It is the intent of this section to assure that the public health, safety and welfare is not impaired by the neglected maintenance of the buildings and property. It is further intended to assure that site improvements required by a municipal agency are properly maintained and operable. It shall be the Administrative Officer's responsibility to enforce this section where property conditions pose a hazard to the public or where a property owner fails to maintain a required site improvement. It shall be the responsibility of every property owner, tenant, developer and applicant to maintain in a safe and orderly condition all buildings and land in the borough which they own, use, occupy or have maintenance responsibility for in accordance with the following regulations:
A. Maintenance of all land uses within the borough shall include, but is not limited to, the following(1) Potholes and other pavement failures within paved parking areas shall be repaired on a regular basis, but in no event shall potholes or pavement failures be left unrepaired for a period in excess of thirty (30) days. If such potholes or pavement failures are hazardous to vehicles, they shall be appropriately barricaded and marked to warn motorists.
(2) Paint striping, traffic control signs and markings and all other signs and graphics shall be maintained in a condition whereby they can be clearly seen and are legible.
(3) Curbing, other pavement edging and sidewalks shall be maintained free of cracks and holes which would present a hazard to pedestrians.
(4) Unpaved or gravel parking and pedestrian areas shall be maintained and regularly regraded in a manner which will keep the area free of holes and other severe grade changes which would be hazardous to vehicular and pedestrian usage.
(5) All areas of the site shall be kept free of debris and other materials. All users of shopping carts or similar items shall provide for the regular pickup of such shopping carts or similar items from parking areas and other portions of the site at least once every hour during their business hours. All shopping carts or similar items shall either be stored indoors or in a location adjacent to the building specifically set aside for such storage during nonbusiness hours.
(6) All plantings and ground cover shall be regularly watered and cut. All dead plant materials shall be removed or replaced (if such plantings are required under this Article, they shall be replaced only). All lawn or other nonpaved areas shall be kept trimmed and free from weeds and other noxious growth.
(7) Building finishes shall be maintained reasonably free of peeling or cracked paint, rust or other unsightly conditions.
(8) All refuse stored outdoors shall be kept within containers having lids, in a manner that the refuse is not visible to pedestrians or persons within vehicles on or off the site. Such containers shall be stored only within side or rear yard areas and shall not be located to interfere with vehicular or pedestrian circulation.
(9) All outdoor lighting shall be maintained in a working condition.
B. All land areas for which development (site plan or subdivision) approval is granted subsequent to the adoption of this chapter or for which site plan or subdivision approval was previously granted under regulations heretofore in effect shall be required to maintain all structures and improvements shown on the approved site plan or subdivision plan in a safe and orderly condition. In addition to the maintenance responsibilities specified in Subsection A above, additional maintenance responsibilities shall include, but are not limited to, the following
(1) All ground cover and plantings within screening and landscaping areas shown on an approved site plan or subdivision shall be regularly maintained. When plant material shown on an approved site plan or subdivision dies, it shall be replaced within the first thirty (30) days of the next planting season.
(2) Where a site plan specifies an outdoor refuse storage area, refuse shall only be stored outdoors in such areas. Refuse containers located elsewhere on the site shall not be permitted.
C. Failure of the responsible property owner, tenant, developer and/or applicant to maintain property in accordance with the provisions of this section shall be in violation of this chapter and subject to the penalties prescribed in § 94-3.9 of this chapter. [Amended 12-13-1993 by Ord. No. 670]
The keeping of horses, sheep, cattle or other animals, except domesticated cats or dogs, is prohibited except within a lot containing two (2) acres or more and except within an enclosure within at least fifty (50) feet from each lot line. The keeping of pigs and/or goats on any land in the borough is prohibited.
All proposed applications for development in any Historic District or on lands which contain a historic building, place or structure, established within the borough, shall be referred to the Planning Board for certificate of appropriateness consideration prior to action on the application by the municipal agency. Proposed developments within any Historic District or which contain a designated historic building, place or structure in the borough should be designed to accomplish the following goals and objectives:
A. The existing character and appearance of the Historic District shall be preserved.
B. Wherever feasible, existing structures should be restored in lieu of new construction.
C. All proposed developments should be compatible and consistent with existing development and the concept of the Historic District in relation to the following:
(1) Architectural design.
(2) Color scheme of buildings.
(3) Size, type, color and design of signs.
(5) Walls and fences.
D. Visual compatibility factors. Visual compatibility factors will be applied to Historic District structures.
[Added 4-9-1990 by Ord. No. 606]
The installation of accessory radio and television antennas shall conform to the use and bulk requirements of this chapter. Such antennas shall also be controlled by the following additional limitations:
A. The location of such antennas shall be restricted as follows:
(1) Such structures shall not be located within any required front, side or rear yard areas applicable to principal structures.
(2) Antenna structures may only be located to the rear of any principal structure.
(3) Antenna structures shall be set back a distance equal to the total height of the antenna structure from any lot line, electric power line, street or parking area.
(4) Antenna structures shall be set back a distance equal to one-half (1/2) the total height of the antenna structure from any front, rear or side setback line, other structures or any buffer.
(5) All satellite dish installations which are to be screened by plant material shall be situated at a location which will not, in the future, require relocation as a result of obstruction of the antenna's reception window by permitted development on adjoining properties.
B. Such antennas shall be further restricted as follows:
(1) Antenna structures shall not be utilized to support lights other than those required for aircraft warning in accordance with Federal Aviation Administration regulations or other required safety purposes.
(2) Antenna structures shall not be utilized to support signs, logos or other graphics.
(3) All wiring or connecting cables leading to or from the antenna structure shall be buried underground.
C. All transmitting antennas shall be further restricted as follows:
(1) All commercial radio and television transmission facilities, including AM, FM and television broadcast stations, public safety radio services, cellular radio/telephone service, microwave or other forms of electromagnetic transmission, shall be subject to the performance standards of this chapter for radiation and electromagnetic interference.
(2) All transmitting antennas or towers shall be enclosed by a chain link fence not less than six (6) feet in height. This chain link fence shall be in addition to screening requirements.
(3) Any accessory building for housing equipment for the operation of a commercial antenna or tower shall not be greater than one (1) story, shall not exceed a building height of twelve (12) feet and shall not exceed one hundred fifty (150) square feet.
