[Amended 10-20-2015 by Ord. No. 541]
A.
Except as provided by law or in this chapter, in each district, no building, structure, lot or land shall be used or occupied except for the purposes permitted in § 130-17 for the zoning districts so indicated.
B.
Uses not otherwise provided for. Any use which clearly is not permitted
by right, by special exception use, nor by conditional use by this
chapter within any zoning district, or a use which is not defined
by this chapter, then such use shall be prohibited, except that the
Zoning Hearing Board may permit such use by special exception if the
applicant proves to the satisfaction of the Zoning Hearing Board all
of the terms and conditions set forth below:
(1)
The proposed use is in general conformity with the most recent version
of the Borough's comprehensive plan, and/or other applicable plans
adopted by the Borough, and in harmony with the zoning district, area,
and neighborhood in which it is proposed.
(2)
The proposed use is:
(a)
Similar to and compatible with the permitted uses in the zoning
district in which the subject property is located;
(b)
Not permitted in any other zoning district under the terms of
this chapter; and
(c)
In no way conflicting with the general purposes and intent of
this chapter or the zoning district in which the subject property
is located.
(3)
The external impacts associated with the proposed use would be equal
to or less intensive than external impacts associated with other uses
that are permitted in the zoning district in which the subject property
is located.
(4)
The location of the proposed use would not endanger the public health
and safety, and the use will not deteriorate the environment or generate
nuisance conditions such as traffic congestion, noise, dust, smoke,
glare or vibration.
(5)
The proposed use must comply with Borough building, health, housing,
rental, safety, property and other applicable local, county, state,
and federal code and licensing requirements. All such licenses, certificates,
and permits shall have been obtained and presented to the Borough,
or shall be a condition of approval.
(6)
The proposed use would meet the standards that apply under § 130-107 of this chapter relating to special exceptions.
A.
Uses permitted by right or as special exceptions or
conditional uses shall be subject, in addition to use regulations,
to such regulations of yard, lot size, lot width, building area, easements,
provisions for off-street parking and loading and to such other provisions
as are specified in other articles hereof.
C.
In all zoning districts where a legal nonconforming
use has been established, all dimensional standards, bulk regulations
and impervious surface criteria shall apply to any structure or lot.
D.
The Table of Use Regulations following this chapter
is a part hereof.[1]
[Added 2-19-2008 by Ord. No. 513]
[1]
Editor's Note: The Table of Use Regulations
is included at the end of this chapter.
A.
No garage, accessory building, partial structure or
temporary structure shall be erected or moved onto a lot and used
for any dwelling purposes unless authorized by the issuance of a temporary
zoning permit. Such permit shall clearly set forth that the structure
proposed is intended for temporary dwelling purposes and that the
authorized structure is to be vacated upon the expiration of a specified
time limit, not to exceed one year. On receipt of the temporary zoning
permit, the applicant shall certify that he has knowledge of the terms
of the permit and the penalty that can be invoked for violation.
A.
Principal uses.
(1)
Permitted uses:
(a)
Single-family detached dwelling.
(b)
Small wireless communications facilities [See § 130-28F(9)].
[Added 2-20-2018 by Ord.
No. 549; amended 11-16-2021 by Ord. No. 556]
B.
Lot area and coverage.
(1)
Minimum lot area for permitted uses: 60,000 square
feet, exclusive of any land within a recorded right-of-way.
(2)
Minimum lot area for conditional uses: 65,340 square
feet (1.5 acres), exclusive of any land within a recorded right-of-way.
(3)
Minimum lot width at building setback line: 150 feet.
(4)
Maximum impervious surface: 15%.
[Amended 6-21-2011 by Ord. No. 523]
A.
Principal uses.
(1)
Permitted uses:
(a)
Single-family detached dwelling.
(b)
Small wireless communications facilities [See § 130-28F(9)].
[Added 2-20-2018 by Ord.
No. 549; amended 11-16-2021 by Ord. No. 556]
B.
Lot area and coverage.
(1)
Minimum lot area for permitted principal uses: 15,000
square feet, exclusive of any land within a recorded right-of-way.
(2)
Minimum lot area for conditional uses and special
exceptions: 21,780 square feet (1/2 acre), exclusive of any land within
a recorded right-of-way.
(3)
Minimum lot width at building setback line: 90 feet.
(4)
Maximum impervious surface: 30%.
A.
Principal uses.
(1)
Permitted uses:
[Amended 2-20-2018 by Ord. No. 548]
(a)
Single-family detached dwelling.
(b)
Short-term rentals [See § 130-28B(11)]
(c)
Small wireless communications facilities [See § 130-28F(9)].
[Added 2-20-2018 by Ord.
No. 549; amended 11-16-2021 by Ord. No. 556]
B.
Lot area and coverage.
(1)
Minimum lot area for permitted principal uses: 7,500
square feet, exclusive of any land within a recorded right-of-way.
(2)
Minimum lot area for conditional uses and special
exceptions: 10,890 square feet (1/4 acre), exclusive of any land within
a recorded right-of-way.
(3)
Minimum lot width at building setback line: 60 feet.
(4)
Maximum impervious surface: 40%.
A.
Principal uses.
(1)
Permitted uses:
(a)
Single-family detached.
(b)
Two-family dwelling.
(c)
Small wireless communications facilities [See § 130-28F(9)].
[Added 2-20-2018 by Ord.
No. 549; amended 11-16-2021 by Ord. No. 556]
(3)
Conditional uses; see § 130-28:
(a)
Agricultural operation (crop farming).
(b)
Conversion apartment.
(c)
Emergency service.
(d)
Greenhouse.
(e)
Nursery.
(g)
Private or commercial kennel.
(h)
Private or commercial stable.
(i)
Public park/recreational facility.
(j)
Non-tower wireless communications facilities [See § 130-28F(9)].
[Added 11-16-2021 by Ord. No. 556]
B.
A.
Principal uses.
(1)
Permitted uses:
(a)
Eating place.
(b)
Emergency service.
(c)
Financial establishment.
(d)
General office.
(e)
Medical office.
(f)
Mixed-use structure.
(g)
Retail sales (less than 6,000 square feet in
gross floor area).
(h)
Small wireless communications facilities [See § 130-28F(9)].
[Added 2-20-2018 by Ord.
No. 549; amended 11-16-2021 by Ord. No. 556]
(3)
Conditional uses; see § 130-28:
(a)
Apartment dwelling.
(b)
Automotive accessories.
(c)
Commercial school.
(d)
Community center.
(e)
Conversion dwelling.
(f)
Crafts, specialty retail.
(g)
Dwellings in combination, as defined.
(h)
Lumberyard/home improvements center.
(i)
Manufacturing, light industrial.
(j)
Motel or hotel.
(k)
Multifamily dwelling.
(l)
Place of worship.
(m)
Printing, business services.
(n)
Private club.
(o)
Public lot/garage.
(p)
Public park/recreation facility.
(q)
Research.
(s)
Service business.
(t)
Tavern.
(u)
Theater.
(v)
Eating place, drive-through.
[Added 10-20-2015 by Ord.
No. 541]
(w)
Tower-based wireless communications facilities [See § 130-28F(9)].
[Added 2-20-2018 by Ord.
No. 549]
(x)
Gas resources development.
[Added 1-21-2020 by Ord. No. 553]
(y)
Non-tower wireless communications facilities [See § 130-28F(9)].
[Added 11-16-2021 by Ord. No. 556]
A.
Principal uses.
(1)
Permitted uses:
(a)
Commercial school.
(b)
Emergency service.
(c)
Financial establishment.
(d)
General office.
(e)
Library/museum.
(f)
Medical office.
(g)
Mixed-use structure, as defined.
(h)
Place of worship.
(i)
Small wireless communications facilities [See § 130-28F(9)].
[Added 2-20-2018 by Ord.
No. 549; amended 11-16-2021 by Ord. No. 556]
(3)
Conditional uses; see § 130-28:
(a)
Adult business.
(b)
Tower-based wireless communications facilities [See § 130-28F(9)].
[Amended 2-20-2018 by Ord. No. 549]
(c)
Contractor's yard.
(d)
Conversion dwelling.
(e)
Day nursery.
(f)
Dwellings in combination as defined.
(g)
Eating place.
(h)
Funeral home.
(i)
Group home.
(j)
Helipad.
(k)
Mobile home park.
(l)
Multifamily dwelling.
(m)
Nursing home.
(n)
Place of worship.
(o)
Private club.
(p)
Public park/recreation facility.
(q)
Research.
(r)
Retail center.
(t)
Self-storage facility.
(u)
Service business.
(v)
Veterinary.
(w)
Wholesale sales.
(x)
Gas resources development.
[Added 1-21-2020 by Ord. No. 553]
(y)
Non-tower wireless communications facilities [See § 130-28F(9)].
[Added 11-16-2021 by Ord. No. 556]
E.
Development standards:
(1)
Applicability. No area within the CO Conservation
Overlay District shall hereafter be developed without full compliance
with the terms of this section and other applicable regulations.
(a)
On any lot containing an area within the CO
Conservation Overlay District, the total amount of impervious surface
that may be installed or maintained within the total area or areas
of slope shall not exceed 50% of the maximum amount of impervious
surface permitted for such use on any lot in the underlying base zoning
district. Provision shall also be made and approved by the Borough
Engineer for control of runoff from impervious surfaces to prevent
erosion.
(b)
Before a permit is issued for any construction
or land disturbance activity on land within or affecting the CO Conservation
Overlay District, the following material, in full or in pertinent
parts, shall be reviewed by the Borough Engineer:
[1]
An earth-moving plan of the property which indicates
existing grades with contour lines at two-foot intervals where the
existing slope is less than 15% and at five-foot intervals where the
existing slope is 15% or greater. Proposed grades within the area
of any proposed activity, disturbance or construction also shall be
shown.
[2]
A site plan indicating existing and proposed
structures, other impervious surfaces, storm drainage facilities and
retaining walls. The site plan also shall locate and identify existing
vegetation and ground cover within areas of the CO Conservation Overlay
District, as well as proposed landscaping material to be installed.
[3]
Architectural plans, elevations, and sections.
[4]
A statement, signed and sealed by a registered
architect or engineer, explaining the building methods to be used
in overcoming foundation and other structural problems created by
slope conditions, preserving the natural watersheds and preventing
soil erosion and excessive surface water runoff to neighboring properties
and/or streets.
[5]
A plan, a profile and typical cross-sections
of any proposed driveway, with the seal of a registered professional
engineer thereon.
[6]
A statement, signed by the owner or future occupant
at the time of subdivision, land development or building permit application,
that there is a full understanding of any difficulties associated
with access stemming from steep slopes.
(c)
Permit restriction. No zoning permit shall be issued by the
Zoning Officer, and no special exception shall be granted by the Zoning
Hearing Board, without the Borough Engineer's review of this material
and his positive recommendation thereon. In order for a zoning application
to the Zoning Officer or Zoning Hearing Board in the CO District to
be considered complete, the applicant must submit sealed plans and
a sealed geotechnical report at the time of submission.
[Amended 2-20-2018 by Ord. No. 548]
(2)
CO Conservation Overlay District:
(a)
The CO Conservation Overlay District shall be
deemed to be an overlay on any zoning district(s) now or hereafter
enacted to regulation the use of land in the Borough.
[1]
The CO Conservation Overlay District shall have
no effect on the permitted uses in the underlying zoning district,
except where said uses are intended to be located within the boundaries
of the CO Conservation Overlay District, as defined herein, and said
uses are in conflict with the permitted uses set forth in this article.
[2]
In those areas of the Borough where the CO Conservation
Overlay District applies, the requirements of the CO Conservation
Overlay shall supersede the requirements of the underlying zoning
district(s).
[3]
Should the CO Conservation Overlay District
boundaries be revised as a result of legislative or administrative
actions or judicial decision, the zoning requirements applicable to
the area in question shall revert to the requirements of the underlying
zoning district(s) without consideration of this article.
[4]
For any parcel or any part thereof on which
is included in the CO Conservation Overlay District, should the underlying
zoning classification(s) be changed as a result of legislative or
administrative classification shall have no effect on the boundaries
of the CO Conservation Overlay District, unless an amendment to said
boundaries was included as part of the proceedings from which the
subsequent change(s) originated.
[5]
The Borough Engineer has delineated the boundaries
of the CO Conservation Overlay District.
(b)
Preservation of other restrictions. It is not
intended by this section to repeal, abrogate or impair any existing
easements, covenants, or deed restrictions. However, where this section
imposes greater restrictions, the provisions of this section shall
prevail.
(c)
Borough liability. The granting of any permit
or approval of a subdivision or land development plan within or near
the CO Conservation Overlay District shall not constitute a representation,
guaranty or warranty or any kind by the Borough or by any official
or employee thereof of the practicability or safety of the proposed
use and shall create no liability upon the Borough, its officials
or employees. This section does not imply that areas outside the CO
Conservation Overlay District boundaries or land uses permitted within
said district will also be totally free from the adverse effects of
erosion or other effects of nearby steep slopes.
(3)
Designation and interpretation of district boundaries.
(a)
The CO Conservation Overlay District consists
of an area which is delineated where slopes exist in any continuous
horizontal increment of 50 feet or more.
(b)
Where there is a question regarding the location
of the boundaries of the CO Conservation Overlay District, as it applies
to recorded lot lines, the Borough Engineer shall determine the CO
Conservation Overlay District boundary location.
(c)
Any party aggrieved by any such determination
of the Borough Engineer or other decision or determination under this
article may appeal to the Zoning Hearing Board. The party contesting
the location of the district boundary shall have the burden of proof
in case of any such appeal.
(4)
Uses by special exception. Any of the following uses shall be permitted in the CO Conservation Overlay District as a special exception when authorized by the Zoning Hearing Board, subject to requirements of this section and this article. In making its determination, the Board shall give particular consideration to the criteria and standards set forth in Subsection E(1) herein.
(a)
Sealed public water supply wells, where approved
by all regulatory agencies.
(b)
Sanitary or storm sewers, where approved by
all regulatory agencies.
(c)
Access roads that shall be suitable for the passage of emergency vehicles in the event of fire or accident. Such roads shall be constructed only when no viable alternative for emergency access exists. Any such proposal shall be subject to the terms of Chapter 113, Subdivision and Land Development, as amended, shall have secured applicable approval from any other regulatory agencies and shall be reviewed by the Borough Fire Chief.
(d)
Extractive uses, including borrow pits, when
operated in accordance with recognized conservation practices and,
as applicable, where approved by all regulatory agencies.
(e)
Any structure permitted by right, special exception
or conditional use according to the terms of the underlying base zoning
district.
(5)
Supplemental criteria; nonconforming uses and structures:
(a)
Factors. In evaluating any application for special
exception, the Zoning Hearing Board shall consider the following factors:
[1]
Disturbance to particularly sensitive features
of the site shall be minimized. Special emphasis in planning for the
site should be given to the protection of:
[2]
Disturbance shall be minimized where the length
or area of precautionary slope, both on the site and on adjacent lands
within 200 feet of the site is extensive.
[3]
The proposed development, any impervious ground
cover and the resultant disturbance to the land and existing vegetative
cover will not cause runoff and/or related environmental problems
off the site.
[4]
Removal of or disturbance to existing vegetation
on site shall be minimized. The proposed impacts on existing vegetation
shall be evaluated in terms of the potential detrimental effects on
slope stability, transpiration, recharge of stormwater, aesthetic
and traditional characteristics of the landscape and existing drainage
patterns. Mitigation measures may be required by the Board as it deems
appropriate.
[5]
Important visual qualities of the site shall,
to the maximum extent feasible, be retained; in addition to vegetation,
these may include hilltops or ridgelines, outcroppings and the natural
terrain and contours on site.
[6]
Road construction shall follow the natural topography
with cuts and grading minimized.
[7]
Innovative, imaginative building techniques
that are suited to slope conditions shall be encouraged, consistent
with other applicable codes and regulations.
[8]
The equilibrium of the slope, as characterized
by the existing interrelationships among the soil, water, or vegetation,
shall be disturbed as little as possible.
(b)
Nonconformance. No use or structure which is situated within the boundaries of the CO Conservation Overlay District and which does not conform to the permitted uses specified herein shall become a nonconforming use or structure, regardless of its conformity to the district in which it is located without consideration of this article. The expansion or continuance of said nonconforming use or structure shall be governed by the requirements of Article XVI of this chapter. However, the Zoning Hearing Board shall also ensure that the standards contained in this section are applied to the expansion or continuance of such nonconforming use or structure.
A.
Agricultural uses:
(1)
Agricultural operation (crop farming), conditional
use in SU District:
(a)
The raising, keeping and sale of field, truck
and tree crops. This use shall not be detrimental to natural features.
The use of untreated human sewage as fertilizer is prohibited. Crop
farms must be responsive to existing topography and natural vegetation,
slope stability and erosion control. Erosion and sedimentation plans
must be submitted in conformity with Soil Conservation Service conservation
district guidelines as promulgated by Allegheny County.
(b)
Parking: one off-street parking space for each
employee in addition to two spaces for any residential use.
(2)
Nursery, conditional use in SU District:
(a)
The outdoor raising of plants, shrubs and trees
for sale and transplantation. Retail sales are permitted only where
the lot exceeds two acres.
(b)
Parking: one off-street parking space for each
employee and one off-street parking space for each 300 square feet
of gross area used or intended to be used as a sales area.
(3)
Greenhouse, conditional use in SU District:
(a)
The indoor raising of plants, shrubs and trees
for sale and transplantation. Retail sales are permitted only where
the lot exceeds two acres.
(b)
Parking: one off-street parking space for each
employee and one off-street parking space for each 300 square feet
of gross area used or intended to be used as a sales area.
(4)
Kennel (private or commercial), conditional use in
SU District:
B.
Residential uses:
(1)
Single-family detached dwelling, permitted principal
use in R-1, R-2, R-3, SU and CO Districts:
(a)
Parking: two off-street spaces per dwelling
unit; no front-yard parking except on driveway to side and rear yards.
(2)
Two-family dwelling, permitted principal use in SU
District.
(a)
Parking: minimum four off-street spaces, no
front yard parking permitted.
(3)
Triplex, conditional use in C-1 and C-2 Districts:
(a)
Parking: minimum six off-street spaces per dwelling
unit; no front-yard parking except on driveway to side and rear yards.
(4)
Townhouse, conditional use in C-1 and C-2 Districts:
(a)
Parking: minimum three off-street parking spaces
per dwelling unit, no front yard parking is permitted.
(5)
Apartment dwelling, conditional use in C-1 and C-2
Districts:
(a)
Parking: two off-street spaces per dwelling
unit; no front-yard parking except on driveway to side and rear yards.
(6)
Quadruplex, conditional use in C-1 and C-2 Districts:
(a)
Parking: 2 1/2 off-street spaces per dwelling
unit; no front-yard parking except on driveway to side and rear yards.
(7)
Conversion, conditional use in SU, C-1 and C-2 Districts.
Conversion of an existing building to a dwelling unit, subject to
the following provisions:
(a)
Except as may be necessary for purposes of safety in accordance with Subsection B(7)(b) herein, there shall be no major structural change in the exterior of the building in connection with the conversion, and after conversion, the building shall retain substantially the same structural appearance it had before such conversion. Any substantive structural changes are subject to the approval of Council.
(b)
Any such conversion shall comply with the minimum
Pennsylvania Construction Code Act standards applicable to a like
dwelling unit as required by the Pennsylvania Department of Labor
and Industry.
(c)
Minimum lot areas, parking restrictions, yard
requirements and maximum height standards of the district in which
the structure is located are applicable to each dwelling unit upon
conversion of the structure.
(8)
Dwelling in combination, conditional use in C-1 and
C-2 District:
(a)
Where two or more multifamily structures (duplex,
triplex, quadruplex, townhouse or apartment buildings) are proposed
for development on a single lot or parcel, or on individual lots whether
initially or in phases, the following standards shall apply:
[1]
Bufferyards shall be provided along the perimeter of the tract proposed for development, or the individual lots proposed for development in accordance with § 130-41, Bufferyards, as follows:
[2]
A visitor parking area designed and constructed
to minimum Borough standards shall be provided on one or more lots
with a minimum of two additional parking spaces.
[3]
An area for stormwater detention, commonly owned
and maintained by the tenants or owners of each dwelling unit shall
be provided on one or more lots identified on the plat prior to recording,
and designed and constructed to minimum Borough standards.
[4]
Where there are six or more dwelling units proposed
to be constructed whether initially or in phases, a minimum of 40%
of the subject parcel or aggregate total area of new lots identified
shall be provided as open space commonly owned and maintained by the
tenants or owners of each dwelling unit on one or more lots.
[5]
For the purpose of mitigation of environmental impacts, any subdivision or land development which includes eight or more dwelling units in any configuration on a single parcel or individual lots, whether proposed initially or in phases, shall be considered a clustered subdivision development when proposed in the SU Special Use District, and the provisions of Article XII shall also apply.
(9)
Multifamily dwelling, conditional use in C-1 and C-2
Districts:
(b)
An on-lot stormwater management plan shall be
prepared and submitted for review and approval by the Borough Engineer.
(c)
A minimum fifteen-foot wide bufferyard, planted
with a 50%/50% mix of evergreen and deciduous trees on twelve-foot
centers shall be provided along any lot boundary line abutting a lot
accommodating a single-family detached dwelling.
(10)
Mobile home park, conditional use in C-2 District.
A mobile home park is subject to the following provisions:
(a)
All provisions of Chapter 113, Subdivision and Land Development, regulating mobile home parks in the Borough are met.
(b)
The minimum yard requirements for each mobile
home lot shall be 25 feet for front yards, 20 feet for rear yards
and 10 feet for side yards. Such yards shall be measured from the
perimeter of the mobile home slab.
(c)
Each mobile home shall be placed on a concrete
slab of at least five inches in thickness which shall have installed
in it at least six tie-down rings to which the mobile home shall be
secured.
(d)
The area between the mobile home slab and the
perimeter of the mobile home shall be enclosed by means of wood or
aluminum skirting or other similar material.
(e)
Every mobile home slab shall have access to
a public street in accordance with appropriate subdivision regulations
for private access drives.
(f)
The minimum number of spaces completed and ready
for occupancy before the first occupancy is permitted shall be nine.
(g)
No space shall be rented for residential use
of a mobile home in any such park except for periods of 180 days or
more.
(h)
Public sewerage shall be required.
(j)
The minimum lot size for a mobile home park
is five acres.
(11)
Short-term rentals, permitted use in the R-3 District:
[Added 2-20-2018 by Ord.
No. 548]
(a)
Permit required. Before advertising and renting a dwelling unit
for use as a short-term rental, the property owner shall apply for
and receive a permit from the Borough Manager. The permit application
shall include the following:
[1]
The property owner's name;
[2]
The number of bedrooms available for rent;
[3]
The approximate number of days per year the dwelling unit will
be available for short-term rental;
[4]
Confirmation of insurance coverage, as required by § 130-28B(11)(h);
[5]
The name and contact information of a person whose primary residence
is located within 10 miles of the Borough and who will accept responsibility
to respond to complaints raised while the dwelling unit is being utilized
as a short-term rental. Said person must also sign the application
and agree to be responsible for handling complaints if the owner is
not available.
(b)
Parking. Each short-term rental shall provide sufficient off-street
parking to accommodate all vehicles used by the short-term renters.
(c)
Minimum stay. Short-term rentals shall be advertised and rented
for a period of at least three consecutive nights.
(d)
Maximum occupancy. No short-term rental may accommodate more
than two renters per bedroom contained in the dwelling unit.
(f)
Signage. No signage shall be permitted on the premises that
advertises the short-term rental.
(g)
Maximum days per year. Short-term rental of a dwelling unit
shall not exceed, in total, a maximum of 182 days in a calendar year.
Short-term rentals in excess of that limitation shall be considered
a hotel/motel use, which is limited to the C-1 Zoning District.
(h)
Insurance. Each owner of a dwelling unit used for short-term
rentals shall maintain and keep in force commercial liability insurance
(including broad form property damage, personal injury, and fire damage)
in amounts not less than $100,000 per occurrence, $300,000 aggregate,
combined single limit for both bodily injury and property damage.
A certificate evidencing said insurance shall be submitted to the
Borough with the short-term rental application.
C.
Institutional or recreational uses:
(1)
Place of worship, conditional use in C-1 and C-2 Districts:
(a)
Place or religious worship, provided that the
following requirements are met:
(b)
In all districts, access to a collector street, as defined in Chapter 113, Subdivision and Land Development, as amended, is required.
(c)
Parking: one off-street parking space for each
four seats provided for patron use or at least one off-street parking
space for each 25 square feet of gross floor area used or intended
to be used for service to patrons, guests or members, whichever requires
the greater number of off-street parking spaces, plus one additional
space for each full-time employee.
(2)
School, conditional use in R-3 District only (but
requirements are also applicable to all schools, including nonconforming
schools in other districts):
[Amended 2-19-2008 by Ord. No. 513]
(a)
Private school or public school which is not conducted as a private gainful business. In all districts, access to a collector or primary street, as defined in Chapter 113, Subdivision and Land Development, is required.
(b)
The use must meet the following requirements:
[1]
Provide safe and adequate traffic flow in accordance
with a traffic study to be prepared by a traffic engineer selected
by the Borough, with the cost of such study to be borne by the party
seeking the use.
[2]
Prohibit glare due to site lighting.
[3]
Provide sufficient screening, as determined
by a study prepared by a qualified landscape architect to be selected
by the Borough, with the reasonable cost of such study to be borne
by the party seeking the use, of outdoor play areas to protect the
neighborhood from inappropriate noise and other disturbance.
[4]
Provide fencing to control pedestrian ingress
and egress.
(c)
Parking.
[1]
Elementary school: one off-street parking space
for each faculty member and employee, plus one space per two classrooms
and offices.
[2]
Junior high school: one off-street parking space
for each faculty member and employee, plus one space per classrooms
and offices.
[3]
Senior high school: one off-street parking space
per faculty member and employee, plus one space per 10 students of
projected building capacity.
[4]
College and junior college: one off-street parking
space per faculty member and employee, plus one space for each 10
classroom seats, or one off-street parking space for each 10 auditorium
seats, whichever requires the greater number of off-street parking
spaces.
(3)
Commercial school, conditional use in C-1 District
and permitted use in C-2 District:
[Added 2-19-2008 by Ord. No. 513]
(4)
Library/museum, permitted principal use in C-2 District:
(a)
Library or museum, open to the public or connected
with a permitted educational use and not conducted as a private gainful
business. The Council shall establish such minimum yard requirements
as it shall deem appropriate for such use.
(b)
Parking: one space per five seats or one space
per 250 square feet of gross floor area where no seats are provided.
(5)
Community center, conditional use in C-1 District:
(a)
Community center, adult education center, or
other similar facility operated by an educational, philanthropic or
religious institution, subject to the following additional provisions:
(b)
The use must meet the following requirements:
[1]
Provide safe and adequate traffic flow as determined under the procedure set forth in § 130-28C(2)(b)[1] herein.
[2]
Prohibit glare due to site lighting.
[3]
Provide sufficient screening of outdoor play areas to protect the neighborhood from inappropriate noise and other disturbance as determined under the procedure set forth in § 130-41 herein.
[4]
Provide fencing to control pedestrian ingress
and egress.
(c)
Parking.
[1]
One off-street parking space for each four seats
provided for patron use or at least one off-street parking space for
each 50 square feet of gross floor area used or intended to be used
for service to customers, patrons, clients, guests or members, whichever
requires the greater number of off-street parking spaces, plus one
additional space for each full-time employee.
(6)
Day nursery, conditional use in C-2 District:
(a)
Day nursery, nursery school, kindergarten or
other agency giving day care to children, subject to the following
additional provisions:
[1]
Outdoor play areas shall be sufficiently screened, as determined under the procedure set forth in § 130-41 herein, and insulated so as to protect the neighborhood from inappropriate noise and other disturbance.
[2]
The minimum lot size and setback restrictions
shall be the same as that required for a single-family residence for
the applicable residential district.
[3]
Sufficient facilities for passenger loading
and unloading shall be provided.
(b)
Parking: at least one off-street space for each
teacher, administrator and maintenance employee and one additional
space for each six children enrolled.
(7)
Hospital, use by special except in C-1 District:
(a)
An establishment, licensed prior to any approvals
hereunder by the American Hospital Association, which provides health
services primarily for inpatient medical or surgical care of the sick
or injured, including such related facilities as laboratories, outpatient
departments, training facilities, central service facilities and staff
offices as an integral part of the establishment. A hospital is subject
to the following additional provisions:
[1]
Provide sufficient facilities for passenger
loading and unloading.
[2]
Provide safe and adequate traffic flow as determined under the procedure set forth in § 130-28C(2)(b)[1] herein.
[3]
Prohibit glare due to site lighting.
[4]
Provide adequate ingress and egress of pedestrian
flow.
(b)
Parking: 1 1/2 off-street parking spaces
per inpatient bed or one off-street parking space per 600 square feet
of gross floor area, excluding mechanical and storage space, whichever
is greater.
(8)
Nursing home, conditional use in C-2 District:
(a)
Nursing or convalescent home, duly licensed
prior to any approvals hereunder, subject to the following additional
provisions:
[1]
A lot area of not less than one acre or 2,000
square feet per resident, whichever is greater, is required.
[2]
No more than 20 resident patients shall be accommodated
at any one time.
[3]
Sufficient facilities for on-site passenger
loading and unloading shall be provided.
[4]
Provide safe and adequate traffic flow as determined under the procedure set forth in § 130-28C(2)(b)[1] herein.
[5]
Prohibit glare due to site lighting.
[6]
Provide adequate ingress and egress of pedestrian
flow.
(b)
The Council shall establish such minimum setback
requirements as it shall deem appropriate for such use.
(c)
Parking: 1/2 off-street parking space for each
patient bed, plus at least one additional off-street parking space
for each staff and visiting doctor, plus one additional parking space
for each employee, including nurses, on the two major shifts.
(9)
Group home, conditional use in C-2 District:
(a)
Any dwelling occupied by six or fewer persons,
including staff, whether operated for profit or not, which provides
for a period exceeding 24 hours one or more personal services for
persons not related to the owner or administrator by law, blood, marriage
or adoption, and not in foster care, who require such services. The
personal services, in addition to housing and food services, may include,
but not be limited to personal assistance with bathing, dressing,
housekeeping, adult supervision, emotional security and other related
services, but not including medical services. For the purposes of
this chapter, group homes shall not be deemed to include rooming or
boarding home, fraternities, sororities, clubs, monasteries or convents,
hotels or nursing homes.
(b)
This use must meet the following requirements:
[1]
Sufficient screening and buffering of outdoor recreation spaces to protect the neighborhood from inappropriate noise and other disturbance as determined under the procedure set forth in § 130-41 herein shall be provided.
[2]
If the facility is one that is licensed or certified
by a governmental agency, then the license or certification shall
be a condition for any approvals hereunder, and any suspension or
revocation of the license or certification will automatically revoke
the conditional use approval.
[3]
Any change in ownership or in condition of operation
from that originally approved will require a new conditional use application
and approval.
[4]
The Borough will require a periodic review of
the conditional use approval every three years to determine if the
facility is still operating in accordance with the terms of the original
approval. If so, the renewal of the approval will be automatic.
[5]
No group home may be located within 2,000 feet
of another group home.
(c)
Parking: 1/2 off-street parking space for each
nonstaff resident and one off-street parking space for each staff
resident. A minimum of two spaces shall be paved with site space allowance
for additional spaces as required by resident use.
(10)
Funeral home, conditional use in the C-2 District:
(a)
Mortuary or funeral home.
(b)
This use must meet the following requirements:
[1]
Provide safe and adequate traffic flow as determined under the procedure set forth in § 130-28C(2)(b)[1] herein.
[2]
Provide adequately for safe assembly of funeral
cortege.
(c)
Parking: one off-street parking space for each
four seats provided for patron use or at least one off-street parking
space for each 50 square feet of gross floor area used or intended
to be used in the operation of the establishment, whichever requires
the greater number of off-street parking spaces, plus one additional
space for each full-time employee.
(11)
Public park/recreational facility, conditional
use in R-1, R-2, R-3, SU, C-1 and C-2 Districts:
(a)
Recreational facility or park owned or operated
by the Borough or other governmental agency.
(b)
The use must meet the following requirements:
[1]
Provide safe and adequate traffic flow as determined under the procedure set forth in § 130-28C(2)(b)[1] herein.
[2]
Prohibit glare due to site lighting.
(c)
Parking: one off-street parking space for each
five persons of total designed capacity.
(12)
Private club, conditional use in C-1 and C-2
Districts:
(a)
Private club subject to the following additional
provisions:
[1]
Shall not be conducted as a gainful private
business.
[2]
Shall be for members and their authorized guests
only.
[3]
Provide safe and adequate traffic flow as determined under the procedure set forth § 130-28C(2)(b)[1] herein.
[4]
No outdoor active recreation area shall be located
nearer to any lot line than the required front yard depth.
[5]
Provide sufficient screening so as to protect the neighborhood from inappropriate noise and other disturbance as determined under the procedure set forth in § 130-41 herein.
[6]
Provide fencing to control pedestrian ingress
and egress.
(b)
Parking: one off-street parking space for every
five members of total capacity or at least one off-street parking
space for each 50 square feet of gross floor area used or intended
to be used for service to customers, patrons, clients, guests or members,
whichever requires the greater number of off-street parking spaces,
plus one additional space for each full-time employee.
(13)
Emergency service, permitted principal use in
C-1 and C-2 Districts, conditional use in R-1, R-2, R-3 and SU Districts:
(a)
Fire, ambulance, rescue and other emergency
service buildings of a municipal or volunteer nature on parcels with
a minimum size of three acres.
(b)
The use must meet the following requirements:
[1]
Provide safe and adequate traffic flow as determined under the procedure set forth in § 130-28C(2)(b)[1] herein.
[2]
Prohibit glare due to site lighting.
(c)
Parking: three off-street parking spaces for
every four employees on the two major shifts at maximum employment
or four off-street parking spaces for each fire truck where no community
room is a part of the building, whichever requires the greater number
of parking spaces; where a community room is provided, two off-street
parking spaces for each fire truck, plus one off-street parking space
for each 50 square feet of gross floor area.
(14)
Helipads (as approved), conditional use in C-2
District:
(a)
Minimum landing areas. The minimum tract size
for helipads shall be of sufficient size to meet the following requirements:
(b)
Helipads accessory to a hospital shall be limited
to use by emergency vehicles and health system personnel.
(c)
The use of the helipad shall be limited to helicopters
owned by the landowner.
(d)
A private use helipad shall be located at least
500 feet from any property line or public street.
(e)
The helicopter landing pad shall be clearly
marked with the insignia commonly recognized to indicate a private
use helipad.
(f)
Evidence of compliance with all applicable regulations
of the Federal Aviation Administration (FAA) and the Pennsylvania
Department of Transportation, Bureau of Aviation shall be submitted.
(g)
Maintenance of the helicopter, other than emergency
maintenance, and permanent storage of the helicopter shall not be
permitted on the private use helipad.
(h)
Storage of fuel at the private use helipad shall
not be permitted.
(i)
Clear areas for emergency landings of the helicopter
in the event of mechanical failure on approach or departure shall
be provided. These emergency landings areas shall be located within
the normal glide range of the helicopter with one engine off when
operating in the approved takeoff or landing lane from the private
use helipad.
(j)
The operation of the private use helipad shall comply with the noise standards of § 130-50 of this chapter.
(k)
Lighting shall be shielded away from adjacent
properties and streets.
D.
E.
Retail/commercial.
(1)
Retail sales (less than 6,000 square feet in gross
floor area), permitted principal use in C-1 District, conditional
use in C-2 District:
(a)
Retail shops and stores selling apparel, books,
confections, drugs, dry goods, computer and computer software sales,
flowers, foodstuffs, furniture, gifts, hardware, toys, household appliances,
jewelry, notions, periodicals, shoes, stationery, tobacco, paint,
records, cards, novelties, hobby and art supplies, music, luggage,
sporting goods, pets, floor covering, garden supplies and fabrics,
provided that all products produced on the premises are sold on the
premises at retail. Also included within this use shall be the sale
of soft drinks, beer and alcoholic beverages in sealed containers,
not for consumption on the premises.
(b)
Parking: one off-street parking space for each
200 square feet of gross area used or intended to be used for servicing
customers, plus one additional space for each full-time employee.
(2)
Financial establishment, permitted principal use in
C-1 and C-2 Districts:
(a)
Banks, savings and loan association, credit
union and other financial establishment.
(b)
Parking: one off-street parking space for each
300 square feet of gross area used or intended to be used for servicing
customers, plus one additional space for each full-time employee.
Parking requirements do not apply in the C-1 District.
(3)
Eating place, permitted principal use in C-1 District, conditional
use in C-2 District:
[Amended 10-20-2015 by Ord. No. 541]
(a)
Eating place for the sale and consumption of food and beverages
without drive-through service. The sale of alcoholic beverages must
be incidental to sale and consumption of food.
(b)
Parking: one off-street parking space for each 50 square feet
of total floor area, plus one additional off-street parking space
for each employee on the largest shift.
(3.5.)
Eating place, drive-through, conditional
use in the C-1 District:
[Added 2-19-2008 by Ord.
No. 513; amended 10-20-2015 by Ord. No. 541]
(a)
Eating place for the sale and consumption of food and nonalcoholic
beverages with drive-through service.
(b)
Parking: one off-street parking space for every two seats or
one off-street parking space for every 100 square feet of gross floor
area, whichever requires the greater number of off-street parking
spaces, plus one additional off-street space for each employee on
the largest shift.
(4)
Motel/hotel, conditional use in the C-1 District:
(a)
Motel/hotel. A building or group of buildings
for the accommodation of transient guest rooms for rent.
(b)
The following standards shall apply:
[1]
Provide safe and adequate traffic flow as determined under the procedure set for in § 130-28C(2)(b)[1] herein.
[2]
Provide on-site capacity for loading and unloading.
(c)
Parking: one off-street parking space for each
rental room or suite, plus one additional off-street parking space
for each full-time employee.
(5)
Theater, conditional use in the C-1 District:
(a)
Theater for motion picture and living performance
of performing arts operated as a gainful business within a building.
(b)
The following standards shall apply:
[1]
Provide safe and adequate traffic flow as determined under the procedure set forth in § 130-28C(2)(b)[1] herein.
[2]
Provide on-site capacity for loading and unloading.
[3]
No business shall be conducted between the hours
of 2:00 a.m. and 6:00 a.m. at locations adjacent to residential districts.
(c)
Parking: one off-street parking space for each
four seats provided for patron use or at least one off-street parking
space for each 200 square feet of gross floor area used or intended
to be used for service to customers, patrons, clients, guests or members,
whichever requires the greater number of off-street parking spaces,
plus one additional space for each full-time employee.
(6)
Tavern, conditional use in the C-1 District:
(a)
Definition: an establishment which serve alcoholic
beverages for consumption on premises and which is licensed by the
Pennsylvania Liquor Control Board and which is not an eating place.
(b)
Parking: one off-street parking space for each
50 square feet of total floor area, plus one additional off-street
parking space for each full-time employee.
(c)
Location: cannot be within 500 feet of the property
boundary of a church, cathedral, synagogue, hospital, elementary or
secondary school, public playground, public recreation center or drug
and alcohol rehabilitation center.
(d)
Additional standards: in addition to the foregoing,
the following standards shall also apply to taverns and the application
for conditional use:
[1]
In granting the use, Council may attach reasonable
conditions warranted to protect the public health, safety and welfare,
including but not limited to location, fencing, screening and increased
setbacks.
[2]
All conditional uses approved under this section
will automatically lapse if not used for six continuous months.
[3]
All approvals will be only for the specific
facilities and use set forth in the application. No additions or alterations
thereto will be permitted without a new application.
(e)
If applicable, a plan showing compliance with
the bufferyard provisions hereof shall be submitted with the application.
(7)
Lumberyard/home improvements, conditional use in the
C-1 District:
(8)
Veterinary, conditional use in the C-2 District:
(a)
Office of a veterinarian with accessory animal
kennel. In no event shall animal kennels be allowed as a primary use.
No kennels which are not fully enclosed shall be located within 200
feet of the closest lot line. All activities must be within an enclosed
building.
(b)
Parking: three off-street parking spaces for
each doctor, plus one space for each full-time employee.
(9)
Automotive sales: use by special exception in the
C-1 District: Sale of automobiles by a new car dealership, used car,
truck and heavy equipment sales and car, truck, trailer, cycle and
boat rental.
(10)
Automotive accessories, conditional use in the
C-1 District:
(11)
Retail center, conditional use in the C-1 and
C-2 Districts:
(a)
A neighborhood or community retail center which
is preplanned and designed as a complex of related structures and
circulation patterns, subject to the following additional criteria:
[1]
Retail centers shall have a minimum site area
of six acres under common ownership. This area requirement can, however,
be satisfied by combining an adjacent site(s) under the same common
ownership with permitted commercial uses in the zoning district.
[2]
Not more than 35% of the total lot area shall
be occupied by buildings.
[3]
The following uses shall be permitted in the
C-1 District: medical office, general office, retail sales, service
business, financial establishment, eating place. In the C-2 District,
the following uses shall be permitted: medical office, general office,
retail sales, service business, financial establishment.
[4]
Any use of the same general character as any
of the above-permitted uses shall be permitted when authorized as
a special exception by the Zoning Hearing Board, provided that such
use shall be permitted subject to such reasonable restrictions as
the Board may determine.
[5]
[6]
The proposed development shall be constructed
in accordance with an overall plan and shall be designed as a single
architectural unit with appropriate landscaping.
[7]
Outdoor storage and displays shall conform to the provisions of § 130-28G(4).
[8]
The distance at the closest point between any
two buildings or groups of units of attached buildings shall be not
less than 20 feet.
[9]
The proposed development shall be served by
adequate water and public sewage disposal facilities, the adequacy
of which shall be demonstrated and guaranteed.
(b)
Parking: 4 1/2 off-street parking spaces
shall be provided and maintained for each 1,000 square feet or portion
thereof of shopping center gross leasable floor area, which is the
total floor area designed for tenant occupancy and use, including
basements, mezzanines, storage areas and upper floors, if any, expressed
in square feet and measured from the center line of common partitions
and from outside wall faces.
(12)
Adult business, conditional use in the C-2 District.
(a)
Shall not be located within 1,000 linear feet
of any property which is zoned residential.
(b)
Adult businesses shall not be located within
1,000 feet of the property boundary line of the following uses:
(c)
No adult business shall be located within 1,000
linear feet of any other existing or proposed adult business.
(d)
Any adult business which exhibits on the premises,
film, video cassette or other method of image production which depicts
nudity or sexual conduct shall comply with the following:
[1]
At least one employee shall be on duty at all
times that any patron is on the premises.
[2]
Where viewing rooms are located on the premises,
an unobstructed view of access to all such rooms shall be available
to the employee on duty.
[3]
No viewing room shall be occupied by more than
one person at any time.
[4]
No connections or openings to adjoining viewing
rooms shall be permitted.
[5]
A minimum of one footcandle of illumination
measured at floor level, shall be provided in every area where patrons
are permitted access.
[6]
Where live performances are given, separate
stage and viewing areas shall be provided with separate access to
each and no connecting access between the areas.
[7]
Alcoholic beverages shall not be sold on the
premises of an adult business.
[8]
An annual occupancy permit issued by the Zoning
Officer shall be secured prior to the operation of any adult business.
F.
Industrial uses.
(1)
Manufacturing, conditional use in the C-1 District:
(a)
Manufacturing, including the production, processing,
cleaning, testing and distribution of materials, goods, foodstuffs
and products, but excluding the manufacture of toxic, radioactive,
corrosive, flammable, explosive or carcinogenic materials, chemicals,
liquids, gases or solids.
(b)
Parking: three off-street parking spaces for
every four employees on the largest shift, plus one space for each
company vehicle normally stored on the premises.
(2)
Research, conditional use in the C-1 and C-2 Districts:
(a)
Research, testing or experimental laboratory,
but excluding the manufacture or bulk storage of toxic, radioactive,
corrosive, flammable, explosive or carcinogenic materials, chemicals,
liquids, gases or solids.
(b)
Parking: three off-street parking spaces for
each four employees on the largest shift or one off-street parking
space for every 250 square feet of gross floor area, whichever is
greater, plus one space for each company vehicle normally stored on
the premises.
(3)
Wholesale sales, conditional use in the C-2 District:
(a)
Wholesale business and storage but excluding
toxic, radioactive, corrosive, flammable, explosive or carcinogenic
materials, chemicals, liquids, gases or solids.
(b)
Parking: three off-street parking spaces for
each four employees on the largest shift or one off-street parking
space for every 500 square feet of gross floor area, whichever is
greater, plus one space for each company vehicle normally stored on
the premises.
(4)
Printing, conditional use in the C-1 District:
(a)
Printing, publishing and binding.
(b)
Parking: three off-street parking spaces for
each four employees on the largest shift or one off-street parking
space for every 250 square feet of gross floor area, whichever is
greater, plus one space for each company vehicle normally stored on
the premises.
(5)
Contracting, conditional use in the C-2 District:
(a)
Contractor offices and shops such as building,
cement, electrical, heating, masonry, painting and roofing.
(b)
Parking. Three off-street parking space for
each four employees on the largest shift or one off-street parking
space for every 250 square feet of gross floor area, whichever is
greater, plus one space for each company vehicle normally stored on
the premises.
(6)
Crafts, conditional use in the C-1 District:
(a)
Plumbing shop, carpentry shop, cabinetmaking,
furniture-making and similar crafts.
(b)
Parking: three off-street parking spaces for
each four employees on the largest shift or one off-street parking
space for every 500 square feet of gross floor area, whichever is
greater, plus one space for each company vehicle normally stored on
the premises.
(7)
Public parking lot or garage, conditional use in the
C-1 District: A lot of record upon which the parking or storing of
automotive vehicles is the primary use, provided that:
(a)
No sale, rental, service or repair operations
of vehicles shall be performed.
(b)
The parking or storage of trucks or trailers
shall not be permitted.
(d)
Safe and adequate traffic flow is provided as determined under the procedure set forth in § 130-28C(2)(b)[1] herein.
(e)
Sufficient screening is provided to protect the neighborhood from in appropriate noise and other disturbance as determined under the procedure set forth in § 130-41 herein.
(f)
Glare due to exterior lighting is prohibited.
(8)
Public utility facility and storage yard, use by special exception in all base districts (See Article VII):
(a)
Transformer stations, pumping stations, relay
stations, towers (transmission or relay), substations, switching centers,
sewage treatment plants and any similar or related installations,
not including public incinerators and public or private landfills.
In residential districts, such uses shall be permitted as special
exceptions only where all the following conditions are met:
[1]
Installation is essential to service dwellings
or businesses where proposed.
[2]
No public business office or any storage yard
or storage building is operated in connection with it.
[3]
A twenty-foot bufferyard shall be provided along
all property lines.
[4]
Sewage treatment facilities are prohibited in
residential districts.
[5]
Communication towers are prohibited in residential
districts.
(b)
Parking: two off-street parking spaces, plus
one off-street parking space for each employee normally in attendance
at the facility at any time.
(9)
Wireless communications facilities.
[Amended 11-16-2021 by Ord. No. 556]
(a)
Purposes.
[1]
The purpose of this section is to establish uniform standards
for the siting, design, permitting, maintenance, and use of wireless
communications facilities in the Borough of Edgeworth (referred to
herein as the "Borough"). While the Borough recognizes the importance
of wireless communications facilities in providing high quality communications
service to its residents, the Borough also recognizes that it has
an obligation to protect public safety and to minimize the adverse
effects of such facilities through the standards set forth in the
following provisions.
[2]
By enacting these provisions, the Borough intends to:
[a]
Accommodate the need for wireless communications
facilities while regulating their location and number so as to ensure
the provision of necessary services;
[b]
Provide for the managed development of wireless
communications facilities in a manner that enhances the benefits of
wireless communication and accommodates the needs of both Borough
residents and wireless carriers in accordance with federal and state
laws and regulations;
[c]
Establish procedures for the design, siting, construction,
installation, maintenance and removal of non-tower-based wireless
communications facilities, small wireless communications facilities,
and tower-based wireless communications facilities in the Borough,
including facilities both inside and outside the public rights-of-way;
[d]
Address new wireless technologies, including but
not limited to, distributed antenna systems, data collection units,
small wireless communications facilities, cable Wi-Fi and other wireless
communications facilities;
[e]
Minimize the adverse visual effects and the number
of such facilities through proper design, siting, screening, material,
color and finish and by requiring that competing providers of wireless
communications services collocate their commercial communications
antennas and related facilities on existing towers;
[f]
Promote the health, safety and welfare of the Borough's
residents.
(b)
General requirements for all wireless communications facilities.
[1]
Standard of care. All WCFs shall meet or exceed all applicable
structural standards, clearance standards, and provisions of the latest
National Electrical Safety Code (NESC), American National Standards
Institute (ANSI) Code, the structural standards of the American Association
of State Highway and Transportation Officials, or to any other industry
standard applicable to the structure. In case of conflict, the most
stringent requirements shall prevail. All necessary certifications
shall be obtained by the WCF applicant and provided to the Borough.
[2]
Eligible facilities requests.
[a]
WCF applicants proposing a modification to an existing
WCF that does not constitute a substantial change shall be required
only to obtain a building permit from the Borough Zoning Officer.
In order to be considered for such permit, the WCF applicant must
submit a permit application to the Borough in accordance with applicable
permit policies and procedures. Such permit application shall clearly
state that the proposed modification constitutes an eligible facilities
request pursuant to the requirements of 47 CFR § 1.6100.
The permit application shall detail all dimensional changes being
made to the WCF and wireless support structure.
[b]
Timing of approval.
[i]
Within 30 calendar days of receipt of a complete
application for the modification of an existing WCF that does not
constitute a substantial change, the Borough Zoning Officer shall
notify the WCF applicant in writing of any information that may be
required to complete such application.
[ii]
Within 60 days of receipt of a complete application
for the modification of an existing WCF that does not constitute a
substantial change, the Borough Zoning Officer shall issue the required
building and zoning permits authorizing construction of the WCF.
[3]
Wind and ice. All WCFs shall be designed to withstand the effects
of wind gusts and ice to the standard designed by the American National
Standards Institute as prepared by the engineering departments of
the Electronics Industry Association, and Telecommunications Industry
Association (ANSI/TIA-222, as amended), or to the industry standard
applicable to the structure.
[4]
Aviation safety. WCFs shall comply with all federal and state
laws and regulations concerning aviation safety.
[5]
Public safety communications. WCFs shall not interfere with
public safety communications or the reception of broadband, television,
radio or other communication services enjoyed by occupants of nearby
properties.
[6]
Radio frequency emissions. A WCF shall not, by itself or in
conjunction with other WCFs, generate radio frequency emissions in
excess of the standards and regulations of the FCC, including but
not limited to, the FCC Office of Engineering Technology Bulletin
65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure
to Radio Frequency Electromagnetic Fields," as amended. The WCF applicant
shall submit proof of compliance with all applicable standards relating
to radio frequency emissions as part of any complete WCF application.
[7]
Nonconforming wireless support structures. WCFs shall be permitted
to collocate upon existing nonconforming wireless support structures.
Collocation of WCFs upon existing wireless support structures is encouraged
even if the wireless support structure is nonconforming as to use
within a zoning district.
[8]
Indemnification. Each person that owns or operates a WCF shall,
at its sole cost and expense, indemnify, defend and hold harmless
the Borough, its elected and appointed officials, employees and agents,
at all times against any and all claims for personal injury, including
death, and property damage arising in whole or in part from, caused
by or connected with any act or omission of the person, its officers,
agents, employees or contractors arising out of, but not limited to,
the construction, installation, operation, maintenance or removal
of the WCF. Each person that owns or operates a WCF shall defend any
actions or proceedings against the Borough in which it is claimed
that personal injury, including death, or property damage was caused
by the construction, installation, operation, maintenance or removal
of a WCF. The obligation to indemnify, hold harmless and defend shall
include, but not be limited to, the obligation to pay judgments, injuries,
liabilities, damages, reasonable attorneys' fees, reasonable
expert fees, court costs and all other costs of indemnification.
[9]
Noncommercial usage exemption. Borough residents utilizing satellite dishes, citizen and/or band radios, and antennas for the purpose of maintaining television, phone, and/or internet connections at their residences shall be exempt from the regulations enumerated in this § 130-28F(9).
[10]
Maintenance. The following maintenance requirements
shall apply:
[a]
All WCFs shall be fully automated and unattended
on a daily basis and shall be visited only for maintenance, repair
or replacement.
[b]
Such maintenance shall be performed to ensure the
upkeep of the WCF in order to promote the safety and security of the
Borough's residents and in accordance with all applicable Borough,
state and federal regulations.
[c]
All maintenance activities shall utilize nothing
less than the best available technology for preventing failures and
accidents.
(c)
Specific requirements for non-tower wireless communications
facilities.
[1]
The following regulations shall apply to all non-tower WCFs
that do not meet the definition of a small WCF:
[a]
Small WCF exemption. Non-tower WCFs that meet the definition of a small WCF shall be exempt from the requirements of this § 130-28F(9)(a)[2]. Such small WCFs shall be subject only to applicable permitting and the requirements of § 130-28F(9)(e).
[b]
Conditional use authorization required. Any WCF
applicant proposing the construction of a new non-tower WCF, or the
substantial change of an existing non-tower WCF, shall first obtain
a conditional use authorization from the Borough. The conditional
use application shall demonstrate that the proposed facility complies
with all applicable provisions in the Borough of Edgeworth Zoning
Ordinance.
[c]
Development regulations.
[i]
The total height of any wireless support structure
and mounted non-tower WCF shall not exceed 10 feet above the maximum
height permitted in the underlying zoning district, unless the WCF
applicant applies for, and subsequently obtains, a variance.
[ii]
In accordance with industry standards, all non-tower
WCF applicants must submit documentation to the Borough showing that
the proposed non-tower WCF is designed to be the minimum height technically
feasible and justifying the total height of the non-tower WCF. Such
documentation shall be analyzed in the context of such justification
on an individual basis.
[iii]
If the WCF applicant proposes to locate the accessory
equipment in a separate building, the building shall comply with the
minimum requirements for the applicable zoning district.
[iv]
A security fence not to exceed eight feet in height
shall surround any separate communications equipment building. Vehicular
access to the communications equipment building shall not interfere
with the parking or vehicular circulations on the site for the principal
use.
[d]
Design. Non-tower WCF shall employ stealth technology
and be treated to match the wireless support structure in order to
minimize aesthetic impact. The application of the stealth technology
utilized by the WCF applicant shall be subject to the approval of
the Borough.
[e]
Prohibited on certain structures. No non-tower
WCF shall be located on single-family detached residences, single-family
attached residences, semi-detached residences, duplexes, or any residential
accessory structure.
[f]
Where the non-tower WCF is proposed for collocation
on a wireless support structure that is not owned by the WCF applicant,
the WCF applicant shall present documentation to Council that the
owner of the wireless support structure has authorized collocation
of the proposed non-tower WCF.
[g]
Historic buildings. No non-tower WCF may be located
within 100 feet of any property, or on a building or structure that
is listed on either the National or Pennsylvania Registers of Historic
Places, or eligible to be so listed, located within an historic district,
or is included in the official historic structures list maintained
by the Borough.
[h]
Removal. In the event that use of a non-tower WCF
is to be discontinued, the owner shall provide written notice to the
Borough of its intent to discontinue use and the date when the use
shall be discontinued. Unused or abandoned WCF, or portions of WCF,
shall be removed as follows:
[i]
All abandoned or unused WCFs and accessory equipment
shall be removed within 60 days of the cessation of operations at
the site unless a time extension is approved by the Borough.
[ii]
If the WCF or accessory equipment is not removed
within 60 days of the cessation of operations at a site, or within
any longer period approved by the Borough, the WCF and/or associated
facilities and equipment may be removed by the Borough and the cost
of removal assessed against the owner of the WCF.
[i]
Retention of experts. The Borough may hire any
consultant(s) and/or expert(s) necessary to assist the Borough in
reviewing and evaluating the application for approval of the WCF at
its sole discretion and, once approved, in reviewing and evaluating
any potential violations of the terms and conditions of these WCF
provisions. The WCF applicant and/or owner of the WCF shall reimburse
the Borough for all costs of the Borough's consultant(s) in providing
expert evaluation and consultation in connection with these activities.
[j]
Permit fees. The Borough may assess appropriate
and reasonable permit fees directly related to the Borough's
actual costs in reviewing and processing the application for approval
of a non-tower WCF, as well as related inspection, monitoring and
related costs. Such permit fees shall be established by the Borough
Fee Schedule and shall comply with the applicable requirements of
the FCC.
[k]
Insurance. Each person that owns or operates a
non-tower WCF shall annually provide the Borough with a certificate
of insurance evidencing general liability coverage in the minimum
amount of $1,000,000 per occurrence and property damage coverage in
the minimum amount of $1,000,000 per occurrence covering the non-tower
WCF.
[l]
Maintenance. To the extent permitted by law, the
following maintenance requirements shall apply:
[i]
The non-tower WCF shall be fully automated and
unattended on a daily basis and shall be visited only for maintenance
or emergency repair.
[ii]
Such maintenance shall be performed to ensure
compliance with applicable structural safety standards and radio frequency
emissions regulations.
[iii]
All maintenance activities shall conform to industry
maintenance standards.
[m]
Removal, replacement and substantial change.
[i]
The removal and replacement of non-tower WCF and/or
accessory equipment for the purpose of upgrading or repairing the
WCF is permitted, so long as such repair or upgrade does not constitute
a substantial change.
[ii]
Any substantial change to a WCF shall require
notice to be provided to the Borough Zoning Officer, and possible
supplemental permit approval as determined by the Borough Zoning Officer.
[n]
Inspection. The Borough reserves the right to inspect
any WCF to ensure compliance with the provisions of the Zoning Ordinance
and any other provisions found within the Borough Code or state or
federal law. The Borough and/or its agents shall have the authority
to enter the lease area of any property upon which a WCF is located
at any time, upon reasonable notice to the operator, to ensure such
compliance.
[o]
Timing of approval.
[i]
Within 30 calendar days of the date that an application
for a non-tower WCF is filed with the Borough Zoning Officer, the
Borough shall notify the WCF Applicant in writing of any information
that may be required to complete such application.
[ii]
Within 90 days of receipt of a complete application
for a non-tower WCF on a preexisting wireless support structure that
substantially changes the wireless support structure to which it is
attached, the Borough Zoning Officer shall make a final decision on
whether to approve the application and shall notify the WCF applicant
in writing of such decision.
(d)
General and specific requirements for tower-based wireless communications
facilities.
[1]
The following regulations shall apply to all tower-based wireless
communications that do not meet the definition of a small WCF.
[a]
Small WCF exemption. Tower-based WCFs that meet the definition of a small WCF shall be exempt from the requirements of this § 130-28F(9)(d). Such small WCFs shall be subject only to applicable permitting and the requirements of § 130-28F(9)(e).
[b]
Conditional use authorization required. Tower-based WCFs are permitted outside the public rights-of-way by conditional use and at a height necessary to satisfy their function in the WCF applicant's wireless communications system, subject to the requirements of this § 130-28F(9)(d).
[i]
Upon submission of an application for a tower-based
WCF and the scheduling of the public hearing upon the application,
the WCF applicant shall send via First Class Mail notice to all owners
of every property within 500 feet of the proposed facility, advising
of the subject matter and date of such hearing. Such notice shall
be sent 10 days in advance of any such hearing. The WCF applicant
shall provide proof of the notification to Council along with the
list of return receipts received.
[ii]
Prior to Council's approval of a conditional
use authorizing the construction and installation of a tower-based
WCF, it shall be incumbent upon the WCF applicant for such conditional
use approval to prove to the reasonable satisfaction of Council that
the WCF applicant cannot adequately extend or infill its communications
system by the use of equipment such as repeaters, antenna(s) and other
similar equipment installed on existing structures, such as utility
poles or their appurtenances and other available structures. The WCF
applicant shall further demonstrate that the proposed tower-based
WCF must be located where it is proposed in order to serve the WCF
applicant's service area and that no other viable, less-intrusive
alternative location exists.
[iii]
The conditional use application shall include
a site plan, drawn to scale, showing property boundaries, power location,
total height of the tower-based WCF, guy wires and anchors, existing
structures, elevation drawings, typical design of proposed structures,
parking, fences, landscaping and existing uses on adjacent properties.
[iv]
The conditional use application shall be accompanied
by a description of the type and manufacturer of the proposed transmission/radio
equipment, the frequency range (megahertz band) assigned to the WCF
applicant, the power in watts at which the WCF applicant transmits,
and any relevant related tests conducted by the WCF applicant in determining
the need for the proposed site and installation.
[v]
The conditional use application shall include evidence
that a significant gap in wireless coverage or capacity exists with
respect to all wireless operators in the applicable area and that
the type of WCF being proposed is the least intrusive means by which
to fill that gap in wireless coverage. The existence or nonexistence
of a gap in wireless coverage shall be a factor in the Borough's
decision on an application for approval of tower-based WCF.
[vi]
The conditional use application shall also be
accompanied by documentation demonstrating that the proposed tower-based
WCF complies with all state and federal laws and regulations concerning
aviation safety.
[vii]
Where the tower-based WCF is located on a property
that is not owned by the WCF applicant, the WCF applicant shall present
documentation to Council that the owner of the property has granted
an easement or other property right, if necessary, for the proposed
WCF and that vehicular access will be provided to the facility.
[viii]
Prior to the Borough Zoning Officer's issuance
of a zoning permit authorizing construction and erection of a tower-based
WCF, a structural engineer licensed in the Commonwealth of Pennsylvania
shall issue to the Borough Zoning Officer a written certification
of the proposed WCF's ability to meet the structural standards
offered by either the Electronic Industries Association or the Telecommunication
Industry Association and certify the proper construction of the foundation
and the erection of the structure. This certification shall be provided
as part of the conditional use application.
[ix]
An application for a new tower-based WCF shall
demonstrate that the proposed tower-based WCF cannot be accommodated
on an existing wireless support structure. Council may deny an application
to construct a new tower-based WCF if the WCF applicant has not made
a good faith effort to mount the antenna(s) on an existing wireless
support structure. The WCF applicant shall demonstrate that it contacted
the owners of tall structures, buildings, and towers within a one-mile
radius of the site proposed, sought permission to install an antenna
on those structures, buildings, and towers and was denied for one
of the following reasons:
[A]
The proposed antenna and accessory equipment would
exceed the structural capacity of the existing building, structure
or tower, and its reinforcement cannot be accomplished at a reasonable
cost.
[B]
The proposed antenna and accessory equipment would
cause radio frequency interference with other existing equipment for
that existing building, structure, or tower and the interference cannot
be prevented at a reasonable cost.
[C]
Such existing buildings, structures, or towers
do not have adequate location, space, access, or height to accommodate
the proposed equipment or to allow it to perform its intended function.
[D]
A commercially reasonable agreement could not be
reached with the owner of such building, structure, or tower.
[x]
The conditional use application shall also be accompanied
by documentation demonstrating that the proposed tower-based WCF complies
with all applicable provisions of this chapter.
[c]
Development regulations.
[i]
Tower-based WCFs shall not be located in, or within
100 feet of an area in which all utilities are located underground.
[iii]
Sole use on a lot. A tower-based WCF shall be
permitted as a sole use on a lot, provided that the underlying lot
is a minimum of 6,000 square feet.
[iv]
Combined with another use. A tower-based WCF may
be permitted on a property with an existing use, or on a vacant parcel
in combination with another use, except residential, subject to the
following conditions:
[A]
The existing use on the property may be any permitted
use in the applicable district and need not be affiliated with the
WCF.
[B]
Minimum lot area. The minimum lot shall comply
with the requirements for the applicable zoning district and shall
be the area needed to accommodate the tower-based WCF and guy wires,
the equipment building, security fence, and buffer planting.
[d]
Design regulations.
[i]
Height. Any tower-based WCF shall be designed at
the minimum functional height. The maximum total height of a tower-based
WCF which is not located in the public ROW shall not exceed 10 feet
higher than the height permitted in the appropriate zoning classification,
as measured vertically from the ground level to the highest point
on the tower-based WCF, including antennas and subsequent alterations.
[ii]
Visual appearance and land use compatibility.
Tower-based WCF shall employ stealth technology which may include
the wireless support structure being painted a certain color as approved
by Council or utilizing a galvanized finish. All tower-based WCFs
and accessory equipment shall be aesthetically and architecturally
compatible with the surrounding environment and shall maximize the
use of a like facade to blend with the existing surroundings and neighboring
buildings to the greatest extent possible. Council shall consider
whether its decision upon the subject application will promote the
harmonious and orderly development of the zoning district involved;
encourage compatibility with the character and type of development
existing in the area; prevent a negative impact on the aesthetic character
of the community; preserve woodlands and trees existing at the site
to the greatest possible extent; and encourage sound engineering and
land development design and construction principles, practices and
techniques.
[iii]
Anti-climbing device. Any tower-based WCF over
40 feet in height shall be equipped with an anti-climbing device,
as approved by the manufacturer.
[iv]
Minimum setbacks. The minimum distance between
the base of a tower-based WCF and any adjoining property line or street
right-of-way line shall equal 100% of the proposed WCF structure's
height or the applicable principal building setback, whichever is
greater, unless the applicant shows to the satisfaction of Council
that the proposed tower-based WCF has been designed in such a manner
that a lesser setback will have no negative effects on public safety.
[e]
Surrounding environs.
[i]
The WCF applicant shall ensure that the existing
vegetation, trees and shrubs located within proximity to the WCF structure
shall be preserved to the maximum extent possible.
[ii]
The WCF applicant shall submit a soil report to
Council complying with the standards of Appendix I: Geotechnical Investigations,
ANSI/TIA-222, as amended, to document and verify the design specifications
of the foundation of the Tower-Based WCF, and anchors for guy wires,
if used.
[f]
Fence/screen.
[i]
A security fence having a height not to exceed
eight feet shall completely surround any tower-based WCF located outside
the public rights-of-way, as well as guy wires, or any building housing
WCF equipment.
[ii]
Landscaping shall be required to screen as much
of a newly constructed tower-based WCF as possible. Council may permit
any combination of existing vegetation, topography, walls, decorative
fences or other features instead of landscaping, if, in the discretion
of Council, they achieve the same degree of screening. Existing vegetation
shall be preserved to the maximum extent possible.
[g]
Accessory equipment.
[i]
Ground-mounted accessory equipment associated or
connected with a tower-based WCF shall not be located within 50 feet
of a lot in residential use.
[ii]
Accessory equipment associated, or connected,
with a tower-based WCF shall be placed underground or screened from
public view using stealth technology. All ground-mounted accessory
equipment, utility buildings and accessory structures shall be architecturally
designed to blend into the environment in which they are situated
and shall meet the minimum setback requirements of the underlying
zoning district.
[iii]
Either one single-story wireless communications
equipment building not exceeding 500 square feet in area or its equivalent
may be permitted for each unrelated company sharing commercial communications
antenna(s) space on the tower-based WCF outside of the public ROW.
[h]
Additional antennas. As a condition of approval for all tower-based WCFs, the WCF applicant shall provide Council with a written commitment that it will allow other service providers to collocate antennas on the tower-based WCF where technically and economically feasible. To the extent permissible under state and federal law, the owner of a tower-based WCF shall not install any additional antennas without complying with the applicable requirements of this § 130-28F(9)(d).
[i]
FCC license. Each person that owns or operates
a tower-based WCF shall submit a copy of its current FCC license,
including the name, address, and Emergency telephone number for the
operator of the facility.
[j]
Inspection. The Borough reserves the right to inspect
any tower-based WCF to ensure compliance with the Zoning Ordinance
and any other provisions found within the Borough Code or state or
federal law. The Borough and/or its agents shall have the authority
to enter the lease property upon which a WCF is located at any time,
upon reasonable notice to the operator, to ensure such compliance.
[k]
Signs. All tower-based WCFs shall post a sign in
a readily visible location identifying the name and phone number of
a party to contact in the event of an emergency. The only other signage
permitted on the WCF shall be those required by the FCC, or any other
federal or state agency.
[l]
Lighting. No tower-based WCF shall be artificially
lighted, except as required by law. If lighting is required, the WCF
applicant shall provide a detailed plan for sufficient lighting, demonstrating
as unobtrusive and inoffensive an effect as is permissible under state
and federal regulations. The WCF applicant shall promptly report any
outage or malfunction of FAA-mandated lighting to the appropriate
governmental authorities and to the Borough Secretary.
[m]
Noise. Tower-based WCFs shall be operated and maintained
so as not to produce noise in excess of applicable noise standards
under state law and the Borough Code, except in emergency situations
requiring the use of a backup generator, where such noise standards
may be exceeded on a temporary basis only.
[n]
Storage. The storage of unused equipment, materials
or supplies is prohibited on any tower-based WCF site.
[o]
Repair of nonconforming tower-based WCF. Nonconforming
tower-based WCFs which are hereafter damaged or destroyed due to any
reason or cause may be repaired and restored at their former location
but must otherwise comply with the terms and conditions of this section.
The collocation of antennas is permitted on nonconforming structures.
[p]
Removal. In the event that use of a tower-based
WCF is planned to be discontinued, the owner shall provide written
notice to the Borough of its intent to discontinue use and the date
when the use shall be discontinued. Unused or abandoned WCF or portions
of WCF shall be removed as follows:
[i]
All unused or abandoned tower-based WCFs and accessory
equipment shall be removed within 90 days of the cessation of operations
at the site unless a time extension is approved by the Borough.
[ii]
If the WCF and/or accessory equipment is not removed
within 90 days of the cessation of operations at a site, or within
any longer period approved by the Borough, the WCF and accessory facilities
and equipment may be removed by the Borough and the cost of removal
assessed against the owner of the WCF.
[iii]
Any unused portions of tower-based WCFs, including
antennas, shall be removed within 90 days of the time of cessation
of operations. The Borough must approve all replacements of portions
of a tower-based WCF or pole facility previously removed.
[q]
Permit fees. The Borough may assess appropriate
and reasonable permit fees directly related to the Borough's
actual costs in reviewing and processing the application for approval
of a tower-based WCF, as well as related inspection, monitoring, and
related costs. Such permit fees shall be established by the Borough
fee schedule and shall comply with the applicable requirements of
the FCC.
[r]
Insurance. Each person that owns or operates a
tower-based WCF shall provide the Borough Zoning Officer with a certificate
of insurance evidencing general liability coverage in the minimum
amount of $5,000,000 per occurrence and property damage coverage in
the minimum amount of $5,000,000 per occurrence covering the tower-based
WCF.
[s]
Engineer signature. All plans and drawings for
a tower-based WCF shall contain a seal and signature of a professional
structural engineer, licensed in the Commonwealth of Pennsylvania.
[t]
Timing of approval.
[i]
Within 30 calendar days of the date that an application
for a tower-based WCF is filed with the Borough Zoning Officer, the
Borough shall notify the WCF applicant in writing of any information
that may be required to complete such application.
[ii]
Within 150 days of receipt of a complete application
for a tower-based WCF, Council shall make a decision to approve or
deny the proposed tower-based WCF and the Borough Zoning Officer shall
issue the required building and zoning permits authorizing construction
of the WCF.
(e)
Regulations applicable to all small wireless communications
facilities. The following regulations shall apply to small wireless
communications facilities:
[1]
Application requirements.
[a]
Small WCFs inside the public rights-of-way are a permitted use in all Borough zoning districts, subject to the requirements of this § 130-28F(9) and generally applicable permitting as required by the Borough Code. Applications for small WCFs shall be submitted to the Borough Zoning Officer.
[b]
Small WCFs outside the public rights-of-way are permitted by right in all Borough zoning districts except residential zoning districts, subject to the requirements of this § 130-28F(9) and generally applicable permitting as required by the Borough Code. Applications for small WCFs shall be submitted to the Borough Zoning Officer.
[c]
An application for a small WCF shall include the
following:
[i]
Documentation that includes construction and engineering drawings demonstrating compliance with the requirements of this § 130-28F(9);
[ii]
Self-certification that the filing and approval
of the application is required by the WCF applicant to provide additional
capacity or coverage for wireless services;
[iii]
Documentation demonstrating compliance with the
requirements of the Small Wireless Communications Facility Design
Manual and a completed Small Wireless Communications Facility Design
Checklist;
[iv]
If the small WCF will require the installation
of a new wireless support structure, documentation showing that the
WCF applicant has made a good faith determination that it cannot meet
the service reliability and functional objectives of the application
by collocating on an existing wireless support structure. Such determination
shall be based on whether the WCF applicant can meet the service objectives
of the application by collocating on an existing wireless support
structure on which:
[v]
Documentation showing that the small WCF does not
materially interfere with the safe operation of traffic control equipment,
sight lines or clear zones for transportation or pedestrians or compliance
with the Americans with Disabilities Act of 1990 (Public Law 101-336,
104 Stat. 327) or similar Federal or State standards regarding pedestrian
access or movement; and
[vi]
A report prepared by a qualified engineering expert
which shows that the small WCF will comply with all applicable FCC
regulations, including but not limited to those relating radiofrequency
emissions.
[2]
Applications not required. The Borough shall not require an
application for:
[a]
Routine maintenance or repair work;
[b]
The replacement of small WCFs with small WCFs that
are substantially similar or the same size or smaller and still qualify
as a small WCF; or
[c]
The installation, placement, maintenance, operation
or replacement of micro wireless facilities that are strung on cables
between existing utility poles by or for a WCF applicant that is authorized
to occupy the right-of-way, in compliance with the National Electrical
Safety Code.
[3]
Location and development standards.
[a]
Small WCF in the public ROW requiring the installation
of a new wireless support structure shall not be located in front
of any building entrance or exit.
[b]
All small WCFs shall be installed and maintained
so as not to obstruct nor hinder travel or public safety within the
right-of-way.
[c]
All small WCF shall comply with all Borough Code
requirements applicable to streets and sidewalks.
[4]
Historic buildings. No small WCF may be located within 100 feet
of any property, or on a building or structure that is listed on either
the National or Pennsylvania Registers of Historic Places, or eligible
to be so listed, located within an historic district, or is included
in the official historic structures list maintained by the Borough.
[5]
Time, place and manner. The Borough shall determine the time,
place and manner of construction, maintenance, repair and/or removal
of all small WCF in the ROW based on public safety, traffic management,
physical burden on the ROW, and related considerations.
[6]
Private property. If a small WCF is to be located outside of
the public ROW, or if any part of a small WCF located in the public
ROW will encroach upon private property, the WCF applicant shall provide
the Borough Zoning Officer with evidence that the owner of such private
property has granted permission for the construction of the small
WCF.
[7]
Minimum setbacks. The minimum distance between the base of a
small WCF, located outside of the public ROW, that requires the installation
of a new wireless support structure and any adjoining property line
or street right-of-way line shall be equal to 100% of the height of
the small WCF, unless the WCF applicant provides evidence that a lesser
setback shall have no potential negative effect on public safety.
[8]
Accessory equipment. Small WCF and accessory equipment shall
be located so as not to cause any physical or visual obstruction to
pedestrian or vehicular traffic, create safety hazards to pedestrians
and/or motorists, or to otherwise inconvenience public use of the
ROW as determined by the Borough.
[9]
Graffiti. Any graffiti on a small WCF, including the wireless
support structure and any accessory equipment, shall be removed at
the sole expense of the owner within 30 days of notification by the
Borough.
[10]
Design standards. All small WCF in the Borough
shall comply with the requirements of the Borough Small Wireless Communications
Facility Design Manual. A copy of such shall be kept on file at the
Borough Zoning Office.
[11]
Timing of approval.
[a]
Within 10 calendar days of the date that an application
for a small WCF is filed with the Borough Zoning Officer, the Borough
shall notify the WCF applicant in writing of any information that
may be required to complete such application.
[b]
Within 60 days of receipt of an application for
collocation of a small WCF on a preexisting wireless support structure,
the Borough Zoning Officer shall make a final decision on whether
to approve the application and shall notify the WCF applicant in writing
of such decision.
[c]
Within 90 days of receipt of an application for
a small WCF requiring the installation of a new wireless support structure,
the Borough Zoning Officer shall make a final decision on whether
to approve the application and shall notify the WCF applicant in writing
of such decision.
[d]
If the Borough denies an application for a small
WCF, the Borough shall provide the WCF applicant with written documentation
of the basis for denial, including the specific provisions of the
Borough Code on which the denial was based, within five business days
of the denial.
[e]
The WCF applicant may cure the deficiencies identified
by the Borough and resubmit the application within 30 days of receiving
the written basis for the denial without being required to pay an
additional application fee. The Borough shall approve or deny the
revised application within 30 days of the application being resubmitted
for review.
[12]
Consolidated application.
[a]
A WCF applicant may submit a consolidated application
for collocation of multiple small WCFs. The consolidated application
shall not exceed 20 small WCFs.
[b]
A WCF applicant may not submit more than one consolidated
application in a single thirty-day period.
[c]
If a WCF applicant submits more than one consolidated
application in a forty-five-day period, the applicable processing
deadline shall be extended 15 days in addition to the processing deadline
specified in Subsection F(9)(e)[ii] above.
[13]
Completion of work. All construction work relating to the small WCF for which a permit is granted under this § 130-28F(9)(e) shall be completed within one year of the date of issuance of the permit.
[14]
Repair and restoration.
[a]
The WCF applicant shall repair all damage to the
ROW or any other land so disturbed, directly caused by the activities
of the WCF applicant or the WCF applicant's contractors and return
the ROW to as good of condition as it existed prior to any work being
done in the ROW by the WCF applicant or the WCF applicant's contractors.
[b]
If the WCF applicant fails to make the repairs
required by the Borough within 30 days after written notice, the Borough
may perform those repairs and charge the WCF applicant the reasonable,
documented cost of the repairs plus a penalty of $500.
[c]
The Borough may suspend the ability of the WCF
applicant to receive new permits until the WCF applicant has paid
the amount assessed for the repair costs and the assessed penalty.
[15]
Relocation or removal of facilities.
[a]
Within 60 days of suspension or revocation of a
permit due to noncompliance with the requirements of the Borough Code,
the WCF applicant shall remove the small WCF and any accessory equipment,
including the wireless support structure if the WCF applicant's
WCF(s) are the only facilities on the wireless support structure.
[b]
Within 90 days of the end of a permit term, the
WCF applicant shall remove the small WCF and any accessory equipment,
including the wireless support structure if the WCF applicant's
WCF(s) are the only facilities on the wireless support structure.
[c]
Following written notice from the Borough, or such
longer period as the Borough determines is reasonably necessary or
such shorter period in the case of an emergency, the WCF applicant
shall, at its own expense, temporarily or permanently remove, relocate,
change or alter the position of any small WCF when the Borough, consistent
with its police powers and applicable Public Utility Commission regulations,
shall determine that such removal, relocation, change or alteration
is reasonably necessary under the following circumstances:
[i]
The construction, repair, maintenance or installation
of any Borough or other public improvement in the right-of-way;
[ii]
The operations of the Borough or other governmental
entity in the right-of-way;
[iii]
Vacation of a street or road or the release of
a utility easement; or
[iv]
An emergency as determined by the Borough.
[16]
Reimbursement for ROW use. In addition to permit
fees as described in this section, every small WCF in the ROW is subject
to the Borough's right to fix annually a fair and reasonable
fee to be paid for use and occupancy of the ROW. Such compensation
for ROW use shall be directly related to the Borough's actual
ROW management costs, including, but not limited to, the costs of
the administration and performance of all reviewing, inspecting, permitting,
supervising and other ROW management activities by the Borough. The
owner of each small WCF shall pay an annual fee to the Borough to
compensate the Borough for the Borough's costs incurred in connection
with the activities described above. Such fees shall comply with the
applicable requirements of the Federal Communications Commission.
(10)
Self-storage facility, conditional use in the
C-1 District.
(a)
The minimum site area required shall be two
acres.
(b)
Vehicular access to the site shall be limited
to one two-way or two one-way driveways from each arterial or collector
street on which the site has frontage.
(c)
All interior driveways shall be paved with an
asphalt or similar surface sufficient for the loads the driveways
are expected to bear.
(d)
Parking shall be provided in accordance with
the following:
[1]
Two spaces for manager's quarters, if any;
[2]
One space for each 25 storage units which spaces
shall be located near the manager's quarters or office to be used
by prospective customers;
[3]
One space for each 10 storage units equally
distributed throughout the storage area to be used by the customers.
(e)
The perimeter of the site shall be fenced with
a minimum eight-foot high chain link fence with self-latching gate.
If an outside storage area is proposed, the fence around the outside
storage area shall be supplemented with screening material which creates
a visual barrier that is at least 80% opaque.
(f)
Maximum building height shall be 15 feet.
(g)
The maximum length of any storage building shall
be 200 feet.
(h)
The minimum distance between storage buildings
shall be 20 feet.
(i)
Maximum lot coverage by all buildings shall
be 40%.
(j)
Office space may be provided which shall not
exceed 5% of the total area devoted to storage.
(k)
Storage units shall not be equipped with water
or sanitary sewer service.
(l)
No business activity other than rental of storage
units shall be conducted on the premises and no exterior storage shall
be permitted.
(m)
Operations shall be regulated so that nuisances
such as visual blight, glare, noise, blowing debris or dust shall
not be created.
(n)
Exterior finishes of the storage units shall
be compatible with the character of development on adjoining properties.
(o)
No sign shall be placed on the buildings or
on their rooftops.
(p)
Both the landlord and the tenants shall be responsible
for prevention of the storage of hazardous materials or substances
in the storage buildings.
(11)
Gas resource development as a conditional use in a C-1 and C-2
District. All gas resource development must comply with the following:
[Added 3-8-2011 by Ord. No. 522; 1-21-2020 by Ord. No. 553; 7-20-2021 by Ord. No. 555]
(a)
General requirements.
[1]
Where gas resources development constitutes a land development
pursuant to Borough ordinances, all provisions of the applicable Borough
ordinances shall apply, except as preempted by state or federal law.
[2]
The applicant shall provide a description of plans for the transportation
of materials and equipment to construct, operate and maintain the
gas resources development facility. Such description shall include
a map showing the planned vehicular access route to the gas resources
development site indicating all state, county and local roads and
transportation infrastructure that may be used. The proposed routes
must be designed to minimize the impact on streets within the Borough.
The Borough reserves the right to designate reasonable required truck
hauling routes consistent with Borough ordinances, rules and regulations,
as well as the Pennsylvania Motor Vehicle Code and Pennsylvania Department
of Transportation.
[3]
Prior to the commencement of any activity on the gas resources
development site, the applicant shall enter into a Borough roadway
maintenance and repair agreement. Such agreement will be in a form
acceptable to the Borough and will require the posting of a bond at
the paved highway rate in favor of the Borough prior to beginning
any work at a gas resources development site. The bond is to guarantee
restoration of Borough roads damaged as a result of hauling and any
other activity associated with the gas resources development.
[4]
The applicant shall reimburse the Borough for an inventory analysis
and evaluation of existing road conditions on Borough roads along
the proposed transportation route identified by the Borough, including
photography video and core boring as determined to be necessary by
the Borough Engineer. The Borough roadway maintenance and repair agreement
will identify the responsibilities of the applicant to prepare, maintain
and repair Borough roads before, during and immediately after drilling
and other operations associated with the gas resources development.
The applicant shall take all necessary corrective action and measures
as directed by the Borough pursuant to the agreement to ensure the
roadways are repaired and maintained during and immediately after
drilling and other operations associated with the gas resources development.
[5]
The applicant shall take the necessary safeguards to ensure
that the Borough roads utilized remain free of dirt, mud and debris
resulting from development activities and/or shall ensure such roads
are promptly swept or cleaned if dirt, mud and debris occur.
[6]
Access road or driveway.
[a]
Beginning with its intersection with a public street,
any access road or driveway for the development or drill site shall
be paved with an impervious material for the first 50 feet and consist
of the following material:
|
Compacted subgrade
|
|
PADOT Class 4 geotextile fabric
|
|
8" AASHTO #2 crushed aggregate base course
|
|
2" PADOT 2A aggregate (choke material)
|
|
4" Compacted - superpave 25mm binder course
|
[b]
The remainder of the driveway to the well pad shall
be constructed with the following material:
|
Compacted subgrade
|
|
8" AASHTO #2 crushed aggregate base course
|
|
2" PADOT 2A aggregate (choke material)
|
[7]
An off-street area within the development site for vehicles
to stand while gaining access to the gas well site shall be provided
so that the normal flow of traffic on the public street is undisturbed.
[8]
The applicant shall take all necessary precautions to ensure
the safety of persons in areas established for road crossing and/or
adjacent to roadways. During periods of anticipated heavy or frequent
truck traffic associated with the development, the applicant will
provide flagmen to ensure the safety of motorists and pedestrians
and take measures that may include adequate signs and/or other warning
measures for truck and vehicular traffic.
[9]
The applicant shall have obtained permits from the appropriate
regulatory agencies or authorities issued in accordance with all applicable
laws and regulations for the proposed use. The applicant shall provide
the Borough with copies of each such permit application, with copies
of all supporting documentation. All permits must be maintained during
the use of the gas resources development. Any suspension or revocation
of a required permit shall void any special exception approval and
require a new application.
[10]
Prior to development, the applicant shall provide
to the Borough a PA DEP approved Preparedness Prevention and Contingency
CTPC Plan that clearly outlines and describes all emergency planning
associated with the gas resources development.
[11]
Upon request of the Borough Emergency Management
Coordinator, the applicant will, prior to drilling its first gas well
in the Borough, make available with at least 30 days' notice
(at the applicant's sole cost and expense) one appropriate group
training program for emergency responders. Such training shall be
made available at least annually during any year that drilling activities
take place at the gas resources development site.
[12]
Any equipment or material stored outside or in
an enclosed structure being used as an incidental part of the primary
operation shall be screened by opaque ornamental fencing walls or
evergreen plant material in order to minimize visibility from any
adjacent property or public road. All drill site pads and impoundment
ponds shall be secured with a temporary fence with secured gates as
follows:
[13]
The applicant shall provide certification that
a bond is held by the Pennsylvania Department of Environmental Protection
DEP to ensure proper plugging when the well is classified as inactive
by the DEP.
[14]
All drilling operations shall be conducted in such a manner to minimize dust, vibration or noxious odors and shall be consistent with the best accepted practices incident to drilling for oil or gas in urban/suburban areas, and shall also be in compliance with the Zoning Ordinance, including the performance standards for vibration contained in § 130-47 of the Zoning Ordinance. All equipment used shall be constructed and operated so that vibrations, dust, odor or other harmful or annoying effects are minimized by the operations carried on at the drill site or structures thereon shall not be permitted to become dilapidated, unsightly or unsafe. Proven technological improvements in industry standards of drilling shall be adopted as they become available if capable of reducing factors of dust vibration and odor; watering, wetting or other methods or materials must be used to control dust adjacent to occupied properties.
[15]
No operation of heavy equipment, trucks, or drilling
or pumping apparatus shall be conducted between the hours of 7:00
p.m. and 7:00 a.m. daily, or on Sundays or holidays, except by special
permission issued by the Borough Manager. Permission will generally
only be granted in emergency situations.
[16]
Temporary structures on the gas resource development site shall be limited to construction trailers, field office and any structure directly ancillary to the drilling operation. Temporary housing, dormitories and sleeping facilities shall be strictly prohibited. A temporary use permit shall be acquired from the Borough prior to placement of any temporary structure in accordance with § 130-28G(5).
[17]
The Borough shall be provided the name of the
person supervising the drilling operation and a phone number where
such person can be reached 24 hours a day. In addition, the applicant
shall provide the Borough with a list of contractors and subcontractors
who will be accessing the well site. The applicant shall notify such
contractors and subcontractors that they will be responsible for and
shall remedy any damages they may cause to public or private properties
within the Borough. In the event the Borough notifies the applicant
of a damage claim, the applicant will cooperate with the Borough in
identifying the potentially responsible contractor or subcontractor.
[18]
The access driveway off the public road to the
drill site shall be gated at the entrance to prevent illegal access
into the drill site. The drill site assigned address shall be clearly
visible on the access gate for emergency 911 purposes. In addition,
the sign shall include the well name and number, name of the operator
and the telephone number for a person responsible who may be contacted
in case of emergency. In lieu of a gate, the operator can provide
24/7 security on sites during the drilling operation.
[19]
Lighting. No drill site lighting used for or associated
with the drilling operation shall be positioned or directed in such
a manner so that it shines directly upon public roads, adjacent property
or property in the general vicinity of the drill site. Site lighting
shall be directed downward and shielded so as to avoid glare on public
roads and adjacent properties. A lighting plan shall be submitted
with the application that demonstrates compliance.
[20]
Noise. All operations shall comply with the Borough's performance standards for noise contained in § 130-50 of the Zoning Ordinance. The Borough may require acoustical blankets, sound walls, mufflers or other alternative methods to ensure compliance depending on the location of a proposed drill site to adjacent residential properties. Prior to beginning the drill operation, the applicant shall establish the residential or background noise level baseline; the baseline shall be established over a seventy-two-hour period with at least one twenty-four-hour reading on a Saturday or Sunday. A noise consultant/engineer mutually agreed upon by the Borough and owner/operator will be responsible for determining the residual background noise level baseline. The applicant, owner/operator shall be responsible for all costs associated with the noise consultant/engineer.
[21]
Fluid storage. With respect to unconventional
wells (as that term is defined in 25 Pa. Code § 78a.1),
unless a permit has been obtained under 25 Pa. Code § 78a.60(a)
(relating to discharge requirements), the operator shall collect the
brine and other fluids produced during operation of the well in a
tank or a series of tanks, or other device approved by the Department
for subsequent disposal or reuse. Open top structures may not be used
to store brine and other fluids produced during operation of a well.
[22]
Condensate. The operator shall operate and maintain
a vapor recovery unit or vapor destruction unit or other available
and feasible means to eliminate vapors emitted from any condensation
tanks at the wellsite.
(b)
Additional requirements.
[1]
Water management plan. For drilling and completion operations,
to the extent that the same is not otherwise included or provided
on copies of applications for permits from the Commonwealth of Pennsylvania
or other governmental units and herewith submitted or where no such
permit is required, the applicant shall provide a water withdrawal
plan for the development identifying the source of water, how many
gallons will be used and withdrawn each day, the origination of the
water, proposed truck routes, and all permits issued by the Commonwealth
of Pennsylvania or any other governmental body. If the development
is to be supplied by way of waterlines, the locations of all proposed
waterlines are to be identified. The site for the treatment and disposal
of the water shall also be identified. The applicant is required to
use best management practices.
[2]
Waste disposal plan. For drilling and completion operations,
to the extent that the same is not otherwise included or provided
on copies of applications for permits from the Commonwealth of Pennsylvania
or other governmental units and herewith submitted or where no such
permit is required, the applicant shall identify the means and availability
of the site for disposal of cuttings, fracturing fluids, oil, toxic
materials, hazardous materials, and other waste products. In no event
shall the on-site burial or other disposal of drilling residuals or
hydraulic fracturing chemicals or residuals be permitted.
[3]
Noise management plan:
[a]
An acoustics study shall be prepared and submitted
with the application. The study shall be prepared by an acoustics
expert(s) acceptable to the Borough. The study shall identify the
existing background level of noise and the anticipated noise impact
from the proposed use. The report shall contain measures of existing
ambient measurements, estimates of the noise measurements to be anticipated
from the type of operations and equipment that are proposed for the
use and if there are any significant increases in those noise levels.
The report shall also contain specific proposals that are intended
to reduce noise levels emanating off the site.
[b]
The study shall be based upon actual sound level
measurements and estimates of potential noise impact at the property
lines of the site of the proposed use; or the applicant/developer
shall submit a statement prepared by an engineer warranting that the
nature of the use will produce no impact on acoustics, in regards
to the standards of this Section.
[4]
Environmental impact analysis. To the extent that the same is
not otherwise included or provided within copies of applications for
permits from the Commonwealth of Pennsylvania or other governmental
units and herewith submitted or where no such permit is required,
the applicant shall provide an environmental impact analysis. The
environmental impact analysis shall describe, identify and analyze
all environmental aspects of the site and of neighboring properties
that may be affected by the proposed operations or the ultimate use
proposed to be conducted on the site. The limits of the impact area
to be studied shall be reviewed and approved by the Planning Commission
and the Borough Council. The environmental impact study shall include,
but not be limited to, all critical impact areas on or off-site that
may be impacted by the proposed or ultimate use of the facility, including
the impact on the critical areas (defined below), the protective measures
and procedures to protect the critical areas from damage, and the
actions to be taken to minimize environmental damage to the critical
areas on the site and surrounding areas during and after completion
of the operation. Critical areas include, but are not limited to:
stream corridors; streams; wetlands; slopes in excess of 25%; sites
where there is a history of adverse subsurface conditions or where
available soils information or other geotechnical data, including
data from the Bureau of Mines indicates the potential for landslides,
subsidence or other subsurface hazards; highly acidic or erodible
soils; carbonate or highly fractured bedrock; aquifer recharge and
discharge areas; areas of unique or protected vegetation, wildlife
habitat, and areas of historic, cultural and/or archaeological significance.
[5]
Air quality study. To the extent that the same is not otherwise
included or provided within copies of applications for permits from
the Commonwealth of Pennsylvania or other governmental units and herewith
submitted or where no such permit is required, the applicant shall
provide an air quality study. The study shall be prepared by experts
acceptable to the Borough and submitted with the application and shall
include an analysis of the existing and predicted air quality levels,
including smoke, odors, fumes, dust, and pollutants at the site. This
report shall contain the sources of the information, the data and
background tests that were conducted and the conclusions and recommendations
of the professionals preparing the report that would be required to
maintain the air quality at a level equal to or better than the existing
background level prior to the proposed use; or the applicant/developer
shall submit a statement prepared by an engineer warranting that the
nature of the use will produce no impact on air quality.
[6]
Hydrological study. To the extent that the same is not otherwise
included or provided within copies of applications for permits from
the Commonwealth of Pennsylvania or other governmental units, and
herewith submitted or where no such permit is required, the applicant
shall provide a hydrological study. The study shall be prepared by
a hydrogeologist acceptable to the Borough. The study shall evaluate
the existing surface and subsurface hydrogeology, based upon historical
data and on-site investigation and studies. The study shall identify
groundwater discharge and recharge areas that may be affected by the
proposed use, map the groundwater table and analyze and delineate
the effects of the proposed use on the hydrology, including surface
and ground water quantity and quality. Acceptance of the study is
subject to final approval by the Borough Council.
[7]
The applicant shall provide any and all waivers from owners
of occupied structures or water wells to the extent they are required
to be obtained by state law.
[8]
Pre-development and post-development soil testing. Prior to
beginning any oil and gas development activities, the operator shall
be responsible for testing soil conditions within 300 feet each well
site. The purpose of testing is to determine the baseline soil conditions
surrounding the proposed well site and address resultant changes that
may occur or have an impact on the soils of the site and surrounding
area.
[a]
Pre-drilling testing results shall be submitted
as part of the conditional use application.
[b]
Post-hydraulic fracturing testing shall be completed
no sooner than one month after hydraulic fracturing activities have
ceased and no later than two months after hydraulic fracturing activities
have ceased.
[c]
The results shall be submitted to the Borough within
10 days of their receipt.
[d]
The operator shall be responsible for all costs
associated with testing and testing shall be done by an independent
state-certified testing laboratory agreed upon by the Borough.
[9]
Scheduling. The applicant shall provide a schedule with the
application indicating the anticipated beginning and ending dates
for the following activities:
[10]
Insurance. Applicant shall furnish to the Borough
a certificate of liability insurance naming the Borough as an additional
insured with respect to operations conducted within the Borough, showing
proof of liability insurance covering commercial, personal injury,
and general liability in amounts not less than $25,000,000 per occurrence.
The applicant shall fully defend, protect, indemnify, and hold harmless
the Borough, its departments, agents, officers, employees, or volunteers
from and against such and every claim, except for those claims relating
to any negligent, willful or intentional acts of the Borough, its
department, agents, officers, employees, or volunteers. The insurance
coverage may consist of a combination of self-insurance, excess coverage
and umbrella coverage.
[11]
First responders. Before seeking granting a permit,
the Borough and the applicant shall ascertain whether the Borough's
first responders have secured adequate information to deal with any
potential dangerous conditions that may result due to development
activities. First responders shall have on-site orientation and be
provided adequate awareness information. Upon request from the Borough,
the owner/operator will, prior to drilling of an oil and gas well,
make available with at least 30 days' notice, at its sole cost
and expense, an appropriate site orientation for first responders.
Such site orientation shall be made available at least annually during
a period when the owner/operator anticipates drilling activities in
the Borough. In addition, at the owner/operator's expense, the
owner/operator shall facilitate training of the Borough's first
responders by a company that performs said functions on a daily basis,
during its course and scope of business.
[12]
Inspections. A duly authorized representative
of the Borough shall have the authority in relation to the enforcement
of this chapter to enter upon the property of a development or facility
for the purpose of inspecting aspects of the site necessary to assure
compliance with this chapter.
[13]
Geophysical exploration.
[a]
For any areas of the Borough where the applicant
intends to conduct seismic testing, a licensed geologist must provide
a report regarding the ability of the land to subside due to the proposed
operations. This report must detail the amount of risk of seismic
activity because of existing subsurface conditions and with the introduction
of drilling and fracking.
[b]
The applicant shall post a bond or other security
in a form to be approved by the Borough in the amount of $2,000,000
to cover the cost of any damages as a result of seismic testing.
[c]
Seismic testing may not be conducted upon Borough
roadways without the prior written consent of Borough Council. Seismic
testing on Borough roadways shall only be permitted if the applicant
submits a report from a licensed geologist stating that the testing
will not result in any adverse impact to the roadways and posts the
bond described in Subsection F(11)(b)[13][b], above.
[d]
Seismic testing may only be conducted on private
property with the consent of the property owner. The applicant shall
submit redacted copies of agreements demonstrating its permission
to conduct seismic testing on private property.
[e]
Seismic testing may only be conducted between the
hours of 9:00 a.m. and 5:00 p.m., Monday through Saturday. It shall
be unlawful to conduct seismic testing any time on Sundays or on a
federally recognized holiday.
[14]
Setback/location.
[a]
Oil and gas well pads shall comply with all setback,
screening and bufferyard requirements of the zoning district in which
the pad/well is located.
[b]
In construction of the oil and gas well/pad, the
natural surroundings should be considered and attempts made to minimize
impacts to adjacent properties.
[c]
In accordance with Act 13 of 2012, conventional
wells may not be drilled within 200 feet, or, in the case of an unconventional
gas well, 500 feet, measured horizontally from the vertical well bore
to a building or water well without written consent of the owner of
the building or water well.
[15]
Notification of past violations. Any applicant
for gas resources development shall submit a complete list of violations
for the past five years issued to it by DEP or any other environmental
regulatory body exercising jurisdiction over the applicant.
[16]
Ten-year master plan. The applicant shall provide
a ten-year master plan describing and plotting all well pads, transmission
lines, compression stations, processing plants, storage facilities,
transportation facilities and other related infrastructure built,
planned and anticipated by the applicant or related third parties
of the applicant.
[17]
Amendment to approved plan. Changes in the site
plan approved by Council in the conditional use proceeding, including
but not limited to any expansion of the ground surface area used and/or
devoted towards drilling operations, shall require a new conditional
use approval pursuant to the terms and conditions of this section.
[18]
Traffic analysis report. The applicant shall submit
a traffic analysis report, which shall include the following:
[a]
A description of plans for the transportation and
delivery of equipment, machinery, water, chemicals, products, materials
and other items to be utilized in the siting drilling stimulating
completion alteration and operation of the development or facility.
Such description shall include a map showing the planned vehicular
access roads and the transportation infrastructure being proposed
and the type, weight and number of trucks and delivery schedule necessary
to support each phase of the development.
[b]
An inventory, analysis and evaluation of existing
road conditions on Borough roads along the proposed transportation
route identified by the application including digital photography,
video and core boring as determined to be necessary by the Borough.
G.
Accessory uses, provided for where a permitted principal
use has been previously established:
(1)
General standards:
(a)
No accessory structure accommodating a permitted
accessory use shall exceed 15 feet in height at its highest point
as measured from the finished floor elevation.
(b)
No accessory structure shall be designed, constructed
or used for human occupancy, regardless of the addition of culinary
or toilet facilities or both.
(c)
Scale of accessory structures. No single accessory
structure or combination of accessory structures on a lot in any residential
or special zoning district shall exceed, in lot coverage, 50% of the
area of the footprint for the permitted principal use, to a maximum
of 700 square feet, but in no case shall the accessory use be accommodated
in an accessory structure exceeding 700 square feet in gross floor
area, with the exception of in-ground or aboveground swimming pools
and unenclosed court games.
(d)
Private recreational facilities, including but not limited to
pools, decks, courts, patios and similar items, shall conform to the
setback and yard requirements for principal structures in the applicable
zoning district.
[Amended 10-20-2015 by Ord. No. 541]
(e)
Accessory structures shall be situated a minimum
of eight feet from the principal structure at the closest point.
(2)
Home-based business:
(a)
Intent and purpose.
[1]
The Borough of Edgeworth recognizes the need
for some citizens to use their place of residence for limited nonresidential
activities. However, the Borough believes that the responsibility
to protect the integrity of its residential neighborhoods is of paramount
concern.
[2]
The objective of home-based business regulations
is to allow a limited commercial-type activity in a residential area
only to an extent that no neighbors or passersby will be aware, by
outward appearance, of the activity.
[3]
Permitted home-based businesses shall include,
but not be limited to the professions of engineer, architect, artist,
clergyman, musician, writer and teacher, where no more than two persons
receive instruction at any one time, data processing, tax return preparation,
draftsman, architect, sales representatives and general clerical services.
Because of the nature of medical services, home-based business status
is not appropriate.
[4]
Prohibited home-based businesses shall include
automobile repairs and inspections, bakeries, barber and beauty shops,
day-care centers, landscaping operations and kennels or other animal
breeding.
(b)
Performance criteria.
[1]
Excessive noise, odors, vibration, glare, fumes,
electronic or electrical interference are not permitted in conjunction
with the conduct of a home-based business "Excessive" shall include
the use of equipment or processes which are detectable at the lot
line of the subject property.
[2]
A home-based business permit shall be evaluated
and investigations conducted using the following criteria, which shall
be incorporated as minimum conditions of approval:
[a]
The activity is one that is not
inconsistent with the use of the premises as a dwelling, and no more
than 25% of the habitable floor area of the dwelling may be used for
the conduct of the home-based business.
[b]
There shall be no exterior evidence
of the conduct of a home-based businesses including parking areas,
signage or exterior lighting.
[c]
Home-based businesses shall not
be operated on the exterior of a lot or parcel or in a permitted accessory
structure.
[d]
Electrical or mechanical equipment
that creates visible or audible interference in radio or television
receivers or causes fluctuations in line voltage outside the dwelling
unit or that creates noise not normally associated with residential
uses shall be prohibited.
[e]
Only the actual residents of the
dwelling unit shall engage in the home-based business.
[f]
No on-site sales of goods or services
shall be available in conjunction with the home-based business.
[g]
The conduct of any home-based business
shall not reduce or render unusable areas provided for the required
off-street parking or prevent the number of cars intended to be parked
in a garage from doing so.
[h]
A home-based business shall not
generate vehicular or pedestrian traffic to the residence, in excess
of typical volumes generated by a single-family residence.
[i]
Outside storage or display of materials,
goods, supplies, or equipment related to the operation of a home-based
business is prohibited, except that samples of goods sold or job-related
materials may be carried in vehicles used for business purposes.
[j]
The storage of any material classified
as hazardous or dangerous shall be prohibited.
[k]
No advertising is permitted on
site, including business signs on vehicles.
[l]
On-site sales or training promotion
shall not be permitted.
[m]
No home-based business shall generate
or discharge waste materials classified as noxious or hazardous by
the PA Department of Environmental Protection.
(c)
Enforcement procedures.
[1]
Any aggrieved person believing that a violation
or violations of this chapter is occurring and who desires that action
be taken by the Borough shall notify the Zoning Officer in writing
of such alleged violation(s). Within 30 calendar days after receipt,
by the Zoning Officer, of such written allegation(s), the Zoning Officer
shall complete an investigation of the alleged allegation(s) to determine
the merits thereof. Within 10 calendar days after the Zoning Officer
has completed the investigation, he/she shall notify in writing the
following persons:
[a]
If the Zoning Officer determines
that no violation as alleged or otherwise is occurring, then notification
of that decision shall be given to the complaining person or a spokesperson
for the complaining person by certified mail, return receipt requested.
[b]
If the Zoning Officer determines
that a violation is occurring or has occurred as alleged, then notification
of that decision and a time for compliance shall be sent by certified
mail, return receipt requested, to both the violator and complaining
person or a spokesperson for the complaining person. The notification
shall also state what action, if any, will be taken if compliance
is not timely effected.
(d)
Supplemental parking: two off-street parking
spaces in addition to spaces otherwise required shall be provided
in conjunction with any licensed home-based business.
(3)
Commercial accessory building:
(a)
Accessory buildings or structures or uses customarily
incidental to the uses permitted in commercial districts in connection
with such uses, except outside storage. Any use accessory to a use
permitted only under a special exception shall be established only
if and as provided in such exception.
(4)
Commercial outside storage or display:
(a)
Outside storage or display, other than storage
as a primary use of the land, necessary but incidental to the normal
operation of a primary use, subject to the following additional provisions:
[1]
No part of the street rights-of-way, no sidewalks
or other areas intended or designed for pedestrian use and no required
parking areas shall be occupied by outside storage or display.
[2]
Outside storage and display areas shall occupy
an area of less than 1/2 the existing building coverage.
[3]
Outside storage and display areas shall be shielded
from view from the public streets and adjacent lots.
[4]
Uses requiring more substantial amounts of land
area for storage or display shall be limited to nurseries, repair
shops, automobile repair garages, sale of automobile accessories,
wholesale business and storage, contractor offices and shops and crafts.
(b)
Parking: none.
(5)
Temporary structure or use (see also § 130-100):
(a)
Temporary structure or use: a temporary use
permit may be issued for structures or uses necessary during construction
or other special circumstances of a nonrecurring nature, subject to
the following additional provisions:
[1]
The time period of the initial permit shall
be two months (60 days). This permit may be renewed for two one-month
time periods.
[2]
Temporary nonconforming structures or uses shall
be subject to authorization by the Zoning Officer.
[3]
Such structure or use shall be removed completely
upon expiration of the permit without cost to the Borough.
[4]
Before undertaking an activity which constitutes
a special circumstance of a nonrecurring nature, a person must apply
for and receive a temporary outdoor use permit from the Zoning Officer.
Said application will be a form provided by the Borough, which contains
information necessary for the Zoning Officer to determine compliance
with this chapter, and must be submitted at least 14 days prior to
the event. In addition, the following shall apply:
[a]
The applicant shall be responsible
for payment of needed police protection and traffic control. The amount
of needed police protection will be determined by the Zoning Officer
in consultation with the Chief of Police and shall be based on:
[b]
The applicant shall be responsible
for any damage to any public property which either results from the
conduct of the activity or which is committed by applicant, its agents,
invitees, licensees, guests or contractors. The applicant's responsibility
shall include all expenses incurred for supplies, material and labor
used or expended, directly or indirectly, by the Borough to remedy
any damage, including costs for Borough employees.
[c]
The applicant shall establish an
escrow account in the Borough's name or provide other acceptable security
with the permit application in an amount as determined by the Zoning
Officer, which includes the following:
[i]
The amount estimated to cover the
special police protection as set forth above; and
[ii]
The amount necessary to cover
potential damage to public property, including streets, based on the
following factors: number of people estimated to attend, number, type
and weight of vehicles estimated to attend, presence of gasoline,
oil or other hazardous materials, place of activity, type of activity,
estimated usage of public property, including whether streets are
to be blocked, and experience with similar past events.
[d]
The applicant shall be responsible
for all costs outlined above, regardless of whether security in a
sufficient amount has been posted. The applicant will be billed for
any amounts which are in excess of the security amount and will receive
a refund if the actual amounts are less than the actual costs incurred.
[e]
The Zoning Officer may, at any
time, increase the amount of the required bond if circumstances require
and may suspend the permit pending the posting of the additional security.
For example, an increase and suspension will be warranted if damage
occurs during the course of an activity and the particular assumptions
upon which the permit was issued are not accurate.
[f]
In the case of a multi-day, multifamily
yard or garage sale, a temporary outdoor use permit shall be required
on a daily basis.
(b)
Parking: adequate off-street parking shall be
provided based on the applicant's stock and length of sales activity
proposed.
(6)
Farm animals and wild animals.
[Added 1-21-2014 by Ord. No. 534]
(a)
The keeping of farm animals is a permitted accessory use in
all residential zones, subject to the provisions hereof.
(b)
Farm buildings are permitted as an accessory structures in all
residential zones, subject to the provisions hereof.
(c)
A permit must be issued for the keeping of any farm animals
or for a farm building.
(d)
Applications for a farm animal or farm building under this section
shall be submitted in accordance herewith and shall include such information
as is required by the Zoning Officer and the Building Inspector, which
application shall include a plan showing conformance with all applicable
regulations including for collection and management of manure and
wastes as required by all state and federal regulations, including
Chapter 101 of the Pennsylvania Department of Environmental Protection
Regulations, Special Water Pollution Regulations, or its successor
regulations and Pennsylvania's Nutrient Management Act.[1]
[1]
Editor's Note: See 3 Pa.C.S.A. § 501 et seq.
(e)
The following provisions must be met for issuance and maintenance
of a permit:
[1]
No large or medium-size farm animals are permitted on less than
10 acres. A maximum of two large or medium-size farm animals are permitted
on 10 acres. Two additional large or medium-size farm animals are
permitted on each acre over 10 acres. If these limitations are exceeded
as a result of a newborn, the owner is permitted six months to adjust
the number of animals in accordance with these limitations.
[2]
Small animals shall be restrained by an enclosure, fence or
leash run area. Such structure, fence or leash run area must be located
in the rear yard, and may not be closer than 30 feet to any lot line.
The total for this purpose shall not exceed 25% of the rear yard.
[3]
Up to four chickens are permitted per lot, and must be contained
within a coop or other structure meeting the following requirements:
[a]
The setback for a principle structure in the applicable
zoning classification must be observed;
[b]
The structure must be in the rear yard only; and
[c]
Maximum size is 24 square feet.
[d]
Existing structures cannot be used or converted
for this purpose unless the structure meets all the requirements of
this subsection.
[4]
Five or more chickens are permitted per lot and must be contained
within a coop or other structure meeting the following requirements:
[5]
No farm animal or farm building is permitted in any front yard
or side yard.
[6]
Farm animals may not roam onto neighboring properties.
[7]
Medium and large farm animals must be restrained by a fence
or leashed area. Such area shall be set back 50 feet minimum from
any lot line, provided that enclosures, fences or buildings for pigs,
sheep or goats shall be set back a minimum of 175 feet.
[8]
Except as otherwise provided herein, Farm buildings shall be
set back a minimum of 175 feet from any lot line.
[9]
Open manure piles are prohibited. Farm buildings storing manure
shall be located, constructed and managed in strict conformance with
all state and federal regulations, including the state's Nutrient
Management Act,[2] Chapter 22, and regulations promulgated under this Act,
and managed so as to prevent a direct adverse effect on the health,
safety and general welfare of the surrounding area. Leachate or water
runoff from the farm must be controlled to prevent pollution of wells,
the Borough's stormwater system, and state waterways.
[2]
Editor's Note: See 3 Pa.C.S.A. § 501 et seq.
[10]
A buffer yard is required to buffer adjacent homes
in the case of farm buildings for large or medium farm animals.
[11]
Direct commercial sales of agricultural commodities
on the land are permitted only if the sales qualify as a home-based
business.
[12]
Except as set forth herein, the dimensional requirements
for accessory structures shall apply to any farm building. To the
extent there is any inconsistency in requirements, the more stringent
will apply.
(f)
The keeping of a wild animal is not an accessory use in any
zoning district in the Borough. No person shall keep a wild animal
in any place other than a zoological park, veterinary hospital or
clinic, humane society, or circus, sideshow, amusement show or facility
used for educational or scientific purposes, which provides proper
cages, fences and other protective devices adequate to prevent such
animal from escaping or injuring the public.
(7)
Solar photovoltaic systems shall be considered a use customarily
incidental to a principal use and shall be permitted as an accessory
use in all zoning districts, but only when in compliance with the
accessory structure requirements of this Zoning Ordinance, and further
subject to the following:
[Added 2-18-2014 by Ord. No. 532]
(a)
BUILDING-MOUNTED SYSTEM
GROUND-MOUNTED SYSTEM
PHOTOVOLTAIC (PV)
SOLAR PHOTOVOLTAIC (PV) SYSTEM
Definitions. The following definitions apply to this subsection:
A solar photovoltaic system attached to any part or type
of roof on a building or structure that has an occupancy permit on
file with the Borough and that is either the principal structure or
an accessory structure on a recorded parcel.
A solar photovoltaic system mounted on a structure, pole
or series of poles constructed specifically to support the photovoltaic
system and not attached to any other structure.
A semiconductor-based device that converts light directly
into electricity.
A solar collection system consisting of one or more building-
and/or ground-mounted systems. Such a system includes all solar photovoltaic
cells, panels or arrays and solar related equipment that rely upon
solar radiation as an energy source for collection, inversion, storage
and distribution of solar energy for electricity generation. A solar
PV system is a generation system with a nameplate capacity of not
greater than 50 kilowatts if installed at a residential service or
not larger than 3,000 kilowatts at other customer service locations,
and does not produce excess on-site energy greater than currently
permitted by Pennsylvania Public Utility Commission guidelines.
(b)
Location.
[1]
Building-mounted systems are only permitted to face the rear
yard. Building-mounted systems may only be mounted on the roof of
lawfully permitted principal or accessory structures.
[2]
Ground-mounted systems are permitted based on the requirements
for accessory uses or structures in the property's zoning district
and the requirements of this subsection.
(c)
Setback requirements.
[1]
Ground-mounted systems. Ground-mounted systems are permitted
only in the rear yard and are subject to the accessory use or structure
yard requirements in the zoning district in which the system is to
be constructed. The required yards are measured from the lot line
to the nearest part of the system. No part of the ground-mounted system
shall extend into the required yard due to a tracking system or other
adjustment of solar-PV-related equipment or parts.
(d)
Height restrictions.
[1]
Notwithstanding the height limitations of the zoning district:
[a]
For a building-mounted system installed on a sloped
roof, the system must be installed at the same angle as the roof on
which it is installed with a maximum distance, measured perpendicular
to the roof, of 18 inches between the roof and highest edge or surface
of the system.
[b]
For a building-mounted system installed on a sloped
roof, the highest point of the system shall not exceed the highest
point of the roof to which it is attached.
[2]
Notwithstanding the height limitations of the zoning district:
[a]
For a building-mounted system installed on a flat
roof, the highest point of the system shall be permitted to extend
up to six feet above the roof to which it is attached.
[3]
Ground-mounted systems may not exceed the permitted height of
accessory structures in the zoning district where the system is to
be installed.
(e)
Screening and visibility.
[1]
Building-mounted systems on a sloped roof shall not be required
to be screened.
[2]
Building-mounted systems mounted on a flat roof shall not be
visible from the public right-of-way within a forty-foot radius of
the property, at a level of five feet from the ground in a similar
manner as to any other rooftop HVAC or mechanical equipment. This
can be accomplished with architectural screening, such as a building
parapet, or by setting the system back from the roof edge in such
a manner that the solar PV system is not visible from the public right-of-way
within a forty-foot radius when measured at a distance of five feet
from the ground.
(f)
Impervious lot coverage restrictions. The surface area of any
ground-mounted system, regardless of the mounted angle of any portion
of the system, is considered impervious surface and shall be calculated
as part of the property lot coverage limitations for the zoning district.
If the ground-mounted system is mounted above existing impervious
surface, it shall not be calculated as part of the property lot coverage
limitations for the zoning district.
(g)
Inspection, safety and removal.
[1]
Solar photovoltaic power systems. Solar photovoltaic systems shall be installed in accordance with Subsection G(7)(g) hereof, the International Building Code and NFPA 70. Exception: Detached, nonhabitable Group U structures including, but not limited to, parking shade structures, carports, solar trellises and similar structures shall not be subject to the requirements of this section.
[2]
Marking is required on interior and exterior direct-current
(DC) conduit, enclosures, raceways, cable assemblies, junction boxes,
combiner boxes and disconnects.
[a]
The materials used for marking shall be reflective,
weather resistant and suitable for the environment. Marking as required
in Subsection G(7)(g)[2][b] through [d] below shall have all letters
capitalized with a minimum height of 3/8 inch (9.5 millimeters), white
on red background.
[b]
Marking content. The marking shall contain the
words "WARNING: PHOTOVOLTAIC POWER SOURCE."
[c]
Main service disconnect. The marking shall be placed
adjacent to the main service disconnect in a location clearly visible
from the location where the disconnect is operated.
[d]
Location of marking. Marking shall be placed on
interior and exterior DC conduit, raceways, enclosures and cable assemblies
every 10 feet (3,048 millimeters), within one foot (305 millimeters)
of turns or bends and within one foot (305 millimeters) above and
below penetrations of roof/ceiling assemblies, walls or barriers.
[3]
Locations of DC conductors. Conduit, wiring systems, and raceways
for photovoltaic circuits shall be located as close as possible to
the ridge or hip or valley and from the hip or valley as directly
as possible to an outside wall to reduce trip hazards and maximize
ventilation opportunities. Conduit runs between sub arrays and to
DC combiner boxes shall be installed in a manner that minimizes the
total amount of conduit on the roof by taking the shortest path from
the array to the DC combiner box. The DC combiner boxes shall be located
such that conduit runs are minimized in the pathways between arrays.
DC wiring shall be installed in metallic conduit or raceways when
located within enclosed spaces in a building. Conduit shall run along
the bottom of load bearing members.
[4]
Access and pathways.
[a]
Roof access, pathways, and spacing requirements
shall be provided as required herein. Exceptions:
[i]
Residential structures shall be designed so that
each photovoltaic array is no greater than 150 feet (45,720 millimeters)
by 150 feet (45,720 millimeters) in either axis.
[ii]
Panels/modules shall be permitted to be located
up to the roof ridge where an alternative ventilation method approved
by the fire chief has been provided or where the fire chief has determined
vertical ventilation techniques will not be employed.
[b]
Roof access points. Roof access points shall be
located in areas that do not require the placement of ground ladders
over openings such as windows or doors, and located at strong points
of building construction in locations where the access point does
not conflict with overhead obstructions such as tree limbs, wires,
or signs.
[c]
Residential systems for one- and two-family dwellings.
Access to residential systems for one- and two-family dwellings shall
be provided in accordance with Subsection G(7)(g)[4][d] through [g]
below.
[d]
Residential buildings with hip roof layouts. Panels/modules
installed on residential buildings with hip roof layouts shall be
located in a manner that provides a three-foot-wide (914 millimeters)
clear access pathway from the eave to the ridge on each roof slope
where panels/modules are located. The access pathway shall be located
at a structurally strong location on the building capable of supporting
the live load of fire fighters accessing the roof. Exception: These
requirements shall not apply to roofs with slopes of two units vertical
in 12 units horizontal (2:12) or less.
[e]
Residential buildings with a single ridge. Panels/modules
installed on residential buildings with a single ridge shall be located
in a manner that provides two three-foot-wide (914 millimeters) access
pathways from the eave to the ridge on each roof slope where panels/modules
are located. Exception: This requirement shall not apply to roofs
with slopes of two units vertical in 12 units horizontal (2:12) or
less.
[f]
Residential buildings with roof hips and valleys.
Panels/modules installed on residential buildings with roof hips and
valleys shall be located no closer than 18 inches (457 millimeters)
to a hip or a valley where panels/modules are to be placed on both
sides of a hip or valley. Where panels are to be located on only one
side of a hip or valley that is of equal length, the panels shall
be permitted to be placed directly adjacent to the hip or valley.
Exception: These requirements shall not apply to roofs with slopes
of two units vertical in 12 units horizontal (2:12) or less.
[g]
Residential building smoke ventilation. Panels/modules
installed on residential buildings shall be located no higher than
three feet (914 millimeters) below the ridge in order to allow for
fire department smoke ventilation operations.
[h]
Other than residential buildings. Access to systems
for occupancies other than one- and two-family dwellings shall be
provided in accordance with Subsection G(7)(g)[4][i] through [k] below.
Exception: Where it is determined by the Fire Code Official that the
roof configuration is similar to that of a one- or two-family dwelling,
the residential access and ventilation requirements in Subsection
G(7)(g)[4][d] through [g] above shall be permitted to be used.
[i]
Access. There shall be a minimum six-foot-wide
(1,829 millimeters) clear perimeter around the edges of the roof.
Exception: Where either axis of the building is 250 feet (76,200 millimeters)
or less, there shall be a minimum four-foot-wide (1,290 millimeters)
clear perimeter around the edges of the roof.
[j]
Pathways. The solar installation shall be designed
to provide designated pathways. The pathways shall meet the following
requirements:
[i]
The pathway shall be over areas capable of supporting
the live load of fire fighters accessing the roof.
[ii]
The centerline axis pathways shall be provided
in both axes of the roof. Centerline axis pathways shall run where
the roof structure is capable of supporting the live load of firefighters
accessing the roof.
[iii]
Shall be a straight line not less than four feet
(1,290 millimeters) clear to skylights or ventilation hatches.
[iv]
Shall be a straight line not less than four feet
(1,290 millimeters) clear to roof standpipes.
[v]
Shall provide not less than four feet (1,290 millimeters)
clear around roof access hatch with at least one not less than four
feet (1,290 millimeters) clear pathway to parapet or roof edge.
[k]
Smoke ventilation. The solar installation shall
be designed to meet the following requirements:
[i]
Arrays shall be no greater than 150 feet (45,720
millimeters) by 150 feet (45,720 millimeters) in distance in either
axis in order to create opportunities for fire department smoke ventilation
operations.
[ii]
Smoke ventilation options between array sections
shall be one of the following:
[A]
A pathway eight feet (2,438 millimeters) or greater
in width.
[B]
A four-foot (1,290 millimeters) or greater in width
pathway and bordering roof skylights or smoke and heat vents.
[C]
A four-foot (1,290 millimeters) or greater in width
pathway and bordering four-foot-by-eight-foot (1,290 millimeters by
2,438 millimeters) "venting cutouts" every 20 feet (6,096 millimeters)
on alternating sides of the pathway.
[5]
Ground-mounted photovoltaic arrays. Ground-mounted photovoltaic arrays shall comply with Subsection G(7)(g)[1] through [3] above and this section. Setback requirements shall not apply to ground-mounted, freestanding photovoltaic arrays. A clear, brush-free area of 10 feet (3,048 millimeters) shall be required for ground-mounted photovoltaic arrays.
[6]
The Borough reserves the right to inspect a solar PV system
for building or fire code compliance and safety.
[7]
If an owner/property owner/land owner/facility owner/operator
fails to repair or remove a solar PV system as ordered, and any appeal
rights have been exhausted, the Borough may enter the structure/property,
remove the system and charge the owner/property owner/land owner/facility
owner/operator for all costs and expenses of removal, including reasonable
attorney's fees or pursue other legal action to have the system removed
at the owner/property owner/land owner/facility owner/operator's expense.
[8]
In addition to any other available remedies, any unpaid costs
resulting from the Borough's removal of a vacated, abandoned or decommissioned
solar PV system shall constitute a lien upon the property against
which the costs were charged. Legal counsel of the Borough shall institute
appropriate action for the recovery of such cost, plus attorney's
fees, including, but not limited to filing of municipal claims pursuant
to 53 P.S. § 7107, et seq., for the cost of such work, interest
of 6% per annum, plus a penalty of 5% of the amount due plus attorney's
fees and costs incurred by the Borough in connection with the removal
work and the filing of the Borough claim.
(h)
Permit requirements. Before any construction or installation
on any solar PV system shall commence, a permit issued by the Borough
shall be obtained to document compliance with this subsection. The
Council may establish a fee for said permit by resolution.
(8)
A wind energy facility shall be considered a use customarily incidental
to a principal use and shall be permitted as an accessory use in all
zoning districts, but only when in compliance with the accessory structure
requirements of the Zoning Ordinance, and further subject to the following:
[Added 2-18-2014 by Ord. No. 532]
(a)
A wind energy facility is a device that converts wind energy
to mechanical or electrical energy. "Wind energy facility" includes
wind generators, wind turbines, windwheels and windmills, and also
includes the rotor blades, nacelle and tower of any such structure.
(b)
No wind energy facilities shall be erected within a front or
side yard, only a rear yard. All such facilities shall maintain a
setback from any lot line equivalent to 125% of the maximum height
of the wind energy facility, as measured from its point of anchoring
to the outer tip of its rotor blade. In no case, shall a wind energy
facility exceed 45 feet in height.
(c)
The structure supporting the wind rotor unit, including any
necessary guideposts and supporting cables shall be certified by a
professional structural engineer licensed as such in Pennsylvania.
(d)
All owners of a wind energy facility shall provide the Borough
with a structural safety assessment report prepared by a professional
structural engineer licensed as such in Pennsylvania every five years.
Said reports shall be provided to the Zoning Officer on the anniversary
date of when the zoning certificate was issued.
(e)
The minimum distance between grade and the lowest point of a
rotor blade shall be 20 feet.
(f)
All electric lines/utility wires shall be buried underground
and installed in accordance with applicable building and electrical
codes.
(g)
Any mechanical equipment associated and necessary for operation, including a building or structure for batteries and storage cells, shall be enclosed by an eight-foot-high fence. A wind energy facility shall provide a buffer yard in accordance with § 130-41.
(h)
When a building or structure is necessary for storage cells
or related mechanical equipment, the building or structure shall not
exceed 150 square feet.
(i)
One wind energy facility shall be permitted per lot.
(j)
The supporting structure and generating unit shall be kept in
good repair and sound condition. Upon abandonment of use, the supporting
structure and related structures shall be dismantled and removed from
the lot within three months.
(k)
Any noise from the wind energy facility shall not exceed 45
dBA when measured at any nearest lot line.
(l)
No signage, logos or other graphic designs shall be permitted
to be visually displayed on said wind generating unit rotors or supporting
structure.
(m)
If an owner/property owner/land owner/facility owner/operator
fails to repair or remove a wind energy facility as ordered, and any
appeal rights have been exhausted, the Borough may enter the structure/property,
remove the system and charge the owner/property owner/land owner/facility
owner/operator for all costs and expenses of removal, including reasonable
attorney's fees or pursue other legal action to have the system removed
at the owner/property owner/land owner/facility owner/operator's expense.
(n)
In addition to any other available remedies, any unpaid costs
resulting from the Borough's removal of a vacated abandoned or de-commissioned
wind energy facility shall constitute a lien upon the property against
which the costs were charged. Legal counsel of the Borough shall institute
appropriate action for the recovery of such cost, plus attorney's
fees, including, but not limited to filing of municipal claims pursuant
to 53 P.S. § 7107, et seq., for the cost of such work, interest
of 6% per annum, plus a penalty of 5% of the amount due plus attorney's
fees and costs incurred by the Borough in connection with the removal
work and the filing of the Borough claim.
(o)
Before any construction or installation on any wind energy facility
shall commence, a permit issued by the Borough shall be obtained to
document compliance with this subsection. The Council may establish
a fee for said permit by resolution.
