Centre Hall City Zoning Code
PART 7
SUPPLEMENTAL REGULATIONS
§ 27-701 Slope Controls.
[Ord. 8/12/1993, Art. VII, § 1]
All land defined herein as having steep slopes shall be subject to the following regulations:
A.
Intent. It is the intent of this Section to control the development of land in areas containing excessive topography for the following purposes:
(1)
To limit erosion and sedimentation.
(2)
To protect watersheds and limit increases in storm water runoff.
(3)
To prevent an increase in the possibilities of landslides and soil subsidence.
(4)
To maintain adequate foliage cover on hillsides.
(5)
To protect streams from increases in sediment pollution.
B.
Permitted Uses: Steep slopes may be used as permitted by the district regulations within which they are located, subject to the additional requirements below.
C.
Principles of Development. Wherever possible, structures and grading of land shall only be located on portions of a lot where the slope is less than 25%, as herein defined. However, where it is necessary to use steep slopes to permit development of a lot, all such proposals shall, in addition to other applicable regulations of this Chapter, be in accordance with the following principles of development. All development on steep slopes shall:
(1)
Be oriented so that grading and other site preparations are kept to an absolute minimum.
(2)
Where grading is essential, shape such grading to complement the natural land form.
(3)
Be staged where necessary to complete construction of each stage during a season so that large areas of disturbed land are not left bare and exposed during the winter-spring runoff period.
(4)
Accomplish all paving as rapidly as possible after grading.
(5)
Allocate to open space and recreation uses those areas least suited to development, as evidenced by competent soils, geology and hydrology investigations.
(6)
Landscape areas around structures to blend them with the natural landscape.
(7)
Take measures to minimize erosion and sedimentation and to limit increases in storm water runoff in accordance with other ordinances and regulations of the Borough and the laws and regulations of the Commonwealth of Pennsylvania.
D.
Site Plan Review. All applications for zoning permits for lots, uses and structures located, in whole or in part, on land with steep slopes shall submit, along with the application, a site plan as required by Part 9 of this Chapter. Such application shall also include a storm water runoff plan as required by the applicable subdivision ordinance and a copy of the erosion and sedimentation control plan as required by the Pennsylvania Department of Environmental Resources.
§ 27-702 Nuisance Standards.
[Ord. 8/12/1993, Art. VII, § 2]
All uses of land and structures shall be prohibited which:
A.
Produce heat or vibration perceptible by human senses beyond any lot line.
B.
Produce glare from any process which emits harmful ultraviolet rays, including arc welding and acetylene torch cutting, perceptible beyond the lot line.
C.
Produce electromagnetic radiation or radioactive emissions injurious to human beings, animals or vegetation or which interfere with the use of any other property.
§ 27-703 Outdoor Storage.
[Ord. 8/12/1993, Art. VII, § 3]
The outdoor storage of materials shall be subject to the following requirements:
A.
All outdoor storage of fuel, raw materials and products, except finished products for retail sale to the public, in any Commercial District, shall be completely screened from view from any public right-of-way and in Conservation and Residential Districts by a sight-obscuring evergreen planting, fence or wall.
B.
All discarded organic rubbish or garbage stored outdoors shall be placed in watertight, vermin-proof containers.
§ 27-704 Waste and Sewage Disposal.
[Ord. 8/12/1993, Art. VII, § 4]
All methods and plans for the disposal of sewage and wastes shall be designed in accordance with regulations of the Pennsylvania Department of Environmental Resources pertaining thereto. A required sewage permit issued by the Sewage Enforcement Officer or the appropriate sewage authority shall be a prerequisite to the issuance of a zoning permit.
§ 27-705 Illumination.
[Ord. 8/12/1993, Art 7, § 5]
The illumination of any lot, use or structure shall be arranged in such a manner that the direct rays of the light source shall not enter any dwelling unit or fall within the right-of-way of any public street or highway.
§ 27-706 Landscaping and Soil Erosion Control.
[Ord. 8/12/1993, Art. 7, § 6]
Unless otherwise regulated by this Chapter, any vacant portion of a lot not in use shall be planted with grass or similar vegetation, and/or trees and shrubs, except for farm uses and gardens left vacant outside the growing season.
§ 27-707 Motor Vehicle Access.
[Ord. 8/12/1993, Art. 7, § 7]
Every building hereafter erected or moved shall be on a lot adjacent to a public street or with motor vehicular access to public street via a private street. The intent of the following regulations is to provide safe and convenient access for servicing, fire protection, traffic circulation and required off-street parking.
A.
On arterial streets, access for each lot shall be limited to not more than two driveways for the first 300 feet of frontage or fraction thereof, and one driveway for each additional 300 feet of frontage.
B.
On all other streets, access for each lot shall be provided by not more than one driveway for the first 50 feet of frontage or fraction thereof, and one driveway for each additional 50 feet of frontage.
C.
No driveway shall be closer to the side or rear property line than five feet, unless the two adjoining property owners mutually agree to a common driveway. A written agreement approved by the Solicitor and Zoning Officer and acceptable to be recorded by the Recorder of Deeds must be submitted with the application for zoning permit.
D.
Driveways which provide access to all uses other than detached and semidetached dwellings shall have a throat width of not less than 12 feet or greater than 24 feet, and the curb return radius shall not be less than 13 feet or greater than 15 feet.
E.
In all Commercial and Industrial Districts, all driveways shall enter a public street right-of-way at least 100 feet from the intersection with another public street, except for intersections of two or more arterial streets, in which case the minimum distance shall be at least 200 feet. In all other districts, all driveways shall enter a public street right-of-way at least 50 feet from its intersection with another public street of any classification. If the lot width is insufficient to provide for the required distance, access shall be as far from the intersection as the lot and other provisions of this Chapter will permit. For all cases cited above, the distance in which access is prohibited shall be measured from the tangent of the curb return of the intersecting street cartway to the tangent of the curb return of the driveway, but shall not include, in measurement, any portion of either curb return.
F.
If two or more driveways of the same lot enter a public street right-of-way, the distance between the entrances of the driveways shall be at least 50 feet.
§ 27-708 Off-Street Parking and Loading Regulations.
[Ord. 8/12/1993, Art. VII, § 8; as amended by Ord. 123, 12/12/1996, § 11]
Off-street parking and loading space shall be provided and maintained for each use and structure hereafter established, erected, altered or extended in accordance with the provisions of this Section.
A.
General Regulations.
(1)
All required off-street parking spaces shall be used solely for the parking of motor vehicles by residents, visitors, patrons or employees. No motor vehicles without current and valid inspection stickers as required by the Commonwealth of Pennsylvania shall be parked or stored on any lot unless within completely enclosed buildings, except in the Planned Commercial District as part of a permitted auto wrecking, junk and scrap establishment.
(2)
Location. All required parking spaces shall be located on the same lot as the use they serve, except that:
(a)
The owner of two or more abutting lots may locate the use on one lot and the parking space required for the use on another of his abutting lots.
(b)
Two or more abutting property owners may locate the parking space required for their uses on any of their lots if:
(i)
The lot(s) providing the parking space abuts the lot(s) containing the use(s) it serves.
(ii)
All of the affected lots are in the same zoning district.
(iii)
The total number of spaces provided is not less than the sum of spaces required for all the uses.
(iv)
Means of pedestrian access is provided from the parking space to the uses so that pedestrians are not required to traverse property owned by other than said property owners, except where public sidewalks may provide the access.
(v)
That a lease, easement or other form of agreement be executed among said property owners assuring use of the required parking spaces until or unless the required parking spaces are located on the same lot as the use they serve.
(c)
In the Village, Commercial and Residential Office Districts the parking spaces required for a use of a lot may be located on another lot provided:
(i)
The lot on which the parking is located is in the R-O or VC District and further provided that no such lot shall have more than four parking spaces in the R-O District and six parking spaces in the VC District.
[Amended by Ord. No. 179, 6/9/2022]
(ii)
The lot on which the parking is provided is within 66 feet of the lot on which the use is located.
(iii)
That a lease, easement or other form of general agreement be executed among the owners of the lot on which the use and parking are located assuring the use of the required parking spaces until or unless the required parking spaces and the use which the parking spaces serve are located on the same lot. Said lease, easement or other form of agreement shall be submitted to the Solicitor for approval.
(d)
In all cases above, both lots shall be included in the application for a zoning permit.
(3)
All parking spaces and lots open to the sky (i.e., not in garages and carports) shall be located no closer than five feet from any property line, except for abutting property lines of two or more lots exercising the options for common parking stipulated in Subsection A(2) above.
(4)
All covered parking spaces and lots, including garages and carports, shall not be located within any yard setback area, except when permitted as an accessory building regulated in § 27-204B of this Chapter.
(5)
Existing Facilities. Parking spaces and lots serving structures and uses in existence at the date of the adoption of this Chapter shall not be subject to the requirements of this Section as long as the kind or extent of use is not changed, provided that any parking facility now serving such structures or uses shall not in the future be reduced below such requirements, or if already below such requirements, be reduced further.
(6)
Change in Requirements. Whenever there is an alteration or extension of a use or structure which increases the parking requirements according to Subsection B below, the total additional parking required for the alteration or extension shall be provided in accordance with the requirements of that subsection.
(7)
Construction. All required off-street parking spaces and aisles shall be covered with an all-weather material. For spaces and aisles which are not part of a parking lot as herein defined, this may include gravel or other crushed stone. However, for parking lots, the paving material shall be limited to asphalt, concrete or similar hard surface material with all parking spaces designed with a four inch white or yellow stripe painted the entire length of each space in accordance with the dimensional requirements stipulated in Subsection B below.
B.
Required Off-Street Parking Spaces. All uses and structures shall provide off-street parking spaces in an amount equal to, or greater than, the number listed below. The total number of parking spaces necessary for two or more uses on the same lot shall be the sum of that required for each use.
(1)
Exception: Village Districts. Parking areas in the Village District, excluding driveways or aisles, shall not occupy more than the equivalent of six parking spaces (960 square feet).
[Amended by Ord. No. 179, 6/9/2022]
(2)
Dimensions. Each required off-street parking space shall be at least 10 feet wide and 18 feet long if set at an angle to the access aisle, or eight feet wide and 24 feet long if parallel to the access aisle.
(3)
Number and Computations. In computing the required number of spaces, all fractional numbers shall be increased to the next highest integer. When computation is based on the number of employees, the number employed during the largest work shift shall be used.
[Amended by Ord. No. 179, 6/9/2022]
Use | Number of Required Spaces | ||
|---|---|---|---|
1. | Residential and Commercial Apartment Uses | ||
a. | Structures with less than four dwelling units | Two per dwelling unit | |
b. | Structures with four or more dwelling units | Two per dwelling | |
2. | Commercial Uses | ||
a. | All retail and service establishments except those specified below | One per 250 square feet of retail and service floor area, plus one per employee | |
b. | Furniture stores, contractor's equipment, and feed sales, boat and marine, mobile home, motor vehicle and monument burial vault and casket sales | One per 400 square feet of enclosed retail and service floor area, plus one per 3,000 square feet of outside sales, plus one per employee | |
c. | Automobile service station | Two per fuel pump if station provides for repairs, otherwise one per pump, plus one per employee | |
d. | Barbers and beauticians | Two per chair | |
e. | Car wash | Four per stall | |
f. | Mortuary | One per four sets, plus one per vehicle maintained on the premises, plus one per employee | |
g. | Bowling alleys, billiard parlors, table, one per table tennis, pinball machines or similar amusement enterprises | Four per ally or machine, plus one per employee | |
h. | Arenas, stadiums, auditoriums, theaters, roller rinks, ice rinks and dance halls | One per four seats with fixed seats, otherwise one per four persons based on maximum design capacity | |
i. | Business, professional and financial offices | One per 400 square feet of floor area | |
j. | Medical and dental offices, clinics | Five per practitioner | |
k. | Eating and drinking | One per four persons, based on maximum design capacity | |
l. | Hotels, motels and tourist homes | One per room, plus one per four persons for restaurants and meeting rooms, based on maximum design capacity | |
3. | Industrial Uses. | ||
a. | All industrial uses except those specified below | One per employee, plus one for each 25 required spaces | |
b. | Auto wrecking, junk and scrap establishments | One per employee plus five | |
c. | Freight and trucking terminals, moving and storage, parcel delivery and express transfer stations, and wholesale distributions and warehouses | One per employee plus one per vehicle maintained on the premises | |
4. | Public and Quasi-Public Uses | ||
a. | Ambulance, taxi and limousine service | One per vehicle maintained on the premises plus one per employee | |
b. | Bus passenger station | One per employee plus one per 100 square feet of waiting room | |
c. | Child day-care center | One per employee plus one per five children | |
d. | Churches and other places of worship | One per four seats, based on maximum capacity of the nave | |
e. | Curbs, lodges, fraternal organizations, community centers | One per three persons, based on maximum capacity | |
f. | Commercial cemeteries | 25 plus one per employee | |
g. | Golf courses and driving ranges | Two per tee | |
h. | Hospitals | One per bed | |
i. | Nursing homes and other | One per 10 patients, based on maximum capacity, plus one per employee | |
j. | Public libraries, museums, art galleries, visitor centers | One per 800 square feet | |
k. | Schools | ||
- institutions of higher education and post secondary schools | One per employee plus one per student | ||
- nursery, kindergarten, elementary | Two per classroom | ||
- secondary schools | One per 10 students | ||
l. | Group home | One per staff employee or caregiver, plus one per client, maximum of five | |
m. | Personal care boarding home for adults | One per unit | |
n. | Community center or halfway house | One per three persons, based on maximum capacity | |
C.
Parking Lots. For the purposes of this Chapter, parking lots are defined as facilities providing off-street parking space for five or more motor vehicles. All parking lots shall meet the design and maintenance standards specified below. All applications for a zoning permit to use land, in whole or in part, as a parking lot as herein defined shall be accompanied by a site plan as stipulated in § 27-904.
(1)
Dimensions.
(a)
All parking spaces shall comply with the dimensions specified in Subsection B above. The minimum dimensions of all aisles providing access to parking lot spaces shall be as follows:
Permitted Angles of Parking Space to Aisle (in degrees) | Aisle Width (in feet) | ||
|---|---|---|---|
One Way | Two Way | ||
Parallel | 12 | 20 | |
30 (150) | 12 | 20 | |
45 (135) | 15 | 20 | |
60 (120) | 18 | 20 | |
90 | 24 | 24 | |
(b)
The above permitted angles of parking spaces shall be the only permitted angles. No portion of any parking space shall intrude into the required aisle width. For aisles providing access to parking spaces set at angles other than those specified above, the required aisle width shall be that of the nearest specified angle of parking. If equidistant from specified angles, the greatest aisle width of the two nearest angles shall apply.
(2)
Obstructions. Parking lots shall be designed to permit each motor vehicle to proceed to and from all unoccupied parking spaces without requiring the moving of any other parked motor vehicle.
(3)
Ingress and Egress. Entrance and exit driveways and aisles linking parking lots to public streets shall comply with the standards for motor vehicle access stipulated in § 27-707 of this Part. Parking spaces shall be designed to prevent motor vehicles from backing onto a public street in order to leave the lot.
(4)
Location and Yard Requirements. All parking lots shall meet the location requirements stipulated in Subsection A(2) above. All yards surrounding the parking lot, exclusive of driveways providing ingress and egress to the lot, shall be bordered by a curb six inches high along the sides of the yard area abutting the parking lot, including spaces and aisles. Such curb may consist of bumpers at the end of each parking space. Setback areas shall be planted with grass or similar vegetative material and may include shrubs, fences or walls provided they are not placed closer than three feet from any parking space.
(5)
Structures. Utility poles, light standards and similar structures shall not be permitted within any aisle or parking space. Any structure located elsewhere within a parking lot shall be surrounded on all sides abutting the spaces or aisles by a curb six inches high, separated from the structure by at least three feet, the distance to be measured from the broadest point on each side exclusive of any portion greater than 10 feet from the ground.
(6)
Raised Islands. Raised islands may be installed at the ends of all parking bays abutting an aisle or driveway. If raised islands are installed they shall be bordered by a curb six inches high wherever it abuts a space or aisle, and shall be at least 10 feet wide and extend the length of the parking space and/or bay. Said islands shall be planted with grass, shrubs or similar vegetative materials, and may be combined with crushed stone. Utility poles and light standards are permitted within the raised islands provided they are separated from the spaces and aisles as required in Subsection C(5) above.
(7)
Maintenance. All parking lots shall be kept free of litter and trash. Any vegetative material required herein which dies shall be replaced as soon as recommended seasonal conditions occur for the replacement of the species.
(8)
Drainage. All parking spaces shall have with a storm drainage plan designed to prevent excessive flow of water to public streets, alleys or adjoining properties. This plan must be submitted to the Borough Engineer for approval.
(9)
Perimeter Planting.
(a)
The perimeter of all parking areas shall be landscaped with living plant materials to a minimum width of five feet measured from the back of the parking area curb towards the property line or building wall, except where the perimeter is adjacent to a public street, in which case the minimum width shall be seven feet. However, in the PC-1 Zone, the front yard to a depth of up to 30 feet measured from the front property line may also be required to be landscaped and shall be planted with approved perimeter planting. The perimeter planting shall include a combination of shrubs, deciduous and coniferous trees, all selected to provide shade and a view-restrictive screen for parking areas. Special consideration should be given to form, color, texture, density, growth habits and maintenance requirements.
(b)
Trees and shrubs shall be an integral part of this perimeter planting. Walls, earth mounds and fences or any combination thereof may be included with living plant materials to produce a view-restrictive screen. Headlights of parked vehicles must be obscured from the public way. Grass or other living ground cover shall be planted, mulched and maintained on all portions of the landscaped strip not occupied by other landscape material.
(c)
A minimum of one tree shall be planted within the perimeter planting area for every 45 feet of the perimeter of the parking area, exclusive of driveway widths. Required perimeter trees shall be planted no less than 25 feet nor greater than 50 feet apart.
(d)
Trees and shrubs need not be required between parking areas and buildings where said buildings screen the parking areas from adjacent properties (see illustration below). However, in certain areas trees and shrubs may be required in such locations to screen first-floor windows in said buildings. The linear feet of such exempted areas shall not be used to calculate the required number of trees or to determine proper tree spacing, nor shall the trees required for the remaining perimeter be located in the exempted area.
(10)
Tree Specifications.
(a)
Existing trees, if properly located, may be used to satisfy the requirements above for perimeter and interior plantings. Existing trees located closer together than the twenty-five-foot minimum shall, for the purpose of calculating the required number of trees, be counted as one tree. No required tree shall be planted closer than 20 feet to an existing columnar tree or 25 feet to an existing tree of other shape.
(b)
The size of all trees shall be a minimum of 2 1/2 inches to three inches caliper, measured six inches above ground level. These shall be planted a minimum of three feet from the back of any curbing.
(c)
All plant material and installation shall follow the American Standard for Nursery Stock and the Code of Standards currently recommended by the American Association of Nurserymen.
(11)
Sight Distance. At intersections between driveways and/or parking lot aisleways and between driveways and streets, all earth banks and vegetation shall be cut or removed when such will impede vision between a height of 2 1/2 and 10 feet above the driveways within an area bounded by the edge of the driveway and/or street cartway lines and a line joining points of these lines 25 feet from their intersection or 1/2 of right-a-way or whichever is greater.
(12)
Building Structures or Ramps. Motor vehicles parked within, under or on top of buildings, parking structures or on ramps shall be screened from public view. On street level, living plant material is required in the setback areas. Walls, earth mounds, fences or any combination thereof may also be included with the plant material. All floors or levels about the street shall be screened by walls, fences or other improved materials.
(13)
Walkways. Walkways adjacent to or within off-street parking areas shall be wide enough to provide a minimum of four feet clear horizontal passage exclusive of car overhang, parking meters or other obstructions.
D.
Loading Regulations. Space for the loading and unloading of vehicles shall be provided when required below. Each required space shall be at least 12 feet in width, 45 feet in length and have a vertical clearance of at least 14 feet. Spaces shall be located no closer than 10 feet from a public right-of-way and five feet from any other lot line, and shall be paved with an all-weather material.
(1)
One off-street loading space is required for all nonresidential uses with a floor area of at least 5,000 square feet but less than 20,000 square feet. For nonresidential uses which have a floor area of 20,000 square feet or more, one additional space shall be provided for each additional 20,000 square feet, or fraction thereof.
(2)
Required off-street parking spaces shall not be used for loading and unloading purposes except during hours when business operations are suspended.
(3)
All required loading and unloading spaces shall be located on the same property as the use they serve.
(4)
The provisions of Subsections A(3) and A(4) above pertaining to off-street parking space shall also pertain to all required off-street loading and unloading spaces.
§ 27-709 Temporary Uses.
[Ord. 8/12/1993, Art. VII, § 9]
Temporary uses shall be permitted by the Zoning Officer only in the zoning districts specified and according to the requirements of this Section and shall be required to obtain a zoning permit. This Section shall not apply to accessory uses allowed under the district regulations nor to temporary uses that are clearly incidental to a permanent use. Other temporary uses not specifically allowed by this Section are prohibited.
A.
Temporary Uses Permitted. The following temporary uses are permitted according to the requirements specified and only for the period of time given:
(1)
Carnival or Circus.
(a)
Permitted in the agricultural, residential or commercial districts.
(b)
The maximum time shall be 15 days.
(c)
No such temporary use shall be located within 150 feet of any dwelling unit within a residential zoning district, except that the Borough may enact by ordinance, resolution or other action special regulations for the annual Grange Fair.
§ 27-710 Adult Businesses and Entertainments.
[Ord. 8/12/1993, Art. VII, § 10]
1.
Definition. An adult business or entertainment is any establishment which:
A.
In whole or in part sells, leases, dispenses or displays publications, photographs, drawings, posters, films, videos or reproductions of any type depicting explicit or implicit sex acts or lewdness.
B.
Exhibits or permits the exhibition of live sexual acts or implied sexual acts, or solicits or permits solicitation, of persons and/or animals for purposes of indulging in sexual relations or implied sexual relations.
2.
Special Exception. An adult business or entertainment shall be permitted only as a special exception in the Planned Commercial District.
3.
Criteria. A special exception shall be granted by the Zoning Hearing Board if the following criteria are met:
A.
No adult business or entertainment shall be located within 750 feet of any (1) Residential District; (2) church or other place of worship; (3) cemetery; (4) school; (5) park; (6) premises licensed to sell alcoholic beverages; or (7) other adult business or entertainment.
B.
One parking space shall be provided for each 100 square feet of building area. Parking shall be located in front of the establishment, but not in the front yard setback.
C.
The premises shall be screened on the sides and rear by evergreen plantings at least five feet in height at time of planting.
D.
Adult businesses must provide a guard at all times in the video area to prevent sexual contacts or solicitations or more than one person occupying a booth.
E.
No personal contact in the form of providing sexual services shall be permitted.
F.
No more than one person shall be permitted in a video booth at any one time.
§ 27-711 Wind Turbine Generators.
[Ord. No. 181, 2/9/2023]
Wind turbine generators shall not be permitted within the geographic limits of the Centre Hall Borough.
§ 27-712 Solar Energy Systems.
[Ord. No. 181, 2/9/2023]
1. ACCESSORY BUILDING ACCESSORY SOLAR ENERGY SYSTEM (ASES) GLARE PRINCIPAL BUILDING SOLAR ENERGY SOLAR RELATED EQUIPMENTA. (1) (2) (3) (4) B.
Definitions. As used in this section, the following terms shall have the meanings indicated:
A building which:
An area used for a solar collection system to capture solar energy, convert it to electrical energy or thermal power and supply electrical or thermal power primarily for on-site use. An accessory solar energy system consists of roof-mounted solar arrays or modules or solar related equipment and is intended to primarily reduce on-site consumption of utility power or fuels.
The effect produced by light with an intensity sufficient to cause annoyance, discomfort, or loss in visual performance and visibility.
A building or structure in which is conducted the principal use of the lot on which the building or structure is located.
Radiant energy (direct, diffuse and/or reflective) received from the sun.
Items including a solar photovoltaic cell, module, panel, or array, or solar hot air or water collector device panels, lines, pumps, batteries, mounting brackets, framing and possibly foundation or other structures used for or intended to be used for collection of solar energy.
SOLAR ARRAYA grouping of multiple solar modules with the purpose of harvesting solar energy.
SOLAR CELLThe smallest basic solar electric device which generates electricity when exposed to light.
SOLAR MODULEA grouping of solar cells with the purpose of harvesting solar energy.
SOLAR PANELThat part or portion of a solar energy system containing one or more receptive sells or modules, the purpose of which is to convert solar energy for use in space heating or cooling, for water heating and/or electricity.
Emergency service disconnect will be installed in all systems.
2.
Accessory Solar Energy Systems (ASES).
A.
Regulations Applicable to All Accessory Solar Energy Systems:
(1)
Accessory solar energy systems are a permitted use in all zoning districts.
(2)
Accessory solar energy systems constructed prior to the effective date of this section shall not be required to meet the terms and conditions of this Part. Any physical modification to an existing ASES, whether or not existing prior to the effective date of this section that materially alters the ASES, shall require approval under this Part. Routine maintenance or like-kind replacements do not require a permit.
(3)
Comply with performance standards of this section and the Centre Hall Borough Zoning Ordinance.
(a)
Exemption: ASES routine maintenance or like-kind replacements do not require a permit.
(4)
The ASES layout, design and installation shall conform to applicable industry regulations and with all applicable fire and life safety requirements.
(5)
All on-site utility, transmission lines less than 34.5 kV, and plumbing shall be placed underground to the greatest extent possible.
(6)
The ASES shall be designed to use the energy created primarily for on-site use.
(7)
All ASES shall be designed and located to ensure solar access without reliance on and/or interference from adjacent properties.
(8)
All ASES shall be situated to eliminate concentrated glare onto nearby structures or roadways.
(9)
As defined herein, the ASES shall be designed so that all energy created by the ASES is to be used on-site. However, in the event that sufficient excess energy is created to merit its transmission off-site, the owner of the ASES shall provide written confirmation that the public utility company to which the ASES will be connected and has been informed of the customer's intent to install a grid-connected system and approval of such connection has been granted.
(10)
For all residential ASES applications, the ASES installer must also be a registered home improvement contractor with the Pennsylvania Attorney General's Office.
B.
Roof-Mounted Accessory Solar Energy Systems:
(1)
A roof-mounted ASES may be located on a principal or accessory structure.
(2)
ASES mounted on roof or walls of any building shall be subject to the maximum height regulations specified for structures within each of the applicable zoning districts.
(3)
Roof-mounted ASES shall comply with the building setbacks in the applicable zoning districts.
(4)
Solar panels shall not extend beyond any portion of the roof edge.
(5)
Roof-mounted solar panels as part of the ASES shall be located only on rear- or side-facing roofs as viewed from any adjacent street unless the applicant demonstrates that, due to solar access limitations, no location exists other than the street-facing roof, where the solar energy system can perform effectively.
C.
Pole- and/or ground-mounted ASES shall not be permitted within the geographical limits of the Centre Hall Borough.
D.
Local Emergency Services:
(1)
The applicant shall provide a copy of the project summary and site plan to local emergency services (including emergency disconnect location), and local fire department(s).
E.
Code Compliance.
(1)
For roof-mounted accessory systems, the applicant shall provide evidence that the plans comply with the Uniform Construction Code and adopted building code of Centre Hall Borough and that the roof is capable of holding the load imposed on the structure. Applications for roof-mounted ASES shall be accompanied by engineer stamped plans that demonstrate the structural sufficiency of the roof to hold the weight of the ASES.
3.
Administration and Enforcement.
A.
Applications.
(1)
Permit applications shall document compliance with this section and shall be accompanied by drawings showing the location of the solar energy system on the building, including both an emergency service disconnect and property lines. Permits must be kept on the premises where the solar energy system is located.
(2)
The permit shall be revoked if the solar energy system, whether new or pre-existing, is moved or otherwise altered, either intentionally or by natural forces, in a manner which causes the solar energy system not to be in conformity with this section. In the case of nonconformity caused by natural forces, the owner shall have a maximum of 90 days to initiate necessary remedial action to bring system back in conformance.
(3)
The solar energy system must be properly maintained and be kept free from all hazards, including, but not limited to, faulty wiring, loose fastenings, being in an unsafe condition or detrimental to public health, safety or general welfare.
(4)
ASES systems for single-family residential use are exempt from the land development process, but a zoning permit is required.
B.
Fees and Costs.
(1)
The applicant shall pay all permit application fees as established by resolution adopted by the Centre Hall Borough from time to time when seeking approval of a solar energy system under this section.
C.
Enforcement.
(1)
The accessory solar energy system must be properly maintained and be kept free from all hazards, including, but not limited to, faulty wiring, loose fastenings, being in an unsafe condition or detrimental to public health, safety or general welfare as determined by the local building code officer.
(2)
Any applicant who or which shall violate or permit to be violated the provisions of this section shall, upon being found liable therefor in a civil enforcement proceeding brought by Centre Hall Borough before a Magisterial District Judge, pay a fine in accordance with the Centre Hall Borough Zoning Ordinance, plus all court costs, including reasonable attorney's fees incurred by the Borough as a result thereof.
(3)
In addition, Centre Hall Borough shall also be entitled to recover from any applicant all the Borough's costs or fees arising out of or related to the application or enforcement of this section. Such costs may also include those to remedy violations of this section or to abate nuisances. The costs shall include, but not be limited to engineer fees, attorney fees, Zoning officer fees, and staff/employee time. The costs may be collected as a municipal claim under applicable law against the property upon which the solar energy system, or portions thereof, is located.