The Zoning Hearing Board shall make a determination that the proposed special exception use will or will not be permitted pursuant to the procedures set forth in § 450-64. The use shall be permitted if the standards and criteria set forth in this article are met. The use shall not be permitted if the standards and criteria set forth in this article are not met. The Zoning Hearing Board may attach reasonable conditions and safeguards which are necessary for the protection of the public health, safety, general welfare or morals of the community in the permitting of a special exception use.
These standards are applicable to all applications for special exception uses as set forth in Article IV.
A.
Such use shall be one which is specifically authorized as a special
exception use in the district within which such particular site is
located.
B.
For every special exception use, the Board shall determine that there
is appropriate provision for access facilities adequate for the estimated
traffic from public streets and sidewalks, so as to assure the public
safety and to avoid traffic congestion. Vehicular entrances and exits
shall be clearly visible from the street and not within 75 feet of
the intersection of the street lines at a street intersection if alternative
locations are available.
[Amended 9-17-2012 by Ord. No. 775]
C.
For every special exception use, the Board shall determine that there
are fully adequate parking areas and off-street truck loading spaces,
in conformity with this chapter and all other pertinent ordinances,
for the anticipated number of occupants, employees and patrons, and
that the layout of the parking spaces, truck loading berths and interior
driveways is convenient and conducive to safe operation.
D.
For every special exception use, the Board may require a protective
planting strip not less than 10 feet nor more than 30 feet in width,
situated within any required or rear yard, designed and laid out with
suitable evergreen plant material which will be planted at a minimum
height of four feet and will attain and shall be maintained at a height
of not less than eight feet so as to provide an effective natural
screen between the nonresidential and residential districts or uses.
A planting plan specifying the type, size and location of existing
and proposed plant material shall be required.
E.
For every special exception use, where the installation of outdoor
floodlighting or spotlighting is intended, the Board shall determine
that such lighting will not shine directly upon any abutting property,
nor upon the street. No unshielded lights shall be permitted.
F.
For every special exception use, the Board shall determine that adequate
provisions will be made for collection and disposal of stormwater
runoff from the site.
G.
For every special exception use, the Board shall determine that adequate
provision has been made for snow removal.
[Amended 7-2-2007 by Ord. No. 706]
A.
Purposes. To serve the intent and respond to the findings provided in Title 68, Article II, Subpart E, Chapter 55 of the Pennsylvania Consolidated Statutes, as amended, which are hereby included by reference.[1] To serve the overall objectives of this section and the
following purposes:
(1)
To recognize the adverse secondary impacts of adult-oriented establishments
that affect health, safety and general welfare concerns of the Borough.
These secondary impacts have been documented in research conducted
across the nation. These secondary impacts typically include, but
are not limited to, increases in criminal activity, increases in activities
that increase the risk of transmission of sexually transmitted diseases,
increases in activities that increase the risk of transmission of
other communicable diseases, increases in blight, decreases in the
stability of residential neighborhoods, and decreases in property
values for surrounding homes, and decreases in the marketability of
nearby commercial business space. The research conducted across the
nation concluded that adult-oriented establishments typically involved
insufficient self-regulation to control these secondary effects.
(2)
To limit adult-oriented establishments to locations where these secondary
impacts can be minimized, particularly as they affect residential
neighborhoods and commercial revitalization.
(3)
To not attempt to suppress any activities protected by the "free
speech" protections of the State and United States Constitutions,
but instead to control secondary effects.
[1]
Editor's Note: See 68 Pa.C.S.A. § 5501 et seq.
B.
A lot or parcel which contains an adult-oriented establishment or
massage parlor shall not be located within 1,000 lineal feet of another
lot or parcel which contains an adult-oriented establishment or massage
parlor.
C.
The setbacks for an adult-oriented establishment or massage parlors
shall also apply from dwellings, uses and residential districts located
in an adjacent municipality. The lot line of a lot occupied by an
adult-oriented establishment or massage parlor shall be located a
minimum of the following distances:
(1)
One thousand feet from an elementary or secondary school; child day-care
center or nursery school; church, synagogue, mosque or similar place
of regularly scheduled religious worship; library; public park or
playground; hotel/motel; bed-and-breakfast; or residential dwelling
unit.
(2)
Seven hundred fifty feet from a residential or conservation zoning
district.
D.
A fifty-foot buffer yard shall be provided, regardless of zoning
district, along the side and rear lot lines for adult-oriented establishments.
The buffer shall include continuous, opaque screening by evergreens
with an initial height of five feet. The buffer shall be installed
and maintained at all times by the property owner.
E.
No pornographic material, displays, signs or words shall be placed
in view of persons who are not inside the adult-oriented establishment.
Definite precautions shall be made to prohibit minors from entering
the premises.
F.
No adult-oriented establishment or massage parlor shall be used for
any purpose that violates any federal, state or municipal law.
G.
The adult-oriented establishment shall not include the sale or display
of "obscene" materials, as defined by Pennsylvania criminal law, as
may be amended by applicable court decisions.
H.
An adult-oriented establishment shall be prohibited in all districts
except as a special exception use in the Shopping Center District.
An adult-oriented establishment is a distinct use and shall not be
allowed under any other use, such as a retail store or club.
I.
A massage parlor shall be prohibited in all districts except as a
special exception use in the Shopping Center District.
J.
A minimum lot area of 0.5 acre is required for an adult-oriented
establishment.
K.
For public health reasons, private booths of any kind are prohibited.
This specifically includes, but is not limited to, booths for viewing
adult movies or nude dancers.
L.
No use may include live actual simulated sex acts nor any physical
or sexual contact between employees and entertainers nor between employees
or entertainers and customers. At an adult-oriented establishment
involving "live entertainment," employees or entertainers shall maintain
a minimum distance of three feet from customers. This shall include,
but not be limited to, a prohibition on "lap dancing."
M.
Only "lawful" massages, as defined by state court decisions, shall
be performed in a massage parlor.
N.
Any application for an adult-oriented entertainment use shall state
the names and business addresses of all individuals intended to have
more than a five-percent ownership in such use or in a corporation
owning such use and an on-site manager responsible to ensure compliance
with this section on a daily basis. A telephone number shall be provided
where the on-site manager can be reached during business hours. Such
information shall be updated at the beginning of each year in writing
to the Zoning Officer or his designee.
O.
The adult-oriented establishment use shall not operate between the
hours of 10:00 p.m. and 11:00 a.m. Massage parlors shall not operate
between the hours of 10:00 p.m. and 7:00 a.m.
P.
As specific conditions of approval under this section, the applicant
shall prove compliance, where applicable, with the following state
laws, as amended: the Pennsylvania Liquor Code, Act 219 of 1990 (which
pertains to sale or consumption of alcohol between 2:00 a.m. and 8:00
a.m.); Act 207 of 1990 (which pertains to obscenity); and Act 120
of 1996 (which pertains to adult-oriented establishments and which
limits enclosed viewing booths among other matters), as amended.[2]
[2]
Editor's Note: See 47 P.S. § 1-101 et seq., 18 Pa.C.S.A. §
5903, and 68 Pa.C.S.A. § 5501 et seq., respectively.
Q.
An adult-oriented establishment shall not be on the same lot as a
use that sells alcoholic beverages.
R.
All adult-oriented establishments and massage parlors shall be required
to:
(1)
Obtain and carry general liability coverage with the minimum amount
of $1,000,000 per occurrence, proof of which shall be filed with the
Borough of Hellertown Zoning Officer or his designee.
(2)
Possess a valid certificate of occupancy issued by the Pennsylvania
Department of Labor and Industry and Borough of Hellertown, and prominently
display said certificate as required.
(3)
Obtain from the Borough of Hellertown Zoning Officer or his designee
a valid, annually renewed, permit pursuant to this section, and prominently
display said permit as required.
(4)
Conspicuously post the hours of operation at the business premises,
such that patrons are sufficiently apprised of same.
S.
Adult-oriented businesses and massage parlor permit.
(1)
Any person or persons desiring to operate or continue to operate
an adult-oriented business or massage parlor shall file with the Borough
of Hellertown an application for an adult-oriented business or massage
parlor permit, which application shall include the following information:
the name and address of the adult-oriented business or massage parlor;
a statement whether the business premises is leased or owned by the
adult-oriented business or massage parlor; the name and address of
the lessor of the business premises, if applicable; the nature of
the ownership of the adult-oriented business or massage parlor, i.e.,
corporation, partnership, joint venture, association; the names and
addresses of the officers and/or financial interest in the adult-oriented
business or massage parlor.
(2)
The Zoning Officer of the Borough of Hellertown or his designee shall
determine whether the adult-oriented business or massage parlor fully
and completely complies with the provisions and requirements of this
section within 20 days following the date on which application is
received. If the Borough Zoning Officer or his designee determines
that the applicant fully and completely complies with the provisions
hereof, the Borough Zoning Officer or his designee shall issue an
adult-oriented business or massage parlor permit; if the Borough Zoning
Officer or his designee determines that the applicant does not fully
and completely comply with the provisions hereof, the Borough Zoning
Officer or his designee shall deny the issuance of an adult-oriented
business or massage parlor permit and shall furnish written evidence
of the same to the applicant together with the reason(s) for denial.
(3)
The adult-oriented business or massage parlor shall pay an administrative
fee of $250 for an adult-oriented business or massage parlor permit
and $250 for each renewal thereof. Said adult-oriented business or
massage parlor permit shall be effective for a period of one year
following the date of issuance, provided that, in the event the adult-oriented
business or massage parlor fails to fully and completely comply with
the provisions hereof or is convicted of any unlawful activity during
the term of the adult-oriented business or massage parlor permit,
the Borough of Hellertown shall have the authority to revoke the adult-oriented
business or massage parlor permit due to an adult-oriented business'
or massage parlor's lack of compliance.
(4)
Subject to the consent of an applicant or licensee, the Zoning Officer
or his designee may inspect the premises of adult-oriented establishments
and massage parlors for purposes of ensuring compliance with this
section during any time it is open for business. In the event that
the Borough Zoning Officer or his designee has probable cause to believe
that an adult-oriented establishment and massage parlor is operating
in violation of this section, he may inspect the premises of the adult-oriented
establishment and massage parlor for purposes of ensuring compliance
with this section during any time it is open for business.
(5)
No operator or employee of an adult-oriented establishment shall
permit any minor to loiter in any part of the establishment, including
parking lots immediately adjacent to the establishment used by patrons
of any adult-oriented establishment.
(6)
Every adult-oriented establishment doing business in this Borough
shall be well lighted at all times and be physically arranged in such
a manner that the entire interior portion of the booths, cubicles,
room or stalls where adult entertainment is provided shall be clearly
visible from the common areas of the premises. Visibility into such
booths, cubicles, rooms or stalls shall not be blocked or obscured
by doors, curtains, partitions, drapes or any other obstruction whatsoever.
It shall be unlawful to install enclosed booths, cubicles, rooms or
stalls within adult-oriented establishments for whatever purpose,
but especially for the purpose of providing for the secluded viewing
of adult-oriented motion pictures or other types of adult-oriented
entertainment.
(7)
No adult-oriented establishment shall contain partitions between
subdivisions of a room or portions or parts of a building, structure
or premises with an aperture which is designed or constructed to facilitate
sexual activity between persons on either side of the partitions.
(8)
The operator of each adult-oriented establishment shall be responsible
for and shall provide that any room or other area used for the purpose
of viewing adult-oriented motion pictures or other types of live adult
entertainment shall be well lighted and readily accessible at all
times and shall be continuously open to view in its entirety. The
premises shall be equipped with overhead lighting fixtures of sufficient
intensity to illuminate at not less than one footcandle as measured
at the floor level. It shall be the duty of the operator and the operator's
agents to ensure that the illumination required by this subsection
is maintained at all times that a patron is present in the premises.
The operation shall be consistent with practices and procedures
that are normally engaged by farmers or that is consistent with technological
development within the agricultural industry.
A.
The apartments shall be located in the same building as the stores
or offices.
B.
Exitways shall provide safe and continuous means of egress to a street
or to an open space with direct access to a street. Each apartment
shall be provided with direct and continuous access to such an exitway.
All required exitways shall be so located as to be discernible and
accessible without obstruction and so arranged as to lead directly
to the street or to an area of safety with supplemental means of egress
that will not be obstructed or impaired by fire, smoke or other cause.
C.
The total
combined number of residential and commercial units on a lot shall
be no more than the total permitted density of dwelling units in that
district.
[Added 1-4-2021 by Ord. No. 833]
A.
The maximum permitted density shall not exceed 25 units per acre.
B.
The facility shall have obtained any and all licenses and permits
required by the federal or state government which may be relevant
to the facility.
C.
A minimum of 20% of the site shall be suitable and developed for
outdoor passive recreation uses. The passive recreation areas may
include, but shall not be limited to, sitting areas and pedestrianwalks.
D.
Each facility shall develop an evacuation plan approved by the Chief
of the Dewey Fire Company or successor.
E.
Each facility shall meet the requirements of the Pennsylvania Department
of Labor and Industry.
The boardinghouse shall comply with the characteristics of a
boardinghouse established in the definition of the term.[1]
[Added 7-2-2007 by Ord. No. 706]
The following additional regulations shall apply to bottle clubs:
A.
Unlawful activities. In any district in which bottle clubs are otherwise
permitted, it shall be unlawful for any person or persons who own,
operate, lease, manage or control a bottle club to:
(1)
Remain open and/or transact business between the hours of 10:00 p.m.
and 11:00 a.m., prevailing time. In all cases, the premises must be
vacated within 15 minutes after the required closing time.
(2)
Conduct activities to which this section applies without possessing
a valid club permit as specified herein.
B.
Setbacks. The setbacks for a bottle club shall also apply from dwellings,
uses and residential districts located in an adjacent municipality.
The lot line of a lot occupied by a bottle club shall be located a
minimum of the following distances:
(1)
One thousand feet from an elementary or secondary school; child day-care
center or nursery school; church, synagogue, mosque or similar place
of regularly scheduled religious worship; library; public park or
playground; hotel/motel; bed-and-breakfast; or residential dwelling
unit.
(2)
Seven hundred fifty feet from a residential or conservation zoning
district.
C.
Club requirements. Any and all bottle clubs, as the term is defined,
shall comply with the following requirements:
(1)
Obtain and carry general liability coverage with the minimum amount
of $1,000,000 per occurrence, proof of which shall be filed with the
Borough of Hellertown Zoning Officer or his designee.
(2)
Possess a valid certificate of occupancy issued by the Pennsylvania
Department of Labor and Industry and Borough of Hellertown, and prominently
display said certificate as required.
(3)
Obtain from the Borough of Hellertown Zoning Officer or his designee
a valid bottle club permit pursuant to this section, and prominently
display said permit as required.
(4)
Conspicuously post the hours of operation at the business premises
such that patrons are sufficiently apprised of same.
D.
Bottle club permit.
(1)
Any person or persons desiring to operate or continue to operate
a bottle club shall file with the Borough of Hellertown an application
for a bottle club permit, which application shall include the following
information: the name and address of the bottle club; a statement
whether the business premises is leased or owned by the bottle club;
the name and address of the lessor of the business premises, if applicable;
the nature of the ownership of the bottle club, i.e., corporation,
partnership, joint venture, association; the names and addresses of
the officers and/or financial interest in the bottle club.
(2)
The Zoning Officer of the Borough of Hellertown or his designee shall
determine whether the bottle club fully and completely complies with
the provisions and requirements of this section within 20 days following
the date on which application is received. If the Borough Zoning Officer
or his designee determines that the applicant fully and completely
complies with the provisions hereof, the Borough Zoning Officer or
his designee shall issue a bottle club permit; if the Borough Zoning
Officer or his designee determines that the applicant does not fully
and completely comply with the provisions hereof, the Borough Zoning
Officer or his designee shall deny the issuance of a bottle club permit
and shall furnish written evidence of the same to the applicant, together
with the reason(s) for denial.
(3)
The club shall pay an administrative fee of $250 for a bottle club
permit and $250 for each renewal thereof. Said bottle club permit
shall be effective for a period of one year following the date of
issuance, provided that, in the event the bottle club fails to fully
and completely comply with the provisions hereof or is convicted of
any unlawful activity during the term of the bottle club permit, the
Borough of Hellertown shall have the authority to revoke the bottle
club permit due to the bottle club's lack of compliance.
A.
Adequate street area for the loading, unloading and stacking of the
buses or taxis shall be available. The traffic movements necessary
for the operation of the facility shall be arranged so as not to promote
traffic congestion and to maintain traffic safety.
B.
The facility shall not be used for the storage of vehicles.
[Added 7-2-2007 by Ord. No. 706]
The following additional regulations shall apply to check-cashing
businesses:
A.
The building area occupied by a check-cashing business shall not
be located within:
A.
Each apartment must include the following number of square feet of
interior space:
[Amended 10-6-2008 by Ord. No. 726]
B.
Each apartment must provide complete, independent living facilities
for one or more persons, including permanent provisions for living,
sleeping, eating, washing, cooking and sanitation.
C.
Ingress/egress. Exitways shall provide safe and continuous means
of egress to a street or to open space with direct access to a street.
Each apartment shall be provided with direct and continuous access
to such an exitway. All required exitways shall be so located as to
be discernible and accessible without obstruction and so arranged
to lead directly to the street or to an area of safety with supplemental
means of egress that will not be obstructed or impaired by fire, smoke
or other cause.
E.
Conversions shall conform to the lot size, building setback, lot coverage and height limitations as set forth in Article IV.
F.
No conversion shall require structural alterations of the existing
structure. The exterior appearance shall reflect the residential use
of the structure.
G.
Additional parking spaces shall not be located within the required
front yard. They shall be located in the side and rear yards.
H.
The parking area shall meet the screening requirements of § 450-20C(7)(a).
I.
Conversions shall have a minimum lot area of 2,000 square feet for
each proposed dwelling unit, with a maximum of four dwelling units
per lot.
[Added 10-6-2008 by Ord. No. 726]
[Amended 3-6-2017 by Ord.
No. 813]
A.
Spray painting or bodywork shall not be permitted.
B.
All refuse shall be stored within an enclosed area. All parts and
inoperable vehicles shall be stored in an enclosed structure.
C.
The gasoline pumps shall be arranged so that sufficient area exists
for expected lines of vehicles awaiting fueling within the property
line.
D.
In no case may the gasoline pump be located within 25 feet of any
property line.
E.
When the rental of equipment such as automobiles, trucks and trailers
is to be conducted, an additional 1,000 square feet of lot area shall
be provided for each five automobiles and trailers and 1,000 square
feet for each four trucks.
F.
Ancillary businesses such as car washes and convenience markets must
provide sufficient parking and a clear, safe access arrangement.
G.
All exterior lighting shall be directed away from residential properties.
The shop, through its use, shall not adversely affect adjoining
properties by reason of noise.
[Amended 2-7-2011 by Ord. No. 751]
A.
The facility shall have obtained and maintain any and all licenses
and permits required by the federal, state, county or local government
which may be relevant to the particular type of facility.
B.
A group home shall be subject to the same limitations and regulations by the Borough as the type of dwelling it occupies within each specified zoning district for which said use is permitted. Additionally, the provisions of § 450-24, General standards, shall not apply to group homes. However, the Board shall determine for the health, safety and welfare of the group home residents and employees that adequate parking areas exist to provide safe ingress and egress into the group home and to ensure parking is adequate for the anticipated number of occupants, employees and visitors.
C.
The facility shall not provide medical, counseling, day-care or other
services and/or any type of care whatsoever to persons who do not
reside at the group home.
D.
Involves persons functioning as a common household.
E.
Involves providing nonroutine support services and oversight to persons
who need such assistance to avoid being placed within an institution,
because of physical disability, old age, mental retardation/developmental
disability or other "handicap," as defined by the applicable federal
law.
F.
The use shall not be related to criminal rehabilitation of adults
or juveniles, treatment of the criminally insane or treatment for
current alcohol or drug addiction. The use does not meet the definition
of a "treatment center" or a "boardinghouse."
G.
Pursuant to the Fair Housing Act, as amended, a dwelling unit is
not required to be made available to an individual whose tenancy would
constitute a direct threat to the health or safety of other individuals
or whose tenancy would result in substantial physical damage to the
property of others. The Zoning Hearing Board shall determine if an
individual's proposed tenancy constitutes a direct threat to the health
or safety of other individuals or would result in substantial physical
damage to the property of others.
H.
Should any physical characteristics of the site involve construction
or changes, the applicant shall obtain land development approvals
from the Borough and an approval (license or certification) from the
Commonwealth of Pennsylvania licensing agency.
I.
A copy of the license or certification for operation shall be filed
with the Borough and shall be required to be shown to the Zoning Officer
upon request. Prior to any changes to sponsorship, management or type
of resident residing at the group home, the responsible person in
charge shall notify the Borough in writing within 14 days of a change
in the type of clients, the sponsoring agency, or the maximum number
of residents, or if an applicable certification license expires, is
suspended or is withdrawn, and shall provide written confirmation
that said change has been approved by the Commonwealth of Pennsylvania
licensing agency prior to instituting any such changes.
J.
The applicant shall demonstrate to the satisfaction of the Borough
that all necessary approvals and permits from the Pennsylvania Department
of Labor and Industry have been obtained with respect to fire protection,
safety measures, construction standards and building design/modification
standards to accommodate the handicapped.
K.
The applicant shall document to the Zoning Officer that all building,
fire, plumbing, heating, electrical and similar facilities meet the
standards set by the Borough and the Commonwealth of Pennsylvania.
L.
The premises at which the group home is located shall be owned or
leased by the social service agency sponsoring the group home. The
group home, by design and intent, shall provide for the long-term
need of its residents.
M.
Employees of the group home shall be prohibited from having visitors
on the premises, unless such visitation is necessary for the operation
of the group home and except for emergencies.
N.
The maximum number of occupants who shall reside in a group home
shall be determined by the Zoning Hearing Board based on the size
of the physical structure itself. The Zoning Hearing Board shall review
the livable square footage space, the number of bedrooms available
or which could be reasonably constructed to ensure the health, safety,
and welfare of the residents and to prevent overcrowding or any unsafe
condition which would be created due to the physical characteristics
of the structure proposed to be used as a group home.
O.
The Zoning Hearing Board shall consider a reasonable accommodation
to any applicant who shall make a request to change, waive or make
exceptions to any of the above conditions to afford individuals with
disabilities the same equal opportunity to housing as those who are
without disabilities. In analyzing a request for a reasonable accommodation,
the Zoning Hearing Board shall review the following factors and render
findings of fact on a case-by-case basis:
(1)
Whether the requested accommodation is reasonable. In order to analyze
if the requested accommodations is reasonable, the Zoning Hearing
Board shall analyze the following criteria:
(a)
Does the requested accommodation impose an undue financial or
administrative burden on the Borough.
(b)
Does the requested accommodation impose undue hardship on the
Borough.
(c)
Does the requested accommodation require a fundamental alteration
in the current nature of the Borough's zoning scheme.
[Added 2-7-2011 by Ord. No. 751]
A.
The facility shall have obtained any and all licenses and permits
required by the federal, state, county or local government which may
be relevant to the particular type of facility.
B.
A nondisabled group home shall be subject to the same limitations
and regulations by the Borough as the type of dwelling it occupies
within each specified zoning district for which said use is permitted.
Additionally, the provisions of § 45-24, General standards,
shall not apply to nondisabled group homes. However, the Board shall
determine for the health, safety and welfare of the nondisabled group
home residents that adequate parking areas exist to provide safe ingress
and egress into the nondisabled group home and to ensure parking is
adequate for the anticipated number of occupants and visitors.
C.
Involves persons functioning as a common household.
D.
The use shall not be related to criminal rehabilitation of adults
or juveniles, treatment of the criminally insane or treatment for
current alcohol or drug addiction, and further does not meet the definition
of a "treatment center" or a "boardinghouse."
E.
A dwelling unit shall not be required to be made available to an
individual whose tenancy would constitute a direct threat to the health
or safety of other individuals or whose tenancy would result in substantial
physical damage to the property of others. The Zoning Hearing Board
shall determine if the proposed tenancy constitute a direct threat
to persons or property.
F.
Should any physical characteristics of the site involve construction
or changes, the applicant shall obtain land development approvals
from the Borough and approval (license or certification) from any
other required Commonwealth of Pennsylvania agency.
G.
The maximum number of occupants who shall reside in a nondisabled
group home shall be determined by the Zoning Hearing Board based on
the size of physical structure itself. The Zoning Hearing Board shall
review the livable square footage space, the number of bedrooms available
or which could be reasonably constructed to ensure the health, safety
and welfare of the residents and to prevent overcrowding or any unsafe
condition which would be created due to the physical characteristics
of the structure proposed to be used as a nondisabled group home.
H.
The applicant shall document to the Zoning Officer that all building,
fire, plumbing, heating, electrical and similar facilities meet the
standards set by the Borough and the Commonwealth of Pennsylvania.
A.
A home occupation or home professional office shall occupy a space
which constitutes less than 25% of the floor area of the dwelling.
The occupation and office shall not occur in a garage or other accessory
building, nor shall such structures be used for the computation of
the floor area.
B.
No home occupation and home professional office shall require structural
alterations of an existing structure. The exterior design shall reflect
the principal residential use of the structure.
C.
The home occupation and the home professional office shall not create
noise, vibration, glare, odors, fumes or electrical interference beyond
the bounds of the property to any extent greater or more frequent
than ordinarily associated with the dwelling unit.
D.
All storage of materials associated with the home occupation and
the home professional office shall be in enclosed buildings.
A.
The housing shall be designed primarily for persons 55 years of age
or older, or handicapped.
B.
The housing shall consist of independent housekeeping units and shall
not incorporate nursing facilities or other medical care facilities
therein.
C.
The facility may include a community room, a congregate dining facility
and similar common areas.
All relevant federal and state permits for the operation shall
be obtained.
A.
There shall be a minimum distance of 25 feet between an individual
mobile home, including accessory structures attached thereto, and
the pavement of any mobile home park street, except that, when the
street serves less than 10 mobile homes, a minimum distance of 10
feet shall apply.
B.
Mobile homes shall be separated from each other and from other buildings
and structures by a minimum distance of 25 feet.
C.
Streets shall have a minimum road pavement width of 36 feet where
parking is permitted on both sides, or a minimum road pavement width
of 28 feet where parking is limited to one side. Where parking is
prohibited on both sides, the minimum pavement shall be 20 feet. The
above listed street width may be reduced by two feet if an adjacent
sidewalk is provided. A street serving less than ten-mobile homes
shall have a minimum width of 18 feet provided on-street parking is
prohibited.
E.
Mobile home parks shall be connected to public water supply and sewage
disposal systems.
A.
All painting and repair work shall be performed in an enclosed building.
B.
All parts, inoperative and dismantled vehicles and equipment shall
be screened or enclosed so as not to be visible outside the property.
C.
Outdoor vehicle and equipment storage areas shall be paved.
D.
Motor vehicles and equipment may not be stored outdoors for more
than 15 days.
A.
Each facility shall prepare an emergency plan approved by the Chief
of the Dewey Fire Company or successor.
B.
For propane and for aboveground oil facilities only, the fuel storage
area shall be surrounded by a chain-link-type fence of a minimum height
of five feet.
C.
Each facility shall conform to the requirements of Flammable and
Combustible Liquids Handbook (37 Pa. Code Chapters 11 and 13).
[Added 7-2-2007 by Ord. No. 706]
The following additional regulations shall apply to pawnshop
uses:
A.
The lot which contains a pawnshop shall not be located within 1,000
feet of another lot or parcel which contains a pawnshop.
B.
Setbacks. The setbacks for a pawnshop shall also apply from dwellings,
uses and residential districts located in an adjacent municipality.
The lot line of a lot occupied by a pawnshop shall be located a minimum
of the following distances:
(1)
One thousand feet from an elementary or secondary school; child day-care
center or nursery school; church, synagogue, mosque or similar place
of regularly scheduled religious worship; library; public park or
playground; or residential dwelling unit.
(2)
Seven hundred fifty feet from a residential or conservation zoning
district.
C.
A pawnshop shall require a zoning permit and a certificate of occupancy
before being open for business.
The establishment shall meet the industrial and research center performance standards of § 450-21.
A.
Application for public schools shall include a letter from the Pennsylvania
Department of Education stating that the requirements of the Department
relating to siting have been met.
B.
Private noncommercial schools shall meet all requirements of the
Pennsylvania Department of Education which pertain to the site, location
and siting of such schools.
A.
All areas used for vehicle storage, loading or maneuvering shall
be paved.
B.
The parking area shall be arranged so that all internal traffic movements
can be made without entering the public right-of-way.
C.
All repair operations shall be conducted within enclosed buildings.
D.
All storage shall be within enclosed structures.
The sign shall conform to the requirements of § 450-22.
[Added 7-5-2005 by Ord. No. 676]
A.
Principal use. Tower and/or antenna shall be permitted either as
a single use or a second principal use on a lot which is in conformity
with the Zoning Ordinance. Any tower that is a second principal use
shall be on either a leased or licensed premises that shall only be
assignable to another owner of the tower/antenna. A prohibition shall
be placed on any site plan that approves the tower/antenna use that
covenants that the leased or licensed property will not be conveyed
as a separate lot. Borough residents utilizing satellite dishes and
antennas for the purpose of maintaining television, phone, radio and/or
internet connections at their respective residences shall be exempt
from the regulations enumerated in this section of the Zoning Ordinance.
Amateur radio operators are exempt from the regulations enumerated
in this section.
[Amended 3-6-2017 by Ord.
No. 814]
B.
Tower classifications. A tower and accessory facilities may be permitted
for the following uses, if they comply with all of the requirements
of this section:
C.
Setback requirements.
(1)
The distance from the base of the proposed tower to the nearest point
on the lot line or leased lot line shall not be less than 110% of
the full height of the tower.
(2)
Guy wire anchors, if used, shall be set back a minimum of 40 feet
from any lot line or leased lot line.
(3)
If additional towers are present on the same lot, the distance from
the proposed tower to the base of the nearest tower, if it is self-supporting,
or the nearest guy anchor of a non-self-supporting tower shall not
be less than the full height of the tallest tower.
D.
Accessory facilities. Accessory facilities are permitted on the same
lot as a tower, subject to the following conditions:
(1)
An accessory facility containing equipment and control devices for
the continuing operation of a tower may be located on the lot.
(2)
No building or facility may be used as an office or as a broadcast
studio. No building or facility may be used for long-term vehicle
storage or for other outdoor storage.
(3)
No on-site employees shall be permitted to utilize any accessory
facility as an office. Employees are permitted to visit the site as
often as necessary for maintenance and inspection of the tower and
its accessory uses.
(4)
Accessory facilities may be lighted for security or for maintenance
purposes. Any such lighting shall be shielded, and no lights shall
be emitted upward or spill over onto adjacent properties. Upward lighting
will be permitted only on a temporary basis as may be required for
emergency tower maintenance or repair.
(5)
Lighting of parking areas and accessory facilities shall comply with
the specifications imposed by the Zoning Hearing Board, as recommended
by the Borough Engineer.
E.
Parking requirements. Two off-street stone/paved parking spaces per
tower shall be required. The parking spaces shall conform to the parking
standards of this chapter.
F.
RF interference to existing facilities. The applicant shall demonstrate
that the proposed transmitting facility will not cause RF interference
to any existing communications services (including but not limited
to other towers or transmitting facilities, communications services
reception by other property owners, etc.) in accordance with the FCC
requirements for the applicant's class of operation.
G.
EMR compliance. The applicant shall demonstrate that the proposed
RMS field intensity of EMR from applicant's antenna(s) measured at
the nearest point on the boundary of applicant's site from the proposed
antenna will not exceed the levels allowed under ANSI standard C95.3.
H.
Environmental impact. All new towers proposed in the Borough shall
conform to the following environmental impact guidelines:
(1)
Existing on-site vegetation shall be preserved to the maximum extent
practical.
(2)
Artificial lighting is prohibited on all proposed towers unless required
by the FAA. When artificial lighting is required, the use of strobe
lighting is prohibited unless specifically required by the FAA.
(3)
Where the site abuts a public street or a lot that is either zoned residential or used for a residential use, and where the base of the tower can be seen from the public street or from a dwelling on the residential lot, the site perimeter shall be buffered by planting natural screening [in accordance with Article V, § 450-19E(2), of this chapter] which blends in with existing vegetation to provide an effective screen. Existing vegetation, fencing or walls may be used if the Zoning Hearing Board finds:
(4)
No tower shall be located in a floodplain or wetland area.
(5)
Towers shall be painted or have a galvanized finish retained to reduce
visual impact. Alternate colors must be approved following justification
from the visual impact analysis. Owner shall maintain the tower in
accepted color at all times.
(6)
Visual impact analysis.
(a)
To the extent permitted by federal and state law, the applicant
shall be required to undertake a visual impact analysis on any proposed
commercial communications tower or any proposed modification to an
existing tower which caused said tower to exceed 30 feet in height
from its original permitted height. The visual impact analysis, in
the form of a written report, shall assess the cumulative impacts
of the proposed facility and other existing and foreseeable commercial
communications towers in the area and shall identify and include all
feasible mitigation measures necessary to mitigate any negative visual
impact by the proposed tower. Mitigation measures should be consistent
with the technological requirements of the applicant. All Borough
costs for the review of visual impact analysis and applicable administrative
costs shall be borne by the applicant.
[Amended 3-6-2017 by Ord.
No. 814]
(b)
The visual impact analysis report shall include, but not be
limited to, the following:
[1]
A photograph simulation of predevelopment versus post-development
views from key viewpoints, but from no less than the four sides.
[2]
An analysis of possible alternative tower structure designs
and color schemes.
[3]
An analysis of the visual impact of the tower base, accessory
buildings and overhead utility lines from abutting properties and
streets.
[4]
If required by the Borough, an additional simulation of the
tower's visual impact shall be provided by erecting a mechanical construction
crane to the proposed height of the tower at the proposed project
site. The applicant shall allow the viewing of the crane simulation
by the Borough and interested parties.
(c)
The Borough shall review and consider all information presented
in the report. Measures necessary to mitigate negative visual impacts
created by the proposed tower shall be provided to the satisfaction
of the Borough.
I.
Observatory telescope line-of-sight clearance. There shall be maintained
an unobstructed twenty-degree line-of-sight measured from the horizontal
plane surrounding any observatory telescope where the observatory
telescope has a greater than twenty-five-centimeter aperture and the
observatory facility is erected for the public use for research and/or
educational purposes.
J.
FAA lighting and marking requirements. Lighting shall only be installed
on a tower if it is required by the FAA. If lighting is not required
by the FAA or any other governmental agency having jurisdiction, then
lighting shall not be installed on a tower. Only the minimum lighting
necessary to meet governmental requirements shall be permitted. If
strobe lights or flashing mechanisms are not required by such governmental
agencies, then such lighting shall not be permitted.
K.
Tower design and installation.
(1)
For any commercial communications tower or antenna higher than 50
feet, the applicant shall provide certification from a registered
professional engineer stating that the commercial communications tower
or antenna meets the wind resistance stated in the latest version
of the International Building Code. The registered professional engineer
shall also certify to the overall structural integrity of the commercial
communications tower or antenna and/or base structure and building
supporting the tower or antenna and certify to the determination of
the fall zone.
(2)
If a non-self-support tower is proposed, the applicant must use a
guy wire configuration which is designed and certified by a registered
professional engineer.
(3)
All new towers permitted after the effective date of this section
must be engineered to accommodate additional new users.
(4)
The base of the tower shall be surrounded by a secure fence with
a minimum height of eight feet.
(5)
The tower design and installation shall also comply with any additional
federal, state and local regulations as may apply.
L.
Specific additional requirements for each tower classification.
(1)
FM/television broadcasting use. An applicant proposing to erect a
new tower for an FM/television broadcasting use, as defined herein,
shall also comply with the following standards:
(a)
No FM/television broadcasting tower shall exceed a height of
200 feet.
(b)
Applicant shall request the minimum antenna height above ground
level which will satisfy the HAAT[1] requirements stipulated on the applicant's FCC construction
permit, provided the requested height of the tower does not exceed
200 feet above ground level.
[1]
Editor's Note: Height above average terrain.
(2)
Land mobile radio use. An applicant proposing to erect a new tower
for land mobile radio use, as defined herein, shall also comply with
the following:
(a)
Applicant shall demonstrate that the requested location can
be reasonably expected to provide the signal coverage deemed necessary
by the applicant.
(b)
Applicant shall request the minimum antenna height above ground
level which will satisfy the antenna height requirements stipulated
on the applicant's FCC license, provided the requested height of the
tower does not exceed 199 feet above ground level.
(3)
Cellular telephone use. An applicant proposing to erect a new tower
for Cellular Telephone use shall also comply with the following:
(a)
No cellular telephone tower shall exceed a height of 200 feet.
(b)
Applicant shall demonstrate that existing tall structures within
a one-quarter-mile radius of the proposed operation will not accommodate
the applicant's proposed operation. The Borough may deny the application
to erect a new tower if the applicant has not made a good faith effort
to mount the antenna on an existing structure.
(c)
Applicant shall request the minimum tower height necessary to
satisfy its function in the company's grid system, provided the requested
height of the tower does not exceed 200 feet above ground level.
(d)
Notwithstanding any other provisions in this section, the following
shall also apply to cellular telephone use since each cellular telephone
system is set up in a unique system of antennas to create a network
for complete and adequate service:
[1]
Cellular telephone tower or antenna may be located on a lot
with additional principal uses or buildings as long as all requirements
of this section (cellular telephone use) are met.
[2]
Cellular telephone towers shall be set back from all property
boundaries a distance no less than 110% of the height of any proposed
tower.
(4)
Point-to-point microwave use. An applicant proposing to erect a new
tower for point-to-point microwave use shall also comply with the
following:
(a)
No point-to-point microwave tower shall exceed a height of 200
feet.
(b)
Applicant shall request the minimum tower height necessary to
satisfy line-of-sight requirements to the next relay links in the
microwave system, provided the requested height of the tower does
not exceed 200 feet above ground level.
(5)
Lease tower use. An applicant proposing to erect a lease tower shall
comply with the following:
(a)
No lease tower shall exceed a height of 200 feet.
(b)
Applicant shall request the minimum antenna height.
(c)
Aboveground level which will reasonably accommodate the antenna
height requirements of prospective users, provided the requested heights
of the tower does not exceed 200 feet above ground level.
(6)
Requirements for any other use. An applicant proposing to erect a
new tower for any other use shall also comply with the following:
(a)
No tower shall exceed a height of 200 feet.
(b)
Applicant must request the minimum antenna heights above ground
level which will satisfy the antenna height requirements stipulated
on the applicant's FCC license, provided the requested height of the
tower does not exceed 200 feet above ground level.
M.
Application contents for a new tower. An application for permission
to erect a new tower in the Borough shall include:
(1)
A copy of applicant's FCC construction permit (for broadcast use)
or FCC station license (for other uses).
(2)
A detailed site plan drawn, in accordance with § 450-78, to scale and identifying: the site boundary; the proposed tower and any existing towers; guy wire anchors; existing and proposed structures; existing vegetation to be retained, removed or replaced; and uses, structures and land-use designations on the site and on neighboring parcels. In addition, the following information shall be depicted on the site plan:
(a)
Plan to be titled "Site Plan" with plan date and any subsequent
revision dates.
(b)
Name and address of landowner, developer and plan preparer.
(c)
Tax map, block and lot number and deed reference of the property.
(d)
Graphic scale, written scale, North arrow and legend.
(e)
Site boundaries with a closure of 1:10,000, for lease and easement
areas, tied to a certified boundary survey of the tract boundaries
showing existing property monumentation. Corners of lease and easement
areas are to be monumented with iron pins, which shall be shown on
the plan.
(f)
Existing and ultimate street right-of-way lines and existing
easements.
(g)
Boundaries of all adjoining properties with names of landowners
and tax map, block and lot numbers.
(h)
The date of zoning hearings where any zoning variances or special
exceptions were granted.
(i)
Existing features within 200 feet of the property, including
structures, wooded areas, significant tree masses, watercourses, rock
outcrops and utilities.
(k)
Proposed lighting, landscaping (with quantity, size, type and
spacing), tower, guide wire anchors, building, fencing locations,
utility lines, erosion and sedimentation controls.
(l)
Proposed limits of stone or paved areas. Storm drainage calculations
are required for projects adding more than 5,000 square feet of impervious
cover.
(m)
Restrictive notes or covenants.
(n)
Tower profile and detail of antenna array showing the number,
shape and configuration of antennas.
(o)
Dimension and identification of fall zone on the plan.
(3)
A technical description of the facility, to include:
(a)
A description of the tower and the technical and other design
factors of the tower.
(b)
A description of the capacity of the tower, including the number
and types of antennas that it can accommodate.
(c)
A statement from the FCC, FAA and State Aeronautics Division
that the proposed tower complies with applicable regulations or that
the tower is exempt from those regulations.
(4)
An intermodulation analysis certified by a professional communications
engineer which demonstrates that the proposed new equipment will not
cause undue RF interference to existing towers or transmitting facilities
or communications service reception by other property owners. The
applicant shall be responsible to resolve all instances of interference
caused by the actual operation of the tower that occurs after its
installation.
N.
Co-location and shared-use requirements.
(1)
The shared use of existing public utility towers, antennas and wireless
telecommunications services facilities shall be strongly encouraged.
The Borough shall maintain an inventory of existing towers, antennas
and wireless communications services facilities, including public
utilities that are obligated under the Federal Telecommunications
Act of 1996 to provide wireless communications service carriers with
nondiscriminatory access to their facilities.
(2)
While co-location and shared use shall be considered a permitted use as hereinabove referred, nonetheless and prior to the installation of an antenna or other equipment on an existing tower or service facility, an applicant shall make application for a zoning permit from the Borough Zoning Officer or his designee. Applications for collocated facilities that fall under the Pennsylvania Wireless Broadband Collocation Act or the applicable provision of the FCC's October 2014 Report and Order shall not be subject to the permit requirements in § 450-55N(2)(a) through (d). All other applications for such permit shall include:
[Amended 3-6-2017 by Ord.
No. 814]
(a)
Wind-loading analysis certified by a licensed professional communications
engineer or licensed professional civil/structural engineer which
demonstrates that the proposed communications antenna or equipment
will not exceed the structural capacity of the existing tower or facility.
(b)
An intermodulation analysis which demonstrates that the proposed
transmitting facility will not cause RF interference to any existing
communications services (including but not limited to other towers'
or transmitting facilities' communications services reception by other
property owners, so forth) in accordance with the FCC requirements
for the applicant's class of operation. The applicant shall be responsible
to resolve all instances of interference caused by the actual operation
of the tower and any additional antennas or equipment after installation.
(c)
Information demonstrating that the RMS field intensity of EMR
from the existing tower or service facility (with all existing and
proposed antenna and equipment) measured at the nearest point on the
boundary of applicant's site from the proposed antenna or equipment
will not exceed the levels allowed under ANSI standard C95.3.
(d)
A site plan shall be required, and an applicant shall comply
with all other specifications of this section.
(3)
To the extent permitted by state and federal law, the total height
of any wireless support structure and mounted antenna shall not exceed
20 feet above the maximum height permitted in the underlying zoning
district. The placement of antennas and commercial communications
towers on single-family dwellings is prohibited.
[Added 3-6-2017 by Ord.
No. 814]
O.
Removal of communications towers.
(1)
If a wireless telecommunications services facility, tower or antenna
remains unused for a period of 12 consecutive months, the applicant,
owner or service provider shall dismantle and remove the wireless
telecommunications services facility, tower or antenna within six
months of written notice to do such by the Borough Zoning Officer
or his designee or the Borough Code Enforcement Officer. The applicant,
owner or service provider must provide to the satisfaction of the
Borough a written agreement (approved by the Borough Solicitor and
suitable for filing with the Borough) to ensure telecommunications
services facility tower or antenna removal and site restoration, including
but not limited to the following:
(a)
Safe, timely and complete removal of the entire wireless telecommunications
services facility tower and antenna and any portion thereof, including
any portion above the height of the tower or antenna.
(b)
Revegetation of the area to eliminate all traces and evidence
of the wireless telecommunications services facility, tower and antenna
ever having been there.
(c)
A financial surety (acceptable to the Borough Solicitor and
the Borough Engineer) to cover the cost of the remediation of any
damage to the landscape which occurs during the cleaning of the site.
(d)
A financial surety (acceptable to the Borough Solicitor and
the Borough Engineer) to cover the cost of maintaining landscape plantings.
(e)
The financial sureties and security referenced in this section
shall continue in full force and effect as long as the tower, antenna
or facility is in existence.
(2)
Further, as a condition precedent to the grant of any permit or use, the applicant, owner or service provider shall enter into the written agreement noted in Subsection O(1) of this section and post security (in a form acceptable to the Borough Solicitor and the Borough Engineer and in favor of the Borough of Hellertown) in an amount sufficient to cover the facility, tower and antenna removal and complete site cleanup costs (plus an additional 15%). In the event that the applicant, owner or service provider of the facility, tower or antenna fails to remove the facility, tower or antenna within six months of written notification by the Borough Zoning Officer or his designee or the Borough Code Enforcement Officer, the Borough shall utilize the security to effect removal of the facility, tower or antenna in a manner consistent with the regulations set forth in this section.
P.
Indemnification and insurance requirements.
(1)
Release and indemnification. The Borough shall not grant any permit
or use and shall not authorize an antenna or tower location or service
facilities construction until and unless the Borough obtains an adequate
indemnification from such applicant, owner or service provider. This
indemnification must provide, at the minimum:
(a)
A general release of the Borough from and against any and all
liability and responsibility in or arising out of the construction,
operation, maintenance or repair of the wireless telecommunications
services facility, tower or antenna. Each applicant, owner or service
provider must further agree not to sue or seek any money or damages
from the Borough in connection with the above.
(b)
Indemnify and hold harmless the Borough, its elected and appointed
officers, agents, servants and employees from and against any and
all claims, demands or causes of action of whatsoever kind or nature,
and the resulting losses (including personal injury, property damage
or death), costs, expenses, reasonable attorney's fees, liabilities,
damages, orders, judgments or decrees sustained by the Borough or
any third party arising out of or by reason of or resulting from any
act (or failure to act) by an applicant, owner or service provider
or his duly authorized servants, agents, employees or designated representatives;
and
(c)
Provide that the covenants and representations relating to the
indemnification provision shall be incorporated into the written agreement
and continue in full force and effect as long as the tower, antenna
or facility is in existence.
(2)
Insurance. The Borough shall not grant any permit or use and shall
not authorize a tower or antenna location or service facilities construction
until and unless the Borough obtains assurance that the applicant,
owner or service provider has adequate insurance, as determined by
the Borough Zoning Officer or his designee. At a minimum, the following
insurance requirements shall be satisfied:
(a)
A wireless telecommunications services facility applicant, owner
or service provider shall not commence construction of a tower or
antenna or service facility without obtaining all insurance required
under this section and approval of such insurance by the Borough Zoning
Officer or his designee, nor shall any contractor or subcontractor
be permitted to commence work on its contract or subcontract until
all such similar insurance required of the same has been obtained
and approved by the Borough Zoning Officer or his designee. The required
insurance must be obtained and maintained for the entire period the
wireless telecommunications services facility, tower or antenna is
in existence. If the applicant, owner or service provider, its contractors
or subcontractors do not have the required insurance, the Borough
may order such entities to cease operation of the wireless telecommunications
services facility, tower or antenna until such insurance is obtained
and approved.
[Amended 9-17-2012 by Ord. No. 775]
(b)
Certificate(s) of such insurance, reflecting evidence of the
required insurance and adding the Borough as additional insured, shall
be filed with the Borough Zoning Officer or his designee. The certificate(s)
shall be filed prior to the commencement of construction and once
a year for each succeeding year thereafter, and as provided below
in the event of a lapse in coverage.
(c)
The certificate(s) of insurance shall contain a provision that
coverages afforded under such policies shall not be cancelled until
at least 30 days' prior written notice has been given to the Borough.
All insurance policies shall be issued by companies authorized to
do business under the laws of the Commonwealth of Pennsylvania.
(3)
Inspections. Where applicable and in the event that the insurance
certificate provided indicates that the insurance shall expire or
terminate or if the Zoning Officer or his designee shall have reason
to believe that the facility, tower or antenna may have sustained
structural, mechanical or electrical damage, but in no case less than
once annually, the Zoning Officer or his designee shall inspect a
tower or antenna or service facility. A copy of the inspection report
shall be submitted to the Borough Zoning Officer or his designee and
to the Borough Manager or his designee and shall be kept on file at
the Borough office.
[Added 9-17-2012 by Ord.
No. 775]
(4)
Failure to submit said inspection report either by annual deadline
or other date as may be specified by the Borough Zoning Officer or
his designee will result in the presumption that the facility, tower
or antenna is no longer operational. If the annual inspection report
is not so received, the applicant, owner or service provider must
initiate the dismantling and removal of the facility, antenna and
tower at the applicant's, owner's or service provider's expense as
per this section.
(5)
If upon any annual periodic inspection the Borough concludes that
a facility, tower or antenna fails to comply with building codes and
customary standards (generally accepted within the building and construction
industry) or constitutes a danger or threat to persons or property,
then, upon written notice being provided to the applicant, owner or
service provider of the facility, tower or antenna, the applicant,
owner or service provider shall have 30 days to bring such facility,
tower or antenna into compliance with such codes and standards. If
the applicant, owner or service provider fails to bring such facility,
tower or antenna into compliance within 30 days, the applicant, owner
or service provider shall immediately dismantle and remove the facility,
antenna or tower at his own expense as per this section.
Q.
Annual application fee. The owner, operator or service provider of
the tower facility, tower or antenna shall apply annually to the Borough
for an operation permit. The annual application will allow the applicable
Borough officials to monitor the use of a particular cellular communications
tower and related equipment. The fee for the permit fee shall be established
by the Hellertown Borough Council by resolution, either annually or
through terms of multiple-year contract.
(1)
Up-front
fees: $500 for nonrecurring fees, including a single up-front application
that includes up to five small wireless facilities, with an additional
$100 for each small wireless facility beyond five; or $1,000 for nonrecurring
fees for a new pole intended to support one or more small wireless
facilities. These fees may be amended by the Hellertown Borough Council
by resolution annually or through terms of multiyear contracts.
[Added 4-1-2019 by Ord. No. 829]
(2)
Recurring
fees: $270 per small wireless facility, including antennas and poles,
per year for all recurring fees, including any possible right-of-way
access fees or attachment fees to municipality-owned structures in
the right-of-way.
[Added 4-1-2019 by Ord. No. 829]
R.
Historic areas and buildings. The placement of commercial communications
towers or antennas, or their related equipment, on any building or
structure that is listed on either the National or Pennsylvania Registers
of Historic Places, or is listed on the official historic structures
and/or historic districts list maintained by the Borough, is prohibited.
[Added 3-6-2017 by Ord.
No. 814]
S.
Public safety communications and other communications services. Commercial
communications towers and antennas shall not interfere with public
safety communications or the reception of broadband, television, radio
or other communications services enjoyed by occupants of nearby properties.
[Added 3-6-2017 by Ord.
No. 814]
T.
Gap in coverage or capacity. To the extent permitted by state and
federal law, an applicant for commercial communications tower construction
must demonstrate that a significant gap in wireless coverage or capacity
exists in the applicable area and that the type of communications
facility being proposed is the least intrusive means by which to fill
that gap. 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 a new tower.
[Added 3-6-2017 by Ord.
No. 814]
U.
Time frames for approval. Pursuant to FCC regulations and Pennsylvania
state law, the Borough and the applicant shall adhere to all applicable
time frames with respect to applications for approval.
[Added 3-6-2017 by Ord.
No. 814]
(1)
For applications that fall under the Pennsylvania WBCA or substantially
change the wireless support structure upon which the proposed facility
is to be mounted, the Borough shall notify the applicant in writing
of any information that may be required to complete such application
within 30 calendar days of the date that an application for an antenna
is filed with the Borough. Within 60 calendar days of receipt of a
complete application, the Borough shall make its final decision on
whether to approve the application and shall advise the applicant
in writing of such decision.
(2)
For applications for collocated facilities that do not fall under
the Pennsylvania WBCA, the Borough shall notify the applicant in writing
of any information that may be required to complete such application
within 30 calendar days of the date that an application for an antenna
is filed with the Borough. Within 90 calendar days of receipt of a
complete application, the Borough shall make its final decision on
whether to approve the application and shall advise the applicant
in writing of such decision.
(3)
All applications for towers shall be acted upon by the Borough within
150 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 an application,
the time required by the applicant to provide the information shall
not be counted toward the one-hundred-fifty-day review period.
(4)
All
small wireless facilities shall be acted upon by the Borough as follows:
1) 60 days for small wireless facilities added to existing structures,
regardless of whether the structure currently supports a wireless
facility; and 2) 90 days for small wireless facilities that require
a new support structure (i.e., new poles). This time frame shall include
obtaining any zoning approvals, applicable permits, and any necessary
agreements between the municipality and the applicant. The applicable
time period shall commence on the day the application is submitted
to the Borough of Hellertown. If an applicant for a small wireless
facility submits an incomplete application, the time frame for approval
may be reset by the Borough of Hellertown, which shall notify the
applicant within 10 days of submission that the application is incomplete.
For any subsequent determinations of incompleteness, the time frame
for approval is tolled if the Borough notifies the applicant within
10 days of submission that the additional information provided is
insufficient.
[Added 4-1-2019 by Ord. No. 829]
V.
Commercial communication towers in the public rights-of-way. In addition to the provisions listed in § 450-55F, H(4), H(6), J, K(3), L(3)(b), K(5), M(2)(a) and (b), M(2)(d), M(2)(f) through (i), M(2)(k), M(2)(n), M(3)(a) and (b), M(4), O, R, S, T, and U, the following regulations shall apply to applications for new commercial communications towers to be located in the public rights-of-way ("ROW"):
[Added 3-6-2017 by Ord.
No. 814]
(1)
Special exception required. Applicants for new commercial communication
towers in the ROW shall proceed through the special exception process,
pursuant to the guidelines and procedures set forth in the Borough
Zoning Code. The special exception application shall demonstrate that
the proposed facility conforms to all applicable requirements and
guidelines enumerated in the Borough Zoning Code.
(2)
Height. Towers in the ROW shall not exceed 32 feet in height and
are prohibited in areas in which all utilities are located underground.
To the extent permissible under state and federal law, any height
extensions to an existing tower in the ROW shall require a permit
from the Borough, and shall not increase the overall height of the
tower to more than 36 feet.
(3)
Location. Towers shall not be located in the front facade area of
any structure, or within 75 feet of an area in which all utilities
are located underground.
(4)
Placement. If co-location on existing utility poles, towers, or other
tall structures is not possible, new towers in the ROW shall be permitted
via special exception along certain collector and arterial roads,
regardless of the underlying zoning district. A listing of permissible
roads is adopted via resolution of Borough Council and is reviewed
on a regular basis.
(5)
Distance from curb. Towers and related 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. Additionally:
(a)
In no case shall ground-mounted related equipment, walls, or
landscaping be located within 18 inches of the face of the curb;
(b)
Ground-mounted equipment that cannot be placed underground shall
be screened, to the fullest extent possible, through the use of landscaping
or other decorative features to the satisfaction of the Borough;
(c)
Required electrical meter cabinets shall the screened to blend
in with the surrounding area to the satisfaction of the Borough; and
(d)
Any graffiti on the tower or on any related equipment shall
be removed at the sole expense of the owner.
(6)
Design. The 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.
(7)
Noise standards. The tower 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.
(8)
Wind. All commercial communications towers shall be designed to withstand
the effects of wind according 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).
(9)
Replacement and repairs. To the extent permissible under federal
law, the removal and replacement of an antenna and/or related equipment
for the purpose of upgrading or repairing the communications facility
is permitted, so long as such repair or upgrade does not substantially
change the overall size of the wireless support structure or the number
of antennas. Any modification to an existing communications facility
shall require notice to be provided to the Borough, and possible supplemental
permit approval to the original permit or authorization.
(10)
Removal. 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 tower
in the ROW shall, at its own expense, temporarily or permanently remove,
relocate, change or alter the position of any tower 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:
(a)
The construction, repair, maintenance or installation of any
Borough or other public improvement in the right-of-way;
(b)
The operations of the Borough or other governmental entity in
the right-of-way;
(c)
Vacation of a street or road or the release of a utility easement;
or
(d)
An emergency as determined by the Borough.
(11)
Reimbursement for ROW use. In addition to permit fees as described
in this section, every tower 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 tower 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.
(12)
Time, place, and manner. The Borough shall determine the time,
place and manner of construction, maintenance, repair and/or removal
of all 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.
W.
Commercial communications antennas in the ROW. In addition to the regulations enumerated in § 450-55F, K(1), N(2)(a) through (c), R, S, T, and U, antennas in the ROW shall be subject to the following:
[Added 3-6-2017 by Ord.
No. 814]
(1)
Placement. Antennas in the ROW shall be collocated on existing poles,
such as existing utility poles or light poles. If collocation is not
technologically feasible, the applicant, with the Borough's approval,
shall locate its antenna on existing poles or freestanding structures
that do not already act as wireless support structures.
(2)
Wind. All antennas shall be designed to withstand the effects of
wind according 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).
(3)
Design. To the extent not prohibited by state or federal law, antenna
installations located above the surface grade in the public ROW including,
but not limited to, those on streetlights and joint utility poles,
shall consist of equipment components that are no more than six feet
in height and that are compatible in scale and proportion to the structures
upon which they are mounted. All equipment shall be the smallest and
least visibly intrusive equipment feasible.
(4)
Appearance. Antennas and related equipment shall be treated to match
the supporting structure (i.e., stealth technology) and may be required
to be painted, or otherwise coated, to be visually compatible with
the support structure upon which they are mounted. The Borough shall
have the discretion to approve or deny the applicant's final design
choice.
(5)
Time, place, and manner. The Borough shall determine the time, place
and manner of construction, maintenance, repair and/or removal of
all antennas 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.
(6)
Equipment location. Antennas and related 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. In addition:
(a)
Ground-mounted related equipment shall be located between the
sidewalk and the curb. For reasons of safety and aesthetics, such
equipment shall neither protrude onto the curb, nor obstruct the sidewalk.
(b)
Ground-mounted related equipment that cannot be placed underground
shall be screened, to the fullest extent possible, through the use
of landscaping or other decorative features to the satisfaction of
the Borough.
(c)
Required electrical meter cabinets shall the screened to blend
in with the surrounding area to the satisfaction of the Borough.
(d)
Any graffiti on any wireless support structures or any related
equipment shall be removed at the sole expense of the owner.
(7)
Removal, replacement, and repair. To the extent permissible under
federal law, the removal and replacement of an antenna and/or related
equipment for the purpose of upgrading or repairing the communications
facility is permitted, so long as such repair or upgrade does not
substantially change the overall size of the wireless support structure
or the number of antennas. Any modification to an existing communications
facility shall require notice to be provided to the Borough, and possible
supplemental permit approval to the original permit or authorization.
(8)
Relocation or removal of facilities. Within two months 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 owner of an antenna in the ROW shall, at its
own expense, temporarily or permanently remove, relocate, change or
alter the position of any antenna when the Borough, consistent with
its police powers and applicable Public Utility Commission regulations,
shall have determined that such removal, relocation, change or alteration
is reasonably necessary under the following circumstances:
(a)
The construction, repair, maintenance or installation of any
Borough or other public improvement in the right-of-way;
(b)
The operations of the Borough or other governmental entity in
the right-of-way;
(c)
Vacation of a street or road or the release of a utility easement;
or
(d)
An emergency as determined by the Borough.
(9)
Reimbursement for ROW use. In addition to permit fees as described
in this section, every antenna 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 antenna 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.
[Added 7-5-2005 by Ord. No. 676]
Each of the following dimensional requirements shall apply to
cell towers in the following zoning districts:
|
Zoning District
|
Minimum Lot Area
(square feet)
|
Minimum Lot Width
(feet)
|
Maximum Coverage
(%)
|
Maximum Building Height
(feet)
|
|---|---|---|---|---|
|
C (Conservation)
|
10,000
|
100
|
20%
|
16
|
|
I (Industrial)
|
10,000
|
100
|
20%
|
16
|
|
SC (Shopping Center)
|
10,000
|
100
|
20%
|
16
|
|
HC (Highway Commercial)
|
10,000
|
100
|
20%
|
16
|
[Added 2-7-2011 by Ord. No. 751]
A.
The applicant shall provide a written description of all types of
residents that the use is intended to include over the life of the
permit. Any future additions or modifications to this list shall require
approval of the Zoning Hearing Board as a special exception.
B.
The applicant shall prove, with the full burden of proof upon the
applicant, to the satisfaction of the Zoning Hearing Board that such
use will involve adequate supervision and security measures to protect
public safety.
C.
The Zoning Hearing Board may place conditions on the use as necessary
to protect public safety, including conditions on the types of residents
and security measures.
[Added 4-18-2016 by Ord.
No. 805]
An applicant who proposes to erect a bed-and-breakfast shall
comply with the following:
A.
Bed-and-breakfast facilities. An applicant proposing to operate a
bed-and-breakfast shall comply with the following:
(1)
A bed-and-breakfast facility shall be permitted only in a single-family
detached dwelling.
(2)
The principal use of the property shall remain that of a single-family
residential dwelling.
(3)
The owners or a representative of the owner of a bed-and-breakfast
facility must be in the residence when guests are present.
(4)
No more than eight guest rooms may be offered on any individual
residential property.
(5)
The length of stay for any guest shall not exceed more than
14 uninterrupted days.
(6)
Accommodations at the bed-and-breakfast facility may include
meals prepared on the premises for the guests and included in the
charge for the room. Meals prepared on the premises can only be for
the registered guests. The owner shall comply with all federal, state
and local requirements for the preparation, handling and serving of
food.
(7)
Any amenities such as tennis court, swimming pool, etc., shall
be solely for the use of the resident owner and guests of the facility.
(8)
The owner shall maintain a current register.
(9)
Applicant shall provide for the required off-street parking
requirement.
(10)
Each bed-and-breakfast facility shall comply with the Federal
Life Safety Code, the rules and regulations of the Pennsylvania Department
of Labor and Industry and all other applicable building, safety and
fire codes of the federal, state and local government.
(11)
The single-family residential exterior appearance of the residence
shall be maintained. Alterations shall maintain the single-family
exterior character and shall require application and approval by Planning
Commission and Council.
