[Ord. 1968, 9/8/2003, § 500; as amended by Ord.
2042, 8/13/2007]
1.
Two or more permitted uses shall not be permitted on one lot unless
subdivision or land development approval is secured, unless these
uses are unified and form one overall use conforming to the regulations
of the district where it is located.
2.
No lot shall have erected upon it two or more principal buildings
unless permitted otherwise by this Chapter.
3.
Any truck, trailer, compressor, or other piece of equipment used
in connection with a commercial or manufacturing use, assuming the
use is legal or is legally nonconforming, shall be considered an extension
of that use when:
A.
It is actually in use in performing some legitimate service at the
site at which it is parked.
B.
It is being used in connection with on-going construction or similar
work at the site.
C.
It is a motor vehicle under 20 feet in length and 5,000 pounds in
weight and is being used as a private vehicle, even if equipment is
attached to it or carried on it.
D.
The truck or trailer is parked on the lot of the legal or legally
nonconforming use.
E.
The truck or trailer is parked on the street adjacent to the legal
or legally nonconforming use.
F.
It is parked within a completely enclosed garage.
4.
No more than two boats, recreational vehicles, or similar vehicles
may be parked on one lot in any zoning district. The only exception
to this limit is for a sales and service center for such vehicles
or a commercial storage business for such vehicles.
5.
In no case shall any street or alley in the Borough be used for automobile
repair or any other use other than public passage unless authorized
by ordinance, license, or act of Borough Council.
6.
Temporary buildings and structures for uses incidental to construction
work shall be permitted, provided such buildings are removed promptly
upon completion or abandonment of the construction work.
7.
All fences in the Flex Office, Highway Business, and Heavy Manufacturing
Districts shall conform to the following:
A.
Fences shall be made of durable materials which shall be maintained
in good condition. Fences shall be constructed and maintained so that
the most aesthetic side shall face the exterior of the property. The
requirement that the most aesthetic side shall face the exterior of
the property shall not be applicable where fences are located upon
abutting or contiguous private property lines.
B.
A fence separating a wholly nonresidential use from any other wholly
nonresidential use may not exceed 10 feet in height.
C.
In the Highway Business and Flex Office Districts, no front yard
fence may exceed four feet in height.
D.
No fence shall be electrified or otherwise present a hazard to the
public. Barbs and concertina wire shall be permitted in nonresidential
districts only, seven feet in height and above.
8.
Necessary or traditional accessory structures or architectural or
structural features shall be exempted from applicable height regulations
to the extent necessary. This exemption shall apply to spires, smokestacks,
antennae, parapets, and the like.
9.
All lots shall have frontage on a public street or a private street
built to Borough-approved standards.
10.
The
placement of vending machines on any residentially used property as
an accessory use is prohibited in all zoning districts.
[Added by Ord. 2085, 9/12/2011]
11.
Yard
sales located on and associated with residentially used properties
(including the adjacent sidewalks) shall be prohibited in the following
zoning districts: Downtown (D), Gateway East (GE), and Gateway West
(GW).
[Added by Ord. 2085, 9/12/2011]
[Ord. 1968, 9/8/2003, § 501]
1.
Any use not permitted, specifically or by implication, in a zoning
district in this Chapter is prohibited specifically in that zoning
district. The following uses and activities are specifically prohibited
in any zoning district in the Borough:
A.
Residential structures without permanent foundations or without permanent
connections to utilities.
B.
Mobile homes other than those permitted within approved mobile home
parks. A mobile home affixed permanently to a permanent foundation
(that is to say the home cannot be removed from the foundation simply
by unbolting, utility disconnection, and the severing of stabilizing
attachments) and is connected to required utilities, no longer shall
be classified a mobile home but shall be considered a conventional
structure.
C.
The showing or presenting of lewd material or entertainment in an
outdoor setting or theatre.
D.
Any depository for dead animals or any facility for animal slaughtering
or rendering.
E.
The tanning of hides.
F.
Any facility designed or used for the purpose of raising or maintaining
animals, including fowl, to be used for food.
G.
The use of any land for the storage of:
(1)
Motor vehicles not fully operable or not having current inspection
and registration stickers.
(2)
Vehicle parts, machinery or parts thereof.
(3)
Scrap metals, wood, furniture, paper, rags, or any discarded
material whatsoever unless a valid permit has been issued for it.
This shall not include trash deposited in Borough approved containers
and awaiting pickup for no more than one week.
[Ord. 1968, 9/8/2003, § 502]
All uses allowed in the Conservation and Gateway Districts shall
be managed so as not to cause an unacceptable level of:
[Ord. 2064, 7/13/2009, § 2; as amended by Ord.
2085, 9/12/2011]
1.
Purpose.
The purpose of this Section is to provide standards for the use of
solar energy equipment as accessory uses within the Borough of Pottstown.
This Section seeks to protect properties from incompatible uses and
to conserve and enhance property values, while promoting the use of
alternative energy sources, where appropriate. This Section provides
a process to facilitate the use of solar power in a manner that minimizes
visual impacts of solar energy equipment and the potential for nuisance,
in residentially zoned and mixed use areas in the Borough.
2.
Definition.
Solar energy equipment is defined as a solar photovoltaic panel, solar
hot air or hot water panel collector device, or other type of energy
system which relies upon solar radiation as a source for the generation
of electricity or transfer of stored heat.
3.
Accessory
Use. Solar energy equipment shall be permitted as an accessory use
in any zoning district upon receipt of a permit from the Zoning Officer.
4.
Application
for Zoning Permit. An applicant who seeks to install solar energy
equipment shall submit an application for a zoning permit, as provided
by the Borough. The application shall include photographs of the existing
conditions of the property as well as renderings of the proposed solar
energy equipment, a description of the screening to be provided for
ground or wall-mounted solar energy equipment, an electrical permit
and manufacturers specifications.
5.
Review
of Application. Upon receipt of a completed application for the installation
of solar energy equipment, the Zoning Officer shall review the application
and determine if a proposal meets the guidelines set forth in this
Chapter, and if so, the Zoning Officer shall approve the application.
The Zoning Officer shall have the authority to impose reasonable conditions
to safeguard the public health, safety and welfare.
6.
Criteria
for the Use of Solar Energy Equipment in All Districts.
A.
General.
(1)
Solar
energy equipment shall be located in the least visibly obtrusive location
where panels would be functional.
(2)
Solar
energy equipment must comply with all setback and height requirements
for the zoning district in which the property is located.
(3)
Nonfunctioning
solar energy equipment shall be repaired or replaced within three
months of becoming nonfunctional.
(4)
Solar
energy systems shall be designed and located in order to prevent reflective
glare toward any inhabited structure on adjacent properties, as well
adjacent street rights-of-way.
(5)
An
applicant shall locate a solar energy system so that tree removal
is not required to the extent practical. Any trees to be removed shall
be accompanied by a plan demonstrating the need to remove trees and
replacement of the trees.
B.
Ground-Mounted
Solar Energy Equipment.
(1)
Solar
energy equipment shall only be located in the side or rear yard of
a property.
(2)
Ground-mounted
solar energy equipment may not exceed a height of 10 feet in height
above the ground.
(3)
Solar
energy equipment must be substantially screened from public view (including
adjacent properties and public rights-of-way) by fencing, plantings,
or a combination thereof, as determined by the Zoning Officer.
(4)
All
exterior electrical and/or plumbing lines must be in placed in a conduit
and buried below the surface of the ground.
(5)
Solar
energy equipment shall not block any required parking areas, sidewalks
or walkways.
C.
Roof-
or Wall-Mounted Solar Energy Equipment.
(1)
It
is encouraged that roof-mounted solar energy equipment shall be installed
in the plane of the roof (flush mounted) or made a part of the roof
design (capping or framing is compatible with the color of the roof
or structure). Mounting brackets shall be permitted if the applicant
can demonstrate that the existing pitch of the roof would render the
solar energy equipment ineffective or would be impossible.
(2)
Solar
energy equipment shall be located on a rear or side facing roof, as
seen from the fronting street, unless the applicant can demonstrate
that such installation would be ineffective or is impossible.
(3)
Solar
energy equipment shall not project vertically above the peak of the
roof to which it is attached, or project vertically more than five
feet above a flat roof.
(4)
All
exterior electrical and/or plumbing lines must be painted in a color
scheme that matches as closely as reasonably possible the color of
the structure and the materials adjacent to the lines.
7.
In the event of a conflict between this Section and the provisions of Chapter 23 of the then-current version of the International Residential Code (IRC), the International Mechanical Code (IMC), and the National Electric Code (NEC) (hereinafter collectively referred to as "applicable codes"), then the applicable codes shall supersede this Section.
[Ord. 2142, 11/9/2015]
1.
Home occupations, as defined by this chapter, shall be permitted
in all zoning districts. No-impact home occupations shall be permitted
as of right. Major home occupations shall be permitted as a conditional
use in all districts. The following types of conduct would be considered
evidence of a home occupation within the Borough:
A.
Use of any sign, circular, card, brochure, telephone book, magazine,
newspaper, website, or any electronic media or other publication to
advertise; or
B.
By any other means representing that the person is in business in
the Borough; or
C.
Holding an active license or permit issued by a governmental agency
indicating that the person is in business in the Borough.
2.
No-impact home occupations shall be permitted as an accessory use
if the home occupation satisfies the following requirements:
A.
It shall be compatible with the residential use of the property and
surrounding residential uses.
B.
The exterior appearance of the structure or premises must be maintained
as a residential property.
C.
No exterior evidence of the activity in the form of lighting or the
display, inventorying, or stockpiling of goods shall be visible.
D.
No retail sales shall be conducted, with the exception of telephone
and/or Internet solicitations and those products of the home occupation
or items deemed accessory to or directly associated with the home
occupation.
E.
The principal practitioner of the home occupation must be a resident
of the dwelling unit.
F.
No more than one person not residing in the dwelling shall be employed
at any given time by the practitioner of the home occupation.
G.
Any activity may be conducted only within the principal dwelling
unit and may not occupy more than 25% of the habitable floor area
of the dwelling unit or 500 square feet, whichever is less.
H.
The activity shall not require the delivery of materials and goods
by a truck larger than standard panel trucks equipped with no more
than one rear axle.
I.
Manufacturing, repairing, or other mechanical work shall only be
performed indoors.
J.
Noise, dust, smoke, heat, radiation, hazardous substances, vibration,
glare, fumes, odor, or electrical or electronic interference, including
Wi-Fi, radio or television reception that is detectable in the neighborhood
shall be prohibited.
K.
The activity may not generate any solid waste or sewage discharge
in volume or type that is not normally associated with residential
use in the neighborhood.
L.
No customer or client traffic, whether vehicular or pedestrian, and
no pickup, delivery or removal functions to or from the premises,
shall be in excess of those normally associated with residential use.
M.
A resident practitioner shall demonstrate that adequate off-street
parking exists for both the home occupation and the dwelling unit.
N.
There shall be no more than one home occupation per dwelling unit.
O.
The dwelling unit in which a home occupation is conducted shall have
its own direct access to ground level.
P.
There shall be no illegal activity.
3.
Major-impact home occupations shall be required to substantially
meet all of the requirements for no-impact home occupations. In addition,
the following additional and alternative requirements/restrictions
shall be required and presented to the Borough Council as part of
the conditional use hearing:
A.
If the resident conducting the major home occupation is a tenant
and not the owner of the property, the owner of the property shall
be a party to the application for conditional use approval.
B.
Such occupation may be located only within a single-family detached
dwelling or within an accessory building located on the same lot as
a single-family detached dwelling.
C.
Such occupation may be conducted, in whole or in part, within an
accessory building on the property. The total floor devoted to the
major home occupation shall not exceed 25% of the floor area of the
single-family detached dwelling or 600 feet, whichever is less.
D.
The Borough Council may, as a condition of approval, require buffering
or screening treatment along specific property lines where it determines
the proposed conditional use will create off-site impacts in the form
of noise, glare, proximity of use or associated parking area to neighboring
properties, or other conditions directly related to public health,
safety and welfare.
E.
In no case shall a major home occupation be permitted on a lot with
a gross lot area less than 15,000 square feet.
F.
In addition, as part of the conditional use approval process, the
applicant shall document, and the Borough Council shall specifically
evaluate, the amount of customer, client and/or patient traffic anticipated
to be generated by the proposed home occupation use. The level of
such traffic may be greater than that associated with no-impact home
occupation but will not exceed an amount that, as determined by the
Borough Council, will disrupt the residential character of the neighborhood
in which the property is located.
4.
Registration/Permitting.
A.
All home occupations shall register with the Department of Licensing
and Inspections within six months of the effective date of this section.
A failure to register, as required, shall be deemed an abandonment
of any right to operate a nonconforming home occupation regardless
of actual intent. Thereafter, any such home occupation will be required
to obtain a permit and be treated as though it were a newly created
home occupation.
B.
No home occupation shall be established or maintained unless a permit
is obtained from the Department of Licensing and Inspections.
(1)
An application for a permit shall, at minimum, include the name,
location, exact nature or kind of business for which the permit is
being requested, and a copy of fictitious name registration or certificate
of incorporation/organization as applicable.
(2)
The fee for obtaining a permit shall be established by resolution
of the Borough Council from time to time.
(3)
The Department of Licensing and Inspections shall revoke any
home occupation permit for noncompliance with this section.
(4)
The Department of Licensing and Inspections is hereby empowered
to make rules and regulations consistent with the provisions of this
section.
5.
Impermissible Home Occupations. Under no circumstances shall any
of the following be considered home occupations: operation of a clinic,
hospital, rooming house, restaurant, motel, hotel, animal hospital,
boarding kennel, breeding kennel, rescue network kennel, mortuary,
vehicle or boat repair or painting shop, construction equipment or
material storage, equipment or vehicle rental, furniture sales, eating
services, plumbing services, air-conditioning services, laboratory
or taxidermy shop, private club, bar or restaurant, antique shops
or any similar use.
[Added by Ord. 2165, 6/12/2017]
1.
Intent. The purpose of these zoning regulations is to:
A.
Establish uniform standards for the siting, design, permitting, maintenance,
and use of wireless telecommunications facilities on wireless support
structures, as well as the siting, design, permitting, maintenance,
and use of wireless towers, in the Borough.
B.
Promote the health, safety, and welfare of Borough residents and
businesses with respect to the use of wireless telecommunications
facilities and wireless support structures.
C.
Provide for the managed development of wireless telecommunications
facilities in a manner to provide adequate wireless telecommunications
services within the Borough in accordance with federal and state laws
and regulations.
D.
Establish procedures for the design, siting, construction, installation,
maintenance, and removal of wireless telecommunications facilities
in the Borough, as well as the siting, design, permitting, maintenance,
and use of wireless towers in the Borough, both inside and outside
the right-of-way.
E.
Address new wireless technologies, including, but not limited to,
distributed antenna systems, data collection units, cable Wi-Fi, and
other wireless telecommunications facilities.
F.
Encourage the co-location of wireless telecommunications facilities
on existing wireless support structures rather than the construction
of wireless towers or through the conversion of structures to wireless
support structures.
G.
Protect Borough residents from potential adverse impacts of wireless
telecommunications facilities on wireless support structures and preserve,
to the extent permitted under law, the visual character of established
communities and the natural beauty of the landscape.
H.
Update the Borough's wireless telecommunications facilities and wireless
support structure regulations to incorporate changes in federal and
state laws and regulations.
2.
ACCESSORY EQUIPMENT
ANTENNA
CO-LOCATION
FCC
MODIFICATION
MUNICIPAL FACILITY
ROW
SITE
STEALTH TECHNOLOGY
SUBSTANTIAL CHANGE/SUBSTANTIALLY CHANGE
A.
B.
C.
D.
TELECOMMUNICATIONS TRANSMISSION EQUIPMENT
Definitions. The following definitions shall apply to this section:
Any equipment serving or being used in conjunction with an
antenna. The term includes, but is not limited to, utility and transmission
equipment, power supplies, generators, batteries, cables, equipment
buildings, cabinets and storage sheds, shelters, or similar equipment.
Telecommunications equipment which transmits and receives
wireless signals used in the provision of all types of wireless communications
services.
The placement or installation of wireless telecommunications
facilities on an existing wireless support structure.
The Federal Communications Commission.
The improvement, upgrade, expansion, or replacement of an
existing wireless communications facility on a wireless support structure,
if the improvement, upgrade, expansion, or replacement does not substantially
change the physical dimensions of the wireless support structure.
A facility operated by the Borough of Pottstown, an authority
established by the Borough of Pottstown, or a nonprofit fire company
contracted with the Borough of Pottstown to provide fire services.
The right-of-way.
For wireless towers other than wireless towers in the ROW,
the current boundaries of the leased or owned property surrounding
the wireless tower and any access or utility easements currently related
to the site; and for other wireless support structures, further restricted
to that area in proximity to the structure and any telecommunications
transmission equipment already deployed on the ground.
State-of-the-art design techniques used to blend objects
into the surrounding environment and to minimize the visual impact
as much as possible. These design techniques are applied to wireless
towers and wireless communications facilities which blend the proposed
wireless tower and/or wireless communications facility. Such methods
include, but are not limited to, architecturally screened roof-mounted
antennas, building-mounted antennas painted to match the existing
structure, and facilities constructed to resemble trees, shrubs, light
poles, utility poles, or flagpoles.
A modification substantially changes the physical dimensions
of a wireless support structure if it meets any of the following criteria:
For wireless towers other than those in the ROW, the modification
increases the original height of the tower by more than 10% or by
the height of one additional antenna with separation from the nearest
existing antenna not to exceed 20 feet, whichever is greater; for
other wireless support structures, the modification increases the
original height of the supporting structure by more than 10% or more
than 10 feet, whichever is greater. Changes in height should be measured
from the original support structure in cases where deployments are
or will be separated horizontally, such as on buildings' rooftops;
in other circumstances, changes in height should be measured from
the dimensions of the supporting structure inclusive of originally
approved appurtenances and any modifications that were approved prior
to the passage of the Spectrum Act.
For wireless towers other than those in the ROW, the modification
involves adding an appurtenance to the body of the tower that would
protrude from the edge of the tower more than 20 feet, or more than
the width of the tower at the level of the appurtenance, whichever
is greater; for other supporting structures, it involves adding an
appurtenance to the body of the structure that would protrude from
the edge of the structure by more than six feet.
For any wireless support structure, the modification involves
the installation of more than the standard number of new equipment
cabinets for the technology involved, but not to exceed four cabinets;
or the installation of any new equipment cabinets on the ground if
there are no preexisting ground cabinets associated with the structure,
or else the installation of ground cabinets that are more than 10%
larger in height or overall volume than any other ground cabinets
associated with the structure.
The modification entails any excavation or deployment outside
the current site.
Any set of equipment and network components, including antennas,
transmitters, receivers, base stations, cabling, and accessory equipment,
that facilitates transmission for any Federal Communications Commission-licensed
or authorized wireless communications service, including, but not
limited to, private and broadcast services, as well as unlicensed
wireless services and fixed wireless services such as a microwave
backhaul. Telecommunications transmission equipment shall not include
public safety services, private residence-mounted satellite dishes,
television antennas, or amateur radio equipment, including, but not
limited to, ham or citizens band radio antennas.
4.
General Regulations.
A.
Standard of Care. Any wireless telecommunications facility and/or
wireless tower shall be designed, constructed, operated, maintained,
repaired, modified, and removed in strict compliance with all current
applicable technical, safety, and safety-related codes, including,
but not limited to, the most-recent editions of the American National
Standards Institute (ANSI) Code, National Electrical Safety Code,
National Electrical Code, as well as the accepted and responsible
workmanlike industry practices of the National Association of Tower
Erectors, if applicable. Any wireless telecommunications facility
and/or wireless tower shall at all times be kept and maintained in
good condition, order, and repair by qualified maintenance and construction
personnel, so that the same shall not endanger the life of any person
or any property within the Borough.
B.
Wind. All wireless towers shall be designed to withstand the effects
of wind according to the standard designed by the American National
Standards Institute (ANSI).
C.
Public Safety Communications. No wireless telecommunications facility
shall interfere with public safety communications or the reception
of broadband, television, radio or other communication services enjoyed
by occupants of nearby properties.
D.
Radio Frequency Emissions. No wireless telecommunications facility
may, by itself or in conjunction with other wireless telecommunications
facilities, generate radio frequency emissions in excess of the standards
and regulations of the FCC.
E.
Timing of Approval. Within 30 calendar days of the date that an application
for a wireless telecommunications facility and/or wireless tower is
filed with the Borough, the Borough shall notify the applicant, in
writing, of any information required to complete the application.
(1)
All applications for a new wireless tower shall be acted upon
within 150 calendar days of the receipt of a fully completed application,
and the Borough shall advise the applicant, in writing, of its decision.
If additional information was requested by the Borough to complete
the application, the time required by the applicant to provide the
information shall not be counted toward the Borough's one-hundred-fifty-day
review period.
(2)
All applications for the modification, replacement, or co-location
of a wireless telecommunications facility shall be acted upon within
90 calendar days of receipt of a fully completed application, and
the Borough shall advise the applicant, in writing, of its decision.
If additional information was requested by the Borough to complete
the application, the time required by the applicant to provide the
information shall not be counted toward the Borough's ninety-day review
period.
F.
Permit Fees. The Borough may assess appropriate and reasonable permit
fees directly related to the Borough's actual costs in reviewing and
processing the application for approval of a wireless telecommunications
facility and/or any wireless tower, as well as related inspection,
monitoring and related costs. Such permit fees shall be determined
by the Borough and authorized by resolution of the Council and shall
be based on the Borough's actual costs as applied to such wireless
telecommunications facility and any associated wireless support structure.
G.
Maintenance. The following maintenance requirements shall apply:
(1)
All wireless telecommunications facilities and/or wireless towers
shall be fully automated and unattended on a daily basis and shall
be visited only for maintenance or emergency repair.
(2)
All required maintenance shall be performed to ensure the upkeep
of the facility in order to promote the safety and security of the
Borough's residents, and all maintenance activities shall utilize
the best available technology for preventing failures and accidents.
H.
Aviation Safety. All wireless communications facilities and/or wireless
towers shall comply with federal and state laws and regulations concerning
aviation safety. The applicant shall provide certification from the
Federal Aviation Administration demonstrating that the proposed wireless
communications facility and/or wireless tower will not impact the
operations of the Pottstown Municipal Airport, including, but not
limited to, the departure path of aircraft arriving or departing from
the airport.
I.
Insurance. The applicant shall provide a certificate of insurance
issued to the owner/operators of the wireless communications facility
and/or wireless tower evidencing that there is adequate liability
insurance in effect. The applicant shall maintain adequate liability
insurance until the removal of the wireless telecommunications facility
and/or tower; and, at any time, upon demand from the Borough, the
owner of the wireless telecommunications facility or wireless tower
shall produce a certificate of insurance demonstrating continued and
current adequate liability insurance.
J.
Engineer Signature. All plans and drawings relevant to the regulations
contained in this chapter shall contain a seal and signature of a
professional engineer, licensed in the Commonwealth of Pennsylvania.
5.
Specific Requirements for Wireless Towers.
A.
Height.
(1)
All new wireless towers shall be designed at the minimum functional
height. All new wireless towers, including any antennas and equipment,
shall not exceed a maximum total height of 150 feet. All applicants
must submit documentation to the Borough justifying the total height
of the tower, including any antennas and equipment.
(2)
Any height extensions to existing wireless towers shall require
prior approval of the Borough and shall not increase the overall height
of the wireless support structure by more than 30 feet and shall not
cause the existing structure to exceed the total maximum height limit
of 150 feet.
(3)
The height of the wireless tower shall be the vertical distance
measured from the base of the wireless tower at grade to the highest
point of the structure, which shall include all telecommunications
transmission equipment. If the wireless tower is on a sloped grade,
then the average between the highest and lowest grades shall be used
in calculating the height of the wireless tower, as provided herein,
to constitute the height of the wireless tower.
B.
Identification. Posted on all new wireless towers shall be a notice
in a readily visible location identifying the name and phone number
of a party to contact in the event of an emergency, subject to approval
by the Borough.
C.
Painting and Lighting. All new wireless towers shall be painted with
a rust-preventive paint of an appropriate color to harmonize with
the surroundings. Wireless towers shall not be artificially lighted,
except as required by law.
D.
Noise. All new wireless towers shall be operated and maintained so
as not to produce noise in excess of applicable noise standards under
state law and the Borough Code, except in emergency situations requiring
the use of a backup generator, where such noise standards may be exceeded
only temporarily.
E.
Nonconforming Uses. Nonconforming wireless towers that are hereafter
damaged or destroyed due to any reason or cause may be repaired and
restored at their former location but must otherwise comply with the
terms and conditions of this section.
F.
FCC License. Each person that owns or operates a wireless tower shall
submit a copy of its current FCC license, including the name, address,
and emergency telephone number for the operator of the facility.
G.
Co-location.
(1)
An application for a new wireless tower outside the ROW shall
not be approved unless the applicant demonstrates that the wireless
telecommunications equipment planned for the proposed wireless tower
cannot be accommodated on an existing or approved structure or building.
Any application for approval of a new wireless tower outside the ROW
shall include a comprehensive inventory of all existing towers and
other wireless support structures within a two-mile radius from the
point of the proposed wireless tower and a propagation study evidencing
the need for the wireless tower.
(2)
An application for a new wireless tower in the ROW shall not
be approved unless the Borough finds that any associated wireless
communications system cannot be accommodated on an existing wireless
support structure. Any application for approval of a new wireless
tower in the ROW shall include a comprehensive inventory of all existing
towers and other wireless support structures within a one-mile radius
from the point of the proposed tower and a propagation study evidencing
the need for the wireless tower.
H.
Full Site Plan. A full site plan which depicts the applicant's satisfaction of all requirements contained within this section, as well as all other applicable items required in Chapter 22, Subdivision and Land Development, of the Pottstown Borough Code of Ordinances, as amended, shall be submitted to the Borough Engineer for approval prior to the issuance of any permit.
I.
Stealth Technology. Any new wireless tower shall employ the most-current
stealth technology available in an effort to appropriately blend into
the surrounding environment and minimize aesthetic impact. The application
of the stealth technology chosen by the applicant shall be subject
to the approval of the Borough. In the sole discretion of the Borough,
the requirement to utilize stealth technology may be waived if the
Council determines that the waiver is in the best interest of the
Borough.
J.
Soil Report. A current soil report complying with the standards of
geotechnical investigations of the Electronic Industries Association
and Telecommunications Industry Association shall be submitted to
the Borough Engineer prior to construction to document and verify
the adequacy of the design specifications of the foundation for the
wireless tower.
K.
Notice. Within seven days of the submission of an application for
any new wireless tower, the applicant shall conspicuously post notice
on the property. Such notice shall be supplied by the Zoning Officer
and remain on the property until the application is approved or denied.
[Amended by Ord. 2171, 1/8/2018]
L.
Graffiti. Any graffiti on the wireless tower or on any accessory
equipment or wireless support structures shall be removed at the sole
expense of the owner within 10 business days of notice of the existence
of the graffiti.
M.
Removal. In the event that use of a wireless tower and/or associated
co-location wireless communications facility is to be discontinued,
the owner shall provide written notice to the Borough of its intent
to discontinue use and the date when the use shall be discontinued.
Unused or abandoned wireless towers and/or associated co-location
wireless communications facilities shall be removed as follows:
(1)
All unused or abandoned wireless towers shall be removed within
12 months of the cessation of operations of the tower, unless a time
extension is approved by the Borough.
(2)
If any wireless tower is not removed within 12 months of the
cessation of operations at a site, or within any longer period approved
by the Borough, the wireless tower may be removed by the Borough and
the cost of removal assessed against the owner thereof.
N.
Retention of Experts. The Borough may hire any consultant and/or
expert deemed necessary to assist the Borough in reviewing and evaluating
the application for approval of any new wireless tower and, once approved,
in reviewing and evaluating any potential violations of the terms
and conditions of this section. The applicant shall reimburse the
Borough for all costs of the Borough's consultant in providing expert
evaluation and consultation in connection with these activities.
O.
Financial Security. Prior to the issuance of a permit for a new wireless
tower, the applicant shall, at its own expense, obtain from a surety
licensed to do business in Pennsylvania and maintain a bond, or other
form of security acceptable to the Borough Solicitor, in an amount
of $100,000 to assure the faithful performance of the terms and conditions
of this section. The bond shall provide that the Borough may recover
from the principal and surety any and all compensatory damages incurred
by the Borough for violations of this section, after reasonable notice
and opportunity to cure. The owner shall file the bond with the Borough.
P.
Engineer Inspection. Prior to the Borough's issuance of a permit
authorizing construction and erection of a wireless tower, a structural
engineer registered in Pennsylvania shall issue to the Borough a written
certification of the proposed wireless tower's ability to meet the
structural standards offered by either the Electronic Industries Association
or the Telecommunications Industry Association and certify the proper
construction of the foundation and the erection of the structure.
Q.
Additional Wireless Communications Facilities. Prior to the Borough's
issuance of a permit authorizing construction and erection of a wireless
tower, the applicant and the owner of the wireless tower, if different
from the applicant, shall provide the Borough with a written commitment
that it will allow future service providers to co-locate wireless
communications facilities on the tower where economically and technically
feasible; provided, however, that the owner of the wireless tower
shall not install any additional wireless telecommunications facilities
without obtaining the prior written approval of the Borough.
6.
Additional Specific Requirements for Wireless Towers Constructed
Within the Right-of-Way.
A.
Permitted in Certain Zones Subject to Regulations. New wireless towers
in the right-of-way shall be permitted only in the Flex-Office, Highway
Business, and Heavy Manufacturing Districts, subject to the restrictions
and conditions provided herein. Additionally, no new wireless tower
shall be located within 100 feet of the zoning district boundary of
the Downtown Gateway Districts nor within 100 feet of the boundary
of any historic district within the Borough.
B.
Time, Place, and Manner. The Borough shall determine the time, place,
and manner of construction, maintenance, repair, and/or removal of
all wireless towers in the ROW based on public safety, traffic management,
physical burden on the ROW, and related considerations. For public
utilities, the time, place, and manner requirements shall be consistent
with the police powers of the Borough and the requirements of the
Public Utility Code.
C.
Equipment Location. Wireless towers in the ROW and any accessory
equipment shall be located so as not to cause any physical or visual
obstruction to pedestrian or vehicular traffic, or to otherwise create
safety hazards to pedestrians and/or motorists, or to otherwise inconvenience
public use of the ROW as determined by the Borough. Equipment connected
to, or associated with, a wireless tower shall be either attached
to the same pole, with at least 12 feet of vertical clearance between
the ground and the bottom of the equipment structure, or located underground.
D.
Relocation or Removal of Facilities. Within 60 days following written
notice from the Borough, or such longer period as the Borough determines
is reasonably necessary or such shorter period in the case of an emergency,
an owner of a wireless tower in the ROW shall, at its own expense,
temporarily or permanently remove, relocate, change, or alter the
position of any wireless telecommunications facility when the Borough,
consistent with its police powers and applicable Public Utility Commission
regulations, shall determine that such removal, relocation, change
or alteration is reasonably necessary under the following circumstances:
(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 as determined by the Borough.
E.
Compensation for ROW Use. In addition to permit fees as described in Section 505, Subsection 4F, every wireless tower in the ROW is subject to the Borough's right to fix annually a fair and reasonable compensation to be paid for use and occupancy of the ROW. Such compensation for ROW use shall be directly related to the Borough's actual ROW management costs, including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising, and other ROW management activities by the Borough. The annual ROW management fee for wireless towers in the ROW shall be determined by the Borough and authorized by resolution of the Borough Council and shall be based on the Borough's actual ROW management costs as applied to such wireless towers.
7.
Additional Specific Requirements for Wireless Towers Constructed
Outside of the Right-of-Way.
A.
Permitted in Certain Zones Subject to Regulations. New wireless towers
outside the right-of-way shall be permitted only in the Flex-Office,
Highway Business, and Heavy Manufacturing Districts, subject to the
restrictions and conditions provided herein. Additionally, no new
wireless tower shall be located within 100 feet of the zoning district
boundary of the Downtown Gateway Districts nor within 100 feet of
the boundary of any historic district within the Borough.
B.
Zoning Standards. A new wireless tower shall be permitted as either
the sole use on a lot or combined with another nonresidential use
on the same lot. The wireless tower and any other structures or equipment
on the lot must comply with all applicable standards of the underlying
zoning district, including, but not limited to, minimum lot size and
setback requirements.
C.
Fencing/Screening.
(1)
A security fence having a maximum height of six feet shall completely
surround any new wireless tower or any accessory equipment or structures.
(2)
The applicant for a proposed wireless tower which shall be greater
than 40 feet in height shall submit a landscaping and screening design
plan which includes the following:
(a)
Assurances that the existing vegetation, trees, and shrubs located
within the proximity of the wireless tower shall be preserved to the
greatest extent practicable.
(b)
An evergreen screen created by planting trees (a minimum of
six feet tall at planting that will grow to a minimum height of 15
feet at maturity) on ten-foot centers maximum around the perimeter
of the security fence.
(c)
Ground-mounted equipment associated with or connected to a wireless
tower is screened from public view using landscaping and/or screening,
as described above.
(3)
In lieu of an evergreen screen, the Borough may instead approve
use of an artificial screen, topography, walls, decorative fences,
or other features. Furthermore, the requirement for evergreen screening
may be waived by Council where, in the opinion of Council, the screening
would not be appropriate or feasible.
D.
Accessory Equipment and Structures. All utility buildings and accessory
structures shall be architecturally designed to blend into the environment.
All utility buildings and accessory structures shall have a maximum
building footprint of 600 square feet and a maximum height of 15 feet.
E.
Access Road. An access road, turnaround space, and parking shall
be provided as needed to ensure adequate emergency and service access
to the wireless tower. Maximum use of existing roads, whether public
or private, shall be made to the extent practicable. Access drive
grades shall closely follow natural contours to assure minimal visual
disturbance and minimize soil erosion. Where applicable, the owner
shall present documentation to the Borough that the property owner
has granted an easement for the proposed facility. The access easement
shall be a minimum of 20 feet in width, and the access drive shall
be improved with a dust-free, all-weather surface to a width of at
least 10 feet throughout its entire length.
F.
Off-Street Parking. One off-street parking space shall be provided
to ensure adequate emergency and service access to the wireless tower.
Vehicular access shall not interfere with the parking or vehicular
circulation for a principal use if also located on the lot; however,
where appropriate and available, existing parking for the principal
use may be utilized.
G.
Inspection. The Borough reserves the right to inspect any wireless
tower to ensure compliance with the provisions of this section and
any other provisions found within the Borough Code or state or federal
law. The Borough and/or its agents shall have the authority to enter
the property upon which a wireless tower is located at any time, upon
reasonable notice to the operator, to ensure such compliance.
8.
Specific Requirements for Wireless Telecommunications Facilities.
A.
Permitted in All Zones Subject to Regulations. Wireless telecommunications,
facilities are permitted in all zones, subject to the restrictions
and conditions prescribed herein and subject to the prior written
approval of the Borough.
B.
Easement. Where a wireless telecommunications facility will be installed
or co-located on a property with another principal use, or a wireless
telecommunications facility which is on a property with another principal
use is to be replaced or modified, the applicant shall present documentation
evidencing that the owner of the property has granted an easement,
or executed a license agreement or other access agreement, satisfactory
to the Borough for the proposed facility, which provides that vehicular
access is provided to that facility.
C.
Mounting. An applicant seeking to install, co-locate, replace, or
modify a wireless telecommunications facility shall submit for review
by the Borough for compliance with the applicable building codes,
as amended, detailed construction and elevation drawings indicating
how the wireless communications facility will be mounted on the wireless
support structure.
D.
Removal. In the event that use of a wireless telecommunications facility
is discontinued, the owner shall provide written notice to the Borough
of its intent to discontinue use and the date when the use shall be
discontinued. Unused or abandoned wireless telecommunications facilities
or portions of wireless telecommunications facilities shall be removed
as follows:
(1)
All abandoned or unused wireless telecommunications facilities
and accessory equipment shall be removed within 12 months of the cessation
of operations at the site, unless a time extension is approved by
the Borough.
(2)
If the wireless telecommunications facility and/or accessory
equipment is not removed within 12 months of the cessation of its
operations, or within any longer period approved by the Borough, the
wireless telecommunications facility may be removed by the Borough
and the cost of removal assessed against the owner of the wireless
telecommunications facility.
E.
Historic Buildings. No wireless telecommunications facility may be
located on a building or structure that is listed on either the National
or Pennsylvania Register of Historic Places or designated by the Borough
as being of historic significance.
9.
Additional Specific Requirements for Wireless Telecommunications
Facilities Located Within the Right-of-Way.
A.
Time, Place, and Manner. The Borough shall determine the time, place,
and manner of construction, maintenance, repair, and/or removal of
all wireless communications facilities in the ROW based on public
safety, traffic management, physical burden on the ROW, and related
considerations. For public utilities, the time, place, and manner
requirements shall be consistent with the police powers of the Borough
and the requirements of the Public Utility Code.
B.
Design Requirements.
(1)
Wireless communications facilities above the surface grade in
the public ROW shall consist of equipment components that are no more
than six feet in height and that are compatible in scale and proportion
to the existing wireless support structures upon which they are mounted.
All equipment shall be the smallest and least visibly intrusive equipment
feasible.
(2)
Antennas and all support equipment shall be treated to match
the existing wireless support structures. Wireless communications
facilities and accompanying equipment shall be painted, or otherwise
coated, to be visually compatible with the existing wireless support
structure upon which they are mounted.
C.
Equipment Location. Wireless communications facilities located in
the ROW and any accessory equipment shall be located so as not to
cause any physical or visual obstruction to pedestrian or vehicular
traffic, or to otherwise create safety hazards to pedestrians and/or
motorists, or to otherwise inconvenience public use of the ROW, as
determined by the Borough. Equipment connected to, or associated with,
a wireless communications facility shall be either attached to the
same wireless tower or wireless support structure, with at least 12
feet of vertical clearance between the ground and the bottom of the
equipment structure, or located underground.
D.
Relocation or Removal of Facilities. Within 60 days following written
notice from the Borough, or such longer period as the Borough determines
is reasonably necessary or such shorter period in the case of an emergency,
an owner of a wireless communications facility located in the ROW
shall, at its own expense, temporarily or permanently remove, relocate,
change, or alter the position of any wireless communications facility
when the Borough, consistent with its police powers and applicable
Public Utility Commission regulations, shall determine that such removal,
relocation, change or alteration is reasonably necessary under the
following circumstances:
(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 as determined by the Borough.
E.
Compensation for ROW Use. In addition to permit fees as described in Section 505, Subsection 4F, every wireless communications facility located in the ROW is subject to the Borough's right to fix annually a fair and reasonable compensation to be paid for use and occupancy of the ROW. Such compensation for ROW use shall be directly related to the Borough's actual ROW management costs, including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising, and other ROW management activities by the Borough. The annual ROW management fee for wireless communications facilities located in the ROW shall be determined by the Borough and authorized by resolution of the Borough Council and shall be based on the Borough's actual ROW management costs as applied to such wireless communications facility.
10.
Specific Requirements for Wireless Support Structures Located Outside
the Right-of-Way Substantially Modified by a Wireless Telecommunications
Facility.
A.
Design. Any utility buildings and accessory structures required for
or in connection with the installation, co-location, replacement,
or modification of the wireless telecommunications facility shall
be architecturally designed to blend into the environment. All utility
buildings and accessory structures shall have a maximum building footprint
of 600 square feet and a maximum height of 15 feet.
B.
Security Fencing. A security fence having a maximum height of six
feet shall completely surround any utility buildings and accessory
structures.
C.
Screening. The applicant shall submit a landscaping and screening
design plan which includes the following:
(1)
Assurances that the existing vegetation, trees, and shrubs located
within the proximity of the wireless tower shall be preserved to the
greatest extent practicable.
(2)
An evergreen screen created by planting trees (a minimum of
six feet tall at planting that will grow to a minimum height of 15
feet at maturity) on ten-foot centers maximum around the perimeter
of the security fence.
(3)
Ground-mounted equipment associated with or connected to a wireless
tower is screened from public view using landscaping and/or screening,
as described above.
(4)
In lieu of an evergreen screen, the Borough may instead approve
use of an artificial screen, topography, walls, decorative fences,
or other features. Furthermore, the requirement for evergreen screening
may be waived by Council where, in the opinion of Council, the screening
would not be appropriate or feasible.
D.
Access. Vehicular access to any utility buildings and accessory structures
shall not interfere with the parking or vehicular circulation on the
site for the principal use.
E.
Stealth Technology. Any new wireless tower shall employ the most-current
stealth technology available in an effort to appropriately blend into
the surrounding environment and minimize aesthetic impact. The application
of the stealth technology chosen by the applicant shall be subject
to the approval of the Borough. In the sole discretion of the Borough,
the requirement to utilize stealth technology may be waived if the
Council determines that the waiver is in the best interest of the
Borough.
F.
Inspection. The Borough reserves the right to inspect any wireless
communications facility to ensure compliance with the provisions of
this section and any other provisions found within the Borough Code
or state or federal law. The Borough and/or its agents shall have
the authority to enter the property upon which a wireless communications
facility is located at any time, upon reasonable notice to the operator,
to ensure such compliance.
[Added by Ord. 2171, 1/8/2018]
[Ord. 1968, 9/8/2003, § 404; as amended by Ord.
2042, 8/13/2007; by Ord. 2067, 12/14/2009; by Ord. 2110, 5/13/2013;
by Ord. 2142, 11/9/2015; and by Ord. 2171, 1/8/2018]
2.
(Reserved)
3.
Garage — Private.
A.
In Conservation and Gateway Districts, private garages may be the
same general size, height and placement on the lot as similar buildings
on the same side of the same block within a two-hundred-fifty-foot
radius, except that whenever possible, garages should be accessed
from an alley. A garage may have a second story if there are at least
two other existing garages with second stories on the same side of
the same block within a two-hundred-fifty-foot radius.
4.
Parking Lots.
A.
Parking lots shall meet the standards in Part 6.
B.
The following chart shows the maximum allowable off-street spaces
for residential uses:
Type of Use
|
Maximum Spaces
|
---|---|
Single-family dwelling, detached
|
3 spaces
|
Single-family dwelling, semidetached
|
3 spaces
|
Single-family attached house
|
2 spaces
|
Multiple-family dwelling unit
|
2 spaces per dwelling unit
|
5.
Dumpsters and Solid Waste Storage Units.
[Amended by Ord. No. 2203, 4/12/2021; and by Ord. No. 2219, 11/14/2022]
A.
Dumpsters (routine collection) and solid waste storage units shall
be screened on all sides from public view and enclosed by a solid
fence or wall constructed of vinyl designed to look like wood, composite
designed to look like wood, brick, stone, or stucco over concrete
block (capped with brick, slate or stone). While natural enhancements
to screening, like trees, shrubs, and other landscaping, are always
encouraged, natural screening may not be used as a substitute for
fencing or a wall. The fence or wall shall be higher than the container
being screened but shall never be less than four feet in height.
B.
Dumpsters (routine collection) and solid waste storage units shall
only be accessible by a solid gate.
C.
Dumpsters (routine collection) and solid waste storage units shall
be located on a paved surface or concrete pad.
D.
Dumpsters (routine collection) and solid waste storage units shall
be located in the rear yard of the property, setback at least three
feet from the rear and side property lines.
E.
The placement of the dumpsters (routine collection) and solid waste
storage units shall not result in a reduction of any existing off-street
parking spaces.
6.
Storage Sheds and Accessory Buildings.
A.
Residential storage sheds and accessory buildings shall be no larger
than 120 square feet and eight feet in overall height.
B.
Nonresidential storage sheds and accessory buildings shall be no
larger than 200 square feet and eight feet in overall height, with
a maximum of up to three storage sheds and/or accessory buildings
per lot.
C.
In all districts, storage sheds and accessory buildings shall be
located in the rear yard, a minimum of three feet from any property
lines.
D.
For nonresidential uses, the following standards shall apply:
Standard
|
Size
|
---|---|
Minimum open space
|
20%
|
Maximum lot coverage
|
75%
|
7.
Swimming Pools.
[Amended by Ord. No. 2196, 4/13/2020]
A.
Swimming pools shall be used solely for occupants and guests of the
property.
B.
In order to prevent uncontrolled access to a swimming pool from the
street or adjacent properties, the property must either construct
a fence or wall around the perimeter of the pool area or the yard
where the pool is located.
C.
Swimming pools shall not be located in the front yard.
D.
Storable swimming pools must be drained and removed before October
1 each year.
E.
Storable swimming pools may be located no less than four feet from
the side lot line and/or four feet from the rear lot line, where applicable.
All other swimming pools may be located no less than seven feet from
the side lot line and 10 feet from the rear lot line, where applicable.
Storable swimming pools which cannot or is not drained and removed
by October 1 will be subjected to the setback requirements for nonstorable
pools.
F.
Occupants must obtain a permit from licensing and inspections for
all new or replacement pools prior to construction or installation;
provided, however, that a new permit is not required for the annual
setup of a storable pool of the same dimensions are submitted pursuant
to the original application and it is erected in the same location.
8.
Municipal or Civic Accessory Use/Structure. A structure or use of
a structure erected or placed at a location approved by Borough Council
and with the approval and permission of both Borough Council and the
property owner, intended to enhance the public welfare and the quality
of life of Borough residents, including but not limited to, bus shelters,
benches, planters, bike racks and/or monuments.
9.
Outdoor dining area.
[Added by Ord. No. 2183, 4/8/2019]
A.
An outdoor dining area requires a valid permit issued by the Borough.
The permit shall be conspicuously displayed for the benefit of the
patrons at all times within the establishment.
B.
The dining area shall be directly in front of or adjoining a street-level
establishment.
C.
The dining area shall be maintained at the same elevation as the
existing sidewalk surface.
D.
The dining area shall not infringe or encroach on the minimum number
of off-street parking spaces or, in the event of shared parking facilities,
further reduce available parking.
E.
The dining area may be physically separated along its parameter from
the public or parking areas by a railing, fence, planting boxes, a
combination thereof, or some other means having the same effect. Collapsible
or removable railing or fencing shall only be permitted where the
ground receptacle can be capped, and the anchors cannot exceed a depth
below grade of the sidewalk of four inches. Any collapsible railing
or fencing shall be removed during periods of the year when the area
is not in use. No partition shall create a safety risk (e.g., tripping
hazard).
F.
The dining area shall be set back at least 10 feet from all driveways
and internal vehicle circulation lanes.
H.
The dining area shall not infringe or encroach upon the clear egress
space between any exit door of the structure and the clear sidewalk
space.
I.
The dining area shall not cover ventilation grates, and ventilation
grates shall not be considered clear walk space.
J.
Dining areas located at street intersections shall provide corner
clearance by providing a ten-foot clear space from the point of tangency
of the curbline.
K.
Nonconforming uses are prohibited from operating an outdoor dining
area.
[Ord. No. 2183, 4/8/2019]
1.
No part of a public right-of-way, buffer area, required front yards,
stormwater management systems, or parking spaces shall be used for
outdoor storage.
2.
Where permitted, outdoor accessory storage areas shall occupy an
area of a lot which is less than 25% of the ground floor area of the
principal building or structure on the same lot.
3.
Outdoor storage areas shall be shielded from public view and adjoining
properties on ground level, and the fencing or wall shall be solid
and constructed of wood, vinyl designed to look like wood, composite
designed to look like wood, brick, stone, or stucco (capped with brick,
slate, or stone).
[Amended by Ord. No. 2203, 4/12/2021; and by Ord. No. 2209, 12/13/2021]
4.
Outdoor storage areas shall not be located closer than 15 feet to
any side or rear property line, nor 15 feet from any structure or
lot.
[Added by Ord. No. 2197, 6/8/2020]
1.
Permitted Use. This use shall only be permitted in the KEEP Overlay
District.
2.
3.
Dimensional Standards. The following shall apply to this use:
A.
Minimum lot area: 30,000 square feet.
B.
Minimum open space: 20%.
C.
Maximum building coverage: 75%.
D.
Front setback - building or structure: 50 feet.
E.
Side setback - building or structure: 20 feet.
F.
Rear setback - building or structure: 20 feet.
G.
Minimum lot width: 150 feet.
H.
Minimum lot depth: 200 feet.
I.
Maximum building height: 55 feet.
4.
Accessory Uses. In addition to any other permissible accessory uses
within the applicable district, the following accessory uses shall
be permissible by right in association a CSW Gasification Facility:
5.
Minimum Off-Street Parking Spaces. This use requires three parking
spaces for every 1,000 square feet of office space in addition to
one space per employee working during the peak shift of operation
in all buildings utilized for receiving, separating, storing, and/or
converting biomass.
6.
Fencing. Any area containing facilities for the receipt, separation,
storage, and/or conversion of the biomass feedstock shall be encompassed
by a chain-linked fence between six feet and 10 feet in height, improved
with slats made of black high-density polyethylene (HDPE) or equivalent
material, or other similar means deemed satisfactory by the Zoning
Officer in order to prevent the escape of biomass feedstock from the
subject property.
7.
Buffering. Any area containing facilities for the receipt, separation,
storage, and conversion of the biomass feedstock shall be buffered
all sides, except for any side which fronts a right-of-way, by a double
row of evergreens.
8.
Multiple Principal Buildings. This use shall be exempted from § 500, Subsection 2, "Miscellaneous Regulations," provided that the buildings are used for the purposes of administrative offices, tipping floor and feedstock acceptance, feedstock sorting and drying reduction, gasifier and fuel conversion, storage, or other use deemed similar by the Zoning Officer.
9.
Operation. Receipt, separation, conveyance, storage, and/or conversion
of the biomass feedstock shall be conducted within enclosed structures
with the minimum number of openings required, consistent with industry
standards.
10.
Liquid Waste. All liquid waste shall receive treatment to Borough
specifications prior to any disposal into drainage or sanitary systems.
[Added by Ord. No. 2209, 12/13/2021]
1.
Definition. For the purposes of this section, the term "driveway"
shall mean a thoroughfare that provides vehicular access on a lot
to a building or use.
2.
The installation or expansion of driveways servicing existing single-family dwellings within the Conservation and Gateway Districts shall comply with Section A527, Driveways, Appendix A5, Design, of Chapter 22, Subdivision and Land Development, of the Code of Ordinances of the Borough of Pottstown, as amended, which is incorporated herein by reference.
A.
Exceptions.
(1)
A driveway may be located in the side or front yard if the Zoning
Officer determines that a driveway located in the rear yard is not
feasible or the property is within a residential development in which
driveways are historically located in the side or front yard. When
a driveway is permitted in the front yard pursuant to this exception,
no part of the driveway shall ever be located in the area existing
between the dwelling and the street unless the driveway connects a
street-facing attached garage to the street; the driveway then shall
only extend into that area as much as is necessary to reasonably service
the dwelling.
(2)
Driveway intersections serving individual parcels of land may
be prohibited by the Zoning Officer where such intersections would
create congestion, interference and/or hazards to traffic flow and
safety by reason of street grades, land forms, vegetation, frequency
of driveway intersections, limited sight distance and/or high-speed
traffic flow.