This article contains provisions which qualify or supplement
the district regulations appearing elsewhere in this chapter.
Accessory buildings, structures or uses shall only be constructed
on a lot containing a principal structure or use. No use of an accessory
building will be permitted until completion of the permitted principal
building or use. Unless specified elsewhere in this chapter, accessory
buildings, including, but not limited to, detached garages, shall
comply with the following:
A.
Detached private garage for no more than three automobiles shall
be permitted in any district.
B.
Detached accessory structures, buildings shall not exceed 16 feet in height in all residential districts except as noted in Subsection H.
C.
Attached accessory buildings shall not exceed the height of the principal
structure.
D.
Temporary buildings and structures are not permitted, except as otherwise
permitted in this article.
E.
No detached or freestanding accessory building or structure shall be located within any required front yard, except fences and walls in accordance with § 260-153.
F.
An accessory building or structure may be erected in the side or
rear yard, provided that such building is entirely separated from
the principal building by a minimum distance of 10 feet and is located
farther back from the front street line than the front most portion
of the principal building.
G.
An accessory building shall have a maximum area no larger than 300
square feet in ground floor area, with the exception of accessory
garages, which shall not exceed 1,000 square feet.
H.
An accessory building may be erected within the rear yard, provided
where such rear yard is along an alley or adjacent to another lot,
the accessory building shall be located not less than five feet from
such side or rear lot line.
I.
Any accessory building or structure erected, set or placed less than
10 feet from the principal or main building shall be attached to the
principal or main building and shall be considered as part of that
structure.
J.
An existing nonconforming accessory building or structure may be
repaired or completely removed, but shall not be expanded or substantially
altered.
K.
No dwelling unit shall be permitted in any basement, cellar or any
other accessory building or structure except that a dwelling unit
having a minimum of 450 square feet of habitable floor area may be
constructed above an existing detached garage(s) or accessory building
with nonhabitable floor area on the ground level up to a maximum of
two stories above grade. Conversion of ground level nonhabitable floor
area into habitable floor area creates a principal building.
L.
Accessory uses include but are not limited to swimming pools, greenhouses
and tennis courts.
M.
The use of nontraditional storage units, including those commercially
known as "PODS®" or enclosed container of a box trailer with or
without wheels, shall be permitted on a temporary basis subject to
the following:
(1)
Units shall be permitted for a maximum period of 60 days in
any one calendar year. This period may be extended upon written request
to the Zoning Officer for a period not exceeding 180 days.
(2)
The enclosed container of a box trailer with wheels may be used
for temporary construction storage for the period for which a valid
building permit has been issued. Such units shall be licensed and
located in accordance with the required accessory use setback of the
zoning district in which the property is located.
(3)
The container of a box trailer, with or without wheels, shall
not be used for permanent storage in any zoning district.
(4)
A zoning permit must be obtained from the Zoning Officer.
A.
No standard antenna, including its supporting structure, shall have
a total height exceeding 15 feet above the top of the principal building
on the lot, except that an amateur radio antenna may have a maximum
height above the average surrounding ground level of 70 feet.
B.
An antenna shall be properly anchored to resist high winds.
A.
Solid waste dumpsters shall be screened on three sides. Such screening
shall consist of decorative masonry walls, solid weather-resistant
wood fencing or a material of a similar appearance (such as white
vinyl vertical planks). Evergreen plantings are also encouraged in
addition to the fence or wall. The fence or wall shall include a self-latching
door or gate.
B.
Setback from dwellings. An outdoor solid waste container with a capacity
of over 25 cubic feet shall be kept the maximum distance that is feasible
from any abutting dwelling, provided that the container is not in
the minimum front yard setback area. In any case, an outdoor solid
waste container shall be kept a minimum of 15 feet from an abutting
dwelling. A solid waste dumpster shall not be located in a front,
side or rear setback yard or a required buffer yard.
C.
All waste containers shall be completely enclosed, and the lid shall
be kept in place. The locations of all dumpsters shall be shown on
all site plans and land development plans submitted to the Borough
of Middletown.
D.
This section shall not apply to dumpsters temporarily placed during
actual construction or demolition on the premises, or for recycling
containers that do not involve garbage.
A.
It shall be the duty of each person or contractor who intends to
perform excavation or demolition work at a site within the Borough
to obtain a permit from the Code Enforcement Officer. Such permit
shall not be issued unless the person or contractor establishes proof
of compliance with the appropriate notification requirement under
Pennsylvania law (Act No. 287, approved December 10, 1974, as the
same may be changed or amended from time to time).[1]
[1]
Editor's Note: See 73 P.S. § 176 et seq.
B.
Any excavations for the removal of topsoil or other earth products
must be adequately drained to prevent the formation of pools of water.
The Zoning Officer may require that such an excavation be enclosed
by a fence if it is deemed to be a menace to the public health, safety
and welfare. Such excavation shall be graded to avoid the creation
of open pits, holes or depressions which are below the elevation of
adjacent roadways.
C.
Unless specifically permitted by the Zoning Hearing Board, open excavations
shall not be maintained, except those excavations made for the erection
of a building or structure for which a permit has been issued.
D.
The dumping of earth, gravel, rock or other materials not subject
to decay shall not be permitted in any zone or any vacant land except
by permit. In any event, the existing grade shall not be raised more
than three feet above the nearest road, hazardous or nuisance conditions
shall not be created, nor shall an unsightly appearance or unstable
slopes be created. The dumping of materials subject to decay, noxious
or offensive materials or junk shall not be permitted in any district.
E.
Excavations shall be made only by permit and such permit shall be
issued only when shown not to be detrimental to the neighborhood or
objectives of ordinances. Excavations must not remain as a scar to
the land and must be contoured and seeded to restore the continuity
of surrounding land.
F.
A maximum of 30% graded incline or decline shall be permitted in
relationship to existing adjoining property grades after excavation.
A.
Fences and freestanding walls may be erected, altered and maintained
within the yards, provided that any such fence or wall in the front
yard shall not exceed four feet in height, and any fence or wall in
the side or rear yard exceeding six feet in height shall contain openings
therein equal to 50% of the area of that portion of the wall or fence
exceeding six feet in height, not to exceed two feet. Barbed wire
will be permitted at the top of a fence or barrier in the C-1, C-2
and M-1 Districts or publicly owned properties at a minimum height
of six feet. No fence or other barrier may be electrified.
B.
All yards used for the storage of any material needed for the operation
or conduct of a manufacturing or commercial enterprise shall be enclosed
by a solid wall, uniformly painted board fence or screen planting
on all sides which face upon a street or face upon a lot in a more
restricted zone.
C.
All fences and walls shall be located and constructed so that no
portion of the structure extends beyond the property line.
D.
No fence, wall or hedge shall obstruct the clear sight triangle requirements of this chapter, as defined in § 260-157, Obstruction to vision; visibility at intersections.
E.
No fence, wall, or structure shall be permitted or erected in a public
or private drainage, utility or access easement, unless otherwise
required by this chapter or other Borough ordinance. Any such fence
erected in violation of this section shall be removed or relocated
at the owner's expense.
F.
Engineered retaining walls necessary to hold back slopes are exempted
from the regulations of this section and are permitted by right as
needed in all zoning districts.
Each dwelling unit shall not have less than 650 square feet
of habitable floor area, except that efficiency units intended for
occupancy by not more than two persons shall have not less than 450
square feet of habitable floor space.
In any district, including a residential planned development
district, a building may be erected, altered or extended and land
may be developed which is arranged, intended or designed for municipal
uses, including firehouses of volunteer fire companies and municipal
recreation uses.
A.
A lot in a commercial or industrial district may include more than
one principal use and/or more than one principal building, provided
that every requirement is met for each use and each building. If differing
dimensional requirements apply for different uses on the lot, then
the most restrictive requirement shall apply.
(1)
For example, if use one requires a one-acre lot area and use
two on the same lot requires a two-acre lot area, then the lot shall
have a minimum lot area of two acres.
(2)
The lot may include a condominium form of ownership of individual
buildings, with a legally binding property owners' association, if
the applicant proves to the satisfaction of the Zoning Officer, based
upon review by the Borough Solicitor, that there will be appropriate
legal mechanisms in place and compliance with applicable state law.
B.
A lot within a residential district shall not include more than one
principal use and shall not include more than one principal building
unless specifically permitted by this chapter.
(1)
A manufactured/mobile home park, condominium residential development,
student housing development or apartment development may include more
than one principal building per lot, provided all other requirements
of this chapter are met.
(2)
A condominium form of ownership of individual dwelling units,
with a legally binding homeowners' or other association, may be established
if the applicant proves to the satisfaction of the Zoning Officer,
based upon review by Borough's Solicitor, that there will be appropriate
legal mechanisms in place and compliance with applicable state law.
(3)
Each principal building must be served by its own utilities.
A.
Walls, fences, signs or other structures shall not be erected or
altered and hedges, trees or other growth shall not be planted or
maintained which may cause danger to traffic on a street or road by
obstructing the view.
B.
In a clear sight triangle, no walk, fence, sign or other structure
shall be erected or altered, and no hedge, tree, shrub or other growth
shall be maintained or permitted between three feet and eight feet
above the street grade which may cause danger to traffic or a street
or public road by obscuring the view.
C.
Where two streets intersect, a clear sight triangle shall be required.
Each of the two shorter legs of the triangle shall be measured from
30 feet back from the point of intersection of the street cartways
(disregarding the curbed radius at the corner). These two legs shall
be connected by a third longer leg.
D.
Where a street intersects with an alley, a clear sight triangle shall
be established with one leg of the triangle 15 feet long along the
edge of the right-of-way of the street and one leg of the triangle
10 feet long along the center line of the alley, with the two legs
connected by a third longer leg.
E.
Where two alleys intersect, a clear sight triangle shall be established
with each leg of the triangle 10 feet long along the center line of
each alley, and with the two legs connected by a third longer leg.
A.
Middletown Borough requires safeguards to assure compliance with
the following environmental performance standards. When required,
the applicant shall demonstrate that adequate provisions will be made
to reduce and minimize any objectionable elements. Nothing in this
performance standard shall take precedence over any applicable current
state or federal law governing air management, wastewater management,
solid waste management or noise.
B.
Upon request of the Borough Zoning Officer or Planning Committee,
the owner shall furnish or obtain proof, at his own expense, that
the proposed use will comply with the following standards. A use or
activity shall not:
(1)
Constitute a nuisance or danger to human health and safety,
livestock or plants or any other property as a result of light flicker,
emission or dissemination of any fumes, smoke, odor or dust beyond
the property lot of the premises upon which such use or activity is
located.
(2)
Create any noise or vibration exceeding the average intensity
of noise or vibration occurring from other sources at the property
line.
(3)
Endanger any surrounding area by reason of fire or explosion.
(4)
Produce any objectionable heat or glare beyond the property
line.
(5)
Create any electrical disturbances or adversely affect the operation
of equipment located off the premises.
(6)
Discharge any dangerous or untreated effluent into any stream
or other body of water or otherwise contribute to the pollution of
surface or underground water.
(7)
Create an undesirable or dangerous traffic condition on the
street or in a nearby area or generate a nuisance to any nearby property
because of increased traffic.
(8)
Create any other objectionable condition which will endanger
public health and safety or be detrimental to the proper use of the
surrounding area.
C.
Outdoor lighting. Where light fixtures are installed to provide exterior
illumination, excluding overhead streetlighting and warning, emergency,
or traffic signals, the following restrictions shall apply. These
standards will only apply to nonresidential, apartment and single-family
attached or semiattached uses abutting residential uses.
(1)
All outdoor lighting, whether or not required by this chapter,
shall have intensities and uniformity ratios in accordance with the
current recommended practices of the Illuminating Engineering Society
of North America (IESNA) as contained in the IESNA Lighting Handbook.
(2)
All future amendments to the recommended practices of the IESNA
shall be made a part of the chapter without further action by Borough
Council.
(3)
Streetlighting fixtures, when required for safety considerations,
may be controlled by photocells for dusk to dawn operation.
(4)
The lighting from any luminary shall be shaded, shielded, or
directed to prevent direct light from being distributed onto adjacent
properties and/or surrounding areas. Unshielded lighting is not permitted,
except for temporary holiday lighting.
(5)
Lighting shall be designed so that glare or direct illumination
does not exceed one footcandle beyond the property line on which the
lighting originates.
(6)
Lighting on private, residential, commercial, industrial, municipal,
recreational or institutional property shall be aimed, located, designed,
fitted and maintained so as not to present a hazard to drivers or
pedestrians by impairing their ability to safely traverse (disabling
glare).
(7)
Pole-mounted lamps shall be placed directly above the area to
be illuminated and shielded at the top and sides, or positioned near
the perimeter of a property and aimed toward the area requiring illumination,
subject to applicable yard setback provisions.
(8)
Vegetation screens shall not be employed to serve as the primary
means for controlling glare. Rather, glare control shall be achieved
primarily through the use of such means as cutoff fixtures, shields
and baffles, and appropriate application of mounting height, wattage,
aiming angle, fixture placement, etc.
(9)
The installation or erection of any lighting which may be confused
with warning signals, emergency signals, or traffic signals, shall
not be permitted.
(10)
Lighting of parking lots shall be in accordance with this chapter.
(11)
Maintenance. Lighting fixtures shall be maintained so as to
always meet the requirements of this chapter.
(12)
Nonconforming lighting. Any lighting fixture existing on the
effective date of this chapter which does not conform with the requirements
of this chapter shall be considered a lawful, nonconforming lighting
fixture. A nonconforming lighting fixture shall be made to comply
with the requirements of this chapter when such fixture is replaced
or relocated.
A.
Keeping of pets is permitted by right as an accessory use in all
zoning districts.
B.
No use shall involve the keeping of animals or fowl in such a manner
or of such types of animals that it creates a serious nuisance (including
noise or odor), a health hazard or a public safety hazard. The owner
of the animals shall be responsible for collecting and properly disposing
of all fecal matter from pets. No dangerous animals shall be kept
outdoors in a residential district.
A.
The primary living and sleeping quarters of dwelling units shall
not be permitted in cellars or basements.
B.
The following uses are prohibited in all districts throughout the
municipality:
(1)
The incineration, reduction or storage of garbage, offal, animals,
fish or refuse unless by the authority of or under the supervision
of the Borough of Middletown.
(2)
Dumps and dumping of any kind, unless by the authority of or
under the supervision of the Borough of Middletown.
(3)
The stripping of topsoil for sale, exclusive of the process
of grading a lot preparatory to the construction of a building for
which a zoning permit has been issued.
C.
No use or activity shall be permitted which, by reason of noise,
dust, odor, appearance, smoke or other objectionable factor, creates
a nuisance, hazard or other adverse effect upon the value or reasonable
enjoyment of the surrounding properties.
A.
Public utility facilities shall be permitted in any district without
regard to the use and area regulations; provided, however, that buildings
or structures erected for these utilities shall be subject to the
following regulations:
B.
Front, side and rear yards shall be provided in accordance with the
regulations of the district in which the facility is located.
C.
The maximum permitted height shall be as regulated by the district
regulations.
D.
Unhoused equipment shall be enclosed by a chain link fence six feet
in height.
E.
Housed equipment. When the equipment is totally enclosed within a
building, no fence or screen planting shall be required, and the yards
shall be maintained in conformity with the district in which the facility
is located.
F.
Screen planting in residential districts. In the R-1, R-1A, R-2,
R-C and R-3 districts, the required fence for unhoused equipment shall
be surrounded by an evergreen planting as approved by the Planning
Committee.
G.
The external design of the building shall be compatible with the
buildings in the district.
A.
Satellite dish antennas are subject to all accessory use standards,
except as provided herein this section.
B.
All wiring for ground-based antennas shall be underground.
C.
Every satellite antenna shall be adequately grounded for protection
against a direct strike of lightning.
D.
Any satellite dish antenna located within the R-1, R-1A, R-2, R-3
and C-2 zoning districts shall be used only to receive signals, not
to transit them and shall be subject to the following criteria:
(1)
Only one satellite dish antenna shall be permitted per unit
of occupancy.
(2)
In a residential district or the C-2 district, a satellite dish
antenna or satellite antenna shall not be located within the required
front yard nor on front facades of buildings.
(3)
The maximum diameter of any satellite dish installed on any
lot, building or structure shall not exceed three feet.
(4)
The height of the proposed installation does not exceed the
maximum height restriction imposed upon primary and accessory uses
within the district.
(5)
All applications must include certification by a registered
engineer that the proposed installation complies with all applicable
Building Code standards. Furthermore, written documentation of such
compliance, including load distributions within the building's support
structure, shall be furnished.
(6)
A satellite dish antenna shall not project above the peak of
a roof, and if said satellite dish antenna is roof-mounted, no point
of the satellite dish antenna shall be greater than three feet from
the roof's surface. A satellite dish antenna shall be permitted to
be mounted on a flat roof so long as the satellite dish projects less
than three feet from the roof surface and is mounted in an inconspicuous
location.
(7)
Ground-mounted satellite dish antennas shall not be permitted
to be located in required front or side yards.
E.
Any satellite dish located within the C-1 and M-1 zoning districts
shall be subject to the following criteria:
(1)
All ground-mounted satellite dishes shall be completely enclosed
by an eight-foot-high nonclimbable fence that includes signage warning
of dangerous radiation levels. Any gates within the fence shall be
locked when unattended.
(2)
Ground-based satellite antennas shall be placed only in the
side or rear yard. No antenna shall be placed in the front yard.
(3)
Satellite dish antennas must be set back from the side and rear
property lines a minimum distance equal to the height of the satellite
earth station, but the setback shall in no case be less than 10 feet.
(4)
The maximum height of a station being limited to 14 feet. Height
of the apparatus shall include all poles, supports and related apparatus
and shall be measured vertically from the ground to the maximum point
when positioned for operation.
Solar collectors and solar-related equipment shall be permitted
in any zoning district as an accessory use to a building or as a detached
accessory structure and may be installed upon receipt of the necessary
construction, electrical and/or mechanical permit(s).
A.
No solar energy system or equipment shall be permitted to be located
between the principal building and the public street (excluding alleys)
or within any required front yard area.
C.
There shall be no commercial use of solar energy collectors, except
in the M-1 Manufacturing District as noted below. Solar energy collectors
shall be subject to the following conditions:
(1)
Solar energy collectors shall not generate in excess of 125%
of the estimated need of the principal use of the property.
(2)
The solar energy collectors shall be connected to the public
utility grid. Energy generated in excess of the requirements of the
principal use of the property may be purchased or acquired by a public
utility in accordance with the law or other government regulations.
(3)
The area of any residential solar collection system shall not
exceed 500 square feet cumulatively. In the M-1 district, the cumulative
area of the solar energy system shall be considered as building coverage.
(4)
A roof-mounted solar collector shall not extend beyond the existing
overhangs of the structure to which it is attached.
(5)
A roof-mounted solar energy system shall conform to the height
regulations of the zoning district where the solar energy system is
installed.
(6)
No point on a ground-mounted solar collector or its support
structure shall exceed a height of 15 feet.
(7)
All exterior electrical and/or plumbing lines on a ground-mounted
system must be buried below the surface of the ground and be placed
in a conduit.
(8)
Ground-mounted solar collectors shall comply with the setback
requirements of the underlying zoning district.
(9)
Nonfunctioning solar energy collectors shall be repaired or
replaced within three months of becoming nonfunctional.
D.
A solar energy collection system shall be located to ensure solar
access without reliance on adjacent properties.
(1)
Where necessary to ensure that solar access is not obstructed
over time by permissible uses on adjacent properties (i.e., planting
and growth of landscape vegetation or new construction), it shall
be the responsibility of the owner of the solar energy collector to
obtain appropriate solar access easements from the neighboring property
owner(s).
(2)
It shall be the responsibility of the owner of the solar energy
collector to notify the Borough upon the recording of the solar access
easement and to record such easement in the Dauphin County Recorder
of Deeds.
E.
No person shall install any solar energy system for a building or
structure, either residential or commercial, within the Borough without
first obtaining a permit from the Borough.
F.
The design of the solar energy system shall conform to applicable
industry standards.
[Amended 4-20-2015 by Ord. No. 1314, approved 4-20-2015]
The temporary storage of portable dumpsters and bulk materials,
including, but not limited to, stone, mulch, firewood, and building
materials within the public right-of-way shall be prohibited.
A.
The construction of all outdoor swimming pools designed to contain
a water depth of 24 inches or more, including structure, filtration
and drainage systems and all safety equipment, shall require a building
permit and meet the specifications of the Borough or Engineer of the
Borough.
B.
A single private outdoor swimming pool per dwelling is permitted
as an accessory use of a residential structure, provided that such
pool is for the private use of the residents of the dwelling unit
or for their guests.
C.
No pool shall be located in any required front yard or located closer
than 10 feet from any property line.
D.
Every pool shall be completely enclosed by a fence or wall not less
than four feet in height.
(1)
Every entryway in such fence or wall shall be closed by a self-closing,
self-latching gate. Such gates shall be maintained in good repair
and be fully functional and shall be in use at all times the pool
contains water.
(2)
Such fences or walls and gates shall be located and constructed
so that no portion of the structure extends beyond the property line
of the lot on which located.
(3)
Such fence or wall shall be erected before any pool is filled
with water.
E.
Whenever the water in a pool is provided or replenished from a public
water supply system, the hose or pipe connected to the public water
system shall be located at a physical height greater than the overflow
level of the pool. Water discharged from the public system to the
pool must pass through the air. At no time shall a hose or pipe connected
to the public water system be located at or below the surface of the
water in a pool.
F.
Water may not be discharged from a swimming pool directly onto adjacent
properties or rights-of-way.
G.
No permanent pool structure shall be located over an on-lot septic
system, drain field, utility, or access easement.
A.
Front yards.
(1)
Front
yard setback exception. In any district within a block containing
a lot proposed for construction or expansion of a building, where
50% or more of the improved lots on such block frontage on one side
of a street currently have front yards of less depth than is currently
required for that district, and where the clear majority of such lots
are already developed, then the building line of the majority of the
buildings on that side of the block may be used.
B.
Side yards.
(1)
Extension of any primary building and detached accessory building that is nonconforming with respect to the required side yard setback shall comply with § 260-212E(5).
(2)
The minimum residential driveway setback shall be three feet
from the side lot line, which shall be maintained as vegetation, with
the exception of shared driveways for single-family semidetached units
or single-family attached units (townhouses), in which case the driveway
may extend over the common property line of the attached or semidetached
units. A maintenance agreement shall be required between property
owners for the shared driveway.
C.
Extensions into required yards. Structures may extend into the minimum
required yards, as herein specified:
D.
In a commercial or manufacturing district, merchandise may be displayed
in the yard space in accordance with the following regulations:
(1)
In side or rear yards not abutting streets or alleys: not closer
to the side or rear lot line than three feet.
(2)
In side or rear yards abutting alleys: not closer to the right-of-way
of the alleys than five feet.
(3)
In front yards not abutting streets or alleys on the side lot
lines: not closer to the side lot lines than three feet; setback from
the front lot line is not required.
(4)
In front yards not abutting alleys on the side lot lines: not
closer to the side lot lines than five feet; setback from the front
lot line is not required.
(5)
Merchandise displayed in front, side or rear yards abutting
lots in more restricted districts shall be enclosed by a solid wall,
uniformly painted board fence or screen planting.
In all residential districts, no dwelling unit may be established
on any street having less than a twenty-foot cartway.
[Added 4-20-2015 by Ord.
No. 1314, approved 4-20-2015]
A.
Any permanent closure, pursuant to Pennsylvania Department of Environmental
Protection regulations, of an aboveground or underground petroleum
or petroleum derivative storage tank or tank system shall include
the removal of the tank or tank system in its entirety, including
all associated pipes, and further, including tank(s) discovered by
chance during removal. All aboveground or underground petroleum or
petroleum derivative storage tanks or tank systems to which Pennsylvania
Department of Environmental Protection regulations do not apply shall
be removed in their entirety, including all associated pipes, and
further, including tank(s) discovered by chance during removal, upon
a cessation of use of the tank or tank system. A period of six months
of continuous nonuse of the tank or tank system shall presumptively
constitute cessation of use.
B.
Removal of out-of-service storage tanks shall be in compliance with
all applicable requirements of the Pennsylvania Department of Environmental
Protection and local Fire Marshal, including, without limitation,
notifying the Pennsylvania Department of Environmental Protection,
where applicable, and the Fire Marshal of the intent to remove a minimum
of 30 days prior to undertaking any activity to disturb or move the
tank or tank system.
C.
Any disputes concerning location of an existing tank or tank system
that may straddle a property line shall be resolved by the two abutting
property owners and not by the Borough.
D.
All costs or responsibilities associated with complying with this
chapter shall be the full responsibility of the owner(s) of the storage
tank(s) or tank system(s) and property, not the Borough, regardless
of the tank location on site, whether within public right-of-way,
easement or inside structure, unless any law of the Commonwealth of
Pennsylvania preempts this provision. Disputes over these costs shall
not delay removal and shall not involve the Borough.
E.
All disturbed areas within a public right-of-way shall be returned
to meet or exceed their original predisturbed condition. Surety in
the form of a certified check, bond or letter of credit, in a form
acceptable to the Borough, may be required for any disturbance occurring
within a public right-of-way. Removal of any tank or associated piping
located within a public right-of-way, as well as restoration of any
disturbed area of a public right-of-way, shall require written approval
from the Borough Engineer, the Pennsylvania Department of Environmental
Protection, if applicable, and the Fire Marshal.
F.
The owner of the tank or tank system shall provide sufficient evidence
to the Borough proving that the tank and tank system has not released
products which have resulted in or which could result in the contamination
of the surface water or groundwater. At a minimum, such evidence shall
include any testing or documentation required by the Pennsylvania
Department of Environmental Protection.
G.
Abandonment or closure-in-place of tanks and tank systems is prohibited
unless removal is physically not possible. The physical impossibility
of removal must be determined and approved, in writing, by the Pennsylvania
Department of Environmental Protection, where applicable, and the
Fire Marshal.
H.
In the case of tanks or tank systems subject to Pennsylvania Department
of Environmental Protection regulation, the removal required under
this section of this chapter shall be completed within 60 days of
written certification from the Pennsylvania Department of Environmental
Protection that the tank and tank system are empty, clean, secure
and that there is no spillage to be remediated. In the case of tanks
or tank systems not subject to Pennsylvania Department of Environmental
Protection regulation, the removal required under this section of
this chapter shall be completed within 60 days of the cessation of
use of the tanks or tank systems. The Borough, upon written request,
and in its sole discretion, may permit an additional thirty-day period
or periods for the removal of the tanks or tank systems to be completed
in either of the above cases, but only if doing so is in compliance
with applicable Commonwealth of Pennsylvania requirements and is approved
by the Fire Marshal.
