Abbottstown City Zoning Code
ARTICLE IX
General Regulations
§ 204-30 Intent of general regulations.
The purpose of this article is to provide additional requirements applicable to all uses in all zoning districts. These regulations are intended to supplement the district regulations contained in Articles IV through VIII. These regulations are in addition to the performance standards, parking and loading standards, and sign standards and all other applicable Borough regulations and ordinances, as well as any other local, state, and/or federal regulations and statutes. If the provisions contained in the zoning districts or any other regulations found in this chapter are determined to be in conflict with the following, the least restrictive regulations shall be applied, unless otherwise stated.
§ 204-31 General use regulations.
A.
Setback modifications.
(1)
Corner lots. For a corner lot, each yard that abuts a public street, excluding alleys, shall be considered a front yard and meet the requirements for minimum front yard setback. The remaining sides of the lot shall be side yards with side yard setbacks.
(2)
Through lots. Where public street frontage exists only along both the rear and front of a lot only, the applicable front yard setbacks shall apply only to the street along which the lot is addressed. The remaining sides of the lot shall be side yards with side yard setbacks and a rear yard opposite the designated front yard with rear yard setbacks.
(3)
Lots with three or more frontages. When a lot fronts on three or more public streets, exluding alleys, each yard that abuts a public street shall be considered a front yard and meet the requirements for minimum front setback. Any remaining sides of the lot shall be side yards with side yard setbacks.
(4)
Existing small lots. A lot owned individually and separately and separated in ownership from any adjoining tracts of land on the effective date of this chapter, which has a total lot area or lot width dimension less than prescribed in this chapter, may be used provided any proposed building, structure or use change does not increase the degree of non-conformity with applicable setback and/or lot coverage standards.
(5)
Single-family semidetached and single-family attached. The minimum side yard setback requirement shall not apply along the commonly shared property line between single-family units.
B.
Maximum height modification. The maximum height limitations of the zoning districts within this chapter shall not apply to the following: water towers, clock or bell towers, steeples and religious symbols attached to a place of worship, electrical transmission lines, elevator shafts, skylights, chimneys, heating/ventilating/air conditioning equipment, industrial mechanical equipment areas that are not occupied by humans, roof mounted solar panels, antennae and communication towers that meet the requirements contained in this chapter, and other appurtenances usually required to be and customarily placed above the roof level and not intended for human occupancy. Where conflicting maximum height standards may appear in this chapter, the maximum height standards in Article IV through VIII shall apply.
C.
Accessory structures. Accessory structure attached to the principal building shall be considered a part of the principal building for all regulatory purposes. The following standards shall apply to all such structures within the Borough of Abbottstown.
(1)
A zoning permit shall be obtained from the Abbottstown Borough Zoning Officer for all accessory structures except for the following which shall be exempt from all zoning permits actions. However, they shall meet all applicable Uniform Construction Code (UCC) standards where applicable:
(a)
Sheds and/or other storage building under 80 square feet.
(b)
Playground equipment, swing sets and other similar recreation facilities on a residential lot. This shall not include swimming pools.
(c)
Tree houses.
(d)
Dog houses.
(e)
Swimming pools with a surface area of less than 50 square feet or with a depth of less than two feet.
(2)
Accessory structures shall not be located within a designated front yard.
(3)
An accessory use or structure shall not be established or constructed on a lot without a principal use or structure present.
(4)
Sheds and/or other storage buildings under 81 square feet shall be subject to a twenty-four-inch setback for side and rear setback requirements in all residential zoning districts.
[Added 3-19-2020 by Ord. No. 2020-02]
D.
Fences. The following standards shall apply to all fences within Abbottstown Borough.
(1)
The maximum height for fences located within front yards for all zoning districts shall be four feet.
(2)
The maximum height for fences located within side and rear yards for all zoning districts shall be eight feet.
(3)
No fence shall be located in a manner that obstructs vision at street intersections. Clear sight triangles shall be provided at all street intersections. Within such triangles, no fence shall be permitted which obscures vision above the height of 30 inches. Such triangles shall be established as follows:
(a)
Seventy-five-foot clear sight triangles shall be provided at any street intersections involving one or more major street. Major streets shall be deemed to include King Street, Queen Street, Fleet Street, Water Street and High Street.
(b)
Fifty-foot clear sight triangles shall be provided at all other street intersections.
(4)
Fences may be located up to, but not on top of, a property line.
(5)
Fences that include barbed wire or razor wire are prohibited. Electrified fences are prohibited. However, this standard shall not apply to any designated long-term correctional facilities.
E.
Swimming pools. The following standards shall apply to all pools with a surface area of 50 square feet or greater or with a depth in excess of two feet within the Borough of Abbottstown. Pools shall also meet any applicable requirements of the Uniform Construction Code, as applied in the Borough.
(1)
The pool shall be located in a side or rear yard. The pool and associated deck, walkway areas, and structures shall meet side and rear setbacks of the district in which the use is located.
(2)
A public swimming pool shall comply with setback requirements of the zoning district or shall be setback at least 20 feet from property lines, whichever is greater.
(3)
When a swimming pool is a principal use, it shall be regulated as a commercial recreation facility.
(4)
All swimming pools with a surface area of 100 square feet or more or a depth in excess of two feet shall be completely surrounded by a fence or wall not less than four feet in height. However, a fence shall not be required for pools more than four feet above the ground level if it is provided with a lockable, retractable ladder.
(5)
All gates or doors opening through such enclosure shall be equipped with a self-closing and self-latching locking device for keeping the gate or door securely closed at all times when not in actual use, except that the door of any dwelling which forms a part of the enclosure need not be so equipped.
(6)
Water from the pool shall not be discharged across neighboring properties.
(7)
Approved filtration systems and circulators must be provided for all pools, except such exempt or non-exempt wading pools as are emptied on a daily basis as hereinafter provided. All pool installations shall conform to all applicable building codes. Conventional pools with less than the area and depth requirements in Subsection E shall be exempt from fencing and filtration requirements.
(8)
In no case shall water in the pool or pool area be permitted to emit an offensive odor or create any unhealthful condition.
(9)
No pool shall be located under any electric power lines (including service lines), and the pool must be located at least 10 feet (measured horizontally) from such power lines.
(10)
No water shall be placed in the pool until a fence, as required by this section, has been completed.
F.
Alternative energy systems. All by right, special exception, and conditional uses shall be permitted: one alternative energy system that can be comprised of any combination of the following: (a) one wind energy system; and/or (b) any number of roof-mounted solar collectors; and/or (c) no more than 500 square feet of ground mounted solar panels. Such systems shall be permitted as accessory uses in all zoning districts and shall comply with the following standards.
(1)
General standards.
(a)
All accessory alternative energy systems shall be designed for private use. However, this shall not prohibit a residential system from sending excess generated electricity back into the grid.
(b)
This section shall not apply to closed loop and single pass or "pump and pump" geothermal heat pump systems.
(2)
Solar penals - roof mounted. Roof-mounted solar panels shall be permitted in accordance with the following standards.
(a)
Roof-mounted solar panels shall comply with the maximum building height requirements of the zoning district where the installation of the solar panel is proposed.
(b)
On pitched roofs, roof-mounted solar panels shall be installed as close to parallel as possible to the pitch of the roof while not sacrificing the efficiency of the solar panel.
(c)
On flat roofs, roof-mounted solar panels may be installed at an angle to improve the efficiency of the solar panel with regard to the predominant sun angle provided that the solar panel is placed in a manner to minimize its visibility from street level. In no case may solar panels extend more than five feet above the top of a flat roof.
(3)
Solar panels - ground mounted. Ground-mounted solar panels shall be permitted in accordance with the following standards.
(a)
Ground-mounted solar panels shall comply with the setback requirements of the district where the installation of the solar panel is proposed.
(b)
Ground-mounted solar panels shall not be permitted by right in any front yard. The Zoning Hearing Board may authorize, by special exception, the installation of a ground-mounted solar panel in a front yard if the applicant demonstrates that, due to solar access limitations, no location exists on the property other than the front yard where the solar panel can perform effectively.
(c)
Ground mounted solar panels shall not exceed a height of 10 feet in height at maximum angle.
(d)
Glare from ground-mounted solar panels shall be directed away from adjoining properties or street rights-of-way. Fences or vegetative screens may be utilized to prevent glare from impacting adjoining properties or street rights-of-way.
(4)
Wind energy systems (including wind turbines) shall meet the following standards:
(a)
Pole- or tower-mounted wind energy system shall not be located on a parcel less than 20,000 square feet.
(b)
All wind energy systems, except single-pole structures, shall be enclosed by a fence in compliance with this chapter. Such fence shall be located at least five feet from the base of such a system. Guy wires may be located outside the fenced area.
(c)
No wind energy system for private use shall be greater than 100 kW.
(d)
No wind energy system for private use shall be greater than 100 feet in height.
(e)
No wind energy system shall be permitted which is designed to have any vane, sail or rotor blade to pass within 30 feet of the ground.
(f)
Wind energy systems shall not be permitted in any front yard.
(g)
All electrical wiring leading from a wind energy system shall be located underground.
(h)
Wind energy system may be located within the required rear or side yards provided they are no closer than 1.1 times their height from the nearest occupied building not located on the same parcel as the wind energy system.
G.
No-impact home-based businesses. The following standards shall apply to all districts where a residential dwelling is permitted by right.
(1)
The business activity shall be compatible with the residential use of the property and surrounding residential uses.
(2)
The business shall employ no employees other than family members residing in the dwelling.
(3)
There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.
(4)
There shall be no outside appearance of a business use, including, but not limited to, parking, signs or lights.
(5)
The business activity may not use any equipment or process which creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood.
(6)
The business activity may not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use in the neighborhood.
(7)
The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.
(8)
The business may not involve any illegal activity.
H.
Storage of junked, abandoned, or discarded vehicles. The storage of junked, abandoned, or discarded vehicles as defined in this chapter shall be only in enclosed buildings on residential lots and shall be fully screened when stored on commercial or industrial lots.
I.
Outdoor display and sales area. Permitted commercial uses may have outdoor display and sales areas as follows:
(1)
Outdoor storage and/or display of products for sale shall be prohibited in the LDR, MDR, and TCR Districts.
(2)
Outdoor storage and/or display of products for sale shall be permitted in the TCMU District during business hours only. All products, whether for sale or not, shall be stored inside when the business is closed.
(3)
Passenger vehicles, motorcycles, boats, recreational vehicles and similar items that do not exceed 15 feet in width and 30 feet in length may be displayed outdoors. Such display area shall be no closer than 10 feet to all property lines and right-of-way lines.
(4)
Vehicles, boats, recreational vehicles, and similar items that are larger than 15 feet by 30 feet may be displayed outdoors. Such display areas shall be located no closer than 20 feet to all property lines and right-of-way lines.
(5)
The above setbacks shall be maintained with a vegetative ground cover or landscaping.
(6)
No display area may be located within the existing or future street right-of-way, a sidewalk or similar pedestrian area, or an area used for required parking or loading. No display area shall be located within or hinder or affect a clear sight triangle.
J.
Outdoor storage.
(1)
Outdoor storage and stockpiling. The following standards shall apply to all properties within the Borough.
(a)
In all zones, no outdoor storage or stockpiling of any material is permitted within the front yard.
(b)
In the LDR, MDR, TCR, and TCMU Districts, the outdoor stockpiling of materials for more than three months is prohibited. Firewood to be used on the lot on which it is stored may be stockpiled in a side or rear yard for an indefinite period of time.
(c)
Outdoor storage of raw materials, finished products, or merchandise shall be surrounded by an opaque fence, wall, or screening that meets the requirements of this chapter.
(2)
Recreational vehicles, boats, trailers. Recreational vehicles, boats, trailers and similar items may be stored on a lot occupied by the owner of the item, provided the item shall not be stored within the front yard and shall be located no closer than 10 feet from all other property lines and right-of-way lines.
(3)
Temporary storage pods, temporary dumpsters. Temporary storage pods, temporary dumpsters, and similar items may be placed on a property in any yard provided that they are not located within a street right-of-way or clear sight triangle. They shall remain on the property for no longer than 30 days.
(4)
Dumpster and trash storage areas. All areas proposed for the location of trash dumpsters, or for trash storage pending pickup shall be designed to meet the requirements of § 204-32. Additionally, unless otherwise authorized by this chapter, no outdoor accumulation of trash, garbage, refuse, or junk is permitted for a period exceeding 15 days. Dumpsters and other trash storage equipment shall be located no closer than five feet to all property lines and right-of-way lines.
(5)
All outdoor storage shall be in full compliance with all applicable Borough nuisance ordinances.
(6)
Outdoor storage may be permitted, unless specifically prohibited above, provided the following requirements are met:
(a)
Outdoor storage shall be designed as an integral component of the commercial establishment. Under no circumstances may temporary outdoor storage or sales facilities be constructed as a component of a commercial establishment.
(b)
Outdoor storage areas shall be enclosed by opaque fencing designed to be architecturally compatible with the principle building(s).
(c)
Outdoor storage areas shall not be located within any required setback or landscaping area.
(d)
Where outdoor storage areas are used as display space for products for sale, such outdoor storage space shall be included in calculating building coverage and the required number of parking spaces.
(7)
Propane tank storage. Areas for the sale or rental of propane tanks shall conform to the following requirements.
K.
Temporary retail sales. A permit shall be issued for temporary retail sales subject to the following additional provisions:
(1)
The permit shall expire after 90 days, unless an extension is authorized by the Zoning Hearing Board.
(2)
All structures or other facilities associated with the temporary use shall be removed completely upon expiration of the permit without cost to the Borough.
(3)
Only one temporary retail sales event may take place on a lot at any given time.
(4)
Temporary retail sales hours of operation shall be limited to the hours of 6:00 a.m. to 10:00 p.m.
(5)
Temporary retail sales may take place in parking areas provided that the number of parking spaces remaining on site meets the combined minimum number of spaces for all uses located on that site.
(6)
Temporary retail sales shall not disrupt the daily operations of the principal business located on the lot.
L.
Outdoor wood-fired boilers. The use of outdoor wood-fired boilers shall be prohibited in all zoning districts. This prohibition does not apply to charcoal grills, fire pits, or other burning conducted in accordance with applicable Borough requirements.
M.
Clear sight triangles. No building, structure, sign, fence, landscape planting, or other property improvement regulated by this chapter may be located within the required clear sight triangle at any street intersection. Clear sight triangles shall be established in accordance within § 186-26F of the Abbottstown Borough Subdivision and Land Development Ordinance.
N.
Small wireless facility use (within a right-of-way).
[Added 3-17-2022 by Ord. No. 2022-01]
(2)
Applicability.
(a)
The provisions of this subsection shall apply only to activities of a wireless provider within a right-of-way for the deployment of small wireless facilities and associated new utility poles with small wireless facilities attached.
(b)
In accordance with the Small Wireless Facilities Deployment Act, this subsection, and other applicable codes including, but not limited to, the Borough's Stormwater Management Ordinance.[2] and Chapter 183, Streets and Sidewalks (highway occupancy/encroachment permit) and Pennsylvania's Uniform Construction Code (adopting the International Building Code and the National Electrical Code), and with the permission of the owner of the structure, a small wireless facility provider shall have the right to perform the following within the right-of-way:
[1]
Co-locate. Co-location is required unless the applicant demonstrates that it cannot meet service reliability and functional objectives by co-location. Co-location requires that the wireless provider has a right to co-locate on an existing utility pole; the co-location is technically feasible and would not impose substantial additional cost; and co-location would not obstruct or hinder travel or have a negative impact on public safety.
[2]
Replacement; new utility pole. Replace an existing utility pole or install a new utility pole with attached small wireless facilities.
(3)
Design guidelines.
(a)
All small wireless facilities shall be designed, constructed, inspected, operated, maintained, repaired, modified and removed in strict compliance with all current applicable federal and state technical, building and safety codes and the requirements of this subsection.
(b)
All structures and facilities shall be installed and maintained so as not to obstruct, endanger or hinder travel or public safety on and within the right-of-way; damage or interfere with other utility facilities located within a right-of-way; interfere with another utility's use of the utility's facilities located or to be located within the right-of-way; or obstruct the legal use of the right-of-way by the Borough and utilities.
[1]
Construction, maintenance, repair, replacement and/or removal of small wireless facilities activities which disturb the use of and improvements within the Borough's road rights-of-way shall comply with the Borough's Chapter 183, Streets and Sidewalks (highway occupancy/encroachment permit). In its administration of that ordinance, the Borough reserves the right to determine the time, place and manner of work by the wireless provider, its contractor and subcontractor(s) based on public safety; traffic management; physical burden on the right-of-way and legal use of the right-of-way; and impact on improvements in the right-of-way, including but not limited to cartway, shoulders, and stormwater management facilities.
(c)
Size limits.
[1]
Each new or modified small wireless facility shall meet the size requirements set forth in the definitions of micro wireless facility or small wireless facility, whichever is applicable.
[2]
Each new or modified small wireless facility installed in the right-of-way shall be installed on an existing utility pole or a new utility pole subject to the following:
[a]
The installation of a small wireless facility on an existing utility pole shall not extend more than five feet above the existing utility pole.
[b]
If co-location on an existing utility pole cannot be achieved, a small wireless facility ay be installed on a new or replacement utility pole. The maximum permitted height of the facility, which shall include the utility pole and small wireless facility shall not be taller than 50 feet above ground level.
(d)
Least intrusive design; stealth design.
[1]
Small wireless facilities shall consist of the smallest and least visibly intrusive equipment feasible.
[2]
The small wireless facility shall employ the most current stealth technology available; at a minimum, facilities shall be painted to match the utility pole upon which a facility is co-located or, where not involving co-location, new utility poles and facilities shall be painted gray.
(e)
Lighting. Small wireless facilities shall not be artificially lighted beyond what is required by state and federal regulations.
(5)
Zoning permit not required.
(a)
A zoning permit is not required for:
[1]
Routine maintenance or repair work.
[2]
The replacement of small wireless facilities with small wireless facilities that are substantially similar or the same size or smaller.
[3]
The installation, placement, maintenance, operation, or replacement of micro wireless facilities that are strung on cables between existing utility poles by or for a communications service provider authorized to occupy the right-of-way, in compliance with the National Electrical Safety Code.
(6)
Submission for determination that zoning permit is not required.
(a)
The wireless provider shall submit the following information for a determination by the Zoning Officer of the need for the filing of an application for a zoning permit:
[1]
Plan depicting the type, location, and dimensions of the proposed small wireless facility.
[2]
A written self-certification, signed by the applicant or a person authorized to make such certification on behalf of the applicant with supporting information demonstrating that the proposed small wireless facility conforms to the requirements of this subsection and bearing the following statement above the signature:
The statements made in this writing are true and correct to the best of the knowledge, information and belief of the undersigned signatory, and made with the understanding that any false statement is subject to the penalties of 18 Pa.C.S.A. § 4904, relating to unsworn falsification to authorities.
(b)
A complete pre-application submission for determination that no zoning permit is required shall be acted upon within 10 business days of the receipt of the submission by issuance of a written determination. In the event a zoning permit is determined to be required, the permit requirement and application procedures set forth in the remaining subsections of this subsection shall apply.
(7)
Zoning permit application requirements and procedures.
(a)
Pre-Application Meeting. It is recommended, but not required, that the applicant discuss the application with the Zoning Officer prior to its submission to familiarize the applicant with this subsection and to familiarize the Borough with the applicant's proposed use.
(b)
Application for zoning permit. An application for a zoning permit for a small wireless facility use shall include the following:
[1]
Application form. Application for the zoning permit shall be made on the form prescribed by the Borough and shall contain all information generally required for such application as set forth on the form, as well as the additional information required below.
[a]
If the applicant is not the intended operator of the proposed use, the name, address, telephone number and email address of the operator.
[b]
If the applicant is not the intended contractor of the proposed use, the name, address, telephone number and email address of the contractor. The same information is required for all subcontractors.
[2]
Narrative. Narrative description of the proposed small wireless facility and related support and equipment, including a description of dimensions, materials, color, and lighting.
[3]
Site plan. Scaled plan, prepared by a commonwealth-registered professional engineer or surveyor, depicting the location and dimensions of the proposed small wireless facility, lot lines, names of adjacent lot owners, leasehold lines (if applicable) and easements (if applicable).
[4]
Co-location.
[a]
Any application for a new tower-based small wireless facility shall demonstrate that co-location is not technically and economically feasible.
[b]
Applicant erecting a new utility pole shall provide the municipality with a written commitment, binding on the applicant's successors, that it will allow other service providers to co-locate on the utility pole, where technically and economically feasible.
[c]
In the event of co-location on an existing utility pole, written agreement of the utility pole owner for the co-location of small wireless facilities.
[d]
A written self-certification, signed by the applicant or a person authorized to make such certification on behalf of the applicant, stating that co-location cannot meet service reliability and functional objectives. The self-certification shall be accompanied by a written summary of the basis for the determination.
[5]
Facility drawings. Scaled construction and engineering drawings, prepared by a professional engineer, describing the type and dimensions of the proposed small wireless facility, utility pole and other support structures and, and demonstrating compliance with this subsection.
[6]
Design. Documentation demonstrating compliance with § 204-31N(3).
[7]
Lighting. If lighting is required, the applicant shall provide a lighting detail demonstrating lighting that is as unobtrusive and inoffensive in effect as is permissible for compliance with state and federal regulations.
[8]
FCC compliance. Demonstration by a report by a qualified engineer that the small wireless facility will comply with all applicable standards established by the FCC regulations.
[9]
2017 National Electrical Safety Code. Demonstration of compliance with the 2017 National Electrical Safety Code and all applicable laws and regulations for the protection of underground and overhead utility facilities.
[10]
Contractors; subcontractors. Demonstration and attestation by the applicant that the applicant or its affiliate shall ensure that a contractor or subcontractor performing construction, reconstruction, demolition, repair, or maintenance work on a small wireless facility meets the following requirements:
[a]
Maintains all valid licenses, registrations or certifications required by the federal government, the commonwealth or the Borough that is necessary to do business or perform applicable work;
[c]
Has not defaulted on a project, declared bankruptcy, been debarred, or suspended on a project by the federal government, the commonwealth, or a local government entity within the previous three years;
[d]
Has not been convicted of a misdemeanor or felony relating to the performance or operation of the business of the contractor or subcontractor within the previous 10 years; and
[e]
Has completed a minimum of the United States Occupational Safety and Health Administration's ten-hour safety training course or similar training sufficient to prepare workers for any hazards that may be encountered during their work on the small wireless facility.
[11]
Certification statement. Each certification and each document required by this subsection shall include the name, title (if applicable), business name (if applicable) and contact information of the document preparer, shall state the preparer's authority and, where applicable, qualifications (training, education, certification, licensing, etc.) to prepare the document, shall be signed by the preparer, shall contain a certification of accuracy and correctness, and shall bear the following statement immediately preceding the signature of the preparer: The statements made in this writing are true and correct to the best of the knowledge, information and belief of the undersigned signatory, and made with the understanding that any false statement is subject to the penalties of 18 Pa.C.S.A. § 4904, relating to unsworn falsification to authorities.
(c)
Complete application. Upon receipt of the application, the Borough shall perform an administrative completeness review and within 10 business days of the date that an application for a small wireless facility use is filed with the Borough, the Borough shall notify the applicant in writing whether the application is incomplete, specifically identifying the missing information.
(d)
Application procedures. Upon submission of a complete application meeting the requirements of § 204-31N(3).
[1]
Co-located facility. An application for a co-located small wireless facility shall within 60 calendar days of submission of a complete application be acted upon by issuance of a zoning permit or written notice of denial stating the grounds for denial.
[2]
New or replacement utility pole. An application to replace an existing utility pole or install a new utility pole upon which the small wireless facility shall be placed shall within 90 calendar days of submission of a complete application by acted upon by issuance of a zoning permit or written notice of denial stating the grounds for denial.
(e)
Consolidated application. An applicant may submit a consolidated application meeting the following requirements:
[1]
The consolidated application does not exceed 20 small wireless facilities.
[2]
No more than one consolidated application may be submitted in a thirty-day period.
[3]
If more than one consolidated application or 20 single applications are submitted within a forty-five-day period, the deadline for review shall be extended by 15 calendar days.
(f)
Denial.
[1]
The application may be denied if:
[a]
The small wireless facility materially interferes with the safe operation of traffic control equipment, sight lines or clear zones for transportation or pedestrians or compliance with the American with Disabilities Act of 1990[5] or similar federal or state standard regarding pedestrian access or movement.
[5]
Editor's Note: See 42 U.S.C. § 12101 et seq.
[b]
The proposed facility fails to comply with applicable codes including, but not limited to, this subsection, the Borough's Stormwater Management Ordinance, Chapter 183, Streets and Sidewalks (highway occupancy/encroachment permit), and Pennsylvania's Uniform Construction Code (adopting the International Building Code and the National Electrical Code).
[d]
The applicant fails to submit a report by a qualified engineering expert which states that the small wireless facility will comply with applicable FCC regulations.
[2]
If one or more small wireless facilities in a consolidated application is denied, such denial shall not delay processing of any other small wireless facilities in the same consolidated application.
(g)
Zoning permit term.
[1]
The right to construct a small wireless facility under the permit issued under this subsection shall expire one calendar year from the date of issuance, unless the Borough agrees in writing to extend the period. A request for extension shall be in writing and shall state the reasons for extension.
[2]
A permit issued under this subsection shall expire in five years. The permit may be renewed for two additional five-year periods upon written request stating the reasons for extension, if the applicant:
[a]
Is in compliance with the criteria set forth in the Small Wireless Facilities Deployment Act, this subsection, and other applicable codes including, but not limited to, the Borough's Stormwater Management Ordinance, Chapter 183 Streets and Sidewalks (highway occupancy/encroachment permit) and Pennsylvania's Uniform Construction Code (adopting the International Building Code and the National Electrical Code); and
[b]
Has obtained the necessary consent from the owner of the utility pole.
(8)
Facilities removal; discontinuation.
(a)
The small wireless facilities and any associated equipment, including the utility pole and other support structures (if the wireless facilities and associated equipment are the only facilities on the utility pole), shall be removed within 60 calendar days of suspension or revocation of a permit due to noncompliance with the Small Wireless Facilities Act, this subsection and other applicable codes including, but not limited to, the Borough's Stormwater Management Ordinance, Chapter 183 Streets and Sidewalks (highway occupancy/encroachment permit) and Pennsylvania's Uniform Construction Code (adopting the International Building Code and the National Electrical Code), after provision of adequate notice of and an opportunity to cure any noncompliance.
(b)
The small wireless facilities and any associated equipment, including the utility pole and any support structures (if the wireless facilities and associated equipment are the only facilities on the utility pole), shall be removed within 90 calendar days of the expiration of the permit or any extension period.
(c)
Discontinuation.
[1]
In the event that use of a small wireless facility is planned to be discontinued in advance of or upon expiration of a permit or any extension thereof, the owner shall provide written notice to the municipality of its intent to discontinue use and the date when the use shall be discontinued.
[2]
Failure to use such facility for a period of 180 calendar days in a 365-day period, excepting for purposes of active repair or modification, shall constitute a discontinuation.
[3]
All discontinued small wireless facilities shall be removed within 90 calendar days of the cessation of operations.
§ 204-32 Landscaping regulations.
This section shall apply to all nonresidential land developments, and to any residential subdivision or land development which includes five or more new residential units. A landscaping plan shall be prepared and shall strictly conform to the following standards. All landscape design shall be performed by a qualified landscape architect, horticulturist, or similar landscaping professional.
A.
Landscape plans. When a project is proposed which requires landscaping in accordance with this section, landscape plans shall be prepared. Landscape plans shall meet the following requirements:
(1)
Landscape plans shall be drawn to scale, and shall include appropriate dimensions and distances to afford a complete understanding of the proposed layout.
(2)
Landscape plans shall delineate any existing and proposed parking spaces or other vehicular areas, driveways, building footprints, and similar features.
(3)
Landscape plans shall designate by name and location the plant material to be installed or preserved in accordance with this section.
(4)
Landscape plans shall identify and describe the location and characteristics of all other landscape materials to be used.
(5)
Landscape plans shall contain a table displaying information relevant to evaluating the compliance of the landscape plan with the provisions of this section. At a minimum, such a table shall include the following:
(6)
Specific landscaping or planting approaches that may be required in other sections of this chapter shall be incorporated into the landscape plan required by this section.
B.
Standards for landscape materials.
(1)
Landscape elements shall meet the following minimum dimensions immediately upon planting.
Plant Type | Minimum Size at Planting | Minimum Height at Maturity | Maximum Height at Maturity |
|---|---|---|---|
Major deciduous tree | 2-inch caliper | 35 feet | N/A |
Minor deciduous tree | 2-inch caliper | 15 feet | 35 feet |
Evergreen tree | 6 feet | 15 feet | N/A |
Evergreen and deciduous shrubs | 24 inches | 4 feet | 15 feet |
(2)
When more than 10 trees or shrubs are required, a mixture of species shall be planted. The number of species required shall vary according to the following scale:
Required Number of Trees | Minimum Number of Species |
|---|---|
11 to 20 | 2 |
21 to 30 | 3 |
31 or more | 5 |
(3)
All required trees shall be deep-rooted species capable of withstanding automobile emissions and the salts used in snow melting and clearing operations.
(4)
All required landscaped areas not dedicated to trees shall be landscaped and maintained with grass, shrubs, mulch or other ground cover, or other appropriate landscape treatment. Sand and/or pavement or other similar materials shall not be considered appropriate landscape treatments.
(5)
No more than 25% of the trees in any landscaping plan shall be evergreen trees.
(6)
The type of deciduous trees, evergreen trees, shrubs, and other vegetation planted shall comply with the provisions in Appendix B.
C.
Requirements for specific projects.
(1)
Residential development. The following requirements shall be applicable to residential projects:
(a)
Two planting units shall be required for each dwelling unit. A minimum of one of the required planting units shall be a major deciduous tree.
(b)
Additionally, two street trees shall be required for every 100 linear feet of new street measured along the centerline. These trees shall be major deciduous trees.
(c)
The spacing of trees shall be based on the size of the tree canopy at maturity with trees spaced no closer than 30 feet on center if the tree canopy is less than thirty-foot spread at maturity, spaced 30 to 60 feet on center if the tree canopy is 30 to 50 feet spread at maturity, and spaced 50 to 100 feet on center if the tree canopy is over 50 feet spread at maturity.
(2)
Nonresidential development. The following requirements shall be applicable to all nonresidential projects:
(a)
Three planting units shall be required for every 1,000 square feet, or fraction thereof, of building coverage. A minimum of one out of every three of the required planting units shall be a major deciduous tree.
(b)
A landscaped area, planted in such a manner to provide a visual screen of 50% opacity, shall be provided along any property line that borders a residential zone, regardless of whether or not the residentially zoned parcel is developed. The opacity percentage is defined as the percentage of the normal line of sight that is obscured by the visual screen. Landscaping shall also be provided on any portion of the site not used for buildings, structures, parking, loading areas or storage areas.
(c)
The landscaped area shall be a minimum of 20 feet wide, measured inward from the property line.
(d)
Landscaping materials shall include a mixture of the following: trees, grass, shrub, mulch, or other suitable landscaping material not including sand or pavement or other similar material.
(e)
For the length of the landscaped area, a tree shall be planted at no less than twenty-foot intervals. For the entire area to be landscaped, at least one tree shall be planted for every 1,000 square feet of the landscape area.
(3)
Off-street parking areas. The following requirements shall be applicable to all new or expanded off-street parking areas:
(a)
Interior landscaping of all off-street parking areas containing 25 or more parking spaces shall be required.
(b)
Terminal islands shall be provided at both ends of all rows of parking spaces. Terminal islands shall be designed to protect parked vehicles, to help define the traffic circulation pattern of the parking lot, and to provide landscaping area.
(c)
Each terminal island shall measure not less than five feet in width and 15 feet in length.
(d)
Each terminal island shall include at least one deciduous tree, with the remaining area landscaped with appropriate ground cover, including grass, shrubs, flowering plants, or landscaped and integrated stormwater management facilities.
(e)
A divider strip between abutting rows of parking shall be provided. Divider strips shall be designed to help define the traffic circulation pattern, to provide visual breaks within the parking area, and to help separate pedestrian and automobile traffic.
(f)
Curbing or wheel guards shall be provided around the divider strip to prevent vehicular encroachment.
(g)
At least one deciduous tree shall be planted for every twenty-foot interval within the divider strip. The remaining area of the divider strip shall be landscaped with appropriate ground cover or grass.
(4)
Perimeter of off-street parking areas. The following requirements shall be applicable to the perimeter of all new or expanded off-street parking areas:
(a)
Perimeter landscaping strips shall be provided around the perimeter of all parking areas, except where the one side of the parking area is bounded by the commercial structure.
(b)
The minimum width of the perimeter landscaping strip around all parking areas shall be 10 feet for parking lots with 25 or more parking spaces and five feet for parking lots with less than 25 parking spaces. The landscaping strip shall be measured outward from the edge of the parking lot.
(c)
At least one deciduous tree shall be planted for every 20 feet of parking lot perimeter. All trees shall be planted within the perimeter landscaping strip.
(d)
Area within the perimeter landscaping strip not devoted to trees shall be landscaped with grass, shrubs, flowering plants, or landscaped and integrated stormwater management facilities.
(e)
The required trees shall be planted within the perimeter landscaping strip in a manner providing visual buffering between adjoining properties and the parking lot. Applicants are strongly encouraged to develop a landscape design using groupings of trees and variable tree spacing rather than a rigid design approach.
(5)
Buffer zones. The following requirements shall be applicable to all nonresidential projects that abut a residential use or district:
(a)
The buffer zone shall be measured from the district boundary line or a property line or right-of-way, if not coexistent with the district boundary line.
(b)
A minimum buffer zone of 50 feet in width shall be provided along any common property line with a residential use or district.
(c)
The buffer zone shall be maintained and kept clean of debris, rubbish, weeds, and other unsightly features.
(e)
No less than the exterior half of the buffer area shall be planted and maintained with grass or ground cover, massed evergreens, and deciduous trees and shrubs or such species and size as will produce, within two growing seasons, a screen at least four feet in height and of such density as will obscure, throughout the full course of the year, all of the glare of automobile headlights emitted from the premises. The preservation of all natural wooded tracts, rock outcroppings, or topographic features shall be an integral part of said plans regardless of their proximity to required buffer zones.
[1]
Massed evergreens used in screen planting shall be at least four feet in height when planted and produce a complete visual screen year-round.
[2]
The screen planting shall be maintained permanently and any plant material which does not live shall be replaced within one year.
[3]
The screen planting shall be so placed that at maturity, it will be no closer than three feet from any street or property line.
[4]
A clear-sight triangle shall be maintained at all street intersections and at all points where private accessways intersect public streets.
[5]
The screen planting shall be broken only at points of vehicular and pedestrian ingress and egress.
[6]
No screen planting shall be required along street frontage.
(6)
Community greens. The following requirements shall be applicable to all community greens:
(a)
Ten planting units shall be provided for each acre, or portion thereof, within a community green.
(b)
Where a residential subdivision or land development plan is required to have more than one community green, the total number of required planting units shall be calculated based on the cumulative acreage of all community greens within the subdivision or land development plan. However, the total number of required planting units shall be split equally between the required community greens.
(c)
Where the site design retains existing major or minor deciduous trees, said trees may contribute to meeting this quantity requirement.
D.
Credit for existing vegetation. Credit for up to 50% of the minimum landscaping quantity requirements may be given for retaining existing major deciduous trees on site, provided that the following conditions are met:
(1)
That such trees are in good health, as certified by a horticulturist or similar professional.
(2)
That such trees are located within 75 feet of the structure(s) wherein the principal use of the property is located, or within 25 feet of a parking lot, access drive, loading area, dumpster location, or accessory structure associated with such principal use.
(3)
If the applicant proposes to apply existing major deciduous trees to the credit for existing vegetation provision permitted by this section, the applicant shall agree to replace any such major deciduous trees that die within two years of the date of issuance of the zoning permit allowing the establishment of the principal use of the property. Such major deciduous trees shall be replaced with an equal number of healthy major deciduous trees.
E.
Dumpster and trash storage areas. All areas proposed for the location of trash dumpsters, or for trash storage pending pickup for more than one residential unit or any nonresidential unit, shall be screened with a fence of no less than six feet in height, or shall be screened with plant material that will form a dense vegetated barrier, and which contains plantings reasonably expected to attain a height of six feet within three years of planting. The plantings used to achieve this requirement shall not count toward meeting the landscaping quantity requirements of this section.
F.
Installation standards. The following requirements shall govern the installation of all plantings required in accordance with this section:
(1)
The landscape contractor shall furnish and install all plant material shown on the landscape plan approved by the Borough pursuant to this section.
(2)
Plants taken from cold storage are not acceptable to meet the requirements of this section.
(3)
Planting of deciduous material may occur during winter months, provided that there is no frost in the ground and frost free topsoil planting mixtures are used. A professional horticulturist or similar professional should be consulted to determine the proper time to move and install plant material so that stress to the material is minimized.
(4)
All plant pits, hedge trenches, and shrub beds shall be excavated as follows:
(a)
All pits shall be generally circular in outline, and shall have vertical sides. Tree pits shall be deep enough to allow 1/8 of the root ball to be above the finish grade, and shall be a minimum of 10 inches larger on every side than the ball of the tree.
(b)
If areas are designated as shrub beds or hedge trenches, they shall be cultivated to at least 18 inches in depth.
(5)
After cultivation, all plantings shall be mulched with a minimum three-inch layer of organic mulch or other similar material over the area of the planting.
(6)
All clear sight triangles, as may be required by the Abbottstown Borough Subdivision and Land Development Ordinance or otherwise, shall remain clear, and any plant which could endanger safety, such as unstable limbs, shall be removed and the plant material replaced.
(7)
No plant materials may be substituted for that shown on the approved landscape plan without first having received approval from the Abbottstown Borough Zoning Officer upon recommendation from the Borough Planning Commission.
G.
Maintenance standards for landscaped areas.
(1)
Within landscaped areas, grass shall be mowed and other vegetation shall be trimmed and/or pruned at regular intervals.
(2)
The applicant shall, within any landscaped area, replace any tree which dies with another tree of the same or similar species, within one month of the death of the original tree. The applicant shall be responsible for performing this replacement, if applicable, for a period of 18 months from the date of zoning permit issuance for the improvements requiring a landscaped area.
(3)
Any garbage or other waste and/or refuse which accumulate within any landscaped area shall be promptly removed and disposed of.
H.
Financial security. The installation of required landscaping in accordance with the approved landscape plan required by this section shall be guaranteed by financial security in the form and manner prescribed by the Abbottstown Borough Subdivision and Land Development Ordinance.
§ 204-33 Lighting regulations.
Exterior lighting shall be provided in the following areas of all residential and nonresidential developments, including parking areas, pedestrian sidewalks and walkways, driveways, loading areas, and nonresidential driveway intersections. These lighting systems shall meet the following requirements.
A.
The lighting system shall maintain a uniformity ratio of 15:1 or better.
B.
Locations with a higher level of night activity (such as automatic teller machines and gasoline pumping stations) may require luminance levels greater than those indicated in this section. Where higher luminance levels are requested by a developer, the design may be approved by the Zoning Officer, upon recommendation by the Planning Commission, provided the lighting system complies with all other requirements of this section.
C.
Pole mounted lighting fixtures shall be located in coordination with the landscaping plan, existing trees, and future tree growth so as to minimize shadowing.
D.
Lighting fixtures shall be selected to minimize upward light that contributes to sky glow and wastes energy. Outdoor lighting fixtures shall be a full cutoff fixture type, in accordance with American National Standards Institute/Illuminating Engineering Society of North America (ANSI/IESNA) Classification, with the exception of floodlights as allowed by special exception. Floodlights are permitted to be used to illuminate landscape features or building facades, as long as such floodlights are shielded and aimed so that the light is directed toward the functional area being illuminated and in a manner that direct glare on adjoining properties does not result.
E.
These lighting requirements provide appropriate standards to ensure adequate nighttime safety and security while minimizing the spillover of light and glare on operators of motor vehicles, along pedestrians and land uses near the light source. However, it is the safety, welfare, nuisance and hazardous aspects of lighting that form the basis of these regulations.
F.
Exterior lighting shall be provided in residential developments, parking areas, pedestrian sidewalks and walkways and nonresidential driveway intersections in accordance with the following standards. Lighting used for security purposes shall also conform to the following standards. Exterior lighting shall meet one of the following standards:
(1)
It shall be the responsibility of the developer to provide lighting in the development. The lighting shall meet the requirements of the criteria listed herein and shall illuminate both the sidewalk area and the adjoining roadway.
(a)
Full cutoff fixtures. Where a fixture is located so that the bare light bulb, lamp, or light source is completely shielded from the direct view of an observer five feet above the ground at the point where the cutoff angle intersects the ground, then the range of permitted average illuminance and the maximum permitted luminaire height shall be:
Zoning District | Range of Permitted Average Illuminance (footcandles) | Maximum Permitted Height of Luminaire (feet) | |
|---|---|---|---|
Low Density Residential (LDR) | 0.5 - 1.0 | 25 | |
Medium Density Residential (MDR) | 0.75 - 1.5 | 30 | |
Town Center Residential (TCR) | 2.0 - 3.0 | 30 | |
Town Center Mixed Use (TCMU) | 2.0 - 3.0 | 30 | |
Commercial Industrial (CI) | |||
- Commercial uses | 2.0 - 3.0 | 35 | |
- Industrial uses | 3.0 - 5.0 | 60 | |
G.
Alternative standards for specified uses.
(1)
Because of their unique requirements for night time visibility and their limited hours of operation, public and private recreational uses such as ball diamonds, playing fields, tennis courts and volleyball courts are exempt from the above requirements.
(2)
Outdoor public and private recreational uses specified above shall not exceed a maximum permitted post height of 100 feet.
(3)
Outdoor public and private recreational uses may exceed a total cutoff angle of 90°, provided that the luminaire is shielded to prevent light and glare spillover to adjacent residential uses.
(4)
Low-level pedestrian lighting (bollards) for sidewalks should be provided but will not be required provided that the lighting levels are consistent with the criteria listed above and listed in this paragraph. The lighting shall be provided for safety and security up to the entrance/exit of the nonresidential building.
(5)
Low-level sidewalk illumination for residential uses shall be exempt from these standards.
I.
Any lighting plan submitted for review shall contain at a minimum the following information:
(1)
Fixture details, including manufacturer with part number, pole height, lamp wattage, etc.
(2)
Fixture schedule that includes all fixture types and mounting arrangements.
(3)
Statistical table, including maximum/minimum ratio, average/minimum ratio, average value, maximum value, minimum value.
(4)
Photometric plan, including footcandle values at the property line and footcandle values in the parking, driving and walking areas.
J.
Exterior lighting, except for overhead street lighting and warning, emergency, or traffic signals, shall be installed in such a manner that the light source will be sufficiently obscured to prevent glare on public streets and walkways or into any residential area. The installation or erection of any lighting which, may be confused with warning signals. Emergency signals or traffic signals shall be unlawful. No lighting installation shall cause illumination in excess of 0.5 footcandle measured at the property line.
K.
Measurement. Lighting levels shall be measured in footcandles. Measurement shall be taken with a direct reading portable light meter or by light-reading equipment as recommended by the Borough Engineer.
L.
Method. Upon notice of a potential violation, readings shall be taken by qualified personnel so that the light-reading meter has been exposed long enough to provide a constant reading. Measurements shall be made after dark with the light sources in question on, then with the same sources off. The difference between the two readings shall be compared to the maximum permitted illumination at the property line at ground level. This procedure eliminates the effects of moonlight and other ambient light.
§ 204-34 Performance standards for Commercial/Industrial District uses.
This section shall apply to all uses permitted within the Commercial/Industrial District. Compliance with these performance standards shall be the on-going responsibility of the industrial or commercial land owner. Further, failure to maintain compliance with these performance standards shall result in action being taken as prescribed in § 204-71.
A.
Industrial use standards. The following standards shall apply to all, or other similar uses in § 204-27B and D. Where any of these standards conflict with a state or federal law or regulation, the state or federal law or regulation shall take precedent.
(2)
Drainage. No stormwater or natural drainage which originates on the property or water generated by the activity, e.g. air conditioners, swimming pools, shall be diverted across property lines unless transported in an approved or existing drainage system.
(3)
Electricity. Electric or electronic equipment shall be shielded so there is not interference with any radio or television reception at the lot line or beyond as the result of the operation of such equipment.
(4)
Glare. No use shall produce a strong dazzling light or a reflection of a strong dazzling light or glare beyond its lot lines. Exterior lighting shall be shielded, buffered, and directed so that glare will not become a nuisance to adjoining properties, adjoining districts, or streets.
(5)
Radioactivity. A proposed activity in this district shall not emit any dangerous radioactivity as determined by applicable current state and federal regulations at any point of the site.
(6)
Vibration. There shall be no vibration which is discernable to the human sense of feeling beyond the immediate site on which such use is conducted.
(7)
Fire and explosion hazard. All activities shall be carried out in buildings, structures, and improvements which conform to the standards of the National Board of Fire Underwriters. Furthermore, protection against fire and explosion shall be based upon the advice of the Adams County Fire Marshal and the local fire company serving the area of the site.
(8)
Traffic control. All design traffic volumes shall be determined by accepted procedures of the Pennsylvania Department of Transportation. The design hourly volume and the average annual daily traffic count data shall be used as a basis of computation. Geometric design features shall be consistent with the design speeds and capacities of the streets serving the site. Minimum stopping, turning, and passing site distances shall be determined. Grade, alignments, lanes, slopes, clearances, and other street standards shall be consistent with the Abbottstown Borough SALDO, and all state and/or federal street and traffic safety design regulations. Anticipated traffic generation shall not exceed the design volume of the street or streets serving the site and surrounding area, unless appropriate provisions to upgrade and construct necessary street provisions consistent with Borough road specifications.
(9)
Storage of explosives or flammable substances and waste disposal.
(a)
No highly flammable or explosive liquids, solids, or gases shall be stored in bulk above the ground except in structures according to the commonwealth and federal specifications.
(b)
All outdoor storage facilities for fuel shall be enclosed by an approved safety fence to prevent access thereto by unauthorized individuals.
(c)
All materials or wastes which might cause fumes, constitute a fire hazard, or attract rodents or insects may only be stored if enclosed in buildings or containers which are adequate to eliminate such hazards.
(d)
Areas for the sale or rental of propane tanks shall conform to the requirements of § 204-31K(7).
(10)
Noise control. The sound level of any use within this district shall not exceed, at any point along the boundary of the lot on which the use is to be undertaken, federal standards, except for emergency alarm systems. Sound levels shall be projected in accordance with similar or identical operations or uses and shall be measured with a sound level meter and associated octave band analyzer manufactured according to standards prescribed by the American Standards Association. Measurements shall be made using the same measuring system which may now or hereafter be utilized by state or federal agencies for similar or identical measurements.
(11)
Odor control. There shall be no emission of odorous gases or other odorous material of any nature in such quantities as to be offensive. Similar operations or processes may be compared to determine compliance with this Subsection. This Subsection shall not apply to the storage or application of manure by agricultural operations in this district. For measurement of the amount of particles discharged as set forth above, measurement procedures shall follow those employed by the Pennsylvania Department of Environmental Protection for similar or identical measurements.
(12)
Dust, fumes, vapor, and gas control. The emission of dust, dirt, fly ash, fumes, vapors, or gases of any nature which can cause any damage to human health, to animals, or to vegetation or other forms of property, or which can cause soiling or staining of persons or property at any point beyond the lot line of the use creating such emission is hereby prohibited. Similar processes or facilities may be compared to determine compliance with this subsection. For measurement for the amount of particles discharged as set forth above, measurement procedures shall follow those employed by the Pennsylvania Department of Environmental Protection for similar or identical measurements.
(13)
Liquid and solid waste. No operation shall discharge wastes of any kind into a surface water or groundwater source. All methods of waste disposal shall be approved by the Department of Environmental Protection. Such evidence of approval shall be provided.
B.
Nonresidential building design standards. The following design standards shall apply to commercial and office buildings that exceed 20,000 gross square feet of floor area.
(1)
Facades and exterior walls.
(a)
Facades greater than 100 feet in length, measured horizontally, shall incorporate wall plane projections or recesses having a depth of a least 3% of the length of the facade and extending at least 20% of the length of the facade. No uninterrupted length of any facade shall exceed 100 horizontal feet.
(b)
Detail features. Building facades must include a repeating pattern that includes no less than three of the following elements, with a least one of the following elements [1], [2] or [3] repeating horizontally:
(c)
For retail establishments, ground floor facades that face public streets shall have arcades, awnings/canopies, fascias, display windows, entry areas, or other such features along no less than 60% of their horizontal length.
(2)
Windows. For retail establishments, all building facades facing a public right-of-way must adhere to the following window requirements:
(3)
Roofs. Roofs shall have no less than two of the following features:
(a)
Parapets concealing flat roofs and rooftop equipment such as HVAC units from public view. The average height of such parapets shall not exceed 15% of the height of the supporting wall and such parapets shall not at any point exceed 1/3 of the height of the supporting wall. Such parapets shall feature three-dimensional cornice treatment.
(b)
Overhanging eaves, extending no less than three feet past the supporting walls.
(c)
Sloping roofs.
(d)
Three or more roof slope planes.
(e)
Green roofs. If this option is selected, no other roof option is required.
(4)
Materials and colors.
(a)
Predominant exterior building materials shall be high-quality materials, including; but not limited to, brick, sandstone, other native stone, and tinted/textured concrete masonry units.
(b)
Facade colors shall be low reflectance, subtle, neutral or earth tone colors. The use of high-intensity colors, metallic colors, black or fluorescent colors are prohibited.
(c)
Building trim and accent areas may feature brighter colors, including primary colors.
(d)
Exterior building materials shall not include smooth-faced concrete block, precast concrete panels (tilt-up concrete panels) that are not exposed aggregate, hammered, embossed, imprinted, sandblasted or covered with a cement-based acrylic coating, or prefabricated metal panels with a depth of less than one inch or a thickness less than U.S. standard 26 gauge.
(5)
Entryways. Every retail establishment shall have clearly defined, highly visible customer entrances featuring no less than three of the following:
(a)
Canopies or porticos.
(b)
Overhangs.
(c)
Recesses/projections.
(d)
Arcades.
(e)
Raised corniced parapets over the door.
(f)
Peaked roof forms.
(g)
Arches.
(h)
Outdoor patios.
(i)
Display windows.
(j)
Architectural details such as tile work and moldings which are integrated into the building structure and design.
(k)
Integral planters or wing walls that incorporate landscaped areas and/or places for sitting.
(6)
Mechanical equipment.
(a)
To the maximum extent practical, all roof-mounted and ground-mounted mechanical equipment shall be screened from view or isolated so as not to be visible from any public right-of-way or residential district or uses within 150 feet of the subject property, measured from a point five feet above grade. Roof screens, when used, shall be coordinated with the building to maintain a unified appearance.
(b)
Mechanical equipment and open storage areas shall be screened from public streets, alleys, paths, private streets and abutting lots to a maximum height of six feet. When solid screening is used, the materials shall be compatible with the building.
§ 204-35 Community greens.
This section shall apply to all new residential developments involving 20 or more new residential dwelling units.
A.
Community greens shall be provided in accordance with the following standards.
Number of Proposed Dwelling Units | Minimum Width | Minimum Area | Number of Required Community Greens |
|---|---|---|---|
20 to 39 | 200 feet | 1 acre | 1 |
40 and over | 200 feet | 1 acre | 1 per 20 dwelling units or portion thereof |
B.
Community greens shall be designed to achieve the following requirements.
(1)
The ratio of length to width or width to length of a community greens shall not exceed 2:1.
(2)
Community greens shall be incorporated into a grid street pattern and must be surrounded on at least three sides by neighborhood streets and by dwelling units that face said community green.
(3)
The sidewalk system of the proposed residential development shall be designed in a manner that connects it to the community green area from all sides.
(4)
Community greens shall be designed to resemble a traditional town square or plaza area. Within each community green, at least one major focal point, such as a band shell, gazebo, community garden, sculpture garden, fountain, picnic shelter, or similar feature that can serve as a community gathering place shall be provided.
(5)
Community greens shall not include stormwater management facilities unless said facility is integrated into the landscaping plan for the community.
(6)
Documentation shall be provided that demonstrates, to the satisfaction of the Borough Solicitor, how all community greens will be owned and maintained and that confirms who will perform said ownership and maintenance function.