and the applicable State Laws concerning cruelty to animals. (g) All such uses shall meet all applicable Pennsylvania state licensing and codes

105 F. PUBLIC UTILITIES AND PUBLIC SERVICE ORGANIZATIONS. F-1 Utility operating facility. Such use shall be limited to a sewage pumping station, electrical substation, telephone substation, sewage treatment plant, and any public service or utility, not including a public incinerator, public or private landfill, or a telecommunications facility or tower, and provided that the following conditions are met: (a) Such installation must be essential to serve the Borough of Wilson. (b) No zoning permit shall be required for public utilities to be located in public streets or rights-of-way. (c) The following minimum setbacks from all property lines shall be provided: 1. Water tower: setback not less than the height of the tower, plus 200 feet. 2. Electrical substation: 50 feet. 3. Well facility: 100 feet. 4. Sewer pumping station: 50 feet. 5. Water treatment facility: 100 feet. 6. Water pump station: 20 feet. 7. Sewage treatment plant: 200 feet. 8. All other uses: 50 feet. (d) Minimum lot sizes shall be adequate to accommodate the above setbacks, parking requirements and other building requirements. (e) No parking shall be permitted within the required setbacks. F-2 Emergency services. Emergency services shall be limited to fire, ambulance, rescue and other emergency services of a municipal or volunteer nature. (a) For facilities without a community room, there shall be a minimum lot size of 10,000 square feet. (b) For facilities with a community room, there shall be a minimum lot size of one acre. F-3 Terminal. A terminal shall be limited to a railway station or bus station providing transportation services to the general public

106 F-4. Telecommunications facility. A structure or structures intended for transmitting or receiving radio, television, microwave or telephone communication; any telecommunications facility, including a tower and associated building, for cellular and personal wireless communications used to transmit or receive cellular and personal wireless telecommunications signals. (a) Maximum height: 150 feet. (b) The tower must be licensed by the Federal Communications Commission and must be reviewed and approved by the Federal Aviation Administration and any other regulatory authority with jurisdiction. (c) Allowable districts. 1. Applicants seeking to construct a telecommunications facility in Wilson Borough must first apply to the Borough to determine if a suitable site is available on Borough-owned and/or controlled land or structures, irrespective of zoning district requirements. If the facility is not to be located on Borough-owned and/or controlled facilities, telecommunications facilities, including buildings and towers, are permitted in the following zoning districts, and only as conditional uses approved by the Borough Council: C-1, C-2 and I Telecommunications facilities, including towers, may be permitted by conditional use in any other zoning district, provided that the tower and other facilities can be attached to an existing structure, can be disguised and shielded so as not to alter the appearance of the existing structure and where the proposed telecommunications tower does not increase the height of the existing structure or extend beyond the existing structure more than five feet, so that it will fit in with the character of the community. (d) All buildings, structures, towers and guy wires shall be located so that none of same are located within the required front, side or rear yard setbacks for the district in which it is located. The minimum lot area for the communications facility shall be 10,000 square feet; provided, however, that the lot area must be adequate to accommodate all necessary setbacks from property lines, in accordance with these regulations, and that any communications tower shall be located no less than 200 feet from any occupied building. (e) General standards for conditional use. 1. The applicant shall present documentation that the tower is designed in accordance with the standards cited in this chapter for telecommunications towers and with all applicable safety standards for towers. The applicant shall demonstrate that the 13-26

107 proposed telecommunications facility and tower are constructed in a manner consistent with all applicable industry standards; and the surrounding area will not be adversely affected by support structure failure. Towers and antennas shall be designed according to the standards of the American National Standards Institute and the Telecommunications Industry Association. 2. Where the proposed site abuts a residential zoning district, towers shall be permitted only where they are disguised by attaching them to an existing tall structure where the proposed tower does not increase the height of the existing structure or by disguising the tower so that it resembles a tree, silo or church steeple so that it will fit in with the residential character of the community. 3. The applicant shall present a site plan showing the following items: [i] Locations of all existing uses and proposed telecommunications facilities. [ii] Elevations and drawings of any existing uses and proposed telecommunications facilities, showing proposed width, depth, height, architectural style and structural data for any towers proposed. [iii] Vehicular access, fencing, landscaping and any easements for access and utilities. [iv] The applicant shall demonstrate that the height of the tower for the telecommunications facility is the minimum height necessary for the service area. [v] In order to reduce the number of telecommunications towers in the Borough, all towers and support structures shall be designed to permit other future users, including other telecommunications companies and police, fire and emergency services. The applicant shall demonstrate that other telecommunications licensees have been contacted with the objective of encouraging collocation of licensed antennas on the same tower. [vi] No telecommunications facilities (buildings or towers) shall be located on any site or building registered on the National Register of Historic Places. [vii] The telecommunications facility shall be fully automated and unattended on a daily basis and shall be visited only for periodic maintenance or emergency repair. [viii]a six-foot high security fence shall completely surround the facilities (tower, buildings and any guy wires)

108 [ix] An evergreen screen consisting of a row of evergreen trees planted ten feet on center shall be provided around the outside of the security fence. (f) As part of the development agreement for the construction or installation of any telecommunications facility, provisions shall be made for the removal of the structure by the applicant should the facility not be used for a period of 12 consecutive months. (g) Standards for telecommunications facilities combined with another use on a lot. A telecommunications facility is permitted on a property with another permitted or lawful nonconforming use subject to the general standards and to the following additional requirements: G. INDUSTRIAL USES. 1. If the facility consists of a separate building, the building and tower shall not be located within the minimum front, side and rear yard setbacks for the zoning district. The lot area for the use shall be the area needed to accommodate the buildings, towers, guy wires, buffer planting and security fencing. 2. Vehicular access to the building and tower shall not interfere with the parking or circulation on the site for the principal use. 3. Documentation from the owner of the principal use indicating the willingness to grant an easement, lease or other interest in real estate shall be provided to the Borough. G-1 Manufacturing. Manufacturing uses shall include but not be limited to the production, processing, cleaning and testing of materials, goods, foodstuffs and products from the following previously processed and prepared materials: bone, ceramics, cork, feathers, felt, fur, glass, hair, horn, leather, metal, paper, plaster, plastics, precious and semiprecious stones, rubber, shells, textiles and tobacco. Manufacturing may also include the manufacture of electrical appliances and supplies, small or hand tools, hardware, toys, jewelry, clocks and watches, musical, professional and scientific instruments, optical goods, machinery and machine tools, electrical equipment, motors, iron and steel products, including fabrication and assembly, or other similar uses. G-2 Research. Scientific or industrial research, testing or experimental laboratory or similar establishment for research or product development, provided that: (a) No research facility shall be a commercial production facility. (b) No research facility shall be permitted which constitutes a danger to the community because of combustible or radioactive materials

109 G-3 Mini warehouse, mini storage. Such use shall be limited to the storage of items, limited to personal property generally stored in residential structures, within a warehouse structure or mini warehouse structure, provided that: (a) The use shall be enclosed with a fence. Between the fence and the perimeter of the property there shall be a landscaped buffer planted in accordance with (b) The minimum driveway width between buildings shall be 20 feet. (c) No business activity other than leasing of storage units shall be permitted. (d) All storage shall be within enclosed buildings. (e) Explosive, radioactive or highly flammable materials and automobiles shall be prohibited. G-4 Printing. Such use shall be limited to printing, publishing and binding. G-5 Contract services. Contract services shall be limited to offices and supply shops such as building supplies, cement, electric, heating, plumbing, masonry, painting, landscaping and roofing. G-6 Trades. Such use shall be limited to a plumbing shop, carpentry shop, electrical shop, cabinetmaking, furniture-making and other similar trades, provided that this use shall not include outside storage. G-7 Fuel storage and distribution. Such use shall be limited to fuel storage and distribution tanks and related buildings, provided that: (a) The minimum lot area shall be 10 acres. (b) No retail sales will be permitted on the premises. G-8 Building materials sale. Such use shall be limited to a lumberyard and the storage and sale of finished products used in building and construction, such as concrete and metal pipes, provided that: (a) Millworking is permitted as an accessory use. (b) Storage yards shall be fully enclosed by fencing and a landscaped buffer at least 20 feet in width. (c) The storage of flammable or toxic gases and liquids and the production and mixing of asphalt and concrete is prohibited. (d) The minimum lot area shall be three acres

110 G-9 Equipment storage yards. Such use shall be limited to the rental and storage of construction equipment. No storage of junk vehicles shall be permitted. (a) Storage yards shall be fully enclosed by fencing and a landscaped buffer at least 20 feet in width. (b) The minimum lot area shall be two acres. G-10 Truck terminal. This shall be limited to express trucking or hauling stations. (a) This use may not include facilities for the hauling or transfer of solid or liquid wastes. (b) No outdoor storage of materials or vehicles is permitted. (c) The minimum lot area shall be two acres. G-11 Food processing. This use shall be limited to food processing, packing, canning of meat, fish, dairy and other food products as well as the manufacture and packaging of nonalcoholic beverages, provided that such uses are served by public water and public sewer services. G-12 Laundry, dry-cleaning or dyeing plant. A commercial plant for laundry, dry cleaning or dyeing. G-13 Warehouse. Wholesale business, wholesale storage or warehousing, excluding retail sales except as provided for below. A small retail store may be operated in conjunction with use G-13, subject to the following conditions: (a) The retail store shall be an accessory use which is clearly incidental and subordinate to the primary use G-13; (b) The retail store may only sell those items stored at the property in accordance with use G-13; and (c) The retail store may not exceed 15% of the gross floor area or 1,000 square feet, whichever is less. G-14 Junkyard. Such use shall be limited to an area of land, with or without buildings, that is used for the storage of used or discarded materials, including but not limited to wastepaper, rags, metal, building materials, house furnishings, machinery, vehicles and parts thereof, provided that: (a) The proposed use of an area shall not be detrimental to adjacent land uses. (b) There shall be maximum lot size of five acres

111 (c) Such use shall be a minimum of 200 feet from any public road as measured from the street line. (d) The land area used for such purposes shall not be exposed to public view from any residence or public street or road. (e) Such uses shall be entirely enclosed by a solid fence or wall at least six feet high and constructed of plank boards, brick, cinder block or concrete, with access only through solid gates. Such fence or wall shall be kept in good repair and neatly painted in uniform color. (f) A dense evergreen buffer shall be provided on the outside perimeter of the fenced area. Evergreens shall be four to five feet in height and planted on ten-foot staggered centers. (g) The contents of such use shall not be placed or deposited to a height greater than the height of the fence or wall herein prescribed. (h) The storage of paper shall be within a building. (i) The storage of toxic chemicals shall be prohibited. (j) Dumping of trash or landfill operations and burning of any materials shall specifically be prohibited. (k) All such uses shall be sealed from groundwater contamination and shall provide groundwater monitoring wells. G-15 Mineral extraction. (a) The activities and residual effects shall not create conditions hazardous or otherwise adverse to the value and use of adjacent properties or the well-being of the surrounding area and its residents. (b) The site shall be reclaimed to a nonhazardous state permitting some reasonable future use and so that the extracting activities and resulting condition of the site will not result in environmental degradation of the surrounding area. (c) All activities of these land uses shall be effectively screened from adjacent properties and set back from adjacent properties by a minimum distance of 50 feet and from residential structures by a minimum distance of 100 feet or such greater distance as may be required by site conditions to protect adjacent properties as determined necessary by the Governing Body. (d) Unique or environmentally significant natural features and significant historic or architectural structures and sites shall be protected from disruption or adverse effects from quarrying and/or mining activities

112 (e) A copy of all information submitted to the State agencies shall also be submitted to the Code Enforcement Officer at the same time. (f) A detailed and appropriate land reclamation and reuse plan of the area to be excavated shall be submitted to the Code Enforcement Officer. Compliance with such plan shall be a condition of Borough permits. G-16 Lawful use not otherwise permitted. This section is intended to provide, by conditional use, for any lawful use that is required to be permitted by the Pennsylvania Municipalities Planning Code and which is not otherwise permitted in any other use categories described in this section. A lawful use not otherwise permitted shall be subject to the following requirements: (a) The use must comply with the impervious surface, area, lot area, and dimensional requirements of the district in which the use is proposed. (b) The applicant must demonstrate that the use proposed will comply with all permit requirements of the Pennsylvania Department of Environmental Protection or any other commonwealth or federal government agency which regulates such use. (c) Conditional use approval shall only be granted by the Town Council after it has determined that the granting of such will not result in additional threats to public safety or extraordinary public expense, create nuisances, cause fraud or victimization of the public or conflict with local laws or ordinances. H. ACCESSORY USES. H-1 Home-based business: a business or commercial activity administered or conducted as an accessory use which is clearly secondary to the use as a residential dwelling and which involves some customer, client or patient traffic, whether vehicular or pedestrian, pickup, meeting location, delivery or removal functions to or from the premises in excess of those normally associated with a residential use. The business or commercial activity must satisfy the following requirements: (a) The home-based business shall be accessory to a residence and carried on wholly indoors and within a dwelling or other structure accessory thereto and shall be clearly incidental and subordinate to its use for residential purposes by its occupants. (b) The business activity shall be compatible with the residential use of the property and surrounding residential uses and shall meet the minimum and maximum area, height and dimensional requirements of the district in which the use is located. (c) Such use shall be limited to single-family detached dwellings

113 (d) There shall be no use of show windows, display or advertising visible outside the premises, except as provided for signs herein. (e) There shall be no exterior storage of material or building material. (f) There shall be no parking of commercial vehicles, except that parking of not more than one commercial vehicle exceeding a one-ton loading capacity and with no more than two axles or four wheels, whichever is less, including any construction or landscaping vehicles and trailers used for their transportation (i.e., front-end loaders, cranes, cement mixers, riding lawn mowers, etc.) shall be permitted only within a completely enclosed building. (g) The appearance of the residential structure shall not be altered or the home-based business within the residence be conducted in a manner which would cause the premises to differ from the residential character by the use of colors, materials, construction, lighting, show windows or advertising visible on the premises to attract customers or clients, other than an identification sign not exceeding two square feet, notwithstanding any other provisions of this chapter. (h) A sign displaying the name and address of the home-based business may be permitted, subject to the following requirements: no more than one such sign shall be erected on the lot; the area of the sign shall not exceed two square feet in size; and the sign shall be either fixed flat on the main wall of the building or may be erected in the front yard, but not within 10 feet of the cartway. (i) No articles shall be sold or offered for sale except such as may be produced on the premises. (j) There shall be no stockpiling, storage or inventory of products of a substantial nature. (k) There shall be no commodities sold or services rendered that require receipt or delivery of merchandise, goods or equipment by other than passenger motor vehicle or by parcel or letter carrier mail service using vehicles typically employed in residential deliveries. (l) The home-based business shall be carried on only by inhabitants of the dwelling and not more than one additional employee. (m) The floor area devoted to a home-based business shall not occupy more than 25% of the ground floor of the principal residential structure or 500 square feet, whichever is less; all portions of the floor area to be used for the home-based business shall be accessible to employees and clients without having to enter or walk through the areas of the residence devoted to solely residential use, and all areas to be used for employees and client visits shall be in one location and not separated by rooms or hallways which are used for residential purposes

114 (n) No equipment or process shall be used in a home-based business which creates discernible noise, vibration, glare, fumes, odors or electrical interference at the property line, and no equipment or process shall be used which creates visual or audible interference in any radio or television receiver off the lot or causes fluctuations in line voltage off the lot. (o) No manufacturing, repairing or other mechanical work shall be performed in any open area. All such activities shall be conducted in such a manner that they are not detectable or noticeable at or beyond the property line. (p) The business activity may not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use in the neighborhood. (q) The maximum number of off-street parking spaces shall be limited to six parking spaces, which shall not include any garage spaces and shall be designed to comply with the appropriate provisions of Article 16 of this chapter. (r) No more than one home-based business shall be permitted per residential dwelling. (s) The hours of operation shall be limited to Monday through Saturday, and activities shall occur between the hours of 8:00 a.m. to 9:00 p.m. (t) Parking spaces required by the home-based business in addition to those required for the residential use must be located to the side or to the rear of the principal residence and must be separated from adjoining properties by a ten-foot-wide planted buffer. (u) The business may not involve any illegal activity. H-2 No-impact home-based business: a business or commercial activity administered or conducted as an accessory use which is clearly secondary to the use as a residential dwelling and which involves no customer, client or patient traffic, whether vehicular or pedestrian, pickup, delivery or removal functions to or from the premises, in excess of those normally associated with residential use. The business or commercial activity must satisfy the following requirements: (a) The no-impact home-based business shall be accessory to a residence and carried on wholly indoors and within a dwelling or other structure accessory thereto and shall be clearly incidental and subordinate to its use for residential purposes by its occupants. (b) The business activity shall be compatible with the residential use of the property and surrounding residential uses and shall meet the minimum and maximum area, height and dimensional requirements of the district in which the use is located

115 (c) There shall be no use of show windows, display or advertising visible outside the premises. (d) There shall be no exterior storage or building material. (e) There shall be no outside appearance of a business use, including, but not limited to, parking, signs or lights. (f) The appearance of the residential structure shall not be altered or the no-impact home-based business within the residence be conducted in a manner which would cause the premises to differ from the residential character by the use of colors, materials, construction, lighting, show windows or advertising visible on the premises to attract customers or clients. (g) There shall be no display or sale of retail goods and no stockpiling, storage or inventory of products of a substantial nature. (h) There shall be no commodities sold or services rendered that require receipt or delivery of merchandise, goods or equipment by other than passenger motor vehicle or by parcel or letter carrier mail service using vehicles typically employed in residential deliveries. (i) The no-impact home-based business shall be carried on only by inhabitants of the dwelling. (j) The floor area devoted to a no-impact home-based business shall not occupy more than 25% of the ground floor of the principal residential structure or 300 square feet, whichever is less. (k) No equipment or process shall be used in a no-impact home-based business which creates discernible noise, vibration, glare, fumes, odors or electrical interference at the property line, and no equipment or process shall be used which creates visual or audible interference in any radio or television receiver off the lot or causes fluctuations in line voltage off the lot. (l) The business activity may not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use in the neighborhood. (m) The business may not involve any illegal activity. H-3 Residential accessory structure. Such use shall include a residential accessory structure or use, including but not limited to: (a) Parking of not more than one commercial vehicle not exceeding a one-ton loading capacity and with no more than two axles or four wheels, whichever is less, including any construction or landscaping vehicles and trailers used for their transportation (i.e., front-end loaders, cranes, cement mixers, riding lawn mowers, etc.) shall be 13-35

116 permitted only within a completely enclosed building and only as an accessory to a single-family detached dwelling and shall only be for the use of the inhabitants of the subject residence. (b) Structures, such as fences and walls, that are man-made structures, erected to enclose or screen areas of land are permitted, subject to the property owner and/or applicant applying for and receiving a zoning permit from the Borough and subject to the following restrictions: 1. Fences and walls in any portion of the front yard, as defined by this chapter, shall not exceed four feet in height. Height shall be measured from the mean ground level surrounding the fence or wall to the highest point of the fence or wall. 2. Fences and walls in side and rear yards shall not exceed six feet in height. 3. No fences or walls may be constructed in the clear site triangle or in any portion of a street right-of-way or in a public easement or in any portion of any public or private easement where the easement agreement prohibits fences or walls. 4. Notwithstanding anything to the contrary contained in this subsection, fences or walls surrounding tennis courts may be not more than 10 feet in height, but tennis courts may not be located in any portion of the required front yard as defined by this chapter. 5. These regulations shall not apply to the following: [i] Fences or walls required to be installed in order to comply with swimming pool fencing requirements of this chapter and/or the Borough Building Codes [ii] Fences or walls solely required as a result of an agricultural or horticultural use of real property. (c) Structures such as storage sheds, bathhouses and private greenhouses, provided that they do not exceed 15 feet in height and that they meet the following requirements: 1. Structures with a floor area of 144 square feet or less shall be no closer than four feet to any property line. 2. Structures, other than detached garages, with a floor area of more than 144 square feet shall meet the setback requirement for principal buildings for the applicable zoning district. 3. Such structures shall be permitted accessory uses for singlefamily detached dwellings only

117 4. The impervious surface requirements of the district in which the use is located must be met and shall be calculated, including the accessory structures. 5. Decks attached to or immediately adjoining a dwelling unit shall not encroach more than 10 feet into a required rear yard. (d) Detached garages which are accessory to residences are permitted to be located no closer to a side or rear property line than 4 feet for all conforming sized lots and on non-conforming lots, 2 feet from one of the side property lines. Such garages shall be located behind the principal building setback line closest to the street on which the principal building fronts and shall be set back from the street line a distance no less than the actual setback of the principal building from the street line. Garages shall not exceed 15 feet in height. H-4 Outside storage. (a) Outside storage, other than storage as a primary use of the land, necessary but incidental to the normal operation of a primary use, shall be permitted, subject to the following additional provisions: 1. No part of the street right-of-way, no sidewalks or other areas intended or designed for pedestrian use, no required parking areas and no part of the required front yard shall be occupied by outside storage. 2. Outside storage areas shall occupy an area of less than 1/2 of the existing building coverage. 3. Outside storage areas shall be shielded from view from the public streets in accordance with the buffer requirements of this ordinance. (b) Uses requiring more substantial amounts of land area for storage, such as any nursery, garden center, automotive sales, truck terminal and lumberyard, may be exempt from the provisions of Subsection H- 4(a)2 and 3 above. For these and other similar uses, no more than 25% of the lot area shall be used for outside storage. For these uses only, outdoor storage may be placed within the required yard area so long as all storage is set back a distance equal to at least 50% of the required yard area for the district in which the use is located. Among the uses that shall not be considered appropriate for inclusion under this provision are retail shop, repair shop, service station, automobile repair and car wash, automotive accessories, wholesale, contracting and trades. (c) The storage of tractor trailers, panel trucks, vans and similar vehicles which supply or service establishments in commercial or industrial districts shall be permitted, provided that such vehicles shall be used by the establishment in the normal conduct of its business

118 H-5 Temporary structures and vehicles. Such use shall be limited to a temporary structure, vehicle or use. A temporary permit may be issued for structures or uses necessary during construction or other special circumstances of a nonrecurring nature, such as fires, construction or other causes of a similar nature, subject to the following additional provisions: (a) The time period of the initial permit shall be six months. This permit may be renewed for three-month time periods, not to exceed a total time period of two years. (b) Temporary nonconforming structures or uses shall be subject to authorization by the Zoning Officer or Borough Council. (c) Such structure or use shall be removed completely within 30 days of the expiration of the permit without cost to the municipality. (d) Tractor trailers shall not be permitted to be parked in residential districts except during construction. (e) No retail sales shall be permitted from temporary uses or structures. (f) The placement of all temporary structures shall be subject to the approval of the Zoning Officer. H-6 Swimming pool. A swimming pool shall be permitted as an accessory to a residential use, provided that: (a) No person, owner or occupant of land shall install or maintain a swimming pool or other artificial body of water capable of being filled to a depth exceeding 18 inches at the deepest or lowest point unless a permit is first obtained from the Code Enforcement Officer and the required plans and information are filed, together with required permit fees. Ornamental pools and wading pools which do not exceed 18 inches in depth are exempt from these provisions. Swimming pools shall include any pool, regardless of design or construction materials or the permanency of its location both above and below ground level, which is built, erected or used for the purpose of bathing or swimming and all buildings, equipment, and appurtenances thereto. This chapter shall also apply to public swimming pools used and maintained by an individual, firm, corporation, club or association of persons for use by the public or members and their invitees or guests. (b) The building area restrictions as set forth for the pertinent zoning districts in this chapter shall apply and, in addition thereto, each such pool area and the paving or coping surrounding it or associated with it shall not be located in any front yard and not closer than 4 feet to any property lines. (c) Building permits are required prior to the construction, alteration, remodeling or additions to a swimming pool or other artificial water 13-38

119 areas not specifically exempt from this chapter. Application for a permit for the construction of a swimming pool shall be made to the Code Enforcement Officer. Each application for a private or public swimming pool shall be accompanied by a duplicate set of plans, specifications and plot plans of the property. The location of the pool on the property and with respect to adjoining property and street lines shall be shown, together with the location, height and type of fencing or walls or protective equipment and accessory buildings. No permit for a private or public swimming pool shall be issued until the plans, specifications and plot plans have been approved by the Zoning Officer through compliance with this chapter and the Borough Building Code. (d) Written approval must be obtained upon inspection of the pool and subject to the discretion of the inspecting officer. (e) All swimming pools shall be subject to an annual inspection by the Code Enforcement Officer or the Health Officer or other official designated by the Borough Council or the Health Department who shall have the right of inspection whenever they, in their sole discretion, deem it necessary to do so. (f) Safety. Any pool or water area subject thereto shall be suitably designed, located and maintained so as not to become a nuisance or hazard either to adjoining property owners or the public generally. All detachable ladders shall be removed when the pool is not in use. (g) Sanitary quality of water. The physical, chemical and bacterial qualities of the water in public swimming pools shall comply with the latest standards of the Commonwealth of Pennsylvania Department of Health. Failure to maintain the sanitary quality of water prescribed by this section or to restore such water to the required quality within the time prescribed by the Department of Health shall be a violation of this section. (h) Accessory buildings. Locker rooms, bathhouses, cabanas, shower rooms, toilets, runways and all other physical facilities or equipment incidental to the operation of any public swimming pool shall be kept in a sanitary condition at all times and shall otherwise comply with the Borough ordinances, rules and regulations. (i) Construction and maintenance. The construction and design of all pools shall be such that the same can be maintained and operated as to be clean and sanitary at all times. The owners of every such pool shall be responsible to maintain said pool in such condition as to prevent breaks in the pool chassis or water from the pool overflowing into adjacent public or private property. Swimming pools shall be constructed, equipped and maintained in strict conformity with the provisions of the swimming pool and public health codes issued by the Commonwealth of Pennsylvania and the Northampton County Health Department

120 (j) Outdoor lighting, if used, shall be installed in such a way as to be shielded and not to reflect toward or into the interior of adjacent residential properties. (k) All electrical work connected with the pool and all equipment incidental thereto shall comply with all Underwriters' Laboratories, Inc., regulations and must be inspected and certified by an ICC Electrical Inspector prior to the issuance of a certificate of compliance. In no event may said pool be used prior to such approval. (l) If pools are connected to any water, sewer or public utility line, there must be installed a separate valve controlling such line, both as to supply and drainage, and a permit must be obtained prior to installation from the agency furnishing such utility service. A minimum isolation distance of 25 feet shall be required between a swimming pool and any sewage disposal system. (m) Approved filtration systems and circulators must be provided for all pools except such exempt or nonexempt wading pools as are emptied on a daily basis as hereinafter provided. (n) All pool installations shall conform to all applicable building codes. (o) In no case shall water in the pool or pool area be permitted to emit an offensive odor or create any unhealthful condition. Further, it shall be a violation of this chapter to cause or allow drainage onto adjoining land, public or private; provided, however, that the Zoning Officer may issue a permit for drainage into storm sewers at his discretion. (p) No pool shall be located under any electric power lines (including service lines), and the pool must be located at least 10 feet (measured horizontally) from such power lines. (q) No water shall be placed in the pool until a fence, as required by this chapter, has been completed. (r) Fencing of pools. Fencing of pools must comply with Appendix G of the most current adoption of the International Residential Code. (s) The owner of any swimming pool shall allow the Borough Code Enforcement Officer, Health Officer or other authorized official access to the pool and appurtenances for the purpose of inspection to ascertain compliance with this chapter at all reasonable times. (t) Pool construction and security. All pools shall be constructed and secured in accordance with the Uniform Construction Code (UCC), International Code Council (ICC), and International Residential Code (IRC), as adopted by Wilson Borough

121 H-7 Recreational vehicles. These regulations apply to recreational vehicles which are stored on a property but are not enclosed within a garage or other building. (a) Recreational vehicles include travel trailers, boats, campers, snowmobiles, all-terrain vehicles, trailers for these vehicles and other similar vehicles. (b) Two recreational vehicles, not enclosed within a garage or other building, shall be permitted per dwelling. (c) Recreational vehicle parking is permitted as an accessory residential use only for single-family detached dwellings. (d) Recreational vehicles shall not be stored between the street line and the front building line and/or in front of the principal building unless the recreational vehicle is totally screened from view by fencing and vegetation or the recreational vehicle is at least 100 feet from the front property line of the single-family dwelling. (e) No such vehicle shall be used for living, sleeping or housekeeping purposes when parked or stored on a residential lot or in any location not approved for such use. (f) No recreational vehicles stored on the property shall be closer than seven feet from any property lines. (g) For the purpose of this subsection, recreational vehicles shall be presumed stored on a property if they remain on the property for more than seven consecutive days and more than 10 days in any calendar month. H-8 Garage/yard sales. Such uses shall be limited to no more than two days in duration. No more than two such sales can be held per property in a calendar year. There shall be at least 30 days between sales. H-9 In-law suite. One in-law suite to a residential dwelling shall be permitted, provided that the conditions set forth in this section are met, and further provided that the accessory use, in all respects, complies with this Ordinance relating to the zoning district wherein the proposed in-law suite is to be constructed or to be used. The intent of these provisions is to allow for related family members to reside on the premises. (a) In-law suites may contain separate cooking, sleeping, living and bathroom facilities. (b) The in-law suite shall occupy no more than 35% of the total usable floor area of the principal residence, not including any garage. (c) In-law suites shall be part of the principal residence or may be contained in the existing accessory structure such as a garage. No 13-41

122 new separate structures on the same lot with the principal residence shall be permitted to be constructed for this use. (d) The required off-street parking for the principal dwelling plus one additional off-street parking space for the in-law suite shall be provided. (e) No more than one in-law suite shall be permitted per residential dwelling. (f) Each in-law suite shall be registered with the Borough Code Enforcement Officer, who shall keep record of its use to ensure compliance with this Ordinance. (g) A certification shall be received from the Northampton County Department of Human Services or other regulatory agency certifying that the wastewater facilities are adequate to accommodate the principal residential dwelling as well as the in-law suite as defined in this section. H-10 Wind Energy System. An energy conversion system, including appurtenances, which converts wind to a usable form of energy to meet all or part of the energy requirements of the on-site use. Accessory wind energy systems shall not be used primarily for the generation of power to sell to other users, although this provision shall not prohibit the sale of excess power generated to the local utility company. The following requirements shall apply to accessory wind energy systems: (a) No wind energy system, or addition of a wind turbine to an existing wind energy system shall be constructed or located within Wilson Borough unless a permit has been issued to the facility owner or operator approving construction of the facility under this Ordinance. (b) There shall be a maximum of one device on a single parcel. (c) Any physical modification to an existing and permitted wind energy system that materially alters the size, type and number of wind turbines or other equipment shall require a permit modification under this Ordinance. Like-kind replacements shall not require a permit modification. (d) The design of the wind energy system shall conform and comply with all manufacturer s specifications and any and all applicable industry standards. (e) To the extent applicable, the wind energy system shall comply with the Pennsylvania Uniform Construction Code, Act 45 of 1999 as amended and the regulations adopted by the Department of Labor and Industry

123 (f) Maximum height of the structure, including all moving and rotating parts, shall be sixty-five (65) feet, measured from the undisturbed ground elevation at the base of the device, to the highest point of the arc of the blade, or to the top of the tower, whichever is greater; unless a greater restriction is imposed by FAA regulations. (g) All wind energy systems shall be equipped with an over speed control system in accordance with the manufacturer s specifications. (h) All electrical components of the wind energy system shall conform to relevant and applicable local, state and national codes, and relevant and applicable international standards. The facility shall have an output limit of 50 KW. (i) Wind turbines shall be a non-obtrusive color such as white, off-white or gray. (j) Wind energy systems shall not be artificially lighted, except to the extent required by the Federal Aviation Administration or other applicable authority that regulates air safety. (k) Wind turbines shall not display advertising, except for reasonable identification of the turbine manufacturer, facility owner or operator. (l) On-site transmission and power lines between wind turbines shall, to the maximum extent practicable, be placed underground and in accordance with applicable IRC Codes. (m) A clearly visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations. (n) Visible, reflective, colored objects such as flags, reflectors, or tape shall be placed on the anchor points of guy wires and along the guy wires up to a height of ten (10) feet from the ground. (o) Wind turbines shall not be climbable up to fifteen (15) feet above ground surface. (p) All access doors to wind turbines and electrical equipment shall be locked or fenced, as appropriate, to prevent entry by non-authorized persons. (q) All wind turbines shall be set back from the nearest property line a distance of not less than the maximum setback requirements for that zoning classification where the turbine is located or 1.1 times the turbine height, whichever is greater. The setback distance shall be measured to the center of the wind turbine base. In no case shall a system be located within or above a front yard or within or above the minimum required side and/or rear yards

124 (r) Minimum distance between the undisturbed ground at the base of the device and any protruding blade shall be fifteen (15) feet, as measured at the lowest point of arc of the blades. (s) When a building is necessary for storage cells or related mechanical equipment, the building shall not exceed one hundred and fifty (150) square feet in area, shall not exceed eight (8) feet in height and must not be located in any required front, side or rear yards. (t) Accessory wind energy systems attached to existing structures shall not exceed a height of twenty (20) feet above the height of the existing structure that it is attached to, and shall be located on the existing structure so that a minimum distance of 1.1 times the overall height of the accessory wind energy system is maintained between the device and any property line and/or existing street right-of-way. (u) Noise and shadow flicker. (i) Audible sounds from a wind energy system shall not exceed fifty (50) dba, as measured from the setback line (front, side or rear) of a contiguous neighboring property. Methods for measuring and reporting acoustic emissions from wind turbines and the wind energy system shall be equal to or exceed the minimum standards for precision described in AWEA Standard titled Procedures for the Measurement and Reporting of Acoustic Emissions from Wind Turbine Generation Systems Volume I: First Tier. (ii) The facility owner and operator shall make reasonable efforts to minimize shadow flicker to any occupied building on a nonparticipating landowner s property. (v) Signal interference. The applicant shall make reasonable efforts to avoid any disruption or loss of radio, television or similar signals, and shall mitigate any harm caused by the wind energy system. (w) Decommissioning. (i) The facility owner and operator shall, at its expense, complete decommissioning of the wind energy system, or individual wind turbines, within twelve (12) months after the end of the useful life of the system or individual wind turbines. The wind energy system or individual wind turbines will presume to be at the end of its useful life if no electricity is generated for a continuous period of twelve (12) months. (ii) Decommissioning shall include removal of wind turbines, buildings, cabling and electrical components. (iii) The Borough Engineer shall review and approve a cost estimate provided by the applicant, which cost estimate shall establish the 13-44

125 total cost of decommissioning (decommissioning costs) without regard to salvage value of the equipment. Said estimates shall be submitted to Wilson Borough after the first year of operation and every fifth year thereafter. (iv) The facility owner or operator shall post and maintain a Decommissioning Fund (escrow account) in an amount equal to the net decommissioning cost with the Borough. Decommissioning funds may be in the form of a performance bond, surety bond, letter of credit, corporate guarantee or other form of financial assurance as may be acceptable to Wilson Borough. (v) If the facility owner or operator fails to complete decommissioning as set forth herein, then the landowner shall have six (6) months to remove the wind energy system. (vi) If neither the facility owner or operator nor the landowner complete decommissioning within the periods prescribed, then Wilson Borough may take such measures as necessary to complete decommissioning. Wilson Borough is authorized to use the decommissioning funds held in escrow by the Borough to complete the decommissioning process. (vii) The escrow agent shall release the decommissioning funds when the facility owner or operator has demonstrated and the municipality concurs that decommissioning has been satisfactorily completed, or upon written approval of the municipality in order to implement the decommissioning plan. H-11 Solar Energy System. Solar energy systems include any solar collector or other solar energy device, or any structural design feature whose primary purpose is to provide for the collection, storage, and distribution of solar energy for space heating or cooling, for water heating or for electricity generation that may be mounted on a building or on the ground and is not the primary use of the property. Solar energy systems may include solar panels which, for purposes of this section, are structures containing one or more receptive cells, the purpose of which is to convert solar energy into usable electrical energy by way of a solar energy system. Solar energy systems may be installed as ground arrays or roof mounted. The following requirements shall apply, as applicable, to solar energy systems: (a) (b) The solar energy system shall conform to the area and dimensional regulations of the zoning district in which the solar energy system is installed. All components of the system shall be considered impervious and considered as such in the calculation of the maximum impervious coverage. Impervious coverage for solar panels/collectors shall be 13-45

126 measured when oriented at the absolute maximum horizontal plane. (c) (d) No adjacent property owner shall be required to remove or cut any plant, bush, crop, or tree nor shall any solar energy system be located so that any reflection is directed toward an adjoining property. Ground mounted systems shall not be permitted in a front yard. (e) A ground mounted system may not exceed a height of fifteen (15) feet above the ground when oriented at maximum tilt. (f) (g) (h) (i) (j) (k) Permitted roof-mounted solar panels shall not exceed a height of three (3) feet from the rooftop at any point; shall not project vertically above the peak of a sloped roof or project vertically more than five(5) feet above a flat roof installation; and shall not exceed the maximum height requirements for the district in which it is located. The collector surface and mounting devices for roof-mounted accessory solar energy systems shall not extend beyond the exterior perimeter of the building on which the system is mounted or built. Exterior piping for solar hot water systems shall be permitted to extend beyond the perimeter of the building on side and/or rear yard exposures only. The installation of a solar energy system shall conform to the extent applicable, to the Pennsylvania Uniform Construction Code, as amended, regulations, if any, adopted by the Pennsylvania Department of Labor and Industry, and to applicable industry standards, including those of the American National Standards Institute. Manufacturer s data and certificates of design compliance shall be submitted with the zoning permit and plans. All wiring shall comply with the applicable version of the National Electric Code (NEC). The local utility provider shall be contacted by the owner to determine grid interconnection and net metering policies. Solar energy systems shall not be used for displaying any advertising except for reasonable identification of the manufacturer or operator of the system. In no case shall any identification be visible from the property line. The design of solar energy systems shall, to the extent reasonably possible, use materials, colors, textures, screening, and landscaping that will blend the facility into the natural setting and existing environment

127 (l) (m) (n) Mechanical equipment associated with and necessary for the operation of the solar energy system shall be screened from any adjacent property that is residentially zoned or used for residential purposes. The screen shall consist of shrubbery, trees, or other plant materials that provide a visual screen. All solar energy system operators/owners must comply with any and all federal, state, and local regulations pertaining to solar energy and its collection for personal use. If any of the requirements herein conflict with federal and/or state requirements then the federal and/or state requirements shall govern unless the requirements of this ordinance are more stringent in which case this ordinance shall govern

128 ARTICLE 14 - ENVIRONMENTAL AND PERFORMANCE STANDARDS Performance and environmental impacts - No building, structure or land use within the Borough shall be used or occupied in any manner that creates any dangerous, injurious, noxious or otherwise objectionable condition; fire, explosive or other hazard; noise or vibration; smoke, dust, odor or other form of air pollution; heat, electromagnetic or other radiation or other condition in such manner or in such amount as to affect adversely the reasonable use or value of the surrounding area of adjoining premises or be dangerous to public health or safety. A. Radioactivity - Activities which may emit radioactivity shall comply with regulations of the Pennsylvania Department of Environmental Protection, Division of Radiology, and the Federal Nuclear Regulatory Commission. B. Heat - Activities which employ the use of heat or produce heat as a product or by-product of said activity shall be so located and/or buffered to prohibit a raise in temperature of 2º F at the lot line. C. Glare. (1) No direct glare shall be permitted, with the following exceptions: (i) (ii) Parking areas and walkways may be illuminated by luminaries so hooded or shielded that the maximum angle of the cone of direct illumination shall be 60º drawn perpendicular to the ground. Such luminaries shall be placed not more than 16 feet above the ground level, and the maximum illumination at ground level shall not be in excess of three footcandles at 30 feet, horizontally measured, from the light source. A luminary less than four feet above the ground may have a cone angle of 90º. (2) The total of any and all direct glare and indirect glare (produced by illuminating a reflecting surface) shall not exceed 0.3 footcandle instantaneous maximum measurement or 0.1 footcandle average measurement at any side or rear lot line. (3) Deliberately induced sky-reflected glare, as by casting a beam upward for advertising purposes, is specifically prohibited. D. Noise. Refer to Chapter 130: Noise of Wilson Borough s Code of Ordinances. 14-1

129 E. Smoke, dust, etc. - The air-pollution control regulations promulgated by the Air Pollution Control Act of January 9, 1960, P.L. 2119, as amended (35 P.S et seq.), shall be used to control the emissions of dust, dirt, smoke, vapors, gases and odors. (These regulations are part of Title 25, Rules and Regulations, Department of Environmental Protection, Subpart C, Protection of Natural Resources, Article III, Air Resources.) F. Vibration. No vibration shall be produced which is transmitted through the ground and is discernible without the aid of instruments at or beyond any lot line; nor shall any vibration produced exceed g peak at up to 50 cycles per second (cps) frequency, measured at or beyond the lot line using either seismic or electronic vibration-measuring equipment. (1) Vibrations occurring at higher than 50 cps frequency or aperiodic vibrations shall not induce acceleration exceeding.001 g. (2) Single impulse aperiodic vibrations occurring at an average interval greater than five minutes shall not induce accelerations exceeding.01 g. G. Storage of hazardous and toxic substances. (1) The following regulations shall apply to the storage of hazardous and toxic materials and the disposal of said materials. Hazardous and toxic materials include but are not limited to the following: (i) Acetone. (ii) Ammonia. (iii) Benzene. (iv) Calcium carbide. (v) Carbon disulfide. (vi) Celluloid. (vii) Chlorine. (viii) Hydrochloric acid. (ix) Hydrocyanic acid. (x) Magnesium. (xi) Nitric acid and oxides of nitrogen. (xii) Petroleum products (gasoline, fuel oil, etc.). (xiii) Phosphorus. (xiv) Potassium. (xv) Sodium. (xvi) Sulfur and sulfur products. (xvii) Pesticides (including insecticides, fungicides and rodenticides). (xviii) Radioactive substances, insofar as such substances are not otherwise regulated. 14-2

130 (2) Impoundments containing toxic substances are not permitted. (3) Storage and handling areas for toxic and hazardous substances must have impermeable surfaces designed to contain material and direct it to a predetermined collection point. (4) Storage and handling facilities for hazardous and toxic substances should not be sited within 300 feet of a public or private water supply. (5) Any use requiring the maintenance of a supply of more than 110 gallons or other comparable volume of any toxic or hazardous substances on the premises or which will involve the production, storage or use of any amount of radioactive substance shall be inventoried, and the inventory shall be submitted to the Borough Manager. In addition, spill contingency plans acceptable to the Borough Manager, Police Chief and fire companies shall be developed and kept on file in the offices of the above-cited officers and agencies. (6) At least two groundwater monitoring devices are required for all facilities handling toxic or hazardous substances. (7) Impervious liners and all-weather coverings are to be installed at all road-deicing salt facilities. H. Storage of chemicals - The following regulations shall apply to all chemicals: (1) No underground or subsurface storage of chemicals, either gas, liquid or solids, shall be permitted in any district, except for underground storage of petroleum products as regulated by the state police and/or other state or federal regulatory agency. (2) No aboveground or surface storage of chemicals, either gas, liquid or solids, in any quantity in excess of 20 cubic feet in volume shall be stored or maintained within 300 feet of a residential district boundary or within 300 feet of a residential dwelling, except for the following: (i) Chemicals such as heating oil or propane, which may be required for the normal heating and cooling of a building, and fire-suppression chemicals. (ii) Printing supplies, photographic developing chemicals, janitorial chemicals and lawn and agricultural fertilizers in a quantity not to exceed 40 cubic feet. 14-3

131 (iii) Aboveground tanks for storage of fuel oil for use by the property owner for: farm-related equipment; trucks or automobiles; emergency equipment; and/or recreational equipment or vehicles. (3) All storage and waste disposal shall conform to all existing municipal fire prevention code and state and federal regulations. I. Storage of wastes. (1) No materials or wastes shall be deposited upon a lot in such form or manner that they may be transferred off the lot by natural causes or forces; nor shall any substance which can contaminate a stream, watercourse or groundwater system or otherwise render such stream, watercourse or groundwater undesirable as a source of water supply or recreation or which will destroy aquatic life be allowed to enter any streams or watercourse. (2) All materials or wastes which might cause fumes or dust or which constitute a fire hazard or which may be edible or otherwise attractive to rodents or insects shall be stored outdoors only if enclosed in containers which are adequate to eliminate such hazards. (3) Storage and waste disposal facilities of commercial, industrial, institutional or multifamily uses shall be screened Traffic impact requirements - All development projects will be evaluated by the Zoning Officer to determine the level of traffic impact on the Borough. This will apply to all new projects or uses proposed or to any expansion of an existing development, which is proposed after the effective date of this Ordinance. The level of traffic impact will be based on the estimated trip ends generated by the proposed uses in the project. "Trip ends" are defined as the total number of trips entering and leaving a specific land use or uses located in a project per day. These trip ends will be based on the estimated trip generation rates for various types of land uses based on the latest edition of the publication entitled "Trip Generation, An Information Report," published by the Institute of Transportation Engineers. A. Determination of major traffic impact - Any development which has an estimated average daily traffic (or daily trip ends per day) in excess of 1,000 shall be considered to have a major traffic impact. 14-4

132 B. Special exceptions - All major traffic impact projects shall be considered to be special exceptions, as defined herein, even if they are listed as permitted uses in Section 1303, and all procedures applicable to special exceptions shall apply to zoning applications for such projects. C. If any project is proposed after the date of adoption of this Ordinance which does not have a major traffic impact, as defined herein, and a later or subsequent addition to that project is proposed within 10 years of the initial project, then the cumulative effect of all separate submissions shall be used, regardless of any changes in ownership which may take place over the time period under consideration. This shall apply to major shopping centers, medical centers, hospital expansion, apartment complexes, planned cluster residential developments or any other use proposed under this Ordinance. D. The developer shall identify all subsequent phases of a project at the time of submission of the initial phase. E. Phased projects - In the event that a project is to be phased over a period of time, not exceeding 10 years, the total traffic impact for the entire period of phasing shall be used in determining the traffic impact. F. Requirements for projects having a major traffic impact. All projects which are determined to have a major traffic impact shall comply with the following: (1) Compliance with the site plan review procedures set forth in Section 201. (2) All such projects shall have direct access to an arterial road or to a collector road in the Borough as identified in the Comprehensive Plan. In lieu of such access, the developer shall provide a project road which is capable of handling the level of traffic to be generated and which is proposed for development by the developer to collector or major road standards, as established by the Borough, from the project site to the closest existing collector or arterial road. (3) All such projects shall comply with the parking and loading requirements set forth in Article 16. G. Major traffic impact study. A major traffic impact study shall include at least the following: (1) All projects which have an estimated average daily traffic (ADT) exceeding 1,000 vehicles per day shall be required to submit a traffic impact study prepared by a competent 14-5

133 authority. The requirements for such a study are set forth below. (2) Identification of all major roads and intersections serving and substantially impacted by the project. (3) An analysis of how the proposed project users or residents will use these major roads. (4) Existing traffic conditions (without the proposed project), including traffic volumes (ADT) and peak hour volumes on the identified major roads, based on Pennsylvania Department of Transportation (PennDOT) information, surveys and trip generation rates. (In addition, commercial projects shall provide weekend traffic volume data at peak hours.) (5) Projected traffic conditions (without the project) based on trends in growth of traffic for ADT and peak hour volumes. (In addition, commercial projects shall provide weekend traffic volume data at peak hours.) (6) Estimates of traffic volumes (ADT), weekday peak hour volumes and weekend peak hour volumes after development of all stages of the project. (7) Highway and intersection traffic capacities and levels of service for sections 3, 4, and 5 above, as defined by the Highway Capacity Manual must be calculated. (8) Identification of existing and projected traffic problems on roads serving the project or substantially impacted by the project, including highway capacity deficiencies for the various roads and intersections involved. (9) Analysis of parking requirements and needs and the extent to which these needs are met by the project. (10) Solutions proposed by the developer to alleviate the identified problems and deficiencies and the proposed cost of these improvements. (11) Evaluation of impact of project on adjoining residential neighborhood areas. (12) Identification and analysis of high accident areas located in proximity to the project, as identified by the Borough, and the effect which the proposed project will have on the high accident areas and locations. 14-6

134 (13) The competent authority responsible for preparing the major traffic impact study shall certify to the following: (i) (ii) (iii) (iv) That in the preparation of the study, the applicable Comprehensive Plan and any pertinent Borough or other traffic or transportation plan or study, as identified by the Borough, has been considered in the preparation of the major impact study. That the competent authority has consulted with and received information pertaining to the streets and traffic data and projections from PennDOT and from the Lehigh Valley Planning Commission. That in the professional opinion of the competent authority, the completed major traffic impact study is a true and accurate study which has given adequate consideration to available information and includes reasonable projections and analysis to the factors considered and that the study represents the best opinion of the competent authority on the traffic and parking impact of the proposed development. That, if it has not been possible to fully analyze all relevant factors, then those factors not analyzed shall be identified, together with the reasons for their exclusion from the study. The major traffic impact study shall be reviewed by the Planning Commission and a recommendation made to the Zoning Hearing Board in accordance with the special exception procedures and requirements established herein. The Planning Commission and/or Zoning Hearing Board may request additional data or information to clarify the findings set forth in said study. The Board shall not approve any such special exception if it determines that any traffic or parking problem to be created by the proposed development cannot be adequately alleviated by the developer. H. The applicant or developer, as determined by the Borough, will be responsible for the guaranty of payment for the proportionate share of all traffic control devices or for the construction of public facilities applicable to the proposed development which are required as a result of the traffic impact generated by the proposed development project. 14-7

135 1402. Environmentally sensitive areas. All areas in the Borough may be proposed for development in accordance with the requirements set forth in this Ordinance and Zoning Map. Such areas may also be subject to special environmental or hazardous conditions or other site problems, which require a special consideration and conformance with special regulations required to protect the public health, safety and welfare. Areas of the Borough, which are subject to the following special conditions and problems shall conform with the following additional requirements. A. Floodplains. (1) General provisions. (a) (b) (c) The "Floodplain Area" shall be those areas expected to be subject to the "100-Year Flood", as shown on the Flood Insurance Rate Map (FIRM) which accompanies the Flood Insurance Study (FIS) prepared for the Borough by the Federal Emergency Management Agency (FEMA), dated February 20, 1987, or the most recent official Federal revision thereof. Such mapping and study shall be known as the "Federal Floodplain Map." The referenced FIS is declared to be part of this Ordinance and shall be kept at the Wilson Borough offices. No development shall be undertaken, no structure or land shall hereafter be used; no structure shall be located, relocated, constructed, reconstructed, enlarged or structurally altered; and no area shall be developed, graded, filled or excavated in any Flood Hazard District except in full compliance with the terms and provisions of this Ordinance and any other applicable ordinances and regulations. Failure to comply with the provisions of this section is a violation of the Wilson Borough Zoning Ordinance and the Borough may proceed with Court Action and/or issue a declaration of violation, under Section 1316 of the National Flood Insurance Act of 1968 to the Federal Emergency Management Agency to deny flood insurance on the property in violation. The effects of having a Section 1316 violation are non-availability of flood insurance for any buildings, possible reduction of market value, risk of damage without compensation, possible mortgage foreclosure, and denial of disaster assistance for repair of structural damage. 14-8

136 (d) Warning and Disclaimer of Liability. (i) (ii) The degree of flood protection sought by the provisions of this Ordinance is considered reasonable for regulatory purposes and is based on acceptable engineering methods of study. Larger floods may occur on rare occasions. Flood heights may be increased by man-made or natural causes such as ice jams and bridge openings restricted by debris. This Ordinance does not imply that areas outside the identified floodplain or that land uses permitted within a floodplain area will be free from flooding or flood damages. This Ordinance shall not create liability on the part of Wilson Borough or any officer or employee thereof for any flood damages that result from reliance on this Ordinance or any administrative decision lawfully made hereunder. (e) (f) No encroachment, land development, improvement or reconstruction of any kind shall be made to any watercourse until all adjacent municipalities which may be affected by such action have been notified by the Borough, and until all required permits or approvals have been first obtained from the Department of Environmental Protection Regional Office. In addition, the Federal Emergency Management Agency and the Pennsylvania Department of Community and Economic Development (DCED) shall be notified prior to any alteration or relocation of any watercourse. Any new construction, uses, activities or land development occurring within the floodplain shall be undertaken only in strict compliance with the provisions of this Article and with all other applicable codes, ordinances and regulations including the UCC, as amended and the Wilson Borough Subdivision and Land Development Ordinance. (g) Under no circumstances shall any new construction, uses, activity and/or land development adversely affect the capacity of the channels or floodways of any watercourse, drainage ditch or any other drainage facility or system. 14-9

137 (h) (i) Any new construction and/or land development, with the exception of redevelopment projects, that would cause any increase in the base flood elevation shall be prohibited. New construction, development or redevelopment in the Floodway Area is prohibited. (2) Identification and establishment of floodplain areas. The floodplain area may consist of the following specific areas: (a) (b) (c) The Floodway Area (FW) - The areas identified as Floodway in the AE Zone in the Flood Insurance Study prepared by FEMA. The term shall also include floodway areas which have been identified in other available studies or sources of information for those floodplain areas where no floodway has been identified in the Flood Insurance Study. Such studies, analyses, computations, etc., shall be submitted in sufficient detail to allow a thorough technical review by the Borough. The Flood-Fringe Area (FF) - The portion of the AE Zone not included in the Floodway. The basis for the outermost boundary of this area shall be the base flood elevations shown in the flood profiles contained in the Flood Insurance Study. The General Floodplain Area (FA) - The areas identified as A Zone in the Flood Insurance Study for which no base flood elevations have been provided or areas subject to flooding defined by one of the following methods: (i) (ii) Soils identified with potential for flooding, as described and mapped by the United States Department of Agriculture; Hydrologic and hydraulic analyses undertaken only by professional engineers or others of demonstrated qualifications, who shall certify that the technical methods reflect accepted technical concepts. Such studies, analyses, computations, etc., shall be submitted in sufficient detail to allow a thorough technical review by the Borough. (d) An initial determination shall be made by the Zoning Officer should a dispute concerning any floodplain boundary arise. Any party aggrieved by this decision may appeal to the Zoning Hearing 14-10

138 Board under the provisions of this Ordinance. The burden of proof is on the appellant. (e) The delineation of the floodplain area may be revised by the Borough where natural or man-made changes have occurred and/or where more detailed studies have been conducted or undertaken by FEMA, U. S. Army Corps of Engineers or other qualified agency, or an individual. However, prior to any such change, approval must be obtained from FEMA. (3) Nonconforming uses and structures in the floodplain. A structure or use of a structure or premise which lawfully existed before the enactment of these provisions, but which is not in conformity with those provisions, shall be subject to the requirements of this Section. (4) Permitted uses and development. The following uses and activities are permitted in the FF or FA areas provided they are in compliance with the provisions of the zoning district in which the use or activity is located and are not prohibited by any other ordinance: (a) Agriculture, horticulture, and forestry that: (i) (ii) (iii) Do not include any structures; Do not require grading which would cause any increase in flood heights or frequency; Are conducted in accord with recognized soil conservation and water quality practices; (b) (c) (d) Public and private recreational uses and activities, limited to parks, day camps, picnic grounds, boat launching and swimming areas, hiking and horseback riding trails, wildlife and nature preserves, game farms, fish hatcheries, and hunting and fishing areas; Accessory uses, including yard areas, gardens, play areas and parking areas, provided that no structures are erected, and no impervious surfaces are created; Redevelopment projects that: (i) Do not include residential structures or critical facilities; 14-11

139 (ii) (iii) (iv) (v) (vi) Do not include prohibited uses listed below; Are consistent with the goals and objectives of the Comprehensive Plan; Are permitted in the applicable zoning district; Are elevated to regulatory flood elevation and in full compliance with the floodproofing requirements in the Borough Building Code as amended; Include a document, certified by a registered professional engineer which states that the proposed construction or development has been adequately designed to withstand the pressures, velocities, impact and uplift forces associated with the 100-year flood. Such statement shall include a the lowest floor elevation of all proposed structures, the elevation of the 100-year flood, and the type and extent of flood proofing measures which have been incorporated into the design of all proposed structures and/or the development. (e) (f) (g) (h) The repair or expansion of riparian buffers; Floodproofing to protect only lawfully existing nonconforming structures and lawfully existing nonconforming uses within structures. Fences and temporary protective fencing that do not impede floodwaters; Dams, culverts, bridges, and altered or relocated watercourses with permits and/or approvals from the PA Department of Environmental Protection, PA Public Utility Commission, and/or US Army Corps of Engineers. Furthermore, notification of such actions shall be provided to all affected adjoining municipalities, FEMA and the Pennsylvania DCED; (i) Public utility facilities under the exclusive jurisdiction of the Pennsylvania Public Utility Commission. (5) Prohibited uses and development. The following uses are prohibited from locating within the floodplain area: (a) All uses prohibited in the zoning district; 14-12

140 (b) New construction, development or redevelopment in the FW area; (c) All structures, with the exception of those specifically allowed in Section 1402.A(4); (d) (e) (f) (g) The production, storage, or use of any amount of radioactive substances; The production, storage or use of a substance or material, underground or aboveground, that is buoyant, Flammable, explosive, or injurious to property, water quality or human, animal, plant, fish or aquatic life Including but not limited to the following: (i) (ii) (iii) (iv) (v) (vi) (vii) (viii) (ix) (x) (xi) (xii) (xiii) (xiv) (xv) (xvi) Acetone Ammonia Benzene Calcium carbide Carbon disulfide Celluloid Chlorine Hydrochloric acid Hydrocyanic acid Magnesium Nitric acid and oxides of nitrogen Petroleum products (gasoline, fuel oil, etc.) Phosphorus Potassium Sodium Sulphur and sulphur products 14-13

141 (xvii) Pesticides (including insecticides, fungicides, and rodenticides) (xviii) Radioactive substances, insofar as such substances are not otherwise regulated; (h) (i) (j) (k) (l) (m) (n) (o) The production, storage or use of explosives; The storage or disposal of materials used for snow and ice control including sand, salt and other deicing chemicals; Sanitary landfills, dumps, junk and salvage yards, and outdoor storage of vehicles and/or materials; The storage or disposal of any soil, loam, peat, sand, gravel, rock, or other mineral substance, refuse, trash, rubbish, debris, or dredged/excavated spoil; Draining, excavation, or dredging, or removal or relocation of loam, peat, sand, gravel, soil, rock, or other mineral substance, except as accessory to work permitted as of right or by special permit; Manure storage facilities and manure stockpiles; Improvements to existing manufactured home parks and subdivisions; Sewage disposal facilities; (6) Existing structures in floodplains. (a) (b) (c) No improvement or reconstruction of an existing structure shall be allowed within any FW area as identified by the Flood Insurance Study prepared by FEMA or other available studies or sources of information found acceptable by the Borough and approved by FEMA. No improvement of an existing structure shall be allowed within any FF or FA area that would, together with all other existing and anticipated development, increase the base flood elevation more than one (1) foot at any point. The improvement or reconstruction of existing structures that store materials that are buoyant, flammable, explosive, or injurious to property, water 14-14

142 quality or human, animal, plant, fish or aquatic life shall be prohibited in floodplains. (d) Existing structures in the FF and FA areas are defined and regulated as follows: (i) (ii) INTACT STRUCTURES - Any improvement to an existing intact structure, to an extent ten (10) percent or more of its market value, shall be undertaken only in full compliance with the floodproofing requirements in the UCC and ICC as amended. PARTIALLY DAMAGED STRUCTURES - Any improvement or reconstruction to an existing partially damaged structure shall be undertaken only in full compliance with the floodproofing requirements in the UCC and ICC, as amended. (iii) SUBSTANTIALLY DAMAGED STRUCTURES - Any improvement or reconstruction to a substantially damaged structure shall be in full compliance with the floodproofing requirements in the UCC and ICC, as amended, and shall have the lowest floor, including basement, elevated to Flood Protection Elevation. (iv) REPETITIVE LOSS STRUCTURES - An improvement to a repetitive loss structure to an extent ten (10) percent or more of its market value of the intact structure shall be prohibited. Any permitted improvement to a repetitive loss structure shall be in full compliance with the floodproofing requirements of the UCC and ICC, as amended, and shall have the lowest floor, including basement, elevated to Flood Protection Elevation. The reconstruction of a repetitive loss structure shall be in full compliance with the UCC and ICC, as amended, and shall have the lowest floor, including basement, elevated to Flood Protection Elevation. (v) SEVERE REPETITIVE LOSS STRUCTURES - An improvement to a severe repetitive loss structure to an extent five (5) percent or more of its market value as an intact structure shall be prohibited. Any permitted improvement to a severe repetitive loss structure shall be in full compliance with the floodproofing requirements 14-15

143 of the UCC and ICC as amended, and shall have the lowest floor, including basement, elevated to Flood Protection Elevation. The reconstruction of a severe repetitive loss structure shall be i) in full compliance with the UCC and ICC, as amended; shall ii) have the lowest floor, including basement, elevated to Flood Protection Elevation and iii) the applicant shall provide documentation from the Borough, the State of Pennsylvania and the Federal Emergency Management Agency that states Wilson Borough, the State of Pennsylvania or FEMA will not acquire the property for the purposes of flood mitigation prior to the reconstruction of the structure. (e) The cost of improvements or reconstruction commenced since the adoption of this ordinance must be calculated at today s current cost. (f) (g) It is the responsibility of the applicant to supply the information necessary (e.g. appraisals, construction costs, estimates, etc. to make the determination that the market value is reasonably accurate and that the cost estimate reasonably reflects the actual costs of the improvements to the structure. Acceptable estimates of market value shall be determined from one of the following methods: independent appraisals by a state licensed real estate appraiser; or the value of the building taken from NFIP claims data. (7) Building and zoning permits. (a) (b) Building and zoning permits shall be required for all proposed development, construction, reconstruction, placement, improvement of uses or structures, regardless of value and activities such as mining, dredging, grading, logging, paving, excavation or drilling operations. The requirements of the UCC and ICC, as amended, shall apply to this Section. (8) Floodplain variances. (a) General. If compliance with any of the requirements of this Ordinance would result in an exceptional hardship for a prospective builder, developer or landowner, the Zoning Hearing Board may, upon 14-16

144 request, grant relief from the strict application of the requirements. (b) Variance Procedures and Requirements. Requests for variances shall be considered by the Board in accordance with this Ordinance and with the following: (i) No variance shall be granted for any construction, development, use or activity within any floodplain or floodway area that would cause any increase in the base flood elevation. (ii) (iii) (iv) (v) No variance shall be granted for any of the prohibited uses or activities in Section 1402.A(5) to locate in the floodplain. If granted, a variance shall involve only the least modification necessary to provide relief. In granting any variance, the Board shall attach whatever reasonable conditions and safeguards they consider necessary in order to protect the public health, safety and welfare and to achieve the objectives of this Ordinance. A complete record of all variance requests and related actions shall be maintained by the Board. In addition, a report of all variances granted during the year shall be included in the annual report to the Federal Emergency Management Agency. (c) Review Factors. In reviewing applications for a variance, the Board shall consider all relevant factors and procedures specified in other Articles of this Ordinance and: (i) (ii) (iii) The danger to life and property due to increased flood heights or velocities caused by encroachments. The danger that materials may be swept on to other lands or downstream to the injury of others. The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination and unsanitary conditions

145 (iv) (v) (vi) (vii) (viii) (ix) (x) (xi) The susceptibility of the proposed use and its contents to flood damage and the effect of such damage on the individual owners. The importance of the services provided by the proposed use to the community. The requirements of the use for a waterfront location. The availability of alternative locations not subject to flooding for the proposed use. The compatibility of the proposed use with existing development and development anticipated in the foreseeable future. The relationship of the proposed use to the Comprehensive Plan and the Borough stormwater management objectives and regulations. The safety of access to the property in times of flood of ordinary and emergency vehicles. The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters expected at the site. (xii) The requirements of the National Flood Insurance Program Regulations, Part 59: General Provisions, and Part 60: Criteria for Land Management and Use. (xiii) Such other factors which are relevant to the purposes of this Ordinance. (d) Supplemental Technical Review. The Board may refer any application and accompanying documentation pertaining to any request for a variance to any engineer or other qualified person or agency for technical assistance and/or all hydrologic and hydraulic analysis. B. Wetland areas. (1) Purpose. To encourage the preservation of wetlands to protect the quantity and quality of surface and groundwaters, to control flooding, to prevent erosion and sedimentation and to protect extremely important habitats and food sources for wildlife, birds and aquatic life

146 (2) Permits. (a) (b) (c) All permits of Wilson Borough are issued with the condition that Federal and State wetlands regulations be complied with. Where the Zoning Officer or Borough Engineer determine that there is evidence that there may be indicators of a wetland on a proposed development site, the Zoning Officer may suspend, withdraw or delay Borough Zoning Permits until the applicant provides evidence from a qualified professional that such site does not contain wetlands or that such action will comply with applicable Federal and State permit requirements. If a proposed development site does not include any wetlands based upon established indicators and Federal and State regulations, then the applicant shall provide a written statement to such effect. (3) Wetlands Identification and Notification. (a) (b) Those areas of lands defined as wetlands in either the United States Army Corps of Engineers Technical Report Y87-1, Corps of Engineers Wetlands Delineation Manual; or the United States Environmental Protection Agency Wetlands Identification Delineation Manual, Volume I, Rational, Wetland Parameters, and Overview of Jurisdictional Approach, Volume II, Field Methodology, as most recently updated or modified; or the Pennsylvania Department of Environmental Resources Wetlands Identification and Delineation, Chapter 105, Dam Safety and Waterways Management Rules and Regulations, as most recently updated or modified. Where a difference between the foregoing criteria exist; the most restrictive criteria will be used in any particular case. For the purposes of this definition and for its application to this chapter, most restrictive criteria shall mean the criteria which causes the preservation of the most extensive area of wetlands. If any building, structure, use, subdivision, land development or grading is proposed to occur within any lands believed to be any type of wetland, the applicant shall clearly state such information on any 14-19

147 permit, subdivision or land development application and site plan submitted to the Borough, and shall notify in writing the appropriate district offices of the U.S. Army Corps of Engineers and the PA. Department of Environmental Protection. (4) Determination of Wetlands. (a) The following activities shall not occur within any area shown as wetlands, which may be amended by resolution, unless a determination has been made by a qualified person trained in wetlands determination that such area is not a wetland: (i) Construction or enlargement of a building, (ii) Filling or draining of an area, (iii) Final subdivision of a lot which would require alteration of the wetland area in order for construction to reasonably occur. (b) (c) All determinations of wetlands shall be subject to acceptance by the appropriate State or Federal officials. The applicant shall be responsible for all costs and work involved in determining any wetland and in seeking any Federal or State review or approvals. (5) Usable Lot Area. A lot must contain a contiguous area in an amount of at least 75 percent of the required minimum lot area which is not in wetlands. (6) Responsibility. All applicants are put on notice that it is their responsibility to make sure that Federal and State regulations are complied with. Federal law may require that a wetland that is altered be later returned to a wetland, which may require demolition of buildings. C. Riparian and wetland buffers. This section shall apply to all lands within the Borough that are adjacent to a watercourse or wetland. (1) General design standards. (a) (b) For sites where riparian buffer vegetation does not exist, it is acceptable to allow the buffer to succeed naturally through a no-mow area where native vegetation is able to establish itself naturally. The riparian buffer shall be: 14-20

148 (i) Seventy-five feet from the top of the streambank of a watercourse, (ii) Seventy-five feet from the outer edge of a wetland. (c) (d) Principal structures and areas of impervious coverage, unless permitted in Section 1402.C(2), shall be set back from the outer edge of the riparian buffer a minimum of twenty-five feet. It shall be lawful, but not required, to supplement the riparian buffer with planting of native vegetation. Native plants can include herbaceous cover, ferns, shrubs and trees. Native vegetation (as defined in The Plants of Pennsylvania: An Illustrated Manual, (Ann Fowler Rhoads and Timothy A. Block, June 2000 or current version thereof) and The Trees of Pennsylvania: A Complete Reference Guide (Ann Fowler Rhoads and Timothy A. Block, May 2004 or current version thereof) must be used in such efforts. Any supplemental plantings shall be installed to allow for proper plant growth and maintenance. (2) Permitted uses or activities. (a) (b) (c) (d) (e) Roads, bridges, trails, storm drainage, stormwater management facilities and utilities are permitted within the buffer provided that an alternative analysis has clearly demonstrated that no other feasible alternative exists and that minimal disturbance will take place. Stream restoration projects and activities approved by the Borough. Horticulture practices used to maintain the health of vegetation in the riparian buffer. Removal of non-native vegetation or trees in danger of falling, causing damage to dwellings or other structures, or the blockage of a watercourse. Agricultural uses existing at the time of adoption of this article with best management practices. (3) Prohibited uses or activities. (a) All structures

149 (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) (l) (m) (n) (o) (p) Impervious coverage unless permitted in Section 1402.C(2). Creation of new lawn areas. Lawn care service. Planting of non-native vegetation. Removal, burning or mowing of native vegetation. Soil disturbance, inclusive of grading, stripping of topsoil, plowing, cultivating or other practices. Septic systems. The production, storage or use of a substance or material, underground or aboveground, that is buoyant, flammable, explosive, or injurious to property, water quality, or human, animal, plant, fish or aquatic life. The production, storage or use of explosives. The storage or disposal of materials used for snow and ice control including sand, salt and other deicing chemicals. Sanitary landfills, dumps, junk and salvage yards, and outdoor storage of vehicles and/or materials. The storage or disposal of any soil, loam, peat, sand, gravel, rock, or other mineral substance, refuse, trash, rubbish, debris, or dredged/excavated spoil. Draining, excavating, or dredging, or removal or relocation of loam, peat, sand, gravel, soil, rock, or other mineral substance, except as accessory to work permitted as of right or by special permit. Manure storage facilities and manure stockpiles. The maintenance, housing or grazing of animals. (4) Boundary determination. The developer, applicant, property owner or designated representative shall be responsible for the initial width determination of the riparian corridor and identifying this area on any plan that is submitted to the municipality for subdivision, land development, or other improvements that require plan 14-22

150 submissions or permits. This determination shall be subject to review by the Zoning Officer. (5) Variances. Applications filed with the ZHB shall contain the basis for the appeal of the Zoning Officer or Engineer s decision and a description of the relief requested. Plans submitted shall be prepared by a licensed professional acceptable to the ZHB and shall include the following: (a) Location of streams, ponds or other water resources on the property to be developed; (b) (c) (d) Species, location and size of trees within the riparian buffer setback; Location of any proposed building or structure; and Any other information deemed relevant by the ZHB. In addition to these standards and criteria, the following shall be considered by the ZHB in rendering affirmative decisions where applicable: (a) (b) A showing of good and sufficient cause. Whether strict application of this article would deny the applicant reasonable use of the property, or whether the article would have severe impact and would render the property unusable or unsuitable for development. (c) Whether plan modifications or conditions of approval can achieve conservation objectives of this article. (d) That the relief granted is the minimum necessary and does not conflict with any municipal, state or federal regulations. D. Groundwater aquifers and recharge areas. Definitions. GROUNDWATER Replenished or recharged by the rain or snow that falls on the land. GROUNDWATER AQUIFERS Permeable saturated underground formations of rock, sand or gravel. RECHARGE AREAS Land surface areas through which groundwater enters the earth

151 Special requirements for groundwater protection. Any proposed land use which may directly, by means of effluent discharge into the ground, or indirectly, through the leaching of stored materials, result in the pollution of the groundwater shall be prohibited in the aquifer outcrops and/or recharge areas. The determination of such hazards shall be made by the appropriate state agency and/or a qualified sanitary engineer recognized by the Board. E. River, streams, ponds and lakes. Rivers, streams, lakes and ponds shall be left as permanent open space. No development, filling, piping or diverting shall be permitted except for required roads. Roads, where necessary, shall be designed to minimize disruption. This regulation also applies to wetlands. All developments shall protect rivers, streams, lakes and ponds from sedimentation and shall control erosion in accordance with the Pennsylvania Stream Law Act and PA DEP implementing regulations. No alteration of watercourses, whether by excavation, filling, grading, clearing, draining or otherwise, shall be made that affects the water levels or flow of such watercourses without careful review and study of the effect of such alteration and any related facilities on water recharge areas, water table levels, water pollution, aquatic animal and plant life, temperature change, drainage, flooding, runoff and erosion. Review and approval of such alteration shall be made by the Board in consultation with the County Conservation District and PA DEP. All development proposed within 100 feet of the normal stream bank of river or stream within the Borough or within 100 feet of any pond, reservoir or other water body in excess of 1/4 acre of water surface area shall be subject to special exception review by the Board. F. Steep slopes. (1) Purpose. The purpose of this Article is to provide for the reasonable use of steep slopes while ensuring development will not induce soil erosion, require excessive grading, or increase slope instability, and shall be in conformance with the following objectives: (a) Guard against property damage and personal injury, and minimize the potential for erosion, slope failure, stream siltation, increased runoff, flooding and contamination of surface waters caused by the adverse effects of site preparation and construction on steep slopes

152 (b) (c) (d) Permit land uses by right that are compatible with protection of steep slope areas, and encourage the use of steep slope areas for open space and conservation uses. Require development to avoid steep slope areas wherever possible, and require all land use, clearing, grading, and construction to satisfy development standards. Regulate expansion of land use or development that existed on steep slope areas prior to enactment of these requirements. (e) Protect adjoining properties from harmful consequences of development permitted under these requirements. (2) Identification and establishment of steep slopes. (a) Steep slopes are defined as those areas having slopes of 15% or greater. (b) The boundaries of steep slopes may be supplemented or modified by examination of one or more of the following sources by the Borough whenever a subdivision or land development plan is submitted for review: (i) Soil Survey of Lehigh/Northampton counties, Pennsylvania, USDA Soil Conservation Service. (ii) Contour maps prepared from aerial photography. (iii) On-site survey prepared by a Registered Professional Engineer or Surveyor. (c) (d) The Borough Engineer shall decide whether or not steep slopes have been shown accurately on the applicant s plans. Based on the Borough Engineer s advice, Wilson Borough may require applicants to revise the boundaries shown on the plans. The burden of proving the correct boundary shall be on the applicant, supported by engineering and/or surveying data or mapping, testimony of a soil scientist, or other acceptable evidence. (3) General provisions

153 (a) (b) (c) (d) (e) (f) (g) (h) These regulations apply to lots where the proposed land disturbing activity is greater than 5,000 square feet. All uses, activities and development occurring within any steep slope area shall be undertaken only in strict compliance with the provisions of this Article, with all federal and state laws, and with all other applicable Borough codes and ordinances. No building lot shall be created unless it contains at least 5,000 square feet of area with slopes less than 25%. If it is infeasible to provide this area in accordance with the setbacks required by the underlying district, the lot area shall be increased as necessary to provide a minimum area equal to 5,000 square feet of area with slopes less than 25%. Finished slopes of all cuts and fills shall not exceed thirty three (33) percent, unless the applicant can demonstrate that steeper slopes can be stabilized and maintained adequately to the satisfaction of the Borough. All cuts shall be supported by retaining walls or other appropriate retaining structures when, depending upon the nature of the soil characteristics, such structures are approved by the Municipal Engineer in order to prevent erosion. Any fill placed on the lot shall be properly stabilized and, when found necessary depending upon existing slopes and soil types, supported by retaining walls or other appropriate structures as approved by the Borough Engineer. No retaining wall shall exceed the height prescribed in this Ordinance, and there shall be at least 10 feet between stepped retaining walls. All retaining walls require a certification by a professional engineer that the wall was constructed in accordance with approved plans and applicable building codes. Any disturbance of steep slopes shall be completed within one construction season, and disturbed areas shall not be left bare and exposed during the winter and spring thaw periods. Permanent vegetative cover shall be planted within three days after completion of grading

154 (i) (j) (k) (l) No trees with a diameter at breast height (DBH) of eight (8) inches or more shall be removed from steep slope areas unless in accord with Section 1304.A.1 (Section of municipal zoning ordinance regulating forestry). The alignment of roads and driveways shall follow the natural topography, minimize regrading and comply with design standards for maximum grades set forth in the Wilson Borough Subdivision and Land Development Ordinance. The maximum grade of a road or driveway shall not exceed ten percent (10%). The degree of steep slope protection sought by the provisions of this Section is considered reasonable for regulatory purposes. This Section does not imply that steep slope areas less than 15% or permitted uses within the zoning district will be free from erosion or slope instability. This Section shall not create liability on the part of Wilson Borough or any officer or employee thereof for any damages that result from reliance on this Section or any administrative decision lawfully made hereunder. (4) Permitted uses and development on slopes of 15% but less than 25%. Open space and conservation uses are permitted by right on steep slopes, provided that they shall not include any structures, roads, driveways, parking areas, construction, or other development, or grading, or clearing of vegetation. (a) (b) (c) (d) Wildlife sanctuary, woodland preserve, arboretum, and passive park and recreation areas. Forestry and reforestation in accordance with recognized natural resource and soil conservation practices, and as permitted by municipal and state regulations. Pasture and grazing land in accordance with recognized natural resource and soil conservation practices. Outdoor plant nursery or orchard in accordance with recognized natural resource and soil conservation practices

155 (e) (f) (g) Cultivation and harvesting of crops in accordance with recognized natural resource and soil conservation practices. Front, side, or rear yards, and required lot area for any underlying zoning district, subject to the requirements of Section 1402.F(3) General Provisions, herein, and provided such yards shall not be used for any use prohibited under Section 1402.F(5), herein. Non-structural accessory uses necessary to the operation and maintenance of the above permitted uses. (5) Prohibited uses and development on slopes of 15% but less than 25%. The following uses are specifically prohibited on slopes of 15% but less than 25%: (a) (b) Removal of topsoil except when related to an approved conditional use. Solid waste disposal, recycling uses, junk yards, or other outdoor storage uses. (6) Conditional uses and development on slopes of 15% but less than 25%. (a) The following uses and activities may be permitted by Conditional Use provided that they are in compliance with the provisions of the zoning district and are not prohibited by any other Ordinance: (i) (ii) (iii) (iv) (v) (vi) Structures, roads, driveways, parking areas, construction or other development. Clearing of vegetation or grading, including the addition of fill. Sealed public water supply wells with approval of the Pennsylvania Department of Environmental Protection. Sanitary or storm sewers and stormwater detention basins with the approval of the Borough Engineer and the Department of Environmental Protection. On-lot sewage disposal systems, when approved by the Borough Sewage Enforcement Officer and/or the Pennsylvania Department of Environmental Protection. Utility transmission lines and above ground utility line structures unless upon petition of 14-28

156 a public utility corporation, the Pennsylvania Public Utility Commission shall, after a public hearing, decide that the present or proposed situation of the lines or structures in question is reasonably necessary for the convenience or welfare of the public. (vii) Extractive uses in accordance with recognized conservation practices and regulations of the state Department of Environmental Protection. (b) Applications for conditional uses shall provide the following information and documentation: (i) A plan by a Registered Professional Engineer or Surveyor which accurately locates the proposed use with respect to the steep slope boundaries, with all pertinent information describing the proposal, and a topographical survey with contour elevations at no greater than 2-foot intervals, where feasible. (ii) A plan of proposed development or use of the site, conforming to the preliminary plan requirements of the Subdivision and Land Development Ordinance, with contours shown at 2-foot intervals, where feasible, throughout the steep slope areas proposed for development or use. Contours shall be accurately drawn from on-site survey or aerial photographic sources. (iii) Proposed modifications to the existing topography and vegetative cover, as well as the means of accommodating stormwater runoff. (iv) Specifications for building construction and materials, including filling, grading, storage of materials, and water supply and sewerage facilities. (v) Documentation of any additional engineering and/or conservation techniques designed to alleviate environmental problems that may be created by the proposed activities, in compliance with municipal sedimentation and erosion control regulations. (vi) Written confirmation from the Wilson Borough Fire Department that emergency access is satisfactory to provide adequate fire protection

157 (7) Permitted uses and development on slopes of 25% or more. Open space and conservation uses are permitted by right on slopes of 25% or more, provided that they shall not include any structures, roads, driveways, parking areas, construction, or other development, or grading, or clearing of vegetation. (a) (b) (c) (d) (e) (f) (g) Wildlife sanctuary, woodland preserve, arboretum, and passive park and recreation areas. Forestry and reforestation in accordance with recognized natural resource and soil conservation practices, and as permitted by municipal and state regulations. Pasture and grazing land in accordance with recognized natural resource and soil conservation practices. Outdoor plant nursery or orchard in accordance with recognized natural resource and soil conservation practices. Cultivation and harvesting of crops in accordance with recognized natural resource and soil conservation practices. Front, side, or rear yards, and required lot area for any underlying zoning district, subject to the requirements of Section 1402.F(3) General Provisions, herein, and provided such yards shall not be used for any use prohibited under Section 1402.F(8), herein. Non-structural accessory uses necessary to the operation and maintenance of the above permitted uses. (8) Prohibited uses on slopes of 25% or more. The following uses are specifically prohibited on slopes of 25% or more: (a) (b) Removal of topsoil. Solid waste disposal, recycling uses, junk yards, or other outdoor storage uses. (c) Structures, roads, driveways, parking areas, construction or other development. (d) Clearing of vegetation or grading, including the addition of fill

158 (e) (f) (g) (h) (i) Sealed public water supply wells. Sanitary or storm sewers and stormwater detention basins. On-lot sewage disposal systems. Utility transmission lines and above ground utility line structures. Extractive uses. (9) Conditional use standards and criteria. In considering a conditional use application, the Borough Council shall consider the following: (a) (b) (c) (d) (e) (f) (g) Relationship of the proposed use to the objectives set forth in Section 1402.F(1). Adverse effects on abutting properties. The need for a woodland management plan on wooded steep slope areas. Proposed roads, driveways and parking areas are designed so that land clearing and/or grading will not cause accelerated erosion. Both vertical and horizontal alignment for such facilities shall be so designed that hazardous conditions are not created. Alternative placements on non-steep slope areas were carefully evaluated for structures, including buildings, retaining walls, swimming pools, roads, access driveways, parking facilities and other development, and can be shown to be inappropriate or infeasible to the satisfaction of the Borough. Proposed on-lot sewage disposal facilities are properly designed and constructed in conformity with applicable regulations. Proposed non-agricultural displacement of soil is for purposes consistent with the intent of this Article and will be executed in a manner that will not cause erosion or other unstable conditions. The applicant shall provide an erosion and sediment control plan and supporting evidence

159 (h) Surface runoff of water will not create unstable conditions, including erosion, and appropriate stormwater management facilities will be constructed as necessary. G. Carbonate areas. (1) A recognized professional with competence in the field of geology shall review aerial photographs, soils, geologic and other related data available, as the data relates to the subject property. The professional shall also conduct a site inspection of the property. (2) Based on the information acquired from Section 1402.G(1), the professional shall prepare a map of the site showing all karst features or feature indicators. The mapping shall indicate, but not be limited to, the following features: (a) (b) (c) (d) (e) closed depressions open sinkholes seasonal high water table indicators outcrops of bedrock surface drainage into ground (3) All buildings, structures, impervious surfaces and utilities shall be so situated, designed and constructed as to minimize the risk of structural damage from existing or future sinkholes. (4) The municipal engineer shall report to the governing body the capability of the site to support the proposed development in a manner in which the risks attendant to development in carbonate areas are either eliminated or minimized. Recommendations for site development including stormwater management, the layout of utility lines, and building location may be included. Additional studies or testing as deemed necessary by the municipal engineer in order to produce an adequate study given the scale of the proposed development and the hazards revealed may be required of the applicant. (5) Compliance with the above noted regulations represents no warranty, finding, guarantee, or assurance that a sinkhole will not occur on an approved property. The Borough, its agencies, consultants and employees assume no liability for any financial or other damages which may result from sinkhole activity

160 H. Stormwater runoff control. (1) Purpose. The purposes of stormwater runoff control are: To guide drainage and prevent increase in runoff on and off the site. To prevent destruction and loss of soils on and off the site from increased runoff. To prevent siltation of water bodies, watercourses and wet areas on and off the site and subsequent harm to or loss of aquatic plant and animal life. (2) Special requirements for stormwater runoff control. The owner/applicant shall comply with any stormwater management plan or ordinance which has been adopted by the Borough or County which is applicable to the proposed development. All developments shall limit stormwater runoff so that no more runoff is generated than that of the site in its current or natural condition. Use of one or more of such techniques as retention ponds, turfed swales, diversion ditches and energy dissipators shall be considered. The Borough Engineer or Code Enforcement Officer shall require the owner/applicant to provide a stormwater runoff control plan where site conditions warrant the preparation of such a plan. The plan shall be based on adequate topographic surveys, soil investigations and runoff projections. To the maximum extent possible, the following standards shall apply: The natural drainage patterns on and off site shall be used in their present state to the degree possible and protected from disturbance. Stormwater runoff shall be directed away from impervious surfaces and toward absorbent ground area. The plan shall minimize blockage, collapse or washout, street drainage or other hazards associated with drainage and spring runoff conditions. Connection shall be made to existing storm water runoff drainage systems, where possible. I. Other adverse conditions. Where other adverse environmental or hazardous conditions exist, the Borough Planning Commission 14-33

161 and Zoning Hearing Board shall establish suitable requirements to ensure the public health, safety or welfare Buffer Yard Requirements. A. Softening Buffers: A softening buffer is a mixed perimeter landscape planting intended to provide an informal separation between neighboring developments. It is not intended to be an impenetrable screen. Softening buffer yards shall comply with the following standards: (1) Refer to Table 1 for requirements in each zoning district or land use. (2) Where a softening buffer is required as per Table 1, a minimum twenty (20) foot wide softening buffer shall be required along rear and side lot lines. (3) The softening buffer area shall be used for no purpose other than planting of trees, shrubs and lawn to meet planting requirements and may include a wall or fence that meets the standards outlined in this Section. Any wall or fence shall be constructed in such a manner that it will not conflict with sight lines or conflict with the character of the abutting district. All softening buffer areas shall be kept free of trash, yard waste, and any other debris. (4) Existing Vegetation. In cases where preserved natural features existing on the site duplicate or essentially duplicate the planting requirements of this chapter, these requirements may be waived or amended by the Borough Council. (5) Within the buffer area, no slopes shall be steeper than one foot in height for each four feet in width (25%). (6) A softening buffer is not required where a screen buffer is provided. (7) Location: Softening buffers, when required, shall be aligned adjacent and parallel to property lines or right-ofway boundaries but may be sited on any position of the property if permitted by the Borough Council. Plant material used in the softening buffer shall be located within 20 feet of the property line or right-of-way lines and may be grouped informally. (8) Quantity: Four shade trees and eight deciduous, evergreen or semi-evergreen shrubs shall be included for each 100 feet of property perimeter. Up to 50% of required shade trees may be substituted with flowering trees, evergreen trees or shrubs at the rate of two flowering trees, two evergreen trees or 10 shrubs for every shade tree. (9) A naturalistic planting design with plants arranged in groups or clusters rather than symmetrically shall be 14-34

162 encouraged. All required plant materials shall be located within the buffer yard. Refer to Section 1502.F for a list of recommended plant material. (10) Not more than 20% of plants shall be evergreen. (11) All plant material used shall meet minimum size and other requirements as stated in Section 1502 Landscaping. (12) Buffer areas may be included as part of required front, side or rear yards. All buffer areas shall be maintained and kept clean of all debris and rubbish. (13) All landscaping required by this Ordinance shall be perpetually maintained by the property owner. Any landscaping needed to meet an Ordinance requirement that dies, is removed, or is severely damaged shall be replaced by the current property owner on a one-to-one basis as soon as is practical considering growing seasons, within a maximum of 150 days. (14) No buffer plants or structures in excess of two feet in height shall be erected in any sight triangle area. B. Screen Buffers: A screen buffer is a predominantly evergreen perimeter landscape planting intended to provide a formal, impenetrable visual screen. However, it is not intended to be a monocultural planting. Screen buffers shall comply with the following requirements: (1) All truck loading, outside storage areas, mechanical equipment and trash receptacles shall be screened from view from streets and abutting residential areas. (2) Screening shall consist of evergreen trees in double rows, staggered 5 feet to 15 feet on center. Evergreen or deciduous shrubs may be used to supplement the evergreen trees. Required spacing depends on the type of trees used: Pine, Spruce and Fir: 15 o.c. Arborvitae: 5 o.c. American Holly and Juniper: 10 o.c. Hemlock: 12 o.c. (3) Trees used for screen buffers shall be composed of 100% evergreen varieties. Shrubs may be a combination of evergreen and deciduous varieties. The required plant material shall be so arranged as to provide immediate visual screen of 50% and at least eight feet in height at the time of planting. (4) Walls, fences and/or earth berms may be used in combination with plant material subject to the approval of 14-35

163 the Borough Council and in conformance with Section 1503.C, Fence, hedge and wall regulations. (5) All plant material used shall meet minimum size and other requirements as stated in Section 1502 Landscaping. (6) Buffer areas may be included as part of required front, side or rear yards. All buffer areas shall be maintained and kept clean of all debris and rubbish. (7) All planting in the buffer area shall be installed and thereafter maintained by the property owner. (8) No buffer plants or structures in excess of two feet in height shall be erected in any sight triangle area. C. Walls or Fences Within Buffer Yards (1) Fences in residential districts shall be constructed of materials which do not detract from the general neighborhood. (2) Fences, hedges or walls which are located on property lines shall not exceed six feet in height. Fences, hedges or walls which are set back from property lines may be increased in height at a ratio of one foot additional height for every two feet of additional setback. In no case shall any fence, wall or hedge exceed 10 feet in height. (3) Retaining walls which are used as landscaping features shall be considered fences and shall be subject to the same height limitations

164 Table 1: Softening Buffer Requirements Adjacent Zoning District or Land Use Existing or Proposed Proposed Land Use or Zoning District R-1 Low Density Residential R-2 Medium Density Residential H-1 Hospital- Medical District TC Town Center District C-1 Local Commercial District C-2 General Commercial District I-1 General Industrial District Institutional Commercial Industrial Office R-1 Low Density Residential R-2 Medium Density Residential H-1 Hospital-Medical District TC Town Center District C-1 Local Commercial District C-2 General Commercial District I-1 General Industrial District Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Institutional Yes Yes Yes Yes Commercial Yes Yes Yes Yes Industrial Yes Yes Yes Yes Yes Yes Yes Yes Yes Office Yes Yes Yes Yes 14-37

165 ARTICLE 15 - GENERAL REGULATIONS Lot area, lot width and height regulations. In addition to complying with the provisions of the district in which a use is permitted, each use shall comply with the following standards and requirements where applicable. For certain specific uses or exceptional situations, these basic regulations are supplemented by Article 13 and by other provisions of this Ordinance. A. Lot area and yard requirements. The lot or yard requirements for any new building or use shall not include any part of a lot that is required by any other building or use to comply with the requirements of this Ordinance. No required lot area or yard shall include any property, the ownership of which has been transferred subsequent to the effective date of this Ordinance, if such property was part of the area required for compliance with the dimensional requirements applicable to the lot from which such transfer was made. B. Minimum lot area. Where a minimum lot area is specified, no principal building or use shall be erected or established on any lot of lesser size than as specified within this Ordinance. C. Minimum lot width. (1) Where a minimum lot width is specified in the applicable District regulations or other regulations of this Ordinance, no principal building or use shall be erected or established on any part of a lot which has a width less than is specified. (2) The lot width for a single-family semi-detached dwelling or end unit of townhouses shall be measured from the side lot lines to the centerline of the wall in common with an adjoining dwelling. D. Yard requirements. No portion of a building or structure shall be built within the minimum depth of front, side, or rear yards as specified within this Ordinance. E. Maximum height of buildings. No building shall exceed the maximum height of buildings specified in this Ordinance. F. Permitted variations from required areas. The minimum lot, yard and height requirements of Articles 5 through 12 shall prevail in all cases, except as follows: 15-1

166 (1) EXISTING NONCONFORMING LOTS. In any district where a nonconforming lot exists as a separate entity at the time of passage of this Ordinance and where the owner of the nonconforming lot does not own an adjoining lot, then the following development is permitted: (a) Lots in the R-1 and R-2 Zoning Districts. If the lot is located in the R-1 or R-2 District, a single-family dwelling, including any attached permitted accessory use, may be constructed on it as a permitted use subject to the following requirements: - Minimum lot size: 3,500 square feet. - Minimum lot width: 35 feet. - Minimum front yard: 25 feet. - Minimum rear yard: 15 feet. - Minimum side yards. - One side yard: three feet. - Both side yards combined: 11 feet. - Maximum building height for principal building: 2.5 stories or 35 feet. - Maximum building coverage: 50%. If the lot has an existing single-family dwelling located on it, then the dwelling may be enlarged to comply with, but not exceed, the requirements listed above. Accessory structures located in the rear yard area which are not attached to the principal structure may be built up to eight feet from the rear lot line and up to two feet from one side lot line, provided that such accessory structures are not located closer than four feet to the other side lot line and are not less than 10 feet from any principal structure. (b) Lots in nonresidential zoning districts (H-1, TC, C-1, C-2 and I-1). If the existing nonconforming lot is 15-2

167 located in any remaining nonresidential zoning district (H-1, TC, C-1, C-2, I-1), then a structure not exceeding two stories in height may be constructed on it, for a use permitted in the district in which it is located, provided that the off-street parking and loading requirements of this Ordinance shall be complied with and that the front, side and rear yards, as required by the district in which the use is located, are not reduced by more than 1/3 of said requirement and are compatible with the surrounding area, as determined by the Board. Said use shall be considered to be a special exception subject to the review and approval of the Board. (c) (d) Changes to existing conforming uses. For changes to existing conforming uses located on nonconforming lots, see Section Nonconforming uses. For requirements governing nonconforming uses and structures, see Section (2) Height limitations. District height limitations for church spires, cupolas and domes, monuments, water towers, chimneys, smokestacks, antennas, farm structures, silos and flag poles may extend to a maximum height of 150 feet. Required utility and radio and television station transmitting or receiving towers which are permitted under the requirements of this Ordinance may exceed the district height limitations by 35 feet. Although exempted from structural height limitations, these structures should not impair solar access of buildings or solar collector locations. (3) Front yard exception. When an unimproved lot is situated between two improved lots, each having a principal building within 25 feet of the side lot line of the unimproved lot, and where the lot is not located on a major state or federal highway, then the required front yard may be reduced to a depth equal to that of the greater front yard of the two adjoining lots; provided, however, that it may not be reduced to below 15 feet in Residential Districts R-1 and R-2. (4) Projections into yards. Projections into required yards may be permitted as follows, except that no such projection shall be located closer than three feet to any side lot line or 10 feet to any rear lot line or 15 feet to any front lot line, except as may be provided for in Section 1504 for existing nonconforming lots: 15-3

168 (a) (b) (c) Fire escapes, uncovered stairs and landings, canopies, eaves or other architectural features not required for structural support may project into the required side, front or rear yard not more than a total of three feet. Accessory structures may project into yards as set forth in Section 1500.F. Patios may be located in the required yard area, not closer than the following to any property line, except that patios constructed on existing nonconforming lots may line up with and be as wide as the principal structure on the lot: - Side and rear property lines: 5 feet. - Front property line: 10 feet. (5) Changes to conforming uses and buildings. Any conforming use or building may be repaired, maintained, restored or rebuilt up to the same dimensions existing at the time of the effective date of adoption of this 2011 Comprehensive Zoning Ordinance of the Borough of Wilson. Any enlargement of an existing conforming use or structure on the same lot must comply in all respects with the regulations of this Ordinance. G. Supplementary regulations. Supplementary regulations governing special conditions, uses or requirements are set forth in Article Unique lots and building locations. A. Two or more buildings on a lot. Two or more principal buildings located on a parcel in single ownership shall conform to all the requirements of this Ordinance which would normally apply to each building if each were on a separate lot. B. Through lots. Where a single lot under individual ownership extends from one street to another parallel or nearly parallel street or alley, the Borough Council shall decide which street will be considered as the front street. No principal structure shall be erected on any portion of a lot which does not have primary access from an improved public street, except as specified in Sections 1501.A and 1501.C. C. Lots fronting on an alley. Individual lots existing at the effective date of this Ordinance fronting on an alley shall comply with all the requirements of this Ordinance and the district in which said lots 15-4

169 are located, except that no principal structure shall derive its primary or only access from an alley. D. Side yard of a corner lot. The side yard of a corner lot which abuts a street shall be equal to the required front yard for that street, except as may be limited by Section 1501.E. E. Obstruction to vision. No obstruction to vision, as defined herein, shall be planted, constructed or maintained in the vicinity of any street intersection or driveway, entrance or on a corner lot, which creates potential vehicular safety hazards. (1) In all districts, no structure, fence, planting or other obstruction shall be maintained between a horizontal plane two (2) feet above curb level and a horizontal plane seven (7) feet above curb level so as to interfere with traffic visibility across the corner within that part of the required front or side yard which is within a horizontal clear-sight triangle bounded by the two street lines (rights-of-way) and a straight line drawn between points on each such line twenty-five (25) feet from the intersection of said lines or extension thereof. When one or both streets which form the intersection are classified as collector or arterial highways, the clear-sight triangle bounded by the two street lines and a straight line drawn between points on such line shall be fifty (50) feet from the intersection of said lines or extension thereof. (2) At each point where a private accessway intersects a public street or road, a clear-sight triangle of ten (10) feet measured from the point of intersection of the street line 15-5

170 and the edge of the accessway shall be maintained within which vegetation and other visual obstructions shall be limited to a height of not more than two (2) feet above the street grade Landscaping. A. General Requirements: (1) Where, in the opinion of the Borough Engineer, the literal application of these standards in certain cases would work undue hardship or be plainly unreasonable, the Borough Engineer may recommend to the Borough Council such reasonable exceptions as would not be contrary to the public interest. The Borough Council may modify or adjust the standards to permit reasonable utilization of property while securing substantial conformance with the objectives of the regulations. (2) The standards included in these regulations are minimum design requirements. The Borough Council reserves the right, in any case, to request that the requirements listed herein exceed these standards if conditions so warrant. (3) Nonconforming uses: Whenever there is a nonconforming use, the nonconforming use must comply with the most restrictive landscape requirements for either the land use or the zoning district in which it is located or the zoning district which would normally permit the nonconforming use. B. Landscape Plan Requirements: Where landscaping is required by this Ordinance, the applicant shall submit a landscaping plan, in addition to a site plan. C. Buffer Yards: Landscaping within required Buffer Yards shall meet the requirements outlined in Section 1403 as well as all other applicable requirements within this Section. D. Parking Lot Landscaping: (1) A minimum of one (1) deciduous shade tree shall be required for every ten (10) off-street parking spaces. (2) Where a parking lot is to include thirty (30) or more parking spaces, a maximum of fifteen (15) parking spaces shall be permitted in a row with a landscape island of 15 feet in width. Where required, this island shall contain not less than 290 square feet of planting area. (3) The use of salt tolerant species is encouraged. (4) When parking areas are located within 100 feet of a public street, the perimeter of the parking area that is adjacent to the public street shall be softened by a continuous low hedge around the outside perimeter. Required softening or 15-6

171 screening buffer shrubs may be used to meet this requirement, so long as the hedge is to be located within the area where the buffer yard is required. E. Existing Vegetation: In cases where preserved natural features existing on the site duplicate or essentially duplicate the planting requirements of this chapter, these requirements may be waived or amended by the Borough Council. F. Recommended plant list: The following is the recommended list of trees, shrubs and ground cover for use in Wilson Borough. However, the Borough Council may permit other planting types if they are hardy to the area, not subject to blight or disease and are of the same general character and growth habit as those listed below. The following sizes listed for shade trees, evergreen trees, ornamental trees, deciduous shrubs, evergreen shrubs and ground cover are the minimum acceptable sizes at the time of installation. (1) Shade Trees: (2 ½ - 3 inches caliper minimum,) 14 to 18 feet high, eight feet minimum spread, clear trunk to seven feet zero inches above the ground and full branching structure. Acer rubrum - Red Maple*** Acer saccharum - Sugar Maple*** Fagus grandifolia - American Beech** Fagus sylvatica - European Beech** Gleditsia triacanthos var. inermis - Thornless Honey Locust*** Liquidambar styraciflua - Sweet Gum* Liriodendron tulipifera - Tulip Poplar** Nyssa sylvatica Blackgum** Platanus acerifolia - London Plane Tree Platanus occidentalis American Planetree*** Quercus alba - White Oak Quercus borealis Northern Red Oak Quercus coccinea Scarlet Oak** Quercus palustris Pin Oak** Quercus phellos Willow Oak Quercus velutina Black Oak Tilia tomentosa Silver Linden Tilia cordata Littleleaf Linden *Note: Seedless varieties only 15-7

172 **Note: ***Note: Not to be used as a street tree; shade tree only. Shallow rooting or large growing tree to be located a minimum of 6 from any public sidewalk. (2) Evergreen trees: minimum eight feet high, four feet minimum spread* single leader, symmetrically branching to the ground. Abies balsamea Balsam Fir Abies concolor White Fir Ilex opaca American Holly Juniperus virginiana Eastern Redcedar Picea abies Norway Spruce Picea glauca White Spruce Picea pungens Colorado Spruce Pinus rigida Pitch Pine Pinus strobus White Pine Pinus virginiana Virginia Scrub Pine Pseudotsuga menziesii Douglas Fir Thuja occidentalis Eastern Arborvitae, including vars. Green Giant, Elegantissima, and Nigra. Tsuga Canadensis Canadian Hemlock *Note: Spread may be less than four feet for upright or columnar varieties. (3) Ornamental/Flowering Trees: Minimum eight feet high, five feet minimum spread, symmetrically branched to within four feet from the ground. Acer pennsylvanicum Striped Maple Amelanchier canadensis - Shadblow Serviceberry Asimina triloba Common Pawpaw Betula lenta Sweet Birch Betula nigra River Birch Betula papyrifera Paper Birch Carpinus caroliniana American Hornbeam Cercis canadensis - Eastern Redbud Chionanthus virginicus Fringetree Cornus amomum Silky Dogwood 15-8

173 Cornus florida - Flowering Dogwood Crataegus crus-galli Cockspur Hawthorn Crataegus phaenopyrum - Washington Hawthorn Diospyros virginiana Common Persimmon Magnolia acuminata Cucumber tree Magnolia Magnolia virginiana - Sweet bay Magnolia Mauls sp. Crabapple (Native species only, or varieties Snowdrift and Zumai ) Oxydendrum arboretum Sourwood Prunus pennsylvanica Pin Cherry Prunus serotina Black Cherry Prunus subhirtella pendula Autumnalis, Pendula, Rosy Cloud, Stellata, and Whitcomb. Prunus virginiana Common Chokecherry Robinia pseudoacacia var. inermis Thornless Black Locust Sassafras albidium Common Sassafras Taxodium distichum - Baldcypress (4) Deciduous Shrubs: 30 inch minimum height, twenty-four inch minimum spread and symmetrically branched to the ground. Aesculus parviflora Bottlebrush Buckeye Aronia arbutifolia - Red Chokeberry Aronia melanocarpa - Black Chokeberry Azalea sp. Azalea, native species only Calycanthus floridus - Common Sweetshrub Ceanothus americanus New Jersey Tea Cephalanthus occidentalis - Buttonbush Clethra alnifolia - Summersweet Clethra Cornus sericea - Red-osier Dogwood Corylus americana American Filbert Euonymus americana - Strawberrybush Hamamelis vernalis - Vernal Witch Hazel Hamamelis virginiana - Common Witch Hazel Hydrangea quercifolia Oakleaf Hydrangea Ilex verticillata - Winterberry 15-9

174 Itea virginica - Virginia Sweetspire Leucothoe racemosa Sweetbells Leucothoe Lindera benzoin - Spicebush Myrica pensylvanica - Northern Bayberry Spiraea Anthony Waterer and Van Houtei Staphylea trifolia American Bladdernut Symphoricarpos albus Snowberry Vaccinium angustifolium Lowbush Blueberry Vaccinium corymbosum Highbush Blueberry Viburnum acerfolium - Mapleleaf Viburnum Viburnum carlesii - Koreanspice Viburnum Viburnum cassinoides Witherod Viburnum Viburnum dentatum - Arrowwood Viburnum Viburnum lantana - Wayfaring Tree Viburnum Viburnum lentago Nannyberry Viburnum prunifolium Blackhaw Viburnum Viburnum tribolum - American Cranberrybush Viburnum (5) Evergreen shrubs: twenty-four inch minimum height, eighteen-inch minimum spread and symmetrically branched to the ground. Azalea sp. Native species only Ilex glabra Inkberry Holly Juniperus communis Common Juniper Kalmia latifolia Mountain Laurel (including cultivars) Rhododendron catawbiense Catawba rhododendron Rhododendron maximum Rosebay Rhododendron Taxus canadensis Canadian Yew Note: Height and spread requirements may be reversed for spreading varieties of evergreen shrubs. (6) Ground Cover Plants: (i) Heavily rooted plans provided in four-inch pots and spaced a maximum of 18 inches on center or as noted below: Hemerocallis hybrids Daylillies Liriope spicata Lily turf (12 inches o.c. maximum) 15-10

175 (ii) (iii) Liriope muscari Liriope (12 inches o.c. maximum) Pachysandra procumbens Allegheny Pachysandra Heavily rooted woody plants with minimum fifteeninch spread provided in two-gallon containers and planted a maximum of 36 inches on center: Juniperus horizontalis Creeping Juniper Xanthorhiza simplicissima Yellowroot Basin floor coverings: Grass: PennDOT Formula L modified seed or other naturalized mix Wildflower Seed Native species preferred Wildflower Sod Native species preferred Fencing and walls. A. General requirements. Any person, corporation, firm or association intending to erect a fence shall, before work is commenced, make application to the Code Enforcement/Zoning Officer as required below and by this Ordinance, and no work on such a fence shall be commenced before receipt of a permit from the Code Enforcement/Zoning Officer. Fences may be either a natural living fence or a fabricated materials fence, as defined in Article 3. Well-maintained and safe trees, shrubs or hedges and other appropriate plant material which do not constitute a natural living fence, as defined herein, and which are designed to enhance the livability and attractiveness of any lot may be located in any yard or court, provided that they do not encroach on adjoining properties or uses. B. Location of fences. Fences may be located within any front, rear or side yard. (1) All fences shall be located completely on the owner s property and shall not overlap property lines. Fence designs and locations must permit the fence to be maintained completely from the owner s side of the property. (2) Location of property lines will be the responsibility of the applicant to verify, through a surveyor s account, the precise location of the lines

176 C. Height of fences. The height of all fences shall be as set forth in the table below. D. Obstruction to vision. No fence shall create an obstruction to vision, as defined in Article 3 and Section 1501.E. E. Removal of unsafe or nuisance fences. Any fence which obstructs vision, as defined herein, or which impedes vehicular or pedestrian traffic or which causes a fire hazard, restricts safe access, unduly restricts light or air and/or affects public or traffic safety or which creates a nuisance, as defined under 1504.E(1), shall be removed. The Zoning Officer shall have the authority to direct the removal of such unsafe or nuisance fences or to direct the trimming or modification of any natural living fence or of any other vegetation so as to eliminate the unsafe or nuisance conditions. Type of Fence and Location Maximum Height (Feet) (a) Located on Parcels Used Predominantly For: Residential or Open Space Use Fabricated Materials Fence Located In: -Front Yard 4 6 -Side Yard 6 6 -Rear Yard 6 6 Natural Living Fence Located In: -Front Yard 6 8 -Side Yard 6 8 -Rear Yard Non-Residential Uses Footnote: Special situations requiring security, complete prevention of access or the provision of buffers to protect adjoining uses may have a higher fence if approved by the Borough Council. The Council shall determine that such additional height is necessary to meet these objectives and also to protect the public safety and general welfare and shall not adversely affect adjoining properties. In such cases, the Council may require that the fence be set back from the property line to prevent adverse effects on adjoining properties. F. Swimming pool fences. Private outdoor swimming pools shall be protected with a fence as set forth in the UCC

177 G. Fence materials and construction. (3) All fences shall be designed and constructed to serve as permanent fences which are solidly constructed and which are capable of resisting the effects of weather and which are permanently affixed in place, except as provided below. (4) The following fences or fencing materials are specifically prohibited: Barbed wire fence unless specifically reviewed and approved by the Borough Council and where the Council determines such fences are safe and substantially free from accident exposure. Picket or pointed fences which are less than 36 inches in height. Canvas fences. Cloth fences. Electrically charged fences. Poultry fences. Temporary fences such as snow fences and expandable fences and collapsible fences, except when needed to meet emergency conditions or during construction of a building. (5) All chain link fences erected shall be erected with the closed loop at the top of the fence. (6) All entrances or gates shall open into the property. (7) All fences or walls must be erected so as not to encroach upon a public right-of-way or easement. (8) If the fence is wood cover on wood frame, the framework must face onto the interior of the lot, unless the fence is designed to provide equal frame and cover area to adjoining yards. (9) If the fence is open metal mesh, supported by posts and frames of either pipe or wood, the posts and frames must be on the interior of the mesh. (10) If the fence is of masonry construction, a finished surface must be provided on the exterior side

178 H. Application for fence. All applicants for permits to construct a fence shall make application for a permit for a permitted use as required under Article 2 and shall include with said application a plan or sketch showing the proposed location of the fence and the materials to be used, including sufficient information to determine conformance with the requirements of this Ordinance. The applicant shall submit a narrative statement and location plan explaining the need and reason for the proposed fence Nonconforming uses and structures. Any legal nonconforming use or structure may be continued, repaired, maintained and improved except as provided below. An application for such changes shall be submitted to the Zoning Officer. A. Enlargement. Such nonconforming use or structure may not be enlarged more than 40% of the existing floor or ground area except for junkyards which may not be enlarged. Such enlargement shall not exceed the maximum height or maximum building coverage requirements set forth for the district in which such nonconforming use is located and shall be accompanied with the required off-street parking spaces to serve the expansion as set forth in Article 16. B. Restoration. If a nonconforming structure or any structure containing a nonconforming use wholly or partially destroyed by fire, explosion, flood or other phenomenon, legally condemned or needing to be replaced or reconstructed for any reason, then a permit for its restoration may be obtained if such application is filed within 12 months of the initial damage or destruction and restoration is completed within 24 months of the issuance of the permit. C. Discontinuance. No such use or structure may be reestablished after it has been discontinued or vacated for a period of 12 months. Also, a nonconforming use or structure when razed or removed from the premises shall not be relocated except in conformity with the regulations of the district to which it is moved. D. Change of use. A change in use (as defined in Article 3 of this Ordinance) includes any change among the specific uses identified under each category in the Table of Use Regulations. Once changed to a conforming use, no structure or land shall be permitted to revert to a nonconforming use. A nonconforming use may be changed to another nonconforming use only under all of the following conditions: (1) Such change shall be permitted only as a special exception by the Zoning Hearing Board. (2) The applicant shall show that a nonconforming use cannot be reasonably be changed to a conforming use

179 (3) The applicant shall show that the proposed change will be less objectionable in external effects than the existing nonconforming use, with respect to: Traffic generation and congestion including truck, passenger car, and pedestrian traffic. Noise, smoke, ash, dust, fumes, vapors, gases, heat, odor, glare or vibration. Storage and waste disposal. Appearance Temporary uses. E. Termination. Certain types of nonconforming uses or structures which present a special nuisance or hazardous condition shall be terminated as follows: (1) General nuisances. Upon a complaint registered by the Zoning Officer from 50% of the property owners within 200 feet of a nonconforming use which is considered to be a general nuisance or a hazard to the health, safety, welfare and morals of persons residing or working in or using the area, the Council shall hold a hearing and make a finding with respect to the nuisance or hazardous condition which exists and shall determine the necessity of terminating such nonconforming use. Such uses shall be terminated within such reasonable time as shall be determined by the Council after consideration of the time required for the reasonable amortization of the capital investment in such uses or as may be provided for by the laws of the Commonwealth of Pennsylvania. (2) Advertising signs. All nonconforming advertising signs shall be terminated within two years of the adoption of this Ordinance. F. Off-street parking. Sufficient off-street parking spaces shall be provided, as set forth in Article 16 to serve any proposed expansion permitted by Section 1505.A. A. Special events or activities. Any applicant may submit a zoning application for the purposes of requesting permission to undertake or conduct a special event, activity or use (hereinafter referred to as a "temporary use") that shall be temporary in nature. Such a temporary use shall exist for a period of time not to exceed one year. Said application shall be submitted in accordance with the special exception use procedure established in Section 205, and the temporary use shall be clearly related to the requirements for permitted uses set forth in this Ordinance. Any approval of such a 15-15

180 temporary use shall be subject to the applicable safeguards and procedures established in Sections 1400 and Said application shall clearly set forth the following: (1) The exact purpose, nature and location of the proposed temporary use, including all private and public lands and rights-of-way involved. (2) The relationship of the temporary use to other uses permitted in the zoning district. (3) The number of employees, spectators, participants or other persons or agencies, equipment or other paraphernalia to be involved or used in such temporary use. (4) Evidence that the Borough will be held harmless from any unforeseen adverse consequences resulting from such temporary use and evidence of the availability of sufficient insurance coverage. (5) An evaluation of the traffic impact of said use based on the requirements of Section (6) The length of time for which a temporary use permit is requested. (7) Any special requirements, hardships or conditions to be imposed on the Borough or its residents or to other uses which may be affected by the temporary use. B. Excavations and fill material. (1) Operations subject to state regulation. - All quarry or other non-coal mining operations are considered temporary uses under this Ordinance as required by Section 1505 above. Such uses which are subject to state law or to regulations of the PA DEP shall require necessary permit(s) from the appropriate state agency. Particular reference is made to the Commonwealth of Pennsylvania Non-coal Surface Mining Conservation and Reclamation Act No , as it may be amended and to other requirements relating to the operation of sanitary landfill areas and to preservation of water quality in the commonwealth as administered by the Pennsylvania Department of Environmental Protection (PA DEP). All excavations or placement of fill in wetland areas shall be subject to the requirements of the PA DEP and the Army Corps of Engineers. Such operations may take place in the Borough only in those areas where permitted by this Ordinance. All applicants for such operations shall submit a copy of any request for a state permit to the Zoning Officer, together with any plans required by the state for the 15-16

181 reclamation of such areas. The Zoning Officer shall also require a zoning permit application form to be submitted, plus any other information required to properly evaluate the application. Approval of any zoning permit for an operation permitted in the Borough shall be conditioned upon the receipt by the operator of any permit required from the state. The Borough may present information to or request a public hearing of PA DEP to be held on such applications for a permit which are submitted to the state. (2) Other excavations. Any other excavations, regrading of the natural terrain where ground levels are affected by more than one foot, the removal of topsoil or other earth products, the placement of fill or the alteration of drainage patterns may be permitted by the Zoning Hearing Board only as a temporary use as required in Section 1505 above. Such excavations must be adequately drained to prevent the formation of pools of water. The Zoning Hearing Board may require that such an excavation be enclosed by a fence if it is deemed to be a menace to the public health, safety and welfare. Unless specifically permitted by the Zoning Hearing Board, open excavations shall not be maintained, except those excavations made for the erection of a building or structure for which a permit has been issued. The dumping of earth, gravel, rock or other materials not subject to decay, noxious or offensive odors may be permitted in any zone or any vacant land, provided that the existing grade shall not be raised more than one foot above the grade of the nearest road, that hazardous or nuisance conditions are not created and that an unsightly appearance or unstable slopes are not created. Industrial or other operations requiring the dumping of such materials above the grade of the nearest road may be permitted by the Zoning Hearing Board as a special exception use if the Zoning Hearing Board determines that such dumping is not a menace to the public health, safety or welfare or a nuisance to nearby residential areas. Operations affecting drainage patterns shall be studied by the Borough and appropriate recommendations or conditions developed for consideration by the Zoning Hearing Board. Necessary reviews from other affected agencies such as the Northampton County Conservation District shall also be secured prior to the issuance of any permit

182 1506. Prohibited uses. The following uses are not included as permitted, special exceptions, or conditional use in any zoning district and are therefore prohibited in any district in the Borough: (1) Illegal uses which violate federal, state or local laws. (2) Uses which create any dangerous, injurious, noxious or otherwise objectionable fire, explosive, radioactivity, environmental or other hazard; noise or vibration; smoke, dust, dirt or other form of air, solid waste or water pollution; electrical, glare, traffic congestion or other disturbances of a permanent or recurring nature which will adversely affect the surrounding area or premises or be dangerous to public health and safety. (3) Junkyards, automotive junkyards and dumps, as defined herein. (4) Hazardous waste treatment, storage or disposal facilities. (5) The breeding and keeping of farm animals. (6) Manufacture or storage of explosives or fireworks in violation of federal, state, County or local laws. (7) Rendering plants for animal products. (8) Adult materials or activities. Any use involving activities which constitute a violation of 18 Pa.C.S.A. 5903, as amended, or as defined herein relating to display, sale, lending, distribution or exhibiting of adult and other sexual materials are prohibited in every zoning district. The exhibition or dissemination of adult materials or activities, as defined herein, which do not constitute a violation of 18 Pa.C.S.A. 5903, as amended, shall only be permitted in a zoning district which clearly lists such a use, and all such uses shall be special exception uses, as defined herein. (9) The use of outdoor boilers, furnaces or any equipment, device or apparatus which is installed, affixed or situated outdoors, and not situated within a building intended for habitation by humans or domestic animals, which is used for the primary purpose of combustion of fuel to produce heat for energy as a heating system, or component thereof, which provides heat or hot water to the principal structure, to a structure used for human or animal habitation, or to any accessory uses or structures, including, but not limited to, greenhouses, conservatories and swimming pools

183 ARTICLE 16 - OFF STREET PARKING AND LOADING Off-street parking and loading. A. Off-street parking. - In all districts, off-street parking spaces shall be provided as set forth in Table 2 whenever any building is erected, enlarged or converted. Such spaces shall be at least 10 feet wide by 18 feet long, exclusive of access drives or aisles, and shall have adequate and well-designed ingress and egress and shall be located on the same lot as the use to which they are accessory or within a radius of 400 feet in the same district or in an adjoining district when approved by the Board. Said Table 2 shall apply only to any new construction, new uses or to the enlarged section of any addition which may be approved by the Borough after the effective date of this Ordinance. 16-1

184 TABLE 2 REGULATIONS FOR OFF-STREET PARKING SPACES (a) Type of Use (b) Parking Spaces Required RESIDENTIAL USES B-1 Single-Family Detached Dwelling 2 spaces per dwelling unit; plus 1 space per each additional bedroom above one B-2 Two-Family or Single-Family Semi- Attached Dwelling 2 spaces per dwelling unit; plus 1 space per each additional bedroom above one B-3 Multi-Family Dwelling 2 spaces per dwelling unit; plus 1 space per each additional bedroom above one B-4 Mobile Home Parks 2 spaces per dwelling unit; plus 1 space per each additional bedroom above one B-5 Rooming or Boarding House 2 spaces for the owner occupant; plus 1 space per boarding or rooming unit B-6 Group Home 0.5 space per living unit; plus 1 space for each employee B-7 Planned Residential Development 3 spaces per dwelling unit, not including garages, of which no more than 1 may be on-street, per dwelling unit RELIGIOUS, EDUCATIONAL, RECREATIONAL AND INSTITUTIONAL USES C-1 Place of Worship 1 space for every four seats C-2 School - Elementary, Junior High, or Middle Schools - Senior High School 2 spaces for each classroom 1 space for every five classroom seats C-3 Commercial School 1 space for every five classroom seats C-4 Library or Museum 1 space for every 600 square feet of gross floor area C-5 Recreational Facility - Indoor space - Outdoor space C-6 Athletic Facility - Indoor space - Outdoor space C-7 Private Organization or Community Center 1 space for each 200 square feet of gross floor area 1 space for every 3 persons of total facility capacity 1 space for every 200 square feet of gross floor area 1 space for every 3 persons of total facility capacity 1 space per 400 square feet C-8 Day Care Center 1 space per employee; plus 1 space per every twelve students C-9 Adult Day Care Center 1 space per six persons of licensed capacity; plus 1 space per employee C-10 Group Care Facility 1 space per six persons of licensed capacity; plus 1 space per employee 16-2

185 C-11 Nursing Home 1 space for every three beds; plus 1 space per employee C-12 Hospital 1 space for every 1.5 beds C-13 Cemetery 1.25 spaces per employee C-14 Municipal/Government Building or Use 1 space per 200 square feet of gross floor area C-15 Detention Facility Parking shall be provided in accordance with the requirements of the sponsoring agency C-16 Residential Care Facility for the Elderly 0.5 space per living unit; plus 1 space for each employee OFFICE USES D-1 Office 1 space for every 200 square feet of gross floor area D-2 Medical Office 1.5 spaces per 150 square feet of gross floor area RETAIL AND CONSUMER USES E-1 Retail Shop 1 space for every 200 square feet of gross floor area E-2 Large Retail Store 4.5 spaces for every 1,000 square feet of gross floor area E-3 Service Business 1 space for every 200 square feet of gross floor area E-4 Financial Establishment 1 space for every 200 square feet of gross floor area; plus 4 stacking spaces for each drive-in window E-5 Eating Place 1 space for every 3 seats E-6 Eating Place, Drive-Through 1 space for every 60 square feet of usable floor area with a minimum of four spaces E-7 Repair Shop 1 space for every 200 square feet of gross floor area E-8 Motel, Hotel or Inn 1 space for each sleeping room; plus 1 space for every 400 square feet of public meeting area and restaurant space E-9 Commercial Recreation and Entertainment 1 space for every 200 square feet of gross floor area; plus 1 space per employee E-10 Service Station 4 spaces per each service bay; plus 1 space for every 150 square feet of convenience shopping space E-11 Automotive Sales 1 space per employee on the largest shift; plus 1 space for every 300 square feet of sales area E-12 Automotive Body Repair and Paint Shop 2 spaces per each service bay; plus 1 space for every 200 square feet of leasable shop or garage area E-13 Car Wash 3 stacking spaces for each wash stall; plus 1 drying spaces for each washing stall and 1 space per employee E-14 Shopping Center 4.5 spaces for every 1,000 square feet of gross floor area E-15 Funeral Home 1 space for every 100 square feet of gross floor area E-16 Veterinary Office or Clinic 1 space for every 150 square feet of gross floor area 16-3

186 E-17 Banquet Facility 2 spaces per 100 square feet of gross floor area E-18 Adult-Oriented Use 1 space per 200 square feet of gross floor area E-19 Mixed-Use Building 2 spaces per dwelling unit; plus 1 space per 200 square feet of commercial or office use PUBLIC UTILITIES AND PUBLIC SERVICE ORGANIZATION USES F-1 Utility Operating Facility 2 spaces or 1 space per employee, whichever is greater F-2 Emergency Services 3 spaces for each emergency vehicle, where no community room is part of the building; where a community room is provided, 3 spaces for each emergency vehicle plus 1 space for every 400 square feet of gross floor area F-3 Terminal 1 space for every 400 square feet of gross floor area F-4 Telecommunications Facility 2 spaces INDUSTRIAL USES G-1 Manufacturing 1 space for every 1,000 square feet of gross floor area or minimum of 5 spaces, whichever is greater G-2 Research 1 space for every 800 square feet of gross floor area G-3 Mini Warehouse, Mini Storage 1 space for every 1,000 square feet of gross floor area; plus 1 space for each company vehicle normally stored on the premises G-4 Printing 1 space for every 800 square feet of gross floor area G-5 Contract Services 1 space for every 1,000 square feet of gross floor area; plus 1 space for each facility vehicle G-6 Trades 1 space for every 800 square feet of gross floor area G-7 Fuel Storage and Distribution 1 space for every 500 square feet of gross floor area G-8 Building Materials Sale 1 space for every 1,000 square feet of lot area G-9 Equipment Storage Yards 1 space for every 1,000 square feet of lot area G-10 Truck Terminal 1 space for every 500 square feet of gross floor area G-11 Food Processing 1 space for every 800 square feet of gross floor area G-12 Laundry, Dry-Cleaning or Dyeing Plant 1 space for every 800 square feet of gross floor area G-13 Warehouse 1 space for every 1,000 square feet of gross floor area; plus 1 space for each company vehicle normally stored on the premises G-14 Junkyard 1 space for every 5,000 square feet of lot area ACCESSORY USES H-1 Home-Based Business 1 for each employee not residing within the dwelling and no more than 2 for guests or patrons in addition to those required for the single-family residence 16-4

187 H-9 Accessory Apartment The parking requirements for both the residential use and the business use shall be met FOOTNOTES: (a) This table applies to all uses and to the enlarged section of any addition in all Zoning Districts. For multi-purpose facilities, use the cumulative total of all uses included. (b) (c) (d) For any use not specifically listed, the Zoning Officer shall apply the requirements of that listed use which he determines to be most similar, or shall analyze the maximum number of potential users which the use is capable of attracting at least 20 times per year. Where benches are provided in lieu of seats then each 20-inch width of bench shall be equivalent to one seat. If the off-street parking calculation results in the fraction of a space then the number of offstreet parking spaces required is rounded up to the next whole number. 16-5

188 B. Off-street loading. - Every commercial, industrial, resort or other building which requires the receipt or distribution by vehicles of materials or merchandise shall provide one off-street loading space for each 10,000 square feet of gross building ground floor area or part thereof, and each such space shall be at least 400 square feet in area. (1) Said loading spaces shall apply to all uses or to the enlarged section of any addition which may be approved by the Borough after the effective date of this Ordinance. C. Development of parking and loading spaces. All off-street parking and loading areas shall conform with the Wilson Borough Subdivision and Land Development Ordinance, as well as the following: (1) Off-street parking and loading spaces may be developed on any required side, front or rear yard, except that such spaces located in the residential districts shall have landscaping setbacks of at least five feet from any street on which they abut and at least two feet from any side or rear yard lot line on which they abut. Such spaces shall be properly designed in relation to adjoining uses and/or buildings. Adequate barriers shall be provided to protect buildings and sidewalks, and screening shall be provided as required in Section (2) The design of all parking areas shall give special attention to the applicable site design guidelines set forth in 201.I and special attention to avoidance of the following problems: Shielding of lighting fixtures to prevent glare on adjoining properties. Proper design to prevent vehicles from backing out into public streets and to promote safe traffic circulation. Proper grading and management of stormwater runoff. Screening and planting along perimeter of parking areas to protect adjoining properties and to enhance appearance of the area, including evergreen shade trees and shrubbery. Reservation of parking space(s) for use by handicapped persons (ADA specific). (3) All residential parking areas which are accessory to individual dwelling units and all other types of required 16-6

189 parking and loading spaces for nonresidential or other uses shall be surfaced and properly graded with a durable bituminous or concrete paving material and shall be approved by the Zoning Officer. All parking areas shall be properly graded and drained to dispose of all surface water, except that the Zoning Hearing Board, in accordance with the special exception use procedure set forth in this Ordinance, may permit a reduction in the number of nonresidential parking spaces to be paved if the applicant demonstrates that the full number of spaces as required herein will not be necessary to serve the proposed use for a period of five years. Such a reduction in the number of paved parking spaces required shall not relieve the applicant from the submission of an overall plan for the parking lot which designates the total number of parking spaces as required by Table 2. Said plan shall indicate those spaces which are to be paved for immediate use and those which are reserved for potential use as required by the Zoning Hearing Board. (4) They shall be arranged and marked for the orderly and safe movement, loading, parking and storage of vehicles and shall be adequately illuminated if designed for use by more than three cars after dusk. All illuminated parking areas shall be designed to shield and prevent glare on adjoining properties. (5) Exit and entrance driveways or access points shall be approved by the Zoning Officer and/or Borough Council and shall be at least 20 feet wide for two-way driveways and 12 feet wide for one-way driveways and shall not exceed 40 feet in width and wherever practical shall not occupy the full length of the streets, alleys or other rightsof-way from which they derive their access, but shall be limited to well-defined points and shall be so designed to provide maximum safety for other adjoining or nearby uses. D. Off-street parking in residential areas. On any lot used for residential purposes in a residential district, only one commercial vehicle may be garaged on such a lot, and said vehicle shall be housed in an enclosed garage. 16-7

190 ARTICLE 17 - SIGNS Signs. A. Scope and applicability. (1) Signs may be erected, altered, maintained, used, removed or moved only in compliance with the provisions of this section and with any other applicable Borough regulations. (2) A zoning permit shall be required prior to the erection or alteration of any such sign, except that changes in the copy of any sign or official governmental signs shall not require such a permit. (3) Any existing signs which do not conform with the provisions of this section shall not be altered or enlarged unless approved by the Zoning Officer. B. General sign regulations. (1) No sign shall be erected which states that a property may be used for any purpose not permitted by this Ordinance. (2) Signs referring to a use, product or activity no longer in existence or available shall be removed within six months after cessation of the original use, product or activity. (3) No sign shall be located or used in a manner that interferes with traffic on a street by causing glare, an obstruction to vision, as defined herein, by causing confusion with traffic control devices or through other means. (4) Signs may be interior lighted with nonglaring lights or may be illuminated by shielded floodlights. No lights of intermittent or flashing type shall be permitted. (5) Illuminated signs adjoining or visible from nearby residential areas shall be shielded to protect adverse effects or nuisances upon nearby dwellings. (6) An awning with or without graphics and visual displays shall not be considered to be a sign under this Ordinance, except that all awnings which project over any public right-of-way or private area shall be subject to the requirements of 1700.C(3). (7) No part of any sign, except for an official governmental sign, shall be located within the official right-of-way of any street or alley, unless specifically permitted herein. (8) Any vehicle to which a sign is attached in such a manner that the sign is no longer incidental to the vehicle's primary purpose shall 17-1

191 be considered to be a freestanding sign subject to the sign provisions for the zoning district in which the sign is located. (9) Every sign shall be constructed of durable materials and shall be kept in good condition and repair. (10) Flashing and moving signs shall not be permitted in any zoning district. C. Location, height and projection of signs. (1) Location of signs. Unless otherwise provided for herein, all signs may be located in any required yard area and may be freestanding or attached to a building or other permanent feature on the site, excluding fences located closer than five feet of side yard property lines. (2) Height limitations. Signs shall not exceed the following height limitations: (a) (b) (c) Signs accessory to uses located in the R-1 and R-2 Zoning Districts shall not exceed 10 feet in height. Signs accessory to uses located in the remaining zoning districts (H-1, TC, C-1, C-2 and I-1) shall not exceed 30 feet in height. No sign may be attached to a building in a manner which allows it to exceed the roof height of the building. (3) Projection of signs. (a) (b) (c) (d) No sign erected or replaced after the effective date of this Ordinance shall project more than one foot over a public sidewalk or street right-of-way. Signs which project over private areas shall conform with other applicable Borough requirements and shall be approved by the Borough Council, but in all cases shall be at least 14 feet above the level of any area used for pedestrian or vehicular traffic. Signs attached parallel to the building which project more than 12 inches from the face of the building shall be at least eight feet above the ground level. The owners of all signs and awnings which project over any public right-of-way shall provide insurance in an amount specified by the Zoning Officer sufficient to hold the Borough harmless in the event of any damage to life or 17-2

192 property caused by such a sign or awning in the public right-of-way. D. Type of signs permitted in zoning districts. The size and type of signs permitted in the various zoning districts are set forth below (refer to 1700.D(5) Diagram: General Sign Types): (1) R-1 and R-2 Zoning Districts. The following signs are permitted in the R-1 and R-2 Zoning Districts: (a) (b) (c) (d) A simple nameplate sign containing the name, address, professional or home occupation activity of the occupant of the premises is permitted. Such sign shall not be illuminated or be constructed of highly reflective materials and shall not exceed two square feet in area. Such signs shall be attached to the building to which they pertain. A single identification sign or bulletin board, not exceeding 12 square feet in area, is permitted in connection with any church, school, college, hospital, institution, park, playground or other similar public or semipublic use. Such signs may be attached to the building to which they pertain and shall not be located within five feet of all lot lines if they are freestanding. A single identification sign attached to the building to which it pertains and not exceeding 10 square feet in area is permitted for any legally existing nonconforming use. A business or identification sign applicable to an approved special exception, not exceeding 12 square feet in area which is specifically approved by the Board is permitted. (2) H-1, TC and C-1 Zoning Districts. The following signs are permitted in the H-1, TC and C-1 Zoning Districts: (a) (b) Business or identification signs are permitted which direct attention to a business, profession, product, service, activity, use or entertainment sold or offered on the premises where such a sign is located. The total area of such a sign or signs shall not exceed 10% of the surface of the building facade or of the wall area on which the sign is mounted or to which the sign pertains, except as provided for in 1700.D(4). A single identification sign or bulletin board, not exceeding 24 square feet in area, is permitted in connection with any church, school, college, hospital, institution, park, playground or other similar public or semipublic use. 17-3

193 (c) A single identification sign, not exceeding 24 square feet in area, is permitted for any legally existing nonconforming use. (3) C-2 and I-1 Zoning Districts. The following signs are permitted in the C-2 and I-1 Zoning Districts: (a) (b) Any sign permitted in the H-1, TC and C-1 Zoning Districts. Advertising signs or billboards which direct attention to a business, product, service, activity, use or entertainment not conducted, sold or offered upon the premises where such sign is located. Advertising signs shall not be closer to each other than 100 feet. (4) Maximum size of signs in nonresidential districts. The total square foot area of all signs located on any single parcel under the provisions of Sections 1700.D(2) and (3) above shall not exceed two square feet for every one linear foot of lot width having frontage on a public street, provided that on corner lots only the longest dimension may be used. 17-4

194 (5) Diagram: General Sign Types from the International Zoning Code,

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