Zoning - Article 5 (Schuylkill Haven)

502. NUISANCES AND HAZARDS TO PUBLIC SAFETY.

A. No land owner, tenant nor lessee shall use or allow to be used land or structures in a way that seriously threatens to or creates any of the following conditions:

1. Communicable disease or other public health hazards, including activities that encourage the breeding of disease-prone insects or rodents.
2. Significant physical hazards to the public, especially hazards that would be easily accessible by small children.
3. Activity that prevents a neighboring landowner of ordinary sensitivities from making reasonable use of their property.
4. Activity that creates a significant hazard to public health and safety because of serious explosive, fire, biological, biogenetic or toxic hazards.
5. Activity that causes serious pollution to groundwater's
505. STEEP SLOPES.

A. Applicability. If an area of a lot including slopes of 15 percent or greater is proposed for construction of buildings, streets or driveways or non-agricultural grading, then the applicant shall submit a steep slope site plan to the Zoning Officer. These submittal requirements may be met by including the required information on subdivision/ land development plans.

B. Plan. A steep slope site plan shall meet the following requirements:
1. Show detailed slope contours for all areas that potentially may be disturbed and constructed upon,
2. Identify all areas of 15 percent to 25 percent and greater than 25 percent slope,
3. Be to scale (such as 1 inch = 50 ft.),
4. Show substantial areas of trees and dense vegetation proposed to be removed or preserved prior to or during the development of the use,
5. Be stamped by a professional surveyor, professional engineer, or registered landscape architect,
6. Show proposed locations of principal buildings, streets, driveways, on-lot septic fields and other areas of soil disturbance, *
7. State the maximum slope of proposed driveways and streets, and
8. Show an area of 20 feet around the proposed principal building locations.
* If the exact location of these features is not definitely determined at the time of plan submittal, then the plan shall designate the outer limits of areas where such features may potentially be located. If different locations outside of the approved location would be proposed after approval of the site plan, then the applicant shall prove to the Zoning Officer that the revised location would still meet the requirements of this Section.
C. 15 to 25 Percent. If a proposed principal building and driveway location and any areas within 20 feet of such location on the lot include more than 1,000 square feet with 15 percent or greater slopes, but do not include more than 1,000 square with slopes greater than 25 percent, the following regulations shall apply, unless more restrictive regulations are stated elsewhere in this Zoning Ordinance:
1. Minimum lot area of ten acres per dwelling unit or per principal non-residential use. and
2. Maximum impervious coverage of five percent.

D. Greater than 25 Percent. If a proposed principal building location and any areas within 20 feet of such location on the lot include more than 1,000 square feet with slopes greater than 25 percent, then the Zoning Officer shall not permit the construction of such principal buildings within the proposed location.

E. Erosion Control. See Section 511.

F. Grading; Man-Made Slopes. No grading shall occur in such a way that would circumvent the requirements of this Zoning Ordinance, such as prior to submittal for a zoning or building permit or subdivision or land development approval. The steep slope requirements shall apply based on the slope of land at the time of the adoption of this Zoning Ordinance. This section shall not apply to man-made slopes that naturally were not 15 percent or greater slope.

G. Driveways. A new driveway shall not be built that would require cutting against contours through an area of 30 percent or greater natural slope for 75 feet or longer, measured in a straight line.

506. THREATS TO WATER QUALITY.

A. No substance shall be stored in such a way that it could be washed into the groundwater or surface water, if such substance could seriously contaminate groundwater or surface water or serious harm aquatic life of a waterway.

B. If a substance threatens groundwater or surface water contamination, it shall be stored within an impermeable containment. Such storage shall be surrounded if needed by a berm that would drain any spilled substance to a engineered collection area, or other method approved in writing by the Borough Council or DEP.

507. SEWAGE DISPOSAL.

A. All methods of wastewater disposal shall meet requirements of DEP, the Borough Sewer Authority and the Official Borough Sewage Facilities Plan, as amended, as applicable. Uses within 300 feet of a sanitary sewer line connected with a public sewer system shall be required to connect to the line.

B. Review of on-lot systems. Any septic system is required to be reviewed by the Sewage Enforcement Officer (SEO) for adequacy if a change of use or expansion of use would cause a significant increase in sewage flows, or if there would be an increase in the number of dwelling units. If the SEO determines that a system is malfunctioning or undersized, improvements may be required to the system prior to such change of use or expansion.

C. Back-up System. Any lot using an on-lot septic system that is to be granted final subdivision approval as part of a subdivision after the adoption of this section shall include a second open unpaved land area suitable for an alternate septic system location. Such site shall be found suitable based on soil probes, but not necessarily a perc test, by a State-certified Sewage Enforcement Officer and found in writing to meet State setback and slope requirements. The soil probes shall be located a minimum of 15 feet from the boundaries of the proposed primary septic system. A Borough sewage permit is not specifically required at the time of subdivision approval for such back-up system.

D. On-lot systems and lot area. A more restrictive minimum lot area may be established by the SEO based on DEP regulations.

508. NOISE.

A. No principal or accessory use, or its operations, shall generate a sound level exceeding the limits established in the table below, when measured at the specified locations:

Sound Level Limits by Receiving Land Use/ District

Land Use or Zoning District Receiving the Noise

Hours/Day

Maximum Sound Level

10 feet inside a Residentially Zone Lot

1) 7 a.m. to 9 p.m. other than Sundays, Christmas Day, Thanksgiving Day, New years Day, Labor Day and Memorial Day

2) 9 p.m. to 7 a.m. plus all day Sundays, Christmas Day, Thanksgiving Day, New Years Day, Labor Day and Memorial Day

1) 68 DBA

2) 63 DBA

10 feet inside any Lot Line not listed above

All times and days

73 DBA

B. The maximum permissible sound levels in the above table shall not apply to any of the following:

1. Sound needed to alert people about an emergency.
2. Repair or installation of utilities or construction of structures, sidewalks or streets.
3. Household power tools and lawnmowers.
4. Agricultural activities, including permitted raising of livestock, but not exempting a commercial kennel.
5. Railroads, aircraft or vehicles operating on a public street.
6. Public celebrations specifically authorized by the Borough Council or a County, State or Federal Government agency or body.
7. Unamplified human voices or the sounds of pets.
8. Ringing of bells and chimes by a place of worship.

509. VIBRATION

No use shall ge
510. ODORS AND DUST.

No use shall generate odors or dust that are significantly offensive to persons of average sensitivities beyond the boundaries of the subject lot.

A. This restriction shall not apply to odors or dust created by permitted agricultural uses that are using "normal farming practices" within: a) Act 133 of 1982, as amended, the State "Right to Farm Act" or b) an official Agricultural Security Area. This odor restriction shall apply to uses that do not follow the farming practices referenced in those State laws, such as if manure is not plowed under within a reasonable period of time.
511. GLARE.

A. Street Lighting Exempted. This Section 511 shall not apply to street lighting that is owned, financed or maintained by the Borough or the State.

B. Glare. All lights and signs shall be designed and operated to reasonably minimize the amount of light and glare they generate onto residential lots and streets. All light sources, including signs, shall be properly diffused as needed with a translucent or similar cover to prevent exposed bulbs from being directly visible from streets, public sidewalks, dwellings or adjacent lots. All light sources, including signs, shall be shielded around the light source and carefully directed and placed to prevent the lighting from creating a nuisance to reasonable persons in adjacent dwellings and to prevent the lighting from shining into the eyes of passing motorists.

C. Height of Lights. No luminaries spotlight or other light source that is within 200 feet of a dwelling shall have a height exceeding 25 feet above the average surrounding ground level. This limitation shall not apply to lights needed for air safety nor lights intended solely to illuminate an architectural feature of a building.

D. Flickering. Flashing, flickering or strobe lighting are prohibited, except for non-advertising seasonal lights between October 25th and January 10th.

512. EROSION CONTROL, DRAINAGE, FILLING, EXCAVATION, AND GRADING.

A. Grading and Erosion Plans. In advance of any earth disturbance (including grading, filling and excavation), other than crop farming, an appropriate sedimentation and erosion control and grading plans shall be submitted to the Zoning Officer if such work:
1. Involves an area greater than 0.5 acre,
2. Will create finished slopes greater than 3: 1, or
3. Involve alteration of areas with a natural slope in excess of 15 percent.
These plans may be subject to reviews by the Borough Engineer and the County Conservation District.

B. Erosion. Earth moving activities and the stripping of vegetation shall be held to a reasonable minimum to avoid erosion. All Borough permits are granted on the condition that State erosion and sedimentation regulations and any submitted erosion and sedimentation plan are complied with. Failure to comply with such regulations or plan shall be cause for suspension of Borough permits.

C. Drainage. The ground adjacent to a building shall be graded so that surface water will be drained away from such building and away from on-lot septic fields. Adequate stormwater control shall be used to protect buildings on the subject lot and all adjoining property. This shall include, but not be limited to, measures to prevent high-velocity, concentrated runoff from damaging other property and causing erosion.

D. Grading shall not be completed in such a way that soils, rocks or other debris are left in an unsightly fashion nor in a fashion that interferes with drainage, streets or utilities.

E. Fill. Materials used for fill as a future base for construction shall be nonbiodegradable, well compacted and provide a suitable and secure base.

F. Dumping. Outdoor dumping of junk or solid waste in other than an approved solid waste disposal facility, composting facility or junkyard is prohibited.

G. Stripping of Topsoil. Sufficient top soil to grow grass and similar vegetation shall remain on all land, except for areas approved to be paved.

513. FLOOD-PRONE AREAS.

A. Purposes. To prevent loss of life and destruction and damage of property; to avoid government expenditure for flood protection, rescues and reconstruction; to avoid public health and safety hazards; to avoid increases in flood levels and velocities; and to reduce the numbers of persons unknowingly investing in land or new structures that are prone to flooding.

B. Floodplain Applicability. The regulations of this Section shall apply throughout the entire Borough as "overlay" zoning regulations that supplement the zoning district regulations. Where the regulations of this Section differ from the regulations of any other Section of this Zoning Ordinance, the provision that is more restrictive on development shall apply. See the "Liability" section in Article I.

C. Description of Floodplain Areas. For the purposes of this Article, the "100-Year Floodplain" shall be those areas identified as "Special Flood Hazard Areas Inundated by 100-Year Flood" or such similar designation on the latest version of the official Flood Insurance Study for the Borough as issued by the U.S. Department of Housing and Urban Development or its successor agency which shall hereafter be referred to as the "Federal Floodplain Study."
1. Floodway - shall mean the channel of a stream plus any adjacent portions of the 100-Year Floodplain that must be kept free of encroachment in order to prevent the increase of flood levels by more than one foot.
2. Flood-Fringe - shall mean portions of the 100-Year Floodplain that are not within the 100-Year Floodway.
3. Floodplain Amendments. The Borough Council may officially amend the 100-Year Floodplain to account for man-made or natural changes, or to incorporate an updated Federal or State study or to accept an appropriate professional study that provides a detailed analysis of a specific segment of a waterway. However, any official amendment of the official Floodplain Map requires prior approval of the Federal Insurance Administration or its successor agency.
4. Interpretation.
a. The Zoning Officer shall initially determine the location of the 100-Year Floodplain areas based upon the Federal Floodplain Study.
b. Where exact measurements do not exist, the boundaries of the 100-Year Floodplain areas shall be determined by scaling distances from the official Floodplain Map. The Zoning Officer may request the advice of the Borough Engineer.
c. The applicant may appeal such determination to the Zoning Hearing Board as a variance. In such case, the full burden of proof shall be on the applicant to prove that the determination of the Zoning Officer or the study being used is not accurate. See the standards for a professional floodplain study in part "513.D.4" below.
5. Definitions. For the purposes of this Zoning Ordinance, the following terms shall have the following meanings:
a. Development. Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations. The term "development" shall also include but not be limited to the placement or development of a "mobile/manufactured home" (as defined below) on a lot.
b. Historic Structure. A structure that is:
i) Listed individually on the National Register of Historic Places or preliminary determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register, or
ii) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historic significance of a registered historic district or a district preliminarily determined by the Secretary of the Interior to qualify as a registered historic district, or
iii) Individually listed on a local inventory of historic places under a program that has been certified by the PA Historical and Museum Commission.
c. Mobile/Manufactured Home. Shall mean either: i) a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities; or b) any recreational vehicle or travel trailer that is placed on a lot for more than 180 consecutive days.
d. Substantially Improved. See Section D.6.c.

D. Permitted and Prohibited Uses in the 100-Year Floodplain.
1. Within the 100 Year Floodplain, each of the following is prohibited:
a. Construction of new buildings,
b. Construction, development, placement or extension of a structure that could inhibit the passage of 100-Year floodwater or that could reduce the water carrying capacity of a 100-Year Floodplain,
c. Filling in or grading within the 100-year floodplain, other than minor finished grading or excavation that the applicant proves to the written satisfaction of the Borough Engineer will not result in a net reduction in the water carrying capacity of the floodplain,
d. Redirection of a perennial waterway, other than stream improvements authorized by the PA. Fish and Boat Commission that are intended solely to improve aquatic habitats,
e. The development or expansion of any of the following uses:
1. Manufactured/ mobile homes or manufactured/ mobile home parks,
2. Jails or prisons,
3. Nursing homes or hospitals,
4. Junkyards or solid waste disposal facilities,
5. Bulk manure storage, or
6. Grave sites of cemeteries.
f. Storage of any substances, items or materials that would be:
1. Buoyant and not anchored or tied down or easily moved within the time available after a flood warning,
2. Toxic,
3. Highly hazardous,
4. Explosive, or
5. Radioactive.
g. Any new or substantially improved structure that will be used for the production or storage of any of the following substances or substances involving a similar degree of hazards or any use involving the maintenance of more than 550 gallons of any of the following substances:
1. Acetone,
2. Ammonia,
3. Benzene,
4. Calcium Carbide,
5. Carbon disulfide,
6. Celluloid,
7. Chlorine,
8. Hydrochloric acid,
9. Hydrocyanic acid,
10. Magnesium,
11. Nitric acid and oxides of nitrogen,
12. Petroleum products (such as gasoline and fuel oil),
13. Phosphorus,
14. Potassium,
15. Sodium,
16. Sulphur and sulphur products,
17. Pesticides (including insecticides, fungicides and rodenticides),
18. Radioactive substances, insofar as such substances are not otherwise regulated,
19. Such other substances regulated as "hazardous" under Federal or State regulations that would represent a threat to water quality.

2. Standards. Before any action affecting the 100-Year Floodplain occurs, the applicant shall prove to the written satisfaction of the Borough Engineer that:
a. All applicable Borough, State and Federal requirements have been met and applicable permits have been granted,
b. Compensating improvements will be made to prevent any net increase in flood levels or adverse affects on flood velocities and drainage patterns,
c. Prior notice has been given of such proposal to: any municipalities that will be affected by a change in a alteration or relocation of a waterway has been given prior notice of such proposal, the PA. Department of Community Affairs and the U.S. Federal Emergency Management Agency, and
d. No development, filling in or grading will occur within the 100-year Floodplain that would cause an increase in the 100-year flood elevations.
3. Permitted Uses. Permitted uses in the 100-year floodplain (except areas that an applicant proves are not within the 100-year floodway) shall be limited to the following uses, provided that such uses are permitted by the underlying zoning district and will meet the other requirements of this Section:
a. Nature preserves,
b. Plant nurseries,
c. Outdoor recreation uses,
d. Golf courses,
e. Parking areas,
f. Yard/ setback areas,
g. Parking areas (see "setbacks from Schuylkill and Ohio Rivers" in Section 504),
h. Crop farming,
i. Below ground and elevated utilities, and
j. Bridges, culverts and similar structures that the applicant proves to the written satisfaction of the Borough Engineer will:
i) Pass over the 100-Year Floodplain, or
ii) Carry storm water within a Borough-approved storm water improvement, or
iii) Float over floodwater, or
iv) Allow 100-Year floodwater to easily pass through the structure without causing debris to block the flood channel.

4. Flood Fringe Areas. To avoid the prohibition of construction of structures within the 100-Year Floodplain, an applicant may prove to the satisfaction of the Zoning Hearing Board as a special exception, based upon review by the Borough Engineer, that a particular portion of the 100-Year Floodplain is within the 100-year flood fringe and not within the 100-Year Floodway. Such proof shall be based upon a professional hydrological study. Such study shall:
a. Only be conducted by a professional engineer, licensed surveyor, registered landscape architect or hydrologist,
b. Follow current accepted hydraulic technical methods and Federal standards,
c. Provide sufficient analysis and computation information for the Borough Engineer to determine that the study is accurate.
5. Flood Fringe. If a floodplain study provided for within the standards of part "4." above is accepted by the Zoning Hearing Board, then such study shall be used to define the areas within the 100-year floodway and 100-year flood fringe within the studied areas. Structures and additions to structures may then be permitted within the areas determined to be within the 100-year flood fringe. In such case, within those areas of the 100-year floodplain found not to be within the 100-year floodway, the following provisions may apply:
a. All new buildings and all existing buildings that are "substantially improved", as specified in Section "6" below, shall be: 1) anchored to resist flotation, collapse and lateral movement, and 2) fully flood proofed in compliance with this Zoning Ordinance, any Borough Building Codes and applicable Federal and State standards. This shall include but not be limited to the following:
1. The elevation of the lowest floor (including the basement) of any new or substantially improved residential structure shall be a minimum of 1.5 feet above the 100 year flood elevation. Enclosed areas below this lowest floor are prohibited.
2. The elevation of the lowest floor (including the basement) of any new or substantially improved non-residential structure shall a) be a minimum of 1.5 feet above the 100 year flood elevation, or b) be flood proofed up to that height.
a. Enclosed areas below this lowest floor (including the basement) are prohibited.
b. Such required flood proofing shall follow the standards for completely or essentially dry structures stated in the Army Corps of Engineers' "Flood Proofing Regulations" publication or some equivalent standard acceptable to the Borough Engineer. The applicant shall ensure that plans for such flood proofing shall be certified by a professional engineer or architect certifying that a building has been adequately designed to withstand the 100-year flood elevations, pressures, velocities, impact and uplift forces associated with a 100-year flood and that utility extensions have been designed to take the 100-year flood levels fully into account.

6. Existing Structures in Floodplains.
a. Structures that existed prior to the adoption of this Section within the 100-year floodplain shall not be expanded or enlarged, except:
1. If a professional floodplain study proves that the area is not within the 100-year floodway and the expansion meets the requirements for the 100-year flood fringe, or
2. For additions of unenclosed features such as porches or any upper story additions that are not "substantial improvements" provided that such additions do not decrease the water carrying capacity of the 100-year floodplain, or
3. If any negative effects on 100-year flood heights are fully offset by accompanying improvements.
b. Any modification, alteration, reconstruction or improvement to a structure that existed prior to the adoption of this Section within the 100-year floodplain that is equal in value to less than 50 percent of the structure's market value ** shall to the greatest extent possible be elevated and/or flood proofed.
c. Any modification, alteration, reconstruction or improvement to a structure that existed prior to the adoption of this Section within the 100-year floodplain that is equal in value to 50 percent or more of the structure's market value** (which shall be considered to be "substantially improved") shall only occur in full compliance with the provisions of this Article.
** Based upon the value of the structure before the improvement or repair started and before any flood damage that may be being repaired.
d. Historic and Safety Exception. Parts "b" and "c" above shall not apply to improvements that are necessary to comply with a Borough, County or State health, safety or sanitary regulation or to historically rehabilitate and restore a "historic structure" (see definition above).
e. The applicant shall provide written information to the Zoning Officer on the lowest floor elevation of each structure approved within the 100-year floodplain.
f. Basement shall be defined for the purposes of this Section as any area of a building having its floor below ground level on all sides.
7. Floodplain Variances.
a. A variance shall not be granted to the provisions of this Article if the variance would result in unacceptable increased flood heights or to increased threats to the public safety. Any variances to this Article shall be annually reported to the Federal Insurance Administration.
b. If a variance is granted to allow construction of a structure below the 100- year floodplain elevation, the applicant should be notified in writing by the Zoning Officer that such construction will likely result in increased premium rates for flood insurance, and that the applicant may be creating a risk to life and property, and that the applicant is completing such work at his/her own risk.
c. The variance shall be the minimum necessary to afford relief.
d. A variance shall not be granted for any development within the 100-year floodway that would cause an increase in the 100-year flood elevations.
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nerate vibration that is perceptible to an average person through their senses, without the use of measuring instruments, on private property beyond the exterior lot line of the use generating the vibration. This requirement shall not apply to occasional non-routine blasting that may be necessary during construction of streets, structures and utilities.

C. All hazardous substances shall be properly labeled, and shall be in compliance with the PA. Worker and Community Right to Know Act.

or surface waters. See Section 506.

B. It is the responsibility of every property owner to ensure that their property does not threaten public health or safety, and to remove or alter any structure or situation that threatens the public health and safety. This includes, but is not limited to structurally unsound structures, including those damaged by fire. The Borough does not accept responsibility to identify or address all such hazards.