Collegeville City Zoning Code
ARTICLE VIII
General Regulations
§ 680-39 Intent; applicability of regulations.
A.
In expansion of the declaration of legislative intent and statement of community development objectives contained in Article I of this chapter, the specific intent of this article is to establish clear standards for activities that may be associated with a variety of zoning districts or types of land use, and to cross reference provisions in the Collegeville Borough Subdivision and Land Development Ordinance[1] that regulate activities in one or more zoning districts.
B.
Except where noted in this article, these provisions apply to all zoning districts within the Borough. However, if a conflict occurs between the standards of the general regulations and any other standards of this chapter then the more restrictive standards shall apply. Subdivision and/or land development proposals are further regulated by the Collegeville Borough Subdivision and Land Development Ordinance.
§ 680-40 Lots of record.
For a lot which is of public record in single and separate ownership at the time of enactment of this chapter and which is not of sufficient size or dimensions to permit the erection of a building thereon in accordance with the requirements of this chapter (provided the Zoning Hearing Board finds the necessary additional ground is not available because of the settled condition of the neighborhood or because of inability of the owner to acquire additional ground upon fair terms), the Zoning Hearing Board may grant a variance for the use of such parcel of ground, in accordance with the provisions of § 680-20 of this chapter.
§ 680-41 Subdivision plan of lots of record.
A lot which does not conform to the minimum and/or maximum regulations of the district in which it is located and which is included in a recorded plan of lots previously approved under the provisions of the Collegeville Borough Subdivision and Land Development Ordinance[1] shall not be used unless:
A.
The minimum and/or maximum regulations of the district are met.
§ 680-42 Reduction of lot area.
No lot which does not qualify for § 680-41 shall be so reduced that the area of the lot, or the dimensions of the required open space shall be less than herein prescribed.
§ 680-43 Corner lots.
A front yard setback shall be required from the legal right-of-way for each lot line abutting a public or private right-of-way.
§ 680-44 Residential conversions (general regulations).
[Amended 7-12-2006 by Ord. No. 519]
A dwelling may be converted into two or more apartments in the V-2, MSC, and RO Districts pursuant to the following standards:
A.
An additional lot area of at least 500 square feet shall be required for each additional dwelling unit for all the above districts except the MSC District. For this district, the requirement does not apply.
B.
Regardless of the existing dwelling unit size, the total number of dwelling units in the structure after conversion shall not exceed three, unless more units are permitted elsewhere in this chapter.
C.
Two off-street parking places for each new dwelling unit shall be provided on the property, meeting all the requirements of Article IX herein. Parking areas shall not be located in the front yard.
D.
No external alteration of the building shall be permitted except as may be necessary for reasons of safety. All fire escapes and outside stairways shall be located to the rear of the building.
E.
Rooming houses. These are allowed in the MSC District as a special exception, provided the following conditions and any others deemed relevant by the Zoning Hearing Board are met:
F.
The residential density on a lot shall not exceed 12 dwelling units per acre.
§ 680-45 Accessory uses.
The following accessory uses shall be permitted, subject to the additional requirements herein:
A.
Permitted residential accessory uses and structures. The following uses are permitted by right; however, approval as a conditional use by the Borough Council shall be required for uses that exceed the stated capacities or sizes, or that would involve use or storage of items other than those listed.
(1)
Home occupations and no-impact home-based businesses, subject to the provisions of § 680-46, herein.
(2)
Private garage, either attached or detached, not to exceed a nine-hundred-fifty-square-foot maximum.
(3)
Noncommercial greenhouse and carports, not to exceed a five-hundred-square-foot maximum.
(4)
Storage sheds for garden equipment, household goods, and/or sporting goods owned and used by the residents of the dwelling, with a total floor area of less than 250 square feet.
(5)
Noncommercial swimming pool or other recreational facilities, excluding facilities for use of motorized recreational vehicles provided they are not closer than six feet from any property line.
(6)
The keeping of farm animals, not in conjunction with agriculture, in accordance with the following:
(a)
Minimum lot size shall be three acres.
(b)
Building setbacks shall be 50 feet from any property line.
(c)
Notwithstanding § 680-51, Height limitations of fences and walls, all farm animals must be kept in a fenced area. The height of the fence shall be sufficient to provide for the safety of the public.
(d)
Such animals may be kept at the following rates:
On a Minimum 3-Acre Lot | For Each Additional Acre | |
|---|---|---|
Horses, cows, or other animals of a similar size | 1 animal | 1 additional animal |
Sheep, goats, or other animals of a similar size | 2 animals | 2 additional animals |
Fowl or other animals of a similar size | 5 animals | 5 additional animals |
B.
Uses accessory to noncommercial recreational use. Customary recreation, refreshment, and service uses and buildings in any noncommercial recreational area.
C.
Other accessory uses. Accessory uses other than those listed may be permitted in compliance with the requirements for principal uses in the district in which they are located and to which they are accessory.
D.
Accessory structure setback, including detached garages, storage sheds, greenhouses and carports. All structures shall be five feet from any side or rear property lines, unless a greater distance is specifically stated. No structures are allowed in the front yard area, defined as the area between the legal right-of-way and a building's front facade. Corner properties are defined as having two facades.
E.
Off-street parking of commercial vehicles in Residential District.
(1)
Routine off-street parking of not more than two commercially registered vehicles with not more than four wheels each, which are used regularly or frequently for business purposes shall be permitted. Routine parking of more than two such vehicles shall constitute a business operation and shall not be permitted in a residential district, unless in an enclosed building.
(2)
Routine off-street parking of one commercially registered vehicle with more than four wheels which is used regularly or frequently for business purposes shall be permitted; more than one shall constitute a business operation and shall not be permitted in a residential district, unless in an enclosed building.
§ 680-46 No-impact home-based businesses and home occupations.
A.
No-impact home-based businesses.
(1)
General regulations. No-impact home-based businesses are allowed in all residential dwelling units of the Borough as a use permitted by right, except that such permission shall not supersede any deed restriction, covenant, or agreement restricting the use of land, nor any master deed, bylaw, or other document applicable to a common interest ownership community.
(2)
Specific regulations.
(a)
The business activity shall be compatible with the residential use of the property and surrounding residential uses.
(b)
The business shall employ no employees other than family members residing in the dwelling.
(c)
There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.
(d)
There shall be no outside appearance of a business use, including, but not limited to, parking, signs, or light.
(e)
The business activity may not use any equipment or process which creates noise, vibration, glare, fumes, odors, or electrical or electronic interference, including interference with radio or television reception which is detectable in the neighborhood.
(f)
The business activity may not generate any solid waste or sewage discharge in volume to type which is not normally associated with residential use in the neighborhood.
(g)
The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.
(h)
The business my not involve any illegal activity.
B.
Home occupations.
(1)
General regulation. Home occupation shall be limited to the accessory use of a residence for the conduct of an art or profession, the offering of a service, the conduct of a business, or the production of handicrafts. The use shall be secondary and incidental to the use of the dwelling for residential purposes, and shall not change the character of the residential use or adversely affect the uses permitted in the residential district of which it is a part.
(2)
Specific regulations.
(a)
A home occupation is permitted only in a single-family detached dwelling.
(b)
A resident of the dwelling must be a principal of the home occupation.
(c)
Home occupation must be conducted entirely within the dwelling or accessory structures.
(d)
No more than 500 square feet of building area may be used for the home occupation.
(e)
The home occupation shall not have any business-related exterior storage or display of goods and/or merchandise.
(f)
There shall be no sale of retail goods on the premises.
(g)
Home occupations shall be limited to the employment on the premises of not more than two paid or unpaid assistants or employees at any one time.
(h)
The accessory home occupation shall not generate more than five vehicle trips per day in excess of that which is required for primary use.
(i)
There shall be no regular deliveries to or from a home occupation from a vehicle with more than two axles.
(j)
No home occupation shall require trash pickup in excess of that required normally in single-family residential areas.
(k)
Clients are permitted by appointment between the hours of 8:00 a.m. and 9:00 p.m. only.
(l)
The home occupation shall in no way cause the residential appearance or character of the premises to differ from the surrounding residential area.
(m)
Home occupations shall not use noxious, combustible, explosive, or other types of materials that could endanger the health and safety of the occupants and the surrounding residents.
(n)
Home occupations shall not produce noise, dust, vibration, glare, smoke, odor, electrical interference, fire hazard, traffic, or any other nuisance not typically experienced in the zoning district where the property is located.
(o)
Home occupations shall not include auto-related service, clinic, hospitals, animal hospitals, restaurants, cafes, hotels, boarding houses, or storage yards for construction or landscaping materials, equipment, or vehicles as defined in § 680-45E of this chapter, or similar uses.
(p)
No use shall require internal or external construction features or the use of electrical, mechanical, or other equipment that would change the fire rating of the structure or in any way significantly increase the fire danger to neighboring structures or residences.
(q)
Only one sign per residence shall be permitted, conforming to the provisions of Article XXIII of this chapter.
(r)
Adequate off-street parking shall be required for any home occupation that has employees that are not residents of the dwelling or has regular visits by clients, salesman, etc.; the amount needed will be determined by the Borough's staff.
§ 680-47 Bed-and-breakfast accommodations.
Bed-and-breakfast homes and inns are permitted in the V-2 and MSC Districts pursuant to the following regulations:
A.
Regulations for a bed-and-breakfast home.
(1)
A bed-and-breakfast home is allowed only in a single-family detached dwelling.
(2)
A bed-and-breakfast home must be run as a home occupation and shall not have more than six guest rooms.
(3)
No guest can stay for more than 14 days.
(4)
One off-street parking space for each guest bedroom shall be provided in a side or rear yard, in addition to any other required parking. There shall be no parking allowed in the front yard.
(5)
Owners shall comply with all federal, state, and local requirements for the preparation, handling, and serving of food.
(6)
Owner shall maintain a current guest register.
(7)
Bed-and-breakfast accommodations may only serve alcoholic beverages to guests.
(8)
Any modifications, additions, alterations, fire escapes, etc., are allowed only to the side and rear of the structure. The structure's facade shall be maintained to appear as a single-family dwelling.
(9)
Signs, pursuant to the sign ordinance requirements.
(10)
Each bed-and-breakfast facility shall be equipped with smoke detectors and fire extinguishers in accordance with the requirements of the Pennsylvania Department of Labor and Industry and with the Borough fire code. Guests shall be provided with information regarding the floor plan of the building and the location of emergency exits.
(11)
No cooking is allowed in guest rooms.
(12)
All bed-and-breakfast homes must be licensed by the Borough, with the license to be renewed each year.
(13)
All bed-and-breakfast homes will be inspected yearly by the Borough's Building Inspectors.
B.
Regulations for a bed-and-breakfast inn.
(1)
A bed-and-breakfast inn is not permitted as a home occupation.
(2)
No more than 20 guest rooms are allowed.
(3)
No guest can stay for more than 14 days.
(4)
Owners shall comply with all federal, state, and local requirements for the preparation, handling, and serving of food.
(5)
Owner shall maintain a current guest register.
(6)
Bed-and-breakfast accommodations may only serve alcoholic beverages to guests.
(7)
Each bed-and-breakfast facility shall be equipped with smoke detectors and fire extinguishers in accordance with the requirements of the Pennsylvania Department of Labor and Industry and with the Borough fire code. Guests shall be provided with information regarding the floor plan of the building and the location of emergency exits.
(8)
No cooking is allowed in guest rooms.
(9)
All bed-and-breakfast inns must be licensed by the Borough, with the license to be renewed each year.
§ 680-48 Exemptions from requirements.
A.
Public utilities. This chapter shall not apply to any existing or proposed building, or extension thereof, used or to be used by a public utility corporation if, upon petition of the corporation, the Pennsylvania Public Utility Commission shall, after a public hearing, decide that the present or proposed situation of the building in question is reasonably necessary for the convenience or welfare of the public. It shall be the responsibility of the Pennsylvania Utility Commission to ensure that both the corporation and the municipality in which the building or proposed building is located have notice of the hearing and are granted an opportunity to appear, present witnesses, cross-examine witnesses presented by other parties and otherwise exercise the rights of a party to the proceedings.
B.
Wherever federal, state or county-owned property is included in one or more zoning districts, it shall be subject to the provisions of this chapter only insofar as is permitted by the Constitution and laws of the United States of America and the Commonwealth of Pennsylvania. In the case of a property used to provide Borough services, as defined in this chapter, the provisions of this chapter shall not apply.
[Amended 6-1-2011 by Ord. No. 550]
§ 680-49 Effect of private covenants.
Nothing herein contained shall be construed to render inoperative any enforceable restriction established by covenants running with the land, and which restrictions are not prohibited by or are not contrary to the regulations herein established.
§ 680-50 Access to public street.
A.
Unless otherwise specified in this chapter, all lots shall abut a public or private street. Preexisting landlocked parcels zoned residential may be developed with one single-family detached house provided they contain an access easement of at least 20 feet and provided that the nonaccess portion of the lot otherwise complies with the lot size and dimensional requirements of the district in which it is located.
B.
Flag lots. These are permitted only by special exception granted by the Zoning Hearing Board, pursuant to the standards contained in §§ 680-19 and 680-20 and the following:
(1)
Flag lots are only permitted in the R-1 and R-2 Districts.
(2)
Single-family detached dwellings are the only housing type permitted on a flag lot.
(3)
A thirty-foot-wide access strip is required from a public street to the flag lot.
(4)
The flag lot must be 10% larger than the required lot size for the zoning district in which it is located. The access strip shall not be used for calculating lot size.
(5)
The driveway within any access strip must be at least six feet from any property line.
(6)
The front and rear yard setbacks for the zoning district in which the flag lot is located must be met. For side yards, regardless of the zoning district, each side yard setback shall not be less than 40 feet.
(7)
All property lines within the flag area shall be screened by a softening buffer as defined in the Collegeville Borough Subdivision and Land Development Ordinance.[1] However the Board, at their discretion, may require additional landscaping. They also may require landscaping along the access strip.
(8)
Access strips are not permitted to adjoin each other and shall be separated by the minimum lot width for single-family detached dwellings for the zoning district in which the flag lot is located.
(9)
Multiple flag lots shall not be used to avoid the creation of a new road.
(10)
Any other conditions deemed necessary by the Board.
§ 680-51 Height limitations of fences and walls.
Unless otherwise specified in this chapter, all fences and freestanding walls shall comply with the standards in this section.
A.
Specific requirements.
(1)
Fences. Notwithstanding any specific fencing requirements contained elsewhere in this chapter for buffers, screenings, or public safety:
(a)
Maximum height for fences on improved lots.
[1]
Yard area between the front wall of a principal structure and the legal right-of-way of the street toward which the wall is oriented: four feet. For corner lots, the side yard facing the street shall have this height restriction extending to the rear wall of the principal structure.
[2]
For noncorner lots, fences in the yard area between the front wall of a principal structure and the rear lot line: six feet.
(b)
Maximum height for fences on unimproved lots. It shall not exceed six feet in all districts except the M&I, SC, and GC Districts, where it shall not exceed 10 feet.
(2)
Walls.
(a)
In all districts, freestanding walls shall not exceed three feet in the yard area between the front wall of a principal structure and the street toward which this front wall of the structure is oriented. For corner lots, this would also apply to the side yard facing the street extending to the rear wall of the principal structure.
(b)
For noncorner lots, walls shall not exceed six feet in the yard area between the front wall of a principal structure and the rear lot line.
B.
No fence or freestanding wall shall be permitted to obstruct sight distance at a street or driveway intersection.
C.
No opaque fence shall be permitted in the area between the front wall of a principal structure and the legal right-of-way of the street, toward which the wall is oriented. For corner lots, this would also apply to the side yard facing the street extending to the rear wall of the principal structure.
D.
Fences and freestanding walls are not required to comply with front, side, and rear yard building setbacks.
E.
Fences and freestanding walls shall not be located within the legal right-of-way or of any street or road except for a wall and/or sign which contains "Welcome to Collegeville."
[Amended 6-7-2017 by Ord. No. 583]
§ 680-52 Projections into required yards.
No building and no part of a building shall be erected within or shall project into any required yard in any district, except that:
A.
An unenclosed porch, not more than 14 feet in height, provided that in no case shall it extend into such front or rear yard more than one-half of the required depth of the yard.
B.
A terrace, patio, deck, platform, or landing place, not covered by a roof, canopy, or trellis, which does not extend above the level of the first floor of the building, may be erected to extend into a required side or rear yard a distance of not more than 12 feet provided that it shall not extend into such yard more than 40% of the required depth or width of the yard.
C.
A carport may be erected over an existing driveway in a required side yard, provided that such structure is:
D.
A buttress, chimney, cornice, pier, or pilaster of a building may project not more than 18 inches into a required yard.
E.
Open, unenclosed fire escapes, steps, bay window, and balconies may project no more than three feet into a required rear yard.
§ 680-53 Prohibited uses (general regulations).
§ 680-54 Performance standards.
Unless otherwise noted, the following performance standards apply to all uses in all districts in the Borough:
A.
Air pollution controls. All uses shall comply with the standards of the Air Pollution Control Act, 35 P.S. §§ 4001 through 4015, as amended, and the following standards:
(1)
Smoke. Visible air contaminants shall not be emitted in such a manner that the opacity of the emissions is equal to or greater than 10% for a period or periods aggregating more than three minutes in any one hour, or equal to or greater than 30% at any time, and shall comply with Pa. Code Title 25, Chapter 127.A(7), or its most recent update.
(2)
Particulate, vaporous, and gaseous emissions.
(a)
No emission shall be made which can cause any damage to health, to animals, or vegetation or other forms of property, or which can cause any excessive soiling at any point.
(b)
No emission of particulate matter shall exceed 0.0115 grams per dry standard cubic foot, corrected to 7% oxygen. Provisions must be made to reduce dew point cycling and resulting damage to particulate control devices.
(c)
For measurements of the amount of particles in gases resulting from combustion, standards correction shall be applied to a stack temperature of 500° F. and 50% excess air.
(3)
Hazardous air emission. All emissions shall comply with National Emissions Standards for Hazardous Air Pollutants promulgated by the United States Environmental Protection Agency under the Federal Clean Air Act (42 U.S.C. § 7412) as promulgated in 40 CFR 61, or its most recent update.
B.
Noise.
(1)
Sound measurement procedures:
(a)
Insofar as practicable, sound will be measured while the source under investigation is operating at normal, routine conditions and, as necessary, at other conditions, including, but not limited to, design, maximum, and fluctuating rates.
(b)
Prior to taking noise measurements, the investigator shall explore the vicinity of the source in question to identify any other sound sources that could affect measurements to establish the approximate location and character of the principal sound source and to select suitable locations from which to measure the sound from the source in question.
(c)
When measuring continuous sound, or sound that is sustained for more than one second at a time, the SLM shall be set for A-weighting, slow meter response speed, and the range (if the SLM is designed to read levels over different ranges of SPLs) shall be set to that range in which the meter reads closest to the maximum end of the scale. When the measured sound level is variable or fluctuating over a range greater than three dBA using the slow meter response speed, the fast meter response speed shall be used. In either case, both the minimum and maximum reading shall be recorded to indicate the range of monitored values.
(d)
The SLM shall be placed at a minimum height of three feet above the ground or from any reflective surface. When hand held, the microphone shall be held at arm's length and pointed at the source at the angle recommended by the SLM manufacturer.
(e)
If extraneous sound sources, such as aircraft flyovers or barking dogs, that are unrelated to the measurements increase the monitored sound levels, the measurements should be postponed until these extraneous sounds have become of such a level not to increase the monitored sound levels of interest.
(2)
Sound measurement procedures. No person shall cause, suffer, allow, or permit the operation of any sound source on a private property or any public space or right-of-way in such a manner as to create a sound level that exceeds the background sound level by at least 10 dBC during daytime (7:00 a.m. to 9:00 p.m.) hours and by at least five dBC during nighttime (9:00 p.m. to 7:00 a.m.) hours when measured at or within the property line of the receiving property except as provided in Subsection B(1)(a).
(a)
If the background sound level cannot be determined, the absolute sound level limits set forth in Table 1 shall be used.
Residential | Commercial or Industrial | ||
|---|---|---|---|
Source Property | 7:00 a.m. to 9:00 p.m. | 9:00 p.m. to 7:00 a.m. | All Times |
Residential | 55 | 45 | 65 |
Commercial or industrial | 60 | 45 | 65 |
(b)
If the sound source in question is a pure tone, the limits of Table 1 shall be reduced by five dBA.
(c)
Nonrepetitive impulsive sound source shall not exceed 80 dBC at or within a residential real property line using the fast meter response speed.
(d)
In multidwelling unit buildings, if the background sound level cannot be determined, the daytime limit is 46 dBA and the nighttime limit is 35 dBA for sounds originating in another dwelling within the same building.
(3)
Exemptions.
(a)
Noise from emergency signaling devices.
(b)
Noise from an exterior burglar alarm of any building provided such burglar alarm shall terminate its operation within five minutes of its activation.
(c)
Noise from domestic power tools, lawn mowers, and agricultural equipment when operated between 8:00 a.m. and 8:00 p.m. on weekdays and between 9:00 a.m. and 8:00 p.m. on weekends and legal holidays, provided they generate less than 85 dBA at or within any real property line of a residential property.
(d)
Sound from church bells and chimes when a part of a religious observance or service.
(e)
Noise from construction activity, provided all motorized equipment used in such activity is equipped with functioning mufflers, except as provided in Subsection B(3)(f).
(f)
Noise from snow blowers, snow throwers, and snow plows when operated with a muffler for the purpose of snow removal.
C.
Odor control.
(1)
No person shall cause, suffer, or permit the emission into the outdoor atmosphere of any malodorous air contaminants from any source in such a manner that the malodors are detectable outside the property of the person where the source is being generated.
(2)
The prohibition on odors shall not apply to odor emissions arising from the premises of a farm operation.
(3)
Any process which causes an odor emission shall be operated in a manner such that escaping odors are eliminated. Backup odor reduction equipment shall be maintained to support primary odor reduction equipment.
D.
Glare or heat control. Any operation producing intense glare or heat shall be performed within an enclosed building or behind a solid fence in such manner as to be completely imperceptible from any point beyond the lot lines.
E.
Vibration control. No vibration which is discernible to the human sense of feeling shall be perceptible without instruments at any point beyond the lot line.
F.
Control of radioactivity or electrical disturbance. There shall be no activities which emit dangerous or harmful radioactivity. There shall be no electrical disturbance adversely affecting the operation of any equipment located beyond the property boundary of the creator of such disturbance.
G.
Fire and explosive hazards. Flammable and explosive materials shall be stored, used, and transported in accordance with the applicable state and federal regulations regarding such materials and associated storage vessels.
H.
Outdoor storage and waste disposal.
(1)
All outdoor storage facilities for fuel, flammable or explosive materials and raw materials shall be enclosed by a fence adequate to prevent the access of children and other members of the general public.
(2)
No materials or wastes shall be deposited upon a lot in such form or manner that they may be transferred off the lot by natural causes or forces.
(3)
All material or wastes which might cause fumes or dust or which constitute a fire hazard or which may be edible or otherwise be attractive to rodents or insects shall be stored outdoors only in closed, sealed containers.
(4)
No materials or wastes of any form may be stored in a floodplain area.
(5)
No use shall be conducted in such a way as to discharge any treated or untreated sewage except as shall be approved by the Department of Environmental Protection and/or the county Health Department, as appropriate; nor shall industrial wastes be stored, discharged, incinerated, or otherwise disposed of except in conformance with the applicable state and federal regulations regarding solid and hazardous wastes.
§ 680-55 Procedure for consideration of conditional use application.
An application for any conditional use as specified in the various articles of this chapter shall be considered by the Borough Council according to the following procedures:
A.
Application.
(1)
The application shall be submitted in writing to the Borough during regular Borough business hours, with a fee as required by the Borough's fee schedule.
(2)
The application shall include the request for approval of a conditional use and sufficient information to document compliance with the applicable standards of this chapter; a tentative sketch plan of the proposed development shall be included.
(3)
The Borough Planning Commission may submit one copy of the application to the Montgomery County Planning Commission for its advisory review, one copy to the Borough Council, and other copies to agencies and/or technical consultants whose review may be relevant.
B.
Public hearing.
(2)
The Borough Council shall consider the comments and recommendations of the Borough and County Planning Commissions, other advisors, and those present at the public hearing prior to deciding to approve or deny the proposed use. In allowing a conditional use, the Borough Council may attach such reasonable conditions and safeguards, in addition to those expressed in the ordinance, as it may deem necessary to implement the purposes of this chapter.
(3)
In deciding all applications for conditional uses, the Borough Council shall be guided by the following standards and criteria:
(4)
The Borough Council shall render a written decision on the application pursuant to the Municipalities Planning Code.
(5)
Where the Borough Council fails to render a decision or fails to hold the required hearing within the time prescribed by the Municipalities Planning Code, the decision shall be deemed to have been rendered in favor of the applicant unless the applicant has agreed in writing or on the record to an extension of time.
§ 680-56 Day-care facilities.
Day-care facilities, as defined in this chapter, are permitted by right in compliance with the requirements of this section.
A.
Family day-care homes are allowed in any zoning district, provided that:
B.
Group day-care centers are allowed in any zoning district provided that:
(1)
They are only allowed in a single-family detached dwelling.
(2)
They can demonstrate that they have a safe loading/unloading area for children that is located off of a public or private street.
(3)
They have a safe and secure outdoor play area.
(4)
They are located in a dwelling on a lot of at least one acre in size.
C.
Day-care centers are permitted in the GC, C-O, and V-1 Districts.
D.
Adult day-care homes are allowed in any zoning district, provided that:
(1)
They are only allowed in a single-family detached dwelling on lots of at least one acre in size.
E.
Adult day-care centers are permitted in any zoning district, provided that they are not located in a residential building.
§ 680-57 Lighting.
Lighting of property that causes a hazard or a nuisance to abutting roads and/or properties is a violation of this chapter, and shall not be permitted.
A.
When lighting appears to be a potential hazard or nuisance along public roads, the Borough Zoning Officer shall determine the need to relocate, diminish, reorient, shield, or remove the light fixtures in question, with the advice of the Borough Engineer. The determination shall be made mainly in terms of the effect of the lighting on traffic safety, such as from glare or brightness interfering with a driver's ability to see safely.
B.
When lighting appears to be a potential hazard or nuisance to an abutting property, the owner or tenant of the affected property may notify the Zoning Officer, who shall then determine the need to relocate, diminish, reorient, shield, or remove the light fixtures in question, with the advice of the Borough Engineer. The following shall be used as criteria:
(1)
No light shall shine directly into the windows of a building on abutting property.
(2)
No light shall shine directly from a light source onto the ground or improvements of an abutting property, although incidental light may be permitted to fall on abutting property.
(3)
Where the abutting property is residentially zoned or used, nonresidential uses shall direct light fixtures toward the nonresidential development and shield the residential properties from direct lighting or glare. An intensely lit nonresidential use shall also be required to install a landscaped screen buffer along any residential property line. The effectiveness and design of this buffer shall be determined by the Borough.
(4)
Light fixtures closer to a side or rear lot line than the side or rear yard setback shall be no more than 20 feet high, and shall be so constructed that all light shall be aimed perpendicular to the side or rear lot line and in the direction of the nonresidential development.
[Amended 6-7-2017 by Ord. No. 583]
(5)
All light fixtures for nonresidential uses shall use the most current lighting industry technology to ensure that these performance standards are satisfied.
§ 680-58 Kennels.
Kennels are subject to the following provisions:
A.
A minimum lot size of five acres shall be provided.
B.
No animal shelter or run shall be permitted within 100 feet of any property line or 200 feet of any other dwelling on adjacent properties.
D.
The total number of dogs per acre shall not exceed five per acre, not including dogs under six months old.
§ 680-59 Traffic impact study.
A traffic impact study may be required at the discretion of the Borough Council for Zoning Map or text amendments, special exceptions, conditional uses, variances, preliminary plans for subdivisions and/or land developments, and/or any other pertinent proposal. The scope of this study shall be determined by Council, based upon the recommendations of the Borough Engineer or other Borough consultants.
§ 680-60 Satellite dishes, antennas, and towers.
The following regulations apply to all satellite dishes, antennas, antenna support structures, and towers. Satellite dishes are hereinafter referred to as "dishes."
A.
Size.
(1)
A dish or antenna up to six feet in diameter and six feet in height is permitted by right in any zoning district.
B.
Nuisance. All antenna and support structures shall be designed and located so that surrounding areas will not be negatively affected by support structure failure, falling ice or other debris, electromagnetic fields, or radio frequency interference.
C.
Public safety. Any ground-mounted dishes or antenna support structures more than six feet in diameter or six feet in height shall be enclosed by a fence or fitted with an anticlimbing device, as approved by the manufacturer.
D.
Antenna support structures shall not exceed 150 feet in height and should be painted silver or have a galvanized finish retained in order to reduce the visual impact. Support structures may be painted green up to the height of nearby trees. Antenna support structures shall meet all FAA regulations. No antenna support structure may be artificially lit except when required by the FAA.
E.
Advertising. No advertising shall be affixed to any dish, antenna, antenna supporting structure, or tower.
§ 680-61 Wireless communication facilities.
[Amended 11-1-2017 by Ord. No. 584]
A.
Purposes. The purpose of this section is to establish uniform standards for the siting, design, permitting, designation, maintenance, installation, construction and use of wireless supports and wireless communication facilities in Collegeville Borough. While the Borough recognizes the importance of wireless communications facilities in providing high-quality communications service to its residents and businesses, the Borough also recognizes that it has an obligation to protect public safety and to minimize the adverse visual effects of such facilities through the standards set forth in the following provisions.
B. ANTENNA APPLICANT BASE STATION BOROUGH CO-LOCATION DISTRIBUTED ANTENNA SYSTEMS (DAS) EMERGENCY FCC HEIGHT OF A WIRELESS SUPPORT MODIFICATION MONOPOLE NON-TOWER-BASED WIRELESS SUPPORT PERSON RELATED EQUIPMENT RIGHT-OF-WAY or ROW STEALTH TECHNOLOGY SUBSTANTIAL CHANGE(1) (a) (b) (c) (d) (2) (a) (b) (3) TOWER-BASED WIRELESS SUPPORT WBCA WIRELESS WIRELESS COMMUNICATIONS FACILITY (WCF) WIRELESS SUPPORT
Definitions. When used in this § 680-61, the following words, phrases and abbreviations shall have the meaning given hereinbelow unless the context clearly indicates otherwise.
Any system of wires, rods, discs, panels, flat panels, dishes, whips, or other similar devices used for the transmission or reception of wireless signals. An antenna may include an omnidirectional antenna (rod), directional antenna (panel), parabolic antenna (disc) or any other wireless antenna. This definition shall not include private-residence-mounted satellite dishes or television antennas or amateur radio equipment, including, without limitation, ham or citizen band radio antennas.
Any person that submits an application, including, without limitation, a building permit application, zoning permit application or conditional use application, under this section related to the construction, designation, location, co-location, modification, change or substantial change of a WCF or wireless support.
A station at a specified site authorized to communicate with mobile stations, generally consisting of transceivers, antennae, coaxial cables, power supplies and other associated electronics. Base stations also include any non-tower-based wireless support.
The Borough of Collegeville, also known and referred to as Collegeville Borough and Collegeville.
The installation of one or more wireless communication facilities, including antennae, on a previously approved and constructed wireless support. The term includes the placement, replacement or modification of previously approved accessory equipment.
Network of spatially separated antenna sites connected to a common source that provides wireless service within a geographic area or structure.
A condition that (1) constitutes a clear and immediate danger to the health, welfare, or safety of the public, or (2) has caused or is likely to cause facilities in the rights-of-way to be unusable and result in loss of the services provided.
Federal Communications Commission.
The vertical distance measured from the ground level, including any base pad, to the highest point on a wireless support, but not including antennae mounted on the tower and any other WCFs. If the wireless support is on a sloped grade, then the average between the highest and lowest grades shall be used in calculating the wireless support height.
The improvement, upgrade, expansion or replacement of existing wireless communication facilities or accessory equipment on an existing wireless support, including, but not limited to, any co-location, replacement or removal of WCFs.
A wireless support or site which consists of a single pole structure, designed and erected on the ground or on top of a structure, to support communications antennae and connecting appurtenances. A monopole is a freestanding structure which does not use the support of guy-wires.
Any wireless support not included within the definition of tower-based wireless support, including, without limitation, water towers, utility poles, light poles and existing buildings.
An individual, corporation, company, association, joint stock company, firm, partnership, limited liability company, corporation and any other legal entity; provided that person does not include, or apply to, the Borough or to any department or agency of the Borough.
Any piece of equipment related to, incident to, or necessary for, the operation of a wireless support or WCF. By way of illustration, not limitation, "related equipment" includes generators and ground cabinets.
The surface of and space above and below any real property in the Borough in which the Borough has a regulatory interest, or interest as a trustee for the public, as such interests now or hereafter exist, including, but not limited to, all streets, highways, avenues, roads, alleys, sidewalks, tunnels, viaducts, bridges, skyways, or any other public place, area or property under the control of the Borough, and any unrestricted public or utility easements established, dedicated, platted, improved or devoted for utility purposes, but excluding lands other than streets that are owned by the Borough and also excluding pedestrian trails, footpaths and equestrian trails under the control of the Borough. The phrase "in the right(s)-of-way" means in, on, over, along, above and/or under the right(s)-of-way. For the purpose of this section, ROW shall include streets and roads owned by the Borough, Montgomery County, the Commonwealth of Pennsylvania, and any other Pennsylvania state agencies.
Camouflaging methods applied to wireless supports, WCFs, base stations, related equipment, antennae and other facilities which render them more visually appealing or blend the proposed facility into the existing structure or visual backdrop in such a manner as to render it minimally visible to the casual observer. Such methods include, but are not limited to, architecturally screened roof-mounted antennae or building-mounted antennae painted to match the existing structure and facilities constructed to resemble trees, shrubs, and light poles.
Any modification of a wireless support, including the placement of any WCFs thereon, that results in the following:
For all wireless supports:
Any increase in the number of equipment cabinets beyond the industry standard for the technology involved, and in any case an increase in the total number of existing and new equipment cabinets to greater than four;
Any modification that requires the excavation or deployment outside of the current site of the wireless support;
Any modification that defeats the existing concealment and stealth technology efforts of the wireless support;
Any modification that does not comply with the conditions associated with the initial or subsequent approval of the construction or modification of the wireless support.
For tower-based wireless supports outside of rights-of-way:
Any increase in the height of a tower-based wireless support by more than 10% of its existing height, or by the height of one additional antenna array with separation from the nearest existing antenna by more than 20 feet, whichever is greater, except that the mounting of the proposed wireless communications facility may exceed the size limits set forth herein if necessary to avoid interference with existing antennae; or
Any increase in the horizontal width of a tower-based wireless support by more than 20 feet, or by an amount equal to the existing width of the tower-based wireless support, whichever is greater.
For tower-based wireless supports in rights-of-way and all non-tower-based wireless supports:
Any tower, monopole, or other structure which has a primary purpose of supporting wireless communication facilities thereto, which has received approval from the Borough as required in this chapter, to be designated as a wireless support. This definition shall include, but not be limited to, DAS hub facilities, self-supporting lattice towers, guy towers and monopoles.
Pennsylvania Wireless Broadband Collocation Act (53 P.S. § 11702.1 et seq.), as amended.
Transmissions through the airwaves including, but not limited to, infrared line of sight, cellular, PCS, microwave, satellite, or radio signals.
The set of equipment and network components, including antennae, nodes, control boxes, conduits, ducts, pedestals, electronics and other equipment, used for the purpose of transmitting, receiving, distributing, or providing wireless communications services. The term does not include any wireless support.
Any support structure that supports wireless communications facilities, regardless of its primary purpose, including but not limited to towers, monopoles, buildings, water towers, utility poles and light poles that could support the placement or installation of WCFs if approved by the Borough. This term does not include the wireless communications facility attached thereto.
C.
Applicability.
(2)
Preexisting approved wireless supports and WCFs. Except with regard to additions of new WCFs or a substantial change, wireless supports and WCFs in existence prior to the effective date of this section, if previously approved by the Borough, shall not be required to obtain conditional use approval under this section. Wireless supports and WCFs not previously approved by the Borough shall be fully subject to all of the requirements of this section.
(3)
Amateur radio station operators or receive-only antennas. This section shall not govern any support structure, or the installation of any antenna array, that is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive-only and/or noncommercial antennas.
D.
General requirements.
(1)
Standard of care. All wireless supports and WCFs shall be designed, constructed, installed, erected, 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, as applicable. All wireless supports and WCFs 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.
(2)
Maintenance. All wireless supports and WCFs shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair. 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 and businesses. All modifications and utilized materials shall be nothing less than the best available technology for preventing failures and accidents. All maintenance shall be ordered and repaired by qualified maintenance and construction personnel.
(3)
Public safety communications. No wireless support or WCF shall interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.
(4)
Radio frequency emissions. No wireless support or WCF may, by itself or in conjunction with other wireless supports and/or 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.
(5)
Aviation safety. All wireless supports and WCFs shall comply with all federal and state laws and regulations concerning aviation safety.
(6)
Related equipment. Ground-mounted related equipment greater than three cubic feet, such as cabinets and accessory structures, shall not be located within 50 feet of a lot in residential use or zoned residential.
(7)
Historic buildings or districts. No structure that could support the placement or installation of WCFs may be designated as a wireless support if it is:
(a)
Listed on either the National or Pennsylvania Registers of Historic Places, or eligible to be so listed.
(b)
Included in the official historic structures and/or historic districts list maintained by the Borough.
(c)
Located within the boundaries of any certified historical district in the Borough.
(8)
Wind. Wireless supports and WCFs 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 Code, as amended).
(9)
Lighting. Wireless supports and WCFs shall not be artificially lighted, except as required by law. 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.
(10)
Noise. Wireless supports and 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.
(11)
Inspection. The Borough reserves the right to inspect any tower-based wireless support to ensure compliance with the provisions of this section and any other provisions found within the Borough Code or state or federal law. The Borough and/or its agents shall have the authority to enter the property upon which a wireless support is located at any time, upon reasonable notice to the operator, to ensure such compliance.
(12)
FCC license. Each person that owns or operates a tower-based wireless support in the Borough shall submit a copy of its current FCC license, including the name, address, and emergency telephone number for the operator of the facility.
(13)
Reimbursement for ROW use. Every wireless support located in the ROW is subject to the Borough's right to fix annually a fair and reasonable compensation to be paid for use and occupancy of the ROW and all costs incurred by the Borough as a result of such activities. Such compensation for ROW use shall be directly related to the Borough's actual ROW management costs including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other ROW management activities by the Borough. The annual ROW management fee for wireless supports shall be determined by the Borough and authorized by resolution of Borough Council.
(14)
Zoning requirements. In addition to the requirements contained in this article, a wireless support must also comply with the requirements of the zoning district within which the wireless support is located. Where conflict exists between the requirements of the zoning district within which the wireless support is located and this article, this article shall control.
E.
Application, permit fees and retention of experts.
(1)
Application. An applicant proposing the construction or designation of any new wireless support or the modification or co-location of a WCF on any existing wireless support shall complete and submit an application to the Borough prior to beginning construction, designation, co-location or modification which shall include, at a minimum, the following:
(a)
Name, address and point of contact for the applicant.
(b)
Name, address and point of contact for the property owner upon which the new wireless support or the modification or co-location of a WCF on any existing wireless support is proposed to be located.
(c)
All fees required by the Borough's fee schedule, including fees required this section.
(d)
A description, drawing and plan showing the proposed installation, construction and/or changes to the wireless supports, in detail, and the WCF to be attached thereto. All plans and drawings for the installation, construction or modification of a wireless support, or the replacement, modification or co-location of a WCF on a wireless support and related equipment shall be signed and sealed by a professional structural engineer, licensed in the Commonwealth of Pennsylvania.
(e)
A copy of all Zoning Hearing Board and conditional use decisions pertaining to the property upon which the wireless support is located.
(f)
If located outside of a right-of-way, documentation evidencing ownership of the parcel upon which the wireless support is proposed, or an easement or other agreement with the owner which provides the applicant with access thereto.
(2)
Fees. The Borough may assess appropriate and reasonable fees directly related to the Borough's actual costs in reviewing and processing application(s) for the construction, designation or modification of a wireless support, as well as related inspection, monitoring and associated costs.
(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 construction of a new wireless support and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of this section. The applicant and/or owner of the new wireless support shall reimburse the Borough for all costs of the Borough's consultant(s) in providing expert evaluation and consultation in connection with these activities.
F.
Modification or co-location of WCFs.
(1)
Additional application requirements. In addition to the information set forth in Subsection E, applicant shall complete and submit a building permit application, and request a certification from the Borough that existing wireless support is in compliance with this section and all other applicable ordinances of the Borough, subject to the WBCA.
(2)
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, as well as related inspection, monitoring and associated costs, which permit fees shall not exceed $1,000, or other such other monetary limit, set forth in the WBCA.
(3)
Cost of experts. The Borough may hire any consultant(s) and/or expert(s) necessary to assist the Borough in reviewing and evaluating the application, the cost of which shall be reimbursed to Borough by the applicant.
(4)
Approval process. Within 30 calendar days of the date that an application for modification or co-location of a WCF on an existing wireless support is filed with the Borough, the Borough shall notify the applicant in writing of any information that may be required to complete such application, including the law, ordinance, or code section authorizing such request. If, after additional information is submitted, the Borough finds the additional information to be insufficient, the Borough may send a second written request within 10 days of the subsequent submission. All applications for modifications or co-locations of WCFs shall be acted upon within 60 days of the receipt of the initially submitted application 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 above-stated guidelines.
(5)
Substantial change. Any application proposing a modification, co-location or any other change to a wireless support, WCF or related equipment that is deemed to constitute a substantial change shall be an application for a new wireless support and shall be reviewed under the provisions of this § 680-61 for the same.
G.
Location of wireless supports.
(1)
Tower-based wireless supports outside a ROW. Tower-based wireless supports are permitted by conditional use outside of rights-of-way in the following zoning district: M+I, Manufacturing and Industrial District, Institutional District and/or municipal property in any district.
(2)
Tower-based supports within a ROW. Tower-based wireless supports are permitted by conditional use within the rights-of-way in the following zoning district: any zoning district subject to all applicable criteria within this § 680-61.
H.
Conditional use procedure.
(1)
Application. The application shall be submitted, in writing, to the Borough during regular business hours, with all fees required by the Borough's fee ordinance and this section. The application shall include a request for conditional use approval and sufficient information to document compliance with the applicable standards, conditions and criteria of this section and the underlying zoning district in which the wireless support is to be located. In the event of a conflict between the provisions of this section and the underlying zoning district, this section shall control.
(2)
Notice by applicant. Upon submission of an application for the construction, installation or designation of a new wireless support, the applicant shall mail notice to all owners of every property within 500 feet of the proposed facility. The applicant shall provide proof of mailing of the notification to the Borough.
(3)
Application review. Within 30 days of receipt of the application, a copy of the application will be provided to the Borough Planning Commission, Montgomery County Planning Commission, the Borough Engineer and any other agency or technical consultants whose review may be relevant.
(4)
Public notice. Public notice of the public hearing, stating the time, place and the particular nature of the case to be considered, shall be published in accordance with the requirements of the Municipalities Planning Code, as amended.
(5)
Public hearing. The Borough Council shall schedule a public hearing thereon within 60 days of receipt of the application unless the applicant has agreed, in writing, to an extension of time.
(6)
Decision. A written decision shall be rendered by Borough Council in accordance with the requirements of the Municipalities Planning Code, as amended. Notwithstanding the foregoing, a decision shall be made on the application within 45 days of the last hearing on the matter, but in no case shall a decision be made later than 150 days from the receipt of the initially submitted application unless an extension of time is agreed to, in writing, by the applicant. Where the Borough Council fails to render a decision within the period set forth hereinabove, or fails to hold the required hearing within the time required by the Municipalities Planning Code, as amended, the decision shall be deemed to have been rendered in favor of the applicant, unless the applicant has agreed, in writing or on the record of the hearing, to an extension of time.
(7)
Tolling of decision date. If additional information is requested by the Borough to complete an application, the time required by the applicant to provide the additional information shall not be counted toward the above-stated deadlines.
(8)
Permits required. Any applicant proposing the designation, construction or installation of a new wireless support shall first obtain a zoning permit and building permit from the Borough prior to construction. Approval of any conditional use shall expire two years after the date of approval by the Borough Council if, prior to such expiration, the applicant fails to obtain a building permit or use and occupancy permit, unless the Borough Council has agreed, in writing or on the record, to an extension of time.
I.
Conditional use standards and criteria.
(1)
General standards and criteria. The Borough Council shall consider comments and recommendations of the Borough and County Planning Commissions, other advisors and those present at the public hearing prior to deciding to approve or deny the proposed use. In allowing a conditional use, the Council may attach such reasonable conditions and safeguards, in addition to those expressed in the chapter, as it may deem necessary to implement the purposes of this chapter. In deciding all applications for conditional uses under this section, the Borough Council shall be guided by the following standards and criteria:
(a)
The proposed use is permitted by conditional use, and it will conform to the applicable regulations of the district in which it is located.
(b)
Points of vehicular access to the lot are provided at a distance from intersections and other points of access and in number sufficient to prevent undue traffic hazards and obstructions to the movement of traffic.
(c)
A determination that the proposed use will not have an unwarranted impact on traffic in the area, either creating significant additional congestion in an area of existing congestion or posing a threat of significant additional congestion where there is a high probability of future congestion. In addition, Borough Council shall consider whether the proposed use will create any traffic hazard dangerous to the public safety.
(d)
The proposed use will not impair an adequate supply of light and air to adjacent property.
(e)
The proposed use will not adversely affect the public health, safety or general welfare.
(f)
Visual or land use impact. Subject to the WBCA, the Borough reserves the right to deny an application for the construction, placement or designation of any wireless support based upon adverse visual and/or land use impact.
(2)
Indemnification. Each person who owns or operates a wireless support located in the Borough shall, at its sole cost and expense, indemnify, defend and hold harmless the Borough, its elected and appointed officials, employees, consultants, solicitors 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 a wireless support which is located in the Borough and owned or operated by the person, and any WCFs attached thereto. Each person that owns or operates a wireless support 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 wireless supports and any WCFs attached thereto. 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.
J.
Additional standards and criteria for all tower-based wireless supports.
(2)
Gap in coverage. Subject to the WBCA, an applicant for the construction, installation or designation of a tower-based wireless support 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 wireless support 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 the application for the construction, installation or designation of tower-based wireless supports.
(3)
Co-location not available. An application for a new tower-based wireless support shall not be approved unless the Borough finds that the wireless communications equipment planned for the proposed tower-based wireless support cannot be accommodated on an existing or approved wireless support, or on Borough property. Any application for approval of a tower-based wireless support shall include a comprehensive inventory of all existing wireless supports and other suitable structures within a two-mile radius from the point of the proposed tower-based wireless support, unless the applicant can show to the satisfaction of the Borough that a different distance is more reasonable, and shall demonstrate conclusively why an existing wireless support or other suitable structure cannot be utilized.
(4)
Design regulations. The wireless support shall employ the most current stealth technology available in an effort to appropriately blend into the surrounding environment and minimize aesthetic impact. The application of the stealth technology chosen by the applicant shall be subject to the approval of the Borough. Any proposed tower-based wireless support shall be designed structurally, electrically, and in all respects to accommodate both the applicant's antennae and comparable antennae for future users.
(5)
Additional antennae. As a condition of approval for all tower-based wireless supports, the applicant shall provide the Borough with a written commitment that it will allow other service providers to co-locate antennae on its tower-based wireless support where technically and economically feasible. Subject to the WBCA, no person shall cause any additional antennae to be installed without first obtaining the written approval of the Borough.
(6)
Signs. All tower-based wireless supports shall be accompanied by a sign in a location readily visible to any person outside of the equipment compound identifying the name and phone number of a party to contact in the event of an emergency. The face of such sign shall be no larger than six square feet and the top of such sign shall be located at a height of no higher than 10 feet from the ground.
(7)
Protective covering. All tower-based wireless supports shall be galvanized and/or painted with a rust-preventive paint of an appropriate color to harmonize with the surroundings.
(8)
Prohibited as a sole use on a lot. A tower-based wireless support shall not be permitted to be the sole use on a lot which meets the minimum lot area for the district.
(9)
Financial security: tower-based wireless supports. Prior to issuance of any permit for the designation, construction or placement of a tower-based wireless support, the owner shall obtain and maintain a bond or other form of financial security acceptable to the Borough Solicitor, in the amount of $100,000 for each tower-based wireless support to assure the faithful performance of the terms and conditions of this Subsection J(9). The financial security shall be provided by the owner at its own cost and expense, shall be obtained from a surety licensed to do business in Pennsylvania and shall be maintained throughout the existence of the wireless support. The financial security required under this Subsection J(9) shall provide that the Borough may recover from the principal and surety any and all compensatory damages incurred by the Borough for violations of this section, after reasonable notice and opportunity to cure.
(10)
Insurance. Each person that owns or operates a tower-based wireless support in the Borough shall provide the Borough with a certificate of insurance evidencing general liability coverage in the minimum amount of $2,000,000 per occurrence and property damage coverage in the minimum amount of $2,000,000 per occurrence covering the tower-based wireless support.
(11)
Combined with another use. A tower-based wireless support may be permitted on an improved property with an existing use, or an unimproved property in combination with another use. The existing use on the property shall be any permitted use in the applicable district, and need not be affiliated with the WCF.
K.
Standards and criteria for tower-based wireless supports located outside of rights-of-way.
(2)
Minimum setbacks. The tower-based wireless support, the related equipment and any accompanying utility building, cabinet or shelter shall comply with the minimum setback requirements of the underlying zoning district or the setback shall be equivalent to the maximum height of the proposed tower-based wireless support, whichever setback is greater.
(3)
Height. Tower-based wireless supports outside the rights-of-way shall be designed at no more than the minimum functional height. All applicants must submit documentation to the Borough justifying the total height of the structure. The maximum total height of any tower-based wireless support located outside the rights-of-way shall not exceed 125 feet, which height shall include all subsequent additions or alterations. Related equipment, including cabinets, shall not exceed eight feet in height. Any height extensions to an existing tower-based wireless support shall require prior approval of the Borough, subject to the WBCA. The Borough reserves the right to deny such requests based upon aesthetic and land use impact, or any other lawful considerations related to the character of the Borough.
(4)
Existing vegetation. The applicant shall ensure that the existing vegetation, trees and shrubs located within proximity to the wireless support shall be preserved to the maximum extent possible.
(5)
Soil report. The applicant shall submit a soil report to the Borough complying with the standards of the ANSI/EIA-222-E (Geotechnical Investigations), as amended, to document and verify the design specifications of the foundation of the tower-based wireless support, and anchors for guy wires, if used.
(6)
Fence. An eight-foot-high security fence shall completely surround any tower-based wireless support outside the right-of-way, as well as guy wires and any building or shelter housing related equipment.
(7)
Screening plantings. A screen of evergreen trees planted at a maximum of eight feet on center, and staggered in at least two rows, shall be located along the perimeter of the security fence surrounding a tower-based wireless support. The applicant shall ensure that the existing vegetation, trees and shrubs located within proximity to the tower-based wireless support shall be preserved to the maximum extent possible. Fence gates shall remain accessible.
(8)
Related equipment. Ground-mounted equipment associated to, or connected with, a tower-based wireless support shall be underground or screened from public view using stealth technologies. All utility buildings and related equipment 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.
(9)
Access road. An access road, turnaround space and parking shall be provided to ensure adequate emergency and service access to tower-based wireless support. 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 owner of the wireless support shall present documentation to the Borough that the property owner has granted an easement for the proposed facility.
(10)
Parking. There shall be two off-street parking spaces for the first carrier and one additional parking space for each additional carrier up to a maximum of four parking spaces per tower-based wireless support.
L.
Standards and criteria for tower-based wireless supports in rights-of-way.
(2)
Height. Tower-based wireless supports in the ROW shall not exceed 35 feet in height subject to the WBCA; all height extensions to an existing tower-based wireless support shall require prior approval of the Borough, and shall not constitute a substantial change. All increases in the height are cumulative and additional increases shall not be further permitted. The Borough reserves the right to deny such requests based upon aesthetic and land use impact, or any other lawful considerations related to the character of the Borough.
(3)
Related equipment. Related equipment connected to or associated with tower-based wireless supports located in the right-of-way shall be installed underground if located in the right-of-way or within an easement area located on a privately owned adjacent lot 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:
(a)
Related equipment shall be screened, to the fullest extent possible, through the use of stealth technology, including decorative features, to the satisfaction of the Borough. Such screening shall maintain clear sight distance for motorists.
(b)
Any underground vaults related to tower-based wireless supports shall be reviewed and approved by the Borough.
(c)
Any related equipment attached to the tower-based wireless support shall be attached at a minimum vertical height of no less than 12 feet from the ground.
(4)
Time, place and manner. The Borough shall determine the time, place and manner of construction, maintenance, repair and/or removal of all tower-based wireless supports 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.
M.
General criteria and standards for all non-tower-based wireless supports.
(2)
Financial security: non-tower-based wireless support. Prior to issuance of any permit for the designation, construction or placement of a non-tower-based wireless support, the owner shall, at owner's expense, obtain and maintain a bond or other form of financial security in an amount acceptable to Borough Council to assure the faithful performance of the terms and conditions of this section. The financial security shall be provided by the owner at its own cost and expense, shall be obtained from a surety licensed to do business in Pennsylvania and shall be maintained throughout the existence of the wireless support. The financial security required under this Subsection M(2) shall provide that the Borough may recover from the principal and surety any and all compensatory damages incurred by the Borough for violations of this section, after reasonable notice and opportunity to cure.
(3)
Insurance: non-tower-based wireless support. Each person that owns or operates a non-tower-based wireless support 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-based wireless support. This provision may be waived by Borough if insurance requirements in lease agreement are satisfactory to Borough.
N.
Additional criteria and standards of non-tower-based wireless supports located outside of ROWs.
(2)
Existing structure required. Non-tower-based wireless supports shall only be located on existing structures, such as existing buildings.
(3)
Height of wireless support. The total height of any wireless support shall not exceed the attachment structure by more than 10 feet.
(4)
Height and diameter of antennae. Antennae and accessory equipment that are mounted to a building or similar structure may not exceed a height of 10 feet above the roof or parapet, whichever is higher, unless the applicant first obtains a special exception. Antennae, and their respective accompanying support structures, shall be no greater in diameter than any cross-sectional dimension that is reasonably necessary for their proper functioning.
(5)
Justification of height required. The applicants for a non-tower-based wireless support located outside the right-of-way must submit documentation to the Borough justifying the total height of the non-tower-based wireless support, subject to the WBCA. Such documentation shall be analyzed in the context of such justification on an individual case-by-case basis.
(6)
Stealth technology. Non-tower-based wireless supports are encouraged to employ stealth technology and be treated to visibly match the supporting structure in order to minimize aesthetic impact. The application of the stealth technology chosen by the applicant shall be subject to the approval of the Borough. Borough citizens utilizing satellite dishes and antennae for the purpose of maintaining television, phone, and/or internet connections at their respective residences for personal use shall be exempt from the requirements of this Subsection N(6).
(7)
Removal, replacement, modification. The removal and replacement of non-tower-based wireless supports and/or accessory equipment for the purpose of upgrading or repairing the wireless support is permitted, so long as such repair or upgrade does not increase the overall size of the wireless support or the numbers of antennae, subject to the WBCA.
(8)
Related equipment. Ground-mounted related equipment connected to or associated with a non-tower-based wireless support outside the right-of-way shall be installed underground, if feasible. Ground-mounted related equipment that cannot be installed underground shall be screened from public view using stealth technology, landscaping and other decorative features to the satisfaction of the Borough. If the applicant proposes to locate the related equipment in a separate building, the building shall comply with the minimum setback and other dimensional requirements for the underlying zoning district.
(9)
Fencing and screening. An eight-foot-high security fence and landscaping satisfying the requirements of this section shall surround any separate communications equipment building. The landscaping shall consist of a screen of evergreen trees planted eight feet on center, and staggered in two rows, located along the perimeter of the security fence.
(10)
Vehicular access. Vehicular access to the communications equipment building shall not interfere with the parking or vehicular circulations on the site for the principal use.
O.
Standards and criteria for non-tower-based wireless supports in the rights-of-way.
(2)
Location. The only structures in the right-of-way that shall be designated by the Borough as non-tower-based wireless supports shall be existing poles, such as existing utility poles or light poles.
(3)
Design criteria. The installation of WCFs on non-tower-based wireless supports 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 having a size that does not constitute a substantial change and that are compatible in scale and proportion to the wireless supports upon which they are mounted, subject to the WBCA. All equipment shall be the smallest and least visibly intrusive equipment feasible. Antennae and all related equipment shall be designed to match the supporting structure. WCFs and accompanying equipment shall be painted, or otherwise coated, to be visually compatible with the non-tower-based wireless support upon which they are mounted.
(4)
Related equipment. Related equipment connected to or associated with non-tower-based wireless supports and WCFs located in the right-of-way shall be installed underground if located in the right-of-way or within an easement area located on a privately owned adjacent lot 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.
(5)
Screening and stealth technology. Related equipment shall be screened, to the fullest extent possible, through the use of stealth technology, including decorative features, to the satisfaction of the Borough. Such screening shall maintain clear sight distance for motorists.
(6)
Underground vaults. Any underground vaults related to non-tower-based wireless supports and WCFs shall be reviewed and approved by the Borough.
(7)
Minimum height of related equipment. Any related equipment attached to the non-tower-based wireless support shall have a minimum vertical height of no less than 12 feet.
(8)
Time, place and manner. The Borough shall determine the time, place and manner of construction, maintenance, repair and/or removal of all non-tower-based wireless supports 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.
(9)
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 non-tower-based wireless support in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any wireless support 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:
(a)
The construction, repair, maintenance or installation of any Borough or other public improvement in the right-of-way.
(b)
The operations of the Borough or other governmental entity in the right-of-way.
(c)
Vacation of a street or road or the release of a utility easement.
(d)
An emergency as determined by the Borough.
P.
Relocation and removal of wireless supports.
(1)
Discontinued, unused or abandoned tower-based wireless supports. In the event that the use of a tower-based wireless support 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. Notwithstanding the foregoing, the Borough may deem a tower-based wireless support to be abandoned or unused after reasonable investigation. Unused or abandoned tower-based wireless supports or portions thereof shall be removed as follows:
(a)
All unused or abandoned tower-based wireless supports and related equipment shall be removed by the owner within six months of the cessation of operations at the site unless a time extension is approved by the Borough.
(b)
If the wireless support, related equipment 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 wireless support, related equipment and/or accessory facility may be removed by the Borough and the cost of removal assessed against the owner of the wireless support, related equipment and/or accessory facility.
(c)
Any unused portions of tower-based wireless supports, including antennae, 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 wireless support previously removed, subject to the WBCA.
(2)
Removal of discontinued, unused or abandoned non-tower-based wireless support. In the event that use of a non-tower-based wireless support 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. Notwithstanding the foregoing, the Borough may deem non-tower-based wireless supports to be abandoned or unused after reasonable investigation. Unused or abandoned non-tower-based wireless supports or portions thereof shall be removed as follows:
(a)
All abandoned or unused non-tower-based wireless supports and related equipment 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 non-tower-based wireless support or related equipment is not removed within two months of the cessation of operations at a site, or within any longer period approved by the Borough, the non-tower-based wireless support, related equipment and/or associated facilities and equipment may be removed by the Borough and the cost of removal assessed against the owner of the non-tower-based wireless support, related equipment and/or associated facilities.
(3)
Relocation or removal of wireless supports in ROWs. Within 60 days following written notice from the Borough, or such longer period as the Borough determines is reasonably necessary or such shorter period in the case of an emergency, an owner of a wireless support in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any wireless support 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:
(a)
The construction, repair, maintenance or installation of any Borough or other public improvement in the right-of-way;
(b)
The operations of the Borough or other governmental entity in the right-of-way;
(c)
Vacation of a street or road or the release of a utility easement; or
(d)
An emergency as determined by the Borough.
(4)
Cost of removal. If the removal of the wireless support is performed by the Borough in accordance with other provisions of the Borough Code of Ordinances, the Borough shall have the right to recover any and all reimbursement of the expenses of removal from/against the bond. The owner shall file a copy of the bond with the Borough prior to the issuance of the building permit. The Borough's remedies shall be cumulative, and in the event that the Borough exercises its rights to recovery against the bond, the Borough shall retain its right to recover any and all outstanding costs as permitted by the Pennsylvania Municipalities Planning Code and applicable law, such as an action in equity.
Q.
Violations applicable to all wireless supports and facilities.
(1)
Penalties. Any person violating any provision of this section shall be subject, upon finding by a magisterial district judge, to a penalty not exceeding $1,000, for each and every offense, together with attorneys' fees and costs. A separate and distinct violation shall be deemed to be committed each day on which a violation occurs or continues to occur. In addition to an action to enforce any penalty imposed by this section and any other remedy at law or in equity, the Borough may apply to a court for an injunction or other appropriate relief at law or in equity to enforce compliance with or restrain violation of any provision of this section.
(2)
Determination of violation. In the event a determination is made that a person has violated any provision of this section, such person shall be provided written notice of the determination and the reasons therefor. Except in the case of an emergency, the person shall have 30 days to cure the violation. If the nature of the violation is such that it cannot be fully cured within such time period, the Borough may, in its reasonable judgment, extend the time period to cure, provided the person has commenced to cure and is diligently pursuing its efforts to cure. If the violation has not been cured within the time allowed, the Borough may take any and all actions authorized by this section and/or federal and/or Pennsylvania law and regulations.
R.
Miscellaneous.
(1)
Nonconforming uses. Nonconforming tower-based wireless supports which are damaged or destroyed after enactment of this section due to any reason or cause may be repaired and restored at their former location, but must otherwise comply with the terms and conditions of this section.
(2)
Police powers. The Borough, by granting any permit or taking any other action pursuant to this section, does not waive, reduce, lessen or impair the lawful police powers vested in the Borough under applicable federal, state and local laws and regulations.
§ 680-62 Group home for handicapped.
Pursuant to the definition in Article II and the following, group homes are permitted by right in all zoning districts.
A.
The facility shall be certified by the appropriate state agency. The license or certification shall be obtained prior to issuance of an occupancy permit by the Borough. A copy of an annual report with evidence of continuing certification shall be submitted to the Zoning Officer in January of each year.
B.
Twenty-four-hour supervision shall be provided by staff qualified by the sponsoring governmental agency.
C.
No kitchen facilities shall be located in any bedroom.
D.
The number of residents occupying the group home, excluding staff, shall not exceed four persons.
E.
Any medical or counseling service provided shall be done only for residents of the group home.
F.
The use of the dwelling shall comply with all other Borough ordinances, including Borough and property maintenance.
G.
The group home must maintain the appearance of a single-family home.
H.
One off-street parking space shall be provided for each staff member per shift.
§ 680-63 Modification of front yard requirements.
Where an unimproved lot of record is situated on the same road frontage between two abutting improved lots or between one unimproved lot and one improved lot, the front yard requirement for the district shall be modified so that the front yard shall be an average of the existing abutting front yards on improved lots and the required front yard.
§ 680-64 Setback from road legal right-of-way.
In all districts, the minimum building setback from the legal right-of-way of all public roads shall be equal to the minimum front yard setback for the district.
§ 680-65 Obstruction to vision at intersections.
On any corner lot, no physical improvement, tree(s), or planting area shall be erected or altered within the vicinity of the intersection that would cause obstruction to driver vision from the abutting intersection. All development and use of land shall comply with the Collegeville Subdivision and Land Development Ordinance.[1]
§ 680-66 Condominium development.
Development proposed under the condominium form of ownership shall be required to satisfy the dimensional requirements of the zoning district in which it is located, for the types of dwelling units proposed. For dwelling units that are otherwise regulated by minimum lot areas, lot widths, and yards, plans shall show equivalent lotted areas, lot widths, and yard areas as dashed lines to show that the proposed development would comply with the dimensional standards required for those dwelling units under a fee simple lotted plan.
§ 680-67 Height of structures.
For any permitted structure not otherwise regulated herein, additional height above the limit specified in the individual zoning districts may be permitted as a conditional use when approved by the Borough Council, provided that the setback from any property line is at least equal to the height of the structure and the structure will not regularly be entered by people. This provision is intended to regulate miscellaneous structures, including chimneys, steeples, clock towers, water towers, and windmills.
§ 680-68 Solid waste disposal facilities.
Outside rubbish storage areas for all commercial, industrial, institutional and multifamily uses shall be fully enclosed and concealed from view. Opaque fencing and/or landscaping may be used. These areas shall also not be permitted within any parking space or aisle, but shall be located to provide easy access for pickup.
§ 680-69 Principal structure or building.
In any zoning district, no more than one principal structure or building is permitted on an individual lot.
§ 680-70 Zoning permits.
[Added 12-1-2004 by Ord. No. 506]
Zoning permits shall be required for all fences less than six feet, construction of all carports, greenhouses, sheds, detached private garages, and other accessory structures less than 1,000 square feet which are not otherwise required to obtain a building permit under the Borough's Building Code Ordinance.[1] Zoning permits shall also be required for any change in use of land, buildings or structures and any change of nonresidential building tenant or occupant.
§ 680-71 Student homes.
[Added 3-7-2007 by Ord. No. 526]
B.
Legislative intent of separation requirements. Certain uses in the various zoning districts, while compatible with other lawful uses, can be detrimental to the quiet use and enjoyment by others of their property if concentrated in the same neighborhood. Borough Council has determined that undue concentration can be avoided by mandating a minimum distance of separation between these uses in residential districts. Thus, the essential nature of the various districts can be maintained while providing a broad level of inclusion for the variety of uses that enrich our community.
C.
No permitted use allowed conditioned upon compliance with this subsection shall be located on a lot, any portion of which is closer to another lot lawfully used for a permitted use allowed conditioned upon compliance with this subsection than a distance determined by multiplying by 15 times the required street frontage for a single-family detached or, if permitted as a use, a single-family semidetached dwelling in the district in which the use is located. This section shall be construed to prevent an existing lawful use from being rendered unlawful by the application hereof.
D.
A special exception authorizing a student home shall expire without further action by the Borough unless the use is registered.
§ 680-71.1 Hookah bar/lounge.
[Added 4-4-2018 by Ord. No. 586]
Pursuant to the definition in Article II and the following, hookah bars/lounges are permitted in the M&I, Manufacturing and Industrial District by right:
A.
Hookah bars/lounges shall cease operations between the hours of 12:00 midnight and 11:00 a.m.
B.
No alcoholic beverages served or consumed on premises.
C.
Planted filtering buffer, fence or sound barrier when located within 300 feet of a residential property. The filtering buffer shall be consistent with § 600-53B(5) and figure 600-4.17.
D.
Services must be performed under sanitary conditions and in compliance with all federal, state and local regulations, rules and laws, if any, regulating such services.
E.
No one under the age of 18 is permitted on premises.