HomeMy WebLinkAbout96-04949
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FRANK C. EGGER,
Appellant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUN1Y, PENNSYLVANIA
96- i/fj ifl t Ii. ...I...;t:le-
CIVIL ACTION - LAW
ZONING APPEAL
vs.
NEWVILLE ZONING HEARING BOARD,
Appellee
APPEAL or FRAHK C. EGGER FROM
DECISIOH or KEWVILLE IOHING HEARING BOARD
DATED AUGUST 8, 1'"
NOTICE or APPEAL
AND NOW, comes Frank C. Eqqer, affected landowner, pursuant
to the Pennsylvania Municipalities Planninq Code, Act of July 3,
1968, P.L. 805, as amended, 53 P.S. 11001-A et seq. appeals the
Decision of the Newville Zoninq Hearinq Board announced on
August 8, 1996, and in support thereof represents as follows:
1. The Appellant (Hereinafter "Landowner") is Frank C.
Eqqer, who resides at 15 West Biq Sprinq Avenue, Newville,
CUmberland County, Pennsylvania 17241.
2. The Landowner operates a business known as Frank C.
Eqqer Funeral Home at the same address.
3. The Appellee is the Newville Zoninq Hearinq Board, a
quasi judicial administrative body in the Borouqh of Newville,
cumberland County, with offices at 4 We.t street, Newville,
Pennsylvania 17241.
4. On or about July 5, 1996, the Landowner filed an
Application with the Zoninq Kearinq Board: (a) appealinq from a
Zoning Officer Decision, (b) requesting certification of a non-
conforminq use and/or structure; and (c) substantively
challenging the Zoninq Ordinance, a true and correct copy of
which Application i. attached hereto, aade a pa.t hereof, and
aarked Exhibit "A".
5. A hearing va. held on July 25, 1'" and on Auquat e.
1996 .
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6. The Landowner has been advised that following the
hearing on August 8, 1996 a verbal decision was announced by the
Zoning Hearing Board. The decision was reduced to writing on or
about August 14, 1996, and a signed copy was hand delivered to
the Landowner by a member of the Zoning Hearing Board at his
residence on or about August 16, 1996. A true and correct copy
of the written Decision handed to the Applicant is attached
hereto, made a part hereof and marked Exhibit "B".
7. The Decision of the Zoning Hearing Board upheld the
decision of the Zoning Officer, denied Landowner's request for
certification of a non-conforming use/structure and denied the
Applicant's substantive challenge.
8. The Landowner/Appellant believes and therefore avers
that the Decision of the Zoning Hearing Board is unsupported by
the evidence, constitutes an error of law and/or abuse of
discretion and/or is arbitrary and capricious for the following
alternative reasons:
a. The evidence in the case unequivocally established
that in 1971, when the Applicant purchased the property in
question, the parkinq lot of the funeral home was improved
with a standard type commercial parking lot dusk to dawn
light 25 1/2 feet from the ground. The light has been
continuously maintained since that time. The Zoning
Ordinance in question was adopted in 1973. Therefore, the
Landowner i. entitled, as a matter ot law, to continue the
non-contoraing use/structure.
b. The Zoning Hearinq Board erred in findinq that
the liqht had been "substantially Changed" in 1979. On the
contrary, the evidence unequivocally demonstrates that no
.ignificant chanq. was made 1n 1979 and/or that minor
chanqe. made by PP'L Were standard Change. in technology
made vithout consulting the Landowner.
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c. The Zoning Hearing Board erred in failing to find
that the changes in the light fixture and the light bulb by
PP&L constituted reasonable, necessary business improvements
initiated by Pennsylvania Power & Light to which the
constitutional protection of the non-conforming
use/structure applies.
d. The Notice of Violation received by Applicant, a
true and correct copy of which is attached hereto as part of
Exhibit "A", alleges that the Applicant's light violated the
provisions of Section 5.4.1 and/or 5.4.2 of the Zoning
Ordinance. The Zoning Ordinance specifically provides a
definition of "glare" in Section 5.6.4.10(1). The Borough
of Newville failed to prove that the parking lot light in
question violated the definition of glare. Further, the
evidence offered by PP&L unequivocally demonstrated that no
such glare impacts adversely upon the property of Robert
Hershey, supposedly affected by the parking lot light.
e. The unequivocal testimony of the supposedly
affected neighbor, Robert Hershey, established that:
i. The parking lot light did not bother him
during the Summer;
ii. The light only bothered
family in their outdoor activities in
November and March.
Based upon the testimony of the neighbor, any glare caused by the
parking lot light is de minimis and does not constitute a
violation of the ordinance provisions allegedly being violated.
f. The Zoning Hearing Board erred in failing to find
a. fact that any shielding of the light in question could
advers.ly i.pact upon the ability of the light to protect
the .afety and .ecurity of u.ers of the parking lot.
g. The Zoning Hearing Board erred in finding that the
parking lot light and pole in que.tion failed to meet the
him and his
their backyard
between
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requirement of being a non-conforming structure and/or use
protected under the Ordinance. On the contrary, Subsection
5.6.4.10 of the Zoning Ordinance requires that private
parking lot lights not exceed the height of 16 feet. The
light on the pole in question is and has been at a height of
25 1/2 feet, predating the adoption of the Zoning Ordinance
and is therefore a non-conforming structure and/or use.
h. The Zoning Hearing Board erred in finding that the
Robert Hershey property is adversely affected by "indirect
glare". The term "indirect glare" is defined in
section 5.6.4.10(2) of the Zoning Ordinance and has no
applicability under the fact of this case.
i. The evidence unequivocally establishes that the
Township Code Enforcement Officer, who issued the Notice of
Violation and represented the Borough of Newville as its
witness, had not inspected the property in question. The
Zoning Hearing Board therefore had absolutely no evidentiary
basis upon which to find the Notice of Violation properly
issued.
j. The Zoning Hearing Board erred in
conclude as a matter of law that the light
valid non-conforming use and/or structure.
k. The Zoning Hearing Board erred in concludlng as a
matter of law that the light and fixtures in question
violates the provisions of the Zoning Ordinance.
1. The Zoning Hearing Board erred in concluding as a
matter of law that the parking lot light could be shielded
without adversely affecting safety and security in the
parking lot at the Egger Funeral Halle.
II. The Zoning Hearing Board erred in conCluding as a
matter of law that the neighbor Robert Hershey is
unreasonably annoyed by the light in question in violation
of the provisions of the loni"9 Ordinance.
failing to
in question
is a
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9. The Landowner/Appellant believes and therefore avers
that the actions taken by the Borough of Newville against the
Landowner are irrational, arbitrary and/or taken for improper
motives violating the Applicant's right to substantive due
process under the Constitution of the united states and/or the
Constitution of Pennsylvania based upon the following facts
established of record in the case:
a. The Landowner's neighbors allegedly adversely
affected by glare from the Landowner's parking lot light,
Mr. and Mrs. Robert Hershey, resided at their home residence
for a number of years but did not complain about the light.
b. Mrs. Robert Hershey is the secretary of the
Borough of Newville and works in the Borough Office with the
Borough Manager, Fred A. Potzer.
c. Mr. Hershey complained to Mr. Potzer.
d. On or about March 13, 1996 Borough Manager Potzer
caused the Newville Borough Planning Commission to "view
first hand" the situation about which the Hersheys
complained. The so called "view" was held without any
notification to Mr. Egger and without his knowledge.
e. On or about March 25, 1996 Borough Manager Potzer
caused the PP'L to attempt to place a shield on the
Landowner's light without Checking with the Landowner.
f. On or about May 31, 1996, an attorney for the
Landowner submitted a request to the Borough of Newville to
place the matter on hold and attempt to shield the light in
que.tion in the Fall after the leave. were down. Thi.
reque.t was rejected by the Borough.
g. On or about June 12, 1996, Borough Manager Potzer
prepared a letter to the Landowner over the siqnature of
Glenn Harry, COde. Enforc..ent Officer
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h. Codes Enforcement Officer Harry signed the letter
and mailed it to the Landowner. At the time, however,
Mr. Harry had not investigated the situation in any manner.
i. Mr. Robert Hershey testified at the hearing that
the light in question does not bother the interior of his
home and does not bother his use of his property when the
leaves are on the trees in his backyard.
j. Mr. Robert Hershey testified that the only bother
from the light is during the months of the year when the
leaves were down and only affected their backyard
activities. Mr. Hershey, however, failed to enumerate any
specific backyard activities which occurred during the
months of November through March.
k. The Borough of Newville acted solely to protect the
unrea.onable expectations of its Borough's Secretary and her
husband, ignoring and disregarding the rights of members of
public attending services at the Egger Funeral Home during
the hours of darkness to the safety and security afforded by
the parking lot light.
1. The Landowner avers and therefore believes that the
government actions in question have been taken arbitrarily,
irrationally and/or for improper motive. designed to address
a very minor concern of the Borough's Secretary and have
proceeded to further deny the substantive due process rights
of the Applicant a. follows:
i. By involving the Newville Borough Planning
Commis.ion which has no authority to act or aake
r~endation. in any ..tter arising under the Zoning
Ordinance.
U. In atteapUft9 to coerce PP'L to aake chal\ge.
in the light fixture without notifyift9 the Landowner;
and/or
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iii. By causing the Enforcement Officer to issue a
Notice of Violation without investigating the propriety
of the alleged violation;
iv. By sending only the Codes Enforcement Officer
to defend his Notice of Violation without
investigation, and without evidence that the standards
of the Ordinance alleged to be violated were in fact
violated.
v. By ignoring and disregarding entirely the
rights of patrons of the Egger Funeral Home to safety
and security in their use of the parking lot during
hours of darkness.
For the foregoing reasons, the Landowner believes and
therefore avers that the Borough of Newville has violated his
right to substantive due process and is equitably estopped from
taking any action to interfere or change in any way the current
status of the light in the parking lot at the Landowner's
property.
WHEREFORE, the Landowner/Appellant, Frank C. Egger. requests
Your Honorable Court to reverse the Decision of the Newville
Zoninq Hearing Board and to find as fact and conclude as law as
follows:
A. That the parking lot light in question is a valid non-
conforming use/structure entitled to protection under the laws of
the Commonwealth of Pennsylvania and/or the United States of
America; and/or
8. That the Notice of Violation, issued by the Code
Enforcement Officer, from which the Landowner appealed, was
erroneously issued, that the cited provisions of the Ordinance
were not violated, and that the Decision of the Zoninq Hearing be
ravened; and/or
C. The Iorough of Newville violated the rights of the
Landowner to subetantlve due process under the constitution of
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APPEAL FROM ZONING OFFICER DECISION.
REOUEST FOR CERTIFICATION OF
NON-CONFORMING STRUCTURE AND USE
AND SUBSTANTIVE CHALLENGE
TO THE ZONING HEARING BOARD OF THE BOROUGH OF NEWVILLE,
CUMBERLAND COUNTY, PENNSYLVANIA:
1. Name and address of the Appellant/Applicant is:
Frank C. Egger
Frank C. Egger Funeral Home
15 West Big Spring Avenue
Newville, CUmberland County, Pennsylvania 17241
2. The address of the property involved is:
15 West Big Spring Avenue
Borough Newville, CUmberland County, Pennsylvania 17241
3. The Appellant/Applicant is the owner of the property.
4. The name and address of the Applicant/Appellant's attorney
who will be representing the Applicant/Appellant at the
hearing is:
Dale F. shughart, Jr.
Fowler, Addams, Shughart' Rundle
28 South Pitt Street, P. O. Box 208
Carlisle, PA 17013
5. The property is presently used as follows:
Property in question is a funeral home, residential
dwelling and parking lot for funeral home.
6. The Appeal taken by the Appellant/Applicant is as follows:
By letter dated June 12, 1996, a copy of which is
attached bereto as Exhibit "A", Glenn Harry, COde.
Enforcement Officer, Borough of Newville allege. that the
Applicant/Appellant is in violation of Sections 5...1 and
5.4.2 of the Newville Borough loning Ordinance. The
allegation i. that the dusk to dawn light illuainating the
parking lot for the funeral hoae "causes an offensive
hhiblt "A"
illumination or glare by artificial light which is deemed by
the Newville Borough to be an annoyance or disturbance to
the owners or occupants of surrounding properties."
a. pursuant to Article VI, section 6.1-6.4 of the
zoning ordinance, the APpellant/Applicant requests that his
dus~ to dawn light be certified as a non-conforming
structure and use.
b. pUrsuant to Section 8.4.1 of the Newville Borough
zoning ordinance and section 615 and 909.1(3) of the
pennsylvania Municipalities Planning code (hereafter MPC),
the APpellant/Applicant appeals the decision of the codes
Enforcement Officer.
c. pursuant to section 8.4.2 of the Newville Borough
Zoning ordinance the APpellant/APplicant states a
substantive challenge to the validity of sections 5.4.1 and
5.4.2 of the zoning ordinance if such provisions are
construed to prohibit a 100 watt light, as used by the
APpellant/APplicant, from being used to illuminate a
commercial parking lot.
7. The grounds for appeal/application and substantive challenge
are as follOWS:
a. t!on-contor1llina use/9t'ructure.. The dusk to dawn
light fixture and light source in question is a valid non-
conforming structure and use. The light pole and fixture in
question was erected in 1964. The purpose of the light is
to provide illumination to the funeral home parking lot.
The light source is and has been a 100 watt light on a two
foot bracket. The structure and use in question has been a
continuoUS operation since prior to the adoption of the
loning ordinance and is a valid non-conforming structure and
us. entitled continue in existence and use.
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b. The provisions of the Zoning Ordinance which the
Codes Enforcement Officer alleges have been violated have
not in fact been violated. Section 5.4.1 of the Zoning
Ordinance refers to "illumination by artificial light or
light reflection beyond the limits of the lot."
Section 5.4.2 of the Zoning Ordinance refers to "glare
beyond" lot lines. Illuminatio~glare from the light in
question does not extend beyond the lot and its visibility
is not an unreasonable annoyance or disturbance to
surrounding properties. The neighbor who complained about
the light, Hr. Robert Hershey of 8 West Main Street, has a
residence which is at least 200 feet from the source of the
light. The light illuminates only 50 feet from the center
of the light which is within Appellant/Applicant's lot
lines.
In construing the meanings of Sections 5.4.1 and 5.4.2
of the Zoning Ordinance, the words used in the Ordinance are
to be considered in their common and ordinary sense unless
otherwise defined in the Ordinance. Further, the Ordinance
may not be unreasonably construed to cause a forfeiture of
property rights. The light emanating from the 100 watt bulb
in question is consistent with street lights erected and
maintained on public streets of the Borough of Newville for
illumination of the general public during the hours of
darkness. As a matter of law, the Applicant's light, being
consistent with pUblic lights, cannot be considered a
violation of the provisions of the Ordinance. Illumination
in the parking lot of the funeral hOllle is reasonably
necessary for the safety and convenience of individuals
aaking arrangeaents or attending service. at the funeral
holM. A reduction ot the allOunt ot illuainatlon provided
would cau.e a safety halard for individuals using the
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ru/21/1~~5 04:05
FRI\I'I<C EGGER
P.\GC 01
'CelebtaUnl;1lhe /OOUl annJ""rsClry
of Ule founlaltJ III /996'
lo~ugb of
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Borough Council/Woter and Sewer Authority/ Zoning Hearing Board/Planning Commission
Cumberland County
4 West st. Newville, PA t 7241
/
~X~IQ, II \'P }
Hr. Frenk C. Egger
15 We.t Big Spring Avenue
Newville. PA 17241
June 12. 1996
Dur Hr. Egser:
A. you .re .ware, the Borough of Newville he., in load t.ith, .ttempted
a compl.int received by the Borough regarding the du.k to d.wn light in
parking are. to the rear of your property at IS We.t Bil Spring Avenu..
thet this Detter has not been ra.olved I.ti.tactorily to the Borough of
you are hereby given notice of the following:
to re.ol ve
the
In
!lewv Hie .
1. The Borough of N.wvilla intendl to proceed with .n enfo~e~nt proceedine
.g.inet you in .ccord.nce with the provi.ion. of Section 7.S.1 for
violation of the Newville Borough Zoning Ordinance.
2. The property in violation 1. 15 Welt lig Spring Avenue, Newville, PA.
3. The .pecific viol.tion i. that there i. er.ct.d to the re.r of your
property a du.k to dawn light which i. d....d to be in violation of
Section 5.4.1 and 5.4.2 of the Newville Boroulh Zoninl Ordinance which
c.u.e. .n offenaive illumination or glare by .rtifici.l lieht which I.
deemed by the Newville Borough to b. .n annoy.nce or di.turbance to the
ovner. and occupant. of .urroundine propertie.. You haye failed to
cooperate with the Borough in having . ahield placed upon the du.k to
dawn light vhich would reduce the illumin.tion and lIar..
4. You are hereby edvi.ad to coma.nce within t.n (10) 48y. of tha data of
thi. lett.r the nec....ry .tepI to lnet.ll an .ppropriat. Ihield on the
light fiature which would reduce the illumination aad Ilare c.u.ing an
annoY.llce or disturbance to the owners aad occup.nc. of the Ivrroundlng
properti.. which lit to the north DE your property. The approprilte
.hi.ld .ult b. put in plac. within thirty (30) d.ya of the date of
thh letter.
5. You .re lUrther .dvi..d that you h... a rilht to appeal to the loning
"earing loerd within thirty (30) day. of the date of thi. letter.
6. YOUr f.ilurt to coapty with the notice within the tlee .~ifie4 or to
appeal to the lonin. Bearine loard vilt ca.e. the lorouah to p~...
vltb an .nrorc...nt proc"din. in ~cordanc. with the procedv... of
IOfOugh office/Authority office
(!ll) 776,7633
Water ~ plont/Wmte wat.r h.....lt..ent pIont
(717) J76-!l6))
'---.
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Fox
2. TIle parking lot and driveway are illuminated by a commercial parking lot light on
a pole which installation is a standard commercial parking lot installation with a twenty. live and
one-haIf(25 112) foot height from the light to the ground.
3. The light assembly was changed in 1979. and upgraded to a 4.500 lumen mercury
vapor light. The light was again upgraded to a 9,500 lumen high-pressure sodium light in March
of 1995.
4. Although the light is listed as a 100 wall light. the quantity and quality of light
emanating from the light structure has changed substantially,
5, The applicant Sl:lted that he was concerned about safety of persons coming to the
funeral home after dark and his own safety, but did not state that either upgrade in 1979 or in
1995 was at his request or necessary for his business to C<'ntinue.
6. The dusk to dawn light is capable ofbeing shielded. E.mibit E-4 verifies that
Pennsylvania Power and Light Company is capable of installing a shield which would shield light
from protruding onto the Hershey property,
7. Robert Hershey testified that the glare and indirect light falling on his property
from the light on Mr Egger's property is annoying and disturbing to him as a surrounding property
owner and occupant.
8, Mr Hershey testified that the light source of the annoying and disturbing light is Mr
Egger's parking lot light and that the light on the bank property which lies to the South across
from his property was shielded, preventing light from entering onto his property,
9, The Appellant/Applicant stated the mercury vapor light which produces fewer
IUlIltIIS was acceptable for his commercial parking lot purposes and that the upgrade to the
existing high-pressure sodium light was not requested by him, He further stated that he did not
object to shielding as long as his parking lot arQ remained lit and safe for his customers, hinuelf,
and his employees,
D. Tht Doanl maka the followilla toadllSiollS of law:
I . The light in question will not be certified as a IIOIl-COI\formi use or Itructure. It
does not fall within the defmition of a building or structure pursuant to the l.onm, Ordin.anc:e and
the Iipt assembly and production oflisht from tbe fl.\ture was substtntidy iocreued upon
~ in 1979 after adoption of lhe l.o1lint! OrdiAance tbenby c_... iu flpQcemtflt and
IIpInde to be . IItW use lWIlns within the pll'llUders of the Ordina'lCe
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2. No testimony showed the light falls wilhin the deli nit ion of a building or structure
under the Ordinance or that the re1luested certification as a non-conforming use or structure has
been expanded no more that twenty-live (25%) percent as limited under the Ordinance,
3. Testimony supports the claim of Mr lIershey. the owner of surrounding property
who is annoyed and disturbed by the Jightthatthe source of the objectionable light on his
property is the parking lot light at the Egger properly,
4. Testimony did not show that the provisions of Section 5.4. I and 5.4.2 cannot be
met thus still maintaining a light on the Egger property which wilJ properly provide for safe
lighting to users of the Egger property,
C. Decision or the Board:
By proper motion made and A ulIAnimous vote. the decision orthe Board was to:
a Not certifY the light in question as a non-conforming use or structure.
b. Deny the Appellant/Applicant's appeal from the decision of the Codes Enforcement
Officer a violation of7.5.1 exists when illumination by artilicial light or light reflection extends
beyond the limits of the Egger lot and property and does cause annoyance and disturbance to
Robert Hershey. the owner and occupant of8 West Main Street, a surrounding property. The
Ordinance does not prevent Mr Egger from properly and appropriately lighting his parlcing lot and
providing light within the lot lines of his property, The illumination or reflected light which is an
aMO}'Bn(e to surrounding properties can be eliminated by appropriate shielding which will not
interfere with Mr Egger's rights
c, The pro\;sions of the Zoning Ordinance in Sections 5,4.1. and 5.4.2 do not
prohibit Appellant from reasonably lighting his p3rking lot. To lhe contrary, Mr Egger is entitled
under the provisions of the Ordinance to have outdoor lighting which wilJ providefor the safe and
convenient ingress and egress of any and all persons 10 and from his property and j>lace of
business. However. il is valid for the Borough through the mechanism of the Zoning Ordinance
10 limit the lighting of a property such that the affect on neighboring properties does nol to cause
substantial annoyance or disturbance,
Although the Board may not dictale the manner in which Mr Eger complies with
the requirements of the Ordinance, it is suggested that the shielding testified to by a witness from
PP.tL be used and designed by the PP&.L engineering staff such that the light may be used to light
the parkins lot and be limited in iICOpC so that Mr Henbey's property is not receivins \lllWanted
Iipt. It is recommended by the memben or the Zoning Hearing Board that the shield be installed
imIllediatdy and that lhe complete dfectimleSS of the shield in accomplishing its purpose with
lesped to the Hershey property be determined at a time that the leaves M\'e fallen from the trees
and the etTtctiveoess an therefore be evaJu.1ted Then. if the shidd needs to be adjusted it should
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FRANK C. EXJGm
Appellant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
tmIVILLE ZONIOO IlEARIOO OOARD
Appellee
.
.
: NO. 96-4949 CIVI L TERM
WRIT OF CERTIORARI
COMMONWEALTH OF PENNSYLVANIA)
: 5S.
COUNTY
OF
CUMBERLAND)
TO: NOIVlLLE ZOOIOO IlEARIOO OOARD
We, being willing for certain reasons. to have certified a certain action
between FRANI< C. EXJGm vs. ~ roNIOO IlEARIOO JD.~
pending before you. do ccmnaoo you that the record of the action aforesaid with
all things concerning said action. shall be certified and sent to our ju:1ges of
our Court of Camon Pleas at Carlisle. within 20
days of the date hereof.
together with this writ: so that we may further cause to be done that ~ch ought
to be done according to the laws and Constitution of this Cu'''LO'Wllalth.
WlnlESS. the Honorable Harold E. 9\eely. P.J.
our said Court. at Carlisle. Pllo, the
6th day of ~_r
.1996-'
'. .
~J~t
J:' J1Ik ~'".. f
Prothonl"ltary
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July 25, 1996
Newville, pennsylvania
Zoning Hearing Board of the
Borough of Newville convened for the purpose of hearing
an appeal from the decision of the zoning Officer with
regard to a dusk to dawn light on the property of Mr.
Frank C. Egger, 15 West Big spring Avenue, Newville, PA.,
17241. The appellant seeks certification of a
non-conforming structure and use and has filed a
substantive challenge to the Newville Borough Zoning
Ordinance.
(Convened at 9:35 a.m.)
THE CHAIRPERSON: This meeting will please come
to order. It's past time for this hearing to begin.
I'm Jane Graham. I'm the Chairman of the Zoning
Hearing Board. This is Nancy Baker, Marcia Sinkovitz.
And Sally Winder, our attorney, is going to conduct this
hearing.
MS. WINDER: Our normal ..thod of proceeding is
that ve'll swear in the witn...... I would .ugg.st that
with re.pect to this hearing, v.'ll swear all the
witn..... and turn the hearing ov.r for t..timony by the
party who i. the appellant or applicant on this requ..t,
and that would be Mr. Egg.r and hi. coun..l. Dale
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MS. WINDER: I would also ask, as each counsel
calls a witness, that you verify that person was sworn at
the beginning. That way procedurally it will be clear on
the record. Thank you.
MR. SHUGHART: Are you ready for me to
proceed?
MS. WINDER: You may proceed, Mr. Shughart.
MR. SHUGHART: My name is Dale Shughart. I'm an
attorney in Carlisle and I represent Mr. Egger.
We had requested somebody from PP&L to come and
we're very pleased that Gerald LaBar, who I'm going to
call first from PP&L, was down this morning, took some
measurements and has some information.
As I understand, from talking to Mr. LaBar, the
position of PP&L is neutral in this matter. They're here
to provide information.
I introduced Mr. LaBar to Chris, who had an
opportunity to speak with hia.
So, I would first call Gerald LaBar, who was
sworn in a few minutes ago.
Whereupon,
GERALD LABAR
havinq been previously sworn, accordinq to law, t.stified
as follows:
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This morning I went out to look at the site to
see what the situation is, because I hadn't seen it
before. So I took a lot of measurements to settle in my
mind what the area looks like and what the problem is.
Q Do you have with you today a chart, an
illumination chart, that could be of some help to the
Zoning Hearing Board in understanding the situation?
A Yes.
Q Now, what I'd like to do first is go back, and
what were you able to determine about the pole and the
light?
A okay. The light in the parking lot is our
standard 9,500 luaen area light.
Noraally they're installed at 25 feet. This one
I measured at 25 feet 6 inchea, which is within tolerance.
MS. WINDER: May I interrupt you? When you say
25 feet, you ..an in height?
MR. LABAR: In height above the aurface below.
BY MR. SHUGHART:
A And I took ..aaure..nta to the roadway and
eatiaated ..aaure.enta to the house.
Q If I could interrupt you . aecond to go back to
light. When you aaid it was standard, by that do you mean
a standard coaaercial parkinq lot type of inatallation?
A As far aa P"L is concerned. Yes.
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o Now, when you measured, how did you measure?
A I measured the height with a telescopic rod.
o And was I standing there when you did that?
A Yes, you were. I also used a measuring wheel
for the horizontal distances.
o And a measuring wheel, is that an accurate way
of measuring distance?
A Yes. It's within supposedly the accuracy
according to the manufacturers, within two percent.
o Did you measure the distance from the light pole
in question to the rear or north end of Mr. Egger's
property?
A Not quite, only because I didn't know where the
back property line is. I measured to the edge of the road
along his property.
o And what was that distance?
A That distance was 95 feet.
o You indicated previously that you made an effort
to determine the distance to Mr. Hershey's house?
A Correct.
Q Would you explain how you did that?
A Well, I went frea the edge of the road, which as
I .entioned is 95 feet. And since I did not have
permiaaion to enter his property, I went to the parking
lot adjacent to hia property. ..aaurad down aa far .a I
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could from the edge of the road to the fence line.
Q And what was that?
A I measured 106 feet with the measuring wheel.
And further estimated that the house was back from that
location 30 to 40 feet.
Q And totaling those various distances, what is
the distance from Mr. Egger'S light pole to Mr. Hershey's
house?
A From the measurements and the last estimate of
30 to 40 feet, it would come out to 231 to 241 feet, in
that range.
Q Did you take any other measurements, which you
think might be helpful to the Zoning Hearing Board, that I
have not asked you about yet?
A I estimated again on his property where the tree
was, the first somewhat large tree, and just the width of
the parking lot. I guess nothing else that would be
relevant.
Q How many trees were there on the Hersheys'
property between their house and Mr. Egger'. light?
A As far as large tre.., I consid.r large trees
that would .ffect the light, there were two.
Q Could you de.cribe the.?
A Th.y w.r. both deciduous tr.... I don't have
h.ight on th... but they wore pr.tty much in line between
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the light and the house.
Q The larger tree, can you provide an estimate as
to the height of that?
A No, I could not.
Q Could you say whether it was higher than the
light at its highest?
A Yes.
Q Was it?
A Yes.
Q And were both of these trees full of leaves at
this point?
A Yes.
Q Now, I asked you earlier about an illumination
chart. Do you have a copy available there that we can
mark as an exhibit?
A Yes, I do. I have several copies.
Q Could you give me as many extra copies as you
have?
A (Witness complied with request.)
HR. SHUGHART: I'm going to mark this. How do
you want me to call it? E-1 for Egger?
MS. WINDER: Okay.
(Whereupon. Egger's Exhibit No. 1 was
aarked for identification.)
BY HR. SHUGHART:
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Q I have marked this as E-1, representing Mr.
Egger's Exhibit No.1. I'll give a copy to Mr. Houston
and I have three for the Board Members.
Now, based upon what you've explained as to the
measurements that you've taken regarding the pole and the
light and the adjacent properties, would you explain what
this chart tells us in terms of illumination, please?
A okay. As you can see by the circular pattern,
the light distribution pattern, as it's called, gives off
a circular lighting effect. Others, considered type two's
and three's, give off a different throw of light. This
light in particular gives off a circular pattern, so it's
syJUletrical.
It is. I have noted, a 9,500 lumen. It's a 100
watt high pressure sodium area light. Mounting height 25
feet I used in this. That's our standard mounting height.
So I ran this before coming here. The actual height is 25
feet 6 inches, which is really no significant difference.
The 1.0 LLF, that is a light loss factor.
When we do e.timating, a. far as lighting, we use light
10.. factor., dirt depreciation, luminaire depreciation,
laap depreciation entered into our ..timates.
But. in this ca.., this i. the worst cas.
.canario, it'. ....ntially a. if tha light was newly
installed.
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And, the levels that you see on there .5, .25,
etc., are foot candles. That is how we measure our light
sources in foot candles, .5 being a half a foot candle
essentially. And the dimensions along the edge are in
feet, 0 feet, 20 feet, etc., distance from the light.
Q And how far in distance does that go, in one
direction, because that's all we're dealing here with?
From the position of the light, how far, let's say,
hypothetically north toward Hr. Hershey's property?
A Well, I had put a limit of .05 foot candles in
this particular chart here, only because we have to give
it perimeters. And I chose .05 as the last perimeter.
And that .05 takes you to about, if you'll notice there,
maybe almost 90, maybe 87 feet from the center of the
light.
Q If I may summarize what I'm hearing and you
please correct me if I'm wrong. But, this chart is
showing, as I understand it. for this light based upon its
height and your examination at a distance of approximately
90 feet?
A This is at ground level.
o At ground l.vel. At approxi.ately 90 feet,
which would coincide with the edqe of the alley? Is that
correct, based on your .eaaure..nts?
A Right.
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Q That what you had, at that point, was .05?
A Foot candles.
Q Foot candles. Now, when you do this type of
analysis do you normally go any lower than .05 foot
candles?
A Well, it's a computer program. We can go as low
as you want to go. We can go to hundreds. But, you get
to a point where it's insignificant, so you have to pick a
point where you want to stop these measurements.
Q Now, would that measurement, .05 candle feet,
coincide with any sort of a safety or security standard
for parking lot lighting or is there any correlation
there?
A Well, for parking lot lighting, in our design
purposes, the lowest that we use is a .2 level, .20 level,
such that any point on that parking lot should have a
minimum of .2 foot candles. But, again it's not initial
lumens. At that, .2 would refer to maintained lumens.
That's as the light ages we have to use a point like that
to maintain a minimum point over the years. This is
initial illumination.
Q And, if I understand correctly then, what your
diagram does not measure is how visible that light would
be at 25 fe.t, 230 feet away?
A Correct.
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Q Is there anything else in regard to this
illumination analysis which you think might be helpful to
the Zoning Hearing Board, that I have not asked you?
A No, I don't think so.
HR. SHUGHART: I'll turn it over to Mr. Houston
to question.
CROSS EXAMINATION
BY HR. HOUSTON:
Q Mr. LaBar, I'm Chris Houston. We had met
previously this morning. I had an opportunity to ask you
a few questions concerning the results of your
investigation. Is that correct?
A Right.
Q Now, this is a 9,500 lumen 100 watt high
pressure sodium area light that is currently installed on
the property. Is that correct?
A Correct.
Q When was that light fixture installed?
A The fixture itself was installed back in 1979,
but at that time it was a mercury vapor luminaire.
It has previously been converted to a 9,500
lumen and I don't have the date that it was installed. I
would assume it had to be, because of our conversion
program, within the last few years.
a When you're talkinq about conversion. you're
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talking about from the mercury vapor light to the high
pressure sodium?
A Right.
Q Can you explain for the Board the distinction
between those two types of light bulbs? We're talking
about the bulb. Is that correct?
A Lamp.
Q The lamp. Can you discuss for the Board the
distinction between those two types of lamps?
A Well, the mercury vapor is a frosted lamp and it
emits in the range of 8,200 lumens to 8,600 lumens,
depending on the manufacturer.
Q What is a lumen?
A A lumen is the measurement of light emitted from
that lumina ire in all directions. Such as, if you're
familiar with, of course, with an incandescent light, you
get light in all directions out of that light and it's
measured in lumens. And it's essentially a candle power.
Except not to get real technical, candle power has to do
with direction and lumens does not.
Q So, is the quantity of light then greater with a
high pressure sodium area light, let's say of similar
wattaqa, than a ..rcury vapor 119ht? t. that correct?
A Ves. The ..rcury vapor light 18 a 115 watt
l..p.
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o You're saying what was replaced was a 175 watt
mercury vapor lamp?
A And it was replaced with a 100 watt high
pressure sodium lamp that emits 9,500 lumens.
(Whereupon, Newville's Exhibit No. 1
was marked for identification.)
BY MR. HOUSTON:
o I'm going to show you what has been marked as
N-1 and would ask if you'd take a few moments to look at
that, if you could, please.
MR. SHUGHART: What does N stand for?
MR. HOUSTON: Newville. Sorry.
BY MR. HOUSTON:
o Is this a chart of lamp performance data for
various types of lamps?
A Yes.
o And up at the top it saya high pressure sodium.
Correct?
A Correct.
o It has a 100 wattage lamp. I'. looking at the
100 watt line. Correct?
A Correct.
o When you talk about 9,500 luaen., is that under
the initial lu..ns celusn there where it aaya 9,500?
A Correct.
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Q And I refer you to the bottom of the chart where
it says mercury vapor.
A Correct.
Q And is that the type of lamp that was in there
previously?
A Correct.
Q And you said it was a 175 watt lamp. Correct?
A Correct.
Q And go over to the initial lumens column and it
says 8,600 lumens. Is that correct?
A That's correct.
Q So, this verifies what you testified to
previo~sly and that is that the lumens are greater, as
comparing the current lamp to the one that was there
previously?
A That'. correct.
Q Is there also a distinction as to the type of
light that is emitted? I mean by visually looking at the
light, the color, if you will, between a mercury vapor and
a high pressure sodium?
A Yes. The mercury vapor is what they call a cool
light. It's a white light with a bluish tint. The high
pressure sodium people call it different colors. We call
it a golden white. In actuality it's orange, yellow.
Q Nov. you've taken a look at the actual fixture
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A The maximum angle or cone is, there's a point
coming out of the luminaire where you'll get the maximum
foot candle level and it's at different angles from what
they call nadir. Nadir being straight below the light.
That point might be 30, 40, 50, 60 degrees above nadir,
where you get the maximum light out of that luminaire.
Q So, at this point you're not really sure whether
it complies with that provision?
A No, I don't know at this point.
Q Now, when you said if a shield is put in place
that it will reduce the illumination on the lot, what
other alternatives are there other than shielding?
A Other than relloving the light?
Q other than relloving the light.
A We don't have any other alternatives.
Q A lower wattage bulb perhaps?
A Well, see our standard area light, aa that is
called, which we only have one size area light that we use
for parking lot lighting and that's it. We don't have a
slIaller aize. We don't have a larger size.
An alter.native would be what we call private
lighting. Private lighting is a design lighting to what
the custoaer would like to see as far as illumination.
The difference being there that the custoaer has to sign a
ten year contract for that light.
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We could put a cut off lumina ire there for him,
but under contract there has to be a minimum of three
lights installed in order to get a private area lighting
design.
I don't know how many lights are at the parking
lot there. I saw one. I don't know if there was anymore,
not that I saw.
Q Assuming that's the only light fixture, if you
will there, if that light was reduced to a 16 foot height
level would that reduce the glare beyond the property
lines?
A Again, I'd have to run a foot candle chart.
It's hard to say. because uven though you're lower to the
ground you're reducing the distance that light will go.
because of the low angle, and because the light is more
perpendicular to the 9round than it was before, it's hard
to say at this point. We would not install an area light
at 16 feet or less.
Q So, the provision in the Ordinance, do you have
any idea where that would have come from, that height
limitation?
A No, I don't.
o That's not .c..thing you do standard?
A No.
o Would moving the light and putting a ahield on
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it accomplish two purposes, one being to still provide
proper illumination for the parking lot and yet still
shield the light from beyond the property lines?
A Yes. We can move the light, although it is now
pretty much in the middle of the parking area.
We'd have to compensate, if we did move it say
to near both ends of the lot, we'd have to put two lights
up instead of one. And then the one at the entranceway
that we're talking about by the alley, we can shield that
so that very little light, if any, will go back toward the
alley.
MR. HOUSTON: Mark this two page document.
(Whereupon, Newville's Exhibit No. 2
was marked for identification.)
BY MR. HOUSTON:
a Are you familiar with who Sheldon Seip is?
A Yes.
a He'. an e.ployee of PP'L. I. that correct?
AYe..
a I'm going to show you a letter, which Mr. Seip
had directed to Mr. Egger. and I'd ask you to take a
aom.nt and read that, pI.....
A (Witne.s coaplied with request.) Okay.
a There's attached to it a diagram of some sort.
A Okay. It looks like my printing. I think I did
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this for him.
Q Okay.
A Not knowing what it was for.
Q Now, in the letter it talks about an adhesive
shield that could be applied to the internal surface of
the luminaire. Is that the shielding that you had talked
about?
A Correct.
o And it goes on and says, "The shielding disrupts
the light in the area it obstructs." What does that mean?
A No, I don't know what that means.
o "It reduces the effect of light levels.'?
A Right.
Q The diagram seems to have a measurement on it of
16S feet. Right?
A Correct.
o It talks about, it looks like, at 165 teet
there's .05 toot candles. Is that right?
A Correct, not at 165 feet at halt of 165 feet.
o .05?
A At this point here?
o Yes.
A 165 feet is the distance trea one end to the
other. It'. e.sentially half of the 165.
o Hov far ia that. 82-1/2 teet?
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questions by the Board.
REDIRECT EXAMINATION
BY MR. SHUGHART:
Q Mr. laBar, when Mr. Houston was questioning you,
you indicated that that light fixture was installed in
1979. Now, did that replace something else that had been
there previously?
A That I do not know.
Q How do you know that it was installed in 1979?
A From our records.
Q Do you have them with you?
A No, I don't.
Q And when you say the fixture, what specifically
are you referring to?
A The luminaire.
Q The bulb?
A The lumina ire is the fixture essentially. The
lumina ire is the globe, the lamp, the housing, but not the
a rlII.
(Whereupon, Egger's Exhibit Nos. 2 and 3
were marked for identification.)
BY MR. SHUGHART:
Q I'm going to show you two pbotQ9rapbs and Mr.
Egger will talk about them later. But. what they show, at
a particular point 1n time, is the slde of the funeral
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A No.
(Whereupon, Egger's Exhibit No. 4
was marked for identification.)
BY MR. SHUGHART:
Q Now, I'm going to show you a document marked
E-4. Do you have a copy of that in your possession before
I mark that as E-4?
A Yes, I'm sure I did. Yes.
Q Who wrote that letter?
A Pat Dougherty, our area Engineering supervisor
in our West Shore Office of PP&L.
o Is he in supervisory capacity over Mr. Seip, who
wrote the other letter?
A Yes. Well, Mr. Seip, when this letter was
written, he was not. He's on temporary assignment, Mr.
Seip.
Q Now, does that letter indicate that PP&L could
go back to the 175 watt mercury vapor light?
A Yes.
Q And is the lumlnalre, the light source in Mr.
E9ger'. parking lot, any different fro. the luminaries on
the Borough streets?
A Ye., it is.
o How is it different?
A The atyle of the lumina ire. The laap wattag. i.
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the same on some lights that are installed throughout the
Borough, but the style of the lumina ire along the streets
is called a Cobra head style luminaire. It's a different
style.
Q Could that style be installed on Mr. Egger's
property?
A Not under the area light tariff.
Q Are the Borough street lights of a higher
wattage or a lower wattage? I think you indicated some
might be the same. If you could maybe explain that?
A Yes. Some are the same wattage.
Mainly, I remember doing the conversion from
mercury to sodium in this Borough three years ago,
something like that. It has been quite awhile, when Mr.
Baker, Al Baker, was here representing PP&L, and I did the
lighting design in the area.
But, there are some 100 watt high pressure
sodium and there are some 150 watt high pressure sodium.
Q Are those lights substantially closer to the
windows of people's houses than Mr. Egger's light is from
Mr. Hershey's house?
A Yes.
Q Now, Mr. Houston was asking you options for Mr.
Egger to move the pole and then throw the light one way or
install a private lighting syste.. In order to do that.
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would that cost Mr. Egger a lot of money or would PP&L do
that for free?
A It's a different tariff. The cost is
essentially the same. I'd have to look up the exact
figures. It's essentially the same. It might vary just a
dollar a month maybe or so.
o But, my question was, would Mr. Egger have to
pay for this?
A Yes, on a lease basis. The installation we will
do for free, but on a lease basis, a monthly lease basis,
he would pay in the neighborhood of a dollar a month.
o Would PP&L do that type of study free to
determine whether there's a way to avoid losing this
pattern of light, which is on our Exhibit 1, which
provides appropriate lighting for the parking area with
something that would illuminate less off the property, but
lose nothing in terms of security for the parking lot?
A Yes. We would do a lighting design.
o And you're saying that will be at PP&L's cost
and it would only cost Mr. Egger approximately one dollar
a month more?
A Yes.
you want me to.
here.
I can look up the figures to be exact, if
It's not much difference. I have it
Q I'll tell you. it might be helpful to have that
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specific amount on the record.
A Okay.
MR. SHUGHART: So, if it only takes you a
second. If it's okay with everyone?
(BOard Members shook their heads yes.)
BY MR. SHUGHART:
A But, again, the point being, that tariff of
private lighting requires a minimum of three lights or
more.
Q Well, then that would cost more than a dollar a
month to be paying for three lights rather than one?
A Yes. This is our chart that we made up for the
tariff for the total cost of the lamps. Let me write this
down. You look over my shoulder, if you wish.
Q When 1 do that it tends to distract people. You
can write on the back of the paper 1 gave you.
A Now, there it also depends on the size that we
install, that we design for. We can put a 5,800 lumen
light in there or lights, or 9,500, or we can put higher
lights in there. So, it depends on the design.
1'11 do some quick figuring here on a 9,500
Cobra head style light. Okay. it's actually les.,
somewhat l..s.
Let IftG give you the figure.. On an annual
basi., which is he'll have to pay this monthlY. But, on
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an annual cost for a 9,500 lumen Cobra head style
lumina ire it would be $129.18 per year. That includes
taxes, surcharges, energy charges. That's essentially
bottomline.
Q Is that for one light or for three lights?
A I'm sorry. That's the wrong figure. You're not
tax exempt. Are you?
MR. EGGER: No.
BY MR. SHUGHART:
A I'm sorry. Make that $136.93. I was reading
the tax exempt line for municipalities. $136.93.
Q Is that for all three or just for one?
A That's for one light per year.
Q so, that would be times three?
A Yes. The area light. Let me doublecheck that.
The area light, that he has there now, he's paying $152.73
a year. I was thinking of a larger light. That's not the
case.
Q So, if I can just go back and summarize, and
please correct me if I'm wrong, but PP'L would come in and
do a study as to the feasibility of a different type of
syste., but it would require at least three lights instead
of one. Is that correct?
A Correct.
o And if it va. decided that vas feasible that
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back to the way you answered Mr. Houston's question, were
there other alternatives, and really there aren't. Is
that what you're saying?
A Other than removing the light, I would say there
aren't.
Again, maybe putting two lights in, one on
either end and then shielding the one toward the alley,
which would help. If it's at the entrance by the alley,
it would illuminate that half of the parking lot. But,
then you'd have to put another light at the other end to
illuminate the other half toward the street.
Q How do you figure the cost on something like
that?
A
$153.
Q
It would be two area lights at a cost of $152,
Then we can shield the one by the alley.
And, again, PP'L would do the installation for
free?
A Right.
Q And is that something that you'd have to
actually study the feasibility of?
A No.
Q You're saying that that would improve Mr.
Hershey's situation without ha~ing Mr. Egger's situation?
A Other than, well, it would cost hi. $153 more a
year.
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Q Each year?
A Each year.
Q And this tariff may change. You don't know what
it will be in the future?
A Correct.
Q It's whatever you might feel is reasonable for
energy charges and is approved by the PUC?
A That's correct.
HR. SHUGHART: I have no further questions.
CROSS EXAMINATION
BY MS. WINDER:
Q Mr. LaBar, I'm Sally Winder. I'm the Solicitor
for the Zoning Hearing Board.
You said, in answer to a question, I believe,
that you wouldn't install an area light like that at 16
feet?
A Correct.
Q Is that because that's not PP&L's policy or
there is soae physical factor that makes that
inappropriate?
A Right. It's not good lighting de.ign.
Q And why is that?
A Because you get a very bright light right
underneath the fixture and not as much around it. Several
others. It'. aore susceptible to vandal is.. It's not
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good lighting design for that size lamp.
Q So, as you come down in light you reduce the
cone of light?
A Correct.
Q And therefore you reduce the foot candles at a
further distance?
A Yes. I'd have to do a design on that to say for
sure, but I would certainly think that would be the case.
I've never tried to put a light at 16 feet.
Q There's nothing that prevents PP&L from doing
that, is there?
A Our tariff calls for a 25 foot mounting height.
Q Do you have any way of estimating what the light
intensity is at a level other than ground level?
A Yea.
Q Can you tell us what it is at 25 feet, at the
height of the light?
A At the light fixture itself?
Q Where you have light coming out of that
luminaire, can you tell ua how the intensity of light at a
distance from the light varies from the chart that we have
marked E-l?
A Yes. I can produce any point at any imaginary
place in the air. If you wanted it 25 f.et in the air, a
100 f.et a way, I can give you that point.
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o And can you tell us whether it would be greater
in foot candles at a height above ground level?
A At what height? I'm sorry?
o I'm saying in general, at a height that's above
ground level, is the light intensity greater?
A Yes, but yes and no. It depends on the
distance, the closeness to the light and the cones that we
talked about, maximum cones. When you get above that
point it diminishes, so I guess the answer is yes and no.
It depends on how far you're out or how close to the light
you are, I should say.
o Can you say, from your experience, how the
information that's shown on Exhibit E-1 would vary for a
first story or second story window in the Hershey's house,
for example?
A Assuming that distance of 230?
Q Yes. A.suming the distances you've estiaat.d
and given to us.
A Th. foot candle level .t his window or front of
the hou.., what.v.r, back of hou.e?
Q Yes. Aa.U1I8 a fir.t story window.
A I think it would be i.....ur.bl.. You couldn't.
It would be negligent. You couldn't ....ur. it. Ther.
would be no light.
Q Froa this particular fixtur.?
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A Right. Moonlight would give you more light than
the light would.
Q Would that also be true for a second story
window?
A Yes.
Q Do you know, from your visual inspection or from
your prior experience in the Borough of Newville, either
one, whether there are other lights between Mr. Egger's
light that we've been talking about and the Hershey house,
if you travel the way you measured?
A Yes. There's a light in a garage at the
entrance from the alley right adjacent to the property,
the parking lot. I don't know what side, north, south,
east or west, whatever it is.
Would that be a garage light on a neighbor's
Q
property?
A On a roof.
garage back there?
building.
Q And do you know offhand what kind of lights
those are?
A Those are mercury vapor 1 ights.
o Are they mercury vapor lights that would be
.iailar to what Mr. Egger had before he changed to this
hiqh pre.sure sodiua?
On the bank's. Do they own that
There's two area lights on that
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A Physically, yes. They look the same, but I
don't know if they're a 100 watt or 175 watt.
Q But, you believe them to be one or the other?
A Right, exactly.
I might point out, if I may, there is a shield
on the area light on the alley side, the kind of shield
that I was talking about before.
Q On one of the bank lights?
A Yes. The one area light is toward his property
and I think lower than the roof line, so there's obviously
not a shield on that one. But, the one faces the alley
and there is a shield on that one.
Q Are there any other lights, that you know of,
betveen Mr. Egger's light and the Hershey property?
A No. I didn't look in the property. I don't
know if he, in fact, has lights there or not. I don't
know. But, there's none alone the street. That light,
I'd approximate it at 12 feet high on the garage.
Q COuld you use a different configuration
luainaire in order to change the light pattern and
therefore cause l.ss light going toward the alley?
A Not under the area light tariff. It's the only
light ve offer.
Q And would it be increased cost to change it to
.~ other design? Would the tariff structure be higher?
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A Again, the tariff only defines the light as a
9,500 lumen high pressure sodium. And we don't have any
other type of light that we install. I'm not sure about
your question. That is the limit of the tariff.
o Does the Cobra head style lumina ire change the
pattern of light distribution?
A Yes, it does.
o And does it make it oblong versus round?
A Yes.
o Would that create less light going toward the
alley if that were used on this light at Mr. Egger's
property?
A That would probably create more light because
the difference is that type of fixture is known as a
seai-cutoff and it directs aore of the light down and out.
MS. WINDER: I have no other questions. Do you
have any questions?
(Board Melllbers shook their heads no.)
MS. WINDER: Do you want to?
MR. SHUGHART: I just have one follow-up
que.tion, in response really to your last question.
aI-REDIRECT EXAMINATION
BY MR. SHt.ICHART:
o Did I understand you correctly when I talked to
you and asked you questions. little bit earlier, that
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this Cobra head type fixture is not an option for Mr.
Egger's parking lot?
A It's not an option under the area light tariff.
It's an option under the private lighting tariff, again
being three lights or more.
Q Just to summarize that then. If you went to
that three light system he could end up with three Cobra
heads?
A Correct.
HR. HOUSTON: As a result of your shielding
question.
RECROSS EXAMINATION
BY HR. HOUSTON:
Q You say there are two lights by the garage. One
of them has a shield on it?
A Correct.
Q 00 you know why that shield would be put on
there?
A To eliminate any light trespass toward the alley
and beyond.
Q Toward the alley and beyond. Toward the Hershey
property?
A
Q
A
Correct.
And that's a 12 foot height light?
Approximately. I didn't measure it but it
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appears to be about 12 feet high.
Q Would that be PP&L's?
A No, private installation.
Q Private installation. And that appears to be on
the Egger property, from what you could determine?
A On the bank property.
Q Bank property. Okay.
A The bank garage.
Q Which is right next to the Egger property?
A Correct.
Q And this shielding, that you mentioned before,
about that it would reduce the light on the parking lot
itself if a shield was put in place. How does that reduce
the light on the Egger property?
A Well, the light being essentially in the center
of the parking lot, if you put a shield it would cut off
any light going in that direction. It would essentially
drop the light essentially straight down.
Now, obviously light doesn't get cut off just
like that. You're still going to get soae light toward
that way because ot the reflection on the parking lot,
etc., but it vill cut it off drastically.
Q Nov. this fixture is vhat, about that de.p,
about 10 inche. or soaething like that?
A About. inche..
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Q And the shield is put on the inside of the
glass, if you will?
A Yes.
Q And there's a lamp up inside there. Is that how
it works?
A That's correct.
Q When you're talking about a shield, are you
talking about shielding the whole portion of the glass?
A You can shield whatever you want. It's an 8-1/2
reflective sheet. You can cut it to suit with scissors.
Q so, effectively you could just put a little
strip at the top or you could shield the whole side?
A Correct.
Q If just a little strip is put at the top,
considering the distance to the Hershey property, may that
not alleviate the problems with respect to light emanating
toward the Hershey property?
A Somewhat.
Q And the smaller the shield, the less obstruction
there is to light on the I9qer property?
A COrrect.
MR. HOUSTONt I have nothing els..
MR. SHUGHART: I would ask that Mr. LaBar be
excused so that he doesn't need to sit through the rest of
these proceedings. if that's satisfactory to everybody.
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convenience of people coming for viewing. This is mostly
at night. And, also for people and myself working there
on the property.
Q And you live there on the same property?
A Yes, I do.
Q Do you need an off-street parking lot?
A Yes, I do. Newville does not have that much
along the street parking, so we do need a parking lot.
Q How many spaces are there?
A I have 15 spaces.
Q And how is it lighted?
A It has the security light on the middle of my
property.
Q Now, when you moved there on July 25th, 1971,
was the light there?
A Yes, it was.
Q So, to the best of your knowledge and
recollection, other than the change in the type of
luminaire, about which Mr. LaBar spoke, were there any
other changes aade by you or by PP'L, from 1971 up until
today. to the be.t of your knowledge?
A Not that I'. aware of.
Q Now, had I a.ked you to look for .ome old
picture. that might .how the lighting?
A Ye.. you did.
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a And I'm going to show you what we've marked as
E-2 and E-3 and ask you to explain what they are and where
you got them?
A Yes.
a Do them one at a time and explain which number
you're referring to.
A E-3 shows a picture of my parking lot from the
side entrance looking north toward Mr. Hershey's property.
It shows the pole that is at the end of my building. It
does not show the light, but it shows the pole there.
a Okay. Let me just go forward. There's a
snowplow working in the middle of the picture?
A Yes, that was during a snowstorm.
a Is that Hr. Hershey's house, at the far end,
that's white on the bottom half and looks like brick on
the top half?
A Yes. it is.
a And that shows a little tree there without any
leaves on it?
A Correct.
a NOW, we'll 90 to Picture E-2.
A 1-2 is a picture of the saae area. It shows my
wife and my son standing on the property.
Q Would that have been taken at th3 .... ti..7
A Salle ti...
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Q NoW, where did you find these pictures?
A This was in a family scrapbook.
Q Did the scrapbook give you any idea as to when
they may have been taken?
A Outside of looking at my son, there was no year
on it.
And no year on your scrapbook?
No year on the scrapbook.
Now, there are three people moving from left to
Who are they?
The one to the left is my son Chuck.
The one in the middle?
Q
A
Q
right.
A
Q
A
Q
that is?
A I'm not sure who that would be. It could be
courtney Davis, at the time. I'. not sure.
Q But is that your son Chuck?
A My son.
Q Right at the edge of the building?
A Right at edge of the building.
Q And going up toward the top, in the middle of
the picture, can you aee the light fixture?
A Yes. It showa the light in that picture at the
edge of the building.
Yes.
On the left, on the far left, do you know who
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o Now, looking at that and knowing what's out
there now, to the best of your knowledge is there any
discernable difference in the light fixture?
A No. There's nothing. Nothing that's changed.
o Now, how old is your son Chuck right now?
A He is 26. He'll be 27 on the second of August.
o And is he in the funeral home business with you?
A Yes. He has come with me now.
o At the time that picture was taken,
approximately how old was he?
A I estimate that he was probably six or seven
years old at that time.
o So, you're estimating that picture was taken
approximately 20 years ago?
A TWenty years ago.
o When, to the best of your knowledge, would the
light fixture have been installed and explain how you
arrived at that?
A I e.timate that the light fixture was probably
placed on the property in 1960 to '64 when Mr. Rearick, my
predece.sor. added the addition of the building that shows
in the picture. I a.au.. when he put the parking lot in
that he a1ao put a light there for the parking lot.
o And how do you know that occurred in 1960 to
1964?
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A I know from the property that was added on at
that time.
Q So, you have records to show that the addition,
and Newville Borough I assume would also, that the
addition was constructed in that timeframe?
A Yes.
Q Now, we've heard Mr. laBar testify about the
alternatives that are available based upon the letter of
Mr. Dougherty. Are you willing to go back to a blue/white
color if that pleases Mr. Hershey?
A Yes. I'd be willing to go back to the original
light.
MS. WINDER: The mercury vapor light, you mean?
MR. EGGER: If that's what it's called.
BY MR. SHUGHART:
Q Would you explain, please, to the Zoning Hearing
Board why you need proper illumination in the parking lot?
A My main concern with the proper lighting in the
parking lot would be to maintain security and safety for
those families coming to a viewing, that they can go back
to their car to the end of my property without worrying
about somebody in the dark shadows.
I f.ar for them. so I want to give them
protection and this light does that.
Q Now, for you personally. is the light important
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better look at the light pattern.
o And that request was on a trial basis, not
giving up any right you may have?
A That's correct.
o And how did the Borough respond to that?
A They rejected that almost within the day they
received it.
o And I'm going to show you the Zoning Appeal here
that I've taken from in front of Ms. Winder. Exhibit A,
is that the rejection of your suggestion, the response of
the Borough to your suggestion of May 31st?
A Yes.
o And who did that come from?
A Mr. Harry, Glenn Harry.
o Now, would you please state for the Zoning
Hearing Board what your concern is?
A Well, my concern is with the proper lighting to
maintain a safe and secure property for my people coming
in for funeral service.. That's my main concern. OUtside
of that, I don't know.
o Now, when I was at your house this morning did a
man come in with a piece of paper?
A Yes.
o Who came in?
A Mr. BUll Singer or Ray Singer.
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A Yes.
REDIRECT EXAMINATION
BY MR. SHUGHART:
Q And then to follOW-Up on that. Who lives on the
other side of Carrie Hershey and Ray Singer?
A Would be Charles Bear, would be the house next
to that.
THE CHAIRPERSON: He's more or less behind your
garage instead of the parking lot?
MR. EGGER: Yes.
BY MR. SHUGHART:
Q Now, did Mr. singer explain to you, with me
present, whether he was available to be here today and
whether Carrie Hershey were able to be here today?
A He said he would not be able to make it.
MR. HOUSTON: Objection, hearsay.
MR. SHUGHART: The Standard Rules Of Evidence
don't apply. Right at this point we're trying to prove
that two people, that may have an interest in this, are
not available to be here.
MS. WINDER: That's fine. We'll take it and
ve'll consider the weight of any other statement that
beara on the isaue here.
IY lOt. SHuctlAJlT:
A Mr. Singer said that he would not be able to be
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here today, because he had a commitment to go to his
doctor's, from an accident he had about a month or so ago.
Q And did he give you that?
A Then, he, in turn, gave me this letter signed by
Carrie Hershey and himself.
Q Would you read the letter, please?
A Okay. At the top of the letter it says,
. Frank's light--.
MR. HOUSTON: I'd object to the reading of this
letter into the record.
MR. SHUGHART: I can hand out copies for people
to read. It doesn't matter to me.
MR. HOUSTON: Then you're adlllitting it into the
record. I'm objecting to the admission of this exhibit
into the record.
MR. SHUGHART: Of course, I'm moving for the
adlllission that this information be presented to the Zoning
Hearing Board. I think it's relevant, and the Formal
Rules of Evidence do not apply to these proceedings.
MS. WINDER: The Forul Rule. Of Evidence do not
apply to these proceedings. We will allow Exhibit
1-5 to be admitted as a state_nt based upon the
representations of Mr. Eqqer that it was given to hi.
today and that th... .tat..ent. vere aade.
Th. weight of thi. evidence we'll consider in
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light of all of the information that's presented to the
Board.
(Whereupon, Egger's Exhibit No. 5
was admitted into evidence.)
MR. SHUGHART: Should I hand out copies or have
Mr. Egger read it? It doesn't matter to me.
MS. WINDER: You can have him read it.
BY MR. SHUGHART:
Q Would you please read the statement?
A Yes. At the top of the letter it says, "Frank's
light. This light has never bothered me nor have I heard
neighbors complaining about it. signed Carrie Hershey, 10
West Main Street, Newville, and Ray Singer."
MR. SHUGHART: Mr. Houston.
MS. WINDER: Before we get started here, can we
just go off the record for a moment.
(Discus.ion off the record concerning Board
Member having to leave and deferral of Hr.
Houston's cross-examination of Hr. Egger, at
this point.)
MR. SHUGHART: I would call Chief Bear. I would
note for the record, I observed Chief Bear being sworn.
Whereupon,
CHARLES L. BEAR
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having been previously sworn, according to law, testified
as follows:
Q
A
Q
A
Q
A
Q
A
Q
A
Q
property?
A
carrie.
DIRECT EXAMINATION
BY MR. SHUGHART:
Would you please state your name and address?
Charles L. Bear. I'm retired.
What did you do before you retired?
I was a police in Newville for 22 years.
And where do you live?
At present at 490 Shed Road, Lower Mifflin.
When did you move there?
Approximately two weeks ago.
And before that where did you live?
16 West Main Street.
And who lived immediately to the east of your
carrie Herahey, and Robert Hershey next to
Moving easterly?
Easterly.
And where is Frank Egqer'. property frea
Q
A
Q
yours?
A Right to the south acroas (nebe Avenue. Frank' 5
garage and lot. Most of the garage is right directly
acrosa the alley trea .ins. Frank'. lot vaa to the eaat
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mine is directly to the west of that.
Q So, Mr. Hershey's house is right behind the
parking lot and your house is behind Mr. Egger's garage?
A Garage.
Q And this light in question is between Mr.
Egger's house and the garage?
A Right. The light. There's a pole. This is the
alley pole.
Q Right. I understand that.
A The light here. Could that be part of the light
there?
Q You tell me.
A It could be. Not sure. I can't see the pole.
Q Your recollection of where the light was, is
between your--
A Yes. This is Frank's garage, which would give a
shadow onto my house actually.
Q so, the light is shadowed, if you will, by the
garage onto your house?
A By Frank's garage on my house. Yes.
MR. HOUSTON: That's all I have. Thank you,
air.
MR. BEAR:
You're velc~.
MS. WINDER:
MR. BEAR:
Wait a ainute. Mr. Bear.
Sorry.
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A Lives in the same house.
Q They live together?
A Yes.
Q They're friends of yours?
A Neighbors. They're all friends.
Q The fixture that's there now is not-- When I
say fixture I'm talking about this light assembly. That's
not the same light assembly that was in this picture on
E-2, is it?
A Yes. It's the same. It has never been changed.
Q So, the testimony of the PP&L representative is
incorrect in that the light fixture was changed in
December of 1979?
A I said that meant the light itself not the
fixture.
Q I believe his testimony was the light assembly
was changed in 1979?
A That picture indicates and I've been there since
1971, that it has never been changed outside of the light
fixture, the bulb.
Q You can't account for his testimony that the
fixture was chanqed in '791
A No.
Q You do agree, do you not though, that the
mercury vapor bulb was upgraded to . high pressure sodium
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bulb in March of 1995?
A Yes.
Q You testified that your proposal was to put a
shield on in the fall. I believe you said when the leaves
are off the tree in the Hershey yard?
A That's correct.
Q It has been discussed back and forth for quite
sometime now about putting a shield on that light, has it
not?
A I don't know about for sometime, but it has been
discussed. Yes.
o At least a year?
A Yes.
o And PP&L representatives, in fact, came to your
property and attempted to put a shield on that light, did
they not?
A Without my okay. Yes.
o And you told them not to put it on?
A Correct.
o And why was that?
A Because they did not come to me first and ask to
come on my property. And also the Borough Council went
over my head without coming to me first.
o But, why didn't you want a shield put on there?
A I did, but not the way it was beinq done.
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A Correct.
Q My question to you is, are you willing to put a
shield on now?
A Yes, on a trial basis.
Q Now, you leased this light, I think the
testimony was, from the PP&L Representative. Is that
correct?
A That's correct. When I first came here I shared
it with the First National Bank. We shared expenses.
Q And I believe you also testified that Mr.
Hershey had complained about the mercury vapor bulb in
addition to the high sodium bulb. Is that right?
A He complained about the original light bulb.
Q That's my question.
A (Shook head yes.)
MR. HOUSTON: I have nothing further.
CROSS EXAMINATION
BY MS. WINDER:
Q When Mr. Hershey complained to you about the
original light, did he voice a specific complaint as to
how it bothered him or what upset him about the light?
A Not really. He was in the back alley actually.
It vas just sort of a passing co.ent.
I mean, I thought if he had a real legitimate
cOlIpla1nt he'd cOM to .y door and I'd let him in and we
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could talk about it. But, instead it was just in the
alley, as a comment, and I didn't know whether he was
joking or what, because I never had a complaint about the
light.
Q And you say that was approximately six months or
something before they changed?
A Before they changed the light bulb. Yes.
Q And when you say PP&L changed the light, was
that at your request?
A No. They did the whole town.
Q So, they upgraded or changed that lumina ire as
part of the other street light change over?
A That's right. As far as I know, that's right.
Q When you say you're willing to do that, to go
back to a mercury vapor luminaire on a trial basis, what
do you mean by a trial basis?
MR. SHUGHART: I hate to interrupt, but we're
getting into legal positions here. May I clarify
seaething, please?
MS. WINDER: Sure.
MR. SHUGHART: He said he was willing to go back
to a mercury vapor light. He said that the letter of May
31st says what he's willing to try on a trial basis in
teras of . shield.
But, I don't want that confused with the fact
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temporary until we find out whether it is going to work.
Q And would you be willing to shield the mercury
light in order to cut down on any light which may be going
beyond your property?
A If it can be done and still maintain my
security.
Q Were you satisfied with the mercury vapor light,
as far as your security concerns, prior to PP&L changing
the light to a high density sodium light?
A Yes. I was satisfied with the original light
that was there.
Q Were you satisfied with the light that was in
your parking lot before it was changed to a mercury light
in 1979?
A I'm not aware of any changes at that time.
Of course, at that time the light was not a problem,
so I wasn't aware of really what they had out there.
Q So, that change wasn't something that was
ordered by you?
A There has never been a change ordered by me on
that light.
Q How were those changes initiated?
A I que.s when they vent to change the light.
in the Borough they changed .y light too, at the same
ti...
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Q Did they come to you prior to the change and ask
you for permission to do it?
A No. It was just an automatic maintenance
situation, I think, where the lights just last for so many
years and they replace them.
Q And is it true that there's only one light that
illuminates your parking lot?
A That's correct.
Q 00 you know of any other lights, other than the
bank lights, which are between your parking lot and Mr.
Hershey's house?
A other lights similar to mine?
Q Any kind of lights?
A Yes, there are. There are lights in other
parking lots adjacent to the property.
Q And where are those lights?
A Those lights are to the east of Hr. Hershey on
the Benson Stake property.
Q Are there any other lights, that would be in the
nature of street lights, along the alley between your
property and Mr. Hershey's property?
A Just at the end of the alley on High Street
there's a street light.
MS. WINt>D: Do you have any questions?
CROSS EXAMINATION
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BY THE CHAIRPERSON:
Q okay. I have written down here that Mr. Hershey
complained that you had that mercury vapor light there.
And then six months later PP&L changed that.
So, if he complained about that light, then why
would you want to go back to that light? Or am I
mistaken?
A I think you're correct. But, if that light
would make him happy, I'll go back to it.
Q But, that's the one that was there when he
complained initially?
A Correct.
Q Okay.
A And the change was made for the different light.
Q So, I'm not confused?
A Right.
Q The light he complained about was the mercury
vapor?
A
Q
Right.
Thank you.
RECROSS EXAMINATION
BY MS. WINDER:
Q When PP'L representative. vere at your property,
did they make any sugg.stion about any other kind of light
that could be put in the existing fixture?
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A No.
Q Before the mercury light was there, was the
light a dusk to dawn light? Was it on all night?
A Yes. There was a dusk to dawn.
Q Did you ever talk to PP&L, after you received
this June 12th, 1996, letter from the Borough, about
shielding the light?
A Which one is this?
Q Well, let me show you this. (Document shown to
witness.) A letter on Borough stationery signed by Glenn
Harry as the Codes Enforcement Officer. And it's dated
June 12th, 1996.
A I believe there is the one that was sent
registered mail to me.
Q I'm not sure how it was mailed to you.
A Yes.
Q It's a letter telling you that you're in
violation and telling you you need to shield the light in
general?
A Correct.
Q Did you ever talk to PP&L repre.entatives after
you received that letter?
A Ve., I have.
o And did they ever say to you that if you
.hielded the exiatinq liqht it.elf that there vould be any
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problem with security on your parking lot?
A It would cut down illumination on my property.
Yes.
Q Did they tell you what amount of shielding would
result in what amount of reduction of light on your
parking lot?
A No. They did not tell me any size. I think
they just would come out and put a patch, whatever they
wanted to put on. They didn't talk about dimensions.
Q Mr. LaBar has told us today, and I think you
were here when he was talking about doing light studies,
and determining how much of a shield would result in how
much of a reduction of light. Was anything like that
discussed?
A No. This is the first I've heard it.
Q You said that there was this passing couent or
complaint from Mr. Hershey, and after that you dealt with
the Borough. Is that essentially correct?
A Yes.
Q At any time since you started to deal vith the
Borough, did the Borough ever tell you exactly what Mr.
Hershey'S complaint vas?
A Not officially. No.
o Did they ever tell you unofficially?
A lto, not to .e directly. No.
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RECROSS EXAMINATION
BY THE CHAIRPERSON:
Q Indirectly?
A It might have been indirectly through an
attorney.
Q You don't know where this light was shining that
it was annoying him? Was it coming in his bedroom window
in his eyeballs?
A Apparently it was going into a window and
bothering him.
RE-RECROSS EXAMINATION
BY MS. WINDER:
Q Do you know what window?
A No, I'm not aware of any window. The suggestion
was, put a shade in it.
MS. WINDER: Do you have anymore questions?
(Board members shook their heads no.)
MS. WINDER: I have no more questions.
MR. SHUGHART: I have nothing further.
Frank, you may step back.
I would move for the admission of all of our
exhibits and also admission, as part of the record, of our
application, with Exhibit A being the notice of violation.
{Whereupon, Eqger's Exhibit Nos. 1,2,3,4 and
application/notice of violation were 6daitted
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into evidence.) (No.5 admitted previously.)
MR. SHUGHART: Ms. Winder, you indicated before
we got started this morning, that you had researched when
the applicable Zoning Ordinance had been adopted. And I'd
be happy to stipulate to what you have determined, if Mr.
Houston is.
MS. WINDER: okay. I have a copy from the
Borough council Minute Book. It's a copy of minutes for a
regular meeting of Newville Borough Council on October
2nd, 1973. It reflects that the Zoning Ordinance was
adopted at that meeting. So the adoption, the initial
adoption date of the ordinance, would be october 2nd,
1973.
MR. HOUSTON: Stipulated.
MR. SHUGHART: I'm prepared to stipulate.
MS. WINDER: I also have a copy of Mr. Egger's
deed, but he'. already testified that he occupied the
property July 25th, 1971. His deed is dated July 23rd,
1971.
MR. SHUGHART: We'd be happy to supple.ent the
record with that. Do you object to my adding a number to
that?
deed.
MR. HOUSTON:
MR. SHUGHART:
Thank you.
No.
Put E-6, which is a copy of the
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(Whereupon, Egger's Exhibit No. 6 was marked for
identification and admitted into evidence.)
MR. SHUGHART: with that, we would rest at this
point in time.
And, as I said, since we've had three Board
Members sitting through this this far, I'm not opposed to
continuing with two, but I'd just as soon have all three,
if it doesn't inconvenience anybody. I don't want to be
insistent on my original decision.
We rest. I know that one of the Board Members
has to leave here in a few minutes. We can discuss where
we go from here.
MR. HOUSTON: I talked to the Borough
Representative and we're willing to continue it now.
MS. WINDER: So, we'll continue.
MR. SHUGHART: I would also indicate--and I
would leave this up to the Board--but there is a procedure
in the Zoning proceedings where you can have a view. That
means all of you and all of us would go to Mr. Egger's
parking lot and to Mr. Hershey'S house and look at things.
If the Board felt that would be helpful to them. Of
course, I don't think it would be very helpful to do it
other than after dark.
And after that, I think everybody gets an
opportunity to offer any further evidence on the record
,.
t"'\ 1 CERTIFICATION
2
3 I hereby certify, that the foregoing proceedings
4 were taken stenographically by me, and thereafter reduced
5 to typewriting by me or under my direction and that this
6 transcript is a true and accurate record to the best of my
7 ability.
8
9 7(.--.
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Notary Public, cumberland County
'_~e_
14 My co_is.ion Expires July 23, 1999
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APPEAL FROM ZONING OFFICER DECISION.
REOUEST FOR CERTIFICATION OF
NON-CONFORMING STRUCTURB AND USE
AND SUBSTANTIVE CHALLENGB
TO THE ZONING HEARING BOARD OF THE BOROUGH OF NEWVILLE,
CUMBERLAND COUNTY, PENNSYLVANIA:
1. Name and address of the Appellant/Applicant is:
Frank C. Egger
Frank C. Egger Funeral Home
15 West Big Spring Avenue
Newville, cumberland County, Pennsylvania 17241
2. The address of the property involved is:
15 West Big Spring Avenue
Borough Newville, CUmberland County, Pennsylvania 17241
3. The Appellant/Applicant is the owner of the property.
4. The name and address of the Applicant/Appellant's attorney
who will be representing the Applicant/Appellant at the
hearing is:
Dale F. Shughart, Jr.
Fowler, Addams, Shughart & Rundle
28 South Pitt Street, P. O. Box 208
Carlisle, PA 17013
5. The property is presently used as follows:
Property in question is a funeral home, residential
dwelling and parking lot for funeral hOlle.
6. The Appeal taken by the Appellant/Applicant is as follows:
By letter dated June 12, 1996, a copy of Which is
attached hereto as Exhibit "A", Glenn Harry, Codes
Enforceaent Officer, Borough of Newville alleges that the
Applicant/Appellant is in violation of Sections 5.4.1 and
5.4.2 of the Newville Borough Zoning Ordinance. The
allegation i. that th. dusk to dawn light illuminating the
pultinIJ lot for th. funeral hoae "causes an offensive
illumination or glare by artificial light which is deemed by
the Newville Borough to be an annoyance or disturbance to
the ~ers or occupants of surrounding properties."
~ Pursuant to Article VI, Section 6.1-6.4 of the
Zoning Ordinance, the Appellant/Applicant requests that his
dusk to dawn light be certified as a non-conforming
structure and use.
~ Pursuant to Section 8.4.1 of the Newville Borough
Zoning Ordinance and Section 615 and 909.1(3) of the
Pennsylvania Municipalities Planning Code (hereafter MPC),
the Appellant/Applicant appeals the decision of the Codes
Enforcement Officer.
~ Pursuant to Section 8.4.2 of the Newville Borough
Zoning ordinance the Appellant/Applicant states a
substantive challenge to the validity of Sections 5.4.1 and
5.4.2 of the Zoning Ordinance if such provisions are
construed to prohibit a 100 watt light, as used by the
Appellant/Applicant, from being used to illuminate a
cOMereial parking lot.
7. The grounds for appeal/application and substantive challenge
are as follows:
a. Non-conformina use/structure. The dusk to dawn
light fixture and light source in question is a valid non-
conforaing structure and use. The light pole and fixture in
question was erected in 1964. The purpose of the liCJht is
to provide illumination to the funeral ho_ parking lot.
The light source is and has been a 100 watt light on a two
foot bracket. The structure and use in question has been a
continuous operation since prior to the adoption of the
Zonift9 Ordinance and is a valicl non-conforaift9 structure alld
use entitled continue In existence and use.
b. The provisions of the zoning Ordinance which the
Codes Enforcement Officer alleges have been violated have
not in fact been violated. section 5.4.1 of the Zoning
Ordinance refers to "illumination by artificial light or
light reflection beyond the limits of the lot."
Section 5.4.2 of the Zoning Ordinance refers to "glare
beyond" lot lines. Illumination/glare from the light in
question does not extend beyond the lot and its visibility
is not an unreasonable annoyance or disturbance to
surrounding properties. The neighbor who complained about
the light, Mr. Robert Hershey of 8 West Main Street, has a
residence which is at least 200 feet from the source of the
light. The light illuminates only 50 feet from the center
of the light which is within Appellant/Applicant's lot
lines.
In ccnstruing the meanings of Sections 5.4.1 and 5.4.2
of the Zoning Ordinance, the words used in the Ordinance are
to be considered in their common and ordinary sense unless
otherwise defined in the Ordinance. Further, the Ordinance
may not be unreasonably construed to cause a forfeiture of
property rights. The light emanating from the 100 watt bulb
in question is consistent with street lights erected and
..intained on public streets of the Borough of Newville for
illumination of the gener.l public during the hours of
d.rkn.s.. A.. matter of l.w, the Applicant'. light, being
con.ist.nt with public light., c.nnot be considered a
violation of the provisions of the Ordin.nce. Illumination
in the parking lot of the funer.l home ia reasonably
nec.ssary for the safety .nd convenience of individu.ls
making .rranqe..nt. or attendinq servic.s at the funeral
hoa.. A reduction of the amount of illumination provided
would cause a .af.ty h.l.rd for individuals usinq the
10/21/1995 04:05
Il iTT!9Dl" 776' If{ff'l
FRAI'f<C EGGER
PAGE 01
'Celebrcrang the 100th annJ\I8/Sary
Of lhe tounttn!l Jll 1990'
~ugh of
~.
~- Cumberland County
-. 4 West St. Newville, PA 17241
Borough Council/Woter ond Sewer Authority/ Zoning Hearing Boord/Planning Commission
/
<t-~~IB'I \\pJ
Hr. Frank C. Egger
15 Yelt Big Spring Avenue
Ne""ille. PA 17241
June 12, 1996
Dur Mr. Esger:
AI you are aware. the Borough of Newville ha., in lood f.ith, attempted to relolve
a complaint received by the Borough recardiftl the duak to dawn liCht in the
parkinS area to the rear of your property at 15 Yeat 8ia Sprina Avenue. In
that chi. matter ha. not been reaolved latilfactorily to the lorouah of Newville,
you are hereby liven notice of the followina:
I. The Borough of Newville intend. to PTOCeed with an enforcement proceed ins
asainet you in accordance with the provi.ion. of Section 7.5.1 for
violation of che Newville loroUSh Zenins Ordinance.
2. The property in violation i. 15 Welt liS Sprin, Avenue, Newville, PA.
3. The .pecific violation i. that there i. erected to the rear of YOUr
property a dusk to dawn licht which ia dee.ed to be in violation of
Section 5.4.1 and 5.4.2 of the Newville Borouch Zanin, Ordinance which
cauee. an offenaive illumination or slare by artificial lilht which ia
deemed by the Newville BorouSh to be aD annoyance or di.turbance to the
owners and occupant. of eurroundins prepertie.. You h..e failed to
cooperate with the Borouah in ha.inc a .hield placed upon the du.k to
dawn lilht which would reduce the illumination and slare.
4. You are hereby advi.ed co co..enee within ten (10) day. of the 48ce of
thi. letter the necellary ,tePI to inltall an appropriate ahield on the
liaht fiKture Which would reduce tha Illumination aftd Ilare cau,ins aG
aftnoyance or diaturb,nce to the ovaer. and occupanta of the eurroundinl
propercie, vhic~ 11e to the north of your property. The appropriate
ahiel. mult be put in place within thirty (30) day. of the date of
thia letter.
). You are further .d~i.e. that you ha.e a rilht to eppeal to the toninl
Re'rins IOard wichin thirty ()O) daYI of the date of thi. letter.
6. Your t.il~fe to comply with the notice within the ti.. -pacified or to
.,,..1 to the tenin. Re.rinl loard will c.... the 'O~th .0 prora..
with an enrorce~nt proc.ediftl in accordante with the procedure, of
Iotough offlce/Authority offlce
(JIll 776.76,13
Wotet "'ctlon pIonttwos.. wete, treotment pion'
(117) no.-5633
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,\!tam, "'C drt wtlltn!! 10 install a shield on the H~', ~d(';>1 the- ',,:': \ "h
w"ukl ",. \\illl'1~ 'n n:-lJ.mp ,he in:.1,f, ltiun and change thccol'lr ufthc !illl\! I'd'" It, ~.....,
(\rollll!~ ('1'1", ,,' lit:: hjlOc-\\h:tc ",!." .lidl W;lS on~lIlaJl)i instaJlCo'J, I'lc~\' It! Ir.,' .,,,;,,, i' .he....
..:u..'~l."U"I" ,~.'.' ~\o\;"rtaHl. let ,-iH t!,~ rriucirals
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Ad.
MAD8 'I'H8 " 3
0/ Ottr Lord OM UIouI411d nine hulldre"
4411 0/ ~
seventy-one~ ~
in CA. II"'
B8'tW88N GEORGE D. REARICK and 1.IAROARET K. ~RICK, h18 wite, 01'
the Borough 01' Ne\N1l1e, CWllberland County, PeMsylvania, parties
01' the tirst part,
Onsator "
..... FRANIt C. EGGER, JR., . _ . ~ _, 01' Langhorne,
Bucks County, Pennsylvania, parties 01' the second part,
0...", s:
W1'I'N88SE'I'H. IMt in oouiIt'""_ -/ DeIJIre
Thirt.y-.t'1ve tho\.lSand ($35,000.00) ______________________:-.=.... __;
in... pei4. CAt f'feript tM"""/ it Anw" .......".." CAt "ill "...,.'s t. _",v. .,_
alld ~ ,. CAt .u ".,.t..s. their heirs and assigns,
ALL those two certain tracts 01' land and the improvcOents
thereon erected, situate in the North \:lard ot the Borollgh 01' flowllle,
C=be%5and County, PeMsylvan1a, bounded and ducribed as tollowa:
TRACT 110. 1 On the south by Big :ipr1nf; Avenue' On the
eut by Tract No. 2 hereinl On the north by ChlU"ch .uiey and on
the west by propertytbrmer y 01' Grace $. R1nehart. Cont.ain1n&
510 teet in tront on said BiC Spr1n.l: AVenue :md extend1n& at an
even width 180 teet to Church Alley.
BEING the see conveyed unto the crantors by two deed. 01'
Je..e p. Rearick and Sadie D. Rearick, h1. w1fe, a. tollows: Dated
June 16, 1945 recorded 1n the O!tice ot the Recorder 01' Deed. in
and tor CWlIberland County 1n Deed Book "Y", Vol. 12, Pac, 541 lUld
dated June 10, 1948 recorded in the aforesaid orrice in Deed Book
"V", Vol. 13, Pace 335.
TRACT no. 2 BeCilUl1nc at a point on the northern .ide ot
81e Sprinc Avenue, (tor=erly Railroad $treet) at the center line
01' the wall or the propGrty dulpated Tract lIo. 2 hereinl theca
alOllC the northern line ot said 81& $pr1nc Avenue, eutW&rdlr 27 1/2
teet, tlOre or leu, to the line or l:md ot The Firat l:ationa Bonk
ot Newvillo; thence by .ald latter land, north~~ly l$O tett to
Church o\lley; thence alone aaid 3110y we.atwllMlly 27 lJ2 teet, GlOre
or leaa. to ~e lint of land dt,cr1bed as Tract l~. 1 horein
thenc. by .aid lattor land aouthw~rdly laO foet to a p01nt, the
Place or &e&1nnine.
WNO the aa.me preches eOllveyed t.o the cranton b1 eM"
or tht Oev1aeu and Htir. or G1deon U. Wn4ia d;lUcl OCtobor 10. 1960
IZI4 recorded ln t.he atoreaald off1ee in Dee<< lIoolt ",t". Vol. 20. Pap
l~l.
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-- Co. .... 0.0. - ..... Ioc. .[24... 836
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llEIl;a I:::provod with Q tllO story brick 4Ild alw:l1niw:l lI1ding I
dwolline; hOJ:lo and funoral hoao and a ) car fraQ8 larql. Known "
and nw:lbored 15 and 17 ~ost Big Spring Avon~o. 1
This conveyanco is s~bj.ct to an olluoaont in favor of the I
Firat /lational Bank of NelfVille, Pennsylvania, recordld in the aforesaid I
office in '4l'cellaneo~a Book 2, at Pasl )20.
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LAMP PERFORMANCE DATA'
ANSI AVO srAAf.UP RESTRIKE INITIAL IHltUl MEAN
WATTACiE COOE RAnD lI't: TIM[ TIME LUMENS lUW[HSI LUMEH
'HASI IUINUUSJ (MIHUTESI lAMP WATT RATING
tUGH PAESSu~[ 5001U", CCLEAR)
JS S75 '6000 J.. . 11SO 6< 101$
so S68 1'000 J.. . 4000 10 J600
70 511 1'000 J.4 . SlOG OJ S1211
'00 ss. 1<000 :H t ISOO 'S ISSO _
'SO SIS 1<000 3-t . 16000 '07 '''00
200 S68 1<000 Jo< . 12llOO 110 'llIOO
1SO SSO 1<000 J.< t 11100 110 2.7~
J.o S07 14000 ).< I J7000 "' 33JOO
<00 SI' 1??oo ).< . soooo .n < SOOO
600 S'06 JOOOO 1-0 - '2llOO 'S7 llIJ60
'000 su 1<000 ).< t .ooooa "0 '1lIOOO
HIGH PRESSURE SODIUM IDI'FUSEl
JS S71 '6000 J.< . 1'SO .. ttn
10 S6I '<000 J.< . laOO 71 J'70
70 S61 1<000 J.< . 1000 77 <160
.00 IS< '<000 J.t . ltoO II "70
.so lIS '<000 J.< . '>000 '00 'noo
"'ETAl HALIDE tCttAR,
70 "'UPI.70 6000 t 10,'$ sooo " <!>OQ
"'0 '''A 7100 J S.'O 'tOO :e "'0
,,., Mal PS.l~ 11000 . to.15 111SC! 71 tQ-12\
, ~~ MS.t '??oo 1 '0 ~'JOO 10 1~l)Q
''''' "~. '??oo 1 ., '"''''' '1 ,,'2liJO
'30 v59PJ ,??OO I '0 ,""", ., ;;"8800
'00 "'!J,PJ lOOOO 1 '0 .001)0 '00 32000 J
"'0 ""!I9Pl"..aQO .??oo I -0 3.;;:00 IS JJ600
:,0 "'H"~ sooo J 10. Ii al'lOQ .., ~..l'OO
'000 '''' - 01100 < 1;).'! .,??oo no ...."'"
'''''' "," JOOO S 10.1\ .,~ -., . moo
-
",(Ul H"uor .PHOSPHOR COAtEO'
HI . US, \1,000 I '0 -- 10 ':1600
110 USI tOllOO I '0 10100 11 '1O!oO
"'" uSl-.c lOOOO , '0 - !IO 11100
'00 .~- lOOOO 1 '0 .??OO '00 J.ooo
""" ..., '2llOO . 10.1$ ."""'" 'M IOSCO
"'{RCuR' VAJtOA COElUle WHltu
'00 HJI 1<000 P " ."'" 'S suo -
.'IS "31 I'''''' S7 11 .... .. 7_
110 H17 1<"'" Sf 11 .""'" Sl "000
>CO ..]) 1_ 17 11 1_ ~ 10'00
1000 ... 1<000 S., H ",,",0 I) .....
lUf'04GSf(N "'''lOGEN
''10 [I.. lOOO . . 1''' II n.:JO
'''' n.. lOOO . . .... ,. "00
><Xl - lOOO . I H$ II lory
."'" lOOO I . ~,- II 700.-
'''''' tJ.u '000 . . ..... :~ -
,,"" MOO . . 1..... l4 ,.""
-.-. '~---'---' .-.------~, - . .--..........,.~.- - . -.-_..~._.~.. ._-_.~
....:~~~ (~, \o"1<<'''c ~l'nt!\uC~''''MnU cQnf'(te..IHIt~,,",,'(:~"'Ii'.
'", rl)O""4,t>(W'.".~." ~~ "'~ .....,!IO\'of. U.,ri i\ I f\d"i"~
~~';:' \.",........ ''''''''Q:W''''':'II'' ",,,.", (....... ~ ~.."
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ThiS male,."lls Intended as a helpful gUide when us.lng
Hubbell's lighting products to select or speCify a hghling
system The sublects covered are presented to the depth
and breadth necessary to evaluate one's lighting requite-
ments and are Intended to serve 0"1)' as a gUide
TERMS
CANDELA or CANDlEPOWER - l.ght sources do not
proioct the same amount of light In every duet lion. The
directional characteristic 01 a lamp IS deSCribed by the
candlepower in speCIfiC directions ThiS directional
strength at light or luminous Inlenslty IS measured In
candelas
LUMEN - Llghl Quantity, l(reSpectlve of direction, is
measured In lumens. lamp lumens are the quanllt.,. of light
produced by a lamp Average "ghtlevel calculatIons use
total lamp lumens as a bUls and then adlust lor all factors
that lower thiS quantlly, The amount of useful hght In a
floodlight b!im IS measured In beam tumens
FOOTCANDlE, Ic - Speclhcal'o", are usually based on
denSity 01 light or levet of IlIumlnallon which IS measured
In lootcandles Footcandles 3re the ratio of qvantlty of
hghl tn lumens dIVided by the surfJce area In sQuare leet
on which Ihe lumens are failing A densltv ot one lumen
per square loot IS one fOQICanrjle One IOOleandle IS equal
10 10 76 lu.
lUX. II - The $1 unit 01 illuminance ThiS metric
measurement IS based upon the denSity of lumens per unIt
surlace area s,mllar 10 fOOICdnaie, ereept one h..l' IS Or'le
lumen per SQuare meter One tut IS equal 10 09 loolc.an~le
VISUAL COMFORT PROBABILITY, VCP - T",s
measuremer-.l ri'leS Ih~ Quahly of IrHC(IOI tg!":11l"9 and IS
fel.11cd 10 d'S:OMIOr1 glare It clpresses tlie percenldge
nr peo"le wno would rat~ a pJrt:cu1clt lIghl,ng ftI1ure or
/'g~l,ng system as a::ce;:.tdble In terms at dlscomfar1 glJre
The rahn9 IS based uoon speCified vle"'ltlng tocahon In a
specll~d 'V,ew,n9 dlfE'ct.t>n Ie s recommends Ihat it VCP
felling be 70 or higher 101 mos.l IndOOl otflce and Halnlng
laclhtles A Vilflahon of S Of less VCP rahng pol01S between
hghhng systems IS cons~erE'd .nSlgnlflc~n'
LIGHT lOSS FACTOR, llF - TMs.. laclors are used 10
adlust IIghh"9 c~tculattOns ftom labor.aloty lest ConOlIIonS
10 a closer .pprO.omahon of e.peCled lleld results The
IE S l.ghhng Handboolt, 1984 Relerence VOlume. dellnes
llF as toUows na factor used In ca1cu1ahng tllumtnance
a~~r a gIven penod of tll'Tle and under gIven (ondtllons II
1akes mlQ account temperature and voltage "arlaltons, d.t1
acc:umutahons on tumlnalre and room s.urtaces. lamp
d~preeiattQl'\. m,Jlnfenanc.e pmce(ju1es at'i1 almosphere
C ondlttOf"l\
Genttally. ion t.a.C10f'.i ar~ diVIded tnto two groups.
claued a'S 'eco~fabie' and nomecovefahl@' ("tIer to
F.gUfe I)
fiGURE ,.
Non~co,,~t.t;lJf
tel'T\perah..lff f"CIN
llnf' VQlU~'f raclOI
f\.lil.a\1 r.etor
lo1;mt' rv\lf;O" (T ,It)
, "i:t!j.f
(q,<Atpmt'nt ("'t"fJ.~'''<J
li',iCh.-,r
t ,,'th''',,'I'P S\;~'",- ~
(~~_....~ d',,',('I. J ,k,ldl
'RiCOy", 'bJ~
tamp l umf'~
t>t>ptt!'CtlhCi'" fActor
lamp 8\lft1,-lUt r ,;" h)-I
t l.~~""'''';~ O'lt
{~rrtf'(l"t'(,,,,, '"{'h:u
n,-t()~ S~_Jtf.t(l' ('Iort
l}p'\te{,'Jh~'r't f.h.tl'f
."-.~
t~on'L\
.
l ,gMin1f. h"~'
Nol all factors are applicable lot .lit IUnllnauc lypcS .lnd/u'
appllcaltOnS However, each lighting deSHY" Should hI..'
evaluated to determine approptlale light loss conSlder,]-
lions
FOl c.ampltl
Temperature Factor has an inslgnlltcant cflecl on HID
and Incandescenl lamps; however, It IS a major factor
aflecllng fluorescent lamp lumen output.
lamp Position (Till) Factor IS not a conSideration for
incandeScent or fluorescent It IS, however. slgnl'lcanllor
Mercury and Melal Halide HI 0 lamps. Figure 2 IS a
tYPical lumen output eharaelenSllc curve lor a metal
halide lamp as a funcllon of "hlr"'rom Its vertical PO$lhon
Minor variations elust between manufacturers
FIGURE 2'
..
~tOO
2
:>
~90
~
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ir eo
w
>
~
o 10
~
z
w
u
5 0
..
'0 >0
)i) to !to fl.0
1Q eo 90
OP(RA'I""G "'~Gle f~OM \(E:~hC"'1. l~ m:GAHS
Room Sur1ac~ Dirt Of'preciallon faclor I; not appitCdh1f'
In outdoor 1"Jh1!n9 C.llCulallons Ttw~ ~hOuld Oe ev,aiuJ1i;"<1
lor FnW~lor cal,:::ylatron<; and IS a !)tgnlf,cant teCOv("f.l~)lt.
lOSS lor 'In~.r('ct- ',gr,t,n9 s")o'sle:'ns
eaUa!o1 Faclor IS a lOSS 10 be consla~'ed 10f both ~i I 0 and
flUQfc'iccn! Ball.l....: factor 1$ me d.1ference ollamp turtle/l
output prOdllCt"d from lYP'Cc11 commerCial bJII.nts vt'rsu'i
the lumen output of tamps opetale<l on ff'lcrcnCe bdHasl">
More detlnlllve dala IS aVclllabh? lor f1uorescenl systems
and vanAtlons e.,st dtpendlng upon lypeSOI balla':il-lamp
combinations Some Iluorescenl "'ow puwer factor
ballasts may yield Inlttallosse, as high as ~below rah~d
lamp lumen output
See tne I ES HandbOOk lor more COmplE'1f d~la.ts and
e_planahons relaled to Ihese and oth~f light lO~5
r,ero's
-, E S l'9"lon; H.<\4bo.o'" 19a.. Ref.,..". VOlu....
SOURCES
lamp manufachHt'tS are continually devetoplng n("w
lamps and ImpfOVIfH} ell.lSh"g onei WhIle de\Ctlpllons. o!
rhe lamps. beu"t9 u\ed tod'y ate Inctu<l~d In thtS sectl,)n
lamp Ittpr.J;ture 'Should be tr.Q~ntly updated FamIlies 01
h<;ht SOurer, commonty used today are
Inclndelcr-nl HIgh 'ntfn'tty
{\I''lctudH'g qua", or Oilch.". (HID)
tun~\tltn "".lIng"'''') . Mercury V.tpOr
FluOf*'Cl'nt . Uel.11 "''''hde
. tiH;J" PU'51,"lIt 5odlu~
INCANDESCENt tAMPS ,., ,\" \flC,In"rUe-t"1 '3'''.'
'l.~ftt'-nt '.. ~',;n t~'f\.'\.7'ih a WH'fto .ht(h "t;lats. up .lnd q!c'lllJ'i (."
l''it:.l''h}r>~:d. "'I ~1'''''''1 aU hqh~ C""l~.lLt~'I'S.t\C'S 01 thiS t,l'~.\
.l'" ,..l.t~,..",,'i \h'l:~ \,1.. ,\<'1'11.1'" t"t!;r.l;::V (H t>'~.,'t'",.'t "
lumens pcr wan 01 elCCl(lcal energy II gIves a gencrally plctls.lnt
color renditIon. It IS easy 10 dim and the light can be controlled
vcry well Included In the IOcandcsccnllamdy 01 lamps IS the
tungsten halCX]Cn or quartz IOdIne lamp Ouaru lamps wele
developed 10 Improve the lamp lumen depreciation 01
Iflcandcsccnl ramps by enclOSing Ihe fdamenl or Wife In .1
quartz lube cont.llnlng a halogen gas. The chemically lakes
Illament particles thai have evaporated 10 the wall and
redepoSIts these par1lcles on the llIamenllhereby Incr(laSlng
lamp hie and lumen maintenance
FLUORESCENT LAMPS - The Iluorescentlamp produces
Irght when low pressure mercury discharge generates
ul1raVl()rel energy which aCllvatcs f1uorescenl phosphors on
Ihe wall 01 a glass lube. A chOIce 01 phosphats used on the
fluorescent lamp make the manutactunng 01 lamps With
d,lle'enl cola, cha'acter;s"cs possible. To operale. Ihey need
aU.lhary eqwpmenl called a ballast, which acts as a current
IImlllng deVice and provKtes 1he voltage necessary 10 .golle
and sustain the arc.
HIGH INTENSITY DISCHARGE LAMPS
MERCURY VAPOR - Mercury vapollamps a'e Ihe IIIst 10
be developed In the lamlly 01 h"Jh Intenslly mercury discharge
lamps HID lamps arc Similar 10 fluorescent In Iha11hey both
e-hltlll negatIvE" resIstance Impedance eharaC1Cfl51lCS
Secau':.C' ollh!S. ti I 0 lamps also reqUire aU.lhary CQulpmCI\I
I:) li,."t (he ld'll;l current M'~rcury vapor lamps are made 01
an lnn('1 QU3rtz arc tubing containIng an e1eclrodc al ('1:t1t"r
t.""~ Th,S lutx~ aT~o contaIns a starling electrode whiCh start:;.
a71 a'9Jn.me-rcul)I Ionization process nf:cessary tOf 19"lltlOO
ThiS C''ll're ass~mbly IS enclosed wIlh an outer glass Jackel
~..('rcu~ '<Iapor lamps arc known lor their tong hie 1 heir e",cacy
l~ bcnN lh,ln lncandescenl lamps bul not as gotX1 as thf~
G!~er HID Of liuorcscenl sources PhOsphor coated m('l'cuIY
la~ps g've ber.cr color rendl:IOO Slmlfdf 10 warm fh.Jor('scenl
1.1rct~S Colol fcr.d,l,on IS poor With clear F""'\ercury Vdr","')f l.lmrh
Me-tCury vapor lamps are used where long life 1$ Impetldnl
METAL HALIDE - Metal hahde lamps ,)lC $1:Tlll,Jr l~ de::'~G~
,)"Ij c~~lal'(H1 L1 f"'lCrcury va;JOr These !a~;1s h,lVC ad,J;llvt".
l() l'V~ mcrcu:'"'y ....!l'ch reSu!1 In bell......, (:;t,)l' t-(:-r~(lil:()" Met.il
P1,1:'(~E.' I.}rnps. a':.o have at1 e!f.cacy apprOllmately 100".. hlghN
It'l.1l1 ~ercury \/J;:wJt lamps lamp hIe, tumcn dl"preCI.1hon an-.1
coior stabilily a:l' not QUIte as good as metcury vapors Metal
halldr lamps arr used where effiCIency and color are
important ..
HUBBELL ELECTRO.REG" METAL HALIDE SYSTEM
ThiS IS a lotafiy new ballast (Ireu" approach 10 e'~t'tCal!y
SUpDQrl the melal haltde discharge lamp h processes eoe!gy
10 the lamp In a much more lamp.comp.a1ttNe manne' It'd"
L~e conSTant wa:1aqe autOtegulatOl fCWA'Pl.A) CircUIt type
T t'e E iectro" nt~g b,llla~1 IS a 1hree COf! magnetics structu'e
111 which lhe I:ne energy I~ processed thru one magnl'ftc
lfailage l,('ld l-J .11 energy lI.af'lslcr capaclt;)f'. t~ru .a Sf"Corh1
mJ'.~"'CI'C lea_aye l'e1j to the lamp arC m(~chdn15m ThiS t'rW'9i
H J.r~.,~t'" 5ySl(""1liyces a very tllgh degre.e 01 e~ctr",a;l Clynam.(
1:,~~:Jll(}n t>(>t'M>Pf! t~~ arcing dlsch-arge lamp a'1d Ihe near l~v
1!....c"~3"(e ')i'...er source n provides etcell(>f" operat~ ...;';1,.\?
krr'1 co"I"OI "":'"\ ~'gl"\ltlcant lamp pertOt'mafl<~ rnptO\,!€"fT'4"'-',Is.
HIGH PRESSURE SODIUM LAMPS - '1'91' preSSlJre ,,,,,,,,,,
lJ.~"'.;') J'e ~'!"',;Jr 10 mercury and !"'\@,IJI I'\.allde l.1ro'1PS I"
CTf"J,t<)n h<,'<....!"er, COrtStll.lCll()fl IV~ ~".,\t(:at A4)pe""'V"(l~
(1.'1(., HP~; ;;I'-';~'l conta~ lP.-nUn d~ J \!..li'1'fl'J y.n 10 1!\I:'."'l~
th' J', ",P,.{ h ....1;:\.11',;(15 a ~;,:x1j\J'Tl ml"-J'(vf) lI:T1,}tQ;VY\ r.~;')
1.1'''',,' "',\\ ,) ~"';" (<+t<<.tt:y of a~"}fCI:/-'!!"~V '.?S '01""""',,", i""'"
....;~! (~.~f" ,,",~'.Ett~'1!:tihCS ('f thr'i. j.l'~t' a'~ ,J qott..~". \',11,\1
4"',~ 1.1"'~1 I,f.-> .\~,~ de' e.cpl~(>r~! h,j'"""l'" :.~p..",.t''-'I,)!;O~' !,t: ':'t
'.,~"<']~ ~'.'::~l'" :'.; (",',';J'V) IS \i~\j.l!i. '~"'i'"n::"~ "l 'l1"1l~~;-:.. "''':~
,'!t-f"' i",'-.l"" ...:_1' Iht.",f" :.I"'i'" "'9'" P',"\~ut~ Sod'll'"
l.l'''''P\ A'" LJ......~ w"~,~ rtt;(;~"('., 1'\ 1~',1,1 ,mpolt~!\t 'A,:~\)r
..;~,~ (;.,)!~)r 1'\ ,",'~
.~... ."- ,'.... ~. ',' .. ,~ .,,, '"
...... _'''',I t'"
.'......,
FLUORESCENT DIMMING - S,ngle.lamp and rwo.1amp
u"lvprsal dllnmtlll] tJ.1U;l~IS .1fe .lviulaule for vJf)'I"gllghr Oulpul
of ~t,lf1(1.Hd 40 w.ll1 IJpl(1 slarl 1,lmps. Slf.lfghl or U-Shdped
NO 5peCl<11 .1u".lh,lrll''i ~U(! needed The c:Jlmmmg ,ange IS
approlumal('ly ~ II,) 1 Olmmlng 01 reduced ~'Jndgc fluorescenl
lamps IS nol recommended DlflllTtlng bandSI compaliblllly
should bt' vculled Itom Ihe specIfic dImming conlrol
manufac.lUler
LOW TEMPERATURE STARTING - Standa,d balla.1S 101
slandard brPln.base. 2.lamp sllmhne and high oulpul
fluorescent lamps are deSigned 10 provide relIable slartlng al
ambrentlemperatures down to 50'F All reduced wanage (Walt
MI'er. Super Saver. Econ.O.Wanllamps Will sta,t reliably With
Slandard ballaslS down 10 6O'F Special ballasts are available
lor appliCalions where slanda,d lamps must be started at lower
temperatu,es Most low temperal~re ballaslS w,1I slart Slandard
lamps down 10 0'" wllh Iow.temperalu'e HO ballaslS good
lor .2Q'F Some standa,d 1500 ma ballasts provide lor cold
starhng. but do nOI Improve the reduCed light output Ihat
normally results Recommended temperature limits should be
veflflcd from Ihe manulacturer H1Qh pressut~ sodium bahasls
Will sta"lamps down to .40'" and metal hal<ce ballasts down
to .:lQ.F
FIRE RATED CEILINGS - rile res'S1ance ,allngs p'ovlde
a measure ol1he aD;111)' of a st'uctural ass.embly 10 act as
a ba"I('t' 10 the spre,1(1 01 lite tram arl?d 10 ,n~a and contIne
the f,re 10 11\ .lre.! 01 QftQ,n
Fire reSlsla:xe raltngs d~pty only 10 assemeJlres In their ('Mllrett
IndIVIdual components .ve no1 assignee a IlIe fe'jJ$tance rating.
and a:e nef Intended I;) be Interchangt~ bet'...~en assemblies
Rather t!-let are desI9n,~:N1 for use In d s;;ecltlc destgn to
ordt" thaI Irs rating may r~ achlC\led
Gcner,lltv llLJQI'esc['rll hlures ~'UIf'l9 the Ul. I'Sling mar'" carl
bc UUil(',jlfl f!lO~t Hik1r (t'l!lng or tOot.cet[,~g Ct~SI9ns. as 101'19
;l':. tt1,,?, ut,! led t,..IUI(' ,n',) O:)..:'S not f'.(t't".' the 'i;X'cltred
U'lltnql;'h;re arca I,lt':l ,nd .l'e lnstaflcd .::S H~qUOfCt1 by (he
',P('C;1i( u)nSlrur:tlorl (~o:l.J,;~ 01 the UL O-.:i..gn No ~tnq
:-{jn',.,'11.(l"~
Spec II" c~r.~WU(110fl dt~ldd':i Will Vd'Y but .1 conSldl.'l'lng an
el.pi)~('d T celhng g:ld syslem. r.10-s.1 ~esl9ns reQuHe
adeMu)nJ! t:ange' ""'lT€ al ttle mldpoinl 01 ce,I.."'l9 grid tees along
each 4' Sf(Je 01 nomtn.li 2' I{ 4' and ,. I{ 4' luminaIres as W('n
as hdflgef ~Ile al each 01 the tout COtne;~ of t.~e hlures
In addItion fo the haf'gt"'f wIre requtlements. mo;t des'9"s also
t~I'e ttle use Of hlur(' proIeetlOn whtch IS ;.;~ua"y t.abnClted
trom a'la.l,able celli~ .Icoushcal mater~aJ beanng the Ul
ClassIfICatIOn Maril.l1'l-9 .....lIh appheatiOf1 dtM..aIIS as specJfted t}y
the spe<:II,c UL De"')n ~'" The edent ol h1ure protect","
may fdrlQe k~fT\ as II!ll1' as a ~Ingfe Ptt!ce at malenal over
1he bae. of tfle turn.n.)~e wllh aff gap ~tNeen the tirrure
,'nd ",.,,,,,al '" the "'" ol a complele I._e (51 .oded 00'
encl,Js,nq l~e tlnure
Carfl' sh(lu~ be OO>>f"rH':1 Jl"\ ltle appltC: ,thO" at IlJmlnatreS '"
hre t....tt.'>d a'3.\embtl{''S !J ('('su'e mat b.l!l,ua ~;) 1'\()1 overheat
th~ebv fE''JlJnlng dl ~~\~b!f\ed b.lttast j;l! ,l~d'or flUI$ancf-
In'''ltnq of ~e ballast t"'~"'al ~tQt
Tnt! use of t""ertfy SJ'i,,-,r,g. bat!asts.lnd 't'"-J-..(t?J *J.n3ge I4mps
*111 .~.atP pote-nhll !~~maf ~\ if\c '1)()SJ apphc.rfQns
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"...........
August B, 1996
Newville, Pennsylvania
Zoning Hearing Board of the
Borough of Newville convened for the purpose of hearing
an appeal from the decision of the Zoning Officer with
regard to a dusk to dawn light on the property of Mr.
Frank c. Egger, 15 West Big Spring Avenue, Newville, PA.,
17241. The appellant seeks certification of a non-
conforming structure and use and has filed a substantive
challenge to the Newville Borough Zoning Ordinance.
(Convened at 7:30 p.m.)
MS. WINDER: It's 7:30 and that's the time that
was designated for the continuation of this hearing on the
appeal from the Zoning Officer's decision with respect to
Mr. Egger's property.
When we stopped, at the prior taking of
testimony in this matter, Mr. Egger had testified.
I'm not sure that Mr. Shughart was ready to rest
his case. So, I would ask whether or not you wish to ask
anymore of Mr. Eqger or call any other witnesses, at this
point?
MR. SHUGHART: Not at this point.
If I did not already do so, I would ask for the
adaiseion of our exhibits and also the Zoning Appeal with
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the Exhibit of the Notice of Violation attached.
MS. WINDER: E-l through 6 were admitted.
Are there any questions that any of the Board
Members have of Mr. Egger before we move on?
(Board members shook their heads no.)
MS. WINDER: Now, prior to opening of the record
this evening, there was some discussion with Mr. Houston
and Mr. Hershey concerning the order of testimony or
statements to be made at this point.
And since Mr. Hershey's property is the property
which is, let's say, most effected in these circumstances,
it may be more logical to have Mr. Hershey go ahead, at
this point, unless there's some objection to proceeding
that way?
MR. SHUGHART: However Mr. Houston wishes to
present his case. We're not going to object to the order.
MR. HOUSTON: Mr. Hershey is not .y witness. He
wanted to give his presentation. so, I sugqested that he
qo ahead and qive his, and whatever witnesses I have, I'll
just follow-up.
MS. WINDER: I think it would be .ost logical
and efficient for us to 90 ahead and hear that testi.ony
and state..nt, at this point. That would qive us an
opportunity to ask any questions and then proceed with the
Borouqh's testimony, if there is any.
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MR. SHUGHART: If we're going to proceed that
way, I have no objection then.
The Municipalities Planning Code requires that
Mr. Hershey make a written statement of appearance as a
party in the proceedings. And I would ask that he
supplement the record with that at some point. He can go
back later and write it out on a yellow sheet.
MS. WINDER: We'll ask him to do that. We'll
make sure he does that. But, anyone who is an interested
party may testify. And, I would think it would be more
efficient if we did it in that order.
MR. SHUGHART: I have no objection, as long as
he follows the required procedures and enters a written
appearance as a party.
MS. WINDER: Mr. Hershey, would you like to come
forward?
We had sworn witnesses or persons who intended
to give testimony before the Board previously. Had you
taken that oath?
MR. HERSHEY: Yes, ma'am.
MS. WINDER: And do you understand that you
remain under oath, at this point?
KR. HERSHEY: Yes.
MS. WINDER: And that any testimony you give you
say will be the truth, the whole truth, and nothing but
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......
the truth?
MR. HERSHEY: I do.
MS. WINDER: Then we'll proceed. Would you like
to address the Board?
MR. HERSHEY: Okay.
Whereupon,
ROBERT HERSHEY
having previously been sworn, according to law, testified
as follows:
DIRECT EXAMINATION
BY MR. HERSHEY: My name is Robert Hershey. I'm
the neighbor who abuts Mr. Egger's property to the north,
and I'. the person that had complained about the light.
MS. WINDER: For the record, would you give us
your address?
MR. HERSHEY: 8 West Main Street, Newville.
Let me first say that if I knew now and if I'd
have known, when I first approached Mr. Egger about his
light, that I would be taking light, stealing light from
his property, I would have dropped it at that point in
ti...
My purpose of being here is not to darken the
property. And I reel so sure that the shield or a shield
will do the job. 1 feel so sure about that. And that's
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the main reason that I have continued the challenge.
I understand Mr. Egger's position as a
businessman in town and his need to have light on his
property. My main concern is the amount of light required
to light his property.
I seem to be getting an awful lot of, what I
call, extra baggage. It's light that Mr. Egger does not
require, which I would like to illustrate shortly. Not
through Mr. Egger's fault, but the light seems to be of
the size that could probably light, I'd say, two or three
of his properties.
A few statements were made in Mr. Egger's
appeal, if you would allow me to call attention to, just
to clarify where I'm coming from.
MS. WINDER: Yes. will you cite specifically
what document it is that you're looking at, as you make
these references, so we're clear?
HR. HERSHEY: The document is the appeal by Mr.
Egger, the appellant, to the Borough of Newville.
There were a series of grounds for the appeal, a
few that I had taken exception to. And, I'd like to talk
about a few of them with you.
I don't know if you have it in front of you, but
on the second page, It.. 7, is a list of the grounds for
this appeal.
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Under, a. Non-conformina use/structure, the
second sentence, "The light pole and fixture in question
was erected in 1964." I think we'll find that it may be
that it was erected in 1979.
The main point I'd like to make here is on the
next page, Item b, the seventh line down. " Illuminationl
glare from the light in question does not extend beyond
the lot and its visibility is not an unreasonable
annoyance or disturbance to surrounding properties."
I and my family are quite disturbed by the
light. It does extend beyond the lot. I think, which we
will probably see, hopefully after our meeting tonight, if
it's not took dark.
The last sentence in that paragraph indicates
that, the light illuminates only 50 feet from the center
of the light which is within the lot lines of the
appellant.
I've stated, at one point, to the Planning
Commission. In fact, I've had them down to look at the
light and how it penetrates our yard. It doesn't now, of
course, the tree. are leafed out.
At the last testimony, trees became quite an
important factor. You have to realize that the tree. are
only in leaf six month. of the year, and we live there
twelve months of the year and spend a great deal of time
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in our yard.
We're not bothered by the light within the
house. The house illumination on the back was only
illustrated to show the extent of the light penetrating
into our property.
The next paragraph, the sixth line down, "The
light emanating from the 100 watt bulb in question is
consistent with street lights erected and maintained on
public streets of the Borough of Newville."
I think you'll find that the 100 watt bulb right
now is a 9,500 watt/9,500 lumen light. The lights
erected, just prior to the erection of this light, you'll
find that nearly 50 percent of them were 5,800 lumens,
which would be nearly 100 percent lighter or less
brilliant than the light in question.
To make a long story short, I need some relief
from this light.
MS. WINDER: Tell us why specifically?
MR. HERSHEY: Because I spend an awful lot of
time in my yard with my family. When the leaves are off
the tree, of course, it gets dark at six o'clock at night,
and that's the time I spend tise with sy family in the
yard.
This light is very botherso.e to se a. a
re.ident within a small quaint town. One reason I moved
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here was to get away from lights and it has become very,
very annoying.
When we moved here in 1986, I didn't notice.
The light didn't bother me. I didn't really know it was
there. It wasn't until approximately 1991 or 1992 that it
began effecting our lifestyle as residents enjoying our
yard.
I didn't say anything to Mr. Egger. I did stop
him casually in the alley one day, which was brought up
the last time, and I did mention if there was some way to
screen that light, I'd really appreciate it. And he
apparently thought I was just joking.
And, at that point in time, I didn't know how to
react to him. I didn't feel that I could go to him
anymore to talk about it. But, I felt very uncomfortable
talking to him about it, at that point, so I had no real
other choice but to go to the Borough and see what I could
do to get the light shielded. And, of course, it has
mushroomed into where we are tonight.
A statement was made, which I'd like to
challenge with a chart, at the last meeting by Mr. LaBar
with PP&L. I'. so convinced. And I want to try to show
you what a shield is and what a shield does.
I'm 80 convinced that a simple small piece of
fabric, with an adhe.ive on it, 8trateqically placed by
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people who know how to do it, not only will maintain the
light Mr. Egger has now, but cut all the light that I
don't want and that he doesn't use off of my property.
That's as simple as I can get.
This was my hope, from the time I first talked
to Mr. Egger. I was never trying to get rid of his light.
I was never trying to lower, have the light lowered. I
know what his business is.
People that know me know I'm not that kind of a
fellow. I want some relief from a bright, very, very
bright light.
As I said before, Mr. LaBar made a statement and
I'd like to repeat it. I don't know if it's in his exact
words, but he did state that a shield will darken Mr.
Egger's property. And I would like to challenge that with
a presentation, if I may.
(Displaying diagram.)
MS. WINDER: Mr. Hershey, if I could, at this
point.
MR. HERSHEY: Yes.
MS. WINDER: I would ask that you describe what
it is that you're doing. And, reaember that this is being
stenoqraphically recorded, and the only part of the record
v!ll be your verbal state.enta.
MR. HERSHEY: Okay.
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'"-'
MS. WINDER: It will make it easier to follow
the record if you be sure to describe what you're pointing
at and where it is on this chart.
MR. HERSHEY: Okay. First off, I'm not a
professional engineer. I'm not an electrical engineer. I
consider myself having an awful lot of practical
experience. I'm a landscape architect and I do work with
lights on my job and so forth. Not to the extent that I'm
able to talk about lumens and foot candles and so forth
like that.
This particular diagram is drawn to scale and
it's only meant to illustrate certain things, which I'll
get into. It's drawn to a scale of 1 inch equals 6 feet.
The ground line is shown, just to be relative to
the whole scale. This being my house. This, of course
beinq Mr. Egger's light. And this being the alley, Glebe
Alley, right here.
Now, the way it's illustrated right now shows
the light as it emanates. Light emanates from a light, of
course of this nature, in straight lines. It .manates in
waves, but it's like 186,000 feet or 186,000 miles per
hour, so it can be drawn as a straight line.
I just have indicated equal angles just to
indicate the direct liqht, which now happens. This is all
direct liqht frOll the source.
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"-"
Now, Mr. Egger's situation, I have one line
that's just a bit darker. The light that hits this point,
which would be on his side of the alley or very close to
his property line, is the only direct light. It's as far
as the direct light emanates that he can use. The light
that hits the alley. The light that hits anywhere behind
it on my property, Mr. Egger cannot use. It's direct, the
direct light that falls on that surface.
So, I have a little thing here on the back.
Now, when a shield is placed, it's an adhesive piece of
material that's placed on the inside of the globe. It
extends down. It's placed at night so that the point at
the end of his property is seen.
As the shield moves down inside the globe this
light source, this indirect light that I'm receiving,
begins to darken as they move this down.
It's like holding your hand over a flashlight
shining against the wall in a dark room. As you bring
your hand down over that light, the light moves down the
wall. The light below your hand is still direct light.
Th. bottom of your hand did not reduce the direct light
available.
In fact, what I'd like to show here is that the
light, which I call extra baggage, that Mr. Egger can't
us., where does it go? That's from this line up. Where
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does it go? It's got to be reflected to the ground.
So, I think you really will find that when this
shield is in place, not only will it not effect the direct
light which falls on Mr. Egger's property, as Mr. LaBar
said, it will darken it. But it will take this light that
I'm receiving, which Mr. Egger can't now use, and place it
down on his property. How significant it will be, I don't
know. But that's where it's got to go.
So, when Mr. LaBar at the last testimony
indicated that a shield will darken Mr. Egger's property,
I cringed, because I do not understand it. I can't
understand it from practical experience.
I'll give you one other example. Allow me to
give you a few more examples of light shields. Light
shields we use pretty much on a daily basis.
Your visor in your car when you're driving is a
light shield. When the sun is low in the sky you pull it
down so that it protects your eyes from the light. It's a
device to place between the source of light and the object
to be shaded. Whether it's a visor in your car or whether
it's a shield here, they all work the same. Anything
below the bottom of that shield i. not effected by the
shield. The direct light is aaintained.
The .... thing happens. I'll give you one more
example. A beach uabrella is . light shield. It's an
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-'.'"
object placed between the source and the object to be
shaded. You see them on the beach all the time. They're
very flexible. You can adjust them, the light.
Let's just assume, for a second, that there was
a young baby to be shielded from the sun. The umbrella is
placed so that the baby is out of the direct light of the
sun.
I don't know how to be more simple. But, a
shield of any type does not effect the direct light that
falls on the property. It's only an edge created.
Thank you. That's all I have.
MR. SHUGHART: How do you want to proceed with
cross-examination?
MR. WINDER: Go ahead.
CROSS EXAMINATION
BY MR. SHUGHART:
Q Mr. Hershey, you were here throughout the last
hearing when Mr. LaBar testified?
A Yes.
Q And I'. going to show you what was Mr. Egger's
Exhibit 1, which was the illumination chart, which Mr.
LaBar introduced.
A uti-huh.
Q And he testified, at that point, that at 50 teet
froa the light source, which coincidee approxiaately with
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as
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the alley, that the amount of illumination was .05. Did
you hear that testimony from him?
A Yes.
Q And as I understand it, you're disagreeing with
that?
A
Q
Street?
Yes.
When did you say that you moved to 8 West Main
A May of 1986.
Q And the light apparently did not bother you for
the first five or six years?
A Yes. No, it didn't.
Q Now, Mr. Egger testified that your comments to
him, the initial remarks, were made before the current
light was put in. Is that accurate or do you think that
it's the current light that's creating the problem?
A No. They were made before the current light.
Q Has the current light i.proved the situation or
Vorsened the situation?
A The current light worsens the situation.
Q Now, you indicated that the Planning Co.i..ion
va. at your house?
AYe..
o Wsa the Code. Officer, Mr. Harry, va. be there
vitti the Planning C~1a.ion?
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A
Q
time?
A No.
Q How did you get the Planning Commission to come
to your house?
A I requested it.
Q Was Mr. Egger invited?
A No.
Q So, you've never taken Mr. Egger back there to
show him what your concerns were?
A No, not since that first contact with him.
Q But, that was during the daytime?
A Yes.
Q Now, did I understand your testiaony correctly
that the primary time that it's bothersome is during the
six months of winter when the leaves are down?
A That's true.
Q And, did I understand correctly that it is not a
problem inside your house but basically in your yard?
A That's true.
Q And could you tell me, please, some of the
activities that you and your faaily--you indicated were
also disturbed--enqaqe in outside in your backyard between
Novuber and March? What sort of activities would be
No.
And were you on the Planning commission at that
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interfered with?
A We love the late fall and we love the early
spring. And we spend as much time in our yard as possible
during those months because they're our favorite months.
We have no problem with pulling chairs around
and putting heavy/light coats on and enjoying the yard and
enjoying the out of doors during that period of the year.
Q Do you have lights outside in the back of your
house?
A I have a porch light.
Q Do you have any flood lights?
A No, sir.
Q Just one porch light back there?
A Yes.
Q But, what you like is to sit in the darkness
with the porch light off. Is that what I understand?
A The lights are off. I get enough reflected
light from around us. In an urban atmosphere you get
reflected light, plenty of it.
Q You don't like it total dark, this just makes it
too bright. Do I understand that correctly?
A well. where I live there's enough lights around
.., vhich are indirect. that gives you the feelinq of
serenity and that type of thing.
Q Now, do I understand your testiaony correctly
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that you basically gave this thing over to the Newville
Borough and they have been going with it since then?
A That's who I went to first, until I found out
that the light didn't belong to Mr. Egger, it was rented
from PP&L.
Q Then what did you do?
A Then I started working with PP&L by phone trying
to get the problem resolved.
Q Now, I'm going to show you this. It's not in
evidence. It's a settlement negotiation, so I don't want
to put it in evidence.
It's a letter from another attorney on behalf of
Mr. Egger, to Mr. Houston for the Newville Borough. Have
you seen that before? This came up in testimony the last
tiae. Basically it was Mr. Egger's suggestion that you
work with PP&L in November after the leaves were down.
Did the Borough give that to you?
A No, I haven't seen that.
Q So this happened and you didn't know it?
A I hadn't seen that.
Q Now, you say your family i. di.turbed too. How
aany people live in your ho..?
A There'. three total, .y wife and my young son.
Q How old i. your son?
A He'. 11.
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Q And your wife, what's her name?
A Sherry.
Q And YOu said you're a landscape architect. What
does she do?
A She's the Borough Secretary.
Q Does she work at the Borough Office then with
Mr. Potzer?
A Yes.
Q Has she been involved with this at all?
A Not at all. When you say involved, how do you
mean involved?
Q What I mean is that, has she in her capacity, to
your knowledge, as the Borough Secretary, been engaging in
her own efforts in regard to your complaint, to your
knowledge?
A Not at all. She's disturbed by the light.
That's all.
Q But, she's letting you carry the laboring war on
it. Is that it?
A Pretty much.
Q You do agree you are not a li9hting expert?
A A what?
Q An expert in lighting?
A Mo, 1 don't consider .y.elf an expert.
MR. SHUGHART: 1 have no further que.tions.
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MS. WINDER: Mr. Houston.
CROSS EXAMINATION
BY MR. HOUSTON:
Q Mr. Hershey, I'd ask you to look at Exhibit E-2.
And, I'd ask if you can see a light in there that's on a
pole?
A
No.
Do you need glasses?
00 you have reading
Q
glasses?
A
Q
A
pole.
Q 00 you see a light up here along the roof line?
A That appears to be a light there. Yes.
Q Does that appear to be the same light or can't
you tell whether that's the same light that's up there
now?
That's on a pole?
Yes.
I see the pole, but I don't see a light on that
A I can't tell, because I don't know if it's pole
aounted.
Q You hadn't .een that photograph before?
A No.
Q The light that'. there now is a hi9h pre.sure
sodiua light, as far aa you knov. Is that correct?
A Ri9ht.
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Q What difference is there in the light, that you
actually observed, as compared to the light that was there
before, the lamp that was there before?
A Difference in quality, you mean?
Q Is there a difference in the tone, the color of
the light?
A It's a lot brighter and it's a glaring yellow.
Q And the old light bulb was what?
A It was kind of a bluish, softer bluish cast.
Q When the Planning Commission was over to your
house, that was of course when the leaves were off the
trees. Is that correct?
A Yes.
Q And when they observed this light, you were with
the., I presume?
A Yes.
Q You gave a presentation here on shielding. And,
I believe you indicated that Mr. LaBar fro. PP&L testified
that, as far as What you recollected, was that shielding
vould perhaps reduce light on Mr. Eqqer's property?
A That's what I understand hi. saying.
MR. SHUGHART: We're getting into hearsay. The
PP'L Ban was here. I don't want hi. repeating what he
says &0.. PP'L Ban told him, When the person with the
expertise vas already here. So, I would rais. that
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objection.
BY MR. HOUSTON:
Q Would you recollect, as far as what he said?
MR. SHUGHART: I would like a ruling on the
objection before the question is answered, please.
MS. WINDER: I think that's an appropriate
objection.
If you want to ask with respect to the exact
statement then we can look it up on the record, but
otherwise we can all recall what it is we heard.
MR. HOUSTON: Okay. I'll withdraw that question
then.
BY MR. HOUSTON:
Q Your point with Shielding is that-- I'. not
trying to misquote you here, but your point with shielding
is that shielding can be accomplished so that it does not
reduce light on Mr. Egger'S property. Correct?
A Exactly.
Q And with shielding is it possible to still have
so.e light from this fixture cast on your property, but
not necessarily toward your house? 00 you know?
A There will be quite a bit of indirect light,
which doesn't bother me.
Q I'. talking about on your property. Your
diagram shows quite a bit of distance froe the alley to
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the actual house. Right? (Indicating with diagram.)
A Well, it's 231 feet from the light to the house.
Q I'm talking about this distance here between
your house and the alleyway. I'm not asking you what the
distance is. I'm just saying there's a distance there
between your house and the alleyway. Correct?
A Yes.
Q Could you live with, so to speak, shielding that
which would perhaps cause some direct light to fall on the
part of your property which is closest to the alley?
A I could, if it would suit Mr. Egger. I could
probably live with some light.
The main part of the yard, where we sit and
enjoy the yard, is something farther than 20 feet into the
lot, so I would be willing to accept that 25 foot range of
direct light.
Q Now, we heard testimony at the last hearing from
some neighbors of yours. It was Chief Bear?
A Yes.
Q Used to be a neighbors of yours. Is that right?
A Yea. Ke has moved.
Q And, from your knowledge of the area, was where
he used to live, was that in direct line of sight from the
light to his house?
A No.
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Q So, your situation is different than what his
was?
A It's unique.
MS. HOUSTON: I have nothing further.
CROSS EXAMINATION
BY MS. WINDER:
Q Hr. Hershey, when you first complained to Mr.
Egger or talked to Mr. Egger, that was before the high
pressure sodium light was installed. Is that correct?
A Yes.
Q And the mercury vapor light, that was existing
at that time, bothered you?
A Yes.
Q Had there ever been any discussion by you with
the Borough or with PP&L, or with anyone, about shielding
the mercury vapor light?
A NO, because the high pressure sodium light
followed very, very quickly. I'm not sure whether it was
tvo or four months or something like that. But, it was
just prior to the yellow light calling in.
Q At the tiae that you beca.e bothered by this
particular light, were the lights that Hr. LaBar testified
to or referred to, that were installed for the bank, in
place?
A The shield vas in place when I first talked to
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Mr. Egger.
Q And those are relativelY new lights. Is that
right?
A Yes. There was only one that was shielded.
Q And, do you recall when that light was
installed, the bank light?
A It was probably, I would guess, about two years
after we moved, abOut 1988. It was installed at the same
time the MAC machine was put in there.
Q Did that light cause increased light to your
yard?
A
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It sure did.
Did that light bOther you?
Yes, it did.
Did you complain to the bank abOut that light?
Yes, I did.
And what was done?
It was shielded within probablY a two week
Q
A
Q
A
Q
A
period.
Q And what difference, from your perception or
obServation. did that shield aake to light on your
property?
A The direct light was gone, the bOther was gone.
Q Do you believe that ahielding that light cau.ed
the light on your property to be the aa.. as it had been
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before that light was installed or different?
A Could you repeat that?
Q When the bank light was shielded, did the result
of the shielding mean that the light on your property was
the same as it had been before the bank light was there or
that it was different?
A It was diminished.
Q Was there still some increase of light into your
yard because of the bank light, if you can tell?
A If it was it was insignificant because it was
all indirect.
Q It didn't make a difference to you using your
yard?
A No.
Q Is that right? would that be a fair conclusion?
A The shield blocked the direct light, which was
the bother.
Q But, at some point after that shielding occ\..t'red
you were bothered by what you've testified was direct
light from Mr. Egger's light?
A Right.
Q Was there any change, that you knew of, in the
light that was on Mr. Egger's property, betveen the ti..
that the bank light was shielded, and aay I a.su.. that
that was so.eti.. in '8'1
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A You'd probably be close.
Q Or early '89?
A We moved there in '86. I think it was around
two years that we come home from the shore one time and
the light was installed on the bank. I'd say it was
around '88.
Q Was there any change that you perceived in the
light on Mr. Egger's property, between the time that the
bank shielded its light and you were bothered by Mr.
Egger's light?
A Sally, I must be dense. I'm not following your
question. I'm sorry.
Q You told us. We'll break it down into steps.
In 1988 there was a bank light installed?
A Yes.
Q When the MAC machine went in?
A Yes.
Q And that light bothered you and you complained,
and PP'L put a shield on the light?
A No, it wasn't a PP&L light. It was a private
bank light.
Q The bank had a shield installed?
A Yes.
Q Between that ti.e and the ti_ that you
eOllplained to Mr. Egqer that hi. light was bothering you,
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do you know of anything that was changed about Mr. Egger'S
light?
A Well, I didn't notice. There was no bother from
Mr. Egger's light until approximately 1991 or 1992, so
there was about a four year period lapse there that Mr.
Egger's light didn't bother me.
Q Do you know why?
A I think so.
Q Can you tell us?
A Well, from PP&L records we found--
MR. SHUGHART: I'd object to him testifying to
PP'L records unless he has them here.
MR. HERSHEY: I do have. I do have a piece of
correspondence dated July 19th, 1996.
(Letter shown to Attorneys Shughart and
Houston. )
MR. SHUGHART: Here's sOllething to Mr. Houston
from the Borough of Newville. That's not a PP&L record.
Maybe Mr. Houston has PP&L records.
If somebody in a position of responsibility or
authority, such as Mr. Houston or soaebody from the
Borough, has and can testify that they have original
records of PP'L, I think that's admissible under the
relaxed procedures of this, which I will be called upon
myselt. But, to have Mr. Hershey testity almost fourth
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hand, because he's referring to a letter to Mr. Houston
from the Borough of Newville, I don't think is proper.
2
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CROSS EXAMINATION (Continued)
BY MS. WINDER:
4
5
Q
Mr. Hershey, can you tell us, without referring
6 to records that are not in your possession, what you
7 perceived about the light at Mr. Egger'S, over that four
8 year period, that in your mind caused any increased bother
9 or effect on you?
A
It was sometime, like I said, between 1991 and
11 1992, that I began--myself and my family--began to see an
12 increased amount of direct light onto our property. And I
13 lived with it within me. I just held it in. And, it
14 wasn't then until just before the new light was installed
15 that I had approached Mr. Egger.
16 I just had had it with the illumination and I
17 asked Mr. Egger if it would be possible to shield that
18 light. The light I'm referring to is the one that was in
19 place before this high pressure sodium light.
20 But, there was a period of about four years I
21 lived with it and in annoyance.
22
Q
Were there any other parking lot lights or alley
23 liqhts that vere installed, during that period of time,
24 betwtHln your property and Mr. Egqer'a?
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A
Not that I'm aware of.
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Q Were there any other lights that were installed
from your property east?
A There are two lights, two mercury vapor lights
that are in place on Benson Stake's property to the east
of me.
Q Were they in place in 1988, if you recall?
A I know when we moved there there was a garage,
which since has been torn down, which had a light on it.
Q Is that the garage that Benson Stake tore down,
a brick building that he tore down?
A Yes. There was a light on there. After that
was torn down I think the light was moved to the back of
the coffee shop. And there are now two lights at that
location.
Q Does that cause increased light to your
property?
A No. Mainly because I have a fence.
Q So, the fence blocks it?
A Right.
o I gathered, fro. what you said earlier, that at
pre.ent when the leaves are on the tree. there is not an
annoyance to you in the yard. Is that fair to say?
A That'. fair to ..y.
MS. "INOER: Do you have any other qll..Uon.?
(Board Mealier. shook their heads no.)
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MS. WINDER: I have no other questions. Are
there any other questions as a result of my questions?
MR. HOUSTON: No.
MS. WINDER: Thank you.
Mr. Houston.
MR. HOUSTON: Okay. I'd like to call Joanne
Brehm, please. I don't believe she has been sworn.
MS. BREHM: Yes. Yes, I was.
MR. HOUSTON: I stand corrected.
Whereupon,
JOANNE BREHM
having been previously sworn, according to law, testified
as follows:
Q
A
Q
A
Q
Borough?
A
Q
A
DIRECT EXAMINATION
BY MR. HOUSTON:
Would you state your name, please?
Joanne Brehm.
And your address, please?
39 Parsonage Street, Newville.
Do you serve in any capacity with the Newville
Not at present.
Did you formerly?
Ve..
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Q What was that?
A I was a member of the Planning Commission and I
was the Acting Chairman for a time.
Q Were you on the Planning Commission in March of
this year?
A I was.
Q Could you tell the Zoning Hearing Board what
involvement the Planning Commission had with respect to
the light in question?
A We had a request to view the amount of light and
the fact that it was an annoyance on the Hershey property.
And we met there, during our March meeting, went there
before our meeting started, to see what the situation was.
Q And were the leaves off the trees at that time?
A There were no leaves on the trees at that time.
Q What did you specifically observe that evening?
First of all, was this in the evening?
A Yes, it was at 7:15 p.m.
Q And what do you observe in the evening?
A That there was a great allount of light coming
from the Egger light onto the property.
We could see into the kitchen. There was a
glass on the top half of the door, and you could see that
a significant amount reflected off the wallar a door
opposite that, 8, 10 feet froe that. There was
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quite a lot of light there.
Q The light into?
A Into the house.
Q Into Mr. Hershey's property?
A Yes, into Mr. Hershey's property.
Q Where were you standing when you observed this?
A Five feet perhaps from the back door.
Q Of Mr. Hershey's house?
A Yes. And then following that, when we had
observed that, we turned around to leave and returned to
Glebe Alley. And I was not able to walk. The glare was
such that I had to have my eyes averted until I got out to
the alley because the glare was such that you could not
walk. You could not see because of the annoyance from it.
I was surprised at the amount. But, there was a great
deal of annoyance.
CROSS EXAMINATION
BY THE CHAIRPERSON:
Q How did you know this was from Mr. Eqger's
light?
A Yea. It was quite obvioua that's where it was
fro., because that's where it waa fro., the direction,
right fro. that.
(Docu.ent ahown to Attorney Shughart by Attorney
Houaton. )
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\-.........'
(Whereupon, Newville's Exhibit No. 3
was marked for identification.)
REDIRECT EXAMINATION
BY MR. HOUSTON:
Q I'm going to show you, Ms. Brehm, what has been
marked N-3 and ask if you can identify what that document
is, please?
A Yes. It's a report to the Borough Manager from
the Planning Commission on the dusk to dawn light on the
Egger property, dated March 15th.
Q And who had prepared that report?
A I did.
o And what was the recommendation of the Planning
CODllllission?
A That the Borough Council pursue the enforcement
of the provisions of the Ordinance to protect the Hersheys
from excessive illumination beyond the borders of the
Egger property. Before we did that we did review the
Ordinance as well as the evidence of the excessive light.
MR. HOUSTON: That's all I have. Thank you.
CROSS EXAMINATION
BY MS. WINDER:
Q When you say the Ordinance, what Ordinance are
you referring to?
A The Zoning Ordinance. It was section 5.4.1.
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CROSS EXAMINATION
BY MR. SHUGHART:
Q Ms. Brehm, as I understand it, you were the
Acting Chairman of the Planning Commission?
A Yes.
Q How and by whom was the request for this
inspection communicated to you?
A It was on th~ notes from the Secretary of the
Planning Commission.
Q And who was that?
A Sally Atwater.
Q So, you have no idea whether this came from Mr.
Patzer or Mr. Hershey or anybody?
A I have no idea.
Q But it didn't case to you from Mr. Hershey, it
came to you fros somebody connected with the Borough?
A No. The secretary of the Planning Coaaission.
Yea.
Q Well, you brought your sinutes along?
A No, that wa.n't sy minute.. That va. a report.
Q Did you prepare that report?
A I prepared that report.
Q Did you bring along with you this evening the
note. you received from the Secret.ary of the Planning
Cowaiaaion?
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A No.
Q Now, I'm just curious. There's nothing in the
Zoning Ordinance about the Planning Commission and
normally the Planning Commission reviews subdivision
plans.
Under what provision of the Newville Ordinances
did the Planning Commission become involved in acting in
regard to this matter? I want to know where your
authority was?
A I have no idea. I'm not a lawyer.
Q So, you don't know why you were asked to do
this?
A
Q
No.
And you don't know what authority you had to do
it?
A No, except that the Planning Commission has been
delegated a number of times by Borough Council to review
things.
Q But this mayor may not have come from Borough
Council, you don't know?
A I don't know. I have no information on that.
Q Now, as Chairman, did you invite Mr. Egger to
participate?
A No.
Q You knew that the complaint vas his li9ht.
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Correct?
A His light. Yes.
Q Did you view his parking lot? Did you go up and
look at it?
A We did not walk onto his parking lot. No. We
saw it from the alley.
Q So you received a communication from the
Secretary of the Planning Commission to inspect something.
Correct?
A Yes.
Q And you went ahead and inspected it with Mr.
Hershey, but without Mr. Egger. Correct?
A Inspect wasn't exactly the term that was used.
View was the term that was used.
Q And you wrote this report to Mr. Patzer.
Correct?
A Yes.
Q And did you give Mr. Egger a copy of this?
A No.
Q When the Planning Coaaission went there, how
aany members of the Planning Co_ission were there?
A Mr. Gatten was preaent, Ms. Atwater.
Q She' s the secretary. Correct?
A Myself.
Q Thr_ of you?
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A No.
Q okay.
A I believe Mr. Morin was also there. I'm not
sure about Mr. Morin. I believe also Mike Fry was there,
Clarence Fry, excuse me.
Q There are five members of the Planning
Commission?
A Five members.
Q And you think they were all there?
A It was my recollection that they were all there.
I haven't reviewed the secretary's minutes.
Q other than the five of you, who else was
present, if anybody?
A Mr. Hershey was there.
Q Anybody else?
A I don't recall the man's name. Andrew--and I
don't remember his na... The door wasn't unlocked for us,
so we went down there first and he had to go along with
us. He was going to be presenting something to the
Planning COaaission. I believe, also Jeff Kelly. Ye.,
Jeff ~elly vas there, because again he couldn't get
in. He's the Tri-COunty Planner.
We all went down because we couldn't get in the
Borough Office to hav. our ...ting. so, they _nt with
us.
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Q And just one final question. Was any
representative of PP&L there?
A No.
MR. SHUGHART: That's all the questions I have.
MS. WINDER: No questions.
(Board Members shook their heads no.)
MR. HOUSTON: Call Glenn Harry. You were sworn?
MR. HARRY: Yes.
Whereupon,
GLENN HARRY
having been previously sworn, according to law, testified
as follows:
DIRECT EXAMINATION
BY MR. HOUSTON:
Q State your name for the record, please.
A Glenn Harry.
Q And your address?
A 112 West Big Spring Avenue, Newville.
Q How are you eaployed, .ir?
A I'a the Code. Enforcellent Officer for the
Borough of Newville.
Q And how long have you been Code. Enforce..nt
Officer?
A Four year..
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reduce illumination and glare causing an annoyance or
disturbance to the owners and occupants of the surrounding
properties which lie to the north of your property."
Q Which specific property were you referencing in
the letter that it was causing an annoyance or disturbance
to?
A That property being 8 West Main street.
Q And that would be Hr. Hershey's property?
A Yes, sir.
Q So the Borough acted on a complaint of a Borough
resident?
A Yes, sir.
Q And, to the best of your knowledge, has a shield
been installed on that light as of this date?
A No, sir. To the best of IIY knowledge it has
not.
Q And is it the Borough's position that the
Borough still wishes to have a shield placed upon the
light in question?
A Yes, sir, it is.
Q And is it the Borough's position it wishes to
have the shield placed on now instead of at SOlIe point in
ti.. in the future?
A Yes, air.
MR. HOUSTOflt I have nothlnc) furtber.
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CROSS EXAMINATION
BY HR. SHUGHART:
Q Now, Mr. Harry, is your job a full-time job or a
part-time job?
A Part-time.
Q Any particular number of hours or just on the
amount you're needed?
A As needed.
Q Now, I'm going to pullout here in front of you
this letter of June 12th, that has already been admitted
into evidence as part of the zoning appeal. But this is
the letter that initiated this appeal. Is that correct?
A Yes, sir.
Q And you signed it?
A I did, sir.
Q Did you prepare it or did somebody else prepare
it for you?
A So.eone else prepared it.
Q And who prepared it?
A To the best of IIY knowledge, Mr. Potzer.
Q NOW, you just heard Ms. Brehm testify about a
Planning coamis.ion view of Mr. Hershey's property?
A Yes, sir.
Q Were you pr...nt?
A I was not.
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Q Have you, on any occasion, been in the backyard
of Hr. Hershey when the leaves were down to observe his
complaint?
A No, sir.
Q Were you invited to go with the Planning
Commission when they viewed Mr. Hershey's property back in
Karch?
A No, sir.
Q Were you present at the hearing, a couple weeks
ago, when Mr. laBar from PP&L testified?
A Yes, sir, I was.
Q Do you have any knowledge or expertise that
would enable you to dispute any of the technical evidence
he presented regarding illumination, glare, and that type
of thing?
A No, sir, I do not.
(Whereupon, Egger's Exhibit No. 7 was marked for
identification. )
BY HR. SHUGHART:
Q I'm going to show you what appears to be a
photocopy of a letter from the Borough of Newville to Kr.
Lingenfelter, PP&L, sent certified .ail, dated Karch 25th,
1996, and signed by Mr. Potier. Were you involved at all
in this notice of violation of PP&L?
A No, air, I was not.
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Q But, do I understand correctly that as the Codes
Enforcement Officer of th~ Borough of Newville it is your
job to investigate and make decisions in regard to alleged
code violations?
A Yes, sir.
Q But, in this particular situation you are acting
on the direction of Mr. Potzer?
A That is correct, sir.
Q And going back to the letter that Mr. Patzer
prepared for you, dated June 12th. When he says the
Borough of Newville on several indications there, do you
know whether he is speaking for himself or whether he is
speaking on some direction of Borough Council, or other
public authority of the Borough of Newville?
A I don't know.
Q So, you have no knowledge then whether anybody
other than Mr. Patzer, in a position of authority in the
Borough of Newville, may have been involved in making
these determinations or preparing this letter, to your own
knowledge?
A To my knowledge, no, sir.
Q And so since you did not prepare this letter and
you did not go to the Hershey property to look at it, you,
aa I correct in concluding, did not really take a view of
the safety and security concerns for people that aiqht be
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using the parking lot of Mr. Egger?
A That is correct.
Q You were here at the last hearing when Hr. Egger
testified that this light on this pole was on that
property when he moved there in 1971?
A I believe that to be true. Yes, sir.
Q Do you have any knowledge or document that would
indicate, of your own knowledge, a document that would
indicate Hr. Egger is incorrect in this regard?
A No, sir, I have not.
Q After that last hearing, and my recollection of
the testimony was Mr. Egger said that the prior owner of
the funeral home had built the parking lot in 1960 to
1964, did you conduct an examination of Borough records to
determine whether there might be any building permit or
records that would indicate the accuracy of Mr. Egger'a
teaU.ony?
A No, sir, I did not.
MR. sHUGHART: I have no further question..
MR. HOUSTON: Not quite done.
REDIRECT EXAMINATION
BY MR. HOUSTON:
Q In acting as the Borough Codes Officer, do you
at time. receive direction trOll the Borough Manaqer?
A Yea, .ir.
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Q And is this one of those instances?
A It is, sir.
Q So, this is not an isolated case where you would
have received direction, received from the Borough
Manager. Is that correct?
A That is correct, sir.
Q Have you had occasion to confirm the height of
this fixture?
A Yes.
Q What is the height of this fixture?
A The actual height is higher than 16 feet. I
know that. The actual height, I do not know.
Q And, to the best of your knowledge, is that a
violation of the Borough Zoning Ordinance?
A Yes, it is.
Q What is the height limitation of the Borough
Zoning Ordinance?
A 16 feet.
MR. HOUSTON: That's all I have.
CROSS EXAMINATION
BY MS. WINDER:
Q Mr. Harry, are you aayi"9 then that you didn't
visit the Hershey property or the Egger property?
A I have visited the. but not with the Plann1"9
Couission.
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Q Have you visited them in connection with this
light issue?
A Yes, ma'am.
Q Did you visit it prior to June 12, 1996?
A No, ma'am.
Q Tell me, if you can, what good faith attempts
were made by the Borough of Newville to resolve of this
problem, prior to issuance of this June 12, 1996, letter
then?
A I honestly don't know. All I'd be doing would
be giving hearsay.
Q The Borouqh didn't in any form, Borouqh Manager,
Borough Council, Planning Commission, ask you to approach
Mr. Egger about this complaint, did they?
A No, ma'am.
MR. HOUSTON: If I may? I don't want to have to
introduce into evidence about 15 pieces of correspondence
that's gone back and forth between any number of attorneys
that have been involved in this issue. If you want to get
into that, we can do that.
MR. SHUGHART: What we qet into, and the reason
I've been careful with this May 31st letter is, ve qet
into an are. of settlement neqotiations, which Ms. Winder,
you knov, are not relevant in Nking decisions. That'.
why t've been careful, and I'. sure Mr. HOUston has too.
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not to put things in that were communicated between
counsel, in an effort to resolve of things in a specific
way.
CROSS EXAMINATION (continued)
BY MS. WINDER:
Q And I gather there has been then no actual
attempt to do anything with the light to try to resolve of
this problem. Is that fair, Mr. Harry?
A I honestly don't know.
Q Do you know whether or not there was any request
made of PP&L to make a determination about what shielding
would be required to accomplish what Mr. Hershey says is
reasonable to reduce light from extending beyond the north
edge of the alley onto his property?
A I don't know if that request was made or not.
Q Are you aware of a request by Mr. Hershey
concerning the light at the bank being shielded?
A No. I had no knowledge of that.
MS. WINDER: Does the Board have any questions?
CROSS EXAMINATION
BY THE CHAIRPER.SON:
Q Did you make the decision that Mr. Egger should
shield this light? Was this your decision as a Zoning
Officer?
A V...
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HR. SHUGHART: I do have one in light of your
questions.
RECROSS EXAMINATION
BY MR. SHUGHART:
Q Mr. Harry, I've previously shown Mr. Egger and
Mr. Hershey this letter, which originated from another
attorney to Mr. Houston on behalf of Mr. Egger. And it
starts out with the sentence--if YOU'll just read it--
about a trial shielding of the light.
A Uh-huh.
Q And that's dated May 31st, two weeks
approximately before your letter.
MR. HOUSTON: I'd have to object to this. If
you made the point of getting into settlement
negotiations, that's exactly what you're bringing up.
MR. SHUGHART: The question has arisen and Ms.
Winder asked Mr. Harry whether any effort was made to have
any Shielding of the light. And I want to ask him whether
he was aware that this was made before he had issued his
decision. And I think that's a valid question.
MS. WINDER: I think it's a valid question. I
think there's a way to ask that without referring to any
correspondence between attorney..
BY MR. SHUGHART:
Q Mr. Harry, you've been here throughout the
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testimony?
A Yes, sir.
Q And you've heard Mr. Egger testify and Mr.
Hershey testify?
A Yes, sir.
Q When you signed this letter on June 12th, 1996,
notice of violation to Mr. Egger, were you aware of any
efforts at all being made for any attempt at a trial
shielding?
A No, sir.
MR. SHUGHART: That's all.
MS. WINDER: I have no other questions. Does
the Board have any other questions?
(Board Members shook their heads no.)
MS. WINDER: Any other questions?
MR. HOUSTON: No. Thank you, Mr. Harry.
That's all the testimony we would have and I'd
move for the introduction of three exhibits.
MR. SHUGHART: I have no objection to his
exhibits.
MS. WINDER: Are you moving the admission of
E-7?
MR. SHUGHART: No, I'm not because it is not
properly sponsored. It was signed by Mr. Potier and Mr.
Harry te.tified he wasn't avare of it. I'll withdraw it.
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CERTIFICATION
I hereby certify, that the foregoing proceedings
were taken stenographically by me, and thereafter reduced
to typewriting by me or under my direction and that this
transcript is a true and accurate record to the best of my
ability.
(lJ~^^~ { \J'i.~_"\J1 'V-:tJ~"lt,J
Cheryl Fa ner Donovan
Notary Public, CUaberland County
My co..is.ion Expires July 23, 1999
54
ARTICLE VIII
Section 8.1
Section 8.2
Section 8.3
Section 8.4
Section 8.5
Section 8.6
ARTICLE IX
Section 9.1
Section 9.2
Section 9.3
ARTICLE X
Section 10.1
ARTI CLE XI
Section 11.1
f Section 11.2
ARTI CLE XII
Section 12.1
Section 12.2
Section 12.3
Section 12.4
Section 12.5
.
Section 12.6
Section 12.7
A.'tTICLE XIII
Sletton 13.1
Section 13.2
Section 13.3
Section 13.4
TABLE OF CONTENTS (continued)
ZONING HEARING BOARD..............................................................................
Creation and Appointment....................................
Organization of Zoning Hearing Board........................
Hearings.. .. ...... .... ...... ........ .. .... ... .. ........ ...... .. . .... ............ .. ...... .... ...... .. .. .. .... ..
Zoning Hearing Board's Functions............................
Time L fmf tati ons.. .. ...... ... .... .... ........ .. ...... .. .............. .............. .. .... .. .... .... ....
Stay of Proceedf ngs.. .. .. .. .. .. .... .. .. .. .. .. .. .. .. .. .. .... .. .. .. .. .. .. .. .. .. .... .. .... .. .. .. .. .. .. ..
PLANNING COt9tISSION........................... 10.............. 10...................... 10........
Campl iance. 10....................................................................... 10...........
Cond1 tf onal Uses....................................... 10 .. .. .. .. .. . .. . . .. .. . .. . .. . .. .. .... .. ..
Approval of Site Development Plans..........................
AHENM.NTS.. .. .. . .. .. . . .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . . . . . . . . . . . . . . . . . . . . . .
ArnendlDe1\ts.. . . . . . . . . . . .. .. . . .. . . . . . . . .. . .. .. . . . . . . . . . . .. .. . .
DEFINITIONS.. . .. . . .. . . .. . ... . . . . . . .. . . . . .. . . .. . . . .. . .. . . .. ..
Use of Terms.................................................
Other Words..................................................
APPEALS. . . .. . . . . .. . . . . . . .. . . . . Ol' . . .. . .. . .. . . . . Ol' . . . .. . .. . ... . . ..
Zoning Appeals................. Ol......................... ...
Venue..................................................................... ..
Validity of Ordinance; Procedure Questions..................
Validity of Ordinance; Substantive Questions
and Landowner Appells.......................................
Validity of Ordinance, Substantive Questions;
Appells by Persons Aggrieved................................
Validity of Interpretation; Landowner Appeals...............
Appeals not involving Validity..............................
LEGAL STATUS PROVISIONS........................... ...............
Interpretation................................................... .
Separab111 ty.. . . . . . . .. . .. . . . . . . . . . .. . ... . . . .. . .. . . . .... ... . ...
Repel 1 er. . . . . .. . . . . . . . . . . . .. . . . . . .. .. . . .. . .. . . . . . . . . .. . . . . . . . .. . . . . ..
Effective Dati...... ... ....... ....... .... ........... .........
!I'
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...1103-"" '.
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)ttn..~r .' ',,-'''''.i" l.f....~.:.
i,.?,.i'4,-"i~ t.sf1\;'~.
.." 1:1.
(c...."'~....... C'\ ,.-.1 ~ n-ph
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3/3'1
VII:-l
'illI-l
VIII-l
VIII-l
VIII-3
VIII-4
VIII-5
IX-l
IX-l
IX-l
IX-3
X-l
X-l
XI-l
XI-l
XI-l
XII-1
XII-1
XII-l
XII-l
XII-l
XII-3
XII-4
XII-4
XIII -1
XIII-l
XII 1-1
1111-1
XII 1-1
ARTICLE I
ARTIClE II
Section 2.1
Section 2.2
Section 2.3
Section 2.4
ARTIClE III
Section 3.1
Section 3.2
Section 3.3
Section 3.4
Section 3.5
ARTIClE IV
Section 4.1
ARTICLE V
'. Section 5.1
Section 5.2
Section 5.3
Section 5.4
Section 5.5
Section 5.6
ARTIClE VI
Section 6.1
Section 6.2
Section 6.3
Section 6.4
ARTIClE VII
Section 7.1
Section 7.2
Section 7.3
Section 7.4
Section 7.5
TABLE OF CONTENTS
OBJECTIVES..."......"""""""""""""""""""""""""""""""""""""""" "
ESTABLISHMENT OF DISTRICTS...................................
List of Districts..."....""""""" ... .........".." ... ... ..." ...
Zoning Map.""""""""""""""""""""""""""""""""""..."""""""""""""""
Of strict Boundarf es" " " " " """ " " " "" """" """ " "" "" " "" "" " """""" """ ""
Effect of Establishment of Districts.........................
DISTRICT USE REGULATIONS.""""""""""""""""""""""""""""""""""""
lR-l) Low Density Residential District.......................
R-2) Medium Density Residential District....................
CC) COlII1IInfty Comnercial District..........................
I) Industrial District....................................
'Generalized District Use Schedule............................
1-1
11-1
11-1
11-1
11-1
11-2
III-l
III-l
1II-5
III-B
III. 10
11HZ
DISTRICT BULK AND PARKING REGULATIONS........................ IV-l
District Bulk and Parking Regulations........................ IV-l
SUPPLEMENTARY REGULATIONS.................................... V-l
Supplementary Regulltions Applying to III Residential
Districts.""""..".."""..""""""""..""..""" ...."""..".."""""".. V-l
Supplementary Regulations Applying to Non-Residential
Uses"" "" """" " ",," "" "" .. . .. ... . . ... ... .. .. ...... . ... ... ... ..... ...... . .... V-4
Supplementar.y Plrking Ind Loading Regulations in 111
Districts... ..... ..... ......... ................................. V-4
Prohibited Uses in All Districts............................. V-10
Supplementary Sign Regulations in All Districts.............. Vv:11
Performance Standards...................................................
NON-CONFORMING USES AND NON-COMPLYING BUILDINGS.............. VI-l
Non-Conformi ng Uses.......................................................,......... VI-1
Non.Comply1ng Structures..................................... VI-l
Repairs and Mafntenance........................................ VI-2
Reglstrltion of Non-Conforming US.s.......................... VI-2
ENFO.RCEJ4ENT.................................. ... ...... ... ..... YII-l
r...tfls of the Zoning Offic.r................................... VII-l
lufldtng "Nfts, ,.. ,.. ........... ...... ............ lit.......... VII-l
CtrttftCltt of Occupancy....................................... VII-3
FHS.........................,............... ...... ............. VII-S
Vtol.tfons and Pen.ltt.s..................................... VII-I
ARTICLE I
OBJECTIVES
Section 1.1 ~ectives. There;s hereby established a new comprehensive zoning
plan for the Borough, which plan is set forth in the text and map that constitute
This Ordinance. Said plan is adopted in the interest of protecting and promotirg
the public health, safety, morals, and general welfare, and shall be deemed to
include the following related and specific community development objectives, amon~
others as may be stated in the Borough of Newville Comprehensive Plan.
1.1.1 To guide and regulate the orderly growth, development, and red~velopment of
the Borough, in accordance with a comprehensive plan of long~erm objectives,
principles, and standards deemed beneficial to the interests and welfare of
the people.
1.1.2 To protect the established character and the social and economic well-being
of both private and public property.
1.1.3 To promote. in the public interest. the utilization of land for the purposes
for which it is most appropriate. and to provide maximum protection of resi-
dential areas.
1.1.4 To secure safety from floods. water pollution, and other dangers, and to
provide adequate light, air, and convenience of access.
o 1.1.5 To encourage and facilitate the provision of adequate and efficient public
facilities, service, and utilities.
1.1.6 To lessen and, where possible, to prevent traffic congestion on public
streets and highways so as to promote efficient and safe circulation of
Vehicles and pedestrains.
1.1.7 To discourage, prohibit and gradually eliminate the expanSion and undue
perpetuation of non-conforming uses and structures.
1.1.8 To conserve the value of buildings and to enhance the value of land
throughout the Borough.
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ART[ CLE II
ESTABLISHMENT OF DISTRICTS
Section 2.1 List of Districts. The Borough ;s hereby divided into the classes
of districts listed below:
IR.,) Low Density Residential DIstrict
R-2) Medium Density Residential District
CC) Community Commercial DIstrict
1) Industrial Distr;ct
Section 2.2 Zoning Map. The boundarIes of the said districts are hereby estab-
lished as shown on the "Newville Zoning Hap", which accompanies, and which, with
all explanatory matter thereon, is hereby adopted and made a part of This Ordinance.
A copy of said map, indicating the lastest amendments, shall be kept up to date for
the use and benefit of the public.
Section 2.3 District Boundaries. In determining the boundaries of districts
shown on the Zoning Hap, the following rules shall apply:
2.3.1 Where district boundaries are indicated as approximately following the
center lines of streets, highways, watercourses or railroad rights-of-way
or such lines extended, such center lines shall be construed to be such
boundaries.
2.3.2 Where such boundaries are indicated as approximately following the property
lines of parks or other publicly owned lands, such lines shall be construed
to be such boundaries.
2.3.3 Unless otherwise shown, all district boundaries running parallel to streets
shall be construed to be 200 feet back from the rights-of-way of said
streets.
2.3.4 In all cases where a district boundary divides a lot in one ownership and
more thin 501 of the Irea of such lot lies in the less restricted district,
the regull.ions prescribed by This Ordinance for the less restricted
district shill apply to thlt part of the more restricted portion of Slid
lot which lies within 30 feet of such district boundary. For purposes of
this section, the more restricted district shall be deemed thlt district
subject to regulations which; prohibit the use intended to be IIIIde of Slid
lot; or require higher standards with respect to coverage, yards, screen-
ing, landscaping, and similar requirements.
2.3.5 In III clses where I district boundlry line is located not farther than 15
f"t away fl'Oll\ I lot line of record, such bOundlry llne shall be construed
to concidt with such lot lillt.
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2.3.6 In all cases where dimensions are not shown on the Zoning Map, the
location of boundaries shown on the map shall be determined by the use
of scale appearing thereon.
2.3.7 In case of uncertainty as to the true location of a district boundary line
in a particular instance, the determination thereof shall be made by the
Zoning Officer. An appeal may be taken to the Zoning Hearing Board, as
provided in Article VIII herein.
Section 2.4 Effect of Establishment of Oistricts. Following the effective date
of Th1s Ordinance and except as hereinafter provided:
2.4.1 No building shall be erected, moved, altered, rebuilt or enlarged nor shall
any land or building be used, designed or arranged to be used for any pur-
pose or in any manner except in conformity with all regulations, requIre-
ments, and restrictions specified in This Ordinance for the district in
which such building or land is located.
2.4.2 No yard or open space required In connection with any building or use shall
be considered as providing a required open space for any other building on
the same or any other lot.
2.4.3 No lot shall be fOrmed from part of a lot already occupied by a building
unless such building, all yards, and open spaces connected therewith, and
the remaining lot comply with all requirements prescribed by This Ordinance
for the district in which said lot Is located. No building permit shall be
issued for the erection of a building on any new lot thus created unless
such building and lot comply with all the proviSions of This Ordinance.
2.4.4 Nothing contained in This Ordinance shall require any change in the plans,
construction, or designated use of a building complying with local laws in
force prior to This Ordinance, if the following is found to exist.
2.4.4.1 A building permit shall have been duly issued prior to the date of
first publication of notice of the public hearing on This Ordinance.
2.4.4.2 The entire building shall have been constructed in accordance with
such plans as have been filed with the Borough and shall have been
completed within one (1) year from the effective date of This
Ordi nance.
2.4.5 Any use not permitted by This Ordinance shall be deemed to be prohibited.
Any Hst of prohibited uses contained in any section of This Ordinance,
shall not be deemed to be aft exhaustive list but has been included for the
purposes of clarity and emphasis, and to Illustrate, by example, SOle of
the uses frequently proposed that Irt deemed undeslrabl. and incompatible
and Irt thus prohibited.
I1-2
ARTICLE 1lI
DISTRICT USE REGULATIONS
Section 3.1 1B:l) Low Density Residential District.
3.1.1 Characteristics. These Districts comprise the areas of the Borough which
are primarily intended for single family use at a low density with or with-
out centralized utilities.
3.1.2 Permitted Uses. In a (R-l) Low Density Residential District no building
or premises shall be used and no buildIng or part of a building shall be
erected or altered which is arranged, intended or designed to be used in
whole or in part for any uses, except the following:
3.1.2.1 One-family detached dwellings, not to exceed one dwelling on
each lot.
3.1.2.2 Two-family dwellings not to exceed one such structure per lot.
The minimum lot area per structure shall not be less than
1501 of the applicable one-family minimum lot area.
3.1.2.3 Buildings, structures, and uses owned and operated ~y the
Borough of Newville.
3.1.3 Conditional Uses. The Council may after a public hearing held by the
Commission and upon recommendation by the Commission, permit the following
conditional uses in accordance with the provisions of Section 9.2 hereof.
Conditional uses shall be subject to the requirements specified below and
elsewhere in This Ordinance, including Site Development Plan approval in
Section 9.3 hereof which shall be required prior to the issuance of a build-
ing pennit.
3.1.3.1 Places of worship including parish houses (but excluding I
rectory or parsonage which shall confonn to the requirements for
a one family dwelling), subject to the following conditions:
(1) No building or part thereof shall be erected nearer than
25 feet to Iny street or property line.
(2) The SUlll of 111 IrelS covered by 111 principtl Ind accessory
buildings shall not exceed 201 of the lrea of the lot.
3.1.3.2 Schools. colleges. and other educational institutions. subject
to the following conditions:
(1) SaDI I' conditions (1) and (2) in Section 3.1.3.1 above.
(2) Any such school sh.ll occupy I lot with In Ire. of not leu
thin five (5) Icres plus one (1) Icre for each 100 pupils
for which the building is designed.
t 11.1
3.1.3.3 Philanthropic, eleemosynary or religious institutions, hospitals,
nursing homes, or sanitaria for general medical care, subject to
the following conditions:
(1) No building or part thereof or any parking or loading area,
shall be located within 50 feet of any street or lot line.
(2) The sum of all areas covered by principal and accessory
buildings shall not exceed 20' of the area of the lot.
(3) The maximum height shall be 35 feet or 3 1/2 stories.
(4) The entire lot, except for areas covered by buildings,
parking or loading areas shall be suitably landscaped and
properly maintained.
(5) Sufficient exterior illumination of the site shall be re-
quired to provide convenience and safety. All such illumin-
ation shall be shielded from the view of all surrounding
streets and lots.
(6) Any nursing home, hospital, or sanitarium shall meet the
follOMrtng additional conditions: all buildings shall be of
fire resistant construction; all such uses shall be served by
adequate water and sewer systems, patients suffering from
communicable diseases shall not be permitted in any nursing
home or sanitarium.
3.1.3.4 Membership clubs and outdoor recreational facilities such as
private playgrounds, swimming pools, and tennis courts, subject
to the following conditions:
(1) Same as conditions (1) and (2) in 3.1.3.1 above.
(2) That any such club is incorporated pursuant to the provisions
of a Membership Corporation or unincorporated associations
approved by the Borough Council; and catering exclusively to
members and their guests.
(3) Any such use shall not be conducted primarily .s a business
enterprise.
(4) That such USt ,h.ll occupy a lot with an area of not less
than one (1) acre.
(5) That tht ust of outdoor public add,.." SystllllS for .ny pur-
post shall be approved by the CoIIlhsion.
(Il Att txttrior lighting Shall be shltlded fro. the view of att
surrounding struts and lots.
Ill.l
\.
,
3.1.3.5 Railroad, public utility, radio and television transmission
rights-of-way and structures subject to the following conditions:
(1) Front, side and rear yards shall be provided in accordance
with the regulations of the district in which the facility
is located.
(2) Height shall be as required by the district regulations.
(3) Equipment shall be enclosed with a chain link fence six
(6) feet in height, topped with barbed wire.
(4) Screen planting - the required fence for unhoused equipment
shall be surrounded by an evergreen planting six (6) feet
in height.
(5) The external des1gn of the building shall be compatible
with the buildings in the district.
3.1.3.6 Cemeteries, provided that no grave markers are above finished
grade.
3.1.3.7 Multiple dwellings subject to the following conditions and those
listed in Article IV and Section 5.1.5.
(1) No building shall exceed 140 feet in length.
(2) The minimum distance between prinCIpal buildings shall be
75 feet and between a principal and an accessor.Y building
shill be at least 20 feet.
(3) ~ inner court shall have a minimum dimension of 60 feet,
a"y outer court shall have a minimum of 20 feet and its
depth shall not exceed its width.
(4) There shall be provided on the same lot suitably equipped
and landscaped phy spaces subject to Coarnission approval
and in accordance with the area requirements shown in Artiele
IV entitled 8ulk and Parking Regulations for R-2 Oistricts.
(5) Subject to the area requirements for Usable Open SPlCI,
shown in Article IV, entitled 8ulk and Parking Regulations
for R-2 District there s!\all be provided:
(a) For every 150 clwellfng units, a suitably equipped
and landsClped Neighbortlood Park and Playground IS
afilled in the Cotap"hensi~ Plan for the Iorovgh,
subject to the 'P!lroval of the Comthsion.
11I-3
Customary accessory uses, including any accessory use permit-
ted in and as regulated in the R-1 District, Section 3.1.4,
with the exception that not more than one professional office
or studio shall be permitted for each 50 dwelling units or
major fraction thereof on any lot. Such office or studio
shall be only on the street floor of any building and only
if there be direct access to such office or studio from out-
side the building.
The minimum lot areas required per unit, the minimum play
space area, the minimum usable open space, and the minimum
number of off-street parking spaces, shall be determined
according to the regulations specified in Article IV, hereof.
3.1.3.8 Row or attached dwellings, subject to the following conditions
and those listed in Article IV and Section 5.1.5.
(6)
(7)
(1) The maximum number of dwelling units in a group of row
dwellings shall be six.
(2) Same as multiple dwellings in Section 3.1.3.7, excluding
building length in Section 3.1.3.7 - (1).
3.1.3.9 Mobile home parks subject to the provisions and regulations of
the Newville Borough Subdivision Ordinance.
\. 3.1.4 Accessory Uses.
3.1.4.1 Customary home occupations, provided that
(1) No display of goods or sign is visible from the street.
(2) Such occupation is incidental to the residential use of the
premises and may be carried on in the principal building by
a resident therein with one non-resident assistant.
(3) Such occupation is carried on in an area not exceeding 30S
of the area of the ground floor of the principal building.
(4) At no time shall any premises be used in such a manner to
causI the emanation th.refrom of offensive or noxious odors,
vapors, fumes, glare, dust, smoke, gas, vibration, noise, or
radtation beyond that provided in Section 5.6, or be used In
such a ..nner IS to cause injury, annoyanc., or disturknce
to any of the surroundi ng propert ilS, and to thei r CMltn
and occuptnt5.
(5) For the purpos.s of this section commercial us.s as Sit
forth in 3.2.3.5(8), industrial us.s and similar uSlS
SMll not be considtrM to be custOlllry hQllt occupations.
III -4
3.1.4.2 Professional office or studio, provided that.
(1) Such office or studio Is Incidental to the residential use
of the premises and is carried on by the resident thereof
with no more than one non-resident assistant.
(2) Such office or studio shall occupy not more than 35% of the
area of the ground floor of the principal building.
(3) Studios where dancing or music instruction is offered to
groups in excess of four (4) pupils at one time or where
concerts or recitals are held are prohibited.
(4) The keeping or boarding of any animals by a veterinarian
shall require approval of the Commission.
(5) Equipment capable of causing interference with radio or tele-
vision reception in the community shall be prohibited unless
equipped with approved means to prevent such interference.
3.1.4.3 Garden house, tool house, playhouse, wading pool, or swimming pool
incidental to the residential use of the premises and not operated
for gain. All such wac;~g or swimming pools shall be subject to
the provisions of Section 5.1.8 hereof.
3.1.4.4 Private garages.
3.1.4.5 The keeping of a reasonable number of customary household pets or
domestic animals but excluding the commercial breeding or keeping
of same. All such household pets or domestic animals shall not
be penned or housed within the applicable minimum yard require-
ments of any lots.
3.1.4.6 All storage accessory to any permitted principal use, other than
off-street parking and loading or trailer, boat, and mobile home
storage shall be carried on in completely enclosed buildings.
d
0ection 3.2 .(~ Mediln Density Residential D1st~,
=-.. ---
3.2.1 Characteristics. These Olstrlcts-rre-prfmarily intended for medium density
residential uses whtre centralized utilities Ire provided. Certain com-
lIlUftlty cClllllltrcial uses are conditlonlllly ptnnitted In thlse districts In
order to allow the developlllent of neighborhoOd cOlllllercial services which
are designed to ...t the dil11y needs of surrounding residential areas 1M
which protect the surrounding residtntilll environment.
3.2.2
PI~ltttd ~es. In the (R.Z) Mtdiwm Density Rts1dtntilll District, no build-
lng or prem SIS shall be used and no building or part of a building shall
be tNCted Or altered wfllch Is arranged, intetlded or designed to be used In
whole or in part for any use except the following:
11I.5
3.2.2.1 Any permitted use or accessory use as listed and regulated in the
(R-ll District, Sections 3.1.2 and 3.l.4, hereof.
3.2.2.2 Conversions of an existing residential structure from a one-family
dwelling to a two or more family dwelling, subject to the follow-
ing conditions:
(1) Such structure shall contain sufficient livable floor area as
required in Section 4.1.2 herein.
(2) The lot on which such structure is located shall contain at
least 75% of the required minimum lot area for each dwelling
unit so created.
(3) One off-street parking space shall be provided on said lot
for each dwelling unit.
3.2.2.3 Boarding, lodging or rooming house.
3.2.2.4 Places of worship.
3.2.2.5 Educational institutions.
3.2.3 Conditional Uses. The Council may after a public hearing held by the
Commission and upon recommendation by the Commission, permit the following
conditional uses In accordance with the provisions of Section 9.2 hereof.
Conditional uses shall be subject to the requirements specified below and
elsewhere in This Ordinance, including Site Development Plan Approval in
Section 9.3 hereof which shall be required prior to the issuance of a
building permit.
3.2.3.1 Any conditional use as listed and regulated in the (R-l) District,
Section 3.l.3, except cemeteries, in Section 3.1.3.6.
3.2.3.2 ~~lty commercial uses, subject to the following use standards:
(1) All business establishments shall be business establishments
which deal directly with the customer. All goods produced on
the premises shall be sold exclusively on the premises where
produced.
(2) All CClllllUnlty COllIIIIrclll uses and all storage ICcess01
thereto, except for off.street parking and off.street oadlng,
shill be conducted within completely enclosed buildings.
(3) Plrklng. loading. Or SlNice areas used by IlOtor vehIcles
IllY be pftlSicllly separlted frcn III streets by I suitable
barrier 19ainst llnehlMeled IllOtOr vehicle ICCeSS or egreSS.
TIlt roads. driveways. parking artls and Wilks shall be paved
and .Inteintd In good tondltion w,th hard sllrflce tftIter1als.
111.&
(4) All access roads or driveways shall be located not less than
forty (40) feet from the intersection of any street right-
of-way lines, and shall be designed in a n~nner conducive to
safe ingress and egress.
(5) Along each property line which is adjacent to a lot in resi-
dential use, the owner may be required to maintain a buffer
strip ten (10) feet wide upon which shall be planted a hedge,
evergreen shrubbery or suitable vegetation to provide appro-
priate screening against noise, glare, fumes, dust, and other
harmful effects consistent w1th the existent vegetation and
the permitted use of the adJacent residential property.
(6) The total floor area 1n any principal bU1lding shall not
exceed l,500 square feet
(7) Additional conditions and safeguards as the Commission may
impose in order to protect and promote the health and safety
and general welfare of the community and the character of
the neighborhood in which the proposed use is to be erected.
(8) No conditional use perm1t shall be granted to a community
commercial bulldlng or premises which shall be used, and no
building or part of a build1ng shall be erected, which is
arranged, intended or designed to be used, in whole or in
part, for any purpose, except as listed below, and all such
uses shall be subject to Site Development Plan approval, in
accordance with Section 9.3 hereof and those regulations
specified elsewhere in This Ordinance.
(a) Retail businesses, such as variety stores, apparel stores,
drug stores, grocery stores, eating and drinking estab-
lishments, antique shops, music shops, sporting goods
stores and book, stat1onery, magazine, candy and tobacco
ShOPS~but excluding establishments primarily designed to
provide drive-in fac1lities~
(b) Business serV1ces, such as banks, credit unions. loan
companies and other financial institutions, real estate
and insurance agencies, utility offices, government, busi-
ness and professional offices. but excluding establish-
ments primarily designed to provide drive-In facilities
and veterinary clinics.
(c) Personal services, such as barber shops, beauty salons.
photographic studios, coin operated laundromats. tailor.
dress-making, mill1nery, and dry cleaning and laundry
pick-up stations where the processing Is to bt done else-
where, but excluding establishments primarily designed to
provide drive-in facilities.
111-7
(d) Repair services, such as radio, television and appliance
shops, plumbing shops. carpenter shops, upholstery shops.
and shoe-repair shops.
-~' --- .--.----.--"-
._~h'_"__'_' ----- -----_.- ..-. - _.--- --
Section 3.3 1ffJ Community Commercial Districts.
3.3.l Characteristics. The purpose of these Districts is to permit the logical
development of land for business which is designed to meet the daily needs
of surrounding residential areas, to insure a business environment of sus-
tained desirability, to assure the suitable development of such business
in order to protect the surrounding residential environment, and not to
produce a volume of traffic in excess of the design capacities of any access
streets.
3.3.2 Permitted Uses. In a Community Commercial District, no building or premises
shall be used, and no building or part of a building shall be erected,
which is arranged, intended or designed to be used, in whole or in part,
for any purpose, except as listed below, and all such uses shall be subject
to Site Development Plan approval, in accordance with Section 9.3 hereof
and those regulations specified elsewhere in This Ordinance.
3.3.2.1 Any permitted or conditional use as listed and regulated in the
R-2 District shall be permitted in the (CC) District.
~
3.3.2.2 Automotive sales and services, such as service stations, repair
garages, new and used car dealers, and automotive supplies,
subject to the following conditions:
(l) The minimum lot size for such service station shall be
l5,OOO square feet, and the minimum street frontage
shall be 50 feet.
(2) Entrance and exit driveways shall have an unrestricted
width of not less than 12 feet and shall be no less than
20 feet from any property line and shall be so laid out
as to avoid the necessity of any vehicle leaving the
property to back out across any street right-of.~y or
portion thereof.
(3) Vehicle lifts or pits, dismantled and disabled auto-
mobiles and all parts or supplies shall be located with.
in completely enclOSed buildings.
(4) All service or repair of motor vehicles, other than
such minor servicing as change of tires or sale of
gasoline or oil. shall be conducted in completely
enclosed building. This requirement shall not be
construed to .an that the doors to any repair shop
lUst be kept closed at all time.
11I.8
\..
(5) The storage of gasoline or flammable oils in bulk
shall be located fully underground and not nearer
than 25 feet from any property line other than the
street line.
(6) No gasoline pumps shall be located nearer than 25
feet to any street line.
3.3.2.3 Manufacturing, assembling. converting, altering. finishing,
cleaning or any other procesing of products which is clearly
incidental to a retail or service business and where goods so
produced or processed are to be sold exclusively on the
premises; provided that:
(l) The area used for such pur-poses shall be fully con-
cealed from any street.
(2) Not more than five (5) employees are engaged in such
production or processing.
3.3.2.4 Public utility buildings and uses as listed and regulated
In Section 3.l.3.5 hereof.
3.3.2.5 Hotels and motels subject to the following conditions.
(l) Points of vehicular ingress and egress shall be limited
to a total of two (2) on any street. Off-street parking
shall be provided as follows: at least one automobile
parking space, car port or garage shall be provided on
the site for each guest room.
(2) All buildings and off-street parking areas shall be at
least 20 feet from all lot and street lines.
(3) Before the issuance of any building pennit. a detailed
plan for the proposed development of a site for a hotel,
motel and accessory facilities shall be submitted to and
approved by, the Commission, as provided in Section 9.3.
The Site Development Plan application shall identify
the location and size of existing trees. all other land-
scaping proposed, the architectural style, general design
colors. and materials to be used on exterior surfaces and
detailed plans for any signs as well as any other information,
elevations or perspectives which will enable the Commission
to recognIze the impact of the proposed developllllnt on the
area involved and to determine conformity with the purpose
of ThIs Ordinance.
3.3.2.6 Commercial recreation and entertainment facilities including
but not limited to theaters, bowling alleys. billiard parlors.
etc.
3.3.2.7 Newspaper and printing tatabltshments.
tIt -9
3.3.2.8 Service establishments including dry cleaning and laundry plants.
3.3.2.9 Accessory buildings. structures, or uses subordinate and customarily
incidental to and located on the same lot with any of the foregoing
principal uses and that will not create a nuisance or hazard to
life or property.
Section 3.4 i!J Industrial District.
3.4.l Characteristics. The purpose of these Districts is to identify and consoli-
date the various locations of industrially-related land uses which, because
of their shipping, storage and other requirements, exert special demands on
the Borough.
3.4.2 Use Standards. Uses permitted in the (1) Industrial District shall be
~ject to the following conditions:
3.4.2.1 Parking, loading, or service areas used by motor vehicles shall be
physically separated from all streets by a suitable barrier
against unchanneled motor vehicle access or egress. The roads,
driveways, parking areas and walks shall be paved and maintained
in good condition with hard surface materials.
3.4.2.2 All access roads or driveways shall be located a minimum of forty
feet from the intersection of any street right-of-way lines, and
shall be designed in a manner conducive to safe ingress and egress.
r
3.4.2.3
3.4.2.4
3.4.2.5
3.4.2.6
Along each property line which is adjacent to a Residential Dis-
trict or lot in residential use, the owner shall be required to
maintain a buffer strip ten (10) feet wide upon which shall be
planted a hedge, evergreen shrubbery or suitable vegetation to
provide appropriate screening against noise, glare, fumes, dust,
and other harmful effects consistent with the existent vegeta-
tion and the permitted use of the adjacent residential property.
Additional conditions and safeguards as the Commission may impose
In order to protect and promote the health and safety and general
welfare of the cOIIIlIInity and the character of the neighborhood in
which the proposed use is to be erected.
Illumination. When lot lines lie within 35 feet of a residence
distrIct boundary of any lot in residential use, an{ illumina-
tion of floodlighting shall be arranged so there wi 1 be no glare
of lights toward such lot or district boundary line.
Landscaping. Tht entire lot shall be suitabl{ landscaped. Where
lot lines are adjacent to a lot in residentla use or a residence
district boundary, there shall be planted along such lines, trees,
or shrubs of sllch type and spacing, as shall be required by the
Commission, to adequately screen all operations on the lot from
the view of properties in the adjoining residence dIstrict. All
landscaping shall be proPtrly maintained. Existi"9 landscaping
slll11 not oe removed except with the approval of the tOllllliuion.
Itl.IO
3.4.2.7 All outdoor principal uses and all outdoor storage facilities,
including parking and loading areas and public utility structures,
shall be subject to the approval of the Commission.
3.4.3 Permitted Uses. In an (I) Industrial District. no building or premises
shall be used and no building shall be erected which is arranged, intended
or designed to be used in whole or in part for any purpose except those
listed below, and all such uses shall be subject to Site Development Plan
approval. in accordance with Section 9.3 and those regulations specified
elsewhere in This Ordinance.
3.4.3.1 Manufacturing, assembling, converting, altering, finishing, clean-
ing or any other processing, handling, or storage of products or
products and materials involving the use of oil, gas or electri-
city for fuel: except for uses specifically prohibited in
Section 3.4.5, hereof.
3.4.3.2 Research, design and development laboratories.
3.4.3.3 Railroads and public utility rights-of-way and structures as
listed and regulated in Section 3.1.3.5, hereof.
3.4.3.4 Wholesaling, storing, and warehousing, including building con-
tractors, farming supply and building material yards.
3.4.3.5 Newspaper and printing establishments.
3.4.3.6 Bus and truck terminals.
3.4.4
Accessory Uses. Accessory buildings, structures, or uses subordinate and
customarTly incidental to and located on the same lot with any of the fore-
going principal uses and that will not create a nuisance or hazard to life
or property.
3.4.4.l Dwellings only for use of bona fide caretakers or watchmen and
their families.
3.4.4.2 Signs. Subject to the procedural requirements of Section 5.5
entitled Supplementary Sign Regulations in all Districts.
3.4.5 Prohibited Uses. The following uses are expressly prohibited in the (I)
Industrial District:
3.4.5.1 Residences, except as set forth In Section 3.4.4.l Above.
3.4.5.2 All uses that do not lllIet the requirements of Section 5.6 entitled
PerfoMftlnce Standards.
111.11
3.4.5.3 Uses of a heavy industrial nature Including:
(l) Manufacturing uses involvIng prImary production of the fol-
lowing products from raw materials; asphalt, cement, charcoal.
and fuel briquettes. Chemicals: aniline dyes, amnonia. carbide,
caustic soda, cellulose, chlorine, carbon black and bone black,
creosote, hydrogren and oxygen, industrial alcohol. nitrates
(manufactured and natural) of an explosive nature. potash,
plastic materials and synthetic resins, pyroxylin, rayon yarn
and hydrochloric, nitric, phosphoric, picric, and sulphuric
acids. Coal, coke, and tar products, including gas manufac-
turing; exploslves; fertilIzers; gelatin, glue and animal size.
Linoleum and 011 cloth, matches, paInt, varnishes, and tur-
pentine. Rubber (natural or synthetic); soaps, including fat
renderir3; starch.
(2) The following processes; nitrating of cotton or other materials,
milling or processing of flour, or grain; magnesium foundry;
reduction, refining, smelting, and alloying of metal or metal
ores; refining secondary alumln~refining petroleum products.
such as gasoline, kerosene, naphtha, lubricating oil, dis-
tillation of wood or bones.
(3) Bulk storage of oil, gasoline or simllllr flammable liquid
above ground.
(4) Refuse sites, except those owned and/or operated by a
lIlUfticipality.
(5) Junk and auto wrecking yards.
Section 3.5. Generalized Districts Use Schedule. The following schedule shows
which uses. ptl"lllitted, conditional and accessory, apply to the various zoning
districts established by This Ordinance. This generalized informational schedule
is designed and is intended to complement the detailed district use regulations
conteined herein; but it does not replace ArtIcle III or any other detailed
regulations that are adopted and declared to be a part of This Ordinance.
m.12
3.5.l Generalized Oistrict Use Schedule.
Generalized Uses Zoning Districts
R-l R-2 CC I
One-Family Residence P P P A
Two-Family Residence p p P
Multi-Family Residence C C P
Row or Attached Residence C C P
Federal. State, & Municipal Buildings & Uses P P P
Churches C C P
Schools C C
Other Institutions C C
Membership Clubs C C
Public UtilIties C C C P
Cemeteries C
Residence Conversions p P
Boarding, lodging & Rooming House P P
Retail Businesses. excluding
drive-in establishments C P
Buisness Services. exclusing
drive-in establishments C P
Personal Services. excluding
drive-in establishments C P
Repa i r Servi ces C P
Automotive Sales , Services C P
Processing for Retail C P
Wholesaling & Warehousing P
Printing Establishments P P
Vehicle Terminals P
light Manufacturing P
laboratories P
Customary Home Occupations A A A
Professional Office or Studio A A A
Tool House & Private Pools A A A
Private Garages A A A
Domestic Animals A A A
Storage Buildings A A A A
Signs A A A A
P . Permitted Uses C - Conditional Uses A - Accessory Uses
1tI-13
ARTICLE IV
DISTRICT BULK AND PARKING REGULATIONS
Section 4.1 District Bulk and Parking Regulations. The following schedules of
regulations applying to the area of lots, the height of buildings. the yards and
other open spaces to be provided, off-street parking spaces, minimum floor areas.
and all other matters contained therein, as indicated for the various districts
established by This Ordinance, are hereby adopted and declared to be part of This
Ordinance (see also Article V Supplementary Regulations).
4.1.1 Bulk and Parking Regulations for the R-l and R-2 Residence Districts.
R-l District R-2 District
For Uses One-family One-family Two-family
Permitted: Dwelling Dwell ing Dwelling
Minimum Required
Lot Area 7,500 7,500 10,000
Lot Width ~feet~ 50 50 80
Lot Depth feet 100 100 lOO
Front Yard (feet) 20 20 20
One Side Yard (feet) 6 6 6
Both Side Yards (feet) 15 15 l5
Rear Yard (feet) 25 25 30
Livable Floor Area (Sq. Ft.)
Per Dwelling Unit 600 600 600
Off-~treet Parking Spaces
Per Dwelling Unit 2 2 1~
Maximum Permitted
Lot Coverage 351 351 351
Building Height
Number of Stories 2lt 2lt 2~
Flit 35 35 3S
NOTE: Any giYll\ lot shan exceed either the .ini... lot width Or depth
sufficiently to ...t the lIin1lUlI lot area.
IV.l
4.1.2 Multiple Dwelling Residence.
1 2 3 4
Number of Habi table * Rooms (3 or more
In the Dwelling Unit (DU) (Efficiency) (1 Bedroom) (2 Bedroom) Bedrooms)
HinillUll Required
Lot Area
Total (Sq. Ft.)
Per DU (Sq. Ft.)
Lot Width lfeetl
Lot Depth feet
Front Yard (feet)
One Side Yard (feet)
Both Side Yards (feet)
Rear Yard (feet)
Livable Floor Area
Per DU (Sq. Ft.)
Off-Street Parking Spaces
Per DU
Play Space Area
Per DU (Sq. Ft.)
Usable Open Space
Per DU (Sq. Ft.)
Maximum Permitted
Lot Coverage
Building Height
N..r of Stories
Feet
1 Acre 1 Acre 1 Acre 1 Acre
2,000 3,000 4,000 5.000
150 l50 150 150
l50 150 l50 150
40 40 40 40
25 25 25 25
50 50 50 50
30 30 30 30
300 400 500 600
1.50 1.75 2.0 2.5
75 lOO l25 175
360 785 895 l,l25
25%
251
2It
35
251
251
2It
35
Z1t
35
Z1t
35
· A habitable I'OOIlI is to be defined as a "living roOlll" within a dwelling unit.
except that for the purpose of determinIng lot area requirements, a habitable
room shall not include any of the following:
...
lal A kitchen
b Foyers. bathrooms, toIlets. publIc or private halls. corridors Or
passageways, and
(c) Oining alcoves. dInettes or other dIning spaces (without l1.it as to
she) Wlen not separated by ..11s. doors frca other habitable rooas.
or cooking spaCts.
As a guide, an efficiency apartlllent contall\s 1 habitable l'OGIl, a l.btdroca
apartlltl\t, Z habitable f'OOIIS, a Z.btd~ apartment. 3 hlbitible rDCllIlSi and
a J-btdroom apartlltnt. 4 h.b1table roClllS.
tV.2
4.l.3 Attached Dwelling Residence (Townhousest.
2 3 4
Number of Habitable* Rooms (3 or more
In the Dwelling Unit (OU) (1 Bedroom) (2 Bedroom) Bedrooms)
Minimum Required
Lot Area
Total (Sq. Ft.) 1:1 Acre 1:1 Acre 1:1 Acre
Per DU (Sq. Ft.) 2,000 2.500 3,000
Lot Width ~feet~ 20 (a) 20 (a) 20 (a)
Lot Depth feet lOO 100 lOO
Front Yard (feet) 25 25 25
One Side Yard (feet) (a) (a) (a)
Both Side Yards (feet) ------
Rear Yard (feet) 35 35 35
Livable Floor Area Per OU (Sq. Ft.) 400 500 600
Off-Street Parking Spaces Per OU 1.75 2.0 2.5
Play Space Area Per OU (sc. Ft.) 100 125 l50
Usable Open Space Per DU Sq. Ft.) 500 500 600
Maxilllllll Pennitted
Lot Coverage 251 25% 251
Bulding Height
NUlItler of Stori es ~ 21:1 21:1
Feet 35 35 3S
* A habitable room is to be defined as a .living room" within a dwelling unit.
except that for the purpose of determing lot area requirements, a habitable
rOQlII shan not include any of the following:
(a) A kItchen
(b) Foyers. bathrooms, toilets, public or private hall, corridors or
passageways, and
(c) DinIng alcoves, dinnetes or other dining spaces (without limit as to
sill) lIIen not separated by walls, doors fl'Olll other habitable rD<IIS. or
cooking spaces.
As a guide., an effIciency apartlent contaIns 1 habitable room; a l-bedroca
apartlltnt. Z habItable roclIllS; a 2.bedroom apartMnt. 3 habitable f'O<IIS; and
a 3-btdroo- apartlent. 4 habitable rooms.
(a) All end row Or attach.d dwellings shall have a min1MUm lot w1dth of 33 flit
and a side yard of at lust l5 flit. All attached dwellings have a mln11ll11
bu1ldlng w1dth of l8 flit.
(b) "Pby Space Ar-.a" and "Usable Open Space per OU" shall be in addition to
the Lot Area req~iremtnts and shill be so arranged as to function as connon
areas for all dwelling wnlts.
IV.)
4.1.4 Bulk and Parkin Re ulations for Communit Commercial uses in
R- str cts an n ustr a str cts.
R-2 District
Minimum Required Community Commercial I - District
Lot Area (Sq. Ft.) 7,500 20,000
Lot Width tfeet~ 50 75
Lot Depth feet l50
Front Yard (feet) 20 35
Side Yard (feet) ..
Side Yard for Lots abutting 30
a Residence District Boundar.y 20 35
Rear Yard (feet) l5 35
Rear Yard for Lots abutting
a Residence District Boundar! 30 35
Off-street parking spaces:
la~ Per 300 sq. ft. of floor area 2 1
b Per employee (whichever Is
greater) 1 1
\:...
Maximum Coverage
35%
351
Maximum Permitted
Building Heights
35 ft. Or
2lt s tori IS
45 ft. or
3\ stori IS
.. Not required. but lD feet minhul if provIded.
IV..
..
5.1.2.2 Reer and Sld~ Yards. On i: curner l(.t, frcnt y..;:; Mf r>i'q~i,td on
both street frontages, and one yard other thon th~ f'cnt lards
sha 11 be deemed to be a rear yard and the other cr (,thers. side
yards.
5.1.3
~tlons to let Del1th Requiremen~l' lne 'cc.w.reC lot CClith .:It ;;ny p\;lnt
iiiiYbe decreased by 25S If the average IClt eel-th cc.Moms >11th tht> ij,;r,ln,urr.
requl rement.
5.1.4 Exceptions to Yard Requirements.
5.1.4.l Permitted Obstructions. Cornlce~ cr cant11everea tilPS mcy proJec.t
not more than three feet Into a requirEc j'.Hd. Eelt 1;~li'SH, win-
dow sills and other ornan.ental fe.atures may project not mere than
6 inches tnto a required yard. rences er walls not ~ver 8 feet
in height mcy be erected anywhere on the lLt. elce~t as Set forth
In Section 5.1.2.l. Fences or walls wlth a he!gnt jn exc~ss of 8
feet shall conform to the requirements set fcrth t,er.: 'n for but ld-
ings. Paved areas (other than such as are reec(~ for d((.ess to
the buildings on the lot) shall net projec.t witnln 15 feet .:1 a
street line or 5 feet of a lot line.
'-
5.1.4.2 Entries and Porticos. A roofed-o'/e, (;' unl:n~:l.sed pcjectlcn In
the natllre of anentry or porti:o, r,(,t r.t:re He'l E';l\t ft'et \VIce
and utendlr,g not more than sh fe~t o...t f.;.CT. lh" "all cl the
building shall be exempt from front yard requlr~nEnts when the
bUilding otherwise complies with all other yard rest'lctlofoi of
This Ordinance.
5.1.4.3
E~1stir.~ !et-ba;k. No propose.: pillUpl C,..l ",.': ",n r.~f c
set-bac greater than the average of the twc e!j;t'r,~'~r!IlClp41
bllildlngs with the greatest set.~acl<s located ~;tr 'n 2(0 feet 0'1
each side of the said proposed I:vildjng, on tM !d~e side c' the
street, within the saille block, ar,d the SClt;f, [.b .,-!( r
5.1.5 uniformity of Design. In order to avoid n~n'tony of arch;ta.tural destgn,
the Commission may require thlt no building permit be iss.td for the
erection of a dwelling located within In opprcvtd Mojor S;..t;his;or. Flit
If it is substantially like Iny neighboring bulldln9 ~ich is e~lst;ng or
for which a building permit has been issued or ts being concurrently
considered.
5.l.5.l A building shill be considered neighboring If it fronts on the
SImt street as the bul1dir.g being consldtrtd I~C ~hlrh Is the
first and second house .long the street in ttther direction Or
WIIlch factS the building site being considered frem across the
streit.
\' .2
5.l.6
5.1.5.2 In considering those items listed in Section 5.l.7.3, buildings
shall be considered substantially alike in any dimension for which
they differ by less than two (2) feet except twenty (20) feet
for setback differences. Buildings between which the only dif-
ference in relative location of elements is end to end or side
to side reversal of elements shall be deemeJ to be alike in re-
lated location of such elements.
5.l.5.3 Buildings shall be considered substantially alike unless they
differ in at least three of the following respects or dimensions:
(1) Set-back from the street. (20 foot difference)
(2) Relation of a garage visible from the street to the main
structure.
(3) Length of the main roof ridge.
(4) Height of the roof ridge above the first floor elevation.
(5) Width, measured perpendicular to main roof ridge. if the
buIlding has a gable extending from the main roof visible
from the street.
(6) Relationship to each other of either windows, doors,
chimney, or any porch in the front elevation.
5.1.5.4 The Commission may waive or vary any requirements of Section 5.1.5
where the layout of the neighborhood, road pattem, topography,
observation of natural features, views and the siting of indi-
vidual structures is such to avoid monotony of appearance despite
similarity of buildings.
Private OUtdoOr Swimming Pools. No building penDit shall be granted for
the Installation of construction of any such swimming pool unless the
Borough Engineer or State Department of Environmental Resources hIS
certifIed that the drainage of such pool is adequate and will not inter-
fer with any domestic water facilities, any sanitary sewage facilities
Or any streets.
5.1.6.l A sIngle private outdoor swiming pool may be pennitted on the
SUIt lot wIth a residence. subject to the following conditions:
(1) The edge of such pool shall not be located nearer than lO
flit to any lot line or l5 flit from any street right-of
WI1 ltnl.
(2) If Slid pool Is lOClttd within l5 flit of any lot or street
rigflt..of.way 11M, sucll pool sllall be scrttntd from view.
Any swch screen sllall be at least fIve flit hlgll
v-)
(3) Any such pool with a surface area of 150 square feet or
more or a depth in excess of 2 feet shall be completely
surrounded by a fence or wall that is not less than four
feet in height. All gates or doors opening through said
fence shall be erected, maintained and provided with a
self-closing, self-locking gate to prevent unauthorized
use of the pool and to prevent accidents. However, if
said pool is located more than three and one-half (3 l/2)
feet above the ground level, then a fence is not required,
provided that all points of access to said pool are ad-
equately protected by a self-closing, self-locking gate.
Section 5.2 Supplementary Regulations Applyinq to Non-Residential Uses.
5.2.l Height Regulations.
5.2.1.1 Where a lot has frontage on two or more streets or other public
rights-of.way, the height limitation shall apply only as measured
from the curb level along the street or way with a higher eleva-
tion above sea level.
5.2.l.2 Structures such as chimneys, flues, towers, and spires shall be
exempt from height limitations provided they occupy not more than
201 of the roof area.
....
5.2.2 Waiver of Yards. No side yard or rear yard shall be required where such
yard abuts an operating railroad right-of-way.
5.2.3 Courts. The minimum dimension of an inner court shall not be less than
tWice the height of all surrounding walls. However, in no case shall
an inner court have a dimension of less than 30 feet. (The height of
walls surrounding an inner court shall be measured from finished gride
at the base thereof. to the top of such wall. except that, in the case
of roofs with a slope exceeding 5 inches vertical to 12 inches horizontal,
the height shall be measured to the mean point between the top of the
said wall and the heighest pOint of the roof.) The minimum dimension
of an outer court Shill be 20 feet, and its depth shall not exceed its
wi dth.
Section 5.3 Swoplementary Parking and lOldinQ Reoulitions In All Districts.
5.3.l Off-Street Parkin; Requirements. Accessory off-street parking spaces,
open Or enClOSed, art ptl'llittad accessory to any uSt slIbJect to the
foll?Wlng provisions:
5.3.l.l Schedule of Parking ReQuirements. Accessory off-street PArking
SpatlS, open or enclosed, shall be provided for any uSt IS
spee1fitd below. Any land which is developed as a unit under
single ownership and control shall be considered a single lot
for the purpose of these parking regulations. Reasonable and
\-4
5.3.1.2 Areas Cc~puted as Parking Spaces. Areas whIch may u. _~,t~~l~l ~.
open or enclosed o'f-street parking spaces Include any pr:\atr
garage, carport. or other area available for parking, other th,n
a street or driveway. However, a driveway withi~ a requl(fd fr'~'
yard for a one-family or two-family residence may count as :re
parking space other than on a corner lot as provided in Sectl.r
5.1.2.l.
5.3.l.3 Size of Spaces. Three hundred (300) square feet shall be con.
sidered one parking space (to provide rc~, for standing area a..
aisles for maneuvering). Entrance and exit lanes shall not be
computed as parking space except for driveways for one-family and
two-family residences as set forth in Section 5.3.1.2. Minimum
parking stall width shall be ten feet, minimum length shall be
20 feet.
5.3.1.4 Large Parking Areas. In parking areas on one-half (1/2) acre or
more. at least 5S of the total area shall be devoted to landscap-
ing within the interior of the parking area.
5.3.1.5 Access. Unobstructed access to and from a street shall be pro-
vided. Such access shall consist of at least one lO foot lane
for parking areas with less than 20 spaces, and at least two lO
foot lanes for parking areas with 20 sapces or more. No entrance
or exit for any off-street parking area shall be located within
50 feet of any street intersection.
5.3.l.6 Drainage and Surfacing. All open parking areas shall be properly
drained and all such areas shall be provided with a dustless sur-
face, except for parking spaces accessory to a one-family or two-
family residence.
5.3.l.7 Joint Facilities. Required parking spaces, open or enc1~!fd, ~ay
be provided in spaces designed to serve jointly two or ~'c
establishments whether or not located on the same let, p~ov!ded
that the number of required spaces in such joint facilities shall
be not less than 75S of the total required for all such estao1lsh-
Nnts.
5.3.l.8 Combined SpaCIS. When any lot contains two or more ~ses having
different parking requirements, the parking requirements for each
use shall apply to the extent of that use. Where it can be con-
clusively demonstrated that one or more such uses will be gener-
ating a demand for parking spaces primarily during periods when
the other use or uses is not or are not in operation. the CommIs-
sion may reduce the total parking spaces required for that use
with the least requirement.
· ,. ~ Multiple Uses in Single Structure. When two or more uses that
.tqulr~ c' .:reet parkIn; spaces afe located in a single structure,
t~e separate pa~klng requirements for each use shall be applied.
,of
5.3.1.10 Locat' .:" '.., ~equl.ed aC:Eii; . .,-t" 'pace!.
~..._---- -- ~-..
open o~ ~nc .oH' 11.: be provided ulic:n tne p:_ :;. as the ...~e
to wl,;(' .to... - r .~sscry o~ els..whert uro:. ~ned ai 1 spaces
there~r "rt .... ,', ::'C feet wa'k,ng d',l...nce ot su~h ,"'-
In all ',~O\ "Jcn p. ; spaces sha'l confcrm to all the r~gv'
latior., ..' . Jh .,.,~, :hE pC'l(lng spaces are lc 'f'''
and in r.~ event shall' j.~~". .pace!' hr ll)r.ated in ar,
Resider.tlal Olstdct unless the u.e t.: .,h,.r, :,e :;:i;ces are
accessory is permItted in s~ch ResIdential Districts or upon
approval by tr~ Commission. Such spacE~ shall be in the samE
ownership oS the use to which thej C.r~ !CCessorY and shall be
subject to oeEC restrl.;;on, approved by the Commission binding
the owne :r~ h~s heirs "nd assigns tc maintain the required
number of spaces avej1~b'e ~ither (a) throughout the existence
of such use to which tiE; :1"e accessory, 0:- (b) until such spaces
are provided elsewhere.
5.3.l.l1 On Lots Divided by District Boundaries. When a parking lot Is
located partly in one district and partly in another district,
the regulations for the district :-equiring the greater number of
parking spaces shall apply to all ~f the lot. Parking spaces on
such a lot may be located without regard to district lines, pro-
vided that no such parking spaces Shall be located in any Resi-
dential District, unless the vse to which they are accessory is
permitted in such district, or upon approval of the Commission.
5.3.2 Off-Street Loading Requirements. Off-street loading, berths, open or en-
closed, are permitted accessory to any use (except one or two family
residences) subject to the following minimum provisions:
5.3.2.1 Uses for Which Requlred. Accessory off-street loading berths
shall be provlded fo~ any use speCified below. Any land which
is developed as a unlt under single ownershIp and control
shall be conSIdered a single lot for the purpose Of those
minimum loadIng requirements
(a) For a publIC lIbrary, museum, or sImilar quasi-public
instlt~t;on, or governmental building, community center,
hospital or sanltar'um, nursing or con.alescent home,
InstItution for children or the aged. or schocl with floor
area of 10,000 square feet, 1 berth; for each additional
25,000 square 'eet or frictIon thereof, I additional
berth,
(b) For buIldings WIth profeSsional, governmental, or business
offices, or laboratory establishments, with floor area of
lO,ooo to 25.000 square feet, 1 berth; for each additional
25,000 square flft or fraction thereof up to lQO,OOO s~~are
feet, 1 additlonal birth; for each additional 50,000 square
let' t..;~';~ t~,'eo~, 1 ,cc't1onal berth.
(c) For buildings with offices and retafl sales or,':; ~erVlce
establishments, 1 berth for 8,000 to 25,000 square feet
of flcor area, ond 1 additional berth for each add;t;~na'
25,000 sq. ft. of floor area or fraction thereof so ~,ed.
(d) For manufacturing, wholesale and storage uses, and for ;~y-
cleaning and rug cleaning establishments and laun1rl,;.
1 berth for 5,000 to 10,000 square feet of ficor area is
such use, and 1 additional berth for each additional 20,JOO
square feet of floor area or fraction thereof so used.
5.3.2.2 Size of S~aces. Each required loading berth shall be at least
12 feet wlde. 33 feet long, and 14 feet high
5.3.2.3 Location and Access. Unobstructed access, at least 10 feet wide,
to and from a street shall be provided. Such access may be com-
bined with access to a parking lot. All permitted or required
loading berths shall be on the same lot as the use to which they
are accessory, except as provided in Section 5.3.2.4. No entrance
or exit for any off-street parking area shall be located within
50 feet of any street intersection. No off-street loading berth
shall be located in any front yard.
5.3.2.4 Joint Facilities. Permitted or required loading berths, open or
enclosed, may be provided in spaces designed to serve jointly 2
or more adjacent establishments provided that the number of re-
quired berths in such joint facilities shall not be less than
the total required for all such requirements, unless the provis-
ions of Section 5.3.1.8 apply.
5.3.2.5 On Lots Divided by District Boundaries. When a lot is located
partly in one district and partly in another district, the reg-
ulations for the district requiring the greater number of load-
ing berths shall apply to all of the lot. Loading berth~ on such
a lot may not be located in any Residential District, unless the
use to which they are accessory is permitted in such district,
or upon approval by the Commission.
5.3.3 Develo nts.
erever space s prov or t par ng 0 or MOre ve c es ln e
O~i~, such spaces shall be individually identified by means of pavement
markings. No parking space shall be located within 10 feet of any lot
line in side or rear yards. The parking of motor vehicles is prohibited
within 15 feet of any wall or portion thereof of a two or more family
dWll'~n9, Mhich wall contains windows (other than bathroom or kitchen
wlne~ws) with a sill height of less than 8 feet above the level of the
Said parking space. No service of any kind shall be prmitted to be
extendtd to users of the lot, Including automobile service, repair or
'l!li"9, and no gasoline, all, grease, or other supplies shall be stored
':' " ~ C' in any garage on hlch lot. Pa"Ung aren shall
. . !. '!ene~ ~y a sut-sta'lttal wall, fence, or thick hedge, approved by the
~; . :!'~r ~ere'<"y Such screenln~ shall not be less than 3 or more than
~ -eft ,,. ...~;;~t
\'-8
by a tight, sight-ohscuring evergreen hedge, shrub or
tree border. No residential 8crNming fence shall be
located so it will obstruct safe traffic vision, and
no screening fence shall have advertising thereon.
(b) Motor vehicle oriented businesses shall be screened from
abutting public sidewalks and streets to prevent improper
and unsafe access to the site by a solid decorative wall
or fence or hedge, or a curb, or a planting strip.
(8) Landscaping and Open Space.
(a) All an.as of the site including the street right-of-way
not paved shall be landscaped with a mixture of trees,
shrubs, f~owers, and grass to retard water runoff, restrict
blowing trash, and deter improper and unsafe access and
site use by the public.
(b) Pavement shall not be allowed in front or side yard street
setbacks except for driveways and sidewalks.
(c) All landscaping plant materials shall be kept alive and in
excellent condition.
(d) Landscaped areas shall not be used for the purpose of
storinr vehciles, trailers, or other equipment.
(9) Llghtin~. Exterior lighting proposed for the site shall be
planned, erected, and maintained so the light is confined to
the property and will not cast direct light or glare upon
adjacent properties or public rights-of-way. n,l.' light source
shall not be higher than twenty (20) feet and shall not be
visible from adjacent properties or public rights-of-way.
(10) I'nldng. AU motor vehicl" oriented businesses shall provide
for .inim~ offstreet parking as follows:
ea) For drive-in banks, one (1) parkin. space shall be provided
for ea~h full-time employee with a minimua of three (3)
spaces.
(b) For other motor vehicle oriented bUlinell.I, on. (1) park-
ioa space shall be provided for each full-t1ae caployee
with a adnimua of five (S) Ipaces plul one (1) space for
each one nundred (100) square feet of Iros. floor area.
(e) All parking Ipaces shall be clearly desianated by painted
lines or other space dividers.
(Ill OlhH Conditions. Th. }'lannin& Co_illlon lYY reeo_el\d and
&arouth ~~uncll require provisions for other eOftditionl which
",Ill tend to elilllnau or reduce put-lie n"iuncu CIUIK!>)'
n,'ls~. lIuI. oJon, SlIh)k.., dull. vl"rat!l>n. ,tau. IlllOdln~.
lion rr..tft, t-'~ngeHj"n ."d I'H'Il...H tl... I'"rf"'s" <'f the tooln,
(\1 J~~I..ir".(~.
f~H! "n "i,.t
- j -
( 5.3.4 Regulations for Parking Spaces adjacent to Lots in Any Residential pisi.:-,,-~,
5.3.4.1 Wherever a parking area of over 5 spaces abuts or Is wit~j" .-
feet of the side or rear lot line of a lot in any Resident;ai
District, the said parking lot shall be screened from such ,d;
ing lot by a substantial wall, fence, or thick hedge, app'c,ed
by the Commission. Generally such screen shall be not Ie,. .~<"
or more than 8 feet in height.
5.3.4.2 Whenever a parking area of over 5 spaces is located across th,
street from other land in any Residential District, It shall be
screened from the view of such land by a thick hedge, wall, or
fence approved by the Commission, located along a line drawn
parallel to the street and a distance of 20 feet therefrom; such
screening to be interrupted only at points of ingress and egress.
Generally no such screening shall be less than 3 feet or more than
8 feet in height. The open area between such screening and the
street shall be landscaped in harmony with the landscaping pre-
vailing on neighboring properties fronting on the same street.
Two identification and directional signs located on the street
side of such screening shall be permitted; however, they shall
not exceed an area of 3 square feet each.
5.3.5 Driveways. No driveway shall provide access to a lot located in another
District, which lot is used for any use prohibited in the District in which
such driveway is located.
c
5.3.6 Commercial Vehicles.
5.3.6.l One commercial vehicle not exceeding 25 feet in length may be
parked on 'an occupied lot in any Residential District, between
the street line and the principal building.
5.3.6.2 One commercial vehicle not exceeding 25 feet In length r.:~ be
parked within a private garage in any Residential District.
5.3.7 Storage of Mobile Homes, Trailers and Boats.
S.3.7.l The storage or parking of a mobile home. trailer or boat
be any person or persons is hereby prohibi ted in all Districts
IJlClpt thlt:
(1) One cUlping trailer or IlOblle hc.e, not Over 25 flit in
lenght, Ny be stored, but not used for any purpose, on an
occupied lot In any reSidential district, .nd provided that
such trailer Is not stored betWltn the st"et 11", and the
principal building.
(2) """. bIllldi!\g peMll1t has bit" lsSlIed for tne constl'1/ction
or alteration ot a building, a temporary peMllit fer C1,
IIIOblle heM or c;aqling trailer 11II,)' be hSlad for 4 pedod
I'\Ot to fHtH 6 lIlOntlls. S>ald t~rary """It 11II1 llt IX-
!'
v.~
tended for I additional period of 6 months if it can be
shown that construction has been diligently pursued and that
justifiable circumstances require such an extension. Said
residence may be occupied during the term of the temporary
permit, and shall Je situated upon the lot for which the
bUilding permit r.a~ been issued. Prior to the issuance of
such a temporary permit the location of said residence on
the lot shall be subject to Commission approval. Said Com-
mission may attach to their approval whatever conditions it
deems necessary to carry out the intent of This Ordinance.
5.3.7.2 Not more than one (1) boat per residence may be stored on an
occupied lot in any Residential District, provided that such boat
is not stored between the street line and the principal building.
Section 5.4 Prohibited Uses in all Districts.
5.4.1 Any use which is noxious, offensive or objectionable by reason of the
emission of smoke, dust, gas, odor or other form of air pollution or by
the reason of the deposit, discharge or dispersal of liquid or solid
wastes in any form in a manner or amount as to cause penmanent damage to
the soil and stream or to adve~:ely affect the surrounding area, or by
reason of the creation of noise, vibration, electromagnetic or other dis-
turbance, or by reason of illumination by artificial light or light re-
flection beyond the limits of the lot on or from which such light or light
reflection emanates, or which involves any dangerous fir~, explosive,
radioactive or other hazard, or which causes injury, annoyance or distur-
bance to any of the surrounding properties or to their owners and occupants,
and any other process or use which is unwholesome and noisome and may be
dangerous or prejudicial to health, safety or general welfare.
5.4.2 Artificial lighting facilities of any kind with light sources visible
beyond the lot lines and which create glare beyond such lines, inc'udlng
but not limited to neon signs and flood lights.
5.4.3 Amusement parks and circuses and related activities except for a temporary
period on special license from the Borough Council.
5.4.4 Junk yard, dump, or disposal site, except a refuse disposal site estab-
liShed as an official Borough Refuse Disposal Site or a refuse site duly
licensed as a refuse site by the Borough Council.
5.4.5 The excavation, extraction or removal of any natural resources from the
land or ground for any Pl/rposes without prior approval of the CollIaisslon.
5.4.6 No structure, or any part of a storm drainage of sewage disposal system,
shall be located within lOO feet of either the legally established high
water l1ne of either a surface reservoir for dOlllestlc wattr supply or
....v Hrull'S t..ibutory thereto or I flood plain area, subJect to al)l)l'Oval
II! tAt htnnsylvanll Departllllnt of Environmental RtsOllrces.
V.TO
Section 5.5 Supplementary Sign Res~lAt~~ns in all Districts.
display or str~cturc, pc:'er or de.ice
or reconstr~cted except as expressly
No ~19n, bil'board, adle' .,'ra
shali be ere~ted, mo~ea. e~.,
permltteo in this ordinance,
5.5.Z The following types of signs or arti, ;tia, ,'.~ht'ng t'e prohibited:
5.5.1
5.5.2.l Billboards.
5.5.Z.2 Flashing Slgrs, 'n,'~~'ng any SIgn or de~lce on whICh the
artificial 'I.ht is not maIntaIned stationary, and constant
In intensIty on, co'or, at all times when In use.
5 5.Z.3 Signs whIch compete for attentIon with, or ~ay be mistaken
for, a traffic signal.
5.5.2.4 The outlining by direct IllumInation of all of any part of
a building such as a gable, roof, side, wall or corner.
5.5.Z.5 Signs displayed o~tdoors made of c.'dboard, paper, canvas
or similar impermanent material, E,.ept where a temporary
license is granted for same.
Section 5.6 Performance Standards. No land or building in any Zoning District
shall be used or occupied in any manner so as to create any dangerous, injurious,
noxious, or otherwise objectionable; fire, explosive, or other hazard; noise or
vibration; smoke, dust, odor or other form of aIr pollution; heat, cold, damp-
ness, electromagnetic or other substance, condItion 0' element in such manner or
in such amount as to adversely affect the reasonable use of the surrounding area
or adjoining premises (referred to herein as "dangerous or objectionable
elements.); provided that any use permitted or not elpressly prohibited ~: This
Ordinance may be undertaken and maintained if It conforms to the reg..lat..... "i
this Section 5.6 limiting dangerous and objectionable elements at the po'~t of
the determination of their existence.
5.6.l
5.6.2
Uses Requiring Performance Standards Procedure. All principal buildings
and uses accessory thereto; except residences including residential dwel-
lings. membership clubs and similar residential uses, and uses accessory
thereto, shall be subject to the performance standards procedure as
specified in Section 5.6.3 in obtaining a building permit from the
Borough.
Enforcement Provisions Applicable to Other Uses. Even though compliance
with performance standards procedure In obtaining a building permIt is not
requIred for some particular uses. Initial and continued compliance with
the performance standards themselves Is required of every use, and pra.
v.tI""s for enforcement of continued cQlIlPlfanct with performance standardS
. :'l.t'a~ t') .," B~rcugh against any ~S' If tl'ere are reasonable
'~U"ds to believe that performance sta~dards are being violated by such
. \
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I.
5.6.3 Perfonmance Standards Procedure. An application for a buildln; per~it or
a certificate of occupancy for a use subject to performance standards
procedure shall include a plan of the proposed construction and a descrip-
tion of the proposed machinery, operations and products, and specfficat1cns
for the mechanisms and techniques to be used in restricting the emission of
any dangerous and objectionable elements listed in this Section 5.6. The
Borough may employ qualified experts to review such plan, descriptlcn ane
specifications at the cost of the applicant.
The applicant shall also file with such plans and specifications an aft.
davit acknowledging his understanding of the applicable perfonmance stan-
dards and stating his agreement to conform with same at all times. No
applicant will be required to reveal any secret processes, and any infor-
mation submitted will be treated as confidential.
5.6.4 Perfonmance Standard Regulations.
5.6.4.l Fire and Explosion Hazards. All activities involving, and all
storage of, inflammable and explosi~e materials shall be provided
at any point with adequate safety devices against the hazard of
fire and explosion and adequate fire-fighting and fire suppres-
sion equipment and devices standard in the industry. Burning
of waste materials in open fires is prohibited at any point. The
relevant provisions of State and local laws and regulations
shall also apply.
5.6.4.2 Vibration. No vibration shall be produced which is transmitted
through the ground and is discernible without the aid of instru-
ments at or beyond the lot line; nor shall any vibration produced
exceed 0.002g peak at up to 50 cps frequency, measured at or
beyond the lot line using either seismic or electronic vibration
messuring equipment. Vibrations occuring at higher than 50 cps
frequency or aperiodic vibrations shall not induce acce~eratlons
exceeding .OOlg. Single Impluse aperiodic vibrations o~.:urH,g
at an average interval greater than 5 minutes shall not induce
accelerations exceeding .Olg.
5.6.4.3 Noise. The maximum sound pressure level radiated by any use or
facility (other than transportation equipment) at any lot line
shall not exceed the values in the designated octave bands given
in Table 1, after applying the corrections shown In Table 11,
below. The sound pressure level shall be IllHsured with a Sound
Level Meter and associated Octave Bank Analyzer confonalng to
standards prescribed by the American Standards Association.
(_rican Standard Sound Level Meters for Measurement of Notse
and Other SOIInd Z24. 3.1954. American Standards Association,
Int., New York. New York, and AMerican Standards Speclflcat'on
for an Octave.lank Filter Set for the Analysis of Noise and
Other Sownds. 124. 10-19S3, ~rican Standards Association, Inc.
New York, P1tw York shan be USIC.)
V.l:
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5.6.4.4 Smoke. No emission shall be permitted at any point, from any
chimney or otherwise, of visible grey smoke of a shade equal to
or darker than No.2 on the Power's Micro-Rlnglemann Chart, pub-
lished by McGraw-Hill Publishing Company, Inc. and copyright 1954
(being a direct facsimile reduction of the standard Ringlemann
Chart as issued by the United States Bureau of Mines), except
that visible grey smoke of a shade equal to No. 2 on said chart
may be emitted for 4 minutes in any 30 minutes. These provisions
applicable to visible grey smoke shall also apply to visible
smoke of a differenct color but with an apparently equivalent
opacity.
5.6.4.5 Odors. No emission shall be permitted of odorous gases or other
odorous matter in such quantities as to be readily detectable
when diluted in the ratio of one volume of odorous air emitted
to four volumes of clean air. Any process which may involve the
creation or emission of any odors shall be provided with a secon-
dary safeguard system should fail. There is hereby established
as a guide in determining such quantities of offensive odors,
Table III, "Odor Thresholds", in Chapter 5, "Air Pollution Abate-
ment Manuals", copyright 1951 by Manufacturing Chemists'
Association, Inc., WaShington, D.C. and said manual, and/or table
as subsequently amended.
5.6.4.6 Other Forms of Air Pollution.
No emlSSlon s a e permltt Ie can cause any amage to
health, to animals, vegetation, or other forms of property or
which can cause any excessive soiling, at any point on the prop-
perty of others; and In no event any emission, from any chimney or
otherwise, of any solid or liquid particles in concentrations
exceeding 0.3 grains per cubic foot of the conveying gas. For
measurement of the amount of particles in gases resulting from
combustion, standard corrections shall be appli~ to a stack
temperature of 500. Fahrenheit and fifty percent (501) excess air.
5.6.4.7 Electromagnetic Radiation. It shall be unlawful to operate, or
cause to oe operated, any planned or intentional .ource of elec-
tromagnetic radiation for such purposes as communication, experi-
mentation, entertainment, broadcasting, heating, navigation,
therapy, vehicle velOCity measurement, weather survey, aircraft
detection, topographical survey, personal pleasure, for any other
use directly or indirectly associated with these purposes which
does not comply with the then current regulations of the Federal
Communications Commission regarding such sources of electro-
magnetic radiation, except thit for all governmental communica-
tions facilities, governmental agencies and government owned
plants, the regulations of the Interdepartment Radio Advisory
Committee shall take precedence over the regulations of the
Federal Communications Commission, regarding such sources of
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electromagnetic radiation. Further, said operaticr In compl i"I\..e
with the Federal Communiations Commission or the Interdepartm~nt
Radio Advisory Committee regulations shall be unlawful if s.r
radiation causes an abnormal degradation in performance o~ ~"
electromagnetic radlators or electromagnetic receptors of ^:,
and proper design because of proximity, primary field, bk ,.'t
spurious re-radiation, harmonlc ~_;"tent. lI;)du1at'on or er, _.
conducted by power or telephone lines. The dete','qation o~-
"abnorma 1 degradati on in performance' ~"ll "of qua! 1 ty and p'
design" shall be made in accordance w;:n good engineering pre.
tices as defined in the latest prinCIples and standards of tho
American Institute cf Electrical Engineers, the Institute of
Radio Engineers, and the Electronic Indl.lst"Es Association. :n
case of any conflict between the lastes standards and prinClp:es
of the above groups, the tollcwlng preceden:e In the interp~etQ-
tion of the stnadards and prInciples shall apply: (1) Arr,erican
Institute of Electrical EngIneers, (2) Institute ~f Radio Engineers,
and (3) Electronic Industries Association.
5.6.4.8 Radioactive Radiation. No actIvIties shall be permitted which
emit dangerous radioactivity at ary paint beyond the propert,) "re.
The handling of radioactive mate'~'ls, the discharge of such
materials into the air and water, a~d the disposal of radioactj'E
wastes. st,:,l1 be in conformance wIth the regulations of the AtOllolC
Energy Commission as set forth in Title 10, Chapter One, Part ?O
Standards for Protection Against Radiation. as amended; a~o G
applicable regulations of the State of Pennsylvania.
5.6.4.9 Heat. For the purposes of This Ordinance, heat is defined as
thermal energy of a radiative, conductive or convective nature.
Heat emitted at any or all points shall ~ot at any time cause a
temperature increase on any adjacent property in excess of 10
degrees F.; whether such change be in the air or the grnvnd. in ~
natural stream or lake, or in any structure on such adja~ent
property.
5.6.4.l0 Glare.
(1) Direct Glare. Direct glare is defined for the purpose of
This Ordinance as illumination beyond property lines caused
by direct or spacularly reflected ryas from incandescent,
fluorescent, or Ire lighting, or from such high temperature
processes as welding or petroleum or metallurigical refining.
No Such direct glare shall be permitted with the tIlceptions
that parking artU and ""lkwys may be 1l1U111inated by lumin-
aries so hOOded or shielded that the maxilllUlll angl. or the
con. of direct 111uminat1on shall be 60' drawn Pf'r'I*\dicular
to the ground, with the 'xclPtion that such angle may t.t
increutd to 90' if the IUllllnny is less that 4 feet above
the grOUnd. SlIch lumi!'>aries sl\all be placed not hl" th.n
16 fltt above ground level and the maximum Illumination at
ground level Shall not be in tlcess of three foot-Clndles.
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ARTICLE VI
NON-CONFORMING USES AND STRUCTURES
/-
Section 6.1 Non-Conforming Uses.
6.1.1 A non-conforming use is any use, whether of land or of structure, or both,
which does not comply with the applicable use provisions in This Ordinance
or subsequent amendments, where such use was lawfully in existence prior
to the enactment of This Ordinance or subsequent amendments.
6.1.2 Any non-conforming use of buildings or open land, may be continued
indefinitely, provided that:
6.1.2.l Any such non-conforming use of structure or land may be
enlarged. altered, extended, reconstructed, or restored
(except as provided in Section 6.l.2.5) after the effective
date of This Ordinance to no more than 251 of the area
which was in non-conformance upon the adoption of This Ordinance.
6.1.2.2 Shall not be moved to another location where such use would be
non-conforming.
6.l.2.3 Shall not be changed to another non-conforming use without approval
by the Zoning Hearing Board and then only to a use which, in the
opinion of the Zoning Hearing Board is of the same or of a more re-
stricted nature.
6.1.2.4 Shall not be re-established if such use has been discontinued for
any reason for a period of one year or more, or has been changed to,
or replaced by, a conforming use. Intent to resume a non-conforming
use shall not confer the right to do so.
6.1.2.5 Shall not be restored for other than a conforming use after damage
from any cause, unless the non-conforming use is reinstated within
one year of such damage; If the restoration of such building is not
completed within the said one year period, the non-conforming use
of such building shall be deemed to have been discontinued,
unless such non-conforming use is carried on without interruption
in the undamaged portion of such building.
Section 6.2 Non.Conforming Structures.
6.2.1 A non-conforming structure Is any structure or part of a structure
manifestly not designed to comply with the applicable use provisions
of This Ordinance or subsequent amendment, where sllch structllre lawfully
existed prior to the enactment of This Ordinance or SlIbsequent amendment.
A structure shall be considered non-confO!'l!\lr9 which dots not IMIt tile
District regulations for: lot area, width, or depth; front, sid. or rear
yards; m&limum height; lot coverage; or minimum llvable.floor area
per dwelling unit.
V!-l
ARTICLE VII
ENFORCEMENT
Section 7.1 Duties of ZoninQ Officer.
7.1.1 It shall be the duty of the Zoning Officer, who shall be appointed by the
Borough Council to enforce the provisions of This Ordinance and of all
rules, conditions and requirements adopted or s~~cified pursuant thereto.
7.1.2 The Zoning Officer or his duly authorized aSSistant(s), shall have the right
to enter any building or enter upon any land at any reasonable hour as
necessary in the execution of the'r duties, provided that:
7.l.2.1 The Zoning Officer shall notify the owner and tenant before con-
ducting any inspection.
7.l.2.2 The Zoning Officer or his duly a~thorized assistant(s) shall
display identification signed by the Council upon commencing
an Inspection.
7.l.2.3 Inspections shall be commenced in the presence of the owner or his
representative or tenant.
r-Oj
7.1.3 The Zoning Officer shall maintain files, open to the public, of all appli-
cations for certificates of occupancy and building permit along with plans
submitted therewith as well as final certificates and permits.
7.1.4 The Zoning Officer shall also maintain records, open to the public, of every
complaint of a violation of the provisions of This Ordinance as well as
action taken as a result of such complaints.
7.1.5 The Zoning Officer shall submit to the Borough Council for insertion in
the Council's minutes, a written report summarizing for the month all
building permits and certificates of occupancy issued by him as well as
complaints of violations and action taken as a result of such complaints.
Section 7.2 Building Permits. No building in any District shall be erected, recon-
structed or restored. or structurally altered without a building permit duly Issued
upon application to the Borough, provided, however:fthat no such bu\.1ding permit
shall be required for building restorati~costlngrreSS than $l,SOOJ' No building
permit shall be issued unless tnt propos construction or use is in full conformity
with all the provisions of This Ordinance. Any building permit issued In violation
of the provisions of This Ordinance shall be null and void and of no effect, without
the necessity for any proceedings or revocations of nullification thtreof: and any
work undertaken or use tst&blhhed pursuant to al'l)' Such permit shall be unlewfu1.
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7.2.1 Every application for a building permit shall contain the fo~lowing infor-
mation and be accompanied by the required fee and by a plot plan drawn to
scale and signed by the person responsible for such drawing. If no such
plot plan Is available. a survey is required.
7.2.l.1 The actual shape. dimensions, radii, angles and area of the lot
on which the building is proposed to be erected, or of the lot
in which it is situated if an existing building.
7.2.l.2 The block and lot numbers as they appear on the latest tax
records.
.
7.2.1.3 The exact size and locations on the lot of the proposed building
or buildings or alteration of an existing building and of other
existing buildings on the same lot.
7.2.1.4 The dimensions of all yards In relation to the subject building
and the distances between such building and any other existing
builidngs on the same lot.
7.2.l.5 The existing and intended use of all buildings, existing or
proposed, the use of land the number of dwelling units the building
is designed to accommodate.
7.2.1.6 Such topographic or other information with regard to the building,
the lot or neighborhood lots as may be necessary to determine that
the proposed construction will conform to the proviSions of This
Ordinance.
7.2.2 No building permit shall be issued for the construction or alteration of any
building upon a lot without access to a street or highway.
7.2.3
No buflding permit shall be issued for any building where the Site Plan of
such bundlng is subject to approval by the Coanission. except in conformity
with the plans approved by the said Commission.
No building permit shall be issued for a building to be used for any Con-
dftional Use in any District where such use is allowed only by approval of
the Council unless and until such approval has bltn duly granted by the
Council.
The bundfng permit application and all Supporting doc~tat1on shill be
IIIde In triplicate. On the Issuance of a building petwit, the Borough
shall return one copy of all filed documents to the applicant.
TIlt 8of'Olll" shall. within ten daY' after the flHng of a complete and
properly prepared application. eitller Issue or deny a building ptl"lllt.
If a blindIng pel"lllt Is denied the BOroll9h Shan state In wr1ttng to the
applicant the reasons for such denial.
7.2.4
7.2.5
7.2.6
v' :..2
7.2.7 Every building permit shall expire if the work authorized has not commenced
within 3 months after the date of issuance, or has not been completed with-
in 18 months from such date for construction costing less than $1,000,000
and has not been completed within 36 months from such date for construction
costing in excess of such amount. If no zoning amendments or other codes
or regulations affecting subject property have been enacted in the interim,
the Borough may authorize in writing the extension of either above periods
of an additional six (6) months, following which no further work is to be
undertaken without a new building permit.
7.2.8 As soon as the excavation of a building or of any addition to an existing
building is completed, and before first story framing or wall construction
is begun, there shall be filed with the Borough an accurate survey signed
by the person responsible for said survey, showing the exact location of
such foundation with respect to the street and property lines of the lot.
Section 7.3 Certificate of Occupancy.
7.3.1 The following shall be unlawful until a Certificate of Occupancy shall have
been applied for and issued by the Borough.
7.3.1.1 Occupancy and use of a building erected, reconstructed, restored,
structurally altered, moved, or any change in use of existing
bun di ng.
7.3.1.2 Occupancy, use Jr any change in the use of the land.
7.3.l.3 Any change In the use of non-conforming uses.
7.3.2 No Certificate of Occupancy shall be issued for any Conditional Use of a
building or of land requiring conditional use approval by the Council
or for any land or use requiring Site Plan approval by the Council unless
and until such conditional use or Site Plan approval has been duly granted.
Every certificate of occupancy for whiCh conditional use or Site Plan
approval has been grated or in connectIon with which a variance has been
granted by the Zoning Heatlng Board shall contain a detailed statement of
any condition to which the sa~e is subject.
7.3.3 On a form furnished by the Borough, application for a certificate of occu-
pancy for a new building or for an existing building which has been altered,
shall be made after the erection of such building or part ~~ereof has been
completed In conformity with the provisions of This Ordinance and in the
case of a new building shall be accompanied by an accurate plot plan, or if
not available, by a survey showing the location of all buildings as built.
7.3.4 If the proposed use is in conformity with the proviSions of This Ordinance
and of all other applicable cOdes and ordinances, a certificate of occupancy
for the use of vacant land or for a change of use of I non.conformlng use,
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shall be issued by the Borough within 15 days after receipt of a properly
completed application. If a certificate of occupancy is denied, the
Borough shall state the reasons in writing to the applicant.
7.3.5 In regard to those uses which are subject to Performance Standards Procedure,
the following requirements shall also apply.
7.3.5.l Any nonnal replacement or addition of equipffien. and machinery not
affecting the operations or the degree Gf nature of dangerous and
objectionable elements emitted shall ~ut be considered a change in
use.
7.3.5.2 After occupancy, if there occurs ccntinuous or requent, even
though intermittent, violations of the Performance Standards and
other provisions for a period of 5 days, without bona fide and
immediate corrective work, the Borough shall suspend or revoke
the occupancy permit of the use and the operation shall immediately
cease until it is able to operate in accordance with these regula-
tions, at which time the occupancy permit shall be reinstated.
7.3.5.3 The Borough shall investigate any alleged violation of Perfomance
Standards, and if there are reasonable grounds to believe that a
violation exists, the Borough shal; investigate the alleged vio-
lation, and for such investigation may employ qualified experts.
7.3.5.4 A copy of said findings shall be forwarded to the Borough Council.
The services of any qualified experts employed by the
Borough to advise in establishing a violation shall be paid for
by the violator, if it shall be determined that a violation is
proved, and otherwise by the Borough. No new certificate of
occupancy shall be issued unless such charges have been paid to
the Borough.
7.3.6 A certificate of occupancy shall be deemed to authorize, and is r~~wlred
for. both Initial occupancy and the continuance of occupancy and use of the
building or land to which it applies.
7.3.7 Upon written request by the owner, and upon fee payment, the Borough shall,
after inspection, issue a certificate of occupancy for any building Or use
thereof or of land existing at the time of the adoption of This Ordinance,
certifying such use and whether or not the same and the building confonllS
to the provisions of This Ordinance.
7.3.8 A record of all certificates of occupancy shall be kept by the Borough and
copies shall be fumished on request, to any agency of the Borouih or to
any parsons hiving a proprietary or tenancy Interest in the butldlng or land
affected.
V!I.4
ARTICLE VIlI
ZONING HEARING BOARD
Section 8.1 Creation and Appointment. Pursuant to Article IX of the Pennsy1.ani<
Municipalities Planning Code, the Borough Council does hereby create a Zon,r.]
Hearing Board and appoint three members who shall be residents of the Boroug~
Their terms of office shall be three years and shall be so fixed that the ter ~
office of one member shall expire each year. One member of the Zoning Hearin~
Board may also be a member of the Planning Commission.
Section 8.2 Or anization of Zonin Hearin Board. The Zoning Hearing Board shall
elect from its own me rs lP ltS 0 cers 0 s all serve annual terms as such and
may succeed themselves. For the conduct of any hearing and the taking of any
action, a quorum shall be not less than a majority of all the members of the Zoning
Hearing Board but where two members are disqualified to act in a particular matter,
the remaining member may act for the Board. The Zoning Hearing Board may appcint
a hearing officer from its own membership to conduct any hearing on its behalf and
the parties may waive further action by the Zoning Hearing Board as provided in
Section 8.3. The Zoning Hearing Board may make, alter, and rescind rules and
forms for its procedure, consistent with ordinances of the Borough and laws of the
Commonwealth of Pennsylvania. The Zoning Hearing Board shall keep full public
records of its business and shall submit a report of its activities to the Borough
Council once a year.
Section 8.3 Hearings. The Zoning Hearing Board shall conduct hearings Ind make
decisions in accoraince with the following requirements.
8.3.l Notice. Notice shall be given to the public. the applicant, the County
Planning CommissIon, the zoning officer, and to Iny person who has ~~de
timely request for the same. Notices shall be given at such time .na in
such manner as shall be prescribed by the Zoning Hearing Board.
8.3.2 Conduct of Hearing. The hearings shall be conducted by the Zoning Hearing
Baird or the Zoning Hellring Board may appoint any member as a hearing
officer. Th. decision, or, where no decision Is called for, the findings
Shall be mad. by the Zoning Hearing Board, but the parties may waive
decIsion or findIngs by the Zoning Hearing Board and Accept the decision
or findings of the hearing officer as final.
8.3.2.l Th. parties to the hearing shall be at least one member of the
Borough Council, any person affected by the application who
hIS ilia timely appearance of record before the Board, and any
other person including civic or community orv.niza~ions pennitted
to a ppea r by the loa rd . The Boa I'd s hall hi ve IlOWt r to rtqu i re
that all persons wI'lo wish to be considered parties enter appearances
in writing.
VI! :.1
8.3.2.2 The chairman or acting chairman of the Zoning Hearjn~ Board or the
hearing officer presiding shall have power to administer oath! and
issue subpoenas to compel the attendance of witnesses and the ~-~.
duction of relevant documents and papers, Including witnesses 1\,;
documents requested by the parties.
8.3.2.3 The parties shall have the right to be represented by coul'l~el ard
shall be afforded the opportunity to respond "~C ~~esent E.1d,...t
and argument and cross-examine adverse ..1tl'lesse~ ;" all reie ..
issues.
8.3.2.4 Formal rules of evidence shall not apply, but irrelevant, Imma-
terial, or unduly repetitIOus evidence may be excluded.
8.3.2.5 The Zoning Hearing Board "r the hearing offIcer, as the case may
be, shall keep a stenographIc record, of the proceedings, and a
transcript of the proceedings and caples of graphic or written
material received in evidence shall be made available to any
party at cost.
8.3.2.6 The Zoning Hearing Board of the heGring officer shall not communi-
cate. directly or indirectly, with dny part or his representatives
In connection with any issue invol.td except upon notice and oppor-
tunity for all parties to participate, shall not take notice of any
communication. reports, staff memoranda, or other materials unless
the parties are afforded an opportunity to contest the material so
noticed and shall not inspect the site or its surroundings after
commencement of hearings with any party or his representat've
unless all parties are given an opportunity to be present.
8.3.3 Decision. The Zoning Hearing Board or the hearing officer, as the case may
be. shall render a written decision or, when no decision Is called for. make
written findings on the application within forty-five days after the 'ast
hearing before the Board or hearing officer. Each decision shal~
accompanied by findings of fact and conclusions based thereon together ~ith
the reasons therefore Conclusions based on any provisions of this act vr of
any ordinance, rule or regulatIon shall contain a reference to the prc.ision
relied on and the reasons why the c(ncluslon is deemed appropriate in the
light of the facts found. If the hearing is conducted by a hearing officer.
and there has been no stipulation that his decision or findings are final,
the Zoning Hearing Board shall make its report and recommendations available
to the parties and the parties shall be entitled to make written representations
thereon to the Zoning Hearing Board prior to final decision or entry of
findings, and the Board's decision shall be entered no later than 45 days
after the decision of the hearing officer. Where the Zoning He.rlng Sorrd has
power to render a decision and the Zoning Hearing Board or the hearing officer,
as the case may be. fails to render the same within the period required by
this subStction. the decision shall be deemed to have been rendered In favor
of the applicant unless the applicant has .greed In writing to an extension of
time. Nothin9 In t~'s subsection sh.ll prejlidfce the rigM of any ~arty
OPPOsing the application to urge that slieh decIsion is erroneous,
,
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8.3.3.1 A copy of the final decision or, where no decision is called fer,
of the findings shall be delivered to the applicant personally or
mailed to him not later than the day following its date. To all
other persons who have filed their name and address with t~e
Zoning Hearing Board not later than the last day of the hearing,
the Zoning Hearing Board shall provide by mail or otherwise, brief
notice of the decision or findings and a statement of the place
at which the full decision or findings may be e~o~'ned.
Section 8.4 Zoning Hearing Board's Functions.
8.4.1 A eals from the Zonin Officer. The Zoning Hearing Board shall hear and
ec e appea s were t lS a eged by the appellant that the zoning offier
has failed to follow prescribed procedures or has misinterpreted or mis-
applied any provision of This Ordinance or any valid rule or regulation
governing the action of the zoning officer. Nothing contained herein shall
construed to deny to the appellant the right to proceed directly in court,
where appropriate, pursuant to Pa. R.C.P., Sections 1091 to 1098 relating
to mandamus.
8.4.2 Challen e to the Validit of This Ordinance or Ma. The Zoning Hearing
oar s a ear c a enges to t e va ldlty C lS Ordinance or Hap,
pursuant to the provisions of the Pennsyl.ania Municipal Planning Code
(Act 247, 1968) as amended. In all such challenges, the Zoning Hearing
Board shall take evidence and make a record thereon as provided in
Section 8.3. At the conclusion of the hearing, the Board shall decide all
contested questions of interpretation and shall make findings on all
relevant issues of fact which shall become part of the record on appeal to
the court.
8.4.3 Variances. The Zoning Hearing Board shall hear requests for variances where
it is alleged that the proviSions of the zoning ordinance inflict urnecessary
hardship upon the applicant. The Zoning Hearing Board may grant 0 .criance
provided the following findings are made where relevant in a given case:
8.4.3.1 That there are unique physical circumstances or conditions, Includ-
ing irregularity, narrowness, or shallowness of lot size of shape,
or exceptional topographical or other physical conditions peculiar
to the particular property, and that the unnecessary hardship is
due to such conditions, and not the circumstances or conditions
generally created by the provisions of the zoning ordinance in the
neighborhood or district in which the property is located.
8.4.3.2 That because of such physical circumstances or conditions, the
property can not be reasonably developed in strict conformity
with the provisions of the zoning ordinance and that the
authorization of a variance Is therefore necessary to enabl,
the reasonable use of the property.
8.4.3.3 That such unnecessary lIal"dsh1p has not befl1 created by the
appellant.
., . 3
8.4.4
8.4.5
8.4.6
8.4.3.4 That the variance, if authorized, will not alter the essential
character of the neighborhood or district in which the property
is located, nor substantially or permanently impair the
appropriate use or development of adjacent property, nor be
determental to the public welfare.
8.4.3.5 That the variance, if authorized, will represent the minimum
variance that will afford relief and will represent the l~ast
modification possible of the regulation in issue.
8.4.3.6 In granting any variance, the Zoning Hearing Board may attach
such reasonable conditions and safeguards as it may deem necessary
to implement the purposes of this act and the zoning ordinance.
Special Exceptions. Where the Borough in this zoning ordinance, has stated
special exceptions to be granted or denied by the Zoning Hearing Board pur-
suant to express standards and criteria, the Zoning Hearing Board shall hear
and decide requests for such special exceptions in accordance with such
standards and criteria. In granting a special exception, the Zoning Hearing
Board may attach such reasonable conditions and safeguards, in addition to
those expressed in the ordinance, as it may deem necessary to implement the
purposes of this zoning ordinance.
Parties Appellant Before Zoning Hearing Board. Appeals under Section B.4.1
and proceeaings to challenge This Ordinance under Section 8.4.2 may be
filed with the Zoning Hearing Board in writing by the landowner affected or
any officer or agency of the Borough, or any person aggrieved. Requests
for a variance under Section B.4.3 and for special exception under Section
8.4.4 may be filed with the Zoning Hearing Board by any landowner or any
tenant with the permission of such landowner.
Unified Appeals. Where the Zoning Hearing Board has juriSdiction over a
zoning matter pursuant to this section, the Zoning Hearing Board shall also
hear all appeals which an applicant may elect to bring before It with
respect to any Borough ordinance or requirement pertaining to the Slme
development plan or develo~ent. In any such case, the Zoning Hearing
Board shall have no power to pass upon the non-zoning Issues, but shall
take evidence and make a record thereon as provided in Section 8.3. At
the conclusion of the heairng. the Zoning Hearing Board shall make findings
on all relevant issues of fact which shall become part of the record on
appeal to the court.
Section B.S Time Limitations. The time limitations for raising certain issues and
filing certain proceedIngs with the Zoning Hearing Board shall be the following:
8.S.l No person shall be allowed to file any proceeding with the Zoning Hearing
Board later than thirty days after any application for dev,lopment. pre-
liminary or final, has bltn approved by an appropriate Borough officer,
a9,ncy or body if such proCftdlng Is d,signed to secure reversal or to
limit such person alleges and proves that he had no notice, knowledge, or
reason to believe that such approval had ~n given. If such person has
succeeded to his interest after Such approval he Shall bf bound by the
~itr-4
ARTI CLE I X
PLANNING COMMISSION
Section 9.1 Compliance. Nothing in This Ordinance shall relieve the owner ~r ~j,
agent, the developer. or the applicant for either a Conditional Use Permit ~r a
Site Development Plan approval from receiving a Subdivision Plan ~pproval 1n acc~r-
dance with the Township Subdivision Ordinance.
Section 9.2 Conditional Uses.
9.2.l Ob ectives. On application, and after a public hearing and recommendation by
t e omm sSion, the Council may authorize the issuance of building permits
for any of the conditional uses for which This Ordinance requires, in the
District in which such use is proposed to be located. In approving any such
use, the Council shall take into consideration the public health, safety,
and welfare, the comfort and convenience of the public in general and of the
residents of the immediate neighborhood in particular, and may prescribe
appropriate conditions and safeguards as may be required in order that the
result of its action may, to the maximum extent possible, further the expressed
intent of This Ordinance and the accomplishment of the following objectives
in particular.
9.2.l.l That all proposed structures, equipment, or material shall be
readily accessible for fire and pOlice protection.
9.2.l.2 That the proposed use shall be of such location, size and character
that, in general, it will be in harmony with the appropriate and
orderly development of the District in which It is proposed to be
situated and will not be detrimental to the orderly development of
adjacent properties in accordance with the zoning classification
of such properties.
9.2.1.3 That. in addition to the above, in the case of any use located in,
~. or directly adjacent to, a Residential District.
(1) The location and size of such use, the nature and intensity
of operations involved in or conducted in connection there-
with. its site layout and its relation to access streets shall
be such that both pedestrian and vehicular traffic to and from
the use and the assembly of persons In cOMection therewith
will not be hazardous Or inconvenient to, or incongruous with,
saId Residential District or conflict with the normal traffic
of the neighbOrhood.
(2) The locatIon and height of buildings, the location, nature
and height of walls and fences, and the nature and .xtent of
landscaping on the site shall be such that the use will not
hinder or diSCOurage the appropriate development and use of
adjacent land and buildings.
I)-I
. 9.2.2 Application. Each application for a conditional use shall te accompanied
by a proposed Site Development Plan in accordance with Sect10n 9.3.4.
9.2.3 Referral to the County Plannin].Commission. Should any conditional use
approval involve any of the art,~ specified in Article X, Section 10 1.3.1,
(1) through (5), then the Secret~'y of the Commission shall transmit to the
Secretary of the County Planning ~omml~s'~n a ccPy of said applicar on,
together with a copy of the notice of the hearIng at ,eas, tp.n (10) days
prior to said hearing by the CommiSSIon The C\.nty PlannIng Comm'SSj~n
shall report to the Commission in writIng its a~Jisory opini,n, flndin;t,
and recommendations on said appllcat'on Wl,01n thirty (30) days. Failure of
the County Planning Commission to report to t~e Commission within the pre-
scribed time periOd shall constitute a fa>o,.o1e opinion on said application
by the County Planning Commission
.9.2.4 Public Hearing. The Borough CommiSSIon shall not recommend upon any applica-
tion for a conditional use approval without first holding a public hearing,
notice of which hearing and of the substance of the application shall be
given by publication in a newspaper at lea~t 10 days before the date of such
hearing. and notice of said hearing may be posted by certified mail, at
least 5 days before the hearing, to the fo110wing: All owners of property
which lies adjacent to that owned by the app1lcant in the immediate area.
All other owners as the Commission may deem ,dvisable.
9.2.4.1 The names of said owners shall be taken as they appear on the last
completed tax roll of the Borough.
9.2.4.2 Provided that due notice shall have been published as above provided
and that there shall have been substantial compliance with the
remaining provisions of the paragraph, the failure to give notice
in exact conformance herewith shall not be deemed to invalidate
action taken by the Commission in connection with the approval of
any conditional use.
.9.2.5 Commission Action. The Commission shall, within thirty (30) days of the
date of the publiC hearing on the appliction for conditional use approval,
take final action to recommend to the Council approval, disapproval, or
modification for said conditional use and shall so notify the applicant In
wrIting.
9.2.6 Conditions and Safeguards. The Council may require the conditional use
permits be periodically renewed. Such renewal shall be granted following
due public notice and hearing and may be withheld only upon a determination
by the Councll to the effect that such conditions IS may hIVe been pre-
scribed by the Council in conjunction with the Issuance of the original
permIt have not been. or are being no longer, complied with. In such
cases a period of 60 days shall be granted the applicant for full c~
pllantt prior to the revocation of said permit.
~ l: ~ -:
9.2.7
Effect of Conditional Use AP~roval. Any use for which a conditional use
permit may be granted shall e deemed to be a conforming use in the District
in which such use is located provided that such permit shall be deemed :0
affect only the lot or portion thereof for which such permit shall haVE )een
granted.
,
Section 9.3~ A nt Plans. In all cases where This Drd;nar'~
requires approva 0 te eve opment ans y the Conrnission, no building p~ . 't
shall be issued except upon authorization of and in conformity with the plan,
approved by the Commission.
9.3.1 Db ectives. In considering and acting upon Site Development Plans the Corn-
m SSlon s all take into consideration the public health, safety and welfare,
the comfort and convenience of the public in general and of the residents of
the immediate neighborhood in particular, and may prescribe appropriate
conditions and safeguards as may be required in order that the result of its
action may. to the maximum extent possible, further the expressed intent of
This Ordinance and the accomplishment of the following Objectives in par-
ticular.
.
"
9.3.l.1 Traffic Access. That all proposed traffic access and ways are
adequate but not excessive in number; adequate in width, grade,
alignment and viSibility; not located too near street corners or
other places of public assembly; and other similar safety con-
siderations.
9.3.1.2 Circulation and Parking. That adequate off-street parking and
loading spaces are provided to prevent parking in public stree:s
of vehicles of any persons connected with or visiting the use and
that the interior circulation system is adequate to provide safe
accessi~ility to all required off-street parking lots.
9.3.l.3 landscaping and Screening. That all playground, parking 1no service
areas are reasonably screened at all seasons of the year from the
view of adjacent residential lots and streets and that the general
landscaping of the site is in character with that generally pre-
vailing in the neighborhood. Existing trees over 8" In diameter
measured 4 1/2 feet above the average ground level shall be retained
to the maximum extent possible.
i.3.l.4 Illumination. That lighting from the installation of outdoor flood
or spot lighting and Illuminated signs will be properly Shielded so
that such lighting will not adversely affect any abutting property
or public street.
!:At P~edure.
9.3.2.1 Pre.submlsslon Conference. Prior to the submissIon of a Site
Developnent Plan, the applicant Shall meet In person with the
.....,....,-
IX-)
~
9.3.2.2
9.3.2.3
9.3.2.4
9.3.2.5
Commission. The purpose of such conference shall be to discuss
proposed uses or development in order to determine which of the
Site Development Plan elements listed in Section 9.3.4 shall be
submitted to the Commission in order for said Commission to de-
termine conformity with the provisions and intent of This Ord~r-
ance.
Submission to Commission. Within 3 months. following the pre- I
submission confernce, the She Oevelopment Plan and any relat."
information shall be submitted to the Commission in four copiL;
at least 30 days prior to the Commission meeting at which approval
is requested. If not submitted within this 3 month period, another
pre-submission compliance shall be required.
Referral to the Count Plannin and Zonin Commission. Should any
lte eve opment an invo ve any 0 t e areas speCl ied in Article
X, Section 10.1.3.l, (1) through (5), then the Secretary of the
Commission shall transmit to the Secretary of t~e County Planning
Commission a copy of said Site Plan together with a copy of any
related information at least twenty (20) days prior to the Commis-
sion meeting at which approval is requested. The County Planning
Commission Shall report to the Commission in writing its advisory
opinion, findings, and recommendations on said Site Plan within
thirty (30) days. Failure of the County Planning Commission to
report to the Commission within the prescribed time period shall
constitute a favorable opinion on said Site Plan by the County
Planning Commission.
CommiSSion Review. In reviewing the application, the Commission
may secure the advice or assistance of one or more expert con-
sultants as qualified to advise as to whether a proposed use will
conform to the requirements of This Ordinance. The assistance of
a consultant, if sought, must be obtained within 20 days of the
receipt of the application by the Commission. Such consultant
shall report within 30 days after receipt of such request from
the Commission whether or not the use applied for will be operated
in conformance with the performance standards, and if not, what
modification in design or operation would be necessary for con-
formance. A copy of the report of such consultant(s) shall be
furnished to the Commission and applicant.
CClllRission Action. The Commission shall act to approve, modify
and approve, or disapprove any Such Site Development Plan within
60 days after the meeting at which approval is requested. Fail-
ure to act within 60 days shall be deemed approval. Commission
dIsapproval shall Include written findings upon anl SIte Develop-
.nt Plan .llllent found contrary to the provisions or intent of
This Ordinance.
1X.4
9.3.2.6 Conditions and Safeg~a,d..
(l) Amendments to a Site Development Plan sna'l be acted upo~ ",
the same manner ,s the approval of the or,glnal plan
(2) The Convnission n,c, .I.!qui,e :r,ot Site Plan appro"al bf .,r'.
cally reviewed.
9.3.3 Effect of Site Development Plan ~pprO.ol
9.3.3.1 No building ~ennlt shp'l be Issuec '.' 'j stl~:lu(e c01e.t:'d Ji
this Sect'on wntll an <~~'o"ed SltP De,~ :p~ert Plan 0' a~~'?4j
amendment c~ any sllch p on has beer of, .j tj -he applicant :'cri
the COI1l1lIsS Ion.
9.3.3.2 No certificate of occupancy wl11 be ;ss~ed f~( an! st'"tture or use
of land covered by thiS Sett:on unles~ ~~e ,t. ,~tll'e IS completed
or the land is developed or used 'n a,,=rcance with an approved
Site De~elopment Plan or approved amendment of any such Pian.
9.3.4 Site Development Plan Elements. The applic;n. snci I cause a Site Deveiop-
ment Plan map to be prepared by a Civil er.7 nee" su,.eyor, ~and planner,
architect. or other competent person, S't!' .'he'lopment Plan elements shal~
include those listed below whIch are apprJ~rlate to the proposed develop-
ment or use as indicated by the Convnisslon In the pre-submiSSIon conference,
9.3.4.l
.
.
Legal Data." "
DEl {) .
(l) Lot, block, and seetion number o' t~e property taken "O~
the latest tax records.
(2) Name and address of the owner of 'ec~'d
(3) Name and address of person, fIrm, or organIzatIOn ~ :~orlng
llIIp.
(4) Date. north point, ana written and graphIc scale.
(5) Sufficient description or information to define precisely
the boundaries of the property. All distances shall be in
feet and hundredths of a foot. All angles shall be given
to the nearest lO seconds or closer. The error of closure
shill not IxCttd one in five thousand.
(6) The locatIons. n...s. and existing wIdths of adjacent streets
and curb 11nts.
.
(1) The locations and owners of all adjoining lands as shewn on
the latest tax records.
, .
,.
(8) Location, width, and pu~pose of all existing and proposed
easements, SEt-backs, reservatIons, and areas dedicated to
publIc wse withIn or adJoinIng the prope~ty,
(9) A complete outl.~e of existing deed restrictions or covenants
applyIng to the prJperty.
(10) ExIsting zonIng.
9.3.4.2 Natural Features.
"
~ --.,
(l) Existing contours with intervals of five (5) feet or less,
referred to a datum satisfacto~y to the Commission.
(2) Approximate boundaries of any a~eas subject to flooding or
storm water overflows.
(3) Location of existing watercourses, marshes, wooded areas,
rock outcrops, isolated trees with a diameter of eight inches
or more, measured 4 1/2 feet above the average ground level,
and other significant existing features.
(4) Soil percolation test results uS required by the Commission.
(5) Detailed soIl survey map as required by the Commission.
9.3.4.3 Existing Structures and UtIlities On and Within 200 feet of the Site.
(1) Location of uses and outlines of structures drawn to ~cale.
(2) Paved areas, sidewalks, and vehicular access.
"
(3) Locations, dimensions, grades. and flow direction of exist-
ing sewers, culverts, water lines as well a~ other ul~er-
ground and above-ground utilities within and adjacent to
the property.
(4) Other existing development, including fences, landscaping.
and screening.
9.3.4.4 ProPOsed Development.
(1) The location of proposed buildings Or structural illlprove-
ments.
(2) The location and design of all uses not requiring structures,
SUCh as off-street parkin; and loading areas.
(l) The location, dlre<tlOl1, power alldtlme of Ilse for any pro-
pes~ :~tdoo~ )'ght'"g or pu~'" address systems.
".......".
ti.~
., (4) The location and plans for any outdoor signs.
" (5) The location and arrangement of proposed means of access
and egress, including sidewalks. driveways, or other paved
areas. Profiles indicating grading and cross-sections
showing width of roadway, location and width of sidewalks,
and location and size of water and sewer lines.
(6) Any proposed grading, screening, cnd ,ther landscaping
including types and locations of proposed street trees.
(7) The location of all proposed water lines, valves and hydrants,
and of all sewer lines and manholes or alternate means of
water supply and distribution and sewage disposal and treat-
ment.
(8) An outline of any proposed deed restrictions or covenants.
(9) Any contemplated public improvements on or adjoining the
property.
(10) If the Site Development Plan only indicates a first stage,
a supplementary plan shall indicate ultimate development.
{:' 9.3.4.5 Any other information deemed by the Commission necessary to
determine conformity of the Site Plan with the intent and regu-
lations of This Ordinance.
1l.7
ARTI CLE X
AMENDMENTS
/
Section 10.1 Amendments. This Ordinance or any part thereof, may be amended,
supplemented or repealed. from time to time, by the Borough Council on their
own motion or upon recommendation by the Commission. At least 30 days prior t.o
public hearing, every such proposed amendment shall be referred by the Borourh
Council to the Commission for a report. The Borough Council shall not
take action on any such amendment without such report from the Commission unless
the Commission fails for any reason to render such report within thirty (30) days
after its next regularly scheduled meeting following the date of such referral.
10.1.1 Report of the Commission. In making such report on a proposed amendment,
the Commission shall make inquiry and determination concerning the items
specified below:
lO.l.l.l Concerning a proposed amendment to or change in text of This
Ordinance:
(1) Whether such change is consistent with the aims and prIn-
ciples embodied in This Ordinance as to the particular
Districts concerned.
(2) Which areas, land uses. buildings. and establishments in the
Borough will be directly affected by such change and in
what way they will be affected.
(3) The indirect implications of such change in its effect on
other regulations.
(4) Whether such proposed amendment is consistent with the aims
of the Comprehensive Plan of the Borough.
IO.l.l.2 Concerning a proposed amendment involving a change in the Zoning
Map:
(1) Whether the uses permitted by the proposed change would be
appropriate in the area concerned.
(2) Whether adequate public school facilities and other public
services exist or can be treated to Slrve the needs of any
additional residtnces likely to be constructed IS a result
of such change.
(3) Whether the proposed change is in accord with any existIng
or proposed plans in the vicInity.
..1
10.1.2
c.
10.1.3
,
....,
(4) The effect of the proposed amendment upon the growth of the
Borough as envisaged by the Comprehensive Plan.
(5) Whether the proposed amendment is likely to result in an
increase or decrease in the total zoned residential capacity
of the Borough and the probable effect thereof.
Referral to County Planning Commission. Should any proposed amendment
consist of or include any of the following conditions. the Council
shall at least 30 days prior to the public hearing, refer the proposec
amendment to the County Planning Commission.
ID.l.2.1 Any change in the district classification of, or the regulations
applying to, real property lying within a distance of 500 feet
from:
(1) The boundary of any borough, city, township, or county.
(2) The boundary of any State or National lands or other public
recreation areas.
(3) The right-of-way of any State or Federal parkway, thruway,
freeway. expressway, or other controlled access highway,
or any State legislative routes.
(4) The right-of-way of any stream or drainage channel owned
by a public agency or for which said agency or the County
has established channel lines.
(5) The boundary of any Township, County. State or Federal
owned land on which a pUblic building or institution is
located.
lO.l.2.2 The County Planning Commission shall report to the Co_rc'l
in writing Its advisory opinion on said amendment within 30
days. Failure of the County Planning Commission to report to
the Council within the prescribed time period shall con-
stitute a favorable opinion on said amendment by the County.
Referral to Other Agencies. Should any proposed amendment consist of or
include either of the two following conditions, the Council shall transmit
to the designated office or official, a copy of the offirlal notice
of the public hearing not later than 20 days prior to the date of hearing.
lO.l.3.l Any change in the boundaries of any district, which change would
occur within a distance of 500 feet of the boundary of any
borough. city. township. or county, or any boundary of a Stite
Or Federal lands or other sillll1ar publlc recreation area; or any
Federal highway or Stite legislative route.
1.2
10.1.4
10.1.5
lO.I.6
10.l.3.2 Any change in the regulations prescribed for any district, any
portion of which is located within 500 feet of the boundaries
listed in Section 10.l.3.l.
10.l.3.3 The designated official for boroughs, cities, townships, or
counties shall be the clerk of the municipality. In the case of
State and Federal lands and highways, the designated office
shall be the appropriate State or Federal agency.
Council's Public Hearing. By resolution adopted at a meeting of the
Borough Council, the Borough Council shall fix the time and place of a
public hearing on the proposed amendment and cause notice thereof to be
given by a publication in a newspaper of general circulation in the Borough
at least l5 days prior to said hearing. All notices of public hearing
shall specify the nature of any proposed amendment. the land or District
affected. and the date when, and the place where, the public hearing will
be held.
Council's Action. The Borough Council shall act to approve or disapprove
said amendment within forty-five days after the date of said public
bearing.
Protest. In case of a protest against any amendment signed by the owners
of at least twenty percent (201) of the land area of the parcel of land
proposed to be changed. or signed by the owners of at least twenty
percent (201) of the total abutting linear periphery of the parcel of land
proposed to be changed. wherein the frontage on the opposite side of water
courses, streets, and railroads shall be considered as abutting. such
amendment shall not become effective except by the favorable vote of a
majori ty of the Borough Counci 1.
x.]
ARTICLE XI
DEFt N IT! ONS
Section ll.l Unless otherwise expressly stated, the following terms shall, for the
purpose of This Ordinance, have the meaning indicated:
ll.l.l Words in the singular include the plural and those in the plural include
the singular.
11.1.2 Words used in the present tense include the future tense.
11.1.3 The words "person" and "owner" include a corporation, unincorporated
association and a partnership, or other legal entity, as well as an
individual.
11.1.4 The term "occupied" Or "used" as applied to any building shall be construed
as though followed by the words "or intended, arranged, or designed to be
occupied or used".
ll.l.5 The word -building" includes structure and shall be construed as if
followed by the phrase "or part thereof".
~""
ll.1.6 The word "lot" includes the word "plot".
ll.l.7 The word 'watercourse" includes channel, creek, ditch, dry run, spring,
stream and river.
11.1.8 The words "should" and "may" are permissive the words "shall" and "will"
are mandatory and directive.
ll.1.9 The word Derect" shall mean to build, construct, alter, repair, display,
relocated, attach, hang, place, suspend. affix or maintain any structure or
building and shall also include the painting of exterior wall signs.
Section 11.2 Other terms of words used herein shall be interpreted or defined as
follows:
Accessory- A building or use clearly incidental or subordinate to, and customary
in connection with, and located on the same lot with the principal building or use.
Advertisement - The outdoor display of any writing. printing, picture, painting.
emblem, drawing, sign or similar device intended to invite or draw the attention
of the public to any goods, merchandise, property, business, service, entertainment,
amusement or industrial activity or establishment.
Advertising Structure. Any rigid or semi-rigid material with or without advertise-
ment dlspliyed tfl.reon situated upon or attached to or wIIlch Is part of real prop-
erty for the pUlj)Ost of furnishing a backgrOUl\d. base surface or support upon which
4n advertisement may be posted or displayed outdoors.
~ 1.1
Alley - See Street
Animal Husbandry - The raising and keeping of livestock and pc~'try, with the intent
of producing capital gain. or profit or with the Intent of se1i Ing any livestock or
poultry products. The keeping of livEstock or poultry as farm pets, or for domestic
_ p~rposes pursuant to the regulations of ThIs Ordinance shall net be construed as
animal husbandry.
Back-up - An advertising structure erected upon the 9 wwr.c ,n t.re rear of an, .l~e..
structure, at a distance of not more than 25 feet. wh'r.h conto'lT\S with the gfl'eral
lines and measurements of the other structure
Basement - A story in a building, the structural ceIling ie,e' of which is four feet
or more above the average level of finished 3rade where s~ch g'aae abuts that
exterior wall of such building which fronts on any street, and the floor level of
which is below finished grade at any paint on the periphery of the building.
Block - An area bounded by three (3) or more streets.
Boarding or Lodging House - A private dwelling in whiCh at least t~o but not more
than six rooms are offered for rent, payable in mC1ey or other consideration,
whether or not table board is furnished to lodgers, and In which no transients are
accommodated and no public restaurant is mainta'ned
Buffer Stri~ - A strip of land at least ten feet in w,dth which may be a part of the
minimum setback distance, free of any principal or accessory building or required
improvement other than screening.
Building - Any combination of materials forming any construction, except ~nere en-
tirely underground, so as to permit the use of the ground abo,e same as if no build-
ing was present; the tenn "building" shall include the term "structure" as well as
the following:
1. SIgns.
2. Fences.
3. Walls, other than retaining walls projecting above the ground not more
than 3 feet at the higher ground level and not more than 6 1/2 feet at
the lower ground level.
4. Radio and television receiving and transmitting towers, except for such
antennae installed on the roof of a "building" and extending not more than
20 feet above the highest level of the roof of such "building".
5. Porches, outdoor bins and other similar "structures..
Buildi!!!! Area - The horizontel area measured around the outside of the foundiltlon
walls plus the floors of roofed porches and roofed terraces. and Including tile area
of accessory buildings if any. In the case of split.level dwellings, the "first
floor area" shall be deemed to include floor "liS on two non.overl&Plllng levels,
separated by a hilt story, Or less. or htight
, ... =".. ~f - Tile tp.-r "h1)nt" or "fau" cf f !-u1ldl"g s"all mean the outer
i~rf'ce of a building, wh'ch is visible f~ '''I pr,,'te or ~blic street or highway.
Y' -
- ;(
- -
~~i~d~n~ Hei~~ - The vertical distance measured from the average elevation of the
n s e gra e at the front of the building to the highest point of the roof for
flat and mansard roofs. and to the mean height between eave and ridge for other types
of roofs.
Building, Principal - A building in which is conducted the main or principal use of
the lot on which said building is located.
Building Setback Line - The line within a property defining the minimum requi,ed
distance between the principal building to be erected, and an adjacent st~eet
ri ght-of-way.
Business - Any enterprise, occupation, trade or profession engaged in. either con-
tinuously or temporarily, for profit. The term "business" shall include the occu-
pancy or use of a building or premises or any portion thereof for the transaction of
business or the rendering or receiving of professional or personal service.
Camping Trailer - A canvas. folding structure, mounted on wheels and designed for
travel. recreation and vacation use.
Cartway (Roadwayt - The portion of a street right-of-way intended for vehicular use.
Cellar - Any space in a building the structural ceiling level of which Is less than
four feet above the average finished grade where such grade abuts that exterior wall
of such building which fronts on any street. A cellar shall not be considered In
determining the permissible number of stories.
Clear Sight Triangle - An area of unobstructed vision at street intersections defined
by lints of sight between pOints at a given distance from the intersection of the
street center line.
Cluster Development - A tract of land and/or buildings planned as a whole for de.
velopment of single-family dwelling unit. Said development shall permit a reduction
of the lot size whIle at the same time maintaining the overall density r~~uirements
applIcable to the district In which said land is situated and conforming to all
other applicable requirements.
Canmercial Camo - A business offering dormitories, cottages, cabin Dr similar non-
permanent accommodations, eating facilities, sanitary facilities and recreational
and/or educational facilities to the publIc at large Dr any segment of the public
on other than a transient basis. This definition dots not Include "Trailer tamp".
eo..e~fal Resorts - A business combining lodgfng, eating and recreational facili-
ties as a single enterprise and offered to the public.
CClIIIIhsion . The Borough Planning COllIIlIssion.
C~sh. Plan - A cClqIrtlltnshe plan prepared by the Iorougft PlaMlng
COllIIlission IlVnuant to "rticle III of the Pennsylvania Municipalities Pllnning Code
loIhich Indicates the gtlllral location~ rtcOllllllftded for the various fuftCtional classes
XI.)
of public works, places and structu;e. and for the generol phy~;', ~e.elupment of
the Borough, and includes any unit or part of such plan sepa-ate'J .dopted and any
amendment to such plan or part thereof
Council - The Borough Council of New~,'
County - The County of Cumberland, COrlvl'oor,..u :, :' :enrsi" ,~'a
Court, Inner - An open space enclosed on all s1des bJ - ,"cr ".- ,J. uf a t'\. ding.
Court. Outer - An open space enclosed ~n three slde~ by exterior walls of a building.
Court. Outer. Depth of - The lInear aver~ge dlmens.c~ ~e-.s~'ed 'rom the unenclosed
slde of the court to the farthest wall therecf
Court, Outer. Width of - The linear dl~enSl~n ~f the unen,l"~ed s:de of the court.
Crop Farming - The raising and keeping of ':e1d, truck, Gnd tree crops. For the
purposes of This Ordinance the term "Crop Farm'n;" does nct include animal husbandry.
Crosswalk Interior Walk - A publicly or prl~ate'j o~ned right-of-way for pedest-
r an use extend ng rom a street into a block o. ' rCSS a block to another street
or to a public recreation area.
Curb Level - The established elevation of the st.eet grade at the point that is
opposite the center of the wall nearest to and tac:ng the street line.
Dedication - The deliberate approprlat10n of land by lts owner tor any general and
public, or limited public, use, reserving to himself no ether rights than such as
are compatible with the full exercise and enjoyment of t~e publiC uses to which the
property has been devoted.
Developer. The owner of a subdi~islon. or his authorlzed agent
Dwelling, One-Family - A detached building contaIning one dwelling unit only.
Dwelling. Multiple - A bUIlding or pert'cn thereof c~tainlng three or more dwel-
ling unlts.
Dwelling. Row or Attached. A one-family dwelling wlth two common or party walls
separatIng it from adjacent units en both sides
Dwelling. Two-FamIly. A detached buIlding containing two dwelling units only.
o..lllng, Senl.Ottachtd - A one.family dwelling with one wall in common with an
ia3acent dwelling.
Dwelling Unit. A strvcture or entirely self.contalned portion thereof designed to
be occupitO for living quarttrs IS a single houstke~fn9 unit, including any domes-
,'. se,-,-:, t~lo1fd 0" ~. premises I~d ha.lr~ nc ,~;lo'ed SPICt (otn.r than ves-
tibules. entrance or other ~llwaJs cr ;roches) O' :oOkin9 or s,~itary fa,llltles
in ,~ .Ith .ft1 ct~, .~111"9 unit" ~ trl.e1 t"ll". . bOI'di~g or rooming
")..t, ",n.,:uc,"t "lOl':'t, fr,Urf'lt1 O' Ic.Cr.ty "_~e. 'I;a1, '!"". lod9,n9. nurs.
,,'.. or Ct!'lf' "",it.. ".;I'\f, 0" ot'". S' '., it...:. t' P'111 !":t be d~ to
,onstlt"tt . """1111"..: ,,- ,
, I
......
Easement - The authorization by a property owner or authorized agency of a right-of-
way granted, but not dedicated, for limited use of private land for a public or
quasi-public purpose; and within which the owner of the property shall not erect any
permanent structures, but shall have the right to make any other use of the land
which is not inconsistent with the rights of the grantee.
Endorsement - The application of a public agency or body's review stamp ard the
signature of the Chariman or official of said public agency o~ bcdy.
~ami~Y . One or more persons occupying a dwelling unit as a single non-profit .'cuse-
eep ng unit. More than five persons. exclusive of domestic servants, not related
by blood. marriage or adoption, shall not be considered to constitute a family.
Floor Area - The sum of the gross horizontal areas of the several floors of the
building or buildings on a lot measured from the exterior faces of exterior walls or
from the center line of party walls separating two buildings, excluding cellar and
basement areas used only for storage and the operation and maintenance of the
building.
Floor Area, Livable - All spaces within the exterior walls of a dwelling unit ex-
clusive of garages, breezeways, unheated porches, cellars, heater rooms, and base-
ments having a window area of less than 101 of the square foot area of the room.
Livable floor area shall include all spaces not otherwise excluded above such as:
principal rooms, utility rooms, bathrooms. all closets and hallways opening directly
into any rooms within the dwelling unit and all attic space having a clear height of
six feet from finished floor level to pitch of roof rafter with a clear height of
seven feet six inches from finished floor level to ceiling level over 501 of the
area of such attic space.
Floor Area Ratio - The floor area in square feet of all buildings on a lot divided
by the area of such lot in square feet.
Garage. Private - An accessory garage maintained primarily for the convenience of
the occupant or occupants of the main building and in which no business or other
use Is carried on and no service is rendered to the general public.
Garay~ Public - Any garage other than a private garage. A Public Garage may Include
serv c ng. repairs. waShing or reconditioning of motor vehicles. and filling station
facilities.
Klbltable Room . A "living room" within a dwelling unit, except that for the purpose
of determining lot area requirements. a habitable room shall not Include any of the
following:
1. A kitchen.
2. Foyers, bathrooms, toilets, public or privlte halls, corridors or passage-
ways.
3. Dining alcoves. dinettes or other dining Spaces (without llalt IS to size)
\IIhen not separated by Wills. doors fl"Cllll oth,r habitabl, rOOIIS. or cooking
Spaces.
~~s I gu'de. In efficiency apa~tmlnt contains I habitable roos, a l.bedrooa apart-
...nt. 2 "ab'tlble rooms, a Z-btdroam IPI,tl'lll/lt. ) habitable rooms; and a ).bedroom
.;.rt~nt, j ~bltab" r~ 1
,. '"
,.....
Highway - See Street.
Homes Asscciation - An incorporated non-profit organization operating under recorded
land agreements through which (a) each lot and/or home owner in a cluster develop-
ment or other described land area is automatically a member, (b) each lot is auto-
matically subject to a charge for a proportionate share of the expenses fo~ the
organization's activities, such as maintaining a common property, and (c) :he cha~ge
if unpaid becomes a lien against the property.
Home Occupation - An occupation conducted in a dwelling unit or an accessory ,tructure,
provided that:
1. Not more than two persons other than members of the family residing on the
premises shall be engaged In such occupation.
2. The use of the dwelling unit for the home occupation shall be clearly
incidental and subordinate to its use for residential purposes by its
occupants, and not more than 30 percent of the ground floor area of the
dwelling unit shall be used In the condu~t of the home occupation.
3. There shall be no change in the outside appearance of the building or
premises, or other visible evidence of the conduct of such home
occupation other than one prOfessional or announcement sign pursuant to
the provisions of Section 5.7.
4. No traffic shall be generated by such home occupation in greater volumes
than would normally be expected in a residential neighborhood, and any need
for parking generated by the conduct of such home occupation shall be met
off the street and other than in a required front yard.
5. No equipment or process shall be used in such home occupation which creates
noise, vibration, glare, fumes, odors, or electrical interference detectable
to the normal senses off the premises. In the case of electrl:a' ~nter-
ference, no equipment or process shall be used which creates visual or
audible interference in any radio or television receivers off the premises,
or causes fluctuations in line voltage off the premises.
Home, Sectional - A dwelling unit manufactured in two or more sections designed for
permanent occupancy, and transported to a building site in sections which are
fastened together and mounted on a permanent foundation ready for occupancy except
for minor and incidental unpacking and assembly operations. When fully assembled
such unit shall have a minimum body width of twenty (20) feet and a minimum lenght
of 45 feet exclusive of such accessory structures as patios, carport, storage shed,
etc.
Hospital - A building used for the diagnosis, treatment, or other care of human
ailments. Unless otherwise specified a hospital shall be deemed to include a sani-
tarlwn, sanitorium, clinic, convalescent home, nursing home, rest home, or other
building wtth an equivlIlent appetlat'on.
~ - A building or pa.t thereof which has a common tnt.ance, common heating
slstem, and general dining r~, and wh'Ch contaIns si. (6) or more living and
~lttplng r~ des'q~'d to be cC:wpied by indi_idU.ts or qroups of Individuals for
compensat1o".
\' .(
House Trailer - See Mobile Home.
JunK - Any d1scarded material or article including. but not limited to, scrap metal,
scrapped, abandoned or junKed motor vehIcles, machinery, equipment, paper, glass,
containers, and structures. It shall not include, however, refuse or garbage kept
In a proper container for the purpose of prompt disposal.
Junkyard - Any place where any junk as defined above is stored. disposed of. or
accumulated.
Land Development - (i) The improvement of one lot or two or more contiguous
lots, tracts or parcels of land for any purpose involving (a) a group of
two or more buildings, or (b) the division or allocation of land or space
between or among two or more existing or prospective occupants by means
of, or for the purpose of streets, common areas, leaseholds, condominiums,
building groups or other features; (ii) A subdivision of land.
Landowner. The legal or beneficial owner or owners of land including the
holder of an option or contract to purchase (whether or not such option or
contract is subject to any condition), a lessee if he is authorized under the
lease to exercise the rights of the landowner, or other person having a pro-
prietary interest in land, shall be deemed to be a landowner for the purpose of
this act.
Lot - Any parcel of land, regardless of size, Intended as a unit of ownership,
transfer of ownership, use, rent, improvement, or development.
Lot Area - The area contained within the property lines of a lot (as shown on the
~xcludlng space within all streets and within all permanent drainage
easements, but including the areas of all other easements.
Lot, Corner - A lot at the junction of and abutting on two or more intersecting
streets where the interior angle of Intersection does not exceed 135 degrees. A
lot abutting a curved street shall be deemed a corner lot if the tangents to the
curve at the points of Intersection of the side lot lines with the street lines
Intersect at an interior angle of less than 135 degrees.
Lot Coverage - The percentage of the "Lot area" that is occupied by the "building
area' .
Lot. InterIor - Any lot other than a corner lot.
Lot. ThrouQtl . A lot extending between and linIng frontage on two generally
parallel streets.
Lot Depth. The "lot depth" is the aVlrage horizontal distance between the front
Tot lint and the rear lot line.
Lot Width. The "lot width" is the a..rag' lIorlzontal distance between the side
'., . .t..~~ 1'Qn9 tn. building sethlck line and parallel to tht front lot
1 ille
:":.Ll ill' - My bol/!ldH)' of . I ~t
~l.;'
Lot Line, Front - The "front lot line" shall be that boundary of a lot which is
along an existing or proposed street rIght-of-way. Corner lots and through lots
shall have two (2) front lot lines.
Lot Line, Rear - The lot line generaily opposite to the front lot line; if the rear
lot line is less than lO feet in length, or if the lot comes to a point in the rear,
the rear lot line shall be deemed to be a llne parallel to the front lot line ~ot
less than 10 feet long lying farthest from the front lot line.
Lot Line, Side - A "side lot line" shall be any boundary of a lot which is not a
front or a rear lot line.
Manufacturing - Any process whereby the natu'e, size, or Shape of articles or raw
materials are changed. or where articles are assembled or packaged.
Main Floor - The largest area found by the projection of a horizontal plane through
the livable floor area which is enclosed by the exterior walls of the building.
Membership Club and Camp - Buildings for lodging, eating, and sanitary facilities,
and lands owned. leased, or used principally by a private, fraternal, or social
organization for such activities as hunting, fishing, scouting, etc.
Motel - A building, or group of buildings, whether detached or in connected units,
usea-as individual sleeping or dwelling units with direct outside access, designed
primarily for transient automobile travelers, and provided with accessory off-street
parking facilities. The term Motel includes buildings designed as tourist courts,
motor lodges, auto courts, and other similar appellations, but shall not be con-
strued to include mobile homes or travel trailers.
Motor Home - A portable, temporary dwelling to be used for travel, recreation and
vacation, constructed as an integral part of a self-propelled vehicle.
Municipality - Includes cities, boroughs, first class townships and second class
townshlps.
Natural Area - Any area along the one side of a rural highway where the distance
between two commercial structures, establishments or uses is one measured mile or
more, or any area of historic or scenic value so designated by an appropriate
indication upon the official zoning map which is a part of This Ordinance.
Official Map - The map established by the Township Board of Supervisors under
Article IV of the Pennsylvania Municipalities Planning Code shoving the location
and width of strtet, hlg~ys, parkways, public parks. and playgrounds.
PlIrking Area - A lot or part thereof used for the storage or parking of IOtor
vehicles, with or without the pa)'llltnt of rent or charges in money or other con-
s iderat1on.
Parking Spice - A staff or berth which is arranged and Intended for parking of on.
Il'IOtor v..,fcl. In a garage or pjrttng area.
.'-
XI.B
Permanent Occupancy - Spending one night or more per month in a lodaing or dwelling
unit during more tnan four (4) consecutive months.
Pick-up Coach - A structure deslgned to be mounted on a truck ~hassls for use as a
temporary dwelling for travel, recreation and vacation,
Planned Development - A tract of land ur,de- $'ng1e ownerShIp C' agreement. plarned
and developed as a permanent, year-round dewelopment unIt, ,..,. .jog a rehonable
degree of flexibility in the placement, bulk, and lote- '~lat;cr,;t. 0 of builtl'''gs
and uses, while at the same tl~e maintaining adequ~te (Jerall 'ntensity of 1."0 use,
density of population, and amount$ of 11ght, air, a~,e:s. and open space.
Professional Office - The oft1(e at a me~ber of a recognized profession. When con-
ducted In a residential district, a prOfessional offlce shall be incidental to the
residential occupation, shall be conducteo b~ a member of the residential family
entirely within the resldentlal building, and shall include only the offices of
doctors or physicians, dentist, optometrists, ffilnisters, architects, landscape
architects, profeSSional engineers, lawyers, artists, authors, musicians and such
other professional occupations which may be so designated. The practice of such
occupation shall in no way adwersely affect the safe and comfortable enjoyment of
property rIghts in any District to a greater exter.t than for the professional act-
Ivities listed herein. The issuance of a state or local license for regulation of
any gainful occupation need not be deemed Indicati.e of professional standing.
Refuse Site - A lot or land or part thereof used primarily for disposal by abandon-
ment, dumping, sanitary landfill, burial, burning, incineration or any other means
for whatever purpose, of garbage, offal, sewage, trash, refuse, junk. discarded
machinery, vehicles or parts thereof, or waste material of any kind.
R~erved~trIP - A parcel of ground in separate ownership separating a street from
o er a acent properties. or from another street.
Review. Wherever in this State the Township Planning Commission or other Township
official bod~ possesses such juriSdiction, the action of "Review" s~all !'SC include
"Review-and Approval., or, If necessary, "Review-and Disapproval".
Right-of-WlY - The total width of any land reserved or dedicated as a street, alley,
crosswalk or for other public or semi-public purposes.
Roadwiy . Travtlwly. See Cartway.
SKretary - Secretary of the Township Planning Commission.
~ge DlsPGslll System, On-Site - Any structure designed to blochtllliCillly treat
s~ry sewage W1thln the boundaries of an individual lot.
~fWage DiSpOSal Syst.., Centralized. A public or private utility systea designed to
cOllect, ciiitrally treat, and dispose of stWIge from customers, In CCllllpltance with
PennsYlvania Otpartlent of [nviro~tal Resou~ces regulations or regulatIons of the
b\)f'O\.9'1. wtlithtver :'.3;' ~. r,:-e std1'\gent.
1:.9
Service Station - Buildings and premises where gasoline, oil, grea)e, batteries,
tires, and automobile accessories may be supplied and dispense, Qt retail. Uses
permissible at a service station do not include major mechanical and body work,
straightening of body parts, painting, welding, storage of automobiles not in operat-
ing condition, or other work involving noise, glare, fumes, smoke, or other charac-
teristics to an extent greater than normally found in filling stations. A service
station is not a repair garage nor a body shop.
s~gn - Any material, structure or device, or part thert~t, composed of lettered or
p ctorial matter Is placed when used or located out of doors or outside or on the
exterior of any building, including window display area, for display of an advertise-
ment, announcement, notice, directional matter or name, and includes sign frames,
billboards, sign boards, painted wall signs, hanging signs, illuminated signs, pen-
nants, fluttering devices, string of lights, projecting signs or ground signs, and
shall also include an announcement, declaration, demonstration, display, Illustration
or insignia used to advertise or promote the interests of any person or business when
the same is placed in view of the general public.
However, the following "signs" shall be excluded from the application of This
Ordinance:
l. Signs not exceeding one square foot in ap~a and bearing only property
n~ers, post box numbers, names of occuptnts of premises, or other
identification of premises not having commercial connotations.
2. Flags and insignias of any government or governmental agency, or of any
political, educational, charitable, philanthropic, civic, professional,
religious or like campaign, drive, movement or event~ except when
displayed in connection with commercial promotion.
3. Legal notices, identification, informational, or directional signs
erected or required by governmental bodies.
4. Integral decorative or architectural features of buildings, elcept
letters, trademarks, moving parts, or moving lights.
5. Signs directing and guiding traffic and parking on any property, but
bearing no advert'slng matter.
6. Signs which are solely devoted to prohibiting trespassing, hunting,
or fishing.
Sign Area - Shall include all faces of a Sign measured as follows:
l. When such sign is on a plate or frlllled or outlined. all of the area
of such plate or the area enclOSed by such frame or outline shall
be included.
Z. When such sign consists only of letters. designs or figu~s engraved,
painted, projected or In any mann.r affixed en a wal', the total area
of such sign shall be deemed the area with'" which all of the matter
of which such sign co"slsts may be enscribed.
IT.IO
3. Structural members and supports required by BUl;olng Code. and not
bearing advertising matter shall be exc1uded frc~ the sIgn area.
Sign, Conrnerc1al Advertising or "Bil:board"- An ad~ertlSlng sign, structure
or symbol erected and maintained by ar.-rmalvldual O' corporation engaged in
the sale or rental for profit of space thereon " a ciientele of manufactur1ng,
service or commercial enterprises upon which s~. " the-e '! "...'layed by'!ans
of painting, posting or other method, advertising cc.py des,. :. 'wide var':ety
of products or services which are not necessarily madE:, _' '~".eJ, ossemb'ed,
stored or sold from the lot or premises upon whic" th~ ~~.e.tl~~mp.nt is dis-
played.
Sign, Olrectional - An advertising sIgn or de~ice inteoofO t. dIrect or point
toward a place. or, one that points out the way to eIther an unfamiliar or a
known place that obviously could not be eds11y located witro~t such a sign or
device.
Sign, Illuminated - Any sign illuminated by electricity, gas or other artificial
light including reflective or phosphorescent light An 1:luminated sign shall
include lighting devices such as any light, str1r~ of lIghts, or group of lights
located or arranged so as to cast ill~lnation en i sIgn
Signs Number of - For the purpose of determining rJmber of signs, a sign shall be
cOnsi~ered to be a single display surface or display device containing elements or-
ganized, related and composed to form a unit. Where matter is displayed in a random
) manner without organized relationship of elements, or where there is reasonable
'. doubt about the relationship of elements, each element shall be considered to be
a single sign.
Sign, Official - Any sign, symbol or device erected and maintained by a State,
County, or municipal governmental agency for the purpose of informing or guiding
the publIc or for the protection and promotion of health, safety, convenience
or general welfare.
Sign, Premise or Point of Sale - Any sIgn, symbol, trademark, structure or similar
device used to identify the produce made or the activity pursued by an individual,
busIness, service, commercial or industrial enterprise which is displayed upon the
lot or premiSes occupied by such an enterprise for the purpose of apprising the
public of the location of such enterprise and the type of activity In which It is
engaged.
Sign. Projecting. Any sign which projects from the exterior of any building.
Soil Percolation Test - A field test conducted to determine the suitability of
the soil for on-site sanitary sewage disposal facilities by measuring the absorptive
capactty of the soil at a given location and depth.
~ . ~t part of any buildIng, exclusl.. of cellars but Inclusive of b4s...nts,
~sed between the It..l of one finished floc" and tile level of the nut hlgtltr
po "~'~ 'loc', or, if ~"t'e be II') hlqf1.r flnls~1 "~?r. tllf'l that part of the
tlulldlng comprtstd beMeIl the level of tl\e !l1gt1lSt 'H"Shed floor and tilt top of
V tile I'QOf btll!lS.
~ . . : \
Soil Survey - A scientific survey of soil conditions and characteristics, prepared
by an engineer or soil scientist and approved or certified by the Soil Conservation
Service in the County.
Story, Half - Any space partially WILr.'n the roof framing. between the top of the
floor beams and the structural ceilins ,e.el, where the clear height of not more
than 50% of such space is 7 feet 6 inches or more,
Street - A strip of land, including the entire right.of'~ay (i,e., not limited to
the cartway) intended for use by the public as a means of vehicular and pedestrian
circulation to provide access to abutting property. The word "Street" includes
thoroughfare, avenue, boulevard, court, expressway, highway, land, road and alley.
Street Line - The dividing ljne between a lot and a street.
Structure - See Building.
Structural Alteration - Any change in the supporting members of a building, such
as beams. columns, or girders.
'.
Subdivision - Refer to the Borough Subdivision Ordinance.
~ - A collapSible shelter of canvas or other material.
Tourist Home - A dwelling in which overnight accommodations are provided or offered
for transient guests for compensation.
Trailer Ca!!!! - Any lot, parcel, or tract of land upon which two or more tents,
camping trailers. travel trailers, pick-up coaches, motor homes or any combination
thereof are located or parked for occupancy. Such camp shall not rent or sell
tents or trailers or permit the parking or storage of occupied or unoccupied mobile
home, nor shall it include any eating facilities other than an enclOSed snack or
lunch counter. This definition does not include camps of the types that are com-
monly known IS "Summer Camps", or State or Federally operated facilities.
Travelway - See Cartway.
Travel Trailer - A vehicular, portable structure built on a chassis, designed as a
temporary dwellIng for travel, recreation and vacation, having body width not
exceeding 8 feet and body length not exceeding 32 feet.
W,abl, Open Space - An unenclosed portion of the ground of a lot which is not de-
voted toiGriveways or parking spaces, which is free of structures of any kind, of
which not more than 25'1 is roofed for shelter purposes only, the mfnilllUlll dflllension
of whIch is 40 feet, and which is available and accessible to all occupants of the
buildIng Or buildings on the safd lot for purposes of active or passive outdoor
recreatIon.
Use, Accessory - A use customarfly incidental and slIbordinate to the main uSt on
· lot wnether such -accessory use" be condllcttd in a principal or accessory
bufldlng.
~-
, ~ 1,
..., --.....
.'.
ARTICLE XII
APPEALS
Section 12.l Zoning Appeals. The proceedings set forth in this article shall
constitute the exclusive mode for securing reveiw of this Ordinance, or decision,
determinations or orders issued by the Borough Council, its ogtr(ies or officers
pursuant to this Ordinance.
Section 12.2 Venue. Appeals to a court shall be taken to the court of common
pleas of Cumberland County.
Section 12.3 Validit of Ordinance' Procedural estions. Questions of an
alleged defect n t process 0 enactment or a opt on 0 This Ordinance and map
shall be raised by an appeal taken directly from the action of the Borough
Council to the court filed not later than thirty days from the effective date
of This Ordi~ance and map.
\,..;
Section 12.4 Validity of Ordinance; Substantive Questions; Landowner Appeals.
l2.4.l A landowner who, on substantive grounds, desires to challenge the validity
of This Ordinance or map of any provision thereof which prohibits or
restricts the use or development of land in which he has an interest
shall submit the challenge either:
l2.4.l.l To the Zoning Hearing Board for a report thereon.
l2.4.l.2 To the Borough Council together with a request for a
curative amendment.
.....,1
12.4.2 The submissions referred to in Section 12,4.1 shall be govered by the
fo 11 owi ng:
l2.4.2.l The landowner shall make a written request to the Zoning Hearing
Board or Borouch Council that It hold a hearing on his challenge.
The request shall contain a shOrt statement reasonably infOrMing
the Zoning Hearing Board or the Borough Council of the matters
that are in issue and the grounds for the challenge.
The request may be submitted at any time after this Ordinance
and map takes effect but if an application for a permit or
approval is denied thtrtundtr, the request shan be made not
later than the time provided for appeal from tht denial thereof.
In SllCh cast, If the landowner elects to make tht request to
the aorOllgh Council and the request is timely, the time within
which ht Ny Seel review of the denial of the permit or approval
on othtr issues shall not begin to run until Ule reqlltst to the
!orough Council Is fInally dispQ1td of
12.4.2.2
x'!.1
.
12.4.2.3 The request shall be accompanied by plans and other materials
describing the use or development proposed by the landowner
in lieu of the use or development permitted by This Ordinance
and map. Such plans and other material shall not be required
to meet the standards prescribed for site plan approval or for
the issuance of a permit so long as they provide reasonable
notice of the proposes use or development and a suffic~ent
basis for evaluating the ordinance and map in t~e light trer~nf.
Nothing contained herein shall preclude the landowner from first
seeking a final permit or approval before submitting his
challenge to the Zoning Hearing Soard or Borough Council.
12.4.2.4 If the submission is made to the Borough Council under
Section 12.4.1.2, the request shall be accompanied by an
amendment or amendments to the Ordinance proposed by the
landowner to cure the alleged defects therein.
12.4.2.5 Notice of the hearing shall Include notice that the validity
of the Ordinance or map is in question and shall give the
place where and the times when a copy of the landowner's
request, including the plans submitted and the proposed
amendments, if any, may be examined by the public.
12.4.2.6 The Borough Councilor the Zoning Hearing Board, as the
case may be. shall hold a hearing upon the landowner's request
commencing not later than sixty days after the request is
filed unless the landowner requests or consents to an extension
of time.
12.4.3 After submitting his challenge to the Zoning Hearing Board or Borough
Council, the landowner may appeal to court by filing same within thirty
days (i) after notice of the report of the Zoning Hearing Board is
issued, or (ii) after the Borough Council has denied the landowner's
request for a curative amendment.
Failure to appeal the denial of a request for a curative amendment shall
not preclude the landowner from thereafter presenting the same validity
questions by commencing a proceeding as provided in Section 12.4.l.l of
this Article.
For purposes of Section l2.4.3 (II). the landowner's request for a
curatIve amendment Is denied when (i) the Borough Council notifies the
landowner that it will not adopt tbe amendment, or (ii) the Borough
CouncIl adopts another amendment which Is unacceptable to the lllndowner,
or (ili) the Borough Council fails to act on the landowner's request, in
which event the denial is deemed to have occurred on the Thirtieth Day
after the close of the last hearing on the request unless the time is
extended by mutual consent between the landowner and the Borough.
l2.4.4
lll.2
Section 12.5 Validit of Ordinance' Substantive uestions; A eals b Persons
Aggrieved. Persons aggr eve y a use or eve opment perm tted on t e an 0
another by This Ordinance and map or any provision thereof, who desire to challenge
its validity on substantive grounds shall first submit their challenge to the
Zoning Hearing Board for a report thereon.
The submission to the Zoning Hearing Board shall be governed by the following:
12.5.1 The aggrieved person shall submit a written request to the Zoning
Hearing Board that it hold a hearing on the challenge. The request
shall contain a short statement reasonably informing the Zoning
Hearing Board of the matters that are in issue and the grounds for the
cha 11 enge.
12.5.2 The request shall be submitted within the time limitation. In order not
to unreasonably delay the time when a landowner may secure assurance that
This Ordinance and map under which he proposes to build is free from
challenge, and recognizing that the procedure for approval of his
development may be too cumbersome or may be unavailable, the landowner
may advance the date from which time for any challenge to ThIs Ordinance
and map will run by the following procedure: (i) The landowner may
submit plans and other materials describing his proposed use or develop-
ment to the Zoning Officer for a preliminary opinion as to their compliance
with the applicable Ordinances and maps. Such plans and other materials
shall not be required to meet the standards prescribed for Site Plan
approval or for the the issuance of a proposed use or development and a
sufficient basis for a preliminary opinion as to its compliance. (il) If
the Zoning Officer's prelimianry opinion is that the use or development
complies with the Ordinance or map, notice thereof shall be published
once each week for two successive weeks in a newspaper of general cir-
culation in the municipalty. Such notice shall include a general des-
cription of the proposed use or development and its location, by some
readily identifiable directive, and the place and times where the plans
and other materials may be examined by the public. The favorable
preliminary opinion of the Zoning Officer shall be deemed to be a pre-
liminary approval and the time therein specified for commencing a pro-
ceeding with the Zoning Hearing Board shall run from the time when the
second notice thereof has been published.
The Zoning Hearing Board shall hold a hearing upon the aggrieved person's
request. commencing not later than silty days after the request is filed.
If a Hearing has been held by the Borough Council covering the same
IlIUers. at which a stenographic record has been taken. the Zoning
Hearing Board shall upon motion of any party accept said record as the
record in the cue before the Zoning Hearing Board but the Zoning Hearing
Board shall not be precluded from taking additional evidence, unless such
evidence ought to be e.cluded.
\.
12.5.3
--
After submitting his challenge to the Zoning Hearing Board, any party
aggrieved may take the same to court by appeal filed not later than
thirty days .fter notice of the report of tile Zoning Hearing Board is
Isswed.
)::-3
newvllo.pet
FRANK C. EGGER, I IN THE COURT OF COMMON PLEAS OF
Appellant I CUMBERLAND COUNTY, PENNSYLVANIA
.
.
v I NO. 96-4949 CIVIL TERM
I
NEWVILLE ZONING HEARING BOARD, I
Appellee I
'"UIOH ,.OR Y.UVl!: TO IIITBRVZIIB
AND NOW, comes the Petitioner, Borough of Newville, by and through
its attorneys, Broujos, Gilroy " Houston, P.C., who avers as
follows:
1
The Petitioner is the Borough of Newville, a municipality
incorporated pursuant to the laws of the Commonwealth of
Pennsylvania, with offices at 4 West Street, Newville, Cumberland
County, Pennsylvania.
2
On September 6, 1996, the above-captioned Appellant filed a Notice
of Appeal frOllt a decision of the Newville Zoning Bearing Board, the
above-captioned Appallee, dated Auguat 8, 1996.
3
Pursuant to 53 P.S. 11004-A, the Petitioner aay have intervened as
of course if it had filed a Notice of Intervention within thirty
(30) days following the filing of the afore..ntioned appeal.
4
With no Notice of Intervention having been filed within the thirty
(30) day period following the filing of the afor...ntioned appeal,
the Petitioner must seek intervention pursuant to the Pennsylvania
Rules of Civil Procedure.
5
The matter for which the underlying appeal pertains to revolves
around a dusk to dawn light situated upon the Appellant's property
and the illumination from this light fixture.
6
Appellant has advised the Petitioner that on November 19, 1996 PP'L
will attempt to install a shield satisfactory to the Appellant and
the Borough of Newville.
1
If ehielding of the light is acceptable to the partiee, it is
anticipated that a Court-approved eettlement may be requested.
B
The Borough of Newville and the Appellant are the interested
partiee with capacity eettle the matter.
9
Couneel for Appellant, Dale F. Shughart, Jr., Eequire, and couneel
for Appellee, Sally J. Winder, Eequire, concur in having the
Petitioner intervene in the appeal, ae reflected in the attached
Certificatee of Concurrence.
FRANK C. EGGER, I IN THE COURT OF COMMON PLEAS OF
Appellant I CUMBERLAND COUNTY, PENNSYLVANIA
.
.
v I NO. 96-4949 CIVIL TERM
I
NEWVILLE ZONING BEARING BOARD, I
Appellee .
.
CBR'l'IPICAH or CORCUU-".
I, Dale F. Shughart, Jr., Esquire, as attorney for Frank C. Bgger,
the Appellant, do hereby concur with the Petition for Intervention
submitted on behalf of the Borough of Newville.
Date I /1/7/16
w
Dale F. S ughart Jr.,
Attorney for Appellant
Fowler, Addaaa, Shughart Rundle
28 South Pitt Street
Carlisle, PA 17013
717-249-8300
Appellant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
96-4949 CIVIL TERM
FRANK C. EGGER,
VB. :
NEWVILLE ZONING HEARING BOARD, ZONING APPEAL
Appellee
vs.
BOROUGH OF NEWVILLE,
Intervenor
STIPULATION OF SETTLEMENT
THIS STIPULATION OF AGREEMENT, made this 3/s?Tday of
December. 1996 by and among Appellant Frank C. Egger, by his
attorney. Dale F. Shughart, Jr.. Esquire. Newville Borough Zoning
Hearing Board. by its attorney. Sally J. Winder. Esquire. and The
Borough of Newville. by its attorney, Christopher C. Houston.
Esquire,
WITNESSETH:
WHEREAS. Appellant, Frank C. Egger, filed an Appeal from a
Decision of the Newville Zoning Hearing Board dated August 8,
1996 to the above term and number; and
WHEREAS, the Borough of Newville has been granted leave to
intervene and has intervened as a party in the above captioned
proceedings; and
WHEREAS, the parties in interest herein. Frank C. Egger,
Appellant and the Borough of Newville, Intervenor, have reached a
settlement of the underlying issues in this case, subject to
court approval; and
WHEREAS, the parties have authorized their counsel to sign
the following Stipulation of Settlement to reaolve the matter,
bubject to court approval.
NOW, THEREFORE, the parties hereto, by their respective
attorneys, and intending to be legally bound hereby, do covenant
and agree as follows:
1. The August 8, 1996 Decision of the Newville Zoning
Hearing Board shall be deemed null and void and shall be replaced
by the following agreements of the parties which upon court
approval shall become a binding court decision in regard to the
matters in issue.
2. The dusk to dawn light pole and fixtures currently
maintained for the Egger Funeral Home at 15 West Big Spring
Avenue, Newville, PA owned by Pennsylvania Power & Light Company
(PP&L) are a valid non-conforming structure under the Newville
Zoning Ordinance. The light pole and fixtures in question were
installed at a height of 25 1/2 feet in 1971 prior to the
adoption of the Zoning Ordinance (which requires such light
fixtures to be a maximum height of 16 feet).
3. Subject to Paragraph 4 hereof, to the extent
illumination and/or glare produced by the 100 watt high pressure
sodium dusk to dawn light installed in the fixtures at the Egger
Funeral Home parking lot, as aforesaid, may exceed that allowable
under the ZOning Ordinance, such use is a valid non-conforming
use established in 1971 prior to the adoption of the Zoning
Ordinance.
4. The one-h.lf of a standard PP&L shield (approximately
6" x 12") installed on the globe of the light fixture by PP&L on
Tuesday, November 19. 1996 is a reasonable means of reducing the
amount of illumination/glare which reaches the adjoining premises
of Robert Hershey without adversely affecting the illumination
reasonably necessary for the parking lot to provide for the
safety and security of patrons of the Egger Funeral Home using
the parking lot during houn of darkness. The si&e and placement
of the shield was agreed to by Egger. Hershey and the Borough,
all of which were present at the time of installation by PP'L.
-;2-
Except as hereinafter provided, the shield shall remain in place
permanently.
5. At anytime in the future when PP&L recommends or
requires replacing the light, the pole, or other fixtures, a
shield of the same size shall be reinstalled, and, if necessary,
repositioned to continue an equivalent, or if possible, a greater
reduction, of light intruding onto the Hershey property without
reducing the current illumination in the Egger parking lot. On
any future occasion when any such change is recommended or
required by PP&L, any such modification and/or upgrade shall be
allowable if in accordance Pennsylvania law regarding non-
conforming uses. Any such proposed changes shall be submitted to
the Newville Borough Codes Enforcement Officer for review and
approval prior to installation. At the time of installation of
any replacement shield representatives of Egger, Hershey and the
Borough of Newville shall be present and agree upon repositioning
of the shield.
6. The Agreement by Egger to allow a shield to be placed on
the light fixture and to remain in place permanently (and/or be
replaced in accordance with Paragraph 5 hereof) does not
constitute a finding that the current illumination and/or glare
from the parking lot light exceeds the limitations of the
Newville Borough Zoning Ordinance. The shield reduces the amount
of light reaching the Hershey property, without impairing safety
or security in the Egger parking lot. was placed on the light
voluntarily with the cooperation of all concerned parties in the
interest of good neighborly relations. and was agreed to by all
the concerned parties, that being Egger. Hershey and the Borough.
7. This Agreement shall be binding on the parties hereto
upon approval by the Court of Common Pleas of CUmberland County
and entry of an Order of Court substantially in the form attached
hereto. Should the Court refuse to approve this Agreement, it
shall be void and of no legal effect.
.1.
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