BOROUGH OF CLARKS SUMMIT  NO.4of2016 AN ORDINANCE  AN ORDINANCE OF THE BOROUGH OF CLARKS SUMMITTO AMEND THE BOROUGH OF CLARKS SUMMIT ZONING ORDINANCE OF. JANUARY 30, 2002  (ORDINANCE 2002-01)TO  ITEMI 1 ITEM2 ITEM3  AMEND $701.6-N NOISE STANDARDS AMEND $503.2-FENCES AND WALLS  AMEND SOAIA-UNATTACHED ACCESSORY STRUCTURES  BE ITI HEREBY ORDAINED AND ENACTED by the Borough Council ofthe Borough of Clarks Summit, Lackawanna County, Pennsylvania, by the authority ofa and pursuant to the provisions of Act ofJuly 31, 1968, P.L. 805, NO.247 ofthe General Assembly ofthe Commonwealth ofl Pennsylvania, as reenacted and amended, known and cited as the Pennsylvania Municipalities Planning Code; that the Borough ofClarks Summit Zoning Ordinance of. January 30, 2002 (Ordinance 2002-01) as amended, is hereby amended as follows:  ITEM1- ADD AND AMEND THE FOLLOWING:  701.6 Noise  The maximum sound pressure level radiated by any use or facility at any lot line shall not exceed the values in the designated octave bands listed in Table 1, or a single summative value of51 dBa, after applying the corrections shown in Table 2. The sound pressure level shall be measured with a Sound Level Meter and associated Octave Band Analyzer conforming to standards prescribed by the American Standards Association, Inc., as designated by Borough A. Maximum Levels - Maximum permissible sound pressure levels at the lot line for noise radiated continuously from any facility or activity between the hours of9:00 p.m. and 7:00: a.m. B. Corrections - Ift the noise is not smooth and continuous, and is not radiated between the hours of9:00 p.m. and 7:00 a.m., one (1) or more of the corrections in Table 2 shall be applied to the  Council.  shall be as listed in Table 1. decibel levels in Table 1.  TABLE1  UNWEIGHTED SOUND PRESSURE LEVEL  A-WEIGHTED SOUND PRESSURE LEVEL  Frequency Band (cycles/second) Sound Pressure Level (decibels Center Frequency Octave Band Sound Pressurel Level (decibels  (Hz) 20-75 76-150 151-300 301-600 601-1,200 1,201-2,400 2,401-4000 4,801-10,000  re0.0002 dyne/cm2) 69 60 56 51 42 40 38 35  (Cyclessecond)(H2) 63 125 250 500 1,000 2,000 4,000 8,000  re0.0002 dyne/cm2) 43 44 45 48 42 41 39 34    TABLE2  Type ofc Operation OR Character of Noise Day time operation only Noises source operationl lesst than: a. 20% ofa any one-I hour period b.. 5% of any one-hour period C. 1%ofa any one-hour period Noise ofi impulsive character Noise of periodic character  Correction inl Decibels +5 a. +5* b. +10* +15* -5  *apply any one oft these corrections  C. Exemptions - The maximum permissible sound levels oft this $701.6 shall not apply to any of 1.Sound needed to alert people about an emergency or building, equipment, or facility security 2. Repair or construction work toj provide electricity, water or other public utilities between the hours of7:00 a.m. and 9:00 p.m., except for emergency repairs which shall not be restricted by 3. Household power tools and lawn mowers between the hours of7:00 a.m. and 9:00 p.m. 4. Construction operations (including occasional blasting in construction) and repairs of public facilities between the hours of7:00 a.m. and 9:00 p.m., except for emergency repairs which shall  the following noise sources:  alarms. time.  not be restricted by time. 7. Railroads and aircraft. government body or agency. 9. Unamplified human voices.  5. Agricultural activities, excluding kennels.  6. Motor vehicles when used on public streets in accord with: state regulations. 8. Public celebrations, specifically authorized by the Borough, the County, state or federal 10. Routine ringing oft bells or chimes by a place of worship or municipal clock. D. Professional Studies and Costs - Ifthe Borough determines that professional analysis is required to enforce this $701.6 for aj particular situation, the owner shall reimburse the Borough for such reasonable costs of such analysis. In addition, the Zoning Officer may base a determination under this $701.6 on a written study prepared and certified by a qualified professional and submitted by an affected party. Any such study state the methods used and the  credentials ofthe involved professional(s).  ITEM2 503.1.A  AMEND $503.1.A- UNATTACHED ACCESSORY STRUCTURES  Unattached Accessory Structures - All unattached accessory structures shall comply with yard requirements for principal structures, except that the accessory structures which are not attached toa a principal structure and do not exceed ten (10): feet in height and one-hundred twenty (120) square feet in total floor area may be erected within the required side and rear yards ofa principal structure, provided that no side or rear yard is reduced tol less than five (5) feet. This is only available for one (1) unattached accessory structure. All additional structures must comply with the setbacks for that zone. In the case of corner lots, the full yard as specified in $502.2  shall be maintained.    ITEM3 503.2  AMEND $503.2-F FENCES AND WALLS  The erection of any fence or wall in all Districts shall require a zoning permit, and shall be A. Clear Sight Triangles - All fences and walls shall comply with $502.3 ofthis Ordinance for  subject to the following provisions:  clear sight triangles.  B. Not More Than Six Feet in Height  1.F Front Yard fences and walls not more than four (4) feet in height may be erected in front setback areas; however, no such fence or wall shall encroach upon any public right- of-way. Chain-link fences, ofany height or shape, are prohibited in the front yard. 2. Fences and walls not more than six (6) feet in height may be erected up to the property C.N More Than Six Feet in Height - Fences and walls more than six (6) feet in height may be erected on a side or rear property line provided said property line is clearly located and physically marked on the lots by lot line markers placed in accord with a survey conducted by a Registered Land Surveyor, and the owners ofs said lots present to the Borough a written document executed between said owners establishing agreement for erection oft the subject fence PNetiosaigdonthePerePepyine-Fenerhemthuapepety-ine inacerd-with-SubrsetionCaboveshalmainaintherguirguirefontyendsetwaekfor-the-fiont heheightofthe-eneeorwalputmnmosmseles-har-ivet)-eet-lmtheeventofardispute coneemingtheleatiestienofabomnamy-imy-lmebelveerpropeties-lereguirementofeseibaekein his-Ordmmanee-and-neplaeementota-fenee-mein-accordanee-with-this-seetionsshoule-net-be deemed-evidenee-thattheplacementolthe-subyeeteneeisevsevideneeefthe-leeation-ofthe E.P Posts/Supports - All fence posts and other structural supports shall be located on the side of said fence towards the interior of the property owned by the person erecting the subject fence. F.P Prohibitions The following fences and fencing materials are prohibited: 1. Barbed wire except that surmounting a 'man-proof" fence and said barbed wire is at  line of adjoining properties.  orwall.  GV endefthe-emee)anéshallesethel-iomsideamérerooHimesbyHesty-0)pereentef  boundary-  least six (6) feet above ground level. 2. Electrically charged fences. 3. Broken glass surmounting a wall.  4. Fabric, junk, junk vehicles, sheet metal, appliances, tanks, barrels or similar material.  5. Fences which exceed District maximum height requirements.  SEVERABILITY  Should any section, subsection, clause, provision or other portion of this Ordinance be declared invalid by any court of competent jurisdiction, such decision shall not affect the validity ofthe remainder ofthis Ordinance; the Borough Council having adopted this Ordinance as ifsuch  invalid portions had not been included therein.    EFFECTIVE DATE  This Ordinance shall become effective immediately upon adoption.  ORDAINED AND ENACTED this 6th day of APRIL, 2016.  BOROUGH OF CLARKS SUMMIT  - emcL  BY:  U  GERMAINE CAREY  PRESIDENT, BOROUGH COUNCIL  ATTEST:/  SECRETARY, BOROUGHO OF CLARKS SUMMIT APPROVED this 6th day of APRIL, 2016.  Se    BY: ARs PATTY IOAWLER  MAYOR, BOROUGH OF CLARKS SUMMIT  AK'S SUM  FIRST