Borough of Pottstown, PA GENERAL REGULATIONS

Motor vehicles not fully operable or not having current inspection and registration stickers.

Vehicle parts, machinery or parts thereof.

Scrap metals, wood, furniture, paper, rags, or any discarded material whatsoever unless a valid permit has been issued for it. This shall not include trash deposited in Borough approved containers and awaiting pickup for no more than one week.

§ 502 Performance Standards.

[Ord. 1968, 9/8/2003, § 502]

All uses allowed in the Conservation and Gateway Districts shall be managed so as not to cause an unacceptable level of:

Air pollution.

Noise.

Odor.

Glare or heat.

Vibration.

Radioactivity or electrical disturbance.

Fire or explosion hazard.

Outdoor storage.

Waste disposal.

DETAILS: For specific regulations, see Appendix A5, Section A502, located at the end of this Chapter.

§ 503 Solar Energy Equipment.

[Ord. 2064, 7/13/2009, § 2; as amended by Ord. 2085, 9/12/2011]

Purpose. The purpose of this Section is to provide standards for the use of solar energy equipment as accessory uses within the Borough of Pottstown. This Section seeks to protect properties from incompatible uses and to conserve and enhance property values, while promoting the use of alternative energy sources, where appropriate. This Section provides a process to facilitate the use of solar power in a manner that minimizes visual impacts of solar energy equipment and the potential for nuisance, in residentially zoned and mixed use areas in the Borough.

Definition. Solar energy equipment is defined as a solar photovoltaic panel, solar hot air or hot water panel collector device, or other type of energy system which relies upon solar radiation as a source for the generation of electricity or transfer of stored heat.

Accessory Use. Solar energy equipment shall be permitted as an accessory use in any zoning district upon receipt of a permit from the Zoning Officer.

Application for Zoning Permit. An applicant who seeks to install solar energy equipment shall submit an application for a zoning permit, as provided by the Borough. The application shall include photographs of the existing conditions of the property as well as renderings of the proposed solar energy equipment, a description of the screening to be provided for ground or wall-mounted solar energy equipment, an electrical permit and manufacturers specifications.

Review of Application. Upon receipt of a completed application for the installation of solar energy equipment, the Zoning Officer shall review the application and determine if a proposal meets the guidelines set forth in this Chapter, and if so, the Zoning Officer shall approve the application. The Zoning Officer shall have the authority to impose reasonable conditions to safeguard the public health, safety and welfare.

Criteria for the Use of Solar Energy Equipment in All Districts.

General.

Solar energy equipment shall be located in the least visibly obtrusive location where panels would be functional.

Solar energy equipment must comply with all setback and height requirements for the zoning district in which the property is located.

Nonfunctioning solar energy equipment shall be repaired or replaced within three months of becoming nonfunctional.

Solar energy systems shall be designed and located in order to prevent reflective glare toward any inhabited structure on adjacent properties, as well adjacent street rights-of-way.

(5)

An applicant shall locate a solar energy system so that tree removal is not required to the extent practical. Any trees to be removed shall be accompanied by a plan demonstrating the need to remove trees and replacement of the trees.

Ground-Mounted Solar Energy Equipment.

Solar energy equipment shall only be located in the side or rear yard of a property.

Ground-mounted solar energy equipment may not exceed a height of 10 feet in height above the ground.

Solar energy equipment must be substantially screened from public view (including adjacent properties and public rights-of-way) by fencing, plantings, or a combination thereof, as determined by the Zoning Officer.

All exterior electrical and/or plumbing lines must be in placed in a conduit and buried below the surface of the ground.

(5)

Solar energy equipment shall not block any required parking areas, sidewalks or walkways.

Roof- or Wall-Mounted Solar Energy Equipment.

It is encouraged that roof-mounted solar energy equipment shall be installed in the plane of the roof (flush mounted) or made a part of the roof design (capping or framing is compatible with the color of the roof or structure). Mounting brackets shall be permitted if the applicant can demonstrate that the existing pitch of the roof would render the solar energy equipment ineffective or would be impossible.

Solar energy equipment shall be located on a rear or side facing roof, as seen from the fronting street, unless the applicant can demonstrate that such installation would be ineffective or is impossible.

Solar energy equipment shall not project vertically above the peak of the roof to which it is attached, or project vertically more than five feet above a flat roof.

All exterior electrical and/or plumbing lines must be painted in a color scheme that matches as closely as reasonably possible the color of the structure and the materials adjacent to the lines.

In the event of a conflict between this Section and the provisions of Chapter 23 of the then-current version of the International Residential Code (IRC), the International Mechanical Code (IMC), and the National Electric Code (NEC) (hereinafter collectively referred to as "applicable codes"), then the applicable codes shall supersede this Section.

§ 504 Home Occupations.

[Ord. 2142, 11/9/2015]

Home occupations, as defined by this chapter, shall be permitted in all zoning districts. No-impact home occupations shall be permitted as of right. Major home occupations shall be permitted as a conditional use in all districts. The following types of conduct would be considered evidence of a home occupation within the Borough:

Use of any sign, circular, card, brochure, telephone book, magazine, newspaper, website, or any electronic media or other publication to advertise; or

By any other means representing that the person is in business in the Borough; or

Holding an active license or permit issued by a governmental agency indicating that the person is in business in the Borough.

No-impact home occupations shall be permitted as an accessory use if the home occupation satisfies the following requirements:

It shall be compatible with the residential use of the property and surrounding residential uses.

The exterior appearance of the structure or premises must be maintained as a residential property.

No exterior evidence of the activity in the form of lighting or the display, inventorying, or stockpiling of goods shall be visible.

No retail sales shall be conducted, with the exception of telephone and/or Internet solicitations and those products of the home occupation or items deemed accessory to or directly associated with the home occupation.

The principal practitioner of the home occupation must be a resident of the dwelling unit.

No more than one person not residing in the dwelling shall be employed at any given time by the practitioner of the home occupation.

Any activity may be conducted only within the principal dwelling unit and may not occupy more than 25% of the habitable floor area of the dwelling unit or 500 square feet, whichever is less.

The activity shall not require the delivery of materials and goods by a truck larger than standard panel trucks equipped with no more than one rear axle.

Manufacturing, repairing, or other mechanical work shall only be performed indoors.

Noise, dust, smoke, heat, radiation, hazardous substances, vibration, glare, fumes, odor, or electrical or electronic interference, including Wi-Fi, radio or television reception that is detectable in the neighborhood shall be prohibited.

The activity may not generate any solid waste or sewage discharge in volume or type that is not normally associated with residential use in the neighborhood.

No customer or client traffic, whether vehicular or pedestrian, and no pickup, delivery or removal functions to or from the premises, shall be in excess of those normally associated with residential use.

A resident practitioner shall demonstrate that adequate off-street parking exists for both the home occupation and the dwelling unit.

There shall be no more than one home occupation per dwelling unit.

The dwelling unit in which a home occupation is conducted shall have its own direct access to ground level.

There shall be no illegal activity.

One sign, no larger than two square feet in area and consistent in all other respects with Chapter 27, Part 7, Signs, shall be permitted.

Major-impact home occupations shall be required to substantially meet all of the requirements for no-impact home occupations. In addition, the following additional and alternative requirements/restrictions shall be required and presented to the Borough Council as part of the conditional use hearing:

If the resident conducting the major home occupation is a tenant and not the owner of the property, the owner of the property shall be a party to the application for conditional use approval.

Such occupation may be located only within a single-family detached dwelling or within an accessory building located on the same lot as a single-family detached dwelling.

Such occupation may be conducted, in whole or in part, within an accessory building on the property. The total floor devoted to the major home occupation shall not exceed 25% of the floor area of the single-family detached dwelling or 600 feet, whichever is less.

The Borough Council may, as a condition of approval, require buffering or screening treatment along specific property lines where it determines the proposed conditional use will create off-site impacts in the form of noise, glare, proximity of use or associated parking area to neighboring properties, or other conditions directly related to public health, safety and welfare.

In no case shall a major home occupation be permitted on a lot with a gross lot area less than 15,000 square feet.

In addition, as part of the conditional use approval process, the applicant shall document, and the Borough Council shall specifically evaluate, the amount of customer, client and/or patient traffic anticipated to be generated by the proposed home occupation use. The level of such traffic may be greater than that associated with no-impact home occupation but will not exceed an amount that, as determined by the Borough Council, will disrupt the residential character of the neighborhood in which the property is located.

Registration/Permitting.

All home occupations shall register with the Department of Licensing and Inspections within six months of the effective date of this section. A failure to register, as required, shall be deemed an abandonment of any right to operate a nonconforming home occupation regardless of actual intent. Thereafter, any such home occupation will be required to obtain a permit and be treated as though it were a newly created home occupation.

No home occupation shall be established or maintained unless a permit is obtained from the Department of Licensing and Inspections.

An application for a permit shall, at minimum, include the name, location, exact nature or kind of business for which the permit is being requested, and a copy of fictitious name registration or certificate of incorporation/organization as applicable.

The fee for obtaining a permit shall be established by resolution of the Borough Council from time to time.

The Department of Licensing and Inspections shall revoke any home occupation permit for noncompliance with this section.

SUBSTANTIAL CHANGE/SUBSTANTIALLY CHANGE

The Department of Licensing and Inspections is hereby empowered to make rules and regulations consistent with the provisions of this section.

Impermissible Home Occupations. Under no circumstances shall any of the following be considered home occupations: operation of a clinic, hospital, rooming house, restaurant, motel, hotel, animal hospital, boarding kennel, breeding kennel, rescue network kennel, mortuary, vehicle or boat repair or painting shop, construction equipment or material storage, equipment or vehicle rental, furniture sales, eating services, plumbing services, air-conditioning services, laboratory or taxidermy shop, private club, bar or restaurant, antique shops or any similar use.

§ 505 Wireless Communications Facilities and Wireless Support Structures.

[Added by Ord. 2165, 6/12/2017]

Intent. The purpose of these zoning regulations is to:

Establish uniform standards for the siting, design, permitting, maintenance, and use of wireless telecommunications facilities on wireless support structures, as well as the siting, design, permitting, maintenance, and use of wireless towers, in the Borough.

Promote the health, safety, and welfare of Borough residents and businesses with respect to the use of wireless telecommunications facilities and wireless support structures.

Provide for the managed development of wireless telecommunications facilities in a manner to provide adequate wireless telecommunications services within the Borough in accordance with federal and state laws and regulations.

Establish procedures for the design, siting, construction, installation, maintenance, and removal of wireless telecommunications facilities in the Borough, as well as the siting, design, permitting, maintenance, and use of wireless towers in the Borough, both inside and outside the right-of-way.

Address new wireless technologies, including, but not limited to, distributed antenna systems, data collection units, cable Wi-Fi, and other wireless telecommunications facilities.

Encourage the co-location of wireless telecommunications facilities on existing wireless support structures rather than the construction of wireless towers or through the conversion of structures to wireless support structures.

Protect Borough residents from potential adverse impacts of wireless telecommunications facilities on wireless support structures and preserve, to the extent permitted under law, the visual character of established communities and the natural beauty of the landscape.

Update the Borough's wireless telecommunications facilities and wireless support structure regulations to incorporate changes in federal and state laws and regulations.

Definitions. The following definitions shall apply to this section:

ACCESSORY EQUIPMENT

Any equipment serving or being used in conjunction with an antenna. The term includes, but is not limited to, utility and transmission equipment, power supplies, generators, batteries, cables, equipment buildings, cabinets and storage sheds, shelters, or similar equipment.

ANTENNA

Telecommunications equipment which transmits and receives wireless signals used in the provision of all types of wireless communications services.

CO-LOCATION

The placement or installation of wireless telecommunications facilities on an existing wireless support structure.

FCC

The Federal Communications Commission.

MODIFICATION

The improvement, upgrade, expansion, or replacement of an existing wireless communications facility on a wireless support structure, if the improvement, upgrade, expansion, or replacement does not substantially change the physical dimensions of the wireless support structure.

MUNICIPAL FACILITY

A facility operated by the Borough of Pottstown, an authority established by the Borough of Pottstown, or a nonprofit fire company contracted with the Borough of Pottstown to provide fire services.

ROW

The right-of-way.

SITE

For wireless towers other than wireless towers in the ROW, the current boundaries of the leased or owned property surrounding the wireless tower and any access or utility easements currently related to the site; and for other wireless support structures, further restricted to that area in proximity to the structure and any telecommunications transmission equipment already deployed on the ground.

STEALTH TECHNOLOGY

State-of-the-art design techniques used to blend objects into the surrounding environment and to minimize the visual impact as much as possible. These design techniques are applied to wireless towers and wireless communications facilities which blend the proposed wireless tower and/or wireless communications facility. Such methods include, but are not limited to, architecturally screened roof-mounted antennas, building-mounted antennas painted to match the existing structure, and facilities constructed to resemble trees, shrubs, light poles, utility poles, or flagpoles.

A modification substantially changes the physical dimensions of a wireless support structure if it meets any of the following criteria:

For wireless towers other than those in the ROW, the modification increases the original height of the tower by more than 10% or by the height of one additional antenna with separation from the nearest existing antenna not to exceed 20 feet, whichever is greater; for other wireless support structures, the modification increases the original height of the supporting structure by more than 10% or more than 10 feet, whichever is greater. Changes in height should be measured from the original support structure in cases where deployments are or will be separated horizontally, such as on buildings' rooftops; in other circumstances, changes in height should be measured from the dimensions of the supporting structure inclusive of originally approved appurtenances and any modifications that were approved prior to the passage of the Spectrum Act.

For wireless towers other than those in the ROW, the modification involves adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than 20 feet, or more than the width of the tower at the level of the appurtenance, whichever is greater; for other supporting structures, it involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six feet.

For any wireless support structure, the modification involves the installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four cabinets; or the installation of any new equipment cabinets on the ground if there are no preexisting ground cabinets associated with the structure, or else the installation of ground cabinets that are more than 10% larger in height or overall volume than any other ground cabinets associated with the structure.

The modification entails any excavation or deployment outside the current site.

TELECOMMUNICATIONS TRANSMISSION EQUIPMENT

Any set of equipment and network components, including antennas, transmitters, receivers, base stations, cabling, and accessory equipment, that facilitates transmission for any Federal Communications Commission-licensed or authorized wireless communications service, including, but not limited to, private and broadcast services, as well as unlicensed wireless services and fixed wireless services such as a microwave backhaul. Telecommunications transmission equipment shall not include public safety services, private residence-mounted satellite dishes, television antennas, or amateur radio equipment, including, but not limited to, ham or citizens band radio antennas.

Exemptions.

Municipal facilities, as defined herein, are hereby exempt from the regulations contained in this section.

Schools, as defined in § 1400, are hereby exempted from the regulations contained in Section 505, Subsection 8B through D.

General Regulations.

Standard of Care. Any wireless telecommunications facility and/or wireless tower shall be designed, constructed, operated, maintained, repaired, modified, and removed in strict compliance with all current applicable technical, safety, and safety-related codes, including, but not limited to, the most-recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, National Electrical Code, as well as the accepted and responsible workmanlike industry practices of the National Association of Tower Erectors, if applicable. Any wireless telecommunications facility and/or wireless tower shall at all times be kept and maintained in good condition, order, and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property within the Borough.

Wind. All wireless towers shall be designed to withstand the effects of wind according to the standard designed by the American National Standards Institute (ANSI).

Public Safety Communications. No wireless telecommunications facility shall interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.

Radio Frequency Emissions. No wireless telecommunications facility may, by itself or in conjunction with other wireless telecommunications facilities, generate radio frequency emissions in excess of the standards and regulations of the FCC.

Timing of Approval. Within 30 calendar days of the date that an application for a wireless telecommunications facility and/or wireless tower is filed with the Borough, the Borough shall notify the applicant, in writing, of any information required to complete the application.

All applications for a new wireless tower shall be acted upon within 150 calendar days of the receipt of a fully completed application, and the Borough shall advise the applicant, in writing, of its decision. If additional information was requested by the Borough to complete the application, the time required by the applicant to provide the information shall not be counted toward the Borough's one-hundred-fifty-day review period.

All applications for the modification, replacement, or co-location of a wireless telecommunications facility shall be acted upon within 90 calendar days of receipt of a fully completed application, and the Borough shall advise the applicant, in writing, of its decision. If additional information was requested by the Borough to complete the application, the time required by the applicant to provide the information shall not be counted toward the Borough's ninety-day review period.

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 wireless telecommunications facility and/or any wireless tower, as well as related inspection, monitoring and related costs. Such permit fees shall be determined by the Borough and authorized by resolution of the Council and shall be based on the Borough's actual costs as applied to such wireless telecommunications facility and any associated wireless support structure.

Maintenance. The following maintenance requirements shall apply:

All wireless telecommunications facilities and/or wireless towers shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair.

All required maintenance shall be performed to ensure the upkeep of the facility in order to promote the safety and security of the Borough's residents, and all maintenance activities shall utilize the best available technology for preventing failures and accidents.

Aviation Safety. All wireless communications facilities and/or wireless towers shall comply with federal and state laws and regulations concerning aviation safety. The applicant shall provide certification from the Federal Aviation Administration demonstrating that the proposed wireless communications facility and/or wireless tower will not impact the operations of the Pottstown Municipal Airport, including, but not limited to, the departure path of aircraft arriving or departing from the airport.

Insurance. The applicant shall provide a certificate of insurance issued to the owner/operators of the wireless communications facility and/or wireless tower evidencing that there is adequate liability insurance in effect. The applicant shall maintain adequate liability insurance until the removal of the wireless telecommunications facility and/or tower; and, at any time, upon demand from the Borough, the owner of the wireless telecommunications facility or wireless tower shall produce a certificate of insurance demonstrating continued and current adequate liability insurance.

Engineer Signature. All plans and drawings relevant to the regulations contained in this chapter shall contain a seal and signature of a professional engineer, licensed in the Commonwealth of Pennsylvania.

Specific Requirements for Wireless Towers.

Height.

All new wireless towers shall be designed at the minimum functional height. All new wireless towers, including any antennas and equipment, shall not exceed a maximum total height of 150 feet. All applicants must submit documentation to the Borough justifying the total height of the tower, including any antennas and equipment.

Any height extensions to existing wireless towers shall require prior approval of the Borough and shall not increase the overall height of the wireless support structure by more than 30 feet and shall not cause the existing structure to exceed the total maximum height limit of 150 feet.

The height of the wireless tower shall be the vertical distance measured from the base of the wireless tower at grade to the highest point of the structure, which shall include all telecommunications transmission equipment. If the wireless tower is on a sloped grade, then the average between the highest and lowest grades shall be used in calculating the height of the wireless tower, as provided herein, to constitute the height of the wireless tower.

Identification. Posted on all new wireless towers shall be a notice in a readily visible location identifying the name and phone number of a party to contact in the event of an emergency, subject to approval by the Borough.

Painting and Lighting. All new wireless towers shall be painted with a rust-preventive paint of an appropriate color to harmonize with the surroundings. Wireless towers shall not be artificially lighted, except as required by law.

Noise. All new wireless towers 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 only temporarily.

Nonconforming Uses. Nonconforming wireless towers that 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.

FCC License. Each person that owns or operates a wireless tower shall submit a copy of its current FCC license, including the name, address, and emergency telephone number for the operator of the facility.

Co-location.

An application for a new wireless tower outside the ROW shall not be approved unless the applicant demonstrates that the wireless telecommunications equipment planned for the proposed wireless tower cannot be accommodated on an existing or approved structure or building. Any application for approval of a new wireless tower outside the ROW shall include a comprehensive inventory of all existing towers and other wireless support structures within a two-mile radius from the point of the proposed wireless tower and a propagation study evidencing the need for the wireless tower.

An application for a new wireless tower in the ROW shall not be approved unless the Borough finds that any associated wireless communications system cannot be accommodated on an existing wireless support structure. Any application for approval of a new wireless tower in the ROW shall include a comprehensive inventory of all existing towers and other wireless support structures within a one-mile radius from the point of the proposed tower and a propagation study evidencing the need for the wireless tower.

Full Site Plan. A full site plan which depicts the applicant's satisfaction of all requirements contained within this section, as well as all other applicable items required in Chapter 22, Subdivision and Land Development, of the Pottstown Borough Code of Ordinances, as amended, shall be submitted to the Borough Engineer for approval prior to the issuance of any permit.

Stealth Technology. Any new wireless tower shall employ the most-current stealth technology available in an effort to appropriately blend into the surrounding environment and minimize aesthetic impact. The application of the stealth technology chosen by the applicant shall be subject to the approval of the Borough. In the sole discretion of the Borough, the requirement to utilize stealth technology may be waived if the Council determines that the waiver is in the best interest of the Borough.

Soil Report. A current soil report complying with the standards of geotechnical investigations of the Electronic Industries Association and Telecommunications Industry Association shall be submitted to the Borough Engineer prior to construction to document and verify the adequacy of the design specifications of the foundation for the wireless tower.

Notice. Within seven days of the submission of an application for any new wireless tower, the applicant shall conspicuously post notice on the property. Such notice shall be supplied by the Zoning Officer and remain on the property until the application is approved or denied.

[Amended by Ord. 2171, 1/8/2018]

Graffiti. Any graffiti on the wireless tower or on any accessory equipment or wireless support structures shall be removed at the sole expense of the owner within 10 business days of notice of the existence of the graffiti.

Removal. In the event that use of a wireless tower and/or associated co-location wireless communications facility 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 wireless towers and/or associated co-location wireless communications facilities shall be removed as follows:

All unused or abandoned wireless towers shall be removed within 12 months of the cessation of operations of the tower, unless a time extension is approved by the Borough.

If any wireless tower is not removed within 12 months of the cessation of operations at a site, or within any longer period approved by the Borough, the wireless tower may be removed by the Borough and the cost of removal assessed against the owner thereof.

Retention of Experts. The Borough may hire any consultant and/or expert deemed necessary to assist the Borough in reviewing and evaluating the application for approval of any new wireless tower and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of this section. The applicant shall reimburse the Borough for all costs of the Borough's consultant in providing expert evaluation and consultation in connection with these activities.

Financial Security. Prior to the issuance of a permit for a new wireless tower, the applicant shall, at its own expense, obtain from a surety licensed to do business in Pennsylvania and maintain a bond, or other form of security acceptable to the Borough Solicitor, in an amount of $100,000 to assure the faithful performance of the terms and conditions of this section. The bond shall provide that the Borough may recover from the principal and surety any and all compensatory damages incurred by the Borough for violations of this section, after reasonable notice and opportunity to cure. The owner shall file the bond with the Borough.

Engineer Inspection. Prior to the Borough's issuance of a permit authorizing construction and erection of a wireless tower, a structural engineer registered in Pennsylvania shall issue to the Borough a written certification of the proposed wireless tower's ability to meet the structural standards offered by either the Electronic Industries Association or the Telecommunications Industry Association and certify the proper construction of the foundation and the erection of the structure.

Additional Wireless Communications Facilities. Prior to the Borough's issuance of a permit authorizing construction and erection of a wireless tower, the applicant and the owner of the wireless tower, if different from the applicant, shall provide the Borough with a written commitment that it will allow future service providers to co-locate wireless communications facilities on the tower where economically and technically feasible; provided, however, that the owner of the wireless tower shall not install any additional wireless telecommunications facilities without obtaining the prior written approval of the Borough.

Additional Specific Requirements for Wireless Towers Constructed Within the Right-of-Way.

Permitted in Certain Zones Subject to Regulations. New wireless towers in the right-of-way shall be permitted only in the Flex-Office, Highway Business, and Heavy Manufacturing Districts, subject to the restrictions and conditions provided herein. Additionally, no new wireless tower shall be located within 100 feet of the zoning district boundary of the Downtown Gateway Districts nor within 100 feet of the boundary of any historic district within the Borough.

Time, Place, and Manner. The Borough shall determine the time, place, and manner of construction, maintenance, repair, and/or removal of all wireless towers in the ROW based on public safety, traffic management, physical burden on the ROW, and related considerations. For public utilities, the time, place, and manner requirements shall be consistent with the police powers of the Borough and the requirements of the Public Utility Code.

Equipment Location. Wireless towers in the ROW and any accessory equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, or to otherwise create safety hazards to pedestrians and/or motorists, or to otherwise inconvenience public use of the ROW as determined by the Borough. Equipment connected to, or associated with, a wireless tower shall be either attached to the same pole, with at least 12 feet of vertical clearance between the ground and the bottom of the equipment structure, or located underground.

Relocation or Removal of Facilities. Within 60 days 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, an owner of a wireless tower in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change, or alter the position of any wireless telecommunications facility 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:

The construction, repair, maintenance, or installation of any Borough or other public improvement in the right-of-way;

The operations of the Borough or other governmental entity in the right-of-way;

Vacation of a street or road or the release of a utility easement; or

An emergency as determined by the Borough.

Compensation for ROW Use. In addition to permit fees as described in Section 505, Subsection 4F, every wireless tower in the ROW is subject to the Borough's right to fix annually a fair and reasonable compensation 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 annual ROW management fee for wireless towers in the ROW shall be determined by the Borough and authorized by resolution of the Borough Council and shall be based on the Borough's actual ROW management costs as applied to such wireless towers.

Additional Specific Requirements for Wireless Towers Constructed Outside of the Right-of-Way.

Permitted in Certain Zones Subject to Regulations. New wireless towers outside the right-of-way shall be permitted only in the Flex-Office, Highway Business, and Heavy Manufacturing Districts, subject to the restrictions and conditions provided herein. Additionally, no new wireless tower shall be located within 100 feet of the zoning district boundary of the Downtown Gateway Districts nor within 100 feet of the boundary of any historic district within the Borough.

Zoning Standards. A new wireless tower shall be permitted as either the sole use on a lot or combined with another nonresidential use on the same lot. The wireless tower and any other structures or equipment on the lot must comply with all applicable standards of the underlying zoning district, including, but not limited to, minimum lot size and setback requirements.

Fencing/Screening.

A security fence having a maximum height of six feet shall completely surround any new wireless tower or any accessory equipment or structures.

The applicant for a proposed wireless tower which shall be greater than 40 feet in height shall submit a landscaping and screening design plan which includes the following:

(a)

Assurances that the existing vegetation, trees, and shrubs located within the proximity of the wireless tower shall be preserved to the greatest extent practicable.

(b)

An evergreen screen created by planting trees (a minimum of six feet tall at planting that will grow to a minimum height of 15 feet at maturity) on ten-foot centers maximum around the perimeter of the security fence.

(c)

Ground-mounted equipment associated with or connected to a wireless tower is screened from public view using landscaping and/or screening, as described above.

In lieu of an evergreen screen, the Borough may instead approve use of an artificial screen, topography, walls, decorative fences, or other features. Furthermore, the requirement for evergreen screening may be waived by Council where, in the opinion of Council, the screening would not be appropriate or feasible.

Accessory Equipment and Structures. All utility buildings and accessory structures shall be architecturally designed to blend into the environment. All utility buildings and accessory structures shall have a maximum building footprint of 600 square feet and a maximum height of 15 feet.

Access Road. An access road, turnaround space, and parking shall be provided as needed to ensure adequate emergency and service access to the wireless tower. Maximum use of existing roads, whether public or private, shall be made to the extent practicable. Access drive grades shall closely follow natural contours to assure minimal visual disturbance and minimize soil erosion. Where applicable, the owner shall present documentation to the Borough that the property owner has granted an easement for the proposed facility. The access easement shall be a minimum of 20 feet in width, and the access drive shall be improved with a dust-free, all-weather surface to a width of at least 10 feet throughout its entire length.

Off-Street Parking. One off-street parking space shall be provided to ensure adequate emergency and service access to the wireless tower. Vehicular access shall not interfere with the parking or vehicular circulation for a principal use if also located on the lot; however, where appropriate and available, existing parking for the principal use may be utilized.

Inspection. The Borough reserves the right to inspect any wireless tower to ensure compliance with the provisions of this section 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 property upon which a wireless tower is located at any time, upon reasonable notice to the operator, to ensure such compliance.

Specific Requirements for Wireless Telecommunications Facilities.

Permitted in All Zones Subject to Regulations. Wireless telecommunications, facilities are permitted in all zones, subject to the restrictions and conditions prescribed herein and subject to the prior written approval of the Borough.

Easement. Where a wireless telecommunications facility will be installed or co-located on a property with another principal use, or a wireless telecommunications facility which is on a property with another principal use is to be replaced or modified, the applicant shall present documentation evidencing that the owner of the property has granted an easement, or executed a license agreement or other access agreement, satisfactory to the Borough for the proposed facility, which provides that vehicular access is provided to that facility.

Mounting. An applicant seeking to install, co-locate, replace, or modify a wireless telecommunications facility shall submit for review by the Borough for compliance with the applicable building codes, as amended, detailed construction and elevation drawings indicating how the wireless communications facility will be mounted on the wireless support structure.

Removal. In the event that use of a wireless telecommunications facility is 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 wireless telecommunications facilities or portions of wireless telecommunications facilities shall be removed as follows:

All abandoned or unused wireless telecommunications facilities and accessory equipment shall be removed within 12 months of the cessation of operations at the site, unless a time extension is approved by the Borough.

If the wireless telecommunications facility and/or accessory equipment is not removed within 12 months of the cessation of its operations, or within any longer period approved by the Borough, the wireless telecommunications facility may be removed by the Borough and the cost of removal assessed against the owner of the wireless telecommunications facility.

Historic Buildings. No wireless telecommunications facility may be located on a building or structure that is listed on either the National or Pennsylvania Register of Historic Places or designated by the Borough as being of historic significance.

Additional Specific Requirements for Wireless Telecommunications Facilities Located Within the Right-of-Way.

Time, Place, and Manner. The Borough shall determine the time, place, and manner of construction, maintenance, repair, and/or removal of all wireless communications facilities in the ROW based on public safety, traffic management, physical burden on the ROW, and related considerations. For public utilities, the time, place, and manner requirements shall be consistent with the police powers of the Borough and the requirements of the Public Utility Code.

Design Requirements.

Wireless communications facilities above the surface grade in the public ROW shall consist of equipment components that are no more than six feet in height and that are compatible in scale and proportion to the existing wireless support structures upon which they are mounted. All equipment shall be the smallest and least visibly intrusive equipment feasible.

Antennas and all support equipment shall be treated to match the existing wireless support structures. Wireless communications facilities and accompanying equipment shall be painted, or otherwise coated, to be visually compatible with the existing wireless support structure upon which they are mounted.

Equipment Location. Wireless communications facilities located in the ROW and any accessory equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, or to otherwise create safety hazards to pedestrians and/or motorists, or to otherwise inconvenience public use of the ROW, as determined by the Borough. Equipment connected to, or associated with, a wireless communications facility shall be either attached to the same wireless tower or wireless support structure, with at least 12 feet of vertical clearance between the ground and the bottom of the equipment structure, or located underground.

Relocation or Removal of Facilities. Within 60 days 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, an owner of a wireless communications facility located in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change, or alter the position of any wireless communications facility 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:

The construction, repair, maintenance, or installation of any Borough or other public improvement in the right-of-way;

The operations of the Borough or other governmental entity in the right-of-way;

Vacation of a street or road or the release of a utility easement; or

An emergency as determined by the Borough.

Compensation for ROW Use. In addition to permit fees as described in Section 505, Subsection 4F, every wireless communications facility located in the ROW is subject to the Borough's right to fix annually a fair and reasonable compensation 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 annual ROW management fee for wireless communications facilities located in the ROW shall be determined by the Borough and authorized by resolution of the Borough Council and shall be based on the Borough's actual ROW management costs as applied to such wireless communications facility.

10.

Specific Requirements for Wireless Support Structures Located Outside the Right-of-Way Substantially Modified by a Wireless Telecommunications Facility.

Design. Any utility buildings and accessory structures required for or in connection with the installation, co-location, replacement, or modification of the wireless telecommunications facility shall be architecturally designed to blend into the environment. All utility buildings and accessory structures shall have a maximum building footprint of 600 square feet and a maximum height of 15 feet.

Security Fencing. A security fence having a maximum height of six feet shall completely surround any utility buildings and accessory structures.

Screening. The applicant shall submit a landscaping and screening design plan which includes the following:

Assurances that the existing vegetation, trees, and shrubs located within the proximity of the wireless tower shall be preserved to the greatest extent practicable.

Ground-mounted equipment associated with or connected to a wireless tower is screened from public view using landscaping and/or screening, as described above.

Access. Vehicular access to any utility buildings and accessory structures shall not interfere with the parking or vehicular circulation on the site for the principal use.

Inspection. The Borough reserves the right to inspect any wireless communications facility to ensure compliance with the provisions of this section 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 property upon which a wireless communications facility is located at any time, upon reasonable notice to the operator, to ensure such compliance.

§ 506 Managed Meadows.

[Added by Ord. 2171, 1/8/2018]

Managed meadows shall only be permitted on parcels with a lot area of 1/2 acre or greater.

A managed meadow shall meet the following minimum setback requirements:

Twenty feet from public rights-of-way and alleyways; and

Four feet from sidewalks, trails, pedestrian routes, parking areas, fences, property lines, freestanding walls, and buildings.

A managed meadow shall not be permitted within any clear sight triangle.

Managed meadows shall be annually cut to a maximum height of six inches on or before April 1 of each calendar year.

§ 507 Accessory Uses.

[Ord. 1968, 9/8/2003, § 404; as amended by Ord. 2042, 8/13/2007; by Ord. 2067, 12/14/2009; by Ord. 2110, 5/13/2013; by Ord. 2142, 11/9/2015; and by Ord. 2171, 1/8/2018]

Greenhouse.

Greenhouses shall comprise a total floor area of no more than 250 square feet.

Greenhouses shall be located only in rear yards and shall not exceed eight feet in height.

(Reserved)

Garage — Private.

In Conservation and Gateway Districts, private garages may be the same general size, height and placement on the lot as similar buildings on the same side of the same block within a two-hundred-fifty-foot radius, except that whenever possible, garages should be accessed from an alley. A garage may have a second story if there are at least two other existing garages with second stories on the same side of the same block within a two-hundred-fifty-foot radius.

Parking Lots.

Parking lots shall meet the standards in Part 6.

The following chart shows the maximum allowable off-street spaces for residential uses:

Type of Use	Maximum Spaces
Single-family dwelling, detached	3 spaces
Single-family dwelling, semidetached	3 spaces
Single-family attached house	2 spaces
Multiple-family dwelling unit	2 spaces per dwelling unit

Dumpsters and Solid Waste Storage Units.

[Amended by Ord. No. 2203, 4/12/2021; and by Ord. No. 2219, 11/14/2022]

Dumpsters (routine collection) and solid waste storage units shall be screened on all sides from public view and enclosed by a solid fence or wall constructed of vinyl designed to look like wood, composite designed to look like wood, brick, stone, or stucco over concrete block (capped with brick, slate or stone). While natural enhancements to screening, like trees, shrubs, and other landscaping, are always encouraged, natural screening may not be used as a substitute for fencing or a wall. The fence or wall shall be higher than the container being screened but shall never be less than four feet in height.

Dumpsters (routine collection) and solid waste storage units shall only be accessible by a solid gate.

Dumpsters (routine collection) and solid waste storage units shall be located on a paved surface or concrete pad.

Dumpsters (routine collection) and solid waste storage units shall be located in the rear yard of the property, setback at least three feet from the rear and side property lines.

The placement of the dumpsters (routine collection) and solid waste storage units shall not result in a reduction of any existing off-street parking spaces.

Storage Sheds and Accessory Buildings.

Residential storage sheds and accessory buildings shall be no larger than 120 square feet and eight feet in overall height.

Nonresidential storage sheds and accessory buildings shall be no larger than 200 square feet and eight feet in overall height, with a maximum of up to three storage sheds and/or accessory buildings per lot.

In all districts, storage sheds and accessory buildings shall be located in the rear yard, a minimum of three feet from any property lines.

For nonresidential uses, the following standards shall apply:

Standard	Size
Minimum open space	20%
Maximum lot coverage	75%

Swimming Pools.

[Amended by Ord. No. 2196, 4/13/2020]

Swimming pools shall be used solely for occupants and guests of the property.

In order to prevent uncontrolled access to a swimming pool from the street or adjacent properties, the property must either construct a fence or wall around the perimeter of the pool area or the yard where the pool is located.

Swimming pools shall not be located in the front yard.

Storable swimming pools must be drained and removed before October 1 each year.

Storable swimming pools may be located no less than four feet from the side lot line and/or four feet from the rear lot line, where applicable. All other swimming pools may be located no less than seven feet from the side lot line and 10 feet from the rear lot line, where applicable. Storable swimming pools which cannot or is not drained and removed by October 1 will be subjected to the setback requirements for nonstorable pools.

Occupants must obtain a permit from licensing and inspections for all new or replacement pools prior to construction or installation; provided, however, that a new permit is not required for the annual setup of a storable pool of the same dimensions are submitted pursuant to the original application and it is erected in the same location.

Municipal or Civic Accessory Use/Structure. A structure or use of a structure erected or placed at a location approved by Borough Council and with the approval and permission of both Borough Council and the property owner, intended to enhance the public welfare and the quality of life of Borough residents, including but not limited to, bus shelters, benches, planters, bike racks and/or monuments.

Outdoor dining area.

[Added by Ord. No. 2183, 4/8/2019]

An outdoor dining area requires a valid permit issued by the Borough. The permit shall be conspicuously displayed for the benefit of the patrons at all times within the establishment.

The dining area shall be directly in front of or adjoining a street-level establishment.

The dining area shall be maintained at the same elevation as the existing sidewalk surface.

The dining area shall not infringe or encroach on the minimum number of off-street parking spaces or, in the event of shared parking facilities, further reduce available parking.

The dining area may be physically separated along its parameter from the public or parking areas by a railing, fence, planting boxes, a combination thereof, or some other means having the same effect. Collapsible or removable railing or fencing shall only be permitted where the ground receptacle can be capped, and the anchors cannot exceed a depth below grade of the sidewalk of four inches. Any collapsible railing or fencing shall be removed during periods of the year when the area is not in use. No partition shall create a safety risk (e.g., tripping hazard).

The dining area shall be set back at least 10 feet from all driveways and internal vehicle circulation lanes.

(Reserved)[1]

[1]

Editor's Note: Former Subsection 9G, which provided that no part of the dining area shall be within 15 feet of a transit stop, was repealed by Ord. No. 2187, 7/8/2019.

The dining area shall not infringe or encroach upon the clear egress space between any exit door of the structure and the clear sidewalk space.

The dining area shall not cover ventilation grates, and ventilation grates shall not be considered clear walk space.

Dining areas located at street intersections shall provide corner clearance by providing a ten-foot clear space from the point of tangency of the curbline.

Nonconforming uses are prohibited from operating an outdoor dining area.

§ 508 Outdoor Storage.

[Ord. No. 2183, 4/8/2019]

No part of a public right-of-way, buffer area, required front yards, stormwater management systems, or parking spaces shall be used for outdoor storage.

Where permitted, outdoor accessory storage areas shall occupy an area of a lot which is less than 25% of the ground floor area of the principal building or structure on the same lot.

Outdoor storage areas shall be shielded from public view and adjoining properties on ground level, and the fencing or wall shall be solid and constructed of wood, vinyl designed to look like wood, composite designed to look like wood, brick, stone, or stucco (capped with brick, slate, or stone).

[Amended by Ord. No. 2203, 4/12/2021; and by Ord. No. 2209, 12/13/2021]

Outdoor storage areas shall not be located closer than 15 feet to any side or rear property line, nor 15 feet from any structure or lot.

§ 509 Cellulose-Based Solid Waste (CSW) Gasification Facility.

[Added by Ord. No. 2197, 6/8/2020]

Permitted Use. This use shall only be permitted in the KEEP Overlay District.

Exemption. This use is specifically exempted from the regulations contained in Section A401(24), Solid Waste Facility.[1] If the regulations contained in this section conflict with any other section of Chapter 27, Zoning, the regulations contained herein shall be controlling.

[1]

Editor's Note: See Chapter 27, Appendix A4.

Dimensional Standards. The following shall apply to this use:

Minimum lot area: 30,000 square feet.

Minimum open space: 20%.

Maximum building coverage: 75%.

Front setback - building or structure: 50 feet.

Side setback - building or structure: 20 feet.

Rear setback - building or structure: 20 feet.

Minimum lot width: 150 feet.

Minimum lot depth: 200 feet.

Maximum building height: 55 feet.

Minimum floor to area ratio:

Twelve employees or less per acre: 15%.

Thirteen or more employees per acre: 20%.

Storage sheds and other similar:

Accessory structure setbacks: Follow primary setbacks.

Accessory Uses. In addition to any other permissible accessory uses within the applicable district, the following accessory uses shall be permissible by right in association a CSW Gasification Facility:

Biofuel storage tank (outdoor, aboveground).

Research and development facility.

Mechanics' bay/maintenance shop.

Minimum Off-Street Parking Spaces. This use requires three parking spaces for every 1,000 square feet of office space in addition to one space per employee working during the peak shift of operation in all buildings utilized for receiving, separating, storing, and/or converting biomass.

Fencing. Any area containing facilities for the receipt, separation, storage, and/or conversion of the biomass feedstock shall be encompassed by a chain-linked fence between six feet and 10 feet in height, improved with slats made of black high-density polyethylene (HDPE) or equivalent material, or other similar means deemed satisfactory by the Zoning Officer in order to prevent the escape of biomass feedstock from the subject property.

Buffering. Any area containing facilities for the receipt, separation, storage, and conversion of the biomass feedstock shall be buffered all sides, except for any side which fronts a right-of-way, by a double row of evergreens.

Multiple Principal Buildings. This use shall be exempted from § 500, Subsection 2, "Miscellaneous Regulations," provided that the buildings are used for the purposes of administrative offices, tipping floor and feedstock acceptance, feedstock sorting and drying reduction, gasifier and fuel conversion, storage, or other use deemed similar by the Zoning Officer.

Operation. Receipt, separation, conveyance, storage, and/or conversion of the biomass feedstock shall be conducted within enclosed structures with the minimum number of openings required, consistent with industry standards.

10.

Liquid Waste. All liquid waste shall receive treatment to Borough specifications prior to any disposal into drainage or sanitary systems.

11.

Conservation District Regulations. This use shall comply with the regulations contained in § A502, Performance Standards.[2]

[2]

Editor's Note: See Chapter 27, Appendix A5.

§ 510 Residential Driveways.

[Added by Ord. No. 2209, 12/13/2021]

Definition. For the purposes of this section, the term "driveway" shall mean a thoroughfare that provides vehicular access on a lot to a building or use.

The installation or expansion of driveways servicing existing single-family dwellings within the Conservation and Gateway Districts shall comply with Section A527, Driveways, Appendix A5, Design, of Chapter 22, Subdivision and Land Development, of the Code of Ordinances of the Borough of Pottstown, as amended, which is incorporated herein by reference.

Exceptions.

A driveway may be located in the side or front yard if the Zoning Officer determines that a driveway located in the rear yard is not feasible or the property is within a residential development in which driveways are historically located in the side or front yard. When a driveway is permitted in the front yard pursuant to this exception, no part of the driveway shall ever be located in the area existing between the dwelling and the street unless the driveway connects a street-facing attached garage to the street; the driveway then shall only extend into that area as much as is necessary to reasonably service the dwelling.