Borough of Millvale, PA Article V Performance Standards and Supplementary Regulations

§ 312-19 Performance standards.

A. Compliance required.

(1) All uses must comply with the requirements of this chapter and the landowner and/or developer must demonstrate that a proposed use can comply with the standards below prior to Millvale Borough issuing approval and operation commencing on the lot. Compliance must be determined by the Zoning Officer with respect to permitted uses, by the Zoning Hearing Board with respect to special exceptions, and by the Borough Council with respect to conditional uses. In order to determine whether a proposed use will conform to the requirements of this article, Millvale Borough may obtain a qualified consultant's report, whose cost for services will be borne by the applicant.

(2) All uses that require new facilities or expansion of existing facilities, such as sewers, storm drains, fire hydrants, potable water, public streets, streetlighting and similar services, will obtain such approval as required by the agency providing such service prior to project approval. No availability of essential services is permitted to be grounds for denying permits for additional development until such services are available. The jurisdiction is not obligated to extend or supply essential services if capacity is not available. If capacity is available, the extension of services will be by and at the cost of the landowner and/or developer, unless the jurisdiction agrees otherwise. All service extensions are to be designed and installed in full conformance with the jurisdiction's standards for such service, and be subject to review, permit and inspection as required by other policies or ordinances of the jurisdiction.

B. Fire protection. Fire protection and firefighting equipment, procedures and safety protocols acceptable to Millvale Borough Fire Standards and National Fire Protection Association must be readily available and followed where there is any activity involving the handling or storage of flammable or explosive material.

C. Radioactivity; electrical disturbances. Unless otherwise permitted by Millvale Borough for medical purposes, no activity can emit radioactivity at any point or cause electrical disturbance adversely affecting the operation of radio or other equipment in the vicinity.

D. Noise. The sound level of any use within this district may not exceed, at any point along the boundary of the lot on which the use is to be undertaken, federal standards or recommended decibel levels in the designated octave bands, except for emergency alarm systems. Sound levels can be projected in accordance with similar or identical operations or uses and be measured with a sound level meter and associated octave band analyzer manufactured according to standards prescribed by the American Standards Association. Measurements must be made using the same measuring system, which may now or hereafter be utilized by the United States Government for this purpose.

E. Vibrations. Except temporary vibration resulting from construction activity, vibrations detectable without instruments on any adjacent lot in any zone will be prohibited.

F. Dust, fumes, vapor, and gas control. The emission of dust, dirt, flash, fumes, vapors, or gases which cause any damage to human health, animals, vegetation, or other forms of property, or which can cause soiling or staining of persons or property at any point beyond the lot line of the use creating such emission, is hereby prohibited. No emission of liquid or solid particulate from any chimney or stack or otherwise can exceed 0.03 grain per cubic foot of the covering gas at any point beyond the lot line of the use creating the emission. Identical processes or facilities may be compared to determine compliance with this subsection. For measurement for the amount of particles discharged as stated above, measurement procedures will follow those then employed by the Pennsylvania Department of Environmental Protection for similar or identical measurements.

§ 312-20 Supplementary regulations.

A. Drainage facilities and floodplains. The provisions of Borough ordinances related to stormwater, drainage facilities and floodplains are applicable to matters of zoning within the Borough.

B. Solar collectors and solar-related equipment.

(1) Purpose. It is the purpose of this regulation to promote the safe, effective and efficient use of installed solar energy systems that reduce on-site consumption of utility-supplied energy while protecting the health, safety and welfare of adjacent and surrounding land uses and lots. This chapter seeks to:

(a) Provide lot owners and business owners/operators with flexibility in satisfying their on-site energy needs.

(b) Reduce overall energy demands within the community and to promote energy efficiency.

(c) Integrate alternative energy systems seamlessly into the community's neighborhoods and landscapes without diminishing quality of life in the neighborhoods.

(2) Applicability.

(a) This subsection applies to building-mounted and ground-mounted systems installed and constructed after the effective date of the chapter.

(b) Solar PV systems constructed prior to the effective date of this chapter are not required to meet the requirements of this chapter.

(c) Any upgrade, modification or structural change that materially alters the size or placement of an existing solar PV system shall comply with the provisions of this section.

(3) Permitted zoning districts.

(a) Building-mounted and ground-mounted systems are permitted in all zoning districts as an accessory use to any lawfully permitted principal use on the same lot upon issuance of the proper Borough permit and upon compliance with all requirements of this section and as elsewhere specified in this chapter.

(b) Building-integrated systems, as defined by this chapter, are not considered an accessory use and are not subject to the requirements of this chapter.

(4) Location within a lot.

(a) Building-mounted systems are permitted to face any rear, side and front yard or any unregulated yard area as defined in Article XII of this chapter. Building-mounted systems may only be mounted on lawfully permitted principal or accessory structures.

(b) Ground-mounted systems are permitted based on the requirements for accessory uses or structures in the property's zoning district.

Permitted Location: Building-Mounted Solar PV System Isometric

(5) Design and installation standards.

(a) The solar PV system must be constructed to comply with the Pennsylvania Uniform Construction Code (UCC), Act 45 of 1999, as amended,[1] and any regulations adopted by the Pennsylvania Department of Labor and Industry as they relate to the UCC, except where an applicable industry standard has been approved by the Pennsylvania Department of Labor and Industry under its regulatory authority.

[1] Editor's Note: See 35 P.S. § 7210.101 et seq.

(b) All wiring must comply with the National Electrical Code, most recent edition, as amended and adopted by the Commonwealth of Pennsylvania. For ground-mounted systems, all exterior electrical lines must be buried below the surface of the ground where possible or be placed in conduit.

(c) The solar PV system must be constructed to comply with the most recent fire code as amended and adopted by the Commonwealth of Pennsylvania.

(6) Setback requirements for ground-mounted systems. Ground-mounted systems are subject to the accessory use or structure setback requirements in the zoning district in which the system is to be constructed. The required setbacks are measured from the lot line to the nearest part of the system. No part of the ground-mounted system shall extend into the required setbacks due to a tracking system or other adjustment of solar PV-related equipment or parts.

(7) Height restrictions.

(a) Notwithstanding the height limitations of the zoning district:

[1] For a building-mounted system installed on a sloped roof that faces the front yard of a lot, the system must be installed at the same angle as the roof on which it is installed with a maximum distance, measured perpendicular to the roof, of 18 inches between the roof and highest edge or surface of the system.

Height Restriction, Sloped Roof Facing Front Yard: Building-Mounted Solar PV System Elevation

[2] For a building-mounted system installed on a sloped roof, the highest point of the system shall not exceed the highest point of the roof to which it is attached.

Height Restriction, Sloped Roof Facing Rear or Side Yard: Building-Mounted Solar PV System Elevation

(b) Notwithstanding the height limitations of the zoning district:

[1] For a building-mounted system installed on a flat roof, the highest point of the system shall be permitted to extend up to six feet above the roof to which it is attached.

Height Restriction, Flat Roof: Building-Mounted Solar PV System Isometric

[2] Ground-mounted systems may not exceed the permitted height of accessory structures in the zoning district where the solar PV system is to be installed.

Height Restriction: Ground-Mounted Solar PV System Elevation

(8) Screening and visibility.

(a) Building-mounted systems on a sloped roof shall not be required to be screened.

(b) Building-mounted systems mounted on a flat roof shall not be visible from the public right-of-way within a twenty-foot radius of the property, exclusive of an alley, as defined by this chapter, at a level of five feet from the ground in a similar manner as to any other rooftop HVAC or mechanical equipment. This can be accomplished with architectural screening such as a building parapet or by setting the system back from the roof edge in such a manner that the solar PV system is not visible from the public right-of-way within a twenty-foot radius when measured at a distance of five feet from the ground.

Screening and Visibility, Flat Roof: Building-Mounted Solar PV System Plan

Situation A: Corner Lot

Screening and Visibility, Flat Roof: Building-Mounted Solar PV System Plan

Situation B: Interior Lot

Screening and Visibility, Flat Roof: Building-Mounted Solar PV System Elevation

Situation A: Without Building Parapet

Screening and Visibility, Flat Roof: Building-Mounted Solar PV System Elevation

Situation B: With Building Parapet

(9) Impervious lot coverage restrictions. The surface area of any ground-mounted system, regardless of the mounted angle of any portion of the system, is considered impervious surface and shall be calculated as part of the lot coverage limitations for the zoning district. If the ground-mounted system is mounted above existing impervious surface, it shall not be calculated as part of the lot coverage limitations for the zoning district.

(10) Nonconformance.

(a) Building-mounted systems:

[1] If a building-mounted system is to be installed on any building or structure that is nonconforming because its height violates the height restrictions of the zoning district in which it is located, the building-mounted system shall be permitted so long as the building-mounted system does not extend above the peak or highest point of the roof to which it is mounted and so long as it complies with the other provisions of this chapter.

Nonconforming Building, Sloped Roof Facing Front Yard: Building-Mounted Solar PV System Elevation

Nonconforming Building, Sloped Roof Facing Rear or Side Yard: Building-Mounted Solar PV System Elevation

[2] If a building-mounted system is to be installed on a building or structure on a nonconforming lot/parcel/property that does not meet the minimum setbacks required and/or exceeds the lot coverage limits for the zoning district in which it is located, a building-mounted system shall be permitted so long as there is no expansion of any setback or lot coverage nonconformity and so long as it complies with the other provisions of this chapter.

Nonconforming Lot, Setbacks, and/or Lot Coverage Limits: Building-Mounted Solar PV System Isometric

(b) Ground-mounted systems. If a ground-mounted system is to be installed on a lot containing a structure that is nonconforming because the required minimum setbacks are exceeded, the proposed system shall be permitted so long as the system does not encroach into the established setback for the lot. If a ground-mounted system is to be installed on a lot that is nonconforming because it violates zoning district requirements other than setbacks, then a variance must be obtained for the proposed installation.

Nonconforming Lot, Setbacks: Ground-Mounted Solar PV System Isometric

insert diagram

(11) Signage and/or graphic content. No signage or graphic content may be displayed on the solar PV system except the manufacturer's badge, safety information and equipment specification information. Said information shall be depicted within an area no more than 36 square inches in size.

(12) Performance requirements. All solar PV systems are subject to compliance with applicable performance standards detailed elsewhere in this chapter.

(13) Inspection, safety and removal.

(a) The Borough reserves the right to inspect a solar PV system for building or fire code compliance and safety.

(b) If, upon inspection, the Borough determines that a fire code or building code violation exists, or that the system otherwise poses a safety hazard to persons or property, the Borough may order the landowner to repair or remove the system within a reasonable time. Such an order shall be in writing, shall offer the option to repair, shall specify the code violation or safety hazard found and shall notify the landowner of his or her right to appeal such determination.

[1] If a landowner fails to repair or remove a solar PV system as ordered, and any appeal rights have been exhausted, the Borough may enter the lot, remove the system and charge the landowner for all costs and expenses of removal, including reasonable attorney's fees, or pursue other legal action to have the system removed at the landowner's expense.

(c) In addition to any other available remedies, any unpaid costs resulting from the Borough's removal of a vacated abandoned or decommissioned solar PV system shall constitute a lien upon the lot against which the costs were charged. Legal counsel of the Borough shall institute appropriate action for the recovery of such cost, plus attorney's fees, including, but not limited to filing of municipal claims pursuant to 53 P.S. § 7107 et seq., for the cost of such work, 6% interest per annum, plus a penalty of 5% of the amount due, plus attorney's fees and costs incurred by the Borough in connection with the removal work and the filing of the Borough's claim.

(14) Permit requirements. Before any construction or installation on any solar PV system shall commence, a permit issued by Millvale shall be obtained to document compliance with this chapter.

C. Temporary construction trailers or sheds. Temporary construction trailers or sheds are permitted in all zones, subject to the following:

(1) Temporary construction trailers or sheds are permitted only during the period that the construction work is in progress. A permit for the temporary structure must be obtained from the Zoning Officer prior to the commencement of construction and must be renewed every six months.

(2) Temporary construction trailers or sheds must be located on the lot on which the construction is progressing and cannot be located within 10 feet of any lot line adjoining an existing residential use.

(3) Temporary construction trailers or sheds must be used only as temporary field offices and for storage of incidental equipment and supplies and cannot be used for any dwelling use.

(4) A temporary construction trailer may be permitted for use as a sales center for residential lots. The maximum gross floor area of such a temporary sales center is 500 square feet. A permit for the temporary trailer must be obtained from the Zoning Officer.

(5) No combustible materials can be stored in temporary construction trailers or sheds.

D. Height exceptions.

(1) The height limitations of this chapter do not apply to the following structures: place of worship steeples or spires; steeples; chimneys; elevator bulkheads and other mechanical equipment that is part of a primary structure; conveyors; flagpoles; silos; standpipes; elevated water tanks; derricks; public utility structures; and other structures not intended for human habitation which do not exceed the height limitations of the zoning district by more than 15 feet.

(2) All buildings or structures are subject to all applicable Federal Aviation Administration (FAA) height and lighting restrictions.

(3) Structure height, in excess of the height above average ground level allowed in any district, may be permitted, provided all minimum front, side and rear yard depths are increased one foot for each additional foot of height.

E. Residing in basement or foundation structures before completion of the total structure shall not be permitted.

F. In instances where a building straddles or is proposed to straddle multiple lots or an alley, the landowner and/or developer is responsible for verifying with the Borough that no easements or rights-of-way exist.

(1) If there is a recorded right-of-way, the Borough reserves the right to determine if abandonment of the right-of-way for construction is appropriate in context of Millvale Borough's community development objectives and the intent of this chapter. If abandonment is not appropriate, an application could be subject to denial.

(2) If there is an easement, the Borough reserves the right to determine if construction is or is not appropriate to occur on the easement in context of Millvale Borough's community development objectives and the intent of this chapter. If construction on said easement is not appropriate, an application could be subject to denial.

G. Fences and walls.

(1) Within residential districts, fences for a nonresidential use located adjacent to a residential use shall be at least six feet high with a maximum of 5% transparency. Any fence or wall located along any other side or rear lot line shall not be higher than three feet and with a maximum of 5% transparency, unless said wall or fence is located along a lot line adjacent to an alley or building. In said case, the wall(s) or fence(s) may be up to eight feet in height.

(2) Fences are encouraged to be constructed of wood, and walls are encouraged to be constructed of stone or brick masonry to complement the existing character of Borough development.

(3) The exterior side of a fence and/or wall must be oriented to the exterior of the lot on which it is erected or towards a public right-of-way.

(4) A fence or wall in a front and/or rear yard shall be no closer than three feet from the lot line; fences in a side yard may be placed on the lot line.

H. Parking, loading and driveways.

(1) Parking. To encourage vehicular circulation and avoid congestion on public streets, there shall be provided, at the time of the erection or increase by units or dimensions of any building or structure or at the time of creation or change of any use not involving a building or structure, minimum off-street motor vehicle parking spaces, plus adequate space for ingress, egress, and general vehicular circulation. Minimum off-street parking and other such provisions shall be provided in all districts for the following listed uses:

(a) For one- and two-family dwellings, two parking spaces for each family dwelling unit. As to one- and two-family dwellings, no vehicle parking shall be allowed in front yard areas or side yard areas except in an improved driveway behind the line of the front facade.

(b) For multifamily dwellings and apartments, one parking space for each family dwelling unit, plus one additional parking space for every two dwelling units.

(c) For community centers, outdoor commercial recreation enterprises and other recreation and amusement facilities, one parking space for every four customers computed on a basis of maximum servicing capacity at any one time, plus one additional space for every two persons regularly employed during the peak shift on the premises.

(d) For social clubs and similar organizations, one parking space for every 50 square feet of aggregate floor area in the auditorium, assembly hall and dining room of such building, plus one additional space for every two persons regularly employed during the peak shift on the premises.

(e) For funeral homes, parking or storage space for all vehicles used directly in the conduct of the business, plus one parking space for every two persons regularly employed on the premises during peak shift and one space for every 100 square feet of floor area used in the conduct of the business.

(f) For industrial uses, parking or storage space for all vehicles used directly in the conduct of such industrial use, plus one parking space for every three employees on the premises at maximum employment on the peak shift.

(g) For academic and commercial schools, one parking space for every six seats available at maximum capacity in the assembly hall, auditorium, stadium or gymnasium of greatest capacity on the school grounds or campus. If the school has no assembly hall, auditorium, stadium or gymnasium, one parking space shall be provided for each person regularly employed at such school, plus two additional spaces for each classroom.

(h) For municipal uses and other public facilities, parking or storage space for all vehicles used directly in the operation of such establishment, plus one parking space for each 2,000 square feet of total floor area.

(i) For medical and dental clinics or offices, one parking space for each doctor, plus one additional parking space for every two chairs in the waiting room, plus one space for each examining room, plus one additional space for every staff member.

(j) For offices, professional or public buildings, one parking space for every 200 square feet of office space.

(k) For restaurants, breweries, and other eating and/or drinking establishments, one parking space for every two seats plus one parking space for every two employees on the peak shift.

(l) For automobile service and repair stations, parking or storage space for all vehicles used directly in the conduct of the business, plus one parking space for each gas pump, three spaces for each grease rack or similar facility and one space for every two employees on the peak shift.

(m) For theaters, places of assembly and places of worship, one parking space for every four seats available at maximum capacity.

(n) For motels, hotels, boardinghouses, group care facilities, one parking space for each sleeping room offered for occupancy, plus two spaces for each dwelling unit on the premises, plus one additional space for every two persons regularly employed on the premises during the peak shift.

(o) For any and all uses, buildings or structures not specifically provided for in the foregoing enumeration, one parking space for every 250 square feet of floor area.

(p) For all proposed nonresidential uses located within the C District, the applicant shall prepare a shared parking analysis or provide parking on the lot. Development less than 2,000 square feet in area shall not be required to provide parking if said development is within 300 feet of a public off-street parking lot. The sharing of parking is encouraged. The shared parking analysis assesses the amount of development square footage and the calculated number of parking spaces based on the typical hourly demands for all land uses situated within the proposed land development simultaneously. The applicant shall obtain an electronic copy of the shared parking model from the Zoning Officer. The applicant shall determine the proposed development's total nonresidential square footage and/or total number of dwelling units and/or total number of hotel rooms and insert the appropriate numbers into the parking model. The applicant shall submit a proposed parking plan demonstrating how the off-street parking requirements will be met. Borough Council reserves the right to accept the proposed parameters contained with the applicant's parking plan. Any parking plan that does not satisfy the demand calculated by the parking model shall be grounds for denial.

[1] If a proposed parking plan satisfies all or a portion of the off-street parking requirements through off-site facilities, the applicant shall be responsible for obtaining a shared parking agreement. The final shared parking agreement shall be submitted and shall be made a part of the final developer's agreement (if applicable).

[2] The landowner shall be responsible for providing a certification that the shared parking agreement remains in effect on an annual basis. Annual certifications shall be provided to the Zoning Officer by January 2 of each calendar year or the first business day thereafter by the current landowner.

[3] If the agreement outlined above is changed, the landowner shall amend the final land development plan.

(2) Loading. Loading areas and associated garage doors, docks, etc. shall not be visible from the front lot line.

(3) Driveways.

(a) Driveways shall not be accessible from any street designated as Street Typology 1, 2 and/or 3.

(b) All private garages and all off-street parking enclosed within a primary building must be connected directly to a public street or public alley by a private driveway no wider than 12 feet. Where there are multiple off-street parking spaces in a private garage or enclosed within the principal building, the driveway may be widened to access said parking spaces.

(c) The entire flare of any return radius on a driveway must fall within the right-of-way.

I. Utilities.

(1) All utilities for lots that have improvements or are redeveloped must be located underground unless otherwise approved by the Borough Council.

(2) Utility connections such as gas meters, electric meters, phone, and cable must be located so as to minimize their visibility from the street.

(3) HVAC condenser units must be located so as to minimize their visibility from the street.

J. Drive-through facility.

(1) The site shall be in the I District and have frontage on and direct vehicular access to an arterial or collector street as delineated by the Borough.

(2) In addition to the parking spaces required for the principal use, a minimum of five standing spaces, in tandem, with a total length of 100 feet, in direct line with each window or stall, shall be provided for vehicles to wait in line. The standing spaces shall not interfere with the use of any required parking spaces and shall not inhibit the free flow of traffic on the site. The standing spaces shall be designed so that waiting vehicles shall not stand in any right-of-way or overflow onto adjacent properties, streets or berms.

(3) Entrances, exits and standing spaces shall be adequately indicated with pavement markings and/or directional signs.

(4) Parking areas and circulation patterns shall be adequately striped and marked to facilitate traffic circulation on the site.

K. Dumpster enclosures.

(1) Dumpsters existing as of the effective date of this chapter and dumpsters constructed subsequent to the effective date of this chapter shall comply with the following:

(a) No dumpster or dumpster enclosure shall be located within a required landscape buffer yard and may be located within a required yard only if a street or dedicated alley separates the lot from any adjacent residential lot. Required enclosures shall be defined by the Borough based upon review of proposed dumpster location and service area access in relationship to public right-of-way, building locations and vehicular/pedestrian circulation routes.

(b) Dumpsters shall be maintained free of jagged or sharp edges or inside parts that could prevent the free discharge of their contents and closed lids.

(c) All dumpster pads shall be at least two feet larger than the dumpster on all sides. Wheel stops or bollards shall be permanently affixed to the pad at least one foot inside the perimeter of the pad to prevent the dumpster from striking the enclosure during collection. The base of the enclosure must be poured concrete. The base shall extend three feet beyond the front opening of the enclosure as an apron, and all concrete must be level with adjacent asphalt.

(2) Businesses shall be encouraged to share dumpsters.

L. General landscaping.

(1) One landscaped island for every 10 parking spaces must be provided within all nonresidential parking areas. All landscaped islands shall contain one tree a minimum of two inches diameter at breast height; one tree per residential unit or one tree per 1,000 square feet of development in the C District, Industrial District and Riverfront Overlay is required on a lot.

(2) For any plan prepared and submitted as part of an application that involves nonresidential redevelopment, infill, construction, excavation or building expansion, it is recommended to include, and illustrate at scale, the location of trees, shrubs and ground covers for the following:

(a) All Borough-required buffer yards with proposed plantings.

(b) All Borough-required planting independent of any buffer yard requirements.

(c) Any planting in excess of the requirements of this chapter.

(d) Any existing trees or vegetation which are to be preserved.

(e) Any existing trees or vegetation which will be removed.

(f) The location and species of all existing trees six inches in diameter at breast height. Applicants are encouraged to maximize the retention of all healthy existing trees six inches or more diameter at breast height.

M. Outdoor storage.

(1) The Borough aims to provide a safe and healthy environment to its residents and businesses.

(2) The following items associated with outdoor storage are considered public health or safety menaces which may endanger the health or safety of the public and, as such, are subject to Borough inspection. Such items cannot be stored on a lot.

(a) Unsanitary or improper storage or disposal of trash, garbage, refuse, debris, other solid waste or hazardous waste.

(b) Unburied dead animals.

(c) Accumulation of water causing mosquito or other vector breeding or proliferation.

(d) Rodent or insect infestation.

(e) Accumulation of bees, fowl or animals in such a manner to create a condition that may be injurious to the public health or safety.

(f) Uncovered woodpiles, tarped woodpiles and/or woodpiles exceeding 120 cubic feet;

(g) Fuel sources and fire hazards stored freely out-of-doors.

(h) Furniture typically intended/constructed for indoor use stored out of doors.

(i) Inoperable appliances, vehicles and equipment.

(j) Mechanical equipment not intended for traditional landscaping purposes stored between the front facade of a main building and the front lot line.

(k) Motorized, mechanical and other powered vehicles and equipment stored between the front facade of a main building and the front lot line that is not in concealed storage (that which exceeds 85% or greater opacity) or between rear or side facades and rear or side yards that is not screened from adjacent lot(s).

(l) Any other condition or objects that may be injurious or cause adverse effect to public health or safety.

(3) Except for retail/wholesale landscape plant (living) species which require outside storage of materials for growth within the environment, the storage and display of seasonal materials and/or collection of personal property beyond those necessary for common daily living shall not be permitted outside a completely enclosed structure.

(4) Any material or equipment stored outside an enclosed building shall be incidental to the principal use of the lot and shall be stored to the rear of the building or a location otherwise approved by the Borough which screens the display/storage area from public view from the street or from any adjacent residential use.

(5) All organic rubbish and discarded materials shall be contained in tight, verminproof containers which shall be screened from public view by an opaque fence or hedge which is at least six feet in height and achieves 85% opacity.

(6) When any condition that constitutes a public health or safety menace is found on occupied or vacant land or premises, the Borough shall notify in writing the landowner or occupant of the land or premises on which the condition exists and/or any other person whom it believes is responsible for the health or safety menace.

(a) Such notice shall contain a description of the health or safety menace; the time within which the menace shall be abated, corrected or eliminated; and a statement that the landowner, occupant of the land or other person responsible may request a hearing within 10 days of the receipt of the notice. Notice sent by registered or certified mail to the last known address of the owner whose name is shown on the current real estate tax assessment records or occupant or other identified person responsible shall be deemed compliance with the notice requirement to the person responsible.

(b) Upon receipt of the written notice from the Borough, the landowner, occupant of the land or other person responsible, shall abate, correct or eliminate the health or safety menace. The amount of time allowed to abate, correct or eliminate the health or safety menace condition shall be determined by the Borough, and shall not be less than 24 hours nor more than 10 days. If the Borough determines that the menace cannot be abated, corrected or eliminated within 10 days, the Borough may order temporary abatement measures and allow a longer period of time to abate, correct or eliminate the condition. The Borough may allow such a longer period of time only upon request of the landowner, occupant of the land or other person responsible and only upon a good faith showing that such longer period of time is necessary.

(c) After receipt of the written notice, it is unlawful for the landowner, occupant of the land or other person responsible to fail to abate, correct or eliminate the health or safety menace within the time determined by the Borough.

(d) If the written notice is undeliverable, or if after receipt of the written notice, the landowner, occupant of the land or other person responsible fails to abate, correct or eliminate the health or safety menace, the Borough may request Borough representatives to take reasonable steps to abate, correct or eliminate the health or safety menace whether the land or premises are occupied or vacant. If the landowner, occupant of the land or other person responsible denies free access for such purposes, the Borough may proceed after obtaining the applicable legal authorization.

(e) Costs and expenses incurred by the Borough in abating, correcting or eliminating a health or safety menace on private property shall be assessed against the owner and/or occupant of the land or premises and/or any other person responsible for the health or safety menace, and shall be recoverable from the owner in the same way as taxes and levies. Costs and expenses incurred by the Borough in abating, correcting or eliminating a health or safety menace on public property shall be recoverable from the person or persons responsible for causing the health or safety menace.

N. Wireless communications facilities.

[Added 9-13-2022 by Ord. No. 2811]

(1) Purpose. The purpose of these provisions is to establish standards for the permitting, siting, design, construction, maintenance, and operation of wireless communications facilities in Millvale Borough. By enacting this section, the Borough intends to:

(a) Provide for the managed development of wireless communications facilities in accordance with federal and state laws and regulations.

(b) Establish procedures for the permitting, design, siting, construction, maintenance, operation and removal of wireless communications facilities in the Borough, including wireless communications facilities both inside and outside the public rights-of-way.

(c) Address new wireless technologies, including but not limited to small cells, distributed antenna systems, data collection units, and other wireless communications facilities.

(d) Encourage applicants to co-locate their wireless communications facilities on existing wireless support structures and other tall structures.

(e) Minimize the adverse visual effects of such facilities through proper design, siting, screening, material, color and finish, and by requiring that competing providers of wireless communications services co-locate their wireless communications facilities on existing towers.

(f) Promote the health, safety and welfare of the Borough's resident.

(g) Address recent changes in federal and state law governing local regulations of wireless communications facilities.

(2) General requirements for all wireless communications facilities. The following regulations shall apply to all wireless communications facilities:

(a) Noncommercial usage exemption. Borough citizens utilizing satellite dishes and antennas for the purpose of maintaining amateur radio, television, phone and/or Internet connections at their respective residences shall be exempt from the requirements of this § 312-20N.

(b) Standard of care.

[1] All WCFs shall be designed, constructed, and maintained in strict compliance with the applicable requirements of the FAA, FCC, and any other federal, state or local regulatory authority, and 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, and the structural standards of the American Association of State Highway and Transportation Officials or any other industry standard applicable to the structure. 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 damage any property in the Borough.

[2] If such standards or regulations are changed, the owner of the WCF shall bring such WCF into compliance with the revised standards within six months of the effective date of such standards or regulations, unless a different compliance schedule is mandated by the controlling state or federal agency. Failure to bring such facilities into compliance shall constitute grounds for revocation of the zoning permit for the WCF.

[3] Eligible facilities requests. WCF applicants proposing a modification to an existing WCF that constitutes an eligible facilities request shall be required only to obtain a building permit from the Borough Zoning Officer. In order to be considered for such permit, the WCF applicant must submit a permit application to the Borough Zoning Officer in accordance with applicable permit policies and procedures. Such permit application shall clearly state that the proposed modification constitutes an eligible facilities request pursuant to the requirements of 47 CFR 1.6100. The permit application shall clearly detail all dimensional changes being made to the WCF and wireless support structure.

[4] Timing of approval.

[a] Within 30 calendar days of receipt of an application for the modification of an existing WCF, the Borough Zoning Officer shall notify the WCF applicant in writing of any information that may be required to complete such application.

[b] Within 60 days of receipt of an application for an eligible facilities request, and subject to applicable tolling procedures as established by federal law, the Borough Zoning Officer shall issue the required building and zoning permits authorizing the proposed modification.

[5] Wind. All WCFs 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/TIA-222, as amended).

[6] Aviation safety. WCFs shall comply with all applicable federal and state laws and regulations concerning aviation safety.

[7] Public safety communications. No WCF shall interfere with public safety communications or the reception of broadband, television, radio or other communication services.

[8] Signs. All WCFs shall post a sign in a readily visible location clearly identifying the owner of the WCF and the name and phone number of a party to contact in the event of an emergency. The only other signage permitted on the WCF shall be those required by the FCC or any other federal or state agency.

[9] Radio frequency emissions. No 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. The WCF applicant shall submit proof of compliance with all applicable standards relating to radio frequency emissions as part of any complete WCF application.

[10] Noise. WCFs shall be operated and maintained so as not to produce noise in excess of applicable noise standards under state law and Chapter 190 of the Borough Code of Ordinances, except in emergency situations requiring the use of a backup generator, where such noise standards may be exceeded on a temporary basis only as permitted by the Borough.

[11] Third-party permission. Where a proposed WCF will be located on a property or structure owned by a party other than the WCF applicant, the WCF applicant shall present documentation to Borough Council that the owner of the property has granted an easement or other property right to the WCF applicant permitting construction of the proposed WCF.

[12] 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 WCF. Such permit fees shall be established by the Borough fee schedule, and may be amended by Borough Council.

[13] Engineer signature. All plans and drawings for a WCF shall contain a seal and signature of a professional structural engineer, licensed in the Commonwealth of Pennsylvania certifying the structural integrity of the proposed WCF and compliance with all local, state and federal laws and regulations applicable to the proposed WCF.

[14] Maintenance. To the extent permitted by law, the following maintenance requirements shall apply:

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

[b] 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.

[15] Timing of approval. The following table details the applicable timeframe of approval for each type of WCF application:

Type of WCF/Application	Notice of Incompleteness	Final Decision
Co-located WCF	30 calendar days from receipt of application for initial notice; 10 calendar days from receipt of supplemental application for subsequent notices	90 total calendar days from receipt of initial application.
Eligible facilities request	30 calendar days from receipt of initial application; 10 calendar days from receipt of supplemental application for subsequent notices	60 total calendar days from receipt of initial application.
Small WCF (co-located)	10 business days from receipt of initial or supplemental application	60 total calendar days from receipt of initial application
Small WCF (new or replacement wireless support structure)	10 business days from receipt of initial or supplemental application	90 total calendar days from receipt of initial application
Tower-based WCF	30 calendar days from receipt of application for initial notice; 10 calendar days from receipt of supplemental application for subsequent notices	150 total calendar days from receipt of initial application

(3) Specific requirements for co-located wireless communications facilities. The following regulations shall apply to co-located WCFs that do not meet the definition of a small WCF:

(a) Location requirements. Co-located WCFs shall be permitted outside the public rights-of-way in those zones designated in Table 1, Primary Land Use Table, as a permitted use.

(b) Application requirements. Applications for co-located WCFs shall include the following:

[1] The name and contact information, including phone number, for both the WCF applicant and, if different, the owner of the proposed co-located WCF.

[2] A site plan, drawn to scale, showing property boundaries, power location, total height of the co-located WCF, the entirety of the structure upon which the co-located WCF will be co-located, and antenna and accessory equipment dimensions and locations.

[3] A before-and-after depiction of the proposed site, such as a construction drawing, showing all equipment being proposed as part of the co-located WCF. If the co-located WCF is proposed for location on a wireless support structure that currently supports existing WCFs or other attachments, the depiction shall show the location and dimensions of all such attachments.

[4] The manufacturer and model, proposed location, and physical dimensions (including volume) of each piece of equipment proposed as part of the co-located WCF.

[5] An aerial photograph of the proposed site showing the area within 500 feet of the co-located WCF. The aerial photograph shall identify all structures within such radius.

[6] Photo simulations depicting the co-located WCF from at least three locations near the proposed site. The photo simulations should reflect the proposed design and location of all equipment associated with the co-located WCF.

[7] A written certification by a structural engineer licensed in the Commonwealth of Pennsylvania confirming that the proposed co-located WCF and wireless support structure are structurally sound and shall not endanger public health and safety.

[8] A report by a qualified engineering expert which shows that the co-located WCF will comply with applicable FCC regulations, including applicable standards for radiofrequency emissions.

[9] Certification of the application's compliance with all requirements of this § 312-20N.

[10] All application fees required by the Borough as detailed in the Borough Fee Schedule.

(c) Development regulations.

[1] Co-located WCFs shall not be located on any single-family dwelling, two-family dwelling, or residential accessory structure.

[2] A co-located WCF shall be permitted to exceed the preexisting height of the structure upon which the co-located WCF is attached by no more than 10 feet.

[3] Any communications equipment buildings shall be subject to the height and setback requirements of the applicable zoning district.

[4] A security fence with a minimum height of eight feet shall surround any separate communications equipment building. Vehicular access to the communications equipment building, if necessary, shall not interfere with the parking or vehicular circulations on the site for the principal use.

[5] Co-located 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.

[6] Removal, replacement, modification. The removal, replacement or modification of co-located WCFs and/or accessory equipment for the purpose of upgrading or repairing the WCF is permitted, so long as such removal, replacement or modification does not substantially change the dimensions of the underlying support structure. Any modification that constitutes a substantial change to a WCF shall require a prior amendment to the original permit or authorization.

[7] 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.

[8] Removal. In the event that use of a co-located WCF is discontinued, the owner shall provide written notice within 90 days 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:

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

[b] If the WCF or accessory equipment 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 accessory equipment may be removed by the Borough, and the cost of removal assessed against the owner of the WCF.

(4) Specific requirements for tower-based wireless communications facilities outside the rights-of-way. The following regulations shall apply to all tower-based wireless communications facilities located outside the rights-of-way that do not meet the definition of a small WCF:

(a) Location. Tower-based WCFs may be located outside the rights-of-way as a conditional use in the I Industrial District.

(b) Conditional use. A WCF applicant proposing a new tower-based WCF shall submit a conditional use application in accordance with Article III of the Borough Zoning Ordinance and this § 312-20N.

(c) Notice. Upon submission of an application for a tower-based WCF and the scheduling of the public hearing upon the application, the WCF applicant shall mail notice to all owners of every property within 500 feet of the proposed facility. Such notice shall be provided a minimum of 10 days in advance of such public hearing. The WCF applicant shall provide proof of the notification to the Borough.

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

(e) Co-location and siting. An application for a new tower-based WCF shall not be approved unless Borough Council finds that the antenna and accessory equipment planned for the proposed tower-based WCF cannot be co-located on an existing or approved structure or building or on Borough property. Borough Council may deny an application to construct a new tower-based WCF if the WCF applicant has not made a good-faith effort to mount the antenna(s) on an existing structure as set forth in this section. The WCF applicant shall demonstrate that it contacted the owners of tall structures, buildings and towers within a 1/4 mile radius of the site proposed, sought permission to install an antenna on those structures, buildings and towers, and was denied for one of the following reasons:

[1] The proposed antenna and accessory equipment would exceed the structural capacity of the existing building, structure or tower, and its reinforcement cannot be accomplished at a reasonable cost.

[2] The proposed antenna and accessory equipment would cause radio frequency interference with other existing equipment for that existing building, structure or tower, and the interference cannot be prevented at a reasonable cost.

[3] Such existing buildings, structures or towers do not have adequate location, space, access or height to accommodate the proposed equipment or to allow it to perform its intended function.

[4] A commercially reasonable agreement could not be reached with the owner of such building, structure or tower.

(f) Development regulations.

[1] Tower-based WCFs shall not be located in, or within 50 feet of an area in which utilities are primarily located underground.

[2] Sole use on a lot. A tower-based WCF shall be permitted as a sole use on a lot, provided that the underlying lot meets the minimum requirements of the underlying zoning district. The minimum distance between the base of a tower-based WCF and any adjoining property line or street right-of-way line shall equal 150% of the proposed WCF structure's height, unless the WCF applicant shows to the satisfaction of Borough Council that the proposed tower-based WCF has been designed in such a manner that a lesser setback will have no negative effects on public safety.

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

[a] The existing use on the property may be any permitted use in the applicable district, and need not be affiliated with the WCF.

[b] Minimum lot area. The minimum lot shall comply with the requirements for the applicable zoning district and shall be the area needed to accommodate the tower-based WCF and guy wires, the equipment building, security fence, and buffer planting.

[c] Minimum setbacks. The minimum distance between the base of a tower-based WCF and any adjoining property line or street right-of-way line shall equal 150% of the proposed height of the tower-based WCF, unless the WCF applicant shows to the satisfaction of Borough Council that the proposed tower-based WCF has been designed in such a manner that a lesser setback will have no negative effects on public safety.

(g) 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. In addition to the other design requirements enumerated in this section, 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.

[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.

[4] The tower-based WCF may be equipped with an anti-climbing device, as approved by the manufacturer.

(h) Surrounding environs. 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.

(i) Fence/screen.

[1] A security fence with a minimum height of eight feet shall completely surround any tower-based WCF located outside the rights-of-way, as well as guy wires, or any communications equipment building.

[2] The base of the tower-based WCF shall be landscaped so as to screen the foundation, base and any communications equipment building from abutting properties.

(j) Permit required for modifications. To the extent permissible under applicable state and federal law, any WCF applicant proposing the modification of an existing tower-based WCF shall first obtain the applicable permit from the Borough Zoning and Building Department, in accordance with the Borough's permitting practices.

(k) 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 feasible. The owner of a tower-based WCF shall not install any additional antennas without obtaining the prior written approval of the Borough.

(l) Height. Tower-based WCFs shall be designed and kept at the minimum functional height. The maximum height of any tower-based WCF shall be 100 feet. No WCF applicant shall have the right under these regulations to erect a tower to the maximum height specified in this section unless it proves the necessity for such height.

(m) Communications equipment buildings. Any communications equipment building shall comply with the required yard and height requirement of the applicable zoning district for an accessory structure.

(n) Historic buildings or districts. No tower-based WCF may be located on a property that is listed on the National or Pennsylvania Registers of Historic Places.

(o) Lighting. No tower-based WCF shall be artificially lighted, except as required by law. If lighting is required, the WCF applicant shall provide a detailed plan for sufficient lighting demonstrating as unobtrusive and inoffensive an effect as is permissible under state and federal regulations. The WCF applicant shall promptly report any outage or malfunction of FAA-mandated lighting to the appropriate governmental authorities and to the Borough Manager.

(p) 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 WCF applicant and/or owner of the WCF shall reimburse the Borough for all costs of the Borough's consultant(s) in providing expert evaluation and consultation in connection with these activities.

(q) 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 but must otherwise comply with the terms and conditions of this chapter.

(r) 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, accessory equipment and communications equipment buildings 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, accessory equipment, and communications equipment building 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, accessory equipment, and communications equipment building may be removed by the Borough and the cost of removal assessed against the owner of the WCF.

[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, accessory equipment, or communications equipment building previously removed.

(s) 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.

(t) Reservation of rights. In accordance with applicable law, the Borough reserves the right to deny an application for the construction or placement of any tower-based WCF.

(u) Financial security. Prior to receipt of a zoning permit for the construction or placement of a tower-based WCF, the WCF applicant shall provide to the Borough financial security sufficient to guarantee the removal of the tower-based WCF. Said financial security shall remain in place until construction of the tower-based WCF is complete and a final inspection of the tower-based WCF has been performed.

(5) Specific requirements for small wireless communications facilities. The following regulations shall apply to all small wireless communications facilities:

(a) Permitted locations.

[1] All small WCFs inside the rights-of-way shall be a permitted use in all Borough zoning districts, subject to the requirements of this § 312-20N and generally applicable permitting as required by the Borough Code.

[2] All small WCFs installed on structures outside of the right of way shall be permitted in those zoning districts listed in § 312-9, Zoning districts and land uses, Table 1, Principal Land Uses. Small WCFs requiring the installation of a new wireless support structure and located outside the rights-of-way shall be a permitted use in the I Industrial District, subject to the requirements of this § 312-20N and generally applicable permitting as required by the Borough Code.

(b) Application requirements.

[1] Applications for small WCFs shall be submitted to the Borough Zoning Officer.

[2] Applications for small WCFs shall include the following:

[a] The name and contact information, including phone number, for both the WCF applicant and the owner of the proposed small WCF.

[b] A cover letter detailing the location of the proposed site, all equipment being proposed as part of the small WCF, and a certification that the WCF applicant has included all information required by the Borough Code, signed by a representative of the applicant.

[c] A before-and-after depiction of the proposed site, such as a construction drawing, showing all equipment being proposed as part of the small WCF.

[i] If the small WCF is proposed for location on an existing or replacement wireless support structure that currently supports existing attachments, the depiction shall show the location and dimensions of all such attachments.

[ii] If installation of a new or replacement wireless support structure is being proposed, the depiction shall include the color, dimensions, material and type of wireless support structure proposed.

[d] The manufacturer and model, proposed location, and physical dimensions (including volume) of each piece of equipment proposed as part of the small WCF.

[e] An aerial photograph of the proposed site showing the area within 500 feet of the small WCF. The aerial photograph shall identify all structures within such radius.

[f] Photo simulations depicting the small WCF from at least three locations near the proposed site. The photo simulations should reflect the proposed design and location of all equipment associated with the small WCF.

[g] If the proposed small WCF will be located on a property or structure owned by a party other than the WCF applicant, proof of the WCF applicant having obtained an easement or other property right from the property owner allowing for construction of the proposed WCF.

[h] A written certification by a structural engineer licensed in the Commonwealth of Pennsylvania confirming that the proposed small WCF and wireless support structure are structurally sound and shall not endanger public health and safety.

[i] A report by a qualified engineering expert which shows that the small WCF will comply with applicable FCC regulations, including applicable standards for radiofrequency emissions.

[j] Proof of compliance with all applicable requirements of this § 312-20N.

[k] All application fees required by the Borough as detailed in the Borough fee schedule.

[3] Denial and resubmission.

[a] If the Borough denies an application for a small WCF, the Borough shall provide the WCF applicant with written documentation of the basis for denial, including the specific provisions of the Borough Code on which the denial was based, within five business days of the denial.

[b] The WCF applicant may cure the deficiencies identified by the Borough and resubmit the application within 30 days of receiving the written basis for the denial without being required to pay an additional application fee. The Borough shall approve or deny the revised application within 30 days of the application being resubmitted for review.

[4] Consolidated applications. A single WCF applicant may not submit more than one consolidated or 20 single applications for co-located small WCFs in a thirty-day period. If the Borough receives more than one consolidated application or 20 single applications within a forty-five-day period, the applicable timeframe under § 312-20N(2)(n) shall be extended by 15 days.

(c) Time, place and manner. Once approved, the Borough shall determine the time, place and manner of construction, maintenance, repair and/or removal of all small WCFs in the ROW based on public safety, traffic management, physical burden on the ROW, and related considerations.

(d) Attachment to municipal structures. The Borough shall allow the co-location of small WCFs to structures owned by the Borough in accordance with the hierarchy detailed in this section. If the WCF applicant is proposing the co-location of a small WCF on a lower-priority structure, it shall be a condition to the approval of the application that the WCF applicant provide evidence that co-location on a higher-priority structure or wireless support structure owned by a third party is not technically feasible. In order from most preferable to least preferable, the Borough's Co-location preferences are as follows.

[1] Power poles;

[2] Traffic signage poles without traffic signals;

[3] Traffic signal poles;

[4] Decorative light poles.

(e) Obstruction. Small WCFs and accessory equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, create safety hazards to pedestrians and/or motorists, or to otherwise inconvenience public use of the ROW as determined by the Borough.

(f) Graffiti. Any graffiti on a small WCF, including the wireless support structure and any accessory equipment, shall be removed at the sole expense of the owner within 10 calendar days of notification by the Borough.

(g) Design standards. All small WCFs in the Borough shall comply with the requirements of the Borough Small Wireless Communications Facility Design Manual. A copy of such shall be kept on file at the Borough Zoning and Building Department.

(h) Obsolete equipment. As part of the construction, modification or replacement of a small WCF, the WCF applicant shall remove any obsolete or abandoned equipment from the structure upon which the small WCF will be attached.

(i) Relocation or removal of facilities. Within 90 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 small 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 right-of-way;

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

[3] Vacation of a street or road or the release of a utility easement; or

[4] An emergency that constitutes a clear and immediate danger to the health, welfare, or safety of the public as determined by the Borough.

(j) Reimbursement for ROW use. In addition to permit fees as described in this chapter, every small WCF in the ROW is subject to the Borough's right to fix annually a fair and reasonable compensation to be paid for use and occupancy of the ROW. Such compensation for ROW use shall be directly related to the Borough's actual ROW management costs, including but not limited to the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other ROW management activities by the Borough. The owner of each small WCF shall pay an annual fee to the Borough to compensate the Borough for the Borough's costs incurred in connection with the activities described above.

§ 312-21 Riverfront District.

A. District criteria.

(1) Criteria for approval. Riverfront developments may be allowed or denied by Council after recommendation by the Planning Commission in accordance with the procedure set forth in this chapter.

(2) Findings of fact. A riverfront development plan for a riverfront development shall be approved if, and only if, it is found to meet the following criteria:

(a) Borough and regional access to the river. The proposed riverfront development plan shall not inhibit the creation of a Borough and regional access point to the Allegheny River by the public.

(b) Public trail. The proposed riverfront development plan shall not inhibit the future creation of a trail along the Allegheny River for walking, hiking and biking, the portion of which trail in Millvale Borough shall be part of a regional trail along the Allegheny River.

(c) Riverfront. The proposed riverfront development plan incorporates plans and means for improving public access to, use of, and enjoyment of the scenic and other assets of the Allegheny River, and furthers the goals of the Borough relative to the use and preservation of riverfront property; or in the alternative, will not inhibit the same.

(d) Comprehensive Plan. The proposed riverfront development plan preserves the development objectives of this chapter, and is consistent with or does not substantially deviate from the 1991 Concept Plan prepared by Allegheny County Planning Department.

(e) Open space. The proposals for the maintenance and conservation of any proposed common open space are reliable; and the amount and extent of improvements of such open space is adequate with respect to the purpose, use, and type of development proposed.

(f) Infrastructure. The physical design of the proposed riverfront development plan adequately provides for public services, pedestrian and vehicle traffic facilities and parking, light, air, recreation and visual enjoyment.

(g) Neighborhood. The total environment of the proposed riverfront development plan is harmonious and consistent with the riverfront district or subdistrict in which it is located, and that the long-term development of any unused portion of the land owned or controlled by the developer will be harmonious and consistent with the portion of the land proposed for approval.

(h) Environment. The proposed riverfront development plan will afford a greater degree of protection of natural watercourses, topsoil, trees, and other features of the natural environment, and prevention of erosion, landslides, siltation and flooding.

(i) Balanced development. The riverfront development plan will provide for a reasonable balance among permitted uses within the riverfront district, including uses already established pursuant to previously approved riverfront development plans.

(j) Residential. Residential area will be of adequate size and design to provide a long-term assurance of a sound residential environment for its residents.

(k) Safety. No use or design feature in the proposed riverfront plan development shall involve any element or cause any condition or traffic hazard that may be dangerous, injurious or noxious to any other property or persons within the zone.

(l) Timing. In the case of a riverfront development plan which proposes development over a period of years, the riverfront development plan will provide at each stage of development a sufficient proportion of open space, plan facilities and amenities, and other improvements and conditions as required in this chapter and as intended to protect the interest of the public and other residents of the riverfront development and the integrity of the riverfront development plan.

(m) Visual barriers. The bulk of any development shall not unduly establish visual barriers to and from the river.

(n) Water-dependent or water-enhanced development. All uses and facilities within the Riverfront District shall be water-enhanced and/or water-oriented.

B. Standards for all planned riverfront development.

(1) Riverfront development plans. Riverfront developments may be approved under provisions of this chapter if, and only if, they comply with the following standards and provisions.

(2) Ownership. The entire site for the planned riverfront development shall be owned or controlled by the developer. One hundred percent of the land in a subdistrict shall be controlled by the applicant seeking planned riverfront development approval at the time of application through ownership or sales option. A final planned riverfront development plan shall not be approved until proof of ownership of the land or proof of control of the land through sales agreement has been submitted by the applicant.

(3) Size of site. The site shall be an entire subdistrict as defined in § 312-15. The site may be comprised of one or more of the subdistricts set forth in § 312-15.

(4) Highway access. The site must provide for access from an arterial street or highway to ensure convenient and safe access which will not cause undue congestion or safety hazards on local streets. Where the traffic impact statement indicates that the traffic to be generated by the proposed riverfront development plan is likely to constitute a hazard to safety, the riverfront development plan shall not be approved except in phases which correspond to the limits on capacity and to any programmed improvements designated to mitigate such hazard. A hazard to safety shall be deemed to occur when traffic at any part of any intersection would exceed a service level "D" as defined by the Pennsylvania Department of Transportation Design Manual, Part 2, Highway Design, 1981.

(5) Safety. The development and the site shall be of such character so as to avoid danger to health or peril from fire, flood, or other hazard.

(6) Building setback. There shall be a building setback of 50 feet from normal pool wherein no improvements shall be erected, with the exception of walkways, bike trails, landscaping and boat slips and docks.

(7) Common open space. Common open space shall be developed to a degree commensurate with its location and probable usage, including walkways, bike trails and landscaping. The common open space shall be so dedicated and otherwise preserved and maintained so as to always remain open and available for use by the users and occupants of the riverfront development. The building setback in Subsection B(6) above shall be considered as common open space. The common open space, including all improvements and facilities, shall be either:

(a) Dedicated for public use to a public body or a nonprofit corporation which agrees to operate and maintain the dedicated land and facilities; provided, however, no public body is obligated by this chapter, including the Borough of Millvale, to accept such dedication; or

(b) Deeded to an organization representing the property owners of the development, which organization shall covenant to operate and maintain land and facilities. Such organization may neither be dissolved nor dispose of the common open space unless the maintenance of the common open space is otherwise guaranteed to the Borough's satisfaction.

(8) Common open space maintenance. If the organization established to own and maintain common open space, or any successor organization, shall at any time fail to maintain such common open space in reasonable order and condition in accordance with the riverfront planned development, the Borough may serve written notice upon such organization or upon the residents of the riverfront planned development setting forth the manner in which the organization has failed to maintain the common open space in reasonable condition, and said notice shall include a demand that deficiencies of maintenance be corrected within 30 days thereof, and shall state the date and place of a hearing thereon which shall be held within 14 days of the notice. At such hearing, Borough Council may modify the terms of the original notice as to the deficiencies and may give an extension of time within which they shall be corrected.

(a) If the deficiencies so set forth in the original notice or in the modifications thereof shall not be corrected within said 30 days or any extension thereof, the Borough, in order to preserve the taxable values of the properties within the riverfront unit development and to prevent the common open space from becoming a public nuisance, may enter upon said common open space and maintain the same for a period of one year. Said maintenance by the Borough shall not constitute a taking of said common open space, or a de facto taking of same, nor vest in the public any rights to use the same.

(b) Before the expiration of said year, the Borough shall, upon its initiative or upon the request of the organization theretofore responsible for the maintenance of the common open space, call a public hearing upon notice to such organization, or to the residents of the riverfront unit development, to be held by the Borough Council or its designated agency, at which hearing, such organization or the residents of the riverfront unit development shall show cause why such maintenance by the Borough shall not, at the option of the Borough, continue for a succeeding year. If the Borough Council, or its designated agency, shall determine that such organization is ready and able to maintain said common open space in reasonable condition, the Borough shall cease to maintain said common open space at the end of said year. If the Borough Council or its designated agency shall determine that such organization is not ready and able to maintain said common open space in a reasonable condition, the Borough may, in its discretion, continue to maintain said common open space during the next succeeding year and, subject to a similar hearing and determination, in each year thereafter.

(c) The decision of the Borough Council or its designated agency shall be subject to appeal to court in the same manner, and within the same time limitation, as is provided for zoning appeals by the Pennsylvania Municipalities Planning Code.[1]

[1] Editor's Note: See 53 P.S. § 10101 et seq.

(d) The cost of any such maintenance by the Borough shall be assessed ratably against the properties within the riverfront development that have a right of enjoyment of the common space pursuant to their individual real estate assessments as determined by the Allegheny County Board of Property Assessments, Appeals and Review, and shall become a lien on said properties collectible in such manner as other municipal liens. The Borough, at the time of entering upon said common open space for purpose of maintenance, shall file a notice of lien in the Prothonotary's Office of Allegheny County with the properties affected by the lien within the riverfront development. The Borough may take any other steps, at law or in equity, to recover the cost of such maintenance from the owners of the properties within the riverfront development.

(9) Screening. A planned visual barrier or landscape screen shall be provided and maintained by the developer on every yard between any contiguous commercial and residential uses. This screen shall be not less than 10 feet in depth and composed of both evergreen and deciduous plants and trees arranged to form both a low-level and a high-level screen. The high-level screen shall consist of trees planted with specimens having a minimum caliper no less than 3 1/2 inches, and planted at intervals that will assure a visual screen within two years of planting which blocks not less than 50% of the structures and facilities on the commercial site. The low-level screens shall consist of shrubs or hedges planted at an initial height of not less than two feet, placed in alternating rows to reduce a dense visual barrier. Any plant or tree not surviving three years after planting shall be replaced.

(a) A masonry wall or earth mound not less than five feet in height and a landscape screen shall be provided and maintained by the developer in every yard between any contiguous light industrial and residential uses and adjacent to every railroad right-of-way. The screen shall conform to the requirements of screening immediately above.

(10) Building space. The requirements determining the spacing of building shall be flexible so as to encourage imaginative site design. The spaces between buildings shall guarantee adequate light, air and emergency access.

(11) Building groupings. Structures used for dwelling units shall be oriented so as to ensure adequate light and air exposure for walls containing main window exposure or main entrances. Each structure shall be so arranged so as to avoid undue exposure to concentrated loading or parking facilities.

(12) Signs. No signs shall be permitted in a planned riverfront development except in strict conformance with regulations regarding signs as set forth in this chapter. No billboard or outdoor advertising whatsoever shall be permitted.

(13) Public trail. All subdistricts shall provide for a public trail that permits nonmotorized access for cyclists, walkers, joggers and handicapped users throughout the Riverfront District. Design and construction specifications for the public trail are subject to the approval of Allegheny County Planning Department.

(14) Special regulations for Subdistricts A and B.

(a) Height. Dry stack marina structures shall not exceed the height of 50 feet. All other structures shall not exceed the height of 35 feet.

(15) Special regulations for Subdistrict C.

(a) Height. Dwelling units shall not exceed the height of 40 feet. All other structures shall not exceed the height of 35 feet.

(b) Not less than 15% of the entire subdistrict shall be provided and maintained as open space. Land area located within the fifty-foot river setback and slope area shall be credited toward the open space requirement. The maximum number of residential units shall not exceed 12 per acre. No structure shall contain more than 10 dwelling units.