Bradford Woods City Zoning Code
ARTICLE III
General Regulations
§ 225-18 Nonconforming uses and structures.
The following provisions shall apply to all nonconforming uses and structures:
A.
No nonconforming structure nor any nonconforming use shall be changed except to the extent that any change is in compliance with the terms of this chapter.
B.
Any nonconforming structure damaged by fire, flood, collapse, explosion, or other casualty may be reconstructed and used as before to the extent that the total cost of restoration of the nonconforming structure to the condition it was before the occurrence is less than 50% of the total cost to reconstruct the entire nonconforming structure and provided that:
(1)
Such reconstruction is completed within 12 months of such casualty;
(2)
The restored nonconforming structure has no greater lot coverage or height and contains no greater cubic content than before such casualty; and
(3)
The restored nonconforming structures does not increase any nonconformity of the structure with the provisions of this chapter.
C.
In the event that any nonconforming use, conducted in a structure or otherwise, is abandoned, such nonconforming use shall not be resumed. A nonconforming use will be presumed abandoned if such use ceases for a period of more than six months.
D.
A nonconforming structure may not be reconstructed or replaced except as provided in Subsection B.
E.
No such structure may be enlarged or structurally altered in a way that would increase its nonconformity except through a variance granted by the Zoning Hearing Board which may authorize reasonable modifications.
[Amended 3-8-2004 by Ord. No. 388[1]]
[1]
Editor's Note: This ordinance also repealed former Subsection F, which immediately followed this subsection and provided for the expansion of nonconforming uses.
§ 225-19 Accessory uses.
[Amended 10-13-2003 by Ord. No. 386; 9-10-2007 by Ord. No. 412; 3-9-2015 by Ord. No. 444; 7-9-2018 by Ord. No. 457; 10-14-2019 by Ord. No. 461; 6-9-2025 by Ord. No. 474]
A.
Swimming pool.
(1)
Every private swimming. pool shall be enclosed by a fence constituting a barrier to small children, at least five feet in height and with a gate in said fence which shall be locked when the pool is not in use by or under the supervision of the owner or other designated responsible person of the premises upon which it is installed. Private swimming pools of the aboveground type which have vertical walls of at least five feet from ground level and removable steps shall not be required to be fenced.
(2)
A self-closing, latching gate which is lockable shall be provided in the fence as required above.
(4)
All pools, above or below ground, shall be considered a structure and require a building or zoning permit as applicable.
(5)
All swimming pools, above or below ground, shall adhere to the applicable setback requirements for accessory structures and shall only be located in a side or rear yard.
B.
Satellite dishes. The following provisions shall govern the location, size and height for satellite dish antennas as defined in this chapter:
(1)
In any residential zoning district, ground-mounted satellite dish antennas up to five feet in diameter may be permitted subject to the following criteria:
(a)
All installations must comply with all accessory use, yard, height, and setback requirements specified within the respective zoning district. However, in no case shall installations be located in front yards or within 20 feet of side lot and 50 feet of rear lot property lines or exceed a height of 15 feet.
(2)
In any residential zoning district, roof-mounted satellite dish antennas up to five feet in diameter may be permitted as a conditional use under Article IV, subject to the following additional criteria:
C.
Home business/occupations. In any residential district, a gainful occupation or profession conducted by a member of the immediate family owning and residing on the premises may use parts of the dwelling for a home occupation, provided that all of the following conditions are met and a permit and fee are issued by the Zoning Officer:
(1)
Such occupation or profession shall be clearly incidental and subordinate to the use of the property as a residence.
(2)
Such occupation or profession shall be of a nature or type historically and customarily carried on within a dwelling unit.
(3)
The home occupation shall be conducted wholly within the dwelling and shall not occupy more than 25% of the gross area of a single floor, nor a total area of more than 300 square feet.
(4)
The home occupation use of the dwelling shall not change the character thereof or show any exterior evidence of such secondary use. No signage of any type is permitted. There shall be no display or sale of retail goods.
(5)
The home occupation shall not make use of any machinery or equipment other than normal domestic or household machinery or equipment.
(6)
Any home occupation which may create objectionable smoke, fumes, odors, dust, noise, vibration, electrical interference, glaring lights, visual blight, more than normal residential traffic or other objectionable affects shall be prohibited.
(7)
When the occupation or profession is of the type whose operations require it, one person not residing in such dwelling may be employed.
(8)
All parking shall be off-street and one off-street space shall be provided in addition to that required of the residence unit.
(9)
Only one home occupation per dwelling unit is permitted.
(10)
No such home occupation shall require exterior or interior structural alterations of any existing dwelling.
(11)
All deliveries of supplies and materials for the home occupation by commercial vehicles shall occur only within the hours of 9:00 a.m. and 5:00 p.m. on Mondays through Saturdays, excluding national holidays.
(12)
The business may not involve any illegal activity.
D.
Wireless communications facilities.
(1)
General requirements for all non-tower wireless communications facilities.
(a)
The following regulations shall apply to all non-tower wireless communications facilities located within the Borough, including those inside the public rights-of-way:
[1]
Permitted in all zones subject to regulations. Non-tower WCFs are permitted in all zones subject to the restrictions and conditions prescribed below and subject to applicable permitting by the Borough.
[2]
Prohibited on certain structures. Commercial non-tower WCFs shall not be located on single-family detached residences, single-family attached residences, or any accessory residential structure.
[3]
Standard of care. Any non-tower WCF shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related codes, including but not limited to the most-recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, and National Electrical Code. Any WCF shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property in the Borough.
[4]
Wind. All non-tower WCF structures shall be designed to withstand the effects of wind according to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association and Telecommunications Industry Association (ANSI/EIA-222-E, as amended).
[5]
Aviation safety. Non-tower WCFs shall comply with all federal and state laws and regulations concerning aviation safety.
[6]
Public safety communications. No non-tower WCF shall interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.
[7]
Radio frequency emissions. No non-tower WCF may, by itself or in conjunction with other WCFs, generate radio frequency emissions in excess of the standards and regulations of the FCC, including, but not limited to, the FCC Office of Engineering Technology Bulletin 65, entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended.
[8]
Removal. In the event that use of a non-tower WCF is discontinued, the owner shall provide written notice to the Borough of its intent to discontinue use and the date when the use shall be discontinued. Unused or abandoned WCFs or portions of WCFs shall be removed as follows:
[a]
All abandoned or unused WCFs and accessory facilities shall be removed within two months of the cessation of operations at the site, unless a time extension is approved by the Borough.
[b]
If the WCF or accessory facility is not removed within two months of the cessation of operations at a site, or within any longer period approved by the Borough, the WCF and/or associated facilities and equipment may be removed by the Borough and the cost of removal assessed against the owner of the WCF.
[9]
Insurance. Each person that owns or operates a non-tower WCF shall provide the Borough with a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering the non-tower WCF.
[10]
Indemnification. Each person that owns or operates a non-tower WCF shall, at its sole cost and expense, indemnify, defend and hold harmless the Borough, its elected and appointed officials, employees and agents, at all times against any and all claims for personal injury, including death, and property damage arising in whole or in part from, caused by or connected with any act or omission of the person, its officers, agents, employees or contractors arising out of, but not limited to, the construction, installation, operation, maintenance or removal of the non-tower WCF. Each person that owns or operates a non-tower WCF shall defend any actions or proceedings against the Borough in which it is claimed that personal injury, including death, or property damage was caused by the construction, installation, operation, maintenance or removal of a non-tower WCF. The obligation to indemnify, hold harmless and defend shall include, but not be limited to, the obligation to pay judgments, injuries, liabilities, damages, reasonable attorneys' fees, reasonable expert fees, court costs and all other costs of indemnification.
[11]
Maintenance. To the extent permitted by law, the following maintenance requirements shall apply:
[a]
The non-tower WCF shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair.
[b]
Such maintenance shall be performed to ensure the upkeep of the facility in order to promote the safety and security of the Borough's residents.
[c]
All maintenance activities shall utilize nothing less than the best available technology for preventing failures and accidents.
(b)
In addition to the regulations in Subsection D(1)(a), the following additional regulations shall apply to all non-tower wireless communications facilities that do not substantially change the physical dimensions of the wireless support structure to which they are attached, or to which the PA WBCA is applicable:
[1]
Permit required. Applicants proposing the modification of an existing tower-based WCF shall obtain a building permit from the Borough Zoning Office. In order to be considered for such, the applicant must submit a permit application to the Borough Zoning Office.
[2]
Timing of approval. Within 30 calendar days of the date that an application for a non-tower WCF is filed with the Borough, the Borough shall notify the applicant, in writing, of any information that may be required to complete such application. Within 60 calendar days of receipt of a complete application, the Borough shall make its final decision on whether to approve the application and shall advise the applicant, in writing, of such decision. If additional information was requested by the Borough to complete an application, the time required by the applicant to provide the information shall not be counted toward the Borough's sixty-day review period.
[3]
Permit fees. The Borough may assess appropriate and reasonable permit fees directly related to the Borough's actual costs in reviewing and processing the application for approval of a non-tower WCF or $1,000, whichever is less.
(c)
In addition to the regulations in Subsection D(1)(a), the following additional regulations shall apply to all non-tower wireless communications facilities that substantially change the wireless support structure to which they are attached, or to which the PA WBCA is not applicable:
[1]
Permit required. Any applicant proposing the construction of a new non-tower WCF, or the modification of an existing non-tower WCF, shall first obtain a building permit from the Borough Zoning Office. New construction and modifications shall be prohibited without such a permit. After receipt of the permit application, the Borough Zoning Officer shall determine whether zoning relief is necessary under the Borough Code.
[2]
Historic buildings. No non-tower WCF may be located on a building or structure that is listed on either the National or Pennsylvania Register of Historic Places, is listed on the official historic structures and/or historic districts list maintained by the Borough, or has been designated by the Borough to be of historical significance.
[3]
Retention of experts. The Borough may hire any consultant(s) and/or expert(s) necessary to assist the Borough in reviewing and evaluating the application for approval of the WCF and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of this Subsection D. The applicant and/or owner of the WCF shall reimburse the Borough for all costs of the Borough's consultant(s) in providing expert evaluation and consultation in connection with these activities.
[4]
Permit fees. The Borough may assess appropriate and reasonable permit fees directly related to the Borough's actual costs in reviewing and processing the application for approval of a non-tower WCF, as well as related inspection, monitoring and related costs.
(2)
Non-tower wireless facilities outside the rights-of-way. In addition to the regulations in Subsection D(1)(a), the following additional regulations shall apply to non-tower wireless communications facilities located outside the rights-of-way that substantially change the wireless support structure to which they are attached:
(a)
Development regulations. Non-tower WCFs shall be co-located on existing structures, such as existing buildings or tower-based WCFs, if possible, subject to the following conditions:
[1]
Such WCF does not exceed the lesser of a total maximum height of 15 feet or the maximum height permitted in the underlying zoning district. If the planned non-tower WCF exceeds this height specification, the WCF applicant shall obtain a variance.
[2]
If the WCF applicant proposes to locate the related equipment in a separate building, the building shall comply with the minimum requirements for the applicable zoning district and commercial accessory buildings.
[3]
A security fence of not less than six feet shall surround any separate communications equipment building. Vehicular access to the communications equipment building shall not interfere with the parking or vehicular circulation on the site for the principal use.
(b)
Conditional use authorization required. If co-location of the non-tower WCF on an existing support structure is not technologically feasible, the applicant shall submit a conditional use application to the Borough Zoning Office. Such application shall demonstrate that the proposed facility satisfies all of the requirements set forth in the Borough of Bradford Woods Zoning Code. New, non-co-located facilities shall not be permitted without conditional use approval from the Borough Council.
(c)
Design regulations.
[1]
Non-tower WCFs shall employ stealth technology and be treated to match the supporting structure in order to minimize aesthetic impact. The application of the stealth technology chosen by the WCF applicant shall be subject to the approval of the Borough.
[2]
The total height of any support structure and mounted WCF shall not exceed the maximum height permitted in the underlying zoning district, unless the applicant obtains a special exception.
[3]
In accordance with industry standards, all non-tower WCF applicants must submit documentation to the Borough justifying the total height of the non-tower structure. Such documentation shall be analyzed in the context of such justification on an individual basis.
[4]
Noncommercial usage exemption. Borough citizens utilizing satellite dishes, ham radios, and antennas for the purpose of maintaining television, phone, and/or internet connections at their respective residences shall be exempt from the siting and design regulations enumerated in this Subsection D.
(d)
Removal, replacement, modification.
[1]
The removal and replacement of non-tower WCFs and/or accessory equipment for the purpose of upgrading or repairing the WCF is permitted, so long as such repair or upgrade does not increase the overall size of the WCF or the number of antennas.
[2]
Any material modification to a wireless telecommunication facility shall require a prior amendment to the original permit or authorization.
(e)
Reservation of rights. In accordance with applicable law, the Borough reserves the right to deny an application for the construction or placement of any non-tower WCF for numerous factors, which include, but are not limited to, visual impact, design, and safety standards.
(f)
Inspection. The Borough reserves the right to inspect any WCF to ensure compliance with the provisions of this Subsection D and any other provisions found within the Borough Code or state or federal law. The Borough and/or its agents shall have the authority to enter the property upon which a WCF is located at any time, upon reasonable notice to the operator, to ensure such compliance.
(3)
Non-tower wireless facilities in the rights-of-way. In addition to the regulations in Subsection D(1)(a), the following additional regulations shall apply to all non-tower wireless communications facilities located in the rights-of-way:
(a)
Co-location. Non-tower WCFs in the ROW shall be co-located on existing poles, such as existing utility poles or light poles. Co-located facilities shall be permitted by right. If co-location is not technologically feasible, the applicant shall locate its non-tower WCFs on existing poles or structures that do not already act as support structures.
(b)
Conditional use authorization required. If co-location of the non-tower WCF on an existing support structure is not technologically feasible, the applicant shall submit a conditional use application to the Borough Zoning Office. New, non-co-located facilities shall not be permitted without conditional use approval from the Borough Council.
(c)
Design requirements:
[1]
WCF installations located above the surface grade in the public ROW, including, but not limited to, those on streetlights and joint utility poles, shall consist of equipment components that are no more than six feet in height and that are compatible in scale and proportion to the structures upon which they are mounted. All equipment shall be the smallest and least visibly intrusive equipment feasible.
[2]
Antennas and all support equipment shall be treated to match the supporting structure. WCFs and accompanying equipment shall be painted, or otherwise coated, to be visually compatible with the support structure upon which they are mounted.
(d)
Time, place and manner. The Borough shall determine the time, place and manner of construction, maintenance, repair and/or removal of all non-tower WCFs in the ROW based on public safety, traffic management, physical burden on the ROW, and related considerations. For public utilities, the time, place and manner requirements shall be consistent with the police powers of the Borough and the requirements of the Public Utility Code.
(e)
Equipment location. Non-tower WCFs and accessory equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, or to otherwise create safety hazards to pedestrians and/or motorists or to otherwise inconvenience public use of the ROW as determined by the Borough. In addition:
[1]
In no case shall ground-mounted equipment, walls, or landscaping be located within 18 inches of the face of the curb or within an easement extending onto a privately owned lot.
[2]
Ground-mounted equipment that cannot be undergrounded shall be screened, to the fullest extent possible, through the use of landscaping or other decorative features to the satisfaction of the Borough.
[3]
Any graffiti on the WCF or accessory equipment shall be removed at the sole expense of the owner within 10 business days of notice of the existence of the graffiti.
[4]
Any proposed underground vault related to non-tower WCFs shall be reviewed and approved by the Borough.
(f)
Relocation or removal of facilities. Within 60 days following written notice from the Borough, or such longer period as the Borough determines is reasonably necessary, or such shorter period in the case of an emergency, an owner of a WCF in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any WCF when the Borough, consistent with its police powers and applicable Public Utility Commission regulations, shall have determined that such removal, relocation, change or alteration is reasonably necessary under the following circumstances:
[1]
The construction, repair, maintenance or installation of any Borough or other public improvement in the 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.
(g)
Reservation of rights. In accordance with applicable law, the Borough reserves the right to deny an application for the construction or placement of any non-tower WCF for numerous factors, which include, but are not limited to, visual impact, design, and safety standards.
(4)
General requirements for all tower-based wireless communications facilities. The following regulations shall apply to all tower-based wireless communications facilities in the Borough:
(a)
Standard of care. Any tower-based WCF shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related codes, including, but not limited to, the most-recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, National Electrical Code, as well as the accepted and responsible workmanlike industry practices of the National Association of Tower Erectors. Any tower-based WCF shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property in the Borough.
(b)
Notice. Upon submission of an application for a tower-based WCF, the applicant shall mail notice to all owners of every property within 250 feet of the proposed facility. The applicant shall provide proof of the notification to the Borough.
(c)
Conditional use authorization required. Tower-based WCFs are permitted in certain zoning districts by conditional use and at a height necessary to satisfy their function in the WCF applicant's wireless communications system. No WCF applicant shall have the right under these regulations to erect a tower to the maximum height specified in this section unless it proves the necessity for such height. The WCF applicant shall demonstrate that the antenna/tower/pole for the tower-based WCF is the minimum height necessary for the service area.
[1]
Prior to Council's approval of a conditional use authorizing the construction and installation of a tower-based WCF, it shall be incumbent upon the WCF applicant for such conditional use approval to prove to the reasonable satisfaction of the Board of Supervisors that the WCF applicant cannot adequately extend or infill its communications system by the use of equipment such as redoes, repeaters, antenna(s) and other similar equipment installed on existing structures, such as utility poles or their appurtenances and other available tall structures. The WCF applicant shall further demonstrate that the proposed tower-based WCF must be located where it is proposed in order to serve the WCF applicant's service area and that no other viable alternative location exists.
[2]
The conditional use application shall be accompanied by a propagation study evidencing the need for the proposed tower or other communication facilities and equipment, a description of the type and manufacturer of the proposed transmission/radio equipment, the frequency range (megahertz band) assigned to the WCF applicant, the power in watts at which the WCF applicant transmits, and any relevant related tests conducted by the WCF applicant in determining the need for the proposed site and installation.
[3]
The conditional use application shall also be accompanied by documentation demonstrating that the proposed tower-based WCF complies with all state and federal laws and regulations concerning aviation safety, where applicable.
[4]
Where the tower-based WCF is located on a property with another principal use, the WCF applicant shall present documentation to Council that the owner of the property has granted an easement for the proposed WCF and that vehicular access will be provided to the facility.
[5]
The conditional use application shall also be accompanied by documentation demonstrating that the proposed tower-based WCF complies with all applicable provisions in this section.
(d)
Co-location and siting. An application for a new tower-based WCF shall demonstrate that the wireless communications equipment planned for the proposed tower-based WCF cannot be accommodated on an existing or approved structure or building or on Borough property. The applicant shall demonstrate that it contacted the owners of tall structures, buildings, and towers within a one-fourth mile radius of the site proposed, sought permission to install an antenna on those structures, buildings, and towers and was denied for one of the following reasons:
[1]
The proposed antenna and related equipment would exceed the structural capacity of the existing building, structure or tower, and its reinforcement cannot be accomplished at a reasonable cost.
[2]
The proposed antenna and related equipment would cause radio frequency interference with other existing equipment for that existing building, structure, or tower, and the interference cannot be prevented at a reasonable cost.
[3]
Such existing buildings, structures, or towers do not have adequate location, space, access, or height to accommodate the proposed equipment or to allow it to perform its intended function.
[4]
A commercially reasonable agreement could not be reached with the owner of such building, structure, or tower.
(e)
Permit required for modifications. Any applicant proposing the modification of an existing tower-based WCF, which increases the overall height of such WCF, shall first obtain a zoning permit from the Borough Zoning Office. Nonroutine modifications shall be prohibited without a zoning permit.
(f)
Gap in coverage. An applicant for a tower-based WCF must demonstrate that a significant gap in wireless coverage exists with respect to all wireless operators in the applicable area and that the type of WCF being proposed is the least-intrusive means by which to fill that gap in wireless coverage. The existence or nonexistence of a gap in wireless coverage shall be a factor in the Borough's decision on an application for approval of tower-based WCFs.
(g)
Additional antennas. As a condition of approval for all tower-based WCFs, the WCF applicant shall provide the Borough with a written commitment that it will allow other service providers to co-locate antennas on tower-based WCFs where technically and economically feasible. The owner of a tower-based WCF shall not install any additional antennas without obtaining the prior written approval of the Borough.
(h)
Wind. Any tower-based WCF structures shall be designed to withstand the effects of wind according to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association and Telecommunications Industry Association (ANSI/EIA-222-E, as amended).
(i)
Siting. No tower-based WCF shall be sited or constructed within 1,500 feet of any other tower-based WCF in the Borough.
(j)
Height. Any tower-based WCF shall be designed at the minimum functional height. All tower-based WCF applicants must submit documentation to the Borough justifying the total height of the structure. The maximum total height of any tower-based WCF which is not located in the public ROW shall not exceed 100 feet, as measured vertically from the ground level to the highest point on the structure, including antennas and subsequent alterations. Equipment buildings, cabinets, and accessory structures shall not exceed 15 feet in height.
(k)
Related equipment. A telecommunication equipment building, or any other structure associated with a tower-based WCF, shall meet the height and setback requirements for principal structures in the zoning district in which the building is located.
(l)
Public safety communications. No tower-based WCF shall interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.
(m)
Maintenance. The following maintenance requirements shall apply:
[1]
Any tower-based WCF shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair.
[2]
Such maintenance shall be performed to ensure the upkeep of the facility in order to promote the safety and security of the Borough's residents.
[3]
All maintenance activities shall utilize nothing less than the best available technology for preventing failures and accidents.
(n)
Radio frequency emissions. No tower-based WCF may, by itself or in conjunction with other WCFs, generate radio frequency emissions in excess of the standards and regulations of the FCC, including, but not limited to, the FCC Office of Engineering Technology Bulletin 65, entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended.
(o)
Historic buildings or districts. No tower-based WCF may be located on a building or structure that is listed on either the National or Pennsylvania Register of Historic Places, or eligible to be so listed, or is included on the official historic structures and/or historic districts list maintained by the Borough.
(p)
Signs. All tower-based WCFs shall post a sign in a readily visible location identifying the name and phone number of a party to contact in the event of an emergency. Absent controlling FAA or FCC regulations, no additional signage shall be permitted on the tower-based WCF.
(q)
Lighting. No tower-based WCF shall be artificially lighted, except as required by law. Towers shall be galvanized and/or painted with a rust-preventive paint of an appropriate color to harmonize with the surroundings. If lighting is required, the applicant shall provide a detailed plan for sufficient lighting, demonstrating as unobtrusive and inoffensive an effect as is permissible under state and federal regulations.
(r)
Noise. Tower-based WCFs shall be operated and maintained so as not to produce noise in excess of applicable noise standards under state law and the Borough Code, except in emergency situations requiring the use of a backup generator, where such noise standards may be exceeded on a temporary basis only.
(s)
Aviation safety. Tower-based WCFs shall comply with all federal and state laws and regulations concerning aviation safety.
(t)
Retention of experts. The Borough may hire any consultant(s) and/or expert(s) necessary to assist the Borough in reviewing and evaluating the application for approval of the tower-based WCF and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of this Subsection D. The applicant and/or owner of the WCF shall reimburse the Borough for all costs of the Borough's consultant(s) in providing expert evaluation and consultation in connection with these activities.
(u)
Timing of approval. Within 30 calendar days of the date that an application for a tower-based WCF is filed with the Borough, the Borough shall notify the applicant, in writing, of any information that may be required to complete such application. All applications for tower-based WCFs shall be acted upon within 150 days of the receipt of a fully completed application for the approval of such tower-based WCF, and the Borough shall advise the applicant, in writing, of its decision. If additional information was requested by the Borough to complete an application, the time required by the applicant to provide the information shall not be counted toward the one-hundred-fifty-day review period.
(v)
Nonconforming uses. Nonconforming tower-based WCFs which are hereafter damaged or destroyed due to any reason or cause may be repaired and restored at their former location but must otherwise comply with the terms and conditions of this Subsection D.
(w)
Removal. In the event that use of a tower-based WCF is planned to be discontinued, the owner shall provide written notice to the Borough of its intent to discontinue use and the date when the use shall be discontinued. Unused or abandoned WCFs or portions of WCFs shall be removed as follows:
[1]
All unused or abandoned tower-based WCFs and accessory facilities shall be removed within six months of the cessation of operations at the site, unless a time extension is approved by the Borough.
[2]
If the WCF and/or accessory facility is not removed within six months of the cessation of operations at a site, or within any longer period approved by the Borough, the WCF and accessory facilities and equipment may be removed by the Borough and the cost of removal assessed against the owner of the WCF.
[3]
Any unused portions of tower-based WCFs, including antennas, shall be removed within six months of the time of cessation of operations. The Borough must approve all replacements of portions of a tower-based WCF previously removed.
(x)
Permit fees. The Borough may assess appropriate and reasonable permit fees directly related to the Borough's actual costs in reviewing and processing the application for approval of a tower-based WCF, as well as related inspection, monitoring and related costs.
(y)
FCC license. Each person that owns or operates a tower-based WCF shall submit a copy of its current FCC license, including the name, address, and emergency telephone number for the operator of the facility.
(z)
Reservation of rights. In accordance with applicable law, the Borough reserves the right to deny an application for the construction or placement of any tower-based WCF for numerous factors, which include, but are not limited to, visual impact, design, and safety standards.
(aa)
Insurance. Each person that owns or operates a tower-based WCF greater than 40 feet in height shall provide the Borough with a certificate of insurance evidencing general liability coverage in the minimum amount of $5,000,000 per occurrence and property damage coverage in the minimum amount of $5,000,000 per occurrence covering the tower-based WCF. Each person that owns or operates a tower-based WCF 40 feet or less in height shall provide the Borough with a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering each tower-based WCF.
(bb)
Indemnification. Each person that owns or operates a tower-based WCF shall, at its sole cost and expense, indemnify, defend and hold harmless the Borough, its elected and appointed officials, employees and agents, at all times against any and all claims for personal injury, including death, and property damage arising in whole or in part from, caused by or connected with any act or omission of the person, its officers, agents, employees or contractors arising out of, but not limited to, the construction, installation, operation, maintenance or removal of the tower-based WCF. Each person that owns or operates a tower-based WCF shall defend any actions or proceedings against the Borough in which it is claimed that personal injury, including death, or property damage was caused by the construction, installation, operation, maintenance or removal of a tower-based WCF. The obligation to indemnify, hold harmless and defend shall include, but not be limited to, the obligation to pay judgments, injuries, liabilities, damages, reasonable attorneys' fees, reasonable expert fees, court costs and all other costs of indemnification.
(cc)
Engineer signature. All plans and drawings for a tower and antenna shall contain a seal and signature of a professional structural engineer licensed in the Commonwealth of Pennsylvania.
(dd)
Financial security. Prior to receipt of a zoning permit for the construction or placement of a tower-based WCF, the applicant shall provide to the Borough financial security sufficient to guarantee the removal of the tower-based WCF. Said financial security shall remain in place until the tower-based WCF is removed.
(5)
Tower-based facilities outside the rights-of-way. In addition to the regulations enumerated in Subsection D(4), the following regulations shall apply to tower-based wireless communications facilities located outside the rights-of-way:
(a)
Development regulations:
[1]
Location. No tower-based WCF shall be located in an area in which utilities are underground.
[a]
Tower-based WCFs greater than 40 feet in height shall only be located in the R-1 Residential District. Such tower-based WCFs shall not be located in, or within 75 feet of, any area in which utilities are underground.
[2]
Site requirements. A tower-based WCF may be located as permitted in the district regulations, subject to all of the conditions listed in this Subsection D.
[3]
Sole use on a lot. A tower-based WCF shall not be permitted as a sole use on a lot.
[4]
Combined with another use. A tower-based WCF may be permitted on a property with an existing use, or on a vacant parcel in combination with another use, except residential, subject to the following conditions:
[a]
The existing use on the property may be any permitted use in the applicable district and need not be affiliated with the communications facility.
[b]
Minimum lot area. The minimum lot shall comply with the requirements for the applicable district and shall be the area needed to accommodate the tower-based WCF and guy wires, the equipment building, security fence, and buffer planting if the proposed WCF is greater than 40 feet in height.
(b)
Design regulations:
[1]
The WCF shall employ the most-current stealth technology available in an effort to appropriately blend into the surrounding environment and minimize aesthetic impact. The application of the stealth technology chosen by the WCF applicant shall be subject to the approval of the Borough.
[2]
Any height extensions to an existing tower-based WCF shall require prior approval of the Borough.
[3]
Any proposed tower-based WCF shall be designed structurally, electrically, and in all respects to accommodate both the WCF applicant's antennas and comparable antennas for future users.
[4]
Any tower-based WCF over 40 feet in height shall be equipped with an anti-climbing device, as approved by the manufacturer.
(c)
Surrounding environs:
[1]
The WCF applicant shall ensure that the existing vegetation, trees and shrubs located within proximity to the WCF structure shall be preserved to the maximum extent possible.
[2]
The WCF applicant shall submit a soil report to the Borough complying with the standards of Appendix I: Geotechnical Investigations, ANSI/EIA-222-E, as amended, to document and verify the design specifications of the foundation of the tower-based WCF, and anchors for guy wires, if used.
(d)
Fence/screen:
[1]
A security fence having a minimum height of six feet shall completely surround any tower-based WCF greater than 40 feet in height, as well as guy wires, or any building housing WCF equipment.
[2]
Landscaping shall be installed to screen and buffer the tower and any ground-level features, such as an equipment building, from adjacent properties and shall be subject to the approval of the Borough.
(e)
Accessory equipment.
[1]
Ground-mounted equipment associated to, or connected with, a tower-based WCF shall be underground or screened from public view using stealth technologies, as described above.
[2]
All utility buildings and accessory structures shall be architecturally designed to blend into the environment in which they are situated and shall meet the minimum setback requirements of the underlying zoning district.
(f)
Access road. An access road, turnaround space and parking shall be provided to ensure adequate emergency and service access to a tower-based WCF. Maximum use of existing roads, whether public or private, shall be made to the extent practicable. Road construction shall at all times minimize ground disturbance and the cutting of vegetation. Road grades shall closely follow natural contours to assure minimal visual disturbance and minimize soil erosion. Where applicable, the WCF owner shall present documentation to the Borough that the property owner has granted an easement for the proposed facility.
(g)
Parking. For each tower-based WCF greater than 40 feet in height, there shall be two off-street parking spaces, or one space per employee, whichever is greater.
(h)
Inspection. The Borough reserves the right to inspect any tower-based WCF to ensure compliance with the provisions of this Subsection D and any other provisions found within the Borough Code or state or federal law. The Borough and/or its agents shall have the authority to enter the property upon which a WCF is located at any time, upon reasonable notice to the operator, to ensure such compliance.
(6)
Tower-based facilities in the rights-of-way. In addition to the regulations enumerated in Subsection D(4), the following shall apply to tower-based wireless communications facilities located in the rights-of-way:
(b)
Time, place and manner. The Borough shall determine the time, place and manner of construction, maintenance, repair and/or removal of all tower-based WCFs in the ROW based on public safety, traffic management, physical burden on the ROW, and related considerations. For public utilities, the time, place and manner requirements shall be consistent with the police powers of the Borough and the requirements of the Public Utility Code.
(c)
Equipment location. Tower-based WCFs and accessory equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, or to otherwise create safety hazards to pedestrians and/or motorists or to otherwise inconvenience public use of the ROW as determined by the Borough. In addition:
[1]
In no case shall ground-mounted equipment, walls, or landscaping be located within 18 inches of the face of the curb.
[2]
Ground-mounted equipment that cannot be undergrounded shall be screened, to the fullest extent possible, through the use of landscaping or other decorative features to the satisfaction of the Borough.
[3]
Required electrical meter cabinets shall the screened to blend in with the surrounding area to the satisfaction of the Borough.
[4]
Any graffiti on the tower or on any accessory equipment shall be removed at the sole expense of the owner within 10 business days of notice of the existence of the graffiti.
[5]
Any underground vaults related to tower-based WCFs shall be reviewed and approved by the Borough.
(d)
Design regulations.
[1]
The WCF shall employ the most-current stealth technology available in an effort to appropriately blend into the surrounding environment and minimize aesthetic impact. The application of the stealth technology chosen by the WCF applicant shall be subject to the approval of the Borough.
[2]
Tower-based WCFs in the public ROW shall not exceed 40 feet in height.
[3]
Any height extensions to an existing tower-based WCF shall require prior approval of the Borough and shall not increase the overall height of the tower-based WCF to more than 40 feet.
[4]
Any proposed tower-based WCF shall be designed structurally, electrically, and in all respects to accommodate both the WCF applicant's antennas and comparable antennas for future users.
(e)
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 tower-based WCF in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any WCF when the Borough, consistent with its police powers and applicable Public Utility Commission regulations, shall determine that such removal, relocation, change or alteration is reasonably necessary under the following circumstances:
[1]
The construction, repair, maintenance or installation of any Borough or other public improvement in the 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.
(7)
Miscellaneous.
(a)
Police powers. The Borough, by granting any permit or taking any other action pursuant to this Subsection D, does not waive, reduce, lessen or impair the lawful police powers vested in the Borough under applicable federal, state and local laws and regulations.
(b)
Severability. If any section, subsection, sentence, clause, phrase or word of this Subsection D is for any reason held illegal or invalid by any court of competent jurisdiction, such provision shall be deemed a separate, distinct and independent provision, and such holding shall not render the remainder of this Subsection D invalid.
(8)
Small cell wireless facilities review times and fees.
(a)
The following application review timeframes shall apply to small cells in lieu of any other provisions herein to the contrary:
(b)
For applications for small cells, the following shall apply in lieu of any other provisions herein to the contrary:
[1]
The following nonrefundable fees shall accompany the application:
[a]
Small cells: $500 for a single up-front application that includes up to five small wireless facilities, with an additional $100 for each small wireless facility beyond five, or $1,000 for a new tower intended to support one or more small wireless facilities, said fees to cover both zoning and building safety code approvals.
E.
Fences.
(1)
Permit required. A fence installation permit shall be obtained from the Borough prior to the start of construction. To obtain a permit an applicant shall submit the following for the Borough's review:
(a)
A completed building permit and zoning application.
(b)
Permit fee as set forth in the Borough's fee schedule as adopted by resolution.
(c)
Drawing(s) showing, at a minimum, the following features, drawn to scale, with dimensions where appropriate:
[1]
Proposed location of the fence.
[2]
Survey plan of property with all property lines and political boundaries.
[3]
Right-of-way of Borough road(s).
[4]
All utility rights-of-way on the applicant's property or on the road rights-of-way bordering the applicant's property.
[5]
Storm sewers.
[6]
Utility poles.
[7]
Fire hydrants.
[8]
Utility valve boxes.
[9]
Catch basins.
[10]
Manholes.
[11]
Storm sewer inlets and outlets.
[12]
Traffic structures (guard rail, traffic signs, curbs . . .).
(2)
Location requirements. Fence location shall meet the following criteria:
(a)
Fencing placed in the front yard, as defined in § 225-67 of the Bradford Woods Zoning Ordinance, shall be in accordance with the following requirements:
(b)
Fencing placed in the side or rear yard, as defined in § 225-67 of the Bradford Woods Zoning Ordinance, shall be in accordance with the following:
[1]
Unless otherwise stated, the maximum permitted height of fencing shall be six feet.
[2]
A fence of no more than 10 feet in height shall be allowed to enclose a private or public tennis court, or basketball or sports courts, provided that the fence is not more than 60% solid.
[3]
A fence of no more than 10 feet in height shall be allowed to enclose a school, playground or park, provided that the fence is not more than 60% solid.
[4]
A fence may be increased to eight feet in height when the installation of the fence is intended to restrict deer from a property. However, the top two feet of any such fence shall be no more than 60% solid.
[5]
The fence shall be installed so the finished side is visible from the outside of the property; all bracing shall be on the inside of the fence.
[6]
For fences higher than four feet from grade, the fence shall be located no closer than two times the height of the fence from the cartway (e.g., a four-foot-high fence cannot be closer than eight feet to the edge of the cartway).
(c)
The applicant is responsible for establishing the location of the property line. The property owner is responsible for maintenance of homeowner's property on both sides of the fence.
(e)
Fence location shall not in any way interfere with reasonable access to storm sewers, utility poles, fire hydrants, utility valve boxes, catch basins, manholes, storm sewer inlets/outlets, and traffic structures. Determination of reasonable access shall be at the discretion of Borough Manager or Code Enforcement Officer.
(f)
Fences shall not be located within the right-of-way of any public or private street.
(h)
Fences that are electrically charged in any manner or that have barbed, concertina or razor wire in or on them shall be prohibited.
§ 225-20 Signs.
No sign shall be permitted in any district except as herein provided:
A.
Permit. No sign, except a temporary sign in accordance with Subsection G or H, shall herein be erected or altered in any way unless a sign permit has been issued by the Zoning Officer. Application for sign permits shall include detailed drawings of the construction and the design of the sign, and shall be accompanied by such fee as may be required by resolution of the Council.
B.
Placement. In no event shall any sign be placed in a position that will obstruct the view of motorists or cause any other danger to motorists or pedestrians within a public right-of-way or on adjoining lots. Nor shall any sign be placed within the clear sight triangle required to be maintained at all street intersections, driveway and access way entrances onto public streets. No sign shall be placed closer than eight feet to the nearest edge of the cartway.
[Amended 6-10-2024 by Ord. No. 472]
C.
Animation. No sign shall move, flash or emit noise.
D.
Nuisance. No sign shall be constructed, located or illuminated in any manner which causes undue glare, distraction, confusion, nuisance or hazard to traffic, aircraft, or other properties.
E.
Name plate sign. One name plate sign, not exceeding two square feet in surface area and not illuminated, is permitted which announces the name and/or address of occupant.
F.
Bulletin board. One bulletin board, not illuminated except by indirect light and not exceeding 12 square feet in surface area, is permitted in connection with any public structure.
G.
Property for sale, lease. When a property is for sale, one additional temporary sign may be posted on the property being sold, leased or developed provided it is not illuminated, not less than eight feet from the nearest edge of the cartway, not in any required side or rear yard, and is no larger in surface area than six square feet.
[Amended 6-10-2024 by Ord. No. 472]
H.
Temporary and event signs. Any sign for a specific scheduled event must conform to the following requirements:
[Amended 8-8-2011 by Ord. No. 433; 6-10-2024 by Ord. No. 472]
(1)
Temporary and event signs shall not exceed three square feet in surface area.
(2)
Temporary and event signs shall be displayed for no more than 30 days prior to and removed no more than seven days following the event promoted by the sign.
(3)
Temporary and event signs may not be erected without the permission of the owners of the property on which the signs are to be displayed.
I.
Rural businesses and conditional uses: limited to one sign no larger than 12 square feet and attached to the building.
J.
[1]Public buildings and public spaces. Limited to one sign no larger than 12 square feet per side (where applicable) which can be attached to a building or freestanding. If freestanding, must be located a minimum of 50 feet from the center line of the road.
[Added 7-14-2008 by Ord. No. 418; amended 8-8-2011 by Ord. No. 433]
[1]
Editor’s Note: Former Subsection J, regarding campaign signs, was repealed 6-10-2024 by Ord. No. 472. This ordinance also renumbered former Subsection K as Subsection J.
§ 225-21 Off-street parking.
[Amended 10-13-2003 by Ord. No. 386; 6-9-2025 by Ord. No. 474]
Off-street parking spaces shall be placed in accordance with the specifications in this section in any district whenever any new use is established, or as to the new portion, whenever any existing use is enlarged.
A.
General requirements.
(1)
No off-street parking space shall have an area less than 20 feet by 10 feet exclusive of access drives.
(2)
Any off-street parking lot for more than five vehicles shall be graded for proper drainage. The surfacing material of off-street parking shall be asphalt, stone, brick, concrete or any other material as approved by Borough Council.
(3)
Any lighting used to illuminate any off-street parking lot shall be so arranged as to reflect the light away from adjoining premises and allow no glare to spill over the property line to adjacent parcels.
(4)
Parking of vehicles in a yard closer to the street than the front of a building on the lot or in a yard between the principal structure and the side lot line of the lot is prohibited except on a driveway or parking lot.
(5)
Recreational vehicles, utility trailers, watercraft and watercraft trailers may be parked on owner's private property as long as the vehicle complies with Chapter 214, Vehicles, Abandoned or Junked. In addition, the vehicle must be parked so as not to restrict visibility of traffic using any adjacent public street.
(6)
Under no circumstances are commercially licensed vehicles, having more than two axles, or in excess of one ton load capacity, permitted to be parked on residential lots except during the specific period of time when a service is being performed or provided.
(7)
No recreational vehicle shall be used for purpose of habitation while parked on an owner's property.
B.
Number of spaces required.
Use | Minimum Number of Parking Spaces Required |
|---|---|
Dwelling units | 2 for each dwelling unit exclusive of garages |
Church, school, public buildings | 1 for every 4 seats in the largest room |
Child-care center | 1 for every 400 square feet of gross floor area |
Rural stores and offices | 1 for every 200 square feet of gross floor area |
Home occupation | 1 additional off-street parking space |
§ 225-22 Performance standards.
All uses shall comply with the requirements of this section. Compliance shall be determined by the Zoning Officer with respect to permitted uses, the Zoning Hearing Board with respect to special exceptions, and by the Borough Council with respect to conditional uses. In order to determine whether a proposed use will conform to the requirements of this chapter, the Borough may obtain a qualified consultant's report whose cost for services shall be borne by the applicant.
A.
Fire protection. Fire-prevention and -fighting equipment acceptable to the Allegheny County Fire Marshal shall be readily available when any activity involving the handling of storage or flammable or explosive material is carried on.
B.
Electrical disturbances. No activity shall cause electrical disturbances adversely affecting radio or other equipment in the vicinity.
C.
Noise. Noise which is determined to be objectionable because of volume, frequency, or beat shall be muffled or otherwise controlled, except that fire sirens and related apparatus used solely for public purposes shall be exempt from this requirement.
D.
Vibrations. Vibrations detectable without instruments on neighboring property in any district shall be prohibited.
E.
Odors. No malodorous gas or matter shall be permitted which is discernible on any adjoining lot or property.
F.
Air pollution. No pollution of air by fly ash, dust, smoke, vapors, or other substance shall be permitted which is harmful to health, animals, vegetation or other property. Allegheny County air standards shall apply.
G.
Glare. No lighting devices which produce objectionable direct or reflected glare on adjoining properties or thoroughfares shall be permitted.
H.
Erosion. No erosion by wind or water shall be permitted which will carry objectionable substances onto neighboring properties.
I.
Water pollution. Water pollution shall be subject to the standards established by the Pennsylvania Department of Environmental Protection.
J.
Roof drainage. New or remodeled buildings shall not direct roof gutter runoff into streets or onto neighboring property.
K.
Storage. No outside storage of materials, even temporarily, is permitted within the Borough.
§ 225-23 Park standards.
In addition to the goals set forth in the statement of general objectives, the establishment and regulation of park standards with respect to use, density, bulk, parking and similar provisions are intended to achieve the following goals: provide sufficient open space and recreational areas to meet the needs of, and otherwise enhance the quality of living for, residents of the Borough.
A.
Specific purpose. The park standards are designated to provide for the maintenance and protection of natural public open space areas. All uses in this area should be absolutely supportive of and in harmony with the conservation of the natural environment.
C.
Area regulations: Any use in the park area shall comply with area regulations of district which abuts.
D.
Off-street parking standards and requirements: as required by this chapter.
E.
Site plan approval: as required by this chapter.
F.
Open and closed times: dawn till dusk, unless by permit.
[Amended 2-14-2005 by Ord. No. 395]
G.
No bicycles permitted in park unless at designated parking area at entrance.
§ 225-24 Street openings and construction standards. [1]
[Added 10-13-2003 by Ord. No. 386; amended 2-9-2009 by Ord. No. 423]
Council shall not approve any street opening application unless the applicant agrees to abide by the Borough of Bradford Woods Construction Standards, latest edition, which are incorporated by reference.[2] Applicants desiring to open a Borough street must post a bond in an amount of 110% of the construction costs including restoration of all disturbed areas in kind.
[2]
Editor's Note: The Borough of Bradford Woods Construction Standards are included at the end of Chapter 194, Streets and Sidewalks.