For the purposes of this chapter, the following regulations
shall govern in all districts unless otherwise stated.
In addition to complying with the requirements of this chapter,
the requirements of all other municipal ordinances and regulations,
including but not limited to the municipal Subdivision and Land Development
Ordinance and Building Code,[1] shall be applicable.
A.
Every building and structure hereafter erected or moved shall be
on a lot adjacent to a public street or a private street approved
by the Borough or on a lot for which a legally recorded right of access
to a public street or approved private street existed prior to the
effective date of this chapter. After the effective date of this chapter,
no lot shall be created unless it abuts a public street or a private
street approved by the Borough, except that, in the case of a structure
related to public sanitary sewer and water systems, such structure
may be placed on a lot which is not adjacent to a public or private
street as long as a legally recorded right-of-way access to such a
street will exist. For the purposes of this section, a service street
(alley) shall not constitute a public street or highway.
B.
Where access to a tract of land zoned industrial is available from
more than one street, and access from at least one street would be
over land zoned industrial, all points of ingress and egress to and
from the land zoned industrial shall be from the streets which will
be reached by passage over land zoned industrial.
A.
Width. Access drives shall require a twenty-four-foot-wide right-of-way.
The minimum pavement width for access drives shall be 24 feet (two
twelve-foot traffic lanes).
B.
Number.
(1)
The number of access drives may not exceed one per lot or tract on
any one street frontage. The Borough may grant permission for additional
access drives where required to meet exceptional circumstances and
where frontage of unusual length exists.
(2)
Where access from an arterial or collector street may be necessary
for several adjoining lots, the Borough may require that such lots
be served by one or more combined access drives to limit possible
traffic hazards on such streets.
C.
Location, design. Access drives shall have the following characteristics:
D.
Paving. All access drives shall be paved with concrete or a bituminous
paving material unless another suitable paving material is approved
by the Borough. All access drives must meet the minimum construction
and materials specifications of the Borough; however, if special conditions
warrant, the Borough may require more stringent provisions.
Accessory uses authorized in this chapter may include the following:
A.
Attached structures. Any accessory structure, attached to a principal
structure, is considered a part of the principal structure for all
regulatory purposes.
B.
Nonattached structures. Any accessory structure standing apart from
a principal structure is permitted in the rear yard but shall not
be located closer than five feet to any side or rear property line,
except for sheds larger than 150 square feet, which shall comply with
principal structure setback requirements.
(1)
Utility sheds may be located within a required side or rear setback
area but shall not be located closer than three feet to any side or
rear property line.
(2)
No apartment(s) or living quarters shall be located in an accessory
structure.
(3)
The height of an accessory structure shall not be more than 25 feet.
C.
Uses accessory to dwelling.
(1)
Private garage, private parking space.
(3)
Private green houses, utility sheds, and storage buildings for garden
tools. Theses structures may be located within a required side or
rear setback area but shall not be located closer than three feet
to any side or rear property line.
(4)
Shelter for pets as applicable in residential districts.
(5)
Uses authorized in this chapter as accessory to a dwelling shall
not be deemed to include a hospital, clinic, animal hospital, barbershop,
beauty parlor, mortuary, other personal service shop, tearoom, hotel
or any other similar use.
(6)
The renting of rooms within the same dwelling in which the renter
resides for not more than two nontransient persons, with or without
the provisions of table board for such persons.
(7)
Offices of physician, dentist, minister, lawyer, veterinarian, teachers
tutoring a maximum of three students at one time, accountant and other
similar type uses; provided, however, that such offices may only be
situated in the dwelling of such practitioner and shall be regularly
employed therein, and no colleagues or associates shall use such office.
Approval for these accessory uses must be granted by conditional use.
Not more than one person, whether paid or unpaid, may be employed
by the practitioner of the above-referenced uses.
(8)
Any need for parking generated by the home occupation shall be met
off street on the lot on which the home occupation is conducted. In
addition to the off-street parking spaces required for the dwelling
unit, one off-street parking space shall be provided for each employee
who is not a resident of the dwelling unit. As a minimum, for those
occupations which serve patrons, two additional off-street parking
spaces shall be provided.
D.
Accessory use of utility. The placing of a public telephone booth
shall be permitted in any district upon the following conditions:
(1)
The location shall be approved in writing by the owner of the land;
(2)
The location shall not be in the right-of-way of any street;
(3)
The location shall be approved by the Chief of Police of the Borough;
(4)
A permit is obtained from the Building Inspector; and
(5)
A permit fee for each location is paid.
E.
Fences or walls.
(1)
Definitions. "Fence" or "wall" mean any structure composed of wood,
metal, masonry, stone, plastic, vinyl or other material erected in
such a manner and positioned as to enclose or partially enclose any
property or part of any property.
(2)
A zoning permit shall be required whenever a fence or wall is erected,
replaced or altered within the Borough. Fences and walls shall be
in compliance with all Borough codes and ordinances and the following,
whichever being the more restrictive:
(a)
No permit shall be issued which allows a fence or wall to be
erected within a street right-of-way or floodway. Construction of
a fence within a utility easement requires special approval from the
utility and the Zoning Officer, and any such approval shall be conditioned
upon the requirement that the property owner remove such fence when
required by the utility for work performed in the easement.
(b)
Non-open (picket, board on board, or similar) fences or walls
in the front yard between the street right-of-way and a projection
of the building front line(s) may not exceed a maximum of 2 1/2
feet and shall not obstruct vision at the driveway or adjacent street.
Open fences such as wire mesh or split rail located in a front yard
may have a maximum height of four feet.
(c)
Fences or walls in the rear yard and side yards to the rear
of a projection of the building line(s) may not exceed a maximum height
of eight feet.
(d)
Fence heights shall be measured from the existing natural ground
grade. A berm or retaining wall cannot be created to increase the
fence height.
(e)
Fences shall be constructed so as to place the structural members
toward the property being enclosed by the fence, thereby presenting
the best appearance toward adjacent property.
(f)
No razor wire, barbed wire, or glass shards shall be placed
upon a fence or wall without the approval of the Birdsboro Borough
Council.
(g)
When an existing fence or wall that is not in conformance with
this chapter is replaced, a permit shall be required, and the fence
or wall shall be brought into full compliance with all the provisions
of this chapter. Normal maintenance or removal of a fence or wall
shall not require the issuance of a permit.
(h)
Any fence or wall which, in the judgment of the Zoning Officer,
is dilapidated, unsafe, dangerous or a threat to the health, safety
and welfare of the residents of Birdsboro Borough shall be made to
comply with all provisions of this chapter.
(3)
Permit application requirements. All those wishing to erect a fence
or wall in the Borough of Birdsboro shall be required to make a zoning
permit application to the Zoning Officer. The application shall be
accompanied by a detailed sketch showing street lines, lot lines,
driveways, and the proposed fence location. Applicants are required
to certify that the proposed fence will not encroach upon any neighboring
properties, rights-of-way or easements. Where a fence is proposed
to be constructed directly on a property line, the applicant must
secure written permission for installation and maintenance from the
adjacent property owner.
F.
Satellite dish antennas. Receiver dishes over 36 inches in diameter
are permitted by right in all zoning districts, subject to the following
constraints:
(1)
Such devices shall not be roof-mounted.
(2)
Such devices shall not be placed in any required setback area.
(3)
Such devices must be located to the rear of the dwelling unit on
any residential lot.
(4)
No dish antenna on a residential lot shall exceed an overall height
of 18 feet above the ground or an overall diameter of 12 feet.
(5)
No more than one dish antenna is permitted per building lot.
(6)
Such devices must be appropriately screened or fenced so as not to
be a visually obtrusive to neighboring properties.
G.
Satellite dish antennas 36 inches or less in diameter are permitted
by right in all zoning districts, subject to the following criteria:
(1)
Demonstration by the applicant that compliance with the applicable
yard, setback and height restrictions would result in the obstruction
of the antenna's reception window if it were ground-mounted; furthermore,
that such obstruction involves factors beyond the applicant's control.
(2)
The satellite dish antenna must be set back at least the horizontal
distance equal to its maximum height above ground from all property
lines.
(3)
The allowance of a satellite dish antenna(s) shall in no way place
liability upon the Borough for the obstruction of the antenna's reception
window due to permitted construction on adjoining or nearby properties.
Any arrangements made to protect the antenna's reception window shall
be between private parties and not the Borough.
(4)
To protect aesthetics, such devices must be placed so that the dish
is not visible from the front of the property. If this results in
the obstruction of the satellite's reception window, every effort
should be made to install the satellite dish in a way that is least
visually obtrusive to surrounding properties.
(5)
A maximum of two satellite dishes per structure are permitted. Installation
of any additional dishes may be permitted in the case of multiple-family
dwellings when approved by the Borough.
H.
Garage/yard sales. Within any zone, an owner and/or occupant may
conduct up to two garage/yard sales per year. No garage or yard sale
shall be conducted for a period longer than two consecutive days.
Such sales may offer for sale personal possessions; no stocking of
inventory shall be permitted. Only one four-square-foot sign shall
be permitted to advertise the sale, located upon the premises where
the sale occurs, and shall be removed within 12 hours after the completion
of the sale. In no case shall any aspect of the sale be conducted
in the sidewalk or street right-of-way. The conduct of sales beyond
the extent described herein represents a commercial business and requires
a zoning permit.
I.
Mobile on-demand storage (such as PODS®) and residential dumpsters.
(1)
Size.
(a)
PODS® shall not exceed 16 feet in length, be not greater
than eight feet in height from the bed of the structure, and be not
greater than eight feet in width. At no time shall the top of any
mobile storage structure exceed the height of the building behind
which it is located.
(b)
Residential dumpsters shall not exceed 14 feet in length, be
not greater than five feet in height from the bed of the structure,
and be not greater than seven feet in width.
(2)
Permit required; application; insurance; fee.
(a)
Before placing a mobile on-demand storage unit on his or her
property, a person must submit an application and receive a permit
from the Borough. An insurance certificate providing liability insurance
in the amount of $100,000, provided by the company supplying the PODS®
must accompany the application. There is a fee of $25 for a fourteen-day
permit. Applications can be acquired from Borough Hall.
(3)
Duration. Permits will be granted for a period of 14 days. At the
expiration of the fourteen-day period, applicants may seek to extend
their permits for an additional 14 days by seeking an extension for
cause from the Borough Manager. Extension of a permit will cost $25
for each 14 days granted.
(a)
Mobile on-demand storage units shall only be placed on the property
owner's driveway or a parking area or, if access exists at the side
or rear of the site, the side or rear yard. The required parking space(s)
shall at all times be maintained if temporary storage units are placed
in parking areas.
(b)
Mobile on-demand storage units shall be located at such address
for a maximum of 14 consecutive days, including the days of delivery
and removal. An extension may be granted to the applicant by the Borough
Manager, subject to conditions, for a reasonable additional time period
in an amount not to exceed 28 days.
(4)
Location. Mobile on-demand storage units are prohibited from being
placed in streets or the front yard of a property. Units must be kept
in the driveway of the property at the furthest accessible point from
the street. All locations must be paved off-street surfaces.
(5)
Number of units. Only one mobile on-demand storage unit may be placed
at any residential property at one time.
(a)
The applicant, as well as the supplier, shall be responsible
for ensuring that the mobile on-demand storage unit is maintained
in good condition, free from evidence of deterioration, weathering,
discoloration, graffiti, rust, ripping, tearing or other holes or
breaks at all times.
(b)
Mobile on-demand storage units shall not be used to store solid
waste, construction debris, demolition debris, recyclable materials,
business inventory, commercial goods, goods for property other that
at the residential property where the temporary storage unit is located
(i.e., used for retail sales) or any other illegal or hazardous material.
Upon reasonable notice to the applicant, the Borough may inspect the
contents of any temporary storage unit at any reasonable time to ensure
that it is not being used to store said materials. At no time shall
a temporary storage unit be used for any of these purposes.
(6)
Violations and penalties. Any person who shall place a mobile on-demand
storage unit in violation of this section shall, upon conviction before
a Magisterial District Judge, be sentenced to pay a fine as determined
by the Borough together with the costs of prosecution and, upon default
in the payment thereof, be sentenced to undergo imprisonment for a
period not exceeding 30 days.
An adult-oriented facility is permitted in the I Zone by conditional
use approval and subject to the requirements of that zone, except
as herein modified and provided:
A.
No materials, merchandise, film or service offered for sale, rent,
lease, loan or for view shall be exhibited, displayed or graphically
represented outside of a building or structure.
B.
Any building, structure or room used and occupied as an adult-oriented
facility shall be windowless or have an opaque covering over all windows
or doors of any area in which materials, merchandise, film, service
or entertainment are exhibited or displayed, and no sale materials,
merchandise, film or offered items of service or entertainment shall
be visible from outside the structure. The use shall not be in coordination
with the sale or consumption of alcoholic beverages.
C.
No sign shall be erected upon the premises depicting or giving a
visual representation of the type of materials, merchandise, film,
service or entertainment offered therein.
D.
Each and every entrance to the structure shall be posted with a notice
that the use is an adult-oriented facility, that persons under the
age of 18 are not permitted to enter, and warning all others that
they may be offended upon entry.
E.
No part of an adult-oriented facility shall be located within 1,000
feet of a property containing a school, house of worship, or child
day-care facility (as defined herein).
F.
Parking shall be established at the minimum ratio of one parking
space for each 100 square feet of gross floor area and one parking
space for each employee.
G.
Buffers and screens shall be provided as necessary to adequately
protect neighboring properties. This includes but is not limited to
fences, walls, plantings and open spaces
Along each side or rear property line of a highway commercial,
industrial or multifamily housing use which directly abuts a single-family
residential district in the Borough or an adjoining municipality or
the Public/Conservation District within the Borough, a buffer planting
strip of not less than 10 feet in width shall be provided. All buffer
yards shall include a dense screen planting of trees, shrubs or other
plant materials, or both, to the full length of the lot line, to serve
as a barrier to visibility, airborne particles, glare and noise. Such
screen planting shall be located within the exterior 50 feet of the
buffer yard, and shall be in accordance with the following requirements:
A.
Plant materials used in screen planting shall be at least four feet
in height when planted and be of such species as will produce, within
two years, a complete year-round visual screen of at least six feet
in height.
B.
The screen planting shall be maintained permanently, and any plant
material which does not live shall be replaced within one year.
C.
The screen planting shall be so placed that at maturity it will be
not closer than three feet from any ultimate right-of-way or property
line.
D.
A clear sight triangle shall be maintained at all street intersections
and at all points where private vehicular accessways intersect public
streets.
E.
The screen planting shall be broken only at points of vehicular or
pedestrian access.
F.
Plans for buffer yards shall be submitted for review and approval.
A building, the foundation of which was completed before the
effective date of this chapter, may be constructed without being bound
by the requirements of this chapter, provided that the construction
is completed within one year after the effective date of this chapter.
In like manner, a building, the foundation of which was completed
before an amendment, may be constructed if the construction is completed
within one year after the amendment.
Communications tower and communications equipment buildings
are permitted in the I District and by conditional use in the PC District
and are otherwise subject to the requirements of the zone in which
located, except as herein modified and provided.
A.
Supporting evidence for location.
(1)
Any applicant proposing construction of a new communications tower
shall present evidence of the following:
(a)
That the tower must be in that location to function properly
within the applicant's existing and already constructed grid.
(b)
That, despite the best efforts of applicant, it is not possible
to co-locate the proposed antennas on an existing tower, building
or structure using stealth techniques wherever possible.
(c)
That the proposed height of the tower is the minimum required
to properly function in the applicant's grid.
(2)
The foregoing evidence shall not be based upon financial considerations.
B.
The maximum height of any communications tower, together with the
communications antenna, shall be 150 feet; provided, however, that
such height may be increased to no more than 200 feet if the required
setbacks from adjoining property lines (not lease or license lines)
are increased by one foot of lateral distance for each one foot of
height in excess of 150 feet.
C.
The foundation and base of any communications tower shall be set
back from any property line (not lease or license line) at least 150
feet.
D.
A communications tower may be located on a lot occupied by other
principal structures and may occupy a leased or licensed parcel within
a lot meeting the minimum lot size requirements of this chapter.
E.
Minimum lot area for communications towers shall be 12,000 square
feet for each tower.
F.
Climbing access to the tower shall be secured from use by unauthorized
persons, and the perimeter of the site shall be secured by a fence
with a minimum height of eight feet, topped by barbed wire to limit
accessibility to the general public. One off-street parking area shall
be provided within the fenced area. The parking area need not be paved,
lighted or striped unless the surrounding area is also paved, lighted
or striped, or unless the Board determines that paving, lighting or
striping is required to keep in character with the neighborhood.
G.
Access shall be provided to the communications tower and communications equipment building by a public or private street, easement or right-of-way. In the case of an easement or right-of-way, the easement or right-of-way shall be a minimum of 24 feet in width and shall comply with the requirements set forth in § 395-12.
H.
Buffers and screens shall be provided as necessary to adequately
screen the fenced area to a height equal to the height of the fence.
Natural landscaping shall be preferable. The applicant shall use all
reasonable efforts to minimize disturbance and tree removal.
I.
No signs or lights shall be mounted on a communications tower, except
as shall be required by the Federal Communications Commission, Federal
Aviation Administration or other governmental agency that has jurisdiction.
Any such required lighting shall, whenever practical, be directed
away from adjoining properties. No strobe lights shall be permitted
unless no alternatives are permitted by law. The Zoning Hearing Board,
in its discretion, may prohibit any tower for which lights may be
required.
J.
The applicant shall submit certification from a Pennsylvania registered
professional engineer that a proposed communications tower will be
designed and constructed in accordance with the current "Structural
Standards for Steel Antenna Towers and Antenna Supporting Structures,"
published by the Electrical Industrial Association/Telecommunications
Industry Association or with the current American National Standards
Institute (ANSI) "Standards for Communications Towers."
K.
The communications tower must be capable of supporting other users,
and the applicant must agree to permit co-location of other users
upon any reasonable request. Such request can be denied only for technological,
engineering or structural reasons.
L.
The communications equipment building shall comply with the required
yards, setbacks and height requirements of the applicable zoning district
for an accessory structure.
M.
The owner, licensee or operator shall annually certify to Birdsboro
Borough that the tower is structurally sound and remains in use. If
a communications tower remains unused for a period of 12 consecutive
months or becomes structurally unsafe, the owner, licensee, operator
or landowner shall dismantle and remove the communications tower and
any associated buildings within six months of the expiration of such
twelve-month period. The applicant shall submit an amount equal to
the cost of removal or demolition of said tower and buildings as determined
by the Borough's Engineer. The funds shall be placed in an interest-bearing
escrow account to be held by the Borough, to be used in the event
the owner, licensee, operator or landowner shall fail to dismantle
the abandoned communications tower within said six-month time period.
If the owner, licensee, operator or landowner shall dismantle said
tower in accordance with this section, the escrow funds, including
interest, shall be returned to the applicant or his assigns.
N.
The applicant shall submit a certificate of insurance evidencing
general liability coverage of at least $1,000,000 per occurrence and
property damage coverage of at least $1,000,000 per occurrence, covering
the communications tower, communications antennas and communications
equipment buildings. Birdsboro Borough shall be named as an additional
insured on the insurance policy. Such liability coverage shall not
be cancelable without at least 30 days' prior written notice to the
Borough. Annual policy renewal certifications shall be submitted to
the Borough; if coverage lapses or is canceled, the Borough shall
have the right to order the demolition or removal of the tower and
any associated structures.
The Zoning Hearing Board may allow as a special exception the
conversion of a single-family dwelling into a dwelling for a greater
number of families in specified districts, subject to the following
requirements:
A.
Petition in favor of such exception shall be filed with the Zoning
Hearing Board signed by the owners of 60% or more of the frontage
in the same street within 500 feet of the designated lot.
B.
Each conversion dwelling unit shall not have less than 500 square
feet of floor area.
C.
The lot area per family is not reduced thereby to an amount less
than 75% of that required by this chapter for the district in which
the designated lot is located.
D.
The yard and building area requirements for the district in which
the building is located must be complied with.
E.
There is not external alteration of the building except as may be
necessary for reasons of safety. Fire escapes and outside stairways
shall, where practicable, be located on the rear of the building.
F.
The Zoning Hearing Board shall specify the maximum number of families
permitted to occupy such buildings and may prescribe such further
conditions and restrictions as the Board may consider appropriate
and reasonable.
H.
The conversion shall be authorized only for a dwelling with relatively
little economic usefulness as a conforming use.
Demolition of any structure must be completed within 12 months
of the start of such demolition. Completion consists of tearing the
structure down to grade, filling any resulting cavity to grade and
removing all resulting debris from the lot. A structure may be partly
demolished only if a building remains and the demolition of the part
is completed as required in the previous sentence.
The general plan for multiple-dwelling development shall include
evidence and facts showing that it has considered and made provision
for, and the development shall be executed in accordance with, the
following essential conditions:
A.
The proposed development shall be constructed in accordance with
an overall plan and shall be designed as a unified architectural unit
with appropriate landscaping.
(1)
If the development of the multiple dwellings is to be carried out
in stages, each stage shall be so planned that the foregoing requirements
and the intent of this chapter shall be fully complied with at the
completion of any stage.
(2)
The developer shall assure the provision of required improvements
by means of a proper completion guarantee in the form of a bond or
the deposit of funds or securities in escrow to cover the cost of
the improvements, exclusive of buildings of the principal use. The
work shall be performed in accordance with all requirements and the
approved plans, pursuant to provisions of a written agreement between
the developer and Borough embodying details as to manner of approval
and pay out of escrow.
C.
Utilities. All buildings within the multiple dwellings shall be served
by a public water supply and public sanitary sewage disposal system.
All utility lines servicing the multiple dwellings shall be placed
underground.
D.
Lighting facilities provided shall be arranged in a manner which
will protect the highway and neighboring properties from unreasonable
direct glare or hazardous interference of any kind. Lighting facilities
shall be required where deemed necessary for the safety and convenience
of multiple-dwelling development units.
F.
Open space. The developer shall be required where possible to preserve
or incorporate natural features such as woods, streams and open space
areas, which add to the overall cohesive development of the multiple
dwelling and overall community development. However, all conditions
deemed hazardous by the Borough, including natural feature hazards,
are to be eliminated or all precautions deemed appropriate by the
Borough to reduce the hazard are to be provided by the developer.
G.
Recreation. The developer shall be required to provide community areas, laundry facilities, playground and tot-lots, and other services necessary for the comfort and convenience of multiple-dwelling development or a fee in lieu of these services, as defined by Chapter 335, Subdivision and Land Development.
No lot may be formed from part of a lot occupied by a building
unless each newly created lot will meet all the applicable provisions
of this chapter and the Borough Subdivision and Land Development Ordinance.
A.
Lot drainage. Lots shall be laid out and graded to provide positive
drainage away from proposed and existing buildings and on-site sewage
disposal facilities and to prevent the collection of stormwater in
pools. Topsoil layer of at least six inches shall be preserved and
redistributed as cover and shall be suitably planted with perennial
grasses or ground cover.
B.
Nearby existing facilities. Where adequate existing storm sewers
are readily accessible, the developer must connect his stormwater
facilities to these existing storm sewers.
C.
Open drainageways. When open drainageways are used for the disposal
of stormwater, the Borough Engineer shall review the design of such
open drainageways in relation to the following:
(1)
Safety. Steep banks and deep pools shall be avoided.
(2)
Erosion. Adequate measures shall be taken, such as seeding, sodding,
paving or other measures as necessary, to prevent the erosion of banks
and the scouring of the channel.
(3)
Stagnation. Design of open drainageways shall not create stagnant
pools.
(4)
Whenever the evidence available to the Borough indicates that natural
surface drainage is inadequate, the developer shall install storm
sewers, culverts and related facilities, as necessary, to:
(a)
Permit the unimpeded flow of natural watercourses.
(b)
Ensure the drainage of all low points along the line of streets.
(c)
Intercept stormwater runoff along streets at intervals reasonably
related to the extent and grade of the area drained.
(d)
Provide adequate drainage away from on-site sewage disposal
facilities.
D.
Drainage upon adjacent properties. In the design of storm drainage
facilities, consideration must be given to preventing excess runoff
onto adjacent developed or undeveloped properties. In no case may
a change be made in the existing topography which would:
(1)
Result in a slope of more than 70% within 20 feet of a property line
(height divided by length equals percent of slope).
(2)
Alter the existing drainage or topography in any way so as to adversely
affect adjoining properties.
(3)
Result in a slope which exceeds the normal angle of slippage of the
material involved. All slopes must be protected against erosion.
E.
Drainage onto streets. In order to minimize improper surface water
drainage upon streets, each building erected, structurally altered,
or relocated, and its driveway(s) or access drive(s) must be at a
grade in satisfactory relationship:
F.
Obstruction to drainage prohibited. The damming, filling or otherwise
interfering with the natural or prescribed flow of a surface watercourse
is not permitted without approval of the Borough and the Pennsylvania
Department of Environmental Protection, and other agencies with jurisdiction.
G.
Drainage facilities. Storm drainage facilities shall be designed to convey the flow of stormwater runoff in a safe and efficient manner. Plans shall be subject to the review and approval of the Borough upon recommendation of the Borough Engineer. Drainage plans shall be consistent with local and regional drainage plans, and shall comply with Chapter 325, Stormwater Management, of the Code of the Borough of Birdsboro, if applicable.
A.
Location. Dumpsters and other waste receptacles may be permanently
placed on a nonresidential lot if such receptacles are not located
in or on any required parking area. Such devices shall be included
in calculated lot coverage.
B.
Screening. Dumpsters and waste receptacles must be screened from
the view of adjacent residential uses.
A.
No emission shall be made which can cause any damage to health, to
animals or vegetation or other forms of property or which can cause
any excessive soiling at any point.
B.
No emission of liquid or solid particles from any chimney or otherwise
shall exceed 0.3 grains per cubic foot of the covering gas at any
point.
C.
For measurement of the amount of particles in gases resulting from
combustion, standard correction shall be applied to a stack temperature
of 500° F. and fifty-percent excess air.
Within the HC and VC Districts, financial institutions shall
comply with the following requirements.
A.
All drive-through window lanes shall be separated from the parking
lot's interior driveways. Drive-throughs are required to have conditional
use approval in the HC and VC Districts.
B.
All automated teller machines shall be located, or contain convenient
parking spaces, so that the on-site movement of vehicles will not
be hampered by those cars belonging to persons using the automated
teller machine(s).
C.
Sufficient stacking lanes shall be provided associated with drive-through
windows to prevent vehicle backups on adjoining roads.
D.
Any exterior microphone/speaker system shall be arranged and/or screened
to prevent objectionable noise impact on adjoining properties.
E.
The use shall comply with all other applicable regulations of this
and other Borough ordinance, including but not limited to the requirements
for landscaping, off-street parking, and signage.
Where a use involves exterior lighting, the lighting must be
so located and shielded that no objectionable illumination or glare
is cast upon adjoining properties or any adjacent public street.
A.
Applicability.
(1)
Outdoor lighting shall be required for safety and personal security
for uses that operate or have activity during hours of darkness where
there is public assembly and traverse, including but not limited to
the following uses: residential developments containing lot sizes
of less than 10,000 square feet, residential developments of greater
than five lots, multifamily residential developments, commercial,
industrial, municipal, recreational and institutional.
(2)
The Borough may require that lighting be incorporated for other uses
or locations or restrict lighting in any of the above uses when deemed
necessary to accomplish the purposes of this chapter.
(3)
The glare-control requirements herein contained apply to lighting
in all above-mentioned uses as well as, but not limited to, sign,
architectural, landscape, recreational and residential lighting.
(4)
Temporary decorative lighting may be exempted from the requirements
of this chapter when approved by the Zoning Officer for periods of
short duration.
B.
Criteria.
(1)
Illumination levels.
(a)
Lighting, where required or permitted by this chapter, shall
have intensities and uniformity ratios in accordance with the current
recommended practices of the Illuminating Engineering Society of North
America (IESNA), as contained in the IESNA Lighting Handbook or separately
in IESNA "Recommended Practices."
(b)
Future amendments to said recommended practices shall become
a part of this chapter without further action of the Township.
(c)
Examples of intensities for typical outdoor applications, as
extracted from the Lighting Handbook, are presented below, but are
not all inclusive.
|
Use/Task
|
Maintained Footcandle
|
Uniformity Ratio
(average: minimum)
| ||
|---|---|---|---|---|
|
(a)
|
Streets, local commercial
|
0.9 average
|
6:1
| |
|
Streets, local residential
|
0.4 average
|
4:1
| ||
|
(b)
|
Parking, multifamily residential,
| |||
|
•
|
Low vehicular/pedestrian activity
|
0.2 minimum
|
4:1*
| |
|
•
|
Medium vehicular/pedestrian activity
|
0.6 minimum
|
4:1*
| |
|
(c)
|
Parking, industrial/commercial/ institutional/municipal
| |||
|
•
|
High activity, e.g., regional shopping centers/fast-food facilities,
major athletic/ civic/cultural events.
|
0.9 minimum
|
4:1*
| |
|
•
|
Medium activity, e.g., community shopping centers, office parks,
hospitals, commuter lots, cultural/civic/recreational events
|
0.6 minimum
|
4:1*
| |
|
•
|
Low activity, e.g., neighborhood shopping, industrial employee
parking, schools, church parking
|
0.2 minimum
|
4:1*
| |
|
(d)
|
Sidewalks, walkways, and bikeways
| |||
|
•
|
Commercial
|
1.0 average
|
5:1
| |
|
•
|
Residential
|
0.5 average
|
5:1
| |
|
(e)
|
Building entrances, commercial, industrial, institutional
|
5.0 average
|
—
| |
|
(f)
|
Service station pump islands
|
20.0 average
|
4:1
| |
|
(g)
|
Car dealerships
|
20.0 maximum
|
5:1 maximum: minimum
| |
|
NOTES:
| |
|---|---|
|
1.
|
Illumination levels are maintained horizontal footcandles on
the task, e.g., pavement or area surface.
|
|
2.
|
Uniformity ratios dictate that average illuminance values shall
not exceed minimum values by more than the product of the minimum
value and the specified ratio, e.g., for high-activity commercial
parking, the average illuminance shall not exceed 3.6 footcandles
(0.9 x 4).
|
|
*
|
In no case shall the maximum-to-minimum uniformity ratio for
parking be in excess of 20:1.
|
(2)
Lighting fixture design.
(a)
Fixtures shall be of a type and design appropriate to the lighting
application and aesthetically acceptable to the Borough.
(b)
For the lighting of predominantly horizontal surfaces, such
as, but not limited to, roadways, areas of vehicular and pedestrian
passage, loading areas, and parking areas, fixtures, whether freestanding,
wall-mounted, or any other type, shall be aimed straight down and
shall meet IESNA full-cutoff criteria.
(c)
Where the use of fixtures meeting IESNA full-cutoff criteria
is not practical or possible, fixtures shall be equipped with aiming
and/or light-redirecting devices such as shields, visors, baffles,
skirts or hoods when necessary to direct or redirect offending light
distribution.
(d)
The use of floodlighting, spotlighting, non-cutoff wall-mounted
fixtures, internally illuminated decorative globes and spheres, lanterns
and other fixtures not meeting IESNA full-cutoff criteria shall be
permitted only with the approval of the Township, based upon acceptable
justification and achievement of adequate glare control.
(e)
NEMA-head fixtures, also known as "barn lights" or "dusk-to-dawn
lights," shall not be permitted where they are visible from other
uses, unless fitted with a reflector or shield to render them full-cutoff.
(3)
Control of nuisance and disabling glare.
(a)
All outdoor lighting, whether or not required by this chapter,
on private, residential, commercial, industrial, municipal, recreational
or institutional property shall be aimed, located, designed, fitted
and maintained so as not to present a hazard to drivers or pedestrians
by impairing their ability to safely traverse and so as not to create
a nuisance by projecting or reflecting objectionable light onto a
neighboring use or property.
(b)
The use of floodlights and spotlights shall be so installed
or aimed that they do not project their output beyond the boundaries
of the property on which they are located.
(c)
Unless otherwise permitted by the Borough, e.g., for safety
or security or businesses that operate all night or past 11:00 p.m.,
lighting for commercial, industrial, municipal, recreational and institutional
applications shall be controlled by automatic switching devices such
as time clocks or combination motion detectors and photocells, to
permit reducing or extinguishing outdoor lighting fixtures between
11:00 p.m. and dawn to mitigate light trespass, nuisance glare and
sky-lighting consequences.
(d)
Lighting proposed for use after 11:00 p.m. or after normal hours
of operation of a business, whichever is earlier, for commercial,
industrial, institutional or municipal applications, shall be reduced
by at least 50% from then until dawn, unless supporting a specific
purpose and approved by the Borough.
(e)
All illumination for advertising signs, buildings and/or surrounding
landscapes for decorative, advertising or aesthetic purposes is prohibited
between 11:00 p.m. and sunrise, except that such lighting situated
on the premises of a commercial establishment may remain illuminated
while the establishment is actually open for business and until one
hour after closing.
(f)
Vegetation screens shall not be employed to serve as the primary
means for controlling glare. Rather, glare control shall be achieved
primarily through the use of such means as cutoff fixtures, shields
and baffles, and appropriate application of fixture mounting height,
wattage, aiming angle and fixture placement.
A.
Intent. It is the intent of the following regulations to conserve
forested open space and its environmental, economic, recreation, wildlife
and amenity values by promoting good forest stewardship; protect the
rights of adjoining property owners; and minimize the potential for
adverse environmental impacts.
B.
Applicability. Forestry activities, including timber harvesting,
shall be a permitted use by right in all zoning districts. These regulations
apply to all timber harvesting within the Borough where the project
area exceeds two acres for clear-cutting operations and five acres
for selective-cutting operations. These provisions do not apply to
the cutting of trees for the personal use of the landowner or for
precommercial timberstand improvement. These provisions apply to privately
and publicly owned property. These provisions apply to any site where
there will be clearing of trees for any purpose, if lumber will be
removed from the site.
C.
Notification; preparation of a logging plan.
(1)
Notification of commencement or completion. For all timber-harvesting
operations with a project area exceeding two acres for clear-cutting
operations and five acres for selective-cutting operations, the landowner
shall notify the Zoning Officer at least 10 business days before the
operation commences and within five business days before the operation
is complete. No timber harvesting shall occur until the notice has
been provided. 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.
(2)
Logging plan. Every landowner on whose land timber harvesting is
to occur shall have a written logging plan in the form specified by
this chapter. 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 Zoning
Officer upon request. The plan shall incorporate best management practices
(BMPs) for forestry found in the publications "Best Management Practices
for Pennsylvania Forests," "Best Management Practices for Silvicultural
Activities in Pennsylvania's Forest Wetlands," and "Controlling Erosion
and Sedimentation from Timber Harvesting Operations."
(3)
Responsibility for compliance. The landowner and the operator shall
be jointly and severally responsible for complying with the terms
of the logging plan.
D.
Contents of the logging plan.
(1)
Minimum requirements. As a minimum, the logging plan shall include
the following:
(a)
Design, construction, maintenance and retirement of the access
system, including haul roads, skid roads, skid trails and landings;
(b)
Design, construction and maintenance of water control measures
and structures such as culverts, broad-based dips, filter strips and
water bars;
(c)
Design, construction and maintenance of stream and wetland crossings;
and
(d)
The general location of the proposed operation in relation to
municipal and state highways, including any accesses to those highways.
(2)
Map. Each logging plan shall include a sketch map or drawing containing
the following information:
(a)
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;
(b)
Significant topographic features related to potential environmental
problems;
(c)
Location of all earth disturbance activities such as roads,
landings, and water control measures and structures;
(d)
Location of all crossings of waters of the commonwealth; and
(e)
The general location of the proposed operation to municipal
and state highways, including any accesses to those highways.
(3)
Compliance with state law. The logging plan shall address and comply
with the requirements of all applicable state regulations, including,
but not limited to, the following:
(a)
Erosion and sedimentation control regulations contained in Title
25 Pennsylvania Code, Chapter 102, promulgated pursuant to the Clean
Streams Law (35 P.S. § 691.1 et seq.). An erosion and sedimentation
plan shall be on site and shall be approved by the Berks County Conservation
District when required.
(b)
Stream crossing and wetlands protection regulations contained
in Title 25 Pennsylvania Code, Chapter 105, promulgated pursuant to
the Dam Safety and Encroachments Act (32 P.S. § 693.1 et
seq.).
(4)
Relationships of state laws, regulations and permits to the logging plan. Any permits required by state laws and regulations shall be attached to and become part of the logging plan. An erosion and sedimentation pollution control plan that satisfies the requirements of Title 25 Pennsylvania Code, Chapter 102, shall also satisfy the requirements for the logging plan and associated map specified in Subsections D(1) and (2) of this section, provided that all information required by these paragraphs is included or attached.
E.
Forest practices. The following requirements shall apply to all timber-harvesting
operations in the Borough.
(1)
Felling or skidding on or across any public thoroughfare is prohibited
without the express written consent of the municipality or the Pennsylvania
Department of Transportation, whichever is responsible for maintenance
of the thoroughfare.
(2)
No tops or slash shall be left within 25 feet of any public thoroughfare
or private roadway providing access to adjoining residential property.
(3)
All tops and slash between 25 and 50 feet from a public roadway or
private roadway providing access to adjoining residential property
or within 50 feet of adjoining residential property shall be lopped
to a maximum height of four feet above the ground.
(4)
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.
(5)
Litter resulting from a timber-harvesting operation shall be removed
from the site before it is vacated by the operator.
(6)
Skid trail, skid road, haul road, and landing area design shall be
consistent with Pennsylvania Department of Environmental Protection
guidelines.
(7)
Routes using municipal roads shall be approved by the Borough. The
Borough will also set the maximum gross weight permissible on municipal
roads.
(8)
Hours during which harvesting can occur are subject to Borough approval.
(9)
Landing/staging areas and haul/skid roads shall be restored and reseeded
after the harvest is complete. Site access roads shall be closed to
the general public.
F.
Responsibility for road maintenance and repair: road bonding. 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 municipal
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. No mud/debris shall remain on public roads.
G.
Enforcement.
(1)
The Zoning Officer or other party designated by the Borough Council
shall be the enforcement officer for this section.
(2)
Inspections. The Zoning Officer or other designated party may go
upon the site of any timber-harvesting operation before, during or
after active logging to: a) review the logging plan or any other required
documents for compliance with this section; and b) inspect the operation
for compliance with the logging plan and other on-site requirements
of these regulations.
The following regulations shall apply in specified districts
and in any other case where group development or more than one building
or use is permitted on a lot.
A.
The proposed development shall be constructed in accordance with
an overall plan and shall be designed as or as part of a single architectural
and landscaping scheme. All buildings on a lot shall be arranged in
a group of buildings, and the group of buildings as a unit shall comply
with the area and yard regulations of the district.
B.
The tract of land on which each permitted use is conducted shall
be owned and operated as a single or common management and maintenance
unit, with common open spaces, parking, utility and maintenance facilities.
C.
The distance at the closest point between any two buildings or attached
building shall be not less than 30 feet, except in the Industrial
District, where the distance shall be not less than 60 feet. In no
case shall the minimum distance between buildings be less than the
average height of adjoining buildings.
D.
All public utility lines and similar facilities servicing the proposed
development and its area shall be installed underground, and electric
transformers shall be installed underground or within the walls of
a completely enclosed building.
In order to minimize traffic congestion and hazard, control
street access in the interest of public safety, and encourage the
appropriate development of street or highway frontage, no parking
lot or area for off-street parking or for the storage or movement
of motor vehicles shall abut directly a public street or highway unless
separated from the street or highway by a raised curb, barrier planting
strip, wall or other effective barrier against traffic, except for
necessary accessways, and each parking lot shall have not more than
two accessways to any one public street or highway for each 500 feet
of frontage. Where practicable, access to parking areas shall be provided
by a common service driveway or minor street in order to avoid direct
access on a major street or highway. No such accessway shall be more
than 35 feet in width. Special exceptions for greater width may be
authorized by the Zoning Hearing Board upon application thereto. If
authorized by the Zoning Hearing Board, this accessway may be 50 feet
in width in the Industrial District. Points of vehicular egress shall
not be closer than 100 feet from any intersection in HC, R-4, M and
I Districts.
A.
Intent. The intent of these regulations is to permit home occupations
in districts where it has been determined there is less likelihood
of adverse impacts on nearby residences, generally in the lowest-density
residential areas or mixed-use areas. Regulations have been established
to minimize the potential for adverse impacts from home occupations.
B.
Regulations:
(1)
Only a resident of the dwelling unit may practice the home occupation.
(2)
No storage of materials or products related to the home occupation
shall be permitted outside buildings.
(3)
Not more than one person, whether paid or unpaid, may be employed
by the practitioner of a home occupation. Such person may provide
only secretarial, clerical or other similar assistance.
(4)
No noise, odor, dust, vibration, electromagnetic interference, smoke,
heat or glare resulting from the home occupation shall be perceptible
at or beyond the lot boundaries.
(5)
Any need for parking generated by the home occupation shall be met
off-street on the lot on which the home occupation is conducted. In
addition to the off-street parking spaces required for the dwelling
unit, one off-street parking space shall be provided for each employee
who is not a resident of the dwelling unit. As a minimum, for those
occupations which serve patrons, two additional off-street parking
spaces shall be provided.
(6)
Home occupations shall be conducted within a single-family detached
dwelling with direct access to ground level or in an approved accessory
structure when permission is given by the Borough. Home occupations
are not permitted within mobile homes in mobile home parks.
(7)
Not more than one home occupation shall be practiced in any one dwelling
unit.
(8)
There shall be no alterations made to the outside of the dwelling
in a manner inconsistent with the basic architecture of the dwelling.
(9)
Goods available for retail sale shall be produced in the dwelling
unit, unless incidental to the principal service provided.
(10)
No display of products shall be visible from public streets
or adjacent properties.
(11)
There shall be no outside advertising other than one sign of
not more than two square feet in area on any one side.
(12)
Home occupations shall be incidental or secondary to the use
of the property as a residence.
(13)
Not more than the equivalent of 30% of the area of the first
floor of the dwelling unit may be used for the purposes of the home
occupation.
(14)
In no case shall a home occupation be open to the public at
times earlier than 8:00 a.m. nor later than 6:00 p.m., unless other
hours are approved by the Borough.
(15)
Adequate sewage disposal methods and capacity shall be provided
in accordance with the Pennsylvania Department of Environmental Protection
regulations.
(16)
No truck deliveries shall occur between the hours of 6:00 p.m.
and 8:00 a.m. Delivery trucks shall not be longer than 25 feet and
shall not have more than two axles. Proposed truck service schedules
shall be submitted to the Borough for approval.
Houses of worship shall comply with the following requirements.
A.
The primary organization utilizing the facility shall be a nonprofit
organization registered in the Commonwealth of Pennsylvania.
B.
Principal structures shall have minimum side yards of 50 feet each;
all other setbacks and structures shall be sited in compliance with
the regulations of the district.
C.
One single-family residence is permitted as an accessory use when
located upon the same lot as the principal place of worship, subject
to the following conditions:
(1)
The total floor area of the residential use shall not exceed 25%
of the floor area of the principal structure.
(2)
The residents must be directly involved in the operation of the place
of worship.
(3)
All residential structures shall comply with the structure height
and setback requirements of the zoning district.
D.
Educational and/or day-care facilities are permitted as accessory
uses when located on the same lot as the principal place of worship
and subject to the following conditions:
(1)
If education or day care is offered below the college level, an outdoor
play area shall be provided at a rate of 100 square feet per individual
enrolled. Off-street parking lots shall not be used as outdoor play
areas. Outdoor play areas shall not be located within the front yard
and must be set back 25 feet from all property lines. Outdoor play
areas shall be completely enclosed by a six-foot-high fence and shall
be screened from adjoining residentially zoned properties. Any vegetative
materials located within the outdoor play areas shall be of a nonharmful
type (not poisonous or thorny). All outdoor play areas must provide
a means of shade, such as shade trees or a pavilion(s).
(2)
Enrollment shall be defined as the largest number of students and/or
children under day-care supervision at any one time during a seven-day
period.
(3)
Passenger dropoff areas shall be provided and arranged so that passengers
do not have to cross traffic lanes on or adjacent to the site.
(4)
All structures accommodating education and day-care uses shall be
governed by the location, height and bulk standards applicable to
principal uses permitted within the zoning district.
(5)
Unless the applicant can demonstrate that the off-street parking
associated with the place of worship is sufficient for the proposed
use, one off-street parking space shall be provided for each six students
enrolled below grade 10 and/or one off-street parking space for each
three students in grades 10 and above.
E.
The use shall comply with all other applicable regulations of this
and other Borough ordinances, including but not limited to the requirements
for landscaping, off-street parking (except as noted below), and signage.
F.
Parking.
(2)
Where the place of worship includes accessory use(s) that will operate
during times when the main use is not in operation, the use of shared
parking shall be encouraged. In such cases, the amount of off-street
parking provided need not be equal to the sum that would be required
of all uses on the site, only the sum of all uses in operation at
any one time.
(3)
Off-street parking areas shall be designed and constructed to prevent
traffic from backing onto public streets.
(4)
All required parking shall be located on the site of the facility.
A lot which is of public record and in singular and separate
ownership at the time of the enactment of this chapter may be used
for a permitted use in the district in which it is located; provided,
however, that the minimum and maximum yard, height, and lot coverage
regulations of the district are met.
A.
An accessory building may be erected within one side yard, provided that it is located no further forward than the rear line of the principal building line, and provided that the side and rear yards are not less than three feet each, in accordance with the provisions of § 395-13.
B.
An accessory building may be erected in conjunction with an accessory
use on an adjacent property when separated by a masonry wall free
of any opening and constructed on the common lot line, provided written
consent of the Zoning Officer must be attached to and remain a part
of the application for a building permit for the accessory building.
Where an unimproved lot of record is situated on the same street
frontage with two or more improved lots or one unimproved and one
improved lot, the front yard requirements for the district may be
modified so that the front yard shall be an average of the existing
and required front yard.
Within all districts, the no-impact home-based business 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 may not use any equipment or process 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 may not involve any illegal activity.
At no point on the boundary of any district may the sound pressure
level of any operation exceed the decibel levels in the designated
octave bands shown below for the districts indicated.
|
Octave Band in Cycles per Second
|
Along Residential District Boundaries
Maximum Permitted Sound Level in Decibels
(dbA)
|
At Any Other Point on the Lot Boundary
Maximum Permitted Sound in Decibels
(dbA)
|
|---|---|---|
|
0 to 75
|
72
|
79
|
|
75 to 150
|
67
|
74
|
|
150 to 300
|
59
|
66
|
|
300 to 600
|
52
|
59
|
|
600 to 1,200
|
46
|
53
|
|
1,200 to 2,400
|
40
|
47
|
|
2,400 to 4,800
|
34
|
41
|
|
Above 4,800
|
32
|
39
|
A nonconforming lot which is one of a group of lots in a plan of subdivision recorded in the office of the Berks County Recorder of Deeds, and approved by the Borough in accordance with Chapter 335, Subdivision and Land Development, as amended, and the regulations adopted thereunder, may be used for a permitted use in the district in which it is located, provided:
A.
The square foot area is not less than 40% of the area required at
the time a permit is requested and issued.
B.
The streets and other improvements, as indicated in the said plan
and in the subdivision agreement with the Borough, have been completed
and approved by the Borough, whether or not said improvements have
been accepted for dedication by the Borough.
Clear sight triangles of 60 feet measured along street right-of-way
lines from their points of junction shall be provided at all intersections.
Within the sight triangle, no wall, fence or other structure shall
be erected, altered or maintained, and no hedge, tree, shrub or other
growth shall be planted or maintained which shall interfere with a
free and unobstructed view down and across lands within such sight
triangle.
A.
General requirements.
(1)
Adequate off-street loading and unloading space, with proper access
from a street, highway, common service driveway, or alley, shall be
provided on any lot on which a building for trade or business or an
institution, apartment house or similar use is located. In no case
shall the required space be less than one, and at least one additional
space shall be provided for each 2,000 square feet or fraction thereof
of gross floor area in excess of 1,000 square feet. Each space shall
be not less than 12 feet in width and 30 feet in length. All areas
for the loading and unloading of delivery trucks and other vehicles
and for the servicing of establishments or shops by refuse collection,
fuel and other service vehicles shall have adequate and unobstructed
access from a street, service driveway or alley and shall be so arranged
that they may be used without: a) blocking or otherwise interfering
with the use of automobile accessways, parking facilities or pedestrianways;
or b) backing out onto a street.
(2)
All such areas shall be paved.
B.
Spaces required. Any building erected, converted or enlarged for
any nonresidential use shall provide adequate off-street areas for
loading and unloading of vehicles. Such areas shall be provided in
addition to and independent of any parking area requirements. Off-street
loading spaces must be provided in accordance with the following schedule:
|
Type of Use
|
Number of Loading Spaces
|
|---|---|
|
Commercial
|
1 space for a gross floor area of 5,000 to 25,000 square feet
or fraction thereof, and 1 additional space for each 40,000 square
feet of gross floor area in excess of the first 25,000 square feet
|
|
Office, financial institution, theater, auditorium, hotel, hospital
or other institution, bowling alley or other indoor recreational establishment
|
1 space for a gross floor area of 10,000 to 100,000 square feet
or fraction thereof, and 1 additional space for each 100,000 square
feet in excess of the first 100,000 square feet
|
|
Industry or manufacturing
|
1 space for a gross floor area of 2,000 to 25,000 square feet
or fraction thereof, and 1 additional space for each 20,000 square
feet of gross floor area in excess of the first 25,000 square feet
|
|
Wholesale, storage, or warehousing (excludes mini storage facilities,
for which no loading spaces are required)
|
1 space per establishment and 1 additional space for each 40,000
square feet in excess of the first 10,000 square feet
|
C.
Size. The following table lists required minimum loading space sizes:
|
Use
|
Length
(feet)
|
Width
(feet)
|
Height if Covered or Obstructed
(feet)
|
|---|---|---|---|
|
Industrial, wholesale, and storage uses
|
60
|
12
|
15
|
|
All other uses
|
40
|
12
|
15
|
D.
Surfacing. All loading areas must be surfaced with a bituminous or
concrete paving material.
E.
Location. The loading area must be arranged so that there will be
no need for vehicles to back over public rights-of-way or cause the
stacking of vehicles upon a public street. Except in the Industrial
District, no loading area shall be located between the front wall
of a principal building and the street line. Where possible, off-street
loading facilities shall be located on the side of a building which
does not face adjoining land in a residential district.
F.
Drainage. All loading areas shall be drained so as to prevent damage
to other properties or public streets. All loading spaces shall be
designed to prevent the collection of standing water on any portion
of the loading area surface.
Off-track betting and gaming facilities, when permitted by conditional
use, shall comply with the following requirements.
A.
An off-track betting facility or gaming facility shall not be permitted
within 1,000 feet of any other separately deeded lot containing an
off-track betting facility or gaming facility. The distance between
any two such facilities shall be measured in a straight line, without
regard to intervening structures, from the closest points on each
of the exterior lot lines of the separately deeded lots upon which
each facility is located.
B.
No off-track betting facility or gaming facility shall be located
within 1,000 feet of any residential use. The distance between any
off-track betting facility or gaming facility and any residential
use shall be measured in a straight line, without regard to intervening
structures, from the closest point on the exterior lot line of the
separately deeded lot on which the off-track betting facility or gaming
facility is located to the closest point of the property line of any
residential use.
C.
In relation to specific uses.
(1)
No off-track betting facility or gaming facility shall be located
on the same separately deeded lot or within 1,000 feet of any separately
deeded lot which contains any one or more of the following uses.
(a)
Camp (for minors' activity);
(b)
Child day-care facility;
(c)
House of worship or related use, or other similar religious
facility;
(d)
Community center;
(e)
Museum;
(f)
Parks and playgrounds;
(g)
School or any kind of educational institution that provides
instructions to minors; and
(h)
Other lands where minors congregate.
(2)
The distance between any off-track betting facility or gaming facility
and any of the uses specified above shall be measured in a straight
line, without regard to intervening structures, from the closest point
on the exterior lot line of the separately deeded lot on which the
off-track betting facility or gaming facility is located to the closest
point on the exterior lot line of the separately deeded lot on which
the specified use is located.
D.
No more than one off-track betting facility or gaming facility may
be located within one building or be located on the same separately
deeded lot.
E.
The applicant shall furnish evidence satisfactory to the Borough
that the proposed use will not be detrimental to the use of adjoining
lots due to hours of operation, light and/or litter.
F.
The applicant shall furnish evidence satisfactory to the Borough
as to how the use will be controlled so as to not constitute a nuisance,
particularly concerning noise and loitering outside the building.
G.
A working plan for the cleanup of litter shall be furnished and implemented
by the applicant, subject to the approval by the Borough.
H.
Off-track betting facility and gaming facilities shall be served
by public sewer and public water supply.
I.
The facility shall provide evidence of compliance with all applicable
state and federal regulations.
J.
The facility shall comply with all other applicable regulations of
this and other Borough ordinances, including but not limited to the
requirements for landscaping, off-street parking, and signage.
A.
Every outdoor swimming pool shall conform to all applicable requirements
of state law.
B.
An outdoor swimming pool is permitted only in a side or rear yard
area and must be at least 10 feet from all lot lines. This requirement
applies to any part of the pool structure.
C.
Water shall not be discharged from any swimming pool onto any adjoining
property or into a sanitary sewer.
All off-street parking, loading, access facilities and service
areas used by motor vehicles shall comply with the following provisions:
A.
Every parking space, outdoors or in a garage, shall consist of not
less than 200 square feet of usable area for each motor vehicle. The
required parking area shall be measured exclusively of interior driveways
or maneuvering areas. If the computations result in a fraction, a
full space shall be required for each such fractional amount.
B.
All parking and service areas and approaches thereto for public uses
shall be graded, properly drained, paved and striped.
C.
All parking areas shall be constructed in accordance with all pertinent specifications within Chapter 335, Subdivision and Land Development.
D.
For each drive-in bank teller window a minimum of six vehicle waiting
spaces shall be provided.
E.
For off-track betting and gaming facilities, one parking space for
50 square feet of gross floor area, including but not limited to related
dining, restaurant and snack bar areas.
G.
Parking lots shall be subject to the following buffer requirements:
(1)
In case of a parking lot which is accessory to a permitted use and
which has facilities for five or more automobiles, and boundary or
property line which abuts a residential district or Public/Conservation
District, or a lot used for residence purposes, shall be screened
from the adjacent property by a buffer planting strip not less than
five feet in width, as defined above, except where the Zoning Hearing
Board shall determine as a special exception that such screening is
not necessary or practicable.
(2)
In the case of a parking lot which is a main use, such lot shall
be enclosed, except for entrances or exits, by a buffer area, not
less than four feet in height.
H.
Spaces required.
(1)
Off-street parking spaces must be provided for all uses and for each
building erected or enlarged in accordance with the following schedule.
Uses not specifically listed shall comply with the requirements of
the most similar use listed.
|
Type of Use
|
Minimum of 1 Parking Space for Each
|
|---|---|
|
Residential dwelling
|
1/2 dwelling unit (i.e., 2 spaces per dwelling unit)
|
|
Rooming house
|
Bedroom
|
|
Hotel, motel, bed-and-breakfast
|
Guest sleeping room and each employee
|
|
Office building
|
300 square feet of gross floor area
|
|
Retail store or shop
|
200 square feet of gross floor area
|
|
Eating establishments
|
80 square feet of gross floor area and ground area (excluding
parking) devoted to patron use on the property or 3 seats, whichever
requirement is greater
|
|
Bowling alley, billiard room
|
1/2 lane (i.e., 2 spaces per lane or table)
|
|
Other recreational establishments
|
200 square feet of gross floor area
|
|
Automobile repair, service station
|
400 square feet of gross floor area and ground area devoted
to repair and service facilities
|
|
Shopping center, shopping mall, shopping plaza
|
200 square feet of gross floor area
|
|
Schools
|
Staff member plus 1 space per classroom in an elementary or
junior high school and 1 space per 5 students of projected building
capacity in a senior high school or college
|
|
Other commercial buildings
|
400 square feet of gross floor area
|
|
Hospital, sanitarium
|
1/2 bed (i.e., 2 spaces per bed)
|
|
Auditorium, house of worship, theater, and other such place
of public assembly
|
200 square feet of gross floor area but not less than 4 seats
|
|
Nursery school or private kindergarten
|
600 square feet of gross floor area
|
|
Industrial and heavy commercial establishments
|
1 1/2 employees on major shift but at least 1 space for
each 5,000 square feet of gross floor area
|
|
Funeral home
|
100 square feet of gross floor area
|
|
Clubs, lodges, and other similar places
|
100 square feet of gross floor area
|
|
Outdoor sales, vehicle sales
|
20% of sales area to be reserved for customer parking
|
(2)
In the case of an addition or enlargement of a building existing
on the date of adoption of this chapter, parking spaces must be provided
to the extent to which the required spaces of the altered or enlarged
building exceed those applicable to the original building or use.
I.
Location. Except as restricted elsewhere in this chapter, a ground-level
parking area/lot is permitted in any yard area, provided that it is
at least 10 feet from any property line. The parking area must be
on the same or nearby premises. If on nearby premises, the nearest
point of the parking lot shall be not further than the following distances
to the nearest point of the property served: 100 feet in the case
of a commercial use; 300 feet in the case of an industrial or institutional
use; and 200 feet in the case of a residential use.
J.
Layout. Parking areas must be arranged so there will be no need for
motorists to back over public rights-of-way.
K.
Parking area adjacent to street. For multifamily and nonresidential
use, where a parking area or other area open to movement of vehicles
abuts the right-of-way of a public street, a pipe railing, post and
chain barricade, raised curbs, or equally effective devices satisfactory
to the Borough Engineer must line the public right-of-way except at
accesspoints so that parked vehicles will not extend into the street
right-of-way or sidewalk.
L.
Paving. All required parking areas and all access drives shall be
paved with concrete or bituminous paving material or other paving
material acceptable to the Borough Engineer.
M.
Drainage. All parking lots shall be drained so as to prevent damage
to other properties or public streets. All parking lots shall be designed
to prevent the collection of standing water on any portion of the
parking lot surface. A parking lot for more than five vehicles must
be approved by the Borough Engineer relative to grading and drainage.
N.
Marking of parking spaces. Each parking space for a multifamily,
commercial, institutional or industrial use in a parking area or lot
shall be clearly marked by a permanent, durable, contrasting material.
A.
Plans for any industrial use shall be submitted to the Borough for
referral to the Planning Commission prior to the issuance of any zoning
permit or certificate of occupancy, as provided herein, and such plans
shall include among other things the following:
(1)
A plot plan of the lot showing the location of all present and proposed
buildings, drives, parking lots, waste disposal fields and other constructional
features on the lot, and all buildings, streets, alleys, highways,
streams and other topographical features of the lot and within two
100 feet of any lot line;
(2)
Architectural plans for any proposed buildings;
(3)
A description of the industrial operations proposed in sufficient
detail to indicate the effects of those operations in producing traffic
congestion, noise, glare, air pollution, water pollution, fire hazards
or safety hazards;
(4)
Engineering and architectural plans for the treatment and disposal
of sewage and industrial waste;
(5)
Engineering and architectural plans for the handling of any excess
traffic congestion, noise, glare, air pollution, water pollution,
fire hazard or safety hazard;
(6)
Designation of the fuel proposed to be used and any necessary architectural
and engineering plans for controlling smoke and air pollution;
(7)
The proposed number of shifts to be worked and the maximum number
of employees on each shift; and
(8)
Any other relevant data or evidence that the Borough may require
for review and recommendation to the Borough.
B.
The Planning Commission shall review all plans for any industrial
use submitted to it and shall submit these plans, with recommendations
thereon, to the Borough Council for final consideration.
C.
Upon receipt of plans for any industrial use, and recommendations
thereon by the Planning Commission, the Borough Council shall have
the power of approval or disapproval of these plans, based on the
following:
(1)
That the plan is consistent with the Comprehensive Plan for the orderly
development of the Borough and with the purpose of this chapter to
promote the health, safety, morals, and the general welfare of the
Borough.
(2)
That the appropriate use of property adjacent to the area included
in the plan will be safeguarded.
(3)
That the development will consist of a harmonious grouping of buildings,
service and parking area circulation and open spaces, planned as a
single unit, in such manner as to constitute a safe, efficient and
convenient industrial site.
(4)
That there is adequate provision made for safe and efficient pedestrian
and vehicular traffic circulation within the boundaries of the site.
(5)
That provision is made for safe and efficient ingress and egress
to and from public streets and highways serving the site without undue
congestion to or interference with normal traffic flow within the
Borough.
(7)
That all buildings within the development shall be served by a central
sanitary sewage disposal system.
(8)
That, if the development is to be carried out in progressive stages,
each stage shall be so planned that the foregoing requirements and
intent of this chapter shall be fully complied with by the development
at the completion of any stage.
All procedural requirements of the subdivision regulations shall
be adhered to.
A.
The additional information to be shown. The following information
shall be shown on plans submitted for approval in addition to those
requirements of the subdivision regulations:
(1)
Floor area (in square feet) of apartment-dwelling units in accordance with the provisions of § 395-20.
(2)
Number of bedrooms per apartment-dwelling unit.
(3)
Total number of apartment-dwelling units.
(4)
Total number of acres in proposed plan.
(5)
Total number of all off-street parking spaces.
(6)
Exterior vertical and horizontal building dimensions and plans.
(7)
Ground area of buildings and percent of total area covered.
(8)
Certification of a registered engineer as to above data.
A.
No building or structure may be erected, altered or used, and no
lot or premises may be used for any activity which is noxious, injurious
or offensive by reason of dust, smoke, odor, fumes, noise, vibration,
gas, effluent discharge, illumination, or similar substances or conditions.
B.
No land or structures in any zoning district shall be used or occupied
in any manner that creates any nuisance in such manner or in such
amount as to adversely affect the reasonable use or value of the surrounding
area or adjoining premises or be dangerous to public health or safety.
C.
No building or structure may be erected within a street right-of-way
except for official traffic signs, utility poles, streetlights, street
signs, United States Postal Service mailboxes, and other similar structures
approved by the Borough.
D.
Private mailboxes and/or newspaper boxes are permitted, provided
that no portion of the mailbox and/or newspaper box or supporting
structure shall extend beyond the back edge of the street curb where
curbs are installed. Along streets with no curb, no portion of the
mailbox and/or newspaper box shall extend to within three feet of
the cartway edge.
A.
General.
(1)
All water requirements shall be stated in application.
(2)
No permit for construction, building or use of building and/or land
shall be issued until satisfactory proof of the availability and supply
of water is furnished the Zoning Officer.
(3)
No wells may be dug or drilled on the premises except by permit.
(4)
Where available, all potable water services shall be supplied by
water distribution companies operating and supervised as municipal
or public utilities by virtue of the laws of the commonwealth and
the ordinances of the Borough.
B.
Commercial and industrial.
(1)
Water required on the premises for commercial or manufacturing purposes,
including air conditioning, shall be supplied by water distribution
companies, unless the water distribution companies are not available,
and provided a permit is granted by the Water Authority in accordance
with the ordinances of the Borough.
(2)
Where surface water or groundwater sources are existing and available,
or can be developed on the premises without impairment to similar
services on adjacent or near property or to public water supplies,
they may be used for air conditioning with water recirculation upon
special exception granted by the Zoning Hearing Board.
No lot shall be so reduced that the area of the lot or the dimensions
of the required open space shall be less than herein prescribed.
In the HC and VC Districts, and subject to the requirements
of the zone, except as herein modified and provided:
A.
The drive-through service shall have access to either an arterial
or collector road. Drive-through service must receive a conditional
use approval in the HC or VC District.
B.
Exterior trash receptacles shall be provided and routinely emptied
so to prevent the accumulation of litter.
C.
All drive-through-window lanes shall be separated from the internal
accessways of the parking lot.
D.
Any exterior speaker/microphone system shall be arranged and/or screened
to minimize the impact of objectionable noise impact upon adjoining
properties.
E.
All exterior seating and play areas shall be completely enclosed
by a fence having a minimum height of three feet.
F.
No part of the subject property shall be located within 200 feet
of any residential zoning district or use.
G.
Uses providing outdoor activities shall provide sufficient screening
and/or landscaping measures to mitigate visual and/or audible impacts
on adjoining properties.
H.
As part of the special exception criteria, the applicant shall submit
a traffic impact study to demonstrate that adequate ingress and egress
facilities can be provided.
I.
The applicant shall demonstrate that adequate stacking lanes can
be provided to prevent vehicle backups onto adjoining roads. The stacking
lanes shall not count as parking spaces.
In the VC or HC District, and subject to the requirements of
the zone, except as herein modified and provided:
A.
All off-street parking and/or loading areas shall be screened from
adjoining residents and roads.
B.
All restaurant seating shall be provided within the completely enclosed
building, except that limited exterior seating may be provided, if:
(1)
Such seating is situated and designed so as not to adversely impact
nearby residences;
(2)
Such seating is accessory to the principal interior seating accommodations;
(3)
During use, such seating is continuously supervised by an employee
or owner of the restaurant;
(4)
Any lighting or music systems serving such seating is designed and
operated so as not to constitute a nuisance to adjoining properties;
(5)
The applicant shall furnish and implement a working plan for the
continuous cleanup of litter and debris that may result from outdoor
seating; and
(6)
Such seating is removed during seasons when not in use.
A.
No smoke shall be emitted from any chimney or other source of a shade
of visible gray greater than No. 1 on the Ringelmann Smoke Chart as
published by the U.S. Bureau of Mines.
B.
Smoke of a shade not darker than No. 2 on the Ringelmann Chart may
be emitted for not more than four minutes in any 30 minutes.
C.
These provisions, applicable to visible gray smoke, shall also apply
to visible smoke of a different color, but with an equivalent apparent
capacity.
A.
From the time an application for approval of a subdivision or land
development plan, whether preliminary or final, is duly filed as provided
in the Borough Subdivision and Land Development Ordinance, and while
such application is pending approval or disapproval, no change or
amendment of the Zoning Ordinance shall affect the decision on such
application adversely to the applicant, and the applicant shall be
entitled to a decision in accordance with the provision of this chapter
as it stood at the time the application was duly filed. In addition,
when a preliminary application has been duly approved, the applicant
shall be entitled to final approval in accordance with the terms of
the approved preliminary application as hereinafter provided. However,
if an application is properly and finally denied, any subsequent application
shall be subject to the intervening change in the Zoning Ordinance.
B.
When a preliminary or final subdivision or land development plan
has been approved or approved subject to conditions acceptable to
the applicant, no subsequent enactment or amendment in the Zoning
Ordinance or plan shall be applied to affect adversely the right of
the applicant to commence and to complete any aspect of the approved
development in accordance with the Pennsylvania Municipalities Planning
Code.
A.
Purpose and intent. The purpose of this chapter is to allow the optional
development and redevelopment of land consistent with the design principles
of traditional neighborhoods. A traditional neighborhood development
(TND):
(1)
Is compact;
(2)
Is designed for the human scale;
(3)
Provides a mix of uses, including complementary residential, commercial,
civic, and open space uses in close proximity to one another within
the neighborhood in order to facilitate human interactions and opportunities
to meet daily retail, office and service needs within walking distance
of residences;
(4)
Provides a mix of housing styles, types and sizes to accommodate
households of all ages, sizes and incomes;
(5)
Incorporates a system of interconnected streets with sidewalks, bikeways,
and/or transit that offers multiple routes for motorists, pedestrians
and bicyclists and provides for the connections of those streets to
existing and future developments;
(6)
Retains existing buildings with historical features or architectural
features that enhance the visual character of the community;
(7)
Incorporates significant environmental features into the design and
provides green space and recreational opportunities;
(8)
Contains buildings which are oriented toward and define the streetscape;
and
(9)
Is consistent with the Southern Berks Regional Comprehensive Plan.
B.
Applicability.
(1)
Traditional neighborhood development may be developed on 10 acres
or more of contiguous land under single ownership at any location
within the Mixed Use/Employment Center District. A TND shall contain
a minimum of 30 acres in order to contain listed commercial uses.
The Borough may allow commercial and light industrial uses within
smaller TNDs via the land development plan approval process if the
site of the TND is considered appropriate for commercial development
by location, access and market analysis. The Borough may also deny
commercial uses in a TND 30 acres or larger via the land development
plan review if the commercial uses proposed would have a detrimental
effect on the TND, surrounding neighborhoods or properties or streets
abutting the TND, and/or such commercial development is not supported
by market analysis.
C.
Design standards.
(1)
Mix of uses. In order to achieve the proximity necessary to make
neighborhoods walkable, it is important to mix land uses. A traditional
neighborhood development shall consist of a mix of residential uses,
a community center, and open space, as listed below:
(a)
Residential uses.
[1]
A mix of residential dwelling types shall be provided. The following
types can occur anywhere within the traditional neighborhood development:
[2]
The minimum and maximum percentage of dwelling unit types in
the TND is as follows, according to the size of the TND:
|
Percentage of Total Dwelling Units in TND
| |||
|---|---|---|---|
|
TND Greater than 30 Acres
|
TND 30 Acres or Less
| ||
|
Minimum
|
Maximum
|
Minimum
|
Maximum
|
|
40%
|
60%
|
40%
|
60%
|
|
10%
|
30%
|
10%
|
30%
|
|
10%
|
30%
|
10%
|
20%
|
|
10%
|
15%
|
5%
|
10%
|
|
—
|
10%
|
—
|
10%
|
|
10%
|
20%
|
—
|
10%
|
(b)
Other uses.
[1]
A community center, composed of a mix of commercial, residential,
civic or institutional, and open space uses, as identified below,
must be provided in a traditional neighborhood development of 50 acres
or more in size. The development shall be planned so that dwelling
units are within 1/2 mile of the community center. The community center
is intended as a mixed-use area to provide uses which meet the retail
and service needs of residents within the TND and surrounding residential
development and provide compatible public and institutional uses of
community-wide importance. Drive-through facilities and drive-in service
are not permitted. Mixed-use buildings and live/work buildings are
permitted.
[2]
The location of commercial uses is subject to land development
plan approval by the Borough and may be allowed on the periphery of
the TND site if designed to serve other residential developments in
addition to the TND. Such periphery commercial uses shall be buffered
from surrounding residential areas in a manner subject to approval
by the Borough. Nonresidential uses intended to serve an area beyond
the TND itself shall be located to permit vehicular access from outside
the TND to minimize traffic passing through neighborhood residential
areas.
[a]
Commercial uses in the community center. Individual
businesses shall not exceed 2,500 square feet in size. The following
pedestrian-oriented uses are permitted:
[i]
Food services (such as neighborhood grocery stores;
butcher shops; bakeries; restaurants; delicatessens; cafes; confectionery;
coffee shops; neighborhood bars or pubs);
[ii]
Retail uses (such as florists; hardware stores;
news and stationery stores; bookstores; studios and shops of artists
and artisans; pharmacies; music or video stores; convenience store
without gasoline service);
[iii]
Services (such as day-care centers; music, dance
or exercise studios; health salons; professional and medical offices;
barber; hair salon; dry-cleaning shop; self-service laundry; bank
or other financial institution); and
[iv]
Accommodations (bed-and-breakfast establishments,
small hotels or inns).
[b]
Residential uses in the community center.
[c]
[d]
Open space uses in the community center.
[ii]
In addition to the open spaces within the community
center, open spaces shall be incorporated elsewhere in the traditional
neighborhood development. The TND shall contain a central common open
space area of a minimum of 20,000 square feet in size and smaller
common open space areas of a minimum of 5,000 square feet in size.
In no case shall the central common open space area be less than 1.5%
of the gross acreage of the TND, provided that, in the case of a TND
substantially larger than the minimum required size, the Borough may
allow a lesser percentage. Each neighborhood shall contain as its
central focus at least one common open space area or park. The size,
distribution, and number of greens are subject to approval by the
Borough.
(c)
Open space uses identified below shall be incorporated in the
traditional neighborhood development, as appropriate. Large outdoor
recreation areas should be located at the periphery of neighborhoods
rather than central locations. The design of the TND shall maximize
the visibility of open spaces as vistas and perimeter greenbelts.
(2)
TND standards.
(a)
Common open space. At least 30% of the gross acreage of the
traditional neighborhood development must be common open space. At
least 25% of the common open space must be common open space devoted
to usable parks, greens, playgrounds and tot-lots. Ninety percent
of the lots within the areas devoted to residential uses shall be
within 1/4 mile from common open space. Large outdoor recreation areas
should be located at the periphery of neighborhoods rather than central
locations.
(b)
Density.
[1]
The overall density of the development shall not exceed 5.5
dwelling units per acre. For each affordable housing unit, as defined
herein, one additional dwelling unit shall be permitted up to a maximum
density of 6.5 dwelling units per acre.
[2]
The applicant shall demonstrate that the affordable housing
units will be sold or rented at a market rate for the target population
and shall provide acceptable arrangements for retaining those units
for the target population at the time of resale or re-renting. Affordable
housing units shall blend into the neighborhood in design and appearance
and be interspersed throughout the neighborhood rather than be concentrated
in a particular section.
(c)
Commercial space. Where commercial uses are permitted by the
Borough, the minimum and maximum total ground floor areas of commercial
uses, as a percentage of the traditional neighborhood development,
are as follows:
|
Ground Floor Area of Commercial Uses
| ||
|---|---|---|
|
Size of TND
|
Minimum
|
Maximum
|
|
10 to 30 acres
|
1%
|
3%
|
|
Greater than 30 acres
|
0.6%
|
5%1
|
|
NOTES:
| |
|---|---|
|
1
|
Provided that the maximum ground floor area shall be 85,000
square feet.
|
(d)
Lot and block standards.
[1]
Block and lot size diversity. A variety of lot sizes should
be provided that allow diverse housing choices.
[2]
Lot dimensions, setbacks, and coverages shall be as follows,
except as otherwise noted in the subsection regarding the community
center area or below.
|
Minimum Lot Size
(square feet)
|
Minimum Lot Width
(feet)
|
Minimum Front Yard
(feet)
|
Minimum Side Yard
(feet)
|
Minimum Rear Yard
(feet)
|
Maximum Impervious Lot Coverage
(%)
| |
|---|---|---|---|---|---|---|
|
Single-family detached dwelling
|
4,400
|
40
|
10
|
5 one side, 15 total
|
5
|
65%
|
|
Single-family semidetached dwelling (per unit)
|
3,500
|
35
|
10
|
5 one side, 15 total
|
5
|
70%
|
|
Townhouse, outside community center
|
2,400
|
24
|
10
|
10 end of row
|
5
|
70%
|
|
Townhouse, within community center
|
1,200
|
24
|
0
|
0
|
0
|
100%
|
|
Multifamily building
|
4,000
|
40
|
10
|
10
|
5
|
65%
|
|
Mixed-use building
|
1,200
|
24
|
10
|
10
|
5
|
70%
|
|
Commercial building
|
2,000
|
20
|
10
|
5 when not attached
|
10
|
75%
|
|
Commercial building abutting residential properties
outside the TND, if permitted by the Borough
|
10,000
|
60
|
25
|
20
|
25
|
70%
|
(e)
Building setbacks in community center area.
[1]
Structures in the community center area have no minimum setback.
Commercial and civic or institutional buildings should abut the sidewalks
in the community center area.
(f)
Setbacks from tract boundaries. All buildings shall be set back
a minimum of 50 feet from tract boundaries. Where a road forms a tract
boundary, the 50 feet shall be measured from the street right-of-way
line. All common parking areas shall be set back a minimum of 20 feet
from tract boundaries and screened from view of surrounding properties.
When townhouses and apartments are located within 100 feet of a tract
boundary and the abutting land is used for single-family detached
dwellings, a planting screen shall be placed along the tract boundary
between the townhouses and apartments and the single-family detached
dwellings.
(g)
Public sanitary sewer and public water service are required.
(h)
A green space of at least 25 feet in width shall be maintained
along any tract boundary which abuts lots with existing single-family
detached dwellings. Such green space shall be landscaped in accordance
with a landscape plan approved by the Borough.
(i)
The total impervious coverage within the TND shall not exceed
45% of the gross tract area.
(3)
Architectural standards.
(a)
Guidelines for existing structures. If existing structures have
been determined to be historic or architecturally significant, they
shall be protected from demolition or encroachment by incompatible
structures or landscape development. The U.S. Secretary of the Interior's
Standards for Rehabilitation of Historic Properties shall be used
as the criteria for renovating historic or architecturally significant
structures.
(b)
Guidelines for new structures.
[1]
Height. New structures within a traditional neighborhood development
shall be no more than three stories and 35 feet for single-family
detached dwellings, single-family semidetached dwellings, and townhouses,
or three stories and 45 feet for commercial, apartment, mixed-use
buildings, and live/work buildings.
[2]
Entries and facades.
[a]
The architectural features, materials and the articulation
of a facade of a building shall be continued on all sides visible
from a public street, courtyard, common open space area, or park.
[b]
The front facade of the principal building on any
lot in a traditional neighborhood development shall face onto a street
or a common open space area, courtyard or park or other common area,
if rear access is provided.
[c]
The front facade shall not be oriented to face
directly toward a parking lot, except when commercial uses are permitted
to do so by the Borough.
[d]
Architectural elements shall define the front entrance
to all residences.
[e]
New structures on the same street shall have compatible
architecture.
[f]
All residential, commercial, live/work and mixed-use
buildings in a neighborhood shall be compatible and form an integrated
streetscape.
[g]
Garages shall be placed along alleys unless an
alternative is approved by the Borough, such as garages not served
by an alley shall have an architectural treatment or placement, such
as being set back from the front of the house or rotated, so that
the garage doors do not face any adjacent streets, to minimize the
visual impact of the garage.
[h]
The facade of any building or row of buildings
facing a street shall incorporate windows and contain surface treatments
to create visual interest and break up visual massing of building
facades.
(c)
Preparation and approval of architectural standards.
[1]
Prior to final approval of the subdivision plan for a TND by
the Borough, the applicant shall prepare architectural standards which
will apply within the TND. These standards are subject to approval
by the Borough.
[2]
Architectural elevation drawings of all typical residential
and nonresidential dwellings and buildings shall be provided to the
Borough as part of the development application. The style of architectural
details, such as, but not limited to, window fenestration, roof pitch,
door style, porch design, and facade materials and colors, shall be
subject to Borough approval.
(d)
Exterior signage. A comprehensive sign program, subject to the
approval of the Borough, is required for the entire TND in order to
establish a uniform theme. Signs shall share a common style (such
as shape or material). In the community center area, signs shall be
wall signs, projecting signs, or awning signs. Projecting signs shall
be mounted perpendicular to the building face and shall not exceed
eight square feet. Wall signs shall be sized and placed to fit within
the architectural elements but shall not exceed 16 square feet. Awning
signs shall maintain a clear height of at least 10 feet and maximum
of six feet in depth out in front of the building. Material shall
be canvas cloth or an equivalent material, but in no case shall shiny
or reflective material as well as metal, plastic or glass be permitted.
Lettering shall be limited to 12 inches vertically. Illumination of
any sign shall be from a concealed indirect source only.
(4)
Circulation standards. The circulation system shall provide for different
modes of transportation. The circulation system shall provide functional
links within the residential neighborhoods, community center area,
and open space and shall be connected to existing and proposed external
development when required by the Borough. The circulation system shall
provide adequate traffic capacity, provide connected pedestrian and
bicycle routes (especially off-street bicycle or multi-use paths or
bicycle lanes on the streets), and promote safe and efficient mobility
through the traditional neighborhood development.
(a)
Pedestrian circulation. Convenient pedestrian circulation systems
that minimize pedestrian-motor vehicle conflicts shall be provided
continuously throughout the traditional neighborhood development.
Where feasible and appropriate, any existing pedestrian routes through
the site shall be preserved and enhanced. All streets, except for
alleys, shall be bordered by sidewalks on both sides unless otherwise
permitted by the Borough. The following provisions also apply:
[1]
Residential sidewalks. Clear and well-lighted sidewalks built
in compliance with Borough ordinances shall connect all dwelling entrances
to the adjacent public sidewalk.
[2]
Community center sidewalks. Clear and well-lit walkways shall
connect building entrances to the adjacent public sidewalk and to
associated parking areas. Such walkways shall be a minimum of five
feet in width.
[3]
Disabled accessibility. Sidewalks shall comply with the applicable
requirements of the Americans with Disabilities Act.
[4]
Crosswalks. Intersections of sidewalks with streets shall be
designed with clearly defined edges. Crosswalks shall be well-lit
and clearly marked with contrasting paving materials at the edges
or with other method approved by the Borough.
(b)
Bicycle circulation. Bicycle circulation shall be accommodated
on streets and/or on dedicated bicycle paths. Where feasible and appropriate,
any existing bicycle routes through the site shall be preserved and
enhanced. Facilities for bicycle travel may include off-street bicycle
paths (generally shared with pedestrians and other nonmotorized users)
and separate, striped, four-foot bicycle lanes on streets. If a bicycle
lane is combined with a lane for parking, the combined width shall
be 12 feet.
(c)
Public transit access. Where public transit service is available
or planned, convenient access to transit stops shall be provided.
Where transit shelters are provided, they shall be placed in highly
visible locations that promote security through surveillance and shall
be well-lighted.
(d)
Motor vehicle circulation. Motor vehicle circulation shall be
designed to minimize conflicts with pedestrians and bicycles. Traffic-calming
features may be used to encourage slow traffic speeds.
(e)
Street hierarchy. Each street within a traditional neighborhood
development shall be classified according to the following (arterial
streets should not bisect a traditional neighborhood development):
[1]
Collector. This street provides access to commercial or mixed-use
buildings, but it is also part of the major street network. On-street
parking, whether diagonal or parallel, helps to slow traffic. Additional
parking is provided in lots to the side or rear of buildings.
[2]
Local street. This street provides primary access to individual
residential properties. Traffic volumes are relatively low.
[3]
Alley. These streets provide secondary access to residential
properties. Alleys may also provide delivery access or alternate parking
access to commercial properties.
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Table 1. Attributes of Streets in a Traditional Neighborhood
Development1
| |||
|---|---|---|---|
|
Collector
|
Local Street
|
Alley
| |
|
Auto travel lanes
|
2 or 3 twelve-foot lanes
|
2 ten-foot lanes
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2 eight-foot lanes for two-way traffic, or 1 twelve-foot lane
for one-way traffic
|
|
Bicycle lanes
|
2 four-foot lanes combined with parking lanes
|
None
|
None
|
|
Parking
|
None, one, or both sides; 8 feet wide, each side
|
None, one, or both sides; 8 feet wide, each side
|
None (access to individual drives and garages outside right-of-way)
|
|
Curb and gutter
|
Required
|
Required
|
Not required
|
|
Planting strips*
|
Minimum 5 feet
|
Minimum 5 feet
|
None
|
|
Sidewalks
|
Both sides, 5 feet minimum
|
Both sides
|
None
|
|
NOTES:
| |
|---|---|
|
1
|
The Borough may allow variation or relief from these standards.
The Borough may also allow alternative roadway concepts, such as one-way
streets and yield streets.
|
|
*
|
Planting strips are not required in community center areas when
permission is granted by the Borough.
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(f)
Street layout. The traditional neighborhood development should
maintain the existing street grid, where present, and restore any
disrupted street grid, where feasible, and shall propose an interconnected
street grid pattern. Culs-de-sac are prohibited unless specific permission
is granted by the Borough.
[1]
Street orientation. The orientation of streets should enhance
the visual impact of common open spaces and prominent buildings. All
streets shall terminate at other streets or at public land, public
streetscape feature, specifically designed building facade, or gateway
to public space, except local streets may terminate in stub streets
when such streets act as connections to future phases of the development.
Local streets may terminate other than at other streets or public
land when there is a connection to the pedestrian and bicycle path
network at the terminus.
[2]
Alleys shall not form the boundary of a park, common open space
area, or greenbelt unless approved by the Borough. If approved, the
Borough may require that a wall or other screen a minimum of six feet
in height be used for separation.
[3]
Generally, there shall be a continuous network of alleys to
the rear of lots within the TND, unless otherwise permitted by the
Borough.
[4]
To prevent the buildup of vehicular speed, disperse traffic
flow, and create a sense of visual enclosure, long uninterrupted segments
of straight streets shall be avoided. Streets shall be interrupted
by intersections, a vista or notable street curve, or other traffic-calming
means acceptable to the Borough.
(g)
Parking requirements.
[1]
In the community center, any parking lot shall be located at
the rear or side of a building. If located at the side, landscaping
acceptable to the Borough shall be provided along the perimeter of
the parking lot.
[2]
A parking lot or garage may not be adjacent to or opposite a
street intersection, be adjacent to greens or parks, or occupy lots
which terminate a vista.
[3]
Parking lots or garages must provide not less than one bicycle
parking space for every 10 motor vehicle parking spaces.
[4]
Adjacent on-street parking to a lot or building may apply toward
the minimum parking requirements.
[5]
Adjacent parking lots shall have vehicular connections.
[6]
Off-street parking may be located within 600 feet (measured
along a publicly accessible route) from the lot containing the use
to which the parking is accessory. The lot containing the parking
shall be owned or leased by the owner of the principal use, or the
lot containing the parking shall be dedicated to parking as long as
the use to which it is accessory shall continue and it is owned by
an entity capable of assuring its maintenance as accessory parking.
(h)
Service access. Access for service vehicles should provide a
direct route to service and loading dock areas while avoiding movement
through parking areas. Loading areas shall not be visible from public
streets.
(i)
Trash disposal areas shall be located within buildings or an
opaque screened area which hides the trash and is located to the side
or rear of the building.
(j)
Outdoor lighting.
[1]
Streetlighting shall be provided along all streets in a manner
acceptable to the Borough. Generally, more smaller lights, as opposed
to fewer high-intensity lights, should be used, and streetlights shall
be installed on both sides of the street at intervals of no greater
than 75 feet unless alternative schemes are approved by the Borough.
The design of lighting shall be compatible with the architecture of
the TND.
[2]
Exterior lighting shall reduce glare onto adjacent properties,
and the design of such lighting is subject to the approval of the
Borough.
(5)
Landscaping and screening standards. The composition and location
of landscaping shall complement the scale of the development and its
surroundings. An overall landscaping scheme shall be prepared and
is subject to approval by the Borough. Earthen berms may be incorporated
into the landscaping scheme. The following are minimum standards.
(a)
General screening. Where screening is required by this chapter,
it shall be at least three feet in height, unless otherwise specified.
Required screening shall be at least fifty-percent opaque throughout
the year. Required screening shall be satisfied by one or some combination
of a decorative fence not less than fifty-percent opaque behind a
continuous landscaped area; a masonry wall; or a hedge.
(b)
Street trees. A minimum of one deciduous canopy tree per 40
feet of street frontage, or fraction thereof, shall be required. Spacing
will be determined by the species type. Large maturing trees shall
generally be planted along residential streets and along parks, greens,
greenbelts and civic structures. Small maturing trees shall generally
be planted along nonresidential and mixed-use streets. Trees can be
clustered and do not need to be evenly spaced. Trees should preferably
be located between the sidewalk and the curb, within the landscaped
area of a boulevard, or in tree wells installed in pavement or concrete.
If placement of street trees within the right-of-way will interfere
with utility lines or if required by the Borough, trees may be planted
within the front or side yard setback adjacent to the sidewalk.
(c)
Parking area landscaping and screening.
[1]
All parking and loading areas fronting public streets or sidewalks
and all parking and loading areas abutting residential uses shall
provide:
[2]
Parking area interior landscaping. The corners of parking lots,
"islands," and all other areas not used for parking or vehicular circulation
shall be landscaped. Vegetation can include turf grass, native grasses
or other perennial flowering plants, vines, shrubs or trees. Such
spaces may include architectural features such as benches, kiosks
or bicycle parking.
(d)
Installation and maintenance of landscaping materials.
[1]
All landscape materials shall be installed to current industry
standards.
[2]
Maintenance and replacement of landscape materials shall be
the responsibility of the property owner, homeowners' association,
or condominium association. Landscape maintenance should incorporate
environmentally sound management practices, including the use of water-
and energy-efficient irrigation systems such as drip irrigation, pruning
primarily for plant health and public safety, and replacing dead materials
annually.
[3]
Plantings in immediate proximity to buildings shall respect
architectural design. Plantings toward the street shall not obscure
important buildings and respect views to and from streets, porches,
walks, and public open spaces.
(6)
Stormwater management. The design and development of the traditional
neighborhood development should minimize off-site stormwater runoff,
promote on-site filtration, and minimize the discharge of pollutants
to groundwater and surface water. Natural topography and existing
land cover shall be maintained/protected to the maximum extent practicable
and desirable.
A.
Vehicle storage.
(1)
Except as otherwise provided by this chapter, in all districts, dismantled
or partially dismantled or abandoned automobiles, tractors, recreational
vehicles, trailers and trucks must be parked or stored within an enclosed
building.
(2)
In a residential zone, any noncommercial vehicle which exceeds eight
feet in height and/or exceeds 21 feet in length, when not placed within
an enclosed building, shall be placed between the rear wall of the
principal building and the rear setback line. Such vehicles may not
be placed within a side setback area.
B.
Outdoor stockpiling. Except as provided in other Borough ordinances,
in residential or VC districts, tire stockpiles, metal pipes, automobile
parts, and similar objects and materials must be stored in a garage
or an enclosed storage structure. In a commercial or industrial zone,
such items must be stored in a garage or enclosed storage structure
or be completely shielded by landscaping, walls or fencing so as to
screen the object(s) in all seasons of the year from the street or
adjoining properties. All such storage must be accessory to an existing
principal building.
C.
Trash or junk. Except as provided in other Borough ordinances, the
accumulation of trash or junk out of doors for a period in excess
of 15 days is prohibited in all districts.
D.
Front yard. In all districts, no outdoor stockpiling of any material
or outdoor storage of trash is permitted between the front wall of
the principal building and the street line. Automobile wrecking and
junkyard operations are exempt so long as such uses comply in all
other respects with applicable regulations.
A.
In the case of a lot abutting the right-of-way for the constructed
portion of the Schuylkill River Trail ("Trail"), the larger of the
front yard or rear yard requirements applicable to that lot shall
be observed from the right-of-way of the Trail.
B.
Any building or structure, parking or loading area, or outdoor storage area proposed to be located within 50 feet of the Trail right-of-way shall be screened from view of the Trail in accordance with § 395-15, Buffer yards, of this chapter.
C.
Existing vegetative buffers or portions thereof along the Trail shall
not be removed except to remove invasive species, correct hazardous
conditions, or perform necessary maintenance to remove dead vegetation
or enhance the existing buffers.