Borough of Rankin, PA SUPPLEMENTAL REGULATIONS

Landscaping specifications. Landscaping shall be provided in accordance with the following specifications: A landscaping plan, with detailed drawings, must be submitted with a required subdivision or land development or in the case where subdivision and/or land development approval are not required prior to building permit application. The landscaping plan must contain and show the following information:

All required buffer areas with proposed plantings (identifying each proposed tree, bush or shrub) drawn to scale and identifying size of plantings.

All required planting (identifying each tree, bush, shrub, the use of sod or seeding, etc.) drawn to scale and identifying size of plantings.

Any existing trees or vegetation which are to be preserved, accurately identifying their relative location.

Any existing trees or vegetation which will be removed, accurately identifying their relative location.

All areas of a lot not covered by building or impervious material shall be maintained as landscaped or natural areas.

(1)

Buffer Yards.

(a)

Applicants shall demonstrate through the submission of a landscape plan that sufficient landscaping and buffering is provided to minimize impact to adjacent uses. When required a minimum of 2 deciduous trees and three evergreen trees shall be required for every 100 feet of property line where buffering is required. In addition, five shrubs shall be provided for every 100 feet of property line where buffing is required. Buffer yards are required to be a minimum of 10 feet in width. The Borough encourages flexibility in design and will entertain alternative buffering plans where the applicant demonstrates the buffering plan is equal to or better than the requirements of this Chapter and meets the intent of this Section. The use of decorative walls, decorative fences and landscape mounds are allowable in an effort to meet the requirements of this Section.

(b)

Buffer areas required. Buffer areas are required under the following circumstances:

Along Public Roads. A landscape buffer will be required for all new nonresidential development and which abut a public street. The buffer yard will be provided for the entire length of the public street frontage.

Parking Lots and Loading Areas. A landscape buffer will be required around the perimeter of parking lots and loading areas in all zoning districts.

Adjacent Uses. Buffer yards are intended to minimize impacts of different uses on adjacent sites or properties. When new development is proposed, buffer yards will be required along the perimeter of the site. Buffer yards in the CBD and MU Districts may be relaxed or eliminated at the discretion of the Borough where the development proposes reuse of existing structures on the site and where such site does not provide adequate area for the addition of a buffer.

Where the express standards and criteria for a conditional use or use by special exception in Part 4 of this Chapter specify that a buffer yard is required.

(2)

General Provisions.

(a)

Openings for driveways shall be permitted to cross a required buffer area. Plantings in required buffer areas shall be located so as to not obstruct visibility for traffic entering or leaving the site.

(b)

Maintenance Required. It shall be the responsibility of the owner/applicant to assure the continued growth of all required landscaping and/or to replace the same in the event of frost, vandalism, disease or other reasons for the discontinued growth of the required trees, shrubs and bushes. Replacement shall be no later than the subsequent planting season.

(c)

Conflict between buffer areas and building setback requirements. When the width of a required buffer area is in conflict with the minimum building setback requirements of this Chapter, the greater distance shall apply. The buffer area planting requirement shall be adhered to regardless of the setback requirement.

(d)

Stormwater management facilities in buffer areas. Stormwater management facilities and structures may be maintained within a buffer area, but the existence of such facilities or structures shall not be a basis for a failure to meet the planting requirements.

(3)

Plant Sizes.

(a)

Deciduous Trees. All trees required to be planted shall be a minimum of two inches in diameter at a point one foot above the ground. All required trees shall be a minimum of six feet in height at time of planting measured from the ground adjacent to the planted tree to the top of the tree.

(b)

Evergreen Trees. All evergreen trees required to be planted shall be a minimum of six feet in height at the time of planting measured from the ground adjacent to the planted tree to the top of the tree.

(c)

Shrubs. All shrubs required to be planted shall be a minimum of 24 inches in height at planting.

§ 27-502 Lighting Requirements.

[Ord. 498, 9/13/2016, § 502]

Lighting for all uses in the Borough shall meet the following requirements (see also § 22-409 of the Borough Subdivision and Land Development Ordinance):

Nonresidential Use Lighting Standards. All exterior parking lots, driveways, vehicular access aisles, pedestrian access areas, sidewalks, pathways, and loading spaces shall be sufficiently illuminated so as to provide safe movements on site.

Illumination shall be by sharp cutoff fixtures with flush-mounted lens cap, with the following exceptions:

(1)

Decorative streetlighting along streets (not including parking lot areas) are exempt from this requirement. However, streetlight poles for decorative streetlighting shall not exceed 24 feet in height, measured from finished grade to the top of the fixture.

(2)

Decorative lighting along pedestrian walkways in front of buildings and in pedestrian plazas is exempt from this requirement. However, light poles for the decorative lighting shall not exceed 15 feet in height, measured from finished grade to the top of the fixture.

Fixtures (including those mounted on a building or other structure) shall be mounted parallel to the ground surface, with the following exceptions:

(1)

Decorative streetlighting along streets, decorative lighting along pedestrian walkways in front of buildings, and decorative lighting in pedestrian plazas are exempt from this requirement.

(2)

Lighting for the purpose of highlighting a structure or landscape feature shall be exempt from this requirement.

Pole height shall be a maximum of 24 feet.

Illumination shall not exceed one footcandle at all property boundaries. The one-footcandle illumination shall be measured horizontally on the ground surface and vertically at a five-foot height at the property lines.

All site lighting including architectural, landscape, and canopy lighting shall be from a concealed source that is not visible from the property boundaries or public street right-of-way. Lighting associated with a freestanding or building canopy shall be recessed into the canopy.

Residential Use Lighting Standards.

For all residential uses that require parking lots that contain more than 10 parking spaces the proposed use shall comply with the requirements of the nonresidential use lighting standards above.

All other proposed lighting in residential districts shall be oriented so as not to interfere with adjacent properties. Decorative street lights constructed in conjunction with a proposed residential development shall be designed to minimize impact to existing developments or properties.

§ 27-503 Floodplains.

[Ord. 498, 9/13/2016, § 503]

All development and use of land and structures in floodplain districts shall comply with the most recently adopted floodplain management ordinance of the Borough, as may be amended from time to time [Chapter 8].

§ 27-504 Performance Standards.

[Ord. 498, 9/13/2016, § 504]

Noise. The ambient noise level of any operation, other than those exempted below, shall not exceed the decibel levels prescribed. The sound pressure level or ambient level is the all-encompassing noise associated with a given environment, being a composite of sounds from any source, near and far. For the purpose of this Chapter, ambient noise level is the average decibel level recorded during observations taken in accordance with industry standards for measurement and taken at any time when the alleged offensive noise is audible, including intermittent, but recurring, noise.

No operation or activity shall cause or create noise in excess of the sound levels prescribed below:

Residential districts. At no point beyond the boundary of any lot within these districts shall the exterior noise level resulting from any use or activity located on such lot exceed a maximum of 60 dBA.

Nonresidential districts. At no point on or beyond the boundary of any lot within these districts shall the exterior noise level resulting from any use or activity located on such lot exceed a maximum of 65 dBA.

Where two or more zoning districts in which different noise levels are prescribed share a common boundary, the most restrictive noise level standards shall govern.

The following uses or activities shall be exempted from the noise regulations:

Customary and usual farming activities in all zoning classifications.

Noises emanating from construction or maintenance activities between 7:00 a.m. and 9:00 p.m.

Noises caused by safety signals, warning devices and other emergency-related activities or uses.

Noises emanating from public recreational uses between 7:00 a.m. and 11:00 p.m.

Normal utility and public works activities between the hours of 7:00 a.m. and 9:00 p.m., and emergency operations at any time.

In addition to the above regulations, all uses and activities within the Borough shall conform to all applicable county, state and federal regulations. Whenever the regulations contained herein are at variance with any other lawfully adopted rules or requirements, the more restrictive shall govern.

Vibrations. Except for vibrations emanating from construction or maintenance activities between 7:00 a.m. and 9:00 p.m., vibrations detectable without instruments on neighboring property in any district shall be prohibited. The prohibition on vibrations shall also be subject to any other separate ordinance adopted by the Borough.

Glare. There shall be no direct or sky-reflected glare, whether from floodlights or from high-temperature processes (for example, combustion or welding), so as to be visible from within any district.

Fire hazards. Any activity involving the use or storage of flammable or explosive materials shall be protected by adequate firefighting and fire-suppression equipment and by such safety devices as are normally used in the handling of any such material.

Radioactivity or electrical disturbance. No activity shall emit dangerous radioactivity or electrical disturbance adversely affecting the operation of any equipment other than that of the creator of such disturbance.

Odors. No malodorous gas or matter shall be permitted which is discernible on any adjoining lot or property.

Air pollution. No pollution by air by fly ash, dust, vapors or other substance shall be permitted which is harmful to health, animals, vegetation or other property, or which can cause excessive soiling. Ultimately, air pollution may be acceptable provided that the use complies with all regulations or requirements of the DEP, EPA and all other regulatory agencies.

Determination of compliance with performance standards. During the review of an application for zoning approval, the applicant may be required to submit data and evidence documenting that the proposed activity, facility or use will comply with the provisions of this Section. In reviewing such documentation, the Borough may seek the assistance of any public agency having jurisdiction or interest in the particular issues and the Borough may seek advice from a qualified technical expert. All costs of the expert's review and report shall be paid by the applicant. A negative report by the technical expert and the applicant's refusal or inability to make alterations to ensure compliance with this Section shall be a basis for denying approval of the application.

§ 27-505 Outdoor Storage.

[Ord. 498, 9/13/2016, § 505]

In nonresidential zoning districts except for nurseries, garden supply, building supply, custom crafting and similar businesses which require outside storage of materials, storage and display of materials outside a completely enclosed structure shall not be permitted. In the case of nurseries, garden supply, building supply, custom crafting and similar businesses, outside display and storage areas shall be completely enclosed by a an opaque fence or dense, compact evergreen hedge which is at least six feet in height.

In any other district, any material or equipment stored outside an enclosed building, except for the purposes identified above, shall be incidental to the principal use of the lot and shall be stored to the rear of the building or an alternative location which screens the storage area from public view from the street. Buffering, as identified in the buffer yard requirements of Part 5 of this Chapter, may be required to screen material or equipment stored outside.

All organic rubbish and discarded materials shall be contained in tight, verminproof dumpsters which shall be screened from public view by an opaque fence, masonry wall or dense, compact evergreen hedge which is at least six feet in height. Containers shall not be permitted in the front yard.

§ 27-506 Utilities.

[Ord. 498, 9/13/2016, § 506]

All electrical, telephone, cable television, and other communication system service laterals on a lot or site shall be installed underground for new developments.

§ 27-507 Exterior Finishes.

[Ord. 498, 9/13/2016, § 507]

The exterior finish of the building, whether finished face brick, wood veneer, siding or any other finished facing materials shall come down the building to within six inches of finished grade. Plain masonry block or poured concrete shall not be considered a finished product; nor shall either of these construction surfaces be considered as a finished product if painted, unless specified as a specific architectural exterior treatment by a design professional.

§ 27-508 Screening of Roof Equipment.

[Ord. 498, 9/13/2016, § 508]

Mechanical equipment designed to be located on the roof of a structure/building must be screened with typical building materials. The screen must be designed to complement building designed and conceal this equipment from neighboring property owners and the public on adjacent roadways.

§ 27-509 Wireless Communications Facilities.

[Ord. 498, 9/13/2016, § 509]

Purposes and Findings of Fact.

The purpose of this Section is to establish uniform standards for the siting, design, permitting, maintenance, and use of wireless communications facilities in Rankin Borough. While the Borough recognizes the importance of wireless communications facilities in providing high-quality communications service to its residents and businesses, the Borough also recognizes that it has an obligation to protect public safety and to minimize the adverse visual effects of such facilities through the standards set forth in the following provisions.

By enacting this Chapter, the Borough intends to:

(1)

Promote the health, safety, and welfare of Borough residents and businesses with respect to wireless communications facilities;

(2)

Provide for the managed development of wireless communications facilities in a manner that enhances the benefits of wireless communication and accommodates the needs of both Borough residents and wireless carriers in accordance with federal and state laws and regulations;

(3)

Establish procedures for the design, siting, construction, installation, maintenance and removal of both tower-based and non-tower-based wireless communications facilities in the Borough, including facilities both inside and outside the public rights-of-way;

(4)

Address new wireless technologies, including but not limited to, distributed antenna systems, data collection units, cable WiFi and other wireless communications facilities;

(5)

Encourage the co-location of wireless communications facilities on existing structures rather than the construction of new tower-based structures;

(6)

Treat each communications services provider in a nondiscriminatory and competitively neutral manner in exercising the Borough's authority;

(7)

Protect Borough residents from potential adverse impacts of wireless communications facilities and preserve, to the extent permitted under law, the visual character of established communities and the natural beauty of the landscape; and

(8)

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

As it relates to this Section, "substantially change" or "substantial change" shall mean a modification to an existing wireless communications facility substantially changes the physical dimensions of a tower or base station if it meets any of the following criteria:

For communications tower outside the public rights-of-way, it increases the height of the facility by more than 10%, or by the height of one additional antenna array with separation from the nearest existing antenna, not to exceed 20 feet, whichever is greater; for communications towers in the rights-of-way, it increases the height of the facility by more than 10% or 10 feet, whichever is greater;

For communications tower outside the public rights-of-way, it protrudes from the edge of the WCF by more than 20 feet, or more than the width of the tower structures are the level off the appurtenance, whichever is greater; for those communications tower in the public rights-of-way, it protrudes from the edge of the structure by more than six feet;

It involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four cabinets;

It entails any excavation of deployment outside the current site of the communications tower; or

It does not comply with conditions associated with prior approval of construction or modification of the communications tower unless the noncompliance is due to an increase in height, increase in width, or addition of cabinets.

General Requirements for All Tower-Based Wireless Communications Facilities. The following regulations shall apply to all tower-based wireless communications facilities:

Standard of Care. Any tower-based WCF 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 adopted by the UCC of Pennsylvania, as well as the accepted and responsible workmanlike industry practices of the National Association of Tower Erectors. Any tower-based WCF 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 in the Borough.

Conditional Use Required. Each applicant proposing the construction of a tower-based WCF shall complete and submit a conditional use application prior to beginning construction of such WCF. Such application shall be evaluated by the Borough and subject to the proceedings of Part 4 of this Chapter.

Wind. Any tower-based WCF structures 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-E Code, as amended).

Height. Any tower-based WCF shall be designed at the minimum functional height. All tower-based WCF applicants must submit documentation to the Borough justifying the total height of the structure. The maximum total height of any tower-based WCF, which is not located in the public ROW, shall not exceed 150 feet, which height shall include all subsequent additions or alterations. Equipment buildings, cabinets, and accessory structures shall not exceed 15 feet in height.

Related Equipment. Ground-mounted related equipment greater than three cubic feet, such as cabinets and accessory structures, shall not be located within 50 feet of a lot in residential use or zoned residential.

Public Safety Communications. No tower-based WCF shall interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.

Maintenance. The following maintenance requirements shall apply:

(1)

Any tower-based WCF shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair.

(2)

Such maintenance shall be performed to ensure the upkeep of the facility in order to promote the safety and security of the Borough's residents.

(3)

All maintenance activities shall utilize nothing less than the best available technology for preventing failures and accidents.

Modifications. Applicants proposing the modification of any tower-based WCF shall submit a building permit application to the Borough and shall not commence such modifications until the complete application has been received by the Borough.

Radio Frequency Emissions. No tower-based WCF may, by itself or in conjunction with other WCFs, generate radio frequency emissions in excess of the standards and regulations of the FCC, including but not limited to the FCC Office of Engineering Technology Bulletin 65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended.

Historic Buildings or Districts. No tower-based WCF may be located on a building or structure that is listed on either the National or Pennsylvania Registers of Historic Places, or eligible to be so listed, or is included in the official historic structures and/or historic districts list maintained by the Borough.

Signs. All tower-based WCFs shall post a sign in a readily visible location identifying the name and phone number of a party to contact in the event of an emergency. There shall be no other signage permitted on the WCF, except for that required by law FCC/FAA regulations.

Lighting. Tower-based WCF shall not be artificially lighted, except as required by law. Towers shall be galvanized and/or painted with a rust-preventive paint of an appropriate color to harmonize with the surroundings. If lighting is required, the applicant shall provide a detailed plan for sufficient lighting, demonstrating as unobtrusive and inoffensive an effect as is permissible under state and federal regulations.

Noise. Tower-based WCFs shall be operated and maintained so as not to produce noise in excess of applicable noise standards under state law and the Borough Code, except in emergency situations requiring the use of a backup generator, where such noise standards may be exceeded on a temporary basis only.

Aviation Safety. Tower-based WCFs shall comply with all federal and state laws and regulations concerning aviation safety.

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

Timing of Approval. Within 30 calendar days of the date that an application for a tower-based WCF is filed with the Borough, the Borough shall notify the applicant in writing of any information that may be required to complete such application. All applications for tower-based WCFs shall be acted upon within 150 days of the receipt of a fully completed application for the approval of such tower-based WCF 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.

Nonconforming Uses. Nonconforming tower-based WCFs which are hereafter damaged or destroyed due to any reason or cause may be repaired and restored at their former location within one year after damage occurs, but must otherwise comply with the terms and conditions of this Chapter. Co-location on nonconforming tower-based WCFs is permitted.

Removal. In the event that use of a tower-based WCF is planned to be discontinued, the owner shall provide written notice to the Borough of its intent to discontinue use and the date when the use shall be discontinued. Unused or abandoned WCFs or portions of WCFs shall be removed as follows:

(1)

All unused or abandoned tower-based WCFs and accessory facilities shall be removed within six months of the cessation of operations at the site unless a time extension is approved by the Borough.

(2)

If the WCF and/or accessory facility is not removed within six months of the cessation of operations at a site, or within any longer period approved by the Borough, the WCF and accessory facilities and equipment may be removed by the Borough and the cost of removal assessed against the owner of the WCF. In addition to and not in lieu of any other remedy available to the Borough to recover costs associated with removal, the Borough shall file liens against the WCF owner and the owner of any real property upon which a WCF is sited, in order to recover any unpaid legal fees, consultant fees, and court courts that may be incurred.

(3)

Any unused portions of tower-based WCFs, including antennas, shall be removed within six months of the time of cessation of operations. The Borough must approve all replacements of portions of a tower-based WCF previously removed.

Permit Fees. The Borough may assess appropriate and reasonable permit fees directly related to the Borough's actual costs in reviewing and processing the application for approval of a tower-based WCF, as well as related inspection, monitoring and related costs.

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

Insurance. Each person that owns or operates a tower-based WCF greater than 45 feet in height shall provide the Borough with a certificate of insurance evidencing general liability coverage in the minimum amount of $5,000,000 per occurrence and property damage coverage in the minimum amount of $5,000,000 per occurrence covering the tower-based WCF. Each person that owns or operates a tower-based WCF 45 feet or less in height shall provide the Borough with a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering each tower-based WCF.

Indemnification. Each person that owns or operates a tower-based WCF, or the property on which such WCF is located shall, at its sole cost and expense, indemnify, defend and hold harmless the Borough, its elected and appointed officials, employees and agents, at all times against any and all claims for personal injury, including death, and property damage or depreciation of property value or for violation of property or zoning rights, arising in whole or in part from, caused by or connected with any act or omission of the person, its officers, agents, employees or contractors arising out of, but not limited to, the construction, installation, operation, maintenance or removal of the tower-based WCF. Each person that owns or operates a tower-based WCF and each owner of property upon which a tower-based WCF is located shall defend any actions or proceedings against the Borough in which it is claimed that personal injury, including death, or property damage was caused by the construction, installation, operation, maintenance or removal of tower-based WCF. The obligation to indemnify, hold harmless and defend shall include, but not be limited to, the obligation to pay judgments, injuries, liabilities, damages, reasonable attorneys' fees, reasonable expert fees, court costs and all other costs of indemnification.

Engineer Signature. All plans and drawings for a tower and antenna shall contain a seal and signature of a professional structural engineer, licensed in the Commonwealth of Pennsylvania.

Financial Security. Prior to receipt of a zoning permit for the construction or placement of a tower-based WCF, the applicant shall provide to the Borough financial security in the form of a letter of credit or bond sufficient to guarantee the removal of the tower-based WCF. The amount of said financial security shall be determined based upon industry standards for removal and shall remain in place until the tower-based WCF is removed.

Tower-Based Facilities Outside the Rights-of-Way. The following regulations shall apply to tower-based wireless communications facilities located outside the public rights-of-way:

Development Regulations:

(1)

Location. No tower-based WCF shall be located in an area in which all utilities are located underground, except as permitted by this Chapter.

(a)

The following regulations shall apply to tower-based WCFs:

Such tower-based WCFs may be located in the following zoning districts:

[a]

MFR Multifamily District.

[b]

CI Commercial Industrial District.

(b)

Such tower-based WCFs shall not be located in, or within 100 feet of an area in which all utilities are located underground.

(2)

Site Requirements. A tower-based WCF may be located as permitted in the district regulations, as set forth in Part 3 of this Chapter.

(3)

(4)

Permitted as a Sole Use on a Lot. A tower-based WCF shall be permitted as a sole use on a lot, provided such WCF conforms to the regulations set forth in Part 3 of this Chapter.

(5)

Combined with Another Use. A tower-based WCF may be permitted on a property with an existing use, or on a vacant parcel in combination with another use, except residential, subject to the following conditions:

(a)

The existing use on the property may be any permitted use in the applicable district, and need not be affiliated with the communications facility.

(b)

Minimum Lot Area. The minimum lot shall comply with the requirements for the applicable district and shall be the area needed to accommodate the tower-based WCF and guy wires, the equipment building, security fence, and buffer planting if the proposed WCF is greater than 50 feet in height.

(c)

Minimum Setbacks. The tower-based WCF and accompanying equipment building shall comply with the requirements for the applicable zoning district. The minimum setback shall be a distance that is at least equal to 1 1/2 times the height of the tower.

Notice. Upon submission of an application for a tower-based WCF, the applicant the applicant shall mail notice to all owners of every property within 500 feet of the proposed facility. The applicant shall provide proof of the notification to the Borough.

Co-Location and Siting. An application for a conditional use for a new tower-based WCF shall not be approved unless the Borough Council finds that the wireless communications equipment planned for the proposed tower-based WCF cannot be accommodated on an existing or approved structure or building, or on Borough property. Any application for a conditional use for approval of a tower-based WCF shall include a comprehensive inventory of all existing towers and other suitable structures within a two-mile radius from the point of the proposed tower, unless the applicant can show to the satisfaction of the Borough Council that a different distance is more reasonable, and shall demonstrate conclusively why an existing tower or other suitable structure cannot be utilized.

Design Regulations.

(1)

The WCF 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 WCF applicant shall be subject to the approval of the Borough Council.

(2)

Any height extensions to an existing tower-based WCF shall require prior approval of the Borough Council. The Borough reserves the right to deny such requests based upon aesthetic and land use impact, or any other lawful considerations related to the character of the Borough.

(3)

Any proposed tower-based WCF shall be designed structurally, electrically, and in all respects to accommodate both the WCF applicant's antennas and comparable antennas for future users.

Surrounding Environs.

(1)

The WCF applicant shall ensure that the existing vegetation, trees and shrubs located within proximity to the WCF structure shall be preserved to the maximum extent possible. Any plantings shall conform to the standards set forth in Part 5 of this Chapter.

(2)

The WCF applicant shall submit a soil report to the Borough to document and verify the design specifications of the foundation of the tower-based WCF, and anchors for guy wires, if used.

Fence/Screen.

(1)

A security fence having a maximum height of eight feet shall completely surround any tower-based WCF greater than 50 feet in height, as well as guy wires, or any building housing WCF equipment.

(2)

A screen of evergreen trees planted eight feet on center, and staggered in two rows, shall be located along the perimeter of the security fence surrounding any tower-based WCF greater than 50 feet in height. Existing vegetation shall be preserved to the maximum extent possible.

Accessory Equipment:

(1)

Ground-mounted equipment associated to, or connected with, a tower-based WCF shall be underground or screened from public view using stealth technologies, as described above.

(2)

All utility buildings and accessory structures shall be architecturally designed to blend into the environment in which they are situated and shall meet the minimum setback requirements of the underlying zoning district.

Additional Antennas. As a condition of approval for all tower-based WCFs, the WCF applicant shall provide the Borough with a written commitment that it will allow other service providers to co-locate antennas on tower-based WCFs where technically and economically feasible. The owner of a tower-based WCF shall not install any additional antennas without obtaining the prior written approval of the Borough.

Access Road. An access road, turnaround space and parking shall be provided to ensure adequate emergency and service access to tower-based WCF. Maximum use of existing roads, whether public or private, shall be made to the extent practicable. Road construction shall at all times minimize ground disturbance and the cutting of vegetation. Road grades shall closely follow natural contours to assure minimal visual disturbance and minimize soil erosion. Where applicable, the WCF owner shall present documentation to the Borough that the property owner has granted an easement for the proposed facility.

Parking. For each tower-based WCF greater than 50 feet in height, there shall be two off-street parking spaces, or one space per employee, whichever is greater.

Inspection. The Borough reserves the right to inspect any tower-based WCF to ensure compliance with the provisions of this Chapter 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 WCF is located at any time, upon reasonable notice to the operator, to ensure such compliance.

Tower-Based Facilities in the Rights-of-Way. The following regulations shall apply to tower-based wireless communications facilities located in the public rights-of-way:

Prohibited in underground utility areas.

An applicant must site tower-based wireless communications facilities along the following collector road in the Borough, provided that the facility is not sited within 75 feet of an area in which utilities are underground:

(1)

The East Busway.

(2)

Rankin Boulevard.

(3)

South Braddock Avenue.

Any tower-based WCF sited in the public ROW shall not be located directly between the front facade of any structure and the public or private right-of-way on which the structure fronts.

Gap in Coverage. An applicant for a tower-based WCF must demonstrate that a significant gap in wireless coverage exists with respect to all wireless operators in the applicable area and that the type of WCF being proposed is the least intrusive means by which to fill that gap in wireless coverage. The existence or nonexistence of a gap in wireless coverage shall be a factor in the Borough's decision on an application for approval of tower-based WCFs in the ROW.

Notice. Upon submission of an application for a tower-based WCF, the applicant shall mail the applicant notice to all owners of every property within 500 feet of the proposed facility. The applicant shall provide proof of the notification to the Borough.

Co-Location and Siting. An application for a new tower-based WCF in the ROW shall not be approved unless the Borough finds that the proposed wireless communications equipment cannot be accommodated on an existing structure, such as a utility pole or traffic light pole. Any application for approval of a tower-based WCF shall include a comprehensive inventory of all existing towers and other suitable structures within a one-mile radius from the point of the proposed tower, unless the applicant can show to the satisfaction of the Borough that a different distance is more reasonable, and shall demonstrate conclusively why an existing tower or other suitable structure cannot be utilized.

Time, Place and Manner. The Borough shall determine the time, place and manner of construction, maintenance, repair and/or removal of all tower-based WCFs 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. Tower-based WCFs and 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. In addition:

(1)

The placement of all ground-mounted equipment, walls, or landscaping shall be in accordance with the standards set forth Part 5 of this Chapter.

(2)

Ground-mounted equipment that cannot be undergrounded shall be screened, to the fullest extent possible, through the use of landscaping or other decorative features to the satisfaction of the Borough.

(3)

Required electrical meter cabinets shall the screened to blend in with the surrounding area to the satisfaction of the Borough.

(4)

Any graffiti on the tower or on any accessory equipment shall be removed at the sole expense of the owner within 10 business days of notice of the existence of the graffiti. If such graffiti is not removed within the aforementioned time period, the Borough will remove it and assess the cost of removal to the WCF owner.

(5)

Any underground vaults related to tower-based WCFs shall be reviewed and approved by the Borough Zoning Officer based on considerations of safety, accessibility and impact on use of the right-of-way.

(6)

Any tower-based WCF shall be located at, or as close to as practicable to, the point where a side lot line intersects with a street right-of-way line. The requirement of this Section is subject to waiver by the Zoning Officer where such a side lot point is undesirable because of visual impact, proximity to a driveway, or other good cause.

Design Regulations.

(1)

(2)

Tower-based WCFs in the public ROW shall not exceed 45 feet in height.

(3)

Any height extensions to an existing tower-based WCF shall require prior approval of the Borough, and shall not increase the overall height of the tower-based WCF to more than 45 feet.

(4)

Any proposed tower-based WCF shall be designed structurally, electrically, and in all respects to accommodate both the WCF applicant's antennas and comparable antennas for future users.

Additional Antennas. As a condition of approval for all tower-based WCFs in the ROW, the WCF applicant shall provide the Borough with a written commitment that it will allow other service providers to co-locate antennas on tower-based WCFs where technically and economically feasible. The owner of a tower-based WCF shall not install any additional antennas without obtaining the prior written approval of the Borough.

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 tower-based WCF in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any WCF when the Borough, consistent with its police powers and applicable Public Utility Commission regulations, shall determine that such removal, relocation, change or alteration is reasonably necessary under the following circumstances:

(1)

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

(2)

The operations of the Borough or other governmental entity in the ROW;

(3)

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

(4)

An emergency as determined by the Borough.

General Requirements for All Non-Tower Wireless Communications Facilities - No Change. The following regulations shall apply to all non-tower wireless communications facilities that do not substantially change the physical dimensions of the wireless support structure to which they are attached:

Permitted in All Zones Subject to Regulations. Non-tower WCFs are permitted in all zones subject to the restrictions and conditions prescribed below and subject to the prior written approval of the Borough Zoning Officer.

Prohibited on Certain Structures. Non-tower WCFs shall not be located on single-family detached residences, single-family attached residences, or any accessory residential structure.

Building Permit Required. Applicants proposing the modification of an existing non-tower-based WCF shall obtain a building permit from the Borough zoning office. In order to be considered for such permit, the applicant must submit a permit application to the Borough Zoning Office.

Standard of Care. Any non-tower WCF 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, and National Electrical Code. Any WCF 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 in the Borough.

Related Equipment. Ground-mounted related equipment greater than three cubic feet shall not be located within 50 feet of a lot in residential use or zoned residential.

Wind. Any non-tower WCF structures 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/EIA-222-E Code, as amended).

Public Safety Communications. No non-tower WCF shall interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.

Aviation Safety. Non-tower WCFs shall comply with all federal and state laws and regulations concerning aviation safety.

Radio Frequency Emissions. No non-tower WCF may, by itself or in conjunction with other WCFs, generate radio frequency emissions in excess of the standards and regulations of the FCC, including but not limited to, the FCC Office of Engineering Technology Bulletin 65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended.

Removal. In the event that use of a non-tower WCF 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 WCFs or portions of WCFs shall be removed as follows:

(1)

All abandoned or unused WCFs and accessory facilities shall be removed within two months of the cessation of operations at the site unless a time extension is approved by the Borough.

(2)

If the WCF or accessory facility is not removed within two months of the cessation of operations at a site, or within any longer period approved by the Borough, the WCF and/or associated facilities and equipment may be removed by the Borough and the cost of removal assessed against the owner of the WCF.

Timing of Approval. Within 30 calendar days of the date that an application for a non-tower WCF is filed with the Borough, the Borough shall notify the WCF applicant in writing of any information that may be required to complete such application. 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 WCF applicant in writing of such decision. The Borough shall notify the WCF applicant as to completeness of the WCF application within 30 days of receipt. The timing requirements in this Section shall only apply to proposed facilities that fall under the Pennsylvania Wireless Broadband Collocation Act.

Permit Fees. The Borough may assess appropriate and reasonable permit fees directly related to the Borough's actual costs in reviewing and processing the application for approval of a non-tower WCF.

Insurance. Each person that owns or operates a non-tower WCF shall provide the Borough with a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering the non-tower WCF.

Indemnification. Each person that owns or operates a non-tower WCF shall, at its sole cost and expense, indemnify, defend and hold harmless the Borough, its elected and appointed officials, employees and agents, at all times against any and all claims for personal injury, including death, and property damage or depreciation of property value or for violation of property or zoning rights, arising in whole or in part from, caused by or connected with any act or omission of the person, its officers, agents, employees or contractors arising out of, but not limited to, the construction, installation, operation, maintenance or removal of the non-tower WCF and each owner of property upon which a tower-based WCF is located. Each person that owns or operates a non-tower WCF shall defend any actions or proceedings against the Borough in which it is claimed that personal injury, including death, or property damage was caused by the construction, installation, operation, maintenance or removal of a non-tower WCF. The obligation to indemnify, hold harmless and defend shall include, but not be limited to, the obligation to pay judgments, injuries, liabilities, damages, reasonable attorneys' fees, reasonable expert fees, court costs and all other costs of indemnification.

General Requirements for All Non-Tower Wireless Communications Facilities - Change. The following regulations shall apply to all non-tower wireless communications facilities that substantially change the wireless support structure to which they are attached:

Permitted in All Zones Subject to Regulations. Non-tower WCFs are permitted in all zones as conditional uses subject to the restrictions and conditions prescribed below and subject to the prior written approval of the Borough.

Prohibited on Certain Structures. Non-tower WCFs shall not be located on single-family detached residences, single-family attached residences, or any residential accessory structure.

Permit Required. Any applicant proposing the construction of a new non-tower WCF, or the modification of an existing non-tower WCF, must obtain a building permit and conditional use approval.

Historic Buildings. No non-tower WCF may be located on a building or structure that is listed on either the National or Pennsylvania Registers of Historic Places, or is eligible to be so listed, or is listed on the official historic structures and/or historic districts list maintained by the Borough, or has been designated by the Borough to be of historical significance. The Borough Council may, in its discretion, waive this prohibition if the applicant can demonstrate that the proposed location is less visually intrusive than other potential sites.

Aviation Safety. Non-tower WCFs shall comply with all federal and state laws and regulations concerning aviation safety.

Maintenance. The following maintenance requirements shall apply:

(1)

The non-tower WCF shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair.

(2)

Such maintenance shall be performed to ensure the upkeep of the facility in order to promote the safety and security of the Borough's residents.

(3)

All maintenance activities shall utilize nothing less than the best available technology for preventing failures and accidents.

Radio Frequency Emissions. No non-tower WCF may, by itself or in conjunction with other WCFs, generate radio frequency emissions in excess of the standards and regulations of the FCC, including but not limited to the FCC Office of Engineering Technology Bulletin 65, entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended.

(1)

All abandoned or unused WCFs and accessory facilities shall be removed within two months of the cessation of operations at the site unless a time extension is approved by the Borough.

(2)

Timing of Approval. Within 30 calendar days of the date that an application for a non-tower WCF is filed with the Borough, the Borough shall notify the applicant in writing of any information that may be required to complete such application. 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. 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 Borough's sixty-day review period.

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

Permit Fees. The Borough may assess appropriate and reasonable permit fees directly related to the Borough's actual costs in reviewing and processing the application for approval of a non-tower WCF, as well as related inspection, monitoring and related costs.

Non-Tower Wireless Facilities Outside the Rights-of-Way. The following additional standards and criteria shall apply to applications for conditional use approval of non-tower wireless communications facilities located outside the rights-of-way that substantially change the wireless support structure to which they are attached:

Development Regulations. Non-tower WCFs shall be co-located on existing structures, such as existing buildings or tower-based WCFs subject to the following conditions:

(1)

Such WCF does not exceed the maximum height permitted in the underlying zoning district.

(2)

If the WCF applicant proposes to locate the related equipment in a separate building, the building shall comply with the minimum requirements for the applicable zoning district.

(3)

An eight-foot-high security fence shall surround any separate communications equipment building. Vehicular access to the communications equipment building shall not interfere with the parking or vehicular circulations on the site for the principal use.

Design Regulations.

(1)

Non-tower WCFs shall employ stealth technology and be treated to match the supporting structure in order to minimize aesthetic impact. The application of the stealth technology chosen by the WCF applicant shall be subject to the approval of the Borough Council.

(2)

Non-tower WCFs, which are mounted to a building or similar structure, may not exceed a height of 10 feet above the roof or parapet.

(3)

The total height of any support structure and mounted WCF shall not exceed the maximum height permitted in the underlying zoning district.

(4)

All non-tower WCF applicants must submit documentation to the Borough justifying the total height of the non-tower structure. Such documentation shall be analyzed in the context of such justification on an individual basis.

(5)

Antennas, and their respective accompanying support structures, shall be no greater in diameter than any cross-sectional dimension than is reasonably necessary for their proper functioning.

Noncommercial Usage Exemption. Borough citizens utilizing satellite dishes and antennas for the purpose of maintaining television, phone, and/or Internet connections at their respective residences shall be exempt from the regulations enumerated in this Chapter.

Removal, Replacement, Modification.

(1)

The removal and replacement of non-tower WCFs and/or accessory equipment for the purpose of upgrading or repairing the WCF is permitted, so long as such repair or upgrade does not increase the overall size of the WCF or the numbers of antennas.

(2)

Any material modification, such as an increase in height or width, to a wireless telecommunication facility shall require a prior amendment to the original permit or authorization.

Inspection. The Borough reserves the right to inspect any WCF to ensure compliance with the provisions of this Chapter 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 WCF is located at any time, upon reasonable notice to the operator, to ensure such compliance.

Non-Tower Wireless Facilities in the Rights-of-Way. The following additional regulations shall apply to all non-tower wireless communications facilities located in the rights-of-way:

Co-location. Non-tower WCFs in the ROW shall be co-located on existing poles in the public rights-of-way, such as utility poles or light poles.

Design Requirements.

(1)

WCF 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.

(2)

Antennas and all support equipment shall be treated to match the supporting structure. WCFs and accompanying equipment shall be painted, or otherwise coated, to be visually compatible with the support structure upon which they are mounted.

Time, Place and Manner. The Borough shall determine the time, place and manner of construction, maintenance, repair and/or removal of all non-tower WCFs 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. Non-tower WCFs and 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. In addition:

(1)

The placement of all ground-mounted equipment, walls, or landscaping shall be in accordance with the standards set forth in Part 5 of this Chapter.

(2)

(3)

Required electrical meter cabinets shall the screened to blend in with the surrounding area to the satisfaction of the Borough.

(4)

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

(5)

Any underground vaults related to non-tower WCFs shall be reviewed and approved by the Borough.

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 WCF in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any WCF 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:

(1)

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

(2)

The operations of the Borough or other governmental entity in the ROW;

(3)

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

(4)

An emergency as determined by the Borough.

§ 27-510 Temporary Uses.

[Ord. 498, 9/13/2016, § 510]

Permit Required. An occupancy permit is required for any temporary use of land and/or a structure.

Authorized Temporary Uses, Residential Districts.

(1)

Model home in a plan of homes used temporarily as a sales office which shall terminate upon the sale or rental of the last unit.

(2)

Rental or sales office in a multifamily residential complex.

(3)

Outdoor fair, exhibit, show, other special event sponsored by a nonprofit organization.

(4)

Private garage/yard sale.

(5)

Other temporary uses, as approved by the Planning Commission.

Authorized Temporary Uses, All Other Zoning Districts.

(1)

Flea market.

(2)

Outdoor fairs, exhibits.

(3)

Temporary sales events.

(4)

Rental or sales office in a development complex.

(5)

Other temporary uses, as approved by the Planning Commission.

Conditions of Approval for Temporary Uses.

Adequate traffic and pedestrian access and off-street parking areas must be provided to the extent possible.

Any licenses and permits required to sell products or food or approvals from other governmental agencies shall be submitted prior to the issuance of the occupancy permit.

The Borough Chief of Police and Fire Chief shall be notified in writing of the temporary use.

If the applicant does not own the land on which the temporary use is to be located, a letter of agreement and/or permission between the applicant and the landowner shall be submitted.

The applicant shall be responsible for conducting the temporary use or activity in a safe manner within the conditions set forth by the Borough. This includes, but is not limited to, provisions for security, trash pick-up, and daily maintenance of the grounds.

The Zoning Officer may refer any application for a temporary use to Planning Commission for review and recommendation prior to issuance of the occupancy permit.

The provisions of this Section in no way shall be deemed to authorize the outdoor display or sale of automobiles, trailer or equipment rentals, used furniture, appliances, plumbing or building materials, or similar display or sale in any district except as specifically authorized by this Chapter.

Temporary Construction Structures. Temporary structures and trailers used in conjunction with construction work may not be moved onto a site until the building permit has been issued and must be removed within 30 days after the completion of construction. Permits for such temporary structures shall not exceed one year but up to three annual renewals of the permit may be obtained.

§ 27-511 Open Burning.

[Ord. 498, 9/13/2016, § 511]

No person shall conduct or allow to be conducted the open burning of any material, except in accordance with this Section or where the open burning is conducted solely for the purpose of preparation of food for human consumption, recreation, light, or ornament, and in a manner which contributes a negligible amount of air contaminants, and which is in accordance with all the requirements of this Section.

No material other than clean wood, propane, or natural gas may be burned except as provided for in this subsection.

Charcoal may be used in an outdoor fireplace or grill for the purpose of cooking.

Commercially available fire logs, paraffin logs, or wood pellets may be used in outdoor fireplaces.

Paper or commercial smokeless fire starters may be used with clean wood to start an allowed fire.

Any volume of clean wood being burned shall be no larger than three feet wide by three feet long by two feet high and shall be at least 15 feet from the nearest neighbor's dwelling or inhabited area, any property line, roadway, sidewalk, or public accessway.

Open burning using chimneys, fire pits, or outdoor fireplaces may only be conducted using materials identified in this Section.

Any open burning shall be tended by a responsible person at all times.

Open burning shall comply with the Allegheny County Health Departments open burning regulations, as may be amended from time to time.

Property owner shall obtain permits as required by the Allegheny County Department of Health.

This Section shall not allow or permit any open burning which would not otherwise be allowed or permitted under any applicable ordinance or fire code.

Required permits shall be in the possession of the applicant or an authorized representative at the site of the permitted open burning at all times during said open burning and shall be available for inspection upon request.